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Aditional----
Contemporary Police Brutality and Misconduct
from the Black Radical Congress
“Our lives, our homes, our liberties each day are made less secure because of unrestrained and unpunished police brutality.”—National Negro Congress, Petition Against Police Brutality, 1938.

In the late sixties, Jamil Al-Amin (a.k.a. H. Rap Brown) declared, “Violence is as American as cherry pie.” Al-Amin’s statement underscores the essential role of violence in maintaining systems of racial oppression in the United States. Racist violence was fundamental to the creation of the United States. Moreover, force and violence are not options but necessary to the maintenance of racial oppression. Racist violence is the scaffolding upon which capitalist exploitation and white supremacy are erected.
Racist violence has both structural and physical components and it operates in both the public and private spheres. Structural violence refers to the “impersonal” violence inflicted upon people of color and the poor by profit-oriented enterprises and institutions. It involves the indirect violence caused by institutional policies and programs that produce, maintain, and rationalize poverty, inadequate health care, and substandard housing.
Public racist violence refers to structural and physical violence initiated, perpetuated, and justified by the government. Private racist violence describes the racially motivated physical and structural violence of private citizens and persons. People of color have been the victims of systematic public and spontaneous private violence since the slave trade and the colonial conquest of the Americas. Privately initiated racist violence has taken the form of genocidal invasions, rapacious slaving raids, savage slave whipping, and repressive white capping, lynching, race riots, and hate crimes. Although private violence is crucial to the maintenance of racial oppression, it has always supplemented state-sponsored (government) racist violence.
Over the last 500 years people of color, especially African Americans, have endured a pattern of state-sanctioned violence, and civil and human rights abuse. To enforce capitalist exploitation and racial oppression the government and its police, courts, prisons, and military have beaten, framed, murdered and executed private persons, and brutally repressed struggles for freedom, justice, and self-determination. It has initiated wars of conquest, launched man-hunts for fugitive slaves, suppressed slave revolts, brutalized demonstrators, and assassinated political dissidents.
Police brutality describes “instances of serious physical or psychological harm to civilians.” Contemporary police brutality consists of deadly force, the use of excessive force, and it includes unjustified shooting, fatal choking, and physical assault by law enforcement officers. Police misconduct is inclusive of planting evidence, making untrue statements, filing untrue written reports, condoning untrue statements and/or reports by keeping silent, threatening suspects, arrestees, and witnesses, and committing perjury.
________________________________________
More than half (53%) of the 4,220 persons executed between 1930 and 1996 were Black.
________________________________________
This statement summarizes the United States’ atrocious record of racial repression, specifically State-sponsored violence. It has a dual purpose: first to demonstrate the role of government in initiating and sustaining racially motivated suppression and savagery; and second, to provide a rationale for making police brutality and misconduct federal crimes.



A History of US Racial Repression and Violence
Historically, racist violence, legal and extralegal, and whether state-sponsored or private, has been used to impose racial oppression and preserve white power and privilege.
Racist violence has served five primary purposes:
• To force people of color into indentured, slave, peonage, or low wage situations;
• To steal land, minerals, and other resources;
• To maintain social control and to repress rebellions;
• To restrict or eliminate competition in employment, business, politics, and social life; and
• To unite “whites” across ethnic/national, class, and gender lines.
Federal, state, and municipal law sanctioned the slave trade, genocidal wars of conquest, slavery, and the brutalities inherent in labor exploitation and racial oppression. Genocide and other forms of government sponsored or sanctioned violence have been inflicted upon Native Americans since the country’s beginning. Latino/a people have been the victims of government sponsored or sanctioned violence since the US unleashed a colonial war of aggression against the Mexicano people in the middle of the 19th century. Chinese (and later other Asian Americans) have been assaulted by government sponsored or sanctioned violence since the middle of the 19th century.
Moreover, all branches of government have engaged in violence against workers across color and gender lines or abdicated their equal protection responsibilities during labor disputes.
State-sponsored and state-sanctioned violence has characterized the Black experience since Africans’ forced migration to these shores. The Atlantic Slave Trade (1444–1850) represented the first moment of capitalist globalism. About two-thirds of the nearly 12 million Africans enslaved in the Americas were captured through rapacious raids and kidnapping. During the four centuries the slave trade operated, 100 million Africans may have died from the predatory commercial wars launched by European royalty, the papacy, and emerging European and American capitalists.
British colonial and American governments systematically suppressed Africans’ human rights. Colonial governments enacted special “slave codes” that legalized physical abuse (whipping) and condoned maiming, rape, and murder. After the revolution, individual states preserved and refined antiblack laws, with the support of the federal government.
For its part, the new national government enshrined African American slavery into the US Constitution (Article I, sec.2) and authorized law enforcement agents to assist in the capture and return of fugitive slaves (Article 4, sec. 2 and the Fugitive Slave Act of 1793).

Racist violence reached its apogee after Emancipation.
Lynching, the major form of violence used against African Americans from 1882–1910, resulted from the encouragement of law enforcement agents or their abdicating their equal protection responsibilities. Between 1882 and 1930 approximately 3,000 Blacks (mostly male) were lynched.* During the First Nadir (1877–1917), organized gang rape of Black women by white racist mobs and organizations like the Ku Klux Klan was a special form of terrorism reserved for Blacks.
After 1930, extralegal race riots and legal executions replaced lynching as means of social control. All-white or predominately white juries and government officials merely extended societal racial discrimination to executions. More than half (53%) of the 4,220 persons executed between 1930 and 1996 were Black. Despite the history of white men sexually assaulting Black women, 405 or 90% of the 455 men executed for rape between 1930 and 1976 were Black.
In 1972 the death penalty was outlawed partly because of its racist and class discriminatory implementation (Furman v. Georgia, 408 US 238). Since its return in 1976, executions have adhered to their previous racist and class biased patterns.


________________________________________
Police brutality or misconduct has been the “trigger incident” that sparked almost every modern rebellion from the 1935 “Harlem Riot” to the 1992 LA Conflagration.
________________________________________
Thus, people of color have comprised 45% or 308 of the 679 executions in the US. Two hundred and forty-seven or 36% of those executed have been Black. Currently, Blacks on death row are nearly three times their percentage in the overall population (36% to 13%).
The government also bears the responsibility for the actions and non-actions of police officers during race riots and rebellions. Abdication of responsibility coupled with acts of outright brutality and misconduct by law enforcement officers enabled hundreds of race riots (violent clashes between private white and Black citizens) throughout the nation’s history. Police brutality or misconduct has been the “trigger incident” that sparked almost every modern rebellion from the 1935 “Harlem Riot” to the 1992 LA Conflagration. For instance, after the beating of Lino Riveria, a Puerto Rican youth, by New York City police in 1935, three Blacks were killed, 57 people were injured and $2 million dollars worth of property was destroyed in Harlem. A patrolman’s attack on Marquette Frye sparked an uprising in Watts in 1965. The conflict resulted in hundreds of injures, 34 deaths, and the damage or destruction of $35 million worth of property. The savage police beating of Arthur McDuffie, a 33-year-old Black insurance executive, triggered the 1980 Miami Rebellion.
The 1992 LA Rebellion was a response to the March 3, 1991 brutalizing of Rodney G. King by three LA police officers.Twenty-three other law enforcement officers watched as King was beaten, kicked and shocked by officers wielding batons and stun guns.
In contemporary America, police brutality is the preferred form of social control. Several local, state, and federal commissions, particularly the 1967 National Advisory Commission on Civil Disorders (the Kerner Commission) have pointed out the immensity of this problem. The police are as the Black Panther Party declared in the 1960s “an occupying army of repression.”
Police brutality has been a persistent problem faced by African Americans. The failure of government to protect Black people from lawless law enforcement officers forced Blacks to act in their own interests. During the 1930s, the National Negro Congress organized massive rallies against this form of terror. In Washington, DC, over the span of a few months, the NNC collected 24,000 signatures protesting abuse by the DC police department. The Black Panther Party was created to stem the tide of police abuse. In the 1970s the Congress of Afrikan Peoples sponsored the “Stop Killer Cops” Campaigns. Extralegal violence by law enforcement officers has been a primary concern of the Congressional Black Caucus since its formation. The CBC has periodically held public hearings about police outrages across the country over the last 30 years. Yet, extra-legal violence persists as recent police killings of Richard L. Holtz (Fort Lee, New Jersey); Tyisha Miller (Riverside, California); and Amadou Diallo (New York City) attest.
Finally, police administrators have ignored or been lax in using internal department policies and procedures to punish officers who have displayed a pattern of brutality and/or misconduct. Internal department policies are often weak and internal investigations are generally conducted poorly. A Justice Department survey found that nearly 22% of police admit that fellow officers sometimes or often use “more force than necessary.” Moreover, 61% claimed officers do not report instances of “serious criminal violations of abuse of authority” by other officers.
________________________________________
…private civil suits have yet to demonstrate the capacity to reform individual or police departmental behavior…
________________________________________
Civilian review boards are generally under-funded and lack the legal authority to compel police officers’ participation, nor can they enforce findings. To date, private civil suits have yet to demonstrate the capacity to reform individual or police departmental behavior because they do not address the policies and procedures of departments. Although the Violent Crime Control and Law Enforcement Act of 1994 authorized the Civil Rights Division of the Department of Justice to bring “civil actions” against police departments that evidence a pattern of abuse, they also have not deterred the continuation of police brutality and misconduct.
Moreover, neither the offending officer nor the department is held financially liable for judgements. Finally, criminal prosecutions for police brutality or misconduct rarely occur because few state prosecutors are willing to aggressively pursue abusive officers. This pattern is also true for federal prosecutors, although to a lesser extent.
Conclusion
We believe that existing local, county, state, and federal policies and laws have been ineffective in ending the persistent and pervasive practices of police brutality and misconduct.
Moreover, we believe that because police officers operate under “color of law” civil and human rights violations committed by officers undermine respect for law and government.
Furthermore, we believe the logical consequence of police violence and misconduct is a society ruled by the force of arms, not law. Thus, every act of police brutality and misconduct; every frame-up, every act of illegal surveillance, every “justified” murder erases an article from the Bill of Rights and takes us another step closer to a police state.


The violation of state and federal laws or the violation of individuals' constitutional rights by police officers; also when police commit crimes for personal gain.
Police misconduct and corruption are abuses of police authority. Sometimes used interchangeably, the terms refer to a wide range of procedural, criminal, and civil violations. Misconduct is the broadest category. Misconduct is "procedural" when it refers to police who violate police department rules and regulations; "criminal" when it refers to police who violate state and federal laws; "unconstitutional" when it refers to police who violate a citizen's CIVIL RIGHTS; or any combination thereof. Common forms of misconduct are excessive use of physical or DEADLY FORCE, discriminatory arrest, physical or verbal harassment, and selective enforcement of the law.
Police corruption is the abuse of police authority for personal gain. Corruption may involve profit or another type of material benefit gained illegally as a consequence of the officer's authority. Typical forms of corruption include BRIBERY, EXTORTION, receiving or fencing stolen goods, and selling drugs. The term also refers to patterns of misconduct within a given police department or special unit, particularly where offenses are repeated with the acquiescence of superiors or through other ongoing failure to correct them.
Safeguards against police misconduct exist throughout the law. Police departments themselves establish codes of conduct, train new recruits, and investigate and discipline officers, sometimes in cooperation with civilian complaint review boards which are intended to provide independent evaluative and remedial advice. Protections are also found in state law, which permits victims to sue police for damages in civil actions. Typically, these actions are brought for claims such as the use of excessive force ("police brutality"), false arrest and imprisonment, MALICIOUS PROSECUTION, and WRONGFUL DEATH. State actions may be brought simultaneously with additional claims for constitutional violations.
Through both criminal and civil statutes, federal law specifically targets police misconduct. Federal law is applicable to all state, county, and local officers, including those who work in correctional facilities. The key federal criminal statute makes it unlawful for anyone acting with police authority to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States (Section 18 U.S.C. § 241 ). Another statute, commonly referred to as the police misconduct provision, makes it unlawful for state or local police to engage in a pattern or practice of conduct that deprives persons of their rights (42 U.S.C.A. 14141 ).
Additionally, federal law prohibits discrimination in police work. Any police department receiving federal funding is covered by Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d) and the Office of Justice Programs statute (42 U.S.C. § 3789d), which prohibit discrimination on the basis of race, color, national origin, sex, and religion. These laws prohibit conduct ranging from racial slurs and unjustified arrests to the refusal of departments to respond to discrimination complaints.
Because neither the federal criminal statute nor the civil police misconduct provision provides for lawsuits by individuals, only the federal government may bring suit under these laws. Enforcement is the responsibility of the JUSTICE DEPARTMENT. Criminal convictions are punishable by fines and imprisonment. Civil convictions are remedied through injunctive relief, a type of court order that requires a change in behavior; typically, resolutions in such cases force police departments to stop abusive practices, institute types of reform, or submit to court supervision.
Private litigation against police officers or departments is difficult. Besides time and expense, a significant hurdle to success is found in the legal protections that police enjoy. Since the late twentieth century, many court decisions have expanded the powers of police to perform routine stops and searches. Plaintiffs generally must prove willful or unlawful conduct on the part of police; showing mere NEGLIGENCE or other failure of due care by police officers often does not suffice in court.
Most problematically of all for plaintiffs, police are protected by the defense of immunity—an exemption from penalties and burdens that the law generally places on other citizens. This IMMUNITY is limited, unlike the absolute immunity enjoyed by judges or legislators. In theory, the defense allows police to do their job without fear of REPRISAL. In practice, however, it has become increasingly difficult for individuals to sue law enforcement officers for damages for allegedly violating their civil rights. U.S. Supreme Court decisions have continually asserted the general rule that officers must be given the benefit of the doubt that they acted lawfully in carrying out their day-to-day duties, a position reasserted in Saucier v. Katz, 533 U.S. 194, 121 S. Ct. 2151, 150 L. Ed. 2d 272 (2001).]

Written by:
== Dino Kisman. ==


==Personnel and organization== ==Personnel and organization==

Revision as of 02:43, 4 February 2009

For other uses, see Police (disambiguation).
German State Police officer in Hamburg
Polish Police's Anti-Riot Detachment, filming a gathering. The film could later be presented during a trial as evidence, or used in Police training. A water cannon is seen in the background
New York City Police Department Chevy Impala patrol car

Police are agents or agencies, usually of the executive, empowered to enforce the law and to ensure public and social order through the legitimized use of force.

The term is most commonly associated with police departments of a state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. The word comes via French from the Latin politia (“civil administration”), which itself derives from the Ancient Greek πόλις, for polis ("city").

Overview

The first police force comparable to present-day police was established in 1667 under King Louis XIV in France, although modern police usually trace their origins to the 1800 establishment of the Marine Police in London, the Glasgow Police, and the Napoleonic police of Paris. The first modern police force is also commonly said to be the London Metropolitan Police, established in 1829, which promoted the preventive role of police as a deterrent to urban crime and disorder.

Law enforcement however constitutes only part of policing activity. Policing has included an array of activities in different situations, but the predominant ones are concerned with the preservation of order. In some societies, in the late 18 century and early 19 century, these developed within the context of maintaining the class system and the protection of private property.

Alternative names for police force include constabulary, gendarmerie, police department, police service, crime prevention, protective services, law enforcement agency or Garda Síochána, and members can be police officers, troopers, sheriffs, constables, rangers, peace officers or Garda. Russian police and police of the Soviet-era Eastern Europe are (or were) called militsiya.

History

See also: History of criminal justice

Ancient China

Law enforcement in Ancient China was carried out by "prefects." The notion of a "prefect" in China has existed for thousands of years. The prefecture system developed in both the Chu and Jin kingdoms of the Spring and Autumn period. In Jin, dozens of prefects were spread across the state, each having limited authority and employment period.

In Ancient China, prefects were government officials appointed by local magistrates, who in turn were appointed by the head of state, usually the emperor of the dynasty. The prefects oversaw the civil administration of their "prefecture," or jurisdiction.

Prefects usually reported to the local magistrate, just as modern police report to judges. Under each prefect were "subprefects" who helped collectively with law enforcement of the area. Some prefects were responsible for handling investigations, much like modern police detectives.

Eventually the concept of the "prefecture system" would spread to other cultures such as Korea and Japan. Law enforcement in Ancient China was also relatively progressive, allowing for female prefects. Some examples of ancient Chinese prefects include: Chong Fu - prefect of the Ying District in the East Han Dynasty and Ching Chow - prefect of the modern Shang-tung Province. An example of a female prefect would by Lady Qu of Wuding (serving 1531-ca. 1557).

Recent portrayals of prefects in modern popular culture include Jet Li’s portrayal of the nameless prefect in the movie Hero.

Pre-modern Europe

In Ancient Greece, publicly-owned slaves were used by magistrates as police. In Athens, a group of 300 Scythian slaves was used to guard public meetings to keep order and for crowd control, and also assisted with dealing with criminals, manhandling prisoners, and making arrests. Other duties associated with modern policing, such as investigating crimes, were left to the citizens themselves.

Before its decline, the Roman Empire had a relatively effective law enforcement system. When under the reign of Augustus the capital had grown to almost one million inhabitants, he created 14 wards, which were protected by seven squads of 1,000 men called "Vigiles," who guarded against fires and served as nightwatchmen.

If necessary, they might have called the Praetorian Guard for assistance. Beginning in the 5th century, policing became a function of clan chiefs and heads of state.

The Anglo-Saxon system of maintaining public order was a private system of tithings, since the Norman conquest led by a constable, which was based on a social obligation for the good conduct of the others; more common was that local lords and nobles were responsible to maintain order in their lands, and often appointed a constable, sometimes unpaid, to enforce the law.

European development

Modern police in Europe has a precedent in the Hermandad, literally "brotherhood" in Spanish, a peacekeeping association of armed individuals, a characteristic of municipal life in medieval Spain, especially in Castile. As medieval Spanish kings were often unable to offer adequate protection, protective municipal leagues began to emerge in the 12th century against bandits and other rural criminals, as well as against the lawless nobility or to support a one or another claimant to the crown.

These organizations were to be temporary, but became a long standing fixture of Spain. The first recorded case of the formation of an hermandad occurred when the towns and the peasantry of the north united to police the pilgrim road to Santiago in Galicia, and protect the pilgrims against robber knights.

Throughout the Middle Ages such alliances were frequently formed by combinations of towns to protect the roads connecting them, and were occasionally extended to political purposes. They acted to some extent like the Fehmic courts of Germany. Among the most powerful was the league of North Castilian and Basque ports, the Hermandad de las Marismas: Toledo, Talavera, and Villa Real.

As one of their first acts after the war of succession, Ferdinand and Isabella established the centrally organized and efficient Holy Hermandad (Santa Hermandad) with themselves at the head. They adapted an existing hermandad to the purpose of a general police acting under officials appointed by themselves, and endowed with large powers of summary jurisdiction even in capital cases. The original hermandades continued to serve as modest local police units until their final suppression in 1835.

In Western culture, the contemporary concept of a police paid by the government was developed by French legal scholars and practitioners in the 17th and early 18th centuries, notably with Nicolas Delamare's Traité de la Police ("Treatise on the Police"), first published in 1705. The German Polizeiwissenschaft (Science of Police) was also an important theoretical formulation of police.

The first police force in the modern sense was created by the government of King Louis XIV in 1667 to police the city of Paris, then the largest city in Europe. The royal edict, registered by the Parlement of Paris on March 15, 1667 created the office of lieutenant général de police ("lieutenant general of police"), who was to be the head of the new Paris police force, and defined the task of the police as "ensuring the peace and quiet of the public and of private individuals, purging the city of what may cause disturbances, procuring abundance, and having each and everyone live according to their station and their duties".

This office was first held by Gabriel Nicolas de la Reynie, who had 44 commissaires de police (police commissioners) under his authority. In 1709, these commissioners were assisted by inspecteurs de police (police inspectors). The city of Paris was divided into 16 districts policed by the commissaires, each assigned to a particular district and assisted by a growing bureaucracy. The scheme of the Paris police force was extended to the rest of France by a royal edict of October 1699, resulting in the creation of lieutenants general of police in all large French cities and towns.

As conceptualized by the Polizeiwissenschaft, the police had an economic and social duty ("procuring abundance"). It was in charge of demographics concerns and of empowering the population, which, according to mercantilist theory, was to be the main strength of the state. Thus, its functions largely overreached simple law enforcement activities and included public health concerns, urban planning (which was important because of the miasma theory of disease; thus, cemeteries were moved out of town, etc.), and surveillance of prices.

Development of modern police was contemporary to the formation of the state, later defined by sociologist Max Weber as achieving a "monopoly on the legitimate use of physical force" and which was primarily exercised by the police and the military. Marxist theory situates the development of the modern state as part of the rise of capitalism, in which the police are one component of the bourgeoisie's repressive apparatus for subjugating the working class.

19th century development

After the French Revolution, Napoléon I reorganized the police in Paris and other cities with more than 5,000 inhabitants on February 17, 1800 as the Prefecture of Police. On March 12, 1829, a government decree created the first uniformed police in France, known as sergents de ville ("city sergeants"), which the Paris Prefecture of Police's website claims were the first uniformed policemen in the world.

New South Wales Police Force officers search the vehicle of a suspected drug smuggler at a border crossing. Wentworth, New South Wales, Australia

In the United Kingdom, the development of police forces was much slower than in the rest of Europe. The British police function was historically performed by private watchmen (existing from 1500 on), thief takers, and so on. The former were funded by private individuals and organizations and the latter by privately-funded rewards for catching criminals, who would then be compelled to return stolen property or pay restitution.

In 1737, George II began paying some London and Middlesex watchmen with tax moneys, beginning the shift to government control. In 1750, Henry Fielding began organizing a force of quasi-professional constables. The Macdaniel affair added further impetus for a publicly-salaried police force that did not depend on rewards. Nonetheless, In 1828, there were privately financed police units in no fewer than 45 parishes within a 10-mile radius of London.

The word "police" was borrowed from French into the English language in the 18th century, but for a long time it applied only to French and continental European police forces. The word, and the concept of police itself, was "disliked as a symbol of foreign oppression" (according to Britannica 1911).

Prior to the 19th century, the only official use of the word "police" recorded in the United Kingdom was the appointment of Commissioners of Police for Scotland in 1714 and the creation of the Marine Police in 1798 (set up to protect merchandise at the Port of London). Even today, many British police forces are suffixed with "Constabulary" rather than "Police".

On June 30, 1800, the authorities of Glasgow, Scotland successfully petitioned the government to pass the Glasgow Police Act establishing the City of Glasgow Police. This was the first professional police service in the country and differed from previous law enforcement in that it was a preventive police force. Other Scottish towns soon followed suit and set up their own police forces through acts of parliament.

The first organized police force in Ireland came about through the Peace Preservation Act of 1814, but the Irish Constabulary Act of 1822 marked the true beginning of the Royal Irish Constabulary. Among its first duties was the forcible seizure of tithes during the "Tithe War" on behalf of the Anglican clergy from the mainly Catholic population as well as the Presbyterian minority.

The Act established a force in each barony with chief constables and inspectors general under the control of the civil administration at Dublin Castle. By 1841 this force numbered over 8,600 men.

The force had been rationalized and reorganized in an 1836 act and the first constabulary code of regulations was published in 1837. The discipline was tough and the pay poor. The police also faced unrest among the Irish rural poor, manifested in organizations like the Ribbonmen, which attacked landlords and their property.

In London, night watchmen were the first paid law enforcement body in the country, augmenting the force of unpaid constables. They guarded the streets since 1663. On September 29, 1829, the Metropolitan Police Act was passed by Parliament, allowing Sir Robert Peel, the then home secretary, to found the London Metropolitan Police.

These police are often referred to as ´Bobbies´ or 'Peelers' after Sir Robert (Bobby) Peel, who introduced the Police Act. They became a model for the police forces in most countries, such as the United States, and most of the British Empire. Bobbies can still be found in many parts of the Commonwealth of Nations. The primary role of the police in Britain was keeping the Queen's Peace, which continues into the present day.

In Canada, the Toronto Police was founded in 1834, making it one of the first municipal police departments in North America. It was followed in 1838 by police forces in Montreal and Quebec City.

"Albertine at the Police Doctor's Waiting Room", 1885-87 painting by the Norwegian writer and painter Christian Krohg illustrating his then very controversial novel Albertine about the life of a prostitute

In the United States, the first organized police service was established in Boston in 1838, New York in 1844, and Philadelphia in 1854. However, in the Founding Era, and even well into the 20th century in some parts of the country, law enforcement was done by private citizens acting as militia.

In Lebanon, modern police were established in 1861, with creation of the Gendarmerie.

In Australia with the passing of the Police Regulation Act, 1862, the New South Wales Police Force was established and essentially tightly regulated and centralised all of the police forces operating throughout the Colony of New South Wales.

Brazilian Federal Highway Police at work.



Aditional---- Contemporary Police Brutality and Misconduct from the Black Radical Congress “Our lives, our homes, our liberties each day are made less secure because of unrestrained and unpunished police brutality.”—National Negro Congress, Petition Against Police Brutality, 1938.

In the late sixties, Jamil Al-Amin (a.k.a. H. Rap Brown) declared, “Violence is as American as cherry pie.” Al-Amin’s statement underscores the essential role of violence in maintaining systems of racial oppression in the United States. Racist violence was fundamental to the creation of the United States. Moreover, force and violence are not options but necessary to the maintenance of racial oppression. Racist violence is the scaffolding upon which capitalist exploitation and white supremacy are erected. Racist violence has both structural and physical components and it operates in both the public and private spheres. Structural violence refers to the “impersonal” violence inflicted upon people of color and the poor by profit-oriented enterprises and institutions. It involves the indirect violence caused by institutional policies and programs that produce, maintain, and rationalize poverty, inadequate health care, and substandard housing. Public racist violence refers to structural and physical violence initiated, perpetuated, and justified by the government. Private racist violence describes the racially motivated physical and structural violence of private citizens and persons. People of color have been the victims of systematic public and spontaneous private violence since the slave trade and the colonial conquest of the Americas. Privately initiated racist violence has taken the form of genocidal invasions, rapacious slaving raids, savage slave whipping, and repressive white capping, lynching, race riots, and hate crimes. Although private violence is crucial to the maintenance of racial oppression, it has always supplemented state-sponsored (government) racist violence. Over the last 500 years people of color, especially African Americans, have endured a pattern of state-sanctioned violence, and civil and human rights abuse. To enforce capitalist exploitation and racial oppression the government and its police, courts, prisons, and military have beaten, framed, murdered and executed private persons, and brutally repressed struggles for freedom, justice, and self-determination. It has initiated wars of conquest, launched man-hunts for fugitive slaves, suppressed slave revolts, brutalized demonstrators, and assassinated political dissidents. Police brutality describes “instances of serious physical or psychological harm to civilians.” Contemporary police brutality consists of deadly force, the use of excessive force, and it includes unjustified shooting, fatal choking, and physical assault by law enforcement officers. Police misconduct is inclusive of planting evidence, making untrue statements, filing untrue written reports, condoning untrue statements and/or reports by keeping silent, threatening suspects, arrestees, and witnesses, and committing perjury. ________________________________________ More than half (53%) of the 4,220 persons executed between 1930 and 1996 were Black. ________________________________________ This statement summarizes the United States’ atrocious record of racial repression, specifically State-sponsored violence. It has a dual purpose: first to demonstrate the role of government in initiating and sustaining racially motivated suppression and savagery; and second, to provide a rationale for making police brutality and misconduct federal crimes.


A History of US Racial Repression and Violence Historically, racist violence, legal and extralegal, and whether state-sponsored or private, has been used to impose racial oppression and preserve white power and privilege. Racist violence has served five primary purposes: • To force people of color into indentured, slave, peonage, or low wage situations; • To steal land, minerals, and other resources; • To maintain social control and to repress rebellions; • To restrict or eliminate competition in employment, business, politics, and social life; and • To unite “whites” across ethnic/national, class, and gender lines. Federal, state, and municipal law sanctioned the slave trade, genocidal wars of conquest, slavery, and the brutalities inherent in labor exploitation and racial oppression. Genocide and other forms of government sponsored or sanctioned violence have been inflicted upon Native Americans since the country’s beginning. Latino/a people have been the victims of government sponsored or sanctioned violence since the US unleashed a colonial war of aggression against the Mexicano people in the middle of the 19th century. Chinese (and later other Asian Americans) have been assaulted by government sponsored or sanctioned violence since the middle of the 19th century. Moreover, all branches of government have engaged in violence against workers across color and gender lines or abdicated their equal protection responsibilities during labor disputes. State-sponsored and state-sanctioned violence has characterized the Black experience since Africans’ forced migration to these shores. The Atlantic Slave Trade (1444–1850) represented the first moment of capitalist globalism. About two-thirds of the nearly 12 million Africans enslaved in the Americas were captured through rapacious raids and kidnapping. During the four centuries the slave trade operated, 100 million Africans may have died from the predatory commercial wars launched by European royalty, the papacy, and emerging European and American capitalists. British colonial and American governments systematically suppressed Africans’ human rights. Colonial governments enacted special “slave codes” that legalized physical abuse (whipping) and condoned maiming, rape, and murder. After the revolution, individual states preserved and refined antiblack laws, with the support of the federal government. For its part, the new national government enshrined African American slavery into the US Constitution (Article I, sec.2) and authorized law enforcement agents to assist in the capture and return of fugitive slaves (Article 4, sec. 2 and the Fugitive Slave Act of 1793).

Racist violence reached its apogee after Emancipation. Lynching, the major form of violence used against African Americans from 1882–1910, resulted from the encouragement of law enforcement agents or their abdicating their equal protection responsibilities. Between 1882 and 1930 approximately 3,000 Blacks (mostly male) were lynched.* During the First Nadir (1877–1917), organized gang rape of Black women by white racist mobs and organizations like the Ku Klux Klan was a special form of terrorism reserved for Blacks. After 1930, extralegal race riots and legal executions replaced lynching as means of social control. All-white or predominately white juries and government officials merely extended societal racial discrimination to executions. More than half (53%) of the 4,220 persons executed between 1930 and 1996 were Black. Despite the history of white men sexually assaulting Black women, 405 or 90% of the 455 men executed for rape between 1930 and 1976 were Black. In 1972 the death penalty was outlawed partly because of its racist and class discriminatory implementation (Furman v. Georgia, 408 US 238). Since its return in 1976, executions have adhered to their previous racist and class biased patterns.


________________________________________ Police brutality or misconduct has been the “trigger incident” that sparked almost every modern rebellion from the 1935 “Harlem Riot” to the 1992 LA Conflagration. ________________________________________ Thus, people of color have comprised 45% or 308 of the 679 executions in the US. Two hundred and forty-seven or 36% of those executed have been Black. Currently, Blacks on death row are nearly three times their percentage in the overall population (36% to 13%). The government also bears the responsibility for the actions and non-actions of police officers during race riots and rebellions. Abdication of responsibility coupled with acts of outright brutality and misconduct by law enforcement officers enabled hundreds of race riots (violent clashes between private white and Black citizens) throughout the nation’s history. Police brutality or misconduct has been the “trigger incident” that sparked almost every modern rebellion from the 1935 “Harlem Riot” to the 1992 LA Conflagration. For instance, after the beating of Lino Riveria, a Puerto Rican youth, by New York City police in 1935, three Blacks were killed, 57 people were injured and $2 million dollars worth of property was destroyed in Harlem. A patrolman’s attack on Marquette Frye sparked an uprising in Watts in 1965. The conflict resulted in hundreds of injures, 34 deaths, and the damage or destruction of $35 million worth of property. The savage police beating of Arthur McDuffie, a 33-year-old Black insurance executive, triggered the 1980 Miami Rebellion. The 1992 LA Rebellion was a response to the March 3, 1991 brutalizing of Rodney G. King by three LA police officers.Twenty-three other law enforcement officers watched as King was beaten, kicked and shocked by officers wielding batons and stun guns. In contemporary America, police brutality is the preferred form of social control. Several local, state, and federal commissions, particularly the 1967 National Advisory Commission on Civil Disorders (the Kerner Commission) have pointed out the immensity of this problem. The police are as the Black Panther Party declared in the 1960s “an occupying army of repression.” Police brutality has been a persistent problem faced by African Americans. The failure of government to protect Black people from lawless law enforcement officers forced Blacks to act in their own interests. During the 1930s, the National Negro Congress organized massive rallies against this form of terror. In Washington, DC, over the span of a few months, the NNC collected 24,000 signatures protesting abuse by the DC police department. The Black Panther Party was created to stem the tide of police abuse. In the 1970s the Congress of Afrikan Peoples sponsored the “Stop Killer Cops” Campaigns. Extralegal violence by law enforcement officers has been a primary concern of the Congressional Black Caucus since its formation. The CBC has periodically held public hearings about police outrages across the country over the last 30 years. Yet, extra-legal violence persists as recent police killings of Richard L. Holtz (Fort Lee, New Jersey); Tyisha Miller (Riverside, California); and Amadou Diallo (New York City) attest. Finally, police administrators have ignored or been lax in using internal department policies and procedures to punish officers who have displayed a pattern of brutality and/or misconduct. Internal department policies are often weak and internal investigations are generally conducted poorly. A Justice Department survey found that nearly 22% of police admit that fellow officers sometimes or often use “more force than necessary.” Moreover, 61% claimed officers do not report instances of “serious criminal violations of abuse of authority” by other officers. ________________________________________ …private civil suits have yet to demonstrate the capacity to reform individual or police departmental behavior… ________________________________________ Civilian review boards are generally under-funded and lack the legal authority to compel police officers’ participation, nor can they enforce findings. To date, private civil suits have yet to demonstrate the capacity to reform individual or police departmental behavior because they do not address the policies and procedures of departments. Although the Violent Crime Control and Law Enforcement Act of 1994 authorized the Civil Rights Division of the Department of Justice to bring “civil actions” against police departments that evidence a pattern of abuse, they also have not deterred the continuation of police brutality and misconduct. Moreover, neither the offending officer nor the department is held financially liable for judgements. Finally, criminal prosecutions for police brutality or misconduct rarely occur because few state prosecutors are willing to aggressively pursue abusive officers. This pattern is also true for federal prosecutors, although to a lesser extent. Conclusion We believe that existing local, county, state, and federal policies and laws have been ineffective in ending the persistent and pervasive practices of police brutality and misconduct. Moreover, we believe that because police officers operate under “color of law” civil and human rights violations committed by officers undermine respect for law and government. Furthermore, we believe the logical consequence of police violence and misconduct is a society ruled by the force of arms, not law. Thus, every act of police brutality and misconduct; every frame-up, every act of illegal surveillance, every “justified” murder erases an article from the Bill of Rights and takes us another step closer to a police state.


The violation of state and federal laws or the violation of individuals' constitutional rights by police officers; also when police commit crimes for personal gain. Police misconduct and corruption are abuses of police authority. Sometimes used interchangeably, the terms refer to a wide range of procedural, criminal, and civil violations. Misconduct is the broadest category. Misconduct is "procedural" when it refers to police who violate police department rules and regulations; "criminal" when it refers to police who violate state and federal laws; "unconstitutional" when it refers to police who violate a citizen's CIVIL RIGHTS; or any combination thereof. Common forms of misconduct are excessive use of physical or DEADLY FORCE, discriminatory arrest, physical or verbal harassment, and selective enforcement of the law. Police corruption is the abuse of police authority for personal gain. Corruption may involve profit or another type of material benefit gained illegally as a consequence of the officer's authority. Typical forms of corruption include BRIBERY, EXTORTION, receiving or fencing stolen goods, and selling drugs. The term also refers to patterns of misconduct within a given police department or special unit, particularly where offenses are repeated with the acquiescence of superiors or through other ongoing failure to correct them. Safeguards against police misconduct exist throughout the law. Police departments themselves establish codes of conduct, train new recruits, and investigate and discipline officers, sometimes in cooperation with civilian complaint review boards which are intended to provide independent evaluative and remedial advice. Protections are also found in state law, which permits victims to sue police for damages in civil actions. Typically, these actions are brought for claims such as the use of excessive force ("police brutality"), false arrest and imprisonment, MALICIOUS PROSECUTION, and WRONGFUL DEATH. State actions may be brought simultaneously with additional claims for constitutional violations. Through both criminal and civil statutes, federal law specifically targets police misconduct. Federal law is applicable to all state, county, and local officers, including those who work in correctional facilities. The key federal criminal statute makes it unlawful for anyone acting with police authority to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States (Section 18 U.S.C. § 241 ). Another statute, commonly referred to as the police misconduct provision, makes it unlawful for state or local police to engage in a pattern or practice of conduct that deprives persons of their rights (42 U.S.C.A. 14141 ). Additionally, federal law prohibits discrimination in police work. Any police department receiving federal funding is covered by Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d) and the Office of Justice Programs statute (42 U.S.C. § 3789d), which prohibit discrimination on the basis of race, color, national origin, sex, and religion. These laws prohibit conduct ranging from racial slurs and unjustified arrests to the refusal of departments to respond to discrimination complaints. Because neither the federal criminal statute nor the civil police misconduct provision provides for lawsuits by individuals, only the federal government may bring suit under these laws. Enforcement is the responsibility of the JUSTICE DEPARTMENT. Criminal convictions are punishable by fines and imprisonment. Civil convictions are remedied through injunctive relief, a type of court order that requires a change in behavior; typically, resolutions in such cases force police departments to stop abusive practices, institute types of reform, or submit to court supervision. Private litigation against police officers or departments is difficult. Besides time and expense, a significant hurdle to success is found in the legal protections that police enjoy. Since the late twentieth century, many court decisions have expanded the powers of police to perform routine stops and searches. Plaintiffs generally must prove willful or unlawful conduct on the part of police; showing mere NEGLIGENCE or other failure of due care by police officers often does not suffice in court. Most problematically of all for plaintiffs, police are protected by the defense of immunity—an exemption from penalties and burdens that the law generally places on other citizens. This IMMUNITY is limited, unlike the absolute immunity enjoyed by judges or legislators. In theory, the defense allows police to do their job without fear of REPRISAL. In practice, however, it has become increasingly difficult for individuals to sue law enforcement officers for damages for allegedly violating their civil rights. U.S. Supreme Court decisions have continually asserted the general rule that officers must be given the benefit of the doubt that they acted lawfully in carrying out their day-to-day duties, a position reasserted in Saucier v. Katz, 533 U.S. 194, 121 S. Ct. 2151, 150 L. Ed. 2d 272 (2001).]

Written by:

Dino Kisman.

Personnel and organization

In most Western police forces, perhaps the most significant division is between preventive (uniformed) police and detectives. Terminology varies from country to country.

Police functions include protecting life and property, enforcing criminal law, criminal investigations, regulating traffic, crowd control, and other public safety duties.

Uniformed police

Preventive Police, also called Uniform Branch, Uniformed Police, Uniform Division, Administrative Police, Order Police, or Patrol, designates the police which patrol and respond to emergencies and other incidents, as opposed to detective services. As the name "uniformed" suggests, they wear uniforms and perform functions that require an immediate recognition of an officer's legal authority, such as traffic control, stopping and detaining motorists, and more active crime response and prevention.

Preventive police almost always make up the bulk of a police service's personnel. In Australia and Britain, patrol personnel are also known as "general duties" officers. Atypically, Brazil's preventive police are known as Military Police.

Detectives

Police detectives are responsible for investigations and detective work. Detectives may be called Investigations Police, Judiciary/Judicial Police, and Criminal Police. In the UK, they are often referred to by the name of their department, the Criminal Investigation Department (CID). Detectives typically make up roughly 15%-25% of a police service's personnel.

Detectives, in contrast to uniform police, typically wear 'business attire' in bureaucratic and investigative functions where a uniformed presence would be either a distraction or intimidating, but a need to establish police authority still exists. "Plainclothes" officers dress in attire consistent with that worn by the general public for purposes of blending in.

In some cases, police are assigned to work "undercover", where they conceal their police identity to investigate crimes, such as organized crime or narcotics crime, that are unsolvable by other means. In some cases this type of policing shares aspects with espionage.

Despite popular conceptions promoted by movies and television, many US police departments prefer not to maintain officers in non-patrol bureaus and divisions beyond a certain period of time, such as in the detective bureau, and instead maintain policies that limit service in such divisions to a specified period of time, after which officers must transfer out or return to patrol duties. This is done in part based upon the perception that the most important and essential police work is accomplished on patrol in which officers become acquainted with their beats, prevent crime by their presence, respond to crimes in progress, manage crises, and practice their skills.

Detectives, by contrast, usually investigate crimes after they have occurred and after patrol officers have responded first to a situation. Investigations often take weeks or months to complete, during which time detectives spend much of their time away from the streets, in interviews and courtrooms, for example. Rotating officers also promotes cross-training in a wider variety of skills, and serves to prevent "cliques" that can contribute to corruption or other unethical behavior.

Auxiliary

Police may also take on auxiliary administrative duties, such as issuing firearms licenses. The extent that police have these functions varies among countries, with police in France, Germany, and other continental European countries handling such tasks to a greater extent than British counterparts.

Many law enforcement agencies have heavily armed units for dealing with dangerous situations, such as these U.S. Customs and Border Protection officers

Specialized units

Specialized preventive and detective groups exist within many law enforcement organizations either for dealing with particular types of crime, such as traffic law enforcement and crash investigation, homicide, or fraud; or for situations requiring specialized skills, such as underwater search, aviation, explosive device disposal ("bomb squad"), and computer crime.

Most larger jurisdictions also employ specially-selected and trained quasi-military units armed with military-grade weapons for the purposes of dealing with particularly violent situations beyond the capability of a patrol officer response, including high-risk warrant service and barricaded suspects. In the United States these units go by a variety of names, but are commonly known as SWAT (Special Weapons And Tactics) teams.

In counter insurgency type campaigns, select and specially trained units of police armed and equipped as light infantry have been designated as police field forces who perform paramilitary type patrols and ambushes whilst retaining their police powers in areas that were highly dangerous.

Because their situational mandate typically focuses on removing innocent bystanders from dangerous people and dangerous situations, not violent resolution, they are often equipped with non-lethal tactical tools like chemical agents, "flashbang" and concussion grenades, and rubber bullets. The London Metropolitan police's Specialist Firearms Command (CO19) is a group of armed police used in dangerous situations including hostage taking, armed robbery/assault and terrorism.

Military police

There are several types of military police services:

  • Gendarmeries are military force which polices a civilian population.
  • Provost services are military police services that work within the armed forces.
  • Constabulary A civilian police force trained and organized along military lines.

Varying jurisdictions

Police forces are usually organized and funded by some level of government. The level of government responsible for policing varies from place to place, and may be at the national, regional or local level. In some places there may be multiple police forces operating in the same area, with different ones having jurisdiction according to the type of crime or other circumstances.

For example in the UK policing is primarily the responsibility of a regional police force; however specialist units exist at the national level. In the US policing there is typically a state police force, but a municipality may have its own police force. National police agencies also have jurisdiction over serious crimes or those with an interstate component.

In addition to conventional urban or regional police forces, there are other police forces with specialized functions or jurisdiction. In the United States, the federal government has a number of police forces with their own specialized jurisdictions.

Some example are the Federal Protective Service, which patrols and protects government buildings; the postal police, which protect postal buildings, vehicles and items; the Park Police, which protect national parks, or Amtrak Police which patrol Amtrak stations and trains..

There are also some government agencies which perform police functions in addition to other duties. The U.S. Coast Guard carries out many police functions for boaters.

In major cities, there may be a separate police agency for public transit systems, such as the New York City Port Authority Police or the MTA police, or for major government functions, such as sanitation, or environmental functions.

A Police Service of Northern Ireland/Royal Ulster Constabulary barracks in Northern Ireland. The high walls are to protect against mortar bomb attacks.

Global policing

Policing plays an increasingly important role in United Nations peacekeeping and this looks set to grow in the years ahead, especially as the international community seeks to develop the rule of law and reform security institutions in States recovering from conflict.

Armament and equipment

In many jurisdictions, police officers carry firearms, primarily handguns, in the normal course of their duties. In the UK and Ireland, with the exception of specialist units, officers do not carry firearms.

Police often have specialist units for handling armed offenders, and similar dangerous situations, and can (depending on local laws), in some extreme circumstances, call on the military (since Military Aid to the Civil Power is a role of many armed forces). Perhaps the most high-profile example of this was, in 1980 the Metropolitan Police handing control of the Iranian Embassy Siege to the Special Air Service.

They can also be equipped with non-lethal (more accurately known as "less than lethal" or "less-lethal") weaponry, particularly for riot control. Non-lethal weapons include batons, riot control agents, rubber bullets and electroshock weapons. The use of firearms or deadly force is typically a last resort only to be used when necessary to save human life, although some jurisdictions (such as Brazil) allow its use against fleeing felons and escaped convicts. Police officers often carry handcuffs to restrain suspects.

Modern police forces make extensive use of radio communications equipment, carried both on the person and installed in vehicles, to co-ordinate their work, share information, and get help quickly. In recent years, vehicle-installed computers have enhanced the ability of police communications, enabling easier dispatching of calls, criminal background checks on persons of interest to be completed in a matter of seconds, and updating the officer's daily activity log and other required reports on a real-time basis. Other common pieces of police equipment include flashlights/torches, whistles, and police notebooks and "ticketbooks" or citations.

Vehicles

Old model New Zealand Police highway patrol vehicle
French National Police Car
2008 Dodge Charger Police car
Main article: Police car

Police vehicles are used for detaining, patrolling and transporting. The common Police patrol vehicle is an improved four door sedan (saloon in British English). Police vehicles are usually marked with appropriate logos and are equipped with sirens and lightbars to aid in making others aware of police presence.

Unmarked vehicles are used primarily for sting operations or apprehending criminals without alerting them to their presence. Some cities and counties have started using unmarked cars, or cars with minimal markings for traffic law enforcement, since drivers slow down at the sight of marked police vehicles and unmarked vehicles make it easier for officers to catch speeders and traffic violators.

Motorcycles are also commonly used, particularly in locations that a car may not be able to access, to control potential public order situations involving meetings of motorcyclists and often in escort duties where the motorcycle policeman can quickly clear a path for the escorted vehicle. Bicycle patrols are used in some areas because they allow for more open interaction with the public. In addition, their quieter operation can facilitate approaching suspects unawares and can help in pursuing them attempting to escape on foot.

Police departments utilize an array of specialty vehicles such as helicopters, watercraft, command post, vans, trucks, all terrain vehicles, motorcycles, and SWAT armored vehicles.

File:Nash Bearcat.JPG
Police Lenco Bearcat CBRNE Armored Rescue Vehicle Metropolitan Nashville Police SWAT

Strategies

The advent of the police car, two-way radio, and telephone in the early 20th century transformed policing into a reactive strategy that focused on responding to calls for service. With this transformation, police command and control became more centralized.

August Vollmer introduced other reforms, including education requirements for police officers. O.W. Wilson, a student of Vollmer, helped reduce corruption and introduce professionalism in Wichita, Kansas, and later in the Chicago Police Department. Strategies employed by O.W. Wilson included rotating officers from community to community to reduce their vulnerability to corruption, establishing of a non-partisan police board to help govern the police force, a strict merit system for promotions within the department, and an aggressive recruiting drive with higher police salaries to attract professionally qualified officers. During the professionalism era of policing, law enforcement agencies concentrated on dealing with felonies and other serious crime, rather than broader focus on crime prevention.

Anti-riot armoured vehicle of the police of the Canton of Vaud in Lausanne, Switzerland

The Kansas City Preventive Patrol study in the 1970s found this approach to policing to be ineffective. Patrol officers in cars were disconnected from the community, and had insufficient contact and interaction with the community. In the 1980s and 1990s, many law enforcement agencies began to adopt community policing strategies, and others adopted problem-oriented policing.

Broken windows policing was another, related approach introduced in the 1980s by James Q. Wilson and George L. Kelling, who suggested that police should pay greater attention to minor "quality of life" offenses and disorderly conduct. This method was first introduced and made popular by New York City Mayor, Rudy Giuliani, in the early 1990s.

The concept behind this method is simple: broken windows, graffiti, and other physical destruction or degradation of property, greatly increases the chances of more criminal activities and destruction of property. When criminals see the abandoned vehicles, trash, and deplorable property, they assume that authorities do not care and do not take active approaches to correct problems in these areas. Therefore, correcting the small problems prevents more serious criminal activity.

Building upon these earlier models, intelligence-led policing has emerged as the dominant philosophy guiding police strategy. Intelligence-led policing and problem-oriented policing are complementary strategies, both which involve systematic use of information. Although it still lacks a universally accepted definition, the crux of intelligence-led policing is an emphasis on the collection and analysis of information to guide police operations, rather than the reverse.

Power restrictions

Breath Testing and Command truck of the Australian Federal Police in Canberra ACT

In many nations, criminal procedure law has been developed to regulate officers' discretion, so that they do not arbitrarily or unjustly exercise their powers of arrest, search and seizure, and use of force. In the United States, Miranda v. Arizona led to the widespread use of Miranda warnings or constitutional warnings.

Police in the United States are also prohibited from holding criminal suspects for more than a reasonable amount of time (usually 72 hours) before arraignment, using torture to extract confessions, using excessive force to effect an arrest, and searching suspects' bodies or their homes without a warrant obtained upon a showing of probable cause.

Using deception for confessions is permitted, but not coercion. There are exceptions or exigent circumstances such as an articulated need to disarm a suspect or searching a suspect who has already been arrested (Search Incident to an Arrest). The Posse Comitatus Act severely restricts the use of the military for police activity, giving added importance to police SWAT units.

British police officers are governed by similar rules, particularly those introduced under the Police and Criminal Evidence Act 1984 (PACE), but generally have greater powers. They may, for example, legally search any suspect who has been arrested, or their vehicles, home or business premises, without a warrant, and may seize anything they find in a search as evidence.

All police officers in the United Kingdom, whatever their actual rank, are 'constables' in terms of their legal position. This means that a newly appointed constable has the same arrest powers as a Chief Constable or Commissioner. However, certain higher ranks have additional powers to authorize certain aspects of police operations, such as a power to authorize a search of a suspect's house (section 18 PACE) by an officer of the rank of Inspector, or the power to authorize a suspect's detention beyond 24 hours by a Superintendent.

See also: Police power

Criticisms of the institutional role of policing

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Police forces have been used historically to suppress dissent and crush protests when political leaders had the authority to place such limits on freedom to assemble. Police brutality is a term generally applied to oppressive or violent actions by police officers in a jurisdiction where the citizens freedoms may have been violated by police overstepping their authority.

In revolutionary socialist theory and analysis, the police are seen as the main force responsible for defending the interests of the bourgeoisie and maintaining the status quo, primarily by protecting private property and capital from the "dispossessed" proletariat classes.

Socialists argue that although police may have in at least some cases the responsibility for maintaining the safety of citizens and even carry out such a responsibility, most crimes originate from class inequality or the psychological effects of this combined with hierarchy, and therefore that these crimes would not exist in a classless and non-hierarchical society, where goods are evenly distributed and hierarchy has been removed.

Under socialist theories of law, the law, and the state itself, are established to serve as a tool of the dominant class or classes of a society. In a Communist society, this has meant that law is intended to serve as a tool of the Communist party in promoting and protecting the revolution and overseeing the restructuring of society.

In practice, this meant that police in Communist countries have had a role as secret police against political opponents and dissidents against the Party. This has presented a challenge for post-Communist societies trying to establish effective police institutions and the rule of law, as the vacuum following Party dominance and the memories of the activities of predecessors such as the NKVD, KGB, Stasi and Securitate left many post-Communist states without police forces widely considered legitimate or respectable.

Conduct and accountability

Motorcycle of the Italian Carabinieri

Police services commonly include units for investigating crimes committed by the police themselves. These units are typically called Inspectorate-General, or in the USA, "internal affairs". In some countries separate organizations outside the police exist for such purposes, such as the British Independent Police Complaints Commission.

Likewise, some state and local jurisdictions, for example, Springfield, Illinois have similar outside review organizations. The Police Service of Northern Ireland is investigated by the Police Ombudsman for Northern Ireland, an external agency set up as a result of the Patten report into policing the province. In the Republic of Ireland the Garda Síochána is investigated by the Garda Síochána Ombudsman Commission, an independent force that replaced the Garda Complaints Board in May 2007.

The Special Investigations Unit of Ontario, Canada, is one of only a few civilian agencies around the world responsible for investigating circumstances involving police and civilians that have resulted in a death, serious injury, or allegations of sexual assault.

Lamborghini Gallardo of the Italian State Police
Norwegian mounted policeman, Oslo
A policeman riding a camel in Giza, Egypt

Use of force

Police forces also find themselves under criticism for their use of force, particularly deadly force. Specifically, tension increases when a police officer of one race harms or kills a suspect of another race. In the United States, such events occasionally spark protests and accusations of racism against police and allegations that police departments practice racial profiling.

In the United States since the 1960s, concern over such issues has increasingly weighed upon law enforcement agencies, courts and legislatures at every level of government. Incidents such as the 1965 Watts Riots, the videotaped 1991 beating by Los Angeles Police officers of Rodney King, and the riot following their acquittal have been seen as evidence that U.S. police are dangerously lacking in appropriate controls.

The fact that this trend has occurred contemporaneously with the rise of the US civil rights movement, the "War on Drugs," and a precipitous rise in violent crime from the 1960s to the 1990s has made questions surrounding the role, administration and scope of police authority increasingly complicated.

Police departments and the local governments that oversee them in some jurisdictions have attempted to mitigate some of these issues through community outreach programs and community policing to make the police more accessible to the concerns of local communities, by working to increase hiring diversity, by updating training of police in their responsibilities to the community and under the law, and by increased oversight within the department or by civilian commissions.

In cases in which such measures have been lacking or absent, civil law suits have been brought by the United States Department of Justice against local law enforcement agencies, authorized under the 1994 Violent Crime Control and Law Enforcement Act. This has compelled local departments to make organizational changes, enter into consent decree settlements to adopt such measures, and submit to oversight by the Justice Department.

Protection of individuals

The United States Supreme Court has ruled numerous times since 1856 that law enforcement officers have no duty to protect any individual, despite the motto "protect and serve". Their duty is to enforce the law in general. The first such case was in 1856 (South v. Maryland) and the most recent in 2005 (Town of Castle Rock v. Gonzales).

In contrast, the police are entitled to protect private rights in some jurisdictions. To ensure that the police would not interfere into the regular competencies of the courts of law, some police acts require that the police may only interfere in such cases where protection from courts cannot be obtained in time, and where, without interference of the police, the realization of the private right would be impeded. This would, for example, allow police to establish a restaurant guest's identity and forward it to the inn-keeper in a case where the guest cannot pay the bill at nighttime because his wallet had just been stolen from the restaurant table.

In addition, there are Federal Law Enforcement agencies in the United States whose mission includes providing protection for executives such as the President and accompanying family members, visiting foreign dignitaries, and other high-ranking individuals. Such agencies include The United States Secret Service and the United States Park Police.

International forces

Main article: Law enforcement by country

In many countries, particularly those with a federal system of government, there may be several police or police-like organizations, each serving different levels of government and enforcing different subsets of the applicable law. The United States has a highly decentralized and fragmented system of law enforcement, with over 17,000 state and local law enforcement agencies.

Some countries, such as Chile, Israel, the Philippines, Austria, New Zealand and South Africa, use a centralized system of policing. Other countries have multiple police forces, but for the most part their jurisdictions do not overlap. In the United States however, several different law enforcement agencies may have authority in a particular jurisdiction at the same time, each with their own command.

Other countries where jurisdiction of multiple police agencies overlap, include Guardia Civil and the Policía Nacional in Spain , the Polizia di Stato and Carabinieri in Italy and the Police Nationale and Gendarmerie Nationale.

Most countries are members of the International Criminal Police Organization (Interpol), established to detect and fight trans-national crime and provide for international co-operation and co-ordination of other police activities, such as notifying relatives of the death of foreign nationals. Interpol does not conduct investigations nor arrests by itself, but only serves as a central point for information on crime, suspects and criminals. Political crimes are excluded from its competencies.

See also

Lists

References

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  2. Dinsmor, Alastair (Winter 2003). "Glasgow Police Pioneers". The Scotia News. Retrieved 2007-01-10.
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  5. Brodeur, Jean-Paul (1992). ”High Policing and Low Policing: Remarks about the Policing of Political Activities,” Understanding Policing. Canadian Scholars’ Press. pp. 284–285, 295. ISBN 1-55130-005-2. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  6. Walker, Samuel (1977). A Critical History of Police Reform: The Emergence of Professionalism. Lexington, MT: Lexington Books. p. 143. ISBN 978-0-6690-1292-7.
  7. Neocleous, Mark (2004). Fabricating Social Order: A Critical History of Police Power. Pluto Press. pp. 93–94. ISBN 978-0-7453-1489-1.
  8. Siegel, Larry J. (2005). Criminolgy. Thomson Wadsworth. pp. 515, 516.
  9. Whittaker, Jake. "UC Davis East Asian Studies". University of California, Davis. <http://eastasian.ucdavis.edu/research.htm>.
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  17. PMMG
  18. p.Davies, Bruce & McKay, Gary The Men Who Persevered:The AATTV 2005 Bruce & Unwin
  19. formerly named SO19 "Metropolitan Police Service - Central Operations, Specialist Firearms unit (CO19)". Metropolitan Police Service. Retrieved 2008-08-04.
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  21. Reiss Jr, Albert J. (1992). "Police Organization in the Twentieth Century". Crime and Justice. 51: p. 51. doi:10.1086/449193. NCJ 138800. {{cite journal}}: |pages= has extra text (help)
  22. "Finest of the Finest". TIME Magazine. February 18, 1966.
  23. "Guide to the Orlando Winfield Wilson Papers, ca. 1928-1972". Online Archive of California. Retrieved 2006-10-20.
  24. "Chicago Chooses Criminologist to Head and Clean Up the Police". United Press International/The New York Times. February 22, 1960.
  25. Kelling, George L., Mary A. Wycoff (2002). Evolving Strategy of Policing: Case Studies of Strategic Change. National Institute of Justice. NCJ 198029. {{cite book}}: Unknown parameter |month= ignored (help)CS1 maint: multiple names: authors list (link)
  26. Kelling, George L., Tony Pate, Duane Dieckman, Charles E. Brown (1974). "The Kansas City Preventive Patrol Experiment - A Summary Report" (PDF). Police Foundation.{{cite web}}: CS1 maint: multiple names: authors list (link)
  27. Kelling, George L., James Q. Wilson (March 1982). "Broken Windows" (subscription). Atlantic Monthly.{{cite news}}: CS1 maint: multiple names: authors list (link)
  28. Tilley, Nick (2003). "Problem-Oriented Policing, Intelligence-Led Policing and the National Intelligence Model". Jill Dando Institute of Crime Science, University College London. {{cite journal}}: Cite journal requires |journal= (help)
  29. "Intelligence-led policing: A Definition". Royal Canadian Mounted Police. Retrieved 2007-06-15.
  30. Amanda Reavy. "Police review board gets started". The State Journal-Register Online. {{cite news}}: Unknown parameter |subhead= ignored (help)
  31. Walker, Samuel (2005). The New World of Police Accountability. Sage. pp. p. 5. {{cite book}}: |pages= has extra text (help)
  32. See e.g. § 1 section 2 of the Police Act of North Rhine-Westphalia:"Police Act of the German state of [[North Rhine-Westphalia]]". polizei-nrw.de (in German). Land Nordrhein-Westfalen. Retrieved 2008-08-10. {{cite web}}: URL–wikilink conflict (help)CS1 maint: unrecognized language (link)
  33. The United States Park Police Webpage, http://www.nps.gov/uspp
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  35. Das, Dilip K., Otwin Marenin (2000). Challenges of Policing Democracies: A World Perspective. Routledge. pp. p. 17. {{cite book}}: |pages= has extra text (help)CS1 maint: multiple names: authors list (link)

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