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

From the History of the New York Police Department 

One of the earliest statutes of the General Assembly in 1683 was for the relief of the poor. In 1699 a law was passed for the relief of the poor at their homes; and about 1714 the first alms house was built, on the present site of the City Hall. In 1793 a lottery of £10,000 was granted for a new alms house, and the large brick building on the Park near Chambers Street was erected. This building was destroyed by fire in 1854. In 1811, a tract on the East river, at the foot of Twenty-sixth Street, was bought; and the first stone was laid August 1, 1811. The main building at Bellevue Hospital was opened April 22, 1816, as a hospital, penitentiary, and alms house, at a cost of $421,109.

The buildings occupied by the alms house stood at Bellevue, on the banks of the East River. The principal building fronted the river. It was a plain stone structure, three stories high, with slated roof. The first stone of the alms house was laid August 1, 1811, and it was opened in the beginning of the year 1816. The inappropriateness of the location of the alms house at Chambers Street soon became manifest, and in 1810 the site at Bellevue, containing between six and seven acres, was purchased and buildings commenced, which was finished and occupied in 1812. The city authorities then agreed to devote the old buildings toward encouraging several enterprises of a public character then recently started, and accordingly appropriated its rooms for their occupancy, and adopted for it the name of New York Institution.

A committee of the Common Council which was appointed to consider the subject, reported on February 12, 1816, that "an entire new modification" of the Justices' Courts was desirable. This committee recommended that the city be divided into five districts, of which the Ninth Ward was specified as one. Four Justices were to be appointed by the Council of appointment--a body many of the functions of which are nor vested in the Governor of the State--for the first four districts; the Corporation was to appoint two for the Fifth District or Ninth Ward. All these Justices were to hold court at such times and places as the Corporation might direct, and they were to make a return of all their fees, paying the amount of them monthly to the Chamberlain. Fuel, candles and stationery were to be supplied by the city.

Source:

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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 - 2009 Raymond E. Foster, Leadership in Hi Tech Criminal Justice

 

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