The Origins, Legislative and Racial History of Law Enforcement in the United States
Reeves and Shires
Hundreds of years ago, the Kingdom of England was broken down into a number of what were called "shires", later renamed to "counties". Each shire would elect their own special person to carry out duties on behalf of the crown, such as serve orders, enforce rules and regulations, or collect taxes. These people were called "reeves". Over time the words "shire" and "reeve" would come together to become "sheriff". The sheriff was important to the Crown, but so powerful that when King John of England was forced to sign the Magna Carta in 1215, twenty-seven of its sixty-three clauses had to do with limiting their powers. Once elected, a sheriff can deputize others, who then become sheriff deputies and they in turn would form posses to fight crime.
The sheriff would use local militias at times to help keep the piece, though they were often routy and hard to control. A sheriff's jurisdiction is within the county in which they were elected.
Hundreds of years ago, the Kingdom of England was broken down into a number of what were called "shires", later renamed to "counties". Each shire would elect their own special person to carry out duties on behalf of the crown, such as serve orders, enforce rules and regulations, or collect taxes. These people were called "reeves". Over time the words "shire" and "reeve" would come together to become "sheriff". The sheriff was important to the Crown, but so powerful that when King John of England was forced to sign the Magna Carta in 1215, twenty-seven of its sixty-three clauses had to do with limiting their powers. Once elected, a sheriff can deputize others, who then become sheriff deputies and they in turn would form posses to fight crime.
The sheriff would use local militias at times to help keep the piece, though they were often routy and hard to control. A sheriff's jurisdiction is within the county in which they were elected.
Slavery
The first "indentured servants" (slaves) came to Jamestown in 1607. "Indentured servitude" was allowed under the English's "Headright system", an agreement to provide seven years of free labor in return for a trip to the Americas and after the seven years was up, the "servant" was freed and given a plot of land to start their own farm. Yet, about half of the "servants" that arrived wouldn't survive in Virginia's climate and many that did would have their "servitude" extended for various reasons. England had been sending its orphans and unwanted poor to the Americas for only a short time, but soon some of them stopped being poor. They learned how to exploit others and made a lot of money bringing people over and working them to death, then passed that tradition to others.
The first "indentured servants" (slaves) came to Jamestown in 1607. "Indentured servitude" was allowed under the English's "Headright system", an agreement to provide seven years of free labor in return for a trip to the Americas and after the seven years was up, the "servant" was freed and given a plot of land to start their own farm. Yet, about half of the "servants" that arrived wouldn't survive in Virginia's climate and many that did would have their "servitude" extended for various reasons. England had been sending its orphans and unwanted poor to the Americas for only a short time, but soon some of them stopped being poor. They learned how to exploit others and made a lot of money bringing people over and working them to death, then passed that tradition to others.
The idea of the sheriff was also exported to the North American Eastern Seaboard, and the first sheriff was Captain William Stone who was appointed in 1634 to the Shire of Northampton, Virginia. Later, there was a landmark court case in 1655 called "Johnson vs. Parker" where two parties disputed whether an "indentured servant" named John Casor still belonged to Anthony Johnson, or was free to work for Robert Parker. The outcome affirmed that Casor did in fact belong to Johnson for life and it suddenly became safer to call "indentured servants" what they really were: slaves.
As an Independent Union
Outlawing Slavery in the North
The United States would officially gain its independence from England in 1783 with the Treaty of Paris, about seven years after the Second Continental Congress signed the Declaration of Independence. Twenty three years later in 1799, the state of New York decided to free slave children who were born after July 4th of that year.
19th Century
Ohio abolished slavery in 1802 and New Jersey gradually did so starting in 1804. When Thomas Jefferson bought the Louisiana Territory that same year though, tensions began to rise over whether or not the new territories would allow slavery. Thomas Jefferson called for criminalizing the slave trade in 1806 and factions soon emerged. By 1820, these factions in Congress compromised on the issue of slavery: In the new Louisiana territory, minus the future lands of Missouri on parallel 36°30′ south, slavery would be prohibited. In return, Maine would enter the Union as a free state. When Mexico gained their independence from Spain the following year, they decided to abolish slavery, but many slave owners living there got around this by declaring their slaves as “indentured servants”.
The United States would officially gain its independence from England in 1783 with the Treaty of Paris, about seven years after the Second Continental Congress signed the Declaration of Independence. Twenty three years later in 1799, the state of New York decided to free slave children who were born after July 4th of that year.
19th Century
Ohio abolished slavery in 1802 and New Jersey gradually did so starting in 1804. When Thomas Jefferson bought the Louisiana Territory that same year though, tensions began to rise over whether or not the new territories would allow slavery. Thomas Jefferson called for criminalizing the slave trade in 1806 and factions soon emerged. By 1820, these factions in Congress compromised on the issue of slavery: In the new Louisiana territory, minus the future lands of Missouri on parallel 36°30′ south, slavery would be prohibited. In return, Maine would enter the Union as a free state. When Mexico gained their independence from Spain the following year, they decided to abolish slavery, but many slave owners living there got around this by declaring their slaves as “indentured servants”.
The First Detectives
As populations swelled in the United States and the industrial revolution took hold in the northern states, it became more difficult for the sheriff and his deputies to keep order in a single county. As night watches began to spring up across the northern states, workers kept going on strike for higher pay and safer working conditions. Instead of negotiating with them, the factories would simply hire more workers, who would cross the picket lines to work. To protect the strike breakers, factories hired private police from a firm called the Pinkerton National Detective Agency to escort them to the factories.
Created in Chicago in 1850, the Pinkerton National Detective Agency (or the "Pinkertons") were one of the first private police agencies created and its creator, Allen Pinkerton would go on to lead Abraham Lincoln's private security on several occasions (excluding the night of his assassination, as the Secret Service had just been established earlier that day by Lincoln's pen, but not for Presidential or personal protection, but to combat money fraud). As they escorted strike breakers to their factories, the Pinkertons would often beat pro-union workers. The Pinkertons were also the first to use mugshots and would hold the largest collection of them.
As populations swelled in the United States and the industrial revolution took hold in the northern states, it became more difficult for the sheriff and his deputies to keep order in a single county. As night watches began to spring up across the northern states, workers kept going on strike for higher pay and safer working conditions. Instead of negotiating with them, the factories would simply hire more workers, who would cross the picket lines to work. To protect the strike breakers, factories hired private police from a firm called the Pinkerton National Detective Agency to escort them to the factories.
Created in Chicago in 1850, the Pinkerton National Detective Agency (or the "Pinkertons") were one of the first private police agencies created and its creator, Allen Pinkerton would go on to lead Abraham Lincoln's private security on several occasions (excluding the night of his assassination, as the Secret Service had just been established earlier that day by Lincoln's pen, but not for Presidential or personal protection, but to combat money fraud). As they escorted strike breakers to their factories, the Pinkertons would often beat pro-union workers. The Pinkertons were also the first to use mugshots and would hold the largest collection of them.
Mexican American War
From 1846 to 1848, the United States was at war with Mexico as a result of Texas' annexation with the US. By the end of that war, the United States gained what was known as the Alta California and Nueva Mexico territory. This is especially important because San Diego lies at the border between Alta and Baja California, splitting the native Kumeyaay tribe in half.
From 1846 to 1848, the United States was at war with Mexico as a result of Texas' annexation with the US. By the end of that war, the United States gained what was known as the Alta California and Nueva Mexico territory. This is especially important because San Diego lies at the border between Alta and Baja California, splitting the native Kumeyaay tribe in half.
Slave Catchers
Meanwhile in the 1850s, the southern states remained agricultural and full of African slaves. These slaves would occasionally escape into the northern states, where slavery had been banned. To help prevent this, some white southern residents would take it upon themselves to become fugitive slave catchers and started slave patrols. They didn't just limit their duties to catching runaway slaves however, they would also be the judge, jury and executioner of slaves who simply wandered too far from the tree line. In cases where a slaves life is spared, they are still usually beaten to a pulp.
Meanwhile in the 1850s, the southern states remained agricultural and full of African slaves. These slaves would occasionally escape into the northern states, where slavery had been banned. To help prevent this, some white southern residents would take it upon themselves to become fugitive slave catchers and started slave patrols. They didn't just limit their duties to catching runaway slaves however, they would also be the judge, jury and executioner of slaves who simply wandered too far from the tree line. In cases where a slaves life is spared, they are still usually beaten to a pulp.
If you like movies and aren't sensitive to violence, I recommend watching the 2016 movie Birth of a Nation. It's based on a true story and the man who beat Nat Turner's wife into a lumpy pulp was a slave catcher (played by Jackie Earle Haley).
The First Police
Philadelphia was the first city in the United States to organize a police force in 1833, followed by Houston in 1841. New York followed in 1845, New Orleans in 1853 and Baltimore in 1857. The main difference between a sheriff and a police officer was that instead of being elected or deputized, they are hired, not by a factory or by a wealthy citizen, but by a city. As more and more cities started their own police forces, many deputies, Pinkertons, night watches, and slave patrols would be hired into them.
Philadelphia was the first city in the United States to organize a police force in 1833, followed by Houston in 1841. New York followed in 1845, New Orleans in 1853 and Baltimore in 1857. The main difference between a sheriff and a police officer was that instead of being elected or deputized, they are hired, not by a factory or by a wealthy citizen, but by a city. As more and more cities started their own police forces, many deputies, Pinkertons, night watches, and slave patrols would be hired into them.
Roots of the U.S. Civil War
Losing Power
While this was all going on, civil war between the states loomed very real in the background. Acquiring the southwest would become more expensive than anticipated. With California entering the Union as a State in 1850, in conjunction with the population boom in industrial northern cities, congressional power in both the House and the Senate switched towards the northern states. This would cause Democrats in the southern states to freak out and take drastic measures to take back control.
While this was all going on, civil war between the states loomed very real in the background. Acquiring the southwest would become more expensive than anticipated. With California entering the Union as a State in 1850, in conjunction with the population boom in industrial northern cities, congressional power in both the House and the Senate switched towards the northern states. This would cause Democrats in the southern states to freak out and take drastic measures to take back control.
Media in the 1850s would also raise tensions. Uncle Tom's Cabin was published in 1852, and sold hundreds of thousands of copies. The book opened many people's eyes on the hardships of slavery and took a lot of criticism by the southern states for it. By 1854, Congress came out with the Kansas-Nebraska compromise, which drew a line from Missouri to the border of California, allowing slavery south of that line, with a provision of popular sovereignty.
Tensions Rise
Sectional tensions started to became violent in May 22, 1856 when two days after Senator Charles Sumner gave an impassioned antislavery speech, a Representative named Preston Brooks beat him with a cane in the Senate Chamber. Really, he came up to him, shared few words and went to town, beating Sumner up. He beat him so bad; Brooks broke his cane and nearly killed Sumner. That same year, a new political party, the Republicans, put out their first presidential candidate: John C. Freemont from California. The Republican Party became known as an abolitionist party when it came to slavery.
Tensions Rise
Sectional tensions started to became violent in May 22, 1856 when two days after Senator Charles Sumner gave an impassioned antislavery speech, a Representative named Preston Brooks beat him with a cane in the Senate Chamber. Really, he came up to him, shared few words and went to town, beating Sumner up. He beat him so bad; Brooks broke his cane and nearly killed Sumner. That same year, a new political party, the Republicans, put out their first presidential candidate: John C. Freemont from California. The Republican Party became known as an abolitionist party when it came to slavery.
Sectional tensions got even worse on March 6, 1857 when the Supreme Court struck the Kansas-Nebraska Compromise down as unconstitutional in the Dred Scott v. Sandford decision. It did so by declaring that Scott, a slave and a black man, could not sue for his freedom after entering a free state with his master, because Scott was not considered a citizen of the United States, he was considered property instead. They also talked about how “dangerous” it would be if the “negros” became citizens:
“It would give to persons of the negro race, who were recognized as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished; and it would give them full liberty of speech in public and in private upon all subjects upon which its [a slave State's] own citizens might speak; to hold public meetings upon public affairs, and to keep and carry arms wherever they went. And all of this would be done in the face of the subject race of the same color, both free and slaves, and inevitably producing discontent and insubordination among them, and endangering the peace and safety of the State.”
-Chief Justice Roger B. Taney of the United States Supreme Court, Dred Scott V. Sandford, 1857
By now, the Republican Party had established itself with a platform against the spread of slavery, and just short of supporting abolition.
John Brown's Raid
In October of 1859, the same year the African slave trade ended, a white man named John Brown, along with twenty-five others, entered Jefferson County, Virginia, with the intent of raiding an armory in Harper’s Ferry. Brown was an abolitionist who was hoping to break into an armory and give stolen guns to run-away slaves in order start a full scale slave revolt. When the raid started though, he received little help. President James Buchanan called in a unit of Marines to quell the rebellion. A "hero" of the Mexican American War named Colonel Robert E. Lee, led the unit.
Brown didn’t last long, his small band of fighters were killed and when he tried to make a final stand, the Marines broke in and he was subdued. He was taken to Charlestown, VA, tried and sentenced to death by hanging. About two thousand people had arrived in Charlestown to participate in or witness the execution, including some notable figures, as Nora Titone writes in “My Thoughts be Bloody”:
John Brown's Raid
In October of 1859, the same year the African slave trade ended, a white man named John Brown, along with twenty-five others, entered Jefferson County, Virginia, with the intent of raiding an armory in Harper’s Ferry. Brown was an abolitionist who was hoping to break into an armory and give stolen guns to run-away slaves in order start a full scale slave revolt. When the raid started though, he received little help. President James Buchanan called in a unit of Marines to quell the rebellion. A "hero" of the Mexican American War named Colonel Robert E. Lee, led the unit.
Brown didn’t last long, his small band of fighters were killed and when he tried to make a final stand, the Marines broke in and he was subdued. He was taken to Charlestown, VA, tried and sentenced to death by hanging. About two thousand people had arrived in Charlestown to participate in or witness the execution, including some notable figures, as Nora Titone writes in “My Thoughts be Bloody”:
“Thomas J. (Stonewall) Jackson watched the scene intently, noting that the coffin was a handsome affair of dark walnut, protected by a poplar crate. Brown was conveyed a short distance out of town to an open pasture where his gallows loomed… John Wilkes (Booth) had been awake since dawn, along with the other Richmond Greys. They lined up by height close to the scaffold, no more than 30 feet away, and stood at attention in the rough grass.”
The next year, Abraham Lincoln was elected. The southern states didn't like him, for he was a Republican and the first one to win the presidency.
Start of Civil War
The American Civil War began and was fought mostly over the issue of slavery. Lincoln had been elected November 6, 1860. By December 20th, before he was even inaugurated, South Carolina declared their independence from the Union. Mississippi soon left on January 9 1861, followed by Florida on the 10th, Alabama on the 11th, Georgia on the 19th, Louisiana on the 26th, and Texas on February 1st. These states then joined to create the Confederate States of America, which was born on February 8th.
Back at the Capitol during Lincoln’s inaugural address, on March 4, 1861, his message to the South ended:
Start of Civil War
The American Civil War began and was fought mostly over the issue of slavery. Lincoln had been elected November 6, 1860. By December 20th, before he was even inaugurated, South Carolina declared their independence from the Union. Mississippi soon left on January 9 1861, followed by Florida on the 10th, Alabama on the 11th, Georgia on the 19th, Louisiana on the 26th, and Texas on February 1st. These states then joined to create the Confederate States of America, which was born on February 8th.
Back at the Capitol during Lincoln’s inaugural address, on March 4, 1861, his message to the South ended:
“We are not enemies, but friends. We must not be enemies. Though passion may have strained it must not break our bonds of affection.”
Later that month, Confederate Vice President Alexander H. Stephens gave a speech in Savannah, Georgia in what is known as the “Cornerstone Speech”, declaring that the separation was specifically over the issue of slavery:
“The new constitution has put at rest, forever, all the agitating questions relating to our peculiar institution African slavery as it exists amongst us the proper status of the negro in our form of civilization. This was the immediate cause of the late rupture and present revolution. Jefferson in his forecast, had anticipated this, as the “rock upon which the old Union would split.” He was right. What was conjecture with him, is now a realized fact… The prevailing ideas entertained by him and most of the leading statesmen at the time of the formation of the old constitution, were that the enslavement of the African was in violation of the laws of nature… Our new government is founded upon exactly the opposite idea; its foundations are laid, its corner- stone rests, upon the great truth that the negro is not equal to the white man; that slavery subordination to the superior race is his natural and normal condition. This, our new government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth. This truth has been slow in the process of its development, like all other truths in the various departments of science.”
The firing upon Fort Sumter in April 12, 1861 marked the beginning of four years of fighting between the Union and the Confederates. In 1863, emboldened by the victory at the Battle of Gettysburg, Lincoln released an executive order called the Emancipation Proclamation. Then worked to get the 13th amendment passed, which was supposed to outlaw slavery.
Reconstruction
New Governments
After the end of the Civil War in 1865, the Union army had occupied the southern states and split the confederacy into five military districts. Those districts forced each state to recreate their own governments, but they now had to include African Americans. This meant that now, African Americans could participate in their local government.
After the end of the Civil War in 1865, the Union army had occupied the southern states and split the confederacy into five military districts. Those districts forced each state to recreate their own governments, but they now had to include African Americans. This meant that now, African Americans could participate in their local government.
There were differing ideas about how the federal government would handle the captured districts. Lincoln himself wanted to simply forgive the rebellious states and allow them to re-enter the Union with little punishment. He also wanted to further protect the rights of African Americans and was instrumental in passing the Thirteenth Amendment to the Constitution which MOSTLY abolished slavery.
The 13th Amendment left a loophole for the enslavement of prisoners, which became the basis for the prison industrial complex. While in jail, or prison, they can be made to work for the county or state for free or below minimum wage.
Other Amendments
After Lincoln's assassination, Andrew Johnson took over as President. Johnson was harsh with the confederates, but also opposed giving citizenship to former slaves. The 14th Amendment, which did give all free men citizenship was ratified in 1868, despite Johnson's veto, and one of the conditions for re-entering the Union was that each southern state would have to ratify it. The last amendment to be passed during this time was the 15th Amendment in 1870, which outlawed discrimination at the polls. A Civil Rights Act passed in 1871 said that excessive force by police officer violated victims constitutional rights.
After Lincoln's assassination, Andrew Johnson took over as President. Johnson was harsh with the confederates, but also opposed giving citizenship to former slaves. The 14th Amendment, which did give all free men citizenship was ratified in 1868, despite Johnson's veto, and one of the conditions for re-entering the Union was that each southern state would have to ratify it. The last amendment to be passed during this time was the 15th Amendment in 1870, which outlawed discrimination at the polls. A Civil Rights Act passed in 1871 said that excessive force by police officer violated victims constitutional rights.
The Fall of Reconstrution
The advancement of African Americans into citizenship and government positions angered many southern whites who, in 1866, joined together to create a terrorist organization called the Klu-Klux Klan. These groups used terror techniques such as beatings, murders and cross burnings to keep African Americans and those who supported them from making it to the polls. The techniques worked and with less Republicans voting, the Democrats took local governments in the southern states.
The advancement of African Americans into citizenship and government positions angered many southern whites who, in 1866, joined together to create a terrorist organization called the Klu-Klux Klan. These groups used terror techniques such as beatings, murders and cross burnings to keep African Americans and those who supported them from making it to the polls. The techniques worked and with less Republicans voting, the Democrats took local governments in the southern states.
The 1876 Presidential election between Republican Rutherford B. Hayes and Democrat Samuel J Tilden ended with disputed electoral votes in three southern states: South Carolina, Louisiana, and Florida. The Republican congress set up a committee to decide who would win the Executive Office and in the negotiations, Republicans agreed to allow the Democrats to take back control of the southern states, promised to build a transcontinental railroad through Texas, and promised not to meddle in the south's affairs. For the first time, but not the last, the Republican party had turned a blind eye to the plight of the very African Americans they once helped to free.
In return for the south, Rutherford B Hayes was declared President elect, and Union troops finally left the south. Reconstruction was now over and it had failed.
In return for the south, Rutherford B Hayes was declared President elect, and Union troops finally left the south. Reconstruction was now over and it had failed.
Moving Towards Civil Rights
Early Jim Crow
By the end of Reconstruction, police in southern states enforced a series of vagrancy laws and black codes that were passed by state legislatures after the Civil War to keep the disenfranchised, including the newly freed slaves, from advancing economically or having true freedom. For instance, after the Civil War, the South suffered a shortage of labor. Eight southern states established "convict leasing", the hiring of prisoners for laborious jobs. People suspected of being jobless were arrested and leased to plantations or businesses for work. African Americas weren't allowed to own property or businesses of their own and they were kept from voting or taking office.
By the end of Reconstruction, police in southern states enforced a series of vagrancy laws and black codes that were passed by state legislatures after the Civil War to keep the disenfranchised, including the newly freed slaves, from advancing economically or having true freedom. For instance, after the Civil War, the South suffered a shortage of labor. Eight southern states established "convict leasing", the hiring of prisoners for laborious jobs. People suspected of being jobless were arrested and leased to plantations or businesses for work. African Americas weren't allowed to own property or businesses of their own and they were kept from voting or taking office.
In 1892 a New Orleans man named Homer Plessy decided to challenge these laws. Plessy boarded a first class white train and was asked to move to the "blacks only" train, he refused and was arrested. He sued and the suit made it to the Supreme Court, resulting in the Plessy vs. Ferguson decision. Not only did Plessy lose the case, but the case legitimized the establishment of "separate but equal" codes, beginning the era of the Jim Crow Laws.
20th Century
Until the dawn of the Civil Rights movement, State and local officials established laws separating blacks and whites from schools, cafes, universities, churches, restrooms and even drinking fountains. Discrimination against African Americans prevented adequate funding for schools and stopped them from being hired at high paying jobs or buying homes in prominent neighborhoods. The murder and lynching of African Americans continued without those responsible being arrested or charged. In many cases, law enforcement was complicit in the murders.
Until the dawn of the Civil Rights movement, State and local officials established laws separating blacks and whites from schools, cafes, universities, churches, restrooms and even drinking fountains. Discrimination against African Americans prevented adequate funding for schools and stopped them from being hired at high paying jobs or buying homes in prominent neighborhoods. The murder and lynching of African Americans continued without those responsible being arrested or charged. In many cases, law enforcement was complicit in the murders.
Brown vs. Board of Education
By 1953, racial prejudices ran rampant throughout the whole country, especially in the south. Once again the laws were challenged. The parents of a little girl named Linda Brown sued the board of Education of Topeka, Kansas, in order to place her in a school that was close to home but for whites. The Brown vs. Board of Education decision of 1954 overturned the decision left by Plessy vs. Ferguson. The Supreme Court had decided that keeping children separate simply due to skin color made them feel inferior, affected their development and deprived them of equal protection laws.
By 1953, racial prejudices ran rampant throughout the whole country, especially in the south. Once again the laws were challenged. The parents of a little girl named Linda Brown sued the board of Education of Topeka, Kansas, in order to place her in a school that was close to home but for whites. The Brown vs. Board of Education decision of 1954 overturned the decision left by Plessy vs. Ferguson. The Supreme Court had decided that keeping children separate simply due to skin color made them feel inferior, affected their development and deprived them of equal protection laws.
This enraged the south and it would take years to integrate schools. Many schools chose to shut down or become private, rather than integrate. In some extreme cases, the state capitols rose the confederate battle flag over their buildings, or put up statues of Confederate heroes to send a message to African Americans looking to settle down. In Alabama in 1955, a young woman named Rosa Parks walked into a bus, paid her fee and sat down near the front. When she was asked to move to the back of the bus to allow a white man to sit on front, she refused. Parks was arrested, which would kick off the Montgomery Bus Boycott, led by a young reverend named Martin Luther King, Jr.
After a little over a year of successful boycotting that included violence and a bombing of King's home, the bus company gave in and changed their codes, bringing both King and Parks into prominence and kicking off the 1960s Civil Rights Movement.
Civil Rights Movement
By the dawn of the 1960s, resistance to the Civil Rights Movement turned the decade into a time of turmoil as legislation after legislation passed both for and against freedoms for the less fortunate, and race relations grew to a boil. First, there was the Civil Rights Act of 1957 and of 1960, which further expanded rights for African Americans. Sit-ins began across the South and when they arrested and jailed Martian Luther King for participating in a sit-in in Atlanta, Presidential Candidate John F Kennedy helped to secure his release. When Kennedy was elected and inaugurated as President, he promised to fight for civil rights abroad as well as at home. Then there were the Freedom Riders, driving from Washington DC to New Orleans on a bus to test voting ordinances. When they firebombed the first bus and beat the passengers, more people took their place in a new bus. When those people were arrested as they arrived in Jacksonville, Mississippi, even more people too their place.
There was the 24th Amendment, which ended the Poll Taxes that prevented the disadvantaged, including African Americans, from voting. There was also the Supreme Court case of Map vs. Ohio in 1961, which created the Exclusionary rule - a product of the 4th and 14th Amendments. It meant that if police used a warrant to search your home and whatever they find was not part of that warrant, it would have to be excluded from prosecution.
The Civil and Voting Rights Acts of 1964 and 1965
One of the larger events of the 1960s was the Civil Rights Act of 1964. In June of 1963, the bill that would outlaw segregation and Jim Crow type laws, and required all voter registration application to be processed equally, was introduced to the House. Two months later, the March on Washington for Jobs and Freedom took place, where Martin Luther King gave his famous "I have a dream" speech. President Kennedy supported King and the Civil Rights bill. Unfortunately, Kennedy would be assassination by November of 1963.
One of the larger events of the 1960s was the Civil Rights Act of 1964. In June of 1963, the bill that would outlaw segregation and Jim Crow type laws, and required all voter registration application to be processed equally, was introduced to the House. Two months later, the March on Washington for Jobs and Freedom took place, where Martin Luther King gave his famous "I have a dream" speech. President Kennedy supported King and the Civil Rights bill. Unfortunately, Kennedy would be assassination by November of 1963.
In 1963, the LAPD adopted "to protect and serve" as the department's official motto. It was previously the motto of their academy since 1955.
Kennedy's death put additional pressure on the House Rules Committee to pass the bill. The next President, Lyndon B. Johnson, gave a joint session speech, advocating for full passage of the bill, and public support for it grew. The House would pass the bill, but when it reached the Senate, it met more resistance. There was block of both Republicans and southern Democrats who filibustered the bill for 54 days before the bill finally passed the Senate. President Johnson signed the bill into law.
Yet when King asked Johnson to support a voting rights bill the following year, Johnson was hesitant to get behind the idea. As a Democrat, Johnson had feared the his wheeling and dealing in getting the 1964 Civil Rights Act passed had already ruffled many in the South and he feared another legislative win for civil rights would flip the south into Republican territory. Demonstrations like the marches from Selma to Montgomery helped keep the issue of civil rights and voting rights alive, despite Johnson's lack of help, and the following year Johnson decided to support and signed the Voting Rights Act of 1965.
Miranda and Loving vs. Virginia
After a man named Ernesto Miranda was interrogated by police for hours without a lawyer, he made a confession and was sentenced to prison. He appealed the conviction, arguing that he did not know that he had a right to remain silent. The case made it all the way to the Supreme Court. He won the appeal and since then, officers have been required to read Miranda warnings to those they arrest, informing them of their rights.
After a man named Ernesto Miranda was interrogated by police for hours without a lawyer, he made a confession and was sentenced to prison. He appealed the conviction, arguing that he did not know that he had a right to remain silent. The case made it all the way to the Supreme Court. He won the appeal and since then, officers have been required to read Miranda warnings to those they arrest, informing them of their rights.
Richard and Mildred Loving were an inter-racial couple living in Virginia, who were arrested in their home in 1958. They were found guilty of violating inter-racial marriage laws and were banished from the State. They found lawyers to appeal their convictions and in 1967, the Supreme Court ruled that laws prohibiting people of different races from marrying was unconstitutional. From here on, men and women of different races were able to come together in matrimony without legal consequences. The last Civil Rights Act was passed in 1968.
Counter Legislation and Militarization
Watts Riots
In 1965 in the Watts community in Los Angeles, CHP pulled over and subsequently beat a black drunk driver, as well as his mother and brother in front of local residents. This angered the residents, who began throwing rocks and bottles at officers. Soon residents began shooting at officers and other emergency personnel. This led to six days of riots in Watts that left 34 dead and was so bad, Martin Luther King arrived in an attempt to calm the situation.
In 1965 in the Watts community in Los Angeles, CHP pulled over and subsequently beat a black drunk driver, as well as his mother and brother in front of local residents. This angered the residents, who began throwing rocks and bottles at officers. Soon residents began shooting at officers and other emergency personnel. This led to six days of riots in Watts that left 34 dead and was so bad, Martin Luther King arrived in an attempt to calm the situation.
Despite triggering the riots with their violence, LAPD began using more even more violent and militaristic tactics after the riots. An LAPD officer named John Nelson, who had been part of a special task force in the Vietnam war, suggested creating a unit similar to a task force he had been a part of in the war. It was originally supposed to be named the "Special Weapons and Attack Team", but that didn't sound very friendly, so they replaced "and Attack Team" with And Tactics", giving birth to the SWAT Team.
Garrity vs. New Jersey
In 1967, another Supreme Court decision, Garrity vs. New Jersey established the Garrity warning. The Garrity warning is similar to a Miranda warning, except it was designed to let officers who are under investigation know their rights. With suspicion that officers were being bribed in New York City, another officer named Gardner was subpoenaed to testify to a grand jury. His superiors tried to force him to sign a 5th Amendment waver, but he refused and was fired for not testifying. Gardner sued and in Gardner vs. Broderick of 1968, the Supreme Court decided that the previous Garrity decision also protected the officer's right to free speech and so his firing was found unconstitutional.
In 1967, another Supreme Court decision, Garrity vs. New Jersey established the Garrity warning. The Garrity warning is similar to a Miranda warning, except it was designed to let officers who are under investigation know their rights. With suspicion that officers were being bribed in New York City, another officer named Gardner was subpoenaed to testify to a grand jury. His superiors tried to force him to sign a 5th Amendment waver, but he refused and was fired for not testifying. Gardner sued and in Gardner vs. Broderick of 1968, the Supreme Court decided that the previous Garrity decision also protected the officer's right to free speech and so his firing was found unconstitutional.
There were the assassinations of civil rights leaders Malcolm X in 1965, and Martin Luther King in 1968, leaving the movement devastated as angry rioters took to the streets of America. King had slowly began to realize that the issue of race lay under a larger umbrella of class and so came to Memphis, Tennessee to lead a sanitation workers strike. He was shot and killed at the balcony of his hotel.
War on Drugs
By 1971, Richard Nixon was the new President. The two groups that Nixon considered enemies were African Americans and hippies, who were largely opposed to the ongoing Vietnam War. Their solution was to first associate them with drug use, specifically Marijuana to hippies and heroin to African Americans. Next, they would call for legislation that served heavy penalties for drug use and possession, essentially turning these groups into criminals. With jails being filled with the disadvantaged who were being vilified in t he media, their movements would essentially be discredited. This was the beginning of Nixon's war on drugs.
By 1971, Richard Nixon was the new President. The two groups that Nixon considered enemies were African Americans and hippies, who were largely opposed to the ongoing Vietnam War. Their solution was to first associate them with drug use, specifically Marijuana to hippies and heroin to African Americans. Next, they would call for legislation that served heavy penalties for drug use and possession, essentially turning these groups into criminals. With jails being filled with the disadvantaged who were being vilified in t he media, their movements would essentially be discredited. This was the beginning of Nixon's war on drugs.
The war on drugs greatly increased the amount of people imprisoned and those people were disproportionately black. With more prisoners came more guards and facilities and the need for more money to maintain them. The old convict leasing and vagrancy laws gave way to a prison system that became an economic boom for businesses at the expense of the disenfranchised. What emerged was a prison industrial complex that kept many of the less fortunate from economic advancement.
The LEO Bill of Rights
With the need to keep prisons full, came the urge to better protect the police officers that fed the system. In 1974, the legislature in Virginia passed the country's first Law Enforcement Officer's Bill of Rights. Thirteen more states, including California, would pass their own version of the bill. The LEO Bill of Rights is a set of extra protections given to law enforcement officers who are under investigation, which the civilian public does not have. For instance, in Maryland, police officers accused of a crime have ten days to make a statement, while civilians do not. Because officers can only be questioned by other officers, according to this code, it makes something like a civilian review board newly impossible to accomplish in these states. In Rhode Island, officers can be convicted of crimes without being fired. In most states, departments don't even have to acknowledge that their officers are under investigation. This kept potentially dangerous officers on the force, which in time would tarnish a department's reputation with their community.
With the need to keep prisons full, came the urge to better protect the police officers that fed the system. In 1974, the legislature in Virginia passed the country's first Law Enforcement Officer's Bill of Rights. Thirteen more states, including California, would pass their own version of the bill. The LEO Bill of Rights is a set of extra protections given to law enforcement officers who are under investigation, which the civilian public does not have. For instance, in Maryland, police officers accused of a crime have ten days to make a statement, while civilians do not. Because officers can only be questioned by other officers, according to this code, it makes something like a civilian review board newly impossible to accomplish in these states. In Rhode Island, officers can be convicted of crimes without being fired. In most states, departments don't even have to acknowledge that their officers are under investigation. This kept potentially dangerous officers on the force, which in time would tarnish a department's reputation with their community.
As more people of higher status began using powdered cocaine, producers found a way to make a cheaper and smoke-able version of it called crack. As crack made its way into the underprivileged communities, laws were passed that treated sentencing for possession of crack cocaine differently from powdered cocaine, even though they were the same thing. Those possessing the cheaper crack cocaine would get much harsher and disproportional sentences than those possessing the more expensive powdered version.
Escalating the War on Drugs, Ronald Reagan signed the Military Cooperation with Civilian Law Enforcement Agencies Act in 1981. This act allowed the government to exchange military information, tactics and supplies to civilian agencies.
Graham vs. Connor
In 1989, a man named Graham waled into a store to buy orange juice, but changed his mind when he saw a large line. He walked out of the store, but was pulled over by an officer named Connor, who saw Graham walk in and out and became suspicious. He detained the man, putting him in handcuffs, until it was determined that no wrongdoing had occurred. Graham sued and in the Graham vs. Connor decision, the Supreme Court decided that when an officer uses force, the perspective of the officer, and not hindsight, is what determined the "reasonableness" of that force.
In 1989, a man named Graham waled into a store to buy orange juice, but changed his mind when he saw a large line. He walked out of the store, but was pulled over by an officer named Connor, who saw Graham walk in and out and became suspicious. He detained the man, putting him in handcuffs, until it was determined that no wrongdoing had occurred. Graham sued and in the Graham vs. Connor decision, the Supreme Court decided that when an officer uses force, the perspective of the officer, and not hindsight, is what determined the "reasonableness" of that force.
This meant that if an officer was accused of using excessive force, but truly believed that it was necessary to apply that force at the time, they could be acquitted. There is no practical reason to exclude hindsight from any case, other than to protect an officer who may have stepped over the line. This can also be expanded to mean that an officer does not have to factor in disabilities such as age, hearing loss, mental illness or pregnancy when applying force, as long as the officer can prove that he was in some sort of fear at that moment.
In 1990, Congress passed a National Defense Act that included a series of DOD programs called 1033 and 1122. 1033 allows transfers of old military equipment to local law enforcement while 1122 allows for new equipment to be transferred. After the LA Riots, agencies would respond to warrants, drug charges, and protests with military force.
LA Riots
In March of 1991, Rodney King and two others were driving down San Fernando Valley in Los Angeles, when they began to be pursued by California Highway Patrol. King refused to pull over because he was already on parole, so a chase went on for about eight miles, before King was cornered by LAPD. The other two were pulled out of the car, kicked, and taunted. King came out of the car last, he was tasered, kicked and beaten with batons for well over a minute before being dog-piled on and arrested.
In March of 1991, Rodney King and two others were driving down San Fernando Valley in Los Angeles, when they began to be pursued by California Highway Patrol. King refused to pull over because he was already on parole, so a chase went on for about eight miles, before King was cornered by LAPD. The other two were pulled out of the car, kicked, and taunted. King came out of the car last, he was tasered, kicked and beaten with batons for well over a minute before being dog-piled on and arrested.
The beating that King took was captured on video tape and a few days later, was aired on the news. It caused a backlash that led to the officers being arrested and tried. In April of 1992, one officer was found guilty of assault with a deadly weapon, but the rest were acquitted of everything else, which sparked three days of riots in Los Angeles, killing 53 people.
North Hollywood Shootout
In 1997, a large shootout at a bank in North Hollywood occurred. Two men with custom armor as well as AK 47s and other rifles with armor piercing bullets went inside the bank and robbed it. Police tried to ambush the men, but instead of trying to escape or surrender, the gunmen chose to fight it out with police who were armed only with pistols and shotguns. Many officers were shot, but survived. Outgunned, police confiscated weapons and ammunition from a nearby gun store. The robbers were eventually shot and killed, leaving 18 injured.
In 1997, a large shootout at a bank in North Hollywood occurred. Two men with custom armor as well as AK 47s and other rifles with armor piercing bullets went inside the bank and robbed it. Police tried to ambush the men, but instead of trying to escape or surrender, the gunmen chose to fight it out with police who were armed only with pistols and shotguns. Many officers were shot, but survived. Outgunned, police confiscated weapons and ammunition from a nearby gun store. The robbers were eventually shot and killed, leaving 18 injured.
In 1999, an investigation showed that the Fairfield County, Connecticut Sheriff's Department required their deputies to make campaign contributions to help keep the sheriff in office and that they were over-billing the state for services, so the governor called to abolish the Sheriff's Department. There was an election where 65% voted to add an amendment to their state constitution that did so. In 2000, the state of disbanded their sheriff's department and replaced them with city marshals.
21st Century
Social Media
In 2013, a Florida neighborhood watch named George Zimmerman was acquitted of shooting to death an unarmed African American teenager named Trayvon Martin, while he was on his way home from buying candy. The following year in Ferguson, Missouri, a police officer killed another unarmed African American named Michael Brown and his body was left lying in the streets for hours. This caused an outcry and unrest in the Ferguson community, as police began to militarize themselves against local protesters. In response, activists began to organize nationwide and movements like Black Lives Matter emerged.
Social Media
In 2013, a Florida neighborhood watch named George Zimmerman was acquitted of shooting to death an unarmed African American teenager named Trayvon Martin, while he was on his way home from buying candy. The following year in Ferguson, Missouri, a police officer killed another unarmed African American named Michael Brown and his body was left lying in the streets for hours. This caused an outcry and unrest in the Ferguson community, as police began to militarize themselves against local protesters. In response, activists began to organize nationwide and movements like Black Lives Matter emerged.
As social media grew, so did the outcry as more unarmed African Americans such as Eric Garner, Timir Rice, Freddy Gray and Philando Castile, were killed on camera, by police officers. The issue of police brutality and excessive use of force became a main topic in American discourse. Yet because of legislation like the Law Enforcement Officer's Bill of Rights and Supreme Court opinions, such as Graham vs. Connor, none of the officers involved were ever convicted of a crime, and most of them kept their jobs.
In January of 2017
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