police in america - san jose state university - § knowledge of the development of policing ......

27
Police in America Police in America Chapter Two Chapter Two The History of American The History of American © 2011 The McGraw-Hill Companies, Inc. All rights reserved Police Police

Upload: donga

Post on 29-Mar-2018

214 views

Category:

Documents


1 download

TRANSCRIPT

Page 1: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

Police in AmericaPolice in America

Chapter TwoChapter Two

The History of American The History of American

© 2011 The McGraw-Hill Companies, Inc. All rights reserved.

The History of American The History of American PolicePolice

Page 2: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

The Relevance of HistoryThe Relevance of History

§§ Knowledge of the development of policing Knowledge of the development of policing contributes to our understanding of contributes to our understanding of contemporary practices and problems.contemporary practices and problems.

§§ Police organization, reforms, and policePolice organization, reforms, and police--

22

§§ Police organization, reforms, and policePolice organization, reforms, and police--community relations today are deeply rooted in community relations today are deeply rooted in the past.the past.

Page 3: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

The Relevance of HistoryThe Relevance of History

nn The study of police history can:The study of police history can:1.1. Dramatize the fact of changeDramatize the fact of change2.2. Put current problems into perspectivePut current problems into perspective3.3. Help us understand what reforms have Help us understand what reforms have

33

3.3. Help us understand what reforms have Help us understand what reforms have worked and not workedworked and not worked

4.4. Alert us to the unintended consequences of Alert us to the unintended consequences of reformsreforms

Page 4: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

The English The English HeritageHeritage

§§ Formal law enforcement began in 13th CFormal law enforcement began in 13th C§§ Responsibility for Law EnforcementResponsibility for Law Enforcement

§§ Constable, Sheriff, & Justice of the Peace, private Constable, Sheriff, & Justice of the Peace, private

44

§§ Constable, Sheriff, & Justice of the Peace, private Constable, Sheriff, & Justice of the Peace, private citizenscitizens

§§ Did not work with urbanization and industrializationDid not work with urbanization and industrialization

§§ Sir Robert Peel Sir Robert Peel §§ Parliament: London Metropolitan Police (1829)Parliament: London Metropolitan Police (1829)§§ Modern Law EnforcementModern Law Enforcement

§§ Mission / Strategy / Organizational StructureMission / Strategy / Organizational Structure

Mission: prevent crime. Strategy:Beat patrol, visible presence in the community. Org: paramilitary, uniforms, hierarchy, authoritarian command, CREATES ORDER, DUTY, PROFESIONALISM AND ACCOUNTABILITY
Page 5: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

Law Enforcement in Colonial Law Enforcement in Colonial AmericaAmerica

§§ SheriffSheriff§§ Appointed by colonial Appointed by colonial

governorgovernor§§ Chief local government Chief local government

officialofficial§§ Law enforcementLaw enforcement

§§ WatchWatchWatchmen patrolled to guard againstWatchmen patrolled to guard against

FireFireCrimeCrimeDisorderDisorder

Originally, only night watchOriginally, only night watch

55

§§ Law enforcementLaw enforcement§§ Collect taxesCollect taxes§§ Conduct electionsConduct elections§§ InfrastructureInfrastructure

§§ ConstableConstable§§ Some responsibility for Some responsibility for

enforcing law and enforcing law and maintaining ordermaintaining order§§ Originally elected, later Originally elected, later

appointedappointed

Originally, only night watchOriginally, only night watchAll males were expected to serveAll males were expected to serve

§§ Slave PatrolSlave PatrolDistinctly AmericanDistinctly American

Guard against slave revolts and Guard against slave revolts and capture runaway slavescapture runaway slaves

Page 6: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

nn Law Enforcement wasLaw Enforcement was–– Inefficient, disorganizedInefficient, disorganized–– PoliticalPolitical

nn Informal Social ControlInformal Social Control–– Community and citizen Community and citizen

enforcementenforcement

66

–– PoliticalPolitical–– Reactive, not preventativeReactive, not preventative–– NonNon--investigativeinvestigative–– Outnumbered, ill equippedOutnumbered, ill equipped–– HighlyHighly moralisticmoralistic

§§ Laws against drinking, Laws against drinking, gambling and sexual practicesgambling and sexual practices

§§ Bribery and corruptionBribery and corruption

enforcementenforcement–– ChurchChurch

nn Frontier/RuralFrontier/Rural–– VigilantismVigilantism–– Mob justiceMob justice–– LynchingLynching

Page 7: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

First Modern America PoliceFirst Modern America Police

nn 1830s1830snn Urbanization, industrialization, immigration, Urbanization, industrialization, immigration,

tension between ethnic groups, riots in large tension between ethnic groups, riots in large cities, disregard for the law, moral uprisings and cities, disregard for the law, moral uprisings and escalating violence escalating violence ----> need for new kind of law > need for new kind of law

77

escalating violence escalating violence ----> need for new kind of law > need for new kind of law enforcement enforcement

nn Americans Americans –– did not trust a standing police forcedid not trust a standing police force–– did not want to pay for itdid not want to pay for it–– feared political influence and corruptionfeared political influence and corruption

Gangs of NY
Page 8: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

First Modern America PoliceFirst Modern America Policenn Enduring Features from UKEnduring Features from UK

§§ Beat presence / watch system / patrolBeat presence / watch system / patrol§§ Paramilitary structureParamilitary structure§§ Limited Police AuthorityLimited Police Authority

§§ Individual libertyIndividual liberty§§ Local Control Local Control ----> Decentralized and Fragmented / > Decentralized and Fragmented /

Uncoordinated SystemUncoordinated System

88

Uncoordinated SystemUncoordinated System

nn New York New York -- first police department with a day and night first police department with a day and night shift (1845)shift (1845)

nn Did not wear uniforms but had a hat and badgeDid not wear uniforms but had a hat and badgenn Did not carry firearms (not until late 1800s)Did not carry firearms (not until late 1800s)

Page 9: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

Three Eras of American Three Eras of American PolicingPolicing

nn The Political EraThe Political Era (1830s(1830s--1900)1900)–– Attractive job: good $, unchecked power, largely Attractive job: good $, unchecked power, largely

unsupervisedunsupervised–– Inefficient, corrupt, unprofessional, nepotisticInefficient, corrupt, unprofessional, nepotistic

§§ No personnel standards, no trainingNo personnel standards, no training

99

§§ No personnel standards, no trainingNo personnel standards, no training§§ Foot patrol, no phones, cars or radios Foot patrol, no phones, cars or radios ----> lack of response> lack of response§§ Not respected by publicNot respected by public§§ Brutality, misconductBrutality, misconduct§§ Marked by policeMarked by police--citizen conflictcitizen conflict§§ High turnoverHigh turnover

–– Began to carry firearms in response to lack of Began to carry firearms in response to lack of control, increase in crime rates and citizen violencecontrol, increase in crime rates and citizen violence

–– Opposite of UKOpposite of UK

No education requirements, criminals sometimes hired
Page 10: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

Political EraPolitical Era

nn George PlunkittGeorge Plunkitt–– District Leader for Tammany HallDistrict Leader for Tammany Hall–– Believed corruption was the essence of democracyBelieved corruption was the essence of democracy–– Awarded PD jobs to certain people Awarded PD jobs to certain people –– Funded TH with kickbacks and payoffsFunded TH with kickbacks and payoffs

1010

–– Funded TH with kickbacks and payoffsFunded TH with kickbacks and payoffs–– Officers were paid not to enforce laws Officers were paid not to enforce laws

–– Why was police corruption not stopped? Why was police corruption not stopped? §§ IncentivesIncentives

Page 11: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

Political EraPolitical Era

nn No “golden age” of policing in AmericaNo “golden age” of policing in Americann Essentially ineffectual and corruptEssentially ineffectual and corruptnn Enforcement of the Sunday Closing Law, Enforcement of the Sunday Closing Law,

18821882

1111

18821882nn Failure of Reform (reform continues today)Failure of Reform (reform continues today)

–– Battle for control and oversightBattle for control and oversight–– Amounted to replacing “bad” police with “good” Amounted to replacing “bad” police with “good”

policepolice–– No substantive ideas about police administration, No substantive ideas about police administration,

training or standardstraining or standards–– Theodore RooseveltTheodore Roosevelt

No education requirements, criminals sometimes hired
Page 12: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

The Diary of a Police Officer: The Diary of a Police Officer: Boston, 1895Boston, 1895

The recently discovered 1895 diary of Boston police officer The recently discovered 1895 diary of Boston police officer Stillman S. Stillman S. WakemanWakeman provides a revealing glimpse into actual police work 100 provides a revealing glimpse into actual police work 100 years ago.years ago.

Officer Wakeman was “an officer of the neighborhood.” He spent most Officer Wakeman was “an officer of the neighborhood.” He spent most of his time on patrol responding to little problems that neighborhood of his time on patrol responding to little problems that neighborhood residents brought to him: disputes, minor property crimes, and so residents brought to him: disputes, minor property crimes, and so

1212

residents brought to him: disputes, minor property crimes, and so residents brought to him: disputes, minor property crimes, and so on. He spent relatively little time on major offenses: murder, rape, on. He spent relatively little time on major offenses: murder, rape, robbery. He resolved most of the problems informally, acting as a robbery. He resolved most of the problems informally, acting as a neighborhood magistrate.neighborhood magistrate.

Officer Wakeman’s role was remarkably similar to that of contemporary Officer Wakeman’s role was remarkably similar to that of contemporary patrol officers. He was reactive and a problem solver. The major patrol officers. He was reactive and a problem solver. The major difference was the absence of modern police technology: the patrol difference was the absence of modern police technology: the patrol car and the 911 telephone system.car and the 911 telephone system.

Page 13: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

Three Eras of American Three Eras of American PolicingPolicing

nn The Professional EraThe Professional Era (1900(1900--1960s)1960s)–– Organized movement toward professionalismOrganized movement toward professionalism–– Development of state police and Bureau of Development of state police and Bureau of

Investigation (1908)Investigation (1908)

1313

Investigation (1908)Investigation (1908)–– Introduction of modern technologyIntroduction of modern technology

§§ TelephoneTelephone§§ TwoTwo--way radio (late 1930s)way radio (late 1930s)§§ Patrol car (just before WWI)Patrol car (just before WWI)

Page 14: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

Professional EraProfessional Era

nn Professionalization Movement Reform Agenda Professionalization Movement Reform Agenda –– Define policing as a professionDefine policing as a profession–– Eliminate the influence of politics on policing Eliminate the influence of politics on policing –– Hire qualified police chiefsHire qualified police chiefs

1414

–– Raise standards for patrol officersRaise standards for patrol officers–– Apply modern management principlesApply modern management principles

§§ Centralized command, efficient use of personnelCentralized command, efficient use of personnel

–– Create specialized units like traffic, vice, juveniles Create specialized units like traffic, vice, juveniles

Page 15: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

Professional EraProfessional Era

–– August Vollmer August Vollmer §§ “Father of American Police Professionalism”“Father of American Police Professionalism”§§ Advocated higher education for police officersAdvocated higher education for police officers

§§ Hired college gradsHired college grads§§ Organized police science courses at UCBOrganized police science courses at UCB

1515

§§ Organized police science courses at UCBOrganized police science courses at UCB§§ “Father of Modern CJ Education”“Father of Modern CJ Education”

§§ Chief of Police in Berkeley, California (1905Chief of Police in Berkeley, California (1905--1932)1932)§§ Wrote Wickersham Commission Report (1931)Wrote Wickersham Commission Report (1931)§§ Many students of Vollmer became police chiefs in CAMany students of Vollmer became police chiefs in CA§§ 1st professional police undergraduate school: SJSU 1st professional police undergraduate school: SJSU

19311931

Page 16: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

Professional EraProfessional Era

§§ Wickersham Commission Report Wickersham Commission Report §§ 1929 President Herbert Hoover1929 President Herbert Hoover§§ Series of reports on police, reform agendaSeries of reports on police, reform agenda§§ Report on Lawlessness in Law EnforcementReport on Lawlessness in Law Enforcement

§§ Serious police abusesSerious police abuses§§ Beating suspectsBeating suspects

1616

§§ Beating suspectsBeating suspects§§ Forcing confessionsForcing confessions§§ ThreateningThreatening

§§ Many cities/departments resisted reformMany cities/departments resisted reform§§ Chief of Police in Buffalo, NYChief of Police in Buffalo, NY§§ ChicagoChicago§§ LAPDLAPD

Page 17: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

Professional EraProfessional Era§§ FBI (1908)FBI (1908)§§ J. Edgar Hoover (director, 1924J. Edgar Hoover (director, 1924--1972) 1972)

§§ Emphasis on education, training, professionalism, dedication, Emphasis on education, training, professionalism, dedication, efficiency, crime fighter image (Gefficiency, crime fighter image (G--MAN)MAN)

§§ Increased FBI’s jurisdiction and powersIncreased FBI’s jurisdiction and powers§§ Opened National Police Academy in Quantico, VAOpened National Police Academy in Quantico, VA

1717

§§ Ten Most Wanted, UCRTen Most Wanted, UCR

§§ Violated Constitutional rights of citizens, spied, compiled private and Violated Constitutional rights of citizens, spied, compiled private and secret files on certain people and political groups (MLK)secret files on certain people and political groups (MLK)

§§ Ignored organized crimeIgnored organized crime

Page 18: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

Professional EraProfessional Era

§§ Race Relations Race Relations §§ Not seriously considered by reformersNot seriously considered by reformers§§ Riots in Chicago, LA, Detroit and NYRiots in Chicago, LA, Detroit and NY§§ Recommendations for change were largely ignoredRecommendations for change were largely ignored§§ Police forces were almost exclusively whitePolice forces were almost exclusively white§§ Very few African American police officersVery few African American police officers

1818

§§ Very few African American police officersVery few African American police officers§§ Usually assigned to black communitiesUsually assigned to black communities§§ South: no gun, limited powers, could not arrest whitesSouth: no gun, limited powers, could not arrest whites

§§ Large Mexican immigrant population in LALarge Mexican immigrant population in LA

Page 19: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

Professional EraProfessional Era

§§ Consequences of professionalizationConsequences of professionalization§§ Increase in military structure and ethosIncrease in military structure and ethos§§ Isolation and alienation of rank and file officersIsolation and alienation of rank and file officers§§ Formation of police subcultureFormation of police subculture§§ Development of police unions and demand for better payDevelopment of police unions and demand for better pay

1919

Page 20: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

Three Eras of American Three Eras of American PolicingPolicing

nn The Era of Conflicting Pressures (1960sThe Era of Conflicting Pressures (1960s--present)present)

–– Supreme Court Decisions Supreme Court Decisions (Miranda, Mapp)(Miranda, Mapp)

2020

–– High crime rates; fear of crime; political reactionHigh crime rates; fear of crime; political reaction–– Riots and protests / police responseRiots and protests / police response–– Affirmative action in employmentAffirmative action in employment–– Administrative control of discretionAdministrative control of discretion–– PCR, CP, POPPCR, CP, POP–– Citizen OversightCitizen Oversight

No education requirements, criminals sometimes hired
Page 21: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

Era of Conflicting PressuresEra of Conflicting Pressures

nn Civil Rights MovementCivil Rights Movement–– Militant challenges to discrimination in all formsMilitant challenges to discrimination in all forms–– Application of deadly force by white officers 8:1Application of deadly force by white officers 8:1–– Massive riots and protests sparked by officer actions Massive riots and protests sparked by officer actions

perceived as discriminatory (1964perceived as discriminatory (1964--68)68)

2121

perceived as discriminatory (1964perceived as discriminatory (1964--68)68)–– Lead to development of PCR units, CRBsLead to development of PCR units, CRBs

nn Civil Rights Act (1964)Civil Rights Act (1964)–– Outlawed discrimination and segregationOutlawed discrimination and segregation–– Enforcement of desegregation lawsEnforcement of desegregation laws

No education requirements, criminals sometimes hired
Page 22: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

Era of Conflicting PressuresEra of Conflicting PressuresResearch, Academics, Commissions and Studies of Research, Academics, Commissions and Studies of

PolicingPolicing–– American Bar Foundation (1955American Bar Foundation (1955--57) findings:57) findings:

§§ Police work involved broad discretion, mostly nonPolice work involved broad discretion, mostly non--criminal criminal activity activity

–– President’s Crime Commission (1965President’s Crime Commission (1965--67)67)§§ Discussed complexity of police work, confirmed ABF Discussed complexity of police work, confirmed ABF

2222

§§ Discussed complexity of police work, confirmed ABF Discussed complexity of police work, confirmed ABF findings, called for control over discretionfindings, called for control over discretion

–– Kerner Commission (1968)Kerner Commission (1968)§§ Found “deep hostility between police and ghetto Found “deep hostility between police and ghetto

communities”communities”§§ Called for changes to ensure proper officer conduct, hiring Called for changes to ensure proper officer conduct, hiring

more Af. Am. officers, improvement of citizen complaint more Af. Am. officers, improvement of citizen complaint handlinghandling

§§ Pointed out the isolating effect of having officers in patrol Pointed out the isolating effect of having officers in patrol carscars

Page 23: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

Era of Conflicting PressuresEra of Conflicting Pressuresnn Aggressive law enforcementAggressive law enforcement

–– StrongStrong--willed police chiefs (willed police chiefs (eg,eg, William Parker, William Parker, LAPD 1950LAPD 1950--1966)1966)

–– Aggravates conflict with minority communitiesAggravates conflict with minority communities–– Harms policeHarms police--community relationscommunity relations–– Leads to overlooking police abuses of rights, and Leads to overlooking police abuses of rights, and

2323

–– Leads to overlooking police abuses of rights, and Leads to overlooking police abuses of rights, and use of excessive force to achieve goalsuse of excessive force to achieve goals

–– ----> more riots > more riots ----> more commissions > more commissions ----> more > more studies studies ----> more recommendations > more recommendations ----> more > more efforts to standardize and improve police efforts to standardize and improve police operationsoperations

Page 24: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

Era of Conflicting PressuresEra of Conflicting Pressuresnn ABA (1973) ABA (1973) Standards Relating to Urban Police FunctionStandards Relating to Urban Police Function

nn Accreditation (CALEA Accreditation (CALEA -- 1983) 1983) Standards for Law Standards for Law Enforcement AgenciesEnforcement Agencies

–– Def: process of establishing and adhering to professional Def: process of establishing and adhering to professional standards and policies, code of ethicsstandards and policies, code of ethics

–– SelfSelf--regulationregulation

2424

–– SelfSelf--regulationregulation

nn Academic Research (from 1960sAcademic Research (from 1960s--now)now)–– Federally and privately fundedFederally and privately funded–– KC Preventative Patrol Experiment (1972KC Preventative Patrol Experiment (1972--73)73)–– Value of Rapid Police ResponseValue of Rapid Police Response–– Existence of police subcultureExistence of police subculture

Page 25: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

Era of Conflicting PressuresEra of Conflicting Pressuresnn Police SubculturePolice Subculture

–– William WestleyWilliam Westley§§ Hostility towards the publicHostility towards the public§§ Group solidarityGroup solidarity§§ Secrecy Secrecy

–– Jerome SkolnickJerome Skolnick§§ Distinct working environmentDistinct working environment

2525

§§ DangerDanger§§ Exercise of authorityExercise of authority§§ Pressure to achieve results (arrests and convictions)Pressure to achieve results (arrests and convictions)§§ Encourages officers to violate legal proceduresEncourages officers to violate legal procedures

–– Other studiesOther studies§§ Officer attitudes shaped by nature of police workOfficer attitudes shaped by nature of police work§§ Culture of the organizationCulture of the organization§§ Not by race, education or personal backgroundNot by race, education or personal background

Page 26: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

New Developments (1970New Developments (1970--now)now)§§ Changing police officerChanging police officer

§§ Race, gender, educationRace, gender, education

§§ Control of police discretionControl of police discretion§§ Policies and SOPPolicies and SOP§§ LawsuitsLawsuits

§§ UnionsUnions

2626

§§ UnionsUnions§§ Significant improvement in salaries and benefitsSignificant improvement in salaries and benefits

§§ Citizen Oversight / CRBs (review complaints against PD, Citizen Oversight / CRBs (review complaints against PD, make suggestions for improvement and sometimes make suggestions for improvement and sometimes enforce those suggestions)enforce those suggestions)

§§ Community policing and problemCommunity policing and problem--oriented policingoriented policing

Page 27: Police in America - San Jose State University -  § Knowledge of the development of policing ... Policing. nn. The Professional Era (1900 ... Police in America Author:

TodayToday

nn Many improvements have been made in Many improvements have been made in American PolicingAmerican Policing

nn Race still plays a central role in many Race still plays a central role in many police/citizen problemspolice/citizen problems

2727

police/citizen problemspolice/citizen problemsnn Racial ProfilingRacial Profiling