THE ROLE OF POLICE IN AMERICAN SOCIETY

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1 THE ROLE OF POLICE IN AMERICAN SOCIETY A Documentary History Edited by BRYAN VILA and CYNTHIA MORRIS Primary Documents in American History and Contemporary Issues GREENWOOD PRESS Westport, Connecticut London

2 Contents Series Foreword Preface Introduction Significant Dates in the History of the Police in America xvii xix xxiii xxxi PART I: NIGHT WATCHMEN, CONSTABLES, AND SHERIFFS: THE ROLE OF EARLY "POLICE" IN SEVENTEENTH- AND EIGHTEENTH-CENTURY AMERICA 1 Document 1: The Boston Night Watch (April 1631) 6 Document 2: The Duke of York's Laws ( ) 8 Document 3: A Bill Concerning the Choice of Constables (1684) 10 Document 4: The Constables Pocket-Book (Nicholas Boone, 1710) 11 Document 5: Benjamin Franklin on the 1737 Philadelphia Night Watch 13 Document 6: Southern Slave Patrols as a Precursor to Contemporary Police Forces (1704-circa 1861) 14 Document 7: The Regulators (1767) 17 Document 8: The Bill of Rights (1791) 19 A. The Fourth Amendment 20 B. The Fifth Amendment 20 C. The Sixth Amendment 20

3 xii Contents PART II: RANGERS, MARSHALS, AND MUNICIPAL POLICE FORCES: THE ROLE OF THE POLICE IN THE NINETEENTH CENTURY 23 Document 9: The Texas Rangers (1823- ) 28 Document 10: Metropolitan Police Act (London, 1829) 30 A. Excerpts from "An Act for Improving the Police in and Near the Metropolis" 32 B, London Times Article on the New Police 33 Document 11: The New York City Police (1845) 35 Document 12: "The Police Uniform" (1854) 37 Document 13: Allan Pinkerton and Private Policing (1867) 40 Document 14: First National Police Convention (1871) 42 Document 15: The Role of the Indian Police in the Western Territories (John P. Clum, 1875) 45 Document 16: Hopt v. Utah (1884) 47 Document 17: Recollections of a New York Chief of Police (George W. Walling, 1887) 49 Document 18: Our Police (George M. Roe, 1890) 52 Document 19: Police Matrons (1890) 54 Document 20: William S. Seavey and the National Chiefs of Police Union ( ) 57 Document 21: "Improvements in Police Work" (W. J. McKelvey, 1896) 59 Document 22: Theodore Roosevelt and the New York Police ( ) 62 Document 23: The Role of United States Marshals in the Western Territories (1898) 67 Document 24: The Nineteenth-Century Town Marshal 69 PART III: POLICE REFORM AND SOCIAL AND TECHNOLOGICAL ADVANCES IN THE EARLY TWENTIETH CENTURY 73 Document 25: Police Administration (Leonhard Felix Fuld, 1909) 80 Document 26: "The Automobile as a Police Department Adjunct" (J. H. Haager, 1909) 82 Document 27: "A History of the 'Sweat Box' and 'Third Degree' " (Richard Sylvester, 1910) 84 Document 28: Alice Stebbins Wells (1910) 87 A. Los Angeles Times Article Announcing Wells' Appointment 88 B. Good Housekeeping Magazine Article About Wells 89

4 Contents xiii Document 29: "Police Regulation of Motor Vehicles" (C. E. Sebastian, 1911) 91 Document 30: "Troubles of a Black Policeman" (1912) 93 Document 31: Weeks v. United States (1914) 95 Document 32: Policeman and Public (Arthur Woods, 1919) 97 Document 33: "The Policeman as a Social Worker" (August Vollmer, 1919) 100 Document 34: The Boston Police Strike (1919) 105 A. Governor Coolidge's Response to the Strike (1) 106 B. President Wilson's Response to the Strike 106 C. Governor Coolidge's Response to the Strike (2) 106 Document 35: American Police Systems (Raymond B. Fosdick, 1920) 107 Document 36: Race Relations and the Police in Chicago (1922) 110 Document 37: "Adding Policemen to the List of Those Who Know How to Shoot" (1923) 113 Document 38: Carroll et al. v. United States (1925) 115 A. Opinion of the Court 115 B. Dissenting Opinion 116 Document 39: J. Edgar Hoover (1925) 117 Document 40: "Radio in Police Work" (William P. Rutledge, 1929) 120 Document 41: "Our Inefficient Police" (Howard McLellan, 1929) 124 Document 42: "Municipal Police Administration" (Bruce Smith, 1929) 126 PART IV: A GROWING EMPHASIS ON POLICE TRAINING, PROFESSIONALISM, EFFICIENCY, AND ETHICS, Document 43: Uniform Crime Reporting (1930) 136 Document 44: Report on Police (Wickersham Commission, 1931) 138 A. Summary of the Report on Police Written by the Wickersham Commission 139 B. Conclusions Reached by Garrett, Monroe, and Vollmer in Their Report on Police 141 Document 45: Our Lawless Police (Ernest Jerome Hopkins, 1931) 141 Document 46: A Cop Remembers (Cornelius W. Willemse, 1933) 144 Document 47: Brown et al. v. Mississippi (1936) 146 Document 48: FBI National Police Academy (J. Edgar Hoover, 1937) 148 Document 49: "FBI Pledge for Law Enforcement Officers" (1937) 150 Document 50: Chambers et al. v. Florida (1940) 151

5 xiv Contents Document 51: Police Unions and Other Police Organizations (1944) 154 Document 52: Police Administration (O. W. Wilson, 1950) 157 Document 53: Los Angeles Police Chief William H. Parker (1954) 159 Document 54: "Law Enforcement Code of Ethics" (IACP, 1957) 163 PART V: SOCIAL CHANGE AND CONFLICTING EXPECTATIONS OF THE POLICE ROLE, Document 55: Mapp v. Ohio (1961) 168 A. Opinion of the Court 169 B. Dissenting Opinion 170 Document 56: Policewoman's Manual (Lois Lundell Higgins, 1961) 171 Document 57: The Police Role in Racial Conflicts (Juby E. Towler, 1964) 173 Document 58: Police Unionization (1965) 175 Document 59: Governor's Commission on the Los Angeles Riots (1965) 176 Document 60: Miranda v. Arizona (1966) 180 A. Opinion of the Court 181 B. Dissenting Opinion 181 Document 61: U.S. Task Force Report on the Police (1967) 182 Document 62: Terry v. Ohio (1968) 186 A. Opinion of the Court 187 B. Dissenting Opinion 188 Document 63: The Kerner Report (1968) 189 Document 64: The Omnibus Crime Control and Safe Streets Act of Document 65: Varieties of Police Behavior (James Q. Wilson, 1968) 196 Document 66: Police Power (Paul Chevigny, 1969) 200 Document 67: "The Role of the Police in Modern Society" (T. A. Fleek and T. J. Newnam, 1969) 203 Document 68: "The Capacity to Use Force as the Core of the Police Role" (Egon Bittner, 1970) 204 Document 69: The Knapp Commission Report on Police Corruption (1972) 206 Document 70: The Kansas City Preventive Patrol Experiment (George L. Kelling et al., 1974) 209 Document 71: "A Professor's 'Street Lessons' " (George L. Kirkham 1974) 212 Document 72: "Law Enforcement and Affirmative Action" (Samuel L. Williams, 1975) 216

6 Contents xv Document 73: Patrick V. Murphy (1977) 219 Document 74: The Quality of Police Education (Lawrence W. Sherman et al., 1978). 221 PART VI: REEXAMINING AND REDEFINING THE ROLE OF THE POLICE, Document 75: "Improving Policing: A Problem-Oriented Approach" (Herman Goldstein, 1979) 228 Document 76: "Always Prepared: Police Off-Duty Guns" Games J. Fyfe, 1980) 231 Document 77: The Concept of "Depolicing" (Donald Black and M. P. Baumgartner, 1980) 233 Document 78: "Broken Windows" (James Q. Wilson and George L. Kelling, 1982) 236 Document 79: "The Evolving Role of Women in American Policing" (Edith Linn and Barbara Raffel Price, 1985) 239 Document 80: Tennessee v. Garner et al. (1985) 242 A. Opinion of the Court 243 B. Dissenting Opinion 244 Document 81: Malley et al. v. Briggs (1986) 244 A. Opinion of the Court 245 B. Dissenting Opinion 247 Document 82: Private Employment of Public Police (Albert J. Reiss, Jr., 1988) 248 Document 83: "Community Policing: A Report from the Devil's Advocate" (David H. Bayley, 1988) 250 PART VII: THE ROLE OF THE POLICE IN THE 1990s 255 Document 84: The Police Mystique (Anthony V. Bouza, 1990) 256./ Document 85: Police Role Strain and Role Conflict v (A. Daniel Yarmey, 1990) 259 Document 86: The "Law Enforcement Code of Ethics" (revised version, 1991) and the "Police Code of Conduct" (1991) 262 Document 87: The Rodney King Beating and the Christopher Commission Report (1991) 266 Document 88: The Los Angeles Riot and Its Impact on Police-Community Relations (Karen Grigsby Bates, 1992) 270 Document 89: "The Cops' Code of Silence" (Bryan Vila, 1992) 272 Document 90: "The New Policing: Confronting Complexity" (Herman Goldstein, 1993) 275 Document 91: Police for the Future (David H. Bayley, 1994) 278

7 xvi Contents Document 92: "A Theory of Excessive Force and Its Control" (Carl B. Klockars, 1996) 281,-A Document 93: "Ethics and Police Integrity: Some Definitions and Questions for Study" (Stephen J. Vicchio, 1996) 284 Document 94: "The Thin Blue and Pink Line" (Lisa Shores, 1997) 286 Document 95: "A Time to Remember" (Darrell L. Sanders, 1997) 289 Glossary 293 Appendix A: Selected U.S. Supreme Court Cases 295 Appendix B: Selected Police-Related Groups, Organizations, and Web Sites 297 Select Bibliography 299 Index 313

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