Law Enforcement Organization and Administration

Chapter 9

BASIC LINE FUNCTIONS

• Police departments need both generalist and specialists. The controversy is how many specialists should a department have and how much of the scarce resources need to be devoted to specialized efforts such as cyber crime.

Why Specialist?

1. Control – Organization into divisions is a mechanism with which to direct the overall activities of the agency. This is especially true in large departments.

2. Priorities have to be set and work has to be done in an organized manner.

3. Specialization leads to expertise and the police agency receives the benefit of efficient knowledgeable experts.

• Assignments for personnel should be based on assumption that the job should prevent new challenges and lead to development of professional skills

• The best person should be selected based on ability, credentials and track record.

• Agencies should keep the number of specialists and areas of specialization within reason

• Periodically each agency should review the number of subgroups that exist and review their need in the organization.

TRAFFIC UNITS

• Accident Investigations• Motorcycle Units• Radar Operations• Motor carrier safety

Proactive Traffic Management

• Purpose: – Elimination of accident causes and congestion– Identification of potential traffic problems– Regulation of parking– Investigation of accidents– Public Awareness on motor vehicle and bicycles use– Arrest of offenders– Addressing traffic issues: road rage, traffic

management, solving other crimes

• Police managers need to rethink and reorganize police resources devoted to traffic management. For limited access highways for example, speeding can be taken care of automatically with digitalized images of license plates when a car exits.

• Police officers should not spend all their time issuing traffic summons for minor violations.

• Police should be involved in driving related crimes, highway safety, emergencies, and helping citizens.

Racial Profiling

A Potentially Volatile Community Relations Issue

How do you define it?

Racial Profiling Definition

The Practice Of Stopping, Detaining, Or Searching A Person Based Solely On Factors Such As Their Race, Color, Or Ethnicity.

The Rules

Racial Profiling Is Prohibited, And In Fact, It is Illegal. A Person’s Race, Color, Ethnicity, Or Other Non-criminal Traits Are Not, In And Of Themselves, Sufficient To Constitute Reasonable Suspicion Or Probable Cause To Justify Stopping, Detaining, Or Searching A Person.

Possible Legal Violations Involved

• Constitutional Violations With Lawsuit Remedy Under 42USC Section 1983– Equal Protection Violations– Fourth Amendment Violations

• Intentional Discrimination By Any Agency Receiving Federal Assistance (42USC Section 2000(d)

Possible Legal Violations Involved

• Federal Criminal Civil Rights Violation (18USC Section 241-242)

• Pattern or Practice Lawsuits (42USC Section 14141)– Justice Department Lawsuits Filed– Agencies Usually Enter Into Consent Decrees

VICE UNITS

• Vice is generally considered to be crimes against public morals.– Pornography– Prostitution– Gambling– Illegal Drugs– Illegal sale and manufacture of alcohol

VICE UNITS

• As a general rule, assignments in Vice Units should not be long term permanent assignments.

• Should be inter-jurisdictional working relationships

VICE ENFORCEMENT

• Vice crimes are a continual problem. These crimes are often related other criminal activity, global and organized crime, violence. Many consider vice crimes to be “victimless crimes.”

• Prostitution varies from community to community and may not be organized

DRUGS

Enforcement without major public policy revisions have not been successful

Drug of choice has varied over historyEnforcement needed to address quality of life

issues in communities and related major crimes

YOUTH SERVICES AND JUVENILE UNITS

Juvenile Units were formed in the early part of the 20th Century in response to urban crime and related social problems involving children, many of whom were new arriving immigrants.

• Legal and social reforms gave certain protections and services to children based in part on two theories.– Doli incapax – a child under a certain age is

incapable of wrongdoing– Parens patriae – the state must assume the role of

parents if the parents cannot live up to their responsibilites in the care of the child.

Juvenile Units

• Responsibilities– Investigation of juvenile cases. Those cases

involving status offenses or child victims should be handled juvenile unit personnel. These personnel should have family intervention and counseling skills.• Example: Child abuse, juvenile sexual assault

• Juvenile Record Keeping – Files involving youth crime and arrest records must be stored in an area that is maintained separately from adult files. Information must remain confidential.

Example of Juvenile Bureau Organization

Prince William CountyBureau Commander – Lieutenant Assigned to The Criminal Investigation Division

DARE

• Although thousands of police hours and millions of dollars have been devoted to DARE, these programs have never met their stated goals. It is time to relegate DARE to what it is, a very good public relations program.

SCHOOL VIOLENCE AND THE POLICE

• School violence has been decreasing over the years with two exceptions, juvenile gang violence and random high profile killing sprees.

• 90% of school districts report no school murders

SCHOOL VIOLENCE AND THE POLICE

• Police need to train staff in disaster training for extreme violence, including active shooter response.

Gangs• Police should use gang

suppression tactics – Target gang leaders,

hangouts and illegal activities– Enforce school truancy– Curfew checks– Court mandated enforcement

against wearing gang “colors” or apparel.

– Enforcement of alcohol violations tied to revocation of drivers license

INVESTIGATIONS

• Investigations are normally divided into two major areas of activity– Preliminary Investigation – Normally carried out

by the patrol officer– Follow up Investigation – Normally conducted by a

detective trained in investigative techniques.

Investigative Issues and Concerns

• Career Criminals– Individuals who actively pursue a crime lifestyle

• Informants– a) offenders who have agreed to work off their

charges in lieu of prosecution– b) offenders who are given cash for information – c) citizens who are willing to work with the police

for no other reason other than to improve the community

• Terrorism - Since 9/11, police departments have been reviewing the concept of domestic intelligence gathering regarding information that will help make strategic and tactical designs.