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Policing within the Law: A Case Study of the New York City Police Department
John Eterno  More Info

About the New York Police Department (NYPD):

The first law-enforcement officer began to patrol the trails and paths of New York City when it was known as New Amsterdam, and was a Dutch settlement and fort in the year 1625. This lawman was known as a "Schout – fiscal" (sheriff – attorney) and was charged with keeping the peace, settling minor disputes, and warning colonists if fires broke out at night. The first Schout was a man named Johann Lampo.

 

The Rattle Watch was a group of colonists during the Dutch era (1609 - 1664) who patrolled from sunset until dawn. They carried weapons, lanterns and wooden rattles (that are similar to the ratchet noisemakers used during New Year celebrations). The rattles made a very loud, distinctive sound and were used to warn farmers and colonists of threatening situations. Upon hearing this sound, the colonists would rally to defend themselves or form bucket-brigades to put out fires. The rattles were used because whistles had not yet been invented. The Rattle Watchmen also are believed to have carried lanterns that had green glass inserts. This was to help identify them while they were on patrol at night (as there were no streetlights at that time). When they returned to their Watch House from patrol, they hung their lantern on a hook by the front door to show that the Watchman was present in the Watch House. Today, green lights are still hung outside the entrances of Police Precincts as a symbol that the "Watch" is present and vigilant.

 

When the High Constable of New York City, Jacob Hays retired from service in 1844, permission was granted by the Governor of the state to the Mayor of the City to create a Police Department. A force of approximately 800 men under the first Chief of Police, George W. Matsell, began to patrol the City in July of 1845. They wore badges that had an eight-pointed star (representing the first 8 paid members of the old Watch during Dutch times). The badges had the seal of the City in their center and were made of stamped copper.

 

Source:

nycpolicemuseum.org

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John Eterno has been employed by the New York City Police Department for over 20 years. As Commanding Officer of the Mapping Support Unit, he makes policy recommendations and handles sensitive assignments for the Deputy Commissioner of Strategic Initiatives and the Assistant Commissioner of Programs and Policies. He is an Adjunct Assistant Professor of Sociology at Queens College in New York. He has written book chapters and journal articles on various topics within the field of policing. John Eterno is the author of Policing within the Law : A Case Study of the New York City Police Department.

 

According to the description of Policing within the Law : A Case Study of the New York City Police Department, “at a time when police abuses and errors make the headlines, it is important to understand just what goes into the decisions that police make when they are confronted with various crime scenarios in the line of duty. Required to respond within the law, many officers are able to respond in a legal manner to crime situations in which court decisions are written clearly and with easily applied guidelines. But what happens when those decisions and laws are written in a way that invites interpretation and varies from situation to situation? Based on a case study of New York City police officers, this important volume analyzes how officers contend with often-ambiguous laws in the face of specific crime scenarios. In addition, the author explores other influences on police decision making, including officer characteristics and attitudes, and makes policy recommendations in an effort to encourage the reinforcement of legal guidelines so that the rights of individuals are appropriately balanced with the duty to control crime.

 

Based on a survey of nearly 1,300 officers' responses to specially designed hypothetical crime scenarios, this study illustrates how police officers are likely to react with regard to the law in these situations. While officers tend to act legally where the laws are clear, less clearly articulated laws leave the police with a variety of different options for action in ambiguous situations. For instance, in weapons scenarios, the survey showed that officers would often take advantage of ambiguity in the law with regard to how they may respond. In drug scenarios, officers will increase their tendency to do a search if the situation is slightly ambiguous, though they will decrease their search responses when the situation appears to be highly ambiguous. John Eterno carefully examines the various responses and the laws that are meant to guide what police may or may not do in given situations, concluding that better laws and bright-line rules will help to check and balance the need to fight crime aggressively while preventing the abuse of authority that may arise in questionable circumstances.”

© 2006 - 2008 Raymond E. Foster, Leadership in Hi Tech Criminal Justice

 

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