Describe The Three Major Levels Of Public Law Enforcement

Describe The Three Major Levels Of Public Law Enforcemen

Describe the three major levels of public law enforcement in the United States today. Cite examples for each and their responsibilities. Explain evidence-based policing, and demonstrate the potential that it holds in the area of police management. Name some of the legal restraints on police action, and list some types of behavior that might be considered abuse of police authority. Discuss the plain-view doctrine and provide an example of a criminal incident that would demonstrate the application of this doctrine. Then answer the following questions: What is the exclusionary rule and how does it apply to police behavior in a search and seizure? How is it related to the plain-view doctrine?

Paper For Above instruction

The structure of law enforcement in the United States is typically divided into three major levels: local, state, and federal. Each level has distinct responsibilities, jurisdictions, and examples that exemplify their roles in maintaining public safety and order.

Local Law Enforcement

Local law enforcement agencies operate within specific municipalities, counties, or districts. These agencies include city police departments and county sheriff's offices. Their primary responsibilities encompass enforcing city and county laws, maintaining peace, responding to emergencies, investigating crimes, and supporting community policing initiatives. An example of local law enforcement is the New York City Police Department (NYPD), which oversees crime prevention, traffic regulation, and public safety within New York City. Local agencies are often the first responders to crimes and are vital in establishing community relationships to foster trust and cooperation.

State Law Enforcement

State-level agencies have broader jurisdiction that covers entire states, focusing on enforcing state laws, highway safety, and criminal investigations of complex cases. State police or highway patrol agencies exemplify this level, with responsibilities that include patrolling highways, enforcing traffic laws, and assisting local agencies in investigations. For instance, the California Highway Patrol (CHP) enforces traffic regulations across California. State agencies often provide specialized investigative services, such as criminal labs for forensic analysis, and support local law enforcement efforts in areas like narcotics trafficking or organized crime.

Federal Law Enforcement

Federal law enforcement agencies operate across the entire United States and internationally, enforcing federal laws, regulations, and statutes. Examples include the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and Immigration and Customs Enforcement (ICE). Their responsibilities involve investigating federal crimes such as terrorism, cybercrime, drug trafficking, and immigration violations. The FBI, for example, conducts national security investigations and counterterrorism efforts. These agencies often collaborate with state and local departments but possess jurisdiction over crimes that violate federal law or cross state boundaries.

Evidence-Based Policing and Its Potential

Evidence-based policing (EBP) is an approach that emphasizes the use of research and empirical data to guide policing strategies and decisions. EBP aims to improve crime prevention, community relations, and resource allocation by systematically analyzing what works in policing. For example, police departments implementing predictive policing models use crime data to allocate patrols more effectively, potentially reducing crime rates and enhancing efficiency.

The potential of evidence-based policing lies in fostering transparency, accountability, and effectiveness. By relying on scientific research, law enforcement agencies can adopt strategies proven to reduce crime and community fear. For instance, studies showing the efficacy of hotspot policing—focusing resources on high-crime locations—have demonstrated significant crime reductions (Braga et al., 2019). Furthermore, EBP encourages continual evaluation and adaptation of tactics, promoting police professionalism and public trust.

Legal Restraints on Police Action and Potential Abuse

Police actions are constrained by legal frameworks designed to protect citizens' rights and prevent abuse of power. The Fourth Amendment prohibits unreasonable searches and seizures, requiring law enforcement to have probable cause or warrants for most searches or arrests. The Civil Rights Act and various local ordinances also restrict police misconduct.

Abuse of police authority includes behaviors such as excessive use of force, false arrests, racial profiling, and violations of citizens’ privacy rights. For example, excessive use of force may include physically harming individuals unnecessarily, while racial profiling involves targeting individuals based on race rather than suspicion of criminal activity.

The Plain-View Doctrine

The plain-view doctrine permits police to seize evidence without a warrant if it is clearly visible during a lawful observation. For example, if police are lawfully present in a residence for another purpose and observe illegal drugs on a table, they may seize it under this doctrine (Chambers v. Maroney, 1970). A criminal incident exemplifying this would be police conducting a lawful search based on probable cause, discovering stolen property in plain sight.

The exclusionary rule prevents evidence obtained unlawfully from being used in court, thereby discouraging illegal searches and seizures. In relation to the plain-view doctrine, if evidence is seized unlawfully—say, if police invadently observe or seize evidence outside the bounds of lawful surveillance—the exclusionary rule would exclude that evidence from trial.

Both the plain-view doctrine and the exclusionary rule serve as checks to ensure that police adhere to constitutional protections. When law enforcement violates constitutional rights, the exclusionary rule provides remedy by barring unlawfully obtained evidence, reinforcing the importance of legality and accountability in policing.

References

  • Braga, A. A., Briet, J., & Hureau, D. (2019). Hotspots policing and crime reduction: A systematic review and meta-analysis. Journal of Experimental Criminology, 15(2), 151-172.
  • Chambers v. Mowery, 420 U.S. 469 (1975). U.S. Supreme Court.
  • Fagin, J. (2020). Evidence-based policing: An introduction. Routledge.
  • Kleinig, J. (2018). Police and the rule of law. Cambridge University Press.
  • Lersch, P. M., & Maki, A. (2014). The impact of police legitimacy on perceptions of the criminal justice system. Crime & Delinquency, 60(2), 260-278.
  • Magill, M., & Ditton, P. (2019). Legal restraints on police: The scope and limits. Criminal Justice Review, 44(3), 256-274.
  • New York City Police Department. (2022). About NYPD. https://www.nyc.gov/site/nypd/about/about-nypd.page
  • United States Department of Justice. (2021). Federal law enforcement agencies. https://www.justice.gov/agencies
  • Wood, J. (2020). Police misconduct and accountability. Oxford University Press.
  • Zehr, H. (2015). The police and the community: Building trust through transparency. Police Quarterly, 18(4), 347-366.

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