Chapter Three: The Contemporary Law Enforcement Industry
Lecture Outline
I. Basic features of American law enforcement
A. Extremely large and complex enterprise
1. 18,000 federal, state and local agencies in addition to private security
2. Basic features
a. local political control: police protection rests with local governments
b. fragmented: lack of formal, centralized system
c. variety: police services provided by different government levels with different roles and responsibilities.
d. difficult to generalize about American policing
B. "Industry" perspective
1. Provides a comprehensive picture of the "producers" of police services in particular areas
2. Also provides a "consumer's" perspective on policing
C. "International" perspective
1. England with one-fourth size of the U.S. has 43 police departments
a. all agencies administered by the Home Secretary
b. central authority
2. Japan: National Police Agency-coordinates operations of 47 prefectural police
II. A definition of terms
A. What is a "law enforcement agency"?
1. General service law enforcement agencies that are regularly engaged in:
a. preventing crime
b. investigating crimes and apprehending criminals
c. maintaining order
d. providing other miscellaneous services
2. Definition excludes regulatory, investigatory, prosecutorial and correctional agencies
B. Who is a "police officer"?
1. Differences between police and peace officers
a. legal status of peace officer is defined by statute
b. peace officers are granted certain powers and legal protections not given to ordinary citizens
c. peace officers have broader power and greater protection from liability when acting "in good faith" in
carrying out an official duty
III. Size and scope of the law enforcement industry
A. The number of law enforcement agencies
1. Over 18,000 U.S. agencies, which include:
a. local police
b. sheriff's departments
c. state police
d. special police
e. federal agencies
2. Myth of 40,000 agencies: 1967 Crime Commission incorrectly reported that there were 40,000 agencies
3. Typical police department is very small
a. over half have nine or fewer sworn officers
b. the 84 largest represent less than 1% of all departments and employ about 40% of all full-time officers
B. The number of law enforcement personnel
1. In 1996:
a. 663,535 full time sworn local and state law enforcement officers
b. 74,500 federal law enforcement officers
2. 1994 Violent Crime Control Act provided funds to hire 100,000 new officers
3. From 1993 to 1997 number of sworn officers increased 12% (45,000)
C. Understanding law enforcement personnel data
1. Confusion regarding how much police protection a community receives
a. total number of employees includes clerical staff and civilians
b. number of sworn officers--employees who are legally recognized as police officers with full arrest power
2. Need to differentiate between:
a. authorized strength
b. number of sworn officers currently employed
D. Civilianization
1. Definition: process of replacing sworn officers with non-sworn personnel for certain positions
2. Often used as dispatchers, research specialists, crime data analysts, etc.
3. Reasons for civilianization
a. free sworn officers for work that requires a trained, experienced officer
b. provide needed expertise in areas such as computers, data analysis
c. less expensive than sworn officers
E. The police-population ratio
1. Standard measure for level of police protection in a community
2. Typically expressed as number of sworn officers per 1,000 population
3. 1996 national average for local agencies was 1.5 sworn officers per 1,000
4. Police-population ratios vary greatly among big cities
5. No clear relationship between police-population ratio and crime rate
F. The cost of police protection
1. Law enforcement is extremely expensive
(EX: The cost of police protection increased 300% between 1980 and 1994)
2. Law enforcement is "labor intensive"--personnel costs consume about 85 to 90% on an agency's budget
IV. Municipal police
A. Most important component of American law enforcement
1. 1996--represent 72% of all law enforcement agencies, employed 62% of all sworn officers
2. More complex role than other types of law enforcement agencies
a. cities represent most complex environments, especially in terms of population diversity
b. have heaviest responsibility for dealing with serious crime (which is disproportionately concentrated in
cities)
c. responsible for order maintenance problems and emergency services
3. The Big Six police departments (Foundation Report)\
a. include: New York, Los Angeles, Chicago, Houston, Philadelphia, Detroit
b. responsible for 7.5% of U.S. population but face 23% of all violent crime
c. employ almost 13% of all sworn officers
d. dominate thinking about the police
i. events in these cities are reported by national news media
ii. disproportionate amount of research is conducted in these departments
4. Typical municipal police department is in a small town
a. these agencies operate in different context than big city police
i. less serious crime
ii. majority of police calls are non-criminal events and minor disturbances
5. County Police
a. essentially municipal police that operate on a countywide basis
b. do not have the non-law enforcement roles of the county sheriff
(EX: Nassau County Police, Suffolk County Police)
V. County sheriff
A. Over 3,000 county sheriff's departments in the U.S.
1. Unique legal status and role
a. constitutional office
b. sheriffs are elected in all but 2 states
c. involved in partisan politics
d. historically in rural areas, most powerful politician in the county
B. The role of the sheriff-serve all 3 parts of the criminal justice system
a. law enforcement-- perform basic functions (patrol, investigation)
b. courts--serve subpoenas, provide court security
c. corrections-- some departments still maintain the county jail
C. 4 models of sheriff's departments (Lee Brown)
1. Full service model--carry out law enforcement, judicial and correctional duties
2. Law enforcement model
a. performs only law enforcement duties
b. other responsibilities assumed by separate agencies
3. Civil-judicial model--performs only court-related duties
4. Correctional-judicial model agencies--handle all responsibilities except law enforcement
VI. Other local agencies
A. Constable
1. Colonial roots
2. Office stripped of most of its functions today
B. Coroner
1. Identical to medical examiner
2. Has the responsibility to investigate crimes
C. Special district police--serve particular government agencies
(EX: transit police, housing authority police)
D. Campus police
1. Officers have general arrest powers
2. Certified by the state
3. Participate in the FBI's UCR
VII. Native American tribal police
A. Many tribes maintain their own separate criminal justice systems
1. Native American tribes are separate nations
2. Retain significant degree of legal autonomy
3. In important respects, not subject to federal or state law
B. Exact number of tribal police departments is not known
C. Bureau of Indian Affairs (BIA) historically responsible for tribal affairs
D. Number of tribal police is growing due to 1994 Tribal Self-Government Act
E. Office of Trial Justice established in 1995 to coordinate relations between tribal governments and various
federal agencies with respect to criminal justice issues
VIII. State law enforcement agencies
A. 3 categories:
1. state police: statewide power for traffic regulation and criminal investigations
2. highway patrols: statewide authority
a. enforce traffic regulations
b. arrest non-traffic violators under their jurisdiction
3. state investigative agencies (not of concern here)
B. 49 general law enforcement agencies in the U.S.
1. Agencies divided equally between state police and highway patrol
2. Hawaii is the only state without one
3. Roles and missions defined by state law, vary from state to state
4. Variation in administrative structure of agencies
C. Roles and responsibilities
1. State police have concurrent or shared responsibility for patrol with local police agencies
2. In half of the states, the state police/highway patrol have primary responsibility to enforce traffic laws on
main highways
3. Variation in state laws regarding responsibility for criminal investigation
a. general responsibility in some states
b. limited responsibility in others
4. Half provide crime lab services of local departments
5. Over 77% operate training academy; some states responsible for training recruits from local police
departments
IX. Federal law enforcement agencies
A. In 1996, an estimated 74,500 full-time federal law enforcement employees
B. No agreement about the exact size of federal law enforcement activities
1. Confusion due to the fact that many have enforcement or regulatory powers
2. Do not provide general services (protection and criminal investigation)
(EX: Immigration and Naturalization, Federal Bureau of Prisons)
C. Roles and responsibilities
1. Role of each agency is specified by federal statute
2. Federal agencies have less complex role than municipal officers
a. no order maintenance responsibilities
b. no 911 calls for service
c. do not handle "disturbance" calls
3. Role of FBI has been shaped by administrative and political factors
a. under J. Edgar Hoover
i. concentrated on investigating "subversives", apprehending bank robbers and stolen cars
ii. violated citizens' constitutional rights
b. after Hoover--emphasis on white-collar crime, organized crime, political corruption
X. The private security industry
A. Size is difficult to determine because it includes:
1. Small, private agencies
2. Part-time employees
3. Security personnel that are employed by private businesses
B. Over two million people employed in the following jobs:
1. In-house security
2. Guard and patrol services
3. Alarm services
3. Private investigators
4. Armored car services
5. Manufacturers of security equipment, locksmiths, consultants
C. Size of industry raises issues
1. Quality of security personnel
a. minimal requirements
b. in many cases, training is nonexistent
c. often a last resort for people unable to find other jobs
2. Problems in cooperation between private and public police
3. Equity problems
4. Civil liberty issues
a. Supreme Court issues apply only to public police
b. security officers do not receive adequate legal training
XI. The fragmentation issue
A. Problems
1. Lack of coordination between agencies in same geographic area
a. lack of information sharing among agencies
b. agencies may compete rather than cooperate among one another
2. Crime displacement
3. Duplication of services--many departments in one area may offer same types of services
4. Inconsistent standards--agencies in the same area may vary in their recruitment, training and salaries
B. Alternatives to fragmentation
1. Consolidation
a. consolidation of small agencies into larger ones
b. little progress in consolidation
i. autonomy issues
ii. problems merging different entrance requirements, salary schedules
2. Contracting
a. small agencies contract with larger ones for specific services
(EX: jails, police-fire communications system)
C. The fragmentation problem reconsidered
1. Fragmentation problem may not be as serious as some argue
2. Police Services Study (PSS) findings
a. informal interagency assistance is common
b. duplication of services almost nonexistent
c. small police agencies not less efficient than larger ones
i. smaller agencies had higher percentage of officers on the street, available for more direct police
services
ii. emphasis on decentralized policing under community policing may make smaller agencies preferable
to large ones
XII. Minimum standards: American style
A. In U.S. there is no federal agency that supervises or ensures standards for police agencies; some minimum
standards are required by federal and state governments
B. The role of the federal government
1. Most important standards are U.S. Supreme Court decisions such as:
a. Mapp v. Ohio (1961)
b. Miranda v. Arizona (1966)
c. Tennessee v. Garner (1985)
2. Limitations of relying on Supreme Court standards
a. most aspects of policing do not raise issues of constitutional law
(EX: length or content of police academy training)
b. enforcing Supreme Court decisions
3. U.S. Congressional laws
(EX: 1964 Civil Rights Act)
4. U.S. Department of Justice
a. uses grants to encourage changes in policing
(EX: Office of Community Oriented Police Services (COPS)
C. The role of state governments
1. Set minimum standards for police
2. Licensing and certification of all sworn officers, includes pre-service training
3. Some states can de-license or decertify officers
D. Accreditation
1. Process of professional self-regulation (similar to medicine, law, etc.)
2. Weaknesses
a. voluntary process
b. expensive
c. critics argue it adds to the bureaucracy rather than affects police
behavior
d. required written policies may not tell officers what to do in certain situations
XIII. Summary
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2002 McGraw-Hill Higher Education