Dempsey, J.S. and Forst, L.S. (2010-2011) Police
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The most important source of law is the United States Constitution. The United States Constitution is the foundation of both federal and state laws. The United States Constitution also protects us the people, particularly the first ten amendments known as the Bill of Rights. The Bill of Rights was ratified on December 15, 1791. One amendment that I feel is most relevant today in criminal law is Amendment VI Right to Speedy Trial, Confrontation of Witnesses. According to (Mount, 2011) Amendment VI states “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence”. Tom Head wrote (Head, 2012) “The "speedy trial" clause is intended to prevent long-term incarceration and detention without trial--which amounts to a prison sentence without a guilty verdict”. If you were to prolong a trial, over time evidence can become lost, witnesses could and would forget facts, and an innocent person could end up doing time for a crime he did not commit. It is in the best interest of both the prosecution and the defense to have a speedy trial so that the proper facts and evidence can stay fresh. The right to a public trial assures the defendant that a fair hearing can take place. Allowing the public to view a trial helps reduce the risk of an unfair or a bias trial. An impartial jury of the state would be a jury that is not bias and comes from the state and district of which the crime took place. Head (Head, 2012) stated “Not only must jury members not have…
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Looking briefly at the history of the American police, the police force is structure based off the English boobies in the 18th century. Drawing heavily on English practice, the United States police force had a rocky start. “Crime-particularly crimes like murder, robbery, rape, and burglary…was rare in the earliest colonies…this was largely due to the fact that they were settles by small and fairly homogeneous groups…”(Vila page 2). Not only did the police force have little to now power or structure in the early years, but also they were not needed in the colonies. The first city to create a police department was the New York City in the 19th century.…
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Evolution of the police force has been interesting to study as it has become more organized and more complex over time. “In 1833, Philadelphia organized an independent, 24 hours a day, police force. In 1844, New York City had two police forces; daytime duty and the night watch” (Sabath). Over the next few years, police departments appointed police chiefs and accountable political bosses. A sheriff department was soon developed causing much havoc. Corruption became part of the Sheriff system. In most frontier towns, the Sheriff department became the chief law of enforcement. “Sheriff’s could be recruited from the local community, or more often a Sheriff was selected by his reputation, and not always a savory one. The Sheriff system still exists today, but, on a more formal and politicized basis.”…
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The concept of policing, based on English policing systems, brought to America by the earliest English colonists. Over time, the law enforcement system had changes, as a result titles, credentials, and responsibilities had major differences within the legal system. Looking into police history, it will determine how the law enforcement comes into place. Identifying and describing the impact of Sir Robert Peel on American policing. Analyze the relationship between the United States Government and the entire policing organizations throughout the United States and explain how this relationship may affect police practices.…
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Policing started in the Colonial America in the 1630 's; it was something that all people took part in, and there was no pay involved at all. People of the community handled watching everyone and their behaviors. Crime started to increase and at this time towns started to form and the southern colonies began developing a system of circuit sheriff. In the 1840 's in Metropolitan America, the focus shifted to crime prevention rather than detection and punishment. At this time, it was also determined that police officers should wear a uniform, and they also started paying police officers. There was a police officer available twenty-four hours a day. At this point in history, crime was out of hand and very difficult to control. The high influx of crimes made it essential to have more active and effective policing efforts. In the 1840 's in Frontier America violent crimes escalated and there was no law to fall back on. United States Marshalls in Frontier America only enforced federal laws, and they were publically appointed without pay. Professionalism in the 1920 's on the actual law enforcement and controlling the crime. At this point and time, the police started to be divided into specialized groups such as juvenile units and drug units. The police force started to utilize skills such as science to improve investigations. Vollmer was a key player in the 1920 's who helped my huge advance such as utilizing red lights on the vehicles,…
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The American system of law and criminal justice was borrowed from the English. The first references to an English criminal justice or law enforcement system appeared some 1,000 years earlier than Sir Robert Peel established the first English police department in 1829. England’s King Alfred the Great was preparing his Kingdom for a Danish invasion; his strategy against the Danes was maintaining stability in his own country and providing a method for people living in villages to protect one another (Dempsey & Forst, 2010, p 4-9). King Alfred established a system of mutual pledge a form of society control where citizens grouped together to protect each other. People were supposed to police their own communities. The constable were the first form of English Police Officer, was responsible for dealing with more serious of the law (Dempsey & Forst, 2010, p 4-9). In the early English Sheriff were known as Shire-reeve which were English official place in charge of shires (countries) as part of the system of mutual pledge. In 1285 C.E. the Statue of Winchester was enacted in England and established a rudimentary criminal justice system in which most of the responsibility for law enforcement remained with the people themselves (Dempsey & Forst, 2010, p 4-9). The statue formally established (1): the watch and ward, (2): the hue and cry, (3): the parish constable, and (4): the requirement that all males keep weapons in their home for use in maintaining the public peace. The watch and ward required all men in a given town to serve on the night watch. The watch can be seen as the most rudimentary form of metropolitan policing (Dempsey & Forst, 2010, p 4-9). The watch was designed to protect against crime, disturbances, and fire. The watchmen had three major duties: one, patrolling the streets from dusk…
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References: Regoli, R. & Hewitt, J. (2008) Exploring Criminal Justice. Jones and Bartlett Publisher, Inc.…
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In 1838 the Boston Police Department was the first police force in the United States. The General Court passed a bill stating they could enlist police officers. The structure of the force was modeled after the London Police Force. The first police force consisted of 260 officers and a chief. Each division had a captain and two lieutenants; sergeants were not appointed until 1857. In these early days, an officer on duty carried a six-foot pole, painted blue and white to protect himself, and a "police rattle" to call for assistance. Police communicated via a telegraph system that linked the central office and area police stations. (Wikipedia, 1)…
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Under the term of the Metropolitan Act of 1829 the London Metropolitan Police was formed, it was one thousand members strong and all members were easily recognized due to their uniforms that included blue coats and top hats. Sir Robert Peel’s “bobbies” had four specific operating philosophies; the first one was to reduce tension and conflict between law enforcement officers and the public, the second one was to use nonviolence means in keeping the peace, therefore the bobbies did not carry firearms, the third one was to relieve the military from certain duties, such as controlling urban violence, and the fourth one was to be judged on the absence of crime rather than through high-visibility of police actions. The out come of this was so successful that it was soon implemented in smaller towns in England and the United States there after. ← good regarding firearms and violence.…
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To begin to better understand how policing operates today you must first understand the history. A better understanding of what happened in the past and allow you to understand how far the criminal justice systems has come and how far we still have to go. Our criminal justice system model dates back to the model of that of the Anglo-Saxon, under the rule of King Alfred the Great. During his time in reign he allotted certain areas to land owners and they were responsible for policing these territories. From that model of the next 800 years up until Sir Robert Peal, the system continuously grew. “The modern concept of police was born in 1829, when Sir Robert Peel brought forth legislation in the British Parliament setting out the terms of a police force which was to operate within the City of London. At the time, London was besieged by criminal elements and the…
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Policing is an old and noble profession, predating the Norman conquest around 1066. As the colonies were settled, it was yet another British idea that was adopted by the colonists. Initially, policing was the job of a Justice Of the Peace. With the organization of the colonies and growing cities and towns, there was an apparant need for an organized and paid police force. Boston founded a Night Watch in 1636. In 1651, New York City established the Shout and Rattle Watch. As the larger cities continued to grow, Philadelphia divided the city into ten patrol areas in 1705. Philadelphia also led the way by establishing a 24-hour police force in 1833. New York ran two separate police forces, a day and a night watch, in 1844. Police Chiefs typically had ties to politicians and corruption was commonplace.…
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Every society has rules to go by and laws that must not be broken and along with that is the criminal justice that even gives the criminal rights. Criminals in the United States are to be given their rights and not to have harm to them in any way under the justice system as they may be freed from their prosecution and their case be acquitted if found in their favor if an act of unjust or immoral conduct has been found. Law enforcement professionals must execute justice by upholding the law in an ethical and constitutional manner. “The United States Department of Justice seeks to prevent or resolve community conflicts and tensions arising from actions, policies, and practices perceived to be discriminatory on the basis of race, color, or national origin (CRS National Office).” Every officer must follow and obey the law in and out of vested uniform. The Constitution of the United States are most relevant to the ethical standards of law enforcement professionals by the prohibitions against warrantless search and seizure are parts of the United States Constitution which are relevant to the ethical standards of law enforcement. Law enforcement professionals ensure that they uphold the Constitution by following Law Enforcement Oath of Honor this is recommended as by the International Association of Chiefs of Police as symbolic statement of commitment to ethical behavior: “On my honor, I will never betray my badge, my integrity, my character, or the public trust. I will always have the courage to hold myself and others accountable for our actions. I will always uphold the constitution to my community and the agency I serve.” (The law enforcement code of ethics) Law enforcement professionals use the social justice principles of equality, solidarity, and human rights to build a more just society by it advocates as it is based on the principles of solidarity and…
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