Law Enforcement in the 21st Century

Chapter One
Law Enforcement in a Democratic Society Chapter outline

Introduction

Themes of the Book

The Police Function: Social Control and the Use of Force

Policing within the Rule of Law: The Challenges of Discretion

The Delicate Balance: Crime Control v. Due Process

The Levels of Law Enforcement

Municipal Agencies

County Agencies

State Agencies

Federal agencies

Department of Justice

US Marshal Service     

Federal Bureau of Investigation

Drug Enforcement Administration

Bureau of Alcohol, Tobacco and Firearms

Department of Homeland Security

Immigration and Customs Enforcement

U.S. Customs and Border Patrol

Transportation Security Administration

U.S. Secret Service

            Federal Law Enforcement Training Center

Department of the Treasury

Internal Revenue Service

US Postal Service

Tribal Agencies

LINKAGES AND LAW ENFORCEMENT: An Introduction to the Linkage Blindness Phenomenon

LINKAGES AND LAW ENFORCEMENT Coordination and Information Sharing Between Law Enforcement and the Rest of the Criminal Justice System

From Suspect to Charge: The Role of the Police

Determining Guilt: The Role of the Court

Administering Punishment and Reforming the Offender: The Role of Corrections

Chapter Summary

 

Chapter 2 Origins and Development of Law Enforcement Chapter outline

Introduction

Early Origins of Social Control

Development of Formal Policing in England

            From Tithings to Posse Comitatus

            The Formal System of Policing

LINKAGES AND LAW ENFORCEMENT: Posse Comitatus Today

Development of Formal Policing in the United States

            Early watch systems

            Slave Patrols and the Jim Crow laws

The Eras of American Policing

The Political Era (1840-1930)

The Pendleton Act of 1883

Wickersham Commission

Women and Minorities in Early Policing

Origins of the Reform Era

            Faces of Reform: Early Leaders in Law Enforcement Reform

                        August Vollmer

                        O.W. Wilson: The Protégé

                        J. Edgar Hoover: The F.B.I.

Chapter Summary

 

Chapter Three Traditional Policing and Police Professionalization



 

INTRODUCTION: The Baby and the Bath Water

The Rise of the Professional Model of Policing

Policing as a Profession

Advanced Study

Code of Ethics

Prestige

Standards of Admission

A Professional Association

A service ideal

LINKAGES AND LAW ENFORCEMENT: What Would a “Professional” Law Enforcement Agency Look Like?

Crime Control as a Focal Concern: Implication for Resource Deployment

Counting Crime: The Uniform Crime Reports (UCR)

Response Rate

Structure of the UCR

Calculating Crime Indices

Limitations of the UCR

The Dark Figure of Crime

LINKAGES AND LAW ENFORCEMENT: Incident Based Reporting and the National Incident-Based Reporting System (NIBRS)

Measuring the Effectiveness of the Traditional Model of Policing

Rising Crime Rates

Traditional Strategies

Police-Community Relations

Back to Basics — Origins of the Community Era

Chapter Summary


Chapter Four
Law Enforcement and the Law Chapter outline Introduction

Order of Authority

Constitutional Law

First Amendment

Freedom of Religion

Freedom of Peaceable Assembly

Freedom of Petition

Freedom of Speech

LINKAGES AND LAW ENFORCEMENT: Freedom of Speech, Assembly, Religion, and the War on Terror

Freedom of the Press

Second Amendment

Fourth Amendment

Fifth Amendment

Double Jeopardy

Self-incrimination

Sixth Amendment

Eighth Amendment

Bail

Cruel and Unusual Punishment

Tenth Amendment

Fourteenth Amendment

Criminal Law

Classification of Criminal Laws

Felonies

Misdemeanors

Violations

The Components of Crime

Civil Law

Mechanisms for Civil Liability and Law Enforcement

Civil Liability and Law Enforcement: Intentional versus Negligent Wrongs

Damages Awarded for Torts and Individual Officer Responsibility

Chapter Summary


Chapter Five

Search and Seizure, Arrest and Interrogation

Chapter Outline

Introduction

Search and Seizure

Stop and frisk

Exclusionary rule

Search of persons and premises

Search of motor vehicles

Pretextual stops

Systemic stops and searches

Search of public places

Arrest

Search incident to arrest

The arrest warrant

Interrogation

Miranda v. Arizona

When Miranda warnings must be read

Terrorism and the U.S. Constitution

The USA Patriot Act of 2001

The Posse Comitatus Act

Privacy and the Internet

Cyber offenses

Child pornography investigations

Legal implications of cyber crime


Chapter Six Policing Functions and Units Chapter Outline

Introduction

Goals of Policing — Order Maintenance vs. Law Enforcement

            Translating Goals into Mission Statements and Policy

Organizational Structure and Accountability

            Hierarchical Structures — Centralized Policing

            Flat Organizations — Decentralized Policing

LINKAGES AND LAW ENFORCEMENT: Implications of Cross-Agency Cooperation for Organizational Structure

Divisions and Units

Administrative Services

                        Personnel Division

                        Records

                        Research and Planning

                        Public Information

Internal Affairs — Office of Professional Standards

Special Units and Divisions

                        Undercover/Intelligence

                                    The Fine Line between Entrapment and Encouragement

                                    Unique Stressors and Dangers

Special Weapons and Tactics (S.W.A.T.) Units

The Origins of Police S.W.A.T. Teams

New Trends and Controversies

Juvenile Units

Canine (K9) Units

Chapter Summary


Chapter Seven

Patrol and Traffic

Introduction

The Realities of Patrol

Patrol officer use of time

Productivity measures

The Patrol Function

Types of Patrol

Random or Routine Patrol

Directed Patrol

            Freeing Up Resources for Directed Patrol — Differential Response

            Aggressive Patrol

            Saturation Patrol

The Effectiveness of Patrol

The Kansas City Patrol Experiment

Methods of Patrol

               Automobile

               Foot

               Bicycle

               Motorcycle

               Horse

               Water and Helicopter Patrols

Patrol Deployment

              Rotating vs. assigned shifts

               Time of day and Shift Hours

                                    Fatigue is a problem in shift work

              Allocating personnel

              Foot patrol vs. Automobile patrol assignments

                                    Balancing the patrol and reactive models — integrated patrol

Traffic Goals and Enforcement

                          Dangers of traffic stops

LINKAGES IN LAW ENFORCEMENT: Role of Patrol in Detecting Terrorist Activities

               Automated traffic enforcement

Community Policing and Patrol Deployment

              Deployment and Shift Assignments

               Balancing the proactive and reactive models — integrated patrol

Chapter Summary

 

Chapter Eight Investigation and Evidence Collection

Introduction

The Development of the Investigative Function

The Realities of Investigation

Clearance rates

Solvability factors

Discovery vs. involvement crimes

Preliminary Investigation

Patrol as first officer on the scene

The Follow-up Investigation

The Locard Exchange Principle

Primary crime scenes

Secondary crime scenes

Physical Evidence

Bodily fluids

Latent fingerprints

Ballistics

Behavioral Evidence: Signature vs. MO

Criminal profiling: induction vs. deduction

Modus operandi

Signature

Behavioral evidence — organized vs disorganized crime scenes

Technology and Investigation: reducing linkage blindness

CAD systems

AFIS

NDIS

VICAP

Investigating Terror: models of counterterrorism

Challenges of Police-Prosecutor Collaboration

Chapter Summary

 

Chapter Nine Policing Discretion and Behavior

Introduction

The Role of Discretion in Policing

Defining Police Discretion

Factors Affecting the Exercise of Officer Discretion

Offense Seriousness

Attitude of the Suspect

Characteristics, Position, and Preference of the Victim

Relationship between the Suspect and the Victim

Evidence of the Offence

The Race and Gender of the Parties to the Offence

The Importance of Police Behavior

Psychological Explanations: Pre-disposition and Police Behavior — Police Personality or Culture

Educational Explanations: Police Recruits and the effects of Police Training

Sociological Explanations: Skolnick’s “Working Personality”

Organizational Explanations: Wilson’s Three Styles of Policing

The Watchman Style

The Legalistic Style

The Service Style

Reconciling the Theories

Police Stress

Sources of Police Stress

Internal and External Organizational Stressors

Work-Related Stressors

LINKAGES AND LAW EMFORCEMENT: Post-Traumatic Stress Disorder Following Response to Stress — Law Enforcement and Other Emergency Workers

Police Suicide

The Causes of Police Suicide

Combating the Problem

Chapter Summary


Chapter Ten
Policing Multicultural Communities Introduction

Key Problems and Sources of Tension

Police Racism and Racial Profiling

LINKAGES AND LAW ENFORCEMENT: TERRORISM, RACIAL PROFILING< AND THE ARAB COMMUNITY

LINKAGES AND LAW ENFORCEMENT: POLICING IMMIGRANT COMMUNITIES

Aggressive Patrol Tactics and Minority Communities

Policing Diversity: Cultural and Linguistic Barriers to Communication

            Policing the Deaf and Hard of Hearing Community

            Policing the Mentally Ill

            Policing the Gay Lesbian Bisexual Transgendered Community (GLBT)

Under-Reporting of Crime

Under-Representation of Racial Minorities in the Police

Finding Solutions: Cultural Diversity and Policing

Cultural Diversity Training and Education

Improving the Representation of Minorities in the Police    

Conclusion

Chapter Summary


Chapter Eleven

Policing the Police

Chapter Outline

Introduction

Use of force

The force continuum

Excessive force

Excessive force v. brutality: The case of Abner Louima

Objective reasonableness: Graham v. Connor

Deadly force

The fleeing felon rule

Tennessee v. Garner

High speed pursuits as deadly force

Corruption

Grass eaters vs. meat eaters

Socialization process

Investigative Commissions: From Wickersham to Christopher

The Wickersham Commission (1931)

The Kerner Commission (1965)

The Knapp Commission (1972)

The Mollen Commission (1994)

The Christopher Commission (1992)

Recommendations from the Commissions

Models of Civilian Oversight

History of civilian oversight

Walker’s Typologies

Probelms with the complaint process: Is there a “best practice”?

Chapter Summary


Chapter Twelve

New Community Policing and Problem Solving

Introduction

What is Community?

Theoretical Underpinnings of Community Policing

            Broken Windows Theory

            Skogan’s Disorder and Decline

            Public Health Model

Community Partnership and Problem solving

Networking: Coordination — Collaboration

Community-oriented vs. Problem-oriented Policing — why differentiate?

            The SARA Model

            The crime triangle

            From prevalence to target area to hot spots

Management Implications of Community Policing

            Philosophical dimension

            Strategic dimension

            Programmatic dimension

Barriers to Implementing Community Policing

            The realities of community mobilization

            Facing organizational resistance

LINKAGES AND LAW ENFORCEMENT: The Relationship Between Causes of Crime and Strategy

Situational Crime Prevention

Chapter Summary


Chapter Thirteen

Advances in Policing - New Technologies for Crime Analysis

Chapter Outline

Introduction

The Stages of Technological Advancement in Policing

            The First Stage (1881-1945)

            The Second Stage (1946-1959)

            The Third Stage (1960-1979)

            The Fourth Stage (1980 — present)

Crime Analysis

            Strategic Crime Analysis

            Tactical Crime Analysis

Geo-mapping Crime Patterns: Moving Beyond Push Pins

            What Crime Maps Do: GIS as a Technical Aid to POP

LINKAGES IN LAW ENFORCEMENT:  GIS Applications to sex offender management

            Types of Data with Mapping Applications

            Mapping and Accountability: GIS in Action

                        The NYPD CompStat Model

            GIS and the Patrol Officer

LINKAGES IN LAW ENFORCEMENT:  GIS Applications to Community Policing

            Other Applications: Geographic Profiling

Twenty-first Century Technologies in Policing

            Surveillance Technologies

                        Closed-Circuit Television

                        Global Positioning Systems

            Biometrics

                        Facial Recognition Software

                        Fingerprint Identification Systems

            Interjurisdictional Communication Technology

                        Offender Databases

                        Cross-Jurisdictional Radio Communications

                        Electronic Warrant Processes

                        Information Security Through Encryption

            The World Wide Web and Community Policing

            Improving Accountability: Mobile Communications with Patrol

                        Mobile Digital Communications

                        Automatic Vehicle Monitoring

Chapter Summary


Chapter Fourteen New Standards for Police Recruitment Recruitment

            Bonafide Job Requirements

Education

Technology

Legal knowledge

Residency

Diversity

Selection

            Background checks

            The written test

            The interview process

            Psychological tests

            Physical agility

                        Research finding on the job performance of female officers

Affirmative Action

            Effectiveness of affirmative action

            Legal Issues

            Barriers for women and minorities in the department

Training

            Variations in academy training across the country

            What should be taught: A comparative analysis

            Length of academy

Integration of the new officer onto the force

            Developing community interaction skills

            Preventing the “Us versus Them” socialization process

Standards for Promotion

Chapter Summary