Abstract

Policing,just like all other professionals, constructs its proficiency fromexperiences of police history (Kelling &amp Moore, 1989, p. 1). Itfollows, then, that as current police administrators scour theenvironment for more operational policing strategies, they will beguided by the lessons learned from policing history. This essaypresents an interpretation of the history of police that may beinstrumental in helping police chiefs consider future alternativeapproaches to policing. In deliberating the historical perspective ofpolicing, this essay will utilize the concept of corporatestrategyas a lens through which it will describe the various policingorganizations. &quotCorporatestrategy&quotas an analytical framework, divides this essay into three differenteras the political era, the reform era and the communityproblem-solving era. The various era classifications are based on theelements of police organization tactics during each particularperiod.

PoliticalEra

Accordingto Rolle (2013), many historians make a description of thecharacteristics of the United States` early policing as a tusslebetween the gratifications of the interests of various groups togovern the cops. The &quotpolitical era&quot is so named becausethis period was dominated by close ties between politicians and thepolice, dated back to the 1840`s after the institution of the policeinto municipalities (p. 110). The subsequent section of this paperdiscusses the elements of the police organizational strategies usedduring the political era.

Authorizationand legitimacy

Worralland Schmallager (2013) perceptively state that the police in EarlyAmerica were approved by local municipalities. The American police,unlike their English counterparts, lacked the central authority toestablish a unifying and legitimate mandate for their policingenterprise. Instead, as Worrall and Schmallager (2013) continue toexplain, the police derived their resources and authorization fromlocal ward politicians. Their relationship was reciprocal in nature:political frontrunners employed and maintained police in office andin return, the police aided the political leaders to maintain theirpositions by encouraging citizens to cast their votes for them,discourage them from voting for other politicians and sometimesrigging elections in their favor (Rolle, 2013, p. 112).

Policefunctions

Despitethe close connection between political elites, the police during thisera provided a wide array of services to the citizens. Kelling andMoore (1989) specify that the police were involved in the regulationand maintenance of order, crime prevention and they also availed anextensive diversity of social services. The police in the 19thcentury also provided lodging to immigrants and worked closely withpolitical leaders in finding employment for them (p. 3).

Organizationaldesign

Owedto the fact that the United States in the 19th century was dividedinto precincts and wards, police departments were decentralized eventhough there was a clear chain of command. The police, workingclosely with politicians, hired, assigned, managed and fired ward andprecinct employees as they deemed appropriate (Worrall &ampSchmalleger, 2013). Consistent with their obligatory duties, thepolice emphasized both political and citizen satisfaction with theirservices.

Principaltechnologies and programs

Itis the view of Kelling and Moore (1989) that most police officers inthe political era walked the beat and dealt with disorder, crime andother societal problems as they were guided by precinct supervisorsand citizens or as they arose. The technological tools of tradeavailed to the police in the 19th century were inadequate, butpolicing work was considerably upgraded with the introduction of callboxes (p. 4). Later, early automobiles became available to thepolice, after which they increased the range, but not the mode, ofpolice patrols (Rolle, 2013, p. 114). Consistent with theirobligatory duties, the police emphasized both political and citizensatisfaction with their services.

TheReform Era

Rolle(2013), notes that corruption had sprouted out of the closeness ofthe community, political leaders, and the police. The 19th centuryattempts by civilians to restructure police organizations by applyingexternal pressures to end corruption failed. However, the20th-century attempts by internal and external forces shaped thecontemporary policing as we presently know it throughout the 70`s(Worrall &amp Schmalleger, 2013). The reformers’ argument toexclude political influence from policing was so resilient thatpolice departments became one of the most self-governing publicorganizations in the federal government (Rolle, 2013, p. 118). Undersuch conditions, policing a city became a technical and legal matterleft to the discretion of professional police chiefs under the strictsupervision of the law (Rolle, 2013). Following are the elements ofthe police organizational strategies employed during the reform era

Authorizationand legitimacy

Kellingand Moore (1989) observe that reformers viewed political involvementas the cause of the problem in American policing. They moved inunison to cut the close ties between police and local politicalleaders. In some states, policing regulation was abrogated by thefederal government. For instance, the position of police chief in thestates of Cincinnati and Los Angeles became a civil service position(p. 6). In other states, like Philadelphia, it became unlawful for apatrol officer to reside in the beats they patrolled. All thesechanges were implemented to isolate politics and policing. Law,particularly police professionalism law and criminal law, wereinstituted as the fundamental basis of police legality (Worrall &ampSchmalleger, 2013).

Policefunction

Rolle(2013) observes that since the focus was placed on criminal law asone of the primary sources of police legitimacy, the police in thisera narrowed their functioning to crime regulation and feloniousapprehension. Policing agencies metamorphosed into law enforcementagencies (p. 121). Their principal actions were to use criminal lawto deter and apprehend lawbreakers.

Organizationdesign

Theorganization of policing in this era reflects the classical theory ofadministration, advocated for by Frederick Taylor. This, as Kelling &ampMoore (1989) point out, posits that if tasks are broken intocomponents, workers can become highly skilled and, therefore, becomemore efficient in carrying out their contractual obligations (p. 8).As a result, individual units were created under the federalgovernment, unlike precinct command, further centralizing the controland command of the police. Moreover, police organizations accentuatedcontrol over workers through legitimate means of supervision,record-keeping, limited span of control and flow of instructions(Rolle, 2013, p. 121).

Principaltechnologies and programs

Itis the view of Worrall and Schmalleger (2013) that the main tactic ofthe police during this era was preventive patrol by rapid responseand automobile. The main reason for using vehicles was to increasethe areas police officers would patrol. Also, the police usedvehicles to match up to the criminals that had started using cars intheir sinister plots. Telephones and radios started becominguniversal police then became more accessible because the publicwould call upon them whenever they needed assistance. This era gavebirth to 911 (Rolle, 2013, p. 123).

TheCommunity Problem-Solving Era

Researchconducted during the 70`s suggested that one factor would help policeimprove their dealing with crime: information. If sensitiveinformation about criminals and crime could be obtained by the policefrom the citizens, virtually the patrol officer`s efficiency insolving a crime is improved (Kelling &amp Moore, 1989, p. 9).Findings on the connection between fear reduction and foot patrolcreated new occasions for the police to comprehend the security needsof citizens regarding gangs and crime. This problem-orientedmethodology was seasoned in many states including Wisconsin,Maryland, and Virginia, proving to be very useful (p. 10). Followingare the elements of the police organizational strategies employedduring the community problem-solving era

Authorizationand legitimacy

AsRolle (2013) argues, there is a reintroduced emphasis on community,along with professionalism and law (p. 123). The law is the primarylegitimating basis of the functions of the police. There is a cleardefinition of primary police powers, albeit it does not exhaustivelydirect police roles in negotiating conflicts, maintaining order orsolving community problems. However, the community or theneighborhood is required by the police to accomplish their tasks(Worrall &amp Schmalleger, 2013).

Policefunction

Asinitially indicated by Rolle (2013), the duties of the police broadenwithin the community strategy. Their roles include conflictresolution, order maintenance, solving problems and provision ofservices. The police, in consultation with the citizens, solveproblems, maintain order and resolve conflicts.

Organizationaldesign

AsKelling and Moore (1989) note, legislative decentralization isintrinsic in a community: the involvement of police in diagnosing andresponding to community problems is essential to push the tacticaloperations of the police in fighting crime. The existence ofcommunity police stations is a textbook example of decentralization(p. 12).

Principaltechnology and tactics

Communitypolicing strategies include problem solving, foot patrol, informationgathering, consultation, education, victim counseling anddoor-to-door programs (Rolle, 2013, p. 124). However, great emphasisis placed on information sharing between the police and the communityto increase the possibility of crime solution.

Conclusion

Inthis paper, I have proved that there are three policing strategiesthe political era, the reform era and finally the communityproblem-solving era. To carefully examine the scopes of policingduring these eras, I have used the concept of &quotorganizationalstrategy&quot. Personally, I believe this framework can be used notonly to describe the diverse styles of policing in the past and thepresent, but also to sharpen the comprehension of the policy makersof the future. According to Truman and Rand (2011), community-basedpolicing has majorly contributed to the decreasing number of crimespresently (p. 7). The rate of total violent crimes declined by 14% in2010, three times the average yearly decrease witnessed from2001-2009 (4%) (p. 9). In 2010, the property victimization rateshrank by 8% as compared to the average annual decrease of 3% asobserved from 2001 through to 2009 (Truman &amp Rand, 2011).Therefore, it is apparent that community-centered policing is thefuture of American Policing because thus far, it has proven to beoperative in the fight against crime and its perpetrators.

References

Kelling,G. L., &amp Moore, M. H. (1989). Theevolving strategy of policing,1-15. Washington, D.C.: U.S. Dept. of Justice, Office of JusticePrograms, National Institute of Justice.

Rolle,P. (2013). Community Policing. TheEvolution of Policing Worldwide Innovations and Insights,109-126. Retrieved March 18, 2016.

Truman,J., &amp Rand, M. R. (2011). Criminal Victimization, 2009. PsycEXTRADataset,1-18. Retrieved March 18, 2016.

Worrall,J. L., &amp Schmalleger, F. (2013). Policing.Boston: Pearson.

Abstract

CASE STUDY 10

Surveyorsare required by law to show the duty of care to their clients. Thisis to indicate that surveyors owe their client a duty of exercisingreasonable skill and care in regard to the matters over which he hasbeen instructed. The duty of care owed to the client may arise fromtwo sources one, where a surveyor serves a client under a contractand the surveyor expects a return in terms of fee from the client forthe services offered (White, 2002. Pp 84). The other source of dutyof care is the professional relationship amid the surveyor and theclient. This provides a rise to the duty of care in tort. Despitewhether there is a contract or not, the duty of care will arisebecause in case the surveyor knows or ought to know that a certainindividual will rely on his/her advice, he/she will owe thatindividual a tortuous duty of care (Abeynayake, 2010. Pp 27). Ininstance of negligence, a surveyor may be held liable for not usinghis/her skills as required, and in such an instance, a client mayrecover the cost of repair. The purpose of this report is to informhow such a client can recover the repair work cost and the form ofaction that the client needs to take.

CaseSummary

Inthe case under discussion, the Adams purchased a flat in the secondfloor from Global Reach Plc (landlord). The Global Reach Plc employedPearson LLP (a firm of architects) to carry out the design work inthe building where the Adams purchased the flat, while J.P.Contracting Plc (a firm of building contractors) was employed byGlobal Reach Plc to undertake the work. Mr Long (the seller of theflat) agreed to the terms offered by the Adams and the Adamsproceeded to arrange their finances, and since they needed a mortgagein purchasing the flat, they sought the funding from the Royal BankPlc. The bank approached James &amp Co LLP (a firm of surveyors) toinspect the property, which prepared a report informing the Adams topurchase the flat. After two years of living in the flat, the Adamsnoticed that there were creaks developing in the ceiling of thebedroom. These developed at a very fast rate making the Adams to seekthe services of a surveyor, who indicated that the ceilings had beenplastered with an insufficiently strong mix and that all the ceilingsrequired being re-plastered.

Dutyof Care

Whena surveyor knows or ought to know that someone is going to rely onhis advice, in this case the surveyor will owe a tortuous duty ofcare to the individual. Also, when a surveyor enters into a contractwith a client, he/she should know that he has a duty to work underhis/her skills in order to prevent the client from incurring extraliabilities. The contractual and tortuous duty of care can beexcluded or modified through using contractual terms as well asdisclaimers, but this has a given limit. Therefore, it is importantfor a building surveyor to ensure that he/she provides accurateinformation without dishonesty because he/she may end up being liableto the client because of offering inaccurate information.

Fromthe case, it is evident that James &amp Co LLP (a firm ofsurveyors), while they were sought by the Royal Bank Plc to carry outan investigation on the condition of the flat, they advised the Adamsto continue with the purchasing decision because they ascertainedthat everything was fine. As a surveying firm, James &amp Co LLPowes the Adams a duty of care. This is because the firm was hired bythe bank so as to offer their skills and knowledge of surveying basedthe condition of the flat, which the Adams wanted to purchase. Also,the bank relied on the information of the surveyor firm in decidingwhether to give funding to the Adams. Thus, in this case, thedecisions made by the Royal bank Plc and the Adams relied fully onthe investigations done by James &amp Co LLP. In case the firm ofsurveyors carried out their inspections and indicated the fault inthe building, then the Adams could not have purchased the flat.Therefore, the James &amp Co LLP owes a duty of care to the Adams.

Also,from the case, it is possible to question the professional duty ofcare. Professionals are required to carry out their responsibilitieswith reasonable skills acquired in their professionals as a means ofshowing care to the clients that they serve. In the case underconsideration, Pearson LPP (the firm of architects) did not show theprofessional duty of care since the firm did not carry out itsdesigning work appropriately as it can be shown by the reportcollected by the surveyor hired by the Adams. The same happens toJames &amp Co LLP since the firm did not offer the right informationconcerning the condition of the building that the Adams wasinterested in purchasing.

ContractualObligation to the Client

Theduties of building surveyors to the clients can be both regulated bystatutory obligations as well as the contractual terms of engagement(Uff, 2009. Pp 38). It can be recommended that surveyors shouldconsider carefully whether any required conduct within the terms ofengagement needed of surveyors fall outside the duties under theBuilding Act and Regulations (Ramsey, 2007. Pp 327). For instance,inspections are needed at mandatory notification stages and not atthe conclusion of progress payment periods. Thus, a contractualclause requiring a surveyor of building to carry out inspections forthe purpose of giving an occupancy permit falls under the dutiesprovided in the Building Act and Regulations. In case an inspectionfor the purpose of giving an occupancy permit is not done and later adefect in the building is noticed, which would have been noticed incase a building surveyor conducted an inspection, the buildingsurveyor can be indicated to be liable for breach of contract even ifthe inspection does not fall under the statutory obligation (Ramsey,2007. Pp 188).

Underthe case under consideration, JP Contracting Plc was the buildingfirm that was offered the job by the Global Reach Plc to ensure thatthe designing job of the building was done property. Under theBuilding Act and Regulations, JP Contracting Plc should have carriedout building inspection prior to issuing an occupancy permit, whichshould prove that the building was good for living (Furst et al.,2013. Pp 106). This is because the firm had been given theresponsibility of undertaking the work in the building. Since thefirm did not carry out an investigation to see whether the buildingwas good for occupancy, prior to the Adams purchasing the flat andmoving in, the firm can be held liable for the breach of contractoffered by the landlord.

HowThe Adams Might Recover The Cost of The Repair Work and Any Loss ofValue To The Flat

Inorder to recover the cost of repair work for the ceiling and any lossof value to the flat, it is important for the Adams to enquirewhether there is negligence resulting from the professional duty ofcare. Once the couple discover that there is negligence resultingfrom professional duty of care, they need to go ahead and apply for aclaim. Furthermore, of importance before applying for a claim is tounderstand the time limit, when they need to apply for the claim(Lovattet al., 2012. Pp 94).In the case of the Adams, the number of years that have elapsed sincethey discovered a fault in the building is only two years. In most ofthe professional negligence cases, the time limit from the date ofnegligence is usually six years. However, this may be extended insome cases because negligence may sometimes not be evident untillater (Mann et al., 2012. Pp 74). Therefore, it is always good forthe Adams not to stay for a long time before they apply for a claimsince the negligence in their case does not have to take a lot oftime to become revealed. Hence, once they discover the professionalnegligence in their situation, the Adams should go ahead and applyfor a claim so as to recover the cost of the repair work as well asany loss associated with the flat.

WhoMight be Liable for the Adams Loss

Itis first of all important for the Adams to establish who is liablefor their loss. From the case, it is evident that the seller of thebuilding and the Adams already agreed to the terms of sale. However,since the Adams desired to purchase the flat through seeking amortgage, they had to go through the bank. It was through themseeking the mortgage that the bank requested for survey services fromJames &amp Co LLP. Upon the surveyor firm carrying out theirinvestigations, they indicated that the flat was okay and made theAdams to continue with their decisions of purchasing the flat. Incase the surveyors from James &amp Co LLP carried out their job ofinvestigations well, the company would have offered an accuratereport that would have prevented the Adams from engaging inpurchasing the flat. However, because of neglecting the duty that thefirm has in providing clients with adequate and accurate information,the firm offered inaccurate information that made the Adams to goahead with taking the mortgage and buying the flat. Therefore, thelast decision of buying the flat lied with James &amp Co LLP. Sincethis firm of surveyors provided inaccurate information, it can beargued that this is the firm that is liable for the Adams loss.

Formof Action the Adams Should Take

Itis necessary for the Adams to know the form of action that they needto take emanating from professional negligence because this wouldhelp the couple in recovering their loss within a short time, andhelp them use less resources in recovering the loss. The form ofaction that the Adams should take is to first of all inform the James&amp Co LLP firm concerning the issue of their professionalnegligence. This would offer the James &amp Co LLP firm anopportunity to review the issues and try to find ways of dealing withthe issue put before the firm. In case the firm does not resolve theissue, the Adams should go ahead and report the issue to aprofessional organization in this case, they should report the issueto Society of Construction Law. This would help the professional bodyto act as an arbitrator amid the Adams and the firm of surveyors(James &amp Co LLP). Furthermore, in case the Adams are notsuccessful this far, they should seek the services of the court(Fortuneet al., 2000. Pp 126).This would help in resolving the issue completely. In case one of thedefendants is insolvent or has gone out of business, it is alwaysgood to hear the decision of the court and adhere to it.

Inconclusion, from the case, it is evident that the seller of thebuilding and the Adams already agreed to the terms of sale. However,since the Adams desired to purchase the flat through seeking amortgage, they had to go through the bank. It was through themseeking the mortgage that the bank requested for survey services fromJames &amp Co LLP. Upon the surveyor firm carrying out theirinvestigations, they indicated that the flat was okay and made theAdams to continue with their decisions of purchasing the flat. Thus,James &amp Co LLP is liable in the case and the Adams should followthe best form of action that would work for them.

ReferenceList

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Furst,S., Ramsey, V., Hannaford, S., Williamson, A., Uff, J., &ampKeating, D. (2013), Keatingon construction contracts,London, Sweet &amp Maxwell/Thomson Reuters.

Lovatt,C., Smith, E. B., &amp Farrer &amp Co LLP. (2012), Constructionlaw &amp practice: Jurisdictional comparisons,London, Sweet &amp Maxell.

Mann,R. A., Roberts, B. S., &amp Smith, L. Y. (2012), Smith&amp Roberson`s business law,Mason, OH, South-Western Cengage Learning.

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Uff,J. (2009), Constructionlaw: Law and practice relating to the construction industry,London, Sweet &amp Maxwell.

White,N. J. (2002), Principlesand practices of construction law,Upper Saddle River, N.J, Prentice-Hall.