John A. Rose, MPA
Chairman, Criminal Justice Department
Kaplan College
Southeast Indianapolis, Indiana
John A. Rose is currently chair of the Criminal
Justice Department with Kaplan College in
Southeast Indianapolis. He has a Bachelors
degree in Criminal justice and a Masters degree
in Public Administration with emphasis on
finance and policy; both from the University of
California at Los Angeles. His law enforcement
experience began in Los Angeles County with the
City of Pasadena in 1967. He has worked in
patrol, accident investigation, vice,
narcotics, crimes against persons and property,
domestic violence, and planning and research.
He is an active member of the American College
of Forensic Examiner's International (ACFEI). Having
worked with group homes for dependent children
and communities serving the elderly, Mr.
Rose's life work can be summed up as a passion
to teach and to protect, particularly the frail
elderly and dependent children.
“It occurs to me that the emblems on our
hats, and the badges on our chests,
correspond eerily with the kill zones on a
practice target such as those we see at the
firing range.”
The
Rule of Law
Because this article refers to the “Rule of Law”, we must
define it properly.
Scholars have spent centuries examining this
issue. The rule of
law is a concept older than the Western
civilization. In classical Greece Aristotle
wrote that "law should be the final
sovereign; and personal rule, whether it be
exercised by a single person or a body of
persons, should be sovereign in only those
matters which law is unable, owing to the
difficulty of framing general rules for all
contingencies." In sum, no one is above
the law; not even any branch of government, be
it federal, state, or local.
Am I from the “old school”?
I wonder if I am from what some would call, “the
old school”. I entered the field of law
enforcement in Los Angeles County on the heels
of the Watts Riots in Los Angeles and just
before the
Law Enforcement Assistance Administration [LEAA]
under the Federal Department of Justice was
born. I came aboard just as scientific scrutiny
was being brought to bear on many of the
guiding assumptions of police work. The LEAA
was abolished in 1982 because of a failure to
appropriate funds.
It is hard to think of myself as “old
school”. In my era, the LEAA's Law
Enforcement Education Program (LEEP) helped
thousands of officers pay for a college
education. LEEP was a new idea under the LEAA
which provided funds to develop criminal
justice programs in colleges and universities
across the nation.
Tools and Technology
I suppose we are all, at one time or another,
the new school. I was the new breed of
cop at a time when technological innovations,
such as computers and modern communications
devices, changed the ways in which police kept
records and communicated with one another.
I thought I was in the new school when
the “teletype” system of automated wants and
warrants and communications through pneumatic
tubes improved the way we could communicate
quickly.
It appears, today anyway, I am of the old
school since the FBI's National Crime
Information Center (NCIC) contains nearly 30
million records and connects over a half
million users in nearly 20,000 federal, state,
and local agencies.
I thought I was in the new school when I
discovered I could classify a fingerprint on
paper and compare it with old booking forms
manually sorted by that classification.
I am old school since today we can
compare fingerprints over massive databases in
just seconds and make comparisons within a
national or even worldwide jurisdiction.
I thought I was of the new school
because we could use the breathalyzer machine
and even had one in the police station. This
replaced a balloon that drivers suspected of
being under the influence would blow up. We
could even get blood drawn or urine samples at
a local hospital and refer the specimen to a
laboratory for analysis and comparative
identification.
I have become old school because DNA
typing now plays a central role in
identification of suspects. Being able to
quickly eliminate suspects saves police
agencies much time and money. Where there would
have to a suspect available for comparison in
the old school, today there only needs
to be a sample to make a positive comparison
provided there has been a prior sample taken
and stored. The FBI opened a national DNA
database in 1998 consisting of databases from
states but unified by common testing procedures
as well as software designed by the FBI. So in
this new school, it is now possible to
compare a DNA sample from a suspect or crime
scene in one state with all others in the
system
Even the way crimes are reported has taken a
dramatic change. Clearly I am of a former
school. Even as I write this; a groundbreaking
crime-fighting tool is about to be released: A
Smartphone application (“app”) called
M-Urgency. Using GPS, police will also
be able to see exactly where the phone is that
is sending a distress signal. By pushing one
button, a local 911 center would receive audio
and video from a cell phone. This app has been
developed by researchers at the University of
Maryland and is considered "the first of its
kind in the world." In sum, the app is a
virtual police guardian because the video and
audible signals are transferred to responding
officers through computers in police cars.
I thought I was the new school because I
had a .38 caliber handgun, a shot gun, a pair
of handcuffs, a straight baton, and CN (tear
gas; whose
use fell by the wayside because pepper spray
works faster and disperses more quickly).
I guess I was old school. A called my son, a
Deputy Sheriff in Los Angeles County, and asked
him to describe to me what tools and equipment
are at the immediate disposal of a Deputy
Sheriff.
At his disposal are a 9mm Beretta, Model 92F, a
semi-automatic handgun and at least 2 extra
clips of 15 rounds, at least 2 sets of
handcuffs, a handheld radio, Pepper Spray, a
Taser Gun, and a baton; all on his gun belt.
He has a choice of baton styles but must have
a PR-24 side-handled baton) available for use.
His flashlight can shine from here to the moon.
My son advises that “some old guys” still carry
the old, straight, wooden baton in their trunks
too. Even his gloves are more sophisticated,
having soft Kevlar on the palm and
hard-molded covering over the knuckles to
protect him from scrapes and bruising when
climbing trees, going over fences, and biting
dogs.
He also has the trusty shotgun but he has a
stun-bag for less-than-lethal projectiles (like
hard bean-bags) and a "pepper-ball gun" which
fires projectiles like paint-balls but with
pepper, water, or a fluorescent marking dye.
He also has available "spike-strips" which
slide out into the road ahead of vehicles being
pursued. Some deputies, generally sergeants,
are authorized to carry AR-15 rifles in their
vehicles and may deploy when needed.
My son also carries what is called a "ready
bag"; basically a duffel bag or suitcase-like
carrier for forms, papers, extra ammunition,
more handcuffs, special occasion jackets,
gloves, inclement weather gear, hats, changes
of clothing, and a host of other potential
necessities. Finally he must wear a department
issues ballistic vest. What kind of father –
or author - would I be if I did not tell you
that, as he says, “No more John Wayne, like
you dad”.
Just one example of today’s tools is a heat
detector that can be pointed at a neighborhood
from a helicopter to detect higher temperatures
in houses where artificial lights are used to
grow marijuana. Another example is the
intelligent transportation system with traffic
management technologies, including
crash-avoidance systems, automated toll
collection, and satellite-based position
location.
Perhaps I could say, “These innovations give us
pause to consider civil rights given that they
can be used to track the movement of anyone
using private or public transportation as well
as those who carry cellular phones. Take, for
instance, former Colombian drug kingpin Pablo
Escobar who was killed in 1993. While wanted in
connection with drug trafficking crimes and
prior to his death he was located through radio
triangulation technology and his cellular
phone.
In another example, the Ionscan 400B is a machine that
analyzes microscopic particles picked up by
wiping a sterile cloth across a surface. Police
in Utah have been using the Ionscan to wipe
exterior doorknobs, and then, if illicit drugs
show up, use the evidence found to obtain a
search warrant. In three federal court
rulings, Utah judges as well as judges in the
Virgin Islands have split on the legality of
doorknob tests. Whether or not this violates
the Fourth Amendment's prohibition against
unreasonable searches and seizures seems to be
headed for the US appeals courts and probably
the Supreme Court.
Law Enforcement Styles
I thought I was of a new school that sought to employ
zero-based budgeting as a daring new management
practice, gave difficult written civil service
examinations, and required significant physical
agility and prowess of its successful
applicants. There was a height and weight
requirement and some of us had to strive to
meet these qualifications.
I am the old school since today we dare to explore some
fantastical ideas. For instance, and sadly in
my opinion, the Chicago Police Department
seriously considered scrapping the police
entrance exam to bolster hiring, save millions
of dollars on test development, and avoid
costly legal issues that seemed to follow the
examination process. This begs the question
about what to do with the candidate that cannot
pass a reading comprehension test.
In another example, the Dallas Police
Department recently made changes to its hiring
rules to relax standards related to drug use.
Whereas, some limited past marijuana use was
allowed, the new policy would allow the
department to hire applicants who have used
cocaine and heroin on an experimental basis in
the distant past.
There is an age-old question if art imitates
life or whether life imitates art. Likewise,
should employment practices seek the very best
of us or should it seek those who embrace the
changing values of society?
I thought I was of the new school since
we were asked to move away from the old
“watchman” style of law enforcement and embrace
“community policing”. The Watchman style can be
viewed as the old Irish cop, walking his foot
beat, who knew all his people, was welcome to
the apple on the vendor’s cart, whose rules
(like a Sheppard) were law and not to be
broken.
In my era, law enforcement began a new phase in
its evolution. In addition to protecting people
from themselves and others, we struggled
through new issues like Vietnam and civil
rights issues and their resulting protests.
I am old school in the sense that local
police today must serve and protect against
potential terrorist threats with international
roots.
The Political Mood
I was there in the 1970’s and 1980‘s when the
political mood of the country seemed to turn
conservative and crime control dominated the
agenda of public safety. I watched as this
agenda permitted experimenting with programs
designed to control crime. The new
science of law enforcement emerged with
statistical evaluations of programs such as
school resource officers, extra police patrols
in hot spots, repeat offender units that
monitor repeat offenders on the streets,
regional collaborative efforts such as Los
Angeles County’s Northeast Regional Burglary
Investigation Team (NERBIT), formation of
domestic violence teams, and the rethinking of
unsuccessful programs which failed to reduce
violent crime or disorder for more than a few
days.
A Disciplined Group?
I thought I was the product of a new school of
disciplined cops. We were, for the most part,
disciplined during our on-duty shifts.
Admittedly, we were a bit unruly amongst
ourselves when off-duty. We confined our choir
practices and private parties to the top of
parking structures on early weekend mornings,
wooded areas, and our own homes. I was not the
worst-of-the-worse; but, as my old partners
would testify - I think - I did enjoy my family
in blue as we unwound at these gatherings.
In fairness, and since time immemorial, law enforcement personnel
sometimes make poor use of their working tools.
I thought I was part of the new school
of police. We could emulate television
by-the-book personalities of actors on programs
like Dragnet, Adam 12, and the original Hawaii
5-0.
Whom can our new and yet-to-be cops emulate
when they watch pseudo-accurate programming
such as CSI, NCIS, 24, and Hawaii 5-0 just to
name a few? These programs are well researched
in terms of technology but abound with civil
rights violations and instant gratifications.
Empirically, it
seems
there are fewer and fewer role models for the
new breed to emulate. Perhaps the problems of
less-than-best practices of law enforcement
personnel are no larger than when I was
considered of the new school. Perhaps
the issue is just more widely communicated. More
than ever before, the
media is able to gather and disseminate
information speedily and broadly. Police
violations of the Rule of Law in a local area
can now attract nationwide attention.
For instance, who was a Gallatin County Sheriff in Mississippi
emulating when, in January of 2010, he
solicited a murder for hire along with his wife
and 20-year-old son. In the same month and
year, who was a Dallas Texas police officer
emulating when he sent nude photos of himself
to a high school student during school hours?
Who was a
Minneapolis police SWAT team member emulating
when he orchestrated the takeover-style robbery
of a suburban bank? Who were a
Tooele, Utah
police lieutenant and his detective wife
emulating in November of 2009 when driving while drunk and sexually harassing
another couple?
“Only the tools have changed”
My idea of the old school was the era of
the slightly overweight white haired Irish cop
who thought nothing of taking an apple from the
cart of the vendor assigned to his foot beat
(an ethical question for CJ 101 students). In
fact, the vendor would be unhappy if the cop
did not take the apple. This was a time when
one could be content being just a good cop.
One was not demeaned or considered less than
he or she was if there was no aspiration to be
promoted or pursue college degrees.
Pride hasn’t changed. I remember as a police
cadet driving my old Studebaker to work and
trying to get my shoulder patch placed just
above the window of my car so other drivers
might see my police emblem but not the cadet
patch. This was a time when we were proud to be
among America’s finest.
This was a time when uniform police officers
were required, when out of the car, to wear
their hat (or a helmet if circumstances
dictated). We were expected to be and act
professional and honor the badge we wore over
our hearts.
It occurs to me that the emblems on our hats
and the badges on our chests correspond eerily
with the kill zones on a practice target such
as those we see at the firing range.
This bizarre analogy serves as an unchanging
reminder – an axiom – that the emblems of
authority can weigh one down so mightily that
he or she becomes an easy target. The weight
of these same emblems can force us to thrust
our heads back, puff out our chests, and expose
us to the greatest of harm.
Art should imitate life and not vice versa. We
don’t need to imitate the pseudo-accurate
television actors and their frequent cocky
puffed up attitudes, civil rights violations,
and instant gratifications.
There is another aspect of law enforcement that
should never change. Although law enforcement’s
tools have changed, what has not is the fact
that law enforcement agencies in this country
are, or should be, defined by the communities
they serve.
Conclusion and the Next School
There really is no new school. There is
just the
next school
and this next school must adopt, use, and
respect new technologies. It must include
properly trained and appropriately compensated
professional law enforcement personnel. The
emphasis on training must not only be on
strength and intelligence. It must address
wisdom and the rule of law.
The next school and its management should honor
every one of its members equally. This school
must go (to borrow a phrase) back to the
future where its personnel are defined
by their communities.
The next school must learn to strike a balance
between being so humble or so cocky that we
endanger ourselves, threaten our lives, and
endanger the public.
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