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4.2: The Structure and Nature of Policing

Criminal Justice | Section 4.2: The Structure and Nature of Policing

Section 4.2: The Structure and Nature of Policing

Perhaps the most enduring myth of criminal justice is the actual role of the police

o�cer in our society. From early television programs such as Dragnet up to today’s

most compelling crime dramas, cops live a life full of danger, always encountering

dangerous fugitives, serial killers, and other villains that must be outwitted,

outfought, and outgunned. Of course, the danger is part of the police job. It is,

however, a mistake to assume that this is the only job that the police do. Most of

what the police do on a daily basis is to deal with what Herman Goldstein (1990)

called “the residual problems of society.”

Police Functions

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Movies and television have de�ned the role of the police in the popular imagination

as that of “crime �ghter.” In reality, catching “bad guys” and investigating crimes

is only a small fraction of what the police are called upon to do every day. In reality,

calls for social services order maintenance tasks are far more common.

A large fraction of the average police o�cer’s shift is spent helping people with

problems that have nothing to do with apprehending felons. People get hurt in

automobile accidents, and police o�cers are there to render aid. People lose things

ranging from cell phones to children and expect the police to help �nd them. Some

authors estimate that well over �fty percent of calls for police services involve these

kinds of social service tasks. By comparison, these same authors estimate that only

about 20% of calls for police services relate to crime.

Many law enforcement activities have to do with keeping society running smoothly.

These things–such as tra�c control, crowd control, and moving prostitutes o� the

streets–are frequently referred to as “order maintenance” activities. A key

di�erence between law enforcement and order maintenance is that order

maintenance activities are not generally concerned with the letter of the law, but

rather keeping the peace. An arrest is always an option when an o�cer is trying to

preserve the peace, but less formal solutions are far more commonly employed. For

example, when the driver of a stopped car that is blocking tra�c complies with an

o�cer’s request to move along, no citation is issued.

The American Bar Association (1986), in a document called Standards Relating to the

Urban Police Function, lists 11 responsibilities of the police:

(a) identify criminal o�enders and criminal activity and, where appropriate, to

apprehend o�enders and participate in subsequent court proceedings;

(b) reduce the opportunities for the commission of some crimes through

preventive patrol and other measures;

(c) aid individuals who are in danger of physical harm;

(d) protect constitutional guarantees;

(e) facilitate the movement of people and vehicles;

(f) assist those who cannot care for themselves;

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(g) resolve con�ict;

(h) identify problems that are potentially serious law enforcement or

governmental problems;

(i) create and maintain a feeling of security in the community;

(j) promote and preserve civil order; and

(k) provide other services on an emergency basis.

The last element in this list provides the primary reason why the police are called

upon to deal with the “residual problems” of society: There is no one else available

twenty-four hours a day, seven days a week.

Another key factor that makes the police unique is what some authors have referred

to as a “monopoly on the use of force.” The authorization to use force means that

the police hold a position of great power within our society, and this translates into

a great responsibility to use that force ethically.

Despite all of that power, there is a trend among policing experts to call for broad

discretion for police o�cers. O�cers who have their hands bound by excessive

policies and procedures cannot solve community problems. O�cers must have the

authority to identify community problems, tailor solutions to those problems, and

implement those solutions. Even in departments where community policing is not

the dominant paradigm, o�cers still have a great deal of discretion. For example,

o�cers decide who gets a warning and who gets a citation. O�cers decide who is

arrested. O�cers decide when force is necessary. Of course, some obvious factors

are used by o�cers when making a discretionary decision. The seriousness of a

crime and the strength of evidence, for example, are factors in the decision to make

or not make an arrest. Personal factors also come into play; researchers discovered

long ago that the demeanor of the suspect plays an important role in the decision to

arrest. Respectful and deferential citizens are less likely to be arrested than rude or

belligerent ones.

The Structure of Policing in America

Local police departments make up more than two-thirds of the 18,000 state and

local law enforcement agencies in the United States. The Bureau of Justice Statistics

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(BJS) de�nes a local police department is a general-purpose law enforcement

agency, other than a sheri�’s o�ce, that is operated by a unit of local government

such as a town, city, township, or county. Tribal police are classi�ed as local police

BJS statistics. In 2008, local police departments had about 593,000 full-time

employees, including 461,000 sworn o�cers. About 60% of all state and local

sworn personnel were local police o�cers.

Federal Law Enforcement Agencies The Federal Bureau of Investigation (FBI): The FBI is housed within the United

States Department of Justice. The FBI is rather unique in that it has both law

enforcement and national security concerns as part of its mission. As the

FBI’s Mission Statement puts it, they are a “… national security organization with

both intelligence and law enforcement responsibilities…” The Mission

Statement further explains, “The mission of the FBI is to protect and defend the

United States against terrorist and foreign intelligence threats, to uphold and

enforce the criminal laws of the United States, and to provide leadership and

criminal justice services to federal, state, municipal, and international agencies and

partners.” The FBI employs 13,785 special agents and 22,117 support professionals,

such as intelligence analysts, language specialists, scientists, information

technology specialists, and other professionals (FBI, 2013).

The Bureau of Alcohol, Tobacco, and Firearms (ATF): The ATF has a reputation for

dealing with illegal �rearms. Its mission is rather broader in reality. Housed within

the United States Department of Justice, the ATF protects American communities

from violent criminals, criminal organizations, the illegal use and tra�cking of

�rearms, the illegal use and storage of explosives, acts of arson and bombings, acts

of terrorism, and the illegal diversion of alcohol and tobacco products (ATF, 2013).

The Drug Enforcement Administration (DEA): “The mission of the Drug

Enforcement Administration (DEA) is to enforce the controlled substances laws and

regulations of the United States and bring to the criminal and civil justice system of

the United States, or any other competent jurisdiction, those organizations and

principal members of organizations, involved in the growing, manufacture, or

distribution of controlled substances appearing in or destined for illicit tra�c in the

United States; and to recommend and support non-enforcement programs aimed at

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reducing the availability of illicit controlled substances on the domestic and

international markets” (DEA, 2013).

The U.S. Marshals Service: “The U.S. Marshals Service (USMS) is the nation’s oldest

and most versatile federal law enforcement agency. Federal Marshals have served

the country since 1789, oftentimes in unseen but critical ways. The USMS is the

enforcement arm of the federal courts, and as such, it is involved in virtually every

federal law enforcement initiative. Presidentially appointed U.S. Marshals direct the

activities of 94 districts – one for each federal judicial district. More than 3,950

Deputy Marshals and Criminal Investigators form the backbone of the agency.

Among their many duties, they apprehend more than half of all federal fugitives,

protect the federal judiciary, operate the Witness Security Program, transport

federal prisoners, conduct body searches, enforce court orders and Attorney

General orders involving civil disturbances and acts of terrorism, execute civil and

criminal processes, and seize property acquired by criminals through illegal

activities.”

The Secret Service: The United States Secret Service began as an agency dedicated

to the investigation of crimes related to the Treasury, and then evolved into the

United States’ most recognized protection agency. The Secret Service was a part of

the Department of the Treasury until March 1, 2003, when it became a part of the

Department of Homeland Security. “The mission of the United States Secret Service

is to safeguard the nation’s �nancial infrastructure and payment systems to

preserve the integrity of the economy, and to protect national leaders, visiting

heads of state and government, designated sites and National Special Security

Events.”

The Citizenship and Immigration Service (USCIS): U.S. Citizenship and

Immigration Services is the government agency that oversees lawful immigration

to the United States. “USCIS will secure America’s promise as a nation of

immigrants by providing accurate and useful information to our customers,

granting immigration and citizenship bene�ts, promoting an awareness and

understanding of citizenship, and ensuring the integrity of our immigration

system. The agency is composed of over 19,000 government employees and

contractors of USCIS working at 223 o�ces across the world.

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Transportation Security Administration (TSA). The primary mission of the TSA is to

protect travelers and interstate commerce. TSA uses a risk-based strategy and

works closely with transportation, law enforcement, and intelligence communities

to set the standard for excellence in transportation security.

State Law Enforcement Agencies

Every state in the United States has a state-level police force with the exception of

Hawaii. The largest of these state-level agencies is the California Highway Patrol.

One of the major purposes of the state police in most jurisdictions is to provide

patrol services, especially on remote highways where local law enforcement is

sparse. State police are often called upon to aid local law enforcement in criminal

investigations that are complex or cross local jurisdictional lines. Often they are

responsible for maintaining centralized criminal records for the state, operating

crime labs, and training local o�cers.

Local Law Enforcement Agencies

In the United States today, there is a Hollywood-generated myth that the federal

government does a major fraction of the law enforcement workload. This is not

true. The vast majority of criminal cases are generated by local agencies such as

sheri�s’ departments and local police departments.

S H E R I F F S ’ O F F I C E S

According to the BJS (Burch, 20012), an estimated 3,012 sheri�s’ o�ces performing

law enforcement functions in the United States employed 369,084 sworn and

civilian personnel. Sheri�s’ o�ces represented approximately a �fth of the

estimated 15,600 general-purpose law enforcement agencies operating in the

United States. Although sheri�s’ o�ces may have countywide responsibilities

related to jail operation, process serving, and court security, their law enforcement

jurisdictions typically exclude county areas served by a local police department. In

certain counties, municipalities contract with the sheri�s’ o�ce for law

enforcement services. Large agencies (employing 100 or more sworn personnel)

represented about 12% of all sheri�s’ o�ces but employed nearly two-thirds

(65%) of all full-time sworn personnel.

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L O C A L P O L I C E D E P A R T M E N T S

About half of local police departments employed fewer than 10 sworn personnel,

and about three-fourths served a population of less than 10,000. In 2007, about 1 in

8 local police o�cers were women, compared to 1 in 13 in 1987. About 1 in 4 o�cers

were members of a racial or ethnic minority in 2007, compared to 1 in 6 o�cers in

1987. In 2007, more than 4 in 5 local police o�cers were employed by a department

that used physical agility tests (86%) and written aptitude tests (82%) in the hiring

process, and more than 3 in 5 by one that used personality inventories (66%).

W I L S O N ’ S P O L I C E M A N A G E M E N T S T Y L E S

James Wilson (not to be confused with O. W. Wilson), identi�ed three police

management styles:

The watchman style of management focuses on order maintenance. O�cers

often ignore minor violations of the law, unless the violation constitutes a

breach of the peace. Minor violations and disputes between citizens are largely

handled in an informal way.

The legalistic style tends to handle matters formally. In other words, policing is

done “by the book.” The administrative emphasis is on reducing line o�cer

discretion and e�ecting unvarying, impartial arrests for all violations.

The service style emphasizes community service above enforcing the law. An

arrest is often seen as a last resort, used only when referrals to social service

organizations and agencies will be ine�ectual.

Q U A S I - M I L I T A R Y F E A T U R E S

As one of Peel’s major innovations, the organization of police agencies along

military lines has withstood the test of time. Police o�cers in most jurisdictions

still wear uniforms, carry weapons, and have military ranks. These ranks suggest a

military-style, authoritarian command structure where orders come down from the

top. This militaristic view of the police is encouraged by political rhetoric such as

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the “war on crime” and the “war on drugs.” While most American citizens take this

quasi-military organization for granted, there are those that see it as a problem.

Detractors of the quasi-military organization of America’s police forces suggest

that by subscribing to the idea that they are engaged in a war, police o�cers will be

tempted to slip into the mentality that “all is fair in war.” They fear that a warfare

mentality will lead to an “ends justify the means” mentality that results in

unethical police conduct such as perjury, brutality, and other abuses of power.

Other critics feel that the militaristic look of police uniforms, especially BDUs and

SWAT gear, serve to intimidate the public.

T H E P O L I C E B U R E A U C R A C Y

Modern American Police agencies are characterized by a bureaucratic structure. The

positive aspects of bureaucratic organizations revolve around competence and

clarity. Tasks and duties are specialized, quali�cations for di�erent positions are

carefully and clearly de�ned, everyone acts according to rules and regulations, and

authority exists within a clearly de�ned hierarchy. The idea of bureaucracy is to

improve e�ciency and e�ectiveness. The downside to this is often a lack of

�exibility, being bogged down in “red tape,” and ignoring the human element of

serving the community.

Key Terms

American Bar Association, BDU, Bureau of Alcohol, Tobacco, and Firearms (ATF),

Citizenship and Immigration Service (USCIS), Drug Enforcement Administration

(DEA), Federal Bureau of Investigation (FBI), James Wilson, Legalistic Style, Local

Police Department, Order Maintenance, Quasi-Military Organization, Residual

Problems of Society, Secret Service, Service Style, SWAT, Sworn O�cer,

Transportation Security Administration (TSA), Tribal Police, U.S. Marshals Service

(USMS), Watchman Style

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