The concept of crime and criminal activity in the United States has changed over

the course of our existence as a country. The foundational concept of law

enforcement being the protectors of our freedoms has not changed; however, the

techniques law enforcement uses and the perceptions of how law enforcement

officers should function in our society is ever changing. Law Enforcement officers

and support staff are expected by the law abiding population to be the regulators

and protectors of societal norms, as well as agents of change in our communities.

As offenders and criminal activity develop and change, adapting to our intelligence

techniques and perpetually trying to circumvent detection, law enforcement

agencies must adapt and change as well. Law enforcement programs must also be

developed and variate with the communitys perception of their function. From

developing new and innovative ways to thwart white collar crime, to effecting policy

changes at the state and federal level with regard to drug related offenses and the

incarceration rates, law enforcement entities must have a strong voice and even

stronger ethical principles. It is no longer enough to catch the individual criminal,

we must detect the criminal enterprises that threaten our way of life and end their

reign, while providing for rehabilitative efforts, maintaining rapport with the

community and fostering the return to the concept that it takes a village to

survive, and that the community must bond together with its protectors to

effectuate positive changes in American society.

Although the exact beginnings of the concept of law enforcement could be argued

in several ways, I find it compelling that many pre-civilized communities were

thought of as having a hierarchal entity, usually comprised of elders, which would

facilitate the moral rules of their communities. Violators of these rules were dealt

with by the enforcers of the elders rule. The offenders were usually punished in a
manner that was both public and scarring, acting as a deterrent for others and a

continual shaming mechanism for the offender. Although primitive by our

standards, this type of regulation served its purpose to maintain order in that time.

These enforcers of village rules could be thought of as the first version of law

enforcement in society. Throughout history, society has dabbled with the roles of

law enforcement and military, with the lines often blurring. Leaders usually kept a

group of elite soldiers that served several functions including protection of the

leading party at home and as military type agents in times of war. As regional

boundaries developed and ruling parties became more steadfast, the concept of

dedicated enforcement officers also advanced, leading to the practices we utilize

today.

As law enforcement has developed and advanced, so has crime and criminal

activity. As law enforcement officers, we engage offenders that are more criminally

sophisticated than ever before. As an example, White Collar Crime, a term

believed to have been coined in 1939, encompasses many types of fraud including

embezzlement, identity theft, money laundering, bank fraud, tax fraud and scams

targeting individuals, to name a few. Although these types of crimes get less public

attention than violent crimes, they can be devastating to victims and costly to

individuals and organizations, as well as the general public through loss of revenues

which can be eventually supplanted by tax dollars and the investigation and

prosecution process which can be lengthy and expensive. According to the

Coalition Against Insurance Fraud, approximately $80 billion dollars a year is lost to

insurance fraud alone (1). In California in FY2012-2013, the state fraud bureau

received 17,981 suspected fraudulent claims resulting in a potential loss amounted

to $120.1 million dollars. These type losses do not only affect insurance companies.
Consumers suffer higher insurance rates, law enforcement entities dedicate

investigative time and resources to solving these crimes and courts and court

personnel are utilized when offenders are prosecuted, costing tax payers monies

that could be spent elsewhere.

Another example of advancement in criminal activity includes the development and

use of illicit intoxicating substances. Gone are the days where investigators biggest

worry was the inability to detect illegal marijuana growing in the vast wildlands of

the United States. Over the past five decades, the U.S. has seen the devastating

effects of LSD, cocaine, methamphetamine, heroin, synthetics and prescription drug

abuse, to name a few. According to the National Institute on Drug Abuse, the use of

many of these substances can cause both short and long term effects affecting the

individual physically, mentally and emotionally. In particular, hallucinogens and

dissociative drugs can cause short term effect on mood and perception, but can

cause long term psychotic like symptoms that manifest long after the drug has left

the body. Early research suggests that they work at least partially by temporarily

disrupting communication between neurotransmitter systems throughout the brain

and spinal cord that regulate mood, sensory perception, sleep, hunger, body

temperature, sexual behavior, and muscle control however, further research is

needed to determine the full extent of the potential damage done to the body and

mind by these substances (2). As technology develops, drug manufacturers are

able to create substances with these intoxicating effects, leaving law enforcement

and society to catch up with trends and outlaw their use. New laws are generated

which law enforcement officers enforce which leads to the prosecution of offenders.

For example, to combat the new synthetic drugs marketed, in 2012, the U.S.

Government passed a law, the Synthetic Drug Abuse Prevention Act, which lists
many of these new synthetic drugs as Schedule 1 drugs; therefore allowing criminal

prosecution for their manufacturing and distribution.

Advancement of criminal activity does not only affect white collar and drug crimes.

Crimes against persons have also advanced. From the ability to cyber stalk a

victim, to cartel and organized crime group recruitment and to disbursement of

instructions to followers, criminals are able to use technology to perpetuate their

crimes. As an example, California Penal Code 646.9 defines stalking as, Any person

who willfully, maliciously, and repeatedly follows or willfully and maliciously

harasses another person and who makes a credible threat with the intent to place

that person in reasonable fear for his or her safety, or the safety of his or her

immediate family is guilty of the crime of stalking (3) The first noted Cyber

stalking case came out of California in 1999. Gary Dellepenta, a 50 year old

security guard, used social media to post ads in the name of his victim, requesting

male suiters appear at her home to engage her in a rape fantasy. Dellepenta

gave the womens physical description, her address, and how to bypass her security

system to the men who responded to the ads. (4) Investigators were able to use

technological advances to track where the ads came from and apprehend the

offender, leading to his prosecution and conviction under the law.

Even cartel and organized crime group activity has advanced with the use of

technology. Sophisticated underground tunnels have been created to move drugs

under the U.S. Mexico border, while submarines are used to move them up the

coast. Cartels can track the movements of U.S. law enforcement officers from the

comfort of control rooms using satellite technology. According to the Congressional

Research Service report entitled Organized Crime: An Evolving Challenge for U.S.

Law Enforcement, organized crime groups are rapidly expanding their criminal
activity by using modern technology. The authors write, Organized criminals have

expanded their technological toolkits, incorporating technology driven fraud into

their capabilities. Their operations can harm U.S. citizens without ever having a

physical presence in the country. These illicit activities include cyber intrusions into

corporate databases, theft of individual consumer credit card information, fencing of

stolen merchandise online, and leveraging technology to aid in narcotics smuggling.

Further, criminal organizationswhich have historically burrowed into and exploited

local ethnic communities can now rely on Internet connectivity and extensive,

international transportation linkages to target localities around the globe. (5)

Officers must use their own technological advances to determine these crimes are

being committed and provide evidence of these crimes and expert testimony for

prosecution.

The impact of criminal activity on the U.S. population has also evolved with the

advancement of our society. The population of offenders incarcerated in jails and

prisons throughout the U.S. has skyrocketed in recent years, resulting in laws and

policies intended to combat the growing incarcerated population. Incarceration of

violent offenders has its advantages as it provides for community safety while

allowing for the potential rehabilitation of amenable offenders in a contained

environment. There is also the theory that punitive consequences lead to

determent of future criminal activity for both the offender and others who are

witness to the punishment. Unfortunately, criminal enterprise does not always stay

held within prison walls, and many shot callers are able to functionally exert their

authority and make decisions while incarcerated. The incarceration of non-violent

offenders seems to always be a topic of disagreement, with arguments on both

sides. On the one hand (in theory), incarceration of these offenders provides for a
stable, drug-free environment in which to rehabilitate. On the other, incarceration

becomes a school for offenders to become better criminals and can create an

institutionalized mentality which can affect the offender once released.

Incarceration also has societal disadvantages with regard to the family structure

and the impact on children of incarcerated individuals. According to the Bureau of

Justice Statistics Special Report from August 2008 entitled Parents in Prison and

Their Minor Children, about 52% of local/state and 63% of federal inmates had

minor children in 2007. (6) About half of the state prisoners with children reported

being the primary financial supporter of their children prior to their incarceration.

Having a parent that is incarcerated affects children in many ways including familial

financial instability, interruption of bonding, and the associated stigma attached to

having a criminal parent. This can lead to behavioral and emotional problems for

children due to lack of nurturing and lack of consistent positive role modeling.

Kristin Turney, a professor at UC Irvine, completed a study on the effects of parental

incarceration on minor children and found that having a parent in jail was linked to

a greater incidence of asthma, obesity, attention deficit disorder/attention deficit

hyperactivity disorder, depression and anxiety. (7)

One way to combat the societal impact of incarceration is through community

rehabilitation of amenable offenders. The largest group of perpetrators this will

likely impact are those with drug related offenses or those with serious mental

illness. According to the Substance Abuse and Mental Health Services

Administration (SAMHSA), more than 80% of state prisoners, 72% of federal

prisoners, and 82% of jail inmates meet the criteria for having either a mental

health or substance use issue. (8) In the Treatment Episode Data Set report dated

03/03/11, it was estimated that in 2007, more than half of probationers or parolees
referred to community substance abuse treatment completed their treatment. The

report notes, The substance abuse treatment system is uniquely positioned to not

only treat the substance abuse problems of probationers and parolees, but also to

connect them with supportive services, such as job skills training and employment

services. Helping probationers and parolees obtain these needed resources may

increase the likelihood that they will sustain their recovery and become productive

members of the community. (9) SAMHSA also estimated that 14% of men and 24%

of women in jails have a serious mental illness (SMI) such as bipolar disorder or

schizophrenia. They are usually non-violent offenders who remain incarcerated

nearly twice as long as individuals without mental illness who perpetrate the same

crimes. Although navigating rehabilitative services once released for both of these

populations can be challenging, Probation and Parole officers can act as

navigators and case managers helping to facilitate the rehabilitation process

and in their law enforcement capacity provide for the safety of the community by

monitoring the compliance of the offender. By triaging out the incarcerated

offenders who are amenable to community rehabilitation, we reduce the prisoner

population while fostering the reintegration of these offenders into their familial

units.

Law enforcement officers have traditionally been seen as functioning within the

capacity of enforcement only. Recent developments in community centered

enforcement has provided for a new way to look at the role of the law enforcement

officer. While enforcement is still a priority for community safety, many law

enforcement organizations are expanding to include divisions which maintain

community outreach, education and relations. As an example, the San Diego

Sheriffs Department has numerous pages on its website dedicated to community

resources including crime mapping, crime prevention, child and elder abuse

resources and prescription drug abuse to name a few. (10) They implemented the

Crimestoppers tip line so the community can anonymously report information on

criminal activity and the Community Oriented Policing and Problem Solving program

(COPPS) which is a partnership between the Sheriffs Department and the

community to deter criminal activity. These divisions are productive, resourceful

and are able to function effectively by bridging the gap between police and the

community. They promote open communication and trust between law enforcement

and the community members they serve. With the current political climate and the

media pitting police officers against the people they are sworn to protect and serve,

units and practices dedicated to maintaining positive community involvement and

open lines of communication will be key in restoring the balance so that officers

may continue to successfully pursue criminals while productively interfacing with

non-criminally involved community members.

Law enforcement officers are expected to function within the guidelines of the law

and exhibit ethical behavior at all times. Most law enforcement officers function

within these parameters on a daily basis. Those who do not, and some that are

wrongfully accused and persecuted by the media before a thorough investigation is

performed, become instant media sensations. This tarnishes the reputation of law

enforcement nationwide and proves to be a barrier to community relations.

Although there is merit to the freedom of speech guaranteed by the constitution,

media entities often report negative information without regard for the

consequences to the community or law enforcement because sensationalism sells.

These negative reports incite violence against law enforcement and civil unrest in
the community as a whole, and are barriers to law enforcement and community

relations.

A prime example of this is the shooting death of Chris Brown in Ferguson Missouri.

The media covered this story from a biased perspective from the very beginning,

and persecuted officer Darrin Wilson. The media reports detailed false eye

witness accounts leading the public to believe that a rogue white police officer shot

to death an unarmed, non-aggressive black male who was surrendering at the time

of the shooting. In the Department of Justice report dated 03/04/15, after a

thorough investigation of all relevant material including forensic evidence and true

eye-witness accounts, the investigators concluded that the matter lacks

prosecutive merit and should be closed. They cite, When the shootings are

viewed, as they must be, in light of all the surrounding circumstances and what

Wilson knew at the time, as established by the credible physical evidence and

eyewitness testimony, it was not unreasonable for Wilson to fire on Brown until he

stopped moving forward and was clearly subdued. Although, with hindsight, we

know that Brown was not armed with a gun or other weapon, this fact does not

render Wilsons use of deadly force objectively unreasonable. The eye-witness

reports spread by the media were found to be contradicted by the physical and

forensic evidence, which also undermines the credibility of their accounts of other

aspects of the incident, including their assertion that Brown had his hands up in a

surrender position when Wilson shot him. In reality, the true eye-witnesses all

agree that Brown ran or charged toward Wilson and that Wilson shot at Brown only

as Brown moved toward him. Although some of the witnesses stated that Brown

briefly had his hands up or out at about waist-level, none of these witnesses

perceived Brown to be attempting to surrender at any point when Wilson fired upon
him. To the contrary, several of these witnesses stated that they would have felt

threatened by Brown and would have responded in the same way Wilson did. (11)

These findings were only briefly noted in the media, and none of the evidence

exonerating officer Wilson received as much media attention as was given to the

reports inciting violence in the community. Although we cannot control what is

reported through the media, as law enforcement agencies, we must continually

strive to enhance positive community relationships, so that in the event that these

type situations occur, we have a strong enough relationship with the community to

mitigate further violence and the escalation of negative community behavior.

Although this is unlikely to prevent all of the negative responses, it is a place to

begin, and a focus point to building stronger bonds between the community and the

officers sworn to protect them.

Another deficit that needs to be addressed in order to facilitate the rebuilding of

society with regard to criminogenic behavior involves funding. Although many laws

are passed with the intent to provide funding for programs meant to enhance the

ability for law enforcement to function and rehabilitation to occur, many of these

laws fall short of providing the means they promise. Law enforcement entities

constantly need to reassess where they can reallocate funding to provide for the

highest levels of service to the community. Offenders are often released back into

the community without a transition plan that encourages rehabilitation and self-

sufficiency. Without such a plan, and with only limited knowledge of resources

available and how to successfully navigate the system, offenders routinely revert

back to criminal behavior. Community organizations that provide housing,

rehabilitative classes, cognitive behavioral and other therapies, and employment

opportunities are overrun with applicants and cannot accommodate the ever
growing need. Guiding entities, such as county and state administrators must be

compelled to reevaluate the appropriation of their funding to provide for the most

positive gain. Funding must support the law enforcement community in their efforts

toward community policing and habilitating and rehabilitative efforts for offenders in

order to be successful.

In conclusion, the application of law enforcement in our society is changing, and we

must modify our policies and practices as law enforcement agencies to function

productively as both enforcers of law and agents of change. We are seeing major

changes in the level of sophistication exhibited in many aspects of criminal

enterprise and must continually strive to keep one step ahead of criminals through

technology and innovative police work. We must take an analytical look at the

impact on the prison and jail population on our societal structure as a whole, and

determine the most effective routs to rehabilitation and reintegration for those who

are amenable. This will enhance the structure of our communities, reinforce familial

integrity, and in theory, reduce crime. We must engage our community leaders and

members in direct, honest and open communication to foster trust. Although there

will be barriers, engaging those who truly believe in the value of communities and

the village mentality and putting pressure on politicians and administrators to

provide funding for rehabilitation and restructuring of our system is the first step to

improvement. As with anything, solid, informed leadership and unbiased and open

communication between invested entities is the foundation for productivity. In the

age where anything is possible, safe and thriving communities must be a priority for

American society. Fortunately, we have a dedicated system of invested individuals,

our protectors, our law enforcement officers, who continually strive to improve the

quality of live for those they are sworn to protect and serve.
(1) Coalition Against Insurance Fraud, By the Numbers: Fraud Statistics,
http://www.insurancefraud.org/statistics.htm#1
(2) National Institute on Drug Abuse, The Science of Druga and Addiction series,
https://www.drugabuse.gov/publications/finder/t/130/Illegal%20Drugs
(3) California Penal Code 2015, Section 646.9
(4) L.A Times Article: N. Hollywood Man Charged in First Cyber-Stalking Case,
1/22/99, authors Greg Miller and Davan Maharaj
(5) Congressional Research Service, Organized Crime: An Evolving Challenge for
U.S. Law Enforcement, authors Jerome P. Bjelopera and Kristin M. Finklea,
01/06/12
(6) Bureau of Justice Statistics Special Report, August 2008, NCJ 222984, U.S.
Department of Justice Office of Justice Programs, Parents in Prison and Their
Minor Children, Lauren Glaze and Laura Maruschak, BIJ Statisticians
(7) UCI News, Parental incarceration linked to health, behavioral issues in
children, 08/18/14, http://news.uci.edu/press-releases/parental-incarceration-
linked-to-health-behavioral-issues-in-children/
(8) Substance Abuse and Mental Health Services Administration (SAMHSA),
Criminal and Juvenile Justice report, http://www.samhsa.gov/criminal-juvenile-
justice
(9) SAMHSA Treatment Episode Data Set report, 03/03/11, Center for Behavioral
Health Statistics and Quality
(10) San Diego Sheriffs Department, http://www.sdsheriff.net/index.html
(11) DEPARTMENT OF JUSTICE REPORT REGARDING THE CRIMINAL
INVESTIGATION INTO THE SHOOTING DEATH OF MICHAEL BROWN BY
FERGUSON, MISSOURI POLICE OFFICER DARREN WILSON, 03/04/15