Police

context: A police force is a constituted body of persons empowered by the state to enforce the law, protect property, and limit civil disorder. Their powers include the legitimized use of force. The term is most commonly associated with police services of a sovereign state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as being separate from military or other organizations involved in the defense of the state against foreign aggressors; however, gendarmerie are military units charged with civil policing.

context: Law enforcement, however, constitutes only part of policing activity. Policing has included an array of activities in different situations, but the predominant ones are concerned with the preservation of order. In some societies, in the late 18th and early 19th centuries, these developed within the context of maintaining the class system and the protection of private property. Many police forces suffer from police corruption to a greater or lesser degree. The police force is usually a public sector service, meaning they are paid through taxes.

context: Law enforcement in Ancient China was carried out by "prefects" for thousands of years since it 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. They were appointed by local magistrates, who reported to higher authorities such as governors, who in turn were appointed by the emperor, and they oversaw the civil administration of their "prefecture", or jurisdiction. Under each prefect were "subprefects" who helped collectively with law enforcement in the area. Some prefects were responsible for handling investigations, much like modern police detectives. Prefects could also be women. The concept of the "prefecture system" spread to other cultures such as Korea and Japan.

context: As one of their first acts after end of the War of the Castilian Succession in 1479, 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 great 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.

context: In France during the Middle Ages, there were two Great Officers of the Crown 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 12th century. Another organisation, the Constabulary (French: Connétablie), 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 Maréchaussée was merged with the Constabulary. The resulting force was also known as the Maréchaussée, or, formally, the Constabulary and Marshalcy of France.

context: The first centrally organised police force 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 général 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".

context: 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.

context: 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, were "disliked as a symbol of foreign oppression" (according to Britannica 1911). Before the 19th century, the first use of the word "police" recorded in government documents in the United Kingdom was the appointment of Commissioners of Police for Scotland in 1714 and the creation of the Marine Police in 1798.

context: In 1797, Patrick Colquhoun was able to persuade the West Indies merchants who operated at the Pool of London on the River Thames, to establish a police force at the docks to prevent rampant theft that was causing annual estimated losses of £500,000 worth of cargo. The idea of a police, as it then existed in France, was considered as a potentially undesirable foreign import. In building the case for the police in the face of England's firm anti-police sentiment, Colquhoun framed the political rationale on economic indicators to show that a police dedicated to crime prevention was "perfectly congenial to the principle of the British constitution." Moreover, he went so far as to praise the French system, which had reached "the greatest degree of perfection" in his estimation.

context: With the initial investment of £4,200, the new trial force of the Thames River Police began with about 50 men charged with policing 33,000 workers in the river trades, of whom Colquhoun claimed 11,000 were known criminals and "on the game." The force was a success after its first year, and his men had "established their worth by saving £122,000 worth of cargo and by the rescuing of several lives." Word of this success spread quickly, and the government passed the Marine Police Bill on 28 July 1800, transforming it from a private to public police agency; now the oldest police force in the world. Colquhoun published a book on the experiment, The Commerce and Policing of the River Thames. It found receptive audiences far outside London, and inspired similar forces in other cities, notably, New York City, Dublin, and Sydney.

context: Colquhoun's utilitarian approach to the problem – using a cost-benefit argument to obtain support from businesses standing to benefit – allowed him to achieve what Henry and John Fielding failed for their Bow Street detectives. Unlike the stipendiary system at Bow Street, the river police were full-time, salaried officers prohibited from taking private fees. His other contribution was the concept of preventive policing; his police were to act as a highly visible deterrent to crime by their permanent presence on the Thames. Colquhoun's innovations were a critical development leading up to Robert Peel's "new" police three decades later.

context: Meanwhile, the authorities in Glasgow, Scotland successfully petitioned the government to pass the Glasgow Police Act establishing the City of Glasgow Police in 1800. Other Scottish towns soon followed suit and set up their own police forces through acts of parliament. In Ireland, the Irish Constabulary Act of 1822 marked the beginning of the Royal Irish Constabulary. 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.

context: Peel, widely regarded as the father of modern policing, was heavily influenced by the social and legal philosophy of Jeremy Bentham, who called for a strong and centralized, but politically neutral, police force for the maintenance of social order, for the protection of people from crime and to act as a visible deterrent to urban crime and disorder. Peel decided to standardise the police force as an official paid profession, to organise it in a civilian fashion, and to make it answerable to the public.

context: The 1829 Metropolitan Police Act created a modern police force by limiting the purview of the force and its powers, and envisioning it as merely an organ of the judicial system. Their job was apolitical; to maintain the peace and apprehend criminals for the courts to process according to the law. This was very different to the 'Continental model' of the police force that had been developed in France, where the police force worked within the parameters of the absolutist state as an extension of the authority of the monarch and functioned as part of the governing state.

context: In 1566, the first police investigator of Rio de Janeiro was recruited. By the 17th century, most captaincies already had local units with law enforcement functions. On July 9, 1775 a Cavalry Regiment was created in the state of Minas Gerais for maintaining law and order. In 1808, the Portuguese royal family relocated to Brazil, because of the French invasion of Portugal. King João VI established the "Intendência Geral de Polícia" (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.

context: 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. The merger of these two police forces in 1920 formed the world-famous Royal Canadian Mounted Police.

context: In the American Old West, policing was often of very poor quality.[citation needed] The Army often provided some policing alongside poorly resourced sheriffs and temporarily organized posses.[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 United States Army.[citation needed]

context: Michel Foucault claims that the contemporary concept of police as a paid and funded functionary of the state was developed by German and French legal scholars and practitioners in Public administration and Statistics in the 17th and early 18th centuries, most notably with Nicolas Delamare's Traité de la Police ("Treatise on the Police"), first published in 1705. The German Polizeiwissenschaft (Science of Police) first theorized by Philipp von Hörnigk a 17th-century Austrian Political economist and civil servant and much more famously by Johann Heinrich Gottlob Justi who produced an important theoretical work known as Cameral science on the formulation of police. Foucault cites Magdalene Humpert author of Bibliographie der Kameralwissenschaften (1937) in which the author makes note of a substantial bibliography was produced of over 4000 pieces of the practice of Polizeiwissenschaft however, this maybe a mistranslation of Foucault's own work the actual source of Magdalene Humpert states over 14,000 items were produced from the 16th century dates ranging from 1520-1850.

context: As conceptualized by the Polizeiwissenschaft,according to Foucault the police had an administrative,economic and social duty ("procuring abundance"). It was in charge of demographic concerns and needed to be incorporated within the western political philosophy system of raison d'état and therefore giving the superficial appearance of empowering the population (and unwittingly supervising 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.

context: Edwin Chadwick's 1829 article, "Preventive police" in the London Review, argued that prevention ought to be the primary concern of a police body, which was not the case in practice. The reason, argued Chadwick, was that "A preventive police would act more immediately by placing difficulties in obtaining the objects of temptation." In contrast to a deterrent of punishment, a preventive police force would deter criminality by making crime cost-ineffective - "crime doesn't pay". In the second draft of his 1829 Police Act, the "object" of the new Metropolitan Police, was changed by Robert Peel to the "principal object," which was the "prevention of crime." Later historians would attribute the perception of England's "appearance of orderliness and love of public order" to the preventive principle entrenched in Peel's police system.

context: 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]

context: The terms international policing, transnational policing, and/or global policing began to be used from the early 1990s onwards to describe forms of policing that transcended the boundaries of the sovereign nation-state (Nadelmann, 1993), (Sheptycki, 1995). These terms refer in variable ways to practices and forms for policing that, in some sense, transcend national borders. This includes a variety of practices, but international 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.

context: Historical studies reveal that policing agents have undertaken a variety of cross-border police missions for many years (Deflem, 2002). 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 before 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).

context: Not a lot of empirical work on the practices of inter/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).

context: 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 'organizational 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 "compose the panic scenes of the security-control society". The paradoxical effect is that, the harder policing agencies work to produce security, the greater are feelings of insecurity.

context: 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).

context: Perhaps the greatest question regarding the future development of transnational policing is: in whose interest is it? 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.

context: They can also be armed with non-lethal (more accurately known as "less than lethal" or "less-lethal") weaponry, particularly for riot control. Non-lethal weapons include batons, tear gas, riot control agents, rubber bullets, riot shields, water cannons and electroshock weapons. Police officers often carry handcuffs to restrain suspects. 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. A "shoot-to-kill" policy was recently introduced in South Africa, which allows police to use deadly force against any person who poses a significant threat to them or civilians. With the country having one of the highest rates of violent crime, president Jacob Zuma states that South Africa needs to handle crime differently from other countries.

context: 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 officers' daily activity log and other, required reports on a real-time basis. Other common pieces of police equipment include flashlights/torches, whistles, police notebooks and "ticket books" or citations.

context: 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.

context: Motorcycles are also commonly used, particularly in locations that a car may not be able to reach, to control potential public order situations involving meetings of motorcyclists and often in escort duties where motorcycle police officers can quickly clear a path for escorted vehicles. 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.

context: 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.

context: In Miranda the court created safeguards against self-incriminating statements made after an arrest. The court held that "The prosecution may not use statements, whether exculpatory or inculpatory, stemming from questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way, unless it demonstrates the use of procedural safeguards effective to secure the Fifth Amendment's privilege against self-incrimination"

context: In Terry v. Ohio (1968) the court divided seizure into two parts, the investigatory stop and arrest. The court further held that during an investigatory stop a police officer's search " [is] confined to what [is] minimally necessary to determine whether [a suspect] is armed, and the intrusion, which [is] made for the sole purpose of protecting himself and others nearby, [is] confined to ascertaining the presence of weapons" (U.S. Supreme Court). Before Terry, every police encounter constituted an arrest, giving the police officer the full range of search authority. Search authority during a Terry stop (investigatory stop) is limited to weapons only.

context: 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 in England and Wales) by an officer of the rank of Inspector, or the power to authorize a suspect's detention beyond 24 hours by a Superintendent.

context: In contrast, the police are entitled to protect private rights in some jurisdictions. To ensure that the police would not interfere in 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 innkeeper in a case where the guest cannot pay the bill at nighttime because his wallet had just been stolen from the restaurant table.