The Role of Police in a Democratic Society

•As a primary form of social control regarding the prevention of crime, police work in a democratic society does not occur in a vacuum.

•The relationship between the police and the environment in which they operate is both interactive and recursive

•Within our own system of government, which is based upon three co-equal branches, the police are part of the executive branch. As such, they do not make the laws or pass judgment, they merely enforce them

•The police are required to operate within the parameters of the substantive, procedural and case law while at the same time adhering to well-established constitutional provisions and protections

•They are the most visible component of the government and the criminal justice system

•They are the largest component of the criminal justice system

•They exercise considerable discretion

•Everything the police do not only impacts individuals, but the entire CJ system

History of Policing

•The need for organized policing in England

•Early police reformers

•Sir Henry Fielding

•Patrick Colquhoun

•Sir Robert Peel

•Charles Rowan & Richard Mayne

History of Policing

•Early American law enforcement

•The early colonists brought with them many of the same ideas about law enforcement that were prevalent at the time in England, France and Spain

•The colonies suffered from many of the same problems that plagued European cities

•Law enforcement was initially performed by watchmen, constables and sheriffs

•More formalized departments were formed in Boston (1838), New York City (1844) and Philadelphia (1854)

•Major concerns during formative years included:

•Whether or not the police should wear distinctive uniforms

•Whether or not the police should be armed

•How much force the police should be allowed to use

History of Policing

•The “Political Spoils / Entrenchment” era of American policing was fueled by several factors:

•Jobs were highly desirable

•Appointments were based upon political affiliation

•Ward bosses had considerable influence

•The police were used to intimidate citizens and political opponents

•Early problems of police corruption and maladministration were addressed through formation of citizen oversight committees that were met with resistance from powerful police unions

History of Policing

•The “Professional Era” of policing emerged in response to the problems of a political spoils system wrought with corruptive influence

•Formation of the IACP in 1893

•Management philosophy of August Vollmer

•Writings of O.W. Wilson

•Numerous investigative commissions (watch this video)

•The trend toward professionalism also coincided with:

•A shift in the role of law enforcement

•Increased emphasis on a bureaucratic model of organization

•Advances in science and technology related to crime detection and investigations

History of Policing

•The “Modern Era” of policing coincided with a number of social and historical factors such as:

•Several significant Supreme Court decisions

•Increased availability of specialized training and equipment to deal with certain crises

•A growing crime problem that raised questions regarding effectiveness of the police

•Efforts to integrate the police in terms of both race and gender

•Emphasis on improved police-community relations

What the Police “Really Do”

•Most of what the general public knows about the police (and the entire criminal justice system for that matter) comes from exposure to the media

•Other less-common sources of information about the police comes from isolated contacts, third-person accounts, and rumors

•Most people think that the police are regularly engaged in:

•Shootouts

•High speed chases

•Interrogations

•Undercover operations

•Major investigations

•Corruption

•Answering high-priority / emergency calls

What the Police “Really Do”

•What the police “really do” is actually quite boring and not as glamorous as one might think. In some instances, it can be the least desirable type of work imaginable. However, it is vitally important work that more typically involves:

•Collaborating with other agencies of government to deliver critical public safety services

•Patrolling neighborhoods

•Preventing crime by:

•Patrolling neighborhoods

•Investigating suspicious circumstances / persons

•Taking reports of criminal activity

•Intervening in private disputes

•Helping those who cannot help themselves

•Giving directions and answering questions

•Meeting with members of the community

•Regulating the flow of traffic, assisting motorists, directing traffic, working accidents

What the Police “Really Do”

•Most of what the police do in reality reduces to what is best described as “order maintenance” - making sure that things don’t get “out of hand”

•Numerous empirical studies support this point:

•½ of calls deal with solving problems

•10% of calls require enforcement, 30% order maintenance, 20% intelligence gathering, 40% service

•Despite the relatively mundane nature of police work, debate exists regarding how the police should best do their jobs

•How to balance demands from competing constituencies

•How to balance crime control against individual liberties

•How to control the use of force to achieve lawful objectives

•How to best deploy the police for effective and fair enforcement of the law

•How to “police the police”

Types of Law Enforcement Agencies

•Law enforcement in the U.S. functions at all levels of government

•Federal agencies are organized under the U.S. Department of Justice and work to enforce federal laws and support the work of state and local agencies

•State police operate to provide law enforcement in unincorporated areas, manage the flow of intra-state road and highway traffic, and support local agencies

•County sheriff departments also provide law enforcement in unincorporated areas and operate jail facilities

•Municipal police provide protection in cities and towns

•Specialized agencies perform functions as mandated by their legislative charters

•Clearly, the work of law enforcement is highly decentralized (see the 10thAmendment) and varies greatly from one agency to the next with regard to mandates, resources, styles, populations served, environment, etc.

Types of Police Departments

•The early work of James Q. Wilson helped to illustrate these differences through his book “Varieties of Police Behavior” (1968)

•Watchman – characterized by an emphasis on order maintenance, broad discretion, neighborhood officers, foot patrols

•Legalistic – characterized by emphasis on policy, limited discretion, strict enforcement, proactive strategies, professional imagery

•Service – characterized by effort to meet needs & expectations, attention to special populations, community partnerships, crime prevention programs

•Caveats

•This is a gross oversimplification that may be historically bound

•Most agencies need to be flexible

•Officers may employ their own individual style

Police Operations

•Police departments are generally divided into any number and variety of operational units – an organized division of command that is responsible for performing a specialized function or task

•The three most common operational units are patrol, investigations and traffic

•Operational units are separate and distinct from support units – organized divisions that exist to assist in the delivery of core services to the public

•The following slides explores three operational units commonly found in many municipal police departments, describes the functions of each and how their work is performed, and how they work together to ensure public safety

Patrol Operations

•The patrol division is referred to as the “backbone” of the organization because it performs the primary enforcement and service functions expected of the police

•This operational unit consumes approximately 2/3 of an agency’s sworn personnel and receives the largest budget allocation

•It is the most visible component of the agency (and the CJ system)

•It is the primary point of contact between the public and the police

•The traditional responsibilities of the patrol division were first articulated by O.W. Wilson, who suggested that officers patrol their beats, remain alert for conditions that jeopardize safety, and be prepared to take action as necessary

Patrol Operations

•Today, the police role has expanded to include a more complex set of expectations

•Deterring crime through visible presence

•Enforcing the laws

•Enable quick response to emergencies

•Investigating suspicious persons, behaviors, and situations

•Identify and apprehend offenders

•Assisting individuals who cannot help themselves

•Maintain public order

•Facilitate the movement of traffic

•Create a feeling of safety in the community

Patrol Operations

•The enduring question pervading patrol operation is how to best deploy officer to meet community expectations & perform the functions previously described

•Officers are assigned to “beats” or “districts” that are created for two purposes

•Equal protection

•Accountability

•There are any number of methods for determining beat boundaries

•Naturally occurring geographic landmarks

•Number of offenses

•Calls for service received

•Committed versus uncommitted time

Patrol Operations

•The logic behind traditional preventive patrol is that high visibility deters crime and that rapid response enhances public satisfaction and support for police

•This logic was put to the test in the Kansas City Preventive Patrol Experiment

•Fifteen districts were divided into three groups of five each

•Proactive

•Reactive

•Control

•Findings indicated no statistically significant differences in the dependent variables

Patrol Operations

•Methods of police deployment include:

•Foot patrol

•Vehicular patrol

•Mounted patrol

•Bicycle patrol

•Air patrol

•Water patrol

Criminal Investigations

•The purpose of criminal investigations is to support the patrol function

•Detective positions are highly sought after for several reasons

•Promotion in rank and pay increase

•Supervision

•Notoriety

•Attire

•Sense of closure

•Schedule

•Specialization

Criminal Investigations

•Criminal investigations may be classified into four generally types or categories:

•Case processing

•Detection

•Fact gathering

•Undercover work – watch this video (even though it is more of a “snare” than an undercover operation)

•Realities of detective work include:

•Numerous cases – think of a funnel

•Lots of paperwork

•Limitations on time

•Interrogations

•Case processing/ administrative duties

•Testifying

•Dead-end leads

Criminal Investigations

•Research into investigative effectiveness reveals:

•Little expertise is required

•Most crimes are solved when a subject is arrested at the scene

•Probability of clearance diminishes with time

•The amount of time devoted to specific cases is minimal

•Many crimes, except for the most serious, go unsolved

•Available sources of information are often ignored or inadequately used

•Efforts to improve investigative effectiveness include:

•Enhanced patrol crime scene training and equipment

•Increasing patrol responsibility for case outcomes

•More rigorous case screening criteria

•Enlisting public assistance

•Increased funding and staffing

Traffic Division

•The traffic division serves several functions

•Control the flow of motorized traffic

•Enforce traffic laws

•Investigate accidents

•Assist motorists

•Educate the public

•Provide recommendations to traffic engineers

•The traffic enforcement function helps to:

•Save lives

•Enhance public understanding of the law

•Frees up the patrol division to perform other tasks

•Arrests of wanted persons, recovery of stolen vehicles, drug and firearms interdiction

•Focus on specific traffic offenses

•DUI / DWI

•Seat belt enforcement

Enduring & Emerging Issues in Policing

•Despite its lengthy history, American law enforcement continues to struggle with several intractable issues:

•Methods of selecting qualified personnel

•Controlling the use of discretion

•Ensuring fair and equitable treatment of all citizens

•Controlling the use of force

•Preventing corruption

•Understanding and working within the law regarding search, seizure, and interrogation