Core Concepts in US Policing and Criminal Law
Foundations of Law Enforcement
The Mission and Power of Police
The primary mission of the police is to solve problems, serve the public, protect life and property, and deal with minor disorder.
- Civil Power: Police represent civil power, used primarily to maintain order.
- Military Power: Military power is used to kill or destroy the enemy, where the side with the highest number of kills is traditionally considered the winner.
Foundational Legal Concepts
- Common Law
- A body of law developed in England from judicial decisions based on custom and precedent (case law).
- Statutory Law
- Laws passed by federal Congress and state legislatures, or laws passed by a county or city government that are not covered by federal or state laws.
Posse Comitatus Act (1878)
The term Posse Comitatus historically means “power of the county.” The Act forbids the use of the U.S. military to enforce civilian law.
Private Security and Organizational Structure
Private Security and Policing
Private security organizations are non-governmental, self-employed, or private-funded entities focused on protecting people and private property. They are generally not restricted by the provisions of the Constitution in the same way public police are.
- Proprietary Security
- A security department owned and operated internally by a particular company.
- Contract Security
- Security services leased or rented to a company by an external provider.
- Moonlighting
- Police officers working off-duty in a private security capacity.
Organizational Structure and Authority
- Span of Control
- The number of subordinates a supervisor can effectively manage.
- Unity of Command
- The principle that each individual in an organization is accountable to only one supervisor.
Citizen Arrest Powers
Citizens can typically make an arrest only when they witness a felony being committed. This power generally does not extend to probable cause or misdemeanors (laws vary by jurisdiction).
Constitutional and Correctional Law
The 8th Amendment and Prohibition
The text associates the 8th Amendment with the establishment of Prohibition, which made alcohol illegal in an attempt to reduce crime, but inadvertently caused the birth of organized crime. Prohibition made the manufacture, sale, and transport of alcohol, drugs, explosives, and firearms illegal.
Deliberate Indifference
A legal standard where a prison or correctional facility fails to provide medical care to inmates, even when officials know that ignoring the illness or injury will cause harm. Claims must contain both Objective (OBJ) and Subjective (SUBJ) components:
- Objective Component: The inmate’s medical needs were serious.
- Subjective Component: The defendant state officials were deliberately indifferent to the plaintiff’s serious needs.
Key Federal Law Enforcement Departments
Federal police agencies enforce the statutes contained in the U.S. Criminal Code.
Department of Justice (DOJ)
- FBI (Federal Bureau of Investigation): Investigates all federal crimes.
- DEA (Drug Enforcement Administration): Controls the use and distribution of narcotics domestically and internationally.
- U.S. Marshals Service: Serves as federal court officers and manages the Witness Protection Program.
Department of the Treasury
- Internal Revenue Security (IRS): Administers and enforces federal tax laws.
- BATF (Bureau of Alcohol, Tobacco, and Firearms): Created during Prohibition, enforces laws related to alcohol, tobacco, and firearms.
Department of Homeland Security (DHS)
- U.S. Customs and Border Protection (CBP): Regulates importations, collects duties, and prevents smuggling.
- U.S. Secret Service: Protects the President, their family, and government officials; also investigates forgery, checks, currency, and related financial crimes.
Police Labor Relations and History
Compulsory Binding Arbitration
Compulsory means required or enforced by law.
Approximately two-thirds of states have collective bargaining laws for public employees.
- Police unions differ from other unions primarily due to their significant bargaining power.
- States without collective bargaining laws often hire police officers without union representation as at-will employees.
Historical Strikes
- Boston Police Strike (1919)
- This event effectively ended police unionism for many years. Approximately 70% of the police force went on strike and were subsequently fired by Governor Calvin Coolidge.
- PATCO Strike (1981)
- President Ronald Reagan took similar action regarding the PATCO (Professional Air Traffic Controllers Organization) strike.
- Blue Flu
- A form of unofficial strike where police officers collectively call in sick.
Civil Service and Merit Systems
- Pendleton Act
- Legislation that guaranteed tenure with almost absolute protection for civil servants. Its goal was to correct and establish the merit system.
- Merit System
- A system of public employment based on demonstrated ability and performance rather than political patronage.
- Civil Service System
- A government structure composed mainly of career civil service personnel who are hired rather than elected, and whose institutional tenure typically survives transitions of political leadership.
Historical Context
The 1960s and 1970s are widely considered the most turbulent era for policing in the United States.
Key Figures in Policing History
J. Edgar Hoover: Long-time Director of the FBI. He was known for his controversial methods, including alleged attempts to blackmail presidents, and for remaining in charge until his death. He is also noted for his racist views and practices within the Bureau.