Understanding the Understanding the Criminal Justice SystemCriminal Justice System

CJUS 101 CJUS 101

Chapter 5: Police and Chapter 5: Police and PolicingPolicing

1.1. Police in AmericaPolice in America- largest / most visible- largest / most visible- enforce laws / keep the peace- enforce laws / keep the peace- investigators / traffic enforcers- investigators / traffic enforcers- social services- social services

a. a. ““Thin blue lineThin blue line”” - 90% = non-criminal- 90% = non-criminal - reporting / patrol / public - reporting / patrol / public

relationsrelations

(1) (1) History of policingHistory of policing- 9- 9thth century century

- Alfred the Great- Alfred the Great- preparing for war- preparing for war- civil policing- civil policing- mutual pledge- mutual pledge- 10’s / 100’s- 10’s / 100’s

(a) Constable(a) Constable- reported to “Reeve”- reported to “Reeve”- in charge of “Shire”- in charge of “Shire”- Reeve of the Shire- Reeve of the Shire- Shire’s Reeve- Shire’s Reeve- sheriff- sheriff

(b) 17(b) 17thth century England century England- people were the police- people were the police- “hue and cry”- “hue and cry”- start = paid policing- start = paid policing- “thief takers”- “thief takers”

(2) (2) London policeLondon police- beginning of modern policing- beginning of modern policing- horse patrol- horse patrol- river police- river police

(a) Sir Robert Peel(a) Sir Robert Peel

- Metropolitan Police – 1829 - Metropolitan Police – 1829 - City of London Police- City of London Police

(b) First professional departments(b) First professional departments- uniforms / badges / name - uniforms / badges / name

tagstags- training- training

b. b. Colonial AmericaColonial America- followed English tradition- followed English tradition- large criminal population- large criminal population

(1) (1) Movement westMovement west

- constables = eastern states- constables = eastern states- sheriff = southern states- sheriff = southern states- sheriff / marshal = western - sheriff / marshal = western

territoriesterritories

(a) Sheriff(a) Sheriff- first elected enforcement - first elected enforcement

officerofficer - county wide office- county wide office

(b) Marshal(b) Marshal- policed towns- policed towns- enforcement in town limits- enforcement in town limits- town ordinances- town ordinances

(2) Law of the gun(2) Law of the gun- vigilante justice- vigilante justice

(a) Posse comitatus(a) Posse comitatus- all able bodied men- all able bodied men- rode with sheriff / marshal- rode with sheriff / marshal

(b) Texas Rangers – 1823(b) Texas Rangers – 1823- first territorial police- first territorial police- first state police- first state police

(c) Arizona Rangers(c) Arizona Rangers

- second state police- second state police

(d) US Marshal(d) US Marshal- federal court officer- federal court officer- served civil papers- served civil papers- transported federal - transported federal

prisonersprisoners- tracked wanted federal - tracked wanted federal

felonsfelons

c. c. Modern police agenciesModern police agencies- over 50,000 federal / state / local- over 50,000 federal / state / local

(1) (1) FederalFederal

- enforce federal laws- enforce federal laws- assist state / local police- assist state / local police

(a) Department of Justice (a) Department of Justice - FBI / DEA / INS / US Marshal- FBI / DEA / INS / US Marshal- ATF / White House Police- ATF / White House Police

(b) Department of Homeland (b) Department of Homeland SecuritySecurity

- Secret Service / Customs- Secret Service / Customs- Border Patrol / Coast Guard- Border Patrol / Coast Guard- Immigration Service- Immigration Service- Transportation Security - Transportation Security

Admin.Admin.

(c) Department of the Treasury(c) Department of the Treasury- IRS- IRS

(d) US Postal Service(d) US Postal Service- postal inspectors- postal inspectors

(e) Department of Agriculture(e) Department of Agriculture- National Park Police- National Park Police- US Fisheries- US Fisheries- US Wildlife- US Wildlife

(2) (2) StateState

- independent state agencies- independent state agencies

(a) Pennsylvania State Constabulary(a) Pennsylvania State Constabulary- first modern police force – 1905 - first modern police force – 1905

(b) Function under different names(b) Function under different names- Washington State Patrol- Washington State Patrol- Oregon State Police- Oregon State Police- California Highway Patrol- California Highway Patrol- Arizona Department of Public- Arizona Department of Public SafetySafety- various functions / activities- various functions / activities

(c) Washington state(c) Washington state- state patrol- state patrol- liquor control- liquor control- gambling commission- gambling commission- wildlife- wildlife- park rangers- park rangers- public lands- public lands- attorney general- attorney general

(d) Several miscellaneous (d) Several miscellaneous agenciesagencies

- parole officers- parole officers- internal investigators- internal investigators

(3) (3) County / municipal law enforcementCounty / municipal law enforcement- county sheriff- county sheriff- city police- city police

(a) Sheriff(a) Sheriff- chief law enforcement officer- chief law enforcement officer- sheriff / coroner / tax collector- sheriff / coroner / tax collector- criminal function / civil function- criminal function / civil function- county corrections- county corrections

(b) Police(b) Police- city agency- city agency

- patrol / traffic / investigations- patrol / traffic / investigations- city jail (corrections)- city jail (corrections)

(c) Mutual aid agreements(c) Mutual aid agreements- cooperation of agencies- cooperation of agencies- cities / surrounding counties- cities / surrounding counties

(4) (4) Private policePrivate police- stores / business security / banks- stores / business security / banks- private patrol of neighborhoods- private patrol of neighborhoods- Pinkerton = private eye- Pinkerton = private eye- Wells Fargo = stage coach- Wells Fargo = stage coach

(5) (5) Auxiliary policeAuxiliary police- reserve police officers = sworn- reserve police officers = sworn- volunteers in policing (VIP’s)- volunteers in policing (VIP’s)

(6) (6) American vigilanteAmerican vigilante- extralegal actions- extralegal actions- lynch mobs / Guardian Angels- lynch mobs / Guardian Angels- neighborhood patrols- neighborhood patrols

d. d. Police agencies in Washington statePolice agencies in Washington state- 214 city police- 214 city police- 39 county sheriff departments- 39 county sheriff departments

- 6 university / college police agencies- 6 university / college police agencies- 24 tribal police- 24 tribal police- 8 state police- 8 state police

2.2. Enforcing the law and keeping the Enforcing the law and keeping the peacepeace- enforcer / protector / investigator / - enforcer / protector / investigator / mediatormediator- social worker / psychologist / attorney- social worker / psychologist / attorney- peace keeper / minister- peace keeper / minister

a. a. Primary functionPrimary function - keep the peace- keep the peace - law enforcement / traffic enforcement- law enforcement / traffic enforcement

(1) (1) PeacekeepersPeacekeepers- keep people moving- keep people moving- intervene = verbal disputes- intervene = verbal disputes- breakup unlawful gatherings- breakup unlawful gatherings

(2) (2) Obligation / responsibilityObligation / responsibility- key factor- key factor- separates citizen from police- separates citizen from police

(a) Police = obligation(a) Police = obligation- intervene when necessary- intervene when necessary- take action when required- take action when required

(b) Police = responsibility(b) Police = responsibility- must protect- must protect- must take action- must take action

b. b. How do police protect?How do police protect?- words / actions / force / weapons- words / actions / force / weapons

(1) (1) Use of forceUse of force- minimal force / necessary force- minimal force / necessary force- policy manual / state – federal - policy manual / state – federal

lawslaws- continuum of force- continuum of force- levels that are used- levels that are used

(1) (1) Level ILevel I

(a) Physical presence(a) Physical presence- just being there- just being there

(b) Words / commands(b) Words / commands- verbal direction - verbal direction - telling people what to do- telling people what to do

(c) Touching / out muscling(c) Touching / out muscling- moving apart- moving apart- separating people- separating people

(2) (2) Level IILevel II

(a) Hair / hand holds(a) Hair / hand holds

(b) Irritant spray(b) Irritant spray- pepper spray- pepper spray

(3) (3) Level IIILevel III

(a) Baton(a) Baton- use of the nightstick- use of the nightstick- reasonable / necessary- reasonable / necessary

(b) Stun gun(b) Stun gun- taser- taser- electric shock- electric shock

(c) Firearm(c) Firearm- deadly force- deadly force- last resort- last resort

(2) (2) Training receivedTraining received- firearms = handgun / shotgun / - firearms = handgun / shotgun / automatic rifleautomatic rifle- defensive tactics- defensive tactics

- pepper spray- pepper spray

b. b. Police organizationPolice organization- quasi-military function- quasi-military function- structure similar to military- structure similar to military- uniforms / titles / insignias- uniforms / titles / insignias

(1) (1) BureaucracyBureaucracy- division of labor- division of labor- chain of command- chain of command

(a) Rules / regulations to follow(a) Rules / regulations to follow

- disciplinary procedures- disciplinary procedures

(b) Enforcing rules(b) Enforcing rules- difficult - difficult - alone in vehicle- alone in vehicle- radio to contact- radio to contact

(2) (2) Functions of policingFunctions of policing

(a) Patrol services(a) Patrol services- response to calls - response to calls - process of observation- process of observation

(b) Traffic enforcement services(b) Traffic enforcement services- citations for infractions - citations for infractions - arrests for criminal traffic- arrests for criminal traffic- accident investigation- accident investigation- school patrol- school patrol

(c) Investigative services (c) Investigative services (detectives)(detectives)

- investigation of crimes- investigation of crimes- specialists = specific crimes- specialists = specific crimes- generalists = all crimes- generalists = all crimes

(d) Administrative services(d) Administrative services

- training program- training program- planning unit- planning unit- school resources (DARE / SRO)- school resources (DARE / SRO)- internal investigations- internal investigations

(e) Support services(e) Support services- communications (department)- communications (department)- records: reports / photos / prints- records: reports / photos / prints- property room / evidence room- property room / evidence room- city jail- city jail

(f) Specialized services(f) Specialized services

- drug enforcement (task - drug enforcement (task force)force)

- crime lab (Washington = - crime lab (Washington = state)state)

- Special Weapons and Tactics- Special Weapons and Tactics- bicycle patrol- bicycle patrol- undercover operations- undercover operations

(3) (3) Police assimilationPolice assimilation- hiring policies- hiring policies- requirements- requirements- acceptance- acceptance

(4) (4) Police discretionPolice discretion

- most important- most important- action taken = left to officer- action taken = left to officer- law / policy guides- law / policy guides

(5) (5) TrainingTraining- firearms- firearms- defensive skills- defensive skills- civil rights / protections- civil rights / protections

(6) (6) Police subculturePolice subculture- cohesive group- cohesive group- socialize / dependent- socialize / dependent

- “- “police personalitypolice personality””

(7) (7) Police cynicismPolice cynicism- distrustful of people- distrustful of people- motivated by evil / selfishness- motivated by evil / selfishness- on / off the job- on / off the job

c. c. Operational stylesOperational styles- develop own style of policing- develop own style of policing

(1) (1) EnforcerEnforcer- after everybody- after everybody

- maintains order- maintains order- no breaks given- no breaks given- longs for the “- longs for the “good old daysgood old days””- becomes cynical- becomes cynical

(2) (2) IdealistIdealist- does the job required- does the job required- insures due process- insures due process- treats people fairly- treats people fairly- protects their rights- protects their rights- starts out virtuous - starts out virtuous - becomes cynical- becomes cynical

(3) (3) RealistRealist- does the job / nothing more- does the job / nothing more- does not take the job home- does not take the job home- looks at it as only a job- looks at it as only a job- becomes cynical- becomes cynical

(4) (4) OptimistOptimist- looks for good in everything- looks for good in everything- people oriented- people oriented- becomes less cynical- becomes less cynical

d. d. Doctrine of Sovereign ImmunityDoctrine of Sovereign Immunity

- states could not be sued without - states could not be sued without consentconsent

(1) (1) Police protectedPolice protected

- no lawsuits filed against - no lawsuits filed against governmentgovernment

- could only sue officer- could only sue officer

(2) (2) Overturned = US Supreme CourtOverturned = US Supreme Court

- necessary / reasonable force- necessary / reasonable force

- justifiable acts- justifiable acts

- governments can now be sued- governments can now be sued