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Introduction to
Criminal Justice
HISTORY AND STRUCTURE OF
AMERICAN LAW ENFORCEMENT
Chapter Five
Bohm and Haley
The Limited Authority of
American Law Enforcement
The United States has almost
18,000 public law enforcement agencies. The
jurisdiction of each agency
is carefully limited by law.
Law enforcement is also limited by the
procedural law derived from
U.S. Supreme Court decisions.
Jurisdiction
The right or authority of
a justice agency
to act in regard to a
particular subject matter,
territory, or person.
The Limited Authority of
American Law Enforcement
In comparison with
other democratic nations of the world,
the United States has remarkably
more police agencies that operate under
far more restrictions on their authority.
Like much of the criminal justice system,
this limited law enforcement model came
from England.
The Development of
American Law Enforcement
Key Issues to Know
Tithing system
Shire reeve / posses
Constable-watch system
Constable
Peel’s Principles of Policing
Slave patrols
Frontier law enforcement
Community Policing
A desire to actually improve neighborhoods
led to the modern concept of
community policing, which involves:

A problem-oriented approach aimed at handling
a broad range of troublesome situations.

Greater emphasis on foot patrols.

Building a relationship with citizens, so they
would be more willing to help the police.
Community Policing
A contemporary approach to policing
that actively involves the community
in a working partnership
to control and reduce crime.
Public Law Enforcement
Agencies in the United States
Characteristics of Local
Full-Time Police Officers
Local Police Duties
Four categories of local police duties are:

Law enforcement: investigating crime and arresting
suspects.

Order maintenance or peacekeeping: controlling
crowds, intervening in domestic disputes.

Service: escorting funeral processions, taking
people to the hospital.

Information gathering: determining neighborhood
reactions to a proposed liquor license, investigating
a missing child.
Organizational Structure
How a police agency is structured depends on:

The size of the agency.

The degree of specialization.

The philosophy the leadership has chosen.

The political context of the department.

The history and preferences of a particular community.
Characteristics of Sheriffs’ Personnel
County Law Enforcement Functions
County sheriff and department personnel
perform many functions such as:

Investigating crimes.

Supervising sentenced offenders.

Enforcing criminal and traffic laws.

Serving summons, warrants, and writs.

Providing courtroom security.

Transporting prisoners.

Operating a county jail.
Politics and County Law Enforcement
Most sheriffs are directly elected
and depend on an elected board of county
commissioners or supervisors for funding.
Sheriffs generally have a freer hand in
running their agencies than do police chiefs.
State Law Enforcement
State law enforcement agencies provide
criminal and traffic law enforcement,
and other services particular to the needs
of that state government.
In 2000, the 49 primary state law enforcement agencies
(Hawaii has no state police agency)
had 87,028 employees
State Police Model and the
Highway Patrol Model
State Police Model
A model of state law enforcement services in which
the agency and its officers have the same
law enforcement powers as local police,
but can exercise them anywhere within the state.
Highway Patrol Model
A model of state law enforcement services in which
officers focus on highway traffic safety, enforcement
of the state’s traffic laws, and the investigation of
accidents on the state’s roads, highways,
and on state property.
State Law Enforcement
Both state police and highway patrol
agencies perform the following services:
• Help regulate commercial traffic.
• Conduct bomb investigations.
• Protect the governor and the capitol grounds and
buildings.
• Administer computerized information networks for
the state, which link up with the National Crime
Information Center (NCIC) run by the FBI.
Federal Law Enforcement
Among the best-known
federal law enforcement agencies are:

FBI

U.S. Secret Service

Treasury Department

Drug Enforcement Agency
As of June 2002, federal agencies employed
nationwide more than 93,000 full-time personnel
authorized to make arrests and carry firearms.
Federal Law Enforcement
Major differences between federal law
enforcement and local and state police are:

Federal agencies operate across the nation.

Federal agencies usually do not have
peacekeeping duties.

Some federal agencies have very narrow
jurisdictions.
The Department of Homeland Security
The United States Congress responded to the
terrorist attacks of September 11, 2001, by
enacting the Homeland Security Act of 2002.
The act established the Department of
Homeland Security (DHS). According to the
legislation, this new executive department
was created to:
continued on next slide
The Department of
Homeland Security

Prevent terrorist attacks within the United States.

Reduce the vulnerability of the United States to
terrorism.

Minimize the damage, and assist in the recovery,
from terrorist attacks that do occur within the United
States.

Carry out all functions of entities transferred to the
department, including by acting as a focal point
regarding natural and manmade crises and
emergency planning.
continue on next slide
The Department of
Homeland Security

Ensure that the functions of the agencies
and subdivisions within the department
that are not related directly to securing
the homeland are not diminished or
neglected except by an explicit act of
Congress.

Ensure the overall economic security of
the United States is not diminished by
efforts, activities, and programs aimed at
securing the homeland.
continued on next slide
The Department of
Homeland Security

Monitor connections between illegal drug
trafficking and terrorism, coordinate
efforts to sever such connections, and
otherwise contribute to efforts to interdict
illegal drug trafficking.
American Private Security
Private security in the United States
is a huge enterprise.
It has been estimated that twice as many
people work in private security
as in public law enforcement.
Contract Security amd
Proprietary Security
Contract Security
Protective services that a private security firm provides to
people, agencies, and companies that do not employ their
own security personnel or that need extra protection.
Contract security employees are not peace officers.
Proprietary Security
In-house protective services that a security staff,
which is not classified as sworn peace officers,
provide for the entity that employs them.
Issues Involving Private Security
A number of unresolved problems and issues
hamper the private security industry:

Legal status and authority derive from the rights of the
employer. Private security has few constitutional
limitations and can be held civilly liable.

Public policing in a private capacity. Sworn officers
often work for private companies, blurring the lines of
responsibility and liability.