"dem police and function"
Police in a Democracy • What is a Democracy? • Participatory Government – Majority Rule, Minority Rights – Federalism (local governance, pre-eminence of national level government) – Citizenship is about participating • Rule of Law (Accountability) – Constitutional Government – Separation of Powers – Civil Rights Democratic Values: Individualism (freedom) Human Dignity Social Justice The Building Blocks of Democracy – Social Contract • "Each of us puts his person and all his power in common under the supreme direction of the general will, and, in our corporate capacity, we receive each member as an indivisible part of the whole." (Rousseau) • Individuals give up certain freedoms for the collective good • In return citizens receive certain inalienable “freedoms” or protections – The concept of Sovereignty • Self determination that reflects the will of the people, and in this is the manifestation of freedom. • Sovereignty is inconsistent with representation; it requires individuals to directly participate. • The state acts on our authority for the common good of the people The Central Dilemma of the State as well as Police as an Institution • Citizens give in to the lure of power and force to benefit themselves • How can we grant individuals the ultimate power of force and ensure that they will Not use it illegitimately? • Most of the important sociological and democratic issues re: police emerge from this dilemma. What are democratic police? • Origins traced to Greece: Concepts of political actor and city (polis) • Our focus will be on Public Police • The police represent the interests of the collective community (society) • They are state actors whose authority (in a democracy) is derived from the collective will of the people • Taming the police is the key aspect that separates democratic police from a police state. Skolnick (Reserve 1) on Dem. Police • Aspects of Democratic police in racialized society – Openness • What is meant by openness? – Accountability • What is meant by this? • Procedural Justice? Police in a Democracy • Law and the Police – Substantive (Criminal) Law – Civil Law – Common or Natural Law – Procedural Law – Stare Decisis (Case Law) • Conflict between individual freedoms (constraint on government) & ensuring public good/welfare • Police focus tends to be on Substantive, Procedural and Case types of Law – Substantive tends to provide police with power – Procedural tends to limit police power • Case Law has tended to interpret ambiguities or changes in procedural law. • Case law sometimes increases police powers, sometimes it further constrains them The Bill of Rights & the 14th Amendment, slide 1 of 2 First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Criminal justice issues: public speeches, gatherings, and demonstrations – especially against the government. Second Amendment: A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. Criminal justice issue: gun control. Third Amendment: No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Criminal justice issue: none. Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. Criminal justice issue: search and seizure, search warrants, use of deadly force. Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land of naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. Criminal justice issues: charging criminals, double jeopardy, due process or fair treatment if charged with a crime, self-incrimination or confessions. The Bill of Rights & the 14th Amendment, slide 2 of 2 Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Criminal justice issues: speedy and public trial, impartial jury from the area in which the crime was committed, being told of the charges, being able to ask questions of the witnesses. Seventh Amendment: In suits at a common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. Criminal justice issue: appeals in criminal trials. Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Criminal justice issues: staying in or getting out of jail while awaiting a trial, seriousness of the punishment. Ninth Amendment: The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. Criminal justice issues: none. Tenth Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Criminal justice issues: none. Fourteenth Amendment: All persons born or naturalized in the United States, and subject to the jurisdiction there-of, are citizens of the United States and the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal prosecution of the laws. Criminal justice issues: What is due process and equal protection of the Police Functions in Democratic Society Foundation of the Police Role? – Egon Bittner famously argues that the defining feature of a police is • Legitimate Use of Force • State authorized coercion of citizens • From a democratic perspective this power is borrowed from citizens • Traditional functions of police: • To prevent and control conduct widely recognized as threatening to life and property (understood as symbols of freedom) • To fight crime by enforcing the law • To aid individuals who are in danger of physical harm, such as the victims of violent attack Police Functions in Democratic Society “Co-production” of police services (Reiss) – More of a contemporary view on the police role • importance of public opinion about police – generally satisfied – demographic variation: race, age, politics, SES, contacts • What are some of the contemporary functions of police? – To facilitate the movement of people and vehicles – To assist those who cannot care for themselves, the intoxicated, the addicted, the mentally ill, the physically disables, the old, and the young – To resolve conflict, whether it be between individuals, groups or individuals, or individuals and their government – To identify problems that have the potential for becoming more serious problems – To create and maintain a feeling of security in communities More on Police Function 2 Primary Categories of Police Function: 1. Law Enforcement and Crime Control (Crime Fighter Image) – Attracts many to the profession – Police as superheroes – Morals enforcement – Riot control – the police – not the military - controls unrest among the populace – Class control – police work reflects the values and needs of the middle class and preserves class lines very well. The wealthy have their own security. The police have historically been unconcerned with uplifting the poor or addressing poverty. – How much does the typical police pursue the crime- fighter function? Limited validity if we take a closer look at what police actually do on the job More on Police Function 2. Order Maintenance & Peacekeeping – Order maintenance is experienced in terms of the non-arrest things police do, such as: – Public safety: things like traffic law enforcement – Service: if you have a problem, who you gonna call? Not Ghostbusters. The impact of technology is implicated in the police role (phone, automobile, computer). The police are frequently the first line of intervention between private citizens and society. Some scholars have argued that police applicants should be selected based on their skills as social workers. Calls for Service Study: Wilson 38 40 35 30 30 25 22 20 15 10 10 5 0 Law Order Information Service Enforcement Maintenance Gathering Percentage Selected Areas of Duty for Full-Time Sworn Personnel in Local Police Departments, 1996 Patrol/Response Jail Operations Investigations Court Operations 0 20 40 60 80 Percent of full-time sworn personnel State and Local Law Enforcement Agencies by Size of Agency, June 2003 The Police & Social Control All of these elements of the diverse Police Function produce different forms of Social Control: • Gatekeepers of the CJS • Police determine the workload of the CJS • Social Welfare System • Political System – Policing style, emphasis – Sheriffs – Source of corruption, abuse of police power • Balance between popular control & professional standards – Symbolic of the state & its authority How are police regarded by the public? • Approval Rates for police as an institution are relatively high • Trust in Criminal Justice (Sherman) – What is the pattern of trust? • Across components of the CJS? • Across constituencies that police serve?