Cincinnati Personal Injury Lawyer

* Adam “Pacman” Jones: Pacman of Tennessee was suspended for the 2007 NFL season and Chris Henry of Cincinnati for eight games recently. Police in Las Vegas recommended felony and misdemeanor charges against Jones after a fight and shooting at a strip club paralyzed one man.

* Chris Henry: Henry was arrested four times in a 14-month span, resulting in two benchings by coach Marvin Lewis and a two-game league suspension. He was one of nine Bengals arrested in nine months.

* John Amaechi: While numerous gay communities across the world are applauding the courage and effort that former NBA player, Amaechi displayed by coming out, rumor has it that he didn’t do it to make the type of statement delicately portrayed by the media. With a new book conveniently coming out, rumor has it that Amaechi needed a new way to bring in the money, and spilling the beans certainly got him the attention. It worked- he has now received a commercial endorsement of his own – the best publicity you could ask for.

* Ron Artest: Just as the NBA’s Artest has undergone bouts with the law, so have his dogs (but not by choice). Rumor has it that Artest starves his pooches when a Great Dane was rescued from his property after neighbors noted its poor condition. Records show that four of his dogs have spent more than 77 nights at the local pound.

* James Posey: Miami Heat’s Posey was arrested for DUI. When police pulled over the Heat player, they noticed that Posey had bloodshot eyes, slurred speech, smelled of alcohol and was unsteady on his feet and swayed while standing.

* Joey Porter: Porter’s pitbull and mastiff broke free from his property and recently mauled his neighbor’s miniature pony. As for himself, he is accused of punching Cincinnati Bengals offensive lineman, Levi Jones, when a casino Blackjack game got a little too heated.

* Tom Brady: While it may have seemed that Bridget Moynahan was the one for him, a couple months after their breakup, the attractive actress announced that she was indeed carrying Brady’s child. To make matters worse, he had already rebounded with supermodel, Gisele Bunchen.

* Lee Miller: Aberdeen UK soccer star Lee Miller dropped his shorts and mooned the Dundee United fans in frustration during a recent matchup!

* Kobe Bryant: Bryant has tried everything to clean up his image and let the past be the past. But recently, things have taken a turn for the worst. He’s been reprimanded for numerous fragrant fouls, which are having ESPN analysts scouring through his old tapes looking for flashes of this newly emerged bully mentality. Is he doing this on purpose to make a statement, or just playing a regular, intense game of hoops?

* David Beckham: Beckham and his Spice Girl wife, Posh, appear tired of the overseas scene and have made plans to join the LA Galaxy, but rumors are circulating behind the real reason for the move. Gossipers are led to believe that the recent reality show has something to do with the deal. Also, rumors exist that plagued with injury, Beckham truly longs for a new career in Hollywood instead of kicking the ball around.

* Jason Kidd: Despite a history of anger management classes and numerous calls to the police, rumor has it that Kidd’s wife has upgraded herself to the level of a stalker, using their children to get what she wants, while he claims he hasn’t laid a hand on her or cheated.

* Evander Holyfield: For once, we get a chance to see boxer gossip that doesn’t deal with Mike Tyson. As the witch hunt continues for superstar athletes who have a sordid past dotted with drug use (namely banned substances and steroids), recent news has arisen linking Evander Holyfield to a highly publicized Internet steroid case. Rumor has it that if convicted, he stands to lose his credibility in the KO corner.

* Gerald Sensabaugh: The Jacksonville Jaguars safety is in trouble with the law after being arrested for speeding his 2006 BMW throughout the roads of Tennessee while carrying a firearm without a permit.

* Michael Jordan: Jordan was recently fined $15,000 for making comments regarding Texas NCAA star, Kevin Durant. Just how far will Michael go to entice the coveted star to swing his way despite the rule that no one is allowed to speak to an underclassmen yet to declare for the draft. Can’t be any worse than Danny Ainge’s effort.

* Allen Iverson: Just when things were looking up for NBA bad-boy Iverson after he was granted a trade from the 76ers, his long-term marriage to his high school sweetheart has recently turned quite sour. Rumor has it that she has filed for divorce and is receiving counseling from a very influential source, who has made it her personal business to guide the young soon-to-be divorcee. None other than Miss Juanita Jordan (who filed divorce papers in 2006 from Michael Jordan) has made it her quest to show Iverson’s soon-to-be ex how to milk him for all he’s worth.

* Jerramy Stevens: With bloodshot eyes, the Seattle Seahawks tight end was stopped while driving through downtown Scottsdale because he appeared to be under the influence. He also had marijuana in his possession at the time of the arrest.

Once again, all parties are innocent until proven guilty, as the next batch of sports star tidbits of news unravels. To read about and explore some of the blunders of the world’s most talked-about superstars on the court, field, or beyond is one of the most enticing guilty pleasures for fans. Pro athletes never dissapoint the gossiper in all of us. One thing is for sure; there will always be a never-ending supply of headlines to dive into.

Originally published here.

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Jason Oconnor

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History
See also: History of criminal justice
Ancient world
Ancient China
Law enforcement in Ancient China was carried out by “prefects”. The notion of a “prefect” in China has existed for thousands of years. The prefecture system developed in both the Chu and Jin kingdoms of the Spring and Autumn period. In Jin, dozens of prefects were spread across the state, each having limited authority and employment period.
In Ancient China, prefects were government officials appointed by local magistrates, who reported to higher authorities such as governors, who in turn were appointed by the head of state, usually the emperor of the dynasty. The prefects oversaw the civil administration of their “prefecture”, or jurisdiction.
Prefects usually reported to the local magistrate, just as modern police report to judges. Under each prefect were “subprefects” who helped collectively with law enforcement of the area. Some prefects were responsible for handling investigations, much like modern police detectives.
Eventually the concept of the “prefecture system” would spread to other cultures such as Korea and Japan. Law enforcement in Ancient China was also relatively progressive, allowing for female prefects. Some examples of ancient Chinese prefects include: Chong Fu – prefect of the Ying District in the East Han Dynasty and Qing Tsao – prefect of the modern Shang-tung Province. An example of a female prefect would by Lady Qu of Wuding (serving 1531-ca. 1557).
Recent portrayals of prefects in modern popular culture include Jet Li portrayal of the nameless prefect in the movie Hero.
Pre-medieval Europe
Ancient Greece
In Ancient Greece, publicly-owned slaves were used by magistrates as police. In Athens, a group of 300 Scythian slaves was used to guard public meetings to keep order and for crowd control, and also assisted with dealing with criminals, handling prisoners, and making arrests. Other duties associated with modern policing, such as investigating crimes, were left to the citizens themselves.
Roman Empire
In most of the Empire, the Army, rather than a dedicated police organization, provided security. Local watchmen were hired by cities to provide some extra security. In Rome itself, the Urban Cohorts were responsible for law and order and acted as a dedicated police force. Magistrates such as Procurator Fiscals and quaestors investigated crimes. There was no concept of public prosecution, so victims of crime or their families had to organize and manage the prosecution themselves.
Before its decline, the Roman Empire had a relatively effective law enforcement system. Under the reign of Augustus, when the capital had grown to almost one million inhabitants, 14 wards were created; the wards were protected by seven squads of 1,000 men called “Vigiles”, who guarded against fires and served as nightwatchmen. If necessary, the Vigiles might call the Praetorian Guard for assistance. Beginning in the 5th century, policing became a function of clan chiefs and heads of state.[citation needed]
European development
Medieval England
The Anglo-Saxon system of maintaining public order since the Norman conquest was a private system of tithings, led by a constable, which was based on a social obligation for the good conduct of the others; more common was that local lords and nobles were responsible to maintain order in their lands, and often appointed a constable, sometimes unpaid, to enforce the law.
Spain
Modern police in Europe has a precedent in the Hermandades, or “brotherhoods”, peacekeeping associations of armed individuals, a characteristic of municipal life in medieval Spain, especially in Castile. As medieval Spanish kings often could not offer adequate protection, protective municipal leagues began to emerge in the 12th century against bandits and other rural criminals, and against the lawless nobility or to support one or another claimant to the crown.
These organizations were intended to be temporary, but became a long-standing fixture of Spain. The first recorded case of the formation of an hermandad occurred when the towns and the peasantry of the north united to police the pilgrim road to Santiago de Compostela in Galicia, and protect the pilgrims against robber knights.
Throughout the Middle Ages such alliances were frequently formed by combinations of towns to protect the roads connecting them, and were occasionally extended to political purposes. Among the most powerful was the league of North Castilian and Basque ports, the Hermandad de las marismas: Toledo, Talavera, and Villarreal.
As one of their first acts after the war of succession, Ferdinand and Isabella established the centrally organized and efficient Holy Brotherhood (Santa Hermandad) as a national police force. They adapted an existing brotherhood to the purpose of a general police acting under officials appointed by themselves, and endowed with large powers of summary jurisdiction even in capital cases. The original brotherhoods continued to serve as modest local police units until their final suppression in 1835.
Holy Roman Empire
The Fehmic courts of Germany provided some policing in the absence of strong state institutions.
France
The Gendarmerie is the direct descendant of the Marshalcy of the ancien regime, more commonly known by its French title, the Marchausse. During the Middle Ages, there were two Grand Officers of the Kingdom of France with police responsibilities: The Marshal of France and the Constable of France. The military policing responsibilities of the Marshal of France were delegated to the Marshal’s provost, whose force was known as the Marshalcy because its authority ultimately derived from the Marshal. The marshalcy dates back to the Hundred Years War, and some historians trace it back to the early twelfth century. Another organisation, the Constabulary (French: Conntablie), was under the command of the Constable of France. The constabulary was regularised as a military body in 1337. Under King Francis I (who reigned 1515-1547), the Marchausse was merged with the Constabulary. The resulting force was also known as the Marchausse, or, formally, the Constabulary and Marshalcy of France (French: conntablie et marchausse de France). During the revolutionary period, marshalcy commanders generally placed themselves under the local constitutional authorities. As a result, the Marchausse, whose title was associated with the king, was not disbanded but simply renamed gendarmerie nationale in February 1791. Its personnel remained unchanged, and the role remained much as it was. However, from this point, the gendarmerie, unlike the marshalcy, was a fully military force.
The first police force in the modern sense was created by the government of King Louis XIV in 1667 to police the city of Paris, then the largest city in Europe. The royal edict, registered by the Parlement of Paris on March 15, 1667 created the office of lieutenant gnral de police (“lieutenant general of police”), who was to be the head of the new Paris police force, and defined the task of the police as “ensuring the peace and quiet of the public and of private individuals, purging the city of what may cause disturbances, procuring abundance, and having each and everyone live according to their station and their duties”.
This office was first held by Gabriel Nicolas de la Reynie, who had 44 commissaires de police (police commissioners) under his authority. In 1709, these commissioners were assisted by inspecteurs de police (police inspectors). The city of Paris was divided into 16 districts policed by the commissaires, each assigned to a particular district and assisted by a growing bureaucracy. The scheme of the Paris police force was extended to the rest of France by a royal edict of October 1699, resulting in the creation of lieutenants general of police in all large French cities and towns.
After the French Revolution, Napolon I reorganized the police in Paris and other cities with more than 5,000 inhabitants on February 17, 1800 as the Prefecture of Police. On March 12, 1829, a government decree created the first uniformed police in France, known as sergents de ville (“city sergeants”), which the Paris Prefecture of Police’s website claims were the first uniformed policemen in the world.
Britain and Ireland
Mounted officer of the British Metropolitan Police, the first modern police force
In England a system of sherriffs, reeves, and investigative “juries” had developed under the Anglo-Saxons to provide basic security and law enforcement.
After the Norman conquest, these institutions remained though their roles changed. Sherriffs in particular were responsible for keeping law and order, although they were responsible to the king and represented his interests.
In the United Kingdom, the development of police forces was much slower than in the rest of Europe. The British police function was historically performed by private watchmen (existing from 1500 on), thief-takers, and so on. The former were funded by private individuals and organisations and the latter by privately-funded rewards for catching criminals, who would then be compelled to return stolen property or pay restitution.
In 1737, George II began paying some London and Middlesex watchmen with tax moneys, beginning the shift to government control. In 1750, Henry Fielding began organizing a force of quasi-professional constables. The Macdaniel affair added further impetus for a publicly-salaried police force that did not depend on rewards. Nonetheless, In 1828, there were privately financed police units in no fewer than 45 parishes within a 10-mile radius of London.
The word “police” was borrowed from French into the English language in the 18th century, but for a long time it applied only to French and continental European police forces. The word, and the concept of police itself, was “disliked as a symbol of foreign oppression” (according to Britannica 1911).
Prior to the 19th century, the only official use of the word “police” recorded in the United Kingdom was the appointment of Commissioners of Police for Scotland in 1714 and the creation of the Marine Police in 1798 (set up to protect merchandise at the Port of London). Even today, many British police forces are suffixed with “Constabulary” rather than “Police”.
On June 30, 1800, the authorities of Glasgow, Scotland successfully petitioned the government to pass the Glasgow Police Act establishing the City of Glasgow Police. This was the first professional police service in the country and differed from previous law enforcement in that it was a preventive police force. Other Scottish towns soon followed suit and set up their own police forces through acts of parliament.
The first organized police force in Ireland came about through the Peace Preservation Act of 1814, but the Irish Constabulary Act of 1822 marked the true beginning of the Royal Irish Constabulary. Among its first duties was the forcible seizure of tithes during the “Tithe War” on behalf of the Anglican clergy from the mainly Catholic population as well as the Presbyterian minority.
The Act established a force in each barony with chief constables and inspectors general under the control of the civil administration at Dublin Castle. By 1841 this force numbered over 8,600 men.
The force had been rationalized and reorganized in an 1836 act and the first constabulary code of regulations was published in 1837. The discipline was tough and the pay poor. The police also faced unrest among the Irish rural poor, manifested in organizations like the Ribbonmen, which attacked landlords and their property.
In London, night watchmen were the first paid law enforcement body in the country, augmenting the force of unpaid constables. They guarded the streets since 1663. On September 29, 1829, the Metropolitan Police Act was passed by Parliament, allowing Sir Robert Peel, the then home secretary, to found the London Metropolitan Police. This promoted the preventive role of police as a deterrent to urban crime and disorder.
“Albertine at the Police Doctor’s Waiting Room”, 1885-87 painting by the Norwegian writer and painter Christian Krohg illustrating his then very controversial novel Albertine about the life of a prostitute
These police are often referred to as ‘Bobbies’ or ‘Peelers’ after Sir Robert (Bobby) Peel, who introduced the Police Act. They became a model for the police forces in most countries, such as the United States, and most of the British Empire. Bobbies can still be found in many parts of the Commonwealth of Nations. The primary role of the police in Britain was keeping the Queen’s Peace, which continues into the present day.
Development of Theory
In Western culture, the contemporary concept of a police paid by the government was developed by French legal scholars and practitioners in the 17th and early 18th centuries, notably with Nicolas Delamare’s Trait de la Police (“Treatise on the Police”), first published in 1705. The German Polizeiwissenschaft (Science of Police) was also an important theoretical formulation of police.
As conceptualized by the Polizeiwissenschaft, the police had an economic and social duty (“procuring abundance”). It was in charge of demographics concerns and of empowering the population, which, according to mercantilist theory, was to be the main strength of the state. Thus, its functions largely overreached simple law enforcement activities and included public health concerns, urban planning (which was important because of the miasma theory of disease; thus, cemeteries were moved out of town, etc.), and surveillance of prices.
Development of modern police was contemporary to the formation of the state, later defined by sociologist Max Weber as achieving a “monopoly on the legitimate use of physical force” and which was primarily exercised by the police and the military. Marxist theory situates the development of the modern state as part of the rise of capitalism, in which the police are one component of the bourgeoisie’s repressive apparatus for subjugating the working class.
British Empire
In British North America, policing was initially provided by local elected officials. For instance, the New York Sheriff’s Office was founded in 1626, and the Albany County Sheriff’s Department in the 1660s. In the colonial period, policing was provided by elected sheriffs and local militias. In Canada, the Royal Newfoundland Constabulary was founded in 1729, making it the first police force in present day Canada. It was followed in 1834 by the Toronto Police, and in 1838 by police forces in Montreal and Quebec City. A national force, the Dominion Police, was founded in 1868. Initially the Dominion Police provided security for parliament, but its responsibilities quickly grew. The famous Royal Northwest Mounted Police was founded in 1873. (See law enforcement in Canada.)
In Australia with the passing of the Police Regulation Act, 1862, the New South Wales Police Force was established and essentially tightly regulated and centralised all of the police forces operating throughout the Colony of New South Wales.
United States
The United States has a system of policing based on the modern English (British) Form.[citation needed]
In 1789 the US Marshals Service was established, followed by other federal services such as the US Parks Police (1791) and US Mint Police (1792). The first city police services were established in Philadelphia in 1751, Richmond, Virginia in 1807, Boston in 1838, and New York in 1845. The US Secret Service was founded in 1865 and was for some time the main investigative body for the federal government.
After the civil war, policing became more para-military in character, with the increased use of uniforms and military ranks. Prior to this, sheriff’s offices had been non-uniformed organizations without a para-military hierarchy.[citation needed]
In the American Old West, policing was often very poor quality.[citation needed] The Army often provided some policing alongside poorly resourced sheriffs and temporarily organised posses which are still in use in the Southern States today.[citation needed] Public organizations were supplemented by private contractors, notably the Pinkerton National Detective Agency, which was hired by individuals, businessmen, local governments and the federal government. At its height, the Pinkerton Agency’s numbers exceeded those of the standing army of the United States.[citation needed]
In recent years, in addition to federal, state, and local forces, some special districts have been formed to provide extra police protection in designated areas. These districts may be known as neighborhood improvement districts, crime prevention districts, or security districts.
Other countries
In Lebanon, modern police were established in 1861, with creation of the Gendarmerie.
In 1566, the first police investigator of Rio de Janeiro was recruited. By the seventeenth century, most “capitanias” already had local units with law enforcement functions. In July 9, 1775 a Cavalry Regiment was created in Minas Gerais for maintaining law and order. In 1808, the Portuguese royal family relocated to Brazil, due to the French invasion of Portugal. King Joo VI established the “Intendncia Geral de Polcia” (General Police Intendancy) for investigations. He also created a Royal Police Guard for Rio de Janeiro in 1809. In 1831, after independence, each province started organizing its local “military police”, with order maintenance tasks. The Federal Railroad Police was created in 1852.
Personnel and organization
In most Western police forces, perhaps the most significant division is between preventive (uniformed) police and detectives. Terminology varies from country to country.
Police functions include protecting life and property, enforcing criminal law, criminal investigations, regulating traffic, crowd control, and other public safety duties.
Uniformed police
Brazilian Federal Highway Police at work.
Preventive Police, also called Uniform Branch, Uniformed Police, Uniform Division, Administrative Police, Order Police, or Patrol, designates the police which patrol and respond to emergencies and other incidents, as opposed to detective services. As the name “uniformed” suggests, they wear uniforms and perform functions that require an immediate recognition of an officer’s legal authority, such as traffic control, stopping and detaining motorists, and more active crime response and prevention.
Preventive police almost always make up the bulk of a police service’s personnel. In Australia and Britain, patrol personnel are also known as “general duties” officers. Atypically, Brazil’s preventive police are known as Military Police.
Detectives
New South Wales Police Force officers search the vehicle of a suspected drug smuggler at a border crossing. Wentworth, New South Wales, Australia
Police detectives are responsible for investigations and detective work. Detectives may be called Investigations Police, Judiciary/Judicial Police, and Criminal Police. In the UK, they are often referred to by the name of their department, the Criminal Investigation Department (CID). Detectives typically make up roughly 15%-25% of a police service’s personnel.
Detectives, in contrast to uniform police, typically wear ‘business attire’ in bureaucratic and investigative functions where a uniformed presence would be either a distraction or intimidating, but a need to establish police authority still exists. “Plainclothes” officers dress in attire consistent with that worn by the general public for purposes of blending in.
In some cases, police are assigned to work “undercover”, where they conceal their police identity to investigate crimes, such as organized crime or narcotics crime, that are unsolvable by other means. In some cases this type of policing shares aspects with espionage.
Despite popular conceptions promoted by movies and television, many US police departments prefer not to maintain officers in non-patrol bureaus and divisions beyond a certain period of time, such as in the detective bureau, and instead maintain policies that limit service in such divisions to a specified period of time, after which officers must transfer out or return to patrol duties.[citation needed] This is done in part based upon the perception that the most important and essential police work is accomplished on patrol in which officers become acquainted with their beats, prevent crime by their presence, respond to crimes in progress, manage crises, and practice their skills.[citation needed]
Detectives, by contrast, usually investigate crimes after they have occurred and after patrol officers have responded first to a situation. Investigations often take weeks or months to complete, during which time detectives spend much of their time away from the streets, in interviews and courtrooms, for example. Rotating officers also promotes cross-training in a wider variety of skills, and serves to prevent “cliques” that can contribute to corruption or other unethical behavior.
Auxiliary
Police may also take on auxiliary administrative duties, such as issuing firearms licenses. The extent that police have these functions varies among countries, with police in France, Germany, and other continental European countries handling such tasks to a greater extent than British counterparts.
Specialized units
After the 2008 Mumbai attacks, the Mumbai Police created specialized, quick response teams to deal with terror threats.
Specialized preventive and detective groups exist within many law enforcement organizations either for dealing with particular types of crime, such as traffic law enforcement and crash investigation, homicide, or fraud; or for situations requiring specialized skills, such as underwater search, aviation, explosive device disposal (“bomb squad”), and computer crime.
Most larger jurisdictions also employ specially-selected and trained quasi-military units armed with military-grade weapons for the purposes of dealing with particularly violent situations beyond the capability of a patrol officer response, including high-risk warrant service and barricaded suspects. In the United States these units go by a variety of names, but are commonly known as SWAT (Special Weapons And Tactics) teams.
In counter insurgency type campaigns, select and specially trained units of police armed and equipped as light infantry have been designated as police field forces who perform paramilitary type patrols and ambushes whilst retaining their police powers in areas that were highly dangerous.
Because their situational mandate typically focuses on removing innocent bystanders from dangerous people and dangerous situations, not violent resolution, they are often equipped with non-lethal tactical tools like chemical agents, “flashbang” and concussion grenades, and rubber bullets. The London Metropolitan police’s Specialist Firearms Command (CO19) is a group of armed police used in dangerous situations including hostage taking, armed robbery/assault and terrorism.
Military police
Military police may refer to:
a section of the military solely responsible for policing the armed forces (referred to as provosts)
a section of the military responsible for policing in both the armed forces and in the civilian population (most gendarmeries, such as the French Gendarmerie, the Italian Carabinieri and the Portuguese Republican National Guard also known as GNR.
a section of the military solely responsible for policing the civilian population (such as the Romanian Gendarmerie)
the civilian preventative police of a Brazilian state (Policia Militar)
Religious police
Main article: Religious police
Some Islamic societies have religious police, who enforce the application of Islamic Sharia law. Their authority may include the power to arrest unrelated males and females caught socializing, anyone engaged in homosexual behavior or prostitution; to enforce Islamic dress-codes, and store closures during Islamic prayer time.
They enforce Muslim dietary laws, prohibit the consumption or sale of alcoholic beverages and pork, and seize banned consumer products and media regarded as un-Islamic, such as CDs/DVDs of various Western musical groups, television shows and film. In Saudi Arabia, religious police actively prevent the practice or proselytizing of non-Islamic religions within Saudi Arabia, where they are banned.
Varying jurisdictions
Police forces are usually organized and funded by some level of government. The level of government responsible for policing varies from place to place, and may be at the national, regional or local level. In some places there may be multiple police forces operating in the same area, with different ones having jurisdiction according to the type of crime or other circumstances.
For example in the UK policing is primarily the responsibility of a regional police force; however specialist units exist at the national level. In the US policing there is typically a state police force, but crimes are usually handled by local police forces which usually only cover a few municipalities. National agencies, such as the FBI, only have jurisdiction over federal crimes or those with an interstate component.
In addition to conventional urban or regional police forces, there are other police forces with specialized functions or jurisdiction. In the United States, the federal government has a number of police forces with their own specialized jurisdictions.
Some example are the Federal Protective Service, which patrols and protects government buildings; the postal police, which protect postal buildings, vehicles and items; the Park Police, which protect national parks, or Amtrak Police which patrol Amtrak stations and trains..
There are also some government agencies which perform police functions in addition to other duties. The U.S. Coast Guard carries out many police functions for boaters.
In major cities, there may be a separate police agency for public transit systems, such as the New York City Port Authority Police or the MTA police, or for major government functions, such as sanitation, or environmental functions.
A Police Service of Northern Ireland/Royal Ulster Constabulary barracks in Northern Ireland. The high walls are to protect against mortar bomb attacks.
Global policing
Policing plays an increasingly important role in United Nations peacekeeping and this looks set to grow in the years ahead, especially as the international community seeks to develop the rule of law and reform security institutions in States recovering from conflict.
Transnational policing
The term transnational policing entered into use in the mid-1990s as a description for forms of policing that transcended the boundaries of the sovereign nation state (Sheptycki, 1995). It is distinguished against the terms nternational policing and lobal policing. The former term would seem to indicate only those types of policing that are formally directed by institutions usually responsible for international affairs (for example the State Department in the US, the Foreign Office in the UK, etc.). The later term would seem to indicate only those forms of policing that are fully global in scope.
Transnational policing pertains to all those forms for policing that, in some sense, transgress national borders. This includes a variety of practices, but cross-border police cooperation, criminal intelligence exchange between police agencies working in different nation-states, and police development-aid to weak, failed or failing states are the three types that have received the most scholarly attention.
Historical studies reveal that policing agents have undertaken a variety of cross-border police missions for many years (Deflem, 2004).For example, in the 19th century a number of European policing agencies undertook cross-border surveillance because of concerns about anarchist agitators and other political radicals. A notable example of this was the occasional surveillance by Prussian police of Karl Marx during the years he remained resident in London. The interests of public police agencies in cross-border co-operation in the control of political radicalism and ordinary law crime were primarily initiated in Europe, which eventually led to the establishment of Interpol prior to the second world war. There are also many interesting examples of cross-border policing under private auspices and by municipal police forces that date back to the 19th century (Nadelmann, 1993). It has been established that modern policing has transgressed national boundaries from time to time almost from its inception. It is also generally agreed that in the post-Cold war era this type of practice became more significant and frequent (Sheptycki, 2000).
Not a lot of empirical work on the practices of transnational information and intelligence sharing has been undertaken. A notable exception is James Sheptycki’s study of police cooperation in the English Channel region (2002), which provides a systematic content analysis of information exchange files and a description of how these transnational information and intelligence exchanges are transformed into police case-work. The study showed that transnational police information sharing was routinized in the cross-Channel region from 1968 on the basis of agreements directly between the police agencies and without any formal agreement between the countries concerned. By 1992, with the signing of the Schengen Treaty which formalized aspects of police information exchange across the territory of the European Union, there were worries that much, if not all, of this intelligence sharing was opaque, raising questions about the efficacy of the accountability mechanisms governing police information sharing in Europe (Joubert and Bevers, 1996).
Studies of this kind outside of Europe are even rarer, so it is difficult to make generalizations, but one small-scale study that compared transnational police information and intelligence sharing practices at specific cross-border locations in North America and Europe confirmed that low visibility of police information and intelligence sharing was a common feature (Alain, 2001). Intelligence-led policing is now common practice in most advanced countries (Ratcliffe, 2007) and it is likely that police intelligence sharing and information exchange has a common morphology around the world (Ratcliffe, 2007).) James Sheptycki has analyzed the effects of the new information technologies on the organization of policing-intelligence and suggests that a number of rganizational pathologies have arisen that make the functioning of security-intelligence processes in transnational policing deeply problematic. He argues that transnational police information circuits help to ompose the panic scenes of the security-control society (p. 70). The paradoxical effect is that, the harder policing agencies work to produce security, the greater are feelings of insecurity.
Police development-aid to weak, failed or failing states is another form of transnational policing that has garnered attention. This form of transnational policing plays an increasingly important role in United Nations peacekeeping and this looks set to grow in the years ahead, especially as the international community seeks to develop the rule of law and reform security institutions in States recovering from conflict (Goldsmith and Sheptycki, 2007) With transnational police development-aid the imbalances of power between donors and recipients are stark and there are questions about the applicability and transportability of policing models between jurisdictions (Hills, 2009).
Perhaps the greatest question regarding the future development of transnational policing is: in whose interest? At a more practical level, the question translates into one about how to make transnational policing institutions democratically accountable (Sheptycki, 2004). For example, according to the Global Accountability Report for 2007 (Lloyd, et al. 2007) Interpol had the lowest scores in its category (IGOs), coming in tenth with a score of 22% on overall accountability capabilities (p.19). As this report points out, and the existing academic literature on transnational policing seems to confirm, this is a secretive area and one not open to civil society involvement.
Equipment
Weapons
In many jurisdictions, police officers carry firearms, primarily handguns, in the normal course of their duties. In the United Kingdom, Ireland, Norway, and New Zealand, with the exception of specialist units, officers do not carry firearms as a matter of course.
Police often have specialist units for handling armed offenders, and similar dangerous situations, and can (depending on local laws), in some extreme circumstances, call on the military (since Military Aid to the Civil Power is a role of many armed forces). Perhaps the most high-profile example of this was, in 1980 the Metropolitan Police handing control of the Iranian Embassy Siege to the Special Air Service.
They can also be equipped with non-lethal (more accurately known as “less than lethal” or “less-lethal”) weaponry, particularly for riot control. Non-lethal weapons include batons, riot control agents, rubber bullets and electroshock weapons. The use of firearms or deadly force is typically a last resort only to be used when necessary to save human life, although some jurisdictions (such as Brazil) allow its use against fleeing felons and escaped convicts. Police officers often carry handcuffs to restrain suspects.
Communications
Modern police forces make extensive use of radio communications equipment, carried both on the person and installed in vehicles, to co-ordinate their work, share information, and get help quickly. In recent years, vehicle-installed computers have enhanced the ability of police communications, enabling easier dispatching of calls, criminal background checks on persons of interest to be completed in a matter of seconds, and updating the officer’s daily activity log and other required reports on a real-time basis. Other common pieces of police equipment include flashlights/torches, whistles, and police notebooks and “ticketbooks” or citations.
Vehicles
Main article: Police transportation
A Ford Crown Victoria, one of the most recognizable models of American police car. This unit belongs to Houston METRO Police
Police vehicles are used for detaining, patrolling and transporting. The common Police patrol vehicle is an improved four door sedan (saloon in British English). Police vehicles are usually marked with appropriate logos and are equipped with sirens and lightbars to aid in making others aware of police presence.
Unmarked vehicles are used primarily for sting operations or apprehending criminals without alerting them to their presence. Some police forces use unmarked or minimally marked cars for traffic law enforcement, since drivers slow down at the sight of marked police vehicles and unmarked vehicles make it easier for officers to catch speeders and traffic violators. This practice is controversial, with for example, New York State banning this practice in 1996 on the grounds that it endangered motorists who might be pulled over by people impersonating police officers.
Motorcycles are also commonly used, particularly in locations that a car may not be able to access, to control potential public order situations involving meetings of motorcyclists and often in escort duties where the motorcycle policeman can quickly clear a path for the escorted vehicle. Bicycle patrols are used in some areas because they allow for more open interaction with the public. In addition, their quieter operation can facilitate approaching suspects unawares and can help in pursuing them attempting to escape on foot.
Police departments use an array of specialty vehicles such as helicopters, airplanes, watercraft, command post, vans, trucks, all terrain vehicles, motorcycles, and SWAT armored vehicles.
Strategies
The advent of the police car, two-way radio, and telephone in the early 20th century transformed policing into a reactive strategy that focused on responding to calls for service. With this transformation, police command and control became more centralized.
In the United States, August Vollmer introduced other reforms, including education requirements for police officers. O.W. Wilson, a student of Vollmer, helped reduce corruption and introduce professionalism in Wichita, Kansas, and later in the Chicago Police Department. Strategies employed by O.W. Wilson included rotating officers from community to community to reduce their vulnerability to corruption, establishing of a non-partisan police board to help govern the police force, a strict merit system for promotions within the department, and an aggressive recruiting drive with higher police salaries to attract professionally qualified officers. During the professionalism era of policing, law enforcement agencies concentrated on dealing with felonies and other serious crime, rather than broader focus on crime prevention.
Anti-riot armoured vehicle of the police of the Canton of Vaud in Lausanne, Switzerland
The Kansas City Preventive Patrol study in the 1970s found this approach to policing to be ineffective. Patrol officers in cars were disconnected from the community, and had insufficient contact and interaction with the community. In the 1980s and 1990s, many law enforcement agencies began to adopt community policing strategies, and others adopted problem-oriented policing.
Broken windows policing was another, related approach introduced in the 1980s by James Q. Wilson and George L. Kelling, who suggested that police should pay greater attention to minor “quality of life” offenses and disorderly conduct. This method was first introduced and made popular by New York City Mayor, Rudy Giuliani, in the early 1990s.
The concept behind this method is simple: broken windows, graffiti, and other physical destruction or degradation of property, greatly increases the chances of more criminal activities and destruction of property. When criminals see the abandoned vehicles, trash, and deplorable property, they assume that authorities do not care and do not take active approaches to correct problems in these areas. Therefore, correcting the small problems prevents more serious criminal activity.
Building upon these earlier models, intelligence-led policing has emerged as the dominant philosophy guiding police strategy. Intelligence-led policing and problem-oriented policing are complementary strategies, both which involve systematic use of information. Although it still lacks a universally accepted definition, the crux of intelligence-led policing is an emphasis on the collection and analysis of information to guide police operations, rather than the reverse.
Power restrictions
Main article: Police misconduct
ACT Police breath testing and command truck in Canberra Australia
In many nations, criminal procedure law has been developed to regulate officers’ discretion, so that they do not arbitrarily or unjustly exercise their powers of arrest, search and seizure, and use of force. In the United States, Miranda v. Arizona led to the widespread use of Miranda warnings or constitutional warnings.
Police in the United States are also prohibited from holding criminal suspects for more than a reasonable amount of time (usually 72 hours) before arraignment, using torture, abuse or physical threats to extract confessions, using excessive force to effect an arrest, and searching suspects’ bodies or their homes without a warrant obtained upon a showing of probable cause.
Using deception for confessions is permitted, but not coercion. There are exceptions or exigent circumstances such as an articulated need to disarm a suspect or searching a suspect who has already been arrested (Search Incident to an Arrest). The Posse Comitatus Act severely restricts the use of the military for police activity, giving added importance to police SWAT units.
British police officers are governed by similar rules, particularly those introduced under the Police and Criminal Evidence Act 1984 (PACE), but generally have greater powers. They may, for example, legally search any suspect who has been arrested, or their vehicles, home or business premises, without a warrant, and may seize anything they find in a search as evidence.
All police officers in the United Kingdom, whatever their actual rank, are ‘constables’ in terms of their legal position. This means that a newly appointed constable has the same arrest powers as a Chief Constable or Commissioner. However, certain higher ranks have additional powers to authorize certain aspects of police operations, such as a power to authorize a search of a suspect’s house (section 18 PACE) by an officer of the rank of Inspector, or the power to authorize a suspect’s detention beyond 24 hours by a Superintendent.
Conduct and accountability
This section needs additional citations for verification.
Please help improve this article by adding reliable references. Unsourced material may be challenged and removed. (March 2009)
April 21 2001: Police fire CS gas at protesters during the Quebec City Summit of the Americas. The Commission for Public Complaints against the RCMP later concluded the use of tear gas against demonstrators at the summit constituted “excessive and unjustified force”.[citation needed]
Crashed 2004 Cincinnati Police units
Police services commonly include units for investigating crimes committed by the police themselves. These units are typically called Inspectorate-General, or in the USA, “internal affairs”. In some countries separate organizations outside the police exist for such purposes, such as the British Independent Police Complaints Commission.
Likewise, some state and local jurisdictions, for example, Springfield, Illinois have similar outside review organizations. The Police Service of Northern Ireland is investigated by the Police Ombudsman for Northern Ireland, an external agency set up as a result of the Patten report into policing the province. In the Republic of Ireland the Garda Sochna is investigated by the Garda Sochna Ombudsman Commission, an independent force that replaced the Garda Complaints Board in May 2007.
The Special Investigations Unit of Ontario, Canada, is one of only a few civilian agencies around the world responsible for investigating circumstances involving police and civilians that have resulted in a death, serious injury, or allegations of sexual assault.
In Hong Kong, any allegations of corruption within the police will be investigated by the Independent Commission Against Corruption, an agency independent of the police force.
Use of force
Police forces also find themselves under criticism for their use of force, particularly deadly force. Specifically, tension increases when a police officer of one ethnic group harms or kills a suspect of another one.[citation needed] In the United States, such events occasionally spark protests and accusations of racism against police and allegations that police departments practice racial profiling.
In the United States since the 1960s, concern over such issues has increasingly weighed upon law enforcement agencies, courts and legislatures at every level of government. Incidents such as the 1965 Watts Riots, the videotaped 1991 beating by Los Angeles Police officers of Rodney King, and the riot following their acquittal have been suggested by some people to be evidence that U.S. police are dangerously lacking in appropriate controls.
The fact that this trend has occurred contemporaneously with the rise of the US civil rights movement, the “War on Drugs”, and a precipitous rise in violent crime from the 1960s to the 1990s has made questions surrounding the role, administration and scope of police authority increasingly complicated.[citation needed]
Police departments and the local governments that oversee them in some jurisdictions have attempted to mitigate some of these issues through community outreach programs and community policing to make the police more accessible to the concerns of local communities, by working to increase hiring diversity, by updating training of police in their responsibilities to the community and under the law, and by increased oversight within the department or by civilian commissions.
In cases in which such measures have been lacking or absent, civil law suits have been brought by the United States Department of Justice against local law enforcement agencies, authorized under the 1994 Violent Crime Control and Law Enforcement Act. This has compelled local departments to make organizational changes, enter into consent decree settlements to adopt such measures, and submit to oversight by the Justice Department.[citation needed]
Protection of individuals
The Supreme Court of the United States has ruled numerous times since 1856 that law enforcement officers have no duty to protect any individual, despite the motto “protect and serve”. Their duty is to enforce the law in general. The first such case was in 1856 (South v. Maryland) and the most recent in 2005 (Town of Castle Rock v. Gonzales).
In contrast, the police are entitled to protect private rights in some jurisdictions. To ensure that the police would not interfere into the regular competencies of the courts of law, some police acts require that the police may only interfere in such cases where protection from courts cannot be obtained in time, and where, without interference of the police, the realization of the private right would be impeded. This would, for example, allow police to establish a restaurant guest’s identity and forward it to the inn-keeper in a case where the guest cannot pay the bill at nighttime because his wallet had just been stolen from the restaurant table.
In addition, there are Federal Law Enforcement agencies in the United States whose mission includes providing protection for executives such as the President and accompanying family members, visiting foreign dignitaries, and other high-ranking individuals. Such agencies include The United States Secret Service and the United States Park Police.
International forces
Main article: Law enforcement by country
AFP -ACT Police vehicle and uniformed officers in Canberra, Australia
In many countries, particularly those with a federal system of government, there may be several police or police-like organizations, each serving different levels of government and enforcing different subsets of the applicable law. The United States has a highly decentralized and fragmented system of law enforcement, with over 17,000 state and local law enforcement agencies.
Some countries, such as Chile, Israel, the Philippines, France, Austria, New Zealand and South Africa, use a centralized system of policing. Other countries have multiple police forces, but for the most part their jurisdictions do not overlap. In the United States however, several different law enforcement agencies may have authority in a particular jurisdiction at the same time, each with their own command.
Other countries where jurisdiction of multiple police agencies overlap, include Guardia Civil and the Polica Nacional in Spain , the Polizia di Stato and Carabinieri in Italy and the Police Nationale and National Gendarmerie in France.
Most countries are members of the International Criminal Police Organization (Interpol), established to detect and fight trans-national crime and provide for international co-operation and co-ordination of other police activities, such as notifying relatives of the death of foreign nationals. Interpol does not conduct investigations nor arrests by itself, but only serves as a central point for information on crime, suspects and criminals. Political crimes are excluded from its competencies.
See also
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References
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^ “A Brief History of The B.P.D.”. City of Boston. http://www.cityofboston.gov/police/about/history.asp. Retrieved February 24, 2010. 
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^ “PMMG”. Policiamilitar.mg.gov.br. https://www.policiamilitar.mg.gov.br/_pmmg.htm. Retrieved 2009-06-21. 
^ p.Davies, Bruce & McKay, Gary The Men Who Persevered:The AATTV 2005 Bruce & Unwin
^ formerly named SO19 “Metropolitan Police Service – Central Operations, Specialist Firearms unit (CO19)”. Metropolitan Police Service. http://www.met.police.uk/co19/. Retrieved 2008-08-04. 
^ SAUDI ARABIA Catholic priest arrested and expelled from Riyadh – Asia News
^ BBC NEWS | Middle East | Saudi minister rebukes religious police
^ SAUDI ARABIA Catholic priest arrested and expelled from Riyadh – Asia News
^ BBC NEWS | Middle East | Saudi minister rebukes religious police
^ SAUDI ARABIA Catholic priest arrested and expelled from Riyadh – Asia News
^ BBC NEWS | Middle East | Saudi minister rebukes religious police
^ “Top UN police, rule of law officials meet in Italy to discuss global policing”. Un.org. 2008-02-07. http://www.un.org/apps/news/story.asp?NewsID=25538&Cr=UN&Cr1=police. Retrieved 2009-06-21. 
^ Sheptycki, J. (1995) ‘Transnational Policing and the Makings of a Postmodern State’, British Journal of Criminology, 1995, Vol. 35 No. 4 Autumn, pp. 613-635
^ Deflem, M. (2004) Policing World Society; Historical Foundations of International Police Cooperation, Oxford: Calrendon
^ Nadelmann, E. A. (1993) Cops Across Borders; the Internationalization of US Law Enforcement, Pennsylvania State University Press
^ Sheptycki, J. (2000) Issues in Transnational Policing, London; Routledge
^ Sheptycki, J. (2002) In Search of Transnational Policing, Aldershot: Ashgate
^ Joubert, C. and Bevers, H. (1996) Schengen Investigated; The Hague: Kluwer Law International
^ Alain, M. (2001) he Trapeze Artists and the Ground Crew – Police Cooperation and Intelligence Exchange Mechanisms in Europe and North America: A Comparative Empirical Study, Policing and Society, 11/1: 1-28
^ Ratcliffe, J. (2007) Strategic Thinking in Criminal Intelligence, Annadale, NSW: The Federation Press
^ Ratcliffe, J. (2007) Strategic Thinking in Criminal Intelligence, Annadale, NSW: The Federation Press
^ Sheptycki, J. (2007) igh Policing in the Security Control Society Policing; a Journal of Policy and Practice, (Vol. 1 No. 1, pp. 70-79 doi:10.1093/police/pam005 Oxfordjournals.org
^ Goldsmith, A. and Sheptycki, J. (2007) Crafting Transnational Policing; State-Building and Global Policing Reform, Oxford: Hart Law Publishers
^ Hills, A. (2009) he Possibility of Transnational Policing, Policing and Society, Vol. 19 No. 3 pp. 300-317
^ Sheptycki, J. (2004) he Accountability of Transnational Policing Institutions: The Strange Case of Interpol The Canadian Journal of Law and Society, Vol. 19 No. 1, pp. 107-134
^ Lloyd, R. Oatham, J. and Hammer, M. (2007) 2007 Global Accountability Report: London: One World Trust
^ Dao, James (1996-04-18). “Pataki Curbs Unmarked Cars’ Use – The”. New York Times. http://query.nytimes.com/gst/fullpage.html?res=9800E1DB1E39F93BA25757C0A960958260&n=Top/Reference/Times Topics/Subjects/R/Roads and Traffic. Retrieved 2009-06-21. 
^ Reiss Jr, Albert J. (1992). “Police Organization in the Twentieth Century”. Crime and Justice 51: 51. doi:10.1086/449193. NCJ 138800. 
^ “Finest of the Finest”. TIME Magazine. February 18, 1966. http://jcgi.pathfinder.com/time/magazine/article/0,9171,899019,00.html. 
^ “Guide to the Orlando Winfield Wilson Papers, ca. 1928-1972″. Online Archive of California. http://content.cdlib.org/view?docId=tf3v19n6s0&doc.view=entire_text. Retrieved 2006-10-20. 
^ “Chicago Chooses Criminologist to Head and Clean Up the Police”. United Press International/The New York Times. February 22, 1960. 
^ Kelling, George L., Mary A. Wycoff (December 2002). Evolving Strategy of Policing: Case Studies of Strategic Change. National Institute of Justice. NCJ 198029. 
^ Kelling, George L., Tony Pate, Duane Dieckman, Charles E. Brown (1974). “The Kansas City Preventive Patrol Experiment – A Summary Report” (PDF). Police Foundation. http://www.policefoundation.org/pdf/kcppe.pdf. 
^ Kelling, George L., James Q. Wilson (March 1982). “Broken Windows” (subscription). Atlantic Monthly. http://www.theatlantic.com/doc/198203/broken-windows. 
^ Tilley, Nick (2003). Problem-Oriented Policing, Intelligence-Led Policing and the National Intelligence Model. Jill Dando Institute of Crime Science, University College London. http://www.jdi.ucl.ac.uk/publications/short_reports/problem_oriented_policing.php. 
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^ Amanda Reavy. “Police review board gets started”. The State Journal-Register Online. http://www.sj-r.com/sections/news/stories/112655.asp. 
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^ Das, Dilip K., Otwin Marenin (2000). Challenges of Policing Democracies: A World Perspective. Routledge. pp. 17. 
External links
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Originally published here.

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Thyroid disease, congestive heart failure, blood clots, anemia and rheumatoid arthritis are just some of the health problems Memphian Ann B. wakes up to every day. For 11 years, she has been covered under a class of TennCare called Supplemental Social Security, or the ?Daniels? class. Ann asked that her last name be kept anonymous.

In 1987, a group of patients ? identified by one plaintiff?s name, Daniels ? filed a lawsuit claiming TennCare was dropping their services without fairly re-evaluating their eligibility.

So the U.S. Federal District Court in Nashville issued an injunction in November 1987 prohibiting TennCare from re-evaluating the eligibility of Daniels patients until TennCare officials found a way to improve the process.The case sat on the docket for more than 20 years.

In January, Judge John T. Nixon of the U.S. District Court for the Middle District of Tennessee lifted the injunction against TennCare. Since then, patients in the SSI class have been receiving TennCare re-evaluation forms (often called ?peach pages? because of their color) to determine if they are still eligible for the category.

SSI patients are, by TennCare?s definition, low-income people who are elderly, blind or disabled. Ann falls into that category. Her husband is also disabled and receives Veterans? Administration benefits. They live on Social Security only.

Some call the SSI/Daniels situation “cuts.” Some call it “re-evaluations.” Either way, as of Oct. 2, the most recent numbers TennCare had showed of the approximately 147,000 SSI patients who had been covered for 22 years, about 84,000 have lost their coverage since the peach pages began going out earlier this year.

Currently, 63,000 patients are still receiving benefits; 40,000 of those patients have completed the reverification process and can stay in SSI or be moved to another category, said TennCare spokeswoman Kelly Gunderson. The other 23,000 patients are ?still in process,? she said, meaning they are appealing TennCare?s decision, have not yet received their notices or still have time to send in their information.

The media have descended on news of the “Daniels” cuts like it?s the scandal of a lifetime. But TennCare?s changes aren?t affecting only patients in the SSI class. The trimming of services and cutting of other patients in other categories ? which also include severely disabled or sick people in need of constant or nearly constant care ? are having just as profund of an impact on those who could be facing life in a nursing home as soon as next year.
Life and death

Ann didn?t know the name of the class she was in. Like many people, she just knew she had TennCare.

At 62, Ann relies on 12 to 15 medications a day plus regular laboratory visits and doctor?s appointments to stay not just healthy, but alive.

When The Memphis News called to speak with Ann, she was too sick for an in-person interview. She had been in bed for days with an upper respiratory infection, and after the re-evaluation of her SSI status this year ? and her subsequent cut from the class ? she couldn?t afford to see a doctor.

Ann said losing her TennCare coverage is ?like a sentence to die.?

?It?d be different if they were giving us some advice about what to do, instead of just closing the door and saying, ?That?s it.? I mean, if I don?t take my medicine, I?m dead,? Ann said as she coughed.

Ann had been on TennCare until last year. When she received notice in June she was going to be cut from the SSI (“Daniels”) class, she filled out the complicated peach pages by herself and returned them, only to be denied. She appealed ? and lost.

?When I was dropped, they did send me a letter that said I had 63 days to apply for health insurance under the HIPAA (Health Insurance Portability and Accountability Act) plan, which means that you?re covered with your pre-existing conditions, but every company they sent me was $1,000, $2,000 a month,? Ann said. ?The cheapest I found was about $600 a month.?

Ann?s Social Security income is less than $700 a month, and her husband?s is just enough to pay their phone, mortgage and other necessary bills. She doesn?t qualify for Social Security disability, she said, because she stopped working one fiscal quarter too early.

?And I?d been working all my life,? Ann said. ?That?s what they said; that?s what they gave me. It?s just shutting that door in my face, again.?

Right now, Ann is busy applying for charity wherever she can. Partnership for Prescription Assistance, a national program, is helping her pay for two of her prescriptions. She receives treatment through the Regional Medical Center at Memphis for her rheumatoid arthritis, and while she?s applied for the charity program there, she has yet to be approved.

?They have agreed to keep seeing me, but they?re going to bill me for it, which I can?t pay,? she said. ?But I have applied for charity, and Jennifer (Tlumak) at (the Tennessee Justice Center) helped me to get the forms from The MED. It takes forever to get any kind of answers or replies, but finally, after working on it for a long time, they sent me the forms.?

Her primary care doctor also is trying to help her get charity medical care through that office.

While she was on TennCare, she said she was pretty well taken care of.

?I could go to the doctor, and they paid for that, they paid for my labs, they paid for five prescriptions a month. There were several I had to get myself, but most of them are $4 because they?re generic, so I was able to do all that myself. But since they?ve taken it away, of course I can?t, there?s no way I can afford it.

?It?s hard for me to say anything bad about them because they did take care of me for 11 years, but ?? Ann trailed off.

Ann knew nothing about the local legal clinics Memphis Area Legal Services Inc. was offering in conjunction with the Tennessee Health Care Campaign and TJC. She was the only patient The Memphis News talked to who didn?t have an attorney helping her with her TennCare issue.
‘The same process’

To qualify for SSI, or Daniels, a patient must have a monthly household income of no more than $674 a person or $1,011 for two people, with a resource limit of $2,000 and $3,000, respectively. Resource limits include savings, trusts and other financial resources not identified as regular income.

SSI is a mandatory Medicaid eligibility category, meaning TennCare is required to offer this category and cover the people who qualify for it.

Gunderson emphasized the SSI re-evaluation is ?going through the same process everyone goes through.?

?You?re either eligible or not eligible for the program,? she said. ?And this is the same process we do annually for other members. This was just a group of people who, in some cases, never went through the (annual) process to see if they still qualified for the program (after the injunction was implemented).?

Federal mandate requires state Medicaid programs such as TennCare to evaluate their patients on at least an annual basis, if not more frequently. Tennessee evaluates every patient once a year.

Gunderson said the SSI category is still open.

?That SSI category, that?s still there for people receiving SSI income,? she said. ?What happened was that we had these holdover people that stayed in that category who weren?t able to be reverified like we do in all of our categories. ? We have to do that for the integrity of our program.?

TJC managing attorney Michele Johnson said one of the problems with the SSI reverification is it wasn?t done well enough and many people never received their peach pages.

?(One) reason why this process had never been put into place for 20 years is that TennCare?s computer system is not reliable enough to keep the right addresses for people,? she said. ?New addresses, current addresses, given to TennCare by the enrollee are overridden by old addresses because the TennCare computer system has to talk to the (Department of Human Services’) computer system, which has to talk to the Social Security computer system. And the result is that they were eating good addresses, so lots of people didn?t get proper notice.

?We have lots of calls from people who don?t find out until they go to the doctor ? or the pharmacy. That?s illegal, and they should be put back on immediately. They should be given an opportunity to prove they are eligible.?

Gunderson said TennCare does provide that right. She said TennCare sends out notices to all of a person?s known addresses up to four.

?Is it going to happen that we sent out a peach page that somebody didn?t get? Yes. But that?s why we have the appeals process in place, so if it happened that somebody went to their doctor and said, ?Oh, what do you mean, I don?t have TennCare anymore?? they can go through the appeals process. If they can prove we sent it to the wrong address, that?s why we have that (appeals) process, and during that process, you will maintain benefits.?

But therein lies another problem: If an SSI patient receives notice of losing their coverage, they have 20 days from the time they receive their initial notice to appeal; if they appeal during that time, their coverage will be continued. After that 20 days is up, the patient has another 10 days to file an appeal, but services will be discontinued during that time. That is the standard timeline for all appeals of changes to TennCare coverage.

Theoretically, if a patient didn?t know their TennCare was gone until 20 days down the line, their services would be cut off. If they then discovered that fact in time to file an appeal within 10 days of the 20-day period ending, their services will closed to them during the appeals process – and could possibly not be reinstated at all, unless the patient could prove without a doubt the pages were sent to the wrong address and the fault lay with TennCare or the patient still qualifies under the same or a different category.

Gunderson emphasized the enrollee does have the responsibility of notifying any state agency of a change in address.
But that’s not all

People in the SSI class are not the only ones facing the cuts TennCare began this year. TennCare offers a category known as the Medically Needy Spend Down category. To qualify, an individual ?must either have income no more than the figures provided ? OR he must have sufficient unreimbursed medical bills to ?spend down? to these income limits,? according to TennCare.

After paying those unreimbursed medical bills, a single person can?t earn more than $241 a month. A family of four cannot make more than $325 a month. There?s also a resource limit of $2,000 for one person and $3,000 for two people.

Medically Needy Spend Down is an optional Medicaid category, meaning TennCare does not have to offer it. The ?spend down? level is set by the state.

Brandon Byrd is an Atoka resident who has been fighting not one, but two, cases involving his TennCare coverage. Byrd is a quadriplegic who was injured in 2004 when he fell off a trampoline while playing with his two sons.

As a result of the injury, Byrd also damaged his trachea, leading to the need for a tracheostomy. The initial operation, called a tracheotomy, is an incision into the trachea, or windpipe, forming a temporary or permanent opening called a tracheostomy. The insertion of a tube into the opening allows air passage and removal of secretions. For this to be done regularly (especially for a quadriplegic), someone with medical training must be on hand to perform these duties, or the patient could suffocate and die.

Byrd was injured when he was 24 years old. He turns 30 in November.

Formerly a full-time industrial worker, Byrd was covered by private insurance when he was hurt. After a couple of months in the hospital, his private insurance dropped him. Not long after, he had to get TennCare, a process his wife, who has since separated from him, took care of.

?I?ve been on TennCare since then,? Byrd said. ?I was just trying to live; I was not really worried about TennCare. But my wife went through a lot of different things to get TennCare started ? she had to deal with paperwork, and loopholes, and back doors. ? Everything?s so complicated. It makes it very hard for someone to get what they deserve.?

Byrd, who had been working since he was 13, began receiving 24/7 private duty home nursing as a member of the Medically Needy Spend Down category. Because of the assistance TennCare provided him, he was able to continue to see his children ? two boys, ages 5 and 11 ? at least every other day and even studied full time.

But in June 2008, when Byrd began receiving paperwork that his home nursing services could be cut from 24 hours a day, seven days a week, to four hours a day, five days a week, he got angry.

?I began writing letters,? he said. ?I actually was desperate. So I started sending letters and I guess someone passed it on to the Tennessee Justice Center, and they got me in touch with (Linda) Casals.?

Casals is Byrd?s attorney through Memphis Area Legal Services. Neither she nor Byrd is clear on why TennCare is trying to cut his services.

To add insult to injury, TennCare is saying not only will Byrd?s services be cut, but the state is also arguing Byrd is not eligible for the Medically Needy Spend Down category anyway, Byrd and Casals said.

Casals said it was ?weird? that Byrd was in that category to begin with, because after his six-month stay in the hospital following his fall, ?TennCare put him in that category, but he didn?t have to submit invoices to get into the category as it was set up at that time.?

?I?m still confused about this,? Casals said.

Casals and Byrd had a hearing in early October to argue Byrd needed to keep his private-duty nursing. Both still are waiting to hear from the state on when the hearing will be about keeping any TennCare eligibility.

?I didn?t hear anything in October, so I?m guessing it will be November,? Casals said. ?I don?t know. They haven?t told either of us yet.?

The Medically Needy Adult Spend Down category is closed to adults, according to the TennCare Web site. Gov. Phil Bredesen froze that category in 2005, just after Byrd qualified for it.

The state cites budgetary concerns as the reason for cutting TennCare services and closing categories. In September 2008, Bredesen in an address cited budget-tightening as the reason for private home duty nursing categories being reduced. He also said the category is ?clearly being used in an abusive way? as he used the example of a couple, both on TennCare, receiving private duty nursing.

?They live in the same home together and each of them has a 24/7 private-duty nurse sitting in their living room. At $325,000 a year for each of those nurses,? Bredesen said.

But Byrd said he isn?t abusing the category. His only income is Social Security disability.

?It?s not like I get a lot,? said Byrd, who added he would ?gladly give up? his SSI income, except ?my kids enjoy having food and clothes, and I enjoy eating, too.?

Citing the ?stack of paperwork that all says the same thing,? Byrd said, ?I don?t know what TennCare is trying to say ? other than, ?Since you have this Social Security income, you don?t qualify.? But I don?t have enough to pay for this kind of care.?

He?s even offered an alternative to keep down TennCare?s costs for his care.

?The nurses being here 24/7, it is expensive,? Byrd said. ?But I could do with maybe not a licensed nurse the whole time ? I could probably do with a (personal nursing assistant) half the day and the other half, have a nurse ? I just need someone here who can do the medical stuff I need. It doesn?t have to be a (licensed practical nurse).?

But if Byrd loses his coverage, or if TennCare cuts it to four hours a day Monday through Friday, he won?t be able to stay at home.

?There?s no way private insurance would cover this,? he said.

So his only option would be a nursing home. In terms of cost, that is actually cheaper for TennCare. Gunderson confirmed it costs around $300,000 a year to provide 24/7 private home duty nursing for a patient, whereas it costs around $60,000 a year to put that same patient in a nursing home.

But those numbers don?t add up to receiving the same quality of care.

One health care worker who briefly talked to The Memphis News on condition of anonymity said, ?$60,000 a year is close to one nurse?s salary. If someone is paying $60,000 a year for care for someone who previously was not only operating on, but improving on, a plan that cost $300,000 a year, well, you can see how their quality of care will go down in that home.?

And Byrd is improving. Thanks to his physical therapy, he has started to regain some movement in his left arm.

?When I first got hurt, I had no movement at all,? he said. ?Now I?m starting to move; my shoulders are really strong, and I?m getting some movement in my bicep and my elbow of my left arm. If it keeps going at the rate it?s going, by next year, I might be able to move my left arm around.?

Although he said that?s literally one-sided, he also said he doesn?t care.

?All I need?s one arm. If I could just reach out and touch my kids and hug them ? or even point in a direction,? he said. If he?s left with minimal or no coverage, with no Level II nursing homes in Tipton County or within 60 miles of his home, Byrd said he?ll probably remain home and try to stay alive as long as he can.

?They can?t make me go,? he said. ?I would stay at home as long as I could. I probably wouldn?t make it any longer than a week and a half. But I don?t want to go live in a place that could be even worse than prison, where I can?t even see my kids.?

In the meantime, though, Byrd said he hopes for a positive outcome at his coming hearing, and plans to continue going to business school full-time if TennCare continues his coverage.

?I try to do as much as I can,? he said. ?I try to be as much of a part of my kids? lives as I can; they still think of me as Dad, I still do everything that a dad does, but it?s kind of hard to do that in a nursing home somewhere.?

Byrd?s commitment to parenthood has not gone unnoticed. This past spring, the TJC honored Byrd with its Father of the Year award. Byrd said that was ?so meaningful? to him, as he suffered a bad childhood himself.

?That was one of my big things even before I got hurt,? he said. ?I wanted to make sure I was a good daddy. So getting that (award) made me feel good, because I do try hard.?
Crunching the numbers

With the governor and TennCare citing budgetary concerns, a brief look at the numbers is in order.

TennCare?s operating budget for fiscal year 2009 was $7 billion, with $576 million in reserves. The state?s ?rainy day? fund sat at about $700 million.

A continued decline in sales tax growth in July meant Tennessee experienced a full fiscal year of negative growth, according to press reports. Sales taxes account for about 60 percent of the state?s money. State economists have estimated it will be 2011 before Tennessee sees any growth in sales tax revenue.

July, August and September all saw revenue decreases as well. The latest numbers show September revenues at just more than $920 million, 5.7 percent below September 2008. Not only were sales tax collections coming in at around $37.8 million less than what the state had budgeted for, but gasoline/motor fuel collections and inheritance and estate taxes also came in under expected amounts.

But the American Recovery and Reinvestment Act of 2009 brought $1.1 billion to Tennessee. Overall, the federal stimulus provided $87 billion in additional federal Medicaid funding for states.

The stimulus law says the increased Medicaid funding will be available for Medicaid expenditures between Oct. 1, 2008, and Dec. 31, 2010.

Gunderson emphasized none of the stimulus funding was put into reserves – neither TennCare’s reserves nor the state’s rainy day fund.

But Johnson, the attorney at the TJC, said all stimulus funds were to be used actively for health care and she said the governor’s office put the money into reserves.

?Among other things, the federal law said that states cannot put the stimulus money into reserves, either directly or indirectly,? she said. ?They have to spend the stimulus money, and they have to spend it on health care.?Another important aspect of ARRA is that for states to qualify for the Medicaid fiscal relief, they must maintain the income eligibility levels that were in place as of July 1, 2008, and ?they cannot make it more difficult for individuals to apply for or keep Medicaid,? according to a summary of the law by FamiliesUSA.org.

States had until July 1 to undo any changes that would disqualify them from receiving the temporary additional Medicaid funding.

The stimulus bill also increased the federal matching dollars for Medicaid programs. Prior to the passage of ARRA, Tennessee used to receive $2 from the federal government for every $1 the state spent on TennCare. The stimulus bill increased that matching fund to $3 for every $1 spent.

?That?s what we are going to get, about 75 percent matching funds from the United States government,? Gunderson said. ?That used to be about 65 percent. So (the increase was) due to stimulus money.?

With the extra matching funds, temporary stimulus help and Medicaid reserves that are among the highest in the nation, how can TennCare cut services or purge people from its rolls ? especially since to receive the funding, which Tennessee did, the state has to keep Medicaid levels where they were as of July 2008?

?I think the best way to say that is, the way it was written in the bill is that eligibility categories could not be more restrictive than they were on July 1, 2008,? Gunderson said. ?And that basically means we could not take away an eligibility category. And the eligibility category is still the same (in SSI). There is not a change in who is eligible. What changed is we were now able to check to see if people actually qualified in that category.?

With regard to the Medically Needy Spend Down category, Gunderson said ?the important thing to note is that with the stimulus funding, if we were to make an expansion in Medicaid, we would not get that increased amount for the expansion.?

But what about a patient like Byrd, whose services are being cut and his eligibility contested?

Gunderson could not address specific patients? situations. But even the oft-cited ?Myth vs. Fact? page on the TennCare Web site doesn?t explain this phenomenon.

?You know, the whole purpose of the stimulus money and saying you couldn?t change eligibility is that we are in an economic crisis,? Johnson said. ?We want to make sure states don?t use the economic crisis by cutting people?s health care, because if they do, it?s going to spiral and hurt the whole community.

?The whole intent of that provision of the stimulus bill was to freeze everything ? and that would include the Daniels folks. The bottom line is that everybody would stay the same.?

However, Johnson said the law did not say Tennessee could not do what it was doing with the SSI category, or “Daniels,” injunction case.

?I think (TennCare) would argue that they?re not changing eligibility, because (some of) these people were never eligible, or aren?t anymore,? Johnson said. ?I think that?s more of a technical argument, because it was never intended that they would send all this money to the states, and then what is happening with these Daniels cuts is one of the largest cuts to the Medicaid program in the history of Medicaid.?

The largest cuts to TennCare were made in 2005, when Bredesen purged more than 200,000 people from the rolls. In March 2005, the Centers for Medicare and Medicaid Services approved Bredesen?s overhaul plan, but just days later, U.S. District Judge William Haynes Jr. halted all TennCare cuts until the completion of a hearing in his court to determine if the state has that right.

In April 2005, a three-judge panel of the Sixth Circuit U.S. Court of Appeals in Cincinnati said Haynes overstepped his bounds in stopping the state from making the cuts, and subsequently, TennCare announced its plans to cut enrollment by 323,000 people beginning in summer 2005. Some services were also reduced or cut completely, such as mental health care and addiction treatment.
What’s next?
Gunderson said TennCare is excited to implement the Long-Term Care Community Choices Act of 2008. TennCare announced in July that federal officials approved changes to Tennessee?s long-term care program.

The Long-Term Care Community Choices program does away with the ?slot? mentality, so there?s no set maximum number of people TennCare can cover under it, but also no set minimum.

Gunderson said the start date for the Choices act is March 1 for Middle Tennessee, and TennCare will implement East and West Tennessee enrollment later in 2010, ?within the first quarter of the fiscal year.?

?And once the Choices program is up and running, it will change how we run the program, but it will still have people being able to be at home with those home- and community-based services,? she said.

Formerly, ?… we had this waiver from the federal government, and we had ? 6,000 slots in that waiver throughout the state to serve people who stay home on the Home and Community Based [Services] waiver,? Gunderson said.

The slots under the Home and Community Based Services waiver, which Gunderson said opened in October, came after CMS approved an amendment to a federal waiver for TennCare that will let managed care organizations (MCOs) coordinate all of a TennCare member?s needs. The new waiver allowed for 6,000 slots.
HCBS has allowed ?a record number of people ? approximately 6,000 Tennesseans ? who would otherwise need nursing home care are instead receiving Home and Community Based Services (HCBS), getting the quality health care services they need in their own homes instead of being cared for in a nursing facility,” according to a TennCare press release.

Gunderson said of the 6,000 “slots” the federal waiver provides for HCBS, currently there still are openings in that category. The TennCare eligibility category Web site does not give a description or the requirements of this category.

If slots are available in the HCBS category, people like Byrd could be left to wonder why they may be left in the cold.

Home services are a big budget problem for TennCare. Bredesen said last September TennCare?s budget for in-home nursing has grown by 53 percent since 2000, totaling $243 million this year.

Gunderson got more specific.

?In 2000, we spent $18 million (on private-duty nursing),? she said. ?In ?07, we were spending $243 million in home health private duty nursing, and if the trend had stayed on target like it was, that would have escalated to about $496 million in 2009.

?So we are going from $18 million (in 2000) to a possible $500 million (in 2009) in that benefit alone, and again, we are talking about a very small group of people. That?s a lot of money to spend on a very small pool of people.?

In TennCare?s fiscal year 2010 budget proposal, long-term care would take up 12.4 percent, or about $950 million, of the program?s proposed $7.6 billion budget.

No one is clear on how the federal health care reform could affect state-provided Medicaid services, and everyone from patients to TennCare representatives themselves are sometimes confused about the specifics.

But with the recent announcement that CoverKids, a program of Cover Tennessee, will stop accepting new enrollees Nov. 30 despite increased federal matching funds, people all over are wondering: What?s next for TennCare?

?You almost just can?t believe you?re in America,? Johnson said.

Originally published here.

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chris walker

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