Полиция и законы

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A police force is a constituted body of persons empowered by the state to enforce the law, protect property, and limit civil disorder.[1] Their powers include the legitimized use of force. The term is most commonly associated with police services of a state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility.

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A police force is a constituted body of persons empowered by the state to enforce the law, protect property, and limit civil disorder.[1] Their powers include the legitimized use of force. The term is most commonly associated with police services of a 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.

Law enforcement, however, constitutes only part of policing activity.[2] Policing has included an array of activities in different situations, but the predominant ones are concerned with the preservation of order.[3] 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.[4] Some parts of the world may suffer from police corruption. The police force is usually a public sector service, meaning they usually get paid by the taxpayer.

Alternative names for police force include constabulary, gendarmerie, police department, police service, crime prevention, protective services, law enforcement agency, civil guard or civic guard. Members may be referred to as police officers, troopers, sheriffs, constables,rangers, peace officers or civic/civil guards. Police of the Soviet-era Eastern Europe were (or are, in some cases, as in Belarus) called themilitsiya. The Irish police are called the Garda Síochána ("guardians of the peace"); a police officer is called a garda.

As police are often interacting with individuals, slang terms are numerous. Many slang terms for police officers are decades or centuries old with lost etymology.

First attested in English c.1530, the word police comes from Middle French police, in turn from Latin politia,[5] which is the Latinisation of the Greek πολιτεία (politeia), "citizenship, administration, civil polity".[6] This is derived from πόλις (polis), "city"

Ancient policing

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 of the area. Some prefects were responsible for handling investigations, much like modern police detectives. Prefects could also be women.[8] The concept of the "prefecture system" would spread to other cultures such as Korea and Japan.

In Ancient Greece, publicly owned slaves were used by magistrates as police. In Athens, a group of 300 Scythian slaves (the ῥαβδοῦχοι, "rod-bearers") was used to guard public meetings to keep order and for crowd control, and also assisted with dealing with criminals, handling prisoners, and making arrests. Other duties associated with modern policing, such as investigating crimes, were left to the citizens themselves.[9]

In the Roman Empire, the Army, rather than a dedicated police organization, provided security. Local watchmen were hired by cities to provide some extra security. Magistrates such as procurators fiscal and quaestors investigated crimes. There was no concept of public prosecution, so victims of crime or their families had to organize and manage the prosecution themselves.

Under the reign of Augustus, when the capital had grown to almost one million inhabitants, 14 wards were created; the wards were protected by seven squads of 1,000 men called"vigiles", who acted as firemen and nightwatchmen. Their duties included apprehending thieves and robbers and capturing runaway slaves. The vigiles were supported by the Urban Cohorts who acted as a heavy-duty anti-riot force and the even the Praetorian Guard if necessary.

 

In Medieval Spain, hermandades, or "brotherhoods", peacekeeping associations of armed individuals, were a characteristic of municipal life, especially in Castile. As medieval Spanish kings often could not offer adequate protection, protective municipal leagues began to emerge in the 12th century against bandits and other rural criminals, and against the lawless nobility or to support one or another claimant to a crown.

These organizations were intended to be temporary, but became a long-standing fixture of Spain. The first recorded case of the formation of anhermandad occurred when the towns and the peasantry of the north united to police the pilgrim road to Santiago de Compostela in Galicia, and protect the pilgrims against robber knights.

Throughout the Middle Ages such alliances were frequently formed by combinations of towns to protect the roads connecting them, and were occasionally extended to political purposes. Among the most powerful was the league of North Castilian and Basque ports, the Hermandad de las marismas: Toledo, Talavera, and Villarreal.

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.

The Fehmic courts of Germany provided some policing in the absence of strong state institutions.

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.

The English system of maintaining public order since the Norman conquest was a private system of tithings, led by a constable, which was based on a social obligation for the good conduct of the others; more common was that local lords and nobles were responsible for maintaining order in their lands, and often appointed a constable, sometimes unpaid, to enforce the law. There was also a system investigative "juries".

The Assize of Arms of 1252, which required the appointment of constables to summon men to arms, quell breaches of the peace, and to deliver offenders to the sheriffs or reeves, is cited as one of the earliest creation of the English police.[10] The Statute of Winchester of 1285 is also cited as the primary legislation regulating the policing of the country between the Norman Conquest and the Metropolitan Police Act 1829.[10][11]

From about 1500, private watchmen were funded by private individuals and organisations to carry out police functions. They were later nicknamed 'Charlies', probably after the reigning monarch King Charles II. Thief-takers were also rewarded for catching thieves and returning the stolen property.

The first use of the word police ("Polles") in English comes from the book "The Second Part of the Institutes of the Lawes of England" published in 1642[12]

Early Modern policing

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".

 

Gabriel Nicolas de la Reynie, founder of the first uniformed police force in the world.

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.

After the French Revolution, Napoléon I reorganized the police in Paris and other cities with more than 5,000 inhabitants on February 17, 1800 as the Prefecture of Police. On March 12, 1829, a government decree created the first uniformed police in France, known as sergents de ville ("city sergeants"), which the Paris Prefecture of Police's website claims were the first uniformed policemen in the world.[13]

In 1737, George II began paying some London and Middlesex watchmen with tax monies, beginning the shift to government control. In 1749Henry Fielding began organizing a force of quasi-professional constables known as the Bow Street Runners. The Macdaniel affair added further impetus for a publicly salaried police force that did not depend on rewards. Nonetheless, In 1828, there were privately financed policeunits in no fewer than 45 parishes within a 10-mile radius of London.

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 toBritannica 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.

Policing in London

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.[14] 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.[15]

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.[14]

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.[16] 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.[15] Colquhoun's innovations were a critical development leading up to Robert Peel's "new" police three decades later.[17]

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.[18] 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.

Metropolitan police force

London was fast reaching a size unprecedented in world history, due to the onset of the Industrial Revolution.[19] It became clear that the locally maintained system of volunteer constables and "watchmen" was ineffective, both in detecting and preventing crime. A parliamentary committee was appointed to investigate the system of policing in London. Upon Sir Robert Peel being appointed as Home Secretary in 1822, he established a second and more effective committee, and acted upon its findings.

Royal Assent to the Metropolitan Police Act was given,[20] and the Metropolitan Police Service was established on September 29, 1829 in London as the first modern and professional police force in the world.[21][22][23]

Sir Robert Peel, widely regarded as the father of modern policing,[24] 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.[25] 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.[26]

Due to public fears concerning the deployment of the military in domestic matters, Robert Peel organised the force along civilian lines, rather than paramilitary. To appear neutral, the uniform was deliberately manufactured in blue, rather than red which was then a military colour, along with the officers being armed only with a wooden truncheon and a rattle to signal the need for assistance. Along with this, police ranks did not include military titles, with the exception of Sergeant.[27]

To distance the new police force from the initial public view of it as a new tool of government repression, Peel publicised the so-called 'Peelian Principles', which set down basic guidelines for ethical policing:

  • Every police officer should be issued an identification number, to assure accountability for his actions.
  • Whether the police are effective is not measured on the number of arrests, but on the lack of crime.
  • Above all else, an effective authority figure knows trust and accountability are paramount. Hence, Peel's most often quoted principle that "The police are the public and the public are the police."

 

Group portrait of policemen, Bury St Edmunds, Suffolk, England, c. 1900.

The 1829 Metropolitan Police Act created a modern police force by limiting the purview of the force and it's 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.[28] 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.

In 1863, the Metropolitan Police were issued with the distinctive Custodian helmet, and in 1884 they switched to the use of whistles that could be heard from much further away.[29] The Metropolitan Police became a model for the police forces in most countries, such as theUnited States, and most of the British Empire. Bobbies can still be found in many parts of the Commonwealth of Nations.[30]

Other countries

Australia

Main article: Law enforcement in Australia

 

Police motorcycles are commonly used for patrols and escorts, as seen here in Australia

In Australia the first police force having centralised command as well as jurisdiction over an entire colony was the South Australia Police, formed in 1838 under Henry Inman.

However, whilst the New South Wales Police Force was established in 1862, it was made up from a large number of policing and military units operating within the then Colony of New South Wales and traces its links back to the Royal Marines. The passing of the Police Regulation Act of 1862 essentially tightly regulated and centralised all of the police forces operating throughout the Colony of New South Wales.

The New South Wales Police Force remains the largest police force in Australia in terms of personnel and physical resources. It is also the only police force that requires its recruits to undertake university studies at the recruit level and has the recruit pay for their own education.

Brazil

Main article: Law enforcement in Brazil

Brazil's National Public Security Force (Força Nacional de Segurança Pública)

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.

Canada

Main article: Law enforcement in Canada

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.

Lebanon

In Lebanon, modern police were established in 1861, with creation of the Gendarmerie.[31]

United States

Main article: Law enforcement in the United States

In British North America, policing was initially provided by local elected officials. For instance, the New York Sheriff's Office was founded in 1626, and the Albany County Sheriff's Department in the 1660s. In the colonial period, policing was provided by elected sheriffs and local militias.

In 1789 the U.S. Marshals Service was established, followed by other federal services such as the U.S. Parks Police (1791)[32] and U.S. Mint Police (1792).[33] The first city police services were established in Philadelphia in 1751,[34] Richmond, Virginia in 1807,[35] Boston in 1838,[36] and New York in 1845.[37] The U.S. Secret Service was founded in 1865 and was for some time the main investigative body for the federal government.[38]

A Deputy U.S. Marshalcovers his fellow officers with an M4 carbine during a "knock-and-announce" procedure

After the American Civil War, policing became more paramilitary in character, with the increased use of uniforms and military ranks. Before this, sheriff's offices had been non-uniformed organizations without a para-military hierarchy.[citation needed]

In the American Old West, policing was often of very poor quality.[citation needed] The Army often provided some policing alongside poorly resourcedsheriffs and temporarily organised 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]

In recent years, in addition to federal, state, and local forces, some special districts have been formed to provide extra police protection in designated areas. These districts may be known as neighborhood improvement districts, crime prevention districts, or security districts.[39]

In 2005, the Supreme Court of the United States ruled that police do not have a constitutional duty to protect a person from harm.[40]

Development of theory

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.[41] Foucault cites Magdalene Humpertauthor 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 from the 16th century dates ranging from 1520-1850.[42]

As conceptualized by the Polizeiwissenschaft, 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.[43]

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