Chapter 3 CJ 204 Outline PDF

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chapter 3 outline, needed for tests and quizzes for the online course...

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Chapter 3 The Contemporary Law Enforcement Industry I.

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Basic Features of American Law Enforcement A. Almost 18,000 federal, state, and local agencies, B. Local political control- a tradition, inherited from England during the colonial period, that places primary responsibility for public protection with local governments, both city and county. C. Police services are provided by four different levels of government: city, county, state, and federal. D. An “Industry” Perspective 1. On a typical day, the average citizen receives police services from several different agencies. E. An International Perspective 1. Fragmentation- broken down into separate, decentralized parts. Size and Scope of the Law Enforcement Industry A. The Number of Law Enforcement Agencies 1. About 12,500 police departments, about 3,000 sheriff departments, 50 state police agencies, 1,700 special police agencies, and 73 federal agencies. B. The Number of Law Enforcement Personnel 1. About 785,000 full-time sworn law enforcement officers 2. Also about 105,000 federal law enforcement officers. 3. About 35% more full-time sworn officers today than there were in 1987. C. Understanding Law Enforcement Personnel Data 1. Authorized strength- the maximum number of sworn officers any given law enforcement agency is authorized to employ. D. Civilianization 1. The process of replacing sworn officers with non-sworn personnel for certain positions. 2. Today about 30% of all local police department employees are civilians. 3. Have been used as dispatchers, research and planning specialists, crimedata analysts, and computer technicians. 4. Civilians- those who follow the pursuits of civil life and are not employed as sworn officers or officials. 5. First, using civilians instead of sworn officers frees up sworn officers for critical police work that requires a trained and experienced officer, 6. Second, they possess needed expertise in such areas as computers or data analysis. 7. Third, in many cases they are less expensive than sworn officers, thereby representing a cost saving. E. The Police-Population Ratio

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1. Police-population ratio- the traditional measure of the level of police protection in a community; usually calculated as the number of officers per 1,000 population. 2. The national average for local agencies is 2.1 sworn officers per thousand residents. F. The Cost of Police Protection 1. Each year local government agencies spend a total of $64.1 billion on police services. 2. This costs each resident about 279$ per year. The Fragmentation Issue A. The major problem is a lack of coordination between agencies in the same geographic area. B. Fragmentation of responsibility can also lead to crime displacement, especially with respect to vice crimes. C. Many experts believe there is a serious problem of duplication of services, with the resulting increase in costs D. Fragmentation leads to inconsistent standards. E. Alternatives to Fragmentation 1. Consolidation a) Some experts argue that small agencies should be consolidated into larger ones. b) Public safety consolidation- consolidation of public safety services such as police, fire, emergency, and medical services within the same jurisdiction. 2. Contracting a) Another alternative to fragmentation is for small agencies to contract with larger agencies for specific services. F. The Fragmentation Problem Reconsidered 1. Some experts believe that the fragmentation problem may not be as serious as others have argued. 2. The Police Services Study examines 1,827 law enforcement agencies in the 1970s, and they found that “informal interagency assistance is common”and “strict duplication of services is almost non existent in the production of direct police services” 3. The PSS concluded that small police departments were not necessarily less efficient than large departments. 4. The less complex the community the more effective the police Municipal Police A. City police are the most important component of American law enforcement. B. Municipal policeC. City police have the most diverse population

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D. They have the heaviest responsibility for dealing with serious crime E. Are also responsible for difficult order maintenance problems and are asked to provide a wide range of emergency services. F. The big departments dominate public thinking about police. G. County Police 1. County police- police agencies that operate on a countywide basis and lack the non-law-enforcement roles of the county sheriff. 2. Less than 1% of all local departments are county police. The County Sheriff A. There are 3,102 sheriffs departments in the US B. Sheriff- an elected county official who is responsible for all three components of the criminal justice system: law enforcement, courts, and corrections. Usually is directing involved in partisan politics in ways that municipal police cheifs are not. C. Sheriffs are elected officials, and are directly involved in partisan politics in ways that municipal police chiefs are not. D. The Role of the Sheriff 1. Sheriffs serve all three components of the criminal justice system: law enforcement, courts, and corrections. 2. Almost all perform basic law enforcement functions of patrolling and investigating crimes. 3. Almost all serve courts by process serving and providing security for the courts. 4. 76% of all sheriffs departments maintain the county jail. 5. Four different models of sheriffs departments a) Full-service model sheriffs departments carry out law enforcement, judicial, and correctional duties b) Law enforcement model agencies carry out only law enforcement duties, with other responsibilities assumed by separate agencies. Civil-judicial model agencies handle only court related duties c) Correctional-judicial model agencies handle all responsibilities except law enforcement 6. There are very few large departments and many small ones. 7. Largest being Los Angeles County Sheriff’s Department 8. Aout 29% of all sheriffs departments have fewer than 10 sworn officers. Other Local Agencies A. The Constable 1. Constable- a peace officer who is empowered to serve writs and warrants but has a smaller jurisdiction than a sheriff 2. Depending on the state, constables can be elected or appointed, and their role and function is defined by the state constitution. B. The Coroner/Medical Examiner

1. Coroner2. Responsible for a wide range of activities, including death scenes, conducting autopsies, and determining the cause of violent or unexpected deaths. 3. 1,998 coroners are in the US 4. Usually employed by the state, county, or city agency. 5. Coroners are not typically trained as physicians and have received little, if any, medical training; whereas medical examiners are physicians and often have received special training in death investigations. 6. Corners are typically elected to their positions; medical examiners are usually appointed by an elected official. 7. Although both are responsible for the investigation of deaths, medical examiners are expected to rely heavily on their medical expertise to understand the cause of death. 8. Most jurisdictions require that the following types of deaths be investigated: a) Deaths due to homicide, suicide, or accidental causes such as car crashes, falls, burns, or the ingestion of drugs. b) Sudden or suspicious deaths, deaths from sudden infant syndrome (SIDS), and unattended deaths. c) Deaths caused by an agent or disease constituting a threat to public health d) Deaths that occur at a workplace e) Deaths of people who were in custody or confinement, or who were institutionalized. f) Deaths of people to be cremated. C. Special District police 1. Special district police- serve particular government agencies or special geographic boundaries. 2. Many airports and parks, for example, have their own police forces. 3. College and university police D. Trial Police 1. Tribal police2. In a number of important respects, tribes and reservations, are not subject to federal or state laws. 3. Historically, policing Indian country has been the responsibility of the BIA, which is located in the US Department of the Interior. 4. Most common administrative arrangement is for the tribes police agency to be created under the Indian Self-Determination and Education Assistance Act of 1975. a) This law gives indian nations the right to establish their own

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framework and to establish their own performance standards for their police departments. 5. The second most common administrative arrangement in indian country is for the BIA to assume policing responsibilities. 6. A less popular administrative arrangement is self-governance. E. State Law Enforcement Agencies 1. Fall into three categories: state police, highway patrols, and state investigative agencies. 2. State police- having statewide police powers for both traffic regulation and criminal investigations 3. Highway patrols- agencies having statewide authority to enforce traffic regulations and arrest non-traffic violators under their jurisdiction. 4. There are 50 general service state law enforcement agencies in the United States, with each state having its own. 5. Roles and responsibility a) Primary responsibility for enforcing traffic laws on the main highways b) Responsibility for criminal investigations c) Some operate a training academy Federal law Enforcement Agencies A. Federal Law Enforcement after 9/11 1. President George W. Bush restructured federal law enforcement roles and responsibilities into two departments: the Department of Homeland Security and the Department of Justice 2. The Department of Homeland Security a) On november 25, 2002, the Homeland Security Act was passed, creating the Department of Homeland security, a new cabinet level department the is responsible for activities pertaining to homeland security. b) The six largest federal law enforcement employers with DHS are: (1) Customs and border protection (CBP) (2) Immigration and Customs Enforcement (ICE) (3) Federal Emergency Management Agency (FEMA) (4) Transportation Security Administration (TSA) (5) US Coast Guard (6) US Secret Service c) Customs and Border Protection (1) INS, border patrol, US Customs Service, Inspection Service, and the Agricultural Quarantine Inspection program were combined into Customs and Border Patrol. (2) Responsible for ensuring that persons and cargo enter the

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United States legally and safely through official ports of entry. (3) Works to prevent illegal immigration and the smuggling of controlled substances, weapons of mass destruction, and illegal and diseased plants and animals into the country. Immigration and Customs Enforcement (1) Is DHS’s largest investigative bureau. (2) Conducts many functions formerly carried out by the US Customs Service and INS. (3) Comprised of two operational divisions: (a) Enforcement and Removal Operations, which is responsible for enforcing immigration laws, identifying and apprehending removable aliens, and detaining and removing illegal aliens from the US. (b) Homeland Security investigations, which investigates cross-border criminal activity such as cybercrimes, transnational gangs, human trafficking, and gu and drug smuggling. Federal Emergency Management Agency (1) Established in 1979, became part of DHS in 2003. ‘ (2) Employs 15,000 (3) Responsible for preparing for, preventing, and responding to natural and human-made disasters (4) Usually coordinates and partners with government, private, and nonprofit organizations to manage emergency preparedness and response efforts. Transportation Security Administration (1) Created November 19, 2001, in direct response to 9/11. (2) Responsible for protecting the nation's transportation system. (3) Not only are they responsible for airports, but also roads, railways, seaports, bridges, and pipelines. US Coast Guard (1) Established by Alexander Hamilton in 1790 (2) Moved to DHS in 2003 (3) Multifunctional, multi mission service that are both security and non security related (4) Responsible for security missions such as port, waterway, and coastal security; drug interdiction; migrant interdiction; and defense readiness. (5) Also responsible for non security missions such as

maritime safety, search and rescue, protecting the environment and living marine resources. h) US Secret Service (1) Established in 1865 for the purpose of investigating the counterfeiting of US currency. (2) Today it has a wide array of investigative responsibilities and is responsible for protection of current and former US presidents, vice presidents, and their immediate family members. (3) Currently responsible for investigating “crimes that involve financial institution fraud, computer and telecommunication fraud, false identification documents, access device fraud, advance fee fraud, electronic funds transfer, and money laundering.” 3. The Department of Justice a) In 1870 Congress established the Department of Justice with the attorney general as its administrative head. b) Congress made them responsible for enforcing and prosecuting all federal laws. c) The five largest Department of Justice Agencies rae: (1) Drug Enforcement Administration (DEA) (2) Federal Bureau of Investigation (FBI) (3) Bureau of ALcohol, Tobacco, Firearms, and Explosives (ATF) (4) US Marshals Service d) DEA (1) Mission of the DEA is to enforce federal laws and regulations pertaining to controlled substances. (2) Primary focus is on individuals who grow, manufacture, and distribute illegal drugs. (3) Mission is primarily dedicated to reducing the supply of illegal drugs to residents in the US (4) 4,300 agents e) FBI (1) Priorities of the FBI (a) Protect the US from terrorist attack (b) Protect the US against foreign intelligence operations and espionage (c) Protect the US against cyber-based attacks and high technology crimes. (d) Combat public corruption at all levels.

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(e) Protect civil rights (f) Combat transnational and national criminal organizations and enterprises (g) Combat major white collar crie (h) Combat significant violent crime (i) Support federal, state, local, and international partners (j) Upgrade technology to successfully perform the FBI’s mission. f) Bureau of Alcohol, Tobacco, Firearms, and Explosives (1) In 2003, the ATF was transferred under the Treasury Department to the Department of Justice (2) Responsible for enforcing federal firearms laws. (3) Investigates firearm trafficking and identifies and arrests armed career criminals. (4) Responsible for regulating the explosives-related industry to prevent terrorists and criminals from coming into possession of explosives and to ensure that those in possession of explosives are properly licensed. (5) Provides training to federal, state, and local officials for the detection, handling, and destruction of explosives. (6) Responsible for enforcing federal laws as they pertain to the collection of federal taxes on alcohol and tobacco products g) US Marshals Service (1) Established in 1789, nation's oldest federal law enforcement agency. (2) Responsible for providing security to the federal courts, housing federal detainees, and conducting fugitive investigations. (3) Also responsible for administering the nations witness protection program. The Private Security Industry A. The six largest security firms-- securitas, G4S, Universal Protection Services, US Security Associates, Guardsmark, and ABM Security Services. B. Private police organizations display four characteristics that differentiate them from the public police. 1. Private police organizations focus on more than crime, they also concern themselves with broader issues such as property, personal assets, and general consumer satisfaction. 2. Private police organizations have many more alternatives at their disposal

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for addressing problems 3. Private police organizations place significantly more emphasis on the prevention of problems. Public police organizations have traditionally emphasized reacting to problems after they occur, whereas private police invest more of their resources in problem prevention. 4. Private police concern themselves primarily with matters occurring on, or with, private property. For instance, private police are typically associated with large privately held spaces such as malls, housing developments, and business complexes. 5. The size of the private security industry raises a number of important issues. a) The first is the quality of private security personnel. b) Second, there are few federal, state, or local laws that guide private police conduct. c) There are problems related to cooperation between public and private police. d) Also, the nation's most valuable assets are in the hands of those who are so poorly trained and who earn less than half the average salary of the police. Minimum Standards: American Style A. The Role of the Federal Government 1. Mapp v Ohio, Miranda v Arizona, Tennessee v Garner set minimum national standards based on provisions of the US Constitution. 2. However the law does not cover many police personnel issues. 3. Most aspects of policing do not raise issues of constitutional law, therefore relying on the US Supreme Court to define minimum standards for police is not ideal. B. The Role of State Governments 1. The most important role of state governments has been to require the licensing or certification of all sworn officers. 2. Most states have also adopted procedures of delicensing or decertifying police officers. C. Accreditation 1. Accreditation- is a process of professional self-regulation, similar to those processes that exist in medicine, law, education, and other occupations. 2. Commission on Accreditation of Law Enforcement Agencies was established in 1979. 3. The major weakness with accreditation is that it is a voluntary process. 4. Accreditation is expensive 5. Agencies that were accredited were more likely to require more training, are more likely to have higher minimum educational requirements for new

officers, and are twice as likely to require drug testing for sworn officers....