Lore Enforcement . . .: The Need to . . . “Make American Justice Relate Again.”

By Giles Casaleggio

In an effort to obtain research material for this book, I searched for a source that might provide a fresh perspective on the evolving effects of criminal justice services on various population groups within the United States. I considered interviewing individuals experiencing widely publicized negative interactions with policing agencies, such as members of the American underclass descended from conditions of involuntary servitude and those multilingual groups derived from foreign immigration or those who seek asylum. Instead, however, I chose to express the reflections of a retired veteran of law enforcement whose ethnic identity is not often considered as that of an oppressed minority. Although they were the earliest of observers of the institution of European law and order in America, Native Americans are rarely popularized as the recipients of police injustices. Similarly, their contributions to American law enforcement are rarely acknowledged. Securing the valuable insights, criticisms, and recommendations of a qualified Amerindian law enforcement observer and practitioner, such as Captain Manitouabewich, has been enlightening and stimulating.

• Language: English
• Publisher: Xlibris US
• Release date: Aug 1, 2018
• ISBN: 9781984544223

Book preview

Lore Enforcement . .

. the need to …

"Make American Justice

Relate Again."

Giles Casaleggio

Copyright © 2018 by Giles Casaleggio.

Library of Congress Control Number:           2018909052

ISBN:               Hardcover               978-1-9845-4420-9

                         Softcover                  978-1-9845-4421-6

                         eBook                       978-1-9845-4422-3

All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the copyright owner.

This is a work of fiction. Names, characters, places and incidents either are the product of the author’s imagination or are used fictitiously, and any resemblance to any actual persons, living or dead, events, or locales is entirely coincidental.

Any people depicted in stock imagery provided by Getty Images are models, and such images are being used for illustrative purposes only.

Certain stock imagery © Getty Images.

Rev. date: 08/03/2018

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CONTENTS

Introduction

Chapter 1 What is wrong with the status quo?

Chapter 2 Rejecting Obsolete Traditions

Recruiting and Promoting Diverse Personnel

Attracting Diverse Applicants:

Other Obsolete Information Gathering and

Operating Procedures

Local Police Powers vs. Constitutional Federalism

(Ignorance of The Law is no Excuse)

Chapter 3 The Recognition of Scientific Criminal Justice Data

Chapter 4 Broadening The Educational Prerequisites for The

Modern Law Enforcement Officer

Exercise #3 in Genetics and Ethnic Profiling, True

or False?

Chapter 5 Examples of Innovative, Non-Traditional Successes

More Militaristic Recruiting and Training:

Charleston, South Carolina:

Office of Strategic Services (OSS):

Colombian Control of Drug lords:

State of New Jersey and New York City:

Elected or Appointed Chief Law Enforcement

Officers?

China’s Novel Method of Crime Prevention:

Chapter 6 Mobilizing Civilian Crime Control Resources

Arming Private Citizens Under Second

Amendment Authority:

Protecting Educational Institutions

Crime Prevention Programs For The Public:

The Modern Political Realities of Self-Defense:

Chapter 7 Adjusting To The Demands of Modern Society

Exploring The Negatives Related To Police

Automobile Patrol

Has The Value of the Marked Police Cruiser

Diminished?

Reducing Police Alienation From The Public:

Enforcing Marijuana laws:

Police Weapons:

Identifying The Law Abiding:

Addressing Police Misconduct:

Protecting Disadvantaged Addicted Populations

Addressing Driving Under The Influence of

Intoxicating Substances.

Decentralized Policing

Legalistic Style

Watchman Style

Service Style

The advantages of Police Centralization:

Chapter 8 A Discussion of Principles Applicable to Critical and Lateral

Thinking

Chapter 9 A Discussion of Offender Profiling and Crime Control

Statistics

Chapter 10 The Study of Genetics and Ethnicity

Chapter 11 A Basic Understanding of American History, Exercise

#4: Law and Civil Rights

Chapter 12 A Discussion of The History of Law and Civil Rights in

America related To Exercise #4

Appendix

To The Reader:

In recent years modern law enforcement has suffered from a lack of public trust and confidence which may be attributed to its preoccupation with the policing practices of the past. Problems such as racial profiling, unprofessional leadership, lack of innovation, decentralized command, nepotism and narrow recruiting policies persist. This book examines the radical ideas of a non-traditional veteran of law enforcement who sees the need for a drastic transformation of our criminal justice system and the possibility of introducing alternative practices which conform to the needs of our contemporary society. While American law enforcement has been one of the institutions most resistant to reformation, current social conditions may provide a climate in which change is inevitable. Included are four testing exercises designed to identify those candidates or current practitioners suitable for law enforcement service in the 21st century.

While I encourage everyone to consider the new approaches suggested in this book, I must caution readers not to accept them without creative skepticism. In a fast-moving technological world, problems change and new answers emerge instantaneously. The ultimate goal than must be to encourage those responsible for the administration of our justice system to open their minds to the consideration of new approaches. As Albert Einstein has written the measure of intelligence is the ability to change.

Other books written by Professor Casaleggio:

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Magistrate of Mobsterville, 2017

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Management Methods of The Mafia, 2013

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Introduction

In an effort to obtain research material for this book I searched for a source which might provide a fresh perspective on the evolving effects of criminal justice services on various population groups within the United States. I considered interviewing individuals experiencing widely publicized negative interactions with policing agencies such as members of the American underclass descended from conditions of involuntary servitude and those multilingual groups derived from foreign immigration or asylum seeking. Instead, however, I chose to express the reflections of a retired veteran of law enforcement whose ethnic identity is not often considered as that of an oppressed minority. Although they were the earliest of observers of the institution of European law and order in America, Native Americans are rarely popularized as the recipients of police injustices. Similarly their contributions to American law enforcement are rarely acknowledged. Securing the valuable insights, criticisms and recommendations of a qualified Amerindian law enforcement observer and practitioner, such as Captain Manitouabewich, has been enlightening and stimulating.

Retired Police Captain Mahis Manitouabewich’s unique family background inspired him to view the accepted traditions of American law enforcement with a critical eye. Even as a young man he dreamed of innovative tactics which could be employed to make law enforcement more efficient and user-friendly. Mahis had been brought up in the Mohawk Indian reservation on the border of New York State and Canada. His ancestry was of a very diverse Native American mixture of ancestors who struggled to survive intense conflict even prior to the European conquest of the Northeast Woodlands of New England and Canada. His father was of Huron and Algonquin Heritage and his mother’s family had emigrated from the Micmac lands of Nova Scotia. Although designated as Mohawk, the St. Regis reservation had adopted a mixture of various displaced Native American tribes through the centuries. The community was now a sanctuary for an alienated population straddling the border of New York, Québec and Ontario.

St. Regis Reservation is located on the northern border of New York near The St. Lawrence River and stretching into Canada.

It’s residents refused to identify with American or Canadian law or national borders and moved freely between nations defying both border patrol authorities. The importation of illegal narcotics and undocumented aliens was a major concern of the New York State police and alcoholism was a major epidemic within the reservation. Despite this backdrop, Manitouabewich had advanced his intellectual and career objectives beyond the expectations of his peers.

He was able to progress in his education through scholarships in the sport of lacrosse which eventually resulted in a bachelor’s degree in anthropology from State University of New York in Potsdam, a master’s degree in social science from Clarkson University and a doctorate in public administration from Saint Lawrence University. A historic violent standoff in 1989 with the New York State Police at the border of his reservation caused Mahis to explore the possibility of a career in law enforcement where he thought he might inspire more progressive and diplomatic tactics in policing diverse populations.

Having studied the experiences of a New York City police officer named Frank Serpico, he knew that bringing any change of direction to modern police agencies was likely unachievable. Despite this, in 1990, he successfully completed the courses of study at the New York State Police Academy and returned to his reservation to join The St. Regis Mohawk Tribal Police where he was to become it’s police instructor and later promoted to Captain.

As a sovereign nation the Mohawk tribe maintains a tribal police force and court system.

After 25 years of service, Manitouabewich retired from law enforcement extremely disappointed with his failure to inspire more innovative training for law enforcement personnel. He believed that an increased concentration in science and liberal arts studies was required to transform modern law enforcement from its past practices of racial profiling, brutality and abuse of authority. He insists that many changes are crucial in order to restore the public confidence in policing and the entire criminal justice system. Perhaps the 20,000 year old American Heritage of his ancestors make him uniquely qualified to express his opinions concerning the direction taken by law enforcement in modern times.

In this book I have recounted, as a result of my interviews and research, the opinions regarding a system of law enforcement which he has observed from within for over 25 years. While many of his ideas seem radical or harsh, he urges us to consider them in light of the revolutionary social changes occurring in our nation. His motto, as expressed in the title of this book, is make American justice relate again. His doctrines represent the entire content of this book and begin as follows:

Throughout the ranks of the largest police department in the United States, the title of the profession is pronounced with a sharp New York City dialect. In that dialect the sound lore is often applied to the pronunciation of the word law when used in the phrase law enforcement. Ironically, lore has a significant effect upon the daily operations of most American policing agencies. The concepts of offender profiling and the suspicious hunches of veteran officers might be described as replying upon historic folklore. From this intersection of dialectic pronunciation of the word law and then allegiance to historic traditions of predecessors comes the title Lore Enforcement. To this day, modern justice agencies remain encumbered by the historic traditions of the past two centuries. Unfortunately, their procedures still reflect many of the system’s stereotyping fables.

The New York City Police Department still retains an allegiance to historic traditions.

Several years ago a police officer made eye contact with a young black man with a prior criminal record. For whatever reason, the offender ran and was chased down by police officers who recovered an illegal knife in his possession. Pursuant to his arrest he was placed unrestrained in a police van where he sustained a life-threatening spinal injury as the van proceeded to police headquarters. His death provoked violent racial protests throughout the city.

The struggles of police with racial incidents began in the United States in the early 1700s when fear of black slave insurrections plagued the white residents of antebellum America. Prior to the Civil War a major portion of law enforcement resources were directed toward the control of slaves and free Blacks. Many of the platitudes of modern policing share an ancestral relationship to these times. 1704 saw the origination of the first organized slave patrols which were supported by statutory authority in the mid-1700s. In South Carolina, for example, the Negro act of 1740 was such authority. Due to incidents occurring in the Caribbean, the white residents of Southern States feared slave escape and insurrection leading to the first compensated police patrols. The authority of these patrols extended to a emancipated black citizens who were required to wear numbered identification badges and retain white guardians.

Early in United States history, slavery provided the basis for the organization of many police forces.

Coincidentally, during that period, the State of Maryland was slave state. The history of slave patrols, which were nicknamed Paddy’s Bulldogs or Paddy Rollers, has an ironic connection to the Freddy Gray incident. The police van in which Gray sustained his fatal injury has been referred to as a paddy wagon. Although most layman connect the nickname of this police vehicle to the transport of intoxicated Irishmen, it’s actual heritage is far more disturbing.

To African-Americans the modern paddy wagon is reminiscent of the institution of slavery.

Since law enforcement has never been described as a melting pot of diverse individuals or ideas, it’s standard practices endure for extended periods of time. Contributing to the stagnation is the fact that similar to the fire department, the same family units continue to provide a large percentage of its applicants. The Irish achieved dominance in New York City’s Police Department through affiliations with a corrupt political institution known as Tammany Hall almost two centuries ago. From its beginnings in the 1800s, Irish Catholic populations remain throughout the ranks with a few African-American or Asians participating for various reasons. Since cultural identities have remained consistent for decades there has been little emphasis upon changing historically utilized procedures. While the values and relationships within law enforcement follow the traditional habits of their ancestors, the society that they have the responsibility of protecting has changed drastically both culturally and demographically.

Personal relationships have been surpassed by virtual associations and telephone texting. The family unit of today no longer resembles the Norman Rockwell images of the past. Gay, lesbian, transsexual and single-parent households are commonplace. Even more traditional family units find both members employed full-time while extended day care and Pre-K provides the parenting. The emergence of thousands of inner-city street gangs and millions of undocumented aliens strains the resources of our government. Cyber inspired terrorists provide a constant threat to civilized organized public events and the opioid addiction epidemic provides an overwhelming number of emergency calls.

Within this social