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Welcome to Our Generation USA!
Law and Order in the United States
covers the legal system and law enforcement in general, including the Justice System (whether criminal or civil), at the federal, state, county and city level, and including international law enforcement as it impacts the United States
See Also:
Cybersecurity
Law including its Enforcement in the United States (at both the Federal and State/Local Level)
YouTube Video: Risk Takers in the Coast Guard
(United States Coast Guard: Whether patrolling or flying search and rescue missions, the United States coast guard is always ready to put to serve and protect. The coast guardsmen stationed in Florida battle dangerous conditions every day to enforce the law, and save lives.)
YouTube Video: A History of the United States Supreme Court. This video covers the history of the Supreme Court from the its earliest ruling until the end of the 20th century. The court has changed over time and this video tells that story.
Pictured: LEFT: Logo of the Federal Bureau of Investigation (FBI); RIGHT: the Scale of Justice
Law is a system of rules that are enforced through social institutions to govern behavior.
Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common law jurisdictions.
Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process.
The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
A general distinction can be made between (a) civil law jurisdictions, in which the legislature or other central body codifies and consolidates their laws, and (b) common law systems, where judicial-made precedent is accepted as binding law.
The adjudication of the law is generally divided into two main areas referred to as (i) Criminal law and (ii) Civil law. Criminal law deals with conduct that is considered harmful to social order and in which the guilty party may be imprisoned or fined. Civil law (not to be confused with civil law jurisdictions above) deals with the resolution of lawsuits (disputes) between individuals or organizations.
Law provides a rich source of scholarly inquiry into legal history, philosophy, economic analysis and sociology. Law also raises important and complex issues concerning equality, fairness, and justice.
Law enforcement in the United States is one of three major components of criminal justice system of the United States, along with courts and corrections. Although each component operates semi-independently, the three collectively form a chain leading from investigation of suspected criminal activity to administration of criminal punishment.
Also, courts are vested with the power to make legal determinations regarding the conduct of the other two components.Law enforcement operates primarily through governmental police agencies. The law-enforcement purposes of these agencies are the investigation of suspected criminal activity, referral of the results of investigations to the courts, and the temporary detention of suspected criminals pending judicial action.
Law enforcement agencies, to varying degrees at different levels of government and in different agencies, are also commonly charged with the responsibilities of deterring criminal activity and preventing the successful commission of crimes in progress.
Other law enforcement duties may include the service and enforcement of warrants, writs, and other orders of the courts.
Law enforcement agencies are also involved in providing first response to emergencies and other threats to public safety; the protection of certain public facilities and infrastructure; the maintenance of public order; the protection of public officials; and the operation of some correctional facilities (usually at the local level).
Federal Law Enforcement in the United States:
The federal government of the United States empowers a wide range of law enforcement agencies to maintain law and public order related to matters affecting the country as a whole.
Click on any of the following links for amplification on Federal Law Enforcement
State and Local Law Enforcement Agencies:
Click Here for an Alphabetical listing of state and local law enforcement agencies in the United States
Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common law jurisdictions.
Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process.
The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
A general distinction can be made between (a) civil law jurisdictions, in which the legislature or other central body codifies and consolidates their laws, and (b) common law systems, where judicial-made precedent is accepted as binding law.
The adjudication of the law is generally divided into two main areas referred to as (i) Criminal law and (ii) Civil law. Criminal law deals with conduct that is considered harmful to social order and in which the guilty party may be imprisoned or fined. Civil law (not to be confused with civil law jurisdictions above) deals with the resolution of lawsuits (disputes) between individuals or organizations.
Law provides a rich source of scholarly inquiry into legal history, philosophy, economic analysis and sociology. Law also raises important and complex issues concerning equality, fairness, and justice.
Law enforcement in the United States is one of three major components of criminal justice system of the United States, along with courts and corrections. Although each component operates semi-independently, the three collectively form a chain leading from investigation of suspected criminal activity to administration of criminal punishment.
Also, courts are vested with the power to make legal determinations regarding the conduct of the other two components.Law enforcement operates primarily through governmental police agencies. The law-enforcement purposes of these agencies are the investigation of suspected criminal activity, referral of the results of investigations to the courts, and the temporary detention of suspected criminals pending judicial action.
Law enforcement agencies, to varying degrees at different levels of government and in different agencies, are also commonly charged with the responsibilities of deterring criminal activity and preventing the successful commission of crimes in progress.
Other law enforcement duties may include the service and enforcement of warrants, writs, and other orders of the courts.
Law enforcement agencies are also involved in providing first response to emergencies and other threats to public safety; the protection of certain public facilities and infrastructure; the maintenance of public order; the protection of public officials; and the operation of some correctional facilities (usually at the local level).
Federal Law Enforcement in the United States:
The federal government of the United States empowers a wide range of law enforcement agencies to maintain law and public order related to matters affecting the country as a whole.
Click on any of the following links for amplification on Federal Law Enforcement
State and Local Law Enforcement Agencies:
Click Here for an Alphabetical listing of state and local law enforcement agencies in the United States
United States Department of Justice , including the Attorney General who heads up the Department of Justice
Pictured: Department of Justice: LEFT: Seal; RIGHT: Robert F. Kennedy Department of Justice Building
- YouTube Video of the Department of Justice*
- YouTube Video: An Inside Look at the Department of Justice
- YouTube Video: DOJ & Administration Officials Announced New Charges and Progress in Paycheck Protection Program
Pictured: Department of Justice: LEFT: Seal; RIGHT: Robert F. Kennedy Department of Justice Building
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the U.S. government, responsible for the enforcement of the law and administration of justice in the United States, equivalent to the justice or interior ministries of other countries.
The Department is headed by the United States Attorney General (see below) who is nominated by the President and confirmed by the Senate and is a member of the Cabinet.
Click on any of the following blue hyperlinks for further amplification: ___________________________________________________________________________
United States Attorney General
The United States attorney general (AG) leads the United States Department of Justice (above) and is the chief lawyer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters. The attorney general is a statutory member of the Cabinet of the United States.
Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate.
The attorney general is supported by the Office of the Attorney General, which includes executive staff and several deputies.
Merrick Garland has been the United States attorney general since March 11, 2021.
Click on any of the following blue hyperlinks for more about the United States Attorney General:
The Department is headed by the United States Attorney General (see below) who is nominated by the President and confirmed by the Senate and is a member of the Cabinet.
Click on any of the following blue hyperlinks for further amplification: ___________________________________________________________________________
United States Attorney General
The United States attorney general (AG) leads the United States Department of Justice (above) and is the chief lawyer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters. The attorney general is a statutory member of the Cabinet of the United States.
Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate.
The attorney general is supported by the Office of the Attorney General, which includes executive staff and several deputies.
Merrick Garland has been the United States attorney general since March 11, 2021.
Click on any of the following blue hyperlinks for more about the United States Attorney General:
- History
- Presidential transition
- List of attorneys general
- Living former U.S. attorneys general
- Line of succession
- See also:
- Official website
- List of living former members of the United States Cabinet
- Executive Order 13787 for "Providing an Order of Succession Within the Department of Justice"
Forensic Science, including Ten Modern Forensic Science Technologies
YouTube Video about Forensic Science
YouTube Video Laser Ablation Inductively Coupled Plasma Mass Spectrometry (LA-ICP-MS)
Pictured: Retinal (Eye) Scanning Illustrated
Forensic science is the application of science to criminal and civil laws. Forensic scientists collect, preserve, and analyze scientific evidence during the course of an investigation.
While some forensic scientists travel to the scene to collect the evidence themselves, others occupy a laboratory role, performing analysis on objects brought to them by other individuals.
In addition to their laboratory role, forensic scientists testify as expert witnesses in both criminal and civil cases and can work for either the prosecution or the defense. While any field could technically be forensic, certain sections have developed over time to encompass the majority of forensically related cases.
For amplification, click on any of the following hyperlinks:
___________________________________________________________________________
10 Modern Forensic Science Technologies:
As technology infiltrates every aspect of our lives, it is no wonder that solving crimes has become almost futuristic in its advances. From retinal scanning to trace evidence chemistry, actual forensic technologies are so advanced at helping to solve crimes that they seem like something from a science fiction thriller.
With all this forensic technology, its no wonder that this field is one of the fastest growing in the U.S. Shows like CSI and NCIS have made most of the forensic science techniques used today common knowledge. You might think that virtually the whole gamut of forensic technology is old hat to today’s savvy viewer. In fact, there are a number of incredibly cool forensic technologies that you probably never knew existed.
10 COOL TECHNOLOGIES USED IN FORENSIC SCIENCE
METHODOLOGY FOR THE FEATURED FORENSIC SCIENCE TECHNOLOGIES
When deciding which technologies to include on this list, a number of factors were taken into consideration.
Sources:
Writer: Willow Dawn Becker: Willow is a blogger, parent, former educator and regular contributor to www.forensicscolleges.com. When she's not writing about forensic science, you'll find her blogging about education online, or enjoying the beauty of Oregon.
While some forensic scientists travel to the scene to collect the evidence themselves, others occupy a laboratory role, performing analysis on objects brought to them by other individuals.
In addition to their laboratory role, forensic scientists testify as expert witnesses in both criminal and civil cases and can work for either the prosecution or the defense. While any field could technically be forensic, certain sections have developed over time to encompass the majority of forensically related cases.
For amplification, click on any of the following hyperlinks:
- History
- Subdivisions
- Questionable techniques
- Litigation science
- International demographics
- Examples in popular culture
- Controversies
- Forensic science and humanitarian work
- See also:
- American Academy of Forensic Sciences
- Association of Firearm and Tool Mark Examiners
- Ballistic fingerprinting
- Bloodstain pattern analysis
- Computer forensics
- Crime
- Computational forensics
- Diplomatics (Forensic paleography)
- Fingerprint
- Footprints
- Forensic accounting
- Forensic animation
- Forensic anthropology
- Forensic biology
- Forensic chemistry
- Forensic economics
- Forensic engineering
- Forensic entomology
- Forensic facial reconstruction
- Forensic identification
- Forensic linguistics
- Forensic materials engineering
- Forensic photography
- Forensic polymer engineering
- Forensic profiling
- Forensic psychiatry
- Forensic psychology
- Forensic seismology
- Forensic social work
- Forensic video analysis
- Glove prints
- Marine forensics
- Offender profiling
- Questioned document examination
- Retrospective diagnosis
- RSID
- Scenes of Crime Officer
- Skid mark
- Trace evidence
- Profiling (information science)
- Wildlife Forensic Science
___________________________________________________________________________
10 Modern Forensic Science Technologies:
As technology infiltrates every aspect of our lives, it is no wonder that solving crimes has become almost futuristic in its advances. From retinal scanning to trace evidence chemistry, actual forensic technologies are so advanced at helping to solve crimes that they seem like something from a science fiction thriller.
With all this forensic technology, its no wonder that this field is one of the fastest growing in the U.S. Shows like CSI and NCIS have made most of the forensic science techniques used today common knowledge. You might think that virtually the whole gamut of forensic technology is old hat to today’s savvy viewer. In fact, there are a number of incredibly cool forensic technologies that you probably never knew existed.
10 COOL TECHNOLOGIES USED IN FORENSIC SCIENCE
- Laser Ablation Inductively Coupled Plasma Mass Spectrometry (LA-ICP-MS) : When broken glass is involved in a crime, putting together even tiny pieces can be key to finding important clues like the direction of bullets, the force of impact or the type of weapon used in a crime. Through its highly sensitive isotopic recognition ability, the LA-ICP-MS machine breaks glass samples of almost any size down to their atomic structure. Then, forensic scientists are able to match even the smallest shard of glass found on clothing to a glass sample from a crime scene. In order to work with this type of equipment in conjunction with forensic investigation, a Bachelor’s Degree in Forensic Science is usually necessary.
- Alternative Light Photography : For a forensic nurse, being able to quickly ascertain how much physical damage a patient has suffered can be the difference between life and death. Although they have many tools at their disposal to help make these calls quickly and accurately, Alternative Light Photography is one of the coolest tools to help see damage even before it is visible on the skin. A camera such as the Omnichrome uses blue light and orange filters to clearly show bruising below the skin’s surface. In order to use this equipment, you would need a MSN in Forensic Nursing.
- High-Speed Ballistics Photography : You might not think of it right away as a tool for forensic scientists, but ballistics specialists often use high-speed cameras in order to understand how bullet holes, gunshot wounds and glass shatters are created. Virtually anyone, from a crime scene investigator to a firearms examiner, can operate a high-speed camera without any additional education or training. Being able to identify and match bullet trajectories, impact marks and exit wounds must be done by someone with at least a Bachelor’s of Science in Forensic Science.
- Video Spectral Comparator 2000 : For crime scene investigators and forensic scientists, this is one of the most valuable forensic technologies available anywhere. With this machine, scientists and investigators can look at a piece of paper and see obscured or hidden writing, determine quality of paper and origin and “lift” indented writing. It is sometimes possible to complete these analyses even after a piece of paper has been so damaged by water or fire that it looks unintelligible to the naked eye. In order to run this equipment, at least a Bachelors degree in Forensic Science or a Master’s Degree in Document Analysis is usually required.
- Digital Surveillance For Xbox (XFT Device) : Most people don’t consider a gaming system a potential place for hiding illicit data, which is why criminals have come to use them so much. In one of the most ground-breaking forensic technologies for digital forensic specialists, the XFT is being developed to allow authorities visual access to hidden files on the Xbox hard drive. The XFT is also set up to record access sessions to be replayed in real time during court hearings. In order to be able to access and interpret this device, a Bachelor’s Degree in Computer Forensics is necessary.
- 3D Forensic Facial Reconstruction : Although this forensic technology is not considered the most reliable, it is definitely one of the most interesting available to forensic pathologists, forensic anthropologists and forensic scientists. In this technique, 3D facial reconstruction software takes a real-life human remains and extrapolates a possible physical appearance. In order to run this type of program, you should have a Bachelor’s Degree in Forensic Science, a Master’s Degree in Forensic Anthropology or a Medical Degree with an emphasis on Forensic Examination and Pathology.
- DNA Sequencer : Most people are familiar with the importance of DNA testing in the forensic science lab. Still, most people don’t know exactly what DNA sequencers are and how they may be used. Most forensic scientists and crime lab technicians use what’s called DNA profiling to identify criminals and victims using trace evidence like hair or skin samples. In cases where those samples are highly degraded, however, they often turn to the more powerful DNA sequencer, which allows them to analyze old bones or teeth to determine the specific ordering of a person’s DNA nucleobases, and generate a “read” or a unique DNA pattern that can help identify that person as a possible suspect or criminal.
- Forensic Carbon-14 Dating : Carbon dating has long been used to identify the age of unknown remains for anthropological and archaeological findings. Since the amount of radiocarbon (which is calculated in a Carbon-14 dating) has increased and decreased to distinct levels over the past 50 years, it is now possible to use this technique to identify forensic remains using this same tool. The only people in the forensic science field that have ready access to Carbon-14 Dating equipment are forensic scientists, usually with a Master’s Degree in Forensic Anthropology or Forensic Archaeology.
- Magnetic Fingerprinting and Automated Fingerprint Identification (AFIS) : With these forensic technologies, crime scene investigators, forensic scientists and police officers can quickly and easily compare a fingerprint at a crime scene with an extensive virtual database. In addition, the incorporation of magnetic fingerprinting dust and no-touch wanding allows investigators to get a perfect impression of fingerprints at a crime scene without contamination. While using AFIS requires only an Associates Degree in Law Enforcement, magnetic fingerprinting usually requires a Bachelor’s Degree in Forensic Science or Crime Scene Investigation.
- Link Analysis Software for Forensic Accountants : When a forensic accountant is trying to track illicit funds through a sea of paperwork, link analysis software is an invaluable tool to help highlight strange financial activity. This software combines observations of unusual digital financial transactions, customer profiling and statistics to generate probabilities of illegal behavior. In order to accurately understand and interpret findings with this forensic technology, a Master’s Degree in Forensic Accounting is necessary.
METHODOLOGY FOR THE FEATURED FORENSIC SCIENCE TECHNOLOGIES
When deciding which technologies to include on this list, a number of factors were taken into consideration.
- Relevance to the Topic of Forensic Technology: The said technology must be actively used in the field of Forensic Science and can be taught at the college level. Widely regarded technologies were considered first, while more experimental technologies were included only on the basis of reputable peer-reviewed documentation.
- Novelty in the Field of Forensic Science: More experimental technologies were given higher priority based on whether the technology gave advanced information that is not readily available by using other technologies. These “cutting-edge” technologies were thoroughly vetted to ensure that they have become accepted techniques by leaders in the field.
- Reliability of Technology: Finally, only techniques used with more than 80% reliability were included in this list. Factors that affect reliability included case closure rate, successful conviction rate and correct identification rate.
Sources:
Writer: Willow Dawn Becker: Willow is a blogger, parent, former educator and regular contributor to www.forensicscolleges.com. When she's not writing about forensic science, you'll find her blogging about education online, or enjoying the beauty of Oregon.
The American Mafia, including a List of Italian Mafia Crime Families in the United States
YouTube Video of the Movie Trailer for Goodfellas (1990)
Pictured: Movie Posters from two of the greatest Mafia Movies of all time: (L) "The Godfather" (1972); "Goodfellas" (1990)
The American Mafia (commonly shortened to the Mafia or the Mob, though “the Mob" can refer to other organized crime groups) or Italian-American Mafia, is a highly organized Italian-American criminal society.
The organization is often referred to by members as Cosa Nostra (Italian pronunciation: our thing) and by the government as La Cosa Nostra (LCN).
The organization's name is derived from the original Mafia or Cosa nostra, the Sicilian Mafia, and it originally emerged as an offshoot of the Sicilian Mafia; however, the organization eventually encompassed or absorbed other Italian-American gangsters and Italian-American crime groups (such as the American Camorra) living in the United States and Canada that are not of Sicilian origin. It is often colloquially referred to as the Italian Mafia or Italian Mob, though these terms may also apply to the separate yet related organized crime groups in Italy.
The Mafia in the United States emerged in impoverished Italian immigrant neighborhoods or ghettos in New York's East Harlem (or Italian Harlem), Lower East Side, and Brooklyn. It also emerged in other areas of the East Coast of the United States and several other major metropolitan areas (such as New Orleans and Chicago) during the late 19th century and early 20th century, following waves of Italian immigration especially from Sicily and other regions of Southern Italy.
The Mafie has its roots in the Sicilian Mafia but is a separate organization in the United States. Neapolitan, Calabrian, and other Italian criminal groups in the U.S., as well as independent Italian-American criminals, eventually merged with Sicilian Mafiosi to create the modern pan-Italian Mafia in North America.
Today, the American Mafia cooperates in various criminal activities with Italian organized crime groups, such as the Sicilian Mafia, the Camorra of Naples, and 'Ndrangheta of Calabria. The most important unit of the American Mafia is that of a "family," as the various criminal organizations that make up the Mafia are known. Despite the name of "family" to describe the various units, they are not familial groupings.
The Mafia is currently most active in the northeastern United States, especially in New York City, Philadelphia, New Jersey, Buffalo and New England, in areas such as Boston, Providence and Hartford.
The Mafia is also heavily active in Chicago and other large Midwestern cities such as Detroit, Pittsburgh, Milwaukee, Cleveland, St. Louis, Kansas City as well as in New Orleans, Florida, Las Vegas and Los Angeles, with smaller families, associates, and crews in other parts of the country.
At the Mafia's peak, there were at least 26 cities around the United States with Cosa Nostra families, with many more offshoots and associates in other cities. There are five main New York City Mafia families, known as the Five Families: the Gambino, Lucchese, Genovese, Bonanno, and Colombo families.
At its peak, the Mafia dominated organized crime in the United States. Each crime family has its own territory (except for the Five Families) and operates independently, while nationwide coordination is overseen by the Commission, which consists of the bosses of each of the strongest families.
Today, most of the Mafia's activities are contained to the northeastern United States and Chicago, where they continue to dominate organized crime, despite the increasing numbers of other crime groups.
Click on any of the following blue hyperlinks for more about The American Mafia:
List of Italian-American Mafia Families in the United States
According to the 2004 New Jersey State Commission of Investigation there were 24 active Mafia families in the United States. In 2004, author Thomas Milhorn reported that the Mafia was active in 26 cities across the United States:
Northeastern United States:
New York:
Southern United States:
Alabama:
Western United States:
California:
The organization is often referred to by members as Cosa Nostra (Italian pronunciation: our thing) and by the government as La Cosa Nostra (LCN).
The organization's name is derived from the original Mafia or Cosa nostra, the Sicilian Mafia, and it originally emerged as an offshoot of the Sicilian Mafia; however, the organization eventually encompassed or absorbed other Italian-American gangsters and Italian-American crime groups (such as the American Camorra) living in the United States and Canada that are not of Sicilian origin. It is often colloquially referred to as the Italian Mafia or Italian Mob, though these terms may also apply to the separate yet related organized crime groups in Italy.
The Mafia in the United States emerged in impoverished Italian immigrant neighborhoods or ghettos in New York's East Harlem (or Italian Harlem), Lower East Side, and Brooklyn. It also emerged in other areas of the East Coast of the United States and several other major metropolitan areas (such as New Orleans and Chicago) during the late 19th century and early 20th century, following waves of Italian immigration especially from Sicily and other regions of Southern Italy.
The Mafie has its roots in the Sicilian Mafia but is a separate organization in the United States. Neapolitan, Calabrian, and other Italian criminal groups in the U.S., as well as independent Italian-American criminals, eventually merged with Sicilian Mafiosi to create the modern pan-Italian Mafia in North America.
Today, the American Mafia cooperates in various criminal activities with Italian organized crime groups, such as the Sicilian Mafia, the Camorra of Naples, and 'Ndrangheta of Calabria. The most important unit of the American Mafia is that of a "family," as the various criminal organizations that make up the Mafia are known. Despite the name of "family" to describe the various units, they are not familial groupings.
The Mafia is currently most active in the northeastern United States, especially in New York City, Philadelphia, New Jersey, Buffalo and New England, in areas such as Boston, Providence and Hartford.
The Mafia is also heavily active in Chicago and other large Midwestern cities such as Detroit, Pittsburgh, Milwaukee, Cleveland, St. Louis, Kansas City as well as in New Orleans, Florida, Las Vegas and Los Angeles, with smaller families, associates, and crews in other parts of the country.
At the Mafia's peak, there were at least 26 cities around the United States with Cosa Nostra families, with many more offshoots and associates in other cities. There are five main New York City Mafia families, known as the Five Families: the Gambino, Lucchese, Genovese, Bonanno, and Colombo families.
At its peak, the Mafia dominated organized crime in the United States. Each crime family has its own territory (except for the Five Families) and operates independently, while nationwide coordination is overseen by the Commission, which consists of the bosses of each of the strongest families.
Today, most of the Mafia's activities are contained to the northeastern United States and Chicago, where they continue to dominate organized crime, despite the increasing numbers of other crime groups.
Click on any of the following blue hyperlinks for more about The American Mafia:
- Usage of the term Mafia
- History
- Structure
- Rituals
- Cooperation with the U.S. government
- Law enforcement and the Mafia
- In popular culture
- See also:
- March 14, 1891 lynchings
- Atlantic City Conference
- Havana Conference
- Irish Mob
- Jewish-American organized crime
- Greek mafia
- Sicilian mafia
- Timeline of organized crime
- Triad ("Chinese Mafia")
- Unione Corse ("Corsican Mafia")
- Yakuza
- Gangrule, American Mafia history
- Italian Mafia Terms Defined
- The 26 Original American Mafia Families – AmericanMafia.com
- Mafia Today daily updated mafia news site and Mafia resource
List of Italian-American Mafia Families in the United States
According to the 2004 New Jersey State Commission of Investigation there were 24 active Mafia families in the United States. In 2004, author Thomas Milhorn reported that the Mafia was active in 26 cities across the United States:
Northeastern United States:
New York:
- The Five Families – operate in New York City, the New York Metropolitan area, New Jersey, Connecticut, Massachusetts, Pennsylvania, Florida, California and Nevada.
- Buffalo crime family (Magaddino family)
- Rochester crime family – defunct
- Philadelphia crime family (Bruno family)
- Bufalino crime family (Pittston, Wilkes-Barre, Scranton and the Wyoming Valley area) – nearly defunct
- Pittsburgh crime family (LaRocca family)
- Patriarca crime family (Boston/Providence and Connecticut areas)
- Detroit Partnership (Zerilli family)
- Kansas City crime family (Civella family)
- St. Louis crime family (Giordano family)
- Cleveland crime family (Porrello family)
- Milwaukee crime family (Balistrieri family)
Southern United States:
Alabama:
- Birmingham crime family – defunct since 1938
- Trafficante crime family (Tampa area)
- The Five Families of New York have crews operating in South Florida
- Bonanno crime family – is operating in South Florida
- Colombo crime family's Florida faction – is operating in South Florida
- Gambino crime family's Florida faction – is operating in South Florida and the Tampa Bay Area.
- Genovese crime family – is operating in South Florida. See soldier Albert Facchiano
- Lucchese crime family – is operating in South Florida and Central Florida Counties of Pasco and Pinellas.
- New Orleans crime family (Marcello family) – nearly defunct
- Dallas crime family (Civello family) – defunct
- Houston crime family – defunct
Western United States:
California:
- Dragna crime family (Los Angeles area)
- San Francisco crime family (Lanza family) – defunct
- San Jose crime family (Cerrito family) – defunct
- Las Vegas is considered open territory allowing all crime families to operate in the city's Casinos. Since the 1930s, the Los Angeles families, the Five Families of New York and the Midwest families have owned and operated in Casinos in the Las Vegas Strip.
- Denver crime family (Smaldone family) – defunct
- Seattle crime family (Colacurcio family)
Crime in the United States, including Organized Crime Groups
YouTube Video of the Movie Trailer from "The Untouchables" (1987)
Pictured: 'Child pornographer' replaces Osama bin Laden on FBI 10 Most Wanted List (April 10, 2002)
Click here for a List of Organized Crime Groups in the United States.
Crime in the United States has been recorded since colonization. Crime rates have varied over time, with a sharp rise after 1963, reaching a broad peak between the 1970s and early 1990s. Since then, crime has declined significantly in the United States, and current crime rates are approximately the same as those of the 1960s.
Statistics on specific crimes are indexed in the annual Uniform Crime Reports by the Federal Bureau of Investigation (FBI) and by annual National Crime Victimization Surveys by the Bureau of Justice Statistics.
In addition to the primary Uniform Crime Report known as Crime in the United States, the FBI publishes annual reports on the status of law enforcement in the United States. The report's definitions of specific crimes are considered standard by many American law enforcement agencies.
According to the FBI, index crime in the United States includes violent crime and property crime. Violent crime consists of four criminal offenses: murder and non-negligent manslaughter, forcible rape, robbery, and aggravated assault; property crime consists of burglary, larceny, motor vehicle theft, and arson.
Click on any of the following blue hyperlinks for more about Crime in the United States:
Crime in the United States has been recorded since colonization. Crime rates have varied over time, with a sharp rise after 1963, reaching a broad peak between the 1970s and early 1990s. Since then, crime has declined significantly in the United States, and current crime rates are approximately the same as those of the 1960s.
Statistics on specific crimes are indexed in the annual Uniform Crime Reports by the Federal Bureau of Investigation (FBI) and by annual National Crime Victimization Surveys by the Bureau of Justice Statistics.
In addition to the primary Uniform Crime Report known as Crime in the United States, the FBI publishes annual reports on the status of law enforcement in the United States. The report's definitions of specific crimes are considered standard by many American law enforcement agencies.
According to the FBI, index crime in the United States includes violent crime and property crime. Violent crime consists of four criminal offenses: murder and non-negligent manslaughter, forcible rape, robbery, and aggravated assault; property crime consists of burglary, larceny, motor vehicle theft, and arson.
Click on any of the following blue hyperlinks for more about Crime in the United States:
- Crime over time
- Arrests
- Characteristics of offenders
- Crime victimology
- Incarceration
- International comparison
- Geography of crime
- Number and growth of criminal laws
- See also:
- Incarceration in the United States
- Mass shootings in the United States
- National Crime Information Center Interstate Identification Index
- United States cities by crime rate
- List of U.S. states by homicide rate
- Strict liability (criminal) § United States
- Contempt of court § United States
- 15 Most Wanted by U.S. Marshals
- The FBI's Ten Most Wanted Fugitives
- Surviving Crime
- Latest Crime Stats Released (FBI)
- DEA Fugitives, Major International Fugitives
- New York State's 100 Most Wanted Fugitives
- All Most Wanted - official website of the Los Angeles Police Department
- Nationmaster - Worldwide statistics
- Open data on US violent crime
- Top 10 cities in USA with lowest recorded crime rates
- U. S. Crime and Imprisonment Statistics Total and by State from 1960 - Current
Gangs in the United States
YouTube Video of the Movie Trailer "The Wild One": The Fight Scene (1953)*
* --"Wild One" 1953
Pictured: Street Gangs & Human Trafficking - A Growing Threat
Gangs in the United States include several types of groups, including the following:
Approximately 1.4 million people were part of gangs as of 2011, and more than 33,000 gangs were active in the United States.
Many American gangs began, and still exist, in urban areas. In many cases, national street gangs originated in major cities such as New York City, Los Angeles, Chicago, Philadelphia, Miami and they later migrated to other American cities.
Reasons for Joining:
People join gangs for various reasons, including:
Studies aimed at preventing youth involvement in gangs have identified additional "risk factors" for joining, including:
Gang membership was also associated with:
Activities and Types of Gangs:
American gangs are responsible for an average of 48% of violent crime in most jurisdictions, and up to 90% in other jurisdictions. Major urban areas and their suburban surroundings experience the majority of gang activity, particularly gang-related violent crime.
Gangs are known to engage in traditionally gang-related gambling, drug trafficking, and arms trafficking, white collar crime such as counterfeiting, identity theft, and fraud, and non-traditional activity of human trafficking and prostitution.
Gangs can be categorized based on their ethnic affiliation, their structure, or their membership. Among the gang types defined by the National Gang Intelligence Center are the national street gang, the prison gang, the motorcycle gang, and the local street gang.
Prison gangs:
Main article: Prison gangs in the United States
American prison gangs, like most street gangs, are formed for protection against other gangs. The goal of many street gang members is to gain the respect and protection that comes from being in a prison gang. Prison gangs use street gangs members as their power base for which they recruit new members. For many members, reaching prison gang status shows the ultimate commitment to the gang.
Some prison gangs are transplanted from the street, and in some occasions, prison gangs "outgrow" the penitentiary and engage in criminal activities on the outside. Many prison gangs are racially oriented. Gang umbrella organizations like the Folk Nation and People Nation have originated in prisons.
One notable American prison gang is the Aryan Brotherhood, an organization known for its violence and white supremacist views. Established in the mid-1960s, the gang was not affiliated with the Aryan Nations and allegedly engages in violent crime, drug trafficking, and illegal gambling activities both in and out of prisons. On July 28, 2006, after a six-year federal investigation, four leaders of the gang were convicted of racketeering, murder, and conspiracy charges.
Another significant American prison gang is the Aryan League, which was formed by an alliance between the Aryan Brotherhood and Public Enemy No. 1. Working collaboratively, the gangs engage in drug trafficking, identity theft, and other white collar crime using contacts in the banking system. The gang has used its connections in the banking system to target law enforcement agencies and family members of officers.
There has been a long running racial tension between black and Hispanic prison gangs, as well as significant prison riots in which gangs have targeted each other.
Motorcycle Gangs:
The United States has a significant population of motorcycle gangs, which are groups that use motorcycle clubs as organizational structures for conducting criminal activity. Some motorcycle clubs are exclusively motorcycle gangs, while others are only partially compromised by criminal activity.
The National Gang Intelligence Center reports on all motorcycle clubs with gang activity, while other government agencies, such as the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) focus on motorcycle clubs exclusively dedicated to gang activity. The ATF estimates that approximately 300 exclusively gang-oriented motorcycle clubs exist in the United States.
Organized crime gangs:
Main article: Organized crime
Organized criminal groups are a subtype of gang with a hierarchical leadership structure and in which individuals commit crime for personal gain. For most organized criminal group members, criminal activities constitute their occupation. There are numerous organized criminal groups with operations in the United States (including transnational organized crime groups), including the following:
The activities of organized criminal groups are highly varied, and include drug, weapons, and human trafficking (including prostitution and kidnapping), art theft, murder (including contract killings and assassinations), copyright infringement, counterfeiting, identity theft, money laundering, extortion, illegal gambling, and terrorism.
The complexity and seriousness of the crimes committed by global crime groups pose a threat not only to law enforcement but to democracy and legitimate economic development as well.
American national and local street gangs will collaborate with organized criminal groups.
Juvenile gangs:
Youth gangs are composed of young people, male or female, and like most street gangs, are either formed for protection or for social and economic reasons. Some of the most notorious and dangerous gangs have evolved from youth gangs. During the late 1980s and early 1990s an increase in violence in the United States took place and this was due primarily to an increase in violent acts committed by people under the age of 20.
Due to gangs spreading to suburban and smaller communities youth gangs are now more prevalent and exist in all regions of the United States.
Youth gangs have increasingly been creating problems in school and correctional facilities. However youth gangs are said to be an important social institution for low income youths and young adults because they often serve as cultural, social, and economic functions which are no longer served by the family, school or labor market.
Youth gangs tend to emerge during times of rapid social change and instability. Young people can be attracted to joining a youth gang for a number of reasons. They provide a degree of order and solidarity for their members and make them feel like part of a group or a community.
The diffusion of gang culture to the point where it has been integrated into a larger youth culture has led to widespread adoption by youth of many of the symbols of gang life. For this reason, more and more youth who earlier may have not condoned gang behavior are more willing, even challenged to experiment with gang-like activity.
Youth Gangs may be an ever-present feature of urban culture that change over time in its form, social meaning and antisocial behavior. However, in the United States, youth gangs have taken an especially disturbing form and continue to permeate society.
Click on any of the following blue hyperlinks for more about Gangs in the United States:
- national street gangs,
- local street gangs,
- prison gangs,
- motorcycle clubs,
- and ethnic and organized crime gangs.
Approximately 1.4 million people were part of gangs as of 2011, and more than 33,000 gangs were active in the United States.
Many American gangs began, and still exist, in urban areas. In many cases, national street gangs originated in major cities such as New York City, Los Angeles, Chicago, Philadelphia, Miami and they later migrated to other American cities.
Reasons for Joining:
People join gangs for various reasons, including:
- Profiting from organized crime, which could be a means to obtain food and shelter, or access to luxury goods and services
- Protection from rival gangs or violent crime in general, especially when the police are distrusted or ineffective
- Personal status
- A sense of family, identity, or belonging
- Intimidation by gang members or pressure from friends
- Family tradition
- Excitement of risk-taking
Studies aimed at preventing youth involvement in gangs have identified additional "risk factors" for joining, including:
- Lack of parental supervision
- Family instability
- Family members with violent attitudes
- Being part of a socially marginalized group (e.g. ethnic minority)
- Family poverty
- Lack of youth jobs
- Academic problems (frustration at low performance, low expectations, poor personal relationships with teachers, learning disability)
- Violent crime committed by others against the potential gang member, or friends or family
- Involvement in non-gang illegal activity, especially violent crime or drug use
- Low self-esteem
- Lack of role models
- Hyperactivity
Gang membership was also associated with:
- Early sexual activity
- Illegal gun ownership
Activities and Types of Gangs:
American gangs are responsible for an average of 48% of violent crime in most jurisdictions, and up to 90% in other jurisdictions. Major urban areas and their suburban surroundings experience the majority of gang activity, particularly gang-related violent crime.
Gangs are known to engage in traditionally gang-related gambling, drug trafficking, and arms trafficking, white collar crime such as counterfeiting, identity theft, and fraud, and non-traditional activity of human trafficking and prostitution.
Gangs can be categorized based on their ethnic affiliation, their structure, or their membership. Among the gang types defined by the National Gang Intelligence Center are the national street gang, the prison gang, the motorcycle gang, and the local street gang.
Prison gangs:
Main article: Prison gangs in the United States
American prison gangs, like most street gangs, are formed for protection against other gangs. The goal of many street gang members is to gain the respect and protection that comes from being in a prison gang. Prison gangs use street gangs members as their power base for which they recruit new members. For many members, reaching prison gang status shows the ultimate commitment to the gang.
Some prison gangs are transplanted from the street, and in some occasions, prison gangs "outgrow" the penitentiary and engage in criminal activities on the outside. Many prison gangs are racially oriented. Gang umbrella organizations like the Folk Nation and People Nation have originated in prisons.
One notable American prison gang is the Aryan Brotherhood, an organization known for its violence and white supremacist views. Established in the mid-1960s, the gang was not affiliated with the Aryan Nations and allegedly engages in violent crime, drug trafficking, and illegal gambling activities both in and out of prisons. On July 28, 2006, after a six-year federal investigation, four leaders of the gang were convicted of racketeering, murder, and conspiracy charges.
Another significant American prison gang is the Aryan League, which was formed by an alliance between the Aryan Brotherhood and Public Enemy No. 1. Working collaboratively, the gangs engage in drug trafficking, identity theft, and other white collar crime using contacts in the banking system. The gang has used its connections in the banking system to target law enforcement agencies and family members of officers.
There has been a long running racial tension between black and Hispanic prison gangs, as well as significant prison riots in which gangs have targeted each other.
Motorcycle Gangs:
The United States has a significant population of motorcycle gangs, which are groups that use motorcycle clubs as organizational structures for conducting criminal activity. Some motorcycle clubs are exclusively motorcycle gangs, while others are only partially compromised by criminal activity.
The National Gang Intelligence Center reports on all motorcycle clubs with gang activity, while other government agencies, such as the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) focus on motorcycle clubs exclusively dedicated to gang activity. The ATF estimates that approximately 300 exclusively gang-oriented motorcycle clubs exist in the United States.
Organized crime gangs:
Main article: Organized crime
Organized criminal groups are a subtype of gang with a hierarchical leadership structure and in which individuals commit crime for personal gain. For most organized criminal group members, criminal activities constitute their occupation. There are numerous organized criminal groups with operations in the United States (including transnational organized crime groups), including the following:
- the Sinaloa Cartel,
- American Mafia,
- Jewish Mafia,
- Triad Society,
- Russian Mafia,
- Yakuza,
- Korean Mafia,
- Sicilian Mafia,
- Irish Mob,
- and Albanian Mafia.
The activities of organized criminal groups are highly varied, and include drug, weapons, and human trafficking (including prostitution and kidnapping), art theft, murder (including contract killings and assassinations), copyright infringement, counterfeiting, identity theft, money laundering, extortion, illegal gambling, and terrorism.
The complexity and seriousness of the crimes committed by global crime groups pose a threat not only to law enforcement but to democracy and legitimate economic development as well.
American national and local street gangs will collaborate with organized criminal groups.
Juvenile gangs:
Youth gangs are composed of young people, male or female, and like most street gangs, are either formed for protection or for social and economic reasons. Some of the most notorious and dangerous gangs have evolved from youth gangs. During the late 1980s and early 1990s an increase in violence in the United States took place and this was due primarily to an increase in violent acts committed by people under the age of 20.
Due to gangs spreading to suburban and smaller communities youth gangs are now more prevalent and exist in all regions of the United States.
Youth gangs have increasingly been creating problems in school and correctional facilities. However youth gangs are said to be an important social institution for low income youths and young adults because they often serve as cultural, social, and economic functions which are no longer served by the family, school or labor market.
Youth gangs tend to emerge during times of rapid social change and instability. Young people can be attracted to joining a youth gang for a number of reasons. They provide a degree of order and solidarity for their members and make them feel like part of a group or a community.
The diffusion of gang culture to the point where it has been integrated into a larger youth culture has led to widespread adoption by youth of many of the symbols of gang life. For this reason, more and more youth who earlier may have not condoned gang behavior are more willing, even challenged to experiment with gang-like activity.
Youth Gangs may be an ever-present feature of urban culture that change over time in its form, social meaning and antisocial behavior. However, in the United States, youth gangs have taken an especially disturbing form and continue to permeate society.
Click on any of the following blue hyperlinks for more about Gangs in the United States:
- Demographics
- History
- See also:
- Crime in the United States
- National Gang Threat Assessment report by the Federal Bureau of Investigation
- "Street Gang Alliance Guide" (Chicago, IL: Stream by Chicago Gang History)
"Donald Trump linked to Russian and Italian Mafias, Fusion GPS Founder claims in testimony" (by Newsweek January 19, 2018) including The Russian Mafia (Wikipedia)
YouTube Video: Report: "Russian Mob Money Helped Build Donald Trump Business Empire" (Reported By Brian Williams on The 11th Hour on MSNBC)
Pictured: Testimony from Fusion GPS co-founder Glenn Simpson alleges that President Donald Trump, shown with Russian President Vladimir Putin, had ties to the Russian mafia during his real estate development days. A transcript detailing Simpson's testimony was released Thursday.
Newsweek Article:
"Donald Trump had links to the Russian mafia during his time as a real estate developer, according to the founder of the company behind the infamous dossier alleging ties between the president and Russia.
Related: Read full text: Trump dossier started because Trump said some weird things about Putin, says Fusion GPS
Glenn Simpson, whose company Fusion GPS was hired to investigate the president, told the House Intelligence Committee in November that Trump had connections to Italian and Russian organized crime, according to a transcript released Thursday.
"We also had sort of more broadly learned that Mr. Trump had longtime associations with Italian organized crime figures," Simpson said. “And as we pieced together the early years of his biography, it seemed as if during the early part of his career he had connections to a lot of Italian Mafia figures, and then gradually during the ’90s became associated with Russian mafia figures.”
Simpson commissioned former British spy Christopher Steele to look into Trump because the president, he said, allegedly had “gone over [to Russia] a bunch of times, he said some weird things about Putin, but doesn't seem to have gotten any business deals.”
The White House did not respond to a request for comment.
Simpson was hired to probe the president by a conservative website, The Washington Free Beacon. After the Beacon moved on, the Democratic National Committee and Hillary Clinton's campaign then stepped in to keep paying for the investigation. In 2016, Steele later handed over his findings included in the dossier to the FBI.
“We also increasingly saw that Mr. Trump’s business career had evolved over the prior decade into a lot of projects in overseas places, particularly in the former Soviet Union, that were very opaque, and that he had made a number of trips to Russia but said he’d never done a business deal there,” Simpson said. “And I found that mysterious.”
The dossier was one of the findings that raised questions about Trump's relationship with the Kremlin and whether Russia interfered in the 2016 presidential election.
During his testimony, Simpson said members of the Russian mafia were buying the president's properties. Democratic Representative Adam Schiff asked Simpson whether the Russian government knew about Trump's business dealings. Simpson responded with a "yes."
"If people who seem to be associated with the Russian mafia are buying Trump properties or arranging for other people to buy Trump properties, it does raise a question about whether they're doing it on behalf of the government," he later said.
During his testimony, Simpson urged the committee to continue its investigation into the president.
"I think that the evidence that has developed over the last year, since President Trump took office, is that there is a well-established pattern of surreptitious contacts that occurred last year that supports the broad allegation of some sort of an undisclosed political or financial relationship between the Trump Organization and people in Russia," he said."
[End of Newsweek Article]
___________________________________________________________________________
The Russian Mafia (Wikipedia)
[Your Web Host: note that I am excerpting those portions that are related to the activities of the Russian Mafia in the United States]
Russian organized crime, or Russian mafia, is the most powerful mafia organization in the world.
The Russian Mafia is a collective of various organized crime elements originating in the former Soviet Union.
Organized crime in Russia began in the imperial period of the Tsars, but it was not until the Soviet era that vory v zakone ("thieves-in-law") emerged as leaders of prison groups in gulags (Soviet prison labor camps), and their honor code became more defined.
With the end of World War II, the death of Joseph Stalin, and the fall of the Soviet Union, more gangs emerged in a flourishing black market, exploiting the unstable governments of the former Republics, and at its highest point, even controlling as much as two-thirds of the Russian economy.
Louis Freeh, former director of the FBI, said that the Russian mafia posed the greatest threat to U.S. national security in the mid-1990s.
In modern times, there are as many as 6,000 different groups, with more than 200 of them having a global reach.
Criminals of these various groups are either former prison members, corrupt officials and business leaders, people with ethnic ties, or people from the same region with shared criminal experiences and leaders.
However, the existence of such groups has been debated. In December 2009, Timur Lakhonin, the head of the Russian National Central Bureau of Interpol, stated "Certainly, there is crime involving our former compatriots abroad, but there is no data suggesting that an organized structure of criminal groups comprising former Russians exists abroad", while in August 2010, Alain Bauer, a French criminologist, said that it "is one of the best structured criminal organizations in Europe, with a quasi-military operation."
Click on any of the following blue hyperlinks for more about the Russian Mafia and its activities in the United States:
"Donald Trump had links to the Russian mafia during his time as a real estate developer, according to the founder of the company behind the infamous dossier alleging ties between the president and Russia.
Related: Read full text: Trump dossier started because Trump said some weird things about Putin, says Fusion GPS
Glenn Simpson, whose company Fusion GPS was hired to investigate the president, told the House Intelligence Committee in November that Trump had connections to Italian and Russian organized crime, according to a transcript released Thursday.
"We also had sort of more broadly learned that Mr. Trump had longtime associations with Italian organized crime figures," Simpson said. “And as we pieced together the early years of his biography, it seemed as if during the early part of his career he had connections to a lot of Italian Mafia figures, and then gradually during the ’90s became associated with Russian mafia figures.”
Simpson commissioned former British spy Christopher Steele to look into Trump because the president, he said, allegedly had “gone over [to Russia] a bunch of times, he said some weird things about Putin, but doesn't seem to have gotten any business deals.”
The White House did not respond to a request for comment.
Simpson was hired to probe the president by a conservative website, The Washington Free Beacon. After the Beacon moved on, the Democratic National Committee and Hillary Clinton's campaign then stepped in to keep paying for the investigation. In 2016, Steele later handed over his findings included in the dossier to the FBI.
“We also increasingly saw that Mr. Trump’s business career had evolved over the prior decade into a lot of projects in overseas places, particularly in the former Soviet Union, that were very opaque, and that he had made a number of trips to Russia but said he’d never done a business deal there,” Simpson said. “And I found that mysterious.”
The dossier was one of the findings that raised questions about Trump's relationship with the Kremlin and whether Russia interfered in the 2016 presidential election.
During his testimony, Simpson said members of the Russian mafia were buying the president's properties. Democratic Representative Adam Schiff asked Simpson whether the Russian government knew about Trump's business dealings. Simpson responded with a "yes."
"If people who seem to be associated with the Russian mafia are buying Trump properties or arranging for other people to buy Trump properties, it does raise a question about whether they're doing it on behalf of the government," he later said.
During his testimony, Simpson urged the committee to continue its investigation into the president.
"I think that the evidence that has developed over the last year, since President Trump took office, is that there is a well-established pattern of surreptitious contacts that occurred last year that supports the broad allegation of some sort of an undisclosed political or financial relationship between the Trump Organization and people in Russia," he said."
[End of Newsweek Article]
___________________________________________________________________________
The Russian Mafia (Wikipedia)
[Your Web Host: note that I am excerpting those portions that are related to the activities of the Russian Mafia in the United States]
Russian organized crime, or Russian mafia, is the most powerful mafia organization in the world.
The Russian Mafia is a collective of various organized crime elements originating in the former Soviet Union.
Organized crime in Russia began in the imperial period of the Tsars, but it was not until the Soviet era that vory v zakone ("thieves-in-law") emerged as leaders of prison groups in gulags (Soviet prison labor camps), and their honor code became more defined.
With the end of World War II, the death of Joseph Stalin, and the fall of the Soviet Union, more gangs emerged in a flourishing black market, exploiting the unstable governments of the former Republics, and at its highest point, even controlling as much as two-thirds of the Russian economy.
Louis Freeh, former director of the FBI, said that the Russian mafia posed the greatest threat to U.S. national security in the mid-1990s.
In modern times, there are as many as 6,000 different groups, with more than 200 of them having a global reach.
Criminals of these various groups are either former prison members, corrupt officials and business leaders, people with ethnic ties, or people from the same region with shared criminal experiences and leaders.
However, the existence of such groups has been debated. In December 2009, Timur Lakhonin, the head of the Russian National Central Bureau of Interpol, stated "Certainly, there is crime involving our former compatriots abroad, but there is no data suggesting that an organized structure of criminal groups comprising former Russians exists abroad", while in August 2010, Alain Bauer, a French criminologist, said that it "is one of the best structured criminal organizations in Europe, with a quasi-military operation."
Click on any of the following blue hyperlinks for more about the Russian Mafia and its activities in the United States:
Law of the United States including the LexisNexis Legal Database
YouTube Video: Lexis Practice Advisor® Overview - Show Me How Video Series
Pictured below: 50 Weird Driving Laws of the United States
LexisNexis Group is a corporation providing computer-assisted legal research as well as business research and risk management services. During the 1970s, LexisNexis pioneered the electronic accessibility of legal and journalistic documents.
As of 2006, the company has the world's largest electronic database for legal and public-records related information.
Click on any of the following blue hyperlinks for more about the LexisNexis Group:
Law of the United States comprises many levels of codified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States.
The Constitution sets out the boundaries of federal law, which consists of acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary.
The United States Code is the official compilation and codification of general and permanent federal statutory law.
Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories.
However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual-sovereign system of American federalism (actually tripartite because of the presence of Indian reservations), states are the plenary sovereigns, each with their own constitution, while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution.
Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. Thus, most U.S. law (especially the actual "living law" of contract, tort, property, criminal, and family law experienced by the majority of citizens on a day-to-day basis) consists primarily of state law, which can and does vary greatly from one state to the next.
At both the federal and state levels, with the exception of the state of Louisiana, the law of the United States is largely derived from the common law system of English law, which was in force at the time of the American Revolutionary War. However, American law has diverged greatly from its English ancestor both in terms of substance and procedure, and has incorporated a number of civil law innovations.
General Overview:
Sources of law:
In the United States, the law is derived from five sources:
Constitutionality:
Where Congress enacts a statute that conflicts with the Constitution, the Supreme Court may find that law unconstitutional and declare it invalid.
Notably, a statute does not disappear automatically merely because it has been found unconstitutional; it must be deleted by a subsequent statute. Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional.
However, under the principle of stare decisis, no sensible lower court will enforce an unconstitutional statute, and any court that does so will be reversed by the Supreme Court.
Conversely, any court that refuses to enforce a constitutional statute (where such constitutionality has been expressly established in prior cases) will risk reversal by the Supreme Court.
American common law:
The United States and most Commonwealth countries are heirs to the common law legal tradition of English law. Certain practices traditionally allowed under English common law were expressly outlawed by the Constitution, such as bills of attainder and general search warrants.
As common law courts, U.S. courts have inherited the principle of stare decisis. American judges, like common law judges elsewhere, not only apply the law, they also make the law, to the extent that their decisions in the cases before them become precedent for decisions in future cases.
The actual substance of English law was formally "received" into the United States in several ways:
First, all U.S. states except Louisiana have enacted "reception statutes" which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it is not repugnant to domestic law or indigenous conditions.
Some reception statutes impose a specific cutoff date for reception, such as the date of a colony's founding, while others are deliberately vague. Thus, contemporary U.S. courts often cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form, such as the heightened duty of care traditionally imposed upon common carriers.
Second, a small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U.S. states. Two examples that many lawyers will recognize are the Statute of Frauds (still widely known in the U.S. by that name) and the Statute of 13 Elizabeth (the ancestor of the Uniform Fraudulent Transfer Act). Such English statutes are still regularly cited in contemporary American cases interpreting their modern American descendants.
However, it is important to understand that despite the presence of reception statutes, much of contemporary American common law has diverged significantly from English common law. The reason is that although the courts of the various Commonwealth nations are often influenced by each other's rulings, American courts rarely follow post-Revolution Commonwealth rulings unless there is no American ruling on point, the facts and law at issue are nearly identical, and the reasoning is strongly persuasive.
Early on, American courts, even after the Revolution, often did cite contemporary English cases. This was because appellate decisions from many American courts were not regularly reported until the mid-19th century; lawyers and judges, as creatures of habit, used English legal materials to fill the gap.
But citations to English decisions gradually disappeared during the 19th century as American courts developed their own principles to resolve the legal problems of the American people.
The number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910.
By 1879 one of the delegates to the California constitutional convention was already complaining: "Now, when we require them to state the reasons for a decision, we do not mean they shall write a hundred pages of detail. We [do] not mean that they shall include the small cases, and impose on the country all this fine judicial literature, for the Lord knows we have got enough of that already."
Today, in the words of Stanford law professor Lawrence Friedman: "American cases rarely cite foreign materials. Courts occasionally cite a British classic or two, a famous old case, or a nod to Blackstone; but current British law almost never gets any mention." Foreign law has never been cited as binding precedent, but as a reflection of the shared values of Anglo-American civilization or even Western civilization in general.
Click on any of the following blue hyperlinks for more about Law in the United States: See also:
As of 2006, the company has the world's largest electronic database for legal and public-records related information.
Click on any of the following blue hyperlinks for more about the LexisNexis Group:
- History
- Legal content offerings
- Censorship
- Other products
- Sheshunoff | Pratt
- Reception
- Awards and recognition
- See also:
Law of the United States comprises many levels of codified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States.
The Constitution sets out the boundaries of federal law, which consists of acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary.
The United States Code is the official compilation and codification of general and permanent federal statutory law.
Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories.
However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual-sovereign system of American federalism (actually tripartite because of the presence of Indian reservations), states are the plenary sovereigns, each with their own constitution, while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution.
Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. Thus, most U.S. law (especially the actual "living law" of contract, tort, property, criminal, and family law experienced by the majority of citizens on a day-to-day basis) consists primarily of state law, which can and does vary greatly from one state to the next.
At both the federal and state levels, with the exception of the state of Louisiana, the law of the United States is largely derived from the common law system of English law, which was in force at the time of the American Revolutionary War. However, American law has diverged greatly from its English ancestor both in terms of substance and procedure, and has incorporated a number of civil law innovations.
General Overview:
Sources of law:
In the United States, the law is derived from five sources:
- constitutional law,
- statutory law,
- treaties,
- administrative regulations,
- and the common law (which includes case law).
Constitutionality:
Where Congress enacts a statute that conflicts with the Constitution, the Supreme Court may find that law unconstitutional and declare it invalid.
Notably, a statute does not disappear automatically merely because it has been found unconstitutional; it must be deleted by a subsequent statute. Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional.
However, under the principle of stare decisis, no sensible lower court will enforce an unconstitutional statute, and any court that does so will be reversed by the Supreme Court.
Conversely, any court that refuses to enforce a constitutional statute (where such constitutionality has been expressly established in prior cases) will risk reversal by the Supreme Court.
American common law:
The United States and most Commonwealth countries are heirs to the common law legal tradition of English law. Certain practices traditionally allowed under English common law were expressly outlawed by the Constitution, such as bills of attainder and general search warrants.
As common law courts, U.S. courts have inherited the principle of stare decisis. American judges, like common law judges elsewhere, not only apply the law, they also make the law, to the extent that their decisions in the cases before them become precedent for decisions in future cases.
The actual substance of English law was formally "received" into the United States in several ways:
First, all U.S. states except Louisiana have enacted "reception statutes" which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it is not repugnant to domestic law or indigenous conditions.
Some reception statutes impose a specific cutoff date for reception, such as the date of a colony's founding, while others are deliberately vague. Thus, contemporary U.S. courts often cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form, such as the heightened duty of care traditionally imposed upon common carriers.
Second, a small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U.S. states. Two examples that many lawyers will recognize are the Statute of Frauds (still widely known in the U.S. by that name) and the Statute of 13 Elizabeth (the ancestor of the Uniform Fraudulent Transfer Act). Such English statutes are still regularly cited in contemporary American cases interpreting their modern American descendants.
However, it is important to understand that despite the presence of reception statutes, much of contemporary American common law has diverged significantly from English common law. The reason is that although the courts of the various Commonwealth nations are often influenced by each other's rulings, American courts rarely follow post-Revolution Commonwealth rulings unless there is no American ruling on point, the facts and law at issue are nearly identical, and the reasoning is strongly persuasive.
Early on, American courts, even after the Revolution, often did cite contemporary English cases. This was because appellate decisions from many American courts were not regularly reported until the mid-19th century; lawyers and judges, as creatures of habit, used English legal materials to fill the gap.
But citations to English decisions gradually disappeared during the 19th century as American courts developed their own principles to resolve the legal problems of the American people.
The number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910.
By 1879 one of the delegates to the California constitutional convention was already complaining: "Now, when we require them to state the reasons for a decision, we do not mean they shall write a hundred pages of detail. We [do] not mean that they shall include the small cases, and impose on the country all this fine judicial literature, for the Lord knows we have got enough of that already."
Today, in the words of Stanford law professor Lawrence Friedman: "American cases rarely cite foreign materials. Courts occasionally cite a British classic or two, a famous old case, or a nod to Blackstone; but current British law almost never gets any mention." Foreign law has never been cited as binding precedent, but as a reflection of the shared values of Anglo-American civilization or even Western civilization in general.
Click on any of the following blue hyperlinks for more about Law in the United States: See also:
- Admission to the bar in the United States
- Attorneys in the United States
- Black's Law Dictionary
- Courts of the United States
- Legal education in the United States
- Legal systems of the world
- Privacy laws of the United States
- Lists:
- Official US Government page on all US Laws and Legal Issues
- Official US Government page on all United States Courts
- Texts of US federal laws and US state laws
- U.S. Code collection at Cornell University's Legal Information Institute
Federal Bureau of Investigation ("FBI"), and its Cyber Division along with the FBI's Official Website for reporting Cyber Crimes
YouTube Video: Inside the FBI's Cyber Division headquarters by CBS This Morning
Pictured below: (L) FBI Shield, (R) How the Web Presents New Challenges for Law Enforcement Agencies
The Federal Bureau of Investigation (FBI), formerly the Bureau of Investigation (BOI), is the domestic intelligence and security service of the United States, and its principal federal law enforcement agency.
Operating under the jurisdiction of the United States Department of Justice, the FBI is also a member of the U.S. Intelligence Community and reports to both the Attorney General and the Director of National Intelligence.
A leading U.S. counter-terrorism, counterintelligence, and criminal investigative organization, the FBI has jurisdiction over violations of more than 200 categories of federal crimes.
Although many of the FBI's functions are unique, its activities in support of national security are comparable to those of the British MI5 and the Russian FSB. Unlike the Central Intelligence Agency (CIA), which has no law enforcement authority and is focused on intelligence collection abroad, the FBI is primarily a domestic agency, maintaining 56 field offices in major cities throughout the United States, and more than 400 resident agencies in lesser cities and areas across the nation.
At an FBI field office, a senior-level FBI officer concurrently serves as the representative of the Director of National Intelligence.
Despite its domestic focus, the FBI also maintains a significant international footprint, operating 60 Legal Attache (LEGAT) offices and 15 sub-offices in US embassies and consulates across the globe. These foreign offices exist primarily for the purpose of coordination with foreign security services and do not usually conduct unilateral operations in the host countries.
The FBI can and does at times carry out secret activities overseas, just as the CIA has a limited domestic function; these activities generally require coordination across government agencies.
The FBI was established in 1908 as the Bureau of Investigation, the BOI or BI for short. Its name was changed to the Federal Bureau of Investigation (FBI) in 1935. The FBI headquarters is the J. Edgar Hoover Building, located in Washington, D.C.
Click on any of the following blue hyperlinks for more about the Federal Bureau of Investigation (FBI):
The FBI Cyber Division is a Federal Bureau of Investigation division which heads the national effort to investigate and prosecute internet crimes, including "cyber based terrorism, espionage, computer intrusions, and major cyber fraud."
This division of the FBI uses the information it gathers during investigation to inform the public of current trends in cyber crime. It focuses around three main priorities: computer intrusion, identity theft, and cyber fraud. It was created in 2002.
In response to billions of dollars lost in cyber-crimes, that have had devastating impact on the United States' economic and national security, the FBI created a main "Cyber Division at FBI Headquarters to "address cyber crime in a coordinated and cohesive manner."
Branching out from there, specially trained cyber squads have been placed in 56 field offices across the United States, staffed with "agents and analysts who protect against computer intrusions, theft of intellectual property and personal information, child pornography and exploitation, and online fraud."
Due to internet threats around the world, the FBI has developed "cyber action teams" that travel globally to help in "computer intrusion cases" and gather information that helps to identify cyber crimes that are most dangerous to our national security.
Keeping the focus not only on national security but also on threats to citizens of the United States, the FBI has long been focused on identity theft, which is a growing concern for American citizens. Since fiscal year 2008 through the middle of fiscal year 2013, the number of identity theft related crimes investigated by the Bureau across all programs have resulted in more than 1,600 convictions, $78.6 million in restitutions, $4.6 billion in recoveries, and $6.8 billion in fines.
High priority is given to investigations that involve terrorist organizations or intelligence operations sponsored by foreign governments, which FBI calls "national security cyber intrusions". The Cyber Division has primary responsibility for the FBI's efforts to counter national security–related cyber intrusions. The Cyber Division priorities in rank order are:
Since 2008, NCIJTF is the primary American agency responsible for coordinating cyber threats investigations, and liaisons with the following:
A large number of cases investigated by the Cyber Division come from the Internet Fraud Complaint Center (IFCC), which in 2002 received about 75,000 complaints.
Some cases that the Cyber Division has investigated include:
See also:
Operating under the jurisdiction of the United States Department of Justice, the FBI is also a member of the U.S. Intelligence Community and reports to both the Attorney General and the Director of National Intelligence.
A leading U.S. counter-terrorism, counterintelligence, and criminal investigative organization, the FBI has jurisdiction over violations of more than 200 categories of federal crimes.
Although many of the FBI's functions are unique, its activities in support of national security are comparable to those of the British MI5 and the Russian FSB. Unlike the Central Intelligence Agency (CIA), which has no law enforcement authority and is focused on intelligence collection abroad, the FBI is primarily a domestic agency, maintaining 56 field offices in major cities throughout the United States, and more than 400 resident agencies in lesser cities and areas across the nation.
At an FBI field office, a senior-level FBI officer concurrently serves as the representative of the Director of National Intelligence.
Despite its domestic focus, the FBI also maintains a significant international footprint, operating 60 Legal Attache (LEGAT) offices and 15 sub-offices in US embassies and consulates across the globe. These foreign offices exist primarily for the purpose of coordination with foreign security services and do not usually conduct unilateral operations in the host countries.
The FBI can and does at times carry out secret activities overseas, just as the CIA has a limited domestic function; these activities generally require coordination across government agencies.
The FBI was established in 1908 as the Bureau of Investigation, the BOI or BI for short. Its name was changed to the Federal Bureau of Investigation (FBI) in 1935. The FBI headquarters is the J. Edgar Hoover Building, located in Washington, D.C.
Click on any of the following blue hyperlinks for more about the Federal Bureau of Investigation (FBI):
- Budget, mission, and priorities
- History
- Organization
- Legal authority
- Infrastructure
- Personnel
- Firearms
- Publications
- eGuardian
- Controversies
- Files on U.S. citizens
- Covert operations on political groups
- Files on Puerto Rican independence advocates
- Activities in Latin America
- Viola Liuzzo
- 1996 campaign finance controversy
- Internal investigations of shootings
- The Whitey Bulger case
- Robert Hanssen
- Death of Filiberto Ojeda Rios
- Associated Press impersonation case
- Wikipedia edits
- Hillary Clinton email investigation
- James Comey dismissal, IG probe
- The Nunes memo, FISA warrant
- Florida school shooting
- Andrew McCabe dismissal and investigation
- Leaked info on 20,000 FBI employees
- Media portrayal
- Notable FBI personnel
- See also:
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
- Diplomatic Security Service (DSS)
- FBI Honorary Medals
- FBI Victims Identification Project
- Federal law enforcement in the United States
- Inspector
- Law enforcement in the United States
- Society of Former Special Agents of the Federal Bureau of Investigation
- State bureau of investigation
- U.S. Customs and Border Protection (CBP)
- U.S. Immigration and Customs Enforcement (ICE/HSI)
- United States Marshals Service (USMS)
- United States Secret Service (USSS)
- Federal Bureau of Investigation from the Federation of American Scientists
- The Vault, FBI electronic reading room (launched April 2011)
- Works by Federal Bureau of Investigation at Project Gutenberg
- Works by Federal Bureau of Investigation at LibriVox (public domain audiobooks)
- FBI Collection at Internet Archive, files on over 1,100 subjects
The FBI Cyber Division is a Federal Bureau of Investigation division which heads the national effort to investigate and prosecute internet crimes, including "cyber based terrorism, espionage, computer intrusions, and major cyber fraud."
This division of the FBI uses the information it gathers during investigation to inform the public of current trends in cyber crime. It focuses around three main priorities: computer intrusion, identity theft, and cyber fraud. It was created in 2002.
In response to billions of dollars lost in cyber-crimes, that have had devastating impact on the United States' economic and national security, the FBI created a main "Cyber Division at FBI Headquarters to "address cyber crime in a coordinated and cohesive manner."
Branching out from there, specially trained cyber squads have been placed in 56 field offices across the United States, staffed with "agents and analysts who protect against computer intrusions, theft of intellectual property and personal information, child pornography and exploitation, and online fraud."
Due to internet threats around the world, the FBI has developed "cyber action teams" that travel globally to help in "computer intrusion cases" and gather information that helps to identify cyber crimes that are most dangerous to our national security.
Keeping the focus not only on national security but also on threats to citizens of the United States, the FBI has long been focused on identity theft, which is a growing concern for American citizens. Since fiscal year 2008 through the middle of fiscal year 2013, the number of identity theft related crimes investigated by the Bureau across all programs have resulted in more than 1,600 convictions, $78.6 million in restitutions, $4.6 billion in recoveries, and $6.8 billion in fines.
High priority is given to investigations that involve terrorist organizations or intelligence operations sponsored by foreign governments, which FBI calls "national security cyber intrusions". The Cyber Division has primary responsibility for the FBI's efforts to counter national security–related cyber intrusions. The Cyber Division priorities in rank order are:
- cyber intrusions;
- child sexual exploitation;
- intellectual property rights; and
- internet fraud. FBI Cyber Division works through the National Cyber Investigative Joint Task Force (NCIJTF) and cyber investigative squads located in each FBI field office.
Since 2008, NCIJTF is the primary American agency responsible for coordinating cyber threats investigations, and liaisons with the following:
- Central Intelligence Agency (CIA),
- Department of Defense (DOD),
- Department of Homeland Security (DHS),
- and National Security Agency (NSA).
A large number of cases investigated by the Cyber Division come from the Internet Fraud Complaint Center (IFCC), which in 2002 received about 75,000 complaints.
Some cases that the Cyber Division has investigated include:
- dismantling a ring of criminals using malware to redirect users to rogue DNS servers (Operation Ghost Click);
- taking down a botnet based on Coreflood trojan used for fraud;
- taking down a group responsible for robbing over 2,000 ATM machines at once;
- taking down a group of about 100 involved in phishing (Operation Phish Phry);
- and taking down of the DarkMarket cyber crime forum used by criminals.
See also:
- Cyberterrorism
- FBI Most Wanted Cyber Criminals
- Testimony on the activities of the FBI's Cyber Division in relation to the theft of intellectual property
United States Department of Homeland Security, including:
YouTube Video about the Mission of the U.S. Department of Homeland Security
YouTube Video: How has FEMA changed in the ten years since Hurricane Katrina?
YouTube Video: The real story about ICE
Pictured below: A DHS Org chart example means the organizational framework of the United States Department of Homeland Security. It is currently the youngest cabinet division of the American federal government. The key duties of DHS covering dealing issues of public security, anti-terrorism, immigration and customs, and disaster prevention. DHS was created according to the serious September 11 attacks. Below you can see one of the DHS org chart examples.
YouTube Video about the Mission of the U.S. Department of Homeland Security
YouTube Video: How has FEMA changed in the ten years since Hurricane Katrina?
YouTube Video: The real story about ICE
Pictured below: A DHS Org chart example means the organizational framework of the United States Department of Homeland Security. It is currently the youngest cabinet division of the American federal government. The key duties of DHS covering dealing issues of public security, anti-terrorism, immigration and customs, and disaster prevention. DHS was created according to the serious September 11 attacks. Below you can see one of the DHS org chart examples.
Click here for Official DHS website
The United States Department of Homeland Security (DHS) is a cabinet department of the United States federal government with responsibilities in public security, roughly comparable to the interior or home ministries of other countries.
DHS's stated missions involve anti-terrorism, border security, immigration and customs, cyber security, and disaster prevention and management. It was created in response to the September 11 attacks and is the youngest U.S. cabinet department.
In fiscal year 2017, DHS was allocated a net discretionary budget of $40.6 billion. With more than 240,000 employees, DHS is the third largest Cabinet department, after the Departments of Defense and Veterans Affairs.
Homeland security policy is coordinated at the White House by the Homeland Security Council. Other agencies with significant homeland security responsibilities include the Departments of Health and Human Services, Justice, and Energy.
The former Secretary, John F. Kelly, was replaced by Secretary Kirstjen Nielsen on December 5, 2017.
Function:
Whereas the Department of Defense is charged with military actions abroad, the Department of Homeland Security works in the civilian sphere to protect the United States within, at, and outside its borders. Its stated goal is to prepare for, prevent, and respond to domestic emergencies, particularly terrorism.
On March 1, 2003, DHS absorbed the Immigration and Naturalization Service (INS) and assumed its duties. In doing so, it divided the enforcement and services functions into two separate and new agencies: Immigration and Customs Enforcement and Citizenship and Immigration Services.
The investigative divisions and intelligence gathering units of the INS and Customs Service were merged forming Homeland Security Investigations. Additionally, the border enforcement functions of the INS, including the U.S. Border Patrol, the U.S. Customs Service, and the Animal and Plant Health Inspection Service were consolidated into a new agency under DHS: U.S. Customs and Border Protection. The Federal Protective Service falls under the National Protection and Programs Directorate.
Click on any of the following blue hyperlinks for more about the U.S. Department of Homeland Security:
Click here for Official FEMA website
The Federal Emergency Management Agency (FEMA) is an agency of the United States Department of Homeland Security, initially created by Presidential Reorganization Plan No. 3 of 1978 and implemented by two Executive Orders on April 1, 1979.
The agency's primary purpose is to coordinate the response to a disaster that has occurred in the United States and that overwhelms the resources of local and state authorities. The governor of the state in which the disaster occurs must declare a state of emergency and formally request from the president that FEMA and the federal government respond to the disaster.
The only exception to the state's gubernatorial declaration requirement occurs when an emergency or disaster takes place on federal property or to a federal asset—for example, the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, or the Space Shuttle Columbia in the 2003 return-flight disaster.
While on-the-ground support of disaster recovery efforts is a major part of FEMA's charter, the agency provides state and local governments with experts in specialized fields and funding for rebuilding efforts and relief funds for infrastructure by directing individuals to access low-interest loans, in conjunction with the Small Business Administration.
In addition to this, FEMA provides funds for training of response personnel throughout the United States and its territories as part of the agency's preparedness effort.
Click on any of the following blue hyperlinks for more about FEMA:
Click here for Official ICE Website
The U.S. Immigration and Customs Enforcement (ICE) is a law enforcement agency of the federal government of the United States tasked to enforce the immigration laws of the United States and to investigate criminal and terrorist activity of foreign nationals residing in the United States.
ICE has two primary components: Homeland Security Investigations (HSI) and Enforcement and Removal Operations (ERO).
ICE is a federal agency under the jurisdiction of the Department of Homeland Security (DHS) charged with the investigation and enforcement of over 400 federal statutes within the United States and also maintains attachés at major U.S. diplomatic missions overseas.
ICE does not patrol American borders; rather, that role is performed by the United States Border Patrol, a unit of U.S. Customs and Border Protection, which is a sister agency of ICE. The former Acting Director of ICE, Thomas Homan, was replaced by Deputy Director Ronald Vitiello on June 30, 2018
Click on any of the following blue hyperlinks for more about ICE:
The United States Department of Homeland Security (DHS) is a cabinet department of the United States federal government with responsibilities in public security, roughly comparable to the interior or home ministries of other countries.
DHS's stated missions involve anti-terrorism, border security, immigration and customs, cyber security, and disaster prevention and management. It was created in response to the September 11 attacks and is the youngest U.S. cabinet department.
In fiscal year 2017, DHS was allocated a net discretionary budget of $40.6 billion. With more than 240,000 employees, DHS is the third largest Cabinet department, after the Departments of Defense and Veterans Affairs.
Homeland security policy is coordinated at the White House by the Homeland Security Council. Other agencies with significant homeland security responsibilities include the Departments of Health and Human Services, Justice, and Energy.
The former Secretary, John F. Kelly, was replaced by Secretary Kirstjen Nielsen on December 5, 2017.
Function:
Whereas the Department of Defense is charged with military actions abroad, the Department of Homeland Security works in the civilian sphere to protect the United States within, at, and outside its borders. Its stated goal is to prepare for, prevent, and respond to domestic emergencies, particularly terrorism.
On March 1, 2003, DHS absorbed the Immigration and Naturalization Service (INS) and assumed its duties. In doing so, it divided the enforcement and services functions into two separate and new agencies: Immigration and Customs Enforcement and Citizenship and Immigration Services.
The investigative divisions and intelligence gathering units of the INS and Customs Service were merged forming Homeland Security Investigations. Additionally, the border enforcement functions of the INS, including the U.S. Border Patrol, the U.S. Customs Service, and the Animal and Plant Health Inspection Service were consolidated into a new agency under DHS: U.S. Customs and Border Protection. The Federal Protective Service falls under the National Protection and Programs Directorate.
Click on any of the following blue hyperlinks for more about the U.S. Department of Homeland Security:
- Structure
- National Terrorism Advisory System
- History
- Seal
- Headquarters
- Disaster preparedness and response
- Cyber-security
- Expenditures
- Criticism
- See also:
- Container Security Initiative
- E-Verify
- Electronic System for Travel Authorization
- Homeland
- Emergency Management Institute
- Homeland Security USA
- Homeland security grant
- National Biodefense Analysis and Countermeasures Center (NBACC), Ft Detrick, MD
- National Interoperability Field Operations Guide
- National Strategy for Homeland Security
- Project Hostile Intent
- Public Safety Canada
- Shadow Wolves
- Terrorism in the United States
- United States visas
- United States Visitor and Immigrant Status Indicator Technology (US-VISIT)
- Visa Waiver Program
- Interior ministry. Generally in other countries "interior ministries" usually deal with internal police, immigration and border control duties.
- Home Office (UK)
- DHS in the Federal Register
Click here for Official FEMA website
The Federal Emergency Management Agency (FEMA) is an agency of the United States Department of Homeland Security, initially created by Presidential Reorganization Plan No. 3 of 1978 and implemented by two Executive Orders on April 1, 1979.
The agency's primary purpose is to coordinate the response to a disaster that has occurred in the United States and that overwhelms the resources of local and state authorities. The governor of the state in which the disaster occurs must declare a state of emergency and formally request from the president that FEMA and the federal government respond to the disaster.
The only exception to the state's gubernatorial declaration requirement occurs when an emergency or disaster takes place on federal property or to a federal asset—for example, the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, or the Space Shuttle Columbia in the 2003 return-flight disaster.
While on-the-ground support of disaster recovery efforts is a major part of FEMA's charter, the agency provides state and local governments with experts in specialized fields and funding for rebuilding efforts and relief funds for infrastructure by directing individuals to access low-interest loans, in conjunction with the Small Business Administration.
In addition to this, FEMA provides funds for training of response personnel throughout the United States and its territories as part of the agency's preparedness effort.
Click on any of the following blue hyperlinks for more about FEMA:
- History
- Organization
- Pre-disaster mitigation programs
- Response capabilities
- FEMA Corps
- Criticism
- Federalism and FEMA
- List of FEMA heads
- See also:
- United States civil defense
- Federal Civil Defense Authority
- FEMA camps conspiracy theory
- FEMA photo library
- National Emergency Technology Guard
- PDD-62, the National Security Directive defining FEMA's counterterrorism jurisdiction
- Civil defense by country
- Civil Contingencies Secretariat, British counterpart emergency management agency
- Emergency Preparedness Canada, Canadian counterpart emergency management agency
- National Disaster Medical System
- Disaster Medical Assistance Teams
- Disaster Mortuary Operational Response Teams
- Federal Emergency Management Agency in the Federal Register
- Works by or about Federal Emergency Management Agency at Internet Archive
Click here for Official ICE Website
The U.S. Immigration and Customs Enforcement (ICE) is a law enforcement agency of the federal government of the United States tasked to enforce the immigration laws of the United States and to investigate criminal and terrorist activity of foreign nationals residing in the United States.
ICE has two primary components: Homeland Security Investigations (HSI) and Enforcement and Removal Operations (ERO).
ICE is a federal agency under the jurisdiction of the Department of Homeland Security (DHS) charged with the investigation and enforcement of over 400 federal statutes within the United States and also maintains attachés at major U.S. diplomatic missions overseas.
ICE does not patrol American borders; rather, that role is performed by the United States Border Patrol, a unit of U.S. Customs and Border Protection, which is a sister agency of ICE. The former Acting Director of ICE, Thomas Homan, was replaced by Deputy Director Ronald Vitiello on June 30, 2018
Click on any of the following blue hyperlinks for more about ICE:
- History
- Organization
- Assistant Secretaries and Directors
- Training
- Transnational gangs
- Deportation case samples
- Immigration law
- Detention centers
- ICE Air
- Criticisms
- See also:
- Asylum shopping
- Diplomatic Security Service (DSS)—U.S. Department of State
- Drug Enforcement Administration
- Federal Air Marshal Service
- Federal Bureau of Investigation
- Federal crime
- Federal Protective Service (U.S.)
- Illegal drug trade in the United States
- List of United States federal law enforcement agencies
- Office of Air and Marine
- Operation Endgame
- Operation Front Line
- Operation Protect Our Children
- Operation Tangled Web
- Shadow Wolves
- Title 19 of the Code of Federal Regulations
- United States Border Patrol
- U.S. Customs and Border Protection
- United States Citizenship and Immigration Services
- U.S. Marshals Service
- U.S. Postal Inspection Service
- U.S. Secret Service
- Jaime Zapata (U.S. agent)
- International agencies comparable to ICE:
- Australian Border Force
- Canada Border Services Agency
- Immigration Enforcement - a Home Office command in the United Kingdom
- Customs Surveillance Service—Spain (only customs enforcement; immigration issues are handled by the standard National Police and Guardia Civil). See also:
- Frontex--European Union (Schengen Area)
- Federal Migration Service (FMS)—Russia
- U.S. Immigration and Customs Enforcement in the Federal Register
- U.S. Customs and Border Protection
Firearms, the Second Amendment and the NRA, vs. Gun Violence in the United States
YouTube Video: How gun background checks work — and when they don’t
by PBS News Hour
A firearm is a portable gun (a barreled ranged weapon) that inflicts damage on targets by launching one or more projectiles driven by rapidly expanding high-pressure gas produced by exothermic combustion (deflagration) of propellant within an ammunition cartridge.
If gas pressurization is achieved through mechanical gas compression rather than through propellant combustion, then the gun is technically an air gun, not a firearm.
The first primitive firearms originated in 10th-century China when bamboo tubes containing gunpowder and pellet projectiles were mounted on spears into the one-person-portable fire lance, which was later used as a shock weapon to good effect in the Siege of De'an.
In 13th century, the Chinese invented the metal-barrelled hand cannon, widely considered to be the true ancestor of all firearms. The technology gradually spread through the rest of East Asia, South Asia, the Middle East, and Europe. Older firearms typically used black powder as a propellant, but modern firearms use smokeless powder or other propellants.
Most modern firearms (with the notable exception of smoothbore shotguns) have rifled barrels to impart spin to the projectile for improved flight stability.
Modern firearms can be described by their caliber (i.e. their bore diameter; this is given in millimeters or inches e.g. 7.5 mm, .357 in.) or in the case of shotguns their gauge (e.g. 12 ga.); by the type of action employed (muzzle, breech, lever, bolt, pump, revolver, semi-automatic, automatic etc.) together with the usual means of deportment (hand-held or mechanical mounting).
Further classification may make reference to the type of barrel used (rifled) and to the barrel length (24 inch), to the firing mechanism (e.g. matchlock, wheellock, flintlock, percussion lock), to the design's primary intended use (e.g. hunting rifle), or to the commonly accepted name for a particular variation (e.g. Gatling gun).
Shooters aim firearms at their targets with hand-eye coordination, using either iron sights or optical sights. The accurate range of pistols generally does not exceed 110 yards (100 m), while most rifles are accurate to 550 yards (500 m) using iron sights, or to longer ranges using optical sights (firearm rounds may be dangerous or lethal well beyond their accurate range; the minimum distance for safety is much greater than specified range).
Purpose-built sniper rifles and anti-materiel rifles are accurate to ranges of more than 2,200 yards (2,000 m).
Click on any of the following blue hyperlinks for more about Firearms:
Second Amendment to the United States Constitution
The Second Amendment (Amendment II) to the United States Constitution protects the right of the people to keep and bear arms and was adopted on December 15, 1791, as part of the first ten amendments contained in the Bill of Rights.
The Supreme Court of the United States has ruled that the right belongs to individuals for self-defense, while also ruling that the right is not unlimited and does not prohibit all regulation of either firearms or similar devices. State and local governments are limited to the same extent as the federal government from infringing this right, per the incorporation of the Bill of Rights.
The Second Amendment was based partially on the right to keep and bear arms in English common law and was influenced by the English Bill of Rights of 1689. Sir William Blackstone described this right as an auxiliary right, supporting the natural rights of self-defense and resistance to oppression, and the civic duty to act in concert in defense of the state.
While both James Monroe and John Adams supported the Constitution being ratified, its most influential framer was James Madison. In Federalist No. 46, Madison wrote how a federal army could be kept in check by state militias, "a standing army ... would be opposed [by] a militia." He argued that state militias "would be able to repel the danger" of a federal army, "It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops."
Madison confidently contrasted the federal government of the United States to the European kingdoms, which he contemptuously described as "afraid to trust the people with arms." He assured his fellow citizens that they need never fear their government because "besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition".
By January 1788, Delaware, Pennsylvania, New Jersey, Georgia and Connecticut ratified the Constitution without insisting upon amendments. Several specific amendments were proposed, but were not adopted at the time the Constitution was ratified. For example, the Pennsylvania convention debated fifteen amendments, one of which concerned the right of the people to be armed, another with the militia.
The Massachusetts convention also ratified the Constitution with an attached list of proposed amendments. In the end, the ratification convention was so evenly divided between those for and against the Constitution that the federalists agreed to amendments to assure ratification.
In United States v. Cruikshank (1876), the Supreme Court of the United States ruled that, "The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The Second Amendments means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government" and thus limited the scope of the Second Amendment's protections to the federal government.
In United States v. Miller (1939), the Supreme Court ruled that the Second Amendment did not protect weapon types not having a "reasonable relationship to the preservation or efficiency of a well regulated militia".
In the twenty-first century, the amendment has been subjected to renewed academic inquiry and judicial interest. In District of Columbia v. Heller (2008), the Supreme Court handed down a landmark decision that held the amendment protects an individual's right to keep a gun at home for self-defense. This was the first time in American history The Court had ruled the Second Amendment guarantees an individual's right to own a gun.
In McDonald v. Chicago (2010), the Court clarified its earlier decisions that limited the amendment's impact to a restriction on the federal government, expressly holding that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment against state and local governments.
In Caetano v. Massachusetts (2016), the Supreme Court reiterated its earlier rulings that "the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding" and that its protection is not limited to "only those weapons useful in warfare".
Due to these decisions, the debate between various organizations regarding gun control and gun rights continues.
Click on any of the following blue hyperlinks for more about the Second Amendment to the United States Constitution:
National Rifle Association (NRA)
The National Rifle Association of America (NRA) is an American nonprofit organization that advocates for gun rights.
Founded in 1871, the group has informed its members about firearm-related bills since 1934, and it has directly lobbied for and against legislation since 1975. It has been called the oldest continuously operating civil rights organization and the "largest and best-funded lobbying organization in the United States".
Founded to advance rifle marksmanship, the modern NRA continues to teach firearm competency and safety. The organization also publishes several magazines and sponsors competitive marksmanship events. According to the NRA, membership surpassed 5 million in May 2013.
Observers and lawmakers see the NRA as one of the top three most influential lobbying groups in Washington, D.C. The NRA Institute for Legislative Action (NRA-ILA) is its lobbying arm, which manages its political action committee, the Political Victory Fund (PVF). Over its history the organization has influenced legislation, participated in or initiated lawsuits, and endorsed or opposed various candidates.
The NRA has been criticized by gun control and gun rights advocacy groups, political commentators, and politicians. The NRA's oldest organized critics include:
Twenty-first century groups include:
The organization has been the focus of intense criticism in the aftermath of high-profile shootings, such as the Sandy Hook Elementary School shooting and the Stoneman Douglas High School shooting.
Click on any of the following blue hyperlinks for more about the NRA:
Gun violence in the United States results in tens of thousands of deaths and injuries annually.
In 2013, there were 73,505 nonfatal firearm injuries (23.2 injuries per 100,000 persons), and 33,636 deaths due to "injury by firearms" (10.6 deaths per 100,000 persons). These deaths consisted of:
The ownership and control of guns are among the most widely debated issues in the country.
In 2012, there were 8,855 total firearm-related homicides in the US, with 6,371 of those attributed to handguns. In 2012, 64% of all gun-related deaths in the U.S. were suicides.
In 2010, there were 19,392 firearm-related suicides, and 11,078 firearm-related homicides in the U.S. In 2010, 358 murders were reported involving a rifle while 6,009 were reported involving a handgun; another 1,939 were reported with an unspecified type of firearm.
Firearms were used to kill 13,286 people in the U.S. in 2015, excluding suicide.
Approximately 1.4 million people have been killed using firearms in the U.S. between 1968 and 2011. This number includes all deaths resulting from a firearm, including suicides, homicides, and accidents.
Compared to 22 other high-income nations, the U.S. gun-related murder rate is 25 times higher. Although it has half the population of the other 22 nations combined, the U.S. had 82 percent of all gun deaths, 90 percent of all women killed with guns, 91 percent of children under 14 and 92 percent of young people between ages 15 and 24 killed with guns.
Gun violence is most common in poor urban areas and frequently associated with gang violence, often involving male juveniles or young adult males.Although mass shootings have been covered extensively in the media, mass shootings in the US account for a small fraction of gun-related deaths and the frequency of these events steadily declined between 1994 and 2007, rising between 2007 and 2013.
Legislation at the federal, state, and local levels has attempted to address gun violence through a variety of methods, including restricting firearms purchases by youths and other "at-risk" populations, setting waiting periods for firearm purchases, establishing gun buyback programs, law enforcement and policing strategies, stiff sentencing of gun law violators, education programs for parents and children, and community-outreach programs.
Despite widespread concern about the impacts of gun violence on public health, Congress has prohibited the Centers for Disease Control (CDC) from conducting research that advocates in favor of gun control. The CDC has interpreted this ban to extend to all research on gun violence prevention, and so has not funded any research on this subject since 1996
Click on any of the following blue hyperlinks for more about Gun Violence in the United States:
If gas pressurization is achieved through mechanical gas compression rather than through propellant combustion, then the gun is technically an air gun, not a firearm.
The first primitive firearms originated in 10th-century China when bamboo tubes containing gunpowder and pellet projectiles were mounted on spears into the one-person-portable fire lance, which was later used as a shock weapon to good effect in the Siege of De'an.
In 13th century, the Chinese invented the metal-barrelled hand cannon, widely considered to be the true ancestor of all firearms. The technology gradually spread through the rest of East Asia, South Asia, the Middle East, and Europe. Older firearms typically used black powder as a propellant, but modern firearms use smokeless powder or other propellants.
Most modern firearms (with the notable exception of smoothbore shotguns) have rifled barrels to impart spin to the projectile for improved flight stability.
Modern firearms can be described by their caliber (i.e. their bore diameter; this is given in millimeters or inches e.g. 7.5 mm, .357 in.) or in the case of shotguns their gauge (e.g. 12 ga.); by the type of action employed (muzzle, breech, lever, bolt, pump, revolver, semi-automatic, automatic etc.) together with the usual means of deportment (hand-held or mechanical mounting).
Further classification may make reference to the type of barrel used (rifled) and to the barrel length (24 inch), to the firing mechanism (e.g. matchlock, wheellock, flintlock, percussion lock), to the design's primary intended use (e.g. hunting rifle), or to the commonly accepted name for a particular variation (e.g. Gatling gun).
Shooters aim firearms at their targets with hand-eye coordination, using either iron sights or optical sights. The accurate range of pistols generally does not exceed 110 yards (100 m), while most rifles are accurate to 550 yards (500 m) using iron sights, or to longer ranges using optical sights (firearm rounds may be dangerous or lethal well beyond their accurate range; the minimum distance for safety is much greater than specified range).
Purpose-built sniper rifles and anti-materiel rifles are accurate to ranges of more than 2,200 yards (2,000 m).
Click on any of the following blue hyperlinks for more about Firearms:
- Types of firearms
- Health hazards
- History
- See also:
- Glossary of firearms terms
- Index of gun politics articles
- Firearm science and technology:
- Guns and Society:
- List of firearms:
- World War I Firearms:
- World War II Firearms:
- Firearms groups around the world:
- Association of Firearm Instructors
- Dominion of Canada Rifle Association
- National Rifle Association (see below)
- National Rifle Association of the United Kingdom
- PROGUN (Philippines)
- Shooters and Fishers Party
- Sporting Shooters Association of Australia
Second Amendment to the United States Constitution
The Second Amendment (Amendment II) to the United States Constitution protects the right of the people to keep and bear arms and was adopted on December 15, 1791, as part of the first ten amendments contained in the Bill of Rights.
The Supreme Court of the United States has ruled that the right belongs to individuals for self-defense, while also ruling that the right is not unlimited and does not prohibit all regulation of either firearms or similar devices. State and local governments are limited to the same extent as the federal government from infringing this right, per the incorporation of the Bill of Rights.
The Second Amendment was based partially on the right to keep and bear arms in English common law and was influenced by the English Bill of Rights of 1689. Sir William Blackstone described this right as an auxiliary right, supporting the natural rights of self-defense and resistance to oppression, and the civic duty to act in concert in defense of the state.
While both James Monroe and John Adams supported the Constitution being ratified, its most influential framer was James Madison. In Federalist No. 46, Madison wrote how a federal army could be kept in check by state militias, "a standing army ... would be opposed [by] a militia." He argued that state militias "would be able to repel the danger" of a federal army, "It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops."
Madison confidently contrasted the federal government of the United States to the European kingdoms, which he contemptuously described as "afraid to trust the people with arms." He assured his fellow citizens that they need never fear their government because "besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition".
By January 1788, Delaware, Pennsylvania, New Jersey, Georgia and Connecticut ratified the Constitution without insisting upon amendments. Several specific amendments were proposed, but were not adopted at the time the Constitution was ratified. For example, the Pennsylvania convention debated fifteen amendments, one of which concerned the right of the people to be armed, another with the militia.
The Massachusetts convention also ratified the Constitution with an attached list of proposed amendments. In the end, the ratification convention was so evenly divided between those for and against the Constitution that the federalists agreed to amendments to assure ratification.
In United States v. Cruikshank (1876), the Supreme Court of the United States ruled that, "The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The Second Amendments means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government" and thus limited the scope of the Second Amendment's protections to the federal government.
In United States v. Miller (1939), the Supreme Court ruled that the Second Amendment did not protect weapon types not having a "reasonable relationship to the preservation or efficiency of a well regulated militia".
In the twenty-first century, the amendment has been subjected to renewed academic inquiry and judicial interest. In District of Columbia v. Heller (2008), the Supreme Court handed down a landmark decision that held the amendment protects an individual's right to keep a gun at home for self-defense. This was the first time in American history The Court had ruled the Second Amendment guarantees an individual's right to own a gun.
In McDonald v. Chicago (2010), the Court clarified its earlier decisions that limited the amendment's impact to a restriction on the federal government, expressly holding that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment against state and local governments.
In Caetano v. Massachusetts (2016), the Supreme Court reiterated its earlier rulings that "the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding" and that its protection is not limited to "only those weapons useful in warfare".
Due to these decisions, the debate between various organizations regarding gun control and gun rights continues.
Click on any of the following blue hyperlinks for more about the Second Amendment to the United States Constitution:
- Text
- Pre-Constitution background
- State Constitutional Precursors to the Second Amendment
- Drafting and adoption of the Constitution
- Ratification debates
- Conflict and compromise in Congress produce the Bill of Rights
- Militia in the decades following ratification
- Scholarly commentary
- Supreme Court cases
- United States Courts of Appeals decisions before and after Heller
- Calls for repeal
- See also:
- 2nd Amendment Day
- Gun culture in the United States
- Gun law in the US – 2nd Amendment
- Gun politics in the United States
- List of amendments to the United States Constitution
- Right to keep and bear arms – international views on the concept by country
- Second Amendment Caucus – a Congressional caucus dedicated to supporting the right to bear arms'
- Uniform Firearms Act – a set of statutes in Pennsylvania that define and amplify the right to bear arms in that state's Constitution.
- Works related to United States Bill of Rights at Wikisource
- District of Columbia v. Heller
- National Archives Scanned Image of the Bill of Rights, including the Second Amendment
- The short film Big Picture: To Keep and Bear Arms is available for free download at the Internet Archive
- State Constitutional Right to Keep and Bear Arms Provisions as provided by Prof. Eugene Volokh, UCLA Law School
National Rifle Association (NRA)
The National Rifle Association of America (NRA) is an American nonprofit organization that advocates for gun rights.
Founded in 1871, the group has informed its members about firearm-related bills since 1934, and it has directly lobbied for and against legislation since 1975. It has been called the oldest continuously operating civil rights organization and the "largest and best-funded lobbying organization in the United States".
Founded to advance rifle marksmanship, the modern NRA continues to teach firearm competency and safety. The organization also publishes several magazines and sponsors competitive marksmanship events. According to the NRA, membership surpassed 5 million in May 2013.
Observers and lawmakers see the NRA as one of the top three most influential lobbying groups in Washington, D.C. The NRA Institute for Legislative Action (NRA-ILA) is its lobbying arm, which manages its political action committee, the Political Victory Fund (PVF). Over its history the organization has influenced legislation, participated in or initiated lawsuits, and endorsed or opposed various candidates.
The NRA has been criticized by gun control and gun rights advocacy groups, political commentators, and politicians. The NRA's oldest organized critics include:
- the gun control advocacy groups the Brady Campaign,
- the Coalition to Stop Gun Violence (CSGV),
- and the Violence Policy Center (VPC).
Twenty-first century groups include:
- Everytown for Gun Safety (formerly Mayors Against Illegal Guns),
- Moms Demand Action,
- and Americans for Responsible Solutions.
The organization has been the focus of intense criticism in the aftermath of high-profile shootings, such as the Sandy Hook Elementary School shooting and the Stoneman Douglas High School shooting.
Click on any of the following blue hyperlinks for more about the NRA:
- History
- Lobbying and political activity
- Programs
- Organizational structure and finances
- Public opinion and image
- Criticism
- List of past and present leaders
- See also:
- Non-profit organizations in Northern Virginia
- Overview of gun laws by nation
- Official NRA website – the website for the National Rifle Association of America
- Lobbyist profile at OpenSecrets.org
- "National Rifle Association Internal Revenue Service filings". ProPublica Nonprofit Explorer.
Gun violence in the United States results in tens of thousands of deaths and injuries annually.
In 2013, there were 73,505 nonfatal firearm injuries (23.2 injuries per 100,000 persons), and 33,636 deaths due to "injury by firearms" (10.6 deaths per 100,000 persons). These deaths consisted of:
- 11,208 homicides,
- 21,175 suicides,
- 505 deaths due to accidental or negligent discharge of a firearm,
- and 281 deaths due to firearms use with "undetermined intent".
The ownership and control of guns are among the most widely debated issues in the country.
In 2012, there were 8,855 total firearm-related homicides in the US, with 6,371 of those attributed to handguns. In 2012, 64% of all gun-related deaths in the U.S. were suicides.
In 2010, there were 19,392 firearm-related suicides, and 11,078 firearm-related homicides in the U.S. In 2010, 358 murders were reported involving a rifle while 6,009 were reported involving a handgun; another 1,939 were reported with an unspecified type of firearm.
Firearms were used to kill 13,286 people in the U.S. in 2015, excluding suicide.
Approximately 1.4 million people have been killed using firearms in the U.S. between 1968 and 2011. This number includes all deaths resulting from a firearm, including suicides, homicides, and accidents.
Compared to 22 other high-income nations, the U.S. gun-related murder rate is 25 times higher. Although it has half the population of the other 22 nations combined, the U.S. had 82 percent of all gun deaths, 90 percent of all women killed with guns, 91 percent of children under 14 and 92 percent of young people between ages 15 and 24 killed with guns.
Gun violence is most common in poor urban areas and frequently associated with gang violence, often involving male juveniles or young adult males.Although mass shootings have been covered extensively in the media, mass shootings in the US account for a small fraction of gun-related deaths and the frequency of these events steadily declined between 1994 and 2007, rising between 2007 and 2013.
Legislation at the federal, state, and local levels has attempted to address gun violence through a variety of methods, including restricting firearms purchases by youths and other "at-risk" populations, setting waiting periods for firearm purchases, establishing gun buyback programs, law enforcement and policing strategies, stiff sentencing of gun law violators, education programs for parents and children, and community-outreach programs.
Despite widespread concern about the impacts of gun violence on public health, Congress has prohibited the Centers for Disease Control (CDC) from conducting research that advocates in favor of gun control. The CDC has interpreted this ban to extend to all research on gun violence prevention, and so has not funded any research on this subject since 1996
Click on any of the following blue hyperlinks for more about Gun Violence in the United States:
- Gun ownership including for Self-protection
- Suicides
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- Offenders
- Victims
- Public policy
- Prevention programs
- Intervention programs
- Research limitations
- See also:
- Crime in the United States
- Firearm death rates in the United States by state
- Gun show loophole
- Index of gun politics articles
- Gun violence – National Criminal Justice
- US Violent Crime – Data on US Violent Crime
- Gun Violence Archive – Data on each verified gun related incident, with annual statistics
- Report US Anti-gun violence activist art project, Eileen Boxer (2016)
- The Accessibility of Firearms and Risk for Suicide and Homicide Victimization Among Household Members – Anglemyer, Horvath, and Rutherford (2014)
- Guns in the Home and Risk of a Violent Death in the Home – Dahlberg, Ikeda, and Kresnow (2004)
Miranda Rights
- YouTube Video: You Have the Right to Remain Silent – California Bill Strengthens Miranda for Kids
- YouTube Video: Know Your Miranda Rights
- YouTube Video: TruTV's "Bait Car" Catches Cop Failing to Read Suspect Miranda Rights
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.
These rights are often referred to as Miranda rights. The purpose of such notification is to preserve the admissibility of their statements made during custodial interrogation in later criminal proceedings.
The language used in a Miranda warning varies between jurisdictions, but the warning is deemed adequate as long as the defendant's rights are properly disclosed such that any waiver of those rights by the defendant is knowing, voluntary, and intelligent. For example, the warning may be phrased as follows:
The Miranda warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination.
In Miranda v. Arizona (1966), the Supreme Court held that the admission of an elicited incriminating statement by a suspect not informed of these rights violates the Fifth Amendment and the Sixth Amendment right to counsel, through the incorporation of these rights into state law.
Thus, if law enforcement officials decline to offer a Miranda warning to an individual in their custody, they may interrogate that person and act upon the knowledge gained, but may not use that person's statements as evidence against them in a criminal trial.
Click on any of the following blue hyperlinks for more about Miranda Rights:
These rights are often referred to as Miranda rights. The purpose of such notification is to preserve the admissibility of their statements made during custodial interrogation in later criminal proceedings.
The language used in a Miranda warning varies between jurisdictions, but the warning is deemed adequate as long as the defendant's rights are properly disclosed such that any waiver of those rights by the defendant is knowing, voluntary, and intelligent. For example, the warning may be phrased as follows:
- "You have the right to remain silent.
- Anything you say can be used against you in court.
- You have the right to talk to a lawyer for advice before we ask you any questions.
- You have the right to have a lawyer with you during questioning.
- If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time."
The Miranda warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination.
In Miranda v. Arizona (1966), the Supreme Court held that the admission of an elicited incriminating statement by a suspect not informed of these rights violates the Fifth Amendment and the Sixth Amendment right to counsel, through the incorporation of these rights into state law.
Thus, if law enforcement officials decline to offer a Miranda warning to an individual in their custody, they may interrogate that person and act upon the knowledge gained, but may not use that person's statements as evidence against them in a criminal trial.
Click on any of the following blue hyperlinks for more about Miranda Rights:
- Origin and development of Miranda rights
- The warnings
- The six rules
- Application of the prerequisites
- Waiver
- Assertion
- Exceptions including Public safety exception
- Consequences of violation
- Related doctrines
- Confusion regarding use
- Equivalent rights in other countries
- See also:
- Arrest
- Civil rights
- Criminal justice
- Garrity Warning
- Joe Jacquot
- Kalkines Warning
- Right to silence
- Uniform Code of Military Justice
- United States constitutional criminal procedure
- Don't Talk to the Police — Lecture by Professor James Duane of the Regent University School of Law and Officer George Bruch from the Virginia Beach police department.
- Miranda Rights and Illegal Immigrants on Real Law Radio—Host Bob DiCello discusses the Miranda rights of illegal immigrants in Arizona with author, Gary L. Stuart on the legal news talk radio program, Real Law Radio (Saturday, May 8, 2010).
- Shahzad and Miranda Rights Prof. Orin Kerr
Constitutional Law in the United States
- YouTube Video: US Constitutional Law: A short guide
- YouTube Video: Supreme Court Cases For Dummies: US History Review
- YouTube Video: Constitutional law professor Laurence Tribe: Trump ‘regards himself as above the law’
United States constitutional law is the body of law governing the interpretation and implementation of the United States Constitution.
Click on any of the following blue hyperlinks for more about U.S. Constitutional Law:
Click on any of the following blue hyperlinks for more about U.S. Constitutional Law:
- Interpreting the Constitution and the authority of the Supreme Court
- Federalism
- Limiting the power of the three branches—the system of "checks and balances"
- The Takings Clause
- Freedom of expression
- Freedom of religion
- Sources
- See also:
Minneapolis Police Officer Derek Chauvin and his Trial for Murdering George Floyd Pictured below: Two shots of Chauvin choking George Floyd with his knee
Murder of George Floyd
On May 25, 2020, George Floyd, a 46-year-old black man, was murdered in Minneapolis, Minnesota, United States, while being arrested on suspicion of using a counterfeit $20 bill.
During the arrest, Derek Chauvin, a white police officer with the Minneapolis Police Department, knelt on Floyd's neck for 9 minutes and 29 seconds after he was handcuffed and lying face down.
Two other police officers, J. Alexander Kueng and Thomas Lane, assisted Chauvin in restraining Floyd. A fourth police officer, Tou Thao, prevented bystanders from interfering.
While handcuffed and prior to being placed on the ground, Floyd had exhibited signs of anxiety and complained about being unable to breathe. After being restrained he became more distressed, complaining of breathing difficulties and the knee on his neck, and expressing fear of imminent death.
After several minutes Floyd stopped speaking. For a further two minutes, he lay motionless and Officer Kueng found no pulse when urged to check. Despite this, Chauvin refused pleas to lift his knee until told to do so by medics.
The following day, after videos made by witnesses and security cameras became public, all four officers were dismissed. Two autopsies found Floyd's death to be a homicide. Chauvin was later convicted of second-degree unintentional murder, third-degree murder, and second-degree manslaughter.
Kueng, Lane, and Thao are charged with aiding and abetting second-degree murder. Chauvin's trial began on March 8, 2021, and concluded on April 20, 2021, while the trial of the other three officers is scheduled to begin August 23, 2021.
On March 12, Minneapolis agreed to pay $27 million to settle a wrongful death lawsuit brought by Floyd's family.
Floyd's murder led to worldwide protests against police brutality, police racism, and lack of police accountability. In early June, the Minneapolis City Council voted an intent to restructure the police department as a "new community-based system of public safety".
However, the city council's proposal, which became subject to an indefinite review by the Minneapolis City Charter Commission, failed to make the 2020 general ballot. The Minneapolis Police Chief cancelled contract negotiations with the police union and announced plans to bring in outside experts to examine how the union contract can be restructured to provide transparency and "flexibility for true reform".
People involved:
George Floyd:
Main article: George Floyd
George Perry Floyd Jr. was a black American born in Fayetteville, North Carolina, and raised in the Third Ward of Houston, Texas. In 2014, he moved to the Minneapolis, Minnesota, area. He resided in the nearby suburb of St. Louis Park, and was a frequent customer at the Cup Foods convenience store in Powderhorn Park, Minneapolis.
Derek Chauvin
Main article: Derek Chauvin
At the time of Floyd's death, Derek Michael Chauvin, a white American, was a 44-year-old police officer in the Minneapolis Police Department. He had served in the department since 2001.
Chauvin and Floyd sometimes worked overlapping shifts as security guards for a local nightclub, but the club's former owner was unsure of the extent to which they knew each other.
Tou ThaoTou Thao, a Hmong-American, was age 34 at the time of Floyd's death and started as a part-time community service officer in 2008. He graduated from the police academy in 2009.
After a two-year layoff, he resumed work for the police in 2012. Six complaints had been filed against Thao, none resulting in disciplinary action. In 2014, a man claimed Thao handcuffed him without cause, threw him to the ground, and punched, kicked, and kneed him; the man's teeth were broken and he was hospitalized. The resulting lawsuit was settled for $25,000.
J. Alexander Kueng and Thomas Lane:
James Alexander Kueng (age 26 at the time of Floyd's death) and Thomas Kiernan Lane (age 37 at the time of Floyd's death were licensed as law enforcement officers in August 2019.
Kueng is black, and Lane is white. They had trained together. Chauvin was the superior officer responsible for the majority of Kueng's field training. On May 3, 2020, video of an arrest incident in Minneapolis showed Chauvin, Kueng, Lane, and another officer roughly detaining a man on the ground as bystanders pleaded for the officers to show mercy.
Kueng and Lane were with Chauvin as the day was part of their field training. The man, whom they detained wrongfully, said he had trouble breathing, and the incident was later said to be similar to the arrest of George Floyd on May 25, 2020. Kueng and Lane were in their first week as Minneapolis police officers when Floyd was killed.
Arrest and murder:
Initial events:
The evening of May 25, 2020, at sometime before 8:00 pm, Floyd purchased cigarettes at Cup Foods, a grocery store at the intersection of East 38th Street and Chicago Avenue in the Powderhorn Park neighborhood of Minneapolis.
A store employee believed Floyd had paid with a counterfeit $20 bill. Employees of the store approached Floyd while he was in his vehicle and demanded that Floyd return the cigarettes; he refused. A store employee called the police to report that Floyd had passed "fake bills", was "awfully drunk", and "not in control of himself".
The interaction between Floyd and the employees was recorded by the restaurant's security camera.
At 8:08, Kueng and Lane arrived, briefly entering Cup Foods before crossing the street to Floyd's SUV. Lane tapped his flashlight on the window, startling Floyd. He asked Floyd to show his hands, and tapped again when he did not obey. Floyd apologized as he opened the car door.
Lane instructed him three more times to show his hands. Six seconds after the door opened, he drew his gun and ordered Floyd to show his hands. When Floyd complied, Lane holstered his weapon.
Someone parked behind Floyd's SUV began recording a video at 8:10.Following a brief struggle, Lane pulled Floyd from the SUV and handcuffed him.
At 8:12, Kueng sat Floyd on the sidewalk against the wall in front of the restaurant. Lane asked Floyd if he is "on something right now", and Floyd replied "No, nothing".
Kueng told Floyd he was acting "real erratic" and Floyd said that he was scared. Kueng asked Floyd about foam around his mouth, to which Floyd responded that he had been "hooping" earlier. Floyd then said he was calming down, and remarked, "I'm feeling better now."
At 8:13, Kueng and Lane told Floyd he was under arrest and walked him to their police car across the street. Floyd fell to the ground next to the car; the officers picked him up and placed him against the car's door. Floyd told the officers that he was not resisting, but that he was recovering from COVID-19, that he was claustrophobic and had anxiety, and that he did not want to sit in the car.
While Kueng and Lane attempted to put him in the car, Floyd begged them not to, repeatedly saying "I can't breathe" and offering to lie on the ground instead. A Minneapolis Park Police officer arrived and guarded Floyd's vehicle (across the street by the restaurant) and the two people who had been in it with Floyd.
At 8:17, Chauvin and Thao arrived in a third police car joining Kueng and Lane with Chauvin assuming command. He asked if Floyd was going to jail, and Kueng replied that he was arrested for forgery. Floyd said "I can't fucking breathe" twice. Around 8:18, security footage from Cup Foods shows Kueng struggling with Floyd for at least a minute in the driver side backseat while Thao watches.
According to The New York Times, at 8:19, Chauvin pulled Floyd across the backseat from the driver side to the passenger side. Then, according to NPR, Floyd exited the vehicle, either pulled out by police or pushing himself out. Still handcuffed, he fell to the pavement.
Chauvin kneels on Floyd's neck:
While Floyd lay on his chest with his cheek to the ground, Chauvin knelt on his neck. Floyd stopped moving around 8:20, though he was still conscious. Multiple witnesses began to film the encounter, and their videos were circulated widely on the internet.
At 8:20, a witness across the street began recording video showing Chauvin kneeling on Floyd's neck, Kueng applying pressure to Floyd's torso, and Lane applying pressure to Floyd's legs, while Thao stood nearby. This witness stopped filming when one of the officers ordered him to leave. Also at 8:20, a second person, standing near the entrance of Cup Foods, began recording the incident.
Floyd can be heard repeatedly saying "I can't breathe", "Please", and "Mama"; Lane then asked for an ambulance for Floyd, "for one bleeding from the mouth". Floyd repeated at least 16 times that he could not breathe. At one point a witness said: "You got him down. Let him breathe."
After Floyd said, "I'm about to die", Chauvin told him to "relax". An officer asked Floyd, "What do you want?"; Floyd answered, "I can't breathe". Floyd said, "Please, the knee in my neck, I can't breathe."
At approximately 8:22, the officers called for an ambulance on a non-emergency basis, escalating the call to emergency status a minute later. Chauvin continued to kneel on Floyd's neck.
A passerby yelled to Floyd, "Well, get up, get in the car, man", and Floyd, still handcuffed and face down on the pavement, responded, "I can't", while Chauvin's knee remained on his neck. Floyd cried out "Mama!" twice. Floyd said, "My stomach hurts, my neck hurts, everything hurts", requested water, and begged, "Don't kill me."
One witness pointed out that Floyd was bleeding from the nose. Another told the officers that Floyd was "not even resisting arrest right now". Thao countered that Floyd was "talking, he's fine"; a witness replied that Floyd "ain't fine ... Get him off the ground ... You could have put him in the car by now. He's not resisting arrest or nothing. You're enjoying it. Look at you. Your body language explains it." As Floyd continued to cry for help, Thao said to witnesses: "This is why you don't do drugs, kids."
By 8:25, Floyd appeared unconscious, and bystanders confronted the officers about Floyd's condition. Chauvin pulled out mace to keep bystanders away as Thao moved between them and Chauvin.
Bystanders repeatedly yelled that Floyd was "not responsive right now" and urged the officers to check his pulse. Kueng checked Floyd's wrist but found no pulse; the officers did not attempt to provide Floyd with medical assistance.
According to the criminal complaint against Chauvin, Lane asked Chauvin twice if they should move Floyd onto his side, and Chauvin said no.
Medical response and death:
At 8:27 pm, a Hennepin County ambulance arrived. Shortly thereafter, a young relative of the owner of Cup Foods attempted to intervene, but was pushed back by Thao.
Emergency medical technicians checked Floyd's pulse. Chauvin kept his knee on Floyd's neck for almost a minute after the ambulance arrived, despite Floyd being silent and motionless. Prosecutors said that Chauvin's knee was on Floyd's neck for seven minutes and forty-six seconds.
Around 8:29, Floyd was lifted by paramedics onto a stretcher, then loaded into an ambulance. Lane boarded the ambulance and checked Floyd's pulse at his neck, and a medic instructed him to perform cardiopulmonary resuscitation. A medical device was placed on Floyd's chest to provide mechanical chest compressions, and the ambulance departed for Hennepin County Medical Center.
En route, the ambulance requested assistance from the Minneapolis Fire Department. At 8:32, firefighters arrived at Cup Foods; according to their report, the police officers gave no clear information regarding Floyd's condition or whereabouts, which delayed their ability to find the ambulance.
Meanwhile, the ambulance reported that Floyd was entering cardiac arrest and again requested assistance, asking firefighters to meet them at the corner of 36th Street and Park Avenue. Five minutes later, the fire department reached the ambulance; two fire department medics who boarded the ambulance found Floyd unresponsive and pulseless.
Floyd was pronounced dead at 9:25 at the Hennepin County Medical Center emergency room.
Investigations and criminal charges:
Minneapolis police response:
Early on May 26, the Minneapolis Police Department issued a statement which said nothing about Chauvin kneeling on Floyd's neck. "After Floyd got out [of his car], he physically resisted officers. Officers were able to get the suspect into handcuffs and noted he appeared to be suffering medical distress."
Hours later, witness and security camera video circulating on the internet showed Chauvin kneeling on Floyd's neck. The department updated its statement by stating that new information had "been made available" and that the FBI was joining the investigation.
The four officers were briefly placed on paid administrative leave before being fired later that day. On June 17 the Minnesota Board of Peace Officer Standards and Training took up a review of the four officers' law-enforcement licenses.
Autopsies:
Two sets of autopsy results publicized on June 1, 2020, determined that Floyd's death was a homicide. The conclusions, one by a local government official and one by doctors working for Floyd's family, differed over whether there were contributing factors, and whether the agreed cause, restraint and neck compression, was combined with subdual orasphyxiation.
Andrew Baker, a pathologist and the chief medical examiner for Hennepin County since 2004, performed an autopsy examination at 9:25 a.m. on May 26. Prosecutors who were filing charges against Chauvin summarized portions of preliminary findings in court documents that were released publicly on May 29.
Floyd's final autopsy findings, issued June 1, found that Floyd's heart stopped while he was being restrained and that his death was a homicide caused by "cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression".
Fentanyl intoxication and recent methamphetamine use may have increased the likelihood of death. The amount of fentanyl measured in his system was 11 nanograms per milliliter.
Other significant conditions were arteriosclerotic heart disease and hypertensive heart disease, including an enlarged heart, one artery 90% blocked, and two others 75% narrowed.
The report states that on April 3 Floyd had tested positive for SARS-CoV-2, the virus that causes COVID-19, but does not list it as a fatal or other significant condition.
Attorneys for Floyd's family announced on May 29 that they would commission a second autopsy. It was carried out on May 31 by Michael Baden, a pathologist and former New York City chief medical examiner, and by Allecia Wilson, a pathologist and director of autopsy and forensic services at the University of Michigan Medical School. They announced their results on June 1, a few hours before Baker's final findings were issued.
From the evidence available to them, which did not include a toxicology report or unspecified bodily samples, they found that Floyd's death was a homicide caused by asphyxia due to neck and back compression. Also, Floyd had no underlying medical problem that contributed to his death. They said neck compression affected blood flow to the brain, being able to speak does not mean that someone is able to breathe and Floyd apparently died at the scene.
Federal investigation:
On May 26, the FBI announced it was reviewing the incident at the request of the Minneapolis Police Department.
On May 28, the United States Department of Justice released a joint statement with the FBI, saying that their investigation into Floyd's death was "a top priority" and outlining the investigation's next steps: a "comprehensive investigation will compile all available information and thoroughly evaluate evidence and information obtained from witnesses ... If it is determined that there has been a violation of federal law, criminal charges will be sought".
In February 2021, the United States Department of Justice empaneled a grand jury in Minneapolis as part of a federal investigation into Chauvin.
Failed plea bargain:
On May 28, state and federal prosecutors held a press conference at a regional FBI office in Brooklyn Center, a Minneapolis suburb, in what was anticipated to be a major development to the case against the officers who were at the scene of Floyd's death.
Hennepin County Attorney Michael O. Freeman, the local official with jurisdiction to bring forth criminal charges for police misconduct, said his office needed more time to investigate.
In explaining the anticipation of the media briefing and its two-hour delayed start, U.S. Attorney Erica MacDonald said, "I thought we would have another development to talk to you about, but we don’t." On June 9, it was revealed that state and federal prosecutors had discussed a plea deal with Chauvin that would have included state murder charges and federal civil rights charges.
Still, the deal fell apart after United States Attorney General William Barr rejected the arrangement. Chauvin believed his prospects of winning at trial could be poor, and was willing to plead guilty to third-degree murder for a ten-year prison sentence. As he would have gone to federal prison, the federal government was involved. Barr worried that protestors might view the agreement as too lenient and prefer a full investigation.
State criminal charges:
On May 29, Chauvin was charged with third-degree murder and second-degree manslaughter, and held at Oak Park Heights state prison. According to the criminal complaint, police are trained that the neck restraint that he applied "with a subject in prone position is inherently dangerous".
On June 3, the charge against Chauvin was upgraded to second-degree murder, and the three other officers were charged with aiding and abetting second-degree murder as well as aiding and abetting second-degree manslaughter.
State civil rights action:
The Minnesota Department of Human Rights opened an investigation into the practices of the Minneapolis Police Department on June 2. On June 5, the Minneapolis City Council authorized the mayor to enter a restraining order with the State of Minnesota banning chokeholds and neck restraints, requiring police officers to intervene against other officers' use of excessive force, and requiring authorization from the police chief or other designate before using crowd-control weapons such as chemical agents and rubber bullets.
On June 8, a Hennepin County Court judge ordered the Minneapolis Police Department to cooperate with a civil rights investigation, and extended the restrictions on the department to require that the chief make discipline decisions in a timely and transparent manner, and that certain outside investigators be given authority to audit body-worn camera footage and to file or amend complaints on behalf of the Minneapolis Civil Rights Department.
Civil litigation and settlement:
The family of George Floyd filed a wrongful death lawsuit in federal court in July 2020 against the City of Minneapolis and the four former police officers involved in the murder.
The complaint said Floyd's Fourth Amendment rights were violated by "excessive use of unjustified, excessive, illegal, and deadly force." The lawsuit did not specify the amount of monetary damages the family sought.
On March 12, 2021, the City of Minneapolis announced a settlement with Floyd's family for $27 million. It was approved unanimously by the City Council. Family lawyer Ben Crump described it as the "largest pre-trial settlement in a civil rights wrongful death case in U.S. history."
The settlement surpassed the previous record for Minneapolis of $20 million, paid in 2019 in the shooting of Justine Damond. The city allocated $500,000 "for the benefit of the community around 38th and Chicago", the street intersection where Floyd died.
Trial of Chauvin:
Main article: State v. Chauvin
Chauvin's trial commenced in Minneapolis on March 8, 2021, in Hennepin County District Court. Opening statements occurred on March 29, 2021, and closing arguments on April 19, 2021.
On April 20, 2021, the jury found Chauvin guilty of all charges, including second-degree murder, third-degree murder and second-degree manslaughter. Sentencing is due to take place eight weeks after the verdict.
Following Chauvin's conviction, Judge Cahill revoked his bail and Chauvin was taken back into police custody due to flight risks and the dangers of publicity that this case has brought.
Trial of Kueng, Lane, and Thao:
Pre-trial proceedings:
On June 10, 2020, Lane was released on bail; his attorney asserted that he warned Chauvin of the danger of severe harm to Floyd, and that doing so was all that was required under Minneapolis police regulations at the time. On June 19, Kueng became the second charged officer to be released on bail. Thao then followed suit on July 4.
Trial schedule:
Kueng, Lane, and Thao will all stand trial together, beginning on August 23, 2021.
Memorials, protests, and other reactions:
The area near the location where Floyd was murdered became a makeshift memorial throughout May 26, with many placards paying tribute to him and referencing the Black Lives Matter movement.
As the day progressed, more people came to demonstrate against Floyd's death. Hundreds of people, then marched to the 3rd Precinct of the Minneapolis Police.
Participants used posters and slogans with phrases such as "Justice for George", "I can't breathe", and "Black Lives Matter". On September 18, the Minneapolis City Council approved designating the section of Chicago Avenue between 37th and 39th Streets as George Perry Floyd Jr. Place, with a marker at the intersection with 38th Street where the incident took place. The intersection has been closed and occupied by demonstrators who said they won't leave until their demands regarding anti-racism and property tax are met.
Unrest began in local protests in the Minneapolis–Saint Paul area before quickly spreading nationwide and in over 60 countries internationally supporting Black Lives Matter. Over 2,000 cities in the US have seen demonstrations as of June 13.
While the majority of protests have been peaceful, demonstrations in some cities descended into riots and looting, with more being marked by street skirmishes and significant police brutality, notably against peaceful protesters and reporters.
At least 200 cities in the U.S. had imposed curfews by June 3, while more than 30 states and Washington, D.C, activated over 62,000 National Guard personnel due to the mass unrest.
The protests were initially peaceful, but later there was vandalism of stores; at the 3rd Precinct police station windows were broken and fires set.
Police in riot gear used tear gas, flash grenades, rubber bullets and smoke bombs, and some protesters threw rocks at the police. The media highlighted the apparent differences in aggression between the police response to these protests versus the more restrained response to the 2020 United States anti-lockdown protests featuring gun-wielding white protesters. This sentiment also spread on social media by groups such as Black Lives Matter.
While peaceful protests continued, others again became violent after sundown, with the pattern repeating for several days. As of June 9, the Star Tribune estimated 570 businesses in the Minneapolis–Saint Paul area had been vandalized or destroyed, including 67 destroyed by fire.
Following the rioting, a nighttime curfew in Minneapolis–Saint Paul and Dakota County was established on May 29. 500 Minnesota National Guard soldiers were later dispatched to the area to enforce the curfew, but to little effect, with about 1,000 protesters being able to march peacefully on Interstate 35 well into curfew.
A public memorial, with Al Sharpton delivering the eulogy, was held June 4 at North Central University in Minneapolis. A public viewing and a family memorial was held in Raeford, North Carolina on June 6, near Floyd's hometown. Floyd's family held a public memorial in Houston on June 8, and a private service on June 9
The family said professional boxer Floyd Mayweather paid for the services Floyd's body was on public view on June 8 in his hometown of Houston. Former Vice President and the 2020 Democratic nominee, Joe Biden, met with the Floyd family privately and gave a video message at the funeral. Floyd is buried next to his mother in Pearland, Texas.
Mass protests demanding justice for George Floyd, in some cases also to demonstrate against issues with police brutality in their own countries, took place in over 2,000 cities in the US and around the world, including:
On May 30, 12 states called up the National Guard, and at least 12 major cities imposed curfews that weekend. By June 14, protests had extended into a third week after Floyd's death in many cities, accompanied by calls to reform and defund police departments throughout the United States.
The length of time that Chauvin was originally reported to have had his knee on Floyd's neck, 8:46, was widely commemorated as a "moment of silence" to honor Floyd. It was also used in chants, protest signs, and messages, as were the words "I can't breathe".
Numerous statues and monuments honoring persons or events associated with slavery and racism were vandalized, removed, or destroyed during the protests in the U.S. and elsewhere.
Darnella Frazier, the 17-year-old who filmed Floyd's restraint on her cell phone, received the 2020 PEN/Benenson Courage Award from PEN America. The award was presented to her at an awards ceremony in December 2020 by film director Spike Lee. PEN America CEO Suzanne Nossel said that Frazier's act sparked a "bold movement demanding an end to systemic anti-black racism and violence at the hands of police."
Conspiracy theories regarding the nature of Floyd's death and subsequent protests began spreading soon after the murder. Winnie Heartstrong, a Republican candidate for Congress, asserted that the footage of Floyd's murder was "created using deepfake technology – digital composites of two or more real persons", that the "real" Floyd had died in 2016, and that actors had been substituted in the roles of Floyd and Chauvin.
Misinformation was spread about the presence of Antifa at protests after the murder, including assertions that they had been given a "training manual" on tactics to cause unrest by Democrats; some, including Texan agricultural commissioner Sid Miller, claimed that the protests were funded by George Soros.
According to Zignal Labs, 873,000 pieces of misinformation were linked to the protests; 575,800 of those mentioned Antifa. The Los Angeles Times said on June 22, 2020, that some theories had been "amplified by a growing number of people on the far right, including some Republican leaders" but that "some Republicans (had) begun pushing back" on false claims and those spreading rumors.
Some pundits, such as Fox News host Tucker Carlson and Candace Owens, said before Chauvin's trial that Floyd had died of drug-related complications or an overdose.
Cynthia Brehm, the head of the Republican Party in Bexar County, Texas, said that the murder was a "staged event." Other conspiracy theories include the assertion that Darnella Frazier was paid to film the arrest, that those involved were crisis actors and a nearby building to the location of the murder was a Freemason lodge involved in the killing.
During the initial stages of the protests, then-president Donald Trump tweeted that "ANTIFA led anarchists" were the causes of unrest. He also pledged, in other tweets, to have Antifa designated as a "terrorist organization", referred to protesters as "THUGS" and utilized the phrase "when the looting starts, the shooting starts", an expression associated with Miami police chief Walter Headley, who said that his department "didn't mind being accused of police brutality."
See also
On May 25, 2020, George Floyd, a 46-year-old black man, was murdered in Minneapolis, Minnesota, United States, while being arrested on suspicion of using a counterfeit $20 bill.
During the arrest, Derek Chauvin, a white police officer with the Minneapolis Police Department, knelt on Floyd's neck for 9 minutes and 29 seconds after he was handcuffed and lying face down.
Two other police officers, J. Alexander Kueng and Thomas Lane, assisted Chauvin in restraining Floyd. A fourth police officer, Tou Thao, prevented bystanders from interfering.
While handcuffed and prior to being placed on the ground, Floyd had exhibited signs of anxiety and complained about being unable to breathe. After being restrained he became more distressed, complaining of breathing difficulties and the knee on his neck, and expressing fear of imminent death.
After several minutes Floyd stopped speaking. For a further two minutes, he lay motionless and Officer Kueng found no pulse when urged to check. Despite this, Chauvin refused pleas to lift his knee until told to do so by medics.
The following day, after videos made by witnesses and security cameras became public, all four officers were dismissed. Two autopsies found Floyd's death to be a homicide. Chauvin was later convicted of second-degree unintentional murder, third-degree murder, and second-degree manslaughter.
Kueng, Lane, and Thao are charged with aiding and abetting second-degree murder. Chauvin's trial began on March 8, 2021, and concluded on April 20, 2021, while the trial of the other three officers is scheduled to begin August 23, 2021.
On March 12, Minneapolis agreed to pay $27 million to settle a wrongful death lawsuit brought by Floyd's family.
Floyd's murder led to worldwide protests against police brutality, police racism, and lack of police accountability. In early June, the Minneapolis City Council voted an intent to restructure the police department as a "new community-based system of public safety".
However, the city council's proposal, which became subject to an indefinite review by the Minneapolis City Charter Commission, failed to make the 2020 general ballot. The Minneapolis Police Chief cancelled contract negotiations with the police union and announced plans to bring in outside experts to examine how the union contract can be restructured to provide transparency and "flexibility for true reform".
People involved:
George Floyd:
Main article: George Floyd
George Perry Floyd Jr. was a black American born in Fayetteville, North Carolina, and raised in the Third Ward of Houston, Texas. In 2014, he moved to the Minneapolis, Minnesota, area. He resided in the nearby suburb of St. Louis Park, and was a frequent customer at the Cup Foods convenience store in Powderhorn Park, Minneapolis.
Derek Chauvin
Main article: Derek Chauvin
At the time of Floyd's death, Derek Michael Chauvin, a white American, was a 44-year-old police officer in the Minneapolis Police Department. He had served in the department since 2001.
Chauvin and Floyd sometimes worked overlapping shifts as security guards for a local nightclub, but the club's former owner was unsure of the extent to which they knew each other.
Tou ThaoTou Thao, a Hmong-American, was age 34 at the time of Floyd's death and started as a part-time community service officer in 2008. He graduated from the police academy in 2009.
After a two-year layoff, he resumed work for the police in 2012. Six complaints had been filed against Thao, none resulting in disciplinary action. In 2014, a man claimed Thao handcuffed him without cause, threw him to the ground, and punched, kicked, and kneed him; the man's teeth were broken and he was hospitalized. The resulting lawsuit was settled for $25,000.
J. Alexander Kueng and Thomas Lane:
James Alexander Kueng (age 26 at the time of Floyd's death) and Thomas Kiernan Lane (age 37 at the time of Floyd's death were licensed as law enforcement officers in August 2019.
Kueng is black, and Lane is white. They had trained together. Chauvin was the superior officer responsible for the majority of Kueng's field training. On May 3, 2020, video of an arrest incident in Minneapolis showed Chauvin, Kueng, Lane, and another officer roughly detaining a man on the ground as bystanders pleaded for the officers to show mercy.
Kueng and Lane were with Chauvin as the day was part of their field training. The man, whom they detained wrongfully, said he had trouble breathing, and the incident was later said to be similar to the arrest of George Floyd on May 25, 2020. Kueng and Lane were in their first week as Minneapolis police officers when Floyd was killed.
Arrest and murder:
Initial events:
The evening of May 25, 2020, at sometime before 8:00 pm, Floyd purchased cigarettes at Cup Foods, a grocery store at the intersection of East 38th Street and Chicago Avenue in the Powderhorn Park neighborhood of Minneapolis.
A store employee believed Floyd had paid with a counterfeit $20 bill. Employees of the store approached Floyd while he was in his vehicle and demanded that Floyd return the cigarettes; he refused. A store employee called the police to report that Floyd had passed "fake bills", was "awfully drunk", and "not in control of himself".
The interaction between Floyd and the employees was recorded by the restaurant's security camera.
At 8:08, Kueng and Lane arrived, briefly entering Cup Foods before crossing the street to Floyd's SUV. Lane tapped his flashlight on the window, startling Floyd. He asked Floyd to show his hands, and tapped again when he did not obey. Floyd apologized as he opened the car door.
Lane instructed him three more times to show his hands. Six seconds after the door opened, he drew his gun and ordered Floyd to show his hands. When Floyd complied, Lane holstered his weapon.
Someone parked behind Floyd's SUV began recording a video at 8:10.Following a brief struggle, Lane pulled Floyd from the SUV and handcuffed him.
At 8:12, Kueng sat Floyd on the sidewalk against the wall in front of the restaurant. Lane asked Floyd if he is "on something right now", and Floyd replied "No, nothing".
Kueng told Floyd he was acting "real erratic" and Floyd said that he was scared. Kueng asked Floyd about foam around his mouth, to which Floyd responded that he had been "hooping" earlier. Floyd then said he was calming down, and remarked, "I'm feeling better now."
At 8:13, Kueng and Lane told Floyd he was under arrest and walked him to their police car across the street. Floyd fell to the ground next to the car; the officers picked him up and placed him against the car's door. Floyd told the officers that he was not resisting, but that he was recovering from COVID-19, that he was claustrophobic and had anxiety, and that he did not want to sit in the car.
While Kueng and Lane attempted to put him in the car, Floyd begged them not to, repeatedly saying "I can't breathe" and offering to lie on the ground instead. A Minneapolis Park Police officer arrived and guarded Floyd's vehicle (across the street by the restaurant) and the two people who had been in it with Floyd.
At 8:17, Chauvin and Thao arrived in a third police car joining Kueng and Lane with Chauvin assuming command. He asked if Floyd was going to jail, and Kueng replied that he was arrested for forgery. Floyd said "I can't fucking breathe" twice. Around 8:18, security footage from Cup Foods shows Kueng struggling with Floyd for at least a minute in the driver side backseat while Thao watches.
According to The New York Times, at 8:19, Chauvin pulled Floyd across the backseat from the driver side to the passenger side. Then, according to NPR, Floyd exited the vehicle, either pulled out by police or pushing himself out. Still handcuffed, he fell to the pavement.
Chauvin kneels on Floyd's neck:
While Floyd lay on his chest with his cheek to the ground, Chauvin knelt on his neck. Floyd stopped moving around 8:20, though he was still conscious. Multiple witnesses began to film the encounter, and their videos were circulated widely on the internet.
At 8:20, a witness across the street began recording video showing Chauvin kneeling on Floyd's neck, Kueng applying pressure to Floyd's torso, and Lane applying pressure to Floyd's legs, while Thao stood nearby. This witness stopped filming when one of the officers ordered him to leave. Also at 8:20, a second person, standing near the entrance of Cup Foods, began recording the incident.
Floyd can be heard repeatedly saying "I can't breathe", "Please", and "Mama"; Lane then asked for an ambulance for Floyd, "for one bleeding from the mouth". Floyd repeated at least 16 times that he could not breathe. At one point a witness said: "You got him down. Let him breathe."
After Floyd said, "I'm about to die", Chauvin told him to "relax". An officer asked Floyd, "What do you want?"; Floyd answered, "I can't breathe". Floyd said, "Please, the knee in my neck, I can't breathe."
At approximately 8:22, the officers called for an ambulance on a non-emergency basis, escalating the call to emergency status a minute later. Chauvin continued to kneel on Floyd's neck.
A passerby yelled to Floyd, "Well, get up, get in the car, man", and Floyd, still handcuffed and face down on the pavement, responded, "I can't", while Chauvin's knee remained on his neck. Floyd cried out "Mama!" twice. Floyd said, "My stomach hurts, my neck hurts, everything hurts", requested water, and begged, "Don't kill me."
One witness pointed out that Floyd was bleeding from the nose. Another told the officers that Floyd was "not even resisting arrest right now". Thao countered that Floyd was "talking, he's fine"; a witness replied that Floyd "ain't fine ... Get him off the ground ... You could have put him in the car by now. He's not resisting arrest or nothing. You're enjoying it. Look at you. Your body language explains it." As Floyd continued to cry for help, Thao said to witnesses: "This is why you don't do drugs, kids."
By 8:25, Floyd appeared unconscious, and bystanders confronted the officers about Floyd's condition. Chauvin pulled out mace to keep bystanders away as Thao moved between them and Chauvin.
Bystanders repeatedly yelled that Floyd was "not responsive right now" and urged the officers to check his pulse. Kueng checked Floyd's wrist but found no pulse; the officers did not attempt to provide Floyd with medical assistance.
According to the criminal complaint against Chauvin, Lane asked Chauvin twice if they should move Floyd onto his side, and Chauvin said no.
Medical response and death:
At 8:27 pm, a Hennepin County ambulance arrived. Shortly thereafter, a young relative of the owner of Cup Foods attempted to intervene, but was pushed back by Thao.
Emergency medical technicians checked Floyd's pulse. Chauvin kept his knee on Floyd's neck for almost a minute after the ambulance arrived, despite Floyd being silent and motionless. Prosecutors said that Chauvin's knee was on Floyd's neck for seven minutes and forty-six seconds.
Around 8:29, Floyd was lifted by paramedics onto a stretcher, then loaded into an ambulance. Lane boarded the ambulance and checked Floyd's pulse at his neck, and a medic instructed him to perform cardiopulmonary resuscitation. A medical device was placed on Floyd's chest to provide mechanical chest compressions, and the ambulance departed for Hennepin County Medical Center.
En route, the ambulance requested assistance from the Minneapolis Fire Department. At 8:32, firefighters arrived at Cup Foods; according to their report, the police officers gave no clear information regarding Floyd's condition or whereabouts, which delayed their ability to find the ambulance.
Meanwhile, the ambulance reported that Floyd was entering cardiac arrest and again requested assistance, asking firefighters to meet them at the corner of 36th Street and Park Avenue. Five minutes later, the fire department reached the ambulance; two fire department medics who boarded the ambulance found Floyd unresponsive and pulseless.
Floyd was pronounced dead at 9:25 at the Hennepin County Medical Center emergency room.
Investigations and criminal charges:
Minneapolis police response:
Early on May 26, the Minneapolis Police Department issued a statement which said nothing about Chauvin kneeling on Floyd's neck. "After Floyd got out [of his car], he physically resisted officers. Officers were able to get the suspect into handcuffs and noted he appeared to be suffering medical distress."
Hours later, witness and security camera video circulating on the internet showed Chauvin kneeling on Floyd's neck. The department updated its statement by stating that new information had "been made available" and that the FBI was joining the investigation.
The four officers were briefly placed on paid administrative leave before being fired later that day. On June 17 the Minnesota Board of Peace Officer Standards and Training took up a review of the four officers' law-enforcement licenses.
Autopsies:
Two sets of autopsy results publicized on June 1, 2020, determined that Floyd's death was a homicide. The conclusions, one by a local government official and one by doctors working for Floyd's family, differed over whether there were contributing factors, and whether the agreed cause, restraint and neck compression, was combined with subdual orasphyxiation.
Andrew Baker, a pathologist and the chief medical examiner for Hennepin County since 2004, performed an autopsy examination at 9:25 a.m. on May 26. Prosecutors who were filing charges against Chauvin summarized portions of preliminary findings in court documents that were released publicly on May 29.
Floyd's final autopsy findings, issued June 1, found that Floyd's heart stopped while he was being restrained and that his death was a homicide caused by "cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression".
Fentanyl intoxication and recent methamphetamine use may have increased the likelihood of death. The amount of fentanyl measured in his system was 11 nanograms per milliliter.
Other significant conditions were arteriosclerotic heart disease and hypertensive heart disease, including an enlarged heart, one artery 90% blocked, and two others 75% narrowed.
The report states that on April 3 Floyd had tested positive for SARS-CoV-2, the virus that causes COVID-19, but does not list it as a fatal or other significant condition.
Attorneys for Floyd's family announced on May 29 that they would commission a second autopsy. It was carried out on May 31 by Michael Baden, a pathologist and former New York City chief medical examiner, and by Allecia Wilson, a pathologist and director of autopsy and forensic services at the University of Michigan Medical School. They announced their results on June 1, a few hours before Baker's final findings were issued.
From the evidence available to them, which did not include a toxicology report or unspecified bodily samples, they found that Floyd's death was a homicide caused by asphyxia due to neck and back compression. Also, Floyd had no underlying medical problem that contributed to his death. They said neck compression affected blood flow to the brain, being able to speak does not mean that someone is able to breathe and Floyd apparently died at the scene.
Federal investigation:
On May 26, the FBI announced it was reviewing the incident at the request of the Minneapolis Police Department.
On May 28, the United States Department of Justice released a joint statement with the FBI, saying that their investigation into Floyd's death was "a top priority" and outlining the investigation's next steps: a "comprehensive investigation will compile all available information and thoroughly evaluate evidence and information obtained from witnesses ... If it is determined that there has been a violation of federal law, criminal charges will be sought".
In February 2021, the United States Department of Justice empaneled a grand jury in Minneapolis as part of a federal investigation into Chauvin.
Failed plea bargain:
On May 28, state and federal prosecutors held a press conference at a regional FBI office in Brooklyn Center, a Minneapolis suburb, in what was anticipated to be a major development to the case against the officers who were at the scene of Floyd's death.
Hennepin County Attorney Michael O. Freeman, the local official with jurisdiction to bring forth criminal charges for police misconduct, said his office needed more time to investigate.
In explaining the anticipation of the media briefing and its two-hour delayed start, U.S. Attorney Erica MacDonald said, "I thought we would have another development to talk to you about, but we don’t." On June 9, it was revealed that state and federal prosecutors had discussed a plea deal with Chauvin that would have included state murder charges and federal civil rights charges.
Still, the deal fell apart after United States Attorney General William Barr rejected the arrangement. Chauvin believed his prospects of winning at trial could be poor, and was willing to plead guilty to third-degree murder for a ten-year prison sentence. As he would have gone to federal prison, the federal government was involved. Barr worried that protestors might view the agreement as too lenient and prefer a full investigation.
State criminal charges:
On May 29, Chauvin was charged with third-degree murder and second-degree manslaughter, and held at Oak Park Heights state prison. According to the criminal complaint, police are trained that the neck restraint that he applied "with a subject in prone position is inherently dangerous".
On June 3, the charge against Chauvin was upgraded to second-degree murder, and the three other officers were charged with aiding and abetting second-degree murder as well as aiding and abetting second-degree manslaughter.
State civil rights action:
The Minnesota Department of Human Rights opened an investigation into the practices of the Minneapolis Police Department on June 2. On June 5, the Minneapolis City Council authorized the mayor to enter a restraining order with the State of Minnesota banning chokeholds and neck restraints, requiring police officers to intervene against other officers' use of excessive force, and requiring authorization from the police chief or other designate before using crowd-control weapons such as chemical agents and rubber bullets.
On June 8, a Hennepin County Court judge ordered the Minneapolis Police Department to cooperate with a civil rights investigation, and extended the restrictions on the department to require that the chief make discipline decisions in a timely and transparent manner, and that certain outside investigators be given authority to audit body-worn camera footage and to file or amend complaints on behalf of the Minneapolis Civil Rights Department.
Civil litigation and settlement:
The family of George Floyd filed a wrongful death lawsuit in federal court in July 2020 against the City of Minneapolis and the four former police officers involved in the murder.
The complaint said Floyd's Fourth Amendment rights were violated by "excessive use of unjustified, excessive, illegal, and deadly force." The lawsuit did not specify the amount of monetary damages the family sought.
On March 12, 2021, the City of Minneapolis announced a settlement with Floyd's family for $27 million. It was approved unanimously by the City Council. Family lawyer Ben Crump described it as the "largest pre-trial settlement in a civil rights wrongful death case in U.S. history."
The settlement surpassed the previous record for Minneapolis of $20 million, paid in 2019 in the shooting of Justine Damond. The city allocated $500,000 "for the benefit of the community around 38th and Chicago", the street intersection where Floyd died.
Trial of Chauvin:
Main article: State v. Chauvin
Chauvin's trial commenced in Minneapolis on March 8, 2021, in Hennepin County District Court. Opening statements occurred on March 29, 2021, and closing arguments on April 19, 2021.
On April 20, 2021, the jury found Chauvin guilty of all charges, including second-degree murder, third-degree murder and second-degree manslaughter. Sentencing is due to take place eight weeks after the verdict.
Following Chauvin's conviction, Judge Cahill revoked his bail and Chauvin was taken back into police custody due to flight risks and the dangers of publicity that this case has brought.
Trial of Kueng, Lane, and Thao:
Pre-trial proceedings:
On June 10, 2020, Lane was released on bail; his attorney asserted that he warned Chauvin of the danger of severe harm to Floyd, and that doing so was all that was required under Minneapolis police regulations at the time. On June 19, Kueng became the second charged officer to be released on bail. Thao then followed suit on July 4.
Trial schedule:
Kueng, Lane, and Thao will all stand trial together, beginning on August 23, 2021.
Memorials, protests, and other reactions:
- Main articles: George Floyd protests and George Floyd protests in Minneapolis–Saint Paul
- See also: Reactions to the murder of George Floyd and George Floyd Square
The area near the location where Floyd was murdered became a makeshift memorial throughout May 26, with many placards paying tribute to him and referencing the Black Lives Matter movement.
As the day progressed, more people came to demonstrate against Floyd's death. Hundreds of people, then marched to the 3rd Precinct of the Minneapolis Police.
Participants used posters and slogans with phrases such as "Justice for George", "I can't breathe", and "Black Lives Matter". On September 18, the Minneapolis City Council approved designating the section of Chicago Avenue between 37th and 39th Streets as George Perry Floyd Jr. Place, with a marker at the intersection with 38th Street where the incident took place. The intersection has been closed and occupied by demonstrators who said they won't leave until their demands regarding anti-racism and property tax are met.
Unrest began in local protests in the Minneapolis–Saint Paul area before quickly spreading nationwide and in over 60 countries internationally supporting Black Lives Matter. Over 2,000 cities in the US have seen demonstrations as of June 13.
While the majority of protests have been peaceful, demonstrations in some cities descended into riots and looting, with more being marked by street skirmishes and significant police brutality, notably against peaceful protesters and reporters.
At least 200 cities in the U.S. had imposed curfews by June 3, while more than 30 states and Washington, D.C, activated over 62,000 National Guard personnel due to the mass unrest.
The protests were initially peaceful, but later there was vandalism of stores; at the 3rd Precinct police station windows were broken and fires set.
Police in riot gear used tear gas, flash grenades, rubber bullets and smoke bombs, and some protesters threw rocks at the police. The media highlighted the apparent differences in aggression between the police response to these protests versus the more restrained response to the 2020 United States anti-lockdown protests featuring gun-wielding white protesters. This sentiment also spread on social media by groups such as Black Lives Matter.
While peaceful protests continued, others again became violent after sundown, with the pattern repeating for several days. As of June 9, the Star Tribune estimated 570 businesses in the Minneapolis–Saint Paul area had been vandalized or destroyed, including 67 destroyed by fire.
Following the rioting, a nighttime curfew in Minneapolis–Saint Paul and Dakota County was established on May 29. 500 Minnesota National Guard soldiers were later dispatched to the area to enforce the curfew, but to little effect, with about 1,000 protesters being able to march peacefully on Interstate 35 well into curfew.
A public memorial, with Al Sharpton delivering the eulogy, was held June 4 at North Central University in Minneapolis. A public viewing and a family memorial was held in Raeford, North Carolina on June 6, near Floyd's hometown. Floyd's family held a public memorial in Houston on June 8, and a private service on June 9
The family said professional boxer Floyd Mayweather paid for the services Floyd's body was on public view on June 8 in his hometown of Houston. Former Vice President and the 2020 Democratic nominee, Joe Biden, met with the Floyd family privately and gave a video message at the funeral. Floyd is buried next to his mother in Pearland, Texas.
Mass protests demanding justice for George Floyd, in some cases also to demonstrate against issues with police brutality in their own countries, took place in over 2,000 cities in the US and around the world, including:
- New York City;
- Los Angeles;
- Chicago;
- Toronto;
- Mashhad;
- Milan;
- Columbus, Ohio;
- Denver;
- Des Moines;
- Houston;
- Louisville;
- Memphis;
- Charlotte, North Carolina;
- Oakland;
- Portland, Oregon;
- San Jose;
- Seattle;
- outside the White House in Washington;
- outside Chauvin's summer home in Windermere, Florida;
- and in many other locations.
On May 30, 12 states called up the National Guard, and at least 12 major cities imposed curfews that weekend. By June 14, protests had extended into a third week after Floyd's death in many cities, accompanied by calls to reform and defund police departments throughout the United States.
The length of time that Chauvin was originally reported to have had his knee on Floyd's neck, 8:46, was widely commemorated as a "moment of silence" to honor Floyd. It was also used in chants, protest signs, and messages, as were the words "I can't breathe".
Numerous statues and monuments honoring persons or events associated with slavery and racism were vandalized, removed, or destroyed during the protests in the U.S. and elsewhere.
Darnella Frazier, the 17-year-old who filmed Floyd's restraint on her cell phone, received the 2020 PEN/Benenson Courage Award from PEN America. The award was presented to her at an awards ceremony in December 2020 by film director Spike Lee. PEN America CEO Suzanne Nossel said that Frazier's act sparked a "bold movement demanding an end to systemic anti-black racism and violence at the hands of police."
Conspiracy theories regarding the nature of Floyd's death and subsequent protests began spreading soon after the murder. Winnie Heartstrong, a Republican candidate for Congress, asserted that the footage of Floyd's murder was "created using deepfake technology – digital composites of two or more real persons", that the "real" Floyd had died in 2016, and that actors had been substituted in the roles of Floyd and Chauvin.
Misinformation was spread about the presence of Antifa at protests after the murder, including assertions that they had been given a "training manual" on tactics to cause unrest by Democrats; some, including Texan agricultural commissioner Sid Miller, claimed that the protests were funded by George Soros.
According to Zignal Labs, 873,000 pieces of misinformation were linked to the protests; 575,800 of those mentioned Antifa. The Los Angeles Times said on June 22, 2020, that some theories had been "amplified by a growing number of people on the far right, including some Republican leaders" but that "some Republicans (had) begun pushing back" on false claims and those spreading rumors.
Some pundits, such as Fox News host Tucker Carlson and Candace Owens, said before Chauvin's trial that Floyd had died of drug-related complications or an overdose.
Cynthia Brehm, the head of the Republican Party in Bexar County, Texas, said that the murder was a "staged event." Other conspiracy theories include the assertion that Darnella Frazier was paid to film the arrest, that those involved were crisis actors and a nearby building to the location of the murder was a Freemason lodge involved in the killing.
During the initial stages of the protests, then-president Donald Trump tweeted that "ANTIFA led anarchists" were the causes of unrest. He also pledged, in other tweets, to have Antifa designated as a "terrorist organization", referred to protesters as "THUGS" and utilized the phrase "when the looting starts, the shooting starts", an expression associated with Miami police chief Walter Headley, who said that his department "didn't mind being accused of police brutality."
See also
- 2020 American athlete boycotts
- 2020–21 Minneapolis–Saint Paul racial justice protests
- List of killings by law enforcement officers in the United States
- Complaint – State of Minnesota v. Derek Michael Chauvin, Minnesota District Court, Fourth Judicial District, File No. 27-CR-20-12646. May 29, 2020.
- Amended Complaint – State of Minnesota v. Derek Michael Chauvin, Minnesota District Court, Fourth Judicial District, File No. 27-CR-20-12646. June 3, 2020.
- Complaint – State of Minnesota v. J Alexander Kueng, Minnesota District Court, Fourth Judicial District. June 3, 2020.
- Complaint – State of Minnesota v. Thomas Kiernan Lane, Minnesota District Court, Fourth Judicial District, File No. 27-CR-20-12951. June 3, 2020.
- Complaint – State of Minnesota v. Tou Thao, Minnesota District Court, Fourth Judicial District, File No. 27-CR-20-12949. June 3, 2020.
- Press Release Report: Floyd George Perry, Case No: 2020–3700. Hennepin County Medical Examiner. June 1, 2020.
- Autopsy Report, George Floyd, Deceased, ME No.: 20–3700. Hennepin County Medical Examiner. June 1, 2020. (20 pages.)
- Stipulation and Order, State of Minnesota v. City of Minneapolis Police Department, Minnesota District Court, Fourth Judicial District, File No. 27-CV-20-8182. June 8, 2020. Stipulation between City of Minneapolis and Minnesota Department of Human Rights and preliminary injunction.
- Transcripts of audio of Floyd's last moments, as recorded on Minneapolis police body camera footage and publicly filed on the state court record on July 8, 2020
Fraud in all its Forms
- YouTube Video: Inside The Fraud Factory | AARP LIVE
- YouTube Video: Enron - The Biggest Fraud in History
- YouTube Video of the Bernie Madoff Scandal
*-The seven types of e-commerce fraud explained:
By Information Age
E-commerce fraud is constantly increasing, and alternative payment methods are attracting criminals.
While the increase itself is nothing new (there has been more e-commerce fraud every year since 1993), the rate is impressive. CNP fraud is predicted to increase by 14% by 2023 and could cost retailers $130 billion.
Fraud is not exclusive to credit card payments. Criminals are becoming more sophisticated in their use of malware to command online banking logins via phones, tablets and computers, using the stolen bank account details to make fraudulent payments.
‘Alternative’ payment methods are also attracting criminals. So what does this fraud look like, exactly? A study by Worldpay asked 274 merchants from various industries in six countries precisely this question. The most common types of fraud are explained below.
Identity theft:
According to the study, the most common types of e-commerce fraud causing concern among merchants are identity theft (71%), phishing (66%) and account theft (63%). Here, credit cards are the most popular target, as a fraudster does not need much to carry out a ‘card not present’ transaction.
In traditional identity theft, the criminals’ goal is to carry out transactions using a different identity. Instead of having to come up with a completely new identity to do this, they simply take over an existing one. This is easier to do – and usually much faster.
In order to commit identity theft or appropriate someone’s identity, fraudsters target personal information, such as names, addresses and email addresses, as well as credit card or account information.
This enables them, for example, to order items online under a false name and pay using someone else’s credit card information or by debiting another person’s account. Phishing, on the other hand, simply involves using fraudulent websites, emails or text messages to access personal data.
Another technical method is known as pharming, in which manipulated browsers direct unsuspecting customers to fraudulent websites. Often, all that is required to appropriate someone’s identity is a stolen password. This can be used to take over an existing account with an online shop – in most cases, the payment data is already stored in the account.
Of course, hacker attacks on e-commerce providers and stealing customer data also fall under this type of e-commerce fraud, as does using malware on computers to commit identity theft by spying out sensitive data.
‘Man-in-the-middle attacks’ are even more sophisticated. These involve hackers muscling in on communications between customers and merchants (or between customers and banks) in order to siphon off login data.
We haven’t even mentioned the opportunities involved in intercepting credit cards sent by mail, for example, or in copying credit cards in restaurants and hotels or at cash machines. Already, though, the true extent of the identity theft problem is apparent.
Friendly fraud:
In fourth place is what the merchants surveyed refer to as ‘friendly fraud’. This sounds friendlier than it really is: using this method, customers order goods or services and pay for them – preferably using a “pull” payment method like a credit card or direct debit.
Then, however, they deliberately initiate a charge-back, claiming that their credit card or account details were stolen. They are reimbursed – but they keep the goods or services. This fraud method is particularly prevalent with services, such as those in the gambling or adult milieus. Friendly fraud also tends to be combined with re-shipping.
This is where criminals who use stolen payment data to pay for their purchases don’t want to have them sent to their home addresses. Instead, they use middlemen whose details are used to make the purchases and who then forward the goods.
Clean fraud:
Clean fraud’s name is misleading, because there’s nothing clean about it. The basic principle of clean fraud is that a stolen credit card is used to make a purchase, but the transaction is then manipulated in such a way that fraud detection functions are circumvented.
Much more know-how is required here than with friendly fraud, where the only goal is to cancel the payment once a purchase has been made. In clean fraud, criminals use sound analyses of the fraud detection systems deployed, plus a great deal of knowledge about the rightful owners of their stolen credit cards.
A great deal of correct information is then entered during the payment process so that the fraud detection solution is fooled. Before clean fraud is committed, card testing is often carried out. This involves making cheap test purchases online to check that the stolen credit card data works.
Affiliate fraud:
There are two variations of affiliate fraud, both of which have the same aim: to glean more money from an affiliate program by manipulating traffic or signup statistics. This can be done either using a fully automated process or by getting real people to log into merchants’ sites using fake accounts. This type of fraud is payment-method-neutral, but extremely widely distributed.
Triangulation fraud:
During triangulation fraud, the fraud is carried out via three points. The first is a fake online storefront, which offers high-demand goods at extremely low prices. In most cases, additional bait is added, like the information that the goods will only be shipped immediately if the goods are paid for using a credit card. The falsified shop collects address and credit card data – this is its only purpose.
The second corner of the fraud triangle involves using other stolen credit card data and the name collected to order goods at a real store and ship them to the original customer.
The third point in the fraud triangle involves using the stolen credit card data to make additional purchases. The order data and credit card numbers are now almost impossible to connect, so the fraud usually remains undiscovered for a longer period of time, resulting in greater damages.
Merchant fraud:
Merchant fraud is another method which must be mentioned. It’s very simple: goods are offered at cheap prices, but are never shipped. The payments are, of course, kept. This method of fraud also exists in wholesale. It is not specific to any particular payment method, but this is, of course, where no-chargeback payment methods (most of the push payment types) come into their own.
More international fraud:
On average, the merchants who participated in the study do business in 14 countries. According to 58% of those surveyed, the major challenge in e-commerce fraud prevention is a lack of system integration to provide a unified view of all their transactions across all markets.
52% also see increased international transactions as a challenge. Almost exactly the same number (51%) have great difficulty in maintaining an overview of the various fraud prevention tools in different countries. Language barriers, as well as the difficulty of keeping international tabs on individual customers, pose additional fraud management challenges.
Different devices:
Fraud methods vary depending on the sales channel, and the fact that most merchants aim to achieve multi-channel sales does not make the situation any easier. According to 69% of merchants surveyed, sales via third-party websites like Amazon, Alibaba or eBay are particularly susceptible to fraud. These are followed by mobile sales (mentioned by 64%) and sales via their own online shops (55%).
Written by: Karsten Witke, head of payment services risk at PPRO Group
___________________________________________________________________________
Fraud by Wikipedia
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right.
Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong.
The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements.
A hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a victim.
As a civil wrong:
In common law jurisdictions, as a civil wrong, fraud is a tort. While the precise definitions and requirements of proof vary among jurisdictions, the requisite elements of fraud as a tort generally are the intentional misrepresentation or concealment of an important fact upon which the victim is meant to rely, and in fact does rely, to the harm of the victim.
Proving fraud in a court of law is often said to be difficult as the intention to defraud is the key element in question. As such, proving fraud comes with a "greater evidentiary burden than other civil claims." This difficulty is exacerbated by the fact that some jurisdictions require the victim to prove fraud by clear and convincing evidence.
The remedies for fraud may include rescission (i.e., reversal) of a fraudulently obtained agreement or transaction, the recovery of a monetary award to compensate for the harm caused, punitive damages to punish or deter the misconduct, and possibly others.
In cases of a fraudulently induced contract, fraud may serve as a defense in a civil action for breach of contract or specific performance of contract. Similarly, fraud may serve as a basis for a court to invoke its equitable jurisdiction.
As a criminal offense:
In common law jurisdictions, as a criminal offence, fraud takes many different forms, some general (e.g., theft by false pretense) and some specific to particular categories of victims or misconduct (e.g., bank fraud, insurance fraud, forgery). The elements of fraud as a crime similarly vary.
The requisite elements of perhaps the most general form of criminal fraud, theft by false pretense, are the intentional deception of a victim by false representation or pretense with the intent of persuading the victim to part with property and with the victim parting with property in reliance on the representation or pretense and with the perpetrator intending to keep the property from the victim.
Fraud in the United States:
Criminal fraud:
The proof requirements for criminal fraud charges in the United States are essentially the same as the requirements for other crimes: guilt must be proved beyond a reasonable doubt.
Throughout the United States fraud charges can be misdemeanors or felonies depending on the amount of loss involved. High value fraud can also trigger additional penalties. For example, in California, losses of $500,000 or more will result in an extra two, three, or five years in prison in addition to the regular penalty for the fraud.
The U.S. government's 2006 fraud review concluded that fraud is a significantly under-reported crime, and while various agencies and organizations were attempting to tackle the issue, greater co-operation was needed to achieve a real impact in the public sector. The scale of the problem pointed to the need for a small but high-powered body to bring together the numerous counter-fraud initiatives that existed.
Civil fraud:
Although elements may vary by jurisdiction and the specific allegations made by a plaintiff who files a lawsuit that alleged fraud, typical elements of a fraud case in the United States are that:
To establish a civil claim of fraud, most jurisdictions in the United States require that each element of a fraud claim be pleaded with particularity and be proved by a preponderance of the evidence, meaning that it is more likely than not that the fraud occurred.
Some jurisdictions impose a higher evidentiary standard, such as Washington State's requirement that the elements of fraud be proved with clear, cogent, and convincing evidence (very probable evidence), or Pennsylvania's requirement that common law fraud be proved by clear and convincing evidence.
The measure of damages in fraud cases is normally computed using one of two rules:
Special damages may be allowed if shown to have been proximately caused by defendant's fraud and the damage amounts are proved with specificity.
Many jurisdictions permit a plaintiff in a fraud case to seek punitive or exemplary damages.
Cost:
The typical organization loses five percent of its annual revenue to fraud, with a median loss of $160,000. Fraud committed by owners and executives were more than nine times as costly as employee fraud. The industries most commonly affected are banking, manufacturing, and government.
Types of fraudulent acts:
The falsification of documents, known as forgery, and counterfeiting are types of fraud involved in physical duplication or fabrication. The "theft" of one's personal information or identity, like one finding out another's social security number and then using it as identification, is a type of fraud.
Fraud can be committed through and across many media including mail, wire, phone, and the Internet (computer crime and Internet fraud) (See also Web Page "Cybersecurity").
Given the international nature of the web and ease with which users can hide their location, obstacles to checking identity and legitimacy online, and the variety of hacker techniques available to gain access to PII have all contributed to the very rapid growth of Internet fraud.
In some countries, tax fraud is also prosecuted under false billing or tax forgery. There have also been fraudulent "discoveries", e.g., science, where the appetite is for prestige rather than immediate monetary gain.
Detection:
Further information: Data analysis techniques for fraud detection
The detection of fraudulent activities on a large scale is possible with the harvesting of massive amounts of financial data paired with predictive analytics or forensic analytics, the use of electronic data to reconstruct or detect financial fraud.
Using computer-based analytic methods in particular allows for surfacing of errors, anomalies, inefficiencies, irregularities, and biases which often refer to fraudsters gravitating to certain dollar amounts to get past internal control thresholds. These high-level tests include tests related to Benford's Law and possibly also those statistics known as descriptive statistics.
High-level tests are always followed by more focused tests to look for small samples of highly irregular transactions. The familiar methods of correlation and time-series analysis can also be used to detect fraud and other irregularities.
Anti-fraud provisioning:
Beyond laws that aim at prevention of fraud, there are also governmental and non-governmental organizations that aim to fight fraud. Between 1911 and 1933, 47 states adopted the so-called Blue Sky Laws status. These laws were enacted and enforced at the state level and regulated the offering and sale of securities to protect the public from fraud.
Though the specific provisions of these laws varied among states, they all required the registration of all securities offerings and sales, as well as of every U.S. stockbroker and brokerage firm. However, these Blue Sky laws were generally found to be ineffective.
To increase public trust in the capital markets the President of the United States, Franklin D. Roosevelt, established the U.S. Securities and Exchange Commission (SEC). The main reason for the creation of the SEC was to regulate the stock market and prevent corporate abuses relating to the offering and sale of securities and corporate reporting. The SEC was given the power to license and regulate stock exchanges, the companies whose securities traded on them, and the brokers and dealers who conducted the trading.
Further reading:
Further information: List of notable fraudsters
Apart from fraud, there are several related categories of intentional deceptions that may or may not include the elements of personal gain or damage to another individual:
Click on any of the following blue hyperinks for more about Fraud: See Also:
By Information Age
E-commerce fraud is constantly increasing, and alternative payment methods are attracting criminals.
While the increase itself is nothing new (there has been more e-commerce fraud every year since 1993), the rate is impressive. CNP fraud is predicted to increase by 14% by 2023 and could cost retailers $130 billion.
Fraud is not exclusive to credit card payments. Criminals are becoming more sophisticated in their use of malware to command online banking logins via phones, tablets and computers, using the stolen bank account details to make fraudulent payments.
‘Alternative’ payment methods are also attracting criminals. So what does this fraud look like, exactly? A study by Worldpay asked 274 merchants from various industries in six countries precisely this question. The most common types of fraud are explained below.
Identity theft:
According to the study, the most common types of e-commerce fraud causing concern among merchants are identity theft (71%), phishing (66%) and account theft (63%). Here, credit cards are the most popular target, as a fraudster does not need much to carry out a ‘card not present’ transaction.
In traditional identity theft, the criminals’ goal is to carry out transactions using a different identity. Instead of having to come up with a completely new identity to do this, they simply take over an existing one. This is easier to do – and usually much faster.
- Fighting digital fraud with the power of data mining Dr Stephen Topliss, VP, Fraud and Identity at LexisNexis Risk Solutions, discusses the power of data mining in combatting fraud. Read here
In order to commit identity theft or appropriate someone’s identity, fraudsters target personal information, such as names, addresses and email addresses, as well as credit card or account information.
This enables them, for example, to order items online under a false name and pay using someone else’s credit card information or by debiting another person’s account. Phishing, on the other hand, simply involves using fraudulent websites, emails or text messages to access personal data.
Another technical method is known as pharming, in which manipulated browsers direct unsuspecting customers to fraudulent websites. Often, all that is required to appropriate someone’s identity is a stolen password. This can be used to take over an existing account with an online shop – in most cases, the payment data is already stored in the account.
Of course, hacker attacks on e-commerce providers and stealing customer data also fall under this type of e-commerce fraud, as does using malware on computers to commit identity theft by spying out sensitive data.
‘Man-in-the-middle attacks’ are even more sophisticated. These involve hackers muscling in on communications between customers and merchants (or between customers and banks) in order to siphon off login data.
We haven’t even mentioned the opportunities involved in intercepting credit cards sent by mail, for example, or in copying credit cards in restaurants and hotels or at cash machines. Already, though, the true extent of the identity theft problem is apparent.
Friendly fraud:
In fourth place is what the merchants surveyed refer to as ‘friendly fraud’. This sounds friendlier than it really is: using this method, customers order goods or services and pay for them – preferably using a “pull” payment method like a credit card or direct debit.
Then, however, they deliberately initiate a charge-back, claiming that their credit card or account details were stolen. They are reimbursed – but they keep the goods or services. This fraud method is particularly prevalent with services, such as those in the gambling or adult milieus. Friendly fraud also tends to be combined with re-shipping.
This is where criminals who use stolen payment data to pay for their purchases don’t want to have them sent to their home addresses. Instead, they use middlemen whose details are used to make the purchases and who then forward the goods.
- Combat fraud with analytics: The exponential surge in online fraud and cybercrime saw almost 6 million offences committed last year, meaning around one in 10 adults in the UK were victims. Read here
Clean fraud:
Clean fraud’s name is misleading, because there’s nothing clean about it. The basic principle of clean fraud is that a stolen credit card is used to make a purchase, but the transaction is then manipulated in such a way that fraud detection functions are circumvented.
Much more know-how is required here than with friendly fraud, where the only goal is to cancel the payment once a purchase has been made. In clean fraud, criminals use sound analyses of the fraud detection systems deployed, plus a great deal of knowledge about the rightful owners of their stolen credit cards.
A great deal of correct information is then entered during the payment process so that the fraud detection solution is fooled. Before clean fraud is committed, card testing is often carried out. This involves making cheap test purchases online to check that the stolen credit card data works.
Affiliate fraud:
There are two variations of affiliate fraud, both of which have the same aim: to glean more money from an affiliate program by manipulating traffic or signup statistics. This can be done either using a fully automated process or by getting real people to log into merchants’ sites using fake accounts. This type of fraud is payment-method-neutral, but extremely widely distributed.
Triangulation fraud:
During triangulation fraud, the fraud is carried out via three points. The first is a fake online storefront, which offers high-demand goods at extremely low prices. In most cases, additional bait is added, like the information that the goods will only be shipped immediately if the goods are paid for using a credit card. The falsified shop collects address and credit card data – this is its only purpose.
The second corner of the fraud triangle involves using other stolen credit card data and the name collected to order goods at a real store and ship them to the original customer.
- Stolen credit card items physically shipped by network of threat actors: New report uncovers a direct link to the outcome of stolen credit cards, offering rare insight into the physical world operations of actors tied to digital threats. Read here
The third point in the fraud triangle involves using the stolen credit card data to make additional purchases. The order data and credit card numbers are now almost impossible to connect, so the fraud usually remains undiscovered for a longer period of time, resulting in greater damages.
Merchant fraud:
Merchant fraud is another method which must be mentioned. It’s very simple: goods are offered at cheap prices, but are never shipped. The payments are, of course, kept. This method of fraud also exists in wholesale. It is not specific to any particular payment method, but this is, of course, where no-chargeback payment methods (most of the push payment types) come into their own.
More international fraud:
On average, the merchants who participated in the study do business in 14 countries. According to 58% of those surveyed, the major challenge in e-commerce fraud prevention is a lack of system integration to provide a unified view of all their transactions across all markets.
52% also see increased international transactions as a challenge. Almost exactly the same number (51%) have great difficulty in maintaining an overview of the various fraud prevention tools in different countries. Language barriers, as well as the difficulty of keeping international tabs on individual customers, pose additional fraud management challenges.
Different devices:
Fraud methods vary depending on the sales channel, and the fact that most merchants aim to achieve multi-channel sales does not make the situation any easier. According to 69% of merchants surveyed, sales via third-party websites like Amazon, Alibaba or eBay are particularly susceptible to fraud. These are followed by mobile sales (mentioned by 64%) and sales via their own online shops (55%).
Written by: Karsten Witke, head of payment services risk at PPRO Group
___________________________________________________________________________
Fraud by Wikipedia
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right.
Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong.
The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements.
A hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a victim.
As a civil wrong:
In common law jurisdictions, as a civil wrong, fraud is a tort. While the precise definitions and requirements of proof vary among jurisdictions, the requisite elements of fraud as a tort generally are the intentional misrepresentation or concealment of an important fact upon which the victim is meant to rely, and in fact does rely, to the harm of the victim.
Proving fraud in a court of law is often said to be difficult as the intention to defraud is the key element in question. As such, proving fraud comes with a "greater evidentiary burden than other civil claims." This difficulty is exacerbated by the fact that some jurisdictions require the victim to prove fraud by clear and convincing evidence.
The remedies for fraud may include rescission (i.e., reversal) of a fraudulently obtained agreement or transaction, the recovery of a monetary award to compensate for the harm caused, punitive damages to punish or deter the misconduct, and possibly others.
In cases of a fraudulently induced contract, fraud may serve as a defense in a civil action for breach of contract or specific performance of contract. Similarly, fraud may serve as a basis for a court to invoke its equitable jurisdiction.
As a criminal offense:
In common law jurisdictions, as a criminal offence, fraud takes many different forms, some general (e.g., theft by false pretense) and some specific to particular categories of victims or misconduct (e.g., bank fraud, insurance fraud, forgery). The elements of fraud as a crime similarly vary.
The requisite elements of perhaps the most general form of criminal fraud, theft by false pretense, are the intentional deception of a victim by false representation or pretense with the intent of persuading the victim to part with property and with the victim parting with property in reliance on the representation or pretense and with the perpetrator intending to keep the property from the victim.
Fraud in the United States:
Criminal fraud:
The proof requirements for criminal fraud charges in the United States are essentially the same as the requirements for other crimes: guilt must be proved beyond a reasonable doubt.
Throughout the United States fraud charges can be misdemeanors or felonies depending on the amount of loss involved. High value fraud can also trigger additional penalties. For example, in California, losses of $500,000 or more will result in an extra two, three, or five years in prison in addition to the regular penalty for the fraud.
The U.S. government's 2006 fraud review concluded that fraud is a significantly under-reported crime, and while various agencies and organizations were attempting to tackle the issue, greater co-operation was needed to achieve a real impact in the public sector. The scale of the problem pointed to the need for a small but high-powered body to bring together the numerous counter-fraud initiatives that existed.
Civil fraud:
Although elements may vary by jurisdiction and the specific allegations made by a plaintiff who files a lawsuit that alleged fraud, typical elements of a fraud case in the United States are that:
- Somebody misrepresents a material fact in order to obtain action or forbearance by another person;
- The other person relies upon the misrepresentation; and
- The other person suffers injury as a result of the act or forbearance taken in reliance upon the misrepresentation.
To establish a civil claim of fraud, most jurisdictions in the United States require that each element of a fraud claim be pleaded with particularity and be proved by a preponderance of the evidence, meaning that it is more likely than not that the fraud occurred.
Some jurisdictions impose a higher evidentiary standard, such as Washington State's requirement that the elements of fraud be proved with clear, cogent, and convincing evidence (very probable evidence), or Pennsylvania's requirement that common law fraud be proved by clear and convincing evidence.
The measure of damages in fraud cases is normally computed using one of two rules:
- The "benefit of bargain" rule, which allows for recovery of damages in the amount of the difference between the value of the property had it been as represented and its actual value;
- Out-of-pocket loss, which allows for the recovery of damages in the amount of the difference between the value of what was given and the value of what was received.
Special damages may be allowed if shown to have been proximately caused by defendant's fraud and the damage amounts are proved with specificity.
Many jurisdictions permit a plaintiff in a fraud case to seek punitive or exemplary damages.
Cost:
The typical organization loses five percent of its annual revenue to fraud, with a median loss of $160,000. Fraud committed by owners and executives were more than nine times as costly as employee fraud. The industries most commonly affected are banking, manufacturing, and government.
Types of fraudulent acts:
The falsification of documents, known as forgery, and counterfeiting are types of fraud involved in physical duplication or fabrication. The "theft" of one's personal information or identity, like one finding out another's social security number and then using it as identification, is a type of fraud.
Fraud can be committed through and across many media including mail, wire, phone, and the Internet (computer crime and Internet fraud) (See also Web Page "Cybersecurity").
Given the international nature of the web and ease with which users can hide their location, obstacles to checking identity and legitimacy online, and the variety of hacker techniques available to gain access to PII have all contributed to the very rapid growth of Internet fraud.
In some countries, tax fraud is also prosecuted under false billing or tax forgery. There have also been fraudulent "discoveries", e.g., science, where the appetite is for prestige rather than immediate monetary gain.
Detection:
Further information: Data analysis techniques for fraud detection
The detection of fraudulent activities on a large scale is possible with the harvesting of massive amounts of financial data paired with predictive analytics or forensic analytics, the use of electronic data to reconstruct or detect financial fraud.
Using computer-based analytic methods in particular allows for surfacing of errors, anomalies, inefficiencies, irregularities, and biases which often refer to fraudsters gravitating to certain dollar amounts to get past internal control thresholds. These high-level tests include tests related to Benford's Law and possibly also those statistics known as descriptive statistics.
High-level tests are always followed by more focused tests to look for small samples of highly irregular transactions. The familiar methods of correlation and time-series analysis can also be used to detect fraud and other irregularities.
Anti-fraud provisioning:
Beyond laws that aim at prevention of fraud, there are also governmental and non-governmental organizations that aim to fight fraud. Between 1911 and 1933, 47 states adopted the so-called Blue Sky Laws status. These laws were enacted and enforced at the state level and regulated the offering and sale of securities to protect the public from fraud.
Though the specific provisions of these laws varied among states, they all required the registration of all securities offerings and sales, as well as of every U.S. stockbroker and brokerage firm. However, these Blue Sky laws were generally found to be ineffective.
To increase public trust in the capital markets the President of the United States, Franklin D. Roosevelt, established the U.S. Securities and Exchange Commission (SEC). The main reason for the creation of the SEC was to regulate the stock market and prevent corporate abuses relating to the offering and sale of securities and corporate reporting. The SEC was given the power to license and regulate stock exchanges, the companies whose securities traded on them, and the brokers and dealers who conducted the trading.
Further reading:
Further information: List of notable fraudsters
Apart from fraud, there are several related categories of intentional deceptions that may or may not include the elements of personal gain or damage to another individual:
- Obstruction of justice
- 18 U.S.C. § 704 which criminalizes false representation of having been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States
Click on any of the following blue hyperinks for more about Fraud: See Also:
- Bait-and-switch
- Caper stories (such as The Sting)
- Contract fraud
- Corruption
- Cramming (fraud)
- Creative accounting
- Crimestoppers
- Deception
- Electoral fraud
- False Claims Act
- Federal Bureau of Investigation (FBI)
- Financial crimes
- Forgery
- Fortune telling fraud
- Fraud deterrence
- Fraud in the factum
- Fraud in parapsychology
- Fraud Squad (UK)
- Friendly fraud
- Front running
- Geneivat da'at
- Great Stock Exchange Fraud of 1814
- Guinness share-trading fraud, famous British business scandal of the 1980s
- Hoax
- Identity management
- Impersonator
- Internal Revenue Service (IRS)
- Internet fraud
- Interpol
- Journalism fraud
- Mail and wire fraud
- Money laundering
- The National Council Against Health Fraud
- Organized crime
- Phishing, attempt to fraudulently acquire sensitive information
- Placebo
- Police impersonation
- Political corruption
- Push payment fraud
- Quackery
- Quatloos.com
- Racketeer Influenced and Corrupt Organizations Act (RICO)
- SAS 99
- Scam
- Secret profits
- Shell company
- Swampland in Florida
- Tobashi scheme, concealing financial losses
- U.S. Securities and Exchange Commission (SEC)
- United States Postal Inspection Service
- United States Secret Service
- White-collar crime
- Wood laundering
- The dictionary definition of fraud at Wiktionary
- Association of Certified Fraud Examiners
- Immigration Marriage Fraud Amendments of 1986
- FBI Home page for fraud
- U.S. Department of Justice Fraud Section
Criminology
- YouTube Video: What is Criminology?
- YouTube Video: Criminological Theories with Examples from Movies and TV
- YouTube Video: The Criminal Mind: The relationships between criminology and psychology - Professor Gwen Adshead
Criminology is the study of crime and deviant behavior. Criminology is an interdisciplinary field in both the behavioral and social sciences, which draws primarily upon the research of:
- sociologists,
- political scientists,
- economists,
- psychologists,
- philosophers,
- psychiatrists,
- biologists,
- social anthropologists,
- as well as scholars of law.
The term criminology was coined in 1885 by Italian law professor Raffaele Garofalo as Criminologia.
Later, French anthropologist Paul Topinard used the analogous French term Criminologie. Paul Topinard's major work appeared in 1879.
In the eighteenth and early nineteenth centuries, the emphasis of criminology was on the reform of criminal law and not on the causes of crime. Scholars such as Cesare Beccaria and Jeremy Bentham, were more concerned with the humanitarian aspects in dealing with criminals and reforming several criminal laws.
Great progress in criminology was made after the first quarter of the twentieth century. The first American textbook on criminology was written in 1920 by sociologist Maurice Parmalee under the title Criminology. Programmes were developed for the specific purpose of training students to be criminologists, but the development was rather slow.
From 1900 through to 2000 the study underwent three significant phases in the United States:
- Golden Age of Research (1900–1930) which has been described as a multiple-factor approach,
- Golden Age of Theory (1930–1960) which shows that there was no systematic way of connecting criminological research to theory,
- a 1960–2000 period which was seen as a significant turning point for criminology.
Criminologists are the people working and researching all of the ins and outs of criminology. Criminologists often look for behavioral patterns of a possible criminal in hopes of finding a particular perpetrator. They also conduct research and investigations, developing theories, and composing results, and more often than not solve crimes.
The interests of criminologists include the study of nature of crime and criminals, origins of criminal law, etiology of crime, social reaction to crime, and the functioning of law enforcement agencies and the penal institutions.
It can be broadly said that criminology directs its enquiries along three lines:
- first, it investigates the nature of criminal law and its administration and conditions under which it develops,
- second, it analyses the causation of crime and the personality of criminals;
- and third, it studies the control of crime and the rehabilitation of offenders.
Thus, criminology includes within its scope the activities of legislative bodies, law-enforcement agencies, judicial institutions, correctional institutions and educational, private and public social agencies.
Schools of thought:
In the mid-18th century, criminology arose as social philosophers gave thought to crime and concepts of law. Over time, several schools of thought have developed.
There were three main schools of thought in early criminological theory spanning the period from the mid-18th century to the mid-twentieth century: Classical, Positivist, and Chicago.
These schools of thought were superseded by several contemporary paradigms of criminology, such as the sub-culture, control, strain, labelling, critical criminology, cultural criminology, postmodern criminology, feminist criminology and others discussed below.
Classical;
The Classical school arose in the mid-18th century and has its basis in utilitarian philosophy. Cesare Beccaria, author of On Crimes and Punishments (1763–64), Jeremy Bentham (inventor of the panopticon), and other philosophers in this school argued:
- People have free will to choose how to act.
- The basis for deterrence is the idea humans are 'hedonists' who seek pleasure and avoid pain, and 'rational calculators' who weigh the costs and benefits of every action. It ignores the possibility of irrationality and unconscious drives as 'motivators'.
- Punishment (of sufficient severity) can deter people from crime, as the costs (penalties) outweigh the benefits, and severity of punishment should be proportionate to the crime.
- The more swift and certain the punishment, the more effective as a deterrent to criminal behavior.
This school developed during a major reform in penology when society began designing prisons for the sake of extreme punishment. This period also saw many legal reforms, the French Revolution, and the development of the legal system in the United States.
Positivist:
The Positivist school argues criminal behavior comes from internal and external factors out of the individual's control. It's key method of thought is that criminals are born as criminals and not made into them; this school of thought also supports theory of nature in the debate between nature versus nurture.
They also argue that criminal behavior is innate and within a person. Philosophers within this school applied the scientific method to study human behavior. Positivism comprises three segments: biological, psychological and social positivism.
Biological positivism is the belief that these criminals and their criminal behavior stem from "chemical imbalances" or "abnormalities" within the brain or the DNA due to basic internal "defects".
Psychological Positivism is the concept that criminal acts or the people doing said crimes do them because of internal factors driving them. It differs from biological positivism in the thought that that school of thought says criminals are born criminals, whereas the psychological perspective recognizes the internal factors are results of external factors such as, but not limited to, abusive parents, abusive relationships, drug problems, etc.
Social Positivism, which is often referred to as Sociological Positivism, discusses the thought process that criminals are produced by society. This school claims that low-income levels, high poverty/unemployment rates, and poor educational systems create and fuel criminals and crimes.
Criminal personality:
The notion of having a criminal personality is derived from the school of thought of psychological positivism. It essentially means that parts of a person's personality have traits that align with many traits possessed by criminals, such as neuroticism, anti-social tendencies, and aggressive behaviors. There is no evidence of causation between these personality traits and criminal actions, but there is a correlation.
Italian:
Cesare Lombroso (1835–1909), an Italian sociologist working in the late 19th century, is often called "the father of criminology." He was one of the key contributors to biological positivism and founded the Italian school of criminology. Lombroso took a scientific approach, insisting on empirical evidence for studying crime.
Lombroso suggested physiological traits such as the measurements of cheekbones or hairline, or a cleft palate could indicate "atavistic" criminal tendencies. This approach, whose influence came via the theory of phrenology and by Charles Darwin's theory of evolution, has been superseded. Enrico Ferri, a student of Lombroso, believed social as well as biological factors played a role, and believed criminals should not be held responsible when factors causing their criminality were beyond their control.
Criminologists have since rejected Lombroso's biological theories since control groups were not used in his studies.
Sociological positivist:
Sociological positivism suggests societal factors such as poverty, membership of subcultures, or low levels of education can predispose people to crime. Adolphe Quetelet used data and statistical analysis to study the relationship between crime and sociological factors. He found age, gender, poverty, education, and alcohol consumption were important factors to crime.
Lance Lochner performed three different research experiments, each one proving education reduces crime.
Rawson W. Rawson used crime statistics to suggest a link between population density and crime rates, with crowded cities producing more crime.
Joseph Fletcher and John Glyde read papers to the Statistical Society of London on their studies of crime and its distribution.
Henry Mayhew used empirical methods and an ethnographic approach to address social questions and poverty, and gave his studies in London Labour and the London Poor.
Émile Durkheim viewed crime as an inevitable aspect of a society with uneven distribution of wealth and other differences among people.
Differential association (sub-cultural):
Differential association (sub-cultural) posits that people learn crime through association. This theory was advocated by Edwin Sutherland, who focused on how "a person becomes delinquent because of an excess of definitions favorable to violation of law over definitions unfavorable to violation of law."
Associating with people who may condone criminal conduct, or justify crime under specific circumstances makes one more likely to take that view, under his theory. Interacting with this type of "antisocial" peer is a major cause of delinquency. Reinforcing criminal behavior makes it chronic. Where there are criminal subcultures, many individuals learn crime, and crime rates swell in those areas.
Chicago:
The Chicago school arose in the early twentieth century, through the work of Robert E. Park, Ernest Burgess, and other urban sociologists at the University of Chicago.
In the 1920s, Park and Burgess identified five concentric zones that often exist as cities grow, including the "zone of transition", which was identified as the most volatile and subject to disorder. In the 1940s, Henry McKay and Clifford R. Shaw focused on juvenile delinquents, finding that they were concentrated in the zone of transition.
The Chicago School was a school of thought developed that blames social structures for human behaviors. This thought can be associated or used within criminology, because it essentially takes the stance of defending criminals and criminal behaviors. The defense and argument lies in the thoughts that these people and their acts are not their faults but they are actually the result of society (i.e. unemployment, poverty, etc.), and these people are actually, in fact, behaving properly.
Chicago school sociologists adopted a social ecology approach to studying cities and postulated that urban neighborhoods with high levels of poverty often experience a breakdown in the social structure and institutions, such as family and schools. This results in social disorganization, which reduces the ability of these institutions to control behavior and creates an environment ripe for deviant behavior.
Other researchers suggested an added social-psychological link. Edwin Sutherland suggested that people learn criminal behavior from older, more experienced criminals with whom they may associate.
Theoretical perspectives used in criminology include:
- psychoanalysis,
- functionalism,
- interactionism,
- Marxism,
- econometrics,
- systems theory,
- postmodernism,
- genetics,
- neuropsychology,
- evolutionary psychology,
- etc.
Social structure theories:
This theory is applied to a variety of approaches within the bases of criminology in particular and in sociology more generally as a conflict theory or structural conflict perspective in sociology and sociology of crime. As this perspective is itself broad enough, embracing as it does a diversity of positions.
Disorganization:
Social disorganization theory is based on the work of Henry McKay and Clifford R. Shaw of the Chicago School. Social disorganization theory postulates that neighborhoods plagued with poverty and economic deprivation tend to experience high rates of population turnover.
This theory suggests that crime and deviance is valued within groups in society, ‘subcultures’ or ‘gangs’. These groups have different values to the social norm. These neighborhoods also tend to have high population heterogeneity. With high turnover, informal social structure often fails to develop, which in turn makes it difficult to maintain social order in a community.
Ecology:
Since the 1950s, social ecology studies have built on the social disorganization theories. Many studies have found that crime rates are associated with poverty, disorder, high numbers of abandoned buildings, and other signs of community deterioration.
As working and middle-class people leave deteriorating neighborhoods, the most disadvantaged portions of the population may remain. William Julius Wilson suggested a poverty "concentration effect", which may cause neighborhoods to be isolated from the mainstream of society and become prone to violence.
Strain:
Main article: Strain theory (sociology)
Strain theory, also known as Mertonian Anomie, advanced by American sociologist Robert Merton, suggests that mainstream culture, especially in the United States, is saturated with dreams of opportunity, freedom, and prosperity—as Merton put it, the American Dream.
Most people buy into this dream, and it becomes a powerful cultural and psychological motivator. Merton also used the term anomie, but it meant something slightly different for him than it did for Durkheim. Merton saw the term as meaning a dichotomy between what society expected of its citizens and what those citizens could actually achieve.
Therefore, if the social structure of opportunities is unequal and prevents the majority from realizing the dream, some of those dejected will turn to illegitimate means (crime) in order to realize it. Others will retreat or drop out into deviant subcultures (such as gang members, or what he calls "hobos"). Robert Agnew developed this theory further to include types of strain which were not derived from financial constraints. This is known as general strain theory".
Subcultural:
Main article: Subcultural theory
Following the Chicago school and strain theory, and also drawing on Edwin Sutherland's idea of differential association, sub-cultural theorists focused on small cultural groups fragmenting away from the mainstream to form their own values and meanings about life.
Albert K. Cohen tied anomie theory with Sigmund Freud's reaction formation idea, suggesting that delinquency among lower-class youths is a reaction against the social norms of the middle class.
Some youth, especially from poorer areas where opportunities are scarce, might adopt social norms specific to those places that may include "toughness" and disrespect for authority.
Criminal acts may result when youths conform to norms of the deviant subculture.
Richard Cloward and Lloyd Ohlin suggested that delinquency can result from a differential opportunity for lower class youth.
Such youths may be tempted to take up criminal activities, choosing an illegitimate path that provides them more lucrative economic benefits than conventional, over legal options such as minimum wage-paying jobs available to them.
Delinquency tends to occur among the lower-working-class males who have a lack of resources available to them and live in impoverished areas, as mentioned extensively by Albert Cohen (Cohen, 1965). Bias has been known to occur among law enforcement agencies, where officers tend to place a bias on minority groups, without knowing for sure if they had committed a crime or not.
Delinquents may also commit crimes in order to secure funds for themselves or their loved ones, such as committing an armed robbery, as studied by many scholars (Briar & Piliavin).
British sub-cultural theorists focused more heavily on the issue of class, where some criminal activities were seen as "imaginary solutions" to the problem of belonging to a subordinate class. A further study by the Chicago school looked at gangs and the influence of the interaction of gang leaders under the observation of adults.
Sociologists such as Raymond D. Gastil have explored the impact of a Southern culture of honor on violent crime rates.
Control:
Another approach is made by the social bond or social control theory. Instead of looking for factors that make people become criminal, these theories try to explain why people do not become criminal.
Travis Hirschi identified four main characteristics: "attachment to others", "belief in moral validity of rules", "commitment to achievement", and "involvement in conventional activities". The more a person features those characteristics, the less likely he or she is to become deviant (or criminal).
On the other hand, if these factors are not present, a person is more likely to become a criminal. Hirschi expanded on this theory with the idea that a person with low self-control is more likely to become criminal. As opposed to most criminology theories, these do not look at why people commit crime but rather why they do not commit crime.
A simple example: Someone wants a big yacht but does not have the means to buy one. If the person cannot exert self-control, he or she might try to get the yacht (or the means for it) in an illegal way, whereas someone with high self-control will (more likely) either wait, deny themselves of what want or seek an intelligent intermediate solution, such as joining a yacht club to use a yacht by group consolidation of resources without violating social norms.
Social bonds, through peers, parents, and others can have a countering effect on one's low self-control. For families of low socio-economic status, a factor that distinguishes families with delinquent children, from those who are not delinquent, is the control exerted by parents or chaperonage.
In addition, theorists such as David Matza and Gresham Sykes argued that criminals are able to temporarily neutralize internal moral and social-behavioral constraints through techniques of neutralization.
Psychoanalytic:
Main article: Psychoanalytic criminology
Psychoanalysis is a psychological theory (and therapy) which regards the unconscious mind, repressed memories and trauma, as the key drivers of behavior, especially deviant behavior.
Sigmund Freud talks about how the unconscious desire for pain relates to psychoanalysis in his essay, Beyond the Pleasure Principle,. Freud suggested that unconscious impulses such as ‘repetition compulsion’ and a ‘death drive’ can dominate a person's creativity, leading to self-destructive behavior.
Phillida Rosnick, in the article Mental Pain and Social Trauma, posits a difference in the thoughts of individuals suffering traumatic unconscious pain which corresponds to them having thoughts and feelings which are not reflections of their true selves. There is enough correlation between this altered state of mind and criminality to suggest causation.
Sander Gilman, in the article Freud and the Making of Psychoanalysis, looks for evidence in the physical mechanisms of the human brain and the nervous system and suggests there is a direct link between an unconscious desire for pain or punishment and the impulse to commit crime or deviant acts.
Symbolic interactionism:
Main article: Symbolic interactionism
Symbolic interactionism draws on the phenomenology of Edmund Husserl and George Herbert Mead, as well as subcultural theory and conflict theory. This school of thought focused on the relationship between state, media, and conservative-ruling elite and other less powerful groups.
The powerful groups had the ability to become the "significant other" in the less powerful groups' processes of generating meaning. The former could to some extent impose their meanings on the latter; therefore they were able to "label" minor delinquent youngsters as criminal.
These youngsters would often take the label on board, indulge in crime more readily, and become actors in the "self-fulfilling prophecy" of the powerful groups. Later developments in this set of theories were by Howard Becker and Edwin Lemert, in the mid-20th century.
Stanley Cohen developed the concept of "moral panic" describing the societal reaction to spectacular, alarming social phenomena (e.g. post-World War 2 youth cultures like the Mods and Rockers in the UK in 1964, AIDS epidemic and football hooliganism).
Labeling theory:
Main article: Labeling theory
Labeling theory refers to an individual who is labeled in a particular way and was studied in great detail by Becker. It arrives originally from sociology but is regularly used in criminological studies. It is said that when someone is given the label of a criminal they may reject or accept it and continue to commit crime.
Even those who initially reject the label can eventually accept it as the label becomes more well known, particularly among their peers. This stigma can become even more profound when the labels are about deviancy, and it is thought that this stigmatization can lead to deviancy amplification. Malcolm Klein conducted a test which showed that labeling theory affected some youth offenders but not others.
Traitor theory:
At the other side of the spectrum, criminologist Lonnie Athens developed a theory about how a process of brutalization by parents or peers that usually occurs in childhood results in violent crimes in adulthood. Richard Rhodes' Why They Kill describes Athens' observations about domestic and societal violence in the criminals' backgrounds. Both Athens and Rhodes reject the genetic inheritance theories.
Rational choice theory:
Main article: Rational choice theory (criminology)
Rational choice theory is based on the utilitarian, classical school philosophies of Cesare Beccaria, which were popularized by Jeremy Bentham. They argued that punishment, if certain, swift, and proportionate to the crime, was a deterrent for crime, with risks outweighing possible benefits to the offender.
In Dei delitti e delle pene (On Crimes and Punishments, 1763–1764), Beccaria advocated a rational penology. Beccaria conceived of punishment as the necessary application of the law for a crime; thus, the judge was simply to confirm his or her sentence to the law. Beccaria also distinguished between crime and sin, and advocated against the death penalty, as well as torture and inhumane treatments, as he did not consider them as rational deterrents.
This philosophy was replaced by the positivist and Chicago schools and was not revived until the 1970s with the writings of James Q. Wilson, Gary Becker's 1965 article Crime and Punishment and George Stigler's 1970 article The Optimum Enforcement of Laws.
Rational choice theory argues that criminals, like other people, weigh costs or risks and benefits when deciding whether to commit crime and think in economic terms. They will also try to minimize risks of crime by considering the time, place, and other situational factors.
Becker, for example, acknowledged that many people operate under a high moral and ethical constraint but considered that criminals rationally see that the benefits of their crime outweigh the cost, such as the probability of apprehension and conviction, severity of punishment, as well as their current set of opportunities.
From the public policy perspective, since the cost of increasing the fine is marginal to that of the cost of increasing surveillance, one can conclude that the best policy is to maximize the fine and minimize surveillance.
With this perspective, crime prevention or reduction measures can be devised to increase the effort required to commit the crime, such as target hardening. Rational choice theories also suggest that increasing risk and likelihood of being caught, through added surveillance, law enforcement presence, added street lighting, and other measures, are effective in reducing crime.
One of the main differences between this theory and Bentham's rational choice theory, which had been abandoned in criminology, is that if Bentham considered it possible to completely annihilate crime (through the panopticon),
Becker's theory acknowledged that a society could not eradicate crime beneath a certain level. For example, if 25% of a supermarket's products were stolen, it would be very easy to reduce this rate to 15%, quite easy to reduce it until 5%, difficult to reduce it under 3% and nearly impossible to reduce it to zero (a feat which the measures required would cost the supermarket so much that it would outweigh the benefits).
This reveals that the goals of utilitarianism and classical liberalism have to be tempered and reduced to more modest proposals to be practically applicable.
Such rational choice theories, linked to neoliberalism, have been at the basics of crime prevention through environmental design and underpin the Market Reduction Approach to theft by Mike Sutton, which is a systematic toolkit for those seeking to focus attention on "crime facilitators" by tackling the markets for stolen goods that provide motivation for thieves to supply them by theft.
Routine activity theory:
Main article: Routine activity theory
Routine activity theory, developed by Marcus Felson and Lawrence Cohen, draws upon control theories and explains crime in terms of crime opportunities that occur in everyday life. A crime opportunity requires that elements converge in time and place including a motivated offender, suitable target or victim, and lack of a capable guardian. A guardian at a place, such as a street, could include security guards or even ordinary pedestrians who would witness the criminal act and possibly intervene or report it to law enforcement.
Routine activity theory was expanded by John Eck, who added a fourth element of "place manager" such as rental property managers who can take nuisance abatement measures.
Biosocial theory:
Biosocial criminology is an interdisciplinary field that aims to explain crime and antisocial behavior by exploring both biological factors and environmental factors. While contemporary criminology has been dominated by sociological theories, biosocial criminology also recognizes the potential contributions of fields such as genetics, neuropsychology, and evolutionary psychology.
Various theoretical frameworks such as evolutionary neuroandrogenic theory have sought to explain trends in criminality through the lens of evolutionary biology. Specifically, they seek to explain why criminality is so much higher in men than in women and why young men are most likely to exhibit criminal behavior. See also: genetics of aggression.
Aggressive behavior has been associated with abnormalities in three principal regulatory systems in the body: serotonin systems, catecholamine systems, and the hypothalamic-pituitary-adrenocortical axis. Abnormalities in these systems also are known to be induced by stress, either severe, acute stress or chronic low-grade stress.
Marxist:
Main article: Marxist criminology
In 1968, young British sociologists formed the National Deviance Conference (NDC) group. The group was restricted to academics and consisted of 300 members. Ian Taylor, Paul Walton and Jock Young – members of the NDC – rejected previous explanations of crime and deviance. Thus, they decided to pursue a new Marxist criminological approach.
In The New Criminology, they argued against the biological "positivism" perspective represented by Lombroso, Hans Eysenck and Gordon Trasler.
According to the Marxist perspective on crime, "defiance is normal – the sense that men are now consciously involved [...] in assuring their human diversity." Thus Marxists criminologists argued in support of society in which the facts of human diversity, be it social or personal, would not be criminalized. They further attributed the processes of crime creation not to genetic or psychological facts, but rather to the material basis of a given society.
State crime is a distinct field of crimes that is studied by Marxist criminology: these crimes are known to be some of the most costly to society in terms of overall harm/injury. Supplying us with the causalities of genocides, environmental degradation, and war.
These are not crimes that occur out of contempt for their fellow man. These are crimes of power to continue systems of control and hegemony which allow state crime and state corporate crime, along with state-corporate non-profit criminals, to continue governing people.
Convict:
Convict criminology is a school of thought in the realm of criminology. Convict criminologists have been directly affected by the criminal justice system, often having spent years inside the prison system. Researchers in the field of convict criminology such as John Irwin and Stephan Richards argue that traditional criminology can better be understood by those who lived in the walls of a prison. Martin Leyva argues that "prisonization" oftentimes begins before prison, in the home, community, and schools.
According to Rod Earle, Convict Criminology started in the United States after the major expansion of prisons in the 1970s, and the U.S still remains the main focus for those who study convict criminology.
Queer:
Queer criminology is a field of study that focuses on LGBT individuals and their interactions with the criminal justice system. The goals of this field of study are as follows:
- To better understand the history of LGBT individuals and the laws put against the community
- Why LGBT citizens are incarcerated and if or why they are arrested at higher rates than heterosexual and cisgender individuals
- How queer activists have fought against oppressive laws that criminalized LGBT individuals
- To conduct research and use it as a form of activism through education
Legitimacy of Queer criminology:
The value of pursuing criminology from a queer theorist perspective is contested; some believe that it is not worth researching and not relevant to the field as a whole, and as a result is a subject that lacks a wide berth of research available. On the other hand, it could be argued that this subject is highly valuable in highlighting how LGBT individuals are affected by the criminal justice system.
This research also has the opportunity to "queer" the curriculum of criminology in educational institutions by shifting the focus from controlling and monitoring LGBT communities to liberating and protecting them.
Cultural:
Cultural criminology views crime and its control within the context of culture. Ferrell believes criminologists can examine the actions of criminals, control agents, media producers, and others to construct the meaning of crime. He discusses these actions as a means to show the dominant role of culture.
Kane adds that cultural criminology has three tropes; village, city street, and media, in which males can be geographically influenced by society's views on what is broadcast and accepted as right or wrong.
The village is where one engages in available social activities. Linking the history of an individual to a location can help determine social dynamic. The city street involves positioning oneself in the cultural area. This is full of those affected by poverty, poor health and crime, and large buildings that impact the city but not neighborhoods.
Mass media gives an all-around account of the environment and the possible other subcultures that could exist beyond a specific geographical area.
It was later that Naegler and Salman introduced feminist theory to cultural criminology and discussed masculinity and femininity, sexual attraction and sexuality, and intersectional themes. Naegler and Salman believed that Ferrell's mold was limited and that they could add to the understanding of cultural criminology by studying women and those who do not fit Ferrell's mold.
Hayward would later add that not only feminist theory, but green theory as well, played a role in the cultural criminology theory through the lens of adrenaline, the soft city, the transgressive subject, and the attentive gaze. The adrenaline lens deals with rational choice and what causes a person to have their own terms of availability, opportunity, and low levels of social control.
The soft city lens deals with reality outside of the city and the imaginary sense of reality: the world where transgression occurs, where rigidity is slanted, and where rules are bent. The transgressive subject refers to a person who is attracted to rule-breaking and is attempting to be themselves in a world where everyone is against them.
The attentive gaze is when someone, mainly an ethnographer, is immersed into the culture and interested in lifestyle(s) and the symbolic, aesthetic, and visual aspects. When examined, they are left with the knowledge that they are not all the same, but come to a settlement of living together in the same space. Through it all, sociological perspective on cultural criminology theory attempts to understand how the environment an individual is in determines their criminal behavior.
Relative deprivation:
Relative deprivation involves the process where an individual measures his or her own well-being and materialistic worth against that of other people and perceive that they are worse off in comparison. When humans fail to obtain what they believe they are owed, they can experience anger or jealousy over the notion that they have been wrongly disadvantaged.
Relative deprivation was originally utilized in the field of sociology by Samuel A. Stouffer, who was a pioneer of this theory. Stouffer revealed that soldiers fighting in World War II measured their personal success by the experience in their units rather than by the standards set by the military.
Relative deprivation can be made up of societal, political, economic, or personal factors which create a sense of injustice. It is not based on absolute poverty, a condition where one cannot meet a necessary level to maintain basic living standards. Rather, relative deprivation enforces the idea that even if a person is financially stable, he or she can still feel relatively deprived.
The perception of being relatively deprived can result in criminal behavior and/or morally problematic decisions. Relative deprivation theory has increasingly been used to partially explain crime as rising living standards can result in rising crime levels. In criminology, the theory of relative deprivation explains that people who feel jealous and discontent of others might turn to crime to acquire the things that they can not afford.
Rural:
Rural criminology is the study of crime trends outside of metropolitan and suburban areas. Rural criminologists have used social disorganization and routine activity theories. The FBI Uniform Crime Report shows that rural communities have significantly different crime trends as opposed to metropolitan and suburban areas.
Crime in rural communities consists predominantly of narcotic related crimes such as the production, use, and trafficking of narcotics. Social disorganization theory is used to examine the trends involving narcotics. Social disorganization leads to narcotic use in rural areas because of low educational opportunities and high unemployment rates. Routine activity theory is used to examine all low-level street crimes such as theft.
Much of the crime in rural areas is explained through routine activity theory because there is often a lack of capable guardians in rural areas.
Public:
Public criminology is a strand within criminology closely tied to ideas associated with "public sociology," focused on disseminating criminological insights to a broader audience than academia.
Advocates of public criminology argue that criminologists should be "conducting and disseminating research on crime, law, and deviance in dialogue with affected communities."
Its goal is for academics and researchers in criminology to provide their research to the public in order to inform public decisions and policymaking. This allows criminologists to avoid the constraints of traditional criminological research.
In doing so, public criminology takes on many forms, including media and policy advising as well as activism, civic-oriented education, community outreach, expert testimony, and knowledge co-production.
Types and definitions of crime:
Both the positivist and classical schools take a consensus view of crime: that a crime is an act that violates the basic values and beliefs of society.
Those values and beliefs are manifested as laws that society agrees upon. However, there are two types of laws:
- Natural laws are rooted in core values shared by many cultures. Natural laws protect against harm to persons (e.g. murder, rape, assault) or property (theft, larceny, robbery), and form the basis of common law systems.
- Statutes are enacted by legislatures and reflect current cultural mores, albeit that some laws may be controversial, e.g. laws that prohibit cannabis use and gambling. Marxist criminology, conflict criminology, and critical criminology claim that most relationships between state and citizen are non-consensual and, as such, criminal law is not necessarily representative of public beliefs and wishes: it is exercised in the interests of the ruling or dominant class. The more right-wing criminologies tend to posit that there is a consensual social contract between state and citizen.
Therefore, definitions of crimes will vary from place to place, in accordance to the cultural norms and mores, but may be broadly classified as:
- blue-collar crime,
- corporate crime,
- organized crime,
- political crime,
- public order crime,
- state crime,
- state-corporate crime,
- and white-collar crime.
However, there have been moves in contemporary criminological theory to move away from liberal pluralism, culturalism, and postmodernism by introducing the universal term "harm" into the criminological debate as a replacement for the legal term "crime".
Subtopics:
Areas of study in criminology include:
- Comparative criminology, which is the study of the social phenomenon of crime across cultures, to identify differences and similarities in crime patterns.
- Crime prevention
- Crime statistics
- Criminal behavior
- Criminal careers and desistance
- Domestic violence
- Deviant behavior
- Evaluation of criminal justice agencies
- Fear of crime
- The International Crime Victims Survey
- Juvenile delinquency
- Penology
- Sociology of law
- Victimology
Main article: Index of criminology articles
- American Society of Criminology
- Anthropological criminology
- Asian Criminological Society
- Australia/New Zealand Society of Criminology
- British Society of Criminology
- Crime science
- European Society of Criminology
- Forensic psychology
- Forensic science
- List of criminologists
- Social cohesion
- The Mask of Sanity
- Taboo
- Public criminology
Statistical Correlations of Criminal Behavior
- YouTube Video: Impact of Poverty on Crime
- YouTube Video: Hate Crime - Religion
- YouTube Video: The Sex Crimes Paradox | Corey Rayburn Yung || Radcliffe Institute
The statistical correlations of criminal behavior explore the associations of specific non-criminal factors with specific crimes.
The field of criminology studies the dynamics of crime. Most of these studies use correlational data; that is, they attempt to identify various factors are associated with specific categories of criminal behavior. Such correlational studies led to hypotheses about the causes of these crimes.
The Handbook of Crime Correlates (2009) is a systematic review of 5200 empirical studies on crime that have been published worldwide. A crime consistency score represents the strength of relationships. The scoring depends on how consistently a statistically significant relationship was identified across multiple studies.
The authors claim that the review summarizes most of what is currently known about the variables associated with criminality. Writing in 2019, criminologist Greg Ridgeway argued that criminology was still trying to conclusively determine what causes crime.
Sex and biology:
Main article: Sex differences in crime
Crime occurs most frequently during the second and third decades of life. Males commit more crime overall and more violent crime than females. They commit more property crime except shoplifting, which is about equally distributed between the genders. Males appear to be more likely to reoffend.
Measures related to arousal such as heart rate and skin conductance are low among criminals. Mesomorphic or muscular body type is positively correlated with criminality, in particular with sexual crimes.
When controlling for age and sex, strong genetic correlates with criminality.
Low monoamine oxidase activity and low 5-HIAA levels tend to be found among criminals. Monoamine oxidase A (dubbed the "warrior gene" in the popular press) is strongly tied to an increased tendency towards violent crime. In addition, CDH13, a gene previously tied to an increased risk of substance abuse, has been tied to violent crime
These tendencies are ostensibly related, as the majority of all individuals who commit severe violent crime in Finland do so under the influence of alcohol or drugs. The presence of the genetic profile is not determinative, although it increases the likelihood of delinquency in cases where other factors are present.
Ferguson stated, 'a large percentage of our behavior in terms of violence or aggression is influenced by our biology - our genes - and our brain anatomy.' Schnupp stated, 'To call these alleles "genes for violence" would therefore be a massive exaggeration. In combination with many other factors these genes may make it a little harder for you to control violent urges, but they most emphatically do not predetermine you for a life of crime.'
Race, ethnicity and immigration:
Main articles: Race and crime and Immigration and crime
Associated factors include race and crime and status as an immigrant. In some countries, ethnically/racially diverse geographical areas have higher crime rates compared to homogeneous areas, and in other countries, it is the other way around.
Some studies on immigrants found higher rates of crime among these populations; these rates vary according to the country of origin (immigrants from some regions having lower crime rates than the native-born population).
Notions about the propensity for immigrants to commit crime vary among geographical regions. Likewise, the propensity for immigrants to commit more or less crime than the native-born population also varies geographically.
For instance within the United States, census data shows that immigrants are less likely to be incarcerated for a crime than residents who were born within the United States. The census includes both legal and illegal immigrants, as it counts the total number of people residing in an area regardless of citizenship status.
Early life:
Associated factors include:
Adult behavior;
Associated factors include high alcohol use, alcohol abuse and alcoholism, high illegal drug use and dependence, early age of first sexual intercourse and the number of sexual partners, social isolation, criminal peer groups and gang membership.
Religion:
A few studies have found a negative correlation between religiosity and criminality. A 2001 meta-analysis found, "religious beliefs and behaviors exert a moderate deterrent effect on individuals' criminal behavior", but that "studies have systematically varied in their estimation of the religion-on-crime effect due to differences in both their conceptual and methodological approaches".
This suggests that religiosity has been operationalized in varying ways, impacting the results of the findings. Additionally, 1995 paper stated that "although a few researchers have found that religion's influence is noncontingent, most have found support—especially among youths—for effects that vary by denomination, type of offense, and social and/or religious context," suggesting a complex relationship between religiosity and crime.
They also "found that, among our religiosity measures, participation in religious activities was a persistent and noncontingent inhibiter of adult crime" when controlling for other factors, such as social ecology and secular constraints.
An individual with high religious saliency (i.e. expressing the high importance of religion in their life) is less likely to be associated with criminal activities; similarly, an individual who regularly attends religious services or is highly involved in them tends to be less involved in criminality, with the exception of property damage.
Other meta-analysis research suggests that those who subscribe to more orthodox religious beliefs are less likely to engage in criminal behavior than those who do not. A 2012 study suggested that belief in hell decreases crime rates, while belief in heaven increases them, and indicated that these correlations were stronger than other correlates like national wealth or income inequality.
A 1997 study of six public high schools found no statistically significant negative correlations between religiosity and crime, or religiosity and drug use, and the only relationship between religiosity and alcohol was statistically significant. A more recent review concludes that there are insufficient data to indicate any correlation between religiosity and crime.
Furthermore, any possible correlations may not apply universally to all relatively nonreligious groups, as there is some evidence self-identified atheists have had significantly lower incarceration rates than the general public in the United States. Most studies examining correlation to date do not distinguish between different types of low religiosity.
Political ideology:
A 2016 study found statistically significant evidence that political ideology is moderately correlated with involvement in non-violent crime, among white individuals and particularly among white women. It suggests that liberal self-classification can, among some groups, be positively associated with non-violent criminal behavior compared to conservative self-classification.
Psychological traits:
Associated factors include childhood conduct disorder, adult antisocial personality disorder (also associated with each other), attention deficit hyperactivity disorder, minor depression, clinical depression, depression in the family, suicidal tendencies and schizophrenia.
The American Psychological Association's 1995 report Intelligence: Knowns and Unknowns stated that the correlation between IQ and crime was -0.2. This association is generally regarded as small and prone to disappear or be substantially reduced after controlling for the proper covariates, being much smaller than typical sociological correlates.
In his book The g Factor: The Science of Mental Ability (1998), Arthur Jensen cited data which showed that IQ was generally negatively associated with crime among people of all races, peaking between 80 and 90. Learning disability is a substantial discrepancy between IQ and academic performance and is associated with crime. Slow reading development may be particularly relevant.
It has also been shown, however, that the effect of IQ is heavily dependent on socioeconomic status and that it cannot be easily controlled away, with many methodological considerations being at play. Indeed, there is evidence that the small relationship is mediated by well-being, substance abuse, and other confounding factors that prohibit simple causal interpretation.
A recent meta-analysis has shown that the relationship is only observed in higher risk populations such as those in poverty without direct effect, but without any causal interpretation. A nationally representative longitudinal study has shown that this relationship is entirely mediated by school performance.
Several personality traits are associated with criminality:
Socioeconomic factors:
Socioeconomic status (usually measured using the three variables income (or wealth), occupational level, and years of education) correlates negatively with criminality, except for self-reported illegal drug use. Higher parental socioeconomic status probably has an inverse relationship with crime. Unstable employment and high frequency of unemployment correlate positively with criminality.
Low socioeconomic status is thought to be positively correlated with higher levels of stress, and therefore the mental and psychological ill-effects of stress. These higher stress levels would probably be correlated positively with the propensity to commit a crime.
Somewhat inconsistent evidence indicates a positive relationship between low income levels, the percentage of population under the poverty line, low education levels, and high income inequality in an area with more crime in said area.
A 2013 study from Sweden argued that there was little effect of neighborhood deprivation on criminality per se and rather that the higher rates of crime were due to observed and unobserved family and individual level factors, indicating that high-risk individuals were being selected into economically deprived areas.
A World Bank study said, “Crime rates and inequality are positively correlated within countries and, particularly, between countries, and this correlation reflects causation from inequality to crime rates, even after controlling for other crime determinants.”
Researchers in criminology have argued the effect of poverty upon crime is contextual.
As Levi noted, macrolevel accounts ‘seldom generate anything close to a causal account which makes sense of nonviolence as well as of violence’. Put another way, the vast majority of individuals who live in conditions of poverty or disadvantage do not resort to violence at any time. Hence, in order to understand the patterns of violence that actually occur, it is imperative to study the social experiences of those who engage in it (Athens 1992).
Geographic factors:
Associated factors include areas with population size, neighborhood quality, residential mobility, tavern and alcohol density, gambling and tourist density, proximity to the equator, temperature (weather and season). The higher crime rate in the southern US largely disappears after controlling for non-climatic factors.
Parent/child relationships:
Children whose parents did not want children are more likely to commit crimes. Such children are less likely to succeed in school, and are more likely to live in poverty. They tend to have lower mother-child relationship quality.
Biosocial criminology and other analysis of environmental factors:
Main articles: Biosocial criminology and Environmental criminology
Biosocial criminology is an interdisciplinary field that aims to explain crime and antisocial behavior by exploring both biological factors and environmental factors. While contemporary criminology has been dominated by sociological theories, biosocial criminology also recognizes the potential contributions of fields such as genetics, neuropsychology and evolutionary psychology.
Aggressive behavior has been associated with abnormalities in three principal regulatory systems in the body:
Abnormalities in these systems also are known to be induced by stress, either severe, acute stress or chronic low-grade stress.
In environmental terms, the theory that crime rates and lead exposure are connected, with increases in the latter causing increases in the former, has attracted much scientific analysis.
In 2011, a report published by the official United Nations News Centre remarked, "Ridding the world of leaded petrol, with the United Nations leading the effort in developing countries, has resulted in $2.4 trillion in annual benefits, 1.2 million fewer premature deaths, higher overall intelligence and 58 million fewer crimes".
The California State University did the specific study. Then U.N. Environment Programme (UNEP) executive director Achim Steiner argued, "Although this global effort has often flown below the radar of media and global leaders, it is clear that the elimination of leaded petrol is an immense achievement on par with the global elimination of major deadly diseases."
See also:
The field of criminology studies the dynamics of crime. Most of these studies use correlational data; that is, they attempt to identify various factors are associated with specific categories of criminal behavior. Such correlational studies led to hypotheses about the causes of these crimes.
The Handbook of Crime Correlates (2009) is a systematic review of 5200 empirical studies on crime that have been published worldwide. A crime consistency score represents the strength of relationships. The scoring depends on how consistently a statistically significant relationship was identified across multiple studies.
The authors claim that the review summarizes most of what is currently known about the variables associated with criminality. Writing in 2019, criminologist Greg Ridgeway argued that criminology was still trying to conclusively determine what causes crime.
Sex and biology:
Main article: Sex differences in crime
Crime occurs most frequently during the second and third decades of life. Males commit more crime overall and more violent crime than females. They commit more property crime except shoplifting, which is about equally distributed between the genders. Males appear to be more likely to reoffend.
Measures related to arousal such as heart rate and skin conductance are low among criminals. Mesomorphic or muscular body type is positively correlated with criminality, in particular with sexual crimes.
When controlling for age and sex, strong genetic correlates with criminality.
Low monoamine oxidase activity and low 5-HIAA levels tend to be found among criminals. Monoamine oxidase A (dubbed the "warrior gene" in the popular press) is strongly tied to an increased tendency towards violent crime. In addition, CDH13, a gene previously tied to an increased risk of substance abuse, has been tied to violent crime
These tendencies are ostensibly related, as the majority of all individuals who commit severe violent crime in Finland do so under the influence of alcohol or drugs. The presence of the genetic profile is not determinative, although it increases the likelihood of delinquency in cases where other factors are present.
Ferguson stated, 'a large percentage of our behavior in terms of violence or aggression is influenced by our biology - our genes - and our brain anatomy.' Schnupp stated, 'To call these alleles "genes for violence" would therefore be a massive exaggeration. In combination with many other factors these genes may make it a little harder for you to control violent urges, but they most emphatically do not predetermine you for a life of crime.'
Race, ethnicity and immigration:
Main articles: Race and crime and Immigration and crime
Associated factors include race and crime and status as an immigrant. In some countries, ethnically/racially diverse geographical areas have higher crime rates compared to homogeneous areas, and in other countries, it is the other way around.
Some studies on immigrants found higher rates of crime among these populations; these rates vary according to the country of origin (immigrants from some regions having lower crime rates than the native-born population).
Notions about the propensity for immigrants to commit crime vary among geographical regions. Likewise, the propensity for immigrants to commit more or less crime than the native-born population also varies geographically.
For instance within the United States, census data shows that immigrants are less likely to be incarcerated for a crime than residents who were born within the United States. The census includes both legal and illegal immigrants, as it counts the total number of people residing in an area regardless of citizenship status.
Early life:
Associated factors include:
- maternal smoking during pregnancy,
- low birth weight,
- perinatal trauma/birth complications
- child maltreatment,
- low parent-child attachment,
- marital discord/family discord,
- alcoholism and drug use in the family,
- low parental supervision/monitoring,
- family size and birth order,
- nocturnal enuresis or bed wetting,
- bullying,
- school disciplinary problems,
- truancy,
- low grade point average,
- dropping out of high school
- and childhood lead exposure.
Adult behavior;
Associated factors include high alcohol use, alcohol abuse and alcoholism, high illegal drug use and dependence, early age of first sexual intercourse and the number of sexual partners, social isolation, criminal peer groups and gang membership.
Religion:
A few studies have found a negative correlation between religiosity and criminality. A 2001 meta-analysis found, "religious beliefs and behaviors exert a moderate deterrent effect on individuals' criminal behavior", but that "studies have systematically varied in their estimation of the religion-on-crime effect due to differences in both their conceptual and methodological approaches".
This suggests that religiosity has been operationalized in varying ways, impacting the results of the findings. Additionally, 1995 paper stated that "although a few researchers have found that religion's influence is noncontingent, most have found support—especially among youths—for effects that vary by denomination, type of offense, and social and/or religious context," suggesting a complex relationship between religiosity and crime.
They also "found that, among our religiosity measures, participation in religious activities was a persistent and noncontingent inhibiter of adult crime" when controlling for other factors, such as social ecology and secular constraints.
An individual with high religious saliency (i.e. expressing the high importance of religion in their life) is less likely to be associated with criminal activities; similarly, an individual who regularly attends religious services or is highly involved in them tends to be less involved in criminality, with the exception of property damage.
Other meta-analysis research suggests that those who subscribe to more orthodox religious beliefs are less likely to engage in criminal behavior than those who do not. A 2012 study suggested that belief in hell decreases crime rates, while belief in heaven increases them, and indicated that these correlations were stronger than other correlates like national wealth or income inequality.
A 1997 study of six public high schools found no statistically significant negative correlations between religiosity and crime, or religiosity and drug use, and the only relationship between religiosity and alcohol was statistically significant. A more recent review concludes that there are insufficient data to indicate any correlation between religiosity and crime.
Furthermore, any possible correlations may not apply universally to all relatively nonreligious groups, as there is some evidence self-identified atheists have had significantly lower incarceration rates than the general public in the United States. Most studies examining correlation to date do not distinguish between different types of low religiosity.
Political ideology:
A 2016 study found statistically significant evidence that political ideology is moderately correlated with involvement in non-violent crime, among white individuals and particularly among white women. It suggests that liberal self-classification can, among some groups, be positively associated with non-violent criminal behavior compared to conservative self-classification.
Psychological traits:
Associated factors include childhood conduct disorder, adult antisocial personality disorder (also associated with each other), attention deficit hyperactivity disorder, minor depression, clinical depression, depression in the family, suicidal tendencies and schizophrenia.
The American Psychological Association's 1995 report Intelligence: Knowns and Unknowns stated that the correlation between IQ and crime was -0.2. This association is generally regarded as small and prone to disappear or be substantially reduced after controlling for the proper covariates, being much smaller than typical sociological correlates.
In his book The g Factor: The Science of Mental Ability (1998), Arthur Jensen cited data which showed that IQ was generally negatively associated with crime among people of all races, peaking between 80 and 90. Learning disability is a substantial discrepancy between IQ and academic performance and is associated with crime. Slow reading development may be particularly relevant.
It has also been shown, however, that the effect of IQ is heavily dependent on socioeconomic status and that it cannot be easily controlled away, with many methodological considerations being at play. Indeed, there is evidence that the small relationship is mediated by well-being, substance abuse, and other confounding factors that prohibit simple causal interpretation.
A recent meta-analysis has shown that the relationship is only observed in higher risk populations such as those in poverty without direct effect, but without any causal interpretation. A nationally representative longitudinal study has shown that this relationship is entirely mediated by school performance.
Several personality traits are associated with criminality:
- impulsivity,
- psychoticism,
- sensation-seeking,
- (low) self control,
- childhood aggression,
- low empathy
- and low altruism.
Socioeconomic factors:
Socioeconomic status (usually measured using the three variables income (or wealth), occupational level, and years of education) correlates negatively with criminality, except for self-reported illegal drug use. Higher parental socioeconomic status probably has an inverse relationship with crime. Unstable employment and high frequency of unemployment correlate positively with criminality.
Low socioeconomic status is thought to be positively correlated with higher levels of stress, and therefore the mental and psychological ill-effects of stress. These higher stress levels would probably be correlated positively with the propensity to commit a crime.
Somewhat inconsistent evidence indicates a positive relationship between low income levels, the percentage of population under the poverty line, low education levels, and high income inequality in an area with more crime in said area.
A 2013 study from Sweden argued that there was little effect of neighborhood deprivation on criminality per se and rather that the higher rates of crime were due to observed and unobserved family and individual level factors, indicating that high-risk individuals were being selected into economically deprived areas.
A World Bank study said, “Crime rates and inequality are positively correlated within countries and, particularly, between countries, and this correlation reflects causation from inequality to crime rates, even after controlling for other crime determinants.”
Researchers in criminology have argued the effect of poverty upon crime is contextual.
As Levi noted, macrolevel accounts ‘seldom generate anything close to a causal account which makes sense of nonviolence as well as of violence’. Put another way, the vast majority of individuals who live in conditions of poverty or disadvantage do not resort to violence at any time. Hence, in order to understand the patterns of violence that actually occur, it is imperative to study the social experiences of those who engage in it (Athens 1992).
Geographic factors:
Associated factors include areas with population size, neighborhood quality, residential mobility, tavern and alcohol density, gambling and tourist density, proximity to the equator, temperature (weather and season). The higher crime rate in the southern US largely disappears after controlling for non-climatic factors.
Parent/child relationships:
Children whose parents did not want children are more likely to commit crimes. Such children are less likely to succeed in school, and are more likely to live in poverty. They tend to have lower mother-child relationship quality.
Biosocial criminology and other analysis of environmental factors:
Main articles: Biosocial criminology and Environmental criminology
Biosocial criminology is an interdisciplinary field that aims to explain crime and antisocial behavior by exploring both biological factors and environmental factors. While contemporary criminology has been dominated by sociological theories, biosocial criminology also recognizes the potential contributions of fields such as genetics, neuropsychology and evolutionary psychology.
Aggressive behavior has been associated with abnormalities in three principal regulatory systems in the body:
Abnormalities in these systems also are known to be induced by stress, either severe, acute stress or chronic low-grade stress.
In environmental terms, the theory that crime rates and lead exposure are connected, with increases in the latter causing increases in the former, has attracted much scientific analysis.
In 2011, a report published by the official United Nations News Centre remarked, "Ridding the world of leaded petrol, with the United Nations leading the effort in developing countries, has resulted in $2.4 trillion in annual benefits, 1.2 million fewer premature deaths, higher overall intelligence and 58 million fewer crimes".
The California State University did the specific study. Then U.N. Environment Programme (UNEP) executive director Achim Steiner argued, "Although this global effort has often flown below the radar of media and global leaders, it is clear that the elimination of leaded petrol is an immense achievement on par with the global elimination of major deadly diseases."
See also:
- Causality
- Crime statistics
- Criminology
- Sex differences in crime
- Racial differences in crime
- Ellis, Lee; Beaver, Kevin M.; Wright, John (1 April 2009. Handbook of Crime Correlates. Academic Press. ISBN 9780123736123.
Law and Order by the States including the Top 50 Strangest State Laws
- YouTube Video: Federal vs State Laws
- YouTube Video: Can Federal Courts Dictate State Law?
- YouTube Video: Can States Ignore Federal Law?
In the United States, state law refers to the law of each separate U.S. state.
The fifty states are separate sovereigns, with their own state constitutions, state governments, and state courts. All states have a legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances.
States retain plenary power to make laws covering anything not preempted by the federal Constitution, federal statutes, or international treaties ratified by the federal Senate.
Normally, state supreme courts are the final interpreters of state institutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of certiorari.
State laws have dramatically diverged in the centuries since independence, to the extent that the United States cannot be regarded as one legal system (as to the majority of types of law traditionally under state control), but instead as 50 separate systems of tort law, family law, property law, contract law, criminal law, and so on.
Most cases are litigated in state courts and involve claims and defenses under state laws. In a 2012 report, the National Center for State Courts' Court Statistics Project found that state trial courts received 103.5 million newly filed cases in 2010, which consisted of 57.8 million traffic cases, 20.4 million criminal cases, 19.0 million civil cases, 5.9 million domestic relations cases, and 1.9 million juvenile cases.
In 2010, state appellate courts received 272,795 new cases. By way of comparison, all federal district courts in 2010 together received only about 282,000 new civil cases, 77,000 new criminal cases, and 1.5 million bankruptcy cases, while federal appellate courts received 56,000 new cases.
A Partial List of State legal systems:
Interstate diversity:
The law of most of the states is based on the common law of England; the notable exception is Louisiana, whose civil law is largely based upon French and Spanish law. The passage of time has led to state courts and legislatures expanding, overruling, or modifying the common law; as a result, the laws of any given state invariably differ from the laws of its sister states.
Thus, as noted above, the U.S. must be regarded as 50 separate systems of tort law, family law, property law, contract law, criminal law, and so on (In addition, the District of Columbia and the federal territories also have their own separate legal systems analogous to state legal systems, although they do not enjoy state sovereignty.)
A typical example of the diversity of contemporary state law is the legal test for finding a duty of care, the first element required to proceed with a lawsuit for negligence (the basis for most personal injury lawsuits).
A 2011 article found that 43 states use a multifactor balancing test usually consisting of four to eight factors, but there are 23 various incarnations because so few states use exactly the same test, and consolidating those into a single list results in 42 unique factors. Naturally, the laws of different states frequently come into conflict with each other, which has given rise to a huge body of law regulating the conflict of laws in the United States.
The diversity of U.S. state law first became a notable problem during the late 19th-century
era known as the Gilded Age, when interstate commerce was nurtured by then-novel technologies like the telegraph, the telephone, the steamship, and the railroad. Many lawyers during the Gilded Age complained about how the diversity and volume of state law hampered interstate trade and introduced complexity and inconvenience into virtually any interstate transaction (commercial or otherwise).
This widespread frustration was evident at the founding of the American Bar Association in 1878; one of the ABA's original founding purposes was to promote "uniformity of legislation throughout the Union." There have been three major reactions to this problem, none of which were completely successful: codification, uniform acts, and the Restatements.
Codification:
See also: Codification (law) and List of U.S. state legal codes
The United States, with the exception of Louisiana, originally inherited a common law system in which the law was not organized and restated such that it could be identified as (1) relevant to a particular legal question and (2) currently in force. The process of organizing the law, called codification, was borrowed from the civil law through the efforts of American lawyer David Dudley Field.
Field, in turn, was building upon early (but wholly unsuccessful) foundational work by the English legal philosopher Jeremy Bentham, who actually coined the verb "to codify" for the process of drafting a legal code The earliest attempt at codification occurred in Massachusetts with a 1648 publication.
Today, all states but Pennsylvania have completed the process of codifying all of their general statutory law into legal codes.
Naturally, there is much diversity in the structure of the state codes, reflecting the diversity of the statutory law on which they were built. New York's codes are known as "Laws." California and Texas simply call them "Codes." Other states use terms such as "Code of [state name]", "Revised Statutes", or "Compiled Statutes" for their compilations. California, New York, and Texas use separate subject-specific codes; Maryland's code has, as of 2016, been completely recodified from numbered articles into named articles; virtually all other states and the federal government use a single code divided into numbered titles or other top-level divisions.
Louisiana is a unique hybrid in that it has five subject-specific codes and a set of Revised Statutes for everything else. A poorly drafted 1864 anti-corruption amendment to Pennsylvania's constitution prevented its legislature from starting comprehensive codification until 1970 (after the state constitution was finally amended to add the necessary exception in 1967).
The advantage of codification is that once the state legislature becomes accustomed to writing new laws as amendments to an existing code, the code will usually reflect democratic sentiment as to what the current law is (though the entire state of the law must always be ascertained by reviewing case law to determine how judges have interpreted a particular codified statute).
In contrast, in jurisdictions with uncodified statutes, like the United Kingdom, determining what the law is can be a more difficult process. One has to trace back to the earliest relevant Act of Parliament, and then identify all later Acts which amended the earlier Act, or which directly overrode it. For example, when the UK decided to create a Supreme Court of the United Kingdom, lawmakers had to identify every single Act referring to the House of Lords that was still good law, and then amend all of those laws to refer to the Supreme Court.
In most U.S. states, certain areas of the law, especially the law of contracts and torts, continue to exist primarily in the form of case law, subject only to limited statutory modifications and refinements.
Thus, for example, there is no statute in most states which one can consult for answers on basic issues like the essential elements of a contract. Rather, one must consult case law, with all the complexity and difficulty that implies.
Major exceptions include the states of California, Montana, North Dakota, and South Dakota as well as the territory of Guam, all of which largely enacted Field's proposed civil code even though it was repeatedly rejected and never enacted by his home state of New York. Idaho partially enacted the contract portions of Field's civil code but omitted the tort sections.
Georgia initiated its own full codification independent of Field, which resulted in the enactment of the oldest ancestor of the modern Official Code of Georgia Annotated in 1861.
As Field belatedly conceded in an 1889 article, Georgia's code was enacted before his civil code, but he was unaware of the Georgia codification project because of the breakdown in interstate communications that preceded the American Civil War.
In some states, codification is often treated as a mere restatement of the common law, to the extent that the subject matter of the particular statute at issue was covered by some judge-made principle at common law.
California is notorious for a confused approach to the interpretation and application of codified statutes: "California judges wandered between expansive construction and traditional strict construction, lingering at every point in between—sometimes all in the course of the same opinion." In other states, there is a tradition of strict adherence to the plain text of the codes.
Uniform acts:
Main article: Uniform Act
Efforts by various organizations to create uniform acts have been only partially successful.
The two leading organizations are the American Law Institute (ALI) and the Uniform Law Commission (ULC), formerly known as the National Conference of Commissioners on Uniform State Laws (NCCUSL).
Uniform acts are proposed by private organizations like ULC to cover areas of law traditionally governed by the states where it would be useful to have a consistent set of rules across the various states. The most successful and influential uniform acts are the Uniform Commercial Code (a joint ALI-ULC project) and the Model Penal Code (from ALI).
However, uniform acts can only become the law of a state if they are actually enacted by the state legislature. Many uniform acts have never been taken up by state legislatures, or were successfully enacted in only a handful of states, thereby limiting their usefulness.
Restatements:
Main article: Restatements of the Law
Upon its founding in 1923, ALI promptly launched its most ambitious and well-known enterprise: the creation of Restatements of the Law which are widely used by lawyers and judges throughout the United States to simplify the task of identifying and summarizing the current status of the common law.
Instead of listing long, tedious citations of old cases that may not fit very well together (in order to invoke the long-established principles supposedly contained in those cases), or citing a treatise which may reflect the view of only one or two authors, they can simply cite a Restatement section (which is supposed to reflect the consensus of the American legal community) to refer to a particular common law principle.
The Restatements are often followed by state courts on issues of first impression in a particular state because they correctly state the current trend followed by most states on that issue. However, the Restatements are merely persuasive authority. This means that state courts (especially at the appellate level) can and have deviated from Restatement positions on a variety of issues.
Civil law issues:
See also: Civil law (legal system)
Much of Louisiana law is derived from French and Spanish civil law, which stems from its history as a colony of both France and Spain. Puerto Rico, a former Spanish colony, is also a civil law jurisdiction of the United States. However, the criminal law of both jurisdictions has been necessarily modified by common law influences and the supremacy of the federal Constitution.
Furthermore, Puerto Rico is also unique in that it is the only U.S. jurisdiction in which the everyday working language of court proceedings, statutes, regulations, and case law is Spanish. All states, the federal government, and most territories use American English as their working language.
Some states, such as California, do provide certain court forms in other languages (Chinese, Korean, Spanish, Vietnamese) for the convenience of immigrants and naturalized citizens.
But American law as developed through statutes, regulations, and case law is always in English, attorneys are expected to take and pass the bar examination in English, judges hear oral argument, supervise trials, and issue orders from the bench in English, and testimony and documents originating in other languages are translated into English before being incorporated into the official record of a case.
Many states in the southwest that were originally Mexican territory have inherited several unique features from the civil law that governed when they were part of Mexico. These states include Arizona, California, Nevada, New Mexico, and Texas.
For example, these states all have a community property system for the property of married persons (Idaho, Washington, and Wisconsin have also adopted community property systems, but they did not inherit them from a previous civil law system that governed the state). Another example of civil law influence in these states can be seen in the California Civil Code, where the law of contracts is treated as part of the law of obligations.
Many of the western states, including California, Colorado, New Mexico, and Wyoming use a system of allocating water rights known as the prior appropriation doctrine, which is derived from Spanish civil law. Each state has modified the doctrine to suit its own internal conditions and needs.
See also:
Criminal Justice Resources: The Top 50 Strangest State Laws:
Laws are designed to keep people safe and ensure that order is maintained in a society. There are federal laws, which apply to the entire United States, and there are also state by state laws, which only apply to the residents of that particular state, or to visitors of the state.
Some state laws, however, are rather odd and unusual. Many of these laws were created a long time ago and might not be enforced today, but they are still on the books. These weird and sometimes completely confusing laws are often still written in the state’s legislature, but no one really holds the “law breakers” accountable:
The fifty states are separate sovereigns, with their own state constitutions, state governments, and state courts. All states have a legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances.
States retain plenary power to make laws covering anything not preempted by the federal Constitution, federal statutes, or international treaties ratified by the federal Senate.
Normally, state supreme courts are the final interpreters of state institutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of certiorari.
State laws have dramatically diverged in the centuries since independence, to the extent that the United States cannot be regarded as one legal system (as to the majority of types of law traditionally under state control), but instead as 50 separate systems of tort law, family law, property law, contract law, criminal law, and so on.
Most cases are litigated in state courts and involve claims and defenses under state laws. In a 2012 report, the National Center for State Courts' Court Statistics Project found that state trial courts received 103.5 million newly filed cases in 2010, which consisted of 57.8 million traffic cases, 20.4 million criminal cases, 19.0 million civil cases, 5.9 million domestic relations cases, and 1.9 million juvenile cases.
In 2010, state appellate courts received 272,795 new cases. By way of comparison, all federal district courts in 2010 together received only about 282,000 new civil cases, 77,000 new criminal cases, and 1.5 million bankruptcy cases, while federal appellate courts received 56,000 new cases.
A Partial List of State legal systems:
- Law of California
- Law of Colorado
- Law of Connecticut
- Law of Florida
- Law of Georgia
- Law of Illinois
- Law of Louisiana
- Law of Massachusetts
- Law of Michigan
- Law of New Hampshire
- Law of New Jersey
- Law of New York (state)
- Law of North Carolina
- Law of Ohio
- Law of Pennsylvania
- Law of Texas
- Law of Virginia
- Law of Washington (state)
Interstate diversity:
The law of most of the states is based on the common law of England; the notable exception is Louisiana, whose civil law is largely based upon French and Spanish law. The passage of time has led to state courts and legislatures expanding, overruling, or modifying the common law; as a result, the laws of any given state invariably differ from the laws of its sister states.
Thus, as noted above, the U.S. must be regarded as 50 separate systems of tort law, family law, property law, contract law, criminal law, and so on (In addition, the District of Columbia and the federal territories also have their own separate legal systems analogous to state legal systems, although they do not enjoy state sovereignty.)
A typical example of the diversity of contemporary state law is the legal test for finding a duty of care, the first element required to proceed with a lawsuit for negligence (the basis for most personal injury lawsuits).
A 2011 article found that 43 states use a multifactor balancing test usually consisting of four to eight factors, but there are 23 various incarnations because so few states use exactly the same test, and consolidating those into a single list results in 42 unique factors. Naturally, the laws of different states frequently come into conflict with each other, which has given rise to a huge body of law regulating the conflict of laws in the United States.
The diversity of U.S. state law first became a notable problem during the late 19th-century
era known as the Gilded Age, when interstate commerce was nurtured by then-novel technologies like the telegraph, the telephone, the steamship, and the railroad. Many lawyers during the Gilded Age complained about how the diversity and volume of state law hampered interstate trade and introduced complexity and inconvenience into virtually any interstate transaction (commercial or otherwise).
This widespread frustration was evident at the founding of the American Bar Association in 1878; one of the ABA's original founding purposes was to promote "uniformity of legislation throughout the Union." There have been three major reactions to this problem, none of which were completely successful: codification, uniform acts, and the Restatements.
Codification:
See also: Codification (law) and List of U.S. state legal codes
The United States, with the exception of Louisiana, originally inherited a common law system in which the law was not organized and restated such that it could be identified as (1) relevant to a particular legal question and (2) currently in force. The process of organizing the law, called codification, was borrowed from the civil law through the efforts of American lawyer David Dudley Field.
Field, in turn, was building upon early (but wholly unsuccessful) foundational work by the English legal philosopher Jeremy Bentham, who actually coined the verb "to codify" for the process of drafting a legal code The earliest attempt at codification occurred in Massachusetts with a 1648 publication.
Today, all states but Pennsylvania have completed the process of codifying all of their general statutory law into legal codes.
Naturally, there is much diversity in the structure of the state codes, reflecting the diversity of the statutory law on which they were built. New York's codes are known as "Laws." California and Texas simply call them "Codes." Other states use terms such as "Code of [state name]", "Revised Statutes", or "Compiled Statutes" for their compilations. California, New York, and Texas use separate subject-specific codes; Maryland's code has, as of 2016, been completely recodified from numbered articles into named articles; virtually all other states and the federal government use a single code divided into numbered titles or other top-level divisions.
Louisiana is a unique hybrid in that it has five subject-specific codes and a set of Revised Statutes for everything else. A poorly drafted 1864 anti-corruption amendment to Pennsylvania's constitution prevented its legislature from starting comprehensive codification until 1970 (after the state constitution was finally amended to add the necessary exception in 1967).
The advantage of codification is that once the state legislature becomes accustomed to writing new laws as amendments to an existing code, the code will usually reflect democratic sentiment as to what the current law is (though the entire state of the law must always be ascertained by reviewing case law to determine how judges have interpreted a particular codified statute).
In contrast, in jurisdictions with uncodified statutes, like the United Kingdom, determining what the law is can be a more difficult process. One has to trace back to the earliest relevant Act of Parliament, and then identify all later Acts which amended the earlier Act, or which directly overrode it. For example, when the UK decided to create a Supreme Court of the United Kingdom, lawmakers had to identify every single Act referring to the House of Lords that was still good law, and then amend all of those laws to refer to the Supreme Court.
In most U.S. states, certain areas of the law, especially the law of contracts and torts, continue to exist primarily in the form of case law, subject only to limited statutory modifications and refinements.
Thus, for example, there is no statute in most states which one can consult for answers on basic issues like the essential elements of a contract. Rather, one must consult case law, with all the complexity and difficulty that implies.
Major exceptions include the states of California, Montana, North Dakota, and South Dakota as well as the territory of Guam, all of which largely enacted Field's proposed civil code even though it was repeatedly rejected and never enacted by his home state of New York. Idaho partially enacted the contract portions of Field's civil code but omitted the tort sections.
Georgia initiated its own full codification independent of Field, which resulted in the enactment of the oldest ancestor of the modern Official Code of Georgia Annotated in 1861.
As Field belatedly conceded in an 1889 article, Georgia's code was enacted before his civil code, but he was unaware of the Georgia codification project because of the breakdown in interstate communications that preceded the American Civil War.
In some states, codification is often treated as a mere restatement of the common law, to the extent that the subject matter of the particular statute at issue was covered by some judge-made principle at common law.
California is notorious for a confused approach to the interpretation and application of codified statutes: "California judges wandered between expansive construction and traditional strict construction, lingering at every point in between—sometimes all in the course of the same opinion." In other states, there is a tradition of strict adherence to the plain text of the codes.
Uniform acts:
Main article: Uniform Act
Efforts by various organizations to create uniform acts have been only partially successful.
The two leading organizations are the American Law Institute (ALI) and the Uniform Law Commission (ULC), formerly known as the National Conference of Commissioners on Uniform State Laws (NCCUSL).
Uniform acts are proposed by private organizations like ULC to cover areas of law traditionally governed by the states where it would be useful to have a consistent set of rules across the various states. The most successful and influential uniform acts are the Uniform Commercial Code (a joint ALI-ULC project) and the Model Penal Code (from ALI).
However, uniform acts can only become the law of a state if they are actually enacted by the state legislature. Many uniform acts have never been taken up by state legislatures, or were successfully enacted in only a handful of states, thereby limiting their usefulness.
Restatements:
Main article: Restatements of the Law
Upon its founding in 1923, ALI promptly launched its most ambitious and well-known enterprise: the creation of Restatements of the Law which are widely used by lawyers and judges throughout the United States to simplify the task of identifying and summarizing the current status of the common law.
Instead of listing long, tedious citations of old cases that may not fit very well together (in order to invoke the long-established principles supposedly contained in those cases), or citing a treatise which may reflect the view of only one or two authors, they can simply cite a Restatement section (which is supposed to reflect the consensus of the American legal community) to refer to a particular common law principle.
The Restatements are often followed by state courts on issues of first impression in a particular state because they correctly state the current trend followed by most states on that issue. However, the Restatements are merely persuasive authority. This means that state courts (especially at the appellate level) can and have deviated from Restatement positions on a variety of issues.
Civil law issues:
See also: Civil law (legal system)
Much of Louisiana law is derived from French and Spanish civil law, which stems from its history as a colony of both France and Spain. Puerto Rico, a former Spanish colony, is also a civil law jurisdiction of the United States. However, the criminal law of both jurisdictions has been necessarily modified by common law influences and the supremacy of the federal Constitution.
Furthermore, Puerto Rico is also unique in that it is the only U.S. jurisdiction in which the everyday working language of court proceedings, statutes, regulations, and case law is Spanish. All states, the federal government, and most territories use American English as their working language.
Some states, such as California, do provide certain court forms in other languages (Chinese, Korean, Spanish, Vietnamese) for the convenience of immigrants and naturalized citizens.
But American law as developed through statutes, regulations, and case law is always in English, attorneys are expected to take and pass the bar examination in English, judges hear oral argument, supervise trials, and issue orders from the bench in English, and testimony and documents originating in other languages are translated into English before being incorporated into the official record of a case.
Many states in the southwest that were originally Mexican territory have inherited several unique features from the civil law that governed when they were part of Mexico. These states include Arizona, California, Nevada, New Mexico, and Texas.
For example, these states all have a community property system for the property of married persons (Idaho, Washington, and Wisconsin have also adopted community property systems, but they did not inherit them from a previous civil law system that governed the state). Another example of civil law influence in these states can be seen in the California Civil Code, where the law of contracts is treated as part of the law of obligations.
Many of the western states, including California, Colorado, New Mexico, and Wyoming use a system of allocating water rights known as the prior appropriation doctrine, which is derived from Spanish civil law. Each state has modified the doctrine to suit its own internal conditions and needs.
See also:
- List of U.S. state legal codes
- Uniform Act
- State constitution (United States)
- State legislature (United States)
Criminal Justice Resources: The Top 50 Strangest State Laws:
Laws are designed to keep people safe and ensure that order is maintained in a society. There are federal laws, which apply to the entire United States, and there are also state by state laws, which only apply to the residents of that particular state, or to visitors of the state.
Some state laws, however, are rather odd and unusual. Many of these laws were created a long time ago and might not be enforced today, but they are still on the books. These weird and sometimes completely confusing laws are often still written in the state’s legislature, but no one really holds the “law breakers” accountable:
- Alabama: It is not permitted to playing the game of dominos on Sundays.
- Alaska: You cannot wake a bear up in order to take a picture with it in the state of Alaska.
- Arizona: According to a law in Tucson, Arizona, women are not allowed to wear pants.
- Arkansas: Men can beat their wives, but only once per month in Arkansas.
- California: Mousetraps cannot be used in California without an official hunting license.
- Colorado: In Pueblo, Colorado, dandelions cannot be grown within the city limits.
- Connecticut: Dogs cannot get an education in Hartford, Connecticut.
- Delaware: A marriage can be annulled if the marriage occurred because of a dare.
- Florida: It is against the law to imitate an animal in the city of Miami.
- Georgia: Barbers cannot advertise the price of a haircut or any other services in the state of Georgia.
- Hawaii: Ironically, the laws of Hawaii say you cannot appear in public wearing only swimming trunks.
- Idaho: If you’re giving your sweetheart a box of candy in Idaho, it must weigh more than 50 pounds.
- Illinois: It is very clearly stated that all cars in Illinois must be driven with a steering wheel included.
- Indian: aIn South Bend, Indiana, monkeys cannot smoke cigarettes.
- Iowa: No one can be charged an admission cost to see a one-armed piano player in the state of Iowa.
- Kansas: Cherry pie a la mode cannot be served on Sundays in Kansas.
- Kentucky: Kentucky law states that people must bathe at least once per year.
- Louisiana: Gargling in public is illegal in Louisiana.
- Maine: You cannot win more than three dollars from gambling in the state of Maine.
- Maryland: Oysters must be treated properly in Maryland by law.
- Massachusetts: Tomatoes are not permitted in clam chowder in the state of Massachusetts.
- Michigan: A woman’s hair is her husband’s legal property in Michigan.
- Minnesota: Women impersonating Santa Claus can face up to thirty days in prison.
- Mississippi: You cannot kill your “servant” in Mississippi.
- Missouri: Men must have permits to shave in the state of Missouri.
- Montana: Wives cannot open their husbands’ mail or else they face felony charges.
- Nebraska: Soup must be made at the same time bartenders serve beer in Nebraska.
- Nevada: Camels cannot be driven on the highway in Nevada.
- New Hampshire: You cannot check into a hotel under a false name in New Hampshire.
- New Jersey: Forget buying cabbage on Sunday in New Jersey: it’s illegal!
- New Mexico: The city of Carlsbad has banned the Miriam-Webster collegiate dictionary.
- New York: It is illegal in New York to throw a ball at a person’s head for fun.
- North Carolina: The city of Ashland prohibits public sneezing on city streets.
- North Dakota: You cannot fall asleep with your shoes still on in North Dakota.
- Ohio: In the state of Ohio you cannot have a bear without a license.
- Oklahoma: No ugly or funny faces shall be made at dogs in the state of Oklahoma.
- Oregon: No one can bathe without wearing acceptable clothing that covers their body from the neck to their knees.
- Pennsylvania: Marriages cannot be performed if either the bride or groom is drunk.
- Rhode Island: It is illegal to throw pickle juice on a trolley in Rhode Island.
- South Carolina: Everyone living in South Carolina must take their gun to church with them.
- South Dakota: You cannot fall asleep while in a cheese factory in South Dakota.
- Tennessee: You are not allowed to drive and sleep in the state of Tennessee.
- Texas: In the state of Texas, no one is allowed to have a pair of pliers on them at any time.
- Utah: All birds are granted the right of way on highways in Utah.
- Vermont: You must not deny that God exists in Vermont.
- Virginia: In Richmond, Virginia, it’s illegal to flip a coin to determine who will buy the coffee.
- Washington: It’s against the law to pretend your parents are rich in Washington state.
- West Virginia: No adults allowed: In the state of West Virginia, only babies are allowed to ride in baby carriages.
- Wisconsin: There will be no kissing on trains in Wisconsin!
- Wyoming: Women cannot stand within five feet of a bar.
County Police in the United States
- YouTube Video: What Does a County Sheriff Do?
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- YouTube Video: Police chase robbery suspect through streets of Kansas City
In the United States, the powers, duties, and even existence of county police forces vary widely depending on the state, and even on the particular county (parish in Louisiana) within a state. County police forces as autonomous entities are relatively rare and tend to exist only in metropolitan counties.
Many states also have a sheriff's office which are usually formed on a county basis and traditionally carry out duties related to the functioning of the courts and legal system, such as service of process, executing legal writs, and protection for the local courthouse and its judges.
Many state constitutions mandate that the position of sheriff be created, which leads many states to also give sheriffs the duties of a county police to avoid having overlapping departments with similar duties, leaving the sheriff as the exclusive law enforcement agency for a county.
Some counties that previously had both a county police force and a sheriff's office have merged the two, leaving the sheriff in command of the unified force, as the sheriff derives his power directly from the constitution; the most prominent example of such a merger is the Las Vegas Metropolitan Police Department which is actually led by the county sheriff despite its name.
County police tend to fall into three broad categories:
Note: County detectives, who are maintained in the northeastern states by county attorneys' offices, fall within this category. In the state of Louisiana, a county is known as a parish. In the state of Alaska, a county is known as a borough. The only borough in Alaska to have their own police department is North Slope Borough.
U.S. departments:
See also: Sheriffs in the United States
Click on any of the following blue hyperlinks for more about County Police Departments:
U.S. departments (arranged alphabetically):
Many states also have a sheriff's office which are usually formed on a county basis and traditionally carry out duties related to the functioning of the courts and legal system, such as service of process, executing legal writs, and protection for the local courthouse and its judges.
Many state constitutions mandate that the position of sheriff be created, which leads many states to also give sheriffs the duties of a county police to avoid having overlapping departments with similar duties, leaving the sheriff as the exclusive law enforcement agency for a county.
Some counties that previously had both a county police force and a sheriff's office have merged the two, leaving the sheriff in command of the unified force, as the sheriff derives his power directly from the constitution; the most prominent example of such a merger is the Las Vegas Metropolitan Police Department which is actually led by the county sheriff despite its name.
County police tend to fall into three broad categories:
- Full-service police departments, which provide the full spectrum of police services to the entire county, irrespective of local communities, and may provide contractual security police services to special districts within the county. Hawaii has only county police; there are no local police.
- Limited service police departments, which provide services to unincorporated areas of the county (and may provide services to some incorporated areas by contract), and usually provide contractual security police services to special districts within the county.
- Restricted service police departments, which provide security police duties to county owned and operated facilities and parks. Some may also perform some road patrol duties on county built and maintained roads, and provide support to municipal police departments in the county.
Note: County detectives, who are maintained in the northeastern states by county attorneys' offices, fall within this category. In the state of Louisiana, a county is known as a parish. In the state of Alaska, a county is known as a borough. The only borough in Alaska to have their own police department is North Slope Borough.
U.S. departments:
See also: Sheriffs in the United States
Click on any of the following blue hyperlinks for more about County Police Departments:
U.S. departments (arranged alphabetically):
Municipal Police Departments in the United States:
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* -- The History of Modern Policing
By Robert Longley
Updated July 13, 2020
Before the Industrial Revolution, policing in America and England was typically carried out voluntarily by individual citizens concerned with maintaining law and order in their communities.
This part-time citizen volunteer model of policing worked well until the late 1700s and early 1800s, when exploding population growth resulted in more frequent incidents of crime and violent civil unrest in cities throughout England and the United States.
It soon became clear that full-time, professional policing—sanctioned and endorsed by the government—had become a necessity.
Key Takeaways: History of Modern Policing
The Beginning of Modern Policing:
Along with social scientists, experts in the newly evolving field of criminology began to advocate for centralized, professional, and well-trained police forces. Foremost among these advocates was Sir Robert Peel, former Prime Minister and Home Secretary of the United Kingdom from 1822 to 1846.
Known as the "father of modern policing," Peel established the Metropolitan Police Services in London in 1829. Then as now, British police officers were called “Bobbies” in honor of his first name.
Sir Peel is credited with establishing the three core principles of policing, which remain as essential today as they were two centuries ago:
History of Police in America
During America’s colonial period, policing was most often provided by a combination of untrained part-time volunteers and elected sheriffs and local militias. The first sheriff's offices were created in Albany County and New York City in the early 1600s.
During the early 1700s, the Carolina Colony established “Night Watch” patrols dedicated to preventing enslaved persons from rebelling and escaping. Noted for maintaining social and economic order by helping plantation owners recover their freedom-seeking “human property,” some of the Night Watches evolved into regular town police forces.
After winning its independence from England in 1783, America’s need for professional policing grew rapidly. The first federal law enforcement agency, the United States Marshals Service, was established in 1789, followed shortly by the U.S. Parks Police in 1791 and the U.S. Mint Police in 1792.
Policing in the 19th and Early 20th Centuries:
During the era of westward expansion, law enforcement in America’s “Wild West” was conducted by locally appointed sheriffs, deputies, militias, and constables, many of whom, like the former gunfighters and gamblers Doc Holliday and Wyatt Earp, had lived on both sides of the law.
The role and expectation of the police changed drastically during the 19th century as the definition of public order and the nature of crime changed. With the creation of labor unions and largely uncontrolled immigration during the 1880s, fears of the waves of Catholic, Irish, Italian, German, and Eastern European immigrants who looked and behaved “differently” drove increased demand for better-organized police forces.
The first dedicated, centralized, city police department was established in Boston in 1838. Similar police forces in New York City, Chicago, New Orleans, and Philadelphia soon followed.
By the turn of the century, most large American cities had formal police forces.
The era of city political machines during the late 19th century brought the first obvious cases of police corruption. Local political party ward leaders, many of whom owned bars or ran street gangs, often appointed and paid off high ranking police officials to allow illegal drinking, gambling, and prostitution in their precincts.
This corruption worsened during prohibition, prompting President Herbert Hoover to appoint the 1929 Wickersham Commission to investigate the procedures and practices of police departments nationwide. The Commission’s findings resulted in a drive to professionalize policing and redefine the role of the “career cop” that continues today.
Law Enforcement Today:
According to the Charles Koch Institute, there are currently more than 18,000 local, state, and federal law police departments employing more than 420,000 officers—an average of 2.2 police officers for every 1,000 individuals in the United States. These police officers deal with about 8.25 million crimes and make over 10 million arrests per year.
Beginning in the early 2000s, however, many Americans came to criticize local police agencies as operating more like occupying soldiers than community protectors.
After the 2014 Ferguson Riots in Ferguson, Missouri, the Black Lives Matter movement came to illustrate the public’s concern over the use of unnecessary, often excessive force by police.
In May 2020, the killing of George Floyd—an unarmed Black man—by Minneapolis police officer Derek Chauvin set off over 450 major protests in cities and towns throughout the United States and several foreign countries.
Confronted by accusations of selective enforcement through racial profiling, militarization, and excessive use of force, many police departments have responded by implementing practices and procedures intended to regain the trust and respect of the people they serve.
Community Policing:
Collectively known as community-oriented policing (COP), or simply community policing, these reforms represent a strategy of policing that seeks to build ties by working more closely with members of the communities.
According to the International Association of Chiefs of Police, the three key elements of community policing are: developing community partnerships, engaging in problem solving, and implementing community policing organizational features. “The main idea is to allow police to feel like the public can trust them.”
[End of Article]
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Municipal police:
Municipal police are law enforcement agencies that are under the control of local government. This includes the municipal government, where it is the smallest administrative subdivision. They receive funding from the city budget, and may have fewer legal powers than the "state paid" police. These police forces usually report to a mayor or a local police board.
Historical development:
Historically, the role of the municipal police of local civic protection was carried out by municipal guards. Today, some formations of municipal police still carry the name of the city/communal/municipal guard.
Municipal Police in the United Ssates:
Further information: Category:Municipal police departments of the United States
Municipal police range from one-officer agencies (sometimes still called the town marshal) to the 40,000 person-strong New York City Police Department. Most municipal agencies take the form (Municipality Name) Police Department. Most municipalities have their own police departments.
Metropolitan departments, such as the Las Vegas Metropolitan Police Department, have jurisdiction covering multiple communities and municipalities, often over a wide area, and typically share geographical boundaries within one or more cities or counties.
Metropolitan departments have usually been formed by a merger between local agencies, typically several local police departments and often the local sheriff's department or office, in efforts to provide greater efficiency by centralizing command and resources and to resolve jurisdictional problems, often in communities experiencing rapid population growth and urban sprawl, or in neighboring communities too small to afford individual police departments.
Some county sheriff's departments, such as the Los Angeles County Sheriff's Department, are contracted to provide full police services to local cities within their counties.
Other:
Further information: Category: Specialist police departments of the United States
There are other types of specialist police departments with varying jurisdictions. Most of these serve special-purpose districts and are known as special district police. In some states, they serve as little more than security police, but in states such as California, special district forces are composed of fully sworn police officers with statewide authority.
These agencies can be:
Some agencies, such as the Port Authority of New York and New Jersey Police Department, have multi-state powers. There are also some Private Police agencies, such as the Parkchester Department of Public Safety and Co-op City Department of Public Safety.
Puerto Rico Police:
Main article: Puerto Rico Police
The Puerto Rico Police Department (PRPD) traces back to 1837, when Spanish governor Francisco Javier de Moreda y Prieto created La Guardia Civil de Puerto Rico (Puerto Rico Civil Guard) to protect the lives and property of Puerto Ricans who at the time were Spanish subjects, and provide police services to the entire island, even though many municipalities maintained their own police force.
The United States invaded and took possession of Puerto Rico in July 1898 as a result of the Spanish–American War and has controlled the island as a US territory since then. The Insular Police of Puerto Rico was created on February 21, 1899, under the command of Colonel Frank Thacher (US Marine officer during the Spanish–American War), with an authorized strength of 313 sworn officers.
As of 2009, the PRPD had over 17,292 officers.
Police Functions:
Textbooks and scholars have identified three primary police agency functions. The following is cited from The American System of Criminal Justice, by George F. Cole and Christopher E. Smith, 2004, 10th edition, Wadsworth/Thomson Learning:
Order maintenance
This is the broad mandate to keep the peace or otherwise prevent behaviors which might disturb others. This can deal with things ranging from a barking dog to a fist-fight. By way of description, Cole and Smith note that police are usually called-on to "handle" these situations with discretion, rather than deal with them as strict violations of law, though of course their authority to deal with these situations are based in violations of law.
Law enforcement
Those powers are typically used only in cases where the law has been violated and a suspect must be identified and apprehended. Most obvious instances include robbery, murder, or burglary. This is the popular notion of the main police function, but the frequency of such activity is dependent on geography and season.
Service
Services may include rendering first aid, providing tourist information, guiding the disoriented, or acting as educators (on topics such as preventing drug use). Cole and Smith cited one study which showed 80% of all calls for police assistance did not involve crimes, but this may not be the case in all parts of the country.
Because police agencies are traditionally available year-round, 24 hours a day, citizens call upon police departments not only in times of trouble but also when just inconvenienced. As a result, police services may include roadside auto assistance, providing referrals to other agencies, finding lost pets or property, or checking locks on vacationers' homes.
Styles of policing:
Given the broad mandates of police work and the limited resources they have, police administrators must develop policies to prioritize and focus their activities. Some of the more controversial policies restrict, or even forbid, high-speed vehicular pursuits.
Researchers Falcone, Wells, & Weisheit describe a historical separation of police models between small towns and larger cities. The distinction has also been defined between rural and urban policing models, which tended to function differently with separate hierarchical systems supporting each.
Three styles of policing develop from a jurisdiction's socioeconomic characteristics, government organization, and choice of police administrators. According to a study by James Q. Wilson ("Varieties of Police Behavior", 1968, 1978, Harvard University Press), there were three distinct types of policing developed in his study of eight communities. Each style emphasized different police functions and was linked to specific characteristics of the community the department served.
Watchman
Emphasizes maintaining order, usually found in communities with a declining industrial base, and a blue-collar, mixed ethnic/racial population. This form of policing is implicitly less pro-active than other styles, and certain offenses may be "overlooked" on a variety of social, legal, and cultural grounds as long as public order is maintained.
Cole and Smith comment the broad discretion exercised in this style of policing can result in charges of discrimination when it appears police treatment of different groups results in the perception that some groups get better treatment than others.
Legalistic
Emphasizes law enforcement and professionalism. This is usually found in reform-minded cities, with mixed socioeconomic composition. Officers are expected to generate a large number of arrests and citations and act as if there were a single community standard for conduct, rather than different standards for different groups.
However, the fact that certain groups are more likely to have law enforcement contact means this strict enforcement of laws may seem overly harsh on certain groups.
Service
Emphasizes the service functions of police work, usually found in suburban, middle-class communities where residents demand individual treatment. Police in homogeneous communities can view their work as protecting their citizens against "outsiders", with frequent but often-informal interventions against community members.
The uniform make-up of the community means crimes are usually more obvious, and therefore less frequent, leaving police free to deal with service functions and traffic control.
Wilson's study applies to police behavior for the entire department over time. At any given time, police officers may be acting in a watchman, service, or legalistic function by the nature of what they are doing at the time, their temperament, or their mood at the time.
Individual officers may also be inclined to one style or another, regardless of the supervisor or citizen demands.
Community-oriented policing is a shift in policing practices in the U.S. that moved away from standardization and towards a more preventative model where police actively partner with the community it serves.
History:
Early colonial policing:
Policing in what would become the United States of America arose from the law enforcement systems in European countries, particularly the ancient English common law system. This relied heavily on citizen volunteers, as well as watch groups, constables, sheriffs, and a conscription system known as posse comitatus similar to the militia system.
An early night watch formed in Boston in 1631, and in 1634 the first U.S. constable on record was Joshua Pratt, in the Plymouth Colony. Constables were tasked with surveying land, serving warrants, and enforcing punishments.
A rattlewatch was formed in New Amsterdam, later to become New York City, in 1651. The New York rattlewatch "strolled the streets to discourage crime and search for lawbreakers" and also served as town criers. In 1658, they began drawing pay, making them the first municipally funded police organization.
When the English captured New Amsterdam in 1664, they installed a constable whose duties included keeping the peace, suppressing excessive drinking, gambling, prostitution, and preventing disturbances during church services. A night watch was formed in Philadelphia in 1700.
In the Southern colonies, formal slave patrols were created as early as 1704 in the Carolinas in order to prevent slave rebellions and enslaved people from escaping. By 1785 the Charleston Guard and Watch had "a distinct chain of command, uniforms, sole responsibility for policing, salary, authorized use of force, and a focus on preventing 'crime'."
Development of modern policing
Modern policing began to emerge in the U.S. in the mid-nineteenth century, influenced by the British model of policing established in 1829. The first organized publicly-funded professional full-time police services were established in Boston in 1838, New York in 1844, and Philadelphia in 1854. Early on, police were not respected by the community, as corruption was rampant.
Slave patrols in the south were abolished upon the abolition of slavery in the 1860s. The vigilante tactics of the slave patrols are reflected in the tactics of the Ku Klux Klan.
In the late 19th and early 20th century, there were few specialized units in police departments. In 1905, the Pennsylvania State Police became the first state police agency established in the United States, as recommended by President Theodore Roosevelt's Anthracite Strike Commission and Governor Samuel Pennypacker.
The advent of the police car, two-way radio, and telephone in the early 20th century transformed policing into a reactive strategy that focused on responding to calls for service.
In the 1920s, led by Berkeley, California police chief, August Vollmer, police began to professionalize, adopt new technologies, and place emphasis on training. With this transformation, police command and control became more centralized.
O.W. Wilson, a student of Vollmer, helped reduce corruption and introduce professionalism in Wichita, Kansas, and later in the Chicago Police Department. Strategies employed by O.W. Wilson included rotating officers from community to community to reduce their vulnerability to corruption, establishing of a non-partisan police board to help govern the police force, a strict merit system for promotions within the department, and an aggressive, recruiting drive with higher police salaries to attract professionally qualified officers.
Despite such reforms, police agencies were led by highly autocratic leaders, and there remained a lack of respect between police and the community. During the professionalism era of policing, law enforcement agencies concentrated on dealing with felonies and other serious crime, rather than focusing on crime prevention.
Following urban unrest in the 1960s, police placed more emphasis on community relations, and enacted reforms such as increased diversity in hiring. The Kansas City Preventive Patrol study in the 1970s found the reactive approach to policing to be ineffective. The cost of policing rapidly expanded during the 1960s. In 1951, American cities spent $82 per person on policing. Adjusting for inflation, police spending increased over 300% by 2016, to $286 per person.
In the 1990s, many law enforcement agencies began to adopt community policing strategies, and others adopted problem-oriented policing. In the 1990s, CompStat was developed by the New York Police Department as an information-based system for tracking and mapping crime patterns and trends, and holding police accountable for dealing with crime problems.
CompStat, and other forms of information-led policing, have since been replicated in police departments across the United States.
Powers of officers:
Law enforcement officers are granted certain powers to enable them to carry out their duties. When there exists probable cause to believe that a person has committed a serious crime, a misdemeanor in their presence, or a select-few misdemeanors not in their presence, a law enforcement officer can handcuff and arrest a person, who will be held in a police station or jail pending a judicial bail determination or an arraignment.
In 2010, the FBI estimated that law enforcement agencies made 13,120,947 arrests (excluding traffic violations). Of those persons arrested, 74.5% were male and 69.4 percent of all persons arrested were white, 28.0 percent were black, and the remaining 2.6 percent were of other races.
A law enforcement officer may briefly detain a person upon reasonable suspicion of involvement in a crime but short of probable cause to arrest. Contrary to popular belief and Hollywood-style depictions in TV and movies, merely lawfully detaining a person—in and of itself—does not deprive a person of their Fourth Amendment right against unlawful searches.
Federal, state, and local laws, and individual law enforcement departmental policies govern when, where, how, and upon whom a law enforcement officer may perform a "pat down," "protective search," or "Terry frisk," based on several U.S. Supreme Court decisions (including Terry v. Ohio (1968), Michigan v. Long (1983), and Maryland v. Buie (1990))
In Terry v. Ohio, the landmark decision introducing the term "Terry frisk", or "frisk", to the broader public (italics added):
Controversies:
Deadly force and death in custody:
Main articles:
In most states, law enforcement officers operate under the same self-defense laws as the civilians of these states. Generally, when the first responder or a member of the public is at risk of serious bodily injury and/or death, lethal force is justified.
Most law enforcement agencies establish a use of force continuum and list deadly force as a force of last resort. With this model, agencies try to control excessive uses of force.
Nonetheless, some question the number of killings by law enforcement officers, including the killings of people who are unarmed, raising questions about alleged widespread and ongoing excessive use of force. Other non-fatal incidents and arrests have raised similar concerns.
The racial distribution of victims of US police lethal force is not proportionate to the racial distribution of the US population. Whites account for the largest racial group of deaths, but are under-represented, accounting for 45% of police killings (and 60% of the population).
Blacks are over-represented, accounting for 24% of police killings (and 13% of the population). Hispanics are proportionately represented, accounting for 17% of police killings (and 18% of the population).
Others (including Asian, Native American, and others) are under-represented, accounting for 4% of police killings (and 8% of the population).
Militarization of police:
Main article: Militarization of police § United States
The militarization of both rural and urban law enforcement has been attributed to the United States' involvement in wars during the 20th century, although some attribute the militarization to the more recent campaigns on drugs and terror.
Historian Charles Beard argues that cultural change during the Great Depression encouraged the militarization of law enforcement, whereas Harwood argues that the creation of SWAT teams and tactical units within law enforcement during the 1960s began such a trend.
In recent years, the use of military equipment and tactics for community policing and for public order policing has become more widespread under the 1033 program. The program prompted discussion among lawmakers in 2014 after unrest in Ferguson, Missouri.
President Obama introduced restrictions in 2015 on the transfer of surplus military equipment to police. In 2017, the Trump administration announced it will reinstate the program.
No-knock warrants:
Main article: No-knock warrant
The use of no-knock warrants has become widespread and controversial. Their use has led to misconduct, unlawful arrests, and deaths, including the shooting of Breonna Taylor.
Qualified immunity:
Main article: Qualified immunity
The U.S. Supreme Court first introduced the qualified immunity doctrine in 1967, originally with the rationale of protecting law enforcement officials from frivolous lawsuits and financial liability in cases where they acted in good faith in unclear legal situations.
Starting around 2005, courts increasingly applied the doctrine to cases involving the use of excessive or deadly force by police, leading to widespread criticism that it, in the words of a 2020 Reuters report, "has become a nearly failsafe tool to let police brutality go unpunished and deny victims their constitutional rights".
Civil asset forfeiture:
Main article: Civil forfeiture in the United States
Rules on civil asset forfeiture allow law enforcement officers to seize anything which they can plausibly claim was the proceeds of a crime. The property-owner need not be convicted of that crime; if officers find drugs in a house, they can take cash from the house and possibly the house itself.
Commentators have said these rules provide an incentive for law enforcement officers to focus on drug-related crimes rather than crimes against persons, such as rape and homicide.
They also provide an incentive to arrest suspected drug-dealers inside their houses, which can be seized, and to raid stash houses after most of their drugs have been sold, when officers can seize the cash.
Misconducts:
Main articles:
Over the past decades, police departments across the country have been affected by instances of misconduct and brutality. Some prominent examples include the following:
Issues with recruitment:
Further information: Gypsy cop
Despite safeguards around recruitment, some police departments have at times relaxed hiring and staffing policies, sometimes in violation of the law, most often in the cases of local departments and federally funded drug task forces facing staffing shortages, attrition, and needs to quickly fill positions.
This has included at times the fielding (and sometimes the arming) of uncertified officers (who may be working temporarily in what is supposed to be a provisional limited-duty status prior to certification) and the hiring of itinerant "gypsy cops", who may have histories of poor performance or misconduct in other departments.
Other concerns:
The procedural use of strip searches and cavity searches by law enforcement has raised civil liberties concerns. The practice of taking an arrested person on a perp walk, often handcuffed, through a public place at some point after the arrest, creating an opportunity for the media to take photographs and video of the event, has also raised concerns.
The New York City Police Department came under scrutiny in 2012 for its use of a stop-and-frisk program.
Accountability:
Main article: Police accountability § United States
Special commissions, such as the Knapp Commission in New York City during the 1970s, have been used to bring about changes in law enforcement agencies. Civilian review boards (permanent external oversight agencies) have also been used as a means for improving police accountability. Civilian review boards tend to focus on individual complaints, rather than broader organizational issues that may result in long-term improvements.
The 1994 Violent Crime Control and Law Enforcement Act authorized the United States Department of Justice's Civil Rights Division to bring civil ("pattern or practice") suits against local law enforcement agencies, to reign in abuses and hold them accountable.
As a result, numerous departments have entered into consent decrees or memoranda of understanding, requiring them to make organizational reforms. This approach shifts focus from individual officers to placing focus on police organizations.
Police reform:
Main article: Police reform in the United States
There have been many initiatives for police reform in the United States, notably since the 1960s, under President Lyndon Johnson, and several more recent efforts. In the 21st century, reforms based on community dialogue, legal requirements and updating of police training are growing. Nonetheless, instances of misconduct and brutality have continued to occur.
Many reforms related to the killing of George Floyd have been put forward.
Calls for abolition:
Main article: Police abolition movement
While police resentment and calls for abolition of the police have existed in the United States for over a century, police abolition became more popular in 2014 following the killing of Michael Brown and the Ferguson unrest, with national attention being drawn to issues surrounding policing. The roots of police abolition stem from (and is often linked to) the prison abolition movement.
Authors and activists such as Angela Davis and Ruth Wilson Gilmore, who are best known for their prison abolition work, have integrated police abolition into their work when advocating against the carceral system of the United States.
In the summer of 2016, Chicago had a multitude of abolitionist actions and protests in response to the deaths of Michael Brown and Paul O'Neal, among others. This included the occupation of an empty lot across from a Chicago Police Department property, naming it "Freedom Square", as an experiment of a world without police.
In 2017, sociologist Alex S. Vitale authored The End of Policing, calling for police abolition as opposed to reforms.
Police abolition spiked in popularity following the murder of George Floyd by Minneapolis Police officer Derek Chauvin*. A super-majority of the Minneapolis City Council (9 of 12 council members) pledged in June 2020 to dismantle the Minneapolis Police Department.
* -- See also Minneapolis Police Officer Derek Chauvin and his Trial for Murdering George Floyd
Entry qualifications:
Nearly all U.S. states and the federal government have by law adopted minimum-standard standardized training requirements for all officers with powers of arrest within the state.
Many standards apply to in-service training as well as entry-level training, particularly in the use of firearms, with periodic re-certification required. These standards often comply with standards promoted by the US Department of Justice and typically require a thorough background check that potential police recruits must take.
A typical set of criteria dictates that they must:
Repeated interviews, written tests, medical examinations, physical fitness tests, comprehensive background investigations, fingerprinting, drug testing, a police oral board interview, a polygraph examination, and a consultation with a psychologist are common practices used to review the suitability of candidates.
Recruiting in most departments is competitive, with more suitable and desirable candidates accepted over lesser ones, and failure to meet some minimum standards disqualifying a candidate entirely. Police oral boards are the most subjective part of the process and often disqualifies the biggest portion of qualified candidates. Departments maintain records of past applicants under review, and refer to them in the case of either reapplication or requests between other agencies.
Police equipment:
Firearms:
Police in the United States usually carry a handgun on duty. Many are required to be armed off-duty and often required to have a concealable off-duty handgun.
Among the most common sidearms are models produced by:
These sidearms are usually in 9mm, .40 S&W, .357 SIG (US Secret Service and other Federal Law Enforcement agencies) or .45 ACP.
Until the late 1980s and early 1990s, most US police officers carried revolvers, typically in .38 Special or .357 Magnum calibers, as their primary duty weapons. At the time, Smith & Wesson, Colt, Ruger and some Taurus models were popular with police officers, most popular being the Smith & Wesson or Colt revolvers.
Since then, most agencies have switched to semiautomatic pistols. Two key events influencing many US police forces to upgrade their primary duty weapons to weapons with greater stopping power and round capacity were the 1980 Norco shootout and the 1986 FBI Miami shootout.
Some police departments allow qualified officers to carry shotguns and/or semiautomatic rifles in their vehicles for additional firepower, typically to be used if a suspect is involved in an active shooter situation, or a hostage/barricade incident.
Less lethal weapons:
Police also often carry an impact weapon—a baton, also known as a nightstick. The common nightstick and the side handle baton have been replaced in many locations by expandable batons such as the Monadnock Auto-Lock Expandable Baton or ASP baton.
One advantage of the collapsible baton is that the wearer can comfortably sit in a patrol vehicle while still wearing the baton on their duty belt. The side handle nightstick usually has to be removed before entering the vehicle.
Many departments also use less-lethal weapons such as mace, pepper spray, and beanbag shotgun rounds.
Another less lethal weapon that police officers often carry is an electroshock guns, also known as a taser. The handheld electroshock weapon was designed to incapacitate a single person from a distance by using electric current to disrupt voluntary control of muscles.
Someone struck by a Taser experiences stimulation of their sensory nerves and motor nerves, resulting in strong involuntary muscle contractions. Tasers do not rely only on pain compliance, except when used in Drive Stun mode, and are thus preferred by some law enforcement over non-Taser stun guns and other electronic control weapons.
Specialized weapons:
Further information: SWAT
Most large police departments have elite SWAT units which are called in to handle situations such as barricaded suspects, hostage situations and high-risk warrant service that require greater force, specialized equipment, and special tactics.
These units usually have submachine guns, automatic carbines or rifles, semiautomatic combat shotguns, sniper rifles, gas, smoke, and flashbang grenades, and other specialized weapons and equipment at their disposal. Some departments are equipped with armored vehicles.
Body armor:
Further information: Body armor
Uniformed police officers often wear body armor, typically in the form of a lightweight Level IIA, II or IIIA vest that can be worn under service shirts. SWAT teams typically wear heavier Level III or IV tactical armored vests, often with steel or ceramic trauma plates, comparable to those worn by U.S. military personnel engaged in ground operations.
Officers trained in bomb disposal wear specialized heavy protective armor designed to protect them from the effects of an explosion when working around live ordnance.
Local police foundations have initiated programs to provide law enforcement agencies with higher level vests that provide greater protection and vests for police K-9s as well.
Body-worn camera:
Further information: Body worn video (police equipment)
Multiple states have pending body-worn camera legislation that requires its law enforcement to be equipped with body-worn cameras when the officers are on duty. Some of these states include California, Washington, and Illinois, among others.
Body-worn cameras are video recording devices around three inches long that cost between $129-$900. There are different body-worn camera models, but a standard body-worn camera includes an on and off switch that enables the image capturing technology to record and store data in the cloud.
Body-worn cameras have become standard due to the rise of civilian complaints about police brutality across the nation. Supporters argue that the use of a body-worn camera allows evidence to be viewed from an unbiased perspective. Corporations are currently working on body-worn camera models that will resolve the technology's limitations such as better audio capturing technology and battery life, to name a few.
Drones:
In recent years police have recruited unmanned surveillance devices such as small throwable robotics and flying drones to conduct reconnaissance in dangerous locations. These devices can be used to identify the presence of a hostage, locate and/or identify subjects, and reveal the layout of a room.
The devices do all this by transmitting real-time audio and video to the pilot, giving police an advantage when they cannot directly see a suspect or enter a location where they are needed. Some other uses for this device may be bomb detection, as well as searching suspicious vehicles.
Flying drones are also being enlisted to help police in dangerous situations such as a barricaded suspect or a hostage situation. These drones increase safety by providing information that can be used in mapping and planning. These devices equipped with cameras allow officers to get a bird's eye view of a scene in an emergency, allowing responders to safely get much closer to a scene than they could if they went in on foot.
Police communications:
Radio:
Most American police departments are dispatched from a centralized communications center, using VHF, UHF, or, more recently, digitally trunked radio transceivers mounted in their vehicles, with individual officers carrying portable handsets or ear-worn headsets for communication when away from their vehicles.
American police cars are also increasingly equipped with mobile data terminals (MDTs) or portable computers linked by radio to a network allowing them access to state department of motor vehicles information, criminal records, and other important information.
Most police communications are now conducted within a regional pool of area telecommunicators or dispatchers using 9-1-1 and 9-1-1 telephone taxation. A large number of police agencies have pooled their 9-1-1 tax resources for Computer Aided Dispatching (CAD) to streamline dispatching and reporting. CAD systems are usually linked to MDTs (see above).
National Law Enforcement Telecommunications System:
A variety of national, regional, state, and local information systems are available to law enforcement agencies in the U.S., with different purposes and types of information.
One example is the National Law Enforcement Telecommunications System (NLETS), an interstate justice and public safety network owned by the states supporting inquiry into state systems for criminal history, driver's license and motor vehicle registration, as well as supporting inquiry into federal systems, such as the Department of Homeland Security (DHS) 's U.S. Immigration and Customs Enforcement (ICE)
NLETS also includes Law Enforcement Support Center, the Drug Enforcement Administration (DEA) National Drug Pointer Index (NDPIX), and the Federal Aviation Administration (FAA) Aircraft Registry and the Government of Canada's Canadian Police Information Centre (CPIC).
NLETS operates primarily through a secure private network through which each state has an interface to the network that all agencies within the state operate through. The federal and international components operate very similarly.
Users include all U.S. states and territories, some federal agencies, and certain international agencies. The primary operational site for the network is housed in Arizona, with a secure backup site located in the East Central U.S.
Through the NLETS network, law enforcement and criminal justice agencies can access a wide range of information, from standard driver license and vehicle queries to criminal history and Interpol information. Operations consist of nearly 1.5 billion transactions a year to over one million PC, mobile, and handheld devices in the U.S. and Canada at 45,000 user agencies, and to 1.3 million individual users.
Dissemination:
Police departments share arrest information with third-party news organizations that archive names of citizens and legal allegations in a "police blotter". However, even if the allegations are dismissed in court, a citizen may not petition the third-party for removal.
Police population:
In 2008, federal police employed approximately 120,000 full-time law enforcement officers, authorized to make arrests and carry firearms in the United States.
The 2008 Bureau of Justice Statistics' Census of State and Local Law Enforcement Agencies (CSLLEA), found there were 17,985 state and local law enforcement agencies employing at least one full-time officer or the equivalent in part-time officers.
In 2008, state and local law enforcement agencies employed more than 1.1 million people on a full-time basis, including about 765,000 sworn personnel (defined as those with general arrest powers). Agencies also employed approximately 100,000 part-time employees, including 44,000 sworn officers.
From 2004 to 2008, overall full-time employment by state and local law enforcement agencies nationwide increased by about 57,000 (or 5.3%). Sworn personnel increased by about 33,000 (4.6%), and nonsworn employees by about 24,000 (6.9%). From 2004 to 2008, the number of full-time sworn personnel per 100,000 U.S. residents increased from 250 to 251. From 1992 to 2008, the growth rate for civilian personnel was more than double that of sworn personnel.
Local police departments were the largest employer of sworn personnel, accounting for 60% of the total. Sheriffs' offices were next, accounting for 24%. About half (49%) of all agencies employed fewer than 10 full-time officers. Nearly two-thirds (64%) of sworn personnel worked for agencies that employed 100 or more officers.
Demographics:
Law enforcement has historically been a male-dominated profession. Approximately 18,000 law enforcement agencies make up the country ranging from federal, state, and local police with more than 1.1 million people employed.
There are around 12,000 local law enforcement agencies, the biggest out of the three types. In the most recent of surveys done in 2013, the Law Enforcement Management and Administrative Statistics found that 72.8% of local police officers are white. Black or African American are 12.2% (the black population in the United States is roughly 13%) and Latino or Hispanic are 11.6%. Women made up 17% of full-time sworn in officers.
While black or African Americans are not significantly under-represented in police forces, women, Asian, and Hispanic officers are lacking. Many police agencies are attempting to hire more diverse recruits in an effort to better represent their communities.
Changes in personnel numbers:
Fifteen of the 50 largest local police departments employed fewer full-time sworn personnel in 2008 than in 2004. The largest declines were in:
Ten of the 50 largest local police departments reported double-digit increases in sworn personnel from 2004 to 2008. The largest increases were in:
Salary:
Salary varies widely for police officers, with most being among the top third of wage-earners, age 25 or older, nationwide. The median annual wage for police and detectives was $65,170 in May 2019. The lowest 10 percent earned less than $37,710, and the highest 10 percent earned more than $109,620.
The median wages for police and detective occupations in May 2019 were as follows:
Deaths:
According to 2017 FBI figures, the majority of officer deaths on the job were the result of accidents rather than homicides. Civilians faced a homicide rate of 5.6 per 100,000, while police faced a homicide rate of 3 per 100,000.
The Officer Down Memorial Page, Inc., (ODMP) has tracked approximately 24,000 officers who have died in the line of duty in the United States since 1786. As of 30 April 2021, line-of-duty officer deaths totaled 118 and the two leading causes were contracting coronavirus (COVID-19) (63) and gunfire (19).
See also:
By Robert Longley
Updated July 13, 2020
Before the Industrial Revolution, policing in America and England was typically carried out voluntarily by individual citizens concerned with maintaining law and order in their communities.
This part-time citizen volunteer model of policing worked well until the late 1700s and early 1800s, when exploding population growth resulted in more frequent incidents of crime and violent civil unrest in cities throughout England and the United States.
It soon became clear that full-time, professional policing—sanctioned and endorsed by the government—had become a necessity.
Key Takeaways: History of Modern Policing
- The era of modern policing began during the late 1700s and early 1800s, when the explosive population driven by the Industrial Revolution led to an equally explosive growth in crime and civil unrest.
- Policing in colonial America was carried out by a combination of citizen volunteers along with elected sheriffs and local militias.
- The first full-time, dedicated city police department in the United States was established in Boston in 1838.
- Today, more than 420,000 officers in more than 18,000 U.S. police departments deal with about 8.25 million crimes and make over 10 million arrests a year.
- Since the early 2000s, U.S. police departments have increasingly been criticized of unequal enforcement, racial profiling, militarization, and excessive use of force, especially against people of color.
- Police have responded to this criticism by employing “community policing” reforms intended to gain the trust of the people they serve.
The Beginning of Modern Policing:
Along with social scientists, experts in the newly evolving field of criminology began to advocate for centralized, professional, and well-trained police forces. Foremost among these advocates was Sir Robert Peel, former Prime Minister and Home Secretary of the United Kingdom from 1822 to 1846.
Known as the "father of modern policing," Peel established the Metropolitan Police Services in London in 1829. Then as now, British police officers were called “Bobbies” in honor of his first name.
Sir Peel is credited with establishing the three core principles of policing, which remain as essential today as they were two centuries ago:
- The goal of policing is preventing crime, not catching criminals. Effective police departments have low arrest rates because their communities have low crime rates.
- To prevent crime, police must earn public support. If the community trusts and supports the police, all citizens will share the responsibility of preventing crime as if they were a volunteer police force.
- To earn public support, the police must respect community principles. Police earn a good reputation by enforcing the laws impartially, hiring officers who reflect and represent the community, and using force only as a last resort.
History of Police in America
During America’s colonial period, policing was most often provided by a combination of untrained part-time volunteers and elected sheriffs and local militias. The first sheriff's offices were created in Albany County and New York City in the early 1600s.
During the early 1700s, the Carolina Colony established “Night Watch” patrols dedicated to preventing enslaved persons from rebelling and escaping. Noted for maintaining social and economic order by helping plantation owners recover their freedom-seeking “human property,” some of the Night Watches evolved into regular town police forces.
After winning its independence from England in 1783, America’s need for professional policing grew rapidly. The first federal law enforcement agency, the United States Marshals Service, was established in 1789, followed shortly by the U.S. Parks Police in 1791 and the U.S. Mint Police in 1792.
Policing in the 19th and Early 20th Centuries:
During the era of westward expansion, law enforcement in America’s “Wild West” was conducted by locally appointed sheriffs, deputies, militias, and constables, many of whom, like the former gunfighters and gamblers Doc Holliday and Wyatt Earp, had lived on both sides of the law.
The role and expectation of the police changed drastically during the 19th century as the definition of public order and the nature of crime changed. With the creation of labor unions and largely uncontrolled immigration during the 1880s, fears of the waves of Catholic, Irish, Italian, German, and Eastern European immigrants who looked and behaved “differently” drove increased demand for better-organized police forces.
The first dedicated, centralized, city police department was established in Boston in 1838. Similar police forces in New York City, Chicago, New Orleans, and Philadelphia soon followed.
By the turn of the century, most large American cities had formal police forces.
The era of city political machines during the late 19th century brought the first obvious cases of police corruption. Local political party ward leaders, many of whom owned bars or ran street gangs, often appointed and paid off high ranking police officials to allow illegal drinking, gambling, and prostitution in their precincts.
This corruption worsened during prohibition, prompting President Herbert Hoover to appoint the 1929 Wickersham Commission to investigate the procedures and practices of police departments nationwide. The Commission’s findings resulted in a drive to professionalize policing and redefine the role of the “career cop” that continues today.
Law Enforcement Today:
According to the Charles Koch Institute, there are currently more than 18,000 local, state, and federal law police departments employing more than 420,000 officers—an average of 2.2 police officers for every 1,000 individuals in the United States. These police officers deal with about 8.25 million crimes and make over 10 million arrests per year.
Beginning in the early 2000s, however, many Americans came to criticize local police agencies as operating more like occupying soldiers than community protectors.
After the 2014 Ferguson Riots in Ferguson, Missouri, the Black Lives Matter movement came to illustrate the public’s concern over the use of unnecessary, often excessive force by police.
In May 2020, the killing of George Floyd—an unarmed Black man—by Minneapolis police officer Derek Chauvin set off over 450 major protests in cities and towns throughout the United States and several foreign countries.
Confronted by accusations of selective enforcement through racial profiling, militarization, and excessive use of force, many police departments have responded by implementing practices and procedures intended to regain the trust and respect of the people they serve.
Community Policing:
Collectively known as community-oriented policing (COP), or simply community policing, these reforms represent a strategy of policing that seeks to build ties by working more closely with members of the communities.
According to the International Association of Chiefs of Police, the three key elements of community policing are: developing community partnerships, engaging in problem solving, and implementing community policing organizational features. “The main idea is to allow police to feel like the public can trust them.”
[End of Article]
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Municipal police:
Municipal police are law enforcement agencies that are under the control of local government. This includes the municipal government, where it is the smallest administrative subdivision. They receive funding from the city budget, and may have fewer legal powers than the "state paid" police. These police forces usually report to a mayor or a local police board.
Historical development:
Historically, the role of the municipal police of local civic protection was carried out by municipal guards. Today, some formations of municipal police still carry the name of the city/communal/municipal guard.
Municipal Police in the United Ssates:
Further information: Category:Municipal police departments of the United States
Municipal police range from one-officer agencies (sometimes still called the town marshal) to the 40,000 person-strong New York City Police Department. Most municipal agencies take the form (Municipality Name) Police Department. Most municipalities have their own police departments.
Metropolitan departments, such as the Las Vegas Metropolitan Police Department, have jurisdiction covering multiple communities and municipalities, often over a wide area, and typically share geographical boundaries within one or more cities or counties.
Metropolitan departments have usually been formed by a merger between local agencies, typically several local police departments and often the local sheriff's department or office, in efforts to provide greater efficiency by centralizing command and resources and to resolve jurisdictional problems, often in communities experiencing rapid population growth and urban sprawl, or in neighboring communities too small to afford individual police departments.
Some county sheriff's departments, such as the Los Angeles County Sheriff's Department, are contracted to provide full police services to local cities within their counties.
Other:
Further information: Category: Specialist police departments of the United States
There are other types of specialist police departments with varying jurisdictions. Most of these serve special-purpose districts and are known as special district police. In some states, they serve as little more than security police, but in states such as California, special district forces are composed of fully sworn police officers with statewide authority.
These agencies can be:
- transit police,
- school district police,
- campus police,
- airport police,
- railroad police,
- park police
- or police departments responsible for protecting government property, such as the former Los Angeles General Services Police.
Some agencies, such as the Port Authority of New York and New Jersey Police Department, have multi-state powers. There are also some Private Police agencies, such as the Parkchester Department of Public Safety and Co-op City Department of Public Safety.
Puerto Rico Police:
Main article: Puerto Rico Police
The Puerto Rico Police Department (PRPD) traces back to 1837, when Spanish governor Francisco Javier de Moreda y Prieto created La Guardia Civil de Puerto Rico (Puerto Rico Civil Guard) to protect the lives and property of Puerto Ricans who at the time were Spanish subjects, and provide police services to the entire island, even though many municipalities maintained their own police force.
The United States invaded and took possession of Puerto Rico in July 1898 as a result of the Spanish–American War and has controlled the island as a US territory since then. The Insular Police of Puerto Rico was created on February 21, 1899, under the command of Colonel Frank Thacher (US Marine officer during the Spanish–American War), with an authorized strength of 313 sworn officers.
As of 2009, the PRPD had over 17,292 officers.
Police Functions:
Textbooks and scholars have identified three primary police agency functions. The following is cited from The American System of Criminal Justice, by George F. Cole and Christopher E. Smith, 2004, 10th edition, Wadsworth/Thomson Learning:
Order maintenance
This is the broad mandate to keep the peace or otherwise prevent behaviors which might disturb others. This can deal with things ranging from a barking dog to a fist-fight. By way of description, Cole and Smith note that police are usually called-on to "handle" these situations with discretion, rather than deal with them as strict violations of law, though of course their authority to deal with these situations are based in violations of law.
Law enforcement
Those powers are typically used only in cases where the law has been violated and a suspect must be identified and apprehended. Most obvious instances include robbery, murder, or burglary. This is the popular notion of the main police function, but the frequency of such activity is dependent on geography and season.
Service
Services may include rendering first aid, providing tourist information, guiding the disoriented, or acting as educators (on topics such as preventing drug use). Cole and Smith cited one study which showed 80% of all calls for police assistance did not involve crimes, but this may not be the case in all parts of the country.
Because police agencies are traditionally available year-round, 24 hours a day, citizens call upon police departments not only in times of trouble but also when just inconvenienced. As a result, police services may include roadside auto assistance, providing referrals to other agencies, finding lost pets or property, or checking locks on vacationers' homes.
Styles of policing:
Given the broad mandates of police work and the limited resources they have, police administrators must develop policies to prioritize and focus their activities. Some of the more controversial policies restrict, or even forbid, high-speed vehicular pursuits.
Researchers Falcone, Wells, & Weisheit describe a historical separation of police models between small towns and larger cities. The distinction has also been defined between rural and urban policing models, which tended to function differently with separate hierarchical systems supporting each.
Three styles of policing develop from a jurisdiction's socioeconomic characteristics, government organization, and choice of police administrators. According to a study by James Q. Wilson ("Varieties of Police Behavior", 1968, 1978, Harvard University Press), there were three distinct types of policing developed in his study of eight communities. Each style emphasized different police functions and was linked to specific characteristics of the community the department served.
Watchman
Emphasizes maintaining order, usually found in communities with a declining industrial base, and a blue-collar, mixed ethnic/racial population. This form of policing is implicitly less pro-active than other styles, and certain offenses may be "overlooked" on a variety of social, legal, and cultural grounds as long as public order is maintained.
Cole and Smith comment the broad discretion exercised in this style of policing can result in charges of discrimination when it appears police treatment of different groups results in the perception that some groups get better treatment than others.
Legalistic
Emphasizes law enforcement and professionalism. This is usually found in reform-minded cities, with mixed socioeconomic composition. Officers are expected to generate a large number of arrests and citations and act as if there were a single community standard for conduct, rather than different standards for different groups.
However, the fact that certain groups are more likely to have law enforcement contact means this strict enforcement of laws may seem overly harsh on certain groups.
Service
Emphasizes the service functions of police work, usually found in suburban, middle-class communities where residents demand individual treatment. Police in homogeneous communities can view their work as protecting their citizens against "outsiders", with frequent but often-informal interventions against community members.
The uniform make-up of the community means crimes are usually more obvious, and therefore less frequent, leaving police free to deal with service functions and traffic control.
Wilson's study applies to police behavior for the entire department over time. At any given time, police officers may be acting in a watchman, service, or legalistic function by the nature of what they are doing at the time, their temperament, or their mood at the time.
Individual officers may also be inclined to one style or another, regardless of the supervisor or citizen demands.
Community-oriented policing is a shift in policing practices in the U.S. that moved away from standardization and towards a more preventative model where police actively partner with the community it serves.
History:
Early colonial policing:
Policing in what would become the United States of America arose from the law enforcement systems in European countries, particularly the ancient English common law system. This relied heavily on citizen volunteers, as well as watch groups, constables, sheriffs, and a conscription system known as posse comitatus similar to the militia system.
An early night watch formed in Boston in 1631, and in 1634 the first U.S. constable on record was Joshua Pratt, in the Plymouth Colony. Constables were tasked with surveying land, serving warrants, and enforcing punishments.
A rattlewatch was formed in New Amsterdam, later to become New York City, in 1651. The New York rattlewatch "strolled the streets to discourage crime and search for lawbreakers" and also served as town criers. In 1658, they began drawing pay, making them the first municipally funded police organization.
When the English captured New Amsterdam in 1664, they installed a constable whose duties included keeping the peace, suppressing excessive drinking, gambling, prostitution, and preventing disturbances during church services. A night watch was formed in Philadelphia in 1700.
In the Southern colonies, formal slave patrols were created as early as 1704 in the Carolinas in order to prevent slave rebellions and enslaved people from escaping. By 1785 the Charleston Guard and Watch had "a distinct chain of command, uniforms, sole responsibility for policing, salary, authorized use of force, and a focus on preventing 'crime'."
Development of modern policing
Modern policing began to emerge in the U.S. in the mid-nineteenth century, influenced by the British model of policing established in 1829. The first organized publicly-funded professional full-time police services were established in Boston in 1838, New York in 1844, and Philadelphia in 1854. Early on, police were not respected by the community, as corruption was rampant.
Slave patrols in the south were abolished upon the abolition of slavery in the 1860s. The vigilante tactics of the slave patrols are reflected in the tactics of the Ku Klux Klan.
In the late 19th and early 20th century, there were few specialized units in police departments. In 1905, the Pennsylvania State Police became the first state police agency established in the United States, as recommended by President Theodore Roosevelt's Anthracite Strike Commission and Governor Samuel Pennypacker.
The advent of the police car, two-way radio, and telephone in the early 20th century transformed policing into a reactive strategy that focused on responding to calls for service.
In the 1920s, led by Berkeley, California police chief, August Vollmer, police began to professionalize, adopt new technologies, and place emphasis on training. With this transformation, police command and control became more centralized.
O.W. Wilson, a student of Vollmer, helped reduce corruption and introduce professionalism in Wichita, Kansas, and later in the Chicago Police Department. Strategies employed by O.W. Wilson included rotating officers from community to community to reduce their vulnerability to corruption, establishing of a non-partisan police board to help govern the police force, a strict merit system for promotions within the department, and an aggressive, recruiting drive with higher police salaries to attract professionally qualified officers.
Despite such reforms, police agencies were led by highly autocratic leaders, and there remained a lack of respect between police and the community. During the professionalism era of policing, law enforcement agencies concentrated on dealing with felonies and other serious crime, rather than focusing on crime prevention.
Following urban unrest in the 1960s, police placed more emphasis on community relations, and enacted reforms such as increased diversity in hiring. The Kansas City Preventive Patrol study in the 1970s found the reactive approach to policing to be ineffective. The cost of policing rapidly expanded during the 1960s. In 1951, American cities spent $82 per person on policing. Adjusting for inflation, police spending increased over 300% by 2016, to $286 per person.
In the 1990s, many law enforcement agencies began to adopt community policing strategies, and others adopted problem-oriented policing. In the 1990s, CompStat was developed by the New York Police Department as an information-based system for tracking and mapping crime patterns and trends, and holding police accountable for dealing with crime problems.
CompStat, and other forms of information-led policing, have since been replicated in police departments across the United States.
Powers of officers:
Law enforcement officers are granted certain powers to enable them to carry out their duties. When there exists probable cause to believe that a person has committed a serious crime, a misdemeanor in their presence, or a select-few misdemeanors not in their presence, a law enforcement officer can handcuff and arrest a person, who will be held in a police station or jail pending a judicial bail determination or an arraignment.
In 2010, the FBI estimated that law enforcement agencies made 13,120,947 arrests (excluding traffic violations). Of those persons arrested, 74.5% were male and 69.4 percent of all persons arrested were white, 28.0 percent were black, and the remaining 2.6 percent were of other races.
A law enforcement officer may briefly detain a person upon reasonable suspicion of involvement in a crime but short of probable cause to arrest. Contrary to popular belief and Hollywood-style depictions in TV and movies, merely lawfully detaining a person—in and of itself—does not deprive a person of their Fourth Amendment right against unlawful searches.
Federal, state, and local laws, and individual law enforcement departmental policies govern when, where, how, and upon whom a law enforcement officer may perform a "pat down," "protective search," or "Terry frisk," based on several U.S. Supreme Court decisions (including Terry v. Ohio (1968), Michigan v. Long (1983), and Maryland v. Buie (1990))
In Terry v. Ohio, the landmark decision introducing the term "Terry frisk", or "frisk", to the broader public (italics added):
- Our evaluation of the proper balance that has to be struck in this type of case leads us to conclude that there must be a narrowly drawn authority to permit a reasonable search for weapons for the protection of the police officer, where he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime.
- The officer need not be absolutely certain that the individual is armed; the issue is whether a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger.
Controversies:
Deadly force and death in custody:
Main articles:
- Police use of deadly force in the United States,
- List of killings by law enforcement officers in the United States,
- and Death in custody § United States
In most states, law enforcement officers operate under the same self-defense laws as the civilians of these states. Generally, when the first responder or a member of the public is at risk of serious bodily injury and/or death, lethal force is justified.
Most law enforcement agencies establish a use of force continuum and list deadly force as a force of last resort. With this model, agencies try to control excessive uses of force.
Nonetheless, some question the number of killings by law enforcement officers, including the killings of people who are unarmed, raising questions about alleged widespread and ongoing excessive use of force. Other non-fatal incidents and arrests have raised similar concerns.
The racial distribution of victims of US police lethal force is not proportionate to the racial distribution of the US population. Whites account for the largest racial group of deaths, but are under-represented, accounting for 45% of police killings (and 60% of the population).
Blacks are over-represented, accounting for 24% of police killings (and 13% of the population). Hispanics are proportionately represented, accounting for 17% of police killings (and 18% of the population).
Others (including Asian, Native American, and others) are under-represented, accounting for 4% of police killings (and 8% of the population).
Militarization of police:
Main article: Militarization of police § United States
The militarization of both rural and urban law enforcement has been attributed to the United States' involvement in wars during the 20th century, although some attribute the militarization to the more recent campaigns on drugs and terror.
Historian Charles Beard argues that cultural change during the Great Depression encouraged the militarization of law enforcement, whereas Harwood argues that the creation of SWAT teams and tactical units within law enforcement during the 1960s began such a trend.
In recent years, the use of military equipment and tactics for community policing and for public order policing has become more widespread under the 1033 program. The program prompted discussion among lawmakers in 2014 after unrest in Ferguson, Missouri.
President Obama introduced restrictions in 2015 on the transfer of surplus military equipment to police. In 2017, the Trump administration announced it will reinstate the program.
No-knock warrants:
Main article: No-knock warrant
The use of no-knock warrants has become widespread and controversial. Their use has led to misconduct, unlawful arrests, and deaths, including the shooting of Breonna Taylor.
Qualified immunity:
Main article: Qualified immunity
The U.S. Supreme Court first introduced the qualified immunity doctrine in 1967, originally with the rationale of protecting law enforcement officials from frivolous lawsuits and financial liability in cases where they acted in good faith in unclear legal situations.
Starting around 2005, courts increasingly applied the doctrine to cases involving the use of excessive or deadly force by police, leading to widespread criticism that it, in the words of a 2020 Reuters report, "has become a nearly failsafe tool to let police brutality go unpunished and deny victims their constitutional rights".
Civil asset forfeiture:
Main article: Civil forfeiture in the United States
Rules on civil asset forfeiture allow law enforcement officers to seize anything which they can plausibly claim was the proceeds of a crime. The property-owner need not be convicted of that crime; if officers find drugs in a house, they can take cash from the house and possibly the house itself.
Commentators have said these rules provide an incentive for law enforcement officers to focus on drug-related crimes rather than crimes against persons, such as rape and homicide.
They also provide an incentive to arrest suspected drug-dealers inside their houses, which can be seized, and to raid stash houses after most of their drugs have been sold, when officers can seize the cash.
Misconducts:
Main articles:
- Police misconduct § United States,
- Police brutality in the United States,
- Police riots in the United States,
- Police perjury § United States,
- Police corruption § United States,
- and Blue wall of silence
Over the past decades, police departments across the country have been affected by instances of misconduct and brutality. Some prominent examples include the following:
- 1960s: The Sixties was the height of the Civil Rights Movement and much police misconduct came from protests that often turned violent. There were also planned attacks against police stemming directly from the force that was being used by the police, against the protesters. President Lyndon Johnson created the Office of Law Enforcement Assistance in 1965. From that, much was done on the federal and local level, such as enhanced training for police personnel. Police officers at that time were often made up of ex-military members that had little training and were left to learn their skills during their job experiences. Law enforcement personnel were also responsible to attend college as a result.
- 1965: The Watts Riots of 1965 lasted six days and began following the arrest of Marquette Frye by a white California Highway Patrol officer on suspicion of driving while intoxicated. 34 people were killed and more than 1,000 were injured. The riots also caused over $40 million in damage.
- 1985: On May 13, 1985, nearly five hundred police officers attempted to clear the MOVE black liberation group compound in Philadelphia, Pennsylvania. After a shootout between police and MOVE members involving automatic weapons and over 10,000 rounds fired, Commissioner Gregore Sambor ordered that the compound be bombed. Two one-pound bombs made of FBI-supplied Tovex, were dropped from a police helicopter targeting a fortified, bunker-like cubicle on the roof of the house. The resulting explosions ignited a fire from fuel for a gasoline-powered generator stored in the rooftop bunker. The fire spread and eventually destroyed approximately sixty-five nearby houses. Eleven people including five children aged 7 to 13 died in the resulting fire.
- 1991: In March 1991, Officers from the Los Angeles Police Department, while attempting to arrest Rodney King, used what many believed was excessive force. Four LAPD officers used physical force on King after he resisted arrest. A bystander videotaped the incident and later supplied it to local media. The officers were charged with assault and using excessive force, with all officers acquitted of the assault, and three of the four officers acquitted of using excessive use of force, during the initial trial. This led to the citywide 1992 Los Angeles riots, during which 63 people were killed and 2,373 were injured; it ended only after the California Army National Guard, the United States Army, and the United States Marine Corps provided reinforcements to re-establish control.
- 2006: In 2006, Sean Bell was fatally shot on the night before his wedding. It was reported that the police had shot over 50 times at Bell and two of his friends that he was with.
- 2014: In 2014, Michael Brown was shot by a police officer after struggling with the officer and attempting to take the officer's gun. His death prompted citywide riots and protests that lasted approximately 5 days.
- 2016: In 2016, Philando Castile was shot by a police officer. Due to the rise of social media and cell phones, it is now easy for people to broadcast police use of force incidents that they see. The trend started with Rodney King and has grown since. In this case, Castile's girlfriend live-streamed his death on Facebook. The video gained approximately 3.2 million views by the next day.
- 2020: In 2020, George Floyd was killed by a Minneapolis Police Department officer in an arrest filmed and uploaded on social media. Despite pleas from bystanders for the officer to remove his knee from his neck and Floyd verbally stating he couldn't breathe, the officer did not move, and Floyd died due to injuries sustained in the incident. The incident has sparked ongoing protests and riots across the United States.
Issues with recruitment:
Further information: Gypsy cop
Despite safeguards around recruitment, some police departments have at times relaxed hiring and staffing policies, sometimes in violation of the law, most often in the cases of local departments and federally funded drug task forces facing staffing shortages, attrition, and needs to quickly fill positions.
This has included at times the fielding (and sometimes the arming) of uncertified officers (who may be working temporarily in what is supposed to be a provisional limited-duty status prior to certification) and the hiring of itinerant "gypsy cops", who may have histories of poor performance or misconduct in other departments.
Other concerns:
The procedural use of strip searches and cavity searches by law enforcement has raised civil liberties concerns. The practice of taking an arrested person on a perp walk, often handcuffed, through a public place at some point after the arrest, creating an opportunity for the media to take photographs and video of the event, has also raised concerns.
The New York City Police Department came under scrutiny in 2012 for its use of a stop-and-frisk program.
Accountability:
Main article: Police accountability § United States
Special commissions, such as the Knapp Commission in New York City during the 1970s, have been used to bring about changes in law enforcement agencies. Civilian review boards (permanent external oversight agencies) have also been used as a means for improving police accountability. Civilian review boards tend to focus on individual complaints, rather than broader organizational issues that may result in long-term improvements.
The 1994 Violent Crime Control and Law Enforcement Act authorized the United States Department of Justice's Civil Rights Division to bring civil ("pattern or practice") suits against local law enforcement agencies, to reign in abuses and hold them accountable.
As a result, numerous departments have entered into consent decrees or memoranda of understanding, requiring them to make organizational reforms. This approach shifts focus from individual officers to placing focus on police organizations.
Police reform:
Main article: Police reform in the United States
There have been many initiatives for police reform in the United States, notably since the 1960s, under President Lyndon Johnson, and several more recent efforts. In the 21st century, reforms based on community dialogue, legal requirements and updating of police training are growing. Nonetheless, instances of misconduct and brutality have continued to occur.
Many reforms related to the killing of George Floyd have been put forward.
Calls for abolition:
Main article: Police abolition movement
While police resentment and calls for abolition of the police have existed in the United States for over a century, police abolition became more popular in 2014 following the killing of Michael Brown and the Ferguson unrest, with national attention being drawn to issues surrounding policing. The roots of police abolition stem from (and is often linked to) the prison abolition movement.
Authors and activists such as Angela Davis and Ruth Wilson Gilmore, who are best known for their prison abolition work, have integrated police abolition into their work when advocating against the carceral system of the United States.
In the summer of 2016, Chicago had a multitude of abolitionist actions and protests in response to the deaths of Michael Brown and Paul O'Neal, among others. This included the occupation of an empty lot across from a Chicago Police Department property, naming it "Freedom Square", as an experiment of a world without police.
In 2017, sociologist Alex S. Vitale authored The End of Policing, calling for police abolition as opposed to reforms.
Police abolition spiked in popularity following the murder of George Floyd by Minneapolis Police officer Derek Chauvin*. A super-majority of the Minneapolis City Council (9 of 12 council members) pledged in June 2020 to dismantle the Minneapolis Police Department.
* -- See also Minneapolis Police Officer Derek Chauvin and his Trial for Murdering George Floyd
Entry qualifications:
Nearly all U.S. states and the federal government have by law adopted minimum-standard standardized training requirements for all officers with powers of arrest within the state.
Many standards apply to in-service training as well as entry-level training, particularly in the use of firearms, with periodic re-certification required. These standards often comply with standards promoted by the US Department of Justice and typically require a thorough background check that potential police recruits must take.
A typical set of criteria dictates that they must:
- Be a United States citizen (waived in certain agencies if the applicant is a lawful resident).
- Have a high school diploma or a GED and if necessary a college degree or served in the United States military without a dishonorable discharge;
- Be in good medical, physical, and psychological condition;
- Maintain a clean criminal record without either serious or repeated misdemeanor or any felony convictions;
- Have a valid driver's license that is not currently nor has a history of being suspended or revoked;
- Be of high moral character;
- Not have a history of prior narcotic or repeated marijuana use or alcoholism;
- Not have a history of ethical, professional, prior employment, motor vehicle, educational, or financial improprieties;
- Not have a history of domestic violence or mental illness;
- Not pose a safety and security risk;
- Be legally eligible to own and carry a firearm.
Repeated interviews, written tests, medical examinations, physical fitness tests, comprehensive background investigations, fingerprinting, drug testing, a police oral board interview, a polygraph examination, and a consultation with a psychologist are common practices used to review the suitability of candidates.
Recruiting in most departments is competitive, with more suitable and desirable candidates accepted over lesser ones, and failure to meet some minimum standards disqualifying a candidate entirely. Police oral boards are the most subjective part of the process and often disqualifies the biggest portion of qualified candidates. Departments maintain records of past applicants under review, and refer to them in the case of either reapplication or requests between other agencies.
Police equipment:
Firearms:
Police in the United States usually carry a handgun on duty. Many are required to be armed off-duty and often required to have a concealable off-duty handgun.
Among the most common sidearms are models produced by:
These sidearms are usually in 9mm, .40 S&W, .357 SIG (US Secret Service and other Federal Law Enforcement agencies) or .45 ACP.
Until the late 1980s and early 1990s, most US police officers carried revolvers, typically in .38 Special or .357 Magnum calibers, as their primary duty weapons. At the time, Smith & Wesson, Colt, Ruger and some Taurus models were popular with police officers, most popular being the Smith & Wesson or Colt revolvers.
Since then, most agencies have switched to semiautomatic pistols. Two key events influencing many US police forces to upgrade their primary duty weapons to weapons with greater stopping power and round capacity were the 1980 Norco shootout and the 1986 FBI Miami shootout.
Some police departments allow qualified officers to carry shotguns and/or semiautomatic rifles in their vehicles for additional firepower, typically to be used if a suspect is involved in an active shooter situation, or a hostage/barricade incident.
Less lethal weapons:
Police also often carry an impact weapon—a baton, also known as a nightstick. The common nightstick and the side handle baton have been replaced in many locations by expandable batons such as the Monadnock Auto-Lock Expandable Baton or ASP baton.
One advantage of the collapsible baton is that the wearer can comfortably sit in a patrol vehicle while still wearing the baton on their duty belt. The side handle nightstick usually has to be removed before entering the vehicle.
Many departments also use less-lethal weapons such as mace, pepper spray, and beanbag shotgun rounds.
Another less lethal weapon that police officers often carry is an electroshock guns, also known as a taser. The handheld electroshock weapon was designed to incapacitate a single person from a distance by using electric current to disrupt voluntary control of muscles.
Someone struck by a Taser experiences stimulation of their sensory nerves and motor nerves, resulting in strong involuntary muscle contractions. Tasers do not rely only on pain compliance, except when used in Drive Stun mode, and are thus preferred by some law enforcement over non-Taser stun guns and other electronic control weapons.
Specialized weapons:
Further information: SWAT
Most large police departments have elite SWAT units which are called in to handle situations such as barricaded suspects, hostage situations and high-risk warrant service that require greater force, specialized equipment, and special tactics.
These units usually have submachine guns, automatic carbines or rifles, semiautomatic combat shotguns, sniper rifles, gas, smoke, and flashbang grenades, and other specialized weapons and equipment at their disposal. Some departments are equipped with armored vehicles.
Body armor:
Further information: Body armor
Uniformed police officers often wear body armor, typically in the form of a lightweight Level IIA, II or IIIA vest that can be worn under service shirts. SWAT teams typically wear heavier Level III or IV tactical armored vests, often with steel or ceramic trauma plates, comparable to those worn by U.S. military personnel engaged in ground operations.
Officers trained in bomb disposal wear specialized heavy protective armor designed to protect them from the effects of an explosion when working around live ordnance.
Local police foundations have initiated programs to provide law enforcement agencies with higher level vests that provide greater protection and vests for police K-9s as well.
Body-worn camera:
Further information: Body worn video (police equipment)
Multiple states have pending body-worn camera legislation that requires its law enforcement to be equipped with body-worn cameras when the officers are on duty. Some of these states include California, Washington, and Illinois, among others.
Body-worn cameras are video recording devices around three inches long that cost between $129-$900. There are different body-worn camera models, but a standard body-worn camera includes an on and off switch that enables the image capturing technology to record and store data in the cloud.
Body-worn cameras have become standard due to the rise of civilian complaints about police brutality across the nation. Supporters argue that the use of a body-worn camera allows evidence to be viewed from an unbiased perspective. Corporations are currently working on body-worn camera models that will resolve the technology's limitations such as better audio capturing technology and battery life, to name a few.
Drones:
In recent years police have recruited unmanned surveillance devices such as small throwable robotics and flying drones to conduct reconnaissance in dangerous locations. These devices can be used to identify the presence of a hostage, locate and/or identify subjects, and reveal the layout of a room.
The devices do all this by transmitting real-time audio and video to the pilot, giving police an advantage when they cannot directly see a suspect or enter a location where they are needed. Some other uses for this device may be bomb detection, as well as searching suspicious vehicles.
Flying drones are also being enlisted to help police in dangerous situations such as a barricaded suspect or a hostage situation. These drones increase safety by providing information that can be used in mapping and planning. These devices equipped with cameras allow officers to get a bird's eye view of a scene in an emergency, allowing responders to safely get much closer to a scene than they could if they went in on foot.
Police communications:
Radio:
Most American police departments are dispatched from a centralized communications center, using VHF, UHF, or, more recently, digitally trunked radio transceivers mounted in their vehicles, with individual officers carrying portable handsets or ear-worn headsets for communication when away from their vehicles.
American police cars are also increasingly equipped with mobile data terminals (MDTs) or portable computers linked by radio to a network allowing them access to state department of motor vehicles information, criminal records, and other important information.
Most police communications are now conducted within a regional pool of area telecommunicators or dispatchers using 9-1-1 and 9-1-1 telephone taxation. A large number of police agencies have pooled their 9-1-1 tax resources for Computer Aided Dispatching (CAD) to streamline dispatching and reporting. CAD systems are usually linked to MDTs (see above).
National Law Enforcement Telecommunications System:
A variety of national, regional, state, and local information systems are available to law enforcement agencies in the U.S., with different purposes and types of information.
One example is the National Law Enforcement Telecommunications System (NLETS), an interstate justice and public safety network owned by the states supporting inquiry into state systems for criminal history, driver's license and motor vehicle registration, as well as supporting inquiry into federal systems, such as the Department of Homeland Security (DHS) 's U.S. Immigration and Customs Enforcement (ICE)
NLETS also includes Law Enforcement Support Center, the Drug Enforcement Administration (DEA) National Drug Pointer Index (NDPIX), and the Federal Aviation Administration (FAA) Aircraft Registry and the Government of Canada's Canadian Police Information Centre (CPIC).
NLETS operates primarily through a secure private network through which each state has an interface to the network that all agencies within the state operate through. The federal and international components operate very similarly.
Users include all U.S. states and territories, some federal agencies, and certain international agencies. The primary operational site for the network is housed in Arizona, with a secure backup site located in the East Central U.S.
Through the NLETS network, law enforcement and criminal justice agencies can access a wide range of information, from standard driver license and vehicle queries to criminal history and Interpol information. Operations consist of nearly 1.5 billion transactions a year to over one million PC, mobile, and handheld devices in the U.S. and Canada at 45,000 user agencies, and to 1.3 million individual users.
Dissemination:
Police departments share arrest information with third-party news organizations that archive names of citizens and legal allegations in a "police blotter". However, even if the allegations are dismissed in court, a citizen may not petition the third-party for removal.
Police population:
In 2008, federal police employed approximately 120,000 full-time law enforcement officers, authorized to make arrests and carry firearms in the United States.
The 2008 Bureau of Justice Statistics' Census of State and Local Law Enforcement Agencies (CSLLEA), found there were 17,985 state and local law enforcement agencies employing at least one full-time officer or the equivalent in part-time officers.
In 2008, state and local law enforcement agencies employed more than 1.1 million people on a full-time basis, including about 765,000 sworn personnel (defined as those with general arrest powers). Agencies also employed approximately 100,000 part-time employees, including 44,000 sworn officers.
From 2004 to 2008, overall full-time employment by state and local law enforcement agencies nationwide increased by about 57,000 (or 5.3%). Sworn personnel increased by about 33,000 (4.6%), and nonsworn employees by about 24,000 (6.9%). From 2004 to 2008, the number of full-time sworn personnel per 100,000 U.S. residents increased from 250 to 251. From 1992 to 2008, the growth rate for civilian personnel was more than double that of sworn personnel.
Local police departments were the largest employer of sworn personnel, accounting for 60% of the total. Sheriffs' offices were next, accounting for 24%. About half (49%) of all agencies employed fewer than 10 full-time officers. Nearly two-thirds (64%) of sworn personnel worked for agencies that employed 100 or more officers.
Demographics:
Law enforcement has historically been a male-dominated profession. Approximately 18,000 law enforcement agencies make up the country ranging from federal, state, and local police with more than 1.1 million people employed.
There are around 12,000 local law enforcement agencies, the biggest out of the three types. In the most recent of surveys done in 2013, the Law Enforcement Management and Administrative Statistics found that 72.8% of local police officers are white. Black or African American are 12.2% (the black population in the United States is roughly 13%) and Latino or Hispanic are 11.6%. Women made up 17% of full-time sworn in officers.
While black or African Americans are not significantly under-represented in police forces, women, Asian, and Hispanic officers are lacking. Many police agencies are attempting to hire more diverse recruits in an effort to better represent their communities.
Changes in personnel numbers:
Fifteen of the 50 largest local police departments employed fewer full-time sworn personnel in 2008 than in 2004. The largest declines were in:
- Detroit (36%),
- Memphis (23%),
- New Orleans (13%),
- and San Francisco (10%).
Ten of the 50 largest local police departments reported double-digit increases in sworn personnel from 2004 to 2008. The largest increases were in:
- Phoenix (19%),
- Prince George's County (Maryland) (17%),
- Dallas (15%),
- and Fort Worth (14%).
Salary:
Salary varies widely for police officers, with most being among the top third of wage-earners, age 25 or older, nationwide. The median annual wage for police and detectives was $65,170 in May 2019. The lowest 10 percent earned less than $37,710, and the highest 10 percent earned more than $109,620.
The median wages for police and detective occupations in May 2019 were as follows:
- $83,170 for detectives and criminal investigators
- $71,820 for police and sheriff's patrol officers
- $63,150 for transit and railroad police
- $57,500 for fish and game wardens
Deaths:
According to 2017 FBI figures, the majority of officer deaths on the job were the result of accidents rather than homicides. Civilians faced a homicide rate of 5.6 per 100,000, while police faced a homicide rate of 3 per 100,000.
The Officer Down Memorial Page, Inc., (ODMP) has tracked approximately 24,000 officers who have died in the line of duty in the United States since 1786. As of 30 April 2021, line-of-duty officer deaths totaled 118 and the two leading causes were contracting coronavirus (COVID-19) (63) and gunfire (19).
See also:
- Media related to Police of the United States at Wikimedia Commons
- Quotations related to Law enforcement in the United States at Wikiquote
- Police officer certification and licensure in the United States
- List of U.S. state and local law enforcement agencies
- Police ranks of the United States
- Police uniforms in the United States
- Police academies in the United States
- List of law enforcement agencies in the District of Columbia
Rule of Law including the World Justice Project: an international civil society organization with the stated mission of "working to advance the rule of law around the world"
Pictured below: Countries by adherence to the Rule of Law according to the 2017–18 World Justice Project report (click on below image for a better view) (Courtesy of JackintheBox - Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=69196049)
- YouTube Video: Russian Lawyer Explains RUSSIAN LAW for Foreigners (Travel, Visa, Citizenship, Study)
- YouTube Video: Swiss Immigration Rules (work or study) - Quick guide
- YouTube Video: What is the Rule of Law? by United States Institute of Peace Organization*
Pictured below: Countries by adherence to the Rule of Law according to the 2017–18 World Justice Project report (click on below image for a better view) (Courtesy of JackintheBox - Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=69196049)
The rule of law is a political ideal that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. It is sometimes stated simply as "no one is above the law!".
The term rule of law is closely related to constitutionalism as well as Rechtsstaat. It refers to a political situation, not to any specific legal rule. The rule of law is defined in the Encyclopædia Britannica as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power."
Use of the phrase can be traced to 16th-century Britain. In the following century, Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings.
John Locke wrote that freedom in society means being subject only to laws written by a legislature that apply to everyone, with a person being otherwise free from both governmental and private restrictions on his liberty.
"The rule of law" was further popularized in the 19th century by British jurist A. V. Dicey. However, the principle, if not the phrase itself, was recognized by ancient thinkers.
Aristotle wrote: "It is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws."
The rule of law implies that every person is subject to the law, including persons who are lawmakers, law enforcement officials, and judges.
History:
Early history (to 15th century):
Several scholars have traced the concept of the rule of law back to 4th-century BC Athens, seeing it either as the dominant value of the Athenian democracy, or as one held in conjunction with the concept of popular sovereignty.
However, these arguments have been challenged and the present consensus is that upholding an abstract concept of the rule of law was not "the predominant consideration" of the Athenian legal system.
Alfred the Great, Anglo-Saxon king in the 9th century, reformed the law of his kingdom and assembled a law code (the Doom Book) which he grounded on biblical commandments. He held that the same law had to be applied to all persons, whether rich or poor, friends or enemies.
This was likely inspired by Leviticus 19:15: "You shall do no iniquity in judgment. You shall not favor the wretched and you shall not defer to the rich. In righteousness you are to judge your fellow."
In 1215, Archbishop Stephen Langton gathered the Barons in England and forced King John and future sovereigns and magistrates back under the rule of law, preserving ancient liberties by Magna Carta in return for exacting taxes.
The influence of the Magna Carta ebbs and wanes across centuries. The weakening of royal power it demonstrated was based more upon the instability presented by contested claims than thoughtful adherence to constitutional principles.
Until 1534, the Church excommunicated people for violations, but after a time the Magna Carta was simply replaced by other statutes considered binding upon the king to act according to "process of the law". Magna Carta's influence is considered greatly diminished by the reign of Henry VI, after the Wars of the Roses.
The ideas contained in the Magna Carta are widely considered to have influenced the United States Constitution.
In 1481, during the reign of Ferdinand II of Aragon, the Constitució de l'Observança was approved by the General Court of Catalonia, establishing the submission of royal power (included its officers) to the laws of the Principality of Catalonia.
The first known use of this English phrase occurred around 1500.
Another early example of the phrase "rule of law" is found in a petition to James I of England in 1610, from the House of Commons: "Amongst many other points of happiness and freedom which your majesty's subjects of this kingdom have enjoyed under your royal progenitors, kings and queens of this realm, there is none which they have accounted more dear and precious than this, to be guided and governed by the certain rule of the law which giveth both to the head and members that which of right belongeth to them, and not by any uncertain or arbitrary form of government ..."
Modern period (1500 CE – present):
See also: Rechtsstaat
In 1607, English Chief Justice Sir Edward Coke said in the Case of Prohibitions (according to his own report) "that the law was the golden met-wand and measure to try the causes of the subjects; and which protected His Majesty in safety and peace: with which the King was greatly offended, and said, that then he should be under the law, which was treason to affirm, as he said; to which I said, that Bracton saith, quod Rex non debet esse sub homine, sed sub Deo et lege (That the King ought not to be under any man but under God and the law.)."
Among the first modern authors to use the term and give the principle theoretical foundations was Samuel Rutherford in Lex, Rex (1644). The title, Latin for "the law is king", subverts the traditional formulation rex lex ("the king is law"). James Harrington wrote in Oceana (1656), drawing principally on Aristotle's Politics, that among forms of government an "Empire of Laws, and not of Men" was preferable to an "Empire of Men, and not of Laws".
John Locke also discussed this issue in his Second Treatise of Government (1690):
"The natural liberty of man is to be free from any superior power on earth, and not to be under the will or legislative authority of man, but to have only the law of nature for his rule. The liberty of man, in society, is to be under no other legislative power, but that established, by consent, in the commonwealth; nor under the dominion of any will, or restraint of any law, but what that legislative shall enact, according to the trust put in it.
Freedom then is not what Sir Robert Filmer tells us, Observations, A. 55. a liberty for every one to do what he lists, to live as he pleases, and not to be tied by any laws: but freedom of men under government is, to have a standing rule to live by, common to every one of that society, and made by the legislative power erected in it; a liberty to follow my own will in all things, where the rule prescribes not; and not to be subject to the inconstant, uncertain, unknown, arbitrary will of another man: as freedom of nature is, to be under no other restraint but the law of nature."
The principle was also discussed by Montesquieu in The Spirit of Law (1748).
The phrase "rule of law" appears in Samuel Johnson's Dictionary (1755).
In 1776, the notion that no one is above the law was popular during the founding of the United States. For example, Thomas Paine wrote in his pamphlet Common Sense that "in America, the law is king. For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other."
In 1780, John Adams enshrined this principle in Article VI of the Declaration of Rights in the Constitution of the Commonwealth of Massachusetts: "No man, nor corporation, or association of men, have any other title to obtain advantages, or particular and exclusive privileges, distinct from those of the community, than what arises from the consideration of services rendered to the public; and this title being in nature neither hereditary, nor transmissible to children, or descendants, or relations by blood, the idea of a man born a magistrate, lawgiver, or judge, is absurd and unnatural.
The influence of Britain, France and the United States contributed to spreading the principle of the rule of law to other countries around the world.
Philosophical influences:
Although credit for popularizing the expression "the rule of law" in modern times is usually given to A. V. Dicey, development of the legal concept can be traced through history to many ancient civilizations, including:
The idea of Rule of Law is often regarded as a modern iteration of the ideas of ancient Greek philosophers who argued that the best form of government was rule by the best men.
Plato advocated a benevolent monarchy ruled by an idealized philosopher king, who was above the law. Plato nevertheless hoped that the best men would be good at respecting established laws, explaining that "Where the law is subject to some other authority and has none of its own, the collapse of the state, in my view, is not far off; but if law is the master of the government and the government is its slave, then the situation is full of promise and men enjoy all the blessings that the gods shower on a state."
More than Plato attempted to do, Aristotle flatly opposed letting the highest officials wield power beyond guarding and serving the laws. In other words, Aristotle advocated the rule of law: "It is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws.
The Roman statesman Cicero is often cited as saying, roughly: "We are all servants of the laws in order to be free." During the Roman Republic, controversial magistrates might be put on trial when their terms of office expired. Under the Roman Empire, the sovereign was personally immune (legibus solutus), but those with grievances could sue the treasury.
In China, members of the school of legalism during the 3rd century BC argued for using law as a tool of governance, but they promoted "rule by law" as opposed to "rule of law," meaning that they placed the aristocrats and emperor above the law. In contrast, the Huang–Lao school of Daoism rejected legal positivism in favor of a natural law that even the ruler would be subject to.
Meaning and categorization of interpretations:
The Oxford English Dictionary has defined rule of law this way: "The authority and influence of law in society, esp. when viewed as a constraint on individual and institutional behaviour; (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes."
Rule of law implies that every citizen is subject to the law. It stands in contrast to the idea that the ruler is above the law, for example by divine right.
Despite wide use by politicians, judges and academics, the rule of law has been described as "an exceedingly elusive notion". Among modern legal theorists, one finds that at least two principal conceptions of the rule of law can be identified: a formalist or "thin" definition, and a substantive or "thick" definition; one occasionally encounters a third "functional" conception.
Formalist definitions of the rule of law do not make a judgment about the "justness" of law itself, but define specific procedural attributes that a legal framework must have in order to be in compliance with the rule of law. Substantive conceptions of the rule of law go beyond this and include certain substantive rights that are said to be based on, or derived from, the rule of law.
Most legal theorists believe that the rule of law has purely formal characteristics. For instance, such theorists claim that law requires:
Within legal theory, these two approaches to the rule of law are seen as the two basic alternatives, respectively labelled the formal and substantive approaches. Still, there are other views as well. Some believe that democracy is part of the rule of law.
The "formal" interpretation is more widespread than the "substantive" interpretation. Formalists hold that the law must be prospective, well-known, and have characteristics of generality, equality, and certainty. Other than that, the formal view contains no requirements as to the content of the law.
This formal approach allows laws that protect democracy and individual rights, but recognizes the existence of "rule of law" in countries that do not necessarily have such laws protecting democracy or individual rights. The best known arguments for the formal interpretation have been made by A.V Dicey, F.A.Hayek, Joseph Raz, and Joseph Unger.
The substantive interpretation preferred by Dworkin, Laws, and Allan, holds that the rule of law intrinsically protects some or all individual rights.
The functional interpretation of the term "rule of law", consistent with the traditional English meaning, contrasts the "rule of law" with the "rule of man".
According to the functional view, a society in which government officers have a great deal of discretion has a low degree of "rule of law", whereas a society in which government officers have little discretion has a high degree of "rule of law".
Upholding the rule of law can sometimes require the punishment of those who commit offenses that are justifiable under natural law but not statutory law. The rule of law is thus somewhat at odds with flexibility, even when flexibility may be preferable.
The ancient concept of rule of law can be distinguished from rule by law, according to political science professor Li Shuguang: "The difference ... is that, under the rule of law, the law is preeminent and can serve as a check against the abuse of power. Under rule by law, the law is a mere tool for a government, that suppresses in a legalistic fashion."
Status in various jurisdictions:
The rule of law has been considered one of the key dimensions that determine the quality and good governance of a country. Research, like the Worldwide Governance Indicators, defines the rule of law as "the extent to which agents have confidence and abide by the rules of society, and in particular the quality of contract enforcement, the police and the courts, as well as the likelihood of crime or violence."
Based on this definition the Worldwide Governance Indicators project has developed aggregate measurements for the rule of law in more than 200 countries, as seen in the map at right. Other evaluations such as the World Justice Project Rule of Law Index show that adherence to rule of law fell in 61% of countries in 2022. Globally, this means that 4.4 billion people live in countries where rule of law declined in 2021.
Europe:
The preamble of the rule of law European Convention for the Protection of Human Rights and Fundamental Freedoms says "the governments of European countries which are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law".
In France and Germany the concepts of rule of law (Etat de droit and Rechtsstaat respectively) are analogous to the principles of constitutional supremacy and protection of fundamental rights from public authorities (see public law), particularly the legislature.
France was one of the early pioneers of the ideas of the rule of law.[53] The German interpretation is more "rigid" but similar to that of France and the United Kingdom.[54][55]
Finland's constitution explicitly requires rule of law by stipulating that "the exercise of public powers shall be based on an Act. In all public activity, the law shall be strictly observed."
United Kingdom:
Main article: Rule of law in the United Kingdom
See also: History of the constitution of the United Kingdom
In the United Kingdom the rule of law is a long-standing principle of the way the country is governed, dating from England's Magna Carta in 1215 and the Bill of Rights 1689. In the 19th century classic work Introduction to the Study of the Law of the Constitution (1885), A. V. Dicey, a constitutional scholar and lawyer, wrote of the twin pillars of the British constitution: the rule of law and parliamentary sovereignty.
Americas:
United States:
All government officers of the United States, including the President, the Justices of the Supreme Court, state judges and legislators, and all members of Congress, pledge first and foremost to uphold the Constitution. These oaths affirm that the rule of law is superior to the rule of any human leader.
At the same time, the federal government has considerable discretion: the legislative branch is free to decide what statutes it will write, as long as it stays within its enumerated powers and respects the constitutionally protected rights of individuals. Likewise, the judicial branch has a degree of judicial discretion, and the executive branch also has various discretionary powers including prosecutorial discretion.
Per repeated opinions released by the Office of Legal Counsel at the Department of Justice, a sitting president cannot be indicted or prosecuted.
Scholars continue to debate whether the U.S. Constitution adopted a particular interpretation of the "rule of law", and if so, which one. For example, John Harrison asserts that the word "law" in the Constitution is simply defined as that which is legally binding, rather than being "defined by formal or substantive criteria", and therefore judges do not have discretion to decide that laws fail to satisfy such unwritten and vague criteria.
Law Professor Frederick Mark Gedicks disagrees, writing that Cicero, Augustine, Thomas Aquinas, and the framers of the U.S. Constitution believed that an unjust law was not really a law at all.
Some modern scholars contend that the rule of law has been corroded during the past century by the instrumental view of law promoted by legal realists such as Oliver Wendell Holmes and Roscoe Pound.
For example, Brian Tamanaha asserts: "The rule of law is a centuries-old ideal, but the notion that law is a means to an end became entrenched only in the course of the nineteenth and twentieth centuries."
Others argue that the rule of law has survived but was transformed to allow for the exercise of discretion by administrators. For much of American history, the dominant notion of the rule of law, in this setting, has been some version of A. V. Dicey's: "no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary Courts of the land."
That is, individuals should be able to challenge an administrative order by bringing suit in a court of general jurisdiction. As the dockets of worker compensation commissions, public utility commissions and other agencies burgeoned, it soon became apparent that letting judges decide for themselves all the facts in a dispute (such as the extent of an injury in a worker's compensation case) would overwhelm the courts and destroy the advantages of specialization that led to the creation of administrative agencies in the first place.
Even Charles Evans Hughes, a Chief Justice of the United States, believed "you must have administration, and you must have administration by administrative officers." By 1941, a compromise had emerged. If administrators adopted procedures that more or less tracked "the ordinary legal manner" of the courts, further review of the facts by "the ordinary Courts of the land" was unnecessary.
That is, if you had your "day in commission", the rule of law did not require a further "day in court". Thus Dicey's rule of law was recast into a purely procedural form.
James Wilson said during the Philadelphia Convention in 1787 that, "Laws may be unjust, may be unwise, may be dangerous, may be destructive; and yet not be so unconstitutional as to justify the Judges in refusing to give them effect."
George Mason agreed that judges "could declare an unconstitutional law void. But with regard to every law, however unjust, oppressive or pernicious, which did not come plainly under this description, they would be under the necessity as judges to give it a free course."
Chief Justice John Marshall (joined by Justice Joseph Story) took a similar position in 1827: "When its existence as law is denied, that existence cannot be proved by showing what are the qualities of a law."
United States and definition and goal of rule of law:
Various and countless way to define rule of law are known in the United States and might depend on one organization's goal including in territories with security risk:
The purpose of law is served by five "elements" of the rule of law:
(1) The first element is the capacity of legal rules, standards, or principles to guide people in the conduct of their affairs. People must be able to understand the law and comply with it.
(2) The second element of the Rule of Law is efficacy. The law should actually guide people, at least for the most part. In Joseph Raz's phrase, "people should be ruled by the law and obey it."
(3) The third element is stability. The law should be reasonably stable, in order to facilitate planning and coordinated action over time.
(4) The fourth element of the Rule of Law is the supremacy of legal authority. The law should rule officials, including judges, as well as ordinary citizens.
(5) The final element involves instrumentalities of impartial justice. Courts should be available to enforce the law and should employ fair procedures.
— Fallonconcept in terms of five (different) "goals" of the rule of law:
US Army doctrine and US Government inter-agency agreement:
US Army doctrine and U.S. Government (USG) inter-agency agreement might see rule of law as a principle of governance
That principle can be broken down into seven effects:
The complete realization of these effects represents an ideal.
Canada:
In Canada, administrative law makes the rule of law is an underlying constitutional principle requiring government to be conducted according to law and making all public officers answerable for their acts in the ordinary courts.
Asia:
East Asian cultures are influenced by two schools of thought, Confucianism, which advocated good governance as rule by leaders who are benevolent and virtuous, and Legalism, which advocated strict adherence to law. The influence of one school of thought over the other has varied throughout the centuries.
One study indicates that throughout East Asia, only South Korea, Singapore, Japan, Taiwan and Hong Kong have societies that are robustly committed to a law-bound state. According to Awzar Thi, a member of the Asian Human Rights Commission, the rule of law in Cambodia, and most of Asia is weak or nonexistent: Apart from a number of states and territories, across the continent there is a huge gulf between the rule of law rhetoric and reality. In Thailand, the police force is favor over the rich and corrupted.
In Cambodia, judges are proxies for the ruling political party ... That a judge may harbor political prejudice or apply the law unevenly are the smallest worries for an ordinary criminal defendant in Asia. More likely ones are: Will the police fabricate the evidence? Will the prosecutor bother to show up? Will the judge fall asleep? Will I be poisoned in prison? Will my case be completed within a decade?
In countries such as China and Vietnam, the transition to a market economy has been a major factor in a move toward the rule of law, because the rule of law is important to foreign investors and to economic development. It remains unclear whether the rule of law in countries like China and Vietnam will be limited to commercial matters or will spill into other areas as well, and if so whether that spillover will enhance prospects for related values such as democracy and human rights.
The rule of law in China has been widely discussed and debated by both legal scholars and politicians in China.
In China, although rule of law has been attributed to Western political values, the Chinese Communist Party (CCP) has attempted to redefine it for their country. Despite the CCP's Document 9 arguing that Western values have corrupted many people's understanding of the rule of law, the CCP has simultaneously endorsed governing the country in accordance with the rule of law.
These factors likely suggest that the CCP is creating a rule of law with Chinese characteristics, which may simply entail modifying the Western notion of rule of law to best match China's unique political, social, and historical conditions. As Document 9 suggests, the CCP doesn't see judicial independence, separation of power, or constitutional forms of governance as defined by Western society, to suit China's unique form of governance.
This unique version of rule of law with Chinese characteristics has led to different attempts to define China's method of governing the country by rule of law domestically and internationally.
In Thailand, a kingdom that has had a constitution since the initial attempt to overthrow the absolute monarchy system in 1932, the rule of law has been more of a principle than actual practice. Ancient prejudices and political bias have been present in the three branches of government with each of their foundings, and justice has been processed formally according to the law but in fact more closely aligned with royalist principles that are still advocated in the 21st century.
In November 2013, Thailand faced still further threats to the rule of law when the executive branch rejected a supreme court decision over how to select senators.
In India, the longest constitutional text in the history of the world has governed that country since 1950. The Constitution of India is intended to limit the opportunity for governmental discretion and the judiciary uses judicial review to uphold the Constitution, especially the Fundamental Rights.
Although some people have criticized the Indian judiciary for its judicial activism, others believe such actions are needed to safeguard the rule of law based on the Constitution as well as to preserve judicial independence, an important part of the basic structure doctrine.
Japan had centuries of tradition prior to World War II, during which there were laws, but they did not provide a central organizing principle for society, and they did not constrain the powers of government (Boadi, 2001).
As the 21st century began, the percentage of people who were lawyers and judges in Japan remained very low relative to western Europe and the United States, and legislation in Japan tended to be terse and general, leaving much discretion in the hands of bureaucrats.
Organizations
Various organizations are involved in promoting the rule of law:
EU Commission:
The rule of law is enshrined in Article 2 of the Treaty on European Union as one of the common values for all Member States. Under the rule of law, all public powers always act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts.
The rule of law includes principles such as legality, implying a transparent, accountable, democratic and pluralistic process for enacting laws:
These principles have been recognised by the European Court of Justice and the European Court of Human Rights. In addition, the Council of Europe has developed standards and issued opinions and recommendations which provide well-established guidance to promote and uphold the rule of law.
The Council of Europe:
The Statute of the Council of Europe characterizes the rule of law as one of the core principles which the establishment of the organization based on. The paragraph 3 of the preamble of the Statute of the Council of Europe states: "Reaffirming their devotion to the spiritual and moral values which are the common heritage of their peoples and the true source of individual freedom, political liberty and the rule of law, principles which form the basis of all genuine democracy."
The Statute lays the compliance with the rule of law principles as a condition for the European states to be a full member of the organization.
International Commission of Jurists:
In 1959, an event took place in New Delhi and speaking as the International Commission of Jurists, made a declaration as to the fundamental principle of the rule of law. The event consisted of over 185 judges, lawyers, and law professors from 53 countries.
This later became known as the Declaration of Delhi. During the declaration they declared what the rule of law implied. They included certain rights and freedoms, an independent judiciary and social, economic and cultural conditions conducive to human dignity.
The one aspect not included in The Declaration of Delhi, was for rule of law requiring legislative power to be subject to judicial review.
United Nations:
The Secretary-General of the United Nations defines the rule of law as a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.
It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.
The General Assembly has considered rule of law an agenda item since 1992, with renewed interest since 2006 and has adopted resolutions at its last three sessions.
The Security Council has held a number of thematic debates on the rule of law, and adopted resolutions emphasizing the importance of these issues in the context of women, peace and security, children in armed conflict, and the protection of civilians in armed conflict.
The Peacebuilding Commission has also regularly addressed rule of law issues with respect to countries on its agenda.
The Vienna Declaration and Programme of Action also requires the rule of law be included in human rights education.
Additionally, the Sustainable Development Goal 16, a component of the 2030 Agenda is aimed at promoting the rule of law at national and international levels.
In Our Common Agenda, the United Nations Secretary General wrote in paragraph 23: "In support of efforts to put people at the center of justice systems, I will promote a new vision for the rule of law, building on Sustainable Development Goal 16 and the 2012 Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Levels (see resolution 67/1)."
International Bar Association:
The Council of the International Bar Association passed a resolution in 2009 endorsing a substantive or "thick" definition of the rule of law:
The above are all fundamental principles of the Rule of Law. Accordingly, arbitrary arrests; secret trials; indefinite detention without trial; cruel or degrading treatment or punishment; intimidation or corruption in the electoral process, are all unacceptable.
The Rule of Law is the foundation of a civilised society. It establishes a transparent process accessible and equal to all. It ensures adherence to principles that both liberate and protect.
The IBA calls upon all countries to respect these fundamental principles. It also calls upon its members to speak out in support of the Rule of Law within their respective communities.
International Development Law Organization:
The International Development Law Organization (IDLO) is an intergovernmental organization with a joint focus on the promotion of rule of law and development. It works to empower people and communities to claim their rights, and provides governments with the know-how to realize them.
It supports emerging economies and middle-income countries to strengthen their legal capacity and rule of law framework for sustainable development and economic opportunity. It is the only intergovernmental organization with an exclusive mandate to promote the rule of law and has experience working in more than 90 countries around the world.
The International Development Law Organization has a holistic definition of the rule of law:
More than a matter of due process, the rule of law is an enabler of justice and development.
The three notions are interdependent; when realized, they are mutually reinforcing. For IDLO, as much as a question of laws and procedure, the rule of law is a culture and daily practice. It is inseparable from equality, from access to justice and education, from access to health and the protection of the most vulnerable. It is crucial for the viability of communities and nations, and for the environment that sustains them.
IDLO is headquartered in Rome and has a branch office in The Hague and has Permanent Observer Status at the United Nations General Assembly in New York City.
International Network to Promote the Rule of Law:
The International Network to Promote the Rule of Law (INPROL) is a network of over 3,000 law practitioners from 120 countries and 300 organizations working on rule of law issues in post-conflict and developing countries from a policy, practice and research perspective.
INPROL is based at the US Institute of Peace (USIP) in partnership with:
Its affiliate organizations include:
INPROL provides an online forum for the exchange of information about best practices. Members may post questions, and expect a response from their fellow rule of law practitioners worldwide on their experiences in addressing rule of law issues.
In relation to economics:
One important aspect of the rule-of-law initiatives is the study and analysis of the rule of law's impact on economic development. The rule-of-law movement cannot be fully successful in transitional and developing countries without an answer to the question: does the rule of law matter to economic development or not?
Constitutional economics is the study of the compatibility of economic and financial decisions within existing constitutional law frameworks, and such a framework includes government spending on the judiciary, which, in many transitional and developing countries, is completely controlled by the executive. It is useful to distinguish between the two methods of corruption of the judiciary: corruption by the executive branch, in contrast to corruption by private actors.
The standards of constitutional economics can be used during annual budget process, and if that budget planning is transparent then the rule of law may benefit. The availability of an effective court system, to be used by the civil society in situations of unfair government spending and executive impoundment of previously authorized appropriations, is a key element for the success of the rule-of-law endeavor.
The Rule of Law is especially important as an influence on the economic development in developing and transitional countries. To date, the term "rule of law" has been used primarily in the English-speaking countries, and it is not yet fully clarified even with regard to such well-established democracies as, for instance, Sweden, Denmark, France, Germany, or Japan.
A common language between lawyers of common law and civil law countries as well as between legal communities of developed and developing countries is critically important for research of links between the rule of law and real economy.
The economist F. A. Hayek analyzed how the rule of law might be beneficial to the free market. Hayek proposed that under the rule of law, individuals would be able to make wise investments and future plans with some confidence in a successful return on investment when he stated: "under the Rule of Law the government is prevented from stultifying individual efforts by ad hoc action.
Within the known rules of the game the individual is free to pursue his personal ends and desires, certain that the powers of government will not be used deliberately to frustrate his efforts."
Studies have shown that weak rule of law (for example, discretionary regulatory enforcement) discourages investment. Economists have found, for example, that a rise in discretionary regulatory enforcement caused US firms to abandon international investments.
In relation to culture:
The Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments or Roerich Pact is an inter-American treaty. The most important idea of the Roerich Pact is the legal recognition that the defense of cultural objects is more important than the use or destruction of that culture for military purposes, and the protection of culture always has precedence over any military necessity.
The Roerich Pact signed on 15 April 1935, by the representatives of 21 American states in the Oval Office of the White House (Washington, DC). It was the first international treaty signed in the Oval Office.
The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict is the first international treaty that focuses on the protection of cultural property in armed conflict. It was signed at The Hague, Netherlands on 14 May 1954 and entered into force on 7 August 1956. As of June 2017, it has been ratified by 128 states.
The rule of law can be hampered when there is a disconnect between legal and popular consensus. An example is intellectual property. Under the auspices of the World Intellectual Property Organization, nominally strong copyright laws have been implemented throughout most of the world; but because the attitude of much of the population does not conform to these laws, a rebellion against ownership rights has manifested in rampant piracy, including an increase in peer-to-peer file sharing.
Similarly, in Russia, tax evasion is common and a person who admits he does not pay taxes is not judged or criticized by his colleagues and friends, because the tax system is viewed as unreasonable. Bribery likewise has different normative implications across cultures.
In relation to education:
Education has an important role in promoting the rule of law (RoL) and a culture of lawfulness. In essence, it provides an important protective function by strengthening learners' abilities to face and overcome difficult life situations. Young people can be important contributors to a culture of lawfulness, and governments can provide educational support that nurtures positive values and attitudes in future generations.
Through education, learners are expected to acquire and develop the cognitive, socio-emotional and behavioural experiences and skills they need to develop into constructive and responsible contributors to society. Education also plays a key role in transmitting and sustaining socio-cultural norms and ensuring their continued evolution.
Through formal education, children and youth are socialized to adopt certain values, behaviours, attitudes and roles that form their personal and social identity and guide them in their daily choices.
As they develop, children and youth also develop the capacity to reflect critically on norms, and to shape new norms that reflect contemporary conditions. As such, education for justice promotes and upholds the principle of the RoL by:
Global Citizenship Education (GCE) is built on a lifelong learning perspective. It is not only for children and youth but also for adults. It can be delivered in formal, non-formal and informal settings. For this reason, GCE is part and parcel of the Sustainable Development Goal 4 on Education (SDG4, Target 4.7). A competency framework based on a vision of learning covers three domains to create a well-rounded learning experience: Cognitive, Socio-Emotional and Behavioural.
Educational policies and programmes can support the personal and societal transformations that are needed to promote and uphold the RoL by:
See also:
By jurisdiction:
World Justice Project:
The World Justice Project (WJP) is an international civil society organization with the stated mission of "working to advance the rule of law around the world" (see above)
It produces the World Justice Project Rule of Law Index, a quantitative assessment tool that shows the extent to which countries adhere to the rule of law in practice.
WJP's major activity is the World Justice Forum, a global gathering at which prominent leaders from all parts of the world and a variety of disciplines come together to articulate how the rule of law affects their disciplines and regions and to develop collaborative actions to strengthen the rule of law.
WJP was founded by William H. Neukom and William C. Hubbard in 2006 as a presidential initiative of the American Bar Association and with the support of 21 partners.
The World Justice Project became an independent 501(c)(3) non-profit organization in 2009.
WJP Rule of Law Index
The World Justice Project Rule of Law Index is a quantitative assessment tool designed to offer a detailed and comprehensive picture of the extent to which countries adhere to the rule of law in practice.
The Index provides data on eight dimensions of the rule of law: limited government powers; absence of corruption; order and security; fundamental rights; open government; regulatory enforcement; civil justice; and criminal justice. These factors are further disaggregated into forty-four indicators. Together, they provide a comprehensive picture of rule of law compliance. The index is typically published annually.
The World Justice Project defines the rule of law system as one in which the following four universal principles are upheld:
The Index rankings and scores are built from over 400 variables drawn from two new data sources:
(i) a general population poll (GPP), designed by the WJP and conducted by leading local polling companies using a probability sample of 1,000 respondents in the three largest cities of each country;
and (ii) a qualified respondents' questionnaire (QRQ) completed by in-country experts in civil and commercial law, criminal law, labor law, and public health. To date, over 97,000 people and 2,500 experts have been interviewed in 99 countries and jurisdictions.
Adherence to the rule of law is assessed using 47 indicators organized around eight themes: constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice.
In addition to country scores and rankings, the Index also includes key global findings as well as an analysis of regional strengths, rule of law challenges, best and worst performers, and trends to watch. Data from the WJP Rule of Law Index is used as an indicator of political and legal freedom in the Basel AML Index, a money laundering risk assessment tool developed by the Basel Institute on Governance.
WJP Rule of Law Index 2022:
The top 30 countries for the rule of law according to WJP in 2022 are as follows (Click on image below for a better view):
The term rule of law is closely related to constitutionalism as well as Rechtsstaat. It refers to a political situation, not to any specific legal rule. The rule of law is defined in the Encyclopædia Britannica as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power."
Use of the phrase can be traced to 16th-century Britain. In the following century, Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings.
John Locke wrote that freedom in society means being subject only to laws written by a legislature that apply to everyone, with a person being otherwise free from both governmental and private restrictions on his liberty.
"The rule of law" was further popularized in the 19th century by British jurist A. V. Dicey. However, the principle, if not the phrase itself, was recognized by ancient thinkers.
Aristotle wrote: "It is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws."
The rule of law implies that every person is subject to the law, including persons who are lawmakers, law enforcement officials, and judges.
History:
Early history (to 15th century):
Several scholars have traced the concept of the rule of law back to 4th-century BC Athens, seeing it either as the dominant value of the Athenian democracy, or as one held in conjunction with the concept of popular sovereignty.
However, these arguments have been challenged and the present consensus is that upholding an abstract concept of the rule of law was not "the predominant consideration" of the Athenian legal system.
Alfred the Great, Anglo-Saxon king in the 9th century, reformed the law of his kingdom and assembled a law code (the Doom Book) which he grounded on biblical commandments. He held that the same law had to be applied to all persons, whether rich or poor, friends or enemies.
This was likely inspired by Leviticus 19:15: "You shall do no iniquity in judgment. You shall not favor the wretched and you shall not defer to the rich. In righteousness you are to judge your fellow."
In 1215, Archbishop Stephen Langton gathered the Barons in England and forced King John and future sovereigns and magistrates back under the rule of law, preserving ancient liberties by Magna Carta in return for exacting taxes.
The influence of the Magna Carta ebbs and wanes across centuries. The weakening of royal power it demonstrated was based more upon the instability presented by contested claims than thoughtful adherence to constitutional principles.
Until 1534, the Church excommunicated people for violations, but after a time the Magna Carta was simply replaced by other statutes considered binding upon the king to act according to "process of the law". Magna Carta's influence is considered greatly diminished by the reign of Henry VI, after the Wars of the Roses.
The ideas contained in the Magna Carta are widely considered to have influenced the United States Constitution.
In 1481, during the reign of Ferdinand II of Aragon, the Constitució de l'Observança was approved by the General Court of Catalonia, establishing the submission of royal power (included its officers) to the laws of the Principality of Catalonia.
The first known use of this English phrase occurred around 1500.
Another early example of the phrase "rule of law" is found in a petition to James I of England in 1610, from the House of Commons: "Amongst many other points of happiness and freedom which your majesty's subjects of this kingdom have enjoyed under your royal progenitors, kings and queens of this realm, there is none which they have accounted more dear and precious than this, to be guided and governed by the certain rule of the law which giveth both to the head and members that which of right belongeth to them, and not by any uncertain or arbitrary form of government ..."
Modern period (1500 CE – present):
See also: Rechtsstaat
In 1607, English Chief Justice Sir Edward Coke said in the Case of Prohibitions (according to his own report) "that the law was the golden met-wand and measure to try the causes of the subjects; and which protected His Majesty in safety and peace: with which the King was greatly offended, and said, that then he should be under the law, which was treason to affirm, as he said; to which I said, that Bracton saith, quod Rex non debet esse sub homine, sed sub Deo et lege (That the King ought not to be under any man but under God and the law.)."
Among the first modern authors to use the term and give the principle theoretical foundations was Samuel Rutherford in Lex, Rex (1644). The title, Latin for "the law is king", subverts the traditional formulation rex lex ("the king is law"). James Harrington wrote in Oceana (1656), drawing principally on Aristotle's Politics, that among forms of government an "Empire of Laws, and not of Men" was preferable to an "Empire of Men, and not of Laws".
John Locke also discussed this issue in his Second Treatise of Government (1690):
"The natural liberty of man is to be free from any superior power on earth, and not to be under the will or legislative authority of man, but to have only the law of nature for his rule. The liberty of man, in society, is to be under no other legislative power, but that established, by consent, in the commonwealth; nor under the dominion of any will, or restraint of any law, but what that legislative shall enact, according to the trust put in it.
Freedom then is not what Sir Robert Filmer tells us, Observations, A. 55. a liberty for every one to do what he lists, to live as he pleases, and not to be tied by any laws: but freedom of men under government is, to have a standing rule to live by, common to every one of that society, and made by the legislative power erected in it; a liberty to follow my own will in all things, where the rule prescribes not; and not to be subject to the inconstant, uncertain, unknown, arbitrary will of another man: as freedom of nature is, to be under no other restraint but the law of nature."
The principle was also discussed by Montesquieu in The Spirit of Law (1748).
The phrase "rule of law" appears in Samuel Johnson's Dictionary (1755).
In 1776, the notion that no one is above the law was popular during the founding of the United States. For example, Thomas Paine wrote in his pamphlet Common Sense that "in America, the law is king. For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other."
In 1780, John Adams enshrined this principle in Article VI of the Declaration of Rights in the Constitution of the Commonwealth of Massachusetts: "No man, nor corporation, or association of men, have any other title to obtain advantages, or particular and exclusive privileges, distinct from those of the community, than what arises from the consideration of services rendered to the public; and this title being in nature neither hereditary, nor transmissible to children, or descendants, or relations by blood, the idea of a man born a magistrate, lawgiver, or judge, is absurd and unnatural.
The influence of Britain, France and the United States contributed to spreading the principle of the rule of law to other countries around the world.
Philosophical influences:
Although credit for popularizing the expression "the rule of law" in modern times is usually given to A. V. Dicey, development of the legal concept can be traced through history to many ancient civilizations, including:
- ancient Greece,
- Mesopotamia,
- India,
- and Rome.
The idea of Rule of Law is often regarded as a modern iteration of the ideas of ancient Greek philosophers who argued that the best form of government was rule by the best men.
Plato advocated a benevolent monarchy ruled by an idealized philosopher king, who was above the law. Plato nevertheless hoped that the best men would be good at respecting established laws, explaining that "Where the law is subject to some other authority and has none of its own, the collapse of the state, in my view, is not far off; but if law is the master of the government and the government is its slave, then the situation is full of promise and men enjoy all the blessings that the gods shower on a state."
More than Plato attempted to do, Aristotle flatly opposed letting the highest officials wield power beyond guarding and serving the laws. In other words, Aristotle advocated the rule of law: "It is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws.
The Roman statesman Cicero is often cited as saying, roughly: "We are all servants of the laws in order to be free." During the Roman Republic, controversial magistrates might be put on trial when their terms of office expired. Under the Roman Empire, the sovereign was personally immune (legibus solutus), but those with grievances could sue the treasury.
In China, members of the school of legalism during the 3rd century BC argued for using law as a tool of governance, but they promoted "rule by law" as opposed to "rule of law," meaning that they placed the aristocrats and emperor above the law. In contrast, the Huang–Lao school of Daoism rejected legal positivism in favor of a natural law that even the ruler would be subject to.
Meaning and categorization of interpretations:
The Oxford English Dictionary has defined rule of law this way: "The authority and influence of law in society, esp. when viewed as a constraint on individual and institutional behaviour; (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes."
Rule of law implies that every citizen is subject to the law. It stands in contrast to the idea that the ruler is above the law, for example by divine right.
Despite wide use by politicians, judges and academics, the rule of law has been described as "an exceedingly elusive notion". Among modern legal theorists, one finds that at least two principal conceptions of the rule of law can be identified: a formalist or "thin" definition, and a substantive or "thick" definition; one occasionally encounters a third "functional" conception.
Formalist definitions of the rule of law do not make a judgment about the "justness" of law itself, but define specific procedural attributes that a legal framework must have in order to be in compliance with the rule of law. Substantive conceptions of the rule of law go beyond this and include certain substantive rights that are said to be based on, or derived from, the rule of law.
Most legal theorists believe that the rule of law has purely formal characteristics. For instance, such theorists claim that law requires:
- generality (general rules that apply to classes of persons and behaviors as opposed to individuals),
- publicity (no secret laws),
- prospective application (little or no retroactive laws),
- consistency (no contradictory laws),
- equality (applied equally throughout all society),
- and certainty (certainty of application for a given situation),
- but formalists contend that there are no requirements with regard to the content of the law.
- Others, including a few legal theorists, believe that the rule of law necessarily entails protection of individual rights.
Within legal theory, these two approaches to the rule of law are seen as the two basic alternatives, respectively labelled the formal and substantive approaches. Still, there are other views as well. Some believe that democracy is part of the rule of law.
The "formal" interpretation is more widespread than the "substantive" interpretation. Formalists hold that the law must be prospective, well-known, and have characteristics of generality, equality, and certainty. Other than that, the formal view contains no requirements as to the content of the law.
This formal approach allows laws that protect democracy and individual rights, but recognizes the existence of "rule of law" in countries that do not necessarily have such laws protecting democracy or individual rights. The best known arguments for the formal interpretation have been made by A.V Dicey, F.A.Hayek, Joseph Raz, and Joseph Unger.
The substantive interpretation preferred by Dworkin, Laws, and Allan, holds that the rule of law intrinsically protects some or all individual rights.
The functional interpretation of the term "rule of law", consistent with the traditional English meaning, contrasts the "rule of law" with the "rule of man".
According to the functional view, a society in which government officers have a great deal of discretion has a low degree of "rule of law", whereas a society in which government officers have little discretion has a high degree of "rule of law".
Upholding the rule of law can sometimes require the punishment of those who commit offenses that are justifiable under natural law but not statutory law. The rule of law is thus somewhat at odds with flexibility, even when flexibility may be preferable.
The ancient concept of rule of law can be distinguished from rule by law, according to political science professor Li Shuguang: "The difference ... is that, under the rule of law, the law is preeminent and can serve as a check against the abuse of power. Under rule by law, the law is a mere tool for a government, that suppresses in a legalistic fashion."
Status in various jurisdictions:
The rule of law has been considered one of the key dimensions that determine the quality and good governance of a country. Research, like the Worldwide Governance Indicators, defines the rule of law as "the extent to which agents have confidence and abide by the rules of society, and in particular the quality of contract enforcement, the police and the courts, as well as the likelihood of crime or violence."
Based on this definition the Worldwide Governance Indicators project has developed aggregate measurements for the rule of law in more than 200 countries, as seen in the map at right. Other evaluations such as the World Justice Project Rule of Law Index show that adherence to rule of law fell in 61% of countries in 2022. Globally, this means that 4.4 billion people live in countries where rule of law declined in 2021.
Europe:
The preamble of the rule of law European Convention for the Protection of Human Rights and Fundamental Freedoms says "the governments of European countries which are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law".
In France and Germany the concepts of rule of law (Etat de droit and Rechtsstaat respectively) are analogous to the principles of constitutional supremacy and protection of fundamental rights from public authorities (see public law), particularly the legislature.
France was one of the early pioneers of the ideas of the rule of law.[53] The German interpretation is more "rigid" but similar to that of France and the United Kingdom.[54][55]
Finland's constitution explicitly requires rule of law by stipulating that "the exercise of public powers shall be based on an Act. In all public activity, the law shall be strictly observed."
United Kingdom:
Main article: Rule of law in the United Kingdom
See also: History of the constitution of the United Kingdom
In the United Kingdom the rule of law is a long-standing principle of the way the country is governed, dating from England's Magna Carta in 1215 and the Bill of Rights 1689. In the 19th century classic work Introduction to the Study of the Law of the Constitution (1885), A. V. Dicey, a constitutional scholar and lawyer, wrote of the twin pillars of the British constitution: the rule of law and parliamentary sovereignty.
Americas:
United States:
All government officers of the United States, including the President, the Justices of the Supreme Court, state judges and legislators, and all members of Congress, pledge first and foremost to uphold the Constitution. These oaths affirm that the rule of law is superior to the rule of any human leader.
At the same time, the federal government has considerable discretion: the legislative branch is free to decide what statutes it will write, as long as it stays within its enumerated powers and respects the constitutionally protected rights of individuals. Likewise, the judicial branch has a degree of judicial discretion, and the executive branch also has various discretionary powers including prosecutorial discretion.
Per repeated opinions released by the Office of Legal Counsel at the Department of Justice, a sitting president cannot be indicted or prosecuted.
Scholars continue to debate whether the U.S. Constitution adopted a particular interpretation of the "rule of law", and if so, which one. For example, John Harrison asserts that the word "law" in the Constitution is simply defined as that which is legally binding, rather than being "defined by formal or substantive criteria", and therefore judges do not have discretion to decide that laws fail to satisfy such unwritten and vague criteria.
Law Professor Frederick Mark Gedicks disagrees, writing that Cicero, Augustine, Thomas Aquinas, and the framers of the U.S. Constitution believed that an unjust law was not really a law at all.
Some modern scholars contend that the rule of law has been corroded during the past century by the instrumental view of law promoted by legal realists such as Oliver Wendell Holmes and Roscoe Pound.
For example, Brian Tamanaha asserts: "The rule of law is a centuries-old ideal, but the notion that law is a means to an end became entrenched only in the course of the nineteenth and twentieth centuries."
Others argue that the rule of law has survived but was transformed to allow for the exercise of discretion by administrators. For much of American history, the dominant notion of the rule of law, in this setting, has been some version of A. V. Dicey's: "no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary Courts of the land."
That is, individuals should be able to challenge an administrative order by bringing suit in a court of general jurisdiction. As the dockets of worker compensation commissions, public utility commissions and other agencies burgeoned, it soon became apparent that letting judges decide for themselves all the facts in a dispute (such as the extent of an injury in a worker's compensation case) would overwhelm the courts and destroy the advantages of specialization that led to the creation of administrative agencies in the first place.
Even Charles Evans Hughes, a Chief Justice of the United States, believed "you must have administration, and you must have administration by administrative officers." By 1941, a compromise had emerged. If administrators adopted procedures that more or less tracked "the ordinary legal manner" of the courts, further review of the facts by "the ordinary Courts of the land" was unnecessary.
That is, if you had your "day in commission", the rule of law did not require a further "day in court". Thus Dicey's rule of law was recast into a purely procedural form.
James Wilson said during the Philadelphia Convention in 1787 that, "Laws may be unjust, may be unwise, may be dangerous, may be destructive; and yet not be so unconstitutional as to justify the Judges in refusing to give them effect."
George Mason agreed that judges "could declare an unconstitutional law void. But with regard to every law, however unjust, oppressive or pernicious, which did not come plainly under this description, they would be under the necessity as judges to give it a free course."
Chief Justice John Marshall (joined by Justice Joseph Story) took a similar position in 1827: "When its existence as law is denied, that existence cannot be proved by showing what are the qualities of a law."
United States and definition and goal of rule of law:
Various and countless way to define rule of law are known in the United States and might depend on one organization's goal including in territories with security risk:
- First the Rule of Law should protect against anarchy and the Hobbesian war of all against all.
- Second, the Rule of Law should allow people to plan their affairs with reasonable confidence that they can know in advance the legal consequences of various actions.
- Third, the Rule of Law should guarantee against at least some types of official arbitrariness.
The purpose of law is served by five "elements" of the rule of law:
(1) The first element is the capacity of legal rules, standards, or principles to guide people in the conduct of their affairs. People must be able to understand the law and comply with it.
(2) The second element of the Rule of Law is efficacy. The law should actually guide people, at least for the most part. In Joseph Raz's phrase, "people should be ruled by the law and obey it."
(3) The third element is stability. The law should be reasonably stable, in order to facilitate planning and coordinated action over time.
(4) The fourth element of the Rule of Law is the supremacy of legal authority. The law should rule officials, including judges, as well as ordinary citizens.
(5) The final element involves instrumentalities of impartial justice. Courts should be available to enforce the law and should employ fair procedures.
— Fallonconcept in terms of five (different) "goals" of the rule of law:
- making the state abide by the law
- ensuring equality before the law
- `supplying law and order
- providing efficient and impartial justice, and
- upholding human rights
— Rachel Kleinfeld
US Army doctrine and US Government inter-agency agreement:
US Army doctrine and U.S. Government (USG) inter-agency agreement might see rule of law as a principle of governance
- Rule of law is a principle of governance in which all persons, institutions and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, and which are consistent with international human rights principles.
That principle can be broken down into seven effects:
- The state monopolizes the use of force in the resolution of disputes
- Individuals are secure in their persons and property
- The state is itself bound by law and does not act arbitrarily
- The law can be readily determined and is stable enough to allow individuals to plan their affairs
- Individuals have meaningful access to an effective and impartial legal system
- The state protects basic human rights and fundamental freedoms.
- Individuals rely on the existence of justice institutions and the content of law in the conduct of their daily lives
The complete realization of these effects represents an ideal.
Canada:
In Canada, administrative law makes the rule of law is an underlying constitutional principle requiring government to be conducted according to law and making all public officers answerable for their acts in the ordinary courts.
Asia:
East Asian cultures are influenced by two schools of thought, Confucianism, which advocated good governance as rule by leaders who are benevolent and virtuous, and Legalism, which advocated strict adherence to law. The influence of one school of thought over the other has varied throughout the centuries.
One study indicates that throughout East Asia, only South Korea, Singapore, Japan, Taiwan and Hong Kong have societies that are robustly committed to a law-bound state. According to Awzar Thi, a member of the Asian Human Rights Commission, the rule of law in Cambodia, and most of Asia is weak or nonexistent: Apart from a number of states and territories, across the continent there is a huge gulf between the rule of law rhetoric and reality. In Thailand, the police force is favor over the rich and corrupted.
In Cambodia, judges are proxies for the ruling political party ... That a judge may harbor political prejudice or apply the law unevenly are the smallest worries for an ordinary criminal defendant in Asia. More likely ones are: Will the police fabricate the evidence? Will the prosecutor bother to show up? Will the judge fall asleep? Will I be poisoned in prison? Will my case be completed within a decade?
In countries such as China and Vietnam, the transition to a market economy has been a major factor in a move toward the rule of law, because the rule of law is important to foreign investors and to economic development. It remains unclear whether the rule of law in countries like China and Vietnam will be limited to commercial matters or will spill into other areas as well, and if so whether that spillover will enhance prospects for related values such as democracy and human rights.
The rule of law in China has been widely discussed and debated by both legal scholars and politicians in China.
In China, although rule of law has been attributed to Western political values, the Chinese Communist Party (CCP) has attempted to redefine it for their country. Despite the CCP's Document 9 arguing that Western values have corrupted many people's understanding of the rule of law, the CCP has simultaneously endorsed governing the country in accordance with the rule of law.
These factors likely suggest that the CCP is creating a rule of law with Chinese characteristics, which may simply entail modifying the Western notion of rule of law to best match China's unique political, social, and historical conditions. As Document 9 suggests, the CCP doesn't see judicial independence, separation of power, or constitutional forms of governance as defined by Western society, to suit China's unique form of governance.
This unique version of rule of law with Chinese characteristics has led to different attempts to define China's method of governing the country by rule of law domestically and internationally.
In Thailand, a kingdom that has had a constitution since the initial attempt to overthrow the absolute monarchy system in 1932, the rule of law has been more of a principle than actual practice. Ancient prejudices and political bias have been present in the three branches of government with each of their foundings, and justice has been processed formally according to the law but in fact more closely aligned with royalist principles that are still advocated in the 21st century.
In November 2013, Thailand faced still further threats to the rule of law when the executive branch rejected a supreme court decision over how to select senators.
In India, the longest constitutional text in the history of the world has governed that country since 1950. The Constitution of India is intended to limit the opportunity for governmental discretion and the judiciary uses judicial review to uphold the Constitution, especially the Fundamental Rights.
Although some people have criticized the Indian judiciary for its judicial activism, others believe such actions are needed to safeguard the rule of law based on the Constitution as well as to preserve judicial independence, an important part of the basic structure doctrine.
Japan had centuries of tradition prior to World War II, during which there were laws, but they did not provide a central organizing principle for society, and they did not constrain the powers of government (Boadi, 2001).
As the 21st century began, the percentage of people who were lawyers and judges in Japan remained very low relative to western Europe and the United States, and legislation in Japan tended to be terse and general, leaving much discretion in the hands of bureaucrats.
Organizations
Various organizations are involved in promoting the rule of law:
EU Commission:
The rule of law is enshrined in Article 2 of the Treaty on European Union as one of the common values for all Member States. Under the rule of law, all public powers always act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts.
The rule of law includes principles such as legality, implying a transparent, accountable, democratic and pluralistic process for enacting laws:
- legal certainty;
- prohibiting the arbitrary exercise of executive power;
- effective judicial protection by independent and impartial courts, effective judicial review including respect for fundamental rights;
- separation of powers; and equality before the law.
These principles have been recognised by the European Court of Justice and the European Court of Human Rights. In addition, the Council of Europe has developed standards and issued opinions and recommendations which provide well-established guidance to promote and uphold the rule of law.
The Council of Europe:
The Statute of the Council of Europe characterizes the rule of law as one of the core principles which the establishment of the organization based on. The paragraph 3 of the preamble of the Statute of the Council of Europe states: "Reaffirming their devotion to the spiritual and moral values which are the common heritage of their peoples and the true source of individual freedom, political liberty and the rule of law, principles which form the basis of all genuine democracy."
The Statute lays the compliance with the rule of law principles as a condition for the European states to be a full member of the organization.
International Commission of Jurists:
In 1959, an event took place in New Delhi and speaking as the International Commission of Jurists, made a declaration as to the fundamental principle of the rule of law. The event consisted of over 185 judges, lawyers, and law professors from 53 countries.
This later became known as the Declaration of Delhi. During the declaration they declared what the rule of law implied. They included certain rights and freedoms, an independent judiciary and social, economic and cultural conditions conducive to human dignity.
The one aspect not included in The Declaration of Delhi, was for rule of law requiring legislative power to be subject to judicial review.
United Nations:
The Secretary-General of the United Nations defines the rule of law as a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.
It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.
The General Assembly has considered rule of law an agenda item since 1992, with renewed interest since 2006 and has adopted resolutions at its last three sessions.
The Security Council has held a number of thematic debates on the rule of law, and adopted resolutions emphasizing the importance of these issues in the context of women, peace and security, children in armed conflict, and the protection of civilians in armed conflict.
The Peacebuilding Commission has also regularly addressed rule of law issues with respect to countries on its agenda.
The Vienna Declaration and Programme of Action also requires the rule of law be included in human rights education.
Additionally, the Sustainable Development Goal 16, a component of the 2030 Agenda is aimed at promoting the rule of law at national and international levels.
In Our Common Agenda, the United Nations Secretary General wrote in paragraph 23: "In support of efforts to put people at the center of justice systems, I will promote a new vision for the rule of law, building on Sustainable Development Goal 16 and the 2012 Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Levels (see resolution 67/1)."
International Bar Association:
The Council of the International Bar Association passed a resolution in 2009 endorsing a substantive or "thick" definition of the rule of law:
- An independent, impartial judiciary;
- the presumption of innocence;
- the right to a fair and public trial without undue delay;
- a rational and proportionate approach to punishment;
- a strong and independent legal profession;
- strict protection of confidential communications between lawyer and client;
- equality of all before the law;
The above are all fundamental principles of the Rule of Law. Accordingly, arbitrary arrests; secret trials; indefinite detention without trial; cruel or degrading treatment or punishment; intimidation or corruption in the electoral process, are all unacceptable.
The Rule of Law is the foundation of a civilised society. It establishes a transparent process accessible and equal to all. It ensures adherence to principles that both liberate and protect.
The IBA calls upon all countries to respect these fundamental principles. It also calls upon its members to speak out in support of the Rule of Law within their respective communities.
International Development Law Organization:
The International Development Law Organization (IDLO) is an intergovernmental organization with a joint focus on the promotion of rule of law and development. It works to empower people and communities to claim their rights, and provides governments with the know-how to realize them.
It supports emerging economies and middle-income countries to strengthen their legal capacity and rule of law framework for sustainable development and economic opportunity. It is the only intergovernmental organization with an exclusive mandate to promote the rule of law and has experience working in more than 90 countries around the world.
The International Development Law Organization has a holistic definition of the rule of law:
More than a matter of due process, the rule of law is an enabler of justice and development.
The three notions are interdependent; when realized, they are mutually reinforcing. For IDLO, as much as a question of laws and procedure, the rule of law is a culture and daily practice. It is inseparable from equality, from access to justice and education, from access to health and the protection of the most vulnerable. It is crucial for the viability of communities and nations, and for the environment that sustains them.
IDLO is headquartered in Rome and has a branch office in The Hague and has Permanent Observer Status at the United Nations General Assembly in New York City.
International Network to Promote the Rule of Law:
The International Network to Promote the Rule of Law (INPROL) is a network of over 3,000 law practitioners from 120 countries and 300 organizations working on rule of law issues in post-conflict and developing countries from a policy, practice and research perspective.
INPROL is based at the US Institute of Peace (USIP) in partnership with:
- the US Department of State Bureau of International Narcotics and Law Enforcement,
- the Organization for Security and Cooperation in Europe (OSCE)
- Strategic Police Matters Unit,
- the Center of Excellence for Police Stability Unit,
- and William and Marry School of Law in the United States.
Its affiliate organizations include:
- the United Nations Office on Drugs and Crime,
- Folke Bernadotte Academy,
- International Bar Association,
- International Association of Chiefs of Police,
- International Association of Women Police,
- International Corrections and Prisons Association,
- International Association for Court Administration,
- International Security Sector Advisory Team at the Geneva Centre for the Democratic Control of Armed Forces,
- Worldwide Association of Women Forensic Experts (WAWFE),
- and International Institute for Law and Human Rights.
INPROL provides an online forum for the exchange of information about best practices. Members may post questions, and expect a response from their fellow rule of law practitioners worldwide on their experiences in addressing rule of law issues.
In relation to economics:
One important aspect of the rule-of-law initiatives is the study and analysis of the rule of law's impact on economic development. The rule-of-law movement cannot be fully successful in transitional and developing countries without an answer to the question: does the rule of law matter to economic development or not?
Constitutional economics is the study of the compatibility of economic and financial decisions within existing constitutional law frameworks, and such a framework includes government spending on the judiciary, which, in many transitional and developing countries, is completely controlled by the executive. It is useful to distinguish between the two methods of corruption of the judiciary: corruption by the executive branch, in contrast to corruption by private actors.
The standards of constitutional economics can be used during annual budget process, and if that budget planning is transparent then the rule of law may benefit. The availability of an effective court system, to be used by the civil society in situations of unfair government spending and executive impoundment of previously authorized appropriations, is a key element for the success of the rule-of-law endeavor.
The Rule of Law is especially important as an influence on the economic development in developing and transitional countries. To date, the term "rule of law" has been used primarily in the English-speaking countries, and it is not yet fully clarified even with regard to such well-established democracies as, for instance, Sweden, Denmark, France, Germany, or Japan.
A common language between lawyers of common law and civil law countries as well as between legal communities of developed and developing countries is critically important for research of links between the rule of law and real economy.
The economist F. A. Hayek analyzed how the rule of law might be beneficial to the free market. Hayek proposed that under the rule of law, individuals would be able to make wise investments and future plans with some confidence in a successful return on investment when he stated: "under the Rule of Law the government is prevented from stultifying individual efforts by ad hoc action.
Within the known rules of the game the individual is free to pursue his personal ends and desires, certain that the powers of government will not be used deliberately to frustrate his efforts."
Studies have shown that weak rule of law (for example, discretionary regulatory enforcement) discourages investment. Economists have found, for example, that a rise in discretionary regulatory enforcement caused US firms to abandon international investments.
In relation to culture:
The Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments or Roerich Pact is an inter-American treaty. The most important idea of the Roerich Pact is the legal recognition that the defense of cultural objects is more important than the use or destruction of that culture for military purposes, and the protection of culture always has precedence over any military necessity.
The Roerich Pact signed on 15 April 1935, by the representatives of 21 American states in the Oval Office of the White House (Washington, DC). It was the first international treaty signed in the Oval Office.
The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict is the first international treaty that focuses on the protection of cultural property in armed conflict. It was signed at The Hague, Netherlands on 14 May 1954 and entered into force on 7 August 1956. As of June 2017, it has been ratified by 128 states.
The rule of law can be hampered when there is a disconnect between legal and popular consensus. An example is intellectual property. Under the auspices of the World Intellectual Property Organization, nominally strong copyright laws have been implemented throughout most of the world; but because the attitude of much of the population does not conform to these laws, a rebellion against ownership rights has manifested in rampant piracy, including an increase in peer-to-peer file sharing.
Similarly, in Russia, tax evasion is common and a person who admits he does not pay taxes is not judged or criticized by his colleagues and friends, because the tax system is viewed as unreasonable. Bribery likewise has different normative implications across cultures.
In relation to education:
Education has an important role in promoting the rule of law (RoL) and a culture of lawfulness. In essence, it provides an important protective function by strengthening learners' abilities to face and overcome difficult life situations. Young people can be important contributors to a culture of lawfulness, and governments can provide educational support that nurtures positive values and attitudes in future generations.
Through education, learners are expected to acquire and develop the cognitive, socio-emotional and behavioural experiences and skills they need to develop into constructive and responsible contributors to society. Education also plays a key role in transmitting and sustaining socio-cultural norms and ensuring their continued evolution.
Through formal education, children and youth are socialized to adopt certain values, behaviours, attitudes and roles that form their personal and social identity and guide them in their daily choices.
As they develop, children and youth also develop the capacity to reflect critically on norms, and to shape new norms that reflect contemporary conditions. As such, education for justice promotes and upholds the principle of the RoL by:
- Encouraging learners to value, and apply, the principles of the RoL in their daily lives, and;
- Equipping learners with the appropriate knowledge, values, attitudes, and behaviours they need to contribute to its continued improvement and regeneration in society more broadly. This can be reflected, for instance, in the way learners demand greater transparency in, or accountability of, public institutions, as well as through the everyday decisions that learners take as ethically responsible and engaged citizens, family members, workers, employers, friends, and consumers etc.
Global Citizenship Education (GCE) is built on a lifelong learning perspective. It is not only for children and youth but also for adults. It can be delivered in formal, non-formal and informal settings. For this reason, GCE is part and parcel of the Sustainable Development Goal 4 on Education (SDG4, Target 4.7). A competency framework based on a vision of learning covers three domains to create a well-rounded learning experience: Cognitive, Socio-Emotional and Behavioural.
Educational policies and programmes can support the personal and societal transformations that are needed to promote and uphold the RoL by:
- Ensuring the development and acquisition of key knowledge, values, attitudes and behaviours.
- Addressing the real learning needs and dilemmas of young people.
- Supporting positive behaviours.
- Ensuring the principles of the RoL are applied by all learning institutions and in all learning environments.
See also:
- Consent of the governed – Consent as source of political legitimacy
- Constitutional liberalism – Form of government
- Due process – Requirement that courts respect all legal rights owed to people
- Equality before the law – Judicial principle
- Habeas corpus – Court action challenging unlawful detention
- International Network to Promote the Rule of Law
- Judicial activism – Controversial judicial practice, particularly in the United States
- Legal certainty – Legal principle
- Legal doctrine – Set of rules or procedures through which judgements can be determined in a legal case
- Liberal international order – International system established after World War II
- Minority rights – Rights of members of minority groups
- Nuremberg principles – Guidelines for determining what constitutes a war crime
- Ochlocracy – Democracy spoiled by demagoguery and the rule of passion over reason (mob rule)
- Philosophy of law – Branch of philosophy examining the nature of law
- Public interest law – Legal practices undertaken to help poor or marginalized people
- Rechtsstaat – Continental European legal doctrine
- Rule of man
- Separation of powers – Division of a state's government into branches
- Social contract – Concept in political philosophy
- Sovereign immunity – Legal doctrine
By jurisdiction:
- Rule of law doctrine in Singapore – Law doctrine in Singapore
- Three Supremes, policy by which law is made subordinate to interests of the Chinese Communist Party
- Thomas Bingham, Baron Bingham of Cornhill – British judge (1933–2010)
- A. V. Dicey – British jurist and constitutional theorist (1835–1922)
- Joseph Raz – Israeli philosopher (1939–2022)
World Justice Project:
The World Justice Project (WJP) is an international civil society organization with the stated mission of "working to advance the rule of law around the world" (see above)
It produces the World Justice Project Rule of Law Index, a quantitative assessment tool that shows the extent to which countries adhere to the rule of law in practice.
WJP's major activity is the World Justice Forum, a global gathering at which prominent leaders from all parts of the world and a variety of disciplines come together to articulate how the rule of law affects their disciplines and regions and to develop collaborative actions to strengthen the rule of law.
WJP was founded by William H. Neukom and William C. Hubbard in 2006 as a presidential initiative of the American Bar Association and with the support of 21 partners.
The World Justice Project became an independent 501(c)(3) non-profit organization in 2009.
WJP Rule of Law Index
The World Justice Project Rule of Law Index is a quantitative assessment tool designed to offer a detailed and comprehensive picture of the extent to which countries adhere to the rule of law in practice.
The Index provides data on eight dimensions of the rule of law: limited government powers; absence of corruption; order and security; fundamental rights; open government; regulatory enforcement; civil justice; and criminal justice. These factors are further disaggregated into forty-four indicators. Together, they provide a comprehensive picture of rule of law compliance. The index is typically published annually.
The World Justice Project defines the rule of law system as one in which the following four universal principles are upheld:
- The government and its officials and agents are accountable under the law.
- The laws are clear, publicized, stable and fair, and protect fundamental rights, including the security of persons and property.
- The process by which the laws are enacted, administered, and enforced is accessible, efficient, and fair.
- Justice is delivered by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.
The Index rankings and scores are built from over 400 variables drawn from two new data sources:
(i) a general population poll (GPP), designed by the WJP and conducted by leading local polling companies using a probability sample of 1,000 respondents in the three largest cities of each country;
and (ii) a qualified respondents' questionnaire (QRQ) completed by in-country experts in civil and commercial law, criminal law, labor law, and public health. To date, over 97,000 people and 2,500 experts have been interviewed in 99 countries and jurisdictions.
Adherence to the rule of law is assessed using 47 indicators organized around eight themes: constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice.
In addition to country scores and rankings, the Index also includes key global findings as well as an analysis of regional strengths, rule of law challenges, best and worst performers, and trends to watch. Data from the WJP Rule of Law Index is used as an indicator of political and legal freedom in the Basel AML Index, a money laundering risk assessment tool developed by the Basel Institute on Governance.
WJP Rule of Law Index 2022:
The top 30 countries for the rule of law according to WJP in 2022 are as follows (Click on image below for a better view):
Activities:
World Justice Challenge:
The World Justice Challenge is an open competition designed to incubate practical, on-the-ground programs that advance the rule of law.
World Justice Forum:
The WJP hosts the World Justice Forum, as well as other workshops. The overall purpose of the Forum is to incubate informed and practical action-oriented programs designed and executed by multi-disciplinary groups in their respective communities.
Informed by keynote speeches, Rule of Law Index results, and other presentations, participants meet in disciplinary and regional breakout sessions to develop such programs.
The Forum calls on participants to develop and commit to specific follow-up activities. Forums held so far have launched a process through which leaders from various fields of endeavor are implementing programs involving multiple disciplines to strengthen the rule of law.
Forum participants work in breakout sessions organized both by discipline and geographic regions and have developed 89 programs with accompanying action plans to strengthen the rule of law in communities, countries and regions around the world.
World Justice Forum I:
Following outreach meetings on five continents in 2007 and 2008 involving disciplinary leaders from 71 countries, the World Justice Project held its first World Justice Forum on July 2–5, 2008, in Vienna, Austria. The three-day Forum brought together more than 450 governmental and non-governmental leaders from 83 nations from throughout Asia and the Pacific, Africa, the Middle East, Europe, Latin America and the Caribbean, and North America. The WJP's Roderick B. Mathews Opportunity Fund was unveiled at the 2008 Forum.
World Justice Forum II:
The World Justice Forum II took place November 11–14, 2009, in Vienna, Austria. There were 312 participants from 84 countries, representing a wide range of disciplines, including the arts, business, education, environment, faith, human rights, international development, military, public health, and science.
Discussion on the first round of the Opportunity Fund seed grant program also took place. The forum aimed "to stimulate multidisciplinary collaborations to strengthen the rule of law, build new partnerships, and identify best practices for dissemination and replication".
World Justice Forum III:
The World Justice Forum III, held from June 20–23, 2011, in Barcelona, Spain, hosted more than 400 leaders from more than 100 countries. During Forum III, participants designed nearly 50 new, innovative multidisciplinary projects to strengthen the rule of law around the world. Attendees included:
The WJP Rule of Law Index 2011 report was presented at the forum, and issues covered in panels and workshops included the rule of law with relation to: economic development; fair elections; the environment and public health; and freedom of the press and access to information.
The inaugural World Justice Project Rule of Law Award was awarded to:
World Justice Forum IV:
The World Justice Forum IV took place July 8–11, 2013, in The Hague, Netherlands. There were 550 participants from more than 100 countries, including:
Manny Ansar, former manager of Tuareg music group Tinariwen founder of the Festival au Désert in Mali, also spoke at the event.
World Justice Forum V:
The World Justice Forum V was held in The Hague, July 10–13, 2017, with over 300 participants from over 76 countries.
World Justice Forum 2019 (VI):
The World Justice Forum 2019 committed a day to a topic:
World Justice Forum 2022:
The World Justice Forum 2022 took place from May 30 to June 3, 2022, both in person in The Hague and online. Much of the discussion was focused on the world's recovery from the COVID-19 pandemic, after the pandemic had exacerbated the lack of justice and good governance for all, and caused the rule of law to deteriorate globally.
World Justice Challenge:
The World Justice Challenge is a global competition to recognize and promote good practices, high-impact projects, and policies that protect and advance the rule of law. WJP has administered the awards in 2019, 2021, and 2022.
Personnel:
The World Justice Project's board of directors has included:
The World Justice Project has had the following board officers:
See also:
Activities:
World Justice Challenge:
The World Justice Challenge is an open competition designed to incubate practical, on-the-ground programs that advance the rule of law.
World Justice Forum:
The WJP hosts the World Justice Forum, as well as other workshops. The overall purpose of the Forum is to incubate informed and practical action-oriented programs designed and executed by multi-disciplinary groups in their respective communities.
Informed by keynote speeches, Rule of Law Index results, and other presentations, participants meet in disciplinary and regional breakout sessions to develop such programs.
The Forum calls on participants to develop and commit to specific follow-up activities. Forums held so far have launched a process through which leaders from various fields of endeavor are implementing programs involving multiple disciplines to strengthen the rule of law.
Forum participants work in breakout sessions organized both by discipline and geographic regions and have developed 89 programs with accompanying action plans to strengthen the rule of law in communities, countries and regions around the world.
World Justice Forum I:
Following outreach meetings on five continents in 2007 and 2008 involving disciplinary leaders from 71 countries, the World Justice Project held its first World Justice Forum on July 2–5, 2008, in Vienna, Austria. The three-day Forum brought together more than 450 governmental and non-governmental leaders from 83 nations from throughout Asia and the Pacific, Africa, the Middle East, Europe, Latin America and the Caribbean, and North America. The WJP's Roderick B. Mathews Opportunity Fund was unveiled at the 2008 Forum.
World Justice Forum II:
The World Justice Forum II took place November 11–14, 2009, in Vienna, Austria. There were 312 participants from 84 countries, representing a wide range of disciplines, including the arts, business, education, environment, faith, human rights, international development, military, public health, and science.
Discussion on the first round of the Opportunity Fund seed grant program also took place. The forum aimed "to stimulate multidisciplinary collaborations to strengthen the rule of law, build new partnerships, and identify best practices for dissemination and replication".
World Justice Forum III:
The World Justice Forum III, held from June 20–23, 2011, in Barcelona, Spain, hosted more than 400 leaders from more than 100 countries. During Forum III, participants designed nearly 50 new, innovative multidisciplinary projects to strengthen the rule of law around the world. Attendees included:
- Morgan Tsvangirai, Prime Minister of Zimbabwe;
- Bill Gates Sr., Co-Chair of the Bill & Melinda Gates Foundation;
- Cherie Blair, Co-Founder of the Africa Justice Foundation;
- and Adama Dieng, Assistant Secretary-General of the United Nations.
The WJP Rule of Law Index 2011 report was presented at the forum, and issues covered in panels and workshops included the rule of law with relation to: economic development; fair elections; the environment and public health; and freedom of the press and access to information.
The inaugural World Justice Project Rule of Law Award was awarded to:
- Justice Arthur Chaskalson, former Chief Justice of South Africa
- Aruna Roy, whose efforts through her organization Mazdoor Kisan Shakti Sangathan led to the enactment India's Right to Information Act.
World Justice Forum IV:
The World Justice Forum IV took place July 8–11, 2013, in The Hague, Netherlands. There were 550 participants from more than 100 countries, including:
- U.S. Supreme Court Justices Ruth Bader Ginsburg and Anthony Kennedy,
- Anglican Archbishop of Cape Town Thabo Makgoba,
- UK Supreme Court Justice Robert Carnwath,
- Lord Carnwath of Notting Hill,
- and via video, artist Ai Weiwei.
Manny Ansar, former manager of Tuareg music group Tinariwen founder of the Festival au Désert in Mali, also spoke at the event.
World Justice Forum V:
The World Justice Forum V was held in The Hague, July 10–13, 2017, with over 300 participants from over 76 countries.
World Justice Forum 2019 (VI):
The World Justice Forum 2019 committed a day to a topic:
- Day one "Defined the Opportunity" for the justice movement in 2019 and beyond;
- on day two, the program "Showcased What Works";
- on the third day, discussions centred on "Building the Movement";
- and on the last day, the topic was "Commitments to Justice".
World Justice Forum 2022:
The World Justice Forum 2022 took place from May 30 to June 3, 2022, both in person in The Hague and online. Much of the discussion was focused on the world's recovery from the COVID-19 pandemic, after the pandemic had exacerbated the lack of justice and good governance for all, and caused the rule of law to deteriorate globally.
World Justice Challenge:
The World Justice Challenge is a global competition to recognize and promote good practices, high-impact projects, and policies that protect and advance the rule of law. WJP has administered the awards in 2019, 2021, and 2022.
Personnel:
The World Justice Project's board of directors has included:
- Sheikha Abdulla Al-Misnad
- Emil Constantinescu
- Ashraf Ghani
- William C. Hubbard
- Suet-Fern Lee
- Mondli Makhanya
- William H. Neukom
- Ellen Gracie Northfleet
- James R. Silkenat
The World Justice Project has had the following board officers:
- William C. Hubbard, chair
- William H. Neukom, president and chief executive officer
- Deborah Enix-Ross, vice president
- Suzanne E. Gilbert, vice president
- James R. Silkenat, director and vice president
- Lawrence B. Bailey, secretary and treasurer
- Gerold W. Libby, general counsel
See also: