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Ninth Edition
INTRODUCTION TO
L AW ENFORCEMENT AND
CRIMINAL JUSTICE
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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1 2 3 4 5 6 7 12 11 10 09 08
Brief Contents
Section I: The 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: Courts 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 Officer and Civil Liability 57
Police Power 58
The Needs of Society and the Rights of the Individual 61
Conflict 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
Official Sources 72
Classification 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 Influence of Biology 93
The Influence 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 Officers 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
Traffic 132
Investigation 133
Community Service/Community Relations 133
Specialized Officers 133
Rural Policing 133
The Police Subculture 134
Styles of Policing 136
Stereotypes 137
The Police Image 138
Factors Influencing Police Image 139
The Importance of Image 140
Satisfaction with and Confidence in the Police 141
Summary 141
Chapter 5: Patrol: The Backbone of Policing 144

Introduction 145
Patrol Officer 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 Traffic Division: An Overview 165
Enforcing Traffic Laws 165
Selective Traffic Enforcement 165
Speeding 166
Red-Light Running 167
Traffic Enforcement in Construction Zones 167
Use of Seat Belts 167
viii Contents
Aggressive Driving and Road Rage 168

Driving under the Influence of Alcohol or Drugs 168
The Traffic Stop 171
Racial Profiling 172
Traffic Enforcement and the Apprehension of Criminals 175
Directing and Controlling Traffic 176
Assisting at and Investigating Traffic Crashes 176
Responsibilities of the Officer Called to a Crash Scene 176
Crash Reconstruction 177
The Traffic 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 Officers 205
Undercover Officers 205
Internal Affairs 206
Juvenile Officers 207
Vice Officers 209
Illegal and Legal Gambling 209
Prostitution and Pornography 209
SWAT Officers 210
K-9 Units 212
K-9 Case Law 213
Reserve Officers 213
Other Specialized Police Officers 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 Benefits 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
x Contents
De Facto Arrests 289

Protecting a Suspect’s Rights—The Miranda Warning 289
Waiving the Right 292
Beachheading or “Question First” 292
The Public Safety Exception 293
Protecting the Rights of Foreign Nationals 294
Involuntary Confessions 294
Entrapment 295
A Recap of the Landmark Cases 295
Summary 300
Chapter 9: Gangs and Drugs: Threats to Our National Security 304

Introduction 305
The Threat of Gangs 306
Defi nitions of Gangs 307
Gangs Defined by Activity 308
Racial or Ethnic Street Gangs 310
Hispanic or Latin American Gangs 310
African American Gangs 310
Asian Gangs 311
White Ethnic Gangs 311
Other Gangs 311
Motorcycle Gangs 312
Prison Gangs 312
Females and Gangs 312
Characteristics of Gangs 312
Leadership 314
Organization 314
Domain Identification 315
Symbols 315
Criminal Activity 316
Names 316
The Gang Subculture 316
Why People Join Gangs 317
Risk Factors 318
Gang Intelligence and Identifying Gangs 320
Gang Control Strategies: The Need for Awareness, Collaboration and
Prevention 321
Suppression—The Traditional Response 323
Gang Units and Task Forces 324
Injunctions and Legislation 324
The Federal Bureau of Investigation’s Strategy to Combat Gangs 325
The Department of Justice, Office of Juvenile Justice and Delinquency
Prevention Strategy 326
The National Youth Gang Center 327
Preventing Gang Membership 329
Gangs and the Criminal Justice System 330
The Enterprise Theory of Investigation 331
Prosecution Problems 331
The Threat of Drugs 332
Studies on Current Drug Use 333
Narcotics, Marijuana and Other Dangerous Drugs 335
Contents xi
Narcotics 336
Marijuana 336
Other Dangerous Drugs 337
Abuse of Prescription Drugs 340
Availability of Illegal Drugs 340
Alcohol 340
The “War on Drugs” and the National Drug Control Strategy 343
Prevention: Stopping Drug Use before It Starts 344
The DARE Program 344
Treatment: Healing America’s Drug Users 345
Law Enforcement: Disrupting the Market 346
Drug Raids 346
Surveillance 346
Undercover Assignments 347
Arresting Drug Dealers 347
Recognizing Individuals Using Illegal Drugs 347
Other Approaches to Dealing with a Drug Problem 347
Crime Control 348
Punishment 351
Rehabilitation 352
Prevention 353
Legalization 354
Illicit-Drug Abuse and Crime 354
Summary 355
Chapter 10: Terrorism and Homeland Security 360

Introduction 361
Terrorism Defi ned 362
Classification of Terrorist Acts 363
Domestic Terrorism 363
International Terrorism 363
The Dual Threat 365
Motivations for Terrorism 365
Methods Used by Terrorists 365
Explosives and Bombs 366
Weapons of Mass Destruction (WMD) 367
Technological Terrorism 370
September 11, 2001 370
The U.S. Response to 9/11—Detect, Prepare, Prevent, Protect, Respond
and Recover 371
The Department of Homeland Security 371
The USA PATRIOT Act 373
Increased Border Security 374
The National Incident Management System (NIMS) 375
The National Response Plan 375
Intelligence Gathering and Sharing 376
The National Law Enforcement Telecommunications System
(NLETS) 376
The National Criminal Intelligence Sharing Plan (NCISP) 377
Addressing Obstacles to Intelligence Sharing 378
The Critical Role of Local Law Enforcement in Homeland Security 378
Knowing the Enemy and Being Vigilant—Prevention 379
xii Contents
Preparation—Of the Agency and the Community 382

Guidelines for Dealing with Emergencies 382
Practicing the Response 383
Risk Assessment and Identifying Potential Terrorist Targets 384
Being Proactive and Forming Partnerships 385
Responding to Terrorist Attacks 386
Investigating Terrorist Acts 387
Funding Terrorism 387
Terrorists as Criminals 388
Concerns Related to the War on Terrorism 389
Concern for Civil Rights 390
Retaliation or Discrimination against People of Middle Eastern
Descent 390
A Final Consideration—The Dual Challenge 391
Summary 391
Chapter 11: Issues Concerning Police Conduct 396

Introduction 397
Discretion 397
Discrimination or Disparity in Policing: Gender, Class and Race
Issues 399
Gender Issues 400
Class Issues 400
Racial Issues 401
Use of Force 405
Gender and Use of Force 407
The Use-of-Force Continuum 407
Sudden In-Custody Death 408
Reasonable Force 410
Excessive Force 410
Less-Lethal Force 411
Deadly Force 414
Police Pursuits 418
To Pursue or Not to Pursue 418
Pursuit Policies 419
Liability in Police Pursuits 421
Civil Liability 422
Lawsuits and SWAT 424
Reducing Civil Liability 424
Corruption, Ethics and Integrity 425
What Constitutes Corruption? 425
How Corruption Arises and Perpetuates 426
How Police Learn about Ethics 429
The Importance of Police Integrity and Core Virtues 430
Building an Ethical Department 431
Summary 431
Chapter 12: Becoming a Law Enforcement Professional 436

Introduction 437
Evaluating and Selecting an Agency for Employment 438
Desired Qualities of Law Enforcement Officers 439
Contents xiii
Finding Qualified Applicants—The Applicant Shortage 441

Other Recruiting Challenges 442
Recruiting Strategies 442
Recruiting for Diversity 442
The Importance of Hiring Well 445
The Selection Process 446
The Formal Application—Basic Requirements to Become a Police
Officer 446
The Written Examination 450
Physical Fitness Tests 450
Psychological Testing 452
The Interview 452
The Background Investigation 453
Testing or Assessment Centers 454
The Medical Examination 455
The Final Result 455
Federal Guidelines and Regulations 455
Equal Employment Opportunity Act 456
Affirmative Action 456
Americans with Disabilities Act 458
Probation and Training 458
Training and Civil Liability 459
Retention 461
Salary and Benefits 462
Promotional Opportunities 463
Elimination of Sexual Harassment 463
Stress and Burnout 464
Unions 468
Moonlighting 469
Accreditation 470
Police Professionalism 472
Sociological Elements of Professionalism 472
The Final Analysis—Does Law Enforcement Qualify? 473
Summary 473
SECTION IV
COURTS AND CORRECTIONS: LAW ENFORCEMENT’S
PARTNERS IN THE CRIMINAL JUSTICE SYSTEM 479
Chapter 13: Courts 481
Introduction 482
The Court System: An Overview 483
The State Court System 483
The Federal Court System 484
The Supreme Court 484
Specialized Courts 486
Tribal Courts 487
Community Courts 487
Problem-Solving Courts 487
Juvenile Courts 490
The Adversary System 494
xiv Contents
Key Players in the Judicial Process 494

The Defendant 494
The Prosecutor 496
The Defense Attorney 497
Judges 497
Critical Stages in the Criminal Justice Process 498
Bail and Writ of Habeas Corpus 501
The Preliminary Hearing 501
The Grand Jury 502
The Coroner’s Jury 503
The Arraignment 503
Alternatives to a Trial 503
Diversion 504
Plea Bargaining 504
The Trial 505
Jury Selection 505
Testimony 505
Closing Statements and Jury Deliberation 506
Sentencing 506
Case Review and Appeal 508
The Police Officer in Court 508
Preparing a Case for Prosecution 508
Appearing as a Witness 509
Testifying under Direct Examination 510
Testifying under Cross-Examination 510
After Testifying 511
Summary 512
Chapter 14: Corrections 516

Introduction 517
The Corrections System: An Overview 518
Purposes of Corrections 518
Two Confl icting Views of Corrections 521
Correctional Ideologies and Models 521
Punishment and the Justice Model 522
Control and the Custodial Model 523
Treatment and the Medical Model 523
The Prevention Ideology and the Reintegration Model 524
Components of Modern Corrections 524
Probation 524
John Augustus, The Father of Probation 525
Who Gets Probation? 525
Conditions of Probation 525
The Growing Use of Probation 525
Intermediate Sanctions/Community Corrections 526
Incarceration 527
Jails 528
Prisons 529
Parole 532
Community-Based Reintegration Programs 533
Halfway Houses 533
Contents xv
Restitution Centers 533

Other Reintegration Methods 533
Recidivism 534
Death Row versus Life without Parole 534
Mental Competence and the Death Penalty 536
Innocence, Wrongful Conviction and the Death Penalty 536
Juvenile Corrections 537
Intermediate Sanctions for Juveniles 538
Boot Camps 539
Cognitive Restructuring for Juvenile Offenders 540
Corrections and the Role of Law Enforcement 540
Operating Jails 541
Partners with Community Corrections Programs 541
Partners with Probation Officers and Services 542
Partners with Parole Officers 542
Reentry Efforts for Released Offenders 543
Summary 545
Appendix A: State Hate Crimes Statutory Provisions 548

Appendix B: Victim and Witness Services 550
Appendix C: Strategies for Your Agency to Ensure Language Access 552
Glossary 553
Author Index 565
Subject Index 569
Preface
L aw enforcement and criminal justice in the United States have evolved tre-
mendously since the country was founded over 200 years ago. In fact, the
changes that have occurred in the past three decades alone are impressive.
Most of you were not yet born when the first edition of this text was pub-
lished in 1979. Students studying law enforcement at that time were not
exposed to the breadth and depth of topics you are about to explore. The inau-
gural edition of this book had no mention of the Internet, cybercrime, phishing
or identity theft. Coverage of drugs did not include methamphetamine, Ecstasy
or prescription drug abuse. There were no sections devoted to terrorism, school
shootings or hate crimes. Students did not learn about use-of-force continuums,
how to interact with the media or how to communicate with immigrant pop-
ulations and increasingly diverse communities. Acronyms such as BAC, DUI,
CAD, GIS, MIS, IEDs, WMDs, HIV and AIDS were meaningless. Concepts such
as racial profiling, accreditation and community policing had not yet taken
shape. Clearly, the issues facing students of law enforcement and criminal jus-
tice have changed substantially over the past 30 years.
Introduction to Law Enforcement and Criminal Justice was written to present
an overview of the field and the numerous complexities within it. It also seeks
to instill an appreciation for those who “serve and protect” our society and an
understanding of this exciting, challenging profession. The future of our law-
ful, democratic society depends in large part on those currently in the field of
criminal justice and those preparing to enter it. Law enforcement officers have
awesome power and tremendous responsibilities that must be met under con-
stantly changing circumstances and in a way that protects individual rights and
society’s rights simultaneously—a tremendous challenge.
When we wrote the fi rst edition of this text 30 years ago, law enforcement
seemed more predictable and faced different challenges than it does now. In
the 1970s law enforcement was focused on restoring its image after the distur-
bances and civil unrest of the 1960s. It saw organized crime as a major national
threat. Crime fighting was its most obvious mission. Victims were seen primar-
ily as sources of information. AIDS, crack cocaine, drive-by shootings and chil-
dren shooting children, domestic violence and terrorism were not perceived
as problems. The first edition contained no chapters on community policing,
problem solving, juveniles or victims because these were not priorities. The be-
ginnings of community policing could be seen, however, in the discussions of
team policing and community service—helping citizens help themselves. The
first edition also had no chapters on courts or corrections, focusing solely on
the law enforcement component of the criminal justice system.
xvi
Preface xvii
This current edition, our 30th anniversary edition, recognizes the interre-
lationships of the components of the criminal justice system and the need for
coordination among them. As you learn about law enforcement, you will fi nd
three recurring themes in this text. The fi rst theme is that of community or
service orientation to law enforcement and the critical importance of partner-
ships, viewing citizens as coproducers of justice. A second theme is that of po-
lice officers as peace officers as well as crime fighters and a concern for not only
criminal justice but social justice as well. The third theme is that of police offi-
cers’ discretion in their role as gatekeepers to the criminal justice system. Each
chapter in the text serves as an overview of an area that could be expanded into
an entire course.
Major Features—Context Themes

Not unexpectedly, the text begins with chapters that provide needed back-
ground (Section I). Our present system of law enforcement did not just magi-
cally appear. It has evolved slowly, shaped by numerous factors, including social
and political influences. Chapter 1 describes the evolution of law enforcement
and the criminal justice system from its ancient roots to the present system.
Chapter 2 describes the laws all U.S. citizens are expected to obey and how
they came to be. Chapter 3 explores crime in the United States: what types of
crimes are occurring and theories about why, who commits crime and the effect
it has on victims. This section provides the context within which to understand
contemporary U.S. policing: its history and traditions, the laws under which it
operates and which it enforces as well as the individuals who choose to disobey
the laws and their victims. Policing is, at its heart, about people.
Section II helps you understand the traditional organization and functions
of law enforcement, most of which can still be found within our law enforce-
ment agencies. First, an overview of the organization, goals, characteristics and
culture is presented (Chapter 4). This is followed by a discussion of the general
functions of most agencies, patrol and traffic (Chapter 5), and the specialized
assignments frequently found in larger agencies, such as investigators, SWAT
teams, school resource officers and reserve officers (Chapter 6). Next, two ap-
proaches to policing gaining popularity throughout the county are introduced—
community policing and problem-oriented policing (Chapter 7). The section
ends with a discussion of the challenge of policing within the law, apprehend-
ing criminals without violating their constitutional rights (Chapter 8).
Section III explores important challenges to the profession in the twenty-first
century. It begins with the challenges posed by gangs and drugs, problems which
have overshadowed the previous concern with organized crime (Chapter 9).
This is followed by an examination of the latest threat to our country—
terrorism (Chapter 10). Then significant issues involved in policing are de-
scribed, including discretion, discrimination, racial profiling, use of force, pur-
suit, liability, corruption and ethics (Chapter 11). The section concludes with a
discussion of departmental issues, including recruiting and retaining officers,
civilian review boards, sexual harassment, unions, moonlighting, privatization
of law enforcement, accreditation and professionalism (Chapter 12).
xviii Preface
The final section places law enforcement into the context of the criminal
justice system, examining its role with the other two components of the crimi-
nal justice system, the courts and corrections. The need for collaboration and
cooperation among the three components has become an important focus dur-
ing the past decade. Chapter 13 describes the U.S. court system, its structure,
key players, critical stages, the trial itself and the role of the law enforcement
officer in the court system. Chapter 14 explains the U.S. corrections system, its
purposes, components, alternatives and issues, including that of capital pun-
ishment. Both Chapters 13 and 14 also explain these two components within
the juvenile justice system.
New to This Edition

This ninth edition has been completely updated, with most sources cited being
published between 2004 and 2007. Included are 28 new terms and more than
350 new cites.
The community policing chapter has been moved to follow specialized
forms of policing. The chapter on criminal justice has been split into two chap-
ters. Specific changes within each chapter include the following:
■ Chapter 1—A Brief History: new coverage on tribal law enforcement.
■ Chapter 2—Our Laws: new discussions on how the conservative camp dif-
fers from the liberal camp in crime control efforts, who exercises discretion
within the system and how retributive justice differs from restorative justice.
■ Chapter 3—Crime: expanded coverage on how the media reports crime;
new material related to the rise in violent crime; the FBI drops the Index
Crime designation; expanded coverage of identity theft, white-collar and fi-
nancial crimes, computer-related crimes, organized crime and hate crime;
several entities created to address online victimization of children; creation
of the Cyber Incident Detection Data Analysis Center (CIDDAC); increas-
ing aggression between African Americans and Hispanics; police officers as
victims.
■ Chapter 4—Contemporary Policing: new discussion on span of control, the
elimination of 10-codes, Global Justice XML Data Model (GJXDM) and the
Incident Commanders Radio Interface (ICRI); expanded material on in-
teroperability; new data on the public’s satisfaction with and confidence in
the police.
■ Chapter 5—Patrol (formerly Chapter 6): the patrol officer as first responder;
intelligence-led policing (ILP); traffic enforcement in construction zones;
new technologies to detect DUI; expanded discussion of racial profiling.
■ Chapter 6—Specialized Roles (formerly Chapter 7): nontraditional forensic
science in investigations such as forensic phlebotomist and forensic nurs-
ing; the Innocence Project to eliminate suspects based on DNA evidence re-
garding ancestry; gunshot detection and ShotSpotter; sequential vs. simul-
taneous lineups; identifying missing persons and human remains; NYPD’s
Real Time Crime Center; expanded information on crime scene investi-
gations (CSI), computer forensics, profiling, internal affairs investigations
and SWAT; the pros and cons of specialization.
Preface xix
■ Chapter 7—Community Policing (formerly Chapter 5): social contract; Put-

nam’s bowling-alone theory; expanded discussion on the broken-window
theory, including criticism of it; broadened coverage of community de-
mographics; current immigration controversy; key elements of problem-
oriented policing; new material on the potential benefits of and resistance
to community policing; evaluating progress in implementing community
policing, including use of crime statistics.
■ Chapter 8—Policing within the Law: police discretion and the law; beach-
heading (questioning before giving the Miranda); United States v. Grubbs
(2006), allowing anticipatory search warrants; Hudson v. Michigan (2006),
police need not announce themselves in an emergency; Georgia v. Randolph
(2006), one person’s refusal to allow a search overrides another’s consent;
Brigham City, Utah v. Stuart (2006), reaffi rmed that police can enter a home
without a warrant in an emergency; Muehler v. Mena (2005), police can
handcuff occupants during a high-risk search; expanded discussion of dip-
lomatic immunity.
■ Chapter 9—Gangs and Drugs: gang trends; the Mara Salvatrucha–13
(MS-13) gang; network analysis of gangs; Department of Justice’s Gang Tar-
geting Enforcement and Coordination Center (GangTECC); Federal Bureau
of Investigation’s strategy to combat gangs; the Office of Juvenile Justice De-
linquency Prevention strategies; the National Youth Gang Center; expanded
discussion of the Gang Resistance Education and Training (G.R.E.A.T.) pro-
gram; the Enterprise Theory of Investigation; updated statistics on drug use;
expanded coverage of the methamphetamine problem; RxPatrol to combat
prescription drug abuse; the problem of underage drinking; the national
Synthetic Drug Control Strategy; the new DARE program; the strategies to
combat the drug problem, including drug raids, surveillance, undercover as-
signments and techniques to recognize users of illegal drugs.
■ Chapter 10—Terrorism: expanded discussion on the global threat of ter-
rorism; suicide bombers; agroterrorism; WMD teams; the DHS’s six-point
agenda and fusion centers; renewal of the PATRIOT Act; increased border
security; the National Incident Management System (NIMS); the national
response plan; the intelligence cycle; the National Law Enforcement Tele-
communications System (NLETS); the National Criminal Intelligence Shar-
ing Plan (NCISP); greater coverage of deconfliction and interoperability; the
critical role of local law enforcement in homeland security; red teaming;
Community Vulnerability Assessment Methodology (C-VAM); being proac-
tive and forming partnerships; the role of the media; responding to a ter-
rorist attack; Safecom and Citizen Corps; funding terrorism; terrorists as
criminals.
■ Chapter 11—Police Conduct: expanded discussion on police use of discre-
tion; Whren v. United States affirming pretext stops; profiling after 9/11; the
immigration controversy; sudden in-custody and excited delirium deaths;
broader discussion of less-lethal force, use of restraints, impact weapons and
electronic control devices; conditioned hesitation in potential-for-deadly-
force situations; Scott v. Harris (2007), police may use deadly force in a pur-
suit situation where the officer(s) or public are at risk; lawsuits and SWAT.
xx Preface
■ Chapter 12—Departmental Issues: the shortage of qualified applicants; re-

cruiting for diversity; training areas most often involved in lawsuits; keys
to avoiding civil liability, the Firefighter’s Rule; officer retention; expanded
coverage of stress.
■ Chapter 13—Courts: now a stand-alone chapter; problem-solving courts,
DWI courts, domestic violence (DV) courts, mental health courts and home-
less courts; juvenile gun courts; community prosecution and the prosecu-
tor’s homeland security responsibilities; terrorists on trial; preparing a case
for prosecution; and guidelines for effective testimony.
■ Chapter 14—Corrections: now its own chapter with greatly expanded dis-
cussion of the role of law enforcement in corrections; expanded discussion
on the purposes of corrections; conflicting views and theories on corrections
(classical view vs. positivist view; medical model vs. justice model); correc-
tional ideologies, modern components of corrections; issues facing jails and
prisons today; updated statistics on recidivism; wrongful convictions; ex-
panded discussion of juvenile corrections and cognitive restructuring for ju-
venile offenders; law enforcement partnerships with probation and parole;
reentry efforts for released offenders.
How to Use This Text

Introduction to Law Enforcement and Criminal Justice is more than a text. It is a learn-
ing experience requiring your active participation to obtain the best results.
You will get the most out of the book if you first familiarize yourself with
the total scope of law enforcement: read and think about the subjects listed in
the Contents. Then follow five steps for each chapter to achieve triple-strength
learning.
1. Read the objectives at the beginning of each chapter, stated in the form of
“Do You Know?” questions. This is your first exposure to the key concepts of
the text. The following is an example of this format:
Do You Know?
■ What the basic instrument of government is?
Review the key terms and think about their meaning in the context of law
enforcement.
2. Read the chapter, underlining or taking notes if that is your preferred study
style. Pay special attention to all information set apart in the text with a
graphic symbol. This is your second exposure to the chapter’s key concepts.
The following is an example of this format:
The U.S. Constitution is the basic instrument of government and the supreme law of
the United States.
The key concepts of each chapter are emphasized in this manner. Also pay
attention to all words in bold print. All key terms will be in bold print when
they are first used and defined.
3. Read the summary carefully. This will be your third exposure to the key con-
cepts. By this point you should have internalized the information.
Preface xxi
4. To make sure you have learned the information, when you have fi nished
reading a chapter reread the list of objectives given at the beginning of that
chapter to make certain you can answer each question. If you find yourself
stumped, find the appropriate material in the chapter and review it. Often
these questions will be used as essay questions during testing.
5. Review the key terms to be certain you can defi ne each. These also are fre-
quently used as test items.
Note: The material selected to be highlighted using the triple-strength learn-

ing instructional design includes only the chapter’s key concepts. While this in-
formation is certainly important in that it provides a structural foundation for
understanding the topic(s) discussed, you cannot simply glance over the “Do
You Know?” highlighted boxes and summaries and expect to have mastered the
chapter. You are also responsible for reading and understanding the material
that surrounds these basics—the “meat” around the bones, so to speak.
The text also provides an opportunity for you to apply what you have learned
or to go into specific areas in greater depth through discussion questions, Info-
Trac College Edition® assignments and Internet assignments. Complete each of
these areas as directed by the text or by your instructor. Be prepared to share
your findings with the class. Good reading and learning!
An extensive package of supplemental aids is available for instructor and stu-
dent use with this edition of Introduction to Law Enforcement and Criminal Justice.
FOR THE INSTRUCTOR

• ExamView Computerized Testing: Create, deliver and customize tests and
study guides, both in print and online, in minutes with this easy-to-use as-
sessment and tutorial system. ExamView offers both a Quick Test Wizard
and an Online Test Wizard that guide you step-by-step through the pro-
cess of creating tests, while the unique “WYSIWYG” capability allows you
to see the test you are creating on the screen exactly as it will print or dis-
play online. You can build tests of up to 250 questions using up to 12 ques-
tion types. Using ExamView’s complete word-processing capabilities, you
can enter an unlimited number of new questions or edit existing questions.
The updated test bank includes the following for each chapter: 25 multiple-
choice questions, 20 true/false questions, 20 fi ll-in-the-blank questions, and
5 essay questions.
• Instructor’s Resource Manual with Test Bank: The updated and revised In-
structor’s Resource Manual for the Ninth Edition, prepared by Debra Heath-
Thornton of Messiah College, provides a detailed outline, key terms and
concepts, discussion topics and student activities, recommended readings,
critical thinking questions and testing suggestions that will help time-pressed
teachers more effectively communicate with their students while allowing
them to strengthen coverage of course material. The Resource Manual’s inte-
grated Test Bank includes 25 multiple-choice questions, 10 true/false ques-
tions, 10 fill-in-the-blank questions, and 5 essay questions for each chapter,
saving instructors hours of test preparation. Each question in the Test Bank
has been carefully reviewed by experienced criminal justice instructors for
xxii Preface
quality, accuracy and content coverage. Our Instructor Approved seal, which
appears on the front cover, is our assurance that you are working with an as-
sessment and grading resource of the highest caliber.
• The Wadsworth Criminal Justice Video Library: So many exciting new
videos—so many great ways to enrich your lectures and spark discussion
of the material in this text! A list of our unique and expansive video pro-
gram follows. Or, visit academic.cengage.com/criminaljustice/media-center
for a complete, up-to-the-minute list of all of Wadsworth’s video offerings—
many of which are also available in DVD format—as well as clip lists and
running times. The library includes these selections and many others:
• ABC Videos: Featuring short, high-interest clips from current news events
specially developed for courses including Introduction to Criminal Jus-
tice, Criminology, Corrections, Terrorism, and White Collar Crime,
these videos are perfect for use as discussion starters or lecture launch-
ers to spark student interest. The brief video clips provide students with
a new lens through which to view the past and present, one that will
greatly enhance their knowledge and understanding of significant events
and open up to them new dimensions in learning. Clips are drawn from
such programs as World News Tonight, Good Morning America, This Week,
PrimeTime Live, 20/20, and Nightline, as well as numerous ABC News spe-
cials and material from the Associated Press Television News and British
Movietone News collections.
• The Wadsworth Custom Videos for Criminal Justice: Produced by Wads-
worth and Films for the Humanities, these videos include short (5- to
10-minute) segments that encourage classroom discussion. Topics in-
clude white-collar crime, domestic violence, forensics, suicide and the
police officer, the court process, the history of corrections, prison society
and juvenile justice.
• COURT TV Videos: One-hour videos presenting seminal and high-profi le
cases, such as the interrogation of Michael Crowe and serial killer Ted
Bundy, as well as crucial and current issues such as cybercrime, double
jeopardy and the management of the prison on Riker’s Island.
• A&E American Justice: 40 videos to choose from, on topics such as deadly
force, women on death row, juvenile justice, strange defenses and
Alcatraz.
• Films for the Humanities: Nearly 200 videos to choose from on a variety of
topics such as elder abuse, supermax prisons, suicide and the police of-
ficer, the making of an FBI agent, domestic violence and more.
• Oral History Project: Developed in association with the American Society
of Criminology, the Academy of Criminal Justice Society and the Na-
tional Institute of Justice, these videos will help you introduce your stu-
dents to the scholars who have developed the criminal justice discipline.
Compiled over the last several years, each video features a set of Guest
Lecturers—scholars whose thinking has helped to build the foundation
of present ideas in the discipline.
• Classroom Activities for Criminal Justice: This valuable booklet, available to
adopters of any Wadsworth criminal justice text, offers instructors the best
of the best in criminal justice classroom activities. Containing both tried-
Preface xxiii
and-true favorites and exciting new projects, its activities are drawn from
across the spectrum of criminal justice subjects, including introduction
to criminal justice, criminology, corrections, criminal law, policing, and
juvenile justice, and can be customized to fit any course. Novice and sea-
soned instructors alike will find it a powerful tool to stimulate classroom
engagement.
• Internet Activities for Criminal Justice: In addition to providing a wide
range of activities for any criminal justice class, this useful booklet helps
familiarize students with Internet resources they will use both as students
of criminal justice, and in their criminal justice careers. Internet Activities
for Criminal Justice allows instructors to integrate Internet resources and
addresses important topics such as criminal and police law, policing orga-
nizations, policing challenges, corrections systems, juvenile justice, crimi-
nal trials and current issues in criminal justice. Available to adopters of
any Wadsworth criminal justice text and prepared by Christina DeJong
of Michigan State University, this booklet will bring current tools and re-
sources to the criminal justice classroom.
• The Wadsworth Criminal Justice Resource Center academic/cengage.
com/criminaljustice: Designed with the instructor in mind, this website
features information about Thomson Wadsworth’s technology and teaching
solutions, as well as several features created specifically for today’s criminal
justice student. Supreme Court updates, timelines and hot-topic polling can
all be used to supplement in-class assignments and discussions. You’ll also
find a wealth of links to careers and news in criminal justice, book-specific
sites, and much more.
FOR THE STUDENT

• Study Guide: The already-robust study guide that accompanies Introduction
to Law Enforcement and Criminal Justice has been thoroughly revised and ex-
panded for this edition by Robert Hunt of Delta State University. Because
students learn in different ways, the guide includes a variety of pedagogical
aids. Each chapter is outlined and summarized, major terms and figures are
defined, and self-tests with questions in a variety of formats are provided to
ensure that students get the most out of their classroom experience.
• Companion Website: academic.cengage.com/criminaljustice/hess: The
new companion website provides many chapter-specific resources, including
chapter outlines, learning objectives, glossary, flashcards, crossword puzzles
and tutorial quizzing.
• Careers in Law Enforcement and Related Fields: From Internship to Promo-
tion, 5th Edition: This book provides specific information on many crimi-
nal justice professions, helpful tips on resumes and cover letters, practical
advice on interview techniques and includes a free copy of the Careers in
Criminal Justice CD-ROM, Release 2.0.
• Careers in Criminal Justice 2.0 Interactive CD-ROM: With this CD-ROM,
students can view video profi les of actual testimonials from people in the
field and link to the various career options in the criminal justice system
while also learning about job requirements and salaries. Also included is
xxiv Preface
FREE access to the Holland personalized self-assessment test, designed to

help students determine which careers best suit their interests, as well as
tips on cover letters, resumes and interviews.
Acknowledgments
First, I must acknowledge Henry M. Wrobleski (1922–2007), the original lead
author for the first seven editions of this text. Henry was the former coordinator
of the Law Enforcement Program at Normandale Community College. He was a
respected author, lecturer, consultant and expert witness with 30 years of expe-
rience in law enforcement. He was also the dean of instruction for the Institute
for Professional Development and a graduate of the FBI Academy. Other Wads-
worth texts Mr. Wrobleski coauthored are Introduction to Private Security, 4th ed.,
and Police Operations, 3rd ed. He is truly missed.
I would like to thank the reviewers for the Ninth Edition: Robert Brode,
College of the Canyons; Elizabeth DeValve, Fayetteville State University; and
Steve Rugger, University of South Carolina Upstate. For their valuable sugges-
tions for the previous editions of Introduction to Law Enforcement and Criminal
Justice, thank you to:
Constance M. Bennett Larry A. Gould

Seminole Community College Northern Arizona University
Kenneth Bowser George Green
Westfield State College Mankato State University
Roger Brown Martin A. Greenberg
Golden Valley Lutheran College Ulster County Community College
Steven Brown Edmund Grosskopf
East Tennessee State University Indiana State University
William Castleberry Daniel Gunderson
University of Tennessee–Martin Chippewa Valley Technical College
Lisa Kay Decker Burt C. Hagerman
Indiana State University Oakland Community College
Vincent Del Castillo Hill Harper
John Jay College of Criminal Justice Valdosta State University
Rita Dorsey Larry W. Hensel
Shelby Community College Tallahassee Community College
David G. Epstein Thomas Hinze
Brunswick Junior College Riverland Community College
Chris W. Eskridge Robert G. Huckabee
University of Nebraska Indiana State University
Larry Gaines Robert Ingram
Eastern Kentucky University Florida International University
James N. Gilbert Robert R. Ives
University of Nebraska Rock Valley College
Preface xxv
Paul H. Johnson James W. Robinson

Murray State University Louisiana State University–Eunice
William Kelly Jack Spurlin
Auburn University Missouri Southern College
William R. King James Stinchcomb
Bowling Green State University Miami Dade Community College
Leonard Luzky Jack Taylor
Ocean City College Oscar Rose Junior College
Sidney A. Lyle Gary W. Tucker
Odessa College Sinclair Community College
Michael Moberly Larry Tuttle
Southern Illinois University at Palm Beach Junior College
Carbondale
Lawrence Trostle
Glen Morgan University of Anchorage
Lincolnland Community College
Myron Utech
M. G. Neithercutt University of Wisconsin at Eau Claire
California State University—
Tim Vieders
Hayward
Niagara County Community College
James E. Newman
Robert C. Wadman
Police Academy
Weber State University
Rio Hondo Community College
James Walsh
Darek Niklas
Mount San Jacinto College
Rhode Island College
Douglas Watson
E. W. Oglesby
Northern Essex Community College
Fullerton College
David A. Wilson
Charles Ousley
Turnbull Police Department
Seminole State College
Dawn B. Young
Joseph Polanski
Bossier Parish Community College
Sinclair Community College
Gay A. Young
Frank Post
Johnson County Community
Fullerton College
College
Thank you also to the survey respondents for the Eighth Edition:
Rob Deu Pre Robert Hunt

Clatsop Community College Delta State University
Egan Green David Jenks
University of Tennessee at Martin California State University
Los Angeles
Pam Hart
Iowa Western Community College Wayne Longo
North Idaho College
Shihlung Huang
Fayetteville State University
xxvi Preface
Thomas Luzinski Triton College

Concordia University of Wisconsin
Lynne Snowden
Ihekwoaba Onwudiwe University of North Carolina at
University of Maryland Wilmington
Eastern Shore
Roger Stielow
Jim Sandow Troy State University
Any errors in the text are, however, the sole responsibility of the author.
The contributions to this text by Christine Hess Orthmann were monumen-

tal. As content researcher, writer and proofreader of the entire revision, she is
a major contributor to the final result. Thank you also to Carolyn Henderson-
Meier, editor; Jennifer Walsh, editorial assistant; Trudy Brown, production edi-
tor at Cengage Learning; Sara Dovre Wudali, production editor at Buuji, Inc.;
Debra Heath Thorton, Messiah College, for her preparation of the Instructor’s
Manual with Test Bank and ExamView; Robert Hunt, Delta State University, for
preparing the student Study Guide; and my family and colleagues for their sup-
port and assistance throughout the evolution of this text.
About the Author

Kären M. Hess, Ph.D., has written extensively in the field of law enforcement
and criminal justice. She has been a member of the English department at
Normandale Community College as well as the president of the Institute for
Professional Development. She is also a member of the Academy of Criminal
Justice Sciences (ACJS), the American Correctional Association (ACA), the In-
ternational Association of Chiefs of Police (IACP), the International Law En-
forcement Educators and Trainers Association (ILEETA), the Justice Research
and Statistics Association (JRSA), the National Council of Teachers of English
(NCTE), and the Police Executive Research Forum. In addition she is a fellow in
the Textbook and Academic Authors’ Association (TAA), as well as member of
the TAA Foundation Board of Directors.
Other Wadsworth texts Dr. Hess has co-authored are Constitutional Law,
4th ed.; Corrections in the 21st Century: A Practical Approach; Criminal Investiga-
tion, 8th ed.; Criminal Procedure; Introduction to Private Security, 4th ed.; Juvenile
Justice, 4th ed.; Management and Supervision in Law Enforcement, 5th ed.; Com-
munity Policing: Partnerships for Problem Solving, 5th ed.; Police Operations, 3rd
ed.; and Careers in Criminal Justice and Related Fields: From Internship to Promo-
tion, 5th ed.
Section I
THE EVOLUTION OF LAW

ENFORCEMENT AND
CRIMINAL JUSTICE
The criminal justice system is a vital part of our society and a complex amalga-
mation of three major components: law enforcement, courts and corrections.
Each component acts independently and interdependently as the total system
functions. Law enforcement, as the first point of contact with citizens, serves
as the gatekeeper to this system, which has grown and evolved exponentially
since our country was founded.
To illustrate how massive this system has become, the Bureau of Justice Sta-
tistics reports the United States spent a record $185 billion in 2003 for police
protection, corrections and legal activities, an increase of 418 percent since
1982. States spent the most—$39.2 billion—for corrections, while local govern-
ments spent the most for law enforcement—$57.5 billion. As of March 2003
the nation’s federal, state and local justice systems employed almost 2.4 mil-
lion people, with a March payroll of about $9 billion. The total number of jus-
tice employees grew 86 percent between 1982 and 2003, with the federal gov-
ernment increasing the most—168 percent. Not only does the criminal justice
system cost taxpayers billions of dollars and employ millions of people, but it
also deals with the lives of millions of people who break the law and the lives of
their victims. Sometimes it deals with matters of life and death.
This first section of the text provides the background necessary to under-
stand contemporary law enforcement and its role within the criminal justice
system and American society. Chapter 1 describes how law enforcement has
evolved from ancient times to the present. It traces the development of impor-
tant federal agencies that provide assistance to law enforcement and that also
rely upon local law enforcement to fulfi ll their missions. Of special importance
in the twenty-first century is the establishment of the Department of Homeland
Security.
Chapter 2 explains how our system of laws evolved and the important roles
of the U.S. Constitution and the Bill of Rights in this evolution. Several amend-
ments in the Bill of Rights guide how law enforcement functions and what it
can and cannot do. The inherent conflict between individual rights and the
needs of the country symbolized in the scales of justice and the resulting need
for balancing crime control and due process are one focus of this chapter.
1
2 Section I: The Evolution of Law Enforcement and Criminal Justice
Chapter 3 details what has historically been the focus of law enforcement:
crime. Controlling crime has been a challenge since our country was founded.
Although our forefathers sought freedom, they also had a fi rm belief in law and
order. This chapter looks at the types of crime found in our country today and
at various theories of crime causation. The chapter also describes those who
break the law as well as the effect crime has on its victims. The change in fo-
cus from punishing offenders to involving victims and the community to bring
about community justice is explained and sets the stage for the remaining chap-
ters of the text.
Chapter 1
A Brief History: The Evolution

of Law and Our Criminal
Justice System
The farther backward you can look, the farther forward
you are likely to see.
—Winston Churchill
© AP/Wide World Photos
This abandoned building, initially constructed for visiting Scottish nobility, was the location
chosen by Sir Robert Peel for the newly created London Police. This structure became known
the world over as Scotland Yard, as immortalized by A. Conan Doyle in his Sherlock Holmes
mysteries.
3
Do You Know . . .
■ When and why law enforcement began?
■ The significance of the tithing system, the Frankpledge system, Leges Henrici, the Magna Carta, the parish
constable system, and the Watch and Ward system?
■ The origins of features of our criminal justice system, such as general alarms and citizen’s arrests? The
offices of constable, sheriff and justice of the peace?
■ The origins of local responsibility for law enforcement? Division of offenses into felonies and misdemeanors?
Jury by peers and due process? Paid law enforcement officers? Women in law enforcement?
■ What significant contributions Sir Robert Peel made to law enforcement?
■ Where and when the first police department was established in England and what it was called?
■ What systems of law enforcement were brought from England to colonial New England and the South?
■ When and where the first modern American police force began and what it was modeled after?
■ What the vigilante movement was and why it occurred?
■ When and how federal and state law enforcement agencies originated in the United States?
■ Who the chief law enforcement officer at the federal level is?
■ What the first modern state police agency was and when it was established?
■ What the fi ve levels of law enforcement are? What additional form of law enforcement operates in the United
States?
■ What three eras of policing have been identified? The main characteristics of each?
■ What effect the spoils system had in the 1900s?
■ What the Pendleton Act accomplished?
■ What effect the Equal Employment Opportunity Act had?
Can You Define?
Bow Street Runners lex talionis rattle watch shires
community era Magna Carta reactive slave patrols
constable parish reeve spoils system
Frankpledge system parish constable reform era tithing
hue and cry system regulators tithing system
hundreds political era riot act vigilante
law proactive sheriff Watch and Ward
Leges Henrici professional model shire-reeve
Introduction
The heritage of law enforcement is a source of pride, as well as a guide to avoid-
ing mistakes in the future. Specific dates and events are not as important as ac-
quiring a sense of the sequence or chronology of how present-day laws and our
system of law enforcement came into existence. Law is a body of rules for human
conduct enforced by imposing penalties for their violation. Technically, laws are
made and passed by the legislative branches of our federal, state, county and city
governments. They are based on customs, traditions, mores and current need.
Law implies both prescription (rule) and enforcement by authority. In the
United States, those who enforce the laws are not the same as those who make
Chapter 1: A Brief History: The Evolution of Law and Our Criminal Justice System 5
them. Historically, in other countries, this was not the case. Often rulers both
made and enforced the laws.
This chapter discusses primitive and ancient law and its influence on the de-
velopment of English law and law enforcement. This is followed by an overview
of the evolution of law enforcement in England from the Anglo-Saxon tithing
system, through the Norman Frankpledge system and on through the centuries
up to the establishment of the London Metropolitan Police in 1829, the devel-
opment of city and borough police forces and the entrance of women into law
enforcement in England.
Next the continued evolution of the criminal justice system in the United
States is described, beginning with a discussion of early law enforcement, in-
cluding the first police forces and slave patrols, the city police and the vigilante
movement. This is followed by a description of the various federal, state, county
and local agencies established over the years. Next the overlap in these agencies
is discussed, followed by a description of the three eras of policing: the political
era, the reform era and the community era. The chapter concludes with a brief
recap of important dates in police history.
Primitive and Ancient Law

Law enforcement can be traced back to the cave dwellers, who were expected
to follow certain rules or face banishment or death. The customs depicted
in early cave-dwelling drawings may represent the beginning of law and law
enforcement.
The prehistoric social order consisted of small family groups living together
as tribes or clans. Group living gave rise to customs everyone was expected to
observe. The tribe’s chief had executive, legislative and judicial powers and of-
ten appointed tribe members to perform special tasks, such as serving as a body-
guard or enforcing edicts. Crimes committed against individuals were handled
by the victim or the victim’s family. The philosophy of justice was retaliatory:
punish the offender. A person who stole the game from a neighbor’s traps could
expect to pay for the crime by being thrown into a pot of boiling oil or a cage of
wild beasts. Other common punishments for serious offenses were flaying, im-
palement, burning at the stake, stoning, branding, mutilation and crucifi xion.
A system of law and law enforcement began earlier than 2000 BC as a means
to control human conduct and enforce society’s rules. Keeping the peace was the
responsibility of the group.
The earliest record of ancient people’s need to standardize rules and methods of
enforcement to control human behavior dates back to approximately 2300 BC,
when the Sumerian rulers Lipitshtar and Eshumma set standards on what con-
stituted an offense against society. A hundred years later, the Babylonian King
Hammurabi established rules for his kingdom designating not only offenses
but punishments as well. Although the penalties prescribed were often barbaric
by today’s standards, the relationship between the crime and the punishment is
of interest (see Figure 1.1). The main principle of the code was that “the strong
shall not injure the weak.” Hammurabi originated the legal principle of lex
talionis—an eye for an eye.
Image not available due to copyright restrictions
Egypt
The first accounts of a developing court system came from Egypt in approxi-
mately 1500 BC. The court system was presided over by judges appointed by the
pharaoh. About 1000 BC in Egypt, public officers performed police functions.
Their weapon and symbol of authority was a staff topped by a metal knob en-
graved with the king’s name. The baton carried by the modern police officer
may have its origin in that staff.
Greece
The Greeks had an impressive form of law enforcement called the ephori. Each
year at Sparta, a body of fi ve ephors was elected and given almost unlimited
powers as investigator, judge, jury and executioner. These fi ve men also presided
over the Senate and Assembly, assuring that their rules and decrees were fol-
lowed. From the Greek philosopher Plato, who lived from 427 to 347 BC, came
the idea that punishment should serve a purpose other than simple retaliation.
Rome
Like the Greeks, the Romans had a highly developed system to administer justice.
The Twelve Tables, the first written laws of the Roman Empire, were drawn up by
10 of the wisest men in Rome in 451 and 450 BC and were fastened to the speak-
ers’ stand in the Roman Forum. The tables dealt with legal procedures, property
ownership, building codes, marriage customs and punishment for crimes.
At about the time of Christ, the Roman emperor Augustus chose members
from his military to form the Praetorian Guard to protect the palace and the
Urban Cohort to patrol the city. Augustus also established the Vigiles of Rome.
Initially assigned as firefighters, they were eventually given law enforcement re-
sponsibilities. As the first civilian police force, the Vigiles sometimes kept the
peace very ruthlessly. The word vigilante derives from these Vigiles.
Another important contribution from the Roman Empire was the Justinian
Code. Justinian I, ruler of the eastern Roman Empire from AD 527 to 565, col-
lected all existing Roman laws. They became known as the Corpus Juris Civilis,
meaning “body of law.”
English Law and Law Enforcement

The beginnings of just laws and social control were destroyed during the Dark
Ages as the Roman Empire disintegrated. Germanic invaders swept into the old
Roman territory of Britain, bringing their own laws and customs. These invad-
ers intermarried with those they conquered, the result being the hardy Anglo-
Saxon.
The Anglo-Saxons and the Tithing System

The Anglo-Saxons grouped their farms around small, self-governing, self-
policed villages. When criminals were caught, the punishment was often severe.
Sometimes, however, the tribe would let offenders prove innocence through
battle or through testimony by other tribespeople willing to swear that the ac-
cused was innocent. Additionally, the tribe sometimes allowed criminals to pay
a fine for committing a crime or to work off the debt.
Over time, the informal family groupings became more structured. Alfred
the Great (AD 849 to 899) established that all freemen belonged to an associa-
tion binding them with a certain group of people. If one person in the group
committed a crime and was convicted, all group members were responsible for
the person’s fine. Consequently all group members were careful to see that no
one in the group broke the law. Every male, unless excused by the king, was en-
rolled in a group of 10 families known as a tithing. To maintain order they had
a chief tithingman who was the mayor, council and judge in one. Society was
so basic that it enforced only two laws: laws against murder and theft.
The tithing system established the principle of collective responsibility for

maintaining local law and order.
Any victim or person who discovered a crime would put out the hue and
cry, for example, “Stop, thief!” Those hearing the cry would stop what they
were doing and help capture the suspect.
The hue and cry may be the origin of the general alarm and the citizen’s arrest.
When capture was made, the suspect was brought before the chief tithing-
man, who determined innocence or guilt plus punishment. Theft was often
punished by working off the loss through bondage or servitude—the basis for
civil law, restitution for fi nancial loss (Lunt, 1938).
If a criminal sought refuge in a neighboring village, that village was ex-
pected to return the criminal for punishment. This cooperation among villag-
ers eventually resulted in the formation of hundreds, groups of 10 tithings.
The top official of the hundred was called a reeve.
The hundreds also elected a constable to lead them in pursuit of any law
breakers. The constable was the first English police officer and had charge of the
community’s weapons and horses. Finally, the hundreds were consolidated
into shires or counties. The head of the shire was called the shire-reeve , the
forerunner of our county sheriff.
The shire-reeve acted as both police officer and judge, traveling from hun-
dred to hundred. The shire-reeve had the power of posse comitatus, meaning he
could gather all the men of a shire together to pursue a lawbreaker, a practice
that was the forerunner of our posse.
The Norman Frankpledge System

In 1066 William the Conqueror, a Norman, invaded and conquered England.
As king of the conquered nation, William was too concerned about national se-
curity to allow the tithings to keep their system of home rule. He established 55
military districts, each headed by a Norman shire-reeve who answered directly
to the crown. The Normans modified the tithing system into the Frankpledge
system.
The Frankpledge system required loyalty to the king’s law and mutual local
responsibility of all free Englishmen to maintain the peace.
William also decided that shire-reeves should serve only as police officers.
He selected his own judges, who traveled around and tried cases, forerunners of
our circuit judges, in effect separating the law enforcement and judicial roles.
The Twelfth Century

William’s son, Henry I, ruled England from 1100 to 1135 and issued the Leges
Henrici, establishing arson, robbery, murder and crimes of violence as being
against the king’s peace. This set the precedent that for certain crimes a person
is punished by the state rather than by the victim.
The Leges Henrici made law enforcement a public matter and separated offenses
into felonies and misdemeanors.
Henry I’s reign was followed by many years of turmoil, which lasted until
Henry II became king in 1154.
Henry II established the jury system.
Henry II’s jury system, called an inquisition, required people to give infor-
mation to a panel of judges who determined guilt or innocence.
For the next 100 years, kings appointed enforcement officers to meet their
needs. When John became king in 1199, he abused his power by demanding
more military service from the feudal class, selling royal positions to the high-
est bidder and increasing taxes without obtaining consent from the barons—
actions all contrary to feudal custom. In addition, John’s courts decided cases
according to his wishes, not according to law.
In 1213 a group of barons and church leaders met to call for a halt to the
king’s injustices. They drew up a list of rights they wanted King John to grant
them. After the king refused on two separate occasions, the barons raised an
army and forced him to meet their demands. On June 15, 1215, King John
signed the Magna Carta.
The Magna Carta

Our modern system of justice owes much to the Magna Carta, a decisive docu-
ment in the development of England’s constitutional government.
The Magna Carta , a precedent for democratic government and individual
rights, laid the foundation for requiring rulers to uphold the law; forbade taxation
without representation; required due process of law, including trial by jury; and
provided safeguards against unfair imprisonment.
The Magna Carta contained 63 articles, most requiring the king to uphold
feudal law. Article 13 restored local control to cities and villages, a fundamental
principle of American law enforcement. Another article declared that no freeman
should be imprisoned, deprived of property, sent out of the country or de-
stroyed except by the lawful judgment of peers or the law of the land. The con-
cept of due process of law, including trial by jury, developed from this article.
The Next 500 Years

Several interesting developments in law enforcement occurred in the following
centuries. In 1285 King Edward I established a curfew and night watch program
that allowed for the gates of Westminster, then capital of England, to be locked,
keeping the city’s occupants in and unwanted persons out. Bailiffs were hired as
night watchmen to enforce the curfew and guard the gates. Edward I also man-
dated that groups of 100 merchants be responsible for keeping peace in their
districts, again making law enforcement a local responsibility. This system of
law enforcement, called the Watch and Ward, provided citizens protection 24
hours a day, with the day shift called ward and the night shift called watch.
An ever-increasing population and a trend toward urbanization led law
enforcement to become truly a collective responsibility. If a man’s next-door
neighbor broke the law, the man was responsible for bringing the lawbreaker
before the shire-reeve. The hundred decided yearly who would be responsible
for maintaining law and order, with responsibility rotated among community
members. Inevitably some people paid other members to serve in their place,
beginning a system of deputies paid to be responsible for law and order. The
paid deputy system was then formalized so that those whose turn it was to
pay met and appointed the law enforcers. The abuse of citizen duty to serve as
watchmen was pervasive, however, and led to petty thieves and town drunks
serving as watchmen.
During the fourteenth century, the shire-reeve was replaced by the justice of the
peace.
The justice of the peace was assisted by the constables and three or four men
knowledgeable of the country’s laws. At fi rst the justice of the peace was in-
volved in both judicial matters and law enforcement, but later his powers be-
came strictly judicial. The justice of the peace eventually became the real power
of local government (Lunt).
With the passing of feudal times and the rise in the church’s power, the unit
of local government in rural areas progressed from the hundred to the parish,
the area in which people who worshipped in a particular church lived. Each
year the parish appointed a parish constable to act as their law officer. This sys-
tem of maintaining law and order in rural Britain lasted from the Middle Ages
until the eighteenth century.
During the Middle Ages, the parish constable system was used for rural law
enforcement; the Watch and Ward system was used for urban law enforcement.
Developments in urban England required a different system of law enforce-

ment. With urbanization came commerce, industry and a variety of buildings
usually made of wood because England was primarily forest land. For fire pre-
vention purposes the town guild appointed men who patrolled at night on fi re
watch. They assumed the coincidental responsibility of preventing people from
breaking into houses and shops.
Although the Watch and Ward system was primitive and ineffective, it was
adequate until the Industrial Revolution (1750) began. About the same time,
famine struck the rural areas, and large numbers of people moved from the
country into the towns seeking work in weaving and knitting mills and in fac-
tories. Many, however, failed to find work, and England experienced much un-
employment, poverty and crime.
In addition, political extremists often incited mobs to march on Parliament.
The government had no civil police force to deal with mob violence, so it would
order a magistrate to read the riot act, permitting the magistrate to call in the
military to quell the riot. This is the forerunner of today’s gubernatorial author-
ity to call out a state’s National Guard in times of rioting or violent strikes.
The use of a military force to repress civil disobedience did not work very
well. Soldiers hesitated to fi re on their own townspeople, and the townspeople,
who actually paid the soldiers’ wages, resented being fired on by soldiers they
had hired to protect them.
In addition to unemployment, poverty and resentment against the use of
military force, the invention of gin and whiskey in the seventeenth century and
the subsequent increase in the liquor trade also caused a rise in violent crimes
and theft. Because many constables were employed in the liquor trade, they of-
ten did not enforce regulations governing taverns and inns. Furthermore the
London watchmen were highly susceptible to bribes and payoffs.
Henry Fielding and the Bow Street Runners

In 1748 Henry Fielding, lawyer, playwright and novelist, was appointed chief
magistrate of Bow Street in policeless London. Fielding fought for social and
criminal reform. He defied the law by discharging prisoners convicted of petty
theft, giving reprimands in place of the death penalty and exercising general
leniency.
Fielding wrote and published pamphlets and books about London’s pover-
ty-stricken inhabitants and the causes of crime, calling for an understanding
and lessening of their suffering. He also urged that magistrates be paid a salary
rather than depending on fees and fines for their income.
During this time thieves and robbers moved freely in London’s streets, loot-
ing and rioting. Although such riots inevitably brought soldiers, they some-
times did not arrive for two or three days. Fielding suggested that citizens join
together, go into the streets and trace the perpetrators of crime and instigators
of mob violence before they committed crimes or caused destruction. Such views
made Fielding one of the earliest advocates of crime prevention.
Fielding was also instrumental in establishing the Bow Street Runners, the
first detective unit in London. This amateur volunteer force, under Fielding’s di-
rection, swept clean the Bow Street neighborhood. When these runners proved
successful, other units were organized. Foot patrols of armed men guarded the
city’s streets, and a horse patrol combated highway robbery on the main roads
up to 25 miles from Bow Street.
Although the Bow Street Runners and patrols greatly improved control in
the Bow Street area, other parts of London were overwhelmed by the impact of
the Industrial Revolution. Machines were taking the place of many jobs, causing
unemployment and poverty. The cities were developing into huge slums, and
the crime rate soared. Children were often trained to be thieves, and for the
first time in England’s history, juvenile delinquency became a problem. Devel-
opments in England had a great influence on the juvenile justice system that
would later develop in the United States. Citizens began carrying weapons, and
the courts used long-term prison sentences, resulting in overcrowded jails and
prisons. Punishments were also severe, with more than 160 crimes punishable
by death.
Despite the rampant crime, however, most Londoners resisted an organized
police force, seeing it as restricting their liberty. They had fought hard to over-
come the historical abuse of military power by English kings and resisted any
return to centralized military power. Then, in 1819 and 1820, two contrasting
incidents helped people change their minds. The fi rst was the Peterloo Massa-
cre, an attack by armed soldiers on a meeting of unemployed workers that left
11 people dead and hundreds injured. This incident vividly illustrated the dan-
ger of using soldiers to maintain peace. In contrast, in the second incident, the
Bow Street Runners broke up a conspiracy to murder a number of government
officials. When the conspirators were executed, people saw that actions by pro-
fessional peacekeepers could prevent a major insurrection.
In addition to rampant crime, Parliament was also concerned about pov-
erty, unemployment and general conditions. Five parliamentary commissions
of inquiry met in London between 1780 and 1820 to determine what should be
done about the public order. It was not until Sir Robert (Bobbie) Peel was ap-
pointed Home Secretary that the fi rst constructive proposal was brought before
Parliament.
Peelian Reform
Sir Robert Peel, often referred to as the “father of modern policing,” proposed a
return to the Anglo-Saxon principle of individual community responsibility for
preserving law and order.
Peel’s principles for reform called for local responsibility for law and order;
appointed, paid civilians to assume this responsibility; and standards for these
individuals’ conduct and organization. His proposals led to the organization of the
Metropolitan Police of London in 1829.
The term police, introduced into England from France, is derived from the
Greek word polis meaning “city.” The principles of Peelian reform stated:
■ Police must be stable, efficient and organized militarily.
■ Police must be under governmental control.
■ The deployment of police strength by both time and area is essential.
■ The securing and training of proper persons is at the root of efficiency.
■ Public security demands that every police officer be given a number.
■ Police headquarters should be centrally located and easily accessible.
■ Policemen should be hired on a probationary basis.
■ The duty of police is to prevent crime and disorder.
■ The test of police efficiency is the absence of crime and disorder, not the vis-
ible evidence of police action in dealing with these problems.
■ The power of the police to fulfi ll their duties depends on public approval
and on their ability to secure and maintain public respect.
■ The police should strive to maintain a relationship with the public that gives
reality to the tradition that the police are the public and the public are the police.
Peel’s principles became the basis of police reform in many large cities in
America. In addition, one of Peel’s first steps was to introduce reform that abol-
ished the death penalty for more than 100 offenses.
London Metropolitan Police (1829)

British police historian Critchley (1967, p.52) states: “From the start, the police
was to be a homogeneous and democratic body in tune with the people, and
drawing itself from the people.” The London Metropolitan Police, called “bob-
bies” after Sir “Bobbie” Peel, were uniformed for easy identification—top hats,
three-quarter-length royal blue coats and white trousers—and were armed only
with truncheons. Their primary function was crime prevention through patrol.
Unfortunately the London Metropolitan Police were not popular. Soon af-
ter the force went on street duty in 1829, a London mob assembled to march on
Parliament. A police sergeant and two constables asked the mob leaders to send
their people home. Rather than dispersing, the mob attacked the sergeant and
constables, killing the sergeant and critically injuring the constables. A jury of
London citizens, after hearing evidence clearly indicative of murder, returned
a verdict of justifiable homicide. In time, however, police officers discharging
their duties with professional integrity created a respect for the law.
City and Borough Police Forces (1835)

Broad public use of the steam engine and railways and better roads helped
move many criminals from London to provincial cities, such as Birmingham,
Liverpool and Manchester. Soon the citizens of these cities demanded some po-
lice organization similar to London’s. In 1835 Parliament enacted legislation al-
lowing (but not requiring) every city or borough (unincorporated township) of
more than 20,000 people to form a police force.
Women Enter Law Enforcement

In 1883 the London Metropolitan Police appointed two women to supervise women
convicts. Their numbers and functions later expanded.
In 1905 a woman was attached to the London Metropolitan Police force to con-
duct inquiries in cases involving women and children. Each year several more
police matrons were hired.
Early Law Enforcement in the United States

When the English colonists came to America, they brought with them many
traditions, including traditions in law enforcement. From the beginning they
were concerned with avoiding anarchy:
As the Mayflower rode at anchor off Cape Cod, some of the passengers
threatened to go out on their own, without any framework of government.
To avoid this threat of anarchy, the Mayflower Compact [1620] agreed that:
“We . . . doe . . . solemnly and mutually . . . covenant and combine our selves
together into a civil body politike for our better ordering and preservation . . .
and by vertue hereof to enact . . . such just and equall lawes . . . unto which
we promise all due submission and obedience” (Gardner, 1985, p.26).
The early colonial American settlements relied heavily on self-policing to

assure the peace. Communal pressure was the backbone of law enforcement.
The colonists were of similar background, most held similar religious beliefs
and there was actually little worth stealing. The seeds of vice and crime were
present, however, as noted by Perry (1973, p.24): “These colonists were far from
the cream of European society; in many cases they represented the legal and
religious castoffs. (Persons found guilty of criminal or religious offenses who
were banished from Europe and exported to the New World.) Their migra-
tion served the dual purpose of removing socially undesirable persons from
the Mother country and providing manpower for the outposts of imperial
expansion.”
Many features of British law enforcement were present in early American
colonial settlements. In New England, where people depended on commerce
and industry, the night watchman or constable served as protector of public or-
der. In the South, where agriculture played a dominant role, the office of sher-
iff was established as the means of area law enforcement. Most watchmen and
sheriffs were volunteers, but many were paid to serve in the place of others who
were to patrol as a civic duty.
New England adopted the night watchman or constable as the chief means of law
enforcement; the South adopted the office of sheriff.
Many different types of law enforcement were tried in different parts of the
country. Almost all used some kind of night watch system, with little or no pro-
tection during the day. The fastest-growing municipalities were the first to orga-
nize legal forces.
The First U.S. Police Forces

The first police forces in the United States were developed in Boston, New York
and Los Angeles.
Boston In 1631 the Boston court established a six-man force to guard the
city from sunset to sunup, the fi rst night watch in America. In 1636 a town
watch was created and stayed in effect for more than 200 years. At first the pri-
mary function was to ring a bell in case of fi re. In 1702 the police were to patrol
the streets in silence. In 1735 they were required to call out the time of day and
the weather.
New York The first colonists in New York, then called New Amsterdam, were
the Dutch who settled on Manhattan Island’s south end. In 1643 a “burgher
guard” was formed to protect the colony. Then, in 1653, New Amsterdam be-
came a city (population 800), and the burgher guard was changed to a rattle
watch, a group of night-patrolling citizens armed with rattles to call for help
(Bailey, 1989, p.346).
In 1664 the British took over New Amsterdam and renamed it New York.
Thirty years later the fi rst uniformed police officers replaced the nighttime rat-
tle watch, and four years after that New York’s streets were lighted.
The system of watchmen was very ineffective. Often the watchman was sen-
tenced to patrol as a form of punishment for a misdemeanor. In addition citi-
zens could avoid watch duty by hiring someone to take their places. Wealthy
citizens came to rely on hiring others, and the men they hired then hesitated to
invoke their authority against the well-to-do. By the mid-1700s New York City’s
night watch was “a parcel of idle, drinking, vigilant snorers, who never quell’d
any nocturnal tumult in their lives; . . . but would, perhaps, be as ready to join
in a burglary as any thief in Christendom” (Richardson, 1970, p.10).
Due to a continuing increase in crime during the day, New York City hired
an assortment of watchmen, fire marshals and bell ringers to patrol both day
and night. In 1844 a paid day watch was established, consisting of 16 officers
appointed by the mayor.
In 1844 New York City established the first modern round-the-clock, paid American
city police force, modeled after London’s Metropolitan Police.
Soon other cities followed suit, including Chicago, Cincinnati, New Or-
leans, Philadelphia, Boston, Baltimore and San Francisco.
Although patterned after the London Metropolitan Police, New York police
officers protested wearing uniforms. Not until 12 years later did the New York
police adopt a full police uniform and become the first uniformed law enforce-
ment agency in the country. Likewise, although Fielding established the Bow
Street Runners (the first detective unit) in 1750, more than 100 years passed before
American police agencies recognized a need for detective units. In 1866 Detroit
established the first detective bureau, followed by New York in 1882 and Cincin-
nati in 1886. Other important differences from the London police were that police
in the United States were armed and they were under local, not national, control.
Los Angeles In 1850 California became a state, and Los Angeles incorpo-
rated as a city with a population of 1,610. During its first year, the city elected
a mayor, a city marshal and a sheriff: “The duties assumed by the sheriff and
marshal included the collection of local taxes. The sheriff ’s obligations required
him to traverse a vast area on horseback, fighting bands of Indians and maraud-
ing desperadoes. Lacking paid assistants, the marshal was permitted to depu-
tize citizens whenever necessary to maintain order” (Bailey, pp.310–316).
In 1853 the city council established a police force of 100 volunteers, called
the Los Angeles Rangers. Four years later they were replaced by the Los Angeles
City Guards, who were charged with maintaining the peace. Finally, in 1869,
the police force changed from a voluntary organization to a paid department.
Slave Patrols
Law enforcement in the South evolved differently. By 1700 most Southern col-
onies, concerned about the dangers posed by oppressed slaves, established a
code of laws to regulate slaves, for example, prohibiting slaves from possessing
weapons, congregating in groups, resisting punishment or leaving the planta-
tion without permission.
Not surprisingly, many slaves resisted their bondage, attempting to escape

or lashing out through criminal acts or revolts. The threat of harm by slaves was
compounded by their growing number; in some southern states, blacks out-
numbered whites by more than two to one. The white colonists’ fear of this
large and potentially dangerous slave population led to the creation of special
enforcement officers—slave patrols (Reichel, 1999, p.82). By the mid-1700s,
every southern colony had a slave patrol, most of whom were allowed to en-
ter any plantation and break into slaves’ dwellings, search slaves’ persons and
possessions at will and beat and even kill any slaves found violating the slave
code. Asirvatham (2000, p.2) states: “Twentieth-century southern law enforce-
ment was essentially a direct outgrowth of the 19th-century slave patrols em-
ployed to enforce curfews, catch runaways and suppress rebellion. Even later
on, in northern and southern cities alike, ‘free men of color’ were hired as cops
only to keep other African Americans in line [enforcing Jim Crow laws support-
ing segregation]. Until the 1960s black cops, by law or by custom, weren’t given
powers of arrest over white citizens, no matter how criminal.”
Evolution of the City Police

When city police were fi rst established, their only contact with their depart-
ments was face-to-face meetings or messengers. One early means of commu-
nication was a telephone-pole light system to notify police of a call awaiting
response. During the 1850s, however, telegraph networks linked police head-
quarters directly with their districts. Several decades later a modified telegraph
system linked the patrol officers directly to the station. A fi re alarm system,
first introduced in Boston, was adopted for police use. Call boxes placed on city
street corners were equipped with a simple lever that signaled the station that
the officers were at their posts. A bell system was added that allowed the patrol
officers to use a few simple signals to call an ambulance, a “slow wagon” for
routine duties or a “fast wagon” for emergencies. The introduction of a special
“Gamewell” telephone into the call box in 1880 made this a two-way commu-
nication system, greatly improving contact between patrol officers and their sta-
tion houses.
The Civil War brought new social control problems. As centers of popula-
tion became increasingly urbanized, fringe areas became incorporated suburbs
of the hub city. These newly developed fringe cities had their own police forces,
which fostered complex, uncoordinated relationships, compartmentalization
and inefficiency.
Although cities developed police departments and maintained a certain level
of law and order, this was not the case in many areas, especially the frontiers. In
such areas Americans came to rely upon vigilante groups for law and order.
The Vigilante Movement

In response to the absence of effective law and order in frontier regions, as many
as 500 vigilante movements were organized between 1767 and 1900 (Klockars,
1985, p.30).
The vigilante movement refers to settlers taking the law into their own hands in
the absence of effective policing.
The first American vigilante movement occurred from 1767 to 1769 in South
Carolina:
“The disorder in the South Carolina back country of the 1760s was typi-
cal of later American frontier areas. . . . Outlaws, runaway slaves, and
mulattoes formed their own communities where they enjoyed their booty. . . .
By 1766 and 1767 the back country was in the grip of a ‘crime wave,’ and the
outlaws were almost supreme” (Brown, 1991, p.61).
Because there was no sheriff or court, “respectable settlers of average or afflu-
ent means” organized as regulators in 1767 to attack and break up the outlaw
gangs and restore order. As noted by Brown (p.60): “An American tradition had
begun, for, as the pioneers moved across the Appalachian Mountains, the regu-
lator-vigilanted impulse followed the sweep of settlement toward the Pacific.”
A characteristic of the vigilante movement was that the leader was usually
one of the most powerful men in the community, thus making the movement
highly respectable: “Two presidents (Andrew Jackson and Theodore Roosevelt),
eight state governors (including Leland Stanford, Sr., founder of Stanford Uni-
versity), and four U.S. senators had either been vigilantes or expressed strong
support for vigilante movements” (Klockars, 1985, p.31).
An uneven judicial system and a lack of jails added to the strength of the
vigilante tradition. The movement was evidence of the value Americans placed
on law and order and the desire to be rid of those who broke the law. It was also
evidence of a basic paradox in the illegal means used to the desired end: “Per-
haps the most important result of vigilantism has not been its social-stabilizing
effect but the subtle way in which it persistently undermined our respect for law
by its repeated insistence that there are times when we may choose to obey the
law or not” (Brown, p.72).
As the country grew and its society became more complex, federal and
state agencies were established to meet needs that could not be met at the local
level.
© Brown Brothers
Judge Roy Bean dispensed frontier justice and cold beer in the Texas territory west of the
Pecos River.
Justice Department Treasury Department
Immigration & Federal Federal Drug Secret Internal

U.S. Bureau of
Naturalization Bureau of Enforcement Service Revenue
Marshals Prisons
Service Investigation Administration Service
National Automated Bureau

Border Crime Fingerprint Bureau of Alcohol,
Patrols Information Identification of Customs Tobacco and
Center System Firearms
Figure 1.2 Federal Agencies, Original Organization
Establishment of Federal Agencies

Congress created several federal law enforcement agencies to meet demands
created by the nation’s changing conditions. The oldest federal agency is the
U.S. Marshals Office, created in 1789. Figure 1.2 illustrates the most common
federal agencies before the reorganization that followed the September 11, 2001
(9/11) attacks on the United States.
Among the earliest federal law enforcement agencies were the U.S. Marshals
Office, the Immigration and Naturalization Service, the Secret Service and the
Internal Revenue Service.
The Department of Justice

The Department of Justice is the largest law fi rm in the country, representing
U.S. citizens in enforcing the law.
The attorney general is head of the Department of Justice and the chief law officer
of the federal government.
The Department of Justice’s law enforcement agencies include the Federal

Bureau of Investigation, the Federal Drug Enforcement Administration, the U.S.
Marshals, the Immigration and Naturalization Service (pre-9/11) and the Bu-
reau of Prisons. The current organization of the Department of Justice is shown
in Figure 1.3.
The Federal Bureau of Investigation (FBI) Created as the Bureau of In-

vestigation and renamed the Federal Bureau of Investigation in 1935, this is the
primary investigative agency of the federal government. Its special agents have
jurisdiction over more than 200 federal crimes. Their responsibilities include in-
vestigating espionage, interstate transportation of stolen property and kidnap-
ping; unlawful flight to avoid prosecution, confinement or giving testimony;
sabotage, piracy of aircraft and other crimes aboard aircraft; bank robbery and
Attorney General
Community Federal Bureau Office of the

Office of Criminal
Oriented of Pardon
Justice Division
Policing Investigation Attorney
Programs
Office
Office on Drug Bureau United States

Violence Enforcement of Parole
Against Administration Prisons Commission
Women
Bureau of Alcohol, U.S. National National Drug

Tobacco, Firearms, Central Bureau- Intellegence
and Explosives Interpol Center
Office of the
Detention
Trustee
Figure 1.3 Current Organization of the Department of Justice
embezzlement; and enforcement of the Civil Rights Acts. The FBI also provides
valuable services to law enforcement agencies throughout the country:
■ The Identification Division is a central repository for fi ngerprint informa-
tion, including its automated fingerprint identification system (AFIS), which
greatly streamlines the matching of fingerprints with suspects.
■ The National Crime Information Center (NCIC) is a computerized database
network containing records of wanted persons, stolen vehicles, vehicles used
in the commission of felonies, stolen or missing license plates, stolen guns
and other stolen items serially identifiable, such as television sets and boat
motors.
■ The FBI Laboratory, the largest criminal laboratory in the world, is available
without cost to any city, county, state or federal law enforcement agency in
the country.
■ Uniform Crime Reports (UCR) are periodical publications provided by the
FBI, which, since 1930, has served as a national clearinghouse for U.S. crime
statistics. States report their monthly crime statistics to the FBI, which in
turn releases information semiannually and annually regarding all crimes
reported to it.
The Federal Drug Enforcement Administration (FDEA) FDEA agents

seek to stop the flow of drugs at their source, both domestic and foreign, and to
Career Profile
Joël Kohout (Retired FBI Special Agent)
I was a police officer for 29 years, beginning my career with ing. Many of these cases involved working on task forces with
the Anoka (Minnesota) Police Department as the first woman in officers from many different departments in the state. These
that department on patrol. From there I went to the Anoka Sher- assignments could last anywhere from a few weeks to months
iff’s Office as a detective, working a variety of cases, and then and were often in parts of the state that necessitated being
to the Attorney General’s Office as an investigator assigned to away from home for long periods of time.
handling white-collar crimes. In 1992 I attended a three-month school at the Ramsey
In 1980 I became a Special Agent with the Minnesota Bureau County (Minnesota) Medical Examiner’s Office to learn more
of Criminal Apprehension (BCA), where I remained for the next about death. While there I assisted with autopsies, cutting the
24 years. My first assignment was working undercover in the bodies and removing the organs, and received extensive train-
narcotics unit. I spent 2 years traveling around the state, buying ing from the doctors. After I graduated, I became the BCA’s liai-
drugs, and was involved in many state and federal cases. son to the Medical Examiner’s Office, attending and participat-
My next assignment was to a unit that specialized in inves- ing in over 200 autopsies.
tigating cases involving the sexual exploitation of children. The I was eventually promoted to the rank of Senior Special
work was both proactive—responding to information provided Agent (supervisor) in the homicide unit and continued to as-
by victims and witnesses—and reactive—investigating cases sist with death investigations and profiles until the end of my
in an undercover capacity. This involved corresponding with career.
child molesters, posing as a mother who wanted to sell her kids, Profiling opened the door to many unique opportunities. I
meeting with the perpetrator and making an arrest. It was often spent a lot of time in various prisons, conducting behavior inter-
disturbing and heartbreaking work but was also quite gratifying views of offenders, and I traveled to several countries to teach
when the offender ended up in prison. and to work on cases.
In 1986 I transferred to a unit that specialized in investigat- I retired in 2002 but returned a week after retirement to
ing sexual assaults, homicides and death investigations. In 1987 work on the crime-scene team as a civilian. It gave me a new
I was fortunate enough to be selected by the FBI to participate appreciation for how difficult that work is and how dedicated
in a 10-month profiling school at the academy in Quantico, Vir- the scientists who comprise that team are. It is not anything like
ginia. Only four officers from throughout the United States were what is shown on TV—most scene investigations last between
allowed to attend each year, and it was a wonderful career op- 12 hours and several days, and the bodies are often outside in
portunity. While at Quantico, I was trained to be a profiler and the winter, when it is freezing, or inside and decomposed when
worked on unsolved cases (usually involving murder and serial it is hot. And it takes weeks, not hours, to get DNA results!
rapists) from all over the country. I’ve been retired for two years but still consult on unsolved
When I returned to the BCA, I continued to profile cases cases. I consider myself so lucky to have had a job that I couldn’t
along with an FBI profiler from Minnesota, and we spent a great wait to go to every day and would encourage anyone who wants
deal of time traveling throughout the Midwest to work with a lot of variety, some danger, a fair amount of excitement and ir-
other FBI profilers on unusual cases. I also continued to work on regular hours, but a lot of personal satisfaction, to consider be-
homicides and death investigations that did not involve profil- coming a police officer.
assist state and local police in preventing illegal drugs from reaching local com-
munities. They become involved in surveillance, raids, interviewing witnesses
and suspects, searching for evidence and seizure of contraband.
The FDEA is charged with the full responsibility for prosecuting suspected
violators of federal drug laws. It has liaison with law enforcement officials of
foreign governments and highly trained agents stationed in all major U.S. cities
and in 30 countries.
The U.S. Marshals Marshals are appointed by the president and are re-
sponsible for (1) seizing property in both criminal and civil matters to satisfy
judgments issued by a federal court, (2) providing physical security for U.S.
courtrooms, (3) transporting federal prisoners and (4) protecting government
witnesses whose testimony might jeopardize their safety.
The Immigration and Naturalization Service (INS) The INS origi-

nally had border patrol agents who served throughout the United States, Can-
ada, Mexico, Bermuda, Nassau, Puerto Rico, the Philippines and Europe. They
investigated violations of immigration and nationality laws and determined
whether aliens could enter or remain in the United States.
When the Department of Homeland Security (DHS) was organized in 2002,
the INS was moved from the Justice Department to the Department of Home-
land Security as two separate agencies: Citizenship and Immigration Service
Ombudsman and the Bureau of Citizenship and Immigration Services, effec-
tive March 1, 2003. The DHS is discussed more fully in Chapter 10.
The Bureau of Prisons (BOP) The BOP is responsible for the care and cus-
tody of persons convicted of federal crimes and sentenced to federal penal insti-
tutions. The bureau operates a nationwide system of maximum-, medium- and
minimum-security prisons, halfway houses and community program offices.
The Department of the Treasury

The Department of the Treasury also had several agencies directly involved in
law enforcement activities, including the Bureau of Customs, the Internal Rev-
enue Service, the Secret Service and the Bureau of Alcohol, Tobacco and Fire-
arms. They too have been affected by the reorganization following the 9/11
attacks. In addition a new bureau may be added to the department to track
monies flowing to terrorist groups.
The Bureau of Customs The Bureau of Customs originally had agents sta-
tioned primarily at ports of entry to the United States, where people and/or
goods enter and leave. Customs agents investigated frauds on customs revenue
and the smuggling of merchandise and contraband into or out of the United
States. Since the reorganization of federal agencies, the Bureau of Customs is
now within the DHS under the Border and Transportation Security directorate
and has shifted its priority to fighting terrorism.
The Internal Revenue Service (IRS) The IRS, established in 1862, is the
largest bureau of the Department of the Treasury. Its mission is to encourage
the highest degree of voluntary compliance with the tax laws and regulations.
IRS agents investigate willful tax evasion, tax fraud and the activities of gam-
blers and drug peddlers.
The Secret Service The Secret Service was established in 1865 to fight cur-
rency counterfeiters. In 1901 it was given the responsibility of protecting the
president of the United States, the president’s family, the president-elect and the
vice president. The Secret Service has also been transferred to the DHS.
The Bureau of Alcohol, Tobacco and Firearms (BATF) The BATF is
primarily a licensing and investigative agency involved in federal tax violations.
The Firearms Division enforces the Gun Control Act of 1968. Under the post-
9/11 reorganization, this bureau has been transferred to the Justice Department
and renamed the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Other Federal Law Enforcement Agencies

Although most federal law enforcement agencies are within either the Depart-
ment of Justice or the Department of the Treasury, other federal agencies are
also directly involved in law enforcement activities, such as U.S. Postal Inspec-
tors, the Coast Guard and the armed forces military police, as well as investiga-
tors, intelligence agents and security officers for other federal agencies.
Current Organization
The major changes occurring as a result of the attacks on the United States on
September 11, 2001 were the creation of the Department of Homeland Security,
established November 25, 2002 and activated January 24, 2003, and the trans-
fer of several agencies from the Department of Justice and the Department of
the Treasury to this new agency.
The Department of Homeland Security (DHS) The DHS is the third-

largest cabinet department in the federal government after the Department of
Defense and the Department of Veterans Affairs. Its budget in 2004 was $36.5
billion, and it employed 184,000 in 2005.
The DHS oversees the U.S. Secret Service, the Bureau of Customs and Bor-
der Protection, the Bureau of Citizenship and Immigration Services (formerly
the Immigration and Naturalization Service, or INS) and the U.S. Coast Guard.
Other DHS agencies with investigative and law enforcement roles include the
Transportation Security Administration (TSA), the Office of Inspector General
and the Federal Computer Incident Response Center.
The creation of the DHS is the most significant transformation of the U.S.
government since 1947, when Harry S. Truman merged the various branches of
the U.S. Armed Forces into the Department of Defense to better coordinate the
nation’s defense against military threats. DHS represents a similar consolida-
tion, both in style and substance. In the aftermath of the 9/11 terrorist attacks
against the United States, President George W. Bush decided 22 previously dis-
parate domestic agencies needed to be coordinated into one department to pro-
tect the nation against threats to the homeland (see the DHS Web site, https://
www.dhs.gov). The DHS and its organization are discussed in greater detail in
Chapter 10.
Establishment of State Agencies

Many federal agencies have state counterparts, including state bureaus of inves-
tigation and apprehension and state fi re marshal divisions, as well as depart-
ments of natural resources, driver and vehicle services divisions and depart-
ments of human rights.
In 1835 the republic of Texas’s provisional government established the Texas
Rangers, a military unit responsible for border patrol. The apprehension of Mex-
ican cattle rustlers was a primary task (Folley, 1980, p.88). In 1874 the Texas
Rangers were commissioned as Texas police officers, with duties that included
tracking down murderers, robbers, smugglers and mine bandits.
The Texas Rangers were the first agency similar to our present state police.
Massachusetts was next to establish a state law enforcement agency by ap-

pointing a small force of state officers in 1865 to control vice. The state also
granted them general police powers; therefore, Massachusetts is usually credited
with establishing the first law enforcement agency with general police authority
throughout the state.
Most state police agencies established before the twentieth century were cre-
ated in response to a limited need. This was not the case in Pennsylvania, which
established the Pennsylvania Constabulary in 1905 to meet several needs:
(1) to provide the governor an executive arm for help in fulfi lling his responsi-
bilities, (2) to provide a means to quell riots occurring during labor disputes in
the coal regions and (3) to improve law enforcement services in the rural por-
tions of the state (Folley, p.66). The Pennsylvania state police served as a model
for other states and heralded the advent of modern state policing.
Today the most visible forms of state law enforcement are the state police,
who often have general police powers and enforce all state laws but do not usu-
ally work within municipalities that have their own forces unless requested;
and state highway patrols, who focus their attention on the operation of motor ve-
hicles on public highways and freeways, enforcing state traffic laws and all laws
governing the operation of vehicles on a state’s public highways. The highway
patrols usually operate in uniform and drive distinctively marked patrol cars
and motorcycles.
Development of County Agencies

The three main county agencies are the county sheriff, the county police and
the coroner or medical examiner.
The County Sheriff

Many state constitutions have designated the sheriff as the chief county law en-
forcement officer. The sheriff is usually elected locally for a two- or four-year
term, an obvious mixing of police and politics.
State law establishes the sheriff ’s powers and duties. Each sheriff is autho-
rized to appoint deputies to assume responsibility for providing police pro-
tection, as well as a variety of other functions, including (1) keeping the pub-
lic peace, (2) executing civil and criminal process (such as serving civil legal
papers and criminal warrants), (3) keeping the county jail, (4) preserving the
court’s dignity and (5) enforcing court orders.
The hundreds of sheriff ‘s departments vary greatly in organization and
function. In some states the sheriff is primarily a court officer; criminal investi-
gation and traffic enforcement are delegated to state or local agencies. In other
states, notably in the South and West, the sheriff and deputies perform both
traffic and criminal duties.
The sheriff ’s staff ranges from one (the sheriff only) to several hundred, in-
cluding sworn deputies as well as civilian personnel. One major difference be-
tween sheriffs’ offices and municipal police departments is that sheriffs often
place greater emphasis on civil functions and operating corrections facilities.
The County Police

County police departments are often found in areas where city and county gov-
ernments have merged and are led by a chief of police, usually appointed from
within the department.
The Coroner or Medical Examiner

The office of coroner has a history similar to that of the sheriff and comes to
modern law enforcement from ancient times (Adams, 1980, p.150). The coro-
ner’s principal task is to determine the cause of death and to take care of the
remains and personal effects of deceased persons. The coroner need not be a
medical doctor or have any legal background to be elected. In some jurisdic-
tions, however, the coroner has been replaced by the medical examiner—a phy-
sician, usually a pathologist, who has studied forensic science.
Development of Local Agencies

In addition to federal and state agencies, much power is vested in local agencies.
Township and Special District Police

The United States has approximately 19,000 townships, which vary widely in
scope of governmental powers and operations. Most townships provide a lim-
ited range of services for predominantly rural areas. Some townships, often
those in well-developed fringe areas surrounding a metropolitan complex, per-
form functions similar to municipal police.
The Constable
Several states have established the office of constable, usually an elected offi-
cial who serves a township, preserving the peace and serving processes for the
local justice court. The constable may also be the tax collector, in charge of the
pound, or authorized to execute arrest warrants or transport prisoners.
The Marshal
In some parts of the United States, a marshal serves as a court officer, serving
writs, subpoenas and other papers issued by the court and escorting prisoners
from jail or holding cells in the courthouse to and from trials and hearings. The
marshal also serves as the bailiff and protects the municipal judge and people
in the court. In some jurisdictions the marshal is elected; in others the marshal
is appointed.
Municipal Police
The United States has more than 40,000 police jurisdictions and approximately
450,000 police officers, all with similar responsibilities but with limited geo-
graphical jurisdictions. The least uniformity and greatest organizational com-
plexity are found at the municipal level due to local autonomy. The majority of
these police forces consist of fewer than 10 officers. This level of law enforce-
ment is the primary focus of this text.
Tribal Law Enforcement

As of June 2000, American Indian tribes operated 171 law enforcement agencies
throughout the country (Hickman, 2003, p.1). These agencies are overseen by
the Bureau of Indian Affairs (BIA), which is responsible for 55.7 million acres of
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Transcriber’s Notes
Minor punctuation errors were fixed.
Obsolete, variant, and dialect spellings have largely been retained as originally
published, with the following exceptions:
Page 54: changed try do to try to do.
Page 61: changed unanounced to unannounced.
Page 73: changed movable to moveable.
Page 78: changed unusally to unusually.
Page 89: changed give to given.
Page 99: changed téte à tête to tête-à-tête.
Page 102: changed ill-usuage to ill-usage.
Page 106: changed we to me.
Page 107: changed leafles to leafless.
Page 124: changed landady to landlady.
Page 132: changed delighful to delightful.
Page 133: changed Madamoiselle to Mademoiselle.
Page 141: changed now to know.
Page 141: changed Whose to Who's.
Page 148: changed decrepid to decrepit.
Page 150: changed bister to bistre.
Page 151: changed banded to branded.
Page 153: changed their to there.
Page 154: changed forefiner to forefinger.
Page 190: changed nosiest to noisiest.
Page 213: changed tabe to table.
Page 256: changed curaçoa to curaçao.
Page 265: changed Worth to Wörth.
Page 331: changed trowsers to trousers.
Page 337: changed glacing to glancing.
Page 342: changed live to life.
Page 345: changed quite to quiet.
Page 349: changed rotton to rotten.
Page 350: changed concidence to coincidence.
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Where Can Buy Introduction To Law Enforcement and Criminal Justice 9th Edition Kären M. Hess Ebook With Cheap Price

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Introduction to Law Enforcement and Criminal Justice

Criminal Justice in Action The Core 9th Edition Larry

Interviewing and Interrogation for Law Enforcement

Juvenile Justice 5th Edition Kären M. Hess

Introduction to Criminal Justice 16th ed. Edition Larry

An Introduction to Transnational Criminal Law 1st

Ethics and Criminal Justice An Introduction 1st Edition

An Introduction to International Criminal Law and

KÄREN M. HESS, Ph.D.

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1 A Brief History: The Evolution of Law and Our Criminal

Section II: Contemporary Law Enforcement 111

4 Contemporary Policing: An Overview 113

Section III: Challenges to the Profession 259

8 Policing within the Law 261

Section IV: Courts and Corrections: Law

Chapter 2: The American Quest for Freedom and Justice:

Chapter 3: Crime in the United States—Offenders and Victims 69

Chapter 4: Contemporary Policing: An Overview 113

Chapter 5: Patrol: The Backbone of Policing 144

Aggressive Driving and Road Rage 168

Chapter 6: Specialized Roles of Police 184

Chapter 7: Community Policing, Partnerships and Problem-Solving

The Growing Minority Population 229

Chapter 8: Policing within the Law 261

De Facto Arrests 289

Chapter 9: Gangs and Drugs: Threats to Our National Security 304

Chapter 10: Terrorism and Homeland Security 360

Preparation—Of the Agency and the Community 382

Chapter 11: Issues Concerning Police Conduct 396

Chapter 12: Becoming a Law Enforcement Professional 436

Finding Qualiﬁed Applicants—The Applicant Shortage 441

Key Players in the Judicial Process 494

Chapter 14: Corrections 516

Restitution Centers 533

Appendix A: State Hate Crimes Statutory Provisions 548

Major Features—Context Themes

New to This Edition

■ Chapter 7—Community Policing (formerly Chapter 5): social contract; Put-

■ Chapter 12—Departmental Issues: the shortage of qualiﬁed applicants; re-

How to Use This Text

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Constance M. Bennett Larry A. Gould

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The contributions to this text by Christine Hess Orthmann were monumen-