This paper explains the growth of the FBI (“Bureau”) in the United States at a time when criminal justice was largely a local matter by reframing the criminal justice “(eco)system” in terms of informational economy, rather than jurisdictional authority. It argues that the Bureau came to occupy a key position in the national law enforcement ecosystem by providing an informational infrastructure that enabled it to cultivate relationships with local police agencies. This history offers two insights about the nature of American state and federalism in the twentieth century. First, the Bureau’s particular strategy for enlarging its capacity beyond its small size had the ironic effect of trading bureaucratic autonomy for political and operational support. Second, the strategy impeded the development of the states’ role in criminal law enforcement and stymied state-state collaborations. The patterns of collaboration that were set by the 1920s provided the blueprint for the federal government’s anti-crime initiatives throughout the rest of the century.
Daniel C. Richman & Sarah Seo,
Driving Toward Autonomy? The FBI in the Federal System, 1908-1960,
University of Iowa College of Law Legal Studies Research Paper No. 2019-22; Columbia Public Law Research Paper No. 14-632
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2461