Introduction
This report shall examine the role of the police in the criminal justice system. For background it will detail a brief history of the development of the police then look at the later development of police powers of arrest, detention and of stop and search. Further to this it will examine the role of the police in miscarriages of justice and the effects of these miscarriages on the development of safeguards for people detained by the police. Also the measures taken to prevent further miscarriages of justice such as the development of the Crown Prosecution Service (CPS) to decide if the evidence is there and a prosecution is likely to be successful.
History and Development of the Police
The history of a professional police service in England dates back to the creation of the Metropolitan Police in 1829 by the then Home Secretary Sir Robert Peel (Joyce, 2012), the City of Glasgow Police was the first professional force to be created in Britain in 1800 (Newburn, 2013). The Metropolitan Police force replaced the volunteers who had until then served in an unpaid capacity to perform police duties. The professional police service then served as a template on which to model other local police forces throughout England and Wales (Joyce, 2012). There are 41 provincial police forces outside London and two within London, the Metropolitan Police and the City of London Police, at its peak the total number of officers in England and Wales was over 143,000 in 2006 (Hale et
The criminal justice system is effective in achieving justice, in relations to police power and authority. Police are tasked with an essential role in protecting and enforcing the law. They are a critical aspect towards the criminal justice system and the criminal investigation process. To assist their role to the community, they’ve been provided several types of powers and authorities to achieve their duties towards the community. These authorised powers are used to stop, search and detain a person when they’re certain a crime is committed. Consequently, police can use this authority to potentially violate another individuals’ right, such as privacy. Whilst this power allows police to fulfil their duty to the community, is that justifiable to violate an individuals’ right?
Police forces or Law enforcers have been used for centuries all around the world but America took particular interest in the English’s policing system. America’s policing ideas and process began
In the early days most police officers were once soldiers. There were also groups of citizens that would join forces to protect themselves.
This essay will introduce two competing perspectives of policing, they are the orthodox and revisionist perspectives. This essay will then relate the orthodox and revisionist perspectives to the themes of lack of structure, industrialisation and finally hostility. It will then discuss whether the creation of the Metropolitan Police by Sir Robert Peel in 1829 was an effective solution to the changes within society as well as the challenges brought about through crime and disorder. The orthodox view is that the Metropolitan Police were, in fact, a rational decision made to adapt to the needs of the society. They argue that the establishment of the ‘new’ police was inevitable. The revisionist view would state that the ‘new’ police were not a rational decision. They believed that crime and disorder were not increasing, it was just that the ways of counting crime were largely different to previously. The revisionists also believe that the new system was in part beneficial for which to tackle issues that may have occasioned due to the new ‘dangerous class’ (Monkkonen, 1981, p147). In this essay, there will be reference made to the Brixton Riots in 1981 with a clear explanation as to how the orthodox and revisionist perspectives relate to modern policing activities.
Sir Robert Peel’s London Metropolitan Police Act and his principles of policing have helped modern day policing in many ways. By gaining the public’s trust, enabling them to call local law enforcement when help is needed,
Policing is the primary component of the criminal justice system. The police have a constitutional duty to enforce the law, provide the public with safety and security and maintain order in the society. They are seen as an authority figure who has considerable control over it 's citizens. The police also have a duty to arrest people who break the law or commit an offense and in doing so, they help keep the justice system in a functional state. The police does not determine the guilt or innocence of an individual rather they are to collect evidence which can be used to prosecute the individual charged by the police. One of the key aspects in policing is the use of discretion (Griffiths, 2014). Discretion is defined as "the freedom to choose among different options when confronted with the need to make a decision" (Griffiths, 2014, pg. 110). It is important to note that the only profession in the criminal justice system that offers so
According to the article Police: Overview a legal foundation for organized policing in London was created known as “The Metropolitan Police was a paid police force, organized along military lines, uniformed, and given the central mission to prevent crime and preserve social order” (Police: Overview, 1999).
The role of the criminal justice profession is to protect and to serve our society by enforcing the laws that govern us. Those that take the responsibility to defend justice and to uphold the laws that govern us without prejudice are depended on and respected. Our system of criminal justice focuses on the definitions, causes and prevention of crime, along with a legal process that tries to implement methods of treatment and rehabilitation to offenders.The criminal justice system suggests that drug offenders receive treatment through a variety of options, such as sending nonviolent offenders to treatment and using the treatment as a condition of incarceration, probation, or release.
The use of force by police is a fundamental power delegated to them to enable pursuit of their doctrine to protect and serve the greater community. Indeed, so intrinsic is this power to police, that Victoria Police invariably refer to themselves as “The Force”. It is essentially only this power which differentiates the police from the rest of us, a state sanctioned ability to manage harm in order to arrest and subdue law breaking citizens. As a society we accept police powers of arrest and force as a necessity in the maintenance of law and order and so public discourse in this matter is generally limited to cases of excess use of force, especially those resulting in fatalities. This paper aims to explore current issues in the practical
For my practicum, the agency I am involved with is the East Pikeland Township Police Department. This police department serves the Kimberton area which is adjacent to Phoenixville. Police officers have a variety of responsibilities to maintain while on duty. Their primary responsibility is to maintain peace and order within the community they are serving (DeLisi, 2010). With the important responsibilities that a police department possesses, it plays a vital role in the criminal justice system.
The dictionary definition of the police is “the organized civil force of a state, concerned with maintenance of law and order, the detection and prevention of crime, etc,” (Collins English Dictionary, 2002). This definition states the minimum of what the police actually do. Providing support for families, protecting society from criminals and responding to calls 24 hours a day 7 days a week are just some of the other roles that police have to deal with. In this essay the evolution of the police will be discussed as well as how the police are facing challenges.
The Criminal Justice System goes as far back as the days of Jesus. There were Soldiers who acted like policeman, the tribune which was the court system, and Caesar, Herod and even Pontius Pilate stood as judge. The prison system was that of dark caves and dungeons. As we journey to the twenty-first century, nothing has genuinely changed. In my essay I will explicate how the various aspect of criminal justice relate to one another as well as why it so important in society. Criminal Justice refers to the facet of social justice that concern violators of criminal law. The
In 1829, Peel succeeded in having the London Metropolitan Act passed by the parliament and this led to a creation of a 3,200-member professional police forces which replaced various law enforcement systems existing in London at the time (Goff 2017, pg.152). One of their key responsibilities was to serve the public by dealing with their situations by preventing and detecting any crime. This approach of policing was based on the policing by public consent, which meant that the police act for their citizens, and not over them. The public accepted this idea of modern policing, which was the right of the police to maintain law and order. This approach of policing became so well-known, that it spread to countries like Canada, the United States, and Australia.
When you hear the words ‘police officer’, what is the first thing that comes to mind? The people that protect us from the bad guys, right? Well, that might be the stereotypical answer, but is that really what we all think? Most would agree that in today 's society, the words do not have the same positive correlation anymore. It is actually almost the complete opposite. Police officers and others in the criminal justice system have created a poor reputation for themselves from the actions they have taken. Crooked cops seem to be the headliners of countless news stories. Now, that is not to say there are not any stories of people of the law doing their jobs to the best of their abilities, but lately, those stories are like finding a needle in a haystack, abnormal. It is not hard to search for a story on a legal personalities questionable conduct. Now, here 's something to think of: if these are the people that know the ins and outs of the law and are put in their positions to help protect us, why does it seem like us citizens are the victims of their actions in a greater part of these stories? How are we supposed to put our trust in these so-called notable people if they are the ones putting us in danger? The people within our criminal justice system are corrupt by brutality, drugs, money, and just overall abusing their powers.
The earlier development of the law enforcement was developed by a man named Sir Robert Peel also known as the “Father of Modern Policing” (Bennett & Hess, 2007). He was born February 5, 1788 in Chamber Hall near Bury in Lancashire (Bloy, n.d.). He was the one who greatly influenced and set forth the fundamental principles of the police force. He developed an organized force called the London Metropolitan Police in 1829 that protected the people who were victimized due to high unemployment, poverty, and crime. An organization is “an artificial structure created to coordinate either people or groups and resources to achieve a mission or goal” (Bennett & Hess, 2007). The police’s goal is to protect and serve their community. Although the term of a police officer is mixed up with a peace officer “all police officers are peace officers, but all peace officers are not police officers” (Walker & Katz, 2011). The principles that Sir Robert Peel set for the police include: