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Module 3 Lecture: American Law Enforcement

American Law Enforcement

Our criminal justice system has over 18,000 various law enforcement agencies through the local, state and federal level! When we think about law enforcement, we often think about county police officers, state troopers, FBI, DEA, etc. It is important to note that each department has a jurisdiction that they must adhere to.

Jurisdiction

is very important, as officers can only work in the area they have been given the authority for. For example, if an officer works outside of his/her jurisdiction and pulls someone over for speeding-that ticket will get dismissed, because the officer had absolutely no authority to work in that jurisdiction!
There were many various “types” of law enforcement agencies created hundreds of years ago. Specifically, America took note from England and utilized similar techniques for a police force. In the 1900s, the reform model came to creation in the United States. This model called for various changes to the previous policing models. These changes included the following:

· Narrowing of the police function from social service and the maintenance of order to law enforcement only.

· Centralization of authority, with the power of precinct captains and commanders checked.

· Creation of specialized, centrally based crime-fighting units, as for burglary.

· A shift from neighborhood foot patrol to motorized patrol.

· Implementation of patrol allocation systems based on such variables as crime rates, calls for service, and response times.

· Reliance on technology, such as police radios, to both control and aid the policing function.

· Recruitment of police officers through psychological screening and civil service testing.

· Specific training in law enforcement techniques. (Bohm & Haley, 2017, p. 144)

Even in 2018, we can see how these changes impacted the way we police today! In the police force, we see a lot of policewomen; however, this was not always the case and women were not able to have the same power(s) that policemen did. In 1910, the Los Angeles police department hired their first uniformed police woman, paving the way for other women in the United States.
In the 1970s and 1980s, research found that community policing could be quite beneficial for the community and law enforcement officers. Community policing focuses on working together with community members to help reduce and control crime rates. This technique worked well for many years; however, there have always been a distrust amongst many communities with law enforcement officers. Racial profiling and racial tension have caused a lot of issues amongst the two groups (communities and law enforcement) and community policing has recently taken a back burner, due to the large divide that has occurred due to numerous shootings of unarmed individuals across the country.

What Do You Think?

· Can community policing be saved in today’s society?

· What steps can be taken to get community policing back on track?

As of 2015, research found that there was 1 police officer for every 400 residents. That number is alarming!

· Why do we have so few officers in today’s society?

· Are the duties not worth the risk?

· What has caused people to fear becoming a police officer?

Breaking it Down

As mentioned previously, there are not only local law enforcement, but also state law enforcement, federal agencies, special jurisdiction agencies (FBI could be classified as this) and sheriff departments. It is important to understand that each department has their own “duties” and rules on what they can and cannot handle.

American Private Security

Law enforcement officers work for the government, whether that may be at the local, state or federal level. However, there are also private security firms that work in the United States as well. These security officers have duties that are somewhat similar in nature to law enforcement. The following are example of areas in private security:

· Physical security

· Personnel security

· Information systems security

· Investigations

· Loss prevention

· Risk management

· Legal aspects

· Emergency and contingency planning

· Fire protection

· Crisis management

· Disaster management

· Counterterrorism

· Competitive intelligence

· Executive protection

· Violence in the workplace

· Crime prevention

· Crime prevention through environmental design

· Security architecture and engineering

As you can see, those in the private security field can work a large range of jobs, from loss prevention to counterterrorism. If a company determines that they need a private security firm to work for them, they have two options. They are able to utilize contract security services, in which organizations pay a firm to contract their services for the company and/or individual(s). Some organizations have developed their own in-house proprietary security.

What Do You Think?

· Can the private security sector be more “challenging” and potentially dangerous than public law enforcement?

· Why or why not?

· Can you think of reasons as to why private security officers may not be taken “as seriously” as actual law enforcement?

Policing

Police offers are expected to handle many “roles” aside from just maintaining order. They handle so many other situations, such as disputes, deadly situations like shootings/domestic violence and even are one of the first ones on scene when an accident call comes into dispatch. We often forget that police officers are indeed human like the rest of us. They have emotions like the majority of humans and policing can be a very stressful career.

Imagine a police officer who has served for over 30 years in the field, responded to over 5,000 accident calls. Out of those calls, 1,000 involved fatalities of children.

What Do You Think?

· Do you believe this can cause a burden to the officer?

· Guilt? PTSD? etc.

· What issues arise with the nature of this work?

Law enforcement officers deal with a lot of issues, but there are certain characteristics of the job that many people are unaware of. For example, officers must be able to make a decision at the drop of a dime. Quick decision making skills are imperative, especially in a potentially deadly situation. Officers must also be able to work independently throughout the day. And, of course, one of the “worst” parts of the job entail dealing with the “bad.” Officers will come across individuals that have committed heinous crimes and have to see the victims of these crimes. In many instances the victims are deceased and they will see the harm done to the victim(s). It takes a lot to handle these situations and officers must be aware of what they are getting themselves into when they accept the position. It is a very rewarding career, but there are also negatives as mentioned above.
Another concerning topic-death is another one that officers often fear. When officers receive a call from dispatch, they have no idea what will happen when they arrive at the scene. Domestic violence calls are one of the most concerning, as these situations are more likely to end in violence towards the officer(s). The chart below shows assaults on police officers in 2015, corresponding to the type of call they arrived on scene for. It is interesting to note that ambush style attacks are one of the lower percentages. How can we better protect our police officers?

Circumstances at Scene of Incident

· Total

· Disturbance calls

· Attempting other arrest

· Handling, transporting, prisoners

· Investigating suspicious persons

· Traffic pursuits and stops

· Handling person with mental illness

· Burglary

· Civil disorder

· Robbery

· Ambush situation

· All other

Total Percentage of Total

· 50, 212 100%

· 16,256 32.4

· 7,820 15.6

· 6,143 12.2

· 4,647 9.3

· 3,972 7.9

· 1,710 3.4

· 840 1.7

· 677 1.3

· 398 0.8

· 240 0.5

· 7,509 15.0

Cybercrime

Technology is a great tool! However, as with the good, also comes the bad. With the advancement in technology has also come a new “type” of crime that previously, had been unheard of. Cybercrime happens when an individual uses a computer to commit a crime. There are many crimes that can be committed by the use of a computer. A few examples include:

· Child pornography

· Credit card fraud

· Identity theft

· Employment/business opportunities

Over the past ten years, we have heard many different schemes. For example, someone can try to sell an item on Ebay, only to receive an email from someone in Nigeria, stating that they will pay triple the amount you were asking, but they need your bank account information. Another scheme involves someone receiving a check for an item or services, only to find out the check was fraudulent in nature. Child pornography is a huge issue that we are facing all across the world. With the use of technology, predators are able to send these obscene pictures of children to anyone and everyone across the globe. Not only are children being victimized, but every single time their picture circulates to another person on the internet, they are once again being victimized. The internet has made it nearly impossible to find those who commit these acts–and although police do find sex offenders and such, the amount of people who are not caught is astonishing in itself!

Police and Ethics

Police officers are often held to a higher standard than others. We expect all police officers to handle themselves in a proper manner and employ good ethics and morals at all times–even while they are off duty. When officers make bad choices–the entire department and police force suffer the consequences. Over the past five years, there have been a lot of media coverage involving police officers who have killed minorities. Some of the cases were deemed justified, whilst others were not justified, yet not many officers have faced consequences for their actions. It is important for the public to trust those who are sworn to protect and serve the community. When distrust happens–problems arise for both law enforcement and communities.

Over the past few years, there have been tons of protests for victims of police brutality/excessive force. Should excessive force always be utilized? In many of the unjustified shootings, the victims were unarmed, thus making the use of lethal force questionable.

What Do You Think?

· Does race play a contributing factor?

Recruitment

There are many standards in place for the recruitment of police officers. Departments have to ensure that they are hiring the “best of the best” as these individuals will eventually patrol the streets and deal with all different types of people on a daily basis.
An example of the requirements needed to become a police officer in Seattle, Washington can be found below:

Minimum Hiring Standards

Criminal Record

Traffic Record

Employment History

Financial History

Professional Appearance

Residence

Drug Use

How Do Feel About These Qualifications?

· Does your state have similar requirements that must be met?

· What if a felon wanted to turn their life around?

After an applicant has been chosen, they must also go through extensive background testing, drug testing, medical test (physical) and psychological testing (polygraph tests). These are all important, because departments have to find individuals who are willing to do the job efficiently and remain ethical. These tests help the hiring department make that determination.
Once an officer has been hired, they are able to execute a lot of their own discretion during their patrols and stops. For example, an officer can decide whether or not they issue a ticket to a person speeding, or simply let them off with a warning. Officers can also decide whether or not they want to arrest a juvenile who may be acting delinquent or if they simply want to take them home to help them avoid becoming a part of the system. Although discretion is great, because it allows the officer to decide each situation on a case-by-case basis, there can be issues that also come with this power.

What Do You Think?

Do officers abuse their power?

Is racial profiling a problem in 2018?

Without a doubt, police officers are under a great deal of stress and endure extreme working conditions. Not only are they subject to long days, but they also deal with not-so-pleasant people and situations throughout their patrols. Hiring officers with high moral and ethical standards help reduce corruption and other issues in the field.

Knowledge Check

An Overview of Law Enforcement

Outline the history and development of law enforcement.

Policing in the United States is a decentralized system with approximately 18,000 law enforcement agencies. There is no central authority in our nation to coordinate law enforcement activities. This serves as checks and balances of policing powers. The

Posse Comitatus Act of 1878

limits local law enforcement agencies in using federal military personnel to enforce laws. A law enforcement agency carries out legitimate duties at the federal, state, or local level.

· Describe the concept of decentralized policing.

· How does jurisdiction limit policing powers?

· What are the three political jurisdictions by which government exercises law enforcement authority?

Jurisdiction

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The geographic limits, such as the municipality, county, or state, in which officers of the agency are empowered to perform their duties.

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Posse Comitatus Act of 1878

An act that limits the powers of local governments and law enforcement agencies in using federal military personnel to enforce the laws of the land.

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Describe the roles of federal law enforcement agencies and describe some of the major federal law enforcement agencies.

Federal law enforcement agencies

are under the administrative control of the executive branch of the federal government. There are three distinctively different types of federal agencies: military police, Native American tribal police, and civilian police. All four branches of the military (Army, Navy, Marines, and Air Force) have their own strategy for providing police services. Another federal authority is found in Native American reservations, which establish their own tribal police to provide services. Finally, there are approximately 50 federal civilian law enforcement agencies. One such federal agency, the

Federal Bureau of Investigation (FBI)

, operates the largest training academy in the United States for law enforcement agencies. In addition, the FBI maintains the

National Crime Information Center (NCIC)

, the nation’s largest database of computerized criminal information on wanted felons, criminal history, and stolen items such as automobiles and guns.

· Which branch of the federal government oversees federal law enforcement agencies?

· Name a federal law enforcement agency and describe its roles and duties.

· Describe the jurisdiction of a tribal police department.

· Discuss the new priorities of today’s FBI.

· Explain what is meant by the term narcoterrorism.

Federal law enforcement agencies
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Agencies that enforce only federal laws and are under the control of the executive branch of the federal government.

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Military police

Police who are members of the military and provide law enforcement services on military bases, on certain federal lands, and in cases involving military personnel.

Uniform Code of Military Justice (UCMJ)

Legal statutes that govern the behavior of military personnel and prescribe the due process to be followed to determine guilt and punishment.

Tribal police

Police that provide law enforcement services on Native American reservations, where local and state police have no jurisdiction and federal police have only limited jurisdiction.

Office of Tribal Justice

An office established in 1995 to coordinate tribal issues for the Department of Justice (DOJ) and to increase the responsiveness of the DOJ to Native American tribes and citizens.

U.S. Marshals Service

The federal agency that provides security for federal courts; is responsible for the movement, custody, and capture of federal prisoners; and provides protection of witnesses in federal cases.

U.S. Postal Inspection Service

The federal agency responsible for the security of U.S. mail and mail carriers and for investigation of mail fraud.

U.S. Secret Service

The federal agency that protects the president, the vice president, members of their families, major candidates for president and vice president, and visiting heads of foreign governments.

Federal Bureau of Investigation (FBI)

The federal agency responsible for protecting the United States from terror- ist attacks, foreign intelligence and espionage, cyber-based attacks, and high-tech crimes and for combating public corruption at all levels.

National Crime Information Center (NCIC)

The nation’s largest database of computerized criminal information on wanted felons; people on parole; criminal history; and stolen items such as automobiles, boats, guns, and securities.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

The federal agency responsible for regulating alcohol, tobacco, firearms, explosives, and arson.

Drug Enforcement Administration (DEA)

The federal agency that enforces U.S. laws and regulations regarding controlled sub- stances and that supports nonenforcement programs intended to reduce the availability of illicit controlled substances domestically and internationally.

Narcoterrorism

Terrorism in which drug lords in some countries operate virtually unchecked by law enforcement.

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Oversight and Professionalism of Law Enforcement

Explain the importance of police professionalism and integrity and the means used to promote professionalism and integrity.

Police professionalism is an important hallmark to ensure competent services, while balancing crime fighting and due process rights. Three strategies are used to maintain integrity within a police department: (1) a rigorous selection process in hiring new officers, (2) formalized policies and procedures, and (3) a procedure for investigating allegations of misbehavior should a citizen complaint be alleged. Through the process of an internal investigation, disciplinary action may
result against an officer who violated a professional standard.

· What challenges do law enforcement agencies face in balancing crime fighting and due process rights?

· Discuss the principles of the

Law Enforcement Code of Ethics

· Describe what is contained in an SOP manual.

· What process could a citizen utilize to make a complaint about police misconduct?

Law Enforcement Code of Ethics
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Professional standards of behavior to which law enforcement officers should aspire.

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Standard operating procedures (SOP)

manual A manual that describes the policies that regulate behavior and the performance standards for police officers.

Citizen complaint board

A citizen review board that hears alleged complaints of police misconduct.

Internal Affairs Unit or Office of Internal Affairs

An office that conducts investigations of criminal, abusive, or unprofessional behavior by law enforcement officers within the department.

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Summarize the legal restraints placed on law enforcement and the procedures that law enforcement must follow for searches, seizures, lineups, and arrests.

The police do not have unrestricted powers in performing their duties. An external oversight of police powers is the courts, especially the U.S. Supreme Court. Courts can prohibit and require certain behaviors of police in their gathering and presentation of evidence for a trial. The rules of evidence require that police officers must collect evidence properly; otherwise, it can be declared inadmissible in court. Hence, improperly obtained evidence can be declared inadmissible under the exclusionary rule. There are exceptions to the exclusionary rule that allow police to conduct search and seizures without a warrant in certain situations of public safety. Courts have also recognized that police operate in a dangerous environment; thus, they are allowed to take precautions (conducting pat-downs, for example) to protect themselves.

· Explain the difference between direct and indirect over- sight of law enforcement behaviors.

· What is meant by the term exclusionary rule? How does it affect police procedure?

· Describe various exceptions to the exclusionary rule.

· What is a plain-view search?

· Why can a police officer conduct a pat-down without probable cause that a crime has occurred?

Direct oversight

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Laws and judicial decisions that prohibit specific law enforcement behavior.

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Indirect oversight

A remedy, usually at criminal trial, if the standards of the court are not observed by agencies or officers.

Procedural law

The body of laws governing how things should be done at each stage of the criminal justice process.

Rules of evidence

Requirements for introducing evidence and testimony in court.

Exclusionary rule

A rule that prohibits the use of evidence or testimony obtained in violation of the Fourth and Fifth Amendments of the U.S. Constitution, established in Weeks v. United States (1914) and extended to all state courts in Mapp v. Ohio (1961).

Fruit of the poisoned tree doctrine

A rule of evidence that extends the exclusionary rule to secondary evidence obtained indirectly in an unconstitutional search, established in Silverthorne Lumber Co. v. United States (1918) and in Wolf v. Colorado (1949)

Search warrant

Legal permission, signed by a judge, for police to conduct a search.

Probable cause

The likelihood that there is a direct link between a suspect and a crime.

Search incident to lawful arrest

The right of police to search a person who has been arrested without a warrant.

Plain-view search

The right of the police to gather without a warrant evidence that is clearly visible.

Carroll doctrine

Terms allowing admissibility of evidence obtained by police in a warrantless search of an automobile when the police have probable cause that a crime has occurred and delaying a search could result in the loss of evidence.

Pat-down doctrine

The right of the police to search a person for a concealed weapon on the basis of reasonable suspicion, established in Terry v. Ohio (1968).

Public safety exception

The right of the police to search without probable cause when not doing so could pose a threat of harm to the public.

Good faith exception

An exception to the requirement that police must have a valid search warrant or probable cause when they act in good faith on the belief that the search was legal.

Wiretapping

A form of search and seizure of evidence involving communication by telephone.

Arrest

The restriction of the freedom of a person by taking him or her into police custody.

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The Court System

Summarize the historical foundations and structure of the U.S court system.

Our nations court system is described as a dual system, with both distinct federal and state courts. Unlike police departments that operate independently of each other, the courts are organized in a hierarchy whereby decisions of a lower court can be reviewed and reversed by a higher court. The

Tenth Amendment

of the Constitution gives each state the authority to establish its own court system. Each state has a final court of appeals, but it is possible to appeal a state decision to the U.S. Supreme Court.

· Why is the United States referred to as a dual court system?

· How does the Tenth Amendment affect state courts?

· Which court ultimately has the highest appellate authority?

Jurisprudence

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A philosophy or body of written law used to settle disputes.

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Dual court system

The political division of jurisdiction into two separate systems of courts: federal and state; in this system, federal courts have limited jurisdiction over state courts.

Article 3, Section 2

The part of the U.S. Constitution that defines the jurisdiction of the federal courts.

Eleventh Amendment

A provision that prohibits a citizen from one state from suing the government of another state in federal court.

Tenth Amendment

A provision that states that powers not specifically delegated to the federal government are reserved for the states.

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Identify the differences between criminal law and civil law.

Civil law

is referred to as private law because it addresses rights in cases between private parties. Civil lawsuits can include breach of contract, divorce, and medical malpractice. Criminal law addresses the prosecution and punishment of people who violate city, county, state, or federal laws. A significant difference between civil and criminal law is the burden of proof. The burden of proof in a civil court is only preponderance of the evidence, whereas the burden of proof in a criminal court is beyond a reasonable doubt.

· Give an example of one type of civil lawsuit.

· How does the burden of proof differ between a civil and criminal case?

Civil law
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Also called private law, the body of law concerned with the definition, regulation, and enforcement of rights in noncriminal cases in which both the person who has the right and the person who has the obligation are private individuals.

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Tort

A private wrong that causes physical harm to another.

Preponderance of the evidence

A majority vote of the jury—the standard required for a judgment in a civil case.

Beyond a reasonable doubt

A unanimous verdict—the standard required for a verdict in a criminal case.

Plaintiff

The party who files a civil lawsuit against the party who is alleged to have done harm.

Defendant

The party who sued in a lawsuit.

Judgment

A ruling by the court regarding the liability for injury or the claim alleged by the plaintiff.

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Describe the structure and function of the federal courts.

The federal court system is responsible for the enforcement of all federal codes in all 50 states, U.S. territories, and the District of Columbia. The federal court is divided into four tiers of responsibility with the

U.S. magistrate courts

, the trial courts, the appeals courts, and the U.S. Supreme Court. The U.S. Supreme Court is the highest appellate court in the American judicial system. The U.S. Supreme Court can change the legal principles upon which legislation and constitution are interpreted through a landmark case.

· Which court has the highest appellate authority in the United States?

· How many federal judicial circuits are there?

· How many

U.S. district courts

are there?

· What is meant by the term judicial review?

· How many justices comprise the U.S. Supreme Court bench?

Federal Judiciary Act

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The congressional act of 1789 that created the lower federal courts. circuits Geographic divisions of the federal court system.

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Marbury v. Madison

The 1803 case that established the court’s power of judicial review.

Judicial review

The power of the courts to declare congressional and presidential acts unconstitutional.

U.S. magistrate courts

Federal lower courts whose powers are limited to trying lesser misdemeanors, setting bail, and assisting district courts with various legal matters.

U.S. district courts

The federal system’s trial courts of original jurisdiction.

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