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The POLICE

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  1. The POLICE • Gatekeepers to the CJ system • HIGH VISIBILITY • HIGH DISCRETION • Tension between wanting “effective” police and respecting individual freedom

  2. Precursors to Modern Police • England (prior to Norman Conquest) • Pledge system • Hundreds “constable” • Shires  “shire reeve” • Changes in the 13th Century • Night Watchmen • Justice of Peace

  3. Early American Law Enforcement • Followed the English Model • County Sheriff most prominent • Many duties • Paid by a “fee system” • In larger cities • Night Watchmen • Town Marshal

  4. The Birth of Modern Policing • England, 1829 • Sir Robert PeelLondon Police force of 1,000 officers • Distinctive uniforms, military structure • Led by a “commissioner”

  5. Early American Police Departments • Development of police agencies prompted by mob violence. • Gentry feared restlessness of the underclass. • Fear of urban street crime produced demands for greater police protection. • First Police Department opened in Boston in 1838

  6. Early American Police Departments • Police were incompetent, disliked and corrupt. • Primary functions were to: • serve as enforcement powers for reigning political powers • protect private property • control the rising number of foreign immigrants

  7. 20th Century American Policing Major movements in policing: • Public concern about police corruption led to reform efforts • August Vollmer • Technological advancements • telegraph boxes, motorcycles and police cars

  8. Current Law Enforcement—The “FEDS” • The FBI • The Mann Actinvestigators to enforce • Eventually, organized as FBI under Hoover • Responsible for investigating all violations of federal laws that are not covered by other agencies • Bank Robberies • Civil Rights Violations

  9. Other Federal Law Enforcement • The Drug Enforcement Administration • Result of Harrison Act • U.S. Marshals • INS • ATF • Secret Service

  10. Between Federal and Municipal • County Law Enforcement • Sheriffs Office • Responsible for policing non-city areas • State Police • Every state but Hawaii • Power/function depends upon strength of Sheriff

  11. Metropolitan (city) police • Large variation in size • New York City = 36,000 officers • Average city = 50 or fewer officers • Police Departments are typically their own political entity • BUT, chief is appointed by mayor

  12. Functions of the Police • PATROL • Since beginning, police have “patrolled a beat” • Purpose is to DETER crime • KC Preventative Patrol • Directed Patrols or Saturation Patrols • Investigation • Proactive vs. Reactive • Effectiveness?

  13. Functions of the Police • Patrol • Investigation • Administration/Paper work • “Social Work” activities

  14. Investigation • Another example of the “wedding cake?” • Most Critical = information at crime scene • Bulk of time is spent on reports Clearance Rate

  15. The “Other” police functions • Traffic Control • “Social Work Activities” • Order maintenance, problem solving • James Q Wilson “Handling the Situation” • THE IRONY is that within police departments, the social work function is often considered “bullshit work”

  16. The Role of PoliceWhat Should Police be Doing? • Traditional Legalistic Model • Patrol and respond to calls • Viewed as “real police work” • The latest reform = “community oriented policing”

  17. The Theory of Community Oriented Policing • Wilson and Kelling • The “Broken Windows Thesis” • Implication of “broken windows for policing?” • The goal of policing should be to help maintain communities and solve community problems • Take care of “little stuff” (order maintenance) • Improve community communication/input

  18. Implementing COP ProgramsThe Practice of COP • Team Policing • Foot Patrols • Community “Sub-stations” • COP Officers Assigned to Neighborhoods • “Order Maintenance” Programs

  19. Problem Oriented Policing • Herman Goldstein coined this term. • Similar to C.O.P.Police should “solve problems” in a particular neighborhood. • Example: NYC Domestic Violence Program • Crime Specific “Crackdowns” • Targeting Crime “Hot spots”

  20. Effectiveness of C.O.P. or Problem Orientated Policing • Effectiveness Sketchy at Best • Some C.O.P. programs have improved community relations and reduced fear of crime. • Some Problem Oriented Policing programs have suppressed/reduced crime in certain locations. • Order Maintenance crackdowns have strained community-police relations in some areas.

  21. Police and the Rule of Law • Procedural Laws in Policing • Miranda rights • Search and Seizure • Police Use of Force

  22. Search and Seizure • In order to search people, cars, or homes, police generally need a warrant • Exceptions • Incident to Arrest • “Stop and Frisk” • Automobile Search • Consent Search • “Plain View”

  23. Police Use of Force • Coercive Force is a Part of Policing • How much force is necessary in a situation? • Most “use of force” is non-lethal • The use of Deadly Force • Tennessee v. Garner (1985) “Fleeing Felon”

  24. The “Police personality”? • The Stereotype = cynnical, racist, conservative, hostile • Empirical Evidence not Clear • Explaining the “police personality” • Individual traits (selection effect) • Police Subculture

  25. Police Discretion • What factors influence decision to arrest? • Community Level Factors • Departmental Factors • Situational Factors • Legal Factors • “Extra-Legal” Factors (Race, Class, Demeanor) • Van Mannen “The Asshole”