6 Early American Policing
OVERVIEW
In the tapestry of American history, policing is a dynamic thread woven into the fabric of society. This crucial element of the nation’s criminal justice apparatus has undergone several major transformations since its inception. The story of American law enforcement is a narrative of adaptations to societal changes, emerging challenges, and a continuous quest for balance between maintaining social order and protecting individual rights.
As we delve into this chapter, we embark on a journey through time, beginning with the early days of the American colonies when informal systems of community watch and constables operated as rudimentary forms of policing. Then we will proceed to explorations concerning the influence of societal forces and English common law on the early development and practices of formalized police departments in the 19th century. Next, we proceed to an overview of three subsequent policing eras during the 20th century, each characterized by substantial transitions to law enforcement strategy and notable modifications of approach.
This chapter aims to unravel the chronological narrative of policing in the U.S. by delving into the historical context that prompted strategic change and adaptive strategies, while also foreshadowing the ongoing challenges and debates that continue to shape the role of law enforcement in contemporary American society. By navigating the historical landscape of policing in the U.S., you will gain valuable insights into the intricate interplay between societal changes and the evolution of law enforcement institutions. As we commence on this journey through time, it is crucial to critically examine the historical context and challenges that have shaped the policing landscape in order to foster a deeper, enriched understanding of modern American law enforcement.
OBJECTIVES
- Examine the primary factors that propelled change in policing styles during each policing era.
- Identify and differentiate the roles and expectations of police officers throughout the three major policing eras.
- Examine cultural perceptions of police departments and analyze how these perceptions influenced changes in policing structure and approach.
- Analyze adaptive policing strategies that emerged as a specific result of dynamic societal forces and challenges.
- Describe the various policing styles used by law enforcement agencies and how this negatively affected various minority and ethnic groups.
KEY TERMS
- Beat
- Bobbies
- Broken Window Theory
- Community Policing
- CompStat
- Corruption
- Exclusionary Rule
- Hot Spots
- Hue and Cry
- Inequality
- Keystone Cops
- Law Enforcement Assistance Administration
- Night Watch
- Oppressive Systems
- Patronage
- Police Brutality
- Popular Punitivism
- Problem-Oriented Policing
- Protests
- Punitive
- Racism
- Rebellion
- Riots
- Slave Patrol
- Social Injustice
- Subpoenas
- Thief-Taker Rewards
- Uniform Crime Report
- Vice Crimes
- Wickersham Commission
- Xenophobia
- Zero-tolerance Policing
6.1 Early History of American Policing
The term “police” has evolved with various definitions and meanings over time. Simply stated, it is understood as maintaining public order with the authority to establish it (Brodeur, 2010). Early accounts, like Nicolas Delamare’s in Traité de la Police (1705-1738), interpreted “police” more broadly, sometimes referring to the government as a whole and at other times specifying a facet such as the military or clergy, with designated authority and intention to establish and maintain public order, predominantly within urban contexts. In 1765, Boucher d’Argis in Diderot and d’Alembert’s Encyclopedie defined policing as an art that ensures a life of quiet and comfort for urbanites and all other inhabitants of the earth (p. 905). In contrast, a few years later in 1779, Jean Charles Pierre Lenoir asserted policing to be “the science of governing men… [intended] to do them good” (p. 34), a meaning that soon became accepted when the terminology was first adopted in the U.S.
Policing and crime control in America originated in the early 1600s with the British colonization of the East coast regions of North America. By 1682, twelve British colonies had been established, operating under British rule and in accordance with British law. The colonial American legal system, similarly instituted by Great Britain, closely paralleled the British system. Protection and crime control measures were also patterned after the British model. Much like the “shires” in England, groups of families and other neighboring dwellers in colonial villages and counties banded together for safety and crime reduction (Steverson, 2007).
6.1.1 The Night Watch System
British influence maintained a stronghold throughout the 17th century, notably shaping the legal and law enforcement practices of the time. An essential component of this influence was the adaptation of the night watch system by more densely populated cities like Boston, Philadelphia, and New York. Mirroring the system established in Britain, the night watch system consisted predominantly of volunteers who patrolled on foot or horseback through the city at night, monitoring for criminal activity, uncontrolled fires, and ensuring the maintenance of street lamps. When a night watchman witnessed an uncontrolled fire or criminal behavior, they would hue and cry to make the situation publicly known so other citizens could arrive at the scene and offer assistance. Problematically, much criticism of the night watch system emerged, accompanied by troubling reports detailing night watchmen’s use of alcohol, sleeping, and participation in criminal activity during their shift (Monkkonen, 1992).
6.1.2 The Constable System
The lasting impact of the British on colonial America’s law enforcement and legal practices continues throughout the 17th and 18th centuries. A key milestone of this influence was the adoption of the Anglo-Saxton constable system. Typically appointed or elected from the local community, constables served as representatives of English legal traditions in the American colonies. While constables predominantly worked during the day, night watchmen took charge of patrolling the streets in the evenings and nights (Monkkonen, 1992).
Acting as local enforcers of order, constables held significant authority in upholding laws and regulations. In addition to these primary duties, constables had various responsibilities, such as overseeing local jails, facilitating witness appearances in court, and ensuring public safety (Monkkonen, 1992). Constables secured financial support by issuing warrants and civil papers, making arrests, and collecting taxes. This system, reflecting British legal practices, played a pivotal role in the early development of law enforcement in America, laying groundwork for subsequent policing systems.
6.1.3 Sheriff
The sheriff system in colonial America, akin to other law enforcement practices at the time, mirrored the influence of British governance. Derived from the 9th-century Anglo-Saxon word “Shire-reeve,” Sheriffs served as key representatives of British legal traditions in the American colonies and were instrumental in the early development of law enforcement. Often chosen or appointed from among the local community, sheriffs played a crucial role in maintaining order at the local level, frequently being the sole law enforcement presence in entire rural colonial regions. Holding significant authority within their designated areas, these officials served as the primary executive officers responsible for executing legal and administrative functions in a county or specific designated jurisdiction .
Typical duties included serving legal documents, overseeing local jails, and implementing court judgments, serving subpoenas , apprehending criminals, and collecting taxes. Sheriffs received fixed payments based on specific duties. Problematically, collecting taxes was more lucrative than apprehending criminals, making law enforcement a low priority for most sheriffs (Uchida, 1993). While the roles and duties of sheriffs have evolved significantly over time, the sheriff system has been a major foundational component and has laid much groundwork for the modern policing systems in the United States.
6.1.4 Slave Patrols
Originating in the Southern colonies during the 17th century, slave patrols were formed to control the enslaved population, enforce status laws, and safeguard the interests of slaveholders (Dempsey et al., 2018; Schmalleger, 2021). Composed mainly of white, able-bodied men from local communities or even members of the local militia, these organized groups were tasked with maintaining order, suppressing slave resistances, and ensuring the economic stability of slaveholding societies (see this historical record for the establishment of slave patrols, An Ordinance Organizing and Establishing Patrols for the Police of Slaves in the Parish of St. Landry). Slave patrols typically patrolled on horseback and were permitted with the authority to stop, question, and punish enslaved individuals found outside plantations without proper authorization as illustrated in Figure 6.1 below (see this historical record of patrol regulations, Patrol Regulations for the County of Rowan). In states like Virginia, non-slaveholding White men were compelled to participate in slave patrols, which reinforced unity among all social classes of white people, while simultaneously hampering potential alliances between poor Whites and enslaved Blacks (Kendi, 2016).
Figure 6.1
As the enslaved population increased, so did the fear of rebellion . Soon slave patrols were integrated into local laws and endorsed by colonial governments, leading to their widespread implementation along the Atlantic. From the early 1700s through the Emancipation Proclamation (1863) after the Civil War’s end in 1865, slave patrols prevented revolts, enforced curfews, restricted carrying weapons, and monitored various activities of enslaved people. After the passage of the Thirteenth Amendment (U.S. Const. amend. XIII), there was no longer a need for slave patrols. Southern lawmakers and Confederate politicians then enacted discriminatory Black codes to control the newly freed population, recruiting ex-slave patrol members as police officers. Thus, the transition from slavery to freedom maintained oppressive systems . “The postwar South became the spitting image of the prewar South in everything but name” (Kendi, 2016, p. 235), with the slave patrol becoming the police and the prisons akin to plantations.
Operating within a framework that upheld racial hierarchy and entrenched the oppressive system of slavery, the practices and attitudes developed during the era of slave patrols continued to influence the broader history of policing in the United States, shaping relationships between law enforcement and marginalized communities.
6.2 English Policing
In England, only economically stable areas could afford watchmen to patrol streets, a luxury beyond the means of most. High crime rates in economically disadvantaged areas prompted government reorganization, leading to the appointment of magistrates tasked with overseeing community watch programs (Langworthy & Travis, 2003). In 1738, Henry Fielding was appointed to supervise the Bow Street Court with watchmen, later known as the Bow Street Runners. Despite being unpaid, the runners were eligible for thief-taker rewards .
Fielding initiated the first official crime report, demonstrating the Bow Street Runners’ efficacy in crime reduction (Langworthy & Travis, 2003). Recognizing this success, the government granted Fielding additional funding to bolster the civilian police program. During this period, analogous civilian police departments in London were established; nevertheless, these law enforcement organizations faced dissolution in the late 1820s, replaced by a government-operated professional police department as enacted by Parliament.
6.2.1 Robert Peel and the Metropolitan London Police
Figure 6.2
The London Police, initially formed in 1829, became known as Bobbies [GL/] or “Peelers” in honor of Sir Robert Peel, immortalized in Figure 6.2, who is often referred to as “The Father of Modern Policing.” Peel, then the Home Secretary of England, is credited with creating the London Metropolitan Police Department. Recognizing the potential resistance to a large, uniformed force of government officials suddenly appearing on the streets of London and to address the skepticism among those who disagreed with the idea of visible authority, Peel put forth a set of ideas to define law enforcement officers and their duties as focusing on crime prevention and deterrence rather than solely apprehending criminals (Brodeur, 2010).
Peel’s vision necessitated highly visible officials who worked around the clock to more effectively serve the public and deter criminal activity. With officers donning uniform blue attire that resembled military outfits. However, to distinguish them from the military, officers were only armed with wooden truncheons , and pocket pistols were restricted to those holding the rank of inspector and above (Emsley, 1997). Peel also introduced distinct patrol areas, ensuring officers worked within defined regions, fostering familiarity with the community and vice versa.
Under Peel’s direction, a set of “Instructions for Officers” was developed and distributed to all officers, serving as guidelines for their approach to work. Although historians doubt Peel wrote them himself, he played a central role in their creation. Condensed into nine principles, known as “Peel’s Principles of Policing” (Law Enforcement Action Partnership, n.d.), his foundational ideas gained global adoption by policing organizations as detailed in the list below.
Sir Robert Peel’s Nine Principles
- To prevent crime and disorder, as an alternative to their repression by military force and severity of legal punishment.
- To recognize always that the power of the police to fulfill their functions and duties is dependent on public approval of their existence, actions and behavior, and on their ability to secure and maintain public respect.
- To recognize always that to secure and maintain the respect and approval of the public means also the securing of the willing cooperation of the public in the task of securing observance of laws.
- To recognize always that the extent to which the cooperation of the public can be secured diminishes proportionately the necessity of the use of physical force and compulsion for achieving police objectives.
- To seek and preserve public favor, not by pandering to public opinion, but by constantly demonstrating absolute impartial service to 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 public without regard to their wealth or social standing, by ready exercise of courtesy and friendly good humor, and by ready offering of individual sacrifice in protecting and preserving life.
- To use physical force only when the exercise of persuasion, advice and warning is found to be insufficient to obtain public cooperation to an extent necessary to secure observance of law or to restore order, and to use only the minimum degree of physical force which is necessary on any particular occasion for achieving a police objective.
- To maintain at all times 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 being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence.
- To recognize always the need for strict adherence to police-executive functions, and to refrain from even seeming to usurp the powers of the judiciary of avenging individuals or the State, and of authoritatively judging guilt and punishing the guilty.
- To recognize always that the test of police efficiency is the absence of crime and disorder, and not the visible evidence of police action in dealing with them.
Recognizing the essential role of public support, Peel famously coined the phrase, “the Police are the Public; the Public are the Police” (as cited in English et al., 2022, p. 66), illustrating the intertwined relationship between law enforcement and the community. Peel emphasized that not just anyone should be a police officer, advocating that only even-tempered and reserved men would be capable of appropriately handling situations. He implemented hiring procedures designed to select those best suited for police work. The success of Peel’s policing model garnered citizen support and served as the blueprint for early city police departments in the U.S.
6.3 The Political Era
Due to the close ties between police and local politicians, the time period from the 1840s through the early 1900s is often referred to as the political era of American policing (Kelling & Moore, 1988). While it is often argued that the implementation of the first U.S. urban police departments, such as those in Boston, MA (1838), New York, NY (1844), and New Orleans, LA (1852), was in response to rising crime and increased riots , there is no empirical evidence to support these claims. In contrast, historical record indicates that crime rates and the frequency of riots remained relatively stable over this time period (Gurr, 1989). Most likely, citizen support for the development of the first urban police departments was spurred by intolerance for riots and reports of “spectacular crimes,” such as the 1841 murder of Mary Rogers in New York, depicted in Figure 6.3 below (Brodeur, 2010; Monkkonen, 1992); see Today in History: The Mysterious 1841 Murder of Mary Cecile Rogers. While the precise catalyst remains a matter of debate, the outcome was the establishment of the first formally organized police departments in the U.S, complete with full-time employees.
Figure 6.3
Early urban police departments in the U.S. attempted to replicate the English model but fell short of adopting it entirely, resulting in the adaptation of a distorted version of the English policing system (Brodeur, 2010). The most noticeable distinctions between the U.S. and English policing models lie in their overall structure, oversight, and funding allocation at the government level. Specifically, the English policing model is highly centralized, operating and receiving funding from the national government. In contrast, the American policing model is highly decentralized, as well as operated and funded by local governments.
In this political era, law enforcement officers were tightly regulated by political leaders and partisan politics. Hindered by a lack of institutional freedom, they were constrained from operating independently to the current prevailing political opinion, leading to a close alignment between law enforcement and local politicians and political machinery. This entanglement facilitated pervasive bias and corruption within law enforcement agencies. Coupled with insufficient training, basic investigatory strategies, and meager wages, law enforcement proved essentially ineffective in addressing crime alongside their additional responsibilities for maintaining social order and managing various social service tasks.
Typically, cities and counties controlled the police department budgets, exerting political influence over various aspects of the department, including hiring practices, salaries, and job responsibilities. In return, police departments were expected to further the goals of politicians in power, resisting change and upholding the status quo that ensured the politicians’ continued tenure. The relationship between politicians and the police was so intertwined that it was common practice to overhaul entire police departments when changes occurred in the local political administrations. For instance, following the 1880 Cincinnati elections, 74% (219 officers) of the Cincinnati police department were dismissed, and an additional 7% (20 officers) resigned (Uchida, 2005).
Careers in Criminal Justice: The Past and Present of Private Investigation
The history of private investigation and security in the U.S. is a fascinating journey that begins with the establishment of the Pinkerton National Detective Agency by Allan Pinkerton in 1850. Originally formed to combat counterfeiters, the agency quickly expanded its services during the Wild West era to address a wide array of criminal activities, including espionage, labor strikes, and train robberies (Horan, 1967). The Pinkertons gained widespread recognition for their involvement in high-profile cases such as the pursuit of infamous outlaws like Jesse James and thwarting an alleged plot to assassinate President Abraham Lincoln. In the face of this notoriety, the Pinkerton National Detective Agency experienced much criticism, controversy, and conflict. One prominent challenge emerged from their involvement in labor disputes during the late 19th and early 20th centuries, where Pinkerton agents were frequently employed to dissolve labor and workers’ union striking activities as depicted in Figure 6.4 below. Equipped with weapons and use of force tactics, the Pinkerton agency was perceived as anti-labor and gained negative public sentiment (Morn, 1982). In addition to conflicts with labor movements, the agency also faced legal obstacles regarding its involvement in a variety of controversial cases, including the failure to prevent the assassination of President William McKinley in 1901. Concerns also grew about the agency’s influence on public affairs, leading to legal restrictions on the federal government’s hiring of Pinkerton agents in the late 19th century. Over time, the Pinkerton agency evolved from private detective and security and shifted focus as a global entity offering a comprehensive range of risk management and consulting services. Despite the agency’s storied history, the Pinkerton agency played a pivotal role in shaping the landscape of private security and investigation, leaving a long-lasting legacy in the history of American law enforcement.
Figure 6.4
Mining Troubles in Hocking Valley, Ohio
Today, careers in private investigation offer a diverse and dynamic field for individuals interested in contributing to the legal process outside the realm of public law enforcement. Private detectives and investigators conduct independent research to uncover information often related to legal cases and security matters, typically working irregular hours from several locations. Careers in this field require a combination of skills essential for success, including critical thinking, attention to detail, patience, intuition, effective communication, and a strong understanding of surveillance technology. Depending on the specific assignment or case, work generally includes a variety of office tasks, computer research, fieldwork, surveillance, and conducting interviews (Bureau of Labor Statistics, 2024).
Careers in the private security and investigation sector require a blend of education, a license, practical experience, and a commitment to ongoing learning. Job requirements in this field include a minimum of a high school diploma or equivalent, although many employers often prefer candidates with higher education, such as an associate or bachelor’s degree in criminal justice or a related field. Importantly, private detectives and investigators often require a license, with specific requirements varying by state. Practical experience, such as prior work in law enforcement, the military, or private security, is highly valued in this field. Continuous professional development is crucial in this field to stay abreast of evolving investigatory strategies and related technologies. Therefore, specialized training and certifications, such as those in surveillance techniques, cybersecurity, or crisis management, are beneficial.
The pay range for private investigators varies widely based on factors like level of experience, specialization, specialization, and location. Entry-level positions generally range from $40,000 to $50,000 annually, while experienced professionals with expertise in specialized areas or those operating their own agencies can earn significantly higher, with salaries exceeding $100,000 (Bureau of Labor Statistics, 2024).
Private detectives and private investigators are important contributors to the safety, protection, and justice across diverse clients and industries. As the landscape of private security threats expands, so does the demand for skilled investigators in the private sector.
Figure 6.5
As documented in Figure 6.5 above, a great migration of Europeans commenced in the 1870s, coinciding with the period of industrialization. This era drew both immigrants and existing citizens to the larger cities, enticed by opportunities for factory work. Concurrently, there was a substantial movement of African Americans from the southern U.S. regions to urban areas in the North. The year 1910 signified the initiation of “The Great Migration” characterized by hundreds of thousands of African Americans resettlement in northern cities (National Archives, 2021).
In the early 20th century, migrants relocating to developed northern cities were not culturally assimilated or otherwise integrated into the existing structures in their newfound communities. Frequently arriving without housing or employment, these newcomers were commonly viewed as a burden by city residents (Muller, 2012). In addition to the municipal police department’s responsibilities to maintain order and prevent crime, many departments also operated soup lines and assisted new immigrants in finding lodging (Monkkonen, 1982). These extended efforts not only fostered public relations but also provided an opportunity for officers and local politicians to recruit new immigrants into the police force as well as ensured additional voter support.
6.3.1 Strengths and Shortcomings of Political Era Policing Strategy
The political era of American policing, spanning from the 1840s to the early 1900s, witnessed significant change in policing strategies (outlined in the list below, as cited in Kelling & Moore, 1988), yielding both positive outcomes and inherent problems.
Police Organizational Strategies During the Political Era
- Authorization: Primarily political.
- Function: Crime control, order maintenance, and broad social services.
- Organizational Design: Decentralized and geographical.
- Relationship to Environment: Close and personal.
- Demand: Managed through links between politicians and precinct commanders, and face-to-face contacts between citizens & foot patrol officers.
- Tactics & Technology: Foot patrol and rudimentary investigations.
- Outcome: Political and citizen satisfaction with social order.
One of the most beneficial outcomes of the implemented policing strategies was the strong integration of policing departments and local politicians with the neighboring communities. This fostered a sense of empowerment in local communities, garnering strong citizen support for their neighborhood police officers, especially from citizens aligned with the current dominant political interests (Kelling & Moore, 1988). This connection facilitated a more direct influence of elected officials on policing procedure, enabling them to more effectively address the unique needs and priorities of specific neighborhoods. Many times, police were perceived as both successful crime fighters and crucial government agents who assisted immigrants and the poor (Reppetto, 1978). However, this integration also presented significant shortcomings.
The localized focus of the political era struggled to establish consistent standards and practices across jurisdictions, resulting in a lack of uniformity and potential disparities in the application of law. Additionally, the strong ties between police and politicians allowed opportunity for potential corruption , favoritism, and manipulation of law enforcement for political gain. Police departments, in many cases, became tools to maintain the status quo and suppress dissent, hindering the pursuit of justice and impartial law enforcement. Living and working closely with citizens and politicians, combined with a decentralized bureaucratic structure, resulted in poor supervision of police officials, allowing for the emergence of corruption (Friedman, 1993; Kelling & Moore, 1988). Another concern was the close ties with cultural elites, which influenced discriminatory ideas and perpetuated racist attitudes and actions towards those deemed as outsiders, particularly ethnic and racial minorities, who were often greeted to the neighborhood by police officials with the end of a nightstick (Kelling, 1987). Lastly, patronage was used for promotions, leading to inept policing and the widespread negative perception of police officers, stereotyping them as keystone cops (Kelling & Moore, 1988; Muller, 2012).
Figure 6.6
Overall, while the political era emphasized community connection, it also underscored challenges related to corruption and the potential misuse of policing for political agenda. The close entanglement of politics and policing resulted in inferior social decisions, allowing greed and power-mongering to infiltrate the frontlines of the justice system. Moreover, poor pay, inadequate hiring practices, and unethical management led to an unfair, unbalanced policing system that exhibited bigotry and discriminatory treatment, especially towards ethnic and racial minorities and members of lower socioeconomic classes.
Impactful Moments In Criminal Justice: Alcohol Prohibition
The early 20th century witnessed a significant surge in federal power amid growing concerns about alcohol consumption. The temperance movement, fueled by worries about alcohol-related social issues like domestic violence and economic instability, in conjunction with xenophobia , gained momentum in the 19th century. Moral and religious sentiments, notably championed by groups like the Anti-Saloon League, advocated for the prohibition of alcohol. This social pressure culminated in the passage of the Eighteenth Amendment in 1917 (U.S. Const. amend. XVIII, repealed 1933), outlawing beverages exceeding a 2.75% alcohol limit. Two years later, the National Prohibition Act (1919), known informally as the Volstead Act, provided the legal framework for enforcement, defining illegal alcoholic beverages as any beverage containing more than 0.5% alcohol and outlining penalties for violations, including fines and imprisonment.
While the Eighteenth Amendment XVIII (U.S. Const. amend. XVIII, repealed 1933) banned the manufacture, sale, and transportation of intoxicating liquors for beverage purposes, the Volstead Act (National Prohibition Act, 1919) aimed to distinguish between permitted and prohibited alcohol use, allowing exceptions for religious rituals and medicinal purposes. During Prohibition, physicians could prescribe medicinal whiskey, leading to widespread availability (Mennell, 1969).
The Act required federal agents to police illegal alcohol trade, triggering an extensive complication of unforeseen challenges for law enforcement officials, such as the illicit production and distribution of alcohol, the rise of underground bars, and the upsurge of organized crime. Rather than eliminate alcohol consumption, Prohibition merely changed drinking patterns, driving it underground (Mennell, 1969). A vast and lucrative black market for alcoholic beverages emerged as underground bars and bootlegging operations flourished. Speakeasies became popular social venues, and the glamorization of illegal activities became part of popular culture. However, with no regulatory oversight, the quality and safety of bootlegged alcohol were often questionable. Illicitly produced alcohol was often improperly produced and sometimes contained harmful substances, leading to cases of poisoning, blindness, and even death (Okrent, 2011). Meanwhile, organized crime syndicates, such as the infamous Chicago Outfit led by Al Capone, seized the opportunity to profit from the illegal production, distribution, and sale of alcohol. The illegal alcohol trade fueled violence and criminal activities, with gangs engaged in turf wars and violent clashes between rival groups becoming common, while law enforcement faced additional challenges concerning corruption and bribery.
Figure 6.7
Prohibition was widely viewed as government overreach and an infringement on personal freedoms, while the enforcement of Prohibition laws placed significant strain on the legal system and the economy. Many citizens, otherwise law-abiding, were willing to break the law to obtain and consume alcohol. This widespread disregard for Prohibition eroded public trust in the legal system, while police and courts became overwhelmed with alcohol-related cases, diverting resources from other criminal matters. Furthermore, the consequences of Prohibition inflicted harm on the economy as the legal alcohol industry, including breweries, distilleries, and bars went out of business, leading to job losses and economic decline in neighboring industries. In addition, the government also lost tax revenue that would have been generated from legal alcohol sales, further deepening the negative economic impact of Prohibition.
The Volstead Act (National Prohibition Act, 1919), criticized for being overly vague and difficult to enforce, compounded the array of unintended consequences of Prohibition. These negative outcomes eventually led to the ratification of Prohibition, with the Twenty-first Amendment in 1933 (U.S. Const. amend. XXI), repealing the Eighteenth Amendment (U.S. Const. amend. XVIII, repealed 1933), marking the end of Prohibition.
Although the Prohibition was repealed, it demonstrates several important policing dynamics, such as the Federal government’s reliance on local law enforcement agencies for federal law enforcement as well as the significance of a healthy relationship between police and the community, while also demonstrating the interrelatedness among politics, laws, and law enforcement, which exemplifies the Political Era of American policing (Mennell, 1969).
6.4 The Professional Era
The shortcomings in policing during the political era led to external civilian pressure for reform, giving rise to the reform or professional era of American policing in the early 1900s, persisting through the early 1960s. By the late 1920s, the close entanglement of policing with local politicians and business leaders, determined to utilize police for personal political gain and illicit profit, compromised effective strategies, fostering corruption within individual officers and entire departments (Reiss, 1992). This widespread issue, coupled with unprofessional conduct, became untenable, prompting internal and external calls for police reform by the late 1930s.
After the turn of the century, social pressures perpetuating professional police reform efforts instigated additional discussion concerning the precise roles, functions, and responsibility of law enforcement, as well as general departmental structure and operations.
The idea that the police should do more than just arrest criminals, that they should seek to prevent crime and rehabilitate offenders had been suggested years before. But it was not until after the turn of the century, when it enjoyed the support of similar reforms in other areas of American life, that it gained acceptance within police circles. (Walker, 1977, pp. 53-54)
Due to varying interpretations and emphasis on different aspects of professionalization, a broad swath of new reform policies were introduced that, in some instances, substantially differed across departments.
6.4.1 Early Reform (1920-1930)
During the 1920s and 1930s, many police departments narrowed their functions to focus on criminal investigation, suspect apprehension, and crime control (Kelling & Moore, 1988). Professionalization manifested differently in this approach, allowing certain officers to specialize in specific areas of policing rather than only work patrol, concurrently reducing opportunities for corruption by local politicians and community members.
Technological advancements in the early 20th century, such as the automobile, two-way radio, and telephone, made this approach feasible. The adoption of automobiles enabled officers to substantially increase area coverage and respond to emergencies more quickly. Innovations like the two-way radio and telephone significantly increased communication. For the first time, commanding officers could maintain continuous contact with patrolling officers through the two-way radio, and the telephone provided citizens with an opportunity to immediately connect with the police.
Figure 6.8
Leaders such as police chiefs August Vollmer, O.W. Wilson, and Richard Sylvester emerged as important advocates for a more professional police force through endorsements of higher education, modern technology, and elevated standards of professionalism (Uchida, 2005; Walker, 1977). However, the first challenge was addressing corruption and political influence in police departments. Departments implemented civil service systems that emphasized crime prevention and scientifically-based investigation techniques, simultaneously curbing political interference in hiring practices. Many states eliminated patronage hiring practices of police chiefs, adopting civil service examinations or allowing police commissions to appoint chiefs to lifetime tenure (Kelling & Moore, 1988). Changing the hiring practices of police chiefs was not the only adjustment made to avoid corruption. For instance, in Philadelphia, it became illegal for an officer to reside in the same neighborhood where they worked, and officers were limited to patrolling the same beat . Additionally, during this time, training academies were established to enhance officer expertise.
6.4.1.1 August Vollmer
Figure 6.9
August Vollmer, often revered as the “Father of Modern American Policing,” played a pivotal role in the professional policing era in America during the early 20th century (Oliver, 2017). Born in 1876, Vollmer’s law enforcement career began in the late 19th century after military service in the Philippines during the Spanish-American War (Wilson, 1953). Following a successful four-year term as Barkeley’s elected marshal in California, Vollmer was appointed as the first Police Chief of the Berkeley Police Department in 1916, setting a standard for police departments across the nation until his retirement in 1932 (Douthit, 1975).
Vollmer’s leadership in law enforcement was categorized by an unwavering commitment to improving training and professional standards for officers. His progressive reforms reflected the social movement towards professionalization of law enforcement, addressing public concerns about the inadequate police response to rising crime (Walker & Boehm, 1997). In the aftermath of an era marked by widespread police brutality and corruption , Vollmer implemented mandatory police training classes, advocated for hiring of college-educated officers, and was among the first to hire Black officers in 1919 and female officers in 1925, challenging discriminatory employment practices prevalent at the time (Kell, 2017).
Impactful Moments in Criminal Justice: More Inclusive Police Employment Practices
The police reform era marked significant policy shifts, forever changing the employment landscape in American law enforcement. Before this era, women were excluded from employment in law enforcement, and Black men were either excluded or relegated to limited roles. The era’s focus on standardized procedures and less discriminatory hiring policies not only enabled the entry of women into law enforcement but also expanded opportunities for Black officers, representing a pivotal milestone for social equality and establishing essential foundations for subsequent equal rights movements among women and African Americans.
In conjunction with police professionalization reform efforts, civil service hiring procedures were implemented, emphasizing education, temperament, and adherence to standardized procedures. This shift allowed for the employment of the first female officer in 1905 (Walker, 1977). Prior to this milestone, female participation in law enforcement was extremely limited. In contrast to male officers during the early 20th century, who often came from poor families and had minimal education, policewomen during this time were from middle and upper-class families and were often college-educated. Despite this significant education discrepancy, opportunities for policewomen remained exceedingly limited, highlighting the numerous obstacles and challenges faced by women in a society entrenched in structural gender bias and overt sexism .
Figure 6.10
Evidence of limitations for policewomen were apparent by the shortlist of roles and responsibilities, and little opportunity for career advancements. During the reform era, policewomen were mainly utilized for social work-related duties, such as working with juveniles and female victims of crime, as well as undercover operations, typically posing as prostitutes or female citizens to gather information for vice crimes . After World War II, some police departments allowed policewomen to partake in “normal” police tasks more aligned with the duties of their male colleagues. Despite these rare occurrences, limited opportunities existed for women in law enforcement outside of social work during this time (Walker, 1977). Nevertheless, the inclusion of women in law enforcement marked a significant departure from the previously male-dominated field. Granting women official roles of authority in society was paramount for propelling efforts towards equal opportunities and overcoming structural sexism barriers, which, despite efforts for women’s social equality, remains a critical issue in modern society.
Figure 6.11
The reform era also perpetuated positive change for Black policemen, expanding their roles and opportunities beyond the narrow range of duties that typically consisted of undesirable jobs, such as janitorial work (Kuykendall & Burns, 1980). Records indicate a small number of appointed Black police officers during the political era, at the end of the 19th century, with possibly the first Black officer being appointed in 1867 in Salem, Alabama followed by Jackson, Florida in 1868 (Dulaney, 1996). The north began appointing black officers in Chicago, Illinois in 1872 followed by Philadelphia, Pennsylvania introducing their first Black officers in 1884 with an appointment of 35 Black officers (p. 20). This was met with considerable opposition and even erupted in instances of them being accosted in the streets by racist whites but, over time, they were eventually accepted as normal components of the system. Black policemen during the late 19th century “worked in plain clothes—in part not to offend the sensibilities of racist whites” (Walker, 1977, p. 10) and were only allowed to patrol Black neighborhoods with no jurisdictional authority over whites. Policy changes brought about during the reform era helped erode these limitations, expanding the authoritative duties of Black policemen; however, most changes were slow to take hold on the national scale, and many challenges stemming from racial bias , which persisted despite these crucial steps towards greater racial diversity in American policing. Nevertheless, the inclusion of Black policemen in law enforcement was critical for challenging stereotypes and providing Black men the opportunity to have roles of authority in society.
The reform era brought about a transformative shift in American policing, marking significant achievements for inclusivity and social diversity efforts; although these improvements only affected white women and Black men and excluded Black women and all other minority groups. Despite persistent challenges for policewomen and Black policemen during this time, these changes to police employment practices indicate an important departure from historical exclusionary practices in law enforcement. Beyond laying the foundation for more diverse and inclusive American police forces, the policy changes during the reform era established essential groundwork for social equality movements in the ensuing decades.
Vollmer’s contributions to the professionalization of policing were vast. One key initiative was the establishment of the first policing school in the United States (Oliver, 2017). The Berkeley Police School, founded in 1906, evolved into the Berkeley Police Department. This institution, departing from the traditional apprenticeship approach, introduced a systematic and academic approach to law enforcement education. Officers received training in crime investigation, legal procedures, and community relations, establishing a framework for a more informed and skilled police force (Douthit, 1975).
Scientific methods in crime detection were a hallmark of Vollmer’s contributions. Recognizing the need for a systematic and efficient strategy to solve crimes, he integrated scientific principles into policing. A firm believer in the science of police work, he introduced technologies like the lie detector and crime lab forensic science. Vollmer emphasized forensic techniques, such as fingerprint analysis and ballistics, enhancing the accuracy of criminal investigations (Kell, 2017). This emphasis not only improved law enforcement effectiveness but also laid the foundation for modern forensic practices (Douthit, 1975).
Additionally, Vollmer played a crucial role in standardizing police practices. Importantly, he advocated for the development of uniform crime reporting methods and record-keeping systems that cultivated a consistent and reliable database for analyzing crime trends. This commitment to data-driven decision-making enabled police agencies to effectively allocate resources and address emerging challenges, which became a cornerstone of modern law enforcement strategies (Douthit, 1975).
The adoption of motorized patrols was another significant innovation introduced by Vollmer. In a time dominated by foot and horse patrols, Vollmer recognized the potential to revolutionize police mobility through the integration of newly emerging travel technologies. Equipping officers with bicycles in 1910, motorcycles in 1911 (National Motorcycle Museum, 2018), and patrol cars in 1914 all enhanced crime prevention and response, while symbolizing a crucial departure from the archaic image of the static, foot-patrolling officer (Oliver, 2017). In addition to these achievements, Vollmer is also credited as the first police chief to equip patrol cars with two-way radios in 1929 (Douthit, 1975), further improving police communication and response.
Vollmer’s vision for policing was truly groundbreaking. His innovative approach prioritized active officer engagement with the communities they served, fostering a newfound cooperation and trust between citizens and local law enforcement officials. He underscored the importance of a holistic policing strategy that considered underlying social conditions as contributing factors influencing crime (Oliver, 2017). Vollmer advocated for an understanding of these factors among police officials, which was paramount to the later development of a preventative approach to law enforcement.
The significance of Vollmer’s policing philosophy laid the groundwork for future efforts to bridge the gap between police and the public. This challenge for law enforcement reemerges over time, especially amid cultural changes and the expanding demands of a growing, pluralistic, democratic society (Douthit, 1975). Nevertheless, Vollmer’s ideas have proven to be pivotal in shaping the trajectory of law enforcement, emphasizing the need for a collaborative and proactive approach to policing that takes into account the broader social context.
Vollmer’s steadfast commitment to professionalism and innovation earned him widespread recognition, propelling his rapid ascent to prominence and exerting a profound, positive influence on policing practices at the national scale (Bopp, 1977). Orlando W. Wilson, a distinguished scholar of American policing, encapsulated August Vollmer’s career with the following words:
From the beginning Vollmer’s police career was marked, first, by a stubborn insistence that any task could be accomplished and any problem solved if he thought about it and worked at it long and hard enough, and second, by an ingenuity and resourcefulness that enabled him to develop unique methods to accomplish his purpose. His clear vision and critical mind enabled him to probe quickly to the core of any problem. His fresh approach and unswerving determination brought solutions that all too frequently were met by derision from his colleagues, the press, and the public. In consequence, hundreds of experienced police officials scorned, at first, the ideas developed by this young man from a small Western town. But the police profession today recognizes that Vollmer was right in his proposals; his procedures have been adopted by progressive police departments throughout this country as well as abroad. (1953, p. 97)
Chief Vollmer stands out as a prime example of police administration leadership that played a pivotal role in the crucial reformation of policing during the professional era (Oliver, 2017). Through his unwavering emphasis on education, application of scientific methods, standardization of police practices, implementation of an active, community-engaged policing approach, and the integration of technological innovation, Vollmer not only reshaped law enforcement but also set a new paradigm for the field.
His enduring legacy continues to wield a profound influence on modern policing, serving as a reminder of the paramount importance of adaptability, professionalism, and community collaboration among law enforcement in their relentless pursuit of public order and safety (Oliver, 2017).
6.4.1.2 Wickersham Commission
By the late 1920s, burgeoning public interest and controversy surrounding reform of criminal justice institutions had taken root nationwide. In response to these escalating concerns, President Herbert Hoover’s administration established the Wickersham Commission , officially known as the National Commission on Law Observance and Enforcement, in 1929. This commission was tasked with conducting an extensive evaluation of American social institutions, later recognized as the criminal justice system . Named after its chairman, George W. Wickersham, a distinguished attorney and former U.S. Attorney General, the commission’s work was exhaustive and comprehensive, spanning a wide range of issues spanning beyond the three major branches of the criminal justice system (law enforcement, policing, and courts), including criminology, crime statistics, and costs of crime (Walker & Boehm, 1997) .
The commission’s multifaceted investigation included an examination of the legal landscape, focusing on the effectiveness of Prohibition, widespread citizen violations of Prohibition, and the strain on law enforcement stemming from the nationwide ban on alcoholic beverages. Beyond Prohibition, the commission delved into law enforcement practices, addressing issues such as corruption, brutality, and the use of excessive force within law enforcement agencies, harshly condemning many observed policing practices (Walker, 1977). It also scrutinized criminal procedure, aiming to ensure fairness and due process in law enforcement. Additionally, the Wickersham Commission explored the conditions and treatment of individuals in penal institutions, contributing to discussions about criminal punishment and rehabilitation (Walker & Boehm, 1997).
Figure 6.12
The comprehensive findings of the commission, primarily authored by August Vollmer, were documented in a series of reports issued between 1931 and 1932, collectively known as the Wickersham Commission Reports. However, due to the Stock Market Crash in 1929 and the subsequent economic downturn, the country’s focus shifted almost entirely towards economic recovery efforts by the time of the Wickersham Reports’ release. This shift in focus negatively influenced the effectiveness of the committee’s efforts, and as a result, the Wickersham Report “had little immediate impact on public policy” (Walker & Boehm, 1997, p. vii).
One pivotal segment of the commission’s findings that yielded significant and immediate socio-political influence was the Report on Lawlessness in Law Enforcement (Walker, 1997). This comprehensive report meticulously detailed observations and evidence gathered from fifteen cities across the country, exposing prevalent illegal, improper, and unethical law enforcement practices. These practices encompassed the use of threats and intimidation tactics, physical torture, denial of legal counsel, illegal detention, and unreasonably protracted questioning of suspects in custody (Calder, 1993).
The reports provided a thorough analysis of the American criminal justice system at the time, accompanied by a plethora of recommendations for reform (Walker & Boehm, 1997). While not all proposed recommendations found immediate implementation, the commission’s work established a vital foundation for ongoing discourse surrounding American criminal justice system reform in the ensuing decades. This influence resonated, shaping the trajectory of these systems (Walker, 1997) as well as the study of criminology (Walker & Boehm, 1997) in subsequent decades.
6.4.1.3 Senate’s Crime Committee (Kefauver Committee)
By the late 1940s, organized crime stories dominated the newsstands, revealing a government plagued by extensive corruption and the influence of organized crime syndicates in major cities across the country (U.S. Senate, 1950-1951). By the decade’s end, concerns about corruption and unethical behavior, especially within law enforcement, had escalated, sparking discussion among elected officials in various political circles (Boston Public Library, 2024). These conversations revolved around finding appropriate response to numerous requests for federal assistance to address organized crime, particularly its infiltration into interstate commerce , and the economic threats posed by labor racketeering .
To tackle these concerns, the Senate’s Crime Committee, officially known as the Senate Special Committee to Investigate Organized Crime in Interstate Commerce, was established in 1950. Commonly referred to as the Kefauver Committee after its chairman, Senator Estes Kefauver, this committee was tasked with investigating and addressing organized crime activities affecting interstate commerce (U.S. Senate, 1950-1951).
Over the following 15-month period, the committee conducted investigations into widespread police corruption by organized crime syndicates. It televised over a dozen hearings, presenting crucial evidence and featuring more than 600 witnesses. These hearings generated significant interest among millions of American viewers, who witnessed the testimonies of former mafia members such as Mobster Frank Costello, pictured in Figure 6.13 (U.S. Senate, 1950-1951). The public became acutely aware of the powerful influence of organized crime syndicates, particularly the Mafia , on both politics and law enforcement through the publicity of these hearings (Boston Public Library, 2024).
Figure 6.13
The committee’s collaborative efforts yielded several positive outcomes. Firstly, it brought the pervasive influence of organized crime in the U.S. to the forefront of public awareness. FBI Director Hoover acknowledged the national scale of organized crime syndication and admitted the FBI’s failure to address the issue (Friedman, 2005). Additionally, the committee spotlighted organized crime’s involvement in the gambling industry, leading to the dissolution of legislative proposals and state ballots referendums concerning gambling legalization. While immediate legislative changes did not transpire, the Kefauver Committee recommended the expansion of civil law to combat organized crime, a recommendation Congress fulfilled in 1970 with the passing of the Racketeer Influenced and Corrupt Organizations Act (RICO).
Crucially, the committee’s collective efforts ignited future government actions against organized crime, leading to the creation of over 70 “crime commissions” at the state and local levels. For these reasons, the Kefauver Committee is widely viewed as a pivotal milestone in the federal government’s fight against organized crime.
6.4.2 Later Reform Era (1930s-1960s)
Between the 1930s and 1960s, the growing prevalence of automobiles led to increased demands for traffic control, as well as reduced face-to-face interactions of patrolling officers and the public due to the reduced time spent traveling streets by foot. Reinforced by the narrowing of police responsibilities, reduced officer interaction with the public, internal and external department support for professionalization police reform, and findings from the Wickersham Commission , police agencies shifted their focus from social services to crime control (Walker, 1977).
Reform efforts centering on the separation of law enforcement from political leadership were successful. Consequently, this social distancing extended beyond local politics, resulting in an equal distancing of police departments with the local community they served. Over the ensuing decades, this separation transformed police departments into entities focused solely on crime fighting. However, this detachment from local communities left them lacking the necessary skills and experience to handle political unrest effectively and ethically in communities, resulting in brute suppression of people that challenged police authority.
6.4.2.1 The Tumultuous 1960s
Social turbulence began to take shape in the early 1960s, introducing a series of new obstacles for the police. During this time, illegal drug use gained prominence as the overall crime rate began increasing (Blumstein & Wallman, 2000). In addition to growing anti-war sentiment and civil rights movements, these factors imposed major challenges on the police’s efforts to maintain a public image characterized as equitable, successful crime fighters, and upholders of social order.
6.4.2.1.1 Social Unrest, Protests, and Riots
By the early 1960s, police officials, as representatives of the government-authorized enforcers of law, became synonymous with symbols of racism , inequality , and social injustice perpetuated by the high number police brutality incidents that included frequent beatings, abuse, and unjustified killings of Black Americans. Tension and grievance related to police brutality and discriminatory practices, in addition to longstanding racial and economic disparities sparked largescale protests and violent riots in major metropolitan cities across the U.S.
Among the dozens of protests that transpired throughout this troubling era of social unrest was the Harlem Riot of 1964, often referred to as the Harlem Uprising, in the Harlem neighborhood of New York City. According to official reports, the protest was ignited by the police shooting of a 15-year-old African American boy by a white, off-duty police lieutenant following a confrontation, although the exact circumstances that led to the shooting were disputed. News of the shooting rapidly spread, and tension escalated, leading to protest, demonstrations, and eventually, widespread violence over several days, resulting in 100 injuries, one death, 500 arrests, and extensive property damage (Hayes, 2021).
Months later, the 1965 Watts Riots, also known as the Watts Rebellion, occurred in the Watts neighborhood in Los Angeles, California, stemming from an altercation between a Black motorist and an officer of the Los Angeles Police Department (LAPD). During the arrest of the Black motorist, tensions escalated and quickly manifested into widespread violence, looting, and arson that lasted six days, as captured below in Figure 6.14. Law enforcement response was significant, with the California National Guard and the U.S. Army deployed to quell the unrest. By the time the violence subsided, there were over a thousand injuries, 34 officially reported deaths, and approximately 4,000 arrests (Burby, 1997).
Figure 6.14
Additionally important are the Detroit Riots, also known as the 12th Street Riot or the 1967 Detroit Rebellion, which occurred from July 23-27, 1967, at the peak of the civil rights movement. This event serves as a stark reminder of the deep-rooted systemic racism and social inequalities plaguing American history. The riot began as a civil disturbance in Detroit, Michigan, triggered by a violent police raid on an unlicensed bar in the early morning hours. Frustration and discontent, fueled by longstanding racial tensions and exacerbated by decades of systemic racism, discriminatory policies, and economic disparities within African American communities, led to five days of looting, arson, and vehement confrontations with law enforcement. The Michigan National Guard and the U.S. Army were eventually deployed to assist local law enforcement.
The aftermath of the Detroit Riot was profound, resulting in extensive property damage including the destruction of numerous homes and businesses as depicted in Figure 6.15 below. Over 1,000 injuries and 43 reported deaths occurred (Locke, 2017). However, early news reports significantly underestimated the magnitude of arrests, initially stating that only 48 individuals had been apprehended, while the true figure was much higher, nearing 7,000. This discrepancy underscores the chaotic and tumultuous nature of the riots. Additionally, the failure to accurately report the extent of arrests likely reflects a historical pattern of media bias and neglect toward issues affecting marginalized communities, highlighting the continuous need for unbiased, transparent, and accountable reporting in the pursuit of comprehensive coverage of current events (refer to the newspaper excerpt featuring captions and a photo depicting at least 30 prisoners, primarily Black, crowded into a small holding cell, for more on the inaccuracies in news reporting and racially motivated arrests.)
Figure 6.15
Not reported were the deplorable conditions faced by the individuals arrested during the riots. Due to sufficient space to hold the large number of arrested individuals, they were subjected to overcrowded holding cells and deplorable conditions that violated their basic human rights. With limited space, inadequate ventilation, and insufficient amenities, occupants in these conditions typically experienced great discomfort, heightened risk of illness, and mental anguish (Baffour et. al, 2024). The lack of access to proper sanitation facilities and medical attention often exacerbates the dire circumstances, leading to a distressing and potentially hazardous environment for those awaiting due process. This aspect of the riot’s aftermath highlights the broader systemic issues within the criminal justice system, emphasizing the need for reform and greater attention to human rights in times of crisis.
Despite efforts in the professional era to enhance law enforcement’s objectivity, expertise, and systematic approach, evident shortcomings persisted. In response and to better study the criminal justice system, President Johnson called for the creation of an Office of Law Enforcement Assistance and established the President’s Commission on Law Enforcement and Administration of Justice in 1965, ushering in a new era of policing and setting the stage for the evolution of modern police practices (Walker, 1977).
6.4.3 Federal Bureau of Investigation (FBI)
In 1908, Attorney General Charles Bonaparte issued an executive order under President Theodore Roosevelt to assemble a cadre of special agents for the newly established Bureau of Investigation (BOI), a branch of the Department of Justice (DOJ) entrusted with federal law enforcement and investigations. By 1919, nearing the end of World War I, the DOJ and BOI were predominantly focused on monitoring and apprehending individuals suspected of anarchist, Bolshevik , socialist, or other radical political ideologies under the 1917 Espionage Act and the 1918 Immigration Act (Masse & Krouse, 2003). Although these anti-communism efforts initially garnered public approval, public support had substantially dwindled by the early 1920s (Theoharis, 1999).
J. Edgar Hoover, pictured in Figure 6.16 below, strategically distanced himself from some of the more controversial anti-Red policies, greatly benefiting his career. In 1924, he was appointed as the Director of the BOI (later renamed the FBI in 1935), a position he held until his death in 1972 (Masse & Krouse, 2003). Under Hoover’s leadership, the agency underwent rapid transformation, implementing merit-based promotions to replace patronage and initiating major improvements to the agency’s public image. Hoover accomplished this by developing the “Public Enemies” list (later changed to the “10 Most Wanted”) and successfully pursuing notorious criminals such as Bonnie and Clyde, Al Capone, and John Dillinger (Masse & Krouse, 2003; Theoharis, 1999). Hoover played a paramount role in shaping the organization’s identity and operations, including renaming the agency to the Federal Bureau of Investigation (FBI) in 1935.
Figure 6.16
The FBI , in collaboration with the International Association of Chiefs of Police (IACP) and the National Sheriffs’ Association (NSA), adopted the Uniform Crime Report (UCR) program in 1930. Ran by the FBI, the UCR was a centralized crime reporting program that standardized crime data for police departments to voluntarily submit local reported crime and arrest data. For over 90 years, the UCR played a pivotal role in enhancing our comprehension of criminal behavior. The UCR stood as the primary crime database in the U.S. until it was officially replaced by the National Incident-Based Reporting System (NIBRS) in 2021 (Christman & Piquero, 2022).
In the late 1930s, the FBI shifted its focus to domestic security, honing in on fascist and Communist organizations amid the political unrest erupting in Europe (Masse & Krouse, 2003). During WWII, the FBI assumed a pivotal role in investigating espionage, further solidifying its notoriety. In the subsequent Cold War era, the FBI redirected its attention to domestic security, with a particular emphasis on military spies and potential Russian assets, a focus that persisted until the collapse of the USSR in 1991 (Theoharis, 1999).
At the zenith of the Civil Rights Movement in the 1960s, the FBI gained heightened prominence through its investigations into civil rights violations and involvement in high-profile cases such as the assassination of Dr. Martin Luther King Jr. Throughout the 1960s and 1970s, the FBI undertook investigations related to the Mafia , aiming to dismantle major organized crime syndicates. In the 1980s and 1990s, the FBI expanded its intelligence presence, making a substantial impact on an international scale, particularly in the Middle East, with an emphasis on preventing future terrorist attacks such as the bombing of the World Trade Center in 1993 (Masse & Krouse, 2003).
Over the years, the FBI has evolved to address emerging threats, characterized by a dual mission: upholding and enforcing federal laws while protecting U.S. national security against terrorist and intelligence threats (Masse & Krouse, 2003). As the leading agency in the DOJ with a mandate encompassing both law enforcement and intelligence functions, the FBI remains a critical component of the U.S. government’s efforts to ensure public safety and national security.
6.4.4 Strengths and Shortcomings of Reform Era Policing Strategy
Several important advances in policing transpired during the reform era, as outlined in the list below. Most notably, professionalization of law enforcement, integration of technology, use of scientific methods, and standardization of police procedure, along with significant administrative changes characterized by reliance on lawful policies instead of political influence, greatly reduced corruption (Kelling & Moore, 1988; Uchida, 2005; Walker, 1977).
The professionalization of law enforcement officials made notable improvements through the implementation of civil service hiring procedures emphasizing the selection of educated individuals with the proper background and temperament and dedication of adherence to standardized police procedures (Kelling & Moore, 1988). Besides enhancing the quality of officers and building a more competent and disciplined law enforcement workforce, these employment practices also corresponded with newly implemented hiring policies that reduced recrimination, providing opportunity for the employment of the first female officers. Additionally, the introduction of effective training programs furthered professionalization efforts.
Organizational Strategies During the Reform Era (as cited in Kelling & Moore, 1988):
- Authorization: Law and professionalism.
- Function: Crime control.
- Organizational Design: Centralized, classical.
- Relationship to Environment: Professionally remote.
- Demand: Channeled through central dispatching activities.
- Tactics & Technology: Preventive patrol and rapid response to service calls.
- Outcome: Crime control.
Additional notable contributions this era was the implementation of technological innovation and scientific investigation methods. While technological innovation like automobiles and two-way radios substantially improved police response time and communication, the utilization of science-based investigation methods such as fingerprinting, lie detectors, and crime laboratories greatly improved outcomes. Moreover, the implementation of standardized investigation procedures, documentation, and strategic use of the Uniform Crime Report to measure crime and policing effectiveness were also significant achievements that mark this era.
Despite these positive changes, the end of the reform era is characterized by substantial shortcomings concerning resistance to reform, persisting discriminatory practices, and erosion of community relations furthered by isolative policing strategies and focus on crime control (Kelling & Moore, 1988).
Despite reform efforts, some police departments resisted reform and maintained traditional, often outdated, law enforcement practices, hampering opportunities for advancement. Of great concern was the resistance to reform specific to the implementation of less discriminatory policing practices. During this era, racial bias and discriminatory practices persisted in law enforcement, especially within departments and individual officers resistant to reform. Unfortunately, predominantly Black and minority communities continued to experience disproportionate instances of police targeting, harassment, and brutality.
Figure 6.17
Towards the end of the reform era, a realization emerged that the path of American policing again required radical correction. Administrative changes that isolated police departments from political influence had concurrently functioned to insulate them from informal community contact, furthering police isolation and eroding the relationship between law enforcement and local communities (Kelling & Moore, 1988). Furthermore, the integration of automobiles essentially eliminated the police officer walking the neighborhood beat; consequently, transforming law enforcement officials into faceless crime fighters hidden from view by the comfort and safety of their patrol cars. Additionally, the consequential restructuring of department command created animosity and conflict between patrol officers and administrators, heightened by widespread citizen and media critique. This, in conjunction with the adaptation of a narrowed focus on crime control that neglected the social factors underpinning criminal behavior, facilitated the development of a police subculture and perpetuation of an “Us vs. Them” mentality (Uchida, 2005).
The reform era of American policing, marked by monumental improvements, also faced considerable challenges. By the era’s conclusion, the police encountered significant criticism for blatant racial bias and discriminatory practices broadcasted by televised news media. Numerous instances of police using force against minority populations, particularly Black communities, were extensively documented. This negative portrayal, coupled with the rising crime rates in the 1960s and 1970s (Uchida, 2005), contributed to the deterioration of community relations with police, fostering widespread public mistrust and loud outcries demanding substantial changes to law enforcement practices.
6.5 The Community Era
During the 1960s, the U.S. experienced a tumultuous period marked by social discontent, political unrest, and heightened public protests and riots. This era was characterized by pervasive fears of crime, a prevailing culture of popular punitivism , and a spotlight on racial injustice that dominated political debates. Adding to the complexity, the nation grappled with a struggling economy, facing the challenges of “stagflation”—a unique blend of slow economic growth and rapidly rising inflationary prices, which imposed a financial squeeze on households nationwide (Ha et al., 2022; Nielsen, 2023).
Federal Uniform Crime Reporting data from this period revealed a concerning trend: reported crimes across nearly all categories had doubled from 1960 to 1970, while violent crime rates increased even further during this tumultuous decade (Uchida, 2005). Law enforcement agencies found themselves on the front lines of a mounting crime wave, a phenomenon defying a simple, singular explanation. As a result, the 1960s and 1970s witnessed the implementation of various policy changes in response to these multifaceted challenges, signifying the conclusion of the reform era and the initiation of a transition towards the community policing era during the 1970s.
6.5.1 Transitional Years (1960s-1970s)
During the transformative period of the 1960s and 1970s, law enforcement underwent a deliberate evolution, prompted by the recognition of the limitations inherent in existing policing methods. This shift was not only a reaction to immediate challenges but also a proactive effort to address the intricate social and economic factors contributing to the rising crime rates of the time (Uchida, 2005). The result was the advent of the community policing era, which marked a departure from general and reactive policing models toward more decentralized, proactive, and community-oriented approaches.
Central to the ethos of the community policing era was a dual focus: not only on crime control but also on the cultivation of positive relationships between law enforcement agencies and the local communities they served. This marked a departure from traditional practices, emphasizing collaboration and engagement over a strictly punitive approach.
Technological advancements in the 1960s and 1970s, such as computers and the establishment of the 9-1-1 emergency response number, introduced efficiencies to law enforcement. However, these innovations paradoxically contributed to a growing divide between law enforcement and the community. Despite the improvements in police efficiency, the advent of these technologies raised concerns about the potential detachment between officers and the populations they served (Spelman & Brown, 1981). Nevertheless, the use of computers facilitated a more nuanced evaluation of policing strategies.
Figure 6.18
Amid these technological changes, the DOJ played a pivotal role by collaborating with police departments across the country, offering support, and disseminating research and technical assistance. Simultaneously, federal and state governments invested significant resources, allocating millions of dollars to the creation and support of criminal justice education programs.
Research and investigations conducted during this era exposed the ineffectiveness of several common policing practices, which had a detrimental impact on the relationship between law enforcement and local communities. Studies revealed that the mere act of patrolling in cars did not necessarily deter crime (Kelling et al., 1974), that evidence collection at crime scenes lacked efficacy without assistance from witnesses (Chaiken et al., 1977), and even with the implementation of 9-1-1, rapid response to a crime scene did not always translate to swift arrests (Spelman & Brown, 1981).
6.5.1.1 Federal Influence and Impact
Significant federal changes unfolded during this transformative period, reshaping the legal landscape and influencing law enforcement practices. The interventions at the federal level during this era were multifaceted, involving several crucial legal rulings, legislative acts, and the establishment of commissions. These initiatives collectively aimed to fortify constitutional protections, promote equality, and address systemic issues within the criminal justice system. The heightened scrutiny over law enforcement practices contributed to establishing the groundwork for a more accountable and just legal framework, fostering a path towards a fairer and more inclusive society.
The 1960s was a pivotal era characterized by influential U.S. Supreme Court rulings that bolstered citizens’ protections and curtailed police discretion. Notable among these rulings are Miranda v. Arizona (1966) and Mapp v. Ohio (1961), which are central to the safeguarding of individual rights. While exceptions were established through rulings like Terry v. Ohio (1968), these cases collectively ushered in a new era of legal scrutiny over police conduct.
Furthermore, the enactment of the Civil Rights Act of 1964 , pictured in Figure 6.19 below, and the Equal Employment Opportunity Act of 1972 marks significant milestones in the pursuit of equality and inclusion. These legislative measures, beyond addressing workplace discrimination , were crucial factors for the broadening of employment opportunities among women and minority groups, thus, contributing substantially to the advancement of a more diverse and inclusive American workforce.
Figure 6.19
In the years that followed, the American federal government continued to reinforce its commitment to fostering an equitable society through the introduction of pivotal disabilities acts. Among these acts were the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA) of 1975 , originally called the Education for All Handicapped Children Act (1975). These legislative measures constitute significant milestones in the recognition and protection of rights for individuals with disabilities. They established a crucial foundation for subsequent legislation and initiatives dedicated to promoting equal opportunities, ensuring access to education, and safeguarding against discrimination for people with disabilities in the U.S.
The intensifying conflicts and escalating tensions between the police and communities in the 1960s necessitated comprehensive investigations into police corruption and strained relations between law enforcement and minorities. In response, the federal government took decisive action, establishing several commissions during the 1960s and 1970s with the goal of improving understanding and implementing changes in approach to enhance the struggling American criminal justice system. Among the more noteworthy commissions were the President’s Commission on Law Enforcement and Administration of Justice, the National Advisory Commission on Civil Disorders, the Knapp Commission, and the Office of Law Enforcement Assistance Administration (LEAA).
6.5.1.1.1 President’s Commission on Law Enforcement and Administration of Justice
In 1965, President Lyndon B. Johnson responded to mounting concerns about crime and the urgent need for comprehensive criminal justice reform by establishing The President’s Commission on Law Enforcement and Administration of Justice. Entrusted with the task of scrutinizing challenges within the American criminal justice system and proposing reforms, the commission conducted a thorough two-year investigation, culminating in the release of its seminal report, Challenge of Crime in a Free Society (1967). This landmark document comprised over 200 recommendations aimed at enhancing the criminal justice system. Noteworthy contributions from the report include the initiation of the community policing approach, the establishment of a national 9-1-1 emergency response hotline, advancements in police training and professionalism, inspiration for the National Crime Victimization Survey , and the creation of the LEAA . The commission’s profound impact resonated across subsequent criminal justice policies, significantly influencing the trajectory toward the community policing era (Diegelman, 1982).
6.5.1.1.2 National Advisory Commission on Civil Disorders (Kerner Commission)
Established in 1967 by President Lyndon B. Johnson, the National Advisory Commission on Civil Disorders, commonly known as the Kerner Commission, undertook an investigation into the causes of racial unrest and urban riots that marked the earlier part of the decade. Chaired by Illinois Governor Otto Kerner, the commission released its seminal findings later that year, encapsulated in the Report of the National Advisory Commission on Civil Disorders (1968), also known as the Kerner Report. The report unequivocally identified systemic racism and socioeconomic inequality as predominant factors fueling social unrest, famously declaring in its introduction: “Our Nation is moving toward two societies, one black, one white—separate and unequal” (p. 1). Instrumental in fostering an understanding of structural racism as the primary factor propelling social inequality, the report shifted the narrative, redirecting blame for social unrest away from urban Black communities. Moreover, the Kerner Report underscored the far-reaching negative impacts of racial segregation on various socioeconomic aspects, including employment, education, and housing, leading to a troubling cycle of poverty and crime in Black neighborhoods nationwide. The report also critically portrayed police not just as government actors of authority, but as symbols of repression, racism, and brutality. Urging the nation to address these root causes, the Kerner Commission proposed comprehensive social and economic reforms to prevent future civil disorders. Its findings highlighted the urgent need to confront racial injustice and set the foundation for subsequent discussions on racial and economic disparities in the United States.
6.5.1.1.3 Commission to Investigate Alleged Police Corruption (Knapp Commission)
The Knapp Commission, officially the Commission to Investigate Alleged Police Corruption, was established in 1970 in response to widespread allegations of corruption within the New York City Police Department (NYPD). Led by its chairman, federal judge Whitman Knapp, the commission set out to investigate and uncover corrupt practices among police officers. The commission’s collaborative efforts exposed systemic corruption, ranging from bribery and extortion to narcotics-related misconduct within the police force. The Knapp Commission’s findings were published in the landmark The Knapp Commission Report on Police Corruption (1973), commonly known as the Knapp Report, which unveiled extensive corruption throughout the entire NYPD and proposed essential reforms to tackle this pervasive issue. Notably, the report coined the terms “grass eaters” to reference officers accepting gratuities and small bribes such as from tow-truck drivers, gamblers, or construction workers, and “meat eaters” for those seeking opportunities to exploit criminals or criminal organizations for substantial sums (Armstrong, 1995). This report had a lasting impact on police practices, leading to increased scrutiny, internal reforms, and changes in the oversight of law enforcement agencies.
6.5.1.1.4 Law Enforcement Assistance Administration (LEAA)
In response to the escalating crime rates and public unrest in the 1960s, there was a recognized need to bolster crime control efforts. The Law Enforcement Assistance Administration (LEAA), established in 1968 under the Omnibus Crime Control and Safe Streets Act during the Johnson administration, emerged as a pioneering federal agency. Directed by J. Edgar Hoover, it became the first major program channeling federal aid—totaling approximately $7.5 billion between 1969 and 1980—to local and state law enforcement agencies (Diegelman, 1982). The LEAA aimed to modernize and professionalize policing by offering financial and technical support for training, equipment, and criminal justice programs. The agency sought to enhance state-level law enforcement practices, address rising crime, conduct research, and promote collaborative efforts between federal, state, and local authorities. However, the LEAA faced criticism for unrealistic expectations, poor fiscal management, and bureaucratic inefficiencies, coupled with an inability to demonstrate a tangible reduction in crime. Public concerns about the militarization of police forces further contributed to its dissolution in 1982 as part of broader government reorganization efforts, marking the conclusion of a pivotal era in federal support for law enforcement initiatives.
Impactful Moments in Criminal Justice: Pivotal 20th Century Court Rulings that Shaped Police Procedure
Table 6.1
Pivotal 20th Century Court Rulings That Shaped Police Procedure
Case & Year: |
Rulings’ Impact on Police Procedure: |
Weeks v. U.S. (1914) |
Established the Exclusionary Rule , prohibiting federal courts from admitting illegally obtained evidence through search and seizure by federal police officers. |
Mapp v. Ohio (1961) |
Expanded the scope of the Exclusionary Rule to encompass state police and courts. |
Miranda v. Arizona (1966) |
Mandated law enforcement to inform individuals in custody of their rights, including the right to remain silent, the right to an attorney, and the protection against self-incrimination. |
Katz v. U.S. (1967) |
Broadened the scope of the Fourth Amendment (U.S. Const. amend. IV) by delineating a reasonable expectation of privacy concerning wiretapping and electronic surveillance. |
Terry v. Ohio (1968) |
Granting officers the authority to conduct a search of a person for weapons based on reasonable suspicion. |
Martinez-Fuerte v. U.S. (1976) |
Affirming the constitutionality of police checkpoints and declaring them not to be in violation of the Fourth Amendment (U.S. Const. amend. IV) . |
Michigan v. Summers (1981) |
Affirming that officers possess the authority to briefly detain occupants of a residence when executing a warrant to search for contraband. |
Edwards v. Arizona (1981) |
Once a suspect in custody invokes their right to counsel, officers must promptly cease any questioning. |
Michigan v. Long (1983) |
Extended the parameters of the “protective sweep,” enabling officers to search car compartments in the proximity of the suspect even after the suspect has been detained. |
Tennessee v. Garner (1985) |
Establishing that the use of deadly force on a fleeing suspect is deemed unconstitutional unless the officer possesses probable cause that the suspect poses a significant threat to death or serious bodily injury to the officer or the public. |
Graham v. Conner (1989) |
Mandated the application of the “objective reasonableness” standard in evaluating claims of excessive force by law enforcement. |
Wilson v. Arkansas (1995) |
Unless it increases the risk of injury or the destruction of evidence, officers are obligated to adhere to the “knock and announce” procedure, providing a reasonable amount of time before entering a residence with a search warrant. |
6.5.2 Pinnacle of the Community Era (1980s-1990s)
During the late 1970s, a shift in policing emerged, marked by an emphasis on community-oriented law enforcement and more inclusive hiring practices, indicating the onset of the community policing era (Kelling & Moore, 1988). This era, akin to the changes in the preceding police reform era, prioritized enhanced training and professionalization of law enforcement with the overarching goal of revitalizing police relations with citizens through increased police presence in local communities. An additional positive outcome of the community policing era was the transformation in minority and women recruitment practices. For example, in 1973, Black officers constituted about 6% of sworn officers (Walker & Katz, 2001), a figure that grew to around 9.3% by 1987 and further increased to 11.7% by 1997 (Reaves & Goldberg, 2000). The recruitment of female sworn officers also experienced a noticeable uptick, with women comprising approximately 7% of sworn officers in the 1970s (Sims et al., 2003), escalating to 9% in 1990, and reaching an estimated 13% in 2000 (Garcia, 2003).
During the community policing era, a fundamental shift occurred with a strong emphasis on engaging the community in collaborative efforts to identify and address local concerns. This involved a partnership between police officers and community members to foster open communication and cooperation. Policing strategies during this period placed a heightened focus on preventing crime through educational initiatives, outreach programs, and community-based solutions. Notably, problem-solving took center stage, aiming to delve into the root causes of crime and disorder rather than just reacting to incidents. Crucially, collaboration became a cornerstone, involving a cooperative effort with various community stakeholders such as local government, social services, schools, businesses, and non-profit organizations. This collective approach aimed at tackling the intricate social issues contributing to crime and disorder.
The era also witnessed a shift towards structural decentralization, empowering law enforcement at the local level. Police departments were granted greater authority to customize their strategies, ensuring they best met the unique needs of the communities they served.
Additionally, the definition of law enforcement success underwent a transformation. This entailed moving beyond a sole reliance on quantitative crime statistics as measures of success. Instead, success now encompassed factors like community satisfaction and overall well-being, reflecting a more comprehensive and community-centric approach to evaluating law enforcement effectiveness (Braga, 2008).
6.5.2.1 Broken Window Theory and Zero-Tolerance Policing
By the late 1970s, research, including studies like the one funded by the Department of Justice and conducted by the San Diego Police Department (Boydstun & Sherry, 1975), suggested that community policing held the potential to effectively foster community trust with law enforcement. Concurrently, influential scholar Herman Goldstein (1977) introduced problem-oriented policing, proposing that police agencies could enhance their efficiency and effectiveness by focusing on research to pinpoint hot spots of crime and strategically allocating resources to prioritize those areas. At the core of the problem-oriented policing philosophy was the crucial involvement of the community to understand where and how crime was occuring (Goldstein, 1977).
In 1982, James Q. Wilson and George Kelling published a pivotal paper, “Broken Windows,” endorsing problem-oriented policing and advocating for its widespread adoption by law enforcement agencies. This landmark paper introduced the Broken Window Theory , suggesting that physical indicators of neighborhood disorder, neglect, and decay, such as broken windows or graffiti, when left unaddressed, could act as visible signs of eroding informal control . This signals to potential offenders that the area is not being actively monitored or maintained, thereby creating an environment more inviting to criminal behavior and leading to elevated crime rates. Wilson and Kelling argued for a zero-tolerance policing approach, proposing the arrest of individuals for minor infractions as means to prevent neighborhoods from succumbing to disorder and escalating crime. This approach rapidly gained widespread acceptance and was implemented by numerous policing departments.
Figure 6.20
As the 1980s unfolded, community policing gained rapid acceptance among scholars, practitioners, and politicians. However, this widespread support was marred by the ambiguous definition of community policing. Eck and Rosenbaum (1994) stated:
One reason for its popularity is that community policing is a plastic concept, meaning different things to different people. There are many perspectives on community policing, and each of them is built on assumptions that are only partially supported by empirical evidence. (p. 3)
Problematically, this ambiguity led to varying interpretations of community policing. For some, it simply meant implementing more law enforcement foot patrol and facilitating community events. Other law enforcement agencies, however, viewed community policing as a form of order maintenance, deploying officers with a zero-tolerance policing approach to clean the streets, while another perspective perceived successful community policing as the development of neighborhood watch programs (Uchida, 2005).
Zero-tolerance policing neatly aligned with the vague contours of community policing. However, instead of utilizing the community policing approach to reintegrated law enforcement officers into communities for collaborative efforts aimed at neighborhood improvement, zero-tolerance policing strategies placed law enforcement officers in communities with a focus on arresting individuals for even the most minor offenses. Departments adopting zero-tolerance policing measures encouraged officers to proactively stop and question anyone deemed “suspicious,” leading to a significant increase of these occurrences among minority individuals (McArdle & Erzen, 2001). Notably, in 1999, 50% of all persons stopped in New York City were Black, a disproportionately high figure compared to the city’s black population, which constituted only 25.6% of the total population at the time (Bass, 2001). Furthermore, the percentage White suspects who were stopped and frisked in New York City were much more likely to have contraband than Black and Hispanic suspects who were stopped and frisked (MacDonald & Barga, 2019). Instead of fostering a stronger bond between community members and the police, zero-tolerance policing exacerbated divisions in many communities.
Ethical Dilemmas in Criminal Justice: Troubling Race Relations in the 1990s
Figure 6.21
Violent Scene from The Rodney King Beating on March 3, 1991
In the 1990s, a series of high-profile cases thrust issues of police brutality and misconduct into the public spotlight, triggering concerns about racial injustice . One such incident occurred on March 3, 1991, when Rodney King, an African American motorist, fell victim to a brutal beating by four officers from the Los Angeles Police Department during a routine traffic stop. Shockingly, the entire event was captured on a bystander’s video camera, laying bare a disturbing exhibition of excessive force and police brutality. Despite irrefutable video evidence, all involved officers were acquitted in an April 1992 trial, inciting outrage and exacerbating racial tensions in Los Angeles (Cannon, 1999). The acquittal culminated in widespread riots on April 29, 1992, characterized by looting, arson, and violence, lasting six days and resulting in 63 deaths, thousands of injuries, and extensive property damage. The Rodney King case and the subsequent riots brought systemic issues of racial injustice and police misconduct to the forefront, sparking a national conversation about the imperative for reform within law enforcement and the broader criminal justice system.
On August 9, 1997, another disturbing incident unfolded, involving Abner Louima, a Haitian immigrant, who was arrested following a nightclub altercation in New York City. At the police station, Officer Justin Volpe subjected Louima to a violent attack in the bathroom, involving rape and the brutal use of a broken broomstick that resulted in severe internal injuries. The Abner Louima case gained notoriety for its shocking brutality and racist undertones (McArdle & Erzen, 2001). Officer Volpe eventually pleaded guilty to multiple charges, including violating Louima’s civil rights, receiving a 30-year prison sentence. Other officers implicated in the subsequent cover-up were also convicted.
Both the Rodney King and Louima cases had a profound impact on public perception of police misconduct , fostering an ongoing dialogue about the necessity for accountability and reform within law enforcement. These incidents underscored the urgency of addressing systemic issues to prevent such instances of brutality and to ensure justice for the victims involved.
6.5.2.2 The War on Drugs
During a pivotal press conference on June 17, 1971, President Richard Nixon declared war on drug abuse, branding it as “public enemy number one” (as cited in Richard Nixon Foundation, 2016, para. 1). This symbolic proclamation marked the onset of an intense and wide-ranging political campaign against illegal drugs, famously known as the War on Drugs (Hudson, 2011). Nixon’s declaration laid the groundwork for a series of policies and initiatives aimed at combating illicit drug abuse, the drug trade, and associated criminal activities. While Nixon is often credited with coining the term, the War on Drugs reflects a broader trend of addressing drug-related issues through law enforcement and political means that had been evolving for several decades prior (Kerrigan, 2017).
In the same year, Nixon proposed the establishment of the Drug Enforcement Administration (DEA), a federal agency entrusted with coordinating and overseeing the legal enforcement of drug-related laws and regulations. The Comprehensive Drug Abuse Prevention and Control Act, enacted by Congress in 1970, served as the legislative framework for Nixon’s anti-drug initiatives.
The early years of the War on Drugs were characterized by a strong emphasis on law enforcement and punitive measures. Nixon’s administration supported policies such as no-knock warrants, mandatory minimum sentences, and increased funding for drug law enforcement, aiming to combat drug abuse and trafficking through aggressive policing and stricter legal consequences. However, this implementation of strict law enforcement measures, fueled by the War on Drugs, resulted in increased arrests, longer sentences for drug-related offenses, and the adoption of militant tactics by law enforcement (Hudson, 2011). Unfortunately, these measures disproportionately affected minority communities, leading to a notable surge in the incarceration rate, particularly among African American and Hispanic populations (Rosino & Hughey, 2018). Problematically, the extensive imprisonment of working-aged men in minority communities, stemming from policies implemented during the War on Drugs, including the enforcement of zero-tolerance policing , markedly restricted opportunities for family income acquisition and depleted crucial neighborhood resources. Beyond intensifying the prevailing social and financial challenges encountered by these communities, these policies perpetuated an ongoing downward spiral into a cycle of poverty.
The 1980s witnessed the escalation of the War on Drugs under President Ronald Reagan, who championed the “Just Say No” anti-drug campaign (Kerrigan, 2017). During this period, there was a substantial increase in funding for drug enforcement agencies, accompanied by legislation like the Anti-Drug Abuse Act of 1986, which imposed harsh mandatory minimum sentences for drug offenses, including a 100-to-1 sentencing ratio for crack cocaine, compared to powder cocaine (Provine, 2007). These sentencing disparities between drugs prevalent in minority communities, such as crack cocaine, and those prevalent in white communities, like powder cocaine, underscore troublesome issues in the criminal justice system stemming from systemic racism (Provine, 2007; Rosino & Hughey, 2018).
Even with technological advancements in the 1980s and 1990s, such DNA analysis and the implementation of CompStat , a system integral to problem-oriented policing , crime rates continued to rise. By the early 1990s, violent crime rates soared to unprecedented levels (Blumstein & Wallman, 2000). Amidst the full force of the War on Drugs , relations between law enforcement and minority communities were struggling, a problem that worsened significantly following the Rodney King incident (Cannon, 1999).
As the political landscape around crime evolved, the imperative of being “tough on crime” became crucial for politicians seeking public support (Provine, 2007). In 1994, President Bill Clinton’s administration and Congress passed the Public Safety Partnership and Community Policing Act, part of the Violent Crime Control and Law Enforcement Act (1994), authorizing $8.8 billion over a period of six years to fund local police departments adoption of community-oriented programs. By 2000, 90% of all local police officers in the U.S. worked for a department that had adopted some form of a community policing plan (Hickman & Reaves, 2003).
Despite substantial financial investments and extensive law enforcement efforts, the War on Drugs drew criticism for its limited success in mitigating the societal impact of drug abuse and effectively curbing illegal drug trafficking (Hudson, 2011). Many argue the War on Drugs was overly punitive and not only failed to address the root causes of drug addiction, but largely contributed to the growth of the prison-industrial complex and strained law enforcement relations with low-income and minority communities (Provine, 2007).
The War on Drugs has evolved over time, there are ongoing debates about its effectiveness and the need for reform. In recent years, there has been a growing support for reassessing drug policies utilizing a public health approach that emphasizes treatment and prevention over punitive measures (Kerrigan, 2017). Some countries and certain states in the U.S. have adopted a more comprehensive and public health-oriented approach for addressing drug-related issues, including drug decriminalization, legalization of certain drugs, increased availability of drug abuse treatment facilities, and harm reduction measures. Despite decades of policy implementation and law enforcement efforts, drug abuse and illicit trade persists as significant challenges in modern society (Hudson, 2011; Kerrigan, 2017).
6.5.3 Strengths and Shortcomings of Community Era Policing Strategy
The 1960s and 1970s witnessed a transformative shift in law enforcement, culminating in the emergence of the community policing era during the late 20th century. Driven by an acknowledgment of the limitations of traditional policing methods and a commitment to addressing complex social factors influencing crime, this era represented a transition from traditional, reactive policing to a proactive, community-centered approach (Kelling & Moore, 1988). This era is characterized by the introduction of new approaches, advocacy of ongoing research that sought to refine policing strategies, and incorporation of technological advancements like CompStat and DNA analysis to enhance police effectiveness and efficiency (Willis, 2014). As detailed in the list below, strategies implemented during this era emphasized collaboration, community engagement, and a holistic approach to public safety. Despite these improvements, success was constrained by the overshadowing complexities of multiple challenges.
Summary of Police Organizational Strategies During the Community Policing Era (as cited in Kelling & Moore, 1988):
- Authorization: Community support, law, professionalism.
- Function: Crime control, crime prevention, problem-solving.
- Organizational Design: Decentralized, task forces, matrices.
- Relationship to Environment: Consultative, police defend values of law and professionalism, listen to community concerns.
- Tactics & Technology: Foot patrol, problem-solving, etc.
- Outcomes: Quality of life and citizen satisfaction.
A significant advantage of this era was its focus on nurturing improved relations between law enforcement agencies and the communities they served. Prioritizing community engagement and collaborative problem-solving facilitated the building of trust, enhancing public safety. The proactive emphasis on collaborative problem-solving between police and community members to address underlying issues was instrumental for crime prevention. Furthermore, the inherent flexibility of community policing allowed for law enforcement to tailor strategies to meet the unique needs of each community, fostering a positive perception of officers as partners in public safety assurance (Willis, 2014). The era also aimed to enhance the training and professionalization of the police force, particularly beneficial for officers engaged in neighborhood patrols and collaborative community efforts.
A particularly favorable outcome of the community policing era was the increase in the recruitment and employment of women and minority individuals within law enforcement agencies. Although such employment initiatives had their roots in the preceding policing era, the community policing era marked a broader adoption of these policies, leading to considerably more diverse and inclusive police forces. Nevertheless, workplace discrimination persisted during this period, underscoring an ongoing issue in contemporary society.
An inclusive law enforcement agency brings forth numerous advantages. Providing women and minorities with more opportunities for roles of authority in society is crucial for bolstering social equality efforts and mitigating harmful biases and stereotypes. Beyond advancing social justice and equality, more inclusivity within police forces also enhances the overall effectiveness of law enforcement efforts through the promotion of building community trust, enhancement of cultural competences, fostering of positive relationships with the public, and improvement to law enforcement’s public image—especially beneficial in an era predominantly emphasizing community relations with law enforcement.
Despite the adaptive changes in law enforcement strategy during the community policing era, several challenges emerged that significantly hindered the success of law enforcement during this time. Resource allocation emerged as a crucial issue, resulting in insufficient funding for essential resources and training within certain police agencies, crucial for proper policy implementation. A host of critical issues arose from the ambiguous definition of community policing . The lack of a precise, concrete understanding of this concept allowed for diverse interpretations, leading to inconsistent implementation and varying degrees of policy effectiveness across jurisdictions. These challenges were further intensified by resistance to change within specific agencies that adhered to more traditional, authoritative policing ideologies.
Furthermore, the vague definition of community policing allowed for some interpretation to be in alignment with zero-tolerance policing , exacerbating tensions between law enforcement and residents of low-income communities and minority neighborhoods. Practices like racial profiling and higher arrest rates of minorities, escalated by policing methods such as stop and frisk , further strained relations between community and police (Willis, 2014). These issues, combined with a lack of sustained commitment from both law enforcement agencies and communities, posed significant challenges and greatly limited the success of this approach.
While community policing sought to address localized issues, it had minimal impact on macro structural factors underpinning crime, such as systemic poverty, inequality, and lack of access to resources. Although, several indirect effects from policies implemented during this era, like zero-tolerance policing and those enacted during the War on Drugs, serve to amplify the consequences of structural discrimination and systemic racism as evident by the range of negative secondary outcomes that disproportionately affected low-income communities and minority neighborhoods.
In summary, the community policing era observed substantial improvements, especially in acknowledging the importance of fostering a trusting and collaborative relationship with the communities they serve. The notable achievement of increased inclusion and diversity among law enforcement officers marked a crucial milestone during this era. However, the absence of a unified definition for community policing resulted in a myriad of policing approaches and inconsistent policy implementation, leading to varying levels of effectiveness. Ultimately, these challenges severely constrained success of the community policing approach during this era.
Figure 6.22
Summary
In conclusion, the exploration of early American law enforcement unveils a dynamic evolution shaped by the needs, challenges, and societal transformations of the time. From the informal systems of community watch and constables in the early American colonies to the formalized law enforcement agencies influenced by English common law in the 19th century, the trajectory of American policing is marked by adaptability and response to societal shifts.
The three distinct policing eras in the 19th and 20th centuries signify pivotal transitions in law enforcement strategy. The mid to late nineteenth century witnessed the emergence of the first formally organized American law enforcement agencies, marking the political policing era. Despite this milestone, law enforcement officers were tightly regulated by political leaders and partisan politics, rendering them as extensions of the prevailing political ideology typically plagued by bias , corruption , and ineffectiveness in combating crime. These shortcomings became the impetus for police reform, ushering in a new policing era. Defined by substantial transformations in policing dynamics, characterized by improved hiring practices, officer training, incorporation of technological innovations, and the use of scientific methods for investigation, the professional era underwent major changes that inadvertently created a divide between law enforcement and local communities.
The social upheaval of the 1960s acted as a catalyst, propelling a shift in law enforcement strategy and instigating the transition into the community era. While this period brought about notable improvements, including the integration of new technology and a focus on community engagement and collaborative problem-solving, this era encountered numerous obstacles, hampering the overall success of this approach.
As we reflect on this historical journey, it becomes evident that American law enforcement has been a complex interplay of tradition, adaptation, and response to the ever-evolving needs of society. The challenges and successes of early American law enforcement provide valuable lessons for contemporary discussions on policing, emphasizing the importance of a flexible, community-oriented, and inclusive approach to meet the diverse and dynamic needs of a changing society.
Review Questions
- Describe the three policing eras in America. How did the roles and expectations placed on police officers during each era vary?
- Analyze the precise transformations in law enforcement strategies arising from the incorporation of technological innovations during the early 20th century.
- ________ ___________ is often described as the father of modern day policing?
- Examine the impact of Prohibition on local law enforcement agencies and explore how it led to strain across the criminal justice system (e.g. law enforcement, courts, and corrections).
- Bias and corruption were key factors propelling shifts in law enforcement strategy, serving as catalysts for the emergence of the __________ policing era.
- How did August Vollmer influence policing during the early and mid-20th century?
- Analyze the public perceptions of law enforcement during the 1960s. Explore the impact on law enforcement relations with minority communities in the past, and the enduring relevance of these dynamics as an issue in contemporary society, considering the Media’s past and present influence on cultural perceptions of police and community relations.
- Examine in detail the many adverse effects of the War on Drugs on minority communities. How do the outcomes of these policies continue to negatively affect these communities in the present-day?
- Explore the significance of early inclusive hiring practices in police agencies and advantages of diversity within law enforcement. Investigate the many ways that systemic discrimination, such as sexism and racism, remain as obstacles in modern society.
- Discuss the limitations of the community policing approach during the community policing era and how this reduced the effectiveness of this policing approach.
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