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“History is always written wrong, and so always needs to be rewritten.”

—George Santayana

�� LEARNING OBJECTIVES

When you finish reading this chapter, you will be better prepared to

• Characterize the emergence of law • Describe what is meant by “methods of social control” • Characterize police performance in ancient Mesopotamia and Egypt • Describe police activities in ancient Athens and Rome • Identify methods of social control used by English kings • Characterize the components of Peel’s police principles • Describe policing in colonial America • Compare and contrast policing in early urban America and the South • Describe policing along the American frontier, including the Texas Rangers • Explain the three eras of American policing • Characterize the critical reviews of these eras

�� CASE STUDY: YOU ARE THE POLICE OFFICER

You’re an urban officer who joined the department some five years ago. You’ve worked through a hurricane’s destruction that continues to hamper the progress of a department whose roots were deep in slave patrol activities of ear- lier generations. You work in a district characterized by high tourist traffic, where your schedule calls for you to work every third week of the month for six hours straight; then you’re off for three days. After that, you’re assigned to the business district, and a few times you work uptown when that district is short of officers for celebrations.

The most demanding time of the year consists of a two-month period of cel- ebrations; the endless parties are attended by some aggressive participants, which

CHAPTERHistorical Accounts of American Police 2

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is okay because it’s their vacation. It’s true: One of your city’s biggest enterprises is tourism—with activities ranging from the riverboats to the gambling casinos to the parades.

Sometimes tourists leave their manners at home when they visit the city of your youth (95 percent of the police personnel there are natives of the city). For instance, you tell a group of young adults to back up or stop running up to the parade floats because it is dangerous, but they won’t listen. Sometimes these aggressive tourists ignore police directives, thinking they can become invisible in the crowds. You usually ignore agitators because oddly enough they come out of the woodwork later in the evening at any one of the many dance clubs. Unfortu- nately, a few are disrespectful of other visitors, and sometimes they party until they are totally dysfunctional; that’s usually when your uniform becomes stained. (Luckily, your department provides a uniform allotment.)

Sometimes you wonder why you’re on the job in a city that ranks high in vio- lent crime and has more than its share of problems. Often visitors taunt you with those stereotypes when you’re on the job, especially those who make reference to your race. Thankfully, many more visitors seem pleased with the safety and activ- ities provided by the city’s finest. You’ve learned to overlook the taunts and respond professionally, which includes never taking anything personally.

1. Why are you an officer in this famous tourist city?

2. As an officer, in what way is it different to engage visitors who lack good manners?

3. As an officer, why is the best professional tactic never to take anything personally?

Introduction

This chapter provides a historical account of policing and acknowledges the idea that “history is written from records left by the privileged.” 1 Historical accounts are inevitably biased, because they are typically written with the approval of those in power. This thought suggests that the history of the American police—and the history of policing throughout the ages, for that matter—could have been written to compli- ment who ever or what ever controlled government. In past generations, those in con- trol decided what history would report. There is little question that writers have great difficulty in offering neutral or critical perspectives on their own era, a difficulty that arises because historians write on a moving train, explains Randall G. Shelden.2 As George Santayana advises, “history is always written wrong.”

For all these reasons, you should use this chapter simply as a guide to further your thoughts about policing, rather than assuming it presents the only possible interpreta- tion of events. The chapter provides a description of the police who were employed through ancient civilizations to modern times and emphasizes their function, includ- ing the workings of early American agencies in cities and frontiers. The political, pro- fessional, and community relations eras of policing are discussed, along with the assessments of critics regarding those eras.

Take everything you read here with“a grain of salt.”The task of an author is often dif- ficult, as he or she “peels the onion” of truth in an attempt to make the obvious, obvious.3

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Laws and Their Enforcement 37

Laws and Their Enforcement

Has the enforcement of the law always been the typical response of most leaders? When social disorder visited bands of nomads 10,000 years ago, what kind of response was expected? There are two schools of thought about these issues.

The first view states that laws and their strict enforcement are the path to social order. Without strict law enforcement, the reasoning goes, civilizations would be char- acterized by violence, brutality, and chaos because humans, when left on their own, commit criminal acts.4

The opposing view says that limiting enforcement power is the right thing to do because too much government power is a destructive path—a view adhered to by the framers of the U.S. Constitution. History is replete with evidence revealing that the state can be an instrument of repression and that individuals in the seat of power have used authority to victimize others.5 When the framers of the U.S. Constitution asked the question, Restrain people or restrain government?, they ultimately chose to restrain government. Of course, those young Americans were rebelling against English rule, and those actions undoubtedly influenced the form of government they developed. The public’s suspicious attitude about police power in early England and Puritan Boston, in fact, influenced the final form of the new U.S. government:

The U.S. Constitution’s primary task is to limit the power of government by restraining arbitrary government intrusion into the private lives of Americans.

That said, many people are now rethinking government’s limitations, especially as it relates to policing in the United States of the twenty-first century. Certainly, limiting the enforcement powers of government can lead to an increase in the intensity and fre- quency of violent crime.6 Others add that crime control issues should be secondary to the relationship between people and government.

Arising from the inconsistencies related to public safety through “legalized force” and given the rule of law in the United States, which includes the Con- stitution and the Bill of Rights, the relationship between government and its constituents takes priority over crime control in the United States.7

Recall what was said in Chapter 1 about what America wants from its police: pub- lic safety but at an extreme, the police act as public servants who provide that public safety. However, another view was conveyed by Supreme Court Chief Justice Warren Berger, who argued:

When our distant ancestors came out of the caves and rude tree dwellings thou- sands of years ago to form bands and tribes and later towns, villages, and cities, they did so to satisfy certain fundamental human needs: mutual protection, human companionship, and later for trade and commerce.8

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In the social sphere, changes can occur because of increases in the population, cul- tural mixing within a population through immigration and other means, technological changes, and emergence of class divisions, to name just a few driving forces. Public safety just doesn’t appear one day out of the blue; instead, laws need to emerge. Indeed, laws have traditionally emerged for numerous reasons, including to ensure order and public safety. In the United States, which is a democracy, police are expected to balance the delivery of services with the continuation of freedom. History has played a signifi- cant role in shaping these expectations and the methods to deliver police services.

The Significance of History

Police history is far too serious a matter to be left solely to historians. All too often, his- torians fill in the blanks with the way they think police looked rather than with the way early police really were. At the same time, be cautioned that those who analyze the pres- ent can be prone to mistakes, too.

Nonetheless, the concept of policing was absent among many village- and band- level cultures of the past.9 Many cultures operated without a king, queen, dictator, president, governor, or mayor—and without police officers, National Guard soldiers, sailors, or marines; CIA, FBI, Treasury agents, or federal marshals. They had no written laws and no formal courts, no lawyers, and certainly no patrol cars, crime scene inves- tigators, or jails or penitentiaries.

Every society defines crime for itself; each society has its own way of establishing order, chasing criminals, and keeping (or at least attempting to keep) youth under con- trol.10 What is consistent about most societies is that they consistently change and “no society can survive in chaos, and those torn by schisms [divisions] soon disap- peared.” 11 In summary, law and order are not natural gifts bestowed upon any group of people regardless of the time when that civilization appeared on this planet.

Real natural law is a law of the strongest; it dominates the history of humankind despite the realization that early cultures knew little of law.

Does a society require those in charge to maintain order? In a word—no. Many societies of the past had few expectations of leaders, if any at all.

Acephelous Societies

The term acephelous means “without a head.” Acephelous societies are those that lack any identifiable rules with the power to direct or command other members of society. This type of leadership represents the earliest types of human communities and dates back some 30,000 to 40,000 years since the evolution of modern humans (Homo sapi- ens).12 Acephelous societies are small, economically cooperative, egalitarian societies with simple technology and divisions of labor. Everyone has largely an equal role in such a society. While these societies lack rulers or governments with power to com- mand and correct behavior, they are nevertheless characterized by more cooperation than chaos.

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Laws and Their Enforcement 39

For our purposes here, the relevance of acephelous societies lies not in whether these societies were free of crime, but rather in their proof that not all societies see law enforcement as a necessary element to further social order. People managed without means of law enforcement for tens of thousands of years. Why, then, are contemporary state-level societies so dependent upon them?

The Emergence of Law

In previous civilizations, small bands of people lived together and behaved pretty much as they were expected to, without any type of direct intervention of “any central- ized political authority.” 13 In those small groups (and particularly in primitive soci- eties), formal laws were not necessary because, to a large extent, behavior was regulated though informal methods of control such as gossip, criticism, fear of supernatural forces, loss of respect and status, and physical or social isolation.

This means of controlling behavior is effective even by today’s standards. Consider what happens in a small town or community where everyone knows everyone else (including everyone else’s business): When a scandal involving morality occurs, towns- people stop one another on the streets and in the food stores to talk about it. “A com- mon indignation is expressed.” 14 Sentiment or public agreement can affect a criminal justice issue, Durkheim (1933–1984) might argue. The fear of townspeople’s sanction can, under certain circumstances, command others to follow their lead, their lifestyles, and their religious ideals—or else. Or else what? Ask Mary Barrett Dyer, whose young body dangled from a huge old elm on Boston Commons in the heat of a summer after- noon in 1660 as her husband and other respected community members watched.15 A Quaker, she had opposed Boston’s Puritan sentiment and became the first female exe- cuted in America.

From infancy to childhood to adulthood, we are consistently taught behavior through modeling by our families and other social institutions that influence us; those lessons, in turn, have a lot to do with decisions we make. An anthropologist might say that we are subject to cultural controls—that is, control through values deeply inter- nalized in the minds of individuals who belong to a certain culture.

As populations increase and individuals become less influenced by family or cul- tural controls, however, face-to-face methods of controls might not deter inappropri- ate behavior as often as expected. In such circumstances, laws need to be established and written down (so that people can become familiar with them); extending the same thought process, methods of social control should be devised to enforce those laws. Thus, as conflicts arise among various members and between various institutions, “a more formal, rationally thought-out method of social control is necessary.” 16

Although there may be some disagreement about the need for and form of laws, at some point, whatever form a society’s political organization takes—from chiefdom to states—and whatever else it might do, maintaining social stability emerges as one of a political organization’s primary missions. Formal controls intended to resolve conflicts that produce social disorder are called laws.

The Code of Hammurabi

One of the earliest systems of law was developed by King Hammurabi (1728–1686 B.C.E.) in Mesopotamia almost 3,000 years ago (1780 B.C.E.). The Code of Hammurabi was developed to regulate behavior through 282 codes (collectively called Babylonian

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Law) that dictate rules and punishments. The codes focus on theft, agriculture (shep- herding), property damage, women’s and children’s rights, slaves’ rights, murder, death, marriage, and injury. Punishment varied depending on the status of the offender and the victim (i.e., free versus slave). Of interest, Babylonian Law made no excuses or explanations for mistakes or fault. The Code of Hammurabi was openly displayed for all to see, although few people of that era could read.

The maintenance of social order through laws (such as the Code of Hammurabi) requires some kind of an institution that can enforce the legal rules created by the state or a method of social control.17

Methods of Social Control

Externalized social controls are designed to encourage conformity or compliance to laws.18 To be effective, any kind of regulations or laws must be enforced, and it is safe to say that early societies with laws probably had enforcers, too. Laws can be considered a social control agent, and enforcing those laws requires a method of social control to make people accountable.

Methods of social controls are systematic initiatives to moderate or suppress conflict in a society or community.19

As a way to suppress unwanted conflict and behavior, primitive civilizations relied on gossip, criticism, fear of the supernatural, loss of respect, loss of status, physical isolation, and family intervention. Advanced civilizations are more sophisticated and incorporate informal and impersonal relationships centered in privacy and individualism; written laws and remedies are employed as guides to appropriate behavior and consequences.

Of course, a utopian society might potentially exist that does not require a process of social control, but that is highly unlikely because an analysis of methods of social control must begin with a description of an activity that has been experienced by every community on the earth—crime. The definition of “crime” depends on the civilization and varies from group to group, from nation to nation, and from generation to gener- ation. As a consequence, criminal activity is described in different ways at different times in different groups. Are there universal wrongs—things that are considered criminal in nature for every society, no matter when the society existed? Probably not, but what you need to know right now about crime is that it is a natural kind of society activity and “an integral part of all healthy societies,” according to Emile Durkheim.20

All societies have crime, and most societies attempt to do something about it.

At the core of all civilized societies are laws that attempt to regulate behavior including the behavior of the government itself.

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Police in Ancient Athens and Rome 41

Controlling Crime

History informs us that crime has never been stopped. Thus one recommendation for dealing with crime is to control it:21

It stands to reason that if pathological (criminal) behavior in every society var- ied then the likelihood is that laws and enforcement techniques varied, too. Crime and enforcement techniques or what can be referred to as the police are understood within the historical content of the civilization.22

Police in Ancient Mesopotamia and Egypt

Institutionalized keepers of the peace were well known in ancient civilizations, partic- ularly in Western and Middle Eastern cultures. For instance, institutions and persons devoted to the security and preservation of their ruling regimes were active 6,000 years ago in Mesopotamia.23

Clandestine and covert operations may be among the most intriguing aspects of crime, but the history of espionage is perhaps better described in terms of the evolu- tion of the more mundane components of the trade. Throughout history, intelligence has been defined as the collection, selection, analysis, and distribution of strategic information. Its existence implies that keepers of the peace might have duties other than ensuring public safety and social order. For instance, early Egyptian pharaohs employed agents of espionage to ferret out disloyal subjects and to locate tribes outside the “empire” that could be easily conquered and enslaved.

The police force in ancient Egypt (approximately 2000 B.C.E.) were not an exten- sion of the army, but rather was established to enforce the orders of the “gods.” 24

Ancient Egyptian police were also tasked with the protection of the weak and control of the criminals through apprehension and administration of justice. They were not looked upon as a hostile body, but rather as guardians and protectors of law-abiding communities. In rural areas, police banished troublemakers and persuaded (physical force was appropriate) the population to pay tribute (taxes). They administered corpo- ral punishment as needed. In addition, some police patrolled desert frontiers with trained dogs to track problematic nomads and escaped slaves.

Nomadic herdsmen called Medjay (or Medjai) from Nubia became part of the Egyptian police force in the Eighteenth Dynasty (1550–1292 B.C.E., a period during which Tutankhamen ruled, one of Egypt’s most famous pharaohs).25 The Medjay served in Egyptian armies and were respected as archers. Those who entered police service protected towns in western Thebes, officials, and the royal tombs (including those under construction). Their tasks included protecting the safety and ensuring good behavior of the workers. These police were also charged with protecting workers from invaders, acting as messengers, interrogating thieves, being witnesses for admin- istrative functions, and inflicting punishment.

Police in Ancient Athens and Rome

The term “police” was derived from the Greek politiea, relating to the concept of gov- ernment citizenship, or polis, meaning “city.” Both Greek words applied historically to the exercise of civic or collective authority (hence the origins of the word “politics”). In

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ancient Athens, a body of public slaves known as Scythian archers (from the Caucasus Mountain regions) lived in barracks and were supervised by eirenarchs (“magistrates of the peace”). The magistrates’ duties covered only certain aspects of criminal activity; however, if their duties mirrored those of their predecessors in early civilizations, one of the magistrates’ most important roles was to spy on groups that opposed established power.

Ancient Rome, which had an estimated population of 1 million people, was the largest city in the ancient world. In spite of the glories of the Roman legions and the affluence of the empire’s wealthy social class, most Romans were poor and lived in crowded conditions that in recent centuries have engendered well-documented crime and violence.26 Most often, public slaves performed tasks generally associated with enforcement officers and toured unruly parts of the city. When they came upon trou- ble, they also administered punishment. Nevertheless, these slaves had neither the authority nor the resources to act as a true police force. To legitimize their authority, the magistrates who controlled the enforcement slaves depended on the acceptance by the citizens of their political institutions and the men who operated them.27 Distur- bances and disputes between citizens were left to them, their families, and their friends. Small-scale disturbances were resolved locally by neighbors and passers-by, who were expected to take sides and usually did so.

In the late Roman republic, emperors bestowed more authority on enforcers.28

These latter-day forces consisted of urban cohorts, which were commanded by a high- ranking city official, and the vigils urbani, a corps of 7,000 freed slaves under an eques- trian prefect, whose principal tasks were to act as a fire brigade and to suppress public disturbances. Many Roman cities had fire brigades, but when they were seen as poten- tially subversive, their power and equipment were limited.

None of the police groups described thus far was involved in routine enforcement responsibilities. Instead, routine enforcement of laws and customs were the province of private citizens and their families.

Police in Early Western Europe

For centuries, few social organizations included an enforcement agency. If and when institutionalized forces were ultimately established in early Western Europe, their pur- pose was typically to protect the church from heretics (as opposed to buildings). Other than raising armies against invaders, from medieval (300–1000 A.D.) to nineteenth- century Europe, inside the boundaries of the community citizens fended for them- selves in a manner similar to that followed by their counterparts from the Roman Empire. Families and larger kinship groups assisted and protected their members. As a result, violent crimes went virtually unreported. Even so, it is estimated that violent crime rates were very high in preindustrial Europe.29

Institutionalized police systems for individual protection would have to wait until the eighteenth century, when England and France would lead the way in establishing police forces. With the formation of true police systems, violence decreased, but theft and property crimes increased. With the rise of state government, crime control and punishment were taken out of the hands of citizens and placed among the affairs of the state. If the general population held the right to punish those who harmed them, then what role would government play in their lives?

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Police and Centralization in England 43

Police and Centralization in England

With the emergence of centralized governments, recognition of the public’s responsi- bility for societal welfare and methods of social control grew, too. For instance, Great Britain’s Alfred the Great (870–901 A.D.) developed a system that required citizens to be responsible for their own conduct and the conduct of others.30 Peasants were finan- cially obligated to catch criminals.31 The “mutual pledge system” was established. Under this system, upon receiving a report of a crime, everyone in the community had to raise a “hue and cry.” If the Crown’s subjects failed to catch an offender, the Crown’s collectors would punish the incompetents with a royal fine. Clearly, the intent was to force the entire realm to play the role of the police.

American policing is rooted in English tradition. For instance, freedom was the revolutionary spirit that inspired the Magna Carta, which was signed by King John in 1215 as a means to counteract his fear of an uprising among barons and the people.32

The Magna Carta was a charter of ancient liberties guaranteed by a king to his subjects; the Constitution of the United States is the establishment of a government by and for “We the People” guaranteeing liberty too which guides American policing in the twenty-first century. Also, Edward I (1272–1307) created the first official police force in large English cities to protect residents against fires, particularly those occurring at night. His successor, Edward II, established the Justice of the Peace Act of 1327 to assist the sheriff in his enforcement activities; the enforcers created by this Act served war- rants and detained criminals until the arrival of a judge. This system worked well until the growth of large cities, civil disorder, and increased crime led to changes in the sys- tem. Unfortunately, changes in law enforcement responses were often swift and brutal.

Policing in Fifteenth-Century England

The use of frankpledges compelled all males 12 years of age and older to serve in a quasi-police role.33 Each person was sworn to protect other citizens and, as part of his duties, held official authority to hold an offender in custody while the accused person was awaiting trial.34 These individuals formed a group of nine called a tything; ten tythings were grouped into a hundred and took direction from a constable appointed by the local nobleman.35 The constable is considered the first official with true law enforcement responsibilities in England. If any tything member failed to perform, severe fines were levied on all the tything members.

Thus citizen groups were obliged to control any group member who committed an unlawful act. This style of controlling criminal activities emerged in England after 1066 partly as a result of the Norman Conquest and persisted for several hundred years.36

One way to describe the period’s policing is to say it was a collective responsibility, but this would change leading to feelings of suspicion among the population.

Policing in Eighteenth-Century England

Accounts in England (and France) report that the law enforcement system developed after the Norman Conquest was viewed by the public as a sinister organization devoted to enslaving the masses.37 Citizens looked upon the police with suspicion, and many people believed that the police were secretly surveying and controlling citizens. Some influential British writers suggested that the police should be restrained and their focus

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should be on civil preventive actions, with justice and humanity being the key under- pinnings of the police system, and the general security of the state and its individuals being its ultimate objective.

At the same time, and of equal concern, England (and all of Europe for that mat- ter) was a very violent place to live. For instance, research suggests that there were 20 homicides for every 100,000 inhabitants from the thirteenth to the nineteenth cen- turies in England—an astounding rate. Eventually, that number declined, reaching approximately 5 homicides per 100,000 population in the twentieth century. Ironically, capital punishment in England declined in tandem with capital crimes, which implies that the death sentence can enhance crimes of violence among certain populations.38

(Today, the United Kingdom reports 19 homicide victims for every 1 million citizens, with a clearance rate of almost 95 percent.39)

During the eighteenth century, old systems of law enforcement in England col- lapsed. In general, industrial progress—such as that experienced during the Industrial Revolution—tends to promote crime, poverty, and conflict between social classes com- posed of what can be referred to as the “haves” and the “have-nots.” London had grown into a large industrial city that overwhelmed the capabilities of citizen-led law enforce- ment. Policing in the English countryside was in shambles. The watchmen were largely ineffective, the constables in the towns and cities found it impossible to maintain order, and decent people employed bodyguards to protect them and their posses- sions.40 Highway robbers infested the roads, and corruption was rife among magis- trates and judges. In 1780, the Gordon riots—a clash between Irish immigrants and English citizens—provoked a 50-year debate over the need for social control. The Eng- lish crown also faced another supreme indignity reflecting its poor enforcement meas- ures—its loss of control over the rebellious Americans.

Policing in Nineteenth-Century England: Establishment of the London Metropolitan Police

Despite the public’s suspicion about its solution to the issue of public safety versus individual liberty, Parliament approved the London Metropolitan Police Act in 1829. This Act created the London Metropolitan (Metro) Police under the guidance of Sir Robert Peel (from whom the term “bobby” originated). Peel, who later became prime minister of England, set forth the following principles on which the police of that day were based.

Police Principles as Dictated by Sir Robert Peel

1. The basic mission for which the police exist is to prevent crime and disorder as an alternative to the repression of crime and disorder by military force and severity of legal punishment.

2. The ability of the police to perform their duties is dependent upon public approval of police existence, actions, behavior, and the ability of the police to secure and maintain public respect.

3. The police must secure the willing cooperation of the public in voluntary observance of the law to be able to secure and maintain public respect.

4. The degree of cooperation of the public that can be secured diminishes, pro- portionately, the necessity for the use of physical force and compulsion in achieving police objectives.

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Police and Centralization in England 45

5. The police seek and preserve public favor, not by catering to public opinion, but by constantly demonstrating absolutely impartial service to the law, in complete independence of policy, and without regard to the justice or injustice of the substance of individual laws; by ready offering of individual service and friendship to all members of the society without regard to their race or social standing; by ready exercise of courtesy and friendly good humor; and by ready offering of individual sacrifice in protecting and preserving life.

6. The police should use physical force to the extent necessary to secure obser- vance of the law or to restore order only when the exercise of persuasion, advice, and warning is found to be insufficient to achieve police objectives; and police should use only the minimum degree of physical force that is necessary on any particular occasion for achieving a police objective.

7. The police at all times should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and that the public are the police; the police are the only members of the public who are paid to give full-time attention to duties that are incumbent on every citizen in the interest of the community welfare.

8. The police should always direct their actions toward their functions and never appear to usurp the powers of the judiciary by avenging individuals or the state, or authoritatively judging guilt or punishing the guilty.

9. The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with them.41

Peel’s London Metropolitan Police exemplified three relevant components of policing that ushered in the era of modern policing:

• New mission associated with the police: crime prevention and deterrence • Strategy: prevention can be achieved through police visibility—patrol • Organizational structure: military model—uniforms, rank system, and, most

important, the authoritarian system of command and discipline

Peel’s idea was to forge policing into a system—that is, to institutionalize it. Prior to Peel’s participation, policing was unsystematic, police appeared only to resolve con- flicts (if they appeared at all), and citizens achieved justice on their own. In fact, the law in England during the time required males to own weapons to protect themselves and their family members.

Peel’s colleagues included Henry Fielding, who made an effort to prevent crime by encouraging the public to report crimes and to give descriptions of the criminals.42

Field’s office was on Bow Street, where he trained six officers. These officers arrested many criminals and became known as the Bow Street Runners. They wore no uni- forms, but their reputations made them revered as one of the first criminal investiga- tion units. When Henry Fielding retired, his brother Sir John Fielding (known as “The Blind Beak,” because he was blind and could identify more than 3,000 criminals by the sound of their voices) formed the Bow Street Horse Patrol. These mounted patrol offi- cers wore uniforms that resemble the ones worn by their present-day descendants.

For most of the past thousand years, Great Britain had rarely had a visible police agency until Peel came along. It was the British model that the Americans tried to imi- tate, albeit with a twist—limited police power through fragmentation (see Chapter 6).

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Police in Colonial America

Many of the American colonists had departed England in part to escape a tyrannical government, and it goes without saying they were apprehensive of any future govern-

ment intrusion. Individual liberty took precedence in the New World: freedom, discretion, and participation in all governmental decisions.43

As part of this perspective, they viewed the organized police force in England (and in early America) with great suspicion because of “its potential for despotic control over citizens and subjects.” 44

From the time the first colonies were established in eastern North America (such as Jamestown, Virginia, in 1607) until the United States became a separate nation, numerous changes took place that affected American attitudes toward crime and crime control.45 For instance, the New England Puritans attacked family violence with law enforce- ment that incorporated the combined forces of community, church, and state.46 As early as 1599, an English Puritan minister argued that a wife beater should be whipped and called upon the biblical verse citing “an eye for an eye” as justification for his punishment.

The colony of New Haven enacted the first American law against family violence (incest punished by hanging) in 1639. Despite the establishment of such laws, there were no paid policing positions in early colonial life. Those who enforced the law and who carried out punishment (often the same person) earned their keep through cor- ruption. Sheriffs collected taxes, set elections, and maintained bridges and roads; and watch patrols dealt with fires, crime, and public disorder. The law enforcement service—regardless of who delivered it—was inefficient, quality of life or order main- tenance was nonexistent because officers were so ill equipped, and public services were lacking because officers were paid out of the fees they levied—even jailers produced incomes from those they confined. Not surprisingly, this decentralized and demoral- ized system was characterized by both corruption and political interference.

Colonists (including Boston’s Puritans) saw government as a potential means of oppression. Consequently, the government that they laid out in the U.S. Constitution limits arbitrary governmental intrusion and safeguards privacy.47

Old English suspicions resurfaced in America, as colonists took on the liberty- versus-government debate. At the same time, the colonists brought the preexisting sys- tem of justice with them as part of their cultural baggage, including English common law, the court system, and ideas about punishment and enforcement of the law.48 Chaf- ing under the authority of the English government, they eventually rebelled.

The colonies that later became the United States were established during a wave of English exploration and settlement that saw roughly 10 percent of England’s popula- tion immigrate to the New World in an attempt to avoid government treachery, cir- cumvent religious restrictions, and compensate for limited opportunities at home. Although Spain, Portugal, and France initially dominated expansion into the Americas (producing conflict and warfare along the way), England saw its colonies as a safety

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Police in Colonial America 47

valve—that is, as a means to relieve itself of the pressure exerted by a rapidly growing population. Despite the diversity that now characterizes the United States, those indi- viduals of Anglo (individuals whose first language is English) descent designed the U.S. Constitution.

Attempts to Deal with Urban Uprisings

In colonial America, when civic disturbances occurred, they were handled informally. If disturbances continued, unarmed city watchmen were called upon for help. When large riots occurred, the militia was called.

Urban uprisings and a breakdown of the existing law enforcement system prompted a reconsideration of the means used to deliver police services. For example, dramatic economic conditions were the backdrop for early Boston, which was “inclined to riots and tumults” in 1707.49 As far as the New World goes, Boston is the 300-year-old leader in violence and rioting: It was the scene of 103 major riots from 1701 to 1976, not including the much-studied Revolutionary-era riots. Early riots in Boston (and New York City) tended to involve immigrants who felt ignored by the political and wealthy elites; the poor and powerless wanted to make their voices heard and demanded social or economic gains. The histories of Boston and New York City are full of stories of riots in which racial, socioeconomic, and religious or ethnic groups were pitted against one another in a battle for power, access, and scarce resources. The ethnic identity of rioters over time followed the timeline of each group’s arrival in force to those cities—waves of new immigrant groups led to waves of riots involving the new residents as they sought to carve out their own turf. Given the discontent, an organized police force to control the rioters was the order of the day.

Colonial policing systems also included an incompetent night watch system lim- ited to urban communities such as Boston, Philadelphia, and New York City as early as 1684.50 The night watch usually consisted of night-time surveillance of “fires, suspi- cious individuals, riots, and other incidents requiring immediate attention.” 51 Mem- bers of the watch also “raised the hue and cry” and maintained street lamps, much as their counterparts had done in early British history.52

Some cities attempted to improve these local police systems. For example, in 1801, New York passed an ordinance that regulated the fees paid to constables and night watchmen. For instance, serving a warrant was worth nineteen cents and serving a summons was worth twelve and a half cents.53 If any night watchman slept at his sta- tion or committed an act of violence except as was strictly necessary in the execution of his duty, the watchman was severely disciplined.

The Emergence of Private Police

While city night watchmen “hued and cried,” private enterprise was encouraged by the rise of bounty (well-paid) hunting. Many heard the siren song of this opportunity, and some developed large enforcement organizations—a trend that continues today in the form of such corporations as Blackwater USA and Wackenhut Services (check their websites and Chapter 4 for details on privatization of policing). In the nineteenth cen- tury, private agencies such as Wells Fargo and Pinkerton hunted down offenders and guarded private property and railroads, while public police that were employed by gov- ernment dealt with menial tasks, producing the impression that they were backward characters—more or less simpletons.54

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48 CHAPTER 2 Historical Accounts of American Police

Early American Policing Services

In the nineteenth century through part of the early twentieth century, policing was a hierarchical organization, and the uniformed visibility of officers made them civil ser- vants of general resort. For instance, policing services during this era included a wide range of social services—running soup kitchens, inspecting boilers, standardizing weights and measures, recovering lost children, providing jobs for wayward girls as domestics, and providing overnight housing for thousands of homeless people.55 Even- tually, organized charities took over those tasks. Not until the middle part of the twen- tieth century did policing focus on crime control.

The primary concern of early police services was to protect property and industry of the elites in New England, New York City, Baltimore, and Philadelphia. Northern industrial cities such as Chicago and Detroit put strike breakers in jail, while western cities such as Austin and Dodge paid marshals to “law up” vagrants and drifters.

Eventually, the elite social classes recognized the advantages to be gained by con- trolling local police efforts. That is, while the police in the East and Northeast snuffed out fires and cooled down riots, Southern plantation owners realized how influencing the police enterprise could benefit their own operations.

Police and Slavery

Slaves were captured and transported by both French and British slave ships in large numbers, and not just to North America:56

• French slave voyages: 4,200; British North America/United States slave voy- ages: 1,500

• Slaves transported by French slave ships: 1,250,000; slaves transported by British North America/United States ships: 300,000

• Slaves delivered to French West Indies: 1,600,000; slaves delivered to British North America/United States: 500,000

In the history of the Atlantic slave trade, French slavers turned four times as many Africans into slaves as Americans did, they used those slaves far more brutally, and they continued the slave trade long after the rest of Europe had given it up.57 For example, slaves supplied by the French to the French West Indies worked until they died and were immediately replaced.

Slave resistance took many forms in the colonial period, but it did not often result in outright rebellion until later in American history, particularly in Louisiana (and largely French West Indies) and plantations supplied by French slavers. How could a local peace officer in Louisiana or anywhere in the South deal with a slave-related issue, such as rebellion or runaways? One answer might be that peace officers aided those who could provide them with amenities of sorts—namely, the wealthy plantation own- ers who relied on slaves to prosper. Ultimately, Southern cities such as New Orleans, Charleston, Mobile, and Atlanta developed “slave patrols” to control the movement of slaves, indentured servants, and poor whites.

The first publicly funded municipal police departments in America were estab- lished in the South to protect the property of those who owned property and slaves.58

Nevertheless, slaves were also present in the Northeast in large numbers, with slaves in Boston accounting for 10 percent of all American slaves, those in New London

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Police and Slavery 49

accounting for 9 percent, and those in New York accounting for 7.2 percent.59 In fact, prior to the Revolutionary War, New York City was the second-largest urban center of slavery, after Charleston, South Carolina.60

Policing helped institutionalize slavery. A letter sent in 1720 to London illustrates the fear produced in those who attempted to contain a large number of people with brute force:

I am now to acquaint you that very lately we have had a very wicked and bar- barous plot of the design of the Negroes rising with a design to destroy all the white people in the country and then to take Charles Town in full body but it pleased God it was discovered and many of them taken prisoners and some burnt and some hang’d and some banish’d.61

Slavery in South Carolina and the Stono Rebellion

Slaves did arm themselves in South Carolina in 1739. In September of that year, a group of 20 slaves attacked a general store and severed the clerks’ heads, leaving them on the front steps of the store.62 They then marched in the direction of Spanish Florida, where they believed they would be set free. Along the road, they attacked and burned plantations, killing several white men, women, and children. The band also recruited other slaves to join them and, as they moved south, their numbers grew. Finally, a group on horseback attacked the slaves, killing many of them and driving the rest into the hills.

After the Stono Rebellion of 1739, the South Carolina legislature passed a series of repressive laws—including those establishing slave patrols—that sought to eliminate the possibility of revolt by slaves in the future. The fears of some South Carolinians

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about the threat posed by slaves were heightened by the fact that blacks were the majority population in that state in the early 1700s. Many of these individuals were immune to the many lowland diseases that led to higher mortality and morbidity rates among European settlers. Interestingly, the sickle cell trait (associated with the disease sickle cell anemia) increased Africans’ resistance to malaria and proved to be an advan- tage in colonial America.63

In a letter dated October 5, 1739, less than a month after the Stono Rebellion, Lieu- tenant Governor William Bull reported to Britian’s Board of Trade, informing them of the revolt and updating them on the status of the rebels. Bull, who had personally spread the alarm regarding the revolt, also requested that rewards be offered to Indians who helped re-capture the slaves.63

Policing a Slave City: New Orleans and Charleston

The most distinctive features of the early southern police departments in New Orleans (as well as the police departments in Charleston, Mobile, and Atlanta) were the officers’ military uniforms, formidable weapons, and wages (rather than fees or compulsory unpaid services); around-the-clock patrolling and unification of day and night forces came later.64 Southern police interaction with the public—which included whites and blacks alike—was conducted in a systematic manner; that is, the police patrolled in squads resembling military sweeps, rather than having a single officer on patrol, long before Boston or New York City institutionalized their police departments. New Orleans officers were often mercenaries drafted from the Spanish, French, and Ger- many armies, many of whom spoke little English.

The need to control slaves and a fear of a slave rebellion fueled many of the mili- tary police initiatives in the South. To control the slave population, the city guard made mounted night patrols in squads to the beat of the drum, stopping any slave without a pass and dispersing “nocturnal dances.” 65 They also inspected slave huts on the planta- tions and confiscated weapons.

New Orleans was not the only southern city to establish a strong police force with a martial configuration. Charleston created a city guard in 1783. Members of the guard marched forth in mounted squads, wore uniforms, carried weapons, and swept the streets at night. When they confronted any individual (white or black), it usually ended as a tragic experience for that person.

James Stuart, a British visitor to the United States in 1830, said that the “appear- ance of an armed police, Charleston and New Orleans do not resemble the free cities of America.” Some described the Southern police as a “guard of soldiers” who paraded the city during the day and at night assumed the appearance of a great military garrison.66

In cities such as New Orleans where free blacks and slaves numerically outnum- bered other racial groups (especially the French and Anglos), the reliance on a “city guard” furthered the best interests of the business owners and wealthy. Some reports show to confront the perceived domestic danger, the ratio of “officers” per 10,000 urban population was greater than in the North, particularly during the late antebellum period. However, as brutality, corruption, and violent face-to-face altercations were arbitrarily visited on various individuals, reform of these forces was demanded. Police orientation would ultimately change from a system characterized by military authority and perspective to one governed by civil authority. While slave patrols have certainly

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Police in Nineteenth-Century America 51

vanished today, there are nevertheless strong rumblings among police organizations that suggest they might like to revert back to the military style of previous initiatives.67

The Dred Scott Decision

The U.S. Supreme Court’s decision in the Dred Scott case in 1857 legally denied sanctu- ary to runaway slaves to Canada and Mexico. As it made its way to the western frontier, policing systems sprang up to enforce this ruling. In fact, one of the early primary tasks of the Texas Rangers was to retrieve those slaves and return them to the South.

In the Dred Scott decision of 1857, the U.S. Supreme Court, led by Chief Jus- tice Roger B. Taney, declared that all blacks—slaves as well as free blacks— were not and could never become citizens of the United States. The court also declared the 1820 Missouri Compromise unconstitutional, thereby permitting slavery in all U.S. territories.68

Police in Nineteenth-Century America

Policing Immigrants and “Street Arabs”

In 1853, the United States began surveying railroad routes to the Pacific, mapping four different paths to be followed by trains. Poster, flyers, and advertisements went out to Europe and the rest of the world, extolling the virtues of coming to America and get- ting “free land.” 69 Agents of steamship lines and minions of the railroad companies attracted thousands of immigrants to the United States by describing the country with phrases such as “the land of opportunity,”“land of a second chance,” and “land of milk and honey.” Their efforts were certainly successful: The United States welcomed more than 4.3 million newcomers—many of them children—between the years of 1841 to 1860. Ellis Island in New York processed 2,251 immigrants in its first day of business. In 1907, a record number of immigrants were admitted to the United States—nearly 1.3 million people in a single year.70

Many of the new immigrants settled in cities, rather than journeying farther into the western frontier. The jostling for space in major cities, as these new Americans sought to find housing and employment, sometimes resulted in riots and violence, as mentioned earlier in this chapter. From 1849 to 1863, for example, a dozen major riots occurred in Detroit, as well as probably a dozen other minor ones.71 Most of these dis- orders occurred in or near the immigrant residential neighborhoods that were then forming in a variegated and compact urban environment. People attacked what they saw as serious threats to the neighborhood communities they were trying to establish. In Detroit, for example, houses of prostitution had no place on the German- dominated outer east side in the late 1850s. By the standards of the time, Detroit in 1880 was a model of law and order. No longer did mobs, corner toughs, and lurking garrotters preoccupy the citizens as they had before.72 If much of this transition had to do with the greater feeling of security and the image of order provided by the profes- sional police force, it also reflected the fact that serious crime and disorder had

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declined markedly. In the 1850s and 1860s, Detroit’s spatial development had con- tributed to the breakdown in law and order and increased the anxiety of respectable Detroiters. By the 1870s, the city had alleviated neighborhood tensions, created few new environments especially conducive to criminal activity, and helped make it possi- ble for police to serve as an effective deterrent to crime.

In some areas, the rapid urban growth created numerous problems. Immigrants crowded into urban neighborhoods where their children filled public schools and mas- tered diverse street trades.70 Living conditions for immigrants were difficult, in part because jobs for immigrants soon became scarce and labor was cheap (the supply of labor far exceeded the demand for workers in major cities).73 Without extended family members (grandparents, aunts, uncles) to rely upon in times of need, young families fell apart. Children as young as six years old worked to help support their families. Food became scarce. Job safety was not a priority, and many men were killed in acci- dents at sea and at other places of work; the women and children they left behind then had to make their own way as best they could. Diseases from living in unsanitary quar- ters led to the early deaths of many overworked mothers.

Institutions and organizations geared up to deal with the requirements of immi- grants and their children, and public funds were spent in every area of urban life to help them cope. Orphanages were built to care for as many children as could possibly be taken in. Adults could pay for their care on a weekly or monthly basis but if the pay- ments stopped, the child became a ward of the court and was “disposed” of as the social workers saw fit.

Not surprisingly, perhaps, many children slipped through the cracks. In 1854, the estimated number of homeless children in New York City was approximately 34,000. Many of those children had been thrown out of their homes, were runaways, or were simply trying to survive after their parents died. Their conditions were deplorable: Many were near starvation, few had warm clothing, and almost none had any medical care.74

Among the “Street Arabs” of New York there are many distinct characters of peo- ple. Embraced under the head are to be included pickpockets, beggars, and pros- titutes that prey upon the populace, as well as the itinerant sellers, buyers, etc., who profess to make some return for what they receive; but it is only from the latter class that our present illustrations are selected. These are to be seen every day in the streets of the city.75

These homeless children, who became known as “street Arabs,” were soon added to the stereotypes of “the dangerous class.” 76 Because they faced the threat of street vio- lence, many of them formed gangs as protection; soon, the gangs were a growing prob- lem for police. Of course, some children were arrested; even those as young as five years of age were often thrown in jail with adults.

Policing the American Frontier

Although gangs certainly existed in the Wild West, some notorious criminals actually came from the ranks of the police. The Dalton Gang, for example, comprised of law- men who became train robbers in the Indian Territory.77 Other criminals known for their daring exploits along the western frontier included the Younger Brothers, who

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Police in Nineteenth-Century America 53

rode with Jesse James, who made himself a spokesman for the renewal of the Confed- erate cause during the bitter decade that followed Appomattox.78

The ultimate responsibility for maintaining order in the Old West belonged to men armed not with guns but with gavels—that is, the judges. Of these powerful judges, Roy Bean of Texas is perhaps the best known.79 A corpulent, bull-voiced saloonkeeper and gambler, Bean tried cases between deals of poker, and he regularly recessed trials to sell liquor to counsel, jury, and defendant.80 Even before Bean became an official justice of the peace, the Texas Rangers brought him suspects for his court. Bean knew a smattering of law and ignored any statutes he personally disliked. While he never held a higher position than justice of the peace in a desert hamlet, he grandly titled himself, with some accuracy, as the “law west of the Pecos”—the river that ran 20 miles east of his saloon.81

Law enforcement rode into Dodge City with the advent of respectable officers as W. B. “Bat” Masterson, Ed Masterson, Wyatt Earp, Bill Tilghman, H. B. “Ham” Bell, and Charlie Bassett. The city passed an ordinance stating that guns could not be worn or carried north of the “deadline”—that is, the railroad tracks.82 Dodge City acquired its reputation for being tough on crime through both the actions of its lawmen and the growth of Boot Hill Cemetery, located just outside the city limits.

Marshal Bass Reeves was a heroic black lawman whom thieves and outlaws, includ- ing the Dalton Gang in the Indian Territory, could not kill. Over time, however, he was practically eliminated by scholars of frontier history.83 Nevertheless, Reeves’s capture of many outlaws throughout the Oklahoma Territory is well documented, and some suggest that his “law’en up” activity was the basis for the legendary Lone Ranger.

Elfego Baca, another obscure “lawman,” was born just before the end of the Civil War. He appointed himself deputy sheriff in Socorro County, New Mexico.84 Baca’s

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goal was to be a top-notch peace officer: He wanted, he said, “the outlaws to hear my steps a block away.” 85 In one famous encounter, Baca arrested one of a group of cow- boys, resulting in a standoff with 80 outlaws. After 36 hours, the attack ended and Baca walked out of the house unharmed. At the age of 29, Baca became a lawyer. Later he also became a Deputy United States Marshal, an assistant district attorney, and the mayor of Socorro; in 1919, he was elected Sheriff of Socorro County.86

The Texas Rangers

The Texas Rangers are the oldest law enforcement organization in the United States with statewide jurisdiction. They played an effective role in providing crime control throughout the early troubled years of Texas, and later served as a model for many other statewide enforcement agencies. Over its long history, the Ranger Service has changed its organization and policies to satisfy varying conditions, different demands for service, and changing state administrations.87

Stephen F. Austin, known as the “Father of Texas,” first brought 300 families to the then-Spanish province of Texas in 1821. Once there, he organized the settlers to protect and keep order in their new communities. After a period of imprisonment in Mexico, Austin returned to Texas in 1835, where he organized a group of lawmen to “range” and guard the frontier. These Rangers were paid $1.25 per day for “pay, rations, cloth- ing, and horse service,” and they enlisted for one year at a time.

After the Texas Revolution of 1835–1836 and until 1840, Rangers were used princi- pally for protection against Native Americans, participating in the Council House Fight in San Antonio, the raid on Linnville, and the Battle of Plum Creek, among other skirmishes. Rangers aided their Southern allies in slave patrols; indeed, their active involvement in this initiative provided a source of solidity for the Rangers. The darkest period in the history of the Rangers came during Reconstruction (1865–1873), when they were ordered to enforce the unpopular carpetbagger laws after the state police fell into disrepute among the war-weary citizens of Texas. Eventually, the Rangers became involved in “detective” work, necessitated by a new group of violators known as fence cutters who perpetrated isolated cases of horse and cattle theft.

On August 10, 1935, the Texas Legislature created the Texas Department of Public Safety. Both the Texas Rangers and the Texas Highway Patrol became members of this agency, with statewide law enforcement jurisdiction.

Police in Twentieth-Century America

George L. Kelling and Mark H. Moore divided U.S. police experiences in the twentieth century into three eras: the political era, the reform era, and the community-based policing era. (Chapter 3 describes the fourth era of policing, which includes the twenty-first century.)

The Political Era (1840–1930)

When policing was first developed in the United States, police chiefs were politically appointed by local politicians; in return, many of those police chiefs helped the indi- viduals who appointed them. This was referred to as a patronage system. Police chiefs had little authority over officers, so consequently some officers became involved in inefficient and sometimes corrupt conduct. Foot patrol was the most common police

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Police in Twentieth-Century America 55

initiative, and the legitimate authority of arrest, search, and seizure was vested in offi- cers. All too frequently, officers’ poor decisions, their lack of training, and awkward cir- cumstances led to illegitimate use of force, false arrests, unwarranted searches, and unlawful seizure.

This “spoils era” of politicization promoted reciprocal political favoritism more often than it achieved crime control. The circumvention of Prohibition, fueled by organized crime, is one example of how abuses of political authority were produced by the link between politics and police.

In 1931, President Hoover appointed General George Wickersham to head the National Commission on Law Observance and Enforcement, which was charged with looking into the problems associated with politicization of the policing function. The Wickersham Commission blamed both police and politicians for the corruption and incompetence, and reform became the slogan of the day.

The Reform Era (1930–1980)

The Wickersham Commission found that the rise of crime occurred largely because police would not or could not provide effective police services owing to the link between officers and local politicians. Any police work that did not relate directly to “crook catchers” was considered suspect.

August Vollmer and O. W. Wilson are credited with advancing the reform move- ment that ended the political era by calling for a drastic change in the way police agen- cies provided police services. Vollmer, who was the police chief in Berkeley, California, started the first college education and training program for police at the University of California at Berkeley. Known as the “father of American policing,” Vollmer called for police to take the following steps:

• Enhance their accountability for their actions and behaviors related to the public • Ensure impartiality in law enforcement activities by not favoring (or disfavor-

ing) any group regardless of its members’ social or political position • Increase the honesty of all police officers by attempting to rid the police service

of corruption and political influence

Wilson, who was Superintendent of the Chicago Police Department, established his own reform efforts, moving his leadership into national prominence. He mini- mized the political connections of his officers and tried to professionalize the police organization by adopting the scientific (classical) theory of administration advocated by Frederick W. Taylor. Two key assumptions of Taylor’s perspective were particularly pertinent to Wilson’s reform efforts:

• Workers (officers) are inherently uninterested in work and, if left to their own devices, will avoid it.

• Workers (officers) have little or no interest in the substance of their work, and the sole interest in common between workers and management is found in eco- nomic incentives for workers.

These two principles produced a division of labor and unity of control within policing. A bureaucratic centralized hierarchy of command was established, and the relationship between police and the public took on a professional distance: The public was to be the passive recipient of a professional crime fighter role. Patrol cars, radios,

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sophisticated initiatives, and federal support helped create the “thin blue line” separat- ing the police from the public.

Despite the gains from increasing the professionalism of police, other problems surfaced for police during the reform era, as Kelling and Moore note:

• Police failed community expectations to control crime. • Fear of crime continued to enhance social disorder. • Impartial treatment was not experienced by all citizens. • Civil rights and antiwar movements challenged police practice and policy. • “Crime fighting” was an activity that was practiced less among police officers

than expected. • Reform ideology occurred largely at police management levels and failed to rally

line officers. • Financial support for police was reduced by a dissatisfied public. • The rise of private security took some policing functions away from the public

police.

American culture also moved faster than police organizations could respond to the changes. Events in the 1960s and 1970s reshaped American expectations about reform whose centerpiece was police professionalism:88

• The rule of criminal procedure reduced police power. • The “counterculture” movement became characterized by recreational drug use

and sexual promiscuity. • Unarmed college students were killed by members of the National Guard at Kent

State University. • Richard M. Nixon resigned as President of the United States. • Civil rights and Vietnam War protests encouraged riots at cities and college

campuses. • Technological advances changed police initiatives and enhanced criminal activity. • Media coverage of violent police practices influenced public sentiment and

encouraged riots.

Taken separately, each of these events might seem insignificant. Collectively, how- ever, they were seen as part of the same pattern. The sometimes sensational media cov- erage of these events led to new problems for police in the 1960s and 1970s:

• Public distrust of police • Lack of financial support for police • Obsolete police practices • Inadequate officer hiring, training, and endurance practices

In 1963, two reports were issued by federal government task forces dealing with the policing issues facing the United States: the National Advisory Commission on Civil Disorders and the National Commission on the Causes and Prevention of Violence. Although the inherent focus of each of these two reports was somewhat different, both yielded very similar findings and recommendations with respect to the police. Four years later, in 1967, the President’s Commission on Law Enforcement and Adminis- tration of Justice released a multi-volume report addressing the wide spectrum of

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Police in Twentieth-Century America 57

issues facing police agencies. One commonality between the three reports was their suggestion that police required greater empathy with the community to solve commu- nity problems and bring the police closer to their mission.

The Community Problem-Solving Era (1980–1995)

In the latter part of the twentieth century, police were encouraged to interact more intimately with the community. Foot, bike, and water patrols were popular police ini- tiatives during this era, and citizens voted to increase taxes to pay for these quality-of- life measures, which were intended to reduce the fear of crime. For most constituents, the higher visibility of officers produced a feeling of greater safety. The greater open- ness between police and public also enhanced trust levels, resulting in higher arrest rates because the public more willingly provided information to investigators.89 These findings led to new opportunities that eventually shaped the new breed of community police initiatives and problem-solving strategies.

A Critical Review of Kelling and Moore’s Model

Among others, Hubert Williams and Patrick Murphy take issue with Kelling and Moore’s historical perspective toward American policing.90

Missing from Kelling and Moore’s Perspective

Williams and Murphy suggest that Kelling and Moore’s interpretation is inade- quate because it fails to account for how slavery, segregation, discrimination, and racism affected the development of police strategies, and how those strategies affected police response to minority communities (as is consistent with the historical accounts of Southern policing provided earlier in this chapter). They argue that legal order may have actually encouraged slavery, segregation, and discrimination, allowing it to thrive. The task of the police was to keep minorities under control, and officers had little incentive to protect them as individuals from crime within their communities. As a consequence, members of minority groups benefited less than others from advances made by the police.

Furthermore, Williams and Murphy suggest that Kelling and Moore neglected to consider the effects of the Reconstruction period upon minorities as part of their model of the political era. This period was marked by both legal and political power- lessness for minority communities in both the North and South, and the police response did little to empower those communities in improving their public safety. According to Williams and Murphy, for these reasons lower-class communities might also have been over-represented in police response accounts.

Williams and Murphy argue that Kelling and Moore’s analysis of policing was largely based on police departments in the northeastern United States. For instance, Southern slave patrols and racially biased laws were never mentioned in the latter’s model, nor was there any mention of the racial and minority police practices in the Northern and New England regions of the country. Most of Kelling and Moore’s ideas emphasize the importance of early American history in setting the tone for the rest of U.S. history and reflect an Anglo, white, twentieth-century bias toward urban white conditions such as those found in Boston, Chicago, Detroit, and New York City. The many other police departments and enforcement agencies across the nation receive lit- tle, if any, mention in these authors’ model. Policing was never really isolated, so the

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U.S. system could not have developed within a vacuum or in isolation by itself;91 many agencies undoubtedly picked up ideas from other agencies.

Missing from Williams and Murphy’s Criticism

Other critics add that the reform era, per se, was in effect a time when professional policing became a “true policing strategy,” 92 It developed in the 1920s in response to the failures of the ineffective, corrupt, and brutal policing systems during turn-of-the century America, as mentioned earlier. Kelling and Moore claim that this change repre- sented a turn toward professionalism with a focus on adapting organizational styles employed by corporate America and outside the usual practices of policing.93 It is argued that true “professions” have standards for hiring, training, disciplinary actions, and promotions, and that they have clear goals and objectives. On the path toward pro- fessionalism, policing developed such standards and minimized the role of political cronyism.94 (Chapter 15 explores professionalism in more depth.) Yet, some wonder if policing will ever truly change.

Suggested consequences of the trend toward professionalism of traditional police departments include being pushed out of the business through police privatization, until street officers become nothing more than ghetto fighters in urban jurisdictions across the United States.

Privatization of policing (detailed in Chapter 4) is another major concern for police policymakers. Likewise, another trend of concern is the practice of police agen- cies hiring out to other communities, such as has occurred with the Harris (Houston, Texas) County Precinct 4 Constable’s Office (see Chapter 5 for details). The merging of police organizations from city and county agencies has also created concern; such mergers have already taken place between the Chicago Police Department and Cook County Sheriff ’s Office; the Jacksonville Police Department and Jacksonville County Sheriff ’s Office (see Chapter 5), and the Charlotte Police Department and Mecklen- burg County Sheriff ’s Office, to name a few. How many other agencies will merge in the near future?

Another source of criticism associated with community policing is that it is seen as a justification for saturation policing—that is, an expansion of social control into the lives of populations that is deemed problematic.95 Is it just another form of institution- alized racism? Or is Neil Websdale correct when he argues, “I identify community policing at the heart of postindustrial apartheid. This latest form of policing consti- tutes just one element of a wider strategy of controlling the poor”? 96 According to this view, community policing serves as the “lead filter” in the “criminal justice juggernaut,” which itself serves to control the urban poor and minorities.97 This thought is consis- tent with the findings from a study of the Nashville (Tennessee) Police Department (NPD), in which researchers concluded that the NPD’s community policing program targeted poor inner-city people and was simply used as another police justification to make arrests.98

Despite the skepticism, many excellent results from community-based programs have been documented, including the outcomes of the child development community

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Summary 59

police program in Nashville, which was conducted in concert with Yale University and the New Haven Connecticut Police Department. This program went to the heart of juvenile crime and dealt specifically with many of the problems experienced by youths, such as poverty and health issues. According to researchers, it succeeded: It lowered tru- ancy rates, raised participants’ grades, and improved their quality-of-life experiences.99

RIPPED from the Headlines

Law Enforcement Officers Wanted: Good People for a Thankless Job

Police officers work in situations that most people never experience. They pro- vide 24-hour-a-day, 7-day-a-week protection for their communities. They may work all night, then wait in court all day. Or, they may work all night, when most people sleep, then come home to their families getting ready to start their day. Or, they may work all night, trying to stay awake when things are calm, yet be alert to suddenly respond to a robbery or homicide and handle it properly. Or, they may work all night, aware of the resulting fatigue and poor health that comes from unnatural sleep patterns. Or, worst of all, they may work all night knowing that their families never may see them alive again. Oh, yes, many people work a night shift, but do they face the same situations as police officers?

At times, an officer may be physically tired from trying to subdue a person who will not submit to arrest, from chasing a suspect on foot, from swimming in a cold polluted river to rescue citizens from drowning after their car crashed, from leaning over a ledge on a building high above the ground hold- ing onto a person who was trying to jump off, or from any number of other physical situations that might occur and that most people never experience. These represent only some of the situations that police officers find them- selves in at any time. There are many others. How about sitting down to eat lunch, but immediately having to leave it to respond to an urgent call? How about working and not knowing what danger may occur on the next call? How about getting shot at, seeing the bright glint of a knife blade in a subject’s hand, being attacked by a crazed drug addict, or facing an attacker who is mentally ill? And, what about that “loose nut” behind the steering wheel of a car? Who’s going to stop him? If you’re a police officer, it’s YOU! You who joined the police department because you cared about other people.

Source: Henry P. Henson and Kevin L. Livingston, “Law Enforcement Officers Wanted: Good Peo- ple for a Thankless Job,” FBI Law Enforcement Bulletin 72, no. 4 (2003): 17–18.

Summary

Social order requires a method of social control to enforce laws, which emerged as cen- tralized governments’ response to the need to stabilize society. As a systematic way to moderate or suppress conflict, primitive societies relied upon face-to-face means of con- trolling behavior. Later, more advanced societies turned to written methods of control.

Police performance in ancient Mesopotamia and Egypt was designed largely for the protection and security of ruling regimes. Ancient Athens and Rome utilized the skills of public slaves to control conflict, quell public disturbances, and extinguish fires.

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Violence was pervasive in medieval Europe and England. To deal with this escalat- ing problem, centralized regimes moved crime and punishment into the hands of community members through such strategies as frankpledges and tything. Eventually, centralized control of policing became a reality in 1829, when the London Metropoli- tan Police was established.

Colonists departed England to escape a tyrannical government that curtailed indi- vidual freedoms. They brought their skepticism about centralized government with them to the New World, eventually producing a constitution that restrained arbitrary government intervention.

Early American police initiatives sought largely to quell urban disturbances and to control slavery. At the frontier, the ultimate responsibility for order lay with judges, many of whom were untrained and provided makeshift justice.

In sum, law enforcement activity in early America can be described as decentral- ized, geographically dispersed, and idiosyncratic. Calling the police was considered the last resort. When police intervened in such cases, they often had to use force. At the same time, police provided a variety of social services not related to crime control, though they later relinquished this role.

The political, reform, and community problem-solving eras can be distinguished as means to explain U.S. policing experiences from the 1870s to the latter part of the twentieth century. Critics of this model suggest that it is an inadequate explanation for the evolution of American policing because it fails to take into account the lingering effects of slave patrols and policing in other regions of the country.

Key Terms and Key People

60 CHAPTER 2 Historical Accounts of American Police

Acephelous societies

Code of Hammurabi

Community-based policing era

Dred Scott decision

Frankpledges

London Metropolitan (Metro) Police

Methods of social control

Political era

President’s Commission on Law Enforcement and Administration of Justice

Real natural law

Reform era

Stono Rebellion

Supreme Court Chief Justice Warren Berger

Sir Robert Peel

August Vollmer

Wickersham Commission

O.W. Wilson

Discussion Questions

1. Explain the implications of police history being written by the privileged. In what way could the “privileged” alter actual events?

2. Characterize the emergence of law and its objectives.

3. Describe the rationale that justifies methods of social control.

4. Characterize police performance in ancient Mesopotamia and Egypt. In what way might some of their tasks mirror present-day policing initiatives?

5. Describe police activities in ancient Athens and Rome. What similar conclu- sions were drawn by the ancient Romans and by the nineteenth- and twentieth- century public when they viewed enforcers of the law?

6. Characterize police and centralization strategies in early England.

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Notes 61

7. Identify the methods of social control used by English kings. In what way might a return to any of those practices lead to quality protection in the twenty-first century?

8. Characterize the primary components of Peel’s police principles. Explain which two principles have contributed the most to the quality of police services in the twenty-first century.

9. Describe policing in colonial America and the public’s reaction to those law enforcement efforts.

10. Compare and contrast policing in early urban America and the South. In what way did both styles of policing seek to advance the best interests of a specific group of individuals?

11. Describe policing along the American frontier, including the founding and mis- sion of the Texas Rangers.

12. Explain the three most recent eras of American policing, and identify the importance of each in shaping modern police strategies.

13. Characterize the criticism of Kelling and Moore’s model of the three most recent eras of policing. In what way do you agree and disagree with the critics concerning these three eras?

Notes

1. Randall G. Shelden, Controlling the Dangerous Classes: A Critical Introduction to the His- tory of Criminal Justice, 2nd ed. (Boston: Allyn and Bacon, 2007), 1. Actually this com- ment was first made by Howard Zinn, as Shelden points out.

2. Shelden, Controlling the Dangerous Classes, 2. 3. Peter L. Berger, Invitation to Sociology: A Humanistic Perceptive (New York: Anchor

Press, 1963), 14. 4. Raymond J. Michalowski, Order, Law, and Crime: An Introduction to Criminology (New

York: McGraw Hill, 1985), 45–47. 5. Roger G. Dunham and Geoffrey P. Alpert, eds., Critical Issues in Policing: Contemporary

Readings (Prospect Heights, IL: Waveland, 2001), 1. 6. Dennis J. Stevens, Case Studies in Applied Community Policing (Upper Saddle River, NJ:

Prentice Hall, 2003). 7. Gary Marx, “Technology and Social Control: The Search for the Illusive Silver Bullet,”

International Encyclopedia of the Social and Behavioral Sciences (2001), http://web.mit.edu/gtmarx/www/techandsocial.html (accessed July 9, 2006).

8. American Bar Association, “Chief Justice Warren Berger Address to the ABA” (1981), http://www.abanet.org/ (accessed June 30, 2007).

9. J. Michael Olivero, Cyril D. Robinson, and Richard Scaglion, Police in Contradiction: The Evolution of the Police Function in Society (New York: Greenwood Press, 1991). Also see Marvin Harris, Culture, People, Nature: An Introduction to General Anthropology (New York: Prentice Hall, 1975), 355–356.

10. Lawrence M. Friedman, The Roots of Justice: Crime and Punishment in Alameda County, California, 1870–1910 (Chapel Hill, NC: University of North Carolina Press, 1981).

11. Israel Drapkin, Crime and Punishment in the Ancient World (Lexington, MA: Lexington Books, 1989) 8.

12. David Hunter and Philip Whitten, The Study of Anthropology (New York: Harper & Row, 1976), 62.

13. An detailed report can be found in William A. Haviland, Cultural Anthropology (New York: Harcourt, 2000), 357–387.

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62 CHAPTER 2 Historical Accounts of American Police

14. Emile Durkheim, Durkheim: The Division of Labor in Society, trans W. D. Halls (New York: Free Press, 1933/1984), 58–65.

15. Kathy Warnes, “Quaker Mary Dyer: Twice Under the Hangman’s Noose,” in Famous American Crimes and Trials: Volume 1: 1607–1859, ed. Frankie Y. Bailey and Steven Chermak (Westport, CT: Praeger, 2006), 1–22.

16. Sue Titus Reid, Criminal Law (New York: McGraw Hill, 2001), 3. 17. Michalowski, Order, Law, and Crime, 32. 18. A few paragraphs can provide a thumbnail view on the emergence of law. For a full account,

see Sue Titus Reid, Criminal Law, 1–5, and Michalowski, Order, Law, and Crime, 22–38. 19. Titus Reid, Criminal Law. 20. Emile Durkheim, The Rules of Sociological Method, trans. S. A. Solovay and J. H. Mueller

(Glencoe, IL: Free Press, 1958), 67. This work was originally completed in 1895. 21. Kai T. Erikson, Wayward Puritans (New York: John Wiley, 1966). 22. Gabi Löschper, “Crime and Social Control as Fields of Qualitative Research in the Social

Sciences,” Forum Qualitative Sozialforschung (Forum: Qualitative Social Research) 1, no. 1 (2000), http://www.qualitative-research.net/fqs-texte/1-00/1-00loeschper-e.htm (ac- cessed December 14, 2007).

23. Thomson Corporation, “Espionage and Intelligence Foundations” (2006), http://www. espionageinfo.com/Ep-Fo/Espionage-and-Intel l igence-Early-Histor ical- Foundations.html (accessed July 10, 2006).

24. Anita Stratos, “Feature Story: The Evolution of Welfare” (2003), http://www.touregypt.net/featurestories/war2.htm (accessed July 10, 2006).

25. “Nubian Chronology” (2004), http://touregypt.net/historicalessays/nubiac1.htm (accessed July 10, 2006).

26. Tom Watkins, “Policing Rome: In Fact and Fiction” (1999), http://www. stockton.edu/~roman/fiction/eslaw1.htm (accessed July 10, 2006).

27. T. J. Cornell, “Police,” in Oxford Classical Dictionary (New York: Oxford University Press, 1996).

28. Seba, “Ancient Roman Police” (2004), http://nefer-seba.net/essays/roman-police.php (accessed July 10, 2006).

29. Pieter Spierenburg, The Broken Spell: A Cultural and Anthropological History of Prein- dustrial Europe (New Brunswick, NJ: Rutgers University Press, 1991), 196.

30. Dennis J. Stevens, Community Policing in the 21st Century (Boston: Allyn and Bacon, 2003), 14.

31. Ronald Bums, “Amber Plan: Hue and Cry” (September 2001), http://www.community- policing.org/publications/comlinks/cl16/cl16_burns.htm (accessed July 15, 2006).

32. Magna Carta, “Roger of Wendover” (n.d.), http://www.britannia.com/history/ docs/runnymede.html (accessed November 10, 2007).

33. Curtis R. Blakely and Vic W. Bumphus, “American Criminal Justice Philosophy: What’s Old—What’s New?”, in Crime and Justice in America, ed. Wilson R. Palacios, Paul F. Cromwell, and Roger G. Dunham (Upper Saddle River, NJ: Prentice Hall, 2002), 16–24.

34. Craig D. Uchida, “The Development of the American Police,” in Crime and Justice in America, ed. Wilson R. Palacios, Paul F. Cromwell, and Roger G. Dunham (Upper Saddle River, NJ: Prentice Hall, 2002), 97–101.

35. “Frankpledge,” Online Encyclopedia (2004), http://encyclopedia.jrank.org/ FRA_GAE/FRANKPLEDGE_Lat_francum_plegium.html (accessed July 15, 2006).

36. Uchida, “The Development of the American Police.” 37. Peter Manning, “The Police: Mandate, Strategies, and Appearances,” in The Police and

Society, ed. Victor E. Kappeler (Prospect Heights, IL: Waveland Press, 1995), 97–126. 38. For instance, there were 3,780 executions from 1509 to 1547, or an average of 99 annu-

ally. During the 1548–1553 period, there were 3,360 executions, or an average of 672 per year. The execution rate then declined: In 1625–1649, some 2,160 people were put to

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Notes 63

death (90 people per year); in 1650–1658, there were 990 executions. More than 200 crimes were subject to punishment by execution in the seventeenth century. See Leon Radzinowicz, A History of English Criminal Law, Vol. 1 (London: Stevens and Sons, 1948).

39. Home Office, “Violent Crime in England and Wales” (2004), http://www. homeoffice.gov.uk/rds/pdfs04/rdsolr1804.pdf (accessed July 15, 2006).

40. Devon and Cornwall (U.K.) Police, “The Victorian Policemen: Demise of Old Policing System” (2006), http://www.devon-cornwall.police.uk/v3/about/history/vicpolice/ demise.htm (accessed July 15, 2006).

41. W. L. Melville Lee, History of Police in England (London: Methuen, 1901), Chapter 12. 42. Devon and Cornwall (U.K.) Police, “The Victorian Policemen: Bow Street Runners”

(2006), http://www.devon-cornwall.police.uk/v3/about/history/vicpolice/bow.htm (accessed July 15, 2006).

43. For a closer look at these dynamics, see Blakely and Bumphus, “American Criminal Jus- tice Philosophy.”

44. Craig D. Uchida, “The Development of the American Police: An Historical Overview,” in Critical Issues in Policing, ed. R.G. Dunham & G. P. Alpert (Prospect Heights, IL: Wave- land Press, 1993).

45. Cynthia Morris and Bryan Vila, The Role of Police in American Society: A Documentary History (New York: Greenwood Press, 1999), 1–4.

46. Elizabeth Pleck, “Criminal Approaches to Family Violence,” in Violence and Society: A Reader, ed. Matthew Silberman (Upper Saddle River, NJ: Prentice Hall, 2003), 162.

47. John Mack Faragher, Mari Jo Buhle, Daniel Czitrom, and Susan H. Armitage, Out of Many: A History of the American People (Upper Saddle River, NJ: Prentice Hall, 2005), 361.

48. Stevens, Community Policing in the 21st Century, 3–8; Samuel Walker, Sense and Non- sense about Crime and Drugs, 4th ed. (Belmont, CA: Wadsworth, 2001), 11–12; Samuel Walker and Charles E. Katz, The Police in America: An Introduction, 5th ed. (New York: McGraw Hill, 2008).

49. Jack Tager, Boston Riots: Three Centuries of Social Violence (Boston: Northeastern Uni- versity Press, 2001).

50. Craig D. Uchida, “The Development of the American Police: An Historical Overview,” in Critical Issues in Policing, 4th ed., ed. R. G. Dunham & G. P. Alpert (Prospect Heights, IL: Waveland Press, 2001).

51. Blakely and Bumphus, “American Criminal Justice Philosophy.” 52. Uchida, “The Development of the American Police: An Historical Overview” (2001). 53. “Our Police Protectors: History of New York Police” (2006), Chapter 3, Part 2,

http://www.usgennet.org/usa/ny/state/police/ch3pt2.html (accessed July 22, 2006). 54. David L. Carter and Louis A. Radelet, The Police and the Community, 7th ed. (Upper

Saddle River, NJ: Prentice Hall, 2001). 55. Eric H. Monkkonen, “History of Urban Police,” Crime and Justice 15 (1992), 547–580. 56. Douglas Harper, “French Slavery,” The Sciolist (May 19, 2005), http://etymonline.

com/columns/frenchslavery.htm (accessed July 23, 2006). 57. Harper, “French Slavery.” 58. David E. Barlow and Melissa Hickman Barlow, Police in a Multicultural Society: An

American Story (Prospect Heights, IL: Waveland Press, 2001), 19–21. 59. Lee Lawrence, “Chronicling Black Lives in Colonial New England,” Christian Science

Monitor (October 29, 1997), http://www.csmonitor.com/durable/1997/10/29/feat/ feat.1.html (accessed July 23, 2006).

60. Stanley L. Engerman, Richard Sutch, and Gavin Wright, “Slavery,” in Historical Statistics of the United States, Millennial Edition, ed. Susan B. Carter, Scott S. Gartner, Michael Haines, Alan Olmstead, Richard Sutch, and Gavin Wright (New York: Cambridge Uni- versity Press, 2004).

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64 CHAPTER 2 Historical Accounts of American Police

61. Barlow and Hickman Barlow, Police in a Multicultural Society, 20. 62. Barlow and Hickman Barlow, Police in a Multicultural Society. 63. Africans shaped South Carolina more than any other group through such things as their

knowledge of cattle grazing, rice planting, and clearing. 64. Dennis C. Rousey, Policing the Southern City: New Orleans, 1805–1889 (Baton Rouge:

LSU Press, 1996). 65. Rousey, Policing the Southern City, 16. 66. Rousey, Policing the Southern City, 135–136. 67. Confidential personal communication between the writer and several officers employed

at the New Orleans, Houston, Charleston, and Savannah police departments in spring and summer 2007.

68. The case before the court was that of Dred Scott v. Sanford. Dred Scott, a slave who had lived in the free state of Illinois and the free territory of Wisconsin before moving back to the slave state of Missouri, had appealed to the Supreme Court in hopes of being granted his freedom.

The plaintiff [Dred Scott] . . . was, with his wife and children, held as slaves by the defendant [Sanford], in the State of Missouri; and he brought this action in the Cir- cuit Court of the United States for [Missouri], to assert the title of himself and his family to freedom. The declaration is . . . that he and the defendant are citizens of dif- ferent States; that . . . he is a citizen of Missouri, and the defendant a citizen of New York.

The question is simply this: Can a negro, whose ancestors were imported into this country, and sold as slaves, become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities, guarantied by that instru- ment to the citizen? One of which rights is the privilege of suing in a court of the United States in the cases specified in the Constitution. . . .

Taney—a staunch supporter of slavery who was intent on protecting Southerners from Northern aggression—wrote in the Court’s majority opinion that, because Scott was black, he was not a citizen and therefore had no right to sue. The framers of the Consti- tution, he wrote, believed that blacks “had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his bene- fit. He was bought and sold and treated as an ordinary article of merchandise and traf- fic, whenever profit could be made by it.”

Referring to the language in the Declaration of Independence that includes the phrase “all men are created equal,” Taney reasoned that “it is too clear for dispute, that the enslaved African race were not intended to be included, and formed no part of the people who framed and adopted this declaration. . . ”

Abolitionists were incensed. Although disappointed, Frederick Douglass found a bright side to the decision and announced, “[My] hopes were never brighter than now.” For Douglass, the decision would bring slavery to the attention of the nation and repre- sented a step toward slavery’s ultimate destruction.

69. What follows is guided by Stevens, Community Policing in the 21st Century.

70. David Nasaw, Children of the City (New York: Oxford University Press, 1986).

71. John C. Schneider, Detroit and the Problem of Order, 1830–1880: A Geography of Crime, Riot, and Policing (Omaha, NE: University of Nebraska Press, 1980), 121.

72. Schneider, Detroit. 73. Shelden, Controlling the Dangerous Classes. 74. “New York Street Arabs,” Harper’s Weekly (1868), http://immigrants.harpweek.

com/ChineseAmericans/Items/Item015L.htm (accessed July 1, 2007).

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Notes 65

75. “New York Street Arabs.” Also see Shelden, Controlling the Dangerous Classes. 76. Shelden, Controlling the Dangerous Classes. 77. Robert B. Smith, Daltons: The Raid on Coffeyville, Kansas (Oklahoma: University of

Oklahoma Press, 1999), 149–152. 78. T. J. Stiles, Jesse James: Last Rebel of the Civil War (New York: Knopf, 2002). 79. John R. Wunder, Inferior Courts, Superior Justice: A History of the Justices of the Peace on

the Northwest Frontier, 1853–1889 (Cincinnati: Greenwood, 1979). 80. C. L. Sonnichsen, Roy Bean: Law West of the Pecos (New York: Kessinger, 2005). 81. Sonnichsen, Roy Bean. Also see Wunder, Inferior Courts. 82. Sonnichsen, Roy Bean. Also see Wikipedia, the Free Encyclopedia, “The Wild West”

(2006), http://en.wikipedia.org/wiki/American_Old_West (accessed July 17, 2006). 83. Art T. Burton, Black Gun, Silver Star: The Life and Legend of Frontier Marshal Bass Reeves

(Omaha: University of Nebraska Press, 2006). 84. David Santana, Melissa Ann Villela, Rosalynn Torres, and Michael Telles, “Elfefo Baca

Lived More Than Nine Lives,” El Pasco Community College (2005), http://www.epcc.edu/nwlibrary/borderlands/22_elfego_baca.htm (accessed July 17, 2006).

85. Earl Clark, “Shootout in Burke Canyon,” American Heritage 22, no. 5 (1971). 86. Elfego Baca Golf Shoot, “Elfego Baca in History” (2006), http://www.

hiltonopen.com/Elfego0402.htm (accessed July 17, 2006). 87. Texas Department of Public Safety (2006), http://www.txdps.state.tx.us/

director_staff/texas_rangers/ (accessed July 17, 2006). 88. David L. Carter and Louis A. Radelet, The Police and the Community, 7th ed. (Upper

Saddle River, NJ: Prentice Hall, 2001). Chapter 1 offers a look at some of these thoughts. 89. George L. Kelling and Mark H. Moore, Evolving Strategy of Policing, No. 4 (Washington,

DC: U.S. Department of Justice, 1988). http://www.hks.harvard.edu/criminaljustice/ research/community_policing.htm (accessed June 19, 2008).

90. Hubert Williams and Patrick Murphy, The Evolving Strategy of Police: A Minority View, Perspective on Policing (Washington, DC: U.S. Department of Justice, 1990). http://www.hks.harvard.edu/criminaljustice/research/community_policing.htm (accessed June 19, 2008).

91. Willard M. Oliver, Community-Oriented Policing: A Systemic Approach (Upper Saddle River, NJ: Prentice Hall, 2008), 5.

92. Adam Dobrin, “Professional and Community Oriented Policing: The Mayberry Model,” Journal of Criminal Justice and Popular Culture 13, no. 1 (2006): 19–28, http://www. albany.edu/scj/jcjpc/vol13is1/Dobrin.pdf (accessed July 22, 2006).

93. O. W. Wilson and R. C. McLaren, Police Administration, 4th ed. (New York: McGraw- Hill, 1977).

94. J. J. Fyfe, “Good Policing,” in Critical Issues in Policing, 4th ed., R. G. Dunham and G. P. Alpert (Prospect Heights, IL: Waveland Press, 2001).

95. Thomas B. Priest and Debra Brown Carter, “Community-Oriented Policing: Assessing a Police Saturation Operation,” in Policing and Community Partnerships, ed. Dennis J. Stevens (Upper Saddle River, NJ: Prentice Hall, 2005), 111–124.

96. Neil Websdale, Policing the Poor: From Slave Plantation to Public Housing (Boston: Northeastern Press, 2001), 6.

97. Craig Hemmens, Book Review: Policing the Poor, 11, no. 11 (2001): 503– 505, http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/websdale.htm (accessed November 11, 2007).

98. Stevens, Case Studies, 61–88. 99. Stevens, Case Studies, 81–83.

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