The three stages of Law Enforcement in Texas (State, Local, and Federal) - Essay Example

The three stages of Law Enforcement in Texas Local, and Federal) There exist three stages of law enforcement in the United State. They include the Federal, the State Police as well the Local Police. These categories of law enforcement have several similarities and differences, the main one being the responsibilities of each. To begin with, Federal is the highest of the three law enforcement agencies. The federal law enforcement agency, also referred to as law enforcement department is an agency mandated to enforce the law. All federal laws originate from the U.S. Constitution. Therefore, Federal law has the power over areas like maritime law, immigration, interstate commerce as well as taxes. The Constitution allows that the state can come up with any laws they wish, provided they do not violate the constitution. Federal organization normally works within the jurisdiction, which is within the limits of a given country. Federal law enforcement agency may not enforce the law within smaller jurisdiction, such as a state, as well as, a country, though they can help other organizations by giving out information to them. As a common rule, federal law enforcement organization have the mandate to act when federal laws are not adhered, federal asset is involved, or when federal law gives federal agents own mandate to act in a specific legal area or field. At the same time, it is possible for federal organization to enforce state or local laws (Hess 79). They, therefore, exercise their mandate everywhere in the United States when need arises. The responsibilities of federal agency differ from one country to another. These tasks include the response to policing of airports, fraud against the country, the protection of designated national infrastructure, immigration as well as border control regarding individuals and assets, the investigation of currency counterfeiting, national security and guarding the country’s head of state, as well as, other significant dignitaries. Examples of the final responsibilities are the Protective Mission of both the U.S. Secret Service as well as the United State Department’s Diplomatic Service. A federal strategy agency that is a federal organization has additional federal responsibilities a part from the usual police duties of public safety as well as social order. They do not implement their jurisdiction at divisional level. However, they can exercise this when exceptional arrangements between federal and divisional governing bodies are organized. An example of such a federal organization is the Federal Bureau of Investigation (FBI). Another body is the Federal Protective Service (FPS), which is one of the organizations found in the U.S. Division of Homeland Security. The Division is responsible for law enforcement and the security of about 9,000 federal owned buildings, courthouses and assets. The FPS is deployed for national security events on terrorist attacks, as well as, natural disaster management in the U.S. The U.S. has a well-organized system of law enforcement, and it is reflected in its federal organizations. Federal agencies normally enforce laws that lie within their jurisdictions and areas of duty; therefore, they have limited police tasks. This means certain federal agencies deal with crimes, no matter the place they have occurred. For instance, the FBI that has its own primary investigative functions deal with kidnapping cases in the U.S. The agency is the largest of all federal law enforcement organizations (Carter 116). The agency has divided its investigation into several programs, which include domestic and international terrorism, foreign counterintelligence, public corruption, civil right, cyber, organized crime drugs, white-collar crime, applicant matters and violent crimes. A good number of FBI findings are carried out in collaboration with several other law enforcement agencies. The FBI has always believed that working with other agencies is the main tool for effective law enforcement. They usually cooperate and work with other federal law enforcement organization at both national and local level, which look at broad crime problems and national security at large. The FBI’s office of Law Enforcement coordination was created in April 2002, to build breaches, establish new associations, and strengthen and enhance existing relationships between the FBI and all federal agencies, state, local, tribal, as well as, campus law enforcement. Recognition and criminal background information may be availed to federal, state as well as local enforcement organization, which is directly related to the criminal justice activity. In addition, the information may at the same time, be made available to any foreign or international agency reliable with international treaties, conventions, and executive agreements, in case such disclosure may help the party in the performance of a law enforcement activity. Federal agencies are also tasked with enforcing laws that influence the behavior of its people and for the behavior of commercial organizations as well as the corporation. Several Federals have internal divisions to guarantee compliance with the law. State police officers, commonly referred to as highway patrol officers or otherwise state troopers, are law enforcement organization, which renders police services on a statewide level. State laws originate from the constitution of every state as well as the other additions enacted by state governments (Hess 117). There laws cover all the other legal areas left out by the federal law, which includes real estate laws, divorce, property taxes, motor vehicles laws and business licenses. This means that state laws covers areas left out in the U.S. constitution. They are the main law enforcement agents in counties or societies without a home police force or sheriff’s units. Their duties include enforcing driving under the control laws, presenting testimony as well as caring out interviews and grilling. State police officers are in charge of interviewing and interrogating. Most of the individuals interviewed include the suspected perpetrators, possible witnesses, fellow law enforcement officials and supposed victims. Since there is the possibility of defendants to allege police harassment, other state police officials record their interviews as well as interrogations using an electronic recording like a tape recorder or videotape. These assist state police officers, as well as, the officer’s unit guard themselves against police harassment allegations. The state officers are involved in ensuring public safety through both highway traffic enforcement and public seminars. These law enforcement officers watch drivers who might have used alcohol or have taken other drugs. In case an officer notices an over speeding vehicle he can ask the driver to stop and at the same time leave the car. The officer can test a driver’s responses by checking if he is walking along a straight line. If the driver changes the walking style by either walking slowly or keeps on falling, the officer immediately directs a roadside alcohol breath examination. If the driver fails to prove that he his sober after the test, the state police officers can arrest the individual and complete a warrant application, which enables the officer to get blood and urine samples. A police finding can need testimony. The state police officers have the required qualification to present testimony regarding criminal as well as civil courts cases. An example of court case may involve testimony in a traffic investigation like theft of motor vehicle, fatal road accident as well as driving under the influence of alcohol or drugs (Carter 121). Defendant’s attorney is allowed to obtain a sworn statement directly from a state police officer, before a court case. The sworn statement is referred to as a deposition. In the course of a police investigation, both the district's attorney and the defendant’s attorney can believe testimony based on the manner in which the officer provides answers to questions and the officer’s signed statement. The officer is requested to explain a police interview with the culprit, the culprit’s behavior, as well as, describing the manner the crime scene evidence was collected. Local law enforcement is responsible with maintaining the laws on the streets, as well as, in the area of the city or municipality where they are based. Local law enforcers usually work together with state and federal agencies in cases outside local powers. The profession of a local police officer can be risk, specifically during his time on the field. However, most of an officer’s day is spent providing responses to calls for help and attending to paperwork. Some police agencies established in an urban setting carry out community policing. This is an opportunity that an officer establishes relationships with local people and seeks public assistance to combat crime. The local officers put on uniform, and some do a beat of patrol, during the work shift. In the process of patrolling the officers’ assignment, include spotting, chasing and arresting suspected culprits. They are also relied to handle disputes, as well as, troubles around the community, and enforce traffic laws. They have to report to superiors any doubtful acts and dangers to public safety. Local law enforcement officers are required to remain within the boundaries of a single town or city. Moreover, other local police officers have distinctive geographic powers and enforcement responsibility. Several colleges, as well as, public universities have a campus police force. Good example of geographically local law enforcers is a public school districts and agencies serving transportation systems. Even though, the area of law enforcement has subdivisions that are charged with some jurisdiction all with a common agenda, which is to protect its people and implement the laws approved by legislators at the federal, state and local level of government, they have several differences (Hess 103). The common law enforcement officers are the municipal police officers in charge of cities, villages and townships. The key difference that exists between these officials and their counterparts at the state or federal stage is only that they are the primary enforcement front for all unlawful laws. They have chiefs who are appointed by the mayor, though sometimes elected to office, a number of support staffers bolsters the officials’ efforts, ranging from detectives to dispatchers to jailers, who guard citizens and implement laws passed at various levels of government. Their duties are restricted to the jurisdiction that they are assigned to as opposed to officers from both the federal and the state level. In a majority of the states, county voters elect state officers. Sheriffs, as well as, their deputies are charged with patrolling both an area’s state and federal routes. They also patrol unincorporated or protected municipalities. The states officers like the municipal police, usually end up enforcing local, state, as well as, federal laws on the front lines. Several states have highway police officers too, who are spotted along high ways implementing state traffic, criminal and civil laws. State drug police officers, executive units like attorneys general taxation, even state parks organizations employ law enforcement agents to participate in most specialized enforcement efforts. State prison officers are viewed as part of every state’s law enforcement strategy, different from the rest in that they are enforcing state laws within the boundaries of a state organization. The federal agency on its part employs several types of law enforcement agents, all with a common agenda of enforcing laws and policies created at the highest level of government. Such include agents as well as support staff for organizations like the FBI, Drug Enforcement Agency including Bureau of Alcohol, Firearms and explosives, though it also involves oversight by many others, including the Internal Revenue Service and the Bureau of Indian Affairs. Federal do not enforce both the state and local laws, though may be suitable to tip off the proper local as well as state agencies when suspect activity is discovered (Carter 101). Federal prosecutors usually organize the efforts of representatives from various organizations at once to create cases and prosecute federal offenses. In some instances, the federal laws may affect state laws in a manner not stipulated in the U.S constitution. This may occur in two ways. One is if federal courts interpret the Constitution in order to give authority to the federal government to pass laws, which relates to social welfare, the heath care or environment; fields that previously were under the care of state law, the federal law, will affect the state law. In some other cases, the U.S. Congress may allocate funds for programs in several states and command to the states how the funds are to be utilized. In this instance, the federal agency trump state laws. In addition, the state and federal laws usually overlap. For example, there exists federally authorized minimum wage, even though there are also minimum wage laws in various states. The state often requires a high minimum wage compared to the federal government, though it may not accept a lower minimum wage compared to that required by the federal government. The final judgment of federal law is determined by the U.S Supreme Court that may allow the federal government access into fields previously managed by state law, and may conclude that only states have the mandate to dictate that area of the law. Supreme Court is the final interpreter of the law in case the state and federal laws overlap. In conclusion, all the law enforcement agencies have the mandate to arrest without warrant for some offenses. All the law enforcers carry firearms with them on or off duty, and all of them receive similar training in the area of law enforcement. All the officers risk their lives while enforcing the laws. Nonetheless, federal agents do not have a direct mandate for public safety and maintenance of order like in the case of both the state and police officers (Hess 129). The officers at various levels of law enforcement work together and share information and testimony in a variety of cases. Local officers will legislate all levels of law, though the courthouse or adjudicating agency responsible for prosecuting the violated law, will determine punishment for alleged suspects. Several local laws, which are violated at the misdemeanor level, are dealt with at the local level. For example, various Texas municipalities comprise mayor's courts that deal with minor misdemeanor crimes and collect the fines. Municipal court adjudicators prosecuting unscrupulous behaviors and some felonies often handle extremely serious offenses. A state circuit courthouse is responsible for prosecuting serious offenses, with the help of state structures. Prosecutors found in each Federal court districts handle the federal offenses. Works Cited Carter, Gregg. Guns in American Society: A – L. New York, NY: ABC-CLIO, 2002 Hess, Karen and Orthmann, Christine. Introduction to Law Enforcement and Criminal Justice. USA, NJ: Cengage Learning, Read More