The Theoretical Research Of The American Decentralized Police System

The police system is the system which contain police organizational structure, police power and functions. It is relevant to history, politics, economy, culture, physical geography and many other factors of one country. And in all of the factors, the most important one is political system of the country. The United States of America is a federal state, its political system belongs to the type of bourgeois democracy which has 3 branch government and checks and balances. Therefore, the American police system is typically decentralized. First, this article introduces the principle of separation of powers in the Constitution of The United States, the reasons and performances of Federal System of division of Powers. Then, it talks about the organizational structure, the power and the functions of the American police systems. On this basis, we analyse how the principle of separation of powers influences in police system. Meanwhile, we analyse the new development tendency of the American police system which is based on the influence of the terrorist attacks and community policing. Lastly, we make the objective judgement on the police system.The arrangement of the article and the main content are as follows:Chapter 1 is the general description of the principle of separation of powers. The meaning of the principle of separation of powers contains two parts, one is the separation of the executive, legislative and judicial powers, the other one is the separation of the powers of the federal government and the state government. The background of the establishment of the principle of separation of powers contains the influence of doctrine of separation of powers, colonial domination by Britain, the situation before the foundation of the U.S.A and the lessons learned from the "confederation regulations". Then we list the sections of the constitution which are relevant with the principle of separation of powers. Chapter 2 is about the American decentralized police system. There are federal police departments, state police departments and local police departments. The police power is restricted by law. And the police functions include providing services, administering laws and preserving order. Chapter 3 is the analysis about the influence to the police systems which is from the principle of separation of powers. According to the principle of separation of powers, American governmental powers are divided into different parts horizontally and vertically. And the division of powers between federal and state governments is the key point in this article. The influence is reflected in relationship and division of the governmental power between the federal government and the state governments, the principle that the federal laws have the supreme legal authority. Chapter 4 is the analysis about the new development tendency of the American decentralized police system. Because of the necessaries of Anti-terrorism, investigating drug smuggling and function expanding of the federal government, the police system present unitive development tendency. But be effected by the community policing, the power of local police departments is divided further. Chapter 5 is the judgement to the American decentralized police system. The advantages are obvious. The police power is ruled by law, the functions are clear, and people's demands are valued. There are also some disadvantages. The extent of jurisdiction may be overlapped, police departments between different hierarchies and different areas can't collaborate in harmony, the work is ineffective.