Chapter 1: Law Enforcement in a Democratic Society

Introduction

• There are multiple legislations that help widen the powers of law enforcement agencies.
  • Examples: USA Patriot Act of 2001, the Homeland Security Act of 2002, the USA Patriot Improvement and Reauthorization Act of 2005, the Patriot Sunsets Extension Act of 2011, and the USA Freedom Act of 2015
• Linkage Blindness: The inability to link evidence together because of a lack of communication between agencies.
  • The Homeland Security Act of 2002 and the USA Patriot Act were both created to prevent linkage blindness from hindering an investigation.
• The Department of Homeland Security was created to look over territoriality and rivalry.
• Local police are the first to respond during terrorist attacks or terror in general.

The Police Functions: Social Control and The Use of Force

• Major Components of the Justice Process
  • Police
  • Courts
  • Corrections
• Socialization: The process by which people pick up traits from the rules, beliefs, and norms.
• Informal Social Control: The influence that the people (not the law) have on helping us learn the norms of society.
  • Examples: Parents, families, peers, and community
• Formal Social Control: When the government creates laws to control the behavior of others. It is also when police officers or law enforcement agents enforce laws.
• Deviance: When one’s actions do not follow the social norms or break rules.
  • If an act of deviance happens, for example, a law is broken, then it may be necessary for a formal social control (law enforcement) to step in.
• Coercive Force: This is when an officer puts pressure on an individual to get a confession or make sure they follow the law.
  • Examples: Pulling someone over for a traffic violation and writing up a ticket, negotiating a standoff, etc.
• Culture of lawfulness: When the people and the community understand that they need to respect the laws and rules.
• Legitimacy: When citizens see that law enforcement agencies are being fairly and properly operated, they have respect for them, and they are more likely to trust them.
• Procedural Justice: This describes how respectful and kind an officer is to the suspect or community member
  • Example: If an officer gives someone a ticket but was kind and respectful to them, then the person getting the ticket will feel like getting the ticket was fair and justified.

Policing Within the Rule of Law: The Challenges of Discretion

• Discretion: The ability of officers to make decisions based on the case and their judgment, as long as they do not break the rule of law.
• Decisions on arrests and charges
• Decisions not open to scrutiny
• Extra-legal factors: Skin color, grades, gender, race, ethnicity, etc.
• Rule of Law: Set of ideals that must be followed by law enforcement officers and agencies
  • All people in society have the opportunity to participate in establishing the law
  • The rules apply equally to everyone
  • Rules protect individuals and society

The Delicate Balance: Crime Control vs. Due Process

• The balance between public safety (crime control) & individual freedom (due process)

\

The Levels of Law Enforcement

• Jurisdiction: The authority of a court to hear and determine cases

Municipal Agencies

• Represents the greatest number of law enforcement officers
• Responsible for investigating most violent and property offenses in their jurisdictions
• Urban and rural departments

County Agencies

• Primary agencies at the county level: Sheriff’s office
• Justice courts: They hear minor criminal offenses as well as civil cases.
• Justices of the peace: These are the people who precede over cases in the justice courts.

State Agencies

• First established by Texas in 1853
• They have the ability to arrest an individual for an offense committed in the presence of the officers.
• They can execute search warrants.
• Highway patrol: which allows them control over traffic law on interstate roads.
• Also provide criminal history records, evidence analysis, and joint operations.

Federal Agencies

• Department of Justice: Established in June 1870 and is headed by the attorney general of the United States. Their main responsibilities are to enforce all US laws (drugs, immigration, etc.), protect citizens, ensure healthy business competition, and keep consumers safe.
  • U.S. Marshal Service: First formal law enforcement agencies established by the Judiciary Act of Congress in 1789. Their jobs consist of protection of the federal judiciary, operation of Witness Security Protection, seizure of property from criminals who have gotten it illegally, and transporting criminals.
  • FBI (Federal Bureau of Investigation): Main investigative agency in the federal government. They are primarily in charge of international and domestic terrorism. They also investigate multiple other offenses.
  • DEA (Drug Enforcement Administration): They enforce drug laws and regulations
  • ATF (U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives): Primarily licensing, investigating, and controlling alcohol, tobacco, firearms, and explosives.
  • Department of Homeland Security: Largest government reorganization that was done in order to prevent linkage blindness.
  • ICE (Immigration and Customs Enforcement): Enforces immigration and customs laws and protects terrorists from coming in. They also protect the border from gang-related activity.
  • CBP (U.S. Customs and Border Protection): Their job is border security, travel, and trade facilitation, antiterrorist effort, and inspection and collection of tariffs.
  • TSA (Transportation Security Administration): Responsible for the security of all modes of transportation
  • U.S. Secret Service: They protect the president and vice president and their families. They also are responsible for investigating device fraud, financial institution fraud, identity theft, computer theft, computer fraud, and financial infrastructure.
  • FLETC: This agency helps train agents and prepare them to go into the department they want.
  • Other:
    • JRIES (Joint Regional Information Exchange System): A system that shares information throughout all the agencies.
    • SLGC (Office of State and Local Government Coordination): This office coordinates DHS programs with state and local governments.
    • CEDAP (Commercial Equipment Direct Assistance Program): These programs provide funding to first responders to support their training and equipment.
  • Department of the Treasury
  • IRS (Internal Revenue Service): Largest agency within the Treasury Department. Their responsibility is the collection and enforcement of taxes and tax laws.
  • U.S. Postal Service: Their responsibilities are assaults or robberies of postal service employees, bombs, distribution of child pornography, distribution of controlled substances, money order crimes, theft of mail, and identity fraud.

Tribal Agencies

• Bureau of Indian Affairs
• Self-governed
• Considered Sovereign Nations

\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\