HISTORICAL DEVELOPMENT OF POLICE

Transcription

1 ADMINISTRATION OF JUSTICE HISTORICAL DEVELOPMENT OF POLICE I. BACKGROUND A. Historians 1. Cannot tell us the actual date that policing began B. Cave Markings 1. Indicate prehistoric man knew something about the "policing" function. 2. In every social situation (where there are two or more people present) there are three elements: Leader(s), follower(s), and rules of conduct. C. Kings and Legions D. The Word "Police" 1. Derived from the French word "policier" around 600 A.D. 2. Means "power of the people"

2 E. Modern Translation: 1. Police power - the right of the governed to do whatever is best for general welfare, e.g. traffic laws, sanitation standards, food and water quality standards, etc. II. HISTORICAL PERIODS A. England 1. Alfred the Great (871 A.D.) a. Issued set of laws protecting the average man from wrong doing and violence b. The Frank Pledge System (kin policing) (1) attempt to solve crime by making the whole community responsible for their acts (2) feudal magnates, knights, and their kin, and clergy were not subject to it (3) all persons were part of a "Tithing" (usually groups of ten families) (4) if members of the tithing committed a crime the others had to produce him or pay a penalty

3 (5) all males 10 years or up, except privileged class, was a member of a tithing (6) tithings were then grouped into a "hundred" equal to ten tithings (7) each hundred had a "constable" who enforced the law and cared for the tithings weapons (8) the hundreds were grouped into a shire - a "Reeve" was in charge and later became known as a "shire-reeve" or sheriff - each hundred appointed a "tithingman" to enforce the law and report to the shire-reeve - substitutes could be hired to act as tithing men, form of paid police. 2. William The Conqueror (1027 A.D.) a. The Norman Conquest led to a division of the people and judicial aspects of the law b. Relieved the shire-reeve of his judicial responsibilities and assigned judges, known as "vice-comb's"

4 3. King Richard I (1157 A.D.) a. Appointed specific knights to enforce the law b. Became known as "conservators of the peace"- the ancestor of the justice of the peace c. Created a new officer-the coroner (1) Could try cases 4. King Edward I (1272 A.D.) a. Created the first official police forces in the large towns of England b. "Watch and Ward" responsible for: - Protecting property against fire - Guarding town gates - Arresting those who commit offenses between sunset and daybreak - Did not work during the day, some areas used a constable 5. King Edward III (1361 A.D.) a. Creation of the Justice of the Peace (1) To supplement the shire-reeve

5 (2) Justice, originally noblemen, appointed by the sheriff in policing shires (3) Constable becomes an assistant to the justice and is responsible for: - Supervising the night watchman - Inquiring into offenses - Serving summonses and executing warrants - Taking care of prisoner Note: England had evolved from an agrarian society (subsistence farming in inland areas) to an pre-industrial society (production/trade) oriented economy located along coastal areas between 857 A.D. and the early 1800's. Tithing systems no longer were functional because of the high transiency of the population in the "urban" areas! 6. Henry Fielding's "Bow Street Runners" (1751 A.D.) a. Last innovation before the establishment of a regularly organized system of provincial police b. Fielding and his brother were among the more active and more notable magistrates. c. They established small bodies of paid fulltime police.

6 - Bow Street Runners were one of the first paid full time policing agencies - Originally known as the "Bow Street Horse and Foot Patrol" - Started as an amateur group to put down crime in London - Thieves and highwaymen were able to operate openly - Whole sections of London were occupied by the lawless element and law-abiding people were fearful of entering there. - Over one-half of every cargo sent by ship or stage was generally stolen - "Runners" were often afraid to arrest criminals because of mob violence - Basic idea was that citizen-policeman in the area could be more selective in their enforcement The very name of police was synonymous with totalitarian oppression/ like a dictatorship prior to the early 1800's.

7 7. Sir Robert Peel a. England's Home Secretary, introduced a bill (Metropolitan Police Act of 1829) which created British Metropolitan Police b. Peel accused of replacing English liberty with military rule c. Known historically as the "Father of Modern- Police" d. Peel's organizational guide lines: - Stable, efficient, military-type police organizations - Police under government control - Distribution of crime data - Police deployment by time and area - Good police "image" for public respect - Professional police demeanor - Recruitment and training of good personnel - Officers "numbered" in the interest of public security - Accessible police stations - Police hired on a probationary basis - Creation of official police records - Police effectiveness "measured" by an absence of crime e. On September 29, 1829, one thousand policemen in six divisions began operations

8 from the rear of Four Whitewall Place, entered via a yard, once owned by a Scotch King- hence "SCOTLAND YARD" f. Problems experienced by the Metropolitan Police Force: - Hard to recruit men at salaries, offered - Parliament would not appropriate funds because they feared tyranny would take place - Aristocracy disgruntled because the police failed to grant them immunity 8. Obligatory Act of 1856 a. Required every county to create a police force. This ends the significant developments in European Law Enforcement that had an influence on the later development of American Law Enforcement. B. America (1620 A.D.) 1. New England a. Dutch West India Company (Massachusetts Bay Colony) - Appointed first peace officers in 1629 known as the "Schout Fiscal" b. Boston appoints a peace officer and six assistants in 1631

9 c. New York night watchmen were known as the "Rattle Watchmen" because they carried rattles to remind people of their watchful presence - Later evolved into "constable watch" d. Constable was made responsible for the law enforcement in towns, while the Sheriff took charge of policing the counties e. Crown appointed Governors and bestowed the offices of Constable and Sheriff on large land holder popular f. After the American Revolution, Sheriffs and Constables tended to be elected by elections 2. Urbanization a. As in England the same problems occurred with police in America - Night watches proved inadequate - Area of responsibility too big - Low pay and low prestige - Lawlessness became prevalent b. Series of riots swept the country , Boston / 15,000 Irishmen involved in Labor dispute

10 - 1840, Philadelphia / riot involving black community c. Riots stimulated the cities to form police forces , Boston created a day police force to supplement the night watch , Philadelphia 24 man police force, 120 night watchmen , New York created the first UNIFIED day and night police force d. 1870's, nation's largest cities had full-time paid police forces - Gradually came under control of a Chief or Commissioner - Often appointed by the Mayor - Sometimes elected by the people e. First formal police forces in the American cities faced with many of the problems police face today f. Most of the problems were caused by political control g. Police administrative boards were created to replace mayoral control h. Most notable police advancements of the 1900's was the advent of police training schools

11 C. State Police Forces , "Texas Rangers" organized to supplement Texas military forces , First State Police force created in Pennsylvania - Initial purpose was to cope with dispute between labor and business - Inadequacy of local agencies to deal with the pursuit of law breakers, the States saw the need for agencies with Statewide authority 3. Majority of agencies established after World War I to deal with auto theft problem D. Federal Law Enforcement Agencies 1. Role of Federal Government is highly specialized a. Started in 1789, when the Revenue Cutter Service was started to help prevent smuggling b. 1836, Congress established the Postmaster- General c. 1838, Internal Revenue and Narcotics Control d. 1926, Treasury Department's Secret Service formed to protect the President, investigate alleged acts of counterfeiting and forgery

12 III. Early Modernization and Reform A. The Modern period began in the 1920's with the use of automobile patrol, call boxes, and voice radio communications 1. General police tactics experienced a greater degree of change during this period than at any other period of police development 2. As things were improving for police work in the United States, fate dealt law enforcement a new problem - Prohibition a. Prohibition was unpopular with the average citizen, and rarely enforced by the police b. The "fast buck" to be made by "bootlegging" brought about an era of gangsterism c. Mob leaders divided up sections of cities like feudal lords divided up kingdoms in the middle ages d. Police were in the middle because: (1) Prohibition made breaking the law a popular thing to do (2) It contributed to breaking down respect for police and the law

13 e. Working in a frustrating situation like this caused some normally good policeman to accept the "payoff" (1) Difficult time for those in police work who wanted to be professional 3. Apart from enforcement connected with prohibition, the police on a day-to-day basis did good police work a. Efforts of federal agents and the end of Prohibition, brought an end to the era of gangsterism B. Police agencies slowly evolved in the latter part of the l9th century 1. Control of the departments by the local politicians impeded effective law enforcement and created an atmosphere of corruption 2. In the 1850 s to curb police corruption, community leaders in many of the cities created police administrative boards with the power to oversee police agencies 3. In some cities, including New York City the police were taken over by the state legislatures a. Takeovers resulted in police departments that were funded by local budgets but under the control of state

14 legislators b. Most state legislatures at that time were controlled by rural politicians 4. The International Association of Chiefs of Police (IACP) was formed in 1902 a. Advocated a national clearing house for criminal identification b. The association became the leading voice for police reform at the turn of the century (1) They called for the creation of a civil-service police force, (2) the removal of political influence and control, and (3) the centralized organizational structure to curb the power of precinct captains 5. The first police labor union was the Fraternal Order of Police (FOP) formed in 1915 a. The FOP prohibited striking and accepted police of all ranks 6. The International Association of Policewomen was formed in Baltimore, Maryland in 1915 C. The first serious police reforms in America

15 begin in Goals were to investigate the ability of the criminal; justice system to deal with crime 2. Early police reformers appeared to share the following as common goals: a. The establishment of a civil service type system to replace the political patronage system; b. Increased job security for police supervisors; c. Centralized policing within each city or urban area; d. The implementation of standards for hiring, training, and promotion of officers

16 3. The Wickersham Commission was appointed in 1931 by President Herbert Hoover. It was officially known as the National Commission of Law Observance and Enforcement. a. Compiled a detailed analysis of the justice system and helped establish the philosophy of treatment and rehabilitation of prisoners b. Best remembered for its exposition of police brutality and corruption c. The commission issued a multi-volume report (1) Two volumes dealt directly with the police: (a) Lawlessness in Law Enforcement and "The Police" (2) The commission concluded that the average police supervisor s term of office was too short (3) His or her responsibility to political officials made the position insecure (4) The commission found a lack of effective, efficient, and honest police officers (5) There was no intensive effort to

17 educate or train officers (6) Lack of communications and necessary equipment (7) Too many varied duties were placed on individual police officers D. August Vollmer was the leading spokesperson for the professionalization of police departments during early reform period 1. He was first a town marshal and then chief of police in Berkeley, California from 1905 to He is considered the Dean of Modern Police Administration 3. His contributions to policing include: a. Early use of motorized patrols b. Advocating a centralized fingerprint system that was later established by the FBI c. Utilization of psychological screening for police applicants. d. Creation of the first juvenile unit e. Emphasized the importance of college training for police officers

18 E. The Kefauver Committee 1. After World War II, the traditional problems of corruption, graft, and bribery were still common , the U.S. Senate established the Senate Crime Committee a. Senator Estes Kefauver was the first chairman of the Committee (1) Became known as the Kefauver Committee 3. First time in history, a senate investigation was televised to the American public a. Revelations included many police departments were lead by corrupt top-level administrators b. New series of police reform efforts were made c. Concept of the "new police professional" developed 4. Image of the "new professional" resulted in a depersonalization of policing in the 1950 s a. The demand for uniformity results in downgraded individualism in the

19 desire to achieve professionalism IV. Policing and the Great Society A. Period from 1960 to 1980, policing underwent a great deal of turmoil and crisis 1. Reasons for the turmoil and crisis include: a. Supreme Court decisions emphasizing the concept of "individual rights" over "law and order"; b. the "hippie" movement; c. the unpopular Vietnam War in Southeast Asia; d. the civil rights movement; e. and the rising crime rates 2. The U.S. Supreme Court decision of Ohio v. Mapp in 1961 marked a decade of the Court scrutinizing police activities 3. The period from 1961 to 1972 has been referred to as the "criminal justice revolution" or "the due process revolution" 4. Court begins to restrict what the police could do a. The Mapp case imposed the

20 exclusionary rule on states b. Police were also told what they could and could not do in the areas of search and seizure, interrogations, and in making arrests B. The 1960 s was an active time period for the civil rights movement. 1. Riots occurred in New York, New Jersey, and the cities of Philadelphia, Los Angeles, Chicago, San Diego, Omaha, Cleveland, and Detroit a. Riots caused by the institutionalized racism that existed in most of our cities b. What precipitated the riots were often police actions such as routine traffic stops or other law enforcement confrontations c. Police were used in an attempt to restore peace (1) The police became the convenient targets of angry minority groups. d. Most police officers were not properly trained nor equipped to respond appropriately. 2. The police responded to the unrest by

21 establishing police community relations programs and adding neighborhood storefront offices to facilitate communications with citizens 3. Civil rights leaders demanded that civilian review boards be established to review complaints about police misconduct a. Such boards were established in many cities C. The 1960 s was a period of rising crime rates 1. Police departments grew in the 1960 s and early 1970 s. a. The number of sworn officers in the United States increased from 333,000 in 1960 to about 555,000 in b. In 1986, a survey concluded that almost half of the police budgets had not kept pace with inflation and that almost a third of the departments had experienced budget cuts since D. The 1980 s was a period when the task-force approach was used to combat crime problems 1. The task-forces such as: CRASH (Community Resources Against Street Hoodlums), in Los Angeles, to deal with the gang

22 related criminal homicides; and 2. DART, in Houston, to attempt to reduce street-level drug sales E. The 1980 s was also a period of technological Revolution. 1. The use of in-car computers and cellular phones. 2. Computers also permitted better inter-agency communications and basic record keeping. F. The late 1980 s was also the period of President Bush's War on Drugs 1. This war was based on two premises: a. first, drugs are a major source of police corruption b. second, the drug dealers and suppliers had almost unlimited resources V. The Present Modern Period A. Contemporary law enforcement systems in the United States 1. Presently there are over 15,000 state and local police departments in the

23 United States a. Approximately 80 percent of the agencies are local police departments b. About 20 percent are sheriff's departments c. There are only 49 state police or highway patrol agencies 2. Federal law enforcement agencies are a very small fraction of the total law enforcement industry B. The present modern period began in the 1980's 1. The key to the early modern period was the development of the police radio and its use with the patrol car 2. This present period was brought about by the phenomenal advances in the sciences a. The development of DNA sciences has revolutionized the field of criminal identification (1) The last development of this magnitude was the introduction of fingerprint identification in the late 1800's

24 b. Advancements in the field of computers has also been significant (1) Today, most large cities have computers in their patrol cars (2) The prediction of crime location is done through probability software (3) There are programs that draw accident scenes and crime scenes (4) Programs allow a person of little artistic ability to develop good sketches of criminal suspects (5) In the booking procedure, officers can photograph and record all of the important information about an arrested person by computer (6) Police Communications officers use computers to assist in assigning the right car for each assignment (7) They can also determine the location of a particular police car and show that location on a computer screen map C. During the period of 1960 to 1990, the profile of the police officer changed significantly 1. The number of sworn police officers who

25 were female increased 2. The number of racial minority group officers increased a. The number of black officers increased from 3.6 percent in 1960 to about 11 percent in 1992