Our Enemies in Blue

Notes: Chapter 3

The Genesis of a Policed Society

  1. Robert M. Fogelson, Big-City Police (Cambridge, MA: Harvard University Press, 1977), 17.
  2. Jane's Addiction, "1 percent," Jane's Addiction (Triple X, 1987).
  3. They continue: "[A] specific (as opposed to general) inducement is one that can be offered to one person while being withheld from others. A material inducement is money or some other physical 'thing' to which value attaches. Nonmaterial inducements include especially the satisfaction of having power or prestige, doing good, the 'fun of the game,' the sense of enlarged participation in events and a pleasant environment. A machine, like any formal organization, offers a mixture of these various kinds of inducements in order to get people to do what it requires. But it is distinguished from other types of organization by the very heavy emphasis it places upon specific, material inducements and the consequent completeness and reliability of its control over behavior, which, of course, account for the name 'machine.'" Edward C. Banfleld and James Wilson, City Politics (Cambridge, MA: Harvard University Press and the M.I.T. Press, 1963), 115. Emphasis in original.
  4. Banfleld and Wilson, City Politics, 125.
  5. Banfleld and Wilson, City Politics, 116.
  6. Fogelson, Big-City Police, 30.
  7. Raymond B. Fosdick, American Police Systems (New York: The Century Company, 1920), 273-74.
  8. James F. Richardson, The New York Police: Colonial Times to 1901 (New York: Oxford University Press, 1970), 175-176.
  9. James F. Richardson, Urban Police in the United States (Port Washington, NY: National University (A Press, 1974), 48.
  10. Richardson, Urban Police, 57-58.
  11. Richardson, Urban Police, 63.
  12. Fosdick, American Police Systems, 101-102 and 105.
  13. Richardson, Urban Police, 58-59; Fosdick, American Police Systems, 69-70.
  14. Richardson, New Hirk Police, 228-229.
  15. Quoted in Richardson, New York Police, 230.
  16. Richardson, New ibrk Police, 229.
  17. Richardson, Urban Police, 36.
  18. Roger Lane, Policing the City: Boston 1822-1885 (Cambridge, MA: Harvard University Press, 1967), 15-17.
  19. Lane, Policing the City, 60.
  20. Lane, Policing the City, 77-80.
  21. Quoted in Lane, Policing the City, 80.
  22. Fogelson, Big-City Police, 18-21.
  23. Fogelson, Big-City Police, 32.
  24. Richardson, New York Police, 182.
  25. Richardson, Urban Police, 56.
  26. Quoted in William McAdoo, Guardinga Great City (New York: Harper 8c Brothers, 1906), 86.
  27. Richardson, Urban Police, 32-33.
  28. Fogelson, Big-City Police, 33-34.
  29. Richardson, New York Police, 189.
  30. Charles Tilly, "War Making and State Making as Organized Crime," in Bringing the State Back, Peter B. Evans et al (Cambridge: Cambridge University Press, 1994), 170-171.
  31. What is property? Proudhon asked. And his answer, somewhat paradoxically: Property is theft. What is government? we ask ourselves now. And again a paradox comes in reply: Government is crime. For more of his famous argument, see Pierre-Joseph Proudhon, What Is Property? (New York: H. Fertig, 1966).
  32. Tilly, "War Making," 172.
  33. Tilly, "War Making," 181.
  34. Ibid.
  35. Allen Steinberg, The Transformation of Criminal Justice: Philadelphia, 1800-1880 (Chapel Hill: University of North Carolina Press, 1989), 137.
  36. Steinberg, Transformation of Criminal Justice, 136.
  37. Steinherg, Transformation of Criminal Justice, 136.
  38. Steinberg, Transformation of Criminal Justice, 145-146.
  39. Steinberg, Transformation of Criminal Justice, 148-149.
  40. Quoted in Steinberg, Transformation of Criminal Justice, 149.
  41. Quoted in Steinberg, Transformation of Criminal Justice, 151.
  42. Steinberg, Transformation of Criminal Justice, 151.
  43. Richardson, Urban Police, 25.
  44. Steinberg, Transformation of Criminal Justice, 166.
  45. "On the whole consolidation was, in many ways, illusory. Its success depended in large part on the acquiescence of the same politicians whose activities it had been designed to control.... The procedures of ward politics intensified with the rise ofa citywide political machine. As a result, the police became closely tied to both the existing structure of primary justice and the new structure of urban politics." Steinberg, Transformation of Criminal Justice, 171.
  46. Tilly, "War Making," 174-175.
  47. Tilly, "War Making," 174. This was not the only path to state-formation, nor does Tilly pretend that it was. See also: Charles Tilly, Coercion, Capital, and European States, AD 990-1990 (Cambridge, MA: Basil Blackwell, 1990). But neither was the Tudor experience unique. Between 1620 and 1680 the French state developed along similar lines, beginning with Richelieu. Tilly, "War Making," 174.
  48. The classic political machines were withering by the middle of the twentieth century, with Chicago offering one of the few examples to survive into the 1960s. But even without the machines, corruption continued to be a pervasive feature of police departments across the country. Fogelson, Big-City Police, 167-168 and 172. William Chambliss describes his findings: "In my research on organized crime in Seattle, Washington, I discovered a symbiotic relationship between organized crime and the police that made it impossible to differentiate between them. Law enforcement officers, from street patrolmen to police chiefs to members of the prosecuting attorney‘s office, not only accepted payoffs from people who organized illegal gambling, prostitution, and drug sales, but the police and prosecutors were instrumental in organizing and managing these activities. Seattle is not the exception, it is the rule." William Chambliss, Power, Politics, and Crime (Boulder, CO: Westview Press, 1999), 156. The mid- and late-1990s saw a wave of corruption scandals, most notably in Los Angeles, Miami, Philadelphia, Chicago, and New Orleans but also in smaller cities like Rochester and Cleveland. Officers were convicted of charges relating to brutality, theft, planting evidence, drug trafficking, extortion, and murder. See, for example: Amnesty International USA, United States of America: Rights for All (New York: Amnesty International, 1998), 23; Human Rights Watch, Shielded from Justice: Police Brutality and Accountability in the United States (New York: Human Rights Watch, 1998), 36, 164-165, 259-260: and Chambliss, Power. Politics, and Crime, 136-37.
  49. Philadelphia followed the same path as London, where "in 1829 local officials helped transfer power to the centre, becoming consumers of a government service instead of providers." Elaine A. Reynolds, Hefore the Hobbies: The Night Watch and Police Reform in Metropolitan London, 1720-1830 (Stanford, CA: Stanford University Press, 1998), 6.
  50. "Because the police organization's structure cast its net over the whole city, an unintended consequence of the adaptation of the semi-military model of communication meant that the police ended up with access to and coordinating power over the city's daily operations not achieved until the twentieth century by other parts of the city government." Eric H. Monkkonen, Police in Urban America. 1860-1920 (Cambridge: Cambridge University Press, 1981), 159-160.
  51. Reynolds, BiforetheBo/Ibies, 21-22.
  52. Quoted in Selden Daskan Bacon, "The Early Development ofthe American Municipal Police: A Study of the Evolution of Formal Controls in a Changing Society, vol. 2," (PhD diss., Yale University, 1939, Ann Arbor: University Microfilms International [facsimile], 1986). 512.
  53. "[T]he task was increasing the certainty of detection and the difficulty of committing a crime." Reynolds, Before the Hobbies, 77.
  54. Both quoted in Reynolds. Hefore the Hobbies, 82.
  55. Reynolds, Hefore the Hobbies, 56.
  56. Quoted in Philip John Stead, The Police in Britain (New York: Macmillan, 1985), 40-41. Emphasis in original.
  57. Clive Emslev. The English Police: Political and Social History (London: Longman, 1991), 25 and 28; and Reynolds, Hefore the Hobbies, 158.
  58. Richardson, Urban Police, 32.
  59. Lane, Policing the City, 94.
  60. Fogelson, Big-City Police, 16.
  61. Lane, Policing the City, 221.
  62. The slow transfer of power from the wards to the central administration, which began with an attempt to secure the influence of the machine, was later pursued by reformers as a means of limiting the machine's power. This process will be described in detail in chapter 6.
  63. Bacon, "Early Development ofthe Modern Municipal Police, vol. 2,n 757, 761, and 767-777.
  64. Bacon, "Early Development ofthe Modern Municipal Police, vol. 2," 779-780.
  65. Cyril D. Robinson and Richard Scaglion, "The Origin and Evolution of the Police Function in Society: Notes Toward a Theory," Law and Society Review 21.1 (1987): 109. Parentheses in original.
  66. This process is detailed in chapter 2.
  67. "As long as the community was small there were sanctions more powerful than law, and when the law was invoked, the sheriffs, constables, and courts relied in practice on the initiative of the inhabitants in making complaints and swearing out warrants... But as the city developed, problems arose which the community was unable to meet in traditional fashion. The creation of a professional, preventive police was both a result and a cause ofthe inability of citizens to deal with these matters themselves." Lane, Policing the City, 221.
  68. Michael Stephen Hindus, Prison and Plantation: Crime, justice, and Authority in Massachusetts and South Carolina, 1768-1878 (Chapel Hill: University of North Carolina Press, 1980), xxv.
  69. See: Wilbur R, Miller, "Police Authority in London and New York City, 1830-1870," The Journal ofS ocial History (Winter 1975): 81-101. Miller does a thorough job identifying the most significant differences between the New York Municipal Police and the London Metropolitan Police.
  70. Richard Lundman, Police and Policing: An Introduction (New York: Holt, Rinehart, and Winston, 1980), 29.
  71. Lundman , Police and Policing, 29-30.
  72. John C. Schneider, Detroit and the Problem of Order, 1830-1880: A Geography of Crime, Riot, and Policing (Lincoln: University of Nebraska Press, 1980), 55.
  73. Quoted in Bacon, "Early Development of the Modern Municipal Police, vol. 2," 783.
  74. Hindus, Prison and Plantation, 58; and Roger Lane, "Crime and Criminal Statistics in Nineteenth-Century Massachusetts," The Journal of Social History (Winter 1968): 162-163. Michael Hindus notes: "Drunkards were the refuse of society not simply because of their drinking habits, but rather due to their working habits, or lack of same." Hindus, Prison and Plantation, 120. Moreover, some employers felt they had a legitimate business interest in controlling the habits of the people who worked for them. They blamed alcohol for making workers immoral, lethargic, unhealthy, unproductive, unreliable, careless, undisciplined, and - some said - radical. One steel magnate reasoned "today's drinker and debaucher is tomorrow's striker for higher wages." Quoted in Sidney Harring, Policing a Class Society: The Experience ofAmerican Cities, 1865-1915 (New Brunswick, NJ: Rutgers University Press, 1983), 152. For the classic discussion on the relationship between Protestantism and capitalism, see: Max Weber, The Protestant Ethic and the Spirit of Capitalism (London: Allen and Unwin, 1930).
  75. "Assembly-line justice, with its tendency not simply toward efficiency, but to ruthlessness and railroading as well, was appropriate to the class-control function of many criminal prosecutions in Massachusetts. To the extent that defendants were seen as members ofa deviant or dangerous class, they lost their individuality. For the offenses that characterized class-control types of prosecutions for drunkenness, riot, petty theft-error was permissible; value inculcation was the objective. Defendants seemed almost interchangeable." Hindus, Prison and Plantation, 124. Meanwhile, other forms of social control were being experimented with, especially education and the prohibition of alcohol. These too had the aim of imposing values on the poor. In a sense, they represented efforts to reform them in advance. Hindus, Prison and thntation, 237.
  76. Hindus, Prison and Plantation, 126.
  77. Hindus, Prison and Plantation, 127.
  78. "[T]he newer sources of wealth turned toward a bureaucratic police system that insulated them from popular violence, drew attack and animosity upon itself, and seemed to separate the assertion of (constitutional, authority from that of social and economic dominance." Allan Silver, "The Demand for Order in Civil Society: A Review of Some Themes in the History of Urban Crime, Police, and Riot," in The Police: Six Sociological Essays, ed. David Bordua (New York: John Wiley and Sons, 1976), 11-12.
  79. Schneider, Detroit, 54.
  80. Monkkonen, Police in Urban America, 50.
  81. Lundman, Police and Policing, 31.
  82. Monkkonen, Police in Urban America, 50-51. In eighteenth-century England, for example, rising crime led to harsher penalties. Reynolds, Bqflzre the Bohhies, 68.
  83. Bacon, "Early Development ofthe Modern Municipal Police, vol. 2," 455.
  84. Lane, "Crime and Criminal Statistics," 157. Lane bases this conclusion on an examination of lower court cases, jail sentences, grand jury proceedings, and prison records.
  85. Lane, Policing the City, 19.
  86. Richardson, Urban Police, 79-80.
  87. Lane, "Crime and Criminal Statistics," 158-159.
  88. Lane, "Crime and Criminal Statistics," 160; and Monkkonen, Police in Urban America, 103.
  89. Sidney Harring wryly notes: "The criminologist's definition of 'public order crimes' comes perilously close to the historian's description of 'working-class leisure-time activity.'" Harring, Policinga Class Society, 198.
  90. Monkkonen, Police in Urban America, 103. "Private citizens may initiate the processes of justice when injured directly, but professionals are usually required to deal with those whose merely immoral or distasteful behavior hurts no one in particular. It takes real cops to make drunk arrests." Lane, "Crime and Criminal Statistics," 160.
  91. Lane, "Crime and Criminal Statistics," 222 and 161.
  92. Richardson, Urban Police, 79-80.
  93. Harring, Policinga Class Society, 40.
  94. "Although the problems of the streets - the fights, the crowds, the crime, the children - were nothing new, the 'problem' itself represented altered bourgeois perceptions and a broadened political initiative. An area of social life that had been taken for granted, an accepted feature of city life, became visible, subject to scrutiny and intervention." Christine Stansell, City of Women: Sex and Class in New York, 1789-1869 (Urbana: University ofIllinois Press, 1987), 197.
  95. Stansell, City ofWomen, 172-173.
  96. Stansell, City ofW/omen, 173-174 and 276-277.
  97. Lane, "Crime and Criminal Statistics," 160.
  98. Stansell, City ofWomen, 194-195.
  99. Silver, "Demand for Order," 21; and Lane, Policing the City, 223.
  100. Stephanie Coontz, The Social Origins of Private A History of American Families, 1600-1900 (London: Verso, 1991), 222.
  101. Coontz, Social Origins, 222.
  102. Richardson, Urban Police, 30.
  103. Lane, Policing the City, 173.
  104. Steinberg, Transformation of Criminal Justice, 152.
  105. Monkkonen, Police in Urban America, 41.
  106. For example: Douglas Greenberg, Crime and Law Enforcement in the Colony of New York 1691-1776 (Ithaca, NY: Cornell University Press, 1976); Lane, Policing the City, Richardson, New York Police: Dennis (i. Rousey, Policing the Southern City: New Orleans, 1805-1889 (Baton Rouge: Louisiana State University Press, 1996); Schneider, Detroit; and Steinberg, Transformation of Criminal justice.
  107. Monkkonen. Police in Urban America, 49.
  108. Monkkonen, Police in Urban America, 42.
  109. Richardson, Urban Police, 3.
  110. Sally E. Hadden, Slat/e Patrols: Law and Violence in Virginia and the Carolinas (Cambridge, MA: Harvard University Press, 2001), 24 and 54.
  111. Lundman, Police and Policing, 21.
  112. Richardson, Urban Police, 4.
  113. Lane, Policing the City, 119.
  114. Richardson, Urban Police, xi.
  115. Quoted in Richardson, Urban Police, 27.
  116. Bacon, "Early Development of the Modern Municipal Police, vol. 2," 487 and 538.
  117. Reynolds, Before the Bobbies, 162.
  118. Bacon, "Early Development of the Modern Municipal Police, vol. 2," 782-783.
  119. Indeed, Fosdick suggests that the process of endless adaptation proved an impediment to progress. "The history of the development of American police organization presents one characteristic of outstanding prominence: the machinery of management and control has been subjected to endless experiment and modification. Change rather than stability has marked its course. With the exception of one or two cities, no carefully thought out plan of supervision has been fixed upon and maintained as a type most likely to meet legitimate demands for years to come. Instead, American cities, as if in a panic, have rushed from one device to another, allowing little or no time for the experiment last installed to prove itself..." Fosdick, American Police Systems, 109-110.
  120. Bacon, "Early Development of the Modern Municipal Police, vol. 2," 781-782.
  121. Richardson, Urban Police, x.
  122. David H. Bayley, "The Development of Modern Policing," in Policing Perspectives: An Anthology, eds. Larry K Gaines and Gary W Cordner (Los Angeles: Roxbury Publishing, 1999), 60.
  123. Bayley, "Development ofModern Policing," 66-67.
  124. This analysis should not be read to imply that all those who suffered from violence were actively resisting the authority that mobilized it. From the perspective of power, it makes little difference if the particular victims are engaged in resistance or not. The use or threat of force (especially at excess) sends a message to those who do oppose, or might come to oppose, the perpetrators. Violence demonstrates the power of the authorities and the danger of any potential opposition. In such cases, the use of violence is not only instrumental, but also communicative.
  125. Roger Lane describes the idea that cities produce crime as an "anti-urban myth," arguing instead that "the growth of cities had a literally 'civilizing' effect on the population..." Lane, "Crime and Criminal Statistics," 156 and 157.
  126. Lane, Policing the City, 84.
  127. "The enforcement of criminal law, in the early nineteenth century, was still the responsibility of aggrieved citizens, or of the sheriffs, courts, and constables created by the commonwealth. Much of it was in fact ignored, and an attempt to apply it could be politically disruptive as well as physically dangerous." Lane, Policing the City, 220-221.
  128. Silver, "Demand for Order," 8.
  129. Silver, "Demand for Order," 12-13.