CJE3341 Ch. 2

Urban Cohort

Roman military units used as protectors of the peace throughout Rome.

peace guilds

tenth century England; local means of social control; private and voluntary associations, arranged in ten groups under ten headmen; mutual assurance societies.

reeve

the chief law enforcement official and magistrate of the shire in the English tything system (known as the shire-reeve or later as the sheriff).

Surete

the criminal division of the Paris Police (which in 1913 became the Police Judiciaire)

Magna Carta

the great charter of England signed by King John in 1215; it granted certain guarantees toward a fairer justice system and rights to the people.

Mosaic Law

the law of Moses as found in the Old Testament books of Exodus, Leviticus, Numbers, and Deuteronomy.

lex talionis

the law of retaliation

Code of Hammurabi

the legal code of ancient Babylon, about 1750 BC Codified under King Hammurabi; contained some 282 statutes and evidenced a sense of justice built on personal responsibility and accountability.

Babylon & Egypt: Social Control

-Egyptian and Babylonian kings : •dominated by rule of law •Order, not chaos common -Formal control: Military -Social control: Tradition, custom, and fear of the King's power -Religion: Basis of social and political life

Sir Robert Peel - Five distinct classes of police officers

1. Stipendiary police constables - established under the "Middlesex Justices Act" 2. Their substitutes deputies serving for a wage voluntarily paid by the principals 3. Salaried Bow Street Officers charged with the suppression of highwaymen and footpads 4. Parochial Constables, elected annually In parish or townships, serving gratuitously 5. Stipendiary Water-Police Act of Parliament 1789 attached to the Thames Office

Babylon

Babylonian civilization from eighteenth century BC to sixth century BC in Mesopotamia (currently Iraq) --Code of Hammurabi •Legal code of ancient Babylon •King Hammurabi •282 regulations •Sense of justice built on personal responsibility and accountability --Hammurabi borrowed from earlier rulers •Assembled civil and criminal laws that were "more complex and comprehensive than any law code previously attempted" (Roth) •Includes forms of punishment, fines, or obligations of offenders •No blood feud, private retaliation, or marriage by capture •Main Principle - lex talionis, the law of retaliation •Connection between crime and punishment -Code of Hammurabi •Inscribed on black basalt stone •Part of code was erased by an Elamite king •Stone was discovered in 1901 and is preserved in the Louvre in Paris

Egypt

Highly developed central government Written laws and a corps of public servants Organized police force created - 1340 BC •To protect commerce and the Nile area

Laws of the Twelve Tables

a set of twelve brass tablets describing proper conduct that became the foundation of the Roman Empire's legal system (about 450 B.C.).

Vigiles

a civilian force of freedmen created by Emperor Augustus around 14 B.C. to act as night watchers; was the city's first firefighting unit and police unit.

hundred

a collection of ten tythings.

frankpledge system

a form of social control where all free men took an oath of fidelity to the king; introduced in France during the reign of Charlemagne, later adopted by the English.

shire

a geographical area roughly equivalent to a county.

constable

an important position of trust in France during the Middle Ages; count of the stable.

sergeant

armed police assistants to early French village mayors.

Courts of Leet (local police courts)

instituted as a substitute for the sheriff's courts.

tything (or tithing) system

early English system of social control.

Statute of Winchester (1285)

enacted during the reign of Edward I; it created a policing system that continued for nearly 500 years.

Lieutenant of Police

established by the edicts of the council in France (1666-1667) for the city of Paris.

An Act for Improving the Police in and near the Metropolis

introduced and enacted during the term of Sir Robert Peel, Home Secretary of England, in 1829 which establish a centralized police force for the metropolitan London area.

Praetorian Guards

personal bodyguards of Caesar Augustus; an elite military unit.

feudalism

the practice of providing the living needs of those under a leader's control or subject to a leader's authority.

praepostus

the title of the headman of the English tything following the Norman conquest of 1066.

vicecomes

title change of the shire-reeve following the Norman conquest of 1066; responsible for going on the circuit to hold court (known as the police courts).

Commune juree

twelfth century French mutual defense association where an oath formed a bond between large numbers of men of equal status for the defense of a collective interest.

The British Experience:Sir Robert Peel

§Sir Robert Peel - •From 1812-1818, he governed Ireland •Established the Royal Irish Constabulary •Selected as Home Secretary of England •Advocated police reform •Became Prime Minister of England §1829 - five distinct classes of police officers existed in the London area: 1. Parochial Constables, elected annually in parish or townships, serving gratuitously 2. Their substitutes for deputies serving for a wage voluntarily paid by the principals 3. Salaried Bow Street Officers and patrols charged with the suppression of highwaymen and footpads §Peel introduced London Metropolitan Police Act of 1829 • Its passage created the London Metropolitan Police •Peel is known as the Father of Modern Municipal Policing §Peel said: "The prevention of crime is the basic mission of the police."

The British Experience: 1700 and 1800s

§The Industrial Revolution brought urbanization and all its problems: •Overcrowding •Child labor •Poor working conditions •Unhealthy living conditions •Crime and Riots of 1715

The Romans

§500-133 B.C.: •Rome experienced great change •People had the right to have laws published •The power to elect magistrates •Established a republican form of government §Until Laws of the Twelve Tables (450 B.C.), •No punishments were meted out by the state; •The principles of self-redress prevailed §Social Control (Rome) •became more difficult around 30 BC; •fear of insurrection, overcrowding, poor living conditions, crime, and fire hazards §John Augustus: The Father of Policing" •To maintain control in the empire, he divided the duties among three primary units: •Praetorian Guard •Urban Cohorts •Vigiles (watchmen) §Praetorian Guards §Military Unit §These men were Augustus's personal bodyguards §They too help in keeping the peace along with the Urban Cohorts §Urban Cohorts •Military Unit •Men patrolled the city •Made up of Curaetores urbis (Superintendents) •Lictores (assistants) •Carried fasces (a bundle of rods secured around an axe). •Patrolled city to prevent insurrection; not to detect crime. §Vigiles •During Day - fire inspections •At night - patrolled the city in order to identify and report fires that were out of control. •On patrols - if they observed any crimes being committed, duties added to make arrests •Significance: first civilian public safety force (police and firefighting unit). §Terms Associated with The Vigiles: •Excubitorem: the substation located in the districts; it housed the Vigiles and the equipment needed to fight fires. It also had cells for prisoners. •Karceraius: the Vigil assigned to jailor duty •Quae-stionarius: the interrogator and/or torturer •Sebaciarii: believed to be the plainclothes men or early form of detective •Saint Sebastian: Patron saint of the police; was an officer in the Vigiles

The French Police

§8th Century under Charlemagne: •Consolidated power into a centralized government •Required all free men to take an oath of loyalty: •Frankpledge: a system of social control supported by oath to obey the law of the land §9th Century: the area of Gaul again § fragmented into large centers of authority §each area had a king §Feudalism - established as a system of social life: §The king or lord had trusted agents known as mayors in every village §The mayors policed their villages with the aid of armed sergeants §Commune Juree (12th century): §a mutual defense association in many towns §Men of equal status took an oath for collective responsibility §Louis XIV (c. 1666): §first attempt to establish a centralized police force §Jean-Baptiste Colbert: §developed a plan for establishing police power and administration §The edicts of the council 1666-1667: §Established police powers / procedures §Restricted private ownership of arms §Created the Lieutenant of Police for the City of Paris §Authority of the Lieutenant of Police: §The security of Paris, §Repression of civil disorders, §Making arrests, and §Surveillance of foreigners §Cleaning and lighting of streets, §Fire fighting and prevention, §Flood control §Authority of the Lieutenant of Police, cont.: •Regulating social affairs: abandoned children, unfaithful wives, organization of hospitals, and inspection of prisons and jails •Assuring adequate food supplies •Protecting the city in times of epidemics •Maintenance of health conditions •Regulating the economy, §Louis XIV set up Lieutenants-General of Police in all principal cities of France §French Revolution 1789 ended the idea of royal police •Power transferred from Louis to the Assembly •Every region became autonomous—maintained order, policed its own area, and even collected taxes (Based on the American Revolution) §Revolution of 1792 - •Led to the development of The Committee of General Security •Responsible for police power and centralization of the police §Ministry of General Police (1796) •established for the "execution of the laws relative to the police, security, and general tranquility of the Republic" §1799 Napoleon rose to power— •police system was of primary concern to him •Minister of General Police was Joseph Fouche •Fouche developed an elaborate intelligence system that helped to keep Napoleon informed §Eugene Francois Vidocq - •became the head of the detective unit—the "father of modern criminal investigation" •developed the criminal division (the Surete) which became the Police Judiciaire in 1913

The British Experience: Norman Conquest of 1066

§Changes to the Tything System •Head Tythingman became the praepostus •Shire-reeve was replaced by vicecomes •Vicecomes went from town to town to hold court—known as police courts •Courts of Leet (local police courts) took the place of the sheriff's courts §Magna Carta - • 1215 - King John was forced to sign •It granted guarantees toward a fairer justice system and rights to the people and noblemen •Contained principles of democracy; •Granted certain rights and due process of justice

The British Experience:Metropolitan Police of London

§Charles Rowan, a former military colonel §Richard Mayne, an attorney §First co-commissioners §Issued the First Instructions to the newly created police force

The Greeks

§Greece (800-600 B.C.) §Development of City-States -Self-contained §Democracy was born: "the rule of the people" -The Code of Draco and the Laws of Solon: §Landmarks in development of institutional law -Codes of Draco: §No written laws at this time §Only aristocratic leaders knew the laws §The people demanded written laws §Codes of Draco were very harsh and punitive §Some said they were written in blood §Laws enforced by elite group of guards known as the comes stabuli ("head of the stable"), §(from which the word constable is derived) -The Laws of Solon §Modified the Codes of Draco §Responsible for giving political power to all citizens of the state §Solon - known as "Founder of the Athenian Democracy"

Henry Fielding - 1746-1753 - British Experience

§He wanted a 24-hour patrol by officers §Recommended horse patrols for the city §Established the Bow Street Runners •who respond to criminal incidents and apprehend offenders §Often called the "Father of the Police of London" §His brother John continued his work after his death

The Greeks in Egypt

§Influenced by Alexander the Great §Some evidence of police divisions: •Mounted unit to patrol the desert & borders •Unit to patrol the canals and river •Unit for buying goods for the government •Unit for inspecting the harvest on royal land •Duties - tax collections and guarding officials

The Hebrews

§Mosaic Law: §The law of Moses as found in the Old Testament books of Exodus, Leviticus, Numbers, and Deuteronomy §Covenant between man and God - §People live according to the law out of obligation to a higher authority (God) §Judaism and Christianity evolved from these laws §1050-930 B.C. the Kingdom of Israel was a major power in the Middle East §Kind David established the national capital at Jerusalem and built a powerful army §Under King Solomon, alliances were established throughout the region §"Judeo-Christian influence" of laws and moral beliefs were founded upon these kingdoms

The British Experience:Statute of Winchester

§Reign of Edward I, in 1285- •Statute created a policing system •Lasted almost 500 years •Referred to as "one of the most important pieces of criminal justice legislation to come out of the Middle Ages" (Mitchel Roth) §"Watch and ward" system of protection •a night watch system (all eligible males) •Took turns serving on the watch •A duty to inform others of offenses and offenders (the hue and cry) •The arming of all males aged 15 to 60 to defend the kingdom and to maintain order •The removal of brush and most trees 200 feet on each side of the king's highway (to prevent surprise attacks from robbers)

The British Experience: Early History

§Tything System §Alfred the Great in 870 made England into one nation by organizing the country into tythings §Each tithing included ten families who were pledged to be responsible for each other's behavior §Each member was sworn to apprehend and deliver to court any of its members who committed a crime •Every ten tithings were organized into groups called hundreds. §These were headed by a constable who was appointed by a local nobleman •The hundreds were part of a larger unit known as a shire (county) §This was headed by a shire-reeve (sheriff) who was appointed by the king §Shire-reeve - §Visited each tithing once a year §Supervised its frankpledge system §Given judicial, military, and civil powers §Posse comitatus (the "power of the county") §Hue and Cry - Organized all able-bodied citizens §Peace Guilds - common for social control •by end of the tenth century •mutual assurance societies, private, voluntary groups •Arranged in 10 groups under 10 headmen