Chapter 2 Notes: Local, State, and Federal Criminal Justice Structure

Local law enforcement structure and accountability

  • Sheriff as elected official

    • Elected by the citizens of the county for a term of 44 years. The sheriff answers to the electorate (the voters) who elected him or her.
    • Responsibilities include providing equipment to deputies (uniforms, vehicles), salaries, and overall department operations.
    • Interaction with local government: sheriff must coordinate with the county council and a county administrator who runs day-to-day operations.
    • Budget and expenditures: the sheriff must work with the governing body to secure the budget necessary to operate the department.
    • Oversight and removal: the only person in the state of South Carolina who can remove a sheriff’s office once elected is the governor.

  • Local government structure and cooperation

    • Sheriff operates within a framework of county government but does not report to the county governing body for daily operations; expenditures and budget details are communicated to the governing body.
    • Coordination with other entities is essential for budget approvals and resource allocation.

  • Large county sheriff’s offices and intergovernmental contracts

    • Example: Los Angeles County Sheriff’s Office is the largest sheriff’s department in the country and contracts with smaller municipalities within its boundaries that lack their own police budgets.
    • Lancaster County example: Lancaster contracts with the town of Kershaw to provide law enforcement within incorporated boundaries, highlighting how counties extend services locally.

  • Small-town police departments and rural policing challenges

    • National snapshot: about 87 ext{%} of departments in the United States have 2525 officers or fewer.
    • South Carolina snapshot: roughly 80–90 ext{%} of departments have 1313 or fewer officers.
    • Consequences of small staffs:
    • Limited proactive policing and deterrence; officers may be tied up responding to calls rather than patrolling.
    • Difficulty preventing crimes like break-ins, thefts, and drug synthesis in rural areas.
    • Example of “shake-and-bake” meth: criminal labs using common containers (e.g., a Gatorade bottle) in areas with sparse police presence; combined with easy access to precursors (e.g., Sudafed) and limited proactive patrols.
    • Gang activity may migrate into small towns where detection and deterrence are weaker due to lower police presence; criminals can hide in plain sight.

  • Budget pressures and consolidation trends

    • As a result of budgetary pressures and accreditation standards, some smaller departments may dissolve or be folded into larger agencies within the next several years (5-year outlook mentioned).
    • County-level consolidation is driven by the need to maintain salaries, attract/retain staff, and meet accreditation requirements that affect budgets.

  • Tribal police and indigenous sovereignty

    • Reservations operate under tribal government authority with no say from state or federal governments over laws or enforcement on the reservation.

  • Campus police and university security roles

    • Campus police serve both law enforcement and security functions; many large campuses rely on campus police for ongoing safety and security services.
    • An example: University of South Carolina (USC) campus police is presented as a robust, accredited agency with statewide reach beyond campus borders.
    • Campus police reporting and reporting requirements:
    • They must coordinate with campus security and safety systems (e.g., blue light emergency phones, mass notification systems such as text alerts and emails).
    • They have reporting obligations for certain incidents on campus (e.g., quarterly reports on assaults and sexual assaults) that may be reported differently off-campus.
    • Jurisdiction and reach:
    • USC campus police have jurisdiction over any building bearing the university name and, effectively, the university’s travel and activity footprint (e.g., events, teams in transit).
    • They are described as having statewide jurisdiction that extends beyond just the campus, potentially surpassing the sheriff’s office in reach in some contexts.

  • Immigration enforcement and state-level units

    • Some states include immigration units within their Department of Public Safety, coordinating with federal agencies as needed (referred to here as INS/local immigration efforts).

  • Sanctuary policies: immigration and firearm governance

    • Sanctuary cities (e.g., San Francisco) legislate to resist federal immigration enforcement within city limits; local law enforcement may refuse to assist in removing undocumented individuals.
    • Sanctuary for the Second Amendment: some jurisdictions designate themselves to resist federal or outside attempts to seize firearms within the jurisdiction.
    • These sanctuary policies have emerged in recent years and reflect tensions between local and federal authorities on immigration and firearms.

  • Budget cuts and law enforcement hiring freezes during economic downturns

    • Historical note: during the early 2000s (Great Recession era), some state agencies and patrols froze hiring for probation, parole, and related positions, and implemented furloughs.
    • Consequences: reduced public safety presence, with the public not necessarily perceiving a reduction in service until a crime occurs; the perceived level of protection can lag behind budget reductions.

  • State law enforcement agencies and scope

    • Examples in this context include: SLED (South Carolina Law Enforcement Division), highway patrol, probation and parole, and state correctional institutions.
    • In some states (e.g., Massachusetts and Rhode Island), the state police concept combines elements of patrol (uniformed officers) and investigations (plainclothes investigators).
    • The overall state-level functions often supplement local law enforcement with specialized investigations and interstate cooperation.

  • Federal umbrella: Department of Justice (DOJ) and sub-agencies

    • DOJ is the umbrella under which federal law enforcement operates.
    • NIJ (National Institute of Justice) and related National Crime Justice Reference Center (NCRJ) sit under DOJ.
    • FBI: a major federal agency with broad responsibilities including:
    • Forensic accounting and banking-related investigations; collaboration with agencies like the FDIC.
    • Crime laboratory work; periodic studies on firearms and ammunition to inform policy (e.g., shift from .40 caliber to 9mm due to comparative stopping power and cost considerations).
    • Uniform Crime Reports (UCR): FBI handles incident-based reporting; jurisdictions report quarterly under UCR definitions. A copy of UCR definitions may be attached for reference to course content.
    • Investigative functions: missing persons, cross-state investigations, forensic accounting (e.g., bank robberies).
    • Other DOJ agencies: DA (district attorney) offices, US Marshals, ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives), and others fall under the DOJ umbrella.

  • Department of the Treasury and related enforcement

    • Treasury-specific enforcement powers exist in some laws and agencies (e.g., Secret Service has dual roles: protection and counterfeit detection).
    • Asset forfeiture: seized assets (houses, boats, cars) may be managed by Treasury-related processes for sale and redistribution.
    • IRS: recently highlighted in the news for expanded enforcement capabilities (e.g., 87,000 new agents reported) and related investigations.

  • Department of Homeland Security (DHS)

    • Created after 9/11 by consolidating 22 agencies under one umbrella to focus on homeland security, terrorism, and catastrophic emergencies (natural disasters, emergencies).
    • Notable DHS components include Secret Service (beyond counterfeiting and protection) and other homeland security missions.

  • Department of the Interior

    • Park police and rangers operate under the Department of the Interior.
    • Agencies include:
    • Park Services (northern parks like Yosemite)
    • Fish and Wildlife Service
    • Bureau of Land Management
    • Emphasizes that law enforcement roles exist within national parks and public lands.

  • Department of Defense (DOD) and military law enforcement

    • Each military branch maintains its own law enforcement capability:
    • Army: CID (Criminal Investigation Command)
    • Navy/Marine Corps: NCIS (Naval Criminal Investigative Service)
    • Air Force: OSI (Office of Special Investigations)
    • These investigators may be uniformed or civilian; some roles appear as civilian investigators rather than traditional military police.

  • U.S. Postal Service and Inspector General (IG)

    • USPS has its own enforcement within the Postal Service, including the Inspector General (IG) who can oversee mail-related crimes (e.g., mail theft, counterfeit checks).
    • Jurisdiction can cross into multiple mailboxes or locations, especially when crimes cross state lines or involve multiple jurisdictions.
    • If a larger, multi-jurisdictional mail theft occurs, the USPS IG may coordinate with local and other federal agencies.

  • Additional federal agencies with law enforcement roles

    • FDA, Supreme Court Police, Capitol Police, Mint Police, U.S. Forest Service, Department of Agriculture, Department of Labor, and EPA (Environmental Protection Agency) have law enforcement or investigative capabilities for offenses under federal statutes.
    • Library of Congress security and Capitol Police provide building-specific security and enforcement for their respective government properties.
    • EPA enforcement examples include checks on chemical handling and environmental compliance in places like Lancaster County (e.g., Kershaw), where environmental compliance issues may trigger federal action.

  • Interagency jurisdiction and overlap challenges

    • The overlap of jurisdiction across agencies can lead to conflicts around who enforces what and where.
    • High-profile scenarios (e.g., when the Vice President or foreign dignitaries are at the Capitol) require multiple agencies (Secret Service, FBI, CIA, Capitol Police) to coordinate; this creates a complex, interlocking jurisdiction.
    • Task forces: Homeland Security Task Force members provide access to federal resources, grants, and specialized capabilities (e.g., narcotics enforcement, crime lab funding). A task force member may operate in different jurisdictions (e.g., Charlotte, Raleigh, Chesterfield) depending on assignments.

  • Interpol and international cooperation

    • Interpol is a worldwide organization focused on information sharing and investigations rather than direct arrests; it helps locate suspects via financial records, facial recognition, and other data, allowing the responsible jurisdiction to make arrests where the person is located.
    • Interpol serves as an informational and investigative network to support national authorities.

  • Quick recap of the chapter and scale

    • Local, state, and federal criminal justice system employment: approximately 2,400,000extto3,000,0002{,}400{,}000 ext{ to } 3{,}000{,}000 people.
    • Budgetary scale (as cited): approximately 265,270,000,000,000265{,}270{,}000{,}000{,}000 dollars per year.
    • Most law enforcement responsibility historically falls to local and county governments (sheriffs, city and town police).
    • Acknowledges a wide scope of federal agencies with law enforcement responsibilities and the lack of a single national police force.
    • The existence of private security and public-private cooperation: after 9/11, many agencies adjusted to new security demands (e.g., NYPD homeland security focus).

  • Final takeaway

    • There is no single national police force; law enforcement in the U.S. is distributed across local, state, and federal levels with many overlapping jurisdictions, specialized agencies, and evolving structures driven by events (e.g., post-9/11), budget pressures, accreditation requirements, and public safety needs.

  • Chapter end note

    • This concludes the overview of chapter two: Local, state, federal criminal justice structure and the various agencies and jurisdictions involved.

  • Instructor’s quick pointers for exam prep

    • Be able to distinguish roles and jurisdictions of sheriff’s offices, small-town police, tribal police, campus police, and federal agencies.
    • Understand how budget, accreditation, and political decisions influence departmental structure and consolidation trends.
    • Recognize the composition and function of major federal umbrellas (DOJ, DHS, Treasury, Interior, DOD) and the kinds of specialized units they host (e.g., FBI labs, UCR reporting, Secret Service, park rangers).
    • Recall examples used (e.g., LA Sheriff’s Office size and contracting, USC campus police jurisdiction, San Francisco sanctuary policies, 87,000 IRS agents discussion) as illustrative context for exam questions.