Course Learning Outcomes for Unit III Upon completion of this unit, students -

Course Learning Outcomes for Unit III

Upon completion of this unit, students should be able to:

Explain the evolution of the modern-day law enforcement system.

Explain the history of policing.

Identify the purposes of policing.

Course/Unit Learning Outcomes

Learning Activity

Unit Lesson

Chapter 4

Chapter 5

Article: “Peel’s 9 Principles… Are They Still Relevant?” Unit III Assessment

2.1

Unit Lesson

Chapter 4

Chapter 5

Article: “Peel’s 9 Principles… Are They Still Relevant?” Unit III Assessment

2.2

Unit Lesson

Chapter 4

Article: “Peel’s 9 Principles… Are They Still Relevant?” Unit III Assessment

Reading Assignment

UNIT

STUDY GUIDE

Purposes and Legal Aspect

of Policing

UNIT

STUDY GUIDE

Purposes and Legal Aspect

of Policing

Chapter 4: Policing: Purpose and Organization

Chapter 5: Policing: Legal Aspects

Moore, C. (2015). Peel’s 9 principles… are they still relevant? Law Enforcement Technology, 42(7), 54.

Retrieved from https://search-proquest-

com.libraryresources.columbiasouthern.edu/docview/1708156055?accountid=33337

Unit Lesson

Introduction

Previous units have provided an introduction to the criminal justice system as well as criminal law. This unit examines the first component of the criminal justice, which is the police.

Early Policing in England

Policing has been around for centuries, and the term criminal justice has been associated with Alfred the Great, who ruled England from 871-899 (The Royal Household, n.d.). Alfred the Great, in preparing for an invasion from the Danes, provided a method where the people in his kingdom would protect each other. He organized the responsibility into levels whereby 10 families were grouped together and assumed both protection and responsibility for acts committed by the families. Those 10 families were then grouped with 100 families, and those 100 were the responsibility of a constable. Families and individuals policed other families and individuals, and, when trouble occurred, an individual was to use the hue and cry, which meant the

individual yelled for help. When the hue and cry was used, others were supposed to come and provide UNIT x STUDY GUIDE

assistance. Title

Later, Sir Robert Peel established the first English police department called the London Metropolitan Police in 1829 although he was never actually a member (The City of London Police, n.d.). Peel presented principles called Principles of Law Enforcement in 1829, which included the information listed below:

The purpose of police is to prevent crime and disorder and to act as an alternative to the repression of crime and disorder.

The ability of police to perform their duties is dependent upon the public’s approval of the existence of the police, the actions of the police, the behavior of the police, and the ability of the police to establish and maintain respect.

To establish and maintain public respect, the police should gain the cooperation of the public to voluntarily follow the law.

The cooperation between the public and the police is diminished when the police use physical force to complete their duties.

The police should establish and maintain public favor not through public opinion but through showing an impartiality to the law, through providing services to all regardless of race or social class, through courtesy, and through the offering of sacrifice in order to protect life.

Physical force should only be used by police when absolutely necessary to ensure the public follows the law or to the restoration of order. Force should be used only when persuasion, advice, and warnings are ineffective. Furthermore, the minimalist of force should be applied when necessary for the police to complete their duties.

The police and the public should maintain a relationship in which they operate collaboratively as the public are the police and the police are the public.

The police should ensure duties are completed according to the law and should not assume powers of the courts through retaliation.

The test of the efficiency of the police is the lack of crime and disorder rather than the physical presence of the police (Durham Constabulary, n.d.).

Early Policing in America

In the 17th century, the northern colonies in the United States had begun a civil law system that was similar to the English system. The sheriff was the highest law enforcement official in a county who also collected taxes and monitored elections. Unlike in current times, a sheriff was not paid by the government, but instead was paid according to the arrests made. Furthermore, the sheriff was not out patrolling the community but remained largely in the office. The town marshal was the main law enforcement official for a city and received assistance from constables and night watchmen.

In the southern U.S., many credit the slave patrols as being part of early policing in America. This form of social control was intended for rural areas to maintain the law pertaining to slavery. Slave patrols were significant in many of the early colonies as a way of maintaining and controlling slaves, to include prohibiting runaway slaves. These patrols were based on slave codes that were used by southern police departments to both support slavery and support the southern economic system, which relied heavily upon slave labor. This meant that slaves were valuable property, and those who owned slaves took great interest in ensuring that they remained with their masters. The slave codes helped to preserve the social order, which at the time meant white domination and the suppression of blacks.

Later, America would move to create formal police departments based on Robert Peel’s model. The first organized police department began in 1838 in Boston, Massachusetts (Boston Police Museum, 2007). Six officers began a police duty during the day on May 21, 1838 (Boston Police Museum, 2007). In December of 1838, the number of police increased to 13 (Boston Police Museum, 2007). Later, New York City would establish a police department in 1845, as would Philadelphia in 1854 (Library of Congress, n.d.; Elkins, 2018). Before the Civil War, other cities including Chicago, New Orleans, Cincinnati, Baltimore, and Newark would establish police departments.

While the sheriff, town marshal, and slave patrols were early examples of policing in the UNIT x STUDY GUIDENorth and South, the western frontier of the United States was a different landscape and one that was not conducive to public law Title enforcement. Instead, private law enforcement was much more effective. One such private service used by the government was the Pinkerton’s National Detective Agency, formed in the 1850’s by Allan Pinkerton (Pinkerton Consulting & Investigations Inc., 2018). Pinkerton’s National Detective Agency would often assist in securing railroad shipments and would be asked to locate and apprehend train robbers. Interestingly, the Pinkerton name is still associated with security today and provides services to include:

risk advisory services,

risk-based screening,

security risk management,

corporate investigations,

protection services,

threat response services, and

protective intelligence.

Contemporary Policing

Five Components of Policing in America Police in America is generally placed into one of three main

categories, federal, state, and

Enforcement of the law local. Examples of federal

Apprehending offenders police agencies include the

U.S. Central Intelligence

Preventing crime Agency (CIA), U.S. Defense

Preserving the peace Intelligence Agency (DIA),

Providing the community with police-related services and the U.S. Federaof Investigation (DBI). More l Bureau

agencies are listed in your textbook on page 97. One of these, the CIA, was established in 1947 with the first director being Roscoe H. Hillenkoetter (Central Intelligence Agency, n.d.). Later, by 1953, the Agency, as it was often called, was an established part of the government with contributions to political action and warfare. The Agency was able to attract credible, valuable individuals such as lawyers and academics to assist in funding, implementing, and managing intelligence operations in the United States. Known as the premier foreign intelligence agency, it has had to adapt to crimes which occur in the international landscape. The agency is sometimes called the eyes and ears of the nation as it continues its mission to collect, analyze, evaluate, and distribute foreign intelligence to assist the United States and keep it safe.

State agencies include highway patrol, fish and game enforcement, port authorities, and state police. More state agencies are provided in your textbook on page 101. Local police agencies include the city police department, sheriff’s department, housing authority, airport police, and harbor police. See more local police agencies in your textbook on page 105.

In addition to federal, state, and local police, there are also private security agencies. These agencies offer security services to private entities such as businesses and organization on a contractual basis. One such private security entity is Securitas Security Services, which includes Pinkerton Consulting and Investigations and Burns International Security Services. Securitas provides the services listed below:

critical infrastructure,

healthcare security,

security response,

oil, gas, and petrochemical, and  risk management.

Enforcing the Law UNIT x STUDY GUIDE

Title

One of the duties of the police is to enforce the law. To enforce the law, the police may need to question an suspect. The questioning of an suspect is often termed interrogation. Interrogations are very important to the police process, and one of the most important cases that set legal precedent for interrogation was a case called Miranda v. Arizona. The decision rendered in this case was actually for four cases that were consolidated into one case.

Ernesto Miranda was arrested in 1963 by the Phoenix Police Department and questioned by police in connection to a rape and kidnapping (Oyez, 2018). After a couple of hours of interrogation by officers, Miranda made a written confession. This confession was admitted into evidence during his trial even though the police admitted that they had not advised Miranda of his right to have an attorney present during the interrogation. The trial ended with the jury finding Miranda guilty. A later case, Escobedo v. Illinois (1964) would establish the right of offenders to have legal counsel present during interrogation.

Miranda appealed to the Supreme Court of Arizona, which upheld the lower court ruling. Hence, Miranda’s constitutional rights were not violated because he did not request counsel during the interrogation.

Miranda appealed to the U.S. Supreme Court, which held that Miranda’s interrogation violated the Fifth Amendment, which requires that police advise suspects of their right to remain silent and their right to request the presence of an attorney during the interrogation. The Court decided that the police must advise the suspect of his or her rights, which include:

the right to remain silent;

that any statements will be used against the suspect in court; and

that the suspect has the right to consult with a lawyer during the interrogation and if the suspect cannot afford one, then an attorney will be appointed to him or her.

If the suspect wants to waive these rights, he or she can and may make a statement. A confession that violated any of these rights could not be used at a trial.

The Miranda warnings were born. Most Americans are able to recite these from memory, and, while they may vary from department to department, they typically include the following list.

You have the right to remain silent.

Anything you say can and will be used against you in a court of law.

You have the right to talk to a lawyer and have a lawyer present while you are being questioned.

If you cannot afford a lawyer, one will be appointed to you.

If you decide to answer questions now without an attorney present, you still have the right to stop answering at any time until you talk to an attorney.

Do you understand these rights as I have explained them to you?  Are you willing to answer questions without an attorney present?

Conclusion

This unit covered police, specifically, the purpose and legal aspects. The next unit will discuss police as well. However, the focus will shift to issues and challenges of policing.

References

Boston Police Museum. (2007). A brief history of the Boston, MA police department. Retrieved from http://bostonpolicemuseum.com/history.html

Central Intelligence Agency. (n.d.). History of the CIA. Retrieved from https://www.cia.gov/about-cia/history-ofthe-cia

Durham Constabulary. (n.d.). Sir Robert Peel’s principles of law enforcement 1829UNIT. x STUDY GUIDERetrieved from

https://www.durham.police.uk/about-us/documents/peels_principles_of_law_enforcement.pdfTitle

Elkins, A. (2018). Police department (Philadelphia). Encyclopedia of Greater Philadelphia. Retrieved from http://philadelphiaencyclopedia.org/archive/police-department-philadelphia/

Library of Congress. (n.d.). New York’s finest. Retrieved from https://www.loc.gov/item/today-in-history/june-

01/

Oyez. (2018). Miranda v. Arizona. Retrieved from https://www.oyez.org/cases/1965/759

Pinkerton Consulting & Investigations. (2018). Our history. Retrieved from https://www.pinkerton.com/ourdifference/history

The City of London Police. (n.d.). British police history. Retrieved from https://www.cityoflondon.police.uk/about-us/history/Pages/British-Police-history.aspx

The Royal Household. (n.d.). Alfred ‘the great’ (r. 871-899). Retrieved from https://www.royal.uk/alfred-great-r-

871-899