Week 5: Police in the U.S. – History and Organization

1) Identify what “policing” involves2) Trace the evolution of modern

police organizations (in the U.S.)3) Summarize the organization of

policing in U.S. across different levels of government

1) What does “police” involve?• Policing involves maintaining the order of the

polis – which means “maintenance of civil order” in the community

• It refers to internal actions directed to the maintenance of civil order and law within a community

• Distinguish police from the military which deals with external actions toward outside communities

• Policing is broader than law enforcement

What does “police” refer to? (cont.)• Policing refers to the authorized use of force

to maintain order on behalf of the entire community;

this is in contrast to:• Use of unauthorized force by citizen groups

to maintain order = vigilante policing• Use of military forces by an outside power to

forcibly control an occupied population = martial law

• Use of privately funded and controlled force to maintain order = mercenary policing

What does “police” refer to? (cont.)

• Again: Distinguish policing from law enforcement

• “Policing” = very general function of order maintenance in the community or society– Includes both proactive & reactive efforts– Includes both positive & negative actions– E.g., protecting, peace-keeping, helping, maintaining order,

problem-solving, resolving conflict, preventing crime

• “Law enforcement” refers to coercive efforts to respond to apprehend and punish offenders– It is essentially reactive, coercive, and corrective

2) The History of Policing (in U.S.)• Police in the U.S. is mostly adapted from

English police systems and practices– Occasional borrowing from European practices –

e.g., French & Spanish systems

• It follows certain universal patterns in the evolution of policing (found everywhere)

• But mainly shows distinct English & American patterns that reflect the unique political history of Great Britain and the American colonies

The general evolutionary pattern = 3 stages or forms of policing1. Self-policing: informal policing by citizens2. Transitional policing: semi-organized by

semi-specialists or mercenaries3. Modern policing: centralized control of

specialized, professionalized police officers acting under authority of community or “the state”

1. Self-Policing:• informal policing by members of the community

behaving as citizens• Operation of policing in groups = Informal,

voluntary, occasional, reactive, general• May be organized by families or clans

German/Saxon wergild system• May be organized by communities English

Mutual pledge system: – tithings (tithingman) hundreds (constable)– Group must respond to “hue and cry”

• Operates through collective-collaborative action by community members

2. Transitional Policing: • Semi-organized arrangements of citizens and private agents

goes beyond simple voluntary enforcement• Mutual pledge system• Frankpledge system – royal appropriation of & control over

the mutual pledge system– Hundreds further organized into Shires (counties)– Hundreds = financially accountable for apprehending offenders– Shire led by appointed Shire-reeve (“Sheriff”) appointed by ruler

• Watch-and-Ward systems – in middle English cities• Mercenary systems – private agents paid to do policing

– Praetorian guard – retained to protect the Roman Emperor– Gendarmes – paid by fees to catch wrong-doers– Thief Takers – paid by reward for recovering stolen goods– Bow Street Runners – private security/detective agency– The “regulators” and early Texas Rangers in U.S. old West

• Paid replacements for pledge and watch members

3. Modern Policing:• Formally organized, paid policing by full-time

specialists in officially authorized agencies• Require stronger centralized governments

– Authority to make and enforcement laws– Legitimate monopoly on exercise of force– Specialized agencies carry out specific functions

• First U.S. police formed:– In large cities in response to riots & lawlessness– But also to maintain & enforce systems of

inequality ”slave patrols” in southern colonies & states

First Modern Police Force = the London Metropolitan Police

• Organized by Sir Robert Peel & authorized by Metropolitan Police Act of 1829

• Adoption was controversial and contested, but became model for later police forces

• Organized on a new model– Paramilitary organization: disciplined, professional– Proactive focus on “policing” as peace-keeping

prevention of crime through order maintenance, watchfulness, and service

– Deemphasis on force – i.e., unarmed; intended to achieve compliance through respect

Policing in the American colonies:• Generally adopted the English Pledge

system but with some modifications• Even greater emphasis on local autonomy

– Reduce coercive power of central authority– Make police officials locally accountable – e.g.,

Sheriff appointed by governor or elective– Rural areas use Sheriff + citizens– Cities use very basic night-watch systems

• Policing in colonies = weak & fragmented– Reluctance to create strong formal authority– Decentralized and locally administered

Policing in the U.S.: Historical ErasCan be divided into broad periods reflecting

social, economic, & political changes• Colonial Era (pre-1780)• Post-Colonial (Infancy) Era (1780-1840)• Expansion (Spoils) Era (1840-1900)• Progressive Era (1900-1930)• Modern Era (1930-1960)• Reform Era (1960-1980)• Contemporary Era (1980-present)

Policing in U.S.: Colonial Era (pre-1780)

• Localized, fragmented, variable, and minimal organization of police systems

• Great emphasis on local authority & voluntarism

• Opposition to strong central governments• Forms of Policing:

– Weak Sheriff-Posse system (rural areas)– Weak Constable-Watch system (cities)– Formation of Slave Patrol (southern states)

Police in Post-Colonial Era (1780-1840)

• Infancy of new nation (establishing basic structures) – continuation of colonial forms– U.S. = “ a confederation of states”– Even states’ coercive powers are limited

• Maintain localized control over police• No state or national police (ex. U.S. Marshals)• Resist stronger police organization – even

locally strong resistance to endowing central government with coercive authority

Policing in Expansion Era (1840-1900)

• U.S. grows as national power major economic, political, and social changes

• Emergence of powerful political machines• Creation of modern city police departments• Policing seen as locally controlled, corrupt,

partisan, brutal, unprofessional (“Spoils Era”)• Expansion of federal government & police• Large private police agencies: Pinkerton,

Brinks, Wells-Fargo, Railroads, Regulators, etc.

Policing in the Progressive Era (1900-1930)

• Emergence of “Progressivism” – ideology of “beneficial government” & social progress

• Police professionalism movement emerges– Removal of politics & patronage from police– Use of science and technology to improve efficiency (e.g.,

cars, fingerprints, labs, statistics)– Emphasis on education, training, & selection– Emergence of Unionism– IACP advocated national crime statistics (UCR)– August Vollmer (UC-Berkeley; Wickersham Commission)

• Stronger federal government & police• Creation of first State Police agencies

Policing in the Modern Era (1930-1960)• After the Depression ended, an era of social

stability and economic growth• Police Professionalism was extended &

institutionalized maintain the status quoNew view of Police as professional, apolitical,

crime-fighting protectors of public safetyImpact of social scienceO.W. Wilson: textbook on police administration

• Expansion of federal police (FBI) due to threat of communism, foreigners, & organized-interstate crime (also state police)

Policing in Reform Era (1960-1980)• Period of dramatic social conflicts, crises, and

changes (civil rights; Viet Nam, rise in crime)• National changes in legal landscape• Challenges to view of police as nonpartisan,

professional defenders of law and freedom • Beginning of criticism & research to test the

received wisdom about policing• National Commission on Law Enforcement• Commissions on corruption/misconduct• Experimentation and variation in policing• Increased federal funding & sponsorship

Policing in Current Era (1980-present)

• New technologies & practices to– Make police work more efficient & effective– Expose errors and misbehavior

• New organizational models & theories – Community-Oriented Policing

• Impact of globalization and terrorism – Homeland Security (Patriot Act – 2002)

• Increased federal influence through funding and training standardization & control

• Privatization expanded use of “rent-a-cops”

Forms of Policing in the Current EraThe varieties of current police agencies include:• Local – Municipal and township departments• County – Sheriff’s offices and sheriff’s police

departments (+ county constables in Texas)• State – 49 primary State law enforcement agencies• Special jurisdiction – schools, airports, etc.• Federal – 65 agencies with police powers• Private – about 2 million persons serving as private

police & security officers• International – none at present – except Interpol

Local Police (cities & towns):• 12,433 local police agencies in the U.S.

– 10,788 = municipal (city) departments – 1,612 = township or town departments– 33 = regional (combined) departments

• Most are very small: – Over half have fewer than 10 full-time officers– One-third have less than 5 full-time officers– One-eight (1,720) have 1 or less full-time officer

• A few are very large– Under 5% (83 depts) have 100 or more full-time

officers (the size you see on TV programs)

County Police Agencies:• 3,111 County-level Police Agencies (in 2000)

– 3010 County Sheriff’s Offices– 52 County Sheriff’s Police departments– 49 Unified (“unigov”) City-County Agencies

• Note the continued importance of the Sheriff in the 21st century– Major county-level police agency in most states– Elective office in all but two states– Constitutional office in most states– Has broad, diverse responsibilities and powers

State Police Agencies:• Found in all but one state (Hawaii has a “State

Sheriff’s office”)• Newest form of police agencies in U.S. (only

appeared in 1900s)• Two general types:

1) State Police: Full and broad police powers to investigate crimes & to enforce law anywhere (in about half the states)

2) Highway Patrol: focus mainly on highway traffic safety and traffic law enforcement (the other half states)

Special Jurisdiction Agencies• 1,376 police agencies with special limited

jurisdictions• About 65% of these involve educational

institutions (e.g., college campuses, public high schools)

• Also transportation facilities (e.g., airports, transit systems, railroad, shipping ports)

• Also public parks, natural resources, conservation departments, fish & game

• Also tribal police on Indian reservations

Federal Police Agencies:• Federal law enforcement mostly a 20th

century development (exc. U.S. Marshals)• Located in various agencies where special

enforcement or investigation need occurs• Federal Police agencies grew in early 1900s• Some consolidation of agencies in:

– Treasury Dept.– FBI: under J. Edgar Hoover– Homeland Security (in 2001)

• Dept. of Homeland Security = biggest change

Most important Federal Police:• Dept. of Justice

– FBI (15,214)– DEA (4,400)– US Marshals Service (3,233)– ATFE (formerly in Treasury) (2,373)

• Dept. of Homeland Security– US Customs and Border Protection (27,705)– Immigration & Customs Enforcement (ICE)

(10,399)– Secret Service (4,769)

Private Police & Security:• Estimated 2 million private security officers in US

3-4 times as many as in public police agencies A growing sector of policing

• What do these involve?1) Proprietary security – employed by company itself2) Contract Security – employed by a security firm

which contracts with employer companyBrinks; Burns; Wackenhut; Pinkerton; Wells-Fargo

3) Private Police (with limited authority petitioned from government)

–Private colleges & schools–Private companies with national security interest–Closed communities

Private Police/Security (cont):

• What are their Powers and Authority?Generically same as any citizenSome may be derived from employerMay be enhanced in some states (with

licensing)Enhanced when public police officers are

hired as 2nd job (bring police powers with them)

International Police?• Interpol = the only international policing organization– It is a cooperative, voluntary organization

─Member nations agree to contribute resources and share information

─No real arrest powers or compulsory powers– Its main function = information-sharing and

investigation– No international government or jurisdiction exists that

provides its authority (beyond what member nations voluntarily concede)

– An expanded role for Interpol in the future?