Introduction to Law Enforcement and Criminal Justice

609 Pages·2008·8.571 MB·English

by  Kären M. Hess

Ninth Edition
I
NTRODUCTION TO
L E
AW NFORCEMENT AND
C J
RIMINAL USTICE
KÄREN M. HESS, Ph.D.
Normandale Community College
with contributions from Christine Hess Orthmann, M.S.
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Introduction to Law Enforcement © 2009, 2006 Wadsworth, Cengage Learning
and Criminal Justice, Ninth Edition
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Kären M. Hess
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Brief Contents
Section I: T he Evolution of Law Enforcement
and Criminal Justice 1
1 A Brief History: The Evolution of Law and Our Criminal
Justice System 3
2 The American Quest for Freedom and Justice: Our Laws 41
3 Crime in the United States—Offenders and Victims 69
Section II: Contemporary Law Enforcement 111
4 Contemporary Policing: An Overview 113
5 Patrol: The Backbone of Policing 144
6 Specialized Roles of Police 184
7 Community Policing, Partnerships and Problem-Solving
Policing 219
Section III: Challenges to the Profession 259
8 Policing within the Law 261
9 Gangs and Drugs: Threats to Our National Security 304
10 Terrorism and Homeland Security 360
11 Issues Concerning Police Conduct 396
12 Becoming a Law Enforcement Professional 436
Section IV: C ourts and Corrections: Law
Enforcement’s Partners in
the Criminal Justice System 479
13 Courts 481
14 Corrections 516
Appendixes 548
Glossary 553
iii
Contents
Preface xvi
SECTION I:
THE EVOLUTION OF LAW ENFORCEMENT
AND CRIMINAL JUSTICE 1
Chapter 1: A Brief History: The Evolution of Law and Our Criminal
Justice System 3
Introduction 4
Primitive and Ancient Law 5
Egypt 6
Greece 6
Rome 6
English Law and Law Enforcement 7
The Anglo-Saxons and the Tithing System 7
The Norman Frankpledge System 8
The Twelfth Century 8
The Magna Carta 8
The Next 500 Years 9
Henry Fielding and the Bow Street Runners 10
Peelian Reform 11
London Metropolitan Police (1829) 12
City and Borough Police Forces (1835) 12
Women Enter Law Enforcement 12
Early Law Enforcement in the United States 12
The First U.S. Police Forces 13
Slave Patrols 14
Evolution of the City Police 15
The Vigilante Movement 15
Establishment of Federal Agencies 17
The Department of Justice 17
The Department of the Treasury 20
Other Federal Law Enforcement Agencies 20
Current Organization 21
Establishment of State Agencies 21
Development of County Agencies 22
The County Sheriff 22
The County Police 22
The Coroner or Medical Examiner 23
Development of Local Agencies 23
Township and Special District Police 23
iv
Contents v
The Constable 23
The Marshal 23
Municipal Police 23
Tribal Law Enforcement 23
Overlap 24
The Three Eras of Policing 24
The Political Era (1840–1930) 24
The Reform or Professional Era (1930–1980) 29
The Community Era (1980–Present) 33
A Brief Recap of U.S. Policing 34
Summary 35
Chapter 2: The American Quest for Freedom and Justice:
Our Laws 41
Introduction 42
Types of Law 43
Social or Moral Law 43
Precedents: Common Law and Case Law 43
Statutory Law 44
Equity 44
The Declaration of Independence 45
The U.S. Constitution 46
Order of Authority of Law 46
The Bill of Rights 47
The First Amendment 47
The Second Amendment 48
The Fourth Amendment 48
The Fifth Amendment 49
The Sixth Amendment 50
The Eighth Amendment 50
The Ninth Amendment 51
The Tenth Amendment 51
The Fourteenth Amendment 51
Criminal Law 52
Proving That a Crime Has Been Committed 53
Civil Law and Torts 56
The Law Enforcement Offi cer and Civil Liability 57
Police Power 58
The Needs of Society and the Rights of the Individual 61
Confl ict Theory 61
Consensus Theory 61
Crime Control versus Due Process 62
Conservative versus Liberal Crime Control Policies 62
Law and Policy versus Discretion 63
Retributive versus Restorative Justice 64
The Criminal Justice Pendulum 65
Summary 65
Chapter 3: Crime in the United States—Offenders and Victims 69
Introduction 70
Sources of Information on Crime 71
vi Contents
The Media 71
Self-Report Surveys 72
Offi cial Sources 72
Classifi cation and Defi nitions of Major Crimes 78
Violent Crimes 78
Crimes against Property 80
Crimes Excluded from the UCR 82
Other Serious Crimes Not in the UCR 83
Offenders—What Leads People to Commit Crime? 92
Theories of Criminality and Causes of Crime 92
The Infl uence of Biology 93
The Infl uence of the Environment 93
Career Criminals or Recidivists 96
Juvenile Offenders 97
Victims of Crime and Violence 99
Types of Victims 99
Victimization Factors—Who Is at Risk? 100
Other Factors in Victimization 100
Effects of Victimization 101
Fear of Victimization 101
The “Second Wound”: Further Victimization by the Criminal Justice
System 101
Assisting Victims—Historical Overview 102
Crime Victims’ Rights 103
Should the U.S. Constitution Be Amended to Include Victims’
Rights? 104
Programs and Services for Crime Victims 105
A Parallel Justice System for Victims? 105
The Police Role 105
Police Offi cers as Victims 106
Summary 107
SECTION II
CONTEMPORARY LAW ENFORCEMENT 111

Chapter 4: Contemporary Policing: An Overview 113
Introduction 114
Why We Have Police 115
What Police Do 116
Policing and the People 117
Traditional Goals of Policing 117
Enforcing Laws 118
Preserving the Peace 119
Preventing Crime 120
Protecting Constitutional Rights 120
Providing Services 121
Contemporary Goals Resulting from Community Policing 123
Organization of the Department 123
Span of Control 123
Administrative Services 126
Contents vii
Communications 126
Records 130
Field Services 132
Patrol 132
Traffi c 132
Investigation 133
Community Service/Community Relations 133
Specialized Offi cers 133
Rural Policing 133
The Police Subculture 134
Styles of Policing 136
Stereotypes 137
The Police Image 138
Factors Infl uencing Police Image 139
The Importance of Image 140
Satisfaction with and Confi dence in the Police 141
Summary 141
Chapter 5: Patrol: The Backbone of Policing 144
Introduction 145
Patrol Offi cer Responsibilities 146
Management of Patrol Operations 146
Types of Patrol 148
General Patrol 148
Random/Preventive Patrol 148
Directed Patrol 150
Activities While on Patrol 153
First Responders 153
Calls for Service 153
Self-Initiated Tasks 154
Administrative Duties 155
A Demanding Role 155
Methods of Patrol 157
Foot Patrol 157
Automobile Patrol 158
Motorcycle Patrol 160
Bicycle Patrol 160
Segways 161
Mounted Patrol 162
Air Patrol 162
Water Patrol 163
Special-Terrain Patrol 163
Combination Patrol 163
High Visibility versus Low Visibility 164
The Traffi c Division: An Overview 165
Enforcing Traffi c Laws 165
Selective Traffi c Enforcement 165
Speeding 166
Red-Light Running 167
Traffi c Enforcement in Construction Zones 167
Use of Seat Belts 167
viii Contents
Aggressive Driving and Road Rage 168
Driving under the Infl uence of Alcohol or Drugs 168
The Traffi c Stop 171
Racial Profi ling 172
Traffi c Enforcement and the Apprehension of Criminals 175
Directing and Controlling Traffi c 176
Assisting at and Investigating Traffi c Crashes 176
Responsibilities of the Offi cer Called to a Crash Scene 176
Crash Reconstruction 177
The Traffi c Program 177
Patrol and Community Policing 178
Summary 180
Chapter 6: Specialized Roles of Police 184
Introduction 185
Investigation 186
Forensic Science 186
The Investigator 186
The Preliminary Investigation 187
The Follow-Up Investigation 189
Investigative Responsibilities 189
Crime Scene Investigation Units 200
Computer Forensics 201
Nontraditional Forensics in Investigations 202
Profi ling 203
Psychics 205
Intelligence Offi cers 205
Undercover Offi cers 205
Internal Affairs 206
Juvenile Offi cers 207
Vice Offi cers 209
Illegal and Legal Gambling 209
Prostitution and Pornography 209
SWAT Offi cers 210
K-9 Units 212
K-9 Case Law 213
Reserve Offi cers 213
Other Specialized Police Offi cers 215
The Pros and Cons of Specialization 215
Summary 215
Chapter 7: Community Policing, Partnerships and Problem-Solving
Policing 219
Introduction 220
Community Policing Defi ned 221
Historical Roots of Community Policing 221
The Importance of Community 223
Social Capital 224
Lack of Community 225
Serving and Protecting Our Increasingly Diverse Population 228
The Growing Elderly Population 229
Contents ix
The Growing Minority Population 229
The Growing Immigrant Population 230
The Growing Homeless Population 231
The Growing Number of Individuals with AIDS and Other Infectious
Diseases 232
The Growing Number of Individuals with Disabilities 232
The Widening Gap between the Rich and the Poor 232
Involving and Educating Citizens 233
Civilian Review Boards 233
Citizen Patrols 234
Citizen Police Academies 234
Ride-Along Programs 235
Partnerships 235
Partnerships with Private Security 237
School/Law Enforcement/Community Partnerships 239
Partnerships with the Media 241
Problem-Oriented Policing and Problem Solving 243
The Key Elements of Problem-Oriented Policing 245
The Crime Triangle 247
Common Mistakes in Problem Solving 248
Implementing Community Policing 249
Potential Benefi ts of Community Policing 251
Resistance to Community Policing 252
Evaluating Progress 253
Community Policing Evaluation and Crime Statistics 254
Community Policing in Action 254
Summary 255
SECTION III
CHALLENGES TO THE PROFESSION 259
Chapter 8: Policing within the Law 261
Introduction 263
Police Discretion and the Law 264
The Fourth Amendment 265
Reasonable 265
Probable Cause 266
Stop and Frisk 268
Plain View and Plain Feel/Touch 270
Roadblocks and Checkpoints 272
Field Detention 273
Lawful Searches 273
Searches Conducted with a Warrant 274
Searches Conducted without a Warrant 277
Limitations on Searches 286
Lawful Arrests 286
Elements of Criminal Arrest 287
Arrest Warrants 287
Arrests without a Warrant 288
Right to Resist Arrest 288