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Study of Law Enforcement Committee on the Administration of Justice in the Commonwealth of Kentucky

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Study of Law Enforcement Committee on the Administration of Justice in the Commonwealth of Kentucky Kentucky Law Journal Volume 52 | Issue 1 Article 1 1963 Study of Law Enforcement Committee on the Administration of Justice in the Commonwealth of Kentucky W. L. Matthews Jr. University of Kentucky John B. Breckinridge Committee on the Administration of Justice in the Commonwealth of Kentucky Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Law Enforcement and Corrections Commons, and the State and Local Government Law Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation Committee on the Administration of Justice in the Commonwealth of Kentucky; Matthews, W. L. Jr.; and Breckinridge, John B. (1963) "Study of Law Enforcement," Kentucky Law Journal: Vol. 52 : Iss. 1 , Article 1. Available at: https://uknowledge.uky.edu/klj/vol52/iss1/1 This Special Feature is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. Foreword This study of law enforcement reflects a genuine concern for improvement in the administration of justice in Kentucky on the part of many persons and groups. Every person bearing professional responsibility in the areas touched by the study should give considered attention to all parts of the report. It should serve also as a basic document for those who may propose specific re- forms and those who may be called on to evaluate or implement immediate changes in policy and procedure. In breadth and depth the study is of more than local interest and is entitled to more than transitory impact. It should be of value in providing background and context for the resolution of law enforcement problems beyond Kentucky, wherever they may exist in a chang- ing society. For all the reasons mentioned, publication of the study as a regular issue of the Kentucky Law Journal is in the public interest. In this form the report will be distributed widely within Kentucky to the officials, agencies, and institutions now func- tioning in law enforcement. At the same time it will become a part of the permanent literature having to do with the administration of justice generally and will be available in all of the major libraries and centers for legal and governmental research through- out the nation and abroad. The University of Kentucky College of Law and the editorial staff of its law review are pleased to provide this study with a publication worthy of its content and merit. W. L. MATTHEWS, JR., Dean College of Law Foreword On the 1st of May, 1961, the Committee on the Adminis- tration of Justice in the Commonwealth of Kentucky held its or- ganizational meeting and authorized the conduct of a study of the Office of Attorney General, including its relation to state agencies, local officials, courts and the public. That report was published in February of this year as a Special Issue of the Ken- tucky Law Journal, being Volume 51, Special Issue, 1963, No. 5. The Committee, in recognition of the importance of law enforcement at both the state and local levels of government and the paucity of an organized body of literature having to do with the subject in Kentucky, subsequently approved the preparation of a companion report concerning other law enforcement offices and agencies in the Commonwealth. The most casual review of these two reports discloses the happenstance nature of the structure of the Commonwealth's law enforcement offices and agencies and the frustrations im- posed thereby on the orderly administration of justice. With roots extending back into England's medieval past, and a pro- liferation of new duties, responsibilities, departments, commis- sions, agencies and relationships at all governmental levels to meet the complex conditions existing in our highly mobile society, during an era of nationally organized vice and crime which knows no political jurisdictional boundaries, it is abundantly apparent that a major re-tbinking and reorganization of the state's law enforcement structure is a matter of the highest priority. If it is true that "everybody's business is nobody's", then and to that extent, the administration of justice appears to be no one's responsibility in Kentucky. It is to be hoped that the committee might continue its very useful function by the prepara- tion and publication of an additional study, properly a part of this series, which would examine in detail Kentucky's judicial system as well as the offices of city, county and Commonwealth attorneys. Steps have been taken to contact various foundations for the purpose not only of underwriting the completion of the parallel study undertaken by the National Association of Attorneys Gen- eral of that office, but also to permit the preparation of hand- ,books for Kentucky on such matters as ,law enforcement officers duties, powers, and responsibilities; arrests, search and seizure; and training manuals and courses for law enforcement officer's training institutes. We are continuing to explore the possibility of raising the necessary funds for these purposes, and trus that they may ultimately be forthcoming because of the importance of the projects involved. Many people have cooperated&in furmishing information and reviewing drafts for this study. Most of Kentucky's sheriffs, police chiefs, and state agencies replied to detailed questionnaires, which constitute a major basis of the information to be found herein. Many also furnished information through interviews and corre- spondence. While it is not possible to acknowledge each of the hundreds of contributors, both in and out of the state, the names of many are found in the footnotes throughout the report. A number of members of the Department of Law also participated. Assistant Attorneys General John B. Browning, Ray Corns, Walter C. Herdman, Ronald M. Sullivan and Joe Nagle reviewed those portions of the report which concerned their chief areas of activity and supplied information. Assistant Attorney General Robert L. Montague, III, reviewed the entire report and made many helpful suggestions. Three law clerks employed by the Department of Law in 1962, Jefferson V. Layson, William P. Snyder, and George E. Stigger, collected much of the initial material and prepared preliminary drafts. Mrs. Patton G. Wheeler, Research Analyst for the Depart- ment has been directly responsible throughout the course of the study for its preparation, editing and final publication, with assistance of Mr. Thomas W. Bunch, Legal Aide. JOHN B. BRECKINRIDGE, CHAIRMAN Committee on the Administration of Justice in the Commonwealth of Kentucky December, 1963 I. Introduction Law enforcement is one of the chief functions of any govern- ment and is of vital concern to all citizens. Our structure for law enforcement involves all levels of government and reflects the development of American society. Elective local officers, such as the sheriff and constable, were part of colonial govern- ments. City police were established as the population became increasingly urban. State police are a recent development, established initially to help meet the problems of modem traffic. Some federal police agencies are as old as the nation, while others were created to meet modem problems. Law enforcement is also a function of various state agencies, some of which are given police powers in regard to particular laws. New law enforcement problems have often required the development of new govern- mental agencies or the assumption of new duties by the traditional officers. Surprisingly, there has been little systematic study of police systems. Considerable attention has been devoted to law en- forcement efforts in such areas as traffic control, juvenile delin- quency, and organized crime, and developments in these areas are of interest to citizen and specialist alike. Less interest has been shown in problems of police organization, relationship be- tween law enforcement units, training and professional develop- ment, and in the wide range of traditional police duties. The role of county officials is seldom studied, although they play a major part in law enforcement. Agencies and functions have continued to expand without any analysis of the overall structure. One expert points out that the variety and complexity of police forces makes their description difficult: Our so-called [police] systems are mere collections of police units having some similarity of authority, organi- ,zation, or jurisdiction; bu~t they lack any systematic relationship to each other. Some police forces trace their origins back to Anglo-Saxon institutions and persevere today chiefly as relics of the past, without any real current use or value. Others have come into existence as a consequence of the rise of great cities, and more recently KENTUcKY LAw JouRNAL [Vol. 52, in response to the challenge of organized crime or modem traffic hazards throughout wide rural areas. A few, in- cluding certain of the federal police agencies, have been created as mere convenient instrumentalities for the aid of other functions of government, or because federal criminal jurisdiction had expanded to a point where specialized police appeared to be necessary.' This study attempts to describe and analyze Kentucky's state and local law enforcement officers in terms of their history, their powers and duties, and their role in modem crime control. CONSTITUTIONAL STRUCTURE FOR LAW ENFORCEMENT Kentucky's constitution provides in detail for local govern- ment including the structure of the judicial system and law en- forcement officers. The General Assembly may create, divide, or consolidate counties, subject to certain restrictions.2 It may not enact special or local legislation.' The constitution, however, provides that cities and towns shall be divided into six classes, based on population, and that laws shall be enacted defining the organization and powers of each class.4 This has made possible some flexibility in the organization of municipal local government.
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