History of Policing (PDF)

HISTORY OF POLICING As such, police officers were known in ancient Egypt and China as far back as 4000 BC. In the days of the Roman Empire's greatness, the "Praetorian Guard," the imperial guard of Rome, had definite police functions in dealing with that city's populace. Thus, we know that ci...

HISTORY OF POLICING As such, police officers were known in ancient Egypt and China as far back as 4000 BC. In the days of the Roman Empire's greatness, the "Praetorian Guard," the imperial guard of Rome, had definite police functions in dealing with that city's populace. Thus, we know that civil police work dates back to the beginning of civilization. 1. The Anglo-Saxon Period of Policing (600-1006 AD) With the fall of Rome about 300 AD and Europe's over-running by the Germanic hordes from the east, the Anglo-Saxon tribes of Europe migrated, first to Normandy, and then to the island of Britain. These tribes come as refugees from oppression, and their government reflected this fact. They settled in small tribal areas called "tuns," or as we know them today, "towns." They believe in peace and set up their local government. Every person was charged with keeping the peace, and each person was under the law, a policeman. Present laws in England and its English-speaking Dominions and the United States give the citizens the power to arrest any person who has committed or is committing a crime in their presence and, under certain circumstances, to make an arrest of severe crimes even not committed in their presence. The right to command assistance from a citizen by a police officer also goes back to this old custom a. “Hue and Cry” - a method of apprehending a criminal or enforcing the law during the Anglo-Saxon period. This method continued at a much later date, still using law-abiding citizens as policemen. It slowly changed until arrested suspects were brought before a Royal Judge. Then came the idea of giving punishment that fits the crime committed, such as death for murder, fine for a knife cut depending on the wound's seriousness or length.  Everyone in the village is in charge of keeping the peace;  The perpetrator, when caught, is not allowed to say a word in his defense;  The perpetrator will be hanged in the nearest tree as soon as the victim/witness has given his/her testimony b. “Trial by Ordeal” - an ancient judicial practice by which guilt or innocence of the accused was determined by subjecting them to a painful, or at least an unpleasant, usually dangerous experience. The test was a life or death situation, and the proof of innocence was survival. Ordeal by fire - the accused had to put his hand into a fire and if the fire burned his hand, he is guilty;  Ordeal by water - the accused will plunge his bare arm into the boiling water or oil and the condition of the arm afterward, would determine guilt or innocence or the accused will be thrown into a river with hands and feet tied. If he sank and drowned (and conveniently died), he is innocent but if he floated and did not sink, he was taken to have been “rejected” by the water and must be guilty. - If the accused sank, the water was deemed to be accepting him at God's will. He is therefore innocent and dragged out before he drowned. But if he floated the water was rejecting him, rendering him guilty. Ordeal by hot iron - the accused person would carry a burning hot iron so many paces without being burned to prove innocence; 2. The Norman Period of Policing (1066-1285) This period saw a revolution in law enforcement ideas and methods. When NORMAN WILLIAM (William the conqueror), King of France, invaded and conquered England, a military regime of conqueror and dictator began. He changed the concept of crime being committed against the state. England was divided into 55 separate military areas, and trusted lieutenants were placed in charge of each area. These areas were called "Shires." The military leader was called a "Reeve" (meaning the head-man), and from "Shire-Reeve" we derived the word "Sheriff." These men had absolute powers, and no one could question their actions. Later, the post of “Constabuli” or “stabuli” meaning “the keeper of the horse” was established. Two “constabuli” or “stabuli” were appointed to each village to aid the Reeve in his duties. Constabuli or stabuli is the origin of the word “Constable” Then, the king decided that the Shire-Reeve" should not judge to hear the arrest cases and select judges to hear the cases. These traveling judges, each given several Shires to travel through and hear criminal cases, were the forerunner of the modern "Circuit Judges" that are still part of the United States' judicial system. This is the first instance of the division of the police and judicial powers. The year 1116 A.D. marked a great division in the history of policing due to the laws of KING HENRY. He was also known as Henry Beauclerc, 4th son of William the conqueror who was king of England from 1100 to 1135. He issued the law called “Leges Henrici” which stated “There will be certain offenses against the King’s Peace, Arson, Robbery, Murder, False Coinage and Crimes of Violence. These we deem to be felonious. Before this came into being, the police acted as private police; after this law took effect, they became public police since now there was a law that applied equally to the entire country.  There was a distinction between those crimes termed “felonies” and the lesser crimes now termed misdemeanors. In the commission of felonies, the police and the citizens had equal rights to arrest when the crime occurred in their presence. In misdemeanor cases, only the police had the authority to arrest. About the year 1215, the "Grand Jury" was created. The Grand Jury (a body of men) was formed to make inquisition into the facts of a crime and paved the way to the elimination of the Anglo-Saxon "trial by ordeal" system. This time, it was possible to be imprisoned, killed, outlawed, or banished from land merely at the whim of a judge. Now, on all felonies, a grand jury had to inquire into the case to ascertain the facts and if there was sufficient evidence to justify holding the suspect. On June 12, 1215, King John (John Lackland) was forced by the Barons to sign the “Magna Carta Libertatum”. It means “The Great Charter of the Liberties” or what is commonly called “Magna Carta” or “The Great Charter”. It is a list of rights consisting of 63 clauses to limit King John’s power. It established the principle that everyone is subject to the law, even the king, and guarantees rights of individuals, the right to justice and the right to a fair trial. “Article 39 of the Magna Carta” - “No freeman shall be taken or imprisoned or disposed or outlawed or banished or in any way destroyed except by the legal judgment of his peers or by the laws of the land”. Also passed in this period is the law that no man should be tried for murder or homicide unless there is definite proof that the murdered person's body exists (corpus delicti). 3. The Westminster Period (1285-1500) This name is called the Westminster period because the laws on policing emanate from the capital of England, which at the time, was Westminster. At the beginning of this period, the reigning king issued a series of decrees and laws that affected the whole field of law enforcement. In the statute of 1225, the city's gates shall be closed at sundown to assist in the enforcement of the law by keeping undesirable people out and keeping in those that were in, so that they could be checked or watched by the police. This is the origin of the curfew laws.  “Justice of the Peace” (about 1361) - During this period, a study showed that Shire-Reeves was not an effective law enforcement officer, so the Justice of Peace was formed. The Justices of Peace were appointed in each country and given authority to pursue, arrest, chastise, and imprison the law's violators. The Justice of Peace office was given power with no distinction regarding the type of crime (felonies, misdemeanors, and infractions of city or village ordinances). This is the first time that police and judicial functions were placed in one officer. This system failed and was abolished about 75 years later. However, the office of the justice of the peace, as a judicial officer, continued and exists in many of the states in the United States today.  “Courts of the Star-Chamber” (1487) - At this period of the time, the reigning king felt the need of a special court to try offenders against the state (treason, false coinage, etc.). He formed a court that met in a room whose dealing was formed in the shape of a star (thus the name "Star-Chamber"). The judges holding these court sessions were given great powers, among which was the power to force testimony from a defendant. This led to great brutality on the part of the Judges. Of course, in that manner, they were able to find many persons who would admit to crimes of treason, for who would not succumb to torture and readily confess to crimes which were never committed.  “The Merchant Police” (1500) - Merchants began to employ persons to protect their property. Banks began to employ guards. Night watchmen were hired to watch business establishments and private detectives were employed to locate and identify stolen property.  “The Parochial Police” - The people of the cities were divided into parishes' religious areas, and they would band together and employ their own police to protect them and their property. In one parish in London, there were more than 700 such private policemen. 4. Military Police (1655) In 1655, under Oliver Cromwell, England and Wales were divided into 12 military districts. The districts were under the "Provost Marshall" who also acted as judges. The military personnel under the Provost Marshall had police control over both military personnel and the civilian population. These soldier-police were instructed to watch for persons living beyond their means. A special squad was formed whose sole duty is to watch for moral violations. This was the first known instance of a vice squad. However, the people's control was so harsh, "third degree" was being used so promiscuously that, finally, the people revolted, and a civil war resulted. At the end of this civil war came changes in the law. 5. The Habeas Corpus Act (1679) This Act was designed to combat the indiscriminate jailing and holding of prisoners without trial. The Act provides that the police produce a jailed prisoner when demanded by the courts. The prisoner himself could urge to know the cause of his imprisonment, and prisoners could only be imprisoned within the country's borders in which the offense, for which he was jailed, occurred. Thus, upon passing this law, the police could no longer take a prisoner to several countries or provinces away from his relatives. 6. The Bill of Rights or The English Bill of Rights (1688) The English Bill of Rights was enacted and signed on December 16, 1689 by WILLIAM III and MARY II, who became co-rulers in England after the overthrow of King James II. It is an act of the Parliament of England that sets out certain fundamental civil rights and identifies who would be next to inherit the crown. The bill of rights outlawed the "third-degree" tactics which had been legally permitted since 1497. The bill of rights prohibits excessive bail, excessive fines and provides that "No cruel or unusual punishment may be inflicted on a person." It also provides the "Doctrine of Protection Against Self-Incrimination," which means that no man could be forced to give evidence against himself. This was a great victory for the common man. 7. Bow Street Runners (1749) For some time, about 1700 business establishments located in Bow Street, London, were losing so much of their stores stock to thieves that they began to employ their own private police who were fleet in foot to catch the thieves. In 1749, Henry Fielding wrote the first textbook on crime entitled "An Inquiry into the Causes of the Increase in Robbery." This book was an attempt to analyze the causes of robbery cases and to suggest ways, means, and techniques to prevent this crime. This book is important since it marks the beginning of selective law enforcement. In this book, Fielding states among others that:  The police were underpaid and that in order to get proper men into police work, the pay would have to be increased;  Instead of merchants hiring his own policemen to guard against theft, the city should employ policemen thus creating a police organization working as a whole instead of as individuals;  Foot patrols be established in the city and mounted patrols be used in the suburbs; and  The authority of these men (city policemen) shall supersede commercial or private police and to be under government control.  Some of Fielding's suggestions were carried out. The resulting police organization became known as the "Bow Street Runners." They operated as an organization for some length of time. The Bow Street Runners neutralize many thieves and robbers. However, as time went on, none of the existing police organizations (including Bow Street Runners) could cope with crimes. 8. The Beginning of Modern Policing (1800-1850) In the period from 1750, significant changes were taking place in England. The nobles owned most of the country's land, and the masses were forced off their land, and either wandered homeless over the countryside or went to large cities. In the cities, they lived in poverty. Some were taken to workhouses (factories) where they receive a mere pittance for their work. Once they could no longer work, they were thrust into the streets again to starve. The extreme poverty of the lower classes and the upper classes' wealth created a ripe condition for crimes. It was estimated that this time (1775), one out of 22 people is a criminal. There were about 200 criminal gangs in London alone, specializing in bank robberies. Banks began to pay protection money to these gangs. There were more than 50 counterfeiting enterprises in the city. Murder for financial gain became common, and all types of disorder and crimes were prevalent. This was the most crime- ridden nation in the world, to the general crime picture. In existence in London in 1775 were the following police organizations:  Sheriff  Watch and Ward  Bow Street Runners  Paris Police  Military Police  Merchant Police  River Police  Special Detective Agencies  Bank Guards To cope with the crime condition, the parliamentary government began to enact every stringent law. Within a few years, there were 160 different offenses, which called for the death penalty, even the stealing of loaf bread was punishable by death. This severe penalty system did not serve the purpose of committing murder, robbery, and stealing bread. Public hangings were devised to set an example for the criminals. Thieves and pickpockets had their hands chopped off in public were worrying, but while crowds watched this being done, thieves and pickpockets were within the crowds, stealing as usual. It was until 1829 that changes in policing in England were made. That year, SIR ROBERT L. PEEL, a distinguished member of the Parliament, having surveyed the crime situation, concluded that part of the problem was bad policing. He concluded that there was poor quality of personnel in these organizations, lack of proper organization along the line of command authority, responsibility, and a great lack of good police administration. He visualized one police force, uniformed and under one leader, and stated that policemen's functions are to protect the public and apprehend the criminals. He added that the responsibility of punishment of the criminal is in the hands of the judiciary. Peel was able to get Parliament to pass his Metropolitan Act, which gave him the authority to organize an entirely new police organization. This led to the creation of the "Metropolitan Police Force of London," the first organized, uniformed police force, which was later named "The Scotland Yard." Because of this, Sir Robert Peel earned the title "Father of Modern Policing System." Peel's organizational structure was uncomplicated. London's city with a population of 1,360,000 in 1830 was divided into 17 police districts called divisions. A Superintendent was in charge of each division. The division was divided into patrol sections led by an Inspector, and the sections were divided into walking beats. The classification of positions within the department such as Constable, Corporal, Sergeant, Inspector, and others remains practically the same today. Since Sir Robert Peel’s success with the Metropolitan Police Force of London, great changes have taken place in the police field throughout the modern world.  Foot patrols have been replaced to a great extent by car patrols;  Simplified fingerprint classification;  Modern police laboratories assist police in crime problems;  Modern record system gives the administrator facts concerning the character, location, extent and time of occurrence of crimes; and  Police personnel selection has been improved by the use of physical, mental and psychiatric test  Robert Peel’s Principles of Policing1 In 1829, Sir Robert Peel established the London Metropolitan Police Force. He became known as the “Father of Modern Policing,” and his commissioners established a list of policing principles that remain as crucial and urgent today as they were two centuries ago. They contain three core ideas and nine principles. 9 Policing Principles 1. To prevent crime and disorder, as an alternative to their repression by military force and severity of legal punishment; 2. To recognize always that the power of the police to fulfill their functions and duties is dependent on public approval of their existence, actions and behavior, and on their ability to secure and maintain public respect; 3. To recognize always that to secure and maintain the respect and approval of the public means also the securing of the willing cooperation of the public in the task of securing observance of laws; 4. To recognize always that the extent to which the cooperation of the public can be secured diminishes proportionately the necessity of the use of physical force and compulsion for achieving police objectives; 5. To seek and preserve public favor, not by pandering to public opinion, but by constantly demonstrating absolute impartial service to law, in complete independence of policy, and without regard to the justice or injustice of the substance of individual laws, by ready offering of individual service and friendship to all members of the public without regard to their wealth or social standing, by ready exercise of courtesy and friendly good humor, and by ready offering of individual sacrifice in protecting and preserving life; 6. To use physical force only when the exercise of persuasion, advice and warning is found to be insufficient to obtain public cooperation to an extent necessary to secure observance of law or to restore order, and to use only the minimum degree of physical force which is necessary on any particular occasion for achieving a police objective; 7. To maintain at all times a relationship with the public that gives reality to the historic tradition that the police are the public and that the public are the police, the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence; 8. To recognize always the need for strict adherence to police-executive functions, and to refrain from even seeming to usurp the powers of the judiciary of 1 (https://lawenforcementactionpartnership.org/peel-policing-principles/, 2020) avenging individuals or the State, and of authoritatively judging guilt and punishing the guilty; and 9. To recognize always that the test of police efficiency is the absence of crime and disorder and not the visible evidence of police action in dealing with them. 3 Core Ideas2  The goal is to prevent crime, not catching criminals. If the police stop crime before it happens, we don’t have to punish citizens or suppress their rights. An effective police department doesn’t have high arrest stats; its community has low crime rates;  The key to preventing crime is by earning public support. Every community member must share the responsibility of preventing crime as if they were all volunteer members of the force. They will only accept this responsibility if the community supports and trusts the police; and  The police earn public support by respecting community principles. Winning public approval requires hard work to build a reputation: enforcing the laws impartially, hiring officers who represent and understand the community, and using force only as a last resort. 2 (https://lawenforcementactionpartnership.org/peel-policing-principles/, 2020)