Police
Police
Problems of modern police organization
Until World War II, the larger continental European countries had centrally controlled police organizations, usually divided into a division for policing the capital and other large cities and a national service for policing smaller towns and rural areas. These were often supplemented by more heavily armed security police units that were essentially military in nature. The combination of central control, rigid selection of recruits (often through the army), special recruitment and training of command personnel, and rotation of command personnel produced highly efficient police systems whose personnel were generally free of the influence of the local politics and corruption that have plagued many departments in the United States. However, such police systems have also been associated with successful suppression of political dissidence and have traditionally developed in societies where the state has been confronted with serious problems of organized, armed political unrest.
The constitutional preference in the United States has been for a police under local control that would be available neither to the duly constituted central government nor to any organized group that might seize control of the federal apparatus. This constitutional situation has been accompanied in the United States by special problems of securing efficiency and honesty in police operation. However, recent very rapid improvements in the quality of police practice, especially in the larger cities, indicates that local control per se need not be incompatible with high-quality police.
In addition to municipal police, there are county sheriffs’ departments which in large parts of the United States constitute full-fledged police units. State police units exist in all but a few of the states. These concentrate on highway patrol but may perform general police functions in rural areas and are also important forces available for suppressing disorder. At the federal level in the United States, the tendency has been to create specialized police units to deal with specific problems, such as counterfeiting, narcotics, customs, and immigration. The specialized units are in addition to the Federal Bureau of Investigation, which has much more general functions in enforcing federal law.
The English police system stands in many ways intermediate between that of the United States and the more centralized pattern of some Continental countries. The London Metropolitan Police are responsible directly to the central government, while other departments are under a loose inspectorial control which is coupled with a system of monetary grants-in-aid from the central treasury (Cramer 1964).
When the Allies occupied Germany and Japan at the end of World War II, they introduced police systems patterned after the Anglo-American constitutional structure. In Japan the change from a completely decentralized police introduced by Occupation authorities in 1947 to a much more centralized one in 1954 illustrates the difficulties involved in adapting the police systems of one country to the conditions of another. Decentralization resulted in underfinancing of local units; police reliance on large private donations, including some from organized gangster groups; and near helplessness of local units in the face of organized gang violence and later in the face of a systematic and disciplined campaign of political rioting directed against the central government (Nakahara 1955). In contrast, the disorders and riots that confront the police in the United States are rarely led by disciplined cadres, nor have they been directed at overthrow of the constituted government.
Police organization and social control. The establishment of uniformed, armed, and organized police as a response to the problems of social control in modern societies creates a number of problems, such as the political neutralization of the police, organizational creation and maintenance of discipline and commitment to legality in behavior toward the citizen, and development of efficient and impartial enforcement of the law. The means evolved to solve some of these problems may have negative results on others. Moreover, the control, organization, and behavior of the police will reflect the differences in civic culture between countries: for example, differences in the degree of consensus about the values represented in law and in the institutional supports for police authority, on the one hand, and traditions of police restraint on the other. The civic culture will, in turn, reflect differences in the nature and degree of heterogeneity of different societies, the degree to which laws representing minority viewpoints are passed, and the way in which law enforcement through the police relates to other forms of authoritative control in the particular society.
Location of governmental centers. Of obvious though often overlooked importance is the relationship between patterns of urbanization and the location and nature of governmental centers. In many countries—for example, England, France, Germany, and Argentina—the capital city is also the metropolis or at least one of the largest cities. The location of national government physically in a large city means that problems of civil disorder can become very serious from the point of view of the governing regime. When such disorder is politicized, the government is accessible physically, and even relatively minor disorders can seem to pose fundamental threats to the regime. Where the regime is represented in the person of a king domiciled in the metropolis, sensitivity to disorder will be even greater (Chapman 1953).
One of the major differences between the United States and many other industrialized, urbanized countries lies in the simple fact that the national capital is not a major metropolis and until recently was not even a large city. Furthermore, the capitals of the states, which under the federal constitutional system share sovereignty, are often not the largest cities in each state. Since it is the large cities that have been the major sources of politically relevant disorder, the United States has thus had less need of the highly disciplined riot police of other countries. This geographical isolation of governmental elites from the mass of the population has helped maintain the stability of democratic institutions, despite the volatile history and extreme heterogeneity of the United States; while there have been many riots, the mob has not been a prominent actor on the political stage. Thus simple geography has partially performed the function of insulating elites from the mass—a precondition of modern democracy, according to theorists of mass society (Kornhauser 1959). From this point of view, distance can be a partial substitute for force.
Police bureaucratization
Bureaucratization—an organizational technique whereby major centers of civic power become neutralized from the point of view of the governing regime—has been of great significance in the development of modern police. Bureaucratization is a device whereby commitment to the occupational organization or occupational community and to its norms of subordination and service takes precedence over extraoccupational social commitments. Thus, in modern societies the political neutrality and legal reliability of the police is less a matter of the social sources of recruitment than of internal organization, training, and control. This, of course, is no less true of the organization of, for example, tax-collecting services or public education. In this sense, then, the police do not differ from the other large-scale civil services. Nevertheless, the situation is particularly crucial with respect to the police, because they are commonly called upon to enforce unpopular laws and, of course, because they are armed and organized. Perhaps this fundamental significance of police bureaucratization can be seen by attending to the fact that given well-organized, well-disciplined, and internally well-regulated police, it is necessary for civil authorities to assure themselves only of the political loyalty and dedication to legal process of the controlling police elites.
Such problems are not confined simply to the unstable governments of some developing societies or to the often conflict-ridden regimes of continental Europe. A major device whereby American Negroes have been able to secure better police protection as well as relief from police suppression has been the political capturing of city governments, or at least the development of sufficient political influence to be able to persuade city officials to appoint top police officials, chiefs, commissioners, etc., who are more sympathetic to the civic aspirations of the Negro population. Of course, the successful translation of elite perspectives toward minority groups throughout police rank and file is not to be taken for granted; nevertheless, it is true that wherever a determined top police administration backed by a city government which has been under pressure from powerful Negro groups has seriously attempted change of racial law enforcement, the efforts have generally been successful. To a very considerable extent, American minority groups have been able to secure civic respect from the police to the degree that they have been able to generate political influence.
Negroes represent the last American minority group still undergoing this process. The development is particularly slow in parts of the southern United States, where law enforcement and maintenance of caste relations have traditionally been partly synonymous. Although police professionalization and bureaucratization are often strongly resisted by the white political structure, they have begun to appear as one of the major gains of the so-called Negro revolution (McMillan 1960). Perhaps in the long run, however, the most significant feature of police bureaucratization is that it tends to prevent the police from substituting their private attitudes or private occupational cultures for legal norms in law enforcement. One ha’s only to cite examples of county sheriffs and sheriffs’ deputies in parts of the rural South, where not only personal animosities but also racial attitudes have played a part in law enforcement, to show that recruitment of amateurs from among the local populace involves serious dangers.
Very broadly speaking, it may be pointed out that the process of internal bureaucratization of the police tends to make recruitment a less significant factor in the reliability and neutrality of the police. However, when a particular governmental regime is highly unpopular with some particular segment of the population, and when the political reliability of the police has not been achieved by bureaucratization, it may be particularly important to recruit from specialized segments of the population whose loyalty arises from extraorganizational, social commitments as well as from adherence to the police occupation. Thus, during the early stages of political development in some modern multitribal states, the police may be recruited almost entirely from one particular tribe. In this way, the regime counts on intertribal tensions and frictions of the community as a device for assuring that the police will enforce the law against members of other tribes.
Many of the most significant problems of modern police, however, lie precisely in the balance between bureaucratic isolation, on the one hand, and integration into the local community, on the other. Among the most significant consequences of this dilemma that have been pointed out by American researchers is the fact that isolation from the community without careful bureaucratic organization can result in police occupational cultures which can become private subcommunities heavily involved in illegally determining the distribution of law enforcement and the use of violence (Westley 1953). Isolation to a degree is obviously necessary. However, isolation may be accompanied by public contempt, which has been so frequent in the United States, with its generally low regard for public service. Thus, when isolation is not accompanied by organizational control, training, and indoctrination, it can, on occasion, result in a situation where the police are, to be sure, apolitical but where their conceptions of appropriate conduct and appropriate relations between police and populace can become an autonomous and disturbing element, even in a predominantly civil and legal social structure (Banton 1964).
Problems of modern police organization
The organization of the police into disciplined bureaucracies is dependent upon certain social conditions. However, if such organization is successful, it can, in turn, create problems related to the linkages between police and community, the nature of policing in modern urban societies, and the problems of decentralized decision making peculiar to police work (Wilson 1963). Most detailed research on these matters has been done in the United States and England, especially the United States. Developments in the United States are especially useful for illustrating the general conditions which make for both successful police organization and newer problems in policing.
Professionalization of the police
Bureaucratization of the police, is, of course, importantly facilitated where public employment is highly regarded and well paid, and where police service can provide prestigeful lifetime careers. It is under these circumstances that the necessary personal commitment to the service and the necessary occupational morale are most likely to develop. The United States has had particular difficulty in this regard. The state as an abstract entity has not been regarded with the special mystique of some countries, nor has it been invested with the special symbolic aura of the English crown. In addition, the public service occupations in general have not been of the highest prestige; this is generally the case in market-oriented societies which are traditionally devoted to the pursuit of private fortune. Judging from recent research, however, there has been considerable improvement in this respect since the early 1900s, and this trend can be expected to continue (Janowitz et al. 1958). In addition, the increasing concentration of population in large cities has allowed the development of larger departments with the possibility of more rigorous selection of personnel, better training, and the development of a more self-consciously professional administrative corps among police commanders.
Until recently it has been difficult for police commanders in the United States to secure sufficient independence from local politics to develop systems of recruitment, promotion, and assignment based upon merit rather than political preferment. These difficulties in securing professional autonomy have been especially pronounced in the older and more heterogeneous cities of the North and East, where the combination of unpopular laws and ethnic minority involvement in both machine politics and municipal services has often led to complex linkages between organized crime, the police, and ethnically based political machines. The major cities in the South, Southwest, and West have had fewer of these problems. During a period of rapid social change, underdeveloped public services in general, great heterogeneity of population, and legislatures dominated by rural interests who often wrote their own sectional and class norms into formal law, such connections between police, politics, and community were inevitable. Indeed, they served to ease social change and the urbanization and civic assimilation of the large immigrant populations, who were able to acquire relatively quick access not only to local politics but also to the police arm of government.
Patterns of police authority
Under conditions of increased professionalization of municipal police, the problems of internal discipline, efficiency, honesty, and respect for formal legality are increasingly being solved. Their solution, however, raises other difficulties related to police-community relations, on the one hand, and new determinants of discretionary decision making, on the other. Where the police, as in England, have been able to rely on long-standing patterns of deference to the symbols of legitimate authority, coupled with a longestablished cultural homogeneity and crowned symbolically by the monarchy, relations between police and populace reflect the gradual development of customary forms of behavior as well as formal legal restrictions on police and populace alike. Under such circumstances, police authority is supported by the institutional environment, such as the law courts, as well as by popular attitude and social custom. On the other hand, where patterns of deference are not well developed, as in the United States, and the police are seen as simply doing a job rather than as representing an institutional order, the legal system in general receives less support from custom and other institutions of society; in turn, the legal system is likely to represent the deep ambivalence toward authority which characterizes the larger culture. Thus, in the United States police powers are severely limited as compared with those of the Continent, and police authority is not buttressed by developed custom within the bounds of formal law, as has been the case in England (International Conference … 1962; Banton 1964).
This combination of lack of supportive deferential custom, the relatively unprivileged position of the state, severe legal restrictions on police powers, and high crime rates—especially high rates of violent crime, on the one hand, and organized crime, on the other—has posed especially difficult problems for the police in large American cities. As a consequence, certain informal practices that are illegal or of doubtful legality, which are probably found to one degree or another among police everywhere, have received special attention from American social researchers. Among these are the widespread use of discretionary powers that are poorly based in formal law and the noticeably declining problems of corruption (LaFave 1965; Skolnick 1966).
Increased concern with these practices, together with the rapidly growing political and civic awareness and influence of Negroes, the increasing bureaucratization and professionalization of the police, and the increasing necessity to regulate an affluent and mobile citizenry (especially in traffic control, which cannot always be identified with traditional categories of criminal conduct) have led to an awareness that older patterns of police practice and older patterns of contact between police and community must give way to rationally calculated and organizationally inculcated forms of conduct. Rather than seeking to share communal sentiments and reflect them in their behavior, the police must try to develop ways of managing interpersonal contact so as to minimize challenge to police authority as well as degradation of the citizen.
Symptomatic of this change is the increasing amount of social research, including public opinion surveys, with implications not only for general understanding of police but also for police practice (Great Britain … 1962a; 1962b; Clark 1965; Preiss & Ehrlich 1966; Bordua 1967). This replacement of custom by rule and management has often been described by sociologists as characteristic of modern mass societies. It seems likely that as deference patterns decline in other societies, many features of recent American experience will develop there.
Discretionary decision making
In democratic societies the problem of assuring that the police are organized so as to be a reliable instrument for the maintenance of order and the suppression and prevention of crime, while at the same time assuring that they exhibit restraint and sensitivity to citizen rights, means that organization of the police cannot be like that of an assault battalion which on command can be relied upon to do its duty regardless of cost to itself, its enemies, or the surrounding social fabric. Nor can it be organized to respond purely to external stimulation in an automatic and “programmed” fashion. Police organization involves elements of military command from the center, as well as elements of automatic response to stimuli at the periphery; however, the peculiar conditions of modern policing require above all that discretionary judgment within a framework of rules be widespread.
Because rules cannot specify all eventualities, the decision making of police in a democracy is determined by morale, on the one hand, and by the relationship to the local community culture, on the other. The problem of morale is essentially one of assuring a commitment to central organizational and legal purpose as a basis for discretionary decision. The problem of relation to the local community is essentially one of maintaining a sensitivity to the culture of the community as it involves questions such as modes of exercising authority and kinds of offenses which can be proceeded against only at great social cost; it also involves a sharing by the police of the general society’s sense of the significance of individual dignity.
Involvement in the community
The balances between discretion and command and between isolation from and involvement in the general culture are, in some ways, the same problem, since it is participation in the general life of the community that helps the police fill in the ambiguities of formal law and departmental regulation. Integration into the community also prevents the police from substituting their own occupational and organizational culture for the law or for the moral sentiments of the local populace. Such community integration is facilitated by cultural homogeneity and by the absence of wide disparity between the formal law and social custom.
The involvement of police in the community can, however, be overdone, as evidenced by many of the difficulties of developing restrained law enforcement in racially mixed communities in the United States. Where dominant community sentiment in the segments of the population holding power dictates denial of legal rights and protections to Negroes, integration of the police into local culture may defeat the specific aims of legal policy as well as the general aim of equal dignity for all citizens. In general, the use of law as an instrument of social change requires sufficient isolation of the police from local involvements that they can act in accordance with new legal directives that are likely to meet resistance.
In stable and homogeneous societies, there is likely to grow up a body of customary practice linking police and citizenry which serves to supplement and refine the formal law and the use of police authority. Where such custom has been of long standing, thus making both citizen and police behavior predictable and mutually tolerable, the basic trust of the citizenry in the police is likely to make demand for more elaborate formal control of the police unlikely. However, where social change is rapid and the conditions for such customary adaptation are not present, demands for more control are likely to be prominent. The recent movement for civilian police review boards in the United States is an example of one such demand deriving from such a lack of stabilized trust.
Deployment of police resources
Police operations vary greatly, depending on a number of factors in addition to those already mentioned. Among these factors are the kind and amount of illegal behavior, as well as its social organization; the degree to which uniformed police are expected to carry out the general functions of public protection and regulation in areas other than dealing with crime and disorder; the nature and distribution of communication facilities in the population; and the relative use of mechanical and electronic aids in crime detection and law enforcement.
In some societies the police have many duties and become a general administrative arm of government. This may be true either because of a general conception of the role of central government or because of the relative scarcity of other trained administrative services. In the United States, where crime rates are high and where traffic regulation consumes an important share of police resources, police commanders have attempted to limit police operations to the central ones of protection of life and property through the suppression of crime and disorder. In addition, in their attempts to develop a more prestigeful and professional service, leading police spokesmen in the United States have tended to look to the traditional professions, such as law and medicine, where specialization and the ability to limit functions have been accompanied by high prestige. This effort is especially significant in the United States, where autonomously developed performance standards and specialized technical competence have been sources of occupational prestige, whereas performance of generalized service to the state has not. Performance of functions outside the areas of crime control and the maintenance of public order is not necessarily incompatible with a high standard of police service, however. Indeed, the public image of the police may be more favorable where police service includes considerable supportive activity in addition to more repressive services.
Problems of organization and deployment of police are closely related to the nature of illegal behavior, its social organization, and the social channels whereby information on illegal activity is made available to the police. In modern, urbanized societies much routine information concerning crime comes from the citizen complainant, who is usually the victim of the crime. The spread of telephones in the population, coupled with the use of two-way-radio-equipped patrol cars in the larger cities of the United States, Canada, and Scandinavia, has made possible very rapid reaction to citizen calls. This reaction is usually mediated through a central radio dispatch center, which also enables considerable control over the activities of policemen by superiors.
In the United States the high incidence of crime —especially crimes against the person—plus the lack of tribal or other means for dealing with crime results in a very large volume of work for urban police departments. This large volume is partially due to the lack of private security arrangements of a nonpolice nature; homesteads are not walled, and there is nothing like the famous concierge arrangement of France. Thus there is a need for the police to react very rapidly in a very decentralized fashion, as well as a need for centralization of police communication. For this kind of police work, deployment and allocation of police resources are determined largely by the willingness of the citizenry to request police protection.
Other police operations, such as vice control, are less reactive in nature and, indeed, may have no victim or complainant in the ordinary sense. Under these conditions, police work involves a more initiatory strategy, and decisions as to deployment and resource allocation are much more under the control of police authorities themselves. Such “service” crimes as gambling, prostitution, and liquor or narcotics sales involve considerable organization on the part of criminals; moreover, they have no victims willing to complain and act as prosecuting witnesses, and they can take place in premises protected by legal guarantees of privacy (Stinchcombe 1963). It is also characteristic of these offenses that they are likely to involve violation of laws which do not necessarily represent a high degree of social consensus. This combination of circumstances, coupled with the large amounts of money which result, makes corruption of the police more likely than in the case of other types of crime, and corruption can function much like a private tax. It also means that removal of police from politics is more difficult, since the social differences which underlie the law will make themselves felt in political demands for more strict or more lenient enforcement.
Among new techniques being used by the more highly mechanized police systems of large United States cities, and to a lesser degree in Canada and Scandinavia, are elaborate electronic computer installations used to search records, sort through modus operandi files, and provide very rapid responses to inquiries from field officers concerning suspicious automobiles. These new techniques of communication, information retrieval, and dispatching are significant not only with respect to the speed and effectiveness with which police respond but also with respect to the effectiveness of command and control within departments (Bordua & Reiss 1966).
Organizational discipline
Over and above control through the usual techniques of rule making and supervision, many departments in the United States have been led to maintain undercover units designed to monitor the efficiency and honesty of the police themselves. Such internal investigation units have been effective when combined with firm control in reducing corruption and greatly increasing citizen respect for the police. Internal investigation units and central communications audits allow organizational control of dispersed field officers, but they may also create problems of morale, since they bypass subordinate command levels and imply mistrust. Such extreme measures for internal control are likely to become less necessary as conditions change in the United States, especially as police recruitment, training practices, and overt supervision practices improve. These organizational improvements, coupled with improving public respect for police, should help increase the sense of occupational honor among the police, which is crucial in the long-run assurance of competence and honesty (McMullan 1961).
The internal control problems of large city departments have been greatly complicated in the United States by the long history of local political interference in internal police affairs. As a response to this problem, civil service tenure for police has become very widespread in an attempt to protect individual policemen from threats to their livelihood by political influence. In the process, however, it has become quite common for the ultimate power that imposes severe disciplinary measures, such as demotion or dismissal, to be lodged outside the police department. Dismissal for cause may require highly formal hearings, and appeal may lie to the regular courts. While this system helps eliminate unfair, arbitrary, or politically motivated decisions by police command personnel, it simultaneously weakens internal control exercised along more acceptable lines. This security of tenure for the rank and file and the necessity for quasi-judicially presented evidence is one reason why reforming departments stress the need for undercover internal investigation. Through such investigations it is possible to secure appropriate evidence of wrongdoing and, in most cases, induce resignation rather than initiate formal proceedings.
Given the widespread willingness of the populace to corrupt the police—usually in petty ways —and the widespread ambivalence toward authority exercised in the name of the state, it is necessary in the United States to place the police under a far more severe discipline than would be acceptable to the general population. Police everywhere are, of course, subject to close discipline, yet in many societies this is accompanied by either a complementary restraint and respect on the part of the citizenry or by a definition of the police as having a special elite position which helps in maintaining their morale. In the United States, in a well-run police unit, the rank-and-file officer is likely to experience a subordination less stringent than that experienced by his counterparts in other countries; however, the discipline that he experiences is far more severe, relative to the patterns of authority in the surrounding civil society.
The organizational discipline—more apparent in large or rapidly improving departments than in small or static ones—not only sets police apart from the general populace but, perhaps more importantly, makes for a great contrast between the values of the police occupation and those of other segments of the system for the administration of criminal justice. The increasing emphasis on rehabilitation, reform, and resocialization of offenders has been accompanied by a decline in the use of legal coercion and a de-emphasis, at least in ideology, of ideas of punishment and rigid restriction. It thus sometimes seems to the police that modern ideas of treatment of criminals require relaxation of restraint on offenders and an increase in restraint on officers. Despite the increasing similarity of education and the decreasing intellectual isolation of police administrators in the United States, the differing conditions of organizational control will probably make for continuing conflict between police and other aspects of the criminal justice system.
Moreover, it may be anticipated that some of the difficulties faced by police in the United States will appear or increase in other countries. As wealth and education are more widely distributed, traditional patterns of citizen deference break down and the traditional supports for police authority weaken. These changes produce difficulties not only in relating police to populace but also in the internal control of police themselves.
David J. Bordua
[See alsoCriminal law; Gambling; Penology; Punishment; Social control.]
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