Study Notes on Law Enforcement and Criminal Justice: Chapter 1 - The Evolution of Law Enforcement

Chapter 1 Learning Objectives

  • LO 1: Explain when and why law enforcement began.
  • LO 2: Understand the significant contributions Sir Robert Peel made to law enforcement.
  • LO 3: Identify when and where the first modern American police force began and what it was modeled after.
  • LO 4: List the levels of government authorized to have law enforcement agencies and identify what additional form of law enforcement operates in the United States.
  • LO 5: Identify who the chief law enforcement officer at the federal level is.
  • LO 6: Compare and contrast the main characteristics of the three traditional eras of policing and note the time frame during which each existed.
  • LO 7: Name the fourth era of policing that has emerged and identify the impetus behind it.

Introduction to Law Enforcement

  • The heritage of law enforcement is tied to community pride and societal structure.
  • Definition of Law: A body of rules for human conduct that is enforced through penalties for violations.
  • Laws are enacted by legislative bodies and are influenced by customs, traditions, mores, and current societal needs.

Primitive and Ancient Law

  • Historical contexts of law enforcement include various ancient civilizations:
    • Babylon: Notable for early legal codes.
    • Code of Hammurabi: One of the earliest sets of written laws.
    • Egypt: Ancient practices that influenced legal proceedings.
    • China and East Asia: Diverse systems of law and governance.
    • Greece: Foundations of democratic law ideas.
    • Rome: Development of legal concepts that influenced modern law.

English Law and Law Enforcement Milestones

  • Significant developments in law enforcement history included:
    • The Anglo-Saxons and the Tithing System: Early law enforcement framework based on community responsibility.
    • The Norman Frankpledge System: System of mutual responsibility for law enforcement in local communities.
    • The Twelfth Century: Evolution of local law enforcement.
    • The Magna Carta (1215): Established principles of legal rights and limited power of rulers.
    • Significant developments over the next 500 years influenced modern policing concepts.

Peelian Reform

  • Sir Robert Peel is recognized as the "father of modern policing."
    • Advocated for a return to community responsibility for maintaining peace.
    • In 1829, established the London Metropolitan Police (nicknamed "bobbies" or "Peelers") to focus on crime prevention through conventional patrolling.
    • Uniforms: Officers wore identifiable top hats, royal blue coats, and white trousers, equipped with batons.

Early Law Enforcement in the United States

  • Formation of the First U.S. Police Forces included:
    • Boston Police Department: Established in 1838 as one of the first organized forces in the U.S.
    • New York City Police Department: Formed in 1845, modeled after London’s policing structure.
    • Los Angeles Police Department: Early responders established in the late 19th century.
    • The role of police evolved, including investigations, detective work, as well as supervising the slave patrols and vigilante movements.

Establishment of Federal Agencies

  • The creation of federal law enforcement agencies addressed national demands:
    • Department of Justice: Fundamental governing body overseeing federal law enforcement.
    • Department of Treasury: Historically significant in enforcing financial crimes and tax laws.
    • U.S. Postal Inspectors: Tasked with protecting the integrity of mail and investigating related crimes.
    • Coast Guard: Law enforcement agency for maritime law and border protection.
    • Military police: Provide law enforcement on military installations.

Current Organization of the Department of Justice

  • Key offices within the Department of Justice:
    • Office of the Attorney General: Senior official in charge of the Justice Department.
    • Deputy Attorney General: Second in command, overseeing department operations.
    • Solicitor General: Represents the U.S. before the Supreme Court.
    • Various Offices: Including Office of Legal Policy, Office of Public Affairs, and Community Oriented Policing Services.

Establishment of State Agencies

  • Responsibilities of State Law Enforcement Agencies:
    • State Bureaus of Investigation: Conduct criminal investigations at the state level.
    • State Fire Marshal Divisions: Oversee fire safety and arson investigations.
    • Departments of Natural Resources: Manage wildlife and environmental law enforcement.
    • Driver and Vehicle Services Divisions: Enforce motor vehicle regulations.
    • Departments of Human Rights: Enforce civil rights laws at the state level.

Development of County Agencies

  • Main County Law Enforcement Entities:
    • County Sheriff: Elected official responsible for law enforcement in the county; roles defined by state law.
    • County Police Departments: Provide broader law enforcement services in county areas.
    • Coroner/Medical Examiner: Investigates and certifies deaths within the jurisdiction.

Development of Local Agencies

  • Local Law Enforcement Structures Include:
    • Township and Special District Police: Handle security and law enforcement within smaller jurisdictions.
    • Constables: Function as peace officers within certain areas.
    • Marshals: Typically deal with enforcement of court orders and local ordinances.
    • Municipal Police Departments: Provide law enforcement at the city level.

Tribal Law Enforcement

  • Indian Country Law Enforcement:
    • Over 200 police departments operate under tribal authority, responding to local needs.
    • Bureau of Indian Affairs (BIA): Oversees the law enforcement operations and training for these departments.
    • These agencies handle calls for service and may operate jails as per tribal laws.

The Traditional Three Eras of Policing

  • Evolution and Characteristics of Each Era:
    • Political Era (1840-1930): Characterized by close relationships between local leaders and police, leading to corruption.
    • Reform or Professional Era (1930-1980): Stressed the importance of professionalism in policing, moving towards crime fighting instead of maintaining order.
    • Community Era (1980-Present): Focused on community engagement, problem-solving, and decentralization in policing practices.

Fourth Era of Policing

  • Emergence: An information-based approach has been prioritized following the events of 9/11.
  • This era is characterized by:
    • Homeland Security: Emphasizes protection against terrorism.
    • Data-Driven, Intelligence-Led, Predictive Policing: Strategies focus on proactive crime prevention using risk assessment and management.