Policing in the United States

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A police officer in Nazareth, Pennsylvania in 1975
A police officer in Nazareth, Pennsylvania in 1975

Policing in the United States is one of three major components of the criminal justice system, along with courts and corrections. Although there exists an inherent interrelatedness between the different groups that make up the criminal justice system based on their crime deterrence purpose, each component operates independently from one another. Nevertheless, it should be noted that the judiciary is vested with the power to make legal determinations regarding the conduct of the other two components. Apart from maintaining order and service functions, the purpose of policing is the investigation of suspected criminal activity and the referral of the results of investigations and of suspected criminals to the courts. Law enforcement, to varying degrees at different levels of government and in different agencies, is also commonly charged with the responsibilities of deterring criminal activity and of preventing the successful commission of crimes in progress; the service and enforcement of warrants, writs and other orders of the courts; providing first response to emergencies and other threats to public safety; the protection of certain public facilities and infrastructure; the maintenance of public order; the protection of public officials; and the operation of some correctional facilities (usually at the local level).

In the United States, there are an estimated 17,784 law enforcement agencies, spread out across the federal, state, and local levels of government. Policing and law enforcement services are mainly the jurisdiction of local government, with an estimated 12,666 local police agencies and 3,070 sheriff's departments.[1] Local police include county police, metropolitan police, city, and town police departments. In addition, there are 1,376 special-purpose district police agencies, with jurisdiction over parks, schools, housing, transit, etc.[1]

Contents

[edit] History

The first local modern police department established in the United States was the Boston Police Department in 1838 (In 1631 the Town of Boston started its first "Night Watch" ), followed by the New York City Police Department in 1844. Early on, police were not respected by the community, as corruption was rampant. In the late 19th and early 20th century, there were few specialized units in police departments.[2]

The advent of the police car, two-way radio, and telephone in the early 20th century transformed policing into a reactive strategy that focused on responding to calls for service.[2] In the 1920s, led by Berkeley, California police chief, August Vollmer, police began to professionalize, adopt new technologies, and place emphasis on training.[3] With this transformation, police command and control became more centralized. O.W. Wilson, a student of Vollmer, helped reduce corruption and introduce professionalism in Wichita, Kansas, and later in the Chicago Police Department.[4] Strategies employed by O.W. Wilson included rotating officers from community to community to reduce their vulnerability to corruption, establishing of a non-partisan police board to help govern the police force, a strict merit system for promotions within the department, and an aggressive, recruiting drive with higher police salaries to attract professionally qualified officers.[5] Despite such reforms, police agencies were led by highly autocratic leaders, and there remained a lack of respect between police and minority communities. During the professionalism era of policing, law enforcement agencies concentrated on dealing with felonies and other serious crime.[6]

Following urban unrest in the 1960s, police placed more emphasis on community relations, and enacted reforms such as increased diversity in hiring. The Kansas City Preventive Patrol study in the 1970s found the reactive approach to policing to be ineffective.[7] In the 1990s, many law enforcement agencies began to adopt community policing strategies, and others adopted problem-oriented policing. In the 1990s, CompStat was developed by the New York Police Department as an information-based system for tracking and mapping crime patterns and trends, and holding police accountable for dealing with crime problems. CompStat, and other forms of information-led policing, have since been replicated in police departments across the United States and around the world.

In 1905, the Pennsylvania State Police became the first state police agency established, as recommended by Theodore Roosevelt's Anthracite Strike Commission and Governor Samuel Pennypacker.[8]. See also Coal Strike of 1902.

California municipalities were among the first to hire women as officers. The first female police officer was Alice Stebbins Wells, who was hired by the Los Angeles Police Department in 1910. The LAPD also hired the first African-American police officer, Georgia Ann Robinson, in 1916. The first female deputy sheriff, Margaret Q. Adams, was hired by the Los Angeles County Sheriff's Department in 1912.

[edit] Local policing

Local policing is usually conducted by the police departments at the county, township or municipal (city or village) level and ranges in size from one-officer agencies (sometimes still called the town marshal) to the 40,000 men and women of the New York City Police Department. Many individual cities and towns will have their own police department, with larger communities typically having larger departments with greater budgets, resources, and responsibilities. County sheriffs, county police, state police, and highway patrols enforce laws in their particular jurisdictions and are usually the only police in unincorporated areas beyond the jurisdiction of the cities. They also assist local police within their jurisdictions with investigations, can provide certain specialized services within their jurisdiction such as criminalistics laboratories or a coroner, and may operate jails. Metropolitan departments, such as the Las Vegas Metropolitan Police Department, have jurisdiction covering multiple communities and municipalities, often over a wide area typically coterminous with one or more cities or counties. Metropolitan departments have usually have been formed by a merger between local agencies, typically several local police departments and often the local sheriff's department or office, in efforts to provide greater efficiency by centralizing command and resources and to resolve jurisdictional problems, often in communities experiencing rapid population growth and urban sprawl, or in neighboring communities too small to afford individual police departments. Some county sheriff's departments, such as the Los Angeles County Sheriff's Department, are contracted to provide full police services to local cities within their counties. Special district police vary in their levels of authority. In some states, they serve as little more than security police, but in states such as California, special district forces are composed of fully-sworn peace officers with statewide authority. These include the Los Angeles School Police Department, which, with a deployment of 525 sworn and non-sworn personnel, covers 708 square miles from five police divisions and the Minneapolis Park Police Department, a much smaller unit with a deployment of 38 sworn police officers and 27 non-sworn Park Patrol agents.

[edit] Police functions

A Florida Highway Patrol state trooper at the scene of a motor vehicle accident
A Florida Highway Patrol state trooper at the scene of a motor vehicle accident

Textbooks and scholars have identified three primary police agency functions. The following is cited from The American System of Criminal Justice, by George F. Cole and Christopher E. Smith, 2004, 10th edition, Wadsworth/Thomson Learning:

  • Order maintenance. This is the broad mandate to keep the peace or otherwise prevent behaviors which might disturb others. This can deal with things ranging from a barking dog to a fist-fight. By way of description, Cole and Smith note that police are usually called-on to "handle" these situations with discretion, rather than deal with them as strict violations of law, though of course their authority to deal with these situations are based in violations of law.
  • Law enforcement. Those powers are typically used only in cases where the law has been violated and a suspect must be identified and apprehended. Most obvious instances include robbery, murder, or burglary. This is the popular notion of the main police function, but the frequency of such activity is dependent on geography and season.
  • Service. Services may include rendering first aid, providing tourist information, guiding the disoriented, or acting as educators (on topics such as preventing drug use). Cole and Smith cited one study which showed 80% of all calls for police assistance did not involve crimes, but this may not be the case in all parts of the country. Because police agencies are traditionally available year-round, 24 hours a day, citizens call upon police departments not only in times of trouble, but also when just inconvenienced. As a result, police services may include roadside auto assistance, providing referrals to other agencies, finding lost pets or property, or checking locks on vacationers' homes.

[edit] Styles of Policing

Given the broad mandates of police work, and yet having limited resources, police administrators must develop policies to prioritize and focus their activities. Some of the more controversial policies restrict, or even forbid, high-speed vehicular pursuits.

Three styles of policing develop from a jurisdiction’s socioeconomic characteristics, government organization, and choice of police administrators. According to a study by James Q. Wilson (”Varieties of Police Behavior”, 1968, 1978, Harvard University Press), there were three distinct types of policing developed in his study of eight communities. Each style emphasized different police functions, and were linked to specific characteristics of the community the department served. (Wilson’s field of study was in the United States, and it is not clear if similar studies have been done for other countries with different governmental organization and laws.)

  • Watchman. Emphasizes maintaining order, usually found in communities with a declining industrial base, and a blue-collar, mixed ethnic/racial population. This form of policing is implicitly less pro-active than other styles, and certain offenses may be “overlooked” on a variety of social, legal, and cultural grounds, as long as the public order is maintained. Smith and Cole comment the broad discretion exercised in this style of policing can result in charges of discrimination, when it appears police treatment of different groups results in the perception that some groups get better treatment than others;
  • Legalistic. Emphasizes law enforcement and professionalism. This is usually found in reform-minded cities, with mixed socioeconomic composition. Officers are expected to generate a large number of arrests and citations, and act as if there were a single community standard for conduct, rather than different standards for different groups. However, the fact that certain groups are more likely to have law enforcement contact means this strict enforcement of laws may seem overly harsh on certain groups;
  • Service. Emphasizes the service functions of police work, usually found in suburban, middle-class communities where residents demand individual treatment. Police in homogeneous communities can view their work as protecting their citizens against “outsiders”, with frequent but often-informal interventions against community members. The uniform make-up of the community means crimes are usually more obvious, and therefore less frequent, leaving police free to deal with service functions, and traffic control.

It should be noted that Wilson’s study applies to police behavior for the entire department, over time. At any given time, police officers may be acting in a watchman, service, or legalistic function by nature of what they’re doing at the time, or temperament, or mood. Individual officers may also be inclined to one style or another, regardless of supervisor or citizen demands.

[edit] Entry qualifications

Nearly all U.S. states have by law adopted minimum-standard standardized training requirements for all officers with powers of arrest within the state. Many standards apply to in-service training as well as entry-level training, particularly in the use of firearms, with periodic re-certification required. These standards often comply with standards promoted by the US Department of Justice. These standards typically require that potential police recruits:-

  • Be a United States citizen.
  • Must have a high school diploma or a G.E.D. and if necessary a college degree or served in the United States military without a dishonorable discharge;
  • Be in good physical and psychological condition;
  • Maintain a clean criminal record without either serious or repeated misdemeanor or any felony convictions;
  • Must have a valid driver's license with a clean driving record and that is not currently or has a history of being suspended or revoked;
  • Not have a history of prior narcotic or repeated marijuana use or alcoholism;
  • Not have a history of ethical, professional, motor vehicle, or financial improprieties;
  • Not have a history of domestic violence or mental illness;
  • Not to pose a safety and security risk;
  • Be legally eligible to own and carry a firearm.

Repeated interviews, written tests, medical examinations, physical fitness tests, comprehensive background investigations, fingerprinting, drug testing, a polygraph examination and consultation with a psychologist are common practices used to review the suitability of candidates. Recruiting in most departments is competitive, with more suitable and desirable candidates accepted over lesser ones, and failure to meet some minimum standards disqualifying a candidate entirely. Departments maintain records of past applicants under review, and refer to them in the case of either reapplication or requests from other agencies.

[edit] Salary

Salary varies widely for police officers, with most being among the top third of wage-earners, age 25 or older, nationwide.[9] In May 2004, the overall median was $45,000. The median salary for those at the federal level was $48,000, compared to $49,000 for those at the state level and $45,000 for those employed by local law enfrocement agencies. The top 10% earned more than $69,000 and bottom 10% less than $37,000.[10]

Rank Minimum Salary Maximum Salary
Police Chief $73,000 $93,000
Deputy Chief $61,000 $77,000
Police Captain $61,000 $75,000
Police Lieutenant $56,000 $68,000
Police Sergeant $50,000 $59,000
Police Corporal $42,000 $52,000
Reserve Officer $0.00 Appreciation

SOURCE: U.S. Department of Labor, 2004[10]

[edit] Federal police

Federal police fall into two broad categories:

Investigative agencies, for example:

Uniformed security police agencies, for example:

U.S. Park Police officers standing by during the 2005 Inauguration
U.S. Park Police officers standing by during the 2005 Inauguration

Both types operate at the highest level and are endowed with police or quasi-police roles, both may maintain a small compenent of the other (for example, the FBI Police). The investigative agencies have nationwide jurisdiction for enforcement of federal law, while the uniformed agencies have limited territorial jurisdictions. The FBI has the most general investigative powers, while the other federal agencies are highly specialized. All federal agencies are limited by the U.S. Code to investigating only matters that are explicitly within the power of the federal government. However, federal investigative powers have become very broad in practice, especially since the passage of the USA PATRIOT Act.

At a crime or disaster scene affecting large numbers of people, multiple jurisdictions, or broad geographic areas, many police agencies may be involved by mutual aid agreements. Usually the highest local agency having jurisdiction, or the highest federal law enforcement agency (if federal law was involved), will take command in such complex situations.

The federal government is prohibited from exercising general police powers due to restrictions in the constitution, due to the fact that the United States is organized as a union of sovereign states, which each retain their police, military and domestic law-making powers. For example, the State's National Guard is the state's military. The constitution gives the federal government the power to deal with foreign affairs and interstate affairs (affairs between the states). For policing, this means that if a domestic crime such as murder is committed in a state and the fugitive does not flee the state, the federal government has no jurisdiction. However, once the fugitive crosses a state line he violates the federal law of interstate flight and is subject to federal jurisdiction, at which time the FBI may become involved.

[edit] Police weapons

ASP 21" tactical baton in expandable and collapsed states.
ASP 21" tactical baton in expandable and collapsed states.

Police in the United States usually carry a handgun on duty. Many are required to be armed on-duty and off-duty. Glocks, Smith & Wessons, Sig-Sauers, and Berettas are among the most common. Until the 1980s, most US police carried revolvers, typically in .38 Special or .357 Magnum calibers, as their primary duty weapons. Since then, most have switched to semiautomatic pistols. The most common caliber of American police duty weapons in 2006 is .40 S&W. 9 mm Luger-chambered pistols are also common. .45 ACP pistols are permitted in some departments, and are commonly carried by SWAT and other specialized officers.

Police also often carry an impact weapon - a baton, also known as a nightstick. The common nightstick, usually a Monadnock PR-24 Side Handle Baton, has generally been replaced in law enforcement by expandable batons such as the Monadnock Auto-Lock Expandable Baton or ASP baton. These batons are used because the wearer can comfortably sit in a patrol vehicle with these types of batons still on their duty belt. The night stick usually has to be removed before entering the vehicle. Some police departments allow qualified officers to carry shotguns and/or semiautomatic rifles in their vehicles for additional firepower. Many departments also use less-lethal weapons like mace, pepper spray, electroshock guns, and beanbag shotgun rounds.

Most large police departments have elite SWAT units which are called in to handle situations, such as barricaded suspects, hostage situations and high-risk warrant service, that require greater force, specialized equipment, and special tactics. These units usually have submachineguns, automatic carbines or rifles, semiautomatic combat shotguns, sniper rifles, gas, smoke and flashbang grenades, and other specialized weapons and equipment at their disposal. A few departments have an armored vehicle for especially dangerous work.

Uniformed police officers are often issued body armor, typically in the form of a lightweight Level IIA, II or IIIA vest that can be worn under service shirts. SWAT teams typically wear heavier Level III or IV tactical armored vests, often with steel or ceramic trauma plates, comparable to those worn by US military personnel engaged in ground operations. Officers trained in bomb disposal wear specialized heavy protective armor designed to protect them from the effects of an explosion when working around live ordnance.

[edit] Police communications

Most American police departments are dispatched from a centralized communications center, using VHF, UHF or, more recently, digitally trunked radio transceivers mounted in their vehicles, with individual officers carrying portable handsets or ear-worn headsets for communication when away from their vehicles. American police cars are also increasingly equipped with portable computers linked by radio to a network allowing them access to state department of motor vehicles information, criminal records, and other important information.

Most police communications are now conducted within a regional pool of area 911 operators using 911 and 911 telephone taxation. A large number of police agencies have pooled their 911 tax resources for Computer Aided Dispatching (CAD) to streamline dispatching and reporting.

[edit] See also

[edit] References

  1. ^ a b Law Enforcement Statistics. Bureau of Justice Statistics (2003).
  2. ^ a b Reiss Jr, Albert J. (1992). "Police Organization in the Twentieth Century". Crime and Justice 51. 
  3. ^ "Finest of the Finest", TIME Magazine, February 18, 1966. 
  4. ^ Guide to the Orlando Winfield Wilson Papers, ca. 1928-1972. Online Archive of California. Retrieved on 2006-10-20.
  5. ^ "Chicago Chooses Criminologist to Head and Clean Up the Police", United Press International/The New York Times, February 22, 1960. 
  6. ^ Kelling, George L., Mary A. Wycoff (December 2002). Evolving Strategy of Policing: Case Studies of Strategic Change. National Institute of Justice. NCJ 198029. 
  7. ^ Kelling, George L., Tony Pate, Duane Dieckman, Charles E. Brown (1974). The Kansas City Preventive Patrol Experiment - A Summary Report. Police Foundation.
  8. ^ Mayo, Katherine (1920). Justice to All: The Story of the Pennsylvania State Police. Houghton Mifflin. 
  9. ^ U.S. Census Bureau. (June 24, 2005). PINC-03. Educational Attainment--People 25 Years Old and Over, by Total Money Earnings in 2004, Work Experience in 2004, Age, Race, Hispanic Origin, and Sex.. Retrieved on 2007-11-23.
  10. ^ a b U.S. Department of Labor. (January 16, 2007). Police and detectives: Earnings. Retrived from the U.S. Bureau of Labor Statistics: Occupational Outlook Handbook.. Retrieved on 2007-11-23.
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