Police History the American System of Criminal

Police History

The American system of criminal justice and investigations stem from English common law and practice, which advised colonial governments and gave rise to subsequent systems in the United States. In fact, the standing police force that most Americans take for granted did not always exist. Early Americans, like the English before them, were averse to the concept of a government-sponsored standing police force that could at any time be authorized to strip citizens of their rights and liberties. The current method of law enforcement, from apprehension to pre-trial investigations, also owes its roots to the English.

The first professional, paid American police forces started in the early seventeenth centuries: first in Boston in 1631 and about fifteen years later in New Amsterdam. Known initially as watchmen and later as constables, the officers did not enjoy the same level of responsibility or the same role in society as modern police. The role of watchmen and that of detective was firmly delineated. However, as the colonies expanded and later the nation grew, the need for more firmly established public systems and institutions evolved. One of the most significant of those institutions was the formalized criminal justice system. Sheriffs in the Western territories of the United States were responsible not just for the apprehension of criminals but also of straddling the interface between law enforcement and politics. "Law men" watch for when laws are broken, have the power and resources to investigate crimes and gather evidence, and present that evidence to the judiciary.

The formal criminal justice system depended on effective criminal investigations. Investigations help to legitimize the police force, placing the burden of proof on law enforcement in criminal cases. The idea that an individual is innocent until proven guilty, which derives directly from British law, has necessitated systematic criminal investigations.

However, law enforcement has also played critical roles in creating and enforcing social norms and also in achieving political objectives. The Pinkertons started off as a private protection service, which later morphed into a means of infiltrating groups or apprehending individuals for political purposes. Police investigations prior to the 20th century had a high potential for corruption ("History of Law Enforcement" n.d.). During the time of the Pinkertons' peak in the nineteenth century, methods involving espionage also became critical components of criminal investigations. Although espionage is still an important tool in some criminal investigations, the Constitution outlines clearly the ways and means by which surveillance can be used without compromising an individual citizen's right to privacy. Rules of due process protecting the rights of citizens entail stricter controls on law enforcement, which cannot perform searches and seizures without judicial warrants. August Vollmer is credited with many of the most notable reforms to the methodologies used by police departments in the United States, as well as the structures of those departments ("History of Law Enforcement" n.d.). Politics and law enforcement are still inextricably connected, but not nearly as much so as in the past. Current criminal investigations methodologies depend on a standing force of professional civil servants trained in apprehension and investigation, while there are still neighborhood watch programs involving civilian volunteers. Such systems of community policing work only when the criminal justice system is viewed favorably, thereby legitimizing the role of officers. Finally, technology has a large bearing on the character of criminal investigations, especially since the 20th century. Mapping and CGI, DNA analysis, and other technological advancements make the job of law enforcement more potentially precise.