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 BRIEF CONTENTS

Preface xiii
Acknowledgments xiv
About the Authors xv

PART I: Policing Foundations 1

Chapter 1: Police in a Democracy 2
Chapter 2: Police History 30
Chapter 3: Legal Issues 60
Chapter 4: Police Strategies 96

PART II: Police Administration 131

Chapter 5: Police Organization and Management 132
Chapter 6: Selection and Development 172
Chapter 7: Field Operations: Foundations 210
Chapter 8: Innovations in Field Operations 236

PART III: Police Behavior 263

Chapter 9: Behavior and Misconduct 264
Chapter 10: Force and Coercion 306
Chapter 11: Accountability and Ethics 346

PART IV: Contemporary Issues 381

Chapter 12: Diversity and Inclusion 382
Chapter 13: Stress and Officer Safety 414
Chapter 14: Higher Education 448
Chapter 15: Emerging Issues 474

Voices from the Field: Biographical Sketches 507

Glossary 513
Photo Credits 530
Name Index 531
Subject Index 539

vii
 CONTENTS

Preface xiii Southern Colonial and Frontier Police

Acknowledgments xiv Development: A Minority Perspective on the
About the Authors xv Development of American Police 46
State Police 48
Texas and Massachusetts 48
PART I: POLICING FOUNDATIONS 1 Pennsylvania 48
Highway Patrol 49
CHAPTER 1 Police in a Democracy 2 Federal Law Enforcement 50
Policing a Free Society 5 The Revenue Cutter Service and the U.S. Marshal
Police and Government 5 Service 50
Police and Rule of Law 7 Postal Inspectors 51
Police, Terrorism, and Homeland Security 9 The Secret Service 52
Police Systems 9 The Federal Bureau of Investigation 53
The U.S. Police System 12 Summary 57
Other Types of Law Enforcement Agencies 15
Similarities and Differences 17 CHAPTER 3 Legal Issues 60
Police Role and Purpose 18 Criminal Procedure 61
Law Enforcement or Politics? 20 Searches and Seizures of Persons 63
Crime-Fighting or Social Service? 20 Searches and Seizures of Property 68
Proactive or Reactive? 21 Interrogations and Confessions 74
Police Activities and Workload 22 Civil Liability 77
Police Goals and Strategies 23 Costs of Liability in Policing 78
Looking Ahead 26 Avenues of Liability 79
Summary 27 Civil Liability in State Courts 79
Civil Liability in Federal Courts 81
CHAPTER 2 Police History 30 Emerging Liability Issues for the Twenty-First
Foundations of Policing 31 Century 86
Early Policing 31 Use of Force 87
Policing in Nineteenth-Century England 33 Impact on Officers 88
The Emergence of Modern Policing in the United Summary 91
States 35
The First City Police Forces 35 CHAPTER 4 Police Strategies 96
The County Sheriff 37 Evolving Strategies of Policing 97
Vigilance Committees 37 Landmark Studies of Police Effectiveness 98
Modern American Policing 38 Patrol Studies 100
The Political Era 38 Response Time Studies 101
Police Development 38 Criminal Investigation Studies 101
Criticism in the Political Era 41 Strategic Developments 103
The Reform Era 41 Improving Crime-Control Effectiveness 103
ix
x Contents

Improving Police–Community Relations 105 Research and Development 166

Improving Professionalism 108 Education and Training 167
Developing Evidence-Based Practices 109 Summary 167
Strategic Alternatives 111
Community Policing 111
CHAPTER 6 Selection and
Problem-Oriented Policing 118
Development 172
Summary 124
Recruitment 174
Recruitment Methods 175
PART II: POLICE Recruiting for Diversity 175
ADMINISTRATION 131 Recruitment Toolkit 176
Selection 177
CHAPTER 5 Police Organization and Preemployment Standards 178
Management 132 General Suitability 180
Preemployment Testing 183
The Managerial Process 134 Recruit Screening Methods 186
The Evolution of Police Management 136 Americans with Disabilities Act 189
Classical Police Management 136 Development 189
Behavioral Police Management 136 Recruit Training 189
Contemporary Police Management 137 Program Orientation 189
Organizational Design 138 Philosophy and Instructional Methods 190
Criticisms of the Paramilitary Design 140 Curriculum Development and Content 192
Influence of Community Policing 141 Curriculum Updates 194
Structuring Police Discretion 142 Effectiveness of Recruit Training 197
Managing Police Performance 143 Field Training 199
Measuring What Matters 143 Field Training Officer Program 199
Police Organizational Performance 144 Police Training Officer Program 200
Police Unit Performance 145 Career Growth 201
Supervision and Police Performance 147 In-Service Training 202
Managing Group Behavior 148 Specialized Training 202
Police Subcultures 148 Promotion and Assessment Centers 203
Employee Associations and Unions 149 Lateral Entry 204
Managing Critical Incidents 150 Summary 204
Media Relations and Strategic
Communications 151
Organizational Change 152 CHAPTER 7 Field Operations:
Reorganizing 153 Foundations 210
Improving Leadership and Management 153 The Patrol Function 211
Revising Policies and Procedures 154 Historical Development 212
Changing Strategies and Tactics 155 Patrol Methods 214
Changing Behavior and Culture 155 Use of Patrol Resources 216
The Change Process 157 Proactive Arrests and Crackdowns 222
Resistance to Change 157 Police Pursuits 222
Overcoming Resistance to Change 159 The Investigative Function 225
Case Studies 159 Historical Development 226
Madison, Wisconsin 159 Selected Research on Investigative
Chicago 162 Operations 228
New York 163 Crime Gun Intelligence Centers 228
Los Angeles 164 Advances in Physical Evidence: The Automated
Cincinnati 164 Fingerprint Identification System and
Institutionalizing Innovation and Change 165 DNA 229
Continuous Improvement 165 Bias/Hate Crime Programs 231
 Contents xi

Detective–Patrol Relationships 232 Re-engineering Training 315

Summary 232 Areas of Training 315
Police Culture and the Use of Force 318
CHAPTER 8: Innovations in Field Controversy and the Use of Force 321
Operations 236 Inappropriate Force 324
Brutality and Excessive Force 324
Community-Based Approaches 238
Physical and Psychological Force in Police
Procedural Justice and Police Legitimacy 238
History 325
Broken Windows Policing 241
Frequency of Excessive Force and Brutality 327
Place-Based Approaches 243
Brutality in the Twenty-First Century 330
Focused Interventions 243
Hot-Spots Policing 243 Deadly Force 333
Category 1: Death 334
Gun Violence 247
Category 2: Injury 335
Intelligence-Led Policing 248
Category 3: Noninjury 335
Predictive Policing 249
Individual and Situational Factors 336
Person-Based Approaches 250
Environmental and Departmental Variations 336
Focused Deterrence Initiatives 251
Racial Considerations 338
What Works in Policing 253 Legal and Policy Changes 338
Summary 257 Summary 339
PART III: POLICE BEHAVIOR 263 CHAPTER 11 Accountability and
Ethics 346
CHAPTER 9 Behavior and Internal Accountability Mechanisms 348
Misconduct 264 Bureaucratic Organization and Management 348
Perspectives of Police Behavior 265 Internal Investigation 350
Universalistic Perspectives 265 Issues in Internal Investigations 354
Particularistic Perspectives 266 Early Warning/Early Identification Systems 356
Socialization versus Predisposition 267 Body-Worn Cameras 357
Early Examinations of Police Behavior 270 Effectiveness of Internal Investigations 358
Decision Making and Police Discretion 273 External Accountability Mechanisms 359
Organizational Factors 275 Civilian Review 359
Neighborhood Factors 276 Police Auditor Systems 362
Situational Factors 277 The Limits of Oversight Mechanisms 364
Individual (Officer) Factors 282 Professional Standards 365
Police Deviance 284 The Police Professionalization Movement 365
Types of Deviance and Misconduct 285 Criteria of Police Professionalization 366
The Prevalence of Police Deviance 286 Ethical Standards 369
Deviant Officers 287 Ethical Perspectives 370
The Persistence of Corruption 290 Ethical Dilemmas 373
Are Gratuities a Type of Misconduct? 294 The Limits of Professional and Ethical
Police Sexual Misconduct 294 Standards 373
The Drug War and Police Deviance 296 Summary 375
Organizational Responses 298
Summary 299
PART IV: CONTEMPORARY
CHAPTER 10 Force and Coercion 306 ISSUES 381
Police–Citizen Interactions 308
Context of Force 308 CHAPTER 12 Diversity and Inclusion 382
National Estimates on Police Use of Force 311 Racial Minorities in Policing 385
Learning to Use Force 312 Unequal Treatment 386
Training 313 Performance of African American Police 386
xii Contents

Women in Policing 388 The Impact of Higher Education on Policing 456

Unequal Treatment 389 Higher Education and Attitudes 456
Performance of Women Officers 390 Higher Education and Performance 458
Affirmative Action 392 Higher Education and Use of Force 459
Equal Employment Opportunity 393 Higher Education and Promotion 460
Increasing Diversity in Police Departments 394 Higher Education and Job Satisfaction 461
Promotional Opportunities 398 Higher Education and Terrorism 461
Integration of Minorities and Women into Validating Higher Education for Police 462
Policing 401 Higher Education as a Bona Fide Occupational
Police Culture 401 Qualification 462
Structural Characteristics 403 Higher Education and Discrimination 463
Sexual Harassment 403 Higher-Education Incentive Programs 464
Lesbian, Gay, Bisexual, and Transgender Higher-Education Requirements and Policy
Officers 405 Implications 466
Future Prospects 406 Moving Forward: Beyond Traditional
Summary 408 University-Based Education? 469
Summary 469
CHAPTER 13 Stress and Officer
Safety 414 CHAPTER 15 Emerging Issues 474
The Concept of Stress 415 Changes in American Society 476
Occupational Stress 416 Generational Differences 476
Overview of Stressors 417 Cultural Diversity 478
Police Stressors 417 Immigration and Migration 479
Emerging Sources of Stress 420 Shifting Economics 480
Line-of-Duty and Crisis Situations 421 Modern Problems 482
Posttraumatic Stress Disorder 423 Crime Trends 482
Shift Work 426 Mass Shootings 484
Social Supports and Police Stress 427 Drugs 485
Consequences of Stress 428 Mental Health 486
Alcohol Abuse 428 Modern Technology 487
Drug Abuse 430 Crime Detection and Crime Solving 489
Suicide 430 Surveillance and Privacy 490
Stress and the Impact on Families 432 Officer Safety and Accountability 491
Policies and Programs 433 Social Media 492
Officer Safety 434 Long-Term Trends 493
Danger and Police Work 437 Professionalization 493
Improving Safety and Reducing Fatalities 440 Privatization 494
Summary 442 Federalization 494
Militarization 496
Terrorism and Homeland Security 497
CHAPTER 14 Higher Education 448
Summary 500
The Development of Higher-Education
Programs for Police 450 Voices from the Field: Biographical Sketches 507
Federal Programs and Support for Higher
Glossary 513
Education 452
Photo Credits 530
Quality of Higher-Education Programs 453
Higher-Education Requirements Name Index 531
for Police 454 Subject Index 539
 PREFACE

P olice & Society offers a comprehensive introduction to policing in the United States.
The text is both descriptive and analytical in nature, covering the process of policing,
police behavior, organization, operations, and historical perspectives. Contemporary
issues and future prospects are also addressed. Throughout the text, an emphasis is placed
on describing the relationship between the police and the public and how this relationship
has changed through the years. To adequately explain the complex nature of police opera-
tions in a democracy, we have integrated the most important theoretical foundations, re-
search findings, and contemporary practices in a comprehensible, yet analytical manner.
Because of the substantial increase of published research in the field and consistent with
previous editions of this text, in the eighth edition we have attempted to include only the
most valid and reliable research available, leading to the “best policies and practices” in
policing. We emphasize in-depth discussions of critical police issues rather than attempt-
ing to cover—in a relatively brief manner—every conceivable topic or piece of research in
the field. We believe this approach contributes more substantially to the intellectual and
practical development of the field of policing.
Although all chapters have been revised and updated, we focused additional attention
on emerging themes that are important to students of policing, including evidence-based
strategies to prevent crime; evolving crime trends; policing in a changing American soci-
ety; advances in technology; policing in an era of declining budgets; immigration; lesbian,
gay, bisexual, and transgender issues; legitimacy; procedural justice; terrorism/homeland
security; and growing concerns about surveillance and privacy.
In addition, numerous topics have been significantly expanded, as follows: legitimacy,
procedural justice, criminal procedure, misconduct, racial and gender diversity, officer
stress and safety, contemporary policing interventions, national estimates on police use of
force, social media, intelligence-led policing, competing police strategies, and the bottom
line of policing.
There are two significant structural changes to the eighth edition that deserve high-
lighting. First, we combined two chapters—Chapter 5 contains information on police or-
ganization and management, which also includes organizational change. Second, we
significantly expanded the discussion on field operations into two separate chapters.
Chapter 7 focuses on foundations of field operations and investigations, and Chapter 8
focuses on policing innovations. The goal of separating foundations and innovations is so
that each topic can be discussed and expanded fully. We are grateful for the reviewers who
recommended these revisions to Police & Society.
To provide the most realistic and up-to-date view of the police, several types of offsets
are provided. “Inside Policing” boxes provide a brief description of real-world police issues
and operations as well as biographical sketches that highlight the contributions of

xiii
xiv Preface

influential police leaders. We have also incorporated contemporary discussions from

Modern Policing (https://gcordner.wordpress.com/), a blog managed by one of the authors
(Cordner). Here students are directed to additional articles, reports, op-eds, editorials, and
news stories directly related to topics within the chapter. “Voices from the Field” boxes
highlight nationally recognized experts, who provide their insights into contemporary
police practices and problems in a thought-provoking format.
The eighth edition features an expanded glossary of key terms, and each chapter begins
with a listing of key terms. Ancillaries to enhance instruction include a Companion Web-
site and a revised and expanded Ancillary Resource Center for Instructors.
We thank the many police officers, police executives, professors, and students with
whom we have interacted over the years. Their experiences and insights have given us the
basis for many of our ideas and have provided us with a basis for conceptualizing critical
issues in policing. We hope this book increases the understanding and appreciation of
policing in society and encourages thought-provoking dialogue among students and the
police.

ACKNOWLEDGMENTS
We continue to enjoy an outstanding working relationship with Oxford University Press
and thank those who contributed significantly to the production of this edition, including
Steve Helba, our editor, and his assistant, Kora Fillet. We also thank those who reviewed
the book for their thoughtfulness and insight, including Carl L. Bennett Jr., Florida A&M
University; Mengyan Dai, Old Dominion University; Nicole Doctor, Ivy Tech Community
College; Michael Herbert, Bemidji State University; Gary Kowaluk, Lincoln University;
Dwayne Marshall, Lock Haven University of Pennsylvania; Hyon Namgung, ­Metropolitan
State University of Denver; James O’Sullivan, Pace University; Joseph Schafer, S­ outhern
Illinois University Carbondale; Ericka Wentz, University of West Georgia; and Chernoh
M. Wurie, Virginia Commonwealth University. We appreciate the assistance of the Kansas
City (MO) Police Department Media Unit, especially Sergeant Jacob Becchina, for provid-
ing us with images and artwork that appear throughout this edition.
We especially thank all of the contributors to the “Voices from the Field” offsets
throughout the text. These individuals are experts in policing and academe and have
served in policy-making positions in police departments throughout the United States.
Their contributions to our discussion on the police are significant, and they have provided
a perspective on policing that cannot be found in any other forum.
 ABOUT THE AUTHORS

Kenneth Novak received his Ph.D. in criminal justice from the University of Cincinnati
and is currently a professor in the Department of Criminal Justice and Criminology at the
University of Missouri–Kansas City. He has published scientific research articles on a va-
riety of topics in policing, including officer decision making, citizens’ attitudes toward the
police, racially biased policing, and program evaluation. He has conducted research with
a number of criminal justice agencies, including the Kansas City Police Department, the
Jackson County Prosecutor’s Office, and the U.S. Attorney for the Western District of Mis-
souri. He is coauthor of the third edition of Police Management (2002, Roxbury). Follow
Ken on Twitter at @KenNovak_1.

Gary Cordner is professor emeritus of criminal justice at Kutztown University in Pennsyl-

vania. He taught for 21 years at Eastern Kentucky University, also serving as director of the
Kentucky Regional Community Policing Institute and dean of the College of Justice &
Safety. He received his doctorate from Michigan State University and served as a police
officer and police chief in Maryland. Cordner has coauthored textbooks on police admin-
istration and criminal justice planning and coedited several anthologies on policing. He
edited the American Journal of Police from 1987 to 1992 and Police Quarterly from 1997 to
2002. Cordner is a past president of the Academy of Criminal Justice Sciences and founder
and former chair of that organization’s Police Section. He recently completed a nine-year
term on the Commission on Accreditation for Law Enforcement Agencies and serves as
academic director in the Baltimore Police Academy. Follow Gary on T ­ witter at @gcordner
and his blog at https://gcordner.wordpress.com.

Brad Smith received his Ph.D. in criminal justice from the University of Cincinnati. He is
a professor in the Department of Criminal Justice at Wayne State University in Detroit.
His research focuses on policing, and he has published in a variety of areas, including ar-
ticles on police discretionary behavior, citizens’ attitudes toward the police, the use of
deadly force, and police brutality. He is also a coauthor of Race and Police Brutality: Roots
of an Urban Dilemma (2008, State University of New York Press).

Roy Roberg received his doctorate from the University of Nebraska, Lincoln, where he also
taught. Other teaching experiences include Louisiana State University and San Jose State
University, where he taught in the Justice Studies Department for more than 30 years and
now resides as professor emeritus. He has published extensively in the areas of police organi-
zational behavior and change, managerial issues, and higher education in policing. He is the
editor of an anthology on policing and coeditor of an anthology on corrections and is the
author or coauthor of numerous texts, including the third edition of Police Management. He
served as a police officer in a large county department of public safety in Washington State.
xv
 Part I

Policing
Foundations
CHAPTER 1

Police in a
Democracy

CHAPTER OUTLINE
■■ Policing a Free Society
Police and Government
Police and Rule of Law
Police, Terrorism, and Homeland Security
■■ Police Systems

■■ The U.S. Police System

Other Types of Law Enforcement Agencies

Similarities and Differences
■■ Police Role and Purpose

Law Enforcement or Politics?

Crime-Fighting or Social Service?
Proactive or Reactive?
Police Activities and Workload
Police Goals and Strategies
■■ Looking Ahead

■■ Summary

■■ Critical Thinking Questions

■■ References
 CHAPTER 1 Police in a Democracy 3

KEY TERMS

■■ case law ■■ federalism ■■ reactive

■■ civil law ■■ homeland security ■■ regional police
■■ consolidated agencies ■■ jurisdiction ■■ rule of law

■■ contract law enforcement ■■ private police ■■ separation of powers

■■ counterterrorism ■■ proactive ■■ special-jurisdiction police

■■ criminal justice system ■■ procedural law ■■ substantive law

■■ criminal law ■■ public police ■■ task forces

■■ discretion ■■ public safety agencies ■■ tribal police

T he police have power and authority and, as we have been reminded over the past
several years, the actions they take are frequently controversial. The functions that
police perform are critical to the safety of people and communities, but those very func-
tions sometimes collide with our rights, freedoms, and privacy. Recent events and devel-
opments illustrate some of the issues and challenges surrounding modern policing today:

■■ In response to complaints about “police militarization,” in 2012 the federal govern-

ment temporarily suspended its “1033 program” through which state and local law
enforcement agencies could obtain surplus military equipment (Balko 2012; Wofford
2014). The program later resumed with additional restrictions on the types of equip-
ment available and clearer limitations on how the equipment can be used (Executive
Office of the President 2014).
■■ A fatal police shooting in Ferguson, Missouri, in September 2014 led to several
months of tense confrontations and an ongoing national dialogue about police use of
force, Black Lives Matter, transparency, and accountability (Civil Rights Division
2015). Subsequent police-related deaths in New York, Cleveland, Baltimore, North
Charleston, and Chicago variously resulted in protests, riots, indictments, and
convictions.
■■ In response to national concerns, a President’s Task Force on 21st Century Policing
was established by the Obama administration. The task force published its final
report in 2015, including 64 recommendations plus 92 action items in six main topic
areas: Building Trust & Legitimacy, Policy & Oversight, Technology & Social Media,
Community Policing & Crime Reduction, Training & Education, and Officer Well-
ness & Safety (President’s Task Force 2015).
■■ Responding to public and congressional pressure, in 2015 the Department of Justice
(DOJ) halted its “equitable sharing” program through which a portion of assets
seized from suspects in a federal case can be distributed to state and local law en-
forcement agencies that participated in the investigation (O’Harrow, Horwitz, and
Rich 2015). Critics complain that investigations become profit driven and the people
who lose their property are often never convicted. The program resumed in 2016
after the DOJ placed additional restrictions on it (Ingraham 2016).
■■ Fourteen people were killed and 22 seriously injured in December 2015 when a
young married couple attacked a holiday gathering in San Bernardino, California
(Finnegan 2016). In the aftermath, the Federal Bureau of Investigation (FBI) and
Apple engaged in a heated dispute over access to information on the suspects’
4 Part I Policing Foundations

encrypted iPhone. The company resisted demands to open a “backdoor” to the

phone, saying it would compromise the privacy of all owners of the popular device.
Before the matter could be litigated, the FBI withdrew its demand, saying it had ob-
tained a separate “tool” that unlocked the phone (Groden 2016).
■■ The Civil Rights Division, U.S. Department of Justice (DOJ), exercised oversight of at
least 25 law enforcement agencies as of 2016, including Albuquerque, Cleveland, Fer-
guson, New Orleans, Seattle, and the Los Angeles County Sheriff’s Office (Special
Litigation Section 2016). Another 10 police departments were engaged in collabora-
tive reform projects with a different branch of the DOJ, the COPS Office, including
Baltimore, Las Vegas, Philadelphia, and San Francisco (Office of Community Ori-
ented Policing Services 2016). Since 2017, though, the Trump administration has
sharply curtailed these kinds of federal oversight of local police.
■■ Early in 2016, the Police Executive Research Forum (PERF) produced a set of 30
“guiding principles” designed to emphasize deescalation of critical incidents and
stricter standards on police use of lethal force. The International Association of
Chiefs of Police (IACP) and police labor groups quickly criticized the guidelines,
arguing that they were inconsistent with prevailing law and would jeopardize officer
safety (Jackman 2016).
■■ In February 2018, a former student entered Marjory Stoneman Douglas High School
in Parkland, Florida, and fatally shot 17 people, including 14 students, wounding 17
others. Response by the law enforcement agency having jurisdiction, the Broward
County Sheriff’s Office, was harshly criticized for not being consistent with modern
active-shooter policies and training (Marjory Stoneman Douglas High School Public
Safety Commission 2019). Ten days after receiving a commission report on the inci-
dent and response, the Florida governor suspended the Broward County sheriff
(Romo 2019).
■■ During 2018, 150 law enforcement officers died in the line of duty, including 52 by
gunfire, 40 by motor vehicle crash, and 16 due to 9/11-related illnesses (Officer Down
Memorial Page 2019). The 2018 total was lower than each of the previous four years.
Although police fatalities peaked at 284 in 1974 and have generally decreased over
the past 40+ years (Bier 2015), any time the number goes up causes grave concern
and tends to inflame political passions (Gainor 2014).

To begin to understand these kinds of situations and controversies, we must start with
some basic questions: Why do the police exist? What do they do? What are their problems?
How has policing changed over the years? The central theme of this book is to attempt to
answer these and related questions about police in the United States.
One note about semantics: Throughout this book, the terms police and law enforcement
are used interchangeably. With either term, the intent is to refer to all those who provide
police services, whether they work for a police department, sheriff’s office, state police, or
federal agency.
This book contains a lot of information. To help you digest it, the book is organized into
four sections:

1. Policing foundations, including a discussion of the democratic context of policing

and the police role, the history of police, legal issues, and the evolving strategies used
by police.
 CHAPTER 1 Police in a Democracy 5

2. Police administration, which includes a discussion of police management and orga-

nizational behavior, police selection and development, and police field operations.
3. Police behavior, which includes a discussion of discretion, behavior and misbehavior,
police authority and the use of coercion, and police professionalism and
accountability.
4. Contemporary issues, including higher education, cultural diversity, stress and offi-
cer safety, and the future of policing.

Each chapter contains special sections called “Voices from the Field” and “Inside Polic-
ing.” These sections provide brief descriptions of real-world police issues, excerpts from
research studies, and brief descriptions of the contributions of important historical and
contemporary figures in law enforcement.

Policing a Free Society

The police play a double-edged role in a free society. On the one hand, they protect our
freedom—not only our rights to own property, to travel safely from place to place, and to
remain free from assault, but also such fundamental rights as freedom of speech, freedom
of assembly, and freedom to change the government through elections. However, the
police also have the power to limit our freedom through surveillance, questioning, search,
and arrest. It is particularly important to understand this anomalous situation when
thinking about policing in the United States because “the police . . . are invested with a
great deal of authority under a system of government in which authority is reluctantly
granted and, when granted, sharply curtailed” (Goldstein 1977, 1).
In our democratic system, government is based on consensus of the people, but policing
often comes into play when agreement breaks down. In our system, government is e­ xpected
to serve the people, but police often give out “services” that people do not want—orders,
tickets, arrests. In our system people are largely free to do as they please, but police can
force them to stop. In our system everyone is considered equal, but police have more power
than the rest of us. It has been said that “democracy is always hard on the police” (Berkeley
1969, 1). It might also be said that police can be hard on democracy.
These factors indicate why the opposite of a democratic state is often called a police
state. Democracy represents consensus, freedom, participation, and equality; the police
represent regulation, restriction, and the imposition of government authority on an indi-
vidual. That is why the police in a democracy are often confronted with hostility, opposi-
tion, and criticism no matter how effectively or fairly they operate.
Police and Government
The word police is derived from the Greek words politeuein, which means to be a citizen
or to engage in political activity, and polis, which means a city or state. This derivation
emphasizes that policing is every citizen’s responsibility, although in the modern world it
is a responsibility that is often delegated to certain officials who do it on a full-time basis.
Also, the derivation emphasizes that policing is political—not in the sense of Republicans
versus Democrats, but in the sense that policing entails carrying out decisions made by
the people and their representatives, decisions that benefit some members of society but
not others.
Today, we tend to say the same thing in a slightly different way—police enforce the law
and carry out the policies of the government. Governments are vested with police power to
regulate matters of health, welfare, safety, and morality because a society requires
6 Part I Policing Foundations

structure and order if it is to be effective in meeting the needs of its members. One impor-
tant expression of police power in a society is a police, or law enforcement, organization.
The activities and behavior of the police are determined, in part, by the type of govern-
ment of which they are a part. In more totalitarian governments, power is exercised by
only one person (e.g., a dictator), a small number of individuals, or one political party. The
established laws and policies that control all aspects of life in a totalitarian state are
­intended to maintain the interests of those in power; the social order is preserved at the
expense of individual freedom. More democratic governments, by contrast, are based on
the principle of “participation of the governed.” The members of a democratic society
either directly participate in deciding the laws or elect representatives to make such deci-
sions for them.
The United States has a republican form of government known as federalism. Some
powers are exercised by the national government, but many others are decentralized to
state and local units of government to allow more people to participate in the political
system and to limit the power of those individuals elected to national political office.
Among the governmental functions that are largely delegated to state and local govern-
ments is policing.
Another important organizational feature of the U.S. government is separation of
powers, which results in three branches of government: executive, judicial, and legislative.
This separation exists to provide a system of “checks and balances” so that one branch of
government will not become too powerful. In the United States, the combination of feder-
alism and separation of powers results in a governmental system that is highly fragmented,
with widely dispersed power and authority. This system is sometimes criticized for being
inefficient and incapable of governing effectively, but that is exactly what its designers
­intended—they wanted a limited form of government (including police) that would not
interfere with peoples’ freedoms any more than absolutely necessary.
Law enforcement is a responsibility of the executive branch of government in our
system. Checks and balances help to constrain policing in two fundamental ways. First,
the police do not make the laws they enforce—the legislature does that, along with appro-
priating the money that police agencies need to operate. Second, the police do not decide
what happens to people who violate the law and are arrested—the judicial branch does
that, along with interpreting and reinterpreting the meaning of laws in our
changing society.
Government and laws are created through a political process or system. Voters, special-
interest groups (e.g., the National Rifle Association, the American Medical Association, or
the National Association for the Advancement of Colored People), political parties, and
elected officials are active participants in the political process. Theories of political deci-
sion making in a democracy take both pluralistic and elitist perspectives. The pluralistic
perspective argues that debates, bargains, and compromises determine the allocation of
resources and the enactment of laws and policies. Further, although there are many differ-
ent interests and groups in a society, some more influential than others, no one group
dominates. In contrast, the elitist or class perspective argues that only a limited number of
persons (e.g., the rich or special-interest groups) have any real influence in the political
process. The playing field is not level, so politics results in preferential treatment for the
most influential individuals and discrimination against those with little or no influence
or power.
These two contrasting perspectives are important for our understanding of the police.
From the pluralist perspective, police can be seen as a benign institution that helps
 CHAPTER 1 Police in a Democracy 7

implement laws and policies that result from an honest and fair political contest. From the
elitist perspective, police are usually characterized as the “iron fist” that helps protect
the powerful and repress the rest of society. Policing is a more noble enterprise within the
pluralist framework than within the elitist framework. From either perspective, however,
the police wield power and thus deserve careful attention.
Police and Rule of Law
Democracies are concerned about the rights and freedoms to be given to individuals and
about the limits to be placed on the government’s use of police power. This concern is usu-
ally addressed by creating a constitution. Constitutions may be written or unwritten, but
they serve the same basic purpose: to establish the nature and character of government by
identifying the basic principles underlying that government. The Constitution of the
United States identifies the functions of government and specifies in its first 10 amend-
ments (the Bill of Rights) the most important rights of individuals relative to the
government.
The United States has a constitutional democracy in which the exercise of power is
based on the rule of law. Ideally, laws created through a democratic process are more rea-
sonable and more likely to be accepted by citizens than laws created by only a few influen-
tial persons. And although democratic government does not always work in this fashion,
ours has evolved so that the rule of law in practice has gradually become less tyrannical
and more representative of the concerns of all citizens. One of the reasons that the rule of
law is considered necessary is that proponents of democracy assume that individuals in
power will be inclined to abuse their power unless they are controlled by a constitution,
democratically developed laws, and the structure or organization of government.
Police accountability to the rule of law is an important tradition in democratic societies.
According to Reith (1938, 188), the basis for democratic policing “is to be found in rational
and humane laws.” The significance of the rule of law to democracy and the police is fur-
ther described in a Royal Commission Report on the British police:

Liberty does not depend, and never has depended, upon any particular form of police
organization. It depends upon the supremacy of . . . the rule of law. The proper criterion
[to determine if a police state exists] is whether the police are answerable to the law and
ultimately, to a democratically elected [government]. In the countries to which the
term police state is applied . . ., police power is controlled by a [totalitarian] govern-
ment [that] acknowledges no accountability to democratically elected (representa-
tives), and the citizens cannot rely on the [law] to protect them. (Royal Commission on
the Police 1962, 45)

There are a number of ways to categorize laws; for example, laws may be civil or crimi-
nal and substantive or procedural (legal issues are discussed further in Chapter 3). Civil
laws are concerned with relationships between individuals (e.g., contracts, business trans-
actions, family relations); criminal laws are concerned with the relationship between the
individual and the government. Those behaviors that pose a threat to public safety and
order (e.g., operating a motor vehicle without a valid driver’s license, theft, rape, murder)
are considered crimes. The prosecution of a crime is brought in the name of the people as
represented by government officials (e.g., a prosecuting attorney). Although police must be
familiar with both civil and criminal law, their primary concern is with criminal law.
In the realm of criminal law, substantive laws are those that identify behavior, either
required or prohibited, and the punishments for failure to observe these laws. For example,
8 Part I Policing Foundations

driving under the influence of alcohol is prohibited, and such behavior may be punished
by a fine or imprisonment or both, along with suspension of the privilege to drive a motor
vehicle. Procedural laws govern how the police go about enforcing substantive laws. Pro-
cedural laws specify the level of evidence required to justify an arrest, for example, and
whether the police can arrest based on their own authority or must first obtain a warrant.
Important frames of reference for procedural criminal laws are the Bill of Rights (the
first 10 amendments of the U.S. Constitution; see Table 1.1) and case law (the written
rulings of state and federal appellate courts), which more specifically define when and
how each procedure is to be used. When enforcing substantive laws, officers are supposed
to follow procedural laws, which exist to restrict the power of government and to reduce
the possibility that police will abuse the power they have been given. The law not only
provides a framework for police activity and behavior but also is intended to ensure that
the police have good reason (e.g., “reasonable suspicion” or “probable cause”) to intrude
into the lives of citizens. Procedural laws also balance what would otherwise be an un-
equal relationship between government and the individual because the government usu-
ally has more resources, and often more public support, than a person suspected of
committing a crime.
Even when the police have legal authority, however, they do not always enforce the law
because of limited resources, public expectations, organizational priorities, and officer pref-
erences. Rather, both the organization and the officer exercise discretion; that is, they make

TABLE 1.1 Selected Amendments to the U.S. Constitution

Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no warrants
shall be issued but upon probable cause, supported by oath or affirmation, and
­particularly describing the place to be searched and the persons or things to be seized.
Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless
on a presentment or indictment of a grand jury, except in cases arising in the land or
naval forces, or in the militia, when in actual service in time of war or public danger;
nor shall any person be subject for the same offense to be twice put in jeopardy of life
or limb; nor shall be compelled in any criminal case to be a witness against himself, nor
be deprived of life, liberty, or property, without due process of law; nor shall private
property be taken for public use without just compensation.
Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and district wherein the crime shall have been
committed, which district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted with the
­witnesses against him; to have compulsory process for obtaining witnesses in his favor,
and to have the assistance of counsel for his defense.
Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
Another Random Scribd Document
with Unrelated Content
 TAIL-PIECE

A BOY goes by the window while I write,

Whistling—the little demon!—in
delight.
I shake my fist and scowl at him, and curse
Over the carcase of my murdered verse.
And yet—which is it that the world most needs,
His happy laughter or my threadbare screeds?
There is more poetry in being young
Than in the finest song that Shakespeare sung—
And if that’s true of godlike Shakespeare—well,
Whistle the Marseillaise, and ring the bell,
And chase the cat, and lose your tennis-ball,
And tear your trousers on the garden wall,
Scalp a Red Indian, sail the Spanish seas—
Do any mortal thing you damn well please.

AVE
 W HEN all the world was black
Your courage did not fail;
No laughter did you lack
Or fellowship or ale.

And you have made defeat

A nobler pageantry,
Your bitterness more sweet
Than is their victory.

For by your stricken lips

A gallant song is sung;
Joy suffers no eclipse,
Is lyrical and young,

Is rooted in the sod,

Is ambient in the air,
Since Hope lifts up to God
The escalade of prayer.

The tyrants and the kings

In purple splendour ride,
But all ironic things
Go marching at your side
To nerve your hands with power,
To salt your souls with scorn,
Till that awaited hour
When Freedom shall be born.

A REPLY
To one who said that to conceive of God as a person was to
reduce Him to our own level.
O H, we can pierce
With the swift lightnings far and
fierce;
We can behold
Him in the sunset’s lucid gold.

Yet not by these

Do we read His dark mysteries,
Or tear apart
The thick veil upon Heaven’s heart....

Kneel with the kings

Before His dreadful Emptyings,
And see Him laid
In the slender arms of a Maid.

The village street

Knew God’s familiar, weary feet—
The carpenter’s Son
Who made the great hills one by one.

No glory slips
From His sublime apocalypse—
His homespun dress,
Hunger, thirst and the wilderness.

To a slave’s death
He gave his broken body’s breath;
An outcast hung
The swart and venomous thieves among.

And still yields He

Godhead to our humanity,
Leaving for sign
Himself in the meek bread and wine.
JOB
C
AN flesh and blood contrive defence
’Gainst swords that pierce the spirit
through,
Or meet, not knowing why or whence,
The blind bolt crashing from the blue?

“Oh, men have held times out of mind

Their stern and stoic courage bright—
But if no cry comes on the wind,
How shall I face the ambushed night?

“How shall I turn to bay, and stand

To grapple, if I cannot see
My fierce assailant at my hand,
The high look of mine enemy?

“If He will answer me, with rod

And plague and thunder let Him come—
But how can man dispute with God
Who writes no book, whose voice is dumb?

“Who rings me round with prison bars

Through which I peer with sleepless eyes,
And see the enigmatic stars—
These only—in the iron skies.”
. . . . . .
“These only? These together sang
At the glad birthday of the earth
When all the courts of Heaven rang
With shouting and angelic mirth!

“The night enfolds you with a cloak

Of silence and of chill affright?
But when man’s wells of laughter broke,
Who gave man singing in the night?

“The Rod shall burst to flowers and fruit

Richer than grew on Aaron’s rod
 Richer than grew on Aaron s rod,
And Mercy clothe you head to foot,
Beloved and smitten of your God!”

THE SOIL OF SOLACE

I
MAY not stand with other men, or ride
In those grey fields where fall the screaming
shells,
Or mix my blood with blood of those who died
To find a heaven in their sevenfold hells.
Honour and death a strident bugle blows,
Setting an end to death and blasphemy—
Oh, had I any choice in it, God knows
Where in this epic day I too would be!
Yet may I keep some English heart alive
With a poet’s pleasure in all English things—
Good-fellowship and kindliness still thrive
In English soil; the dusk is full of wings;
And by the river long reeds grow; and still
A little house sits brooding on the hill!

TO THE DEAD
N OW lays the king his crown and sceptre down,
Her gown of taffeta the lovely bride,
The knight his sword, his cap and bells the
clown,
The poet all his verse’s pomp and pride—
The eloquent, the beautiful, the brave
Descend reluctant to the straight, cold grave.

No more shall shine for them the glorious rose,

Or sunsets stain with red and awful gold,
Night shall no more for them her stars disclose,
Or day the grandeur of the Downs unfold,
Or those eyes dull in death watch solemnly
The regal splendour of the Sussex sea.

For them the ringing surges are in vain;

They wake not at the cry of waking bird;
The sun, the holy hill, the fruitful rain,
The winds have called them and they have not stirred;
The woods are widowed of your eager tread,
O dear and desolate and dungeoned dead!

Yet you shall rest awhile in English earth,

And ripen many a pleasant English field
Through the green Summer to the Autumn’s mirth
And flower unconsciously upon the weald—
Until that last angelic word be said,
And the shut graves deliver up their dead!

SPRING, 1916
T
HE grey and wrinkled earth again is young
And lays aside her tattered winter weeds
For April-coloured gauze, and gives her
tongue
To jocund songs instead of pedants’ screeds.
Scatter the thin, white ashes of the hearth,
And throw the brilliant diamond casement wide—
Oh, wonder of the lonely garden garth!
Oh, golden glory of the steep hillside
Where flames the living loveliness of God!...
But far, far off, beyond the bloom and bud
A fiercer blossom burgeons from the sod
Bright with the hues of honour and of blood;
And men have plucked the sanguine flower of pain
Where violets might be growing in the rain!

THE RETURN
B
EYOND these hills where sinks the sun in amber,
Imperial in purple, gold and blood,
I keep the garden walks where roses clamber,
Set in still rows with shrub and flower and bud.

After the clash of all the swords that sunder,

After the headstrong pride of youth that fails,
After the shattered heavens and the thunder
Remain the summer woods and nightingales!

So when the fever has died down that urges

My lips to utterance of whirling words,
Which, blown among the winds and stormy surges,
Skim the wild sea-waves like the wild sea-birds.

So when has ceased the tumult and the riot,

A man may rest his soul a little space,
And seek your solitary eyes in quiet,
And all the gracious calmness of your face.

FULFILMENT
(An Inscription for a Book of Poems)
Y OU who will hold these gathered songs,
Made, darling, long before we met,
Must keep the prophecy which belongs
To those dear eyes, so strangely set
With peace and laughter, where fulfils
The rapture of my alien hills.

Unknown, unknown you softly trod

Among my fruitful silences,
The last and splendid gift of God.
The quest of all my Odysseys,
The meaning of those quiet lands
Where I found comfort at your hands.

And when the yellowing woods awake,

And small birds’ twittered loves are told,
When streams run silver, and there break
The crocuses to tender gold,
When quick light winds shall stir my hair,
Some part of you will wander there.

PROPHECY
M
Y eyes look out across the dim grey wold,
The grey sky and the grey druidic trees,
Knowing they keep inviolate the gold
Memories of summer and the prophecies
That lie imprisoned in the buried seeds
Of all the lyric gaiety of Spring....
The sun shall ride again his flaming steeds;
The dragon-fly dance past on diamond wing;
The earth distil to music; and the rose
Flaunt her impassioned loveliness and be
A symbol of the singing hour that blows
The tall ship and my gladness home to me—
When I shall cry: Awake, my heart, awake,
And deck yourself in beauty for her sake!

THE SINGER TO HIS LADY

I
F any song I sing for you should be
But made to please a poet’s vanity,
A richly jewelled and an empty cup
In which no hallowed wine is offered up,
A thing of chosen rhyme and cunning phrase,
Fashioned that it may bring its maker praise;
If love in me grow only soft and sweet,
Remembering not with what worn and weary feet
It journeyed to your fields of golden grain,
The quiet orchards folded in the rain,
The twilight gardens and the morning birds;
If love remembers not and brings you words,
Words as your thanks; if in an idle hour
It breaks its sword and plays the troubadour—
Then may high God, the Universal Lord,
Break me, as I false knight have broken my sword,
If I who have touched your hands should bring eclipse
To love’s nobility with lying lips,
Having seen more terrible than gleaming spears
Your gentleness, your sorrow and your tears!

CERTAINTIES
 A CROSS the fields of unforgotten days
I see the gorgeous pearl-white morning
burst
Through her fine gauze of dreamy summer haze
Beyond the rolling flats of Staplehurst,
To bless the hours with songs of nesting birds,
And the wild hedge rose and the apple tree,
And laughter and the ring of friendly words,
And the noon’s pageant moving languidly.
I walk again with boys now grown to men,
And see far off with reminiscent eyes,
How in the tangled woods of Horsmonden
The mighty sun, a blood-red dragon, dies....
Some things there are as rooted as the grass
In a man’s mind—and these shall never pass.

FEAR

T
READ softly; we are on enchanted ground:
One touch and every hidden thing lies bare,
The deep sea sundered, suddenly unbound
The awful thunders instinct in the air!

Oh, these we know; but what if we should break

A secret spell as easily as glass,
And stumble on their sleeping wrath and wake
The armies and the million blades of grass?

And find more dread than whirlwinds round our head,

The sweep of sparrows’ fierce, avenging wings,
The anger of wild roses burning red,
The terrible hate of earth’s most helpless things?

CHARITY
W HO think of Charity as milky-eyed
Know not of God’s great handmaid’s
terrible name,
Who comes in garments by the rainbow dyed,
And crowned and winged and charioted with flame.

For Truth and Justice ride abroad with her,

And Honour’s trumpets peal before her face:
The high archangels stand and minister
When she doth sit within her holy place.

None knoweth in the depth nor in the height

What meaneth Charity, God’s secret word,
But kiss her feet, and veil their burning sight
Before her naked heart, her naked sword.

SIGHT AND INSIGHT

T
HIS hour God’s darkest mysteries
Are plainer than the screeds of men,
Tangled and false philosophies
Fashioned by lying tongue and pen.

Plain as those bastions of cloud,

Kind as the wide and kindly skies,
And in the wild winds shouting loud
The truths concealed from pedants’ eyes.

Pages which he may read who runs,

Where no unlettered man may fail,
Candid as are his noonday suns
Familiar as his cheese and ale.

Him, Whom our eyes may see, our ears

Hear, Whom our groping hands may touch—
Him we shall find ere many years,
And finding fear not overmuch.

Who gave me simple things to keep,—

Laughter and love and memories,
A farm, and meadows full of sheep,
And quiet gardens full of bees,
And those five gateways of the soul,
Through which all good may come to me,
Saints glorious of aureole,
The flying thunders of the sea,

And feasts, and gracious hands of friends,

And flowers good to stroke and smell;
Oh, in the secret woods He sends
The birds their trembling joys to tell!

He, too, is every day afresh

Hid and revealed in bread and wine,—
The awful Word of God made flesh,
Mortal commingling with divine!
 Mortal commingling with divine!

Shadows and evil dreams o’erthrown

With Dagon and the gods of scorn,
Since Peace was in the silence blown
On that dear night when God was born.

CHRISTMAS CAROL

L AY quietly Thy kingly head

O mighty weakness from on
high;
God rest Thee in Thy manger-
bed—
Sing Lullo-lullo-lullaby—
O Splendour hid from every eye!—
La-lullo-lullo-lullaby!

“Ye mild and humble cattle, yield

Room for my little son to lie;
Your God and mine is here revealed—
Sing Lullo-lullo-lullaby—
Naked beneath a naked sky—
La-lullo-lullo-lullaby!

“Deal kindly with Him, moon and sun;

No bird to Him a song deny;
Ye winds and showers every one
Sing Lullo-lullo-lullaby—
For men shall cast Him out to die ...
La-lullo-lullo-lullaby!”

A GARDEN ENCLOSED
T HERE is a plot where all the winds are still,
A hidden garden where no voice is heard,
Only a splashing fountain and the shrill
Sweet clamour of a bird.

The poplars guard like tall, grave sentinels

Its peace inviolate; and in the tower
With careful ritual ring out the bells
The end of each dead hour.

Laburnums, hollyhocks and roses run

By secret paths—but who shall burst the bars?
Oh, who shall see—except the curious sun
And all the peering stars?...

And Thou and Thou, my Love, for whom I keep

My heart a watered garden, all Thine own,
Where flowers my guardian angel tends in sleep,
Bright summer blooms, are grown!

Come, my Belovèd, come—behold, the skies

Are fragrant with the evening scents and dew:
My soul hath sickened for Thy lips and eyes,
And laden is with rue!

Oh, Thou shalt fly with soft wings like a dove’s

And hold me fast beyond all fate and fear,
And we ’mid flowers shall tell our flowering loves
Where no one else can hear!

THE LOVER
A
N hour ago I saw Thee ride in gold
Along the burning highways of the skies;
And now—Thou comest with soft and suppliant
eyes,
And fearing lest Thy love seem overbold.

In this dear garden set with flower and tree,

My soul, a maiden whom a great king woos,
Stands thrilled and silent—Lord, what can she choose,
Dumbfounded by Thy strange humility?

Since Thou wilt have it so, my Lord, I bare

In love and shamefastness my soul—Thy soul—
So lay Thy tender hand, an aureole,
Upon my beating heart, my chrismed hair.
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