Special Problems and Challenges and the Future of Policing in America - Coursework Example

Special Problems and Challenges and the Future of Policing in America Special Problems and Challenges and the Future of Policing in America Introduction Modern methods of data collection and analysis have revolutionized law enforcement America and in the end made tracking criminal activities easier. Federal, state and local agencies have put tremendous effort in specializing their methods of crime investigations. Through these modernization methods of gathering information, law enforcement agencies are now able to meet the numerous challenges terrorism presently poses. This paper will discuss areas of justice that shape and influence the operation and management of the law enforcement. It will also explore the different legislation that has shaped the state of our security against external and internal threats. Functions of the agencies of the Department of Justice The Unites States Department of Justice (n.d) outlines the law enforcement agencies that make up the Department of Justice (DOJ). These include the Federal Bureau of Investigations (FBI), the US Marshal Service, the Bureau of Alcohol, Tobacco and Firearms (ATF), and the Drug Enforcement Administration (DEA). The FBI handles intelligence gathering and law enforcement. Among its many responsibilities are defending and protecting the United States’ against terrorism and foreign threats and ensuring that federal law is upheld within the country. They Bureau also provides criminal justice services and leadership to federal, state, municipal, international agencies and partners. The US Marshals Service’s primary purpose is enforcing federal law in each of the 94 federal districts. They also conduct fugitive investigations, operate the Witness Protection Program and seize property that criminals had acquired unlawfully. They are also in charge of transporting federal prisoners and protecting members of the judiciary such as judges, attorneys and jurors. The Bureau of Alcohol, Tobacco and Firearms has numerous responsibilities not only in enforcing the federal law but also in collecting taxes. Among its key responsibilities in law enforcement, includes preventing crime involving the illegal use, manufacture and possession of firearms, explosives and arson-related products. It also monitors and prevents the unlawful manufacture of alcohol and tobacco products all while collecting taxes from manufacturers and distributors of these products. The DEA is the principal law enforcement agency responsible for combating use and distribution of illegal drugs and controlled substances. In essence, it enforces the anti-drug federal laws such as the Controlled Substance Act. The DEA also works with other law enforcement agencies such as the Organized Crime and Drug Enforcement Task Force to collect, analyze and disseminate drug intelligence information. Among these agencies, the FBI has the greatest responsibility for enforcing federal law. This is because it has fifty-six field offices and 400 resident agencies that support field operations all over the country. It also works with state police departments to enforce federal law. This illustrates its ability to operate on a national basis. It is also tasked with gathering intelligence on would be terrorists on the international front. Besides all these, the FBI works with all the other agencies and its operational jurisdiction is unlimited unlike the DEA and the US Marshals service. The FBI can also conduct investigations in Organized Crime as well as fugitive investigations. Functions of the UCR and the NCIC The Uniform Crime Reports are crime statistics that provide cumulative data on the situation of national crime as a whole. According to The Federal Bureau of Investigation (2012), they are the only source of national crime data. The purpose of the UCR is to provide information on the total volume of crime nationally, highlight the areas of major crimes and identify the changes in these statistics from year to year. The FBI uses the UCR data to develop a crime index, which is complete and uniform. The National Crime Information Centre is a centralized database that enables law enforcers to track criminal-related information. The Federal Bureau of Investigation indicates that the NCIC database helps criminal justice officials to monitor and apprehend fugitives, recover stolen property, locate missing persons as well as identify terrorists. Since every criminal justice agency has access to it, it becomes easy to conduct investigations as well as bring criminals to justice. For instance, the Wanted Person list found in the NCIC helps the law enforcement agencies protect the public by issuing amber alerts. Unlike the NCIC information, which the law enforcement agencies use in conducting criminal investigations, the UCR data in comparison does not aid in such investigations. Instead, it helps the law enforcement officials to formulate budgets, allocate resources and draft legislation to help combat crime. The information is useful but not primarily in solving crime-related issues. The UCR are a uniform national statistical data and for that, there are incomplete analyses of individual jurisdiction. The ranking provided in the reports often led to the misperception of certain geographical areas. Since the FBI is in charge of administering the program, it is the only national crime statistical database. Crime data researchers have no similar data to make comparisons of the information provided in the UCR reports. The Roles of the Police Executives Depending on their operational jurisdiction and department size, we can refer to a police executive as a chief, commissioner or manager. According to Heibutzki (2011), like the CEO on the Mintzberg model of managerial roles, we can divide police executives’ roles into interpersonal, informational and decisional roles. In their interpersonal functioning capacity, the chief executive is responsible for communicating organizational goals to his or her employees, supplying resources for the realization of the organization’s goals, evaluating employee performance and motivating them to a higher level of performance. Similarly, the police executives ensure that the department has enough money to realize its missions through working with government financial officials to advocate for ample funding. The police executive also communicates the department’s policies and procedures and oversees their implementation. By monitoring the performance of each unit, the police executive can assess which unit is excelling and decide how to reward them as well as how to motivate the underperformers. According to the Mintzberg’s model, the CEO should conduct research on how to improve the organization’s performance and operations. After generation of this information, it is also their duty to disseminate the information to his or her employees. In this capacity, police executives will go over crime statistics as well as collect crime information from citizens to identify the areas that need adjustments. Finally, they will formulate policies with the help of other senior executives to address such weaknesses and communicate the changes to their employees as well as the public. In the decisional role, Henry Mintzberg illustrates that the CEO is responsible for process improvement. As such, he or she looks for ways to improve productivity and efficiency. Similarly, police executives address problems such as police officer misconduct and decide on the course of action they should take in such a case. They can do this either by suspending the officer pending investigations or referring the matter to higher authority. In light of all these roles, it is clear that the CEO does not have a leading role because all their collective responsibilities are essential for the smooth running of the organization. Legislation against terrorism President George W. Bush signed into law the USA PATRIOT Act of 2001, following the September 11 and anthrax attacks in 2001. The act has since undergone some revisions because its opponents were against the FBI’s mandate to search personal emails, phone conversations and financial records without a court order. The act also increased funding for the FBI’s Terrorism Screening Centre and was intended to detect, prevent and prosecute money-laundering activities that have ties to funding terrorist groups. The law has also set aside funds to increase the number of Border Patrol personnel, Immigration and Naturalization Service officials and US Custom Service inspectors. This law encompasses many issues that arose after the September 11 attack of 2001 such as the lack of adequate surveillance and a wanting state of airport security. In May of 2002, President Bush also passed into law the Enhanced Border Security and Visa Entry Reform Act. The law focuses on enhancing border security and increasing funding to that end. The bill provides for an increase in Border Patrol agents as well as airport officials. The law also increased funding for technological equipment at the border as well as for detecting fraudulent identification. In this regard, the law requires that travel documents contain biometric identifiers, which identify individuals who enter the country. The greater interagency cooperation provided for in the law ensures that the number of undocumented individuals in the US is reduced to the extent that they can keep track of their activities while in the country. Hate Crime Peak (2009) states that a hate crime is a simple term in any criminal act that recognizes a bias as motivation for its commitment. Bias could be race, religion, ethnicity, sexual orientation, disability or gender orientation. The crime usually results in a higher sentence than is typically given for a similar crime. In the legal definition of an offense, a substantive offense depicting bias needs to be provided as the motive in order to categorize the crime as a hate crime. This proof of motive is what makes hate crimes different from other crimes. Usually when sentencing a criminal guilty of a hate crime, the court has broad discretion in increasing the sentence. However, the court has to state the bias motive as proof of the hate crime and state it as an aggravating factor for increasing the sentence. Hate crimes have higher visibility due to increased reporting by victims, more thorough investigations and stricter prosecution. Despite all these, some issues arise when proving hate crimes. If the prosecution fails to prove the bias motive in court, the court may not reach a conviction for the base offense. Data collection of hate crimes is also marred with obstacles such as aggravated victims failing to report the crime due to fear of the perpetrators or the authorities. The statistics that exist depicting the number of hate crimes understate the actual number of hate crime victims. Another obstacle in punishing hate crimes is the constitution freedom of speech, expression and thought. In conclusion, the unlimited jurisdiction of FBI activities makes it most impotent agency in federal law enforcement especially when it comes to tracking terrorist activities. Modern methods of data collection have made it easier for law enforcement agencies to keep track of terrorism in America. Police executives are integral to ensuring daily law enforcement activities run smoothly. UCR reports aid the FBI in developing a crime index. However, there is a need for another national crime database to compare information in the UCR’s. Legislation fashioned to combat terrorism has improved airport security as well as helped monitor internal threats. Unlike other crimes, proof of bias motivation is required in order for the offense to stand in court without which the court may fail to reach a conviction of the base offense. References Heibutzki, R. (2011). Police Executive Roles & Leadership Responsibilities. Houston Chronicle. Retrieved June 11, 2015 Peak, K. (2009). Policing America: Challenges and best practices (6th ed.). Upper Saddle River, N.J.: Pearson/Prentice Hall. The Federal Bureau of Investigation. (n.d.). National Crime Information Centre. Retrieved June 11, 2015, from http://www.fbi.gov/about-us/cjis/ncic The Federal Bureau of Investigation. (2012). About Crime in the US. Crime in the United States 2012. United States Department of Justice. (n.d.). Organization, Mission and Functions Manual: Criminal Division. Read More