Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-5g6vh Total loading time: 0 Render date: 2024-04-25T21:00:51.672Z Has data issue: false hasContentIssue false

9 - Soldiers and Spies, Police and Detectives

Published online by Cambridge University Press:  04 February 2011

Brian Forst
Affiliation:
American University, Washington DC
Jack R. Greene
Affiliation:
Northeastern University, Boston
James P. Lynch
Affiliation:
John Jay College of Criminal Justice, City University of New York
Get access

Summary

INTRODUCTION

Successful, effective, mutually beneficial military participation in what we would call civilian law enforcement is not unknown in history. Ancient Rome and the contemporary French Gendarmerie – who have an excellent working relationship with the rural population of France – might be included on a list of good examples. Unfortunately, the list of oppressive, abusive, even genocidal examples seems infinitely longer, and this list is surely a source of our national apprehension about using our military forces for standard police work.

Our founding fathers were, of course, sensitive to this issue and sought to minimize the possibility that the American public would suffer oppressive use of the military by unethical government leaders. Indeed, although military resources have been utilized countless times in response to domestic disasters and catastrophes, we tend to focus our collective memory on the tragic results of hostile encounters like the New York draft riots, Kent State, or the Texas border country, where military force has been used in response to civilian behavior with tragic results. We simply do not want our military involved in law enforcement in civilian environments, or controlling civilian behavior of any type, especially when the use of force might be deemed necessary. It might be worth noting that the bright line that separates the military and civil sectors is less clearly drawn in most other advanced Western societies, largely because the insulation against invaders provided by two vast oceans is a luxury that European nation-states do not share.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Abadinsky, Howard, Organized Crime, 8th edition (Belmont, CA: Thomson/Wadsworth, 2007).Google Scholar
Baldwin v. Seattle, 55 Wn.App.241; 776 P.2d 1377 (1989, Wash.).
Barnett, Thomas P. M., The Pentagon's New Map: War and Peace in the Twenty-First Century (New York: Putnam & Sons, 2004).Google Scholar
Studies, Center for Strategic and International, CSIS Task Force Report: Russian Organized Crime (Washington, DC: Government Printing Office, 1997).Google Scholar
City of Winter Haven v. Allen, 541 So.2d 128 (Fla. App. Dist.1991) and 689 So.2d 968 (Fla. App. Dist.1991).
DeMichele, Matthew T. and Kraska, , “Community Policing in Battle Garb: A Paradox or Coherent Strategy?” in Kraska, Peter B., ed., Militarizing the American Criminal Justice System: The Changing Roles of the Armed Forces and the Police (Boston, MA: Northeastern University, 2001).Google Scholar
States, Downs v. United, 522 F.2d 990 (6th Cir., 1975).
Doyle, Charles and Elsea, Jennifer, Terrorism: Some Legal Restrictions on Military Assistance to Domestic Authorities Following a Terrorist Attack (Washington, DC: Congressional Research Service, Library of Congress, 2005).Google Scholar
Dunlap, Charles J., “The Thick Green Line: The Growing Involvement of Military Forces in Domestic Law Enforcement,” in Kraska, Peter B., ed., Militarizing the American Criminal Justice System: The Changing Roles of the Armed Forces and the Police (Boston, MA: Northeastern University Press, 2001).Google Scholar
Dunn, Timothy J.,“Waging War on Immigrants at the U.S. Border: Human Rights Implications,” in Kraska, Peter B., ed., Militarizing the American Criminal Justice System: The Changing Roles of the Armed Forces and the Police (Boston, MA: Northeastern University Press, 2001).Google Scholar
Fonda, Jane, My Life So Far (New York: Random House, 2005). Frye v. United States, 421 U.S. 542 (1923).Google Scholar
Gates, Darryl, Chief: My Life in the LAPD (New York: Bantam Books, 1991).Google Scholar
Graham, Bradley, “U.S. Military Plans Responses to Domestic Terrorism.” The Washington Post (August 8, 2005).
Haggerty, Kevin D. and Ericson, Richard V., “The Military Technostructures of Policing” in Kraska, Peter B., ed., Militarizing the American Criminal Justice System: The Changing Roles of the Armed Forces and the Police (Boston, MA: Northeastern University Press, 2001).Google Scholar
Katz v. United States, 389 U.S. 347 (1967).
Mallory, Stephen L., Understanding Organized Crime (Sudbury, MA: Jones and Bartlett, 2007).Google Scholar
McNamara, Robert S., In Retrospect: The Tragedy and Lessons of Vietnam (New York: Vintage, 1996).Google Scholar
Mijares, Thomas C. and McCarthy, Ronald M., The Management of Police Specialized Tactical Units (Springfield, IL: Charles C. Thomas, 2008).Google Scholar
Perkins, David B. and Mijares, Tomas C., “Police Liability Issues Associated with Interagency Mutual Assistance Pacts,” Police Liability Review, Volume 8, Number 1 (1996), pp. 1–5.Google Scholar
Printz v. United States, 521 U.S. 898 (1997).
Reid v. Covert, 354 U.S. 1 (1957).
Schaefer, Todd and Hyland, Paul, “Technology Policy in the Post-Cold War World,” Journal of Economic Issues, Volume 28, Number 2 (1994), pp. 597–607.CrossRefGoogle Scholar
United States v. Cusumano, 67 F.3d 1497 (10th Cir., 1995).
United States v Porco, 842 F. Supp. 1393 (D. Wyo. 1994).
Youngstown County v. Sawyer, 343 U.S. 579 (1952).

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×