Police in america steven brandl pdf

Police Militarization

3How, if at all, does the militarization of the police help or hamper with crime prevention and community-police relationships?

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Police in America

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Police in America

Steven G. Brandl University of Wisconsin–Milwaukee

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Printed in the United States of America

Library of Congress Cataloging-in-Publication Data

Names: Brandl, Steven G. (Steven Gerard), author.

Title: Police in America / Steven G. Brandl, University of Wisconsin—Milwaukee.

Description: Thousand Oaks : Sage, [2018] | Includes bibliographical references and index.

Identifiers: LCCN 2016044463 | ISBN 9781483379135 (pbk. : alk. paper)

Subjects: LCSH: Police—United States. | Law enforcement—United States. |

Police administration—United States.

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Classification: LCC HV8139 .B736 2017 | DDC 363.20973—dc23

LC record available at https://lccn.loc.gov/2016044463

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https://lccn.loc.gov/2016044463
Brief Contents

Preface About the Author PART I. FOUNDATIONS FOR THE STUDY OF THE POLICE

Chapter 1: An Introduction to the Police in America Chapter 2: The History of the Police in America Chapter 3: The Characteristics and Structure of Police Organizations Chapter 4: The Role of the Police

PART II. POLICE WORK Chapter 5: Police Recruitment, Selection, and Training Chapter 6: Police Patrol Chapter 7: Crime Detection and Investigation Chapter 8: Police Discretion and Its Control Chapter 9: The Law of Search, Seizure, and Self-Incrimination

PART III. THE HAZARDS OF POLICE WORK Chapter 10: Health and Safety Issues in Police Work Chapter 11: Police Use of Force Chapter 12: Police Misconduct and Corruption

PART IV. POLICE STRATEGIES AND THE FUTURE OF THE POLICE IN AMERICA Chapter 13: Community and Problem-Oriented Policing Chapter 14: Evidence-Based and Intelligence-Led Policing Chapter 15: Terrorism, Technology, Accountability, and the Future of American Policing

Appendix: The Bill of Rights, United States Constitution Glossary Endnotes Index

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Detailed Contents

Preface About the Author I. Foundations for the Study of the Police

Chapter 1: An Introduction to the Police in America • Objectives • Fact or Fiction Introduction Police Spotlight: What It Takes to Be a Good Police Officer A Question to Consider 1.1: Why Such Strong Feelings about the Police? The Challenge of Policing a Free Society

Police Accountability in a Free Society A Question to Consider 1.2: Police Power and Crime Solving The Controversies and Difficulties of Policing

The Police Are Expected to Prevent and Solve Crime The Police Pay More Attention to Some Crimes, Some People, and Some Areas than Others The Police Have Other Responsibilities The Police Use Discretion in Dealing with People The Police Have Authority to Use Force When Dealing with Citizens Measuring Good Policing Is Difficult

Technology on the Job: Police Body-Worn Cameras The Media Do Not Necessarily Accurately Represent the Police

Good Policing: Higher Standards and Visibility Research Spotlight: Media, Police Misconduct, and Attitudes toward the Police Ethics and Morals in Policing

Forms of Unethical Conduct A Question of Ethics: What Police Actions Constitute Unethical Police Conduct? • Main Points • Important Terms • Questions for Discussion and Review • Fact or Fiction Answers

Chapter 2: The History of the Police in America • Objectives • Fact or Fiction Introduction: Why Study the History of the Police? Police Spotlight: Policing in the Early Days The Pre-Police Era in America

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Constables and the Watch A Question to Consider 2.1: Reflections of the Watch in Policing Today

Slave Patrols A Question to Consider 2.2: The Historical Roots of Police-Minority Conflict

The Sheriff The First American Police Departments: The Political Era of Policing

The Industrial Revolution and the Creation of Cities The Abolishment of Slavery

A Question to Consider 2.3: Reflections of the Military in Policing Today The London Metropolitan Police Department as a Role Model Diversity in the Political Era of Policing The Role of the Police during the Political Era

A Question of Ethics: Changes in Ethical Standards Criminal Investigations during the Political Era

Technology on the Job: The Police Baton Early 1900s to 1960s: The Reform Era of Policing

Reform as Anti-Politics The Creation of Federal and State Law Enforcement Agencies Detectives as the Ultimate Professionals

Good Policing: The Ideas of August Vollmer and O. W. Wilson A Question to Consider 2.4: The Underrepresentation of Racial Minorities in Policing

The Reform Era and (Lack of) Diversity in Police Departments Then the 1960s Happened

The 1970s to the Present: The Community Problem-Solving Era of Policing Community and Problem-Oriented Policing

Research Spotlight: The Conclusions of the National Academy of Sciences The Community Problem-Solving Era of Today and Beyond

• Main Points • Important Terms • Questions for Discussion and Review • Fact or Fiction Answers

Chapter 3: The Characteristics and Structure of Police Organizations • Objectives • Fact or Fiction Characteristics of Police Organizations Police Spotlight: Local Control of Police Departments and the Possibility of Unequal Policing

Police Agencies as Bureaucracies A Division of Labor A Hierarchy of Authority

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Rules Impersonal Relationships Selection and Promotion Based on Competence The Drawbacks of Bureaucracy

Police Agencies as Quasi-Military Organizations A Question of Ethics: The Quasi-Military Police and the War on Crime

Police Agencies as Monopolies Police Agencies as Street-Level Bureaucracies

The Challenges of Managing Police Organizations The Management of Discretion Street Cops versus Management Cops Constant Resource Constraints and Demand for Services

Good Policing: Positive Police-Citizen Interactions A Question to Consider 3.1: The Means and Ends of Policing

Ambiguous and Difficult-to-Achieve Goals The Structure of Police Departments Research Spotlight: Police Department Size and the Representation of Female Officers Technology on the Job: Police Department Size and Technology

The Structure of Three Police Departments of Different Sizes Major Operating Units in Police Departments

Patrol Traffic Criminal Investigation Tactical Enforcement Youth or Juvenile Bureau Communications Internal Affairs Crime Analysis

Types and Levels of Law Enforcement Agencies Local Police County Sheriff’s Departments State Law Enforcement Agencies Special Jurisdiction Law Enforcement Agencies

A Question to Consider 3.2: The Characteristics of Your Campus Police Department Federal Law Enforcement Agencies

• Main Points • Important Terms • Questions for Discussion and Review • Fact or Fiction Answers

Chapter 4: The Role of the Police

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• Objectives • Fact or Fiction Enforcing the Law Police Spotlight: Some of the Ridiculous Problems Police Are Asked to Solve

Giving Meaning to the Law Implementing the Law The Controversy of Law Enforcement Time Spent on Law Enforcement Activities

Controlling Crime The Controversy of Crime Control

A Question of Ethics: Are Police Undercover Strategies Ethical? Research Spotlight: The Value and Consequences of Pedestrian Stops by the Police

The Difficulty of Crime Control Police Lack Control over Conditions of Crime

Good Policing: The Difficulties of Measuring Crime Control and Police Effectiveness The Difficulties of Deterring Criminal Behavior

Research Spotlight: Morality, Deterrence, and Sexual Offending Dealing with Situations Where Force May Need to Be Used A Question to Consider 4.1: Does the Authority to Use Force Really Make the Police Unique? Technology on the Job: The Continuum of Force, OC Spray, and Tasers Handling Time-Pressing Situations

Balancing Law Enforcement, Order Maintenance, and Public Service • Main Points • Important Terms • Questions for Discussion and Review • Fact or Fiction Answers

II. Police Work Chapter 5: Police Recruitment, Selection, and Training

• Objectives • Fact or Fiction Police Spotlight: The Importance of Patrol Officers in Police Organizations The Relationship between the Recruitment, Selection, and Training of Police Officers

Diversity Begins with Recruitment and Selection A Question to Consider 5.1: The Value and Challenges of Diversity in Police Departments The Recruitment of Police Officers A Question to Consider 5.2: Do You Want to Be a Police Officer?

Motivations for Being a Police Officer Recruitment Strategies and Plans Job Benefits and Recruitment Efforts

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Salary Other Benefits and Policies

Job Requirements and Selection Standards The Selection of Police Officers

The Permanence of Selection Decisions Equal Employment Opportunity (EEO) Laws and Diversity Affirmative Action

A Question of Ethics: Hiring Decisions and Affirmative Action Minimum Qualifications for Police Officers

Education Criminal Record and Drug Use

Selection Procedures for Police Officers Good Policing: Characteristics of an Ideal Police Officer

Written Tests Oral Interview Background Investigation Medical Examination Physical Fitness Examination Psychological Examination Assessment Center

The Outcomes of the Recruitment and Selection of Police Officers: Diversity The Representation of Women as Police Officers The Representation of Racial Minorities as Police Officers The Representation of Gay and Lesbian Police Officers

Police Officer Training Academy Training Field Training

Research Spotlight: Identifying Good Cops Early: Predicting Recruit Performance in the Academy

In-Service Training Good Policing: Training for the De-escalation of Potentially Violent Incidents Technology on the Job: Use of Force Training Simulators • Main Points • Important Terms • Questions for Discussion and Review • Fact or Fiction Answers Exhibit 5.3 Answers

Chapter 6: Police Patrol • Objectives • Fact or Fiction

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Police Patrol and Call Priority Police Spotlight: The Reemergence of Foot Patrol A Question to Consider 6.1: The Value of Police Patrol

Allocation of Police Patrol Call Priority

Technology on the Job: Mobile Data Computers (MDCs) and Computer-Aided Dispatch (CAD) Managing Calls for Service

311 Differential Police Response (DPR)

Preventive Patrol Outcomes of Preventive Patrol

Apprehension through Fast Police Response Research Spotlight: Police Response Time and In-Progress Burglaries

Crime Reduction through Deterrence: The Kansas City Preventive Patrol Experiment Hot Spot Policing

The Kansas City Hot Spot Patrol Experiment (KCHSPE) Preventive Patrol versus Hot Spot Patrol Other Issues Associated with Hot Spot Patrol

Police Crackdowns Elements and Operation of a Crackdown

Police Stops of Citizens as a Strategy A Question of Ethics: The Ethics of “Get Tough” Tactics

Traffic Stops Stopping, Questioning, and Frisking

Good Policing: Anticipating the Unintended Consequences of Police Strategies One- and Two-Officer Squads A Question to Consider 6.2: One-Officer versus Two-Officer Squads Foot Patrol

Research on Foot Patrol Offender-Focused Strategies • Main Points • Important Terms • Questions for Discussion and Review • Fact or Fiction Answers

Chapter 7: Crime Detection and Investigation • Objectives • Fact or Fiction Criminal Investigation Defined Police Spotlight: Cold Case and DNA

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Types of Criminal Investigations Reactive Investigations Cold Case Investigations Undercover Investigations

A Question of Ethics: Deception and Miranda Rights Proof in Criminal Investigations How Are Crimes Solved? Forms and Types of Evidence in Criminal Investigations

Forms of Criminal Evidence Types of Evidence Used to Solve Crimes

Physical Evidence, Biological Evidence, and DNA Information from Witnesses and Victims

Research Spotlight: The Value of Forensic Evidence in Criminal Investigations Technology on the Job: CODIS Good Policing: Guidelines for the Proper Collection of Eyewitness Identifications

Information from Perpetrators: Interrogations and Confessions A Question to Consider 7.1: Police Deception

Crime Scene Profiling Information from the Public Confidential Informants Gang Intelligence Crime Analysis Electronic Databases and Information Networks Computers and Other Electronic Devices Social Networking and Other Internet Sites

• Main Points • Important Terms • Questions for Discussion and Review • Fact or Fiction Answers

Chapter 8: Police Discretion and Its Control • Objectives • Fact or Fiction Discretion Defined Police Spotlight: Ethics, Policy, and Discretion

Discretion about What? The Anatomy of a Decision

Potential Problems with Police Discretion The Necessity of Discretion

Factors That Influence the Discretion of Police Officers Officer Characteristics

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Race and Other Suspect Characteristics Research Spotlight: The Effects of Higher Education on Police Behavior A Question to Consider 8.1: Police Behavior and Higher Education

Victim Characteristics Offense Characteristics Neighborhood Characteristics Organizational Culture Training, Supervision, and Standard Operating Procedures (SOPs) Legal Factors Community and Political Factors

How Is Police Discretion Best Controlled? Organizational Rules and Standard Operating Procedures Enhancing Professional Judgment through the Selection of Officers

Good Policing: The Importance of Passion and Perspective for Police Officers A Question to Consider 8.2: Personal Qualities of Police Officers

Police Department Transparency Technology on the Job: Police Body-Worn Cameras

Cultural Values and Ethical Standards of Conduct A Question of Ethics: Law Enforcement Code of Ethics A Question of Ethics: A Difficult Ethical Situation • Main Points • Important Terms • Questions for Discussion and Review • Fact or Fiction Answers

Chapter 9: The Law of Search, Seizure, and Self-Incrimination • Objectives • Fact or Fiction Police Spotlight: Arizona v. Gant (2009) Basic Legal Terminology and Concepts

Standards of Proof and Probable Cause Arrest, Custody, Stops, and Encounters Arrest Warrant Search Search Warrant Chain of Custody

The Law of Search and Seizure: The Fourth Amendment Technology on the Job: GPS and United States v. Jones (2013)

Reasonable Expectation of Privacy A Question to Consider 9.1: The Value of Privacy

The Search Warrant and Its Exceptions

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Exigent Circumstances Vehicle Exception Hot-Pursuit Exception Other Places and Things Exception Search Incident to Arrest Exception Stop and Frisk Exception Plain View Exception Consent Search Exception

Good Policing: Legal Knock and Talk Searches The Exclusionary Rule

The Impact of the Exclusionary Rule A Question of Ethics: Necessary Means to Achieve the Desired Ends? The Law of Self-Incrimination: The Fifth and Sixth Amendments

The Content and Waiver of Miranda Warnings The Meaning of an Interrogation and Custody The Implications of Silence Exceptions to the Miranda Warnings The Impact of Miranda v. Arizona on Suspect Confessions

Research Spotlight: Why People Waive Their Miranda Rights: The Power of Innocence • Main Points • Important Terms • Questions for Discussion and Review • Fact or Fiction Answers

III. The Hazards of Police Work Chapter 10: Health and Safety Issues in Police Work

• Objectives • Fact or Fiction Police Spotlight: Combatting Post-Traumatic Stress in the Tampa Police Department What Is Stress?

How Is Stress Measured? The Causes of Police Stress

Workplace Problems Shift Work

Good Policing: Managing Shift Work The Effects of Stress A Question of Ethics: Nap Time?

Suicide Burnout Post-Traumatic Stress Disorder (PTSD)

Research Spotlight: Job-Related Burnout among Civilian and Sworn Police Personnel

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Early Death What Can Mediate the Effects of Stress?

Physical Hazards of Police Work Deaths on the Job: Accidents and Homicides

A Question to Consider 10.1: Stress, Counseling, and the Police Culture Injuries on the Job: Accidents and Assaults

So Is Police Work Dangerous? Risks of Police Work

Arresting Suspects and Using Force Technology on the Job: Police Body Armor

Foot Pursuits Vehicle Accidents and Vehicle Pursuits

• Main Points • Important Terms • Questions for Discussion and Review • Fact or Fiction Answers

Chapter 11: Police Use of Force • Objectives • Fact or Fiction Police Spotlight: Making Use of Force Incidents Transparent Reasonable Force and Use of Force Guidelines

Variations and Limitations of the Continuum of Force The Twenty-One-Foot Rule and Its Limitations

Deviations in Use of Force: Unnecessary Force versus Brutality Types of Force A Question to Consider 11.1: Unnecessary Force versus Brutality

Bodily Force Deadly Force

A Question of Ethics: The Value of Police Restraint in Deadly Force Situations Suicide by Cop Force Less Likely to Be Lethal

Research Spotlight: The Frequency and Characteristics of Suicide by Cop Incidents Oleoresin Capsicum (OC) Spray

Technology on the Job: Police Robots Tasers

Patterns in Police Use of Force: Causes and Control Good Policing: Early Intervention Systems

Officer Characteristics and Use of Force Officer Assignment, Arrests, and Use of Force Police Culture

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The Control of Police Use of Force • Main Points • Important Terms • Questions for Discussion and Review • Fact or Fiction Answers

Chapter 12: Police Misconduct and Corruption • Objectives • Fact or Fiction The Importance of Understanding Police Misconduct and Corruption Police Spotlight: Denver’s Citizen/Police Complaint Mediation Program

Police Corruption A Question of Ethics: Corruption in the Form of Free Coffee?

Police Misconduct Police Integrity

The Nature and Extent of Police Misconduct and Corruption Self-Report Surveys

A Question of Ethics: How Wrong Are These Police Actions? Citizen Complaints Lawsuits against the Police Media Reports Decertification Statistics

Causes of Police Misconduct and Corruption Job and Organizational Characteristics

Power, Authority, and Discretion Low-Visibility Work Environment The Code of Silence and the Police Culture

The Control of Police Misconduct and Corruption Controlling Police Discretion and Authority Cracking the Code of Silence

A Question to Consider 12.1: Have You Ever Reported the Misconduct of Another Student?

Rules and Policies Good Policing: The Importance of Police Honesty

A Proper Citizen Complaint Process Proper Investigations of Misconduct Ethics Training Decertification of Officers and the National Decertification Index Early Intervention Systems

Technology on the Job: GPS, Tracking Police Vehicles, and Preventing Misconduct Research Spotlight: Americans’ Perceptions of Police Honesty and Ethics

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• Main Points • Important Terms • Questions for Discussion and Review • Fact or Fiction Answers

IV. Police Strategies and the Future of the Police in America Chapter 13: Community and Problem-Oriented Policing

• Objectives • Fact or Fiction The Rise of Community Policing Police Spotlight: Problem-Oriented Policing in Chula Vista A Question to Consider 13.1: Problem-Solving Efforts in Chula Vista

Improve the Racial Composition of Police Departments Community Relations Bureaus Team Policing Community Policing and Problem-Oriented Policing

Research Spotlight: Reassessing the Impact of Race on Citizens’ Attitudes toward the Police Community Policing: The Details

Technology on the Job: Facebook, Twitter, and the Internet A Question to Consider 13.2: How Should Police Departments Use Social Networking Sites Most Effectively?

A Theory of Community Policing: Broken Windows The Relationship between Disorder, Crime, and the Police The Relationship between Crime, the Fear of Crime, and the Police The Relationship between Citizens’ Attitudes toward the Police and Other Outcomes

Can the Police Affect Citizens’ Attitudes toward the Police? A Question of Ethics: How Involved Should the Police Be in Citizens’ Lives?

Do Attitudes toward the Police Affect Coproduction? Do Attitudes toward the Police Affect Law-Abiding Behaviors?

A Question to Consider 13.3: Why Obey the Law? Overall Effectiveness of Community Policing

Good Policing: Verbal Judo and Procedural Justice Problem-Oriented Policing: The Details

The SARA Model of Problem Solving Overall Effectiveness of Problem-Oriented Policing

• Main Points • Important Terms • Questions for Discussion and Review • Fact or Fiction Answers

Chapter 14: Evidence-Based and Intelligence-Led Policing • Objectives

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• Fact or Fiction Smart Policing Police Spotlight: Smart Policing in the Reno Police Department A Question to Consider 14.1: Is Smart Policing New? Good Policing: Smart Policing and Convenience Store Crime Data-Driven and Evidence-Based Policing

Other Bases for Policy Decisions Should Policy Decisions Be Based on Research Findings?

COMPSTAT Predictive Policing

Crime Analysis Geospatial Crime Analytics

Research Spotlight: Alcohol Outlets and Crime A Question of Ethics: Balancing the Right to Know with the Right to Privacy

The Impact of Geospatial Crime Analysis Intelligence-Led Policing

Limitations of Intelligence-Led Policing Technology on the Job: National Crime Information Center • Main Points • Important Terms • Questions for Discussion and Review • Fact or Fiction Answers

Chapter 15: Terrorism, Technology, Accountability, and the Future of American Policing • Objectives • Fact or Fiction History as a Guide to the Future

Crisis and Change in Police History Police Spotlight: The Significance of September 11 for Law Enforcement New Demands on the Police A Question of Ethics: Information at What Cost?

Definitions and Variations of Terrorism Research Spotlight: Terrorists’ Tools and Targets

Terrorism Technology Accountability

A Question to Consider 15.1: Police and Progress The New Police

Militarization Good Policing: Militarization of Policing in Balance The New Technology of Crime Detection and Accountability

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The Technology of Accountability The Technology of Identification

A Question to Consider 15.2: What’s So Great about Privacy? The Technology of “Seeing” Technologies for Computer and Internet Applications Technologies for Information Management and Access The Implications of Technology

• Main Points • Important Terms • Questions for Discussion and Review • Fact or Fiction Answers

Appendix: The Bill of Rights, United States Constitution Glossary Endnotes Index

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Preface

Police in America provides a realistic assessment of policing in the United States. Policing is inherently controversial, and police work is extraordinarily challenging. There are higher expectations, greater scrutiny, and more calls for accountability of the police in the twenty-first century than ever before. In this environment it is critically important that students have a well-developed understanding of the complex role of police in our society, an appreciation of the challenges of policing, and an ability to differentiate fact from fiction in matters relating to the police. Police in America provides this understanding.

If an accurate understanding of the police in America is the goal, then a discussion of the research that has been conducted on policing is a primary means to reaching that goal. Research findings can identify and dispel the many myths, misconceptions, and false assumptions of policing. Research also can also help identify best practices in policing. An emphasis on research is also especially important given the current trends toward evidence-based policing. Police in America emphasizes police research. This emphasis does not mean that the text is complicated or difficult to read, however. In fact, the opposite is true: The text is easy to read and accessible to students. It is written in a straightforward and conversational manner.

Police in America emphasizes positive aspects of policing but does so without sugar-coating the controversies of police work. The media tend to focus on negative incidents by highlighting the bad or questionable conduct of a few officers. Although there are certainly lessons to be learned from such incidents, these images and stories can provide an inaccurate overall picture of the police. The reality is that exemplary police work is being performed by police officers and law enforcement agencies throughout the country. Police in America highlights some of this work.

Police in America also examines several other themes, including the following:

Ethical Policing: Because of the nature of the work and how the decisions of officers may affect citizens and the community, it is essential that students consider what constitutes not only a legally good decision but also a morally good one. Critical Thinking: Students should be able to think critically about the complex problems and issues involved with policing. The Impact of Technology: The technological tools of policing have changed dramatically over the years, and it is important to understand how technology has fundamentally altered the nature of the police job. Diversity: To understand policing today, one must appreciate the modern-day and historical roles of race and diversity. Some of the most challenging issues of policing today are at least partly based on race.

The contributions of police research, positive aspects of policing, ethics, critical thinking, the role of technology in police work, and diversity issues are emphasized throughout Police in America. The text offers several features in each chapter to help establish an accurate understanding of the police in America:

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Police Spotlight: These features introduce each chapter and discuss a particular police policy, program, or other issue that relates to the topic of that chapter. Research Spotlight: These features highlight a particularly interesting and significant research study relevant to the topic of each chapter. Good Policing: Each of these features includes an example of a police program, policy, or issue that relates to effective, efficient, equitable, or ethical policing. A Question of Ethics: The questions presented in these features relate to the topic of the chapter and require students to think critically about that particular moral or ethical issue. A Question to Consider: Each of these features offers a question related to the topic at hand for students to consider, answer, and/or discuss. Technology on the Job: These features highlight and examine a particular technology used by the police while on the job.

With regard to the unique content of Police in America and the issues discussed in the book, especially noteworthy are the separate chapters on police discretion and ethics (Chapter 8), the law (Chapter 9), health and safety issues in police work (Chapter 10), police use of force (Chapter 11), crime detection and investigation (Chapter 7), and intelligence-led and evidence-based policing (Chapter 14). Each of these chapters is extremely important in developing a solid understanding of the police in America, and it is through their inclusion, along with comprehensive and timely coverage of other critical topics, that Police in America clearly differentiates itself from other texts.

With regard to the overall content and organization of the text, the first four chapters provide a foundation for the study of the police (the history of the police, role and function of the police, characteristics of police organizations). The second section of the book includes five chapters that examine the nature of police work (police recruitment, selection, and training; police patrol, criminal investigation, discretion and ethics, and the law). The third section is devoted to the hazards of police work and provides a discussion of health and safety issues, police use of force, and police misconduct. The last section includes three chapters on the most recent strategies of policing (problem-oriented policing, evidence-based policing) as well as a discussion of the future of policing.

Police in America provides students with a substantial understanding of the role and function of police in the United States.

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Acknowledgments

Many people helped make this book a reality, and I am very appreciative for each of them. It started in 2010 when Professor Gary Cordner of Kutztown University had a brief conversation with Jerry Westby, the publisher at SAGE. One thing led to another, which led to another, and now you are reading this book. Thanks, Gary, for your support. A huge thank you is also in order for Jerry Westby. Jerry, who is now enjoying retirement, is beyond compare. Without his good decisions, encouragement, and enthusiasm, this book would not have been written. I would also like to thank the entire SAGE team, especially Jessica Miller, who kept me on track and made outstanding recommendations for the book; Laura Kirkhuff, eLearning editor; Amy Lammers, marketing manager; Veronica Stapleton Hooper, production editor; and Shannon Kelly, copy editor.

Many law enforcement professionals assisted me either directly or indirectly with this book. I would especially like to acknowledge the assistance of Chief of Police Edward Flynn, Assistant Chief James Harpole, and Inspector Jutiki Jackson of the Milwaukee Police Department; Director MaryNell Regan of the City of Milwaukee Fire and Police Commission; Chief of Police Thomas Czarnyszka and Crime Prevention Officer Joel Dhein of the Glendale (Wisconsin) Police Department; Chief of Police Kenneth Meuler of the West Bend (Wisconsin) Police Department; and Chief of Police Peter Nimmer of the Shorewood (Wisconsin) Police Department.

Thank you to Professor Meghan Stroshine of Marquette University, Professor Robert Worden at the University at Albany, and Professor James Frank at the University of Cincinnati. Good friends, excellent colleagues, and outstanding scholars.

I would also like to thank University of Wisconsin–Milwaukee graduate students Dominick Ratkowski and Matt Richie, who assisted greatly with Police in America.

Many reviewers of earlier drafts of the book also deserve acknowledgment for improving the final product.

Emmanuel N. Amadi, Mississippi Valley State University

James W. Beeks, University of Phoenix–Atlanta

Lt. Allen Branson, Ph.D., Philadelphia Police Academy

Timothy Fulk, Indiana University Kokomo

John Hamilton, Park University

Richard N. Holden, University of North Texas at Dallas

Coy Johnston, Arizona State University

Brian Kelley, Kent State University

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William Kelly, Auburn University

Tristin M. Kilgallon, Ohio Northern University

Todd Lough, Western Illinois University

Marcos L. Misis, Northern Kentucky University

Thomas S. Mosley, University of Maryland Eastern Shore

Clint Osowski, Texas A&M International University

Michael D. Paquette, Middlesex County College

Jason Paynich, Quincy College

Michael S. Penrod, Kirkwood Community College

Elizabeth Perkins, Morehead State University

Michael Pittaro, Ph.D., American Military University

Scott Pray, Muskingum University

Melinda Roberts, University of Southern Indiana

Rafael Rojas Jr., Southern New Hampshire University

Steven Ruffatto, Harrisburg Area Community College

Kenneth Ryan, California State University, Fresno

Shawn Schwaner, Miami Dade College

Jeff Schwartz, Rowan University

Rupendra Simlot, Ph.D., Stockton University

Carol L. S. Trent, University of Pittsburgh

Finally, on a personal note, I gratefully acknowledge Katy, David, and Laurie. If I listed all the reasons why I appreciate each of you, this would need to be a much longer book. Thank you for your love and support.

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Digital Resources

SAGE edge offers a robust online environment you can access anytime, anywhere, and features an impressive array of free tools and resources to keep you on the cutting edge of your learning experience.

SAGE edge for Students provides a personalized approach to help you accomplish your coursework goals in an easy-to-use learning environment.

Mobile-friendly eFlashcards strengthen your understanding of key terms and concepts Mobile-friendly practice quizzes allow you to independently assess your mastery of course material A complete online action plan includes tips and feedback on your progress and allows you to individualize your learning experience Learning objectives reinforce the most important material EXCLUSIVE! Access to full-text SAGE journal articles that have been carefully chosen to support and expand on the concepts presented in each chapter Multimedia content includes original SAGE videos that appeal to students with different learning styles

SAGE edge for Instructors supports your teaching by making it easy to integrate quality

content and create a rich learning environment for students.

Test banks provide a diverse range of pre-written options as well as the opportunity to edit any question and/or insert your own personalized questions to effectively assess students’ progress and understanding Editable, chapter-specific PowerPoint® slides offer complete flexibility for creating a multimedia presentation for your course. EXCLUSIVE! Access to full-text SAGE journal articles that have been carefully selected to support and expand on the concepts presented in each chapter Multimedia content includes original SAGE videos that appeal to students with different learning styles Lecture notes summarize key concepts by chapter to help you prepare for lectures and class discussions

Videos: Links are provided to videos that correlate to the chapter content and increase student understanding.

Career videos: Available only in the Interactive eBook, interviews with criminal justice professionals discussing their day-to-day work and current issues related to technology, diversity, and cutting-edge developments in their field are available.

SAGE news clips: Available only in the Interactive eBook, these curated Associated Press news clips showcase real life examples to reinforce concepts.

Journal articles: Articles from highly ranked SAGE journals such as Crime and Delinquency, Theoretical Criminology, Criminal Justice

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Review, and more can be accessed.

Audio Links: Links are provided to audio clips that enhance student comprehension of chapter content.

Web Links: Links are provided to relevant websites that further explore chapter-related topics.

Access SAGE premium video through the Interactive eBook! Learn more at edge.sagepub.com/brandl/access

In the electronic edition of the book you have purchased, there are several icons that reference links (videos, journal articles) to additional content. Though the electronic edition links are not live, all content referenced may be accessed at http://edge.sagepub.com/brandl . This URL is referenced at several points throughout your electronic edition.

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About the Author

Steven G. Brandl (Ph.D., Michigan State University, 1991) is a professor in the Department of Criminal Justice at the University of Wisconsin–Milwaukee. Professor Brandl worked in local and federal law enforcement prior to obtaining his Ph.D. At UW-Milwaukee, he teaches undergraduate and graduate courses, including Introduction to Policing, Criminal Investigation, and Issues in Police Practice and Policy, among others. His research interests include police use of force, criminal investigation, and health and safety issues in police work. Professor Brandl has conducted numerous research studies and consulted with the Milwaukee Police Department, other major police departments, and other state and local agencies on law enforcement issues. In addition to this textbook, he is the author of Criminal Investigation (SAGE) and many articles in professional journals. He is co-editor of The Police in America: Classic and Contemporary Readings and Voices from the Field: Readings in Criminal Justice Research. He is also a frequent presenter at national professional conferences.

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Part I Foundations for the Study of the Police

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©iStockphoto.com/JimSchemel

Chapter 1: An Introduction to the Police in America 2 Chapter 2: The History of the Police in America 18 Chapter 3: The Characteristics and Structure of Police Organizations 38 Chapter 4: The Role of the Police 68

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1 An Introduction to the Police in America

© iStockphoto.com/kali9

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Objectives After reading this chapter you will be able to:

Explain the challenges associated with policing a free society Discuss the tension between citizens’ rights and police power Explain how our system of democracy is supposed to make police accountable to citizens Identify and discuss the controversies and difficulties of policing Discuss how police use of discretion and police use of force can make the police controversial Discuss the two main reasons why the ethical conduct of the police is of concern

Fact or Fiction

To assess your knowledge of the police prior to reading this chapter, identify each of the following statements as fact or fiction. (See page 17 at the end of this chapter for answers.)

1. The best source of knowledge about the police is your previous interactions with them. 2. There is a trade-off between citizens’ rights and police power. If there is more of one, there is less of another. 3. As long as the police avoid overpolicing, they will not be subject to criticism. 4. The use of deadly force is often considered the ultimate discretionary decision made by police officers. 5. Defining good policing is not difficult; it is simply the number of arrests made, the number of crimes solved, and the number

of citizen complaints received. 6. The media tend to focus on bad police officer behavior. 7. As long as the police pursue reasonable and legitimate goals, the means used to achieve them are not a major issue.

The aim of this chapter is to introduce the fundamental purposes of and controversies involving the police and to discuss how police officers are constantly dealing with ethical and moral issues in their work.

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Introduction

When you think of the police you most likely envision officers who work in local police agencies, such as the police in your city or county police departments. Officers who work in these agencies are the police you are most likely to see and with whom you are most likely to interact. However, there are many other law enforcement agencies, including state and federal law enforcement agencies. The focus of this book is on general service police agencies that have responsibility for crime prevention and investigation, order maintenance through patrol and other means, and the provision of other miscellaneous services. Although state and federal investigative agencies have an absolutely critical role in law enforcement efforts, in this book limited attention is paid to the unique and specific issues associated with the operation of these organizations.

Prior to officially becoming a member of a police force, officers take a sworn oath to support the laws of the United States, their state, and their community. This is the basis for the frequent reference in this book to sworn officers in contrast to civilians who also work in police departments. Sworn officers have the authority to make arrests and to legitimately use force. As discussed throughout this book, when all the layers of complexity are stripped away, the bottom line is that it is these two fundamental powers of the police—the authority to make arrests and to use force—that can make the police controversial. Some of this controversy is reflected in the strong and varied views of citizens about the police. Some people see the police as a problem; some see the police as the solution. Some people see the police as friend; some see the police as foe. The

police are, as explained decades ago by sociologist Arthur Niederhoffer, a Rorschach test in uniform.2 Our views toward the police are shaped by our experiences with them, by other people’s experiences that we see or

hear about, by social and mainstream media, and by the news.3 Different people with different experiences are likely to have different feelings and thoughts about the police. And everyone has had some sort of experience with the police.

Photos 1.1 and 1.2 As with a Rorschach ink blot test, people are likely to view the police in different ways.

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©iStockphoto.com/Александр Ковальчук

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©iStockphoto.com/Avid Creative, Inc.

Police Spotlight: What It Takes to Be a Good Police Officer

“Policing a democracy is not an easy task. It’s difficult and messy. Yet police in a democracy must always operate within the rule of law. They must always apply our shared values to the difficult daily tasks of resolving conflict, protecting unpopular people and causes, and always acting fair and respectful to those who at the time are not conducting themselves properly—those who are intoxicated, affected by other drugs, surly, disrespectful, and even violent. That’s what police in a Bill of Rights do. And those who wish not to do that should not be our police.

So who can perform such a difficult task? I have said this before and I will say it again—only those who are the best of us, only those who are well-educated and well-trained, and only those who know about and can put into practice our closely-held and

core values of freedom, individual rights, rule of law, fairness, and equality.”1

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—David C. Couper, former Madison (WI) police chief

When it comes to understanding and evaluating the police, we may be tempted to rely on our own existing

beliefs and previous experiences with officers, the experiences that others have had,4 and perhaps media representation of the police. For example, if you were stopped by the police for speeding and the officer treated you rudely, you might think that police officers are unprofessional, or worse. If you called the police because you locked your keys in your car and the officer was courteous and friendly when working to open your door, you might conclude that police officers are respectful and considerate. However, it is important to understand that personal experience is not always a good source of knowledge. In other words, just because you experienced something or perceived an encounter in a certain way does not necessarily mean that your experience is representative of all such encounters. There are at least three reasons for this.

A Question to Consider 1.1: Why Such Strong Feelings about the Police?

Citizens tend to have strong opinions about the police. Why don’t people have similarly strong opinions about other public service workers, such as firefighters, garbage collectors, or even teachers?

First, personal experiences are limited: It is hazardous to draw conclusions about police officers, police departments, and police work based on just a few contacts with a limited number of officers in a couple of agencies. As an analogy, if you have had a bad professor for one class, it does not make all professors bad, and your experience certainly does not make your university a bad one.

Second, negative information (about the police or anything else) is usually perceived as more significant and is more memorable than positive information. As evidence, people are much more likely to file complaints about the police than they are to offer compliments of them. In fact, police departments have procedures and forms for filing complaints against officers but usually do not have a system for filing compliments. The news media

are also more likely to report stories of bad policing than good policing.5 So even though people may be more likely to hear, remember, and share negative stories about the police than positive ones, it does not mean that there are actually more negative stories than positive ones.

Finally, studies show that people are not necessarily objective when evaluating the police. In particular, research has shown that evaluations of interactions with officers are largely influenced by a person’s previously

existing beliefs toward the police.6 So, for instance, when a person who thinks highly of the police has a contact with the police, that person is likely to assess that specific experience favorably. When a person who thinks poorly of the police has an interaction with the police, that person is likely to rate that contact negatively. For these reasons, personal experiences are not a foolproof method of developing an understanding of the police.

Research, which involves the systematic collection and analysis of data, offers a more accurate way of developing knowledge about the police—or any other phenomenon, for that matter. However, research also has limitations. In particular, on some issues research has not been conducted, so some questions remain unanswered. Sometimes research is conducted on a specific issue and then when an answer is provided, further

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research on the issue ends. As a result, research studies on some issues tend to be dated. Some research is not

well executed, leaving one to question whether the results are accurate. And finally, many times research findings conflict. As will be discussed in this book, all of these concerns are present with research on the police. In spite of these limitations, however, a careful consideration of research findings still has the ability to provide a more accurate understanding of reality than any other source.

Not surprisingly, this book offers a discussion of the police that incorporates research findings. It incorporates the most significant research on relevant issues and also seeks to provide a “real-world” objective understanding of the police. An important goal of the book is to identify, confront, and dispel the assumptions and myths that exist with regard to policing today. Police in America provides an understanding of the role and functions of the police, the controversies and difficulties associated with police responsibilities, and the effectiveness of police activities.

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The Challenge of Policing a Free Society

To understand the police in the United States, it is important first to reflect on the idea that the United States is a free society. What exactly does that mean? There is much philosophical discussion and debate about this issue. On a practical level, obviously it does not mean that citizens can behave any way they want; people are not free to shoot other people because they are angry with them or to disregard traffic lights because they are in a hurry. That people in our society are free means that the government recognizes that human beings have certain basic human rights. For example, people in our society have the right to work, to go to school, to express their opinions, to protest government, to have privacy from government, to worship whatever god they believe in, to reproduce, and to own property. At the same time, the police, as an arm of the government, have the power and authority to regulate the conduct of citizens. Given our free society, the police are sometimes put in a peculiar situation: They are expected to protect citizens’ rights and regulate the conduct of citizens.

The freedoms that people enjoy in our society are dynamic, always changing. For example, in the aftermath of the terrorist attacks of September 11, 2001, there was a massive reorganization of federal law enforcement efforts and the passage of significant new legislation (the USA PATRIOT Act in particular) that provided new powers to the government in collecting information on citizens. As discussed in more detail later in this book, for better or for worse, and accurately or not, this law was presented as a new tool in the war against terrorism. It increased the power of the government and correspondingly decreased the rights and privacy of citizens. Conversely, in the 1960s, a series of landmark U.S. Supreme Court decisions, including Mapp v. Ohio (1961) and Miranda v. Arizona (1966), gave citizens more freedoms from the government but, some argued, “handcuffed the police.”

Freedom is a relative concept. Much variation exists among societies and governments in the freedoms that are afforded to their citizens (Exhibit 1.1). Therefore, in some societies, the police are oriented more toward exerting the power of the government than protecting citizens’ rights. If citizens have fewer rights, there are fewer rights to protect. If citizens have fewer rights, the government has more power. If the government has more power, the police have more power.

Photo 1.3 The Bill of Rights of the U.S. Constitution limits the power of the police and provides citizens protections from the police.

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REUTERS/John Gress

The U.S. Constitution—and in particular the Bill of Rights, which comprises the first ten amendments— articulates several freedoms of the nation’s citizens (see Appendix A). These are best considered civil liberties or freedoms from government. The Bill of Rights is not just words on paper. These are rules that the government must abide by in treating citizens. The government in this case often refers specifically to the police and the criminal justice system. The police are not free to do whatever they want. Because of the Constitution and the legal decisions associated with it, the police have rules to follow in dealing with citizens.

Free society: A society in which the government recognizes that human beings have certain basic human rights.

Bill of Rights: The first ten amendments to the U.S. Constitution; these amendments articulate several basic freedoms of the nation’s citizens.

Exhibit 1.1: Governmental Power versus Citizens’ Rights

Many countries severely restrict the rights of their citizens. For example, consider the cases of Saudi Arabia, Russia, and North

Korea. For a more complete discussion of this issue, visit the website of Amnesty International.7

In Saudi Arabia, females of all ages are not allowed to travel, study, or work without permission from their male guardians. They are also not allowed to drive. Further, governmental authorities seldom notify suspects of the crimes they are charged with or of the

evidence against them. Lawyers who represent suspects have limited authority to present evidence at trial.8

In Russia, laws restrict lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals and supporters of LGBTI rights from holding peaceful demonstrations to fight for equal rights. Officials have said that such demonstrations violate rules against

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“propaganda of homosexuality.” In addition, human rights proponents who have complained about law enforcement misconduct

have been subject to harassment, death threats, and murder, or they have simply disappeared.9

North Korea is arguably one of the least free counties on Earth and is often referred to as a police state. A network of governmental police agencies in the country is engaged not only in enforcing criminal laws but also in propagating an information blackout in which access to media, radio, and phones is severely restricted among citizens. Police agencies operate in such ways as to ensure that privacy among citizens does not exist. Surveillance is constant. Violating governmental rules can mean imprisonment in political

prison camps. It is not an exaggeration to say that North Korean citizens have no rights.10

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Police Accountability in a Free Society

Another important dimension of our free society and the role the police play in it is that officers are accountable for their actions through a system of elected government. Citizens have the power of the vote and the power to organize and protest. If citizens are not satisfied with the leaders of the government, those leaders can lose their jobs by not being reelected. In many communities, mayors hire and fire police chiefs. Mayors have expectations of police chiefs, who, in turn, have expectations of their officers. If officers behave improperly, it reflects on the chief. In turn, the chief is a reflection on the mayor. There is a long list of chiefs, and even mayors, who have lost their jobs because of officer misconduct or other unsatisfactory police department performance. In spite of this process, how best to ensure police accountability is a continuing concern and objective.

Citizens’ freedoms, combined with the ability to vote, make citizens important in our system of government. The police operate in this environment. Among other things, the police are responsible for preventing crime and for identifying and apprehending offenders of crimes that were not prevented. In doing so, they are supposed to maintain order in society. However, because citizens have freedoms from government and we have an elected system of government, our society has placed limitations on the police, and officers are accountable for their actions. One could argue that these limitations have made the job of the police more difficult, or at least more difficult to do effectively. Effectively policing a free society is a challenge.

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