In law , a trial is a coming together of parties to a dispute , to present information (in the form of evidence ) in a tribunal , a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court . The tribunal, which may occur before a judge , jury , or other designated trier of fact , aims to achieve a resolution to their dispute.
148-441: Where the trial is held before a group of members of the community, it is called a jury trial . Where the trial is held solely before a judge, it is called a bench trial . Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to
296-402: 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
444-423: A praetor performing many of the duties of a judge. High government officials and their relatives were barred from acting as judices, due to conflicts of interest. Those previously found guilty of serious crimes (felonies) were also barred as were gladiators for hire, who likely were hired to resolve disputes through trial by combat . The law was as follows: The peregrine praetor (literally, traveling judge) within
592-532: A trial by combat , in which the winner of a physical fight was deemed righteous in their cause. Jury trial A jury trial , or trial by jury , is a legal proceeding in which a jury makes a decision or findings of fact . It is distinguished from a bench trial , in which a judge or panel of judges makes all decisions. Jury trials are increasingly used in a significant share of serious criminal cases in many common law judicial systems, but not all. Juries or lay judges have also been incorporated into
740-456: A " mistrial ". A judge may declare a mistrial due to: Either side may submit a motion for a mistrial; on occasion, the presiding judge may declare one on a motion of their own. If a mistrial is declared, the case at hand may be retried at the discretion of the plaintiff or prosecution, as long as double jeopardy does not bar that party from doing so. Some other kinds of processes for resolving conflicts are also expressed as trials. For example,
888-449: 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". Before the 19th century, the first use of the word police recorded in government documents in
1036-412: A bias. These juries differed from the modern sort by being self-informing; instead of getting information through a trial, the jurors were required to investigate the case themselves. In the 12th century, Henry II took a major step in developing the jury system. Henry II set up a system to resolve land disputes using juries. A jury of twelve free men were assigned to arbitrate in these disputes. As with
1184-452: A chain of command, with constables and sergeants managing lower-ranking birri , that they wore uniforms, that they were housed together with other employees of the podestà together with a number of servants including cooks and stable-keepers, that their parentage and places of origin were meticulously recorded, and that most were not native to Bologna, with many coming from outside Italy. The English system of maintaining public order since
1332-747: A circuit. A criminal accused by this jury was given a trial by ordeal . The Church banned participation of clergy in trial by ordeal in 1215. Without the legitimacy of religion, trial by ordeal collapsed. The juries under the assizes began deciding guilt as well as providing accusations. The same year, trial by jury became an explicit right in one of the most influential clauses of Magna Carta . Article 39 of Magna Carta read: Nullus liber homo capiatur, vel imprisonetur, aut desseisetur de libero tenemento, vel libertatibus, vel liberis consuetudinibus suis, aut utlagetur, aut exuletur, aut aliquo modo destruatur, nec super eum ibimus, nec super eum mittemus, nisi per legale judicium parium suorum, vel per legem terrae. It
1480-410: A form of jury to offer advice to the magistrate or judge at the conclusion of the trial, their role is subordinate. Further, because a professional has been in charge of all aspects of the case to the conclusion of the trial, there are fewer opportunities to appeal the conviction alleging some procedural error. A judge may cancel a trial prior to the return of a verdict; legal parlance designates this as
1628-453: A formalization and regularization of existing policing methods, similar to the unofficial 'thief-takers'. What made them different was their formal attachment to the Bow Street magistrates' office, and payment by the magistrate with funds from the central government. They worked out of Fielding's office and court at No. 4 Bow Street, and did not patrol but served writs and arrested offenders on
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#17328443249681776-676: A highly visible deterrent to crime by their permanent presence on the Thames. London was fast reaching a size unprecedented in world history, due to the onset of the Industrial Revolution . 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
1924-444: A life sentence, although only 11-1 or 10-1 majorities are allowed. Police The police are a constituted body of persons empowered by a state with the aim of enforcing the law and protecting the public order as well as the public itself. This commonly includes ensuring the safety , health , and possessions of citizens, and to prevent crime and civil disorder . Their lawful powers encompass arrest and
2072-590: A link between the king’s reforms and the legal system of the Kingdom of Sicily . A Swabian ordinance of 1562 called for the summons of jurymen ( urtheiler ), and various methods were in use in Emmendingen , Oppenau , and Oberkirch . Hauenstein 's charter of 1442 secured the right to be tried in all cases by 24 fellow equals, and in Freiburg the jury was composed of 30 citizens and councilors. The modern jury trial
2220-482: A local prefectural office. The concept of the "prefecture system" spread to other cultures such as Korea and Japan. In Babylonia , law enforcement tasks were initially entrusted to individuals with military backgrounds or imperial magnates during the Old Babylonian period, but eventually, law enforcement was delegated to officers known as paqūdus , who were present in both cities and rural settlements. A paqūdu
2368-723: A model for the police forces in many countries, including the United States and most of the British Empire . Bobbies can still be found in many parts of the Commonwealth of Nations . In Australia , organized law enforcement emerged soon after British colonization began in 1788. The first law enforcement organizations were the Night Watch and Row Boat Guard, which were formed in 1789 to police Sydney . Their ranks were drawn from well-behaved convicts deported to Australia. The Night Watch
2516-486: A modern county , which were overseen by an official known as a shire-reeve, from which the term sheriff evolved. The shire-reeve had the power of posse comitatus , meaning he could gather the men of his shire to pursue a criminal. Following the Norman conquest of England in 1066, the tithing system was tightened with the frankpledge system. By the end of the 13th century, the office of constable developed. Constables had
2664-535: A particular neighborhood. This system typically did not apply to the Samurai themselves. Samurai clans were expected to resolve disputes among each other through negotiation, or when that failed through duels. Only rarely did Samurai bring their disputes to a magistrate or answer to police. In Joseon -era Korea, the Podocheong emerged as a police force with the power to arrest and punish criminals. Established in 1469 as
2812-614: 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. With the initial investment of £4,200, the new force the Marine 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
2960-488: A police department, police service, constabulary , gendarmerie , 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. Ireland differs from other English-speaking countries by using the Irish language terms Garda (singular) and Gardaí (plural), for both
3108-399: A review of the evidence presented before the trial court , and do not permit the introduction of new evidence. A criminal trial is designed to resolve accusations brought (usually by a government ) against a person accused of a crime . In common law systems, most criminal defendants are entitled to a trial held before a jury. Because the state is attempting to use its power to deprive
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#17328443249683256-578: A second and more effective committee, and acted upon its findings. Royal assent to the Metropolitan Police Act 1829 was given and the Metropolitan Police Service was established on September 29, 1829, in London . 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 centralised, but politically neutral, police force for
3404-528: A summary proceeding with a panel of three lay magistrates or a district judge sitting alone), unless they are tried alongside indictable or either way offences that are themselves tried by jury, but the defendant has a right to demand a jury trial for either way offences. The situation is similar in Scotland; whereas in Northern Ireland even summary offences carry a right to jury trial, with some exceptions. In
3552-412: A system in which fact finding is concentrated in a single trial rather than multiple hearings, and appellate review of trial court decisions is greatly limited. Jury trials are of far less importance (or of no importance) in countries that do not have a common law system. Ancient Athens had a mechanism, called dikastaí , to assure that no one could select jurors for their own trial. For normal cases,
3700-478: A temporary organization, its role solidified into a permanent one. In Sweden , local governments were responsible for law and order by way of a royal decree issued by Magnus III in the 13th century. The cities financed and organized groups of watchmen who patrolled the streets. In the late 1500s in Stockholm, patrol duties were in large part taken over by a special corps of salaried city guards . The city guard
3848-496: A unanimous decision has not been made within two hours. Since 1943, verdicts of not guilty for murder and treason have also been included, but must be deliberated for six hours. The Northern Territory has allowed majority verdicts of 10-2, 10-1 and 9-1 since 1963 for all charges. Deliberation must go for at least six hours before delivering a majority verdict. The Queensland Jury Act 1995 (s 59F) allows majority verdicts for all crimes except for murder and other offences that carry
3996-501: Is a presumption of innocence , and the burden of proof lies on the prosecution. Critics of the system argue that the desire to win is more important than the search for truth. Further, the results are likely to be affected by structural inequalities . Those defendants with resources can afford to hire the best lawyers . Some trials are—or were—of a more summary nature, as certain questions of evidence were taken as resolved (see handhabend and backberend ). In civil law legal systems,
4144-493: Is also cited as the primary legislation regulating the policing of the country between the Norman Conquest and the Metropolitan Police Act 1829 . 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
4292-448: Is an important part. Jury trials in criminal cases were a protected right in the original United States Constitution and the Fifth , Sixth , and Seventh Amendments of the U.S. Constitution extend the right to a jury trial for both criminal and civil matters and a grand jury for serious cases. In most common law jurisdictions, the jury is responsible for finding the facts of the case, while
4440-558: Is derived from πόλις ( polis ) 'city'. 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
4588-668: Is needed to use them. All Australian states allow for peremptory challenges in jury selection; however, the number of challenges granted to the counsels in each state are not all the same. Until 1987 New South Wales had twenty peremptory challenges for each side where the offence was murder, and eight for all other cases. In 1987 this was lowered to three peremptory challenges per side, the same amount allowed in South Australia . Eight peremptory challenges are allowed for both counsels for all offences in Queensland . Victoria , Tasmania and
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4736-569: Is obvious, that juries were then no manner of security to the liberty of the subject. The first paragraph of the Act that abolished the Star Chamber repeats the clause on the right of a citizen to be judged by his peers: WHEREAS by the great charter many times confirmed in parliament, it is enacted, That no freeman shall be taken or imprisoned, or disseised of his freehold or liberties, or free customs, or be outlawed or exiled or otherwise destroyed, and that
4884-635: Is one of the first countries in Latin America that has implemented trial by jury. Although it has a civil law process, since November 2015, it has a jury system for serious criminal cases. Section 80 of the Australian Constitution provides that: "The trial on indictment of any offence against any law of the Commonwealth shall be by jury, and every such trial shall be held in the State where the offence
5032-493: Is the father, brother, or son of a person who is or has been a member of the Senate, or who is overseas. In classical Islamic jurisprudence , litigants in court may obtain notarized statements from between three and twelve witnesses. When the statements of all witnesses are consistent, the notaries will certify their unanimous testimony in a legal document, which may be used to support the litigant's claim. The notaries serve to free
5180-482: Is translated thus by Lysander Spooner in his Essay on the Trial by Jury : No free man shall be captured, and or imprisoned, or disseised of his freehold, and or of his liberties, or of his free customs, or be outlawed, or exiled, or in any way destroyed, nor will we proceed against him by force or proceed against him by arms, but by the lawful judgment of his peers, and or by the law of the land. Although it says "and or by
5328-446: Is used to adjudicate guilt or innocence . The assumption is that the truth is more likely to emerge from the open contest between the prosecution and the defense in presenting the evidence and opposing legal arguments, with a judge acting as a neutral referee and as the arbiter of the law. In several jurisdictions in more serious cases, there is a jury to determine the facts, although some common law jurisdictions have abolished
5476-450: The ACT requires unanimous verdicts. Since 1927 South Australia has permitted majority verdicts of 11-1 (or 10-1 or 9-1 in cases where the jury has been reduced) in criminal trials if a unanimous verdict cannot be reached in four hours. These are accepted in all cases except for guilty verdicts if the defendant is on trial for murder or treason . Victoria has accepted majority verdicts with
5624-565: The Areopagus . In Sparta , the Ephors were in charge of maintaining public order as judges, and they used Sparta's Hippeis , a 300-member Royal guard of honor, as their enforcers. There were separate authorities supervising women, children, and agricultural issues. Sparta also had a secret police force called the crypteia to watch the large population of helots , or slaves. In the Roman Empire ,
5772-666: The Inca Empire , officials called curaca enforced the law among the households they were assigned to oversee, with inspectors known as tokoyrikoq ( lit. ' he who sees all ' ) also stationed throughout the provinces to keep order. In medieval Spain , Santas Hermandades , or 'holy 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
5920-663: The Nile River , and guarding administrative buildings. By the Eighteenth Dynasty of the New Kingdom period, an elite desert-ranger police force called the Medjay was used to protect valuable areas, especially areas of pharaonic interest like capital cities, royal cemeteries, and the borders of Egypt. Though they are best known for their protection of the royal palaces and tombs in Thebes and
6068-518: The Northern Territory allow for six. Western Australia allows three peremptory challenges per side unless there is more than one accused in which case the prosecution can peremptorily challenge 3 times the number of accused and each accused has 3 peremptory challenges. In Australia, majority verdicts are allowed in South Australia , Victoria , Western Australia , Tasmania , the Northern Territory , New South Wales and Queensland , while
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6216-752: The Prussian Ministry of Justice proposed to abolish the jury and replace it with the mixed system, causing a significant political debate. In the Weimar Republic the jury was abolished by the Emminger Reform of 4 January 1924. Between 1948 and 1950 in American-occupied Germany and the Federal Republic of Germany , Bavaria returned to the jury trial as it had existed before the 1933 emergency decrees, but they were again abolished by
6364-553: 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 in imports alone. 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
6512-469: The Scythian Archers (the ῥαβδοῦχοι 'rod-bearers'), a group of about 300 Scythian slaves, 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. Athenian police forces were supervised by
6660-529: The Thames River Police together with new laws including police powers; 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 . Colquhoun's utilitarian approach to the problem – using
6808-477: The United States , jury trials are available in both civil and criminal cases. In Canada , an individual charged with an indictable offence may elect to be tried by a judge alone in a provincial court, by judge alone in a superior court, or by judge and jury in a superior court; summary offences cannot be tried by jury. In England and Wales , offences are classified as summary, indictable, or either way; jury trials are not available for summary offences (using instead
6956-612: The United States Constitution requires that, following the impeachment of the president, a judge, or another federal officer by the House of Representatives , the subject of the impeachment may only be removed from office by an impeachment trial in the Senate . In earlier times, disputes were often settled through a trial by ordeal , where parties would have to endure physical suffering in order to prove their righteousness; or through
7104-625: The Viking occupation: "The Scandinavians, when not on the Viking warpath, were a litigious people and loved to get together in the thing [governing assembly] to hear legal argument. They had no professional lawyers, but many of their farmer-warriors, like Njáll Þorgeirsson , the truth-teller, were learned in folk custom and in its intricate judicial procedure. A Danish town in England often had, as its main officers, twelve hereditary 'law men.' The Danes introduced
7252-683: The War of the Castilian Succession in 1479, Ferdinand II of Aragon and Isabella I of Castile established the centrally-organized and efficient Holy Brotherhood 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 Vehmic courts of Germany provided some policing in
7400-479: The judge from the time-consuming task of hearing the testimony of each eyewitness himself, and their documents serve to legally authenticate each oral testimony. The Maliki school of Islamic jurisprudence requires two notaries to collect a minimum of twelve eyewitness statements in certain legal cases, including those involving unregistered marriages and land disputes. John Makdisi has compared this to English Common Law jury trials under King Henry II , surmising
7548-578: 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. The Metropolitan Police became
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#17328443249687696-751: The 1950 Unification Act ( Vereinheitlichungsgesetz ) for the Federal Republic. In 1979, the United States tried the East German LOT Flight 165 hijacking suspects in the United States Court for Berlin in West Berlin, which declared the defendants had the right to a jury trial under the United States Constitution , and hence were tried by a West German jury. According to George Macaulay Trevelyan in A Shortened History of England , during
7844-550: The Bow Street office. Under John Fielding, the institution of the Bow Street Runners gained more and more recognition from the government, although the force was only funded intermittently in the years that followed. In 1763, the Bow Street Horse Patrol was established to combat highway robbery, funded by a government grant. The Bow Street Runners served as the guiding principle for the way that policing developed over
7992-814: The Caliphate of Uthman . The Shurta is known to have existed in the Abbasid and Umayyad Caliphates . Their primary roles were to act as police and internal security forces but they could also be used for other duties such as customs and tax enforcement, rubbish collection, and acting as bodyguards for governors. From the 10th century, the importance of the Shurta declined as the army assumed internal security tasks while cities became more autonomous and handled their own policing needs locally, such as by hiring watchmen. In addition, officials called muhtasibs were responsible for supervising bazaars and economic activity in general in
8140-421: The French one as a threat to the people's liberty and balanced constitution in favor of an arbitrary and tyrannical government. Law enforcement was mostly up to the private citizens, who had the right and duty to prosecute crimes in which they were involved or in which they were not. At the cry of 'murder!' or 'stop thief!' everyone was entitled and obliged to join the pursuit. Once the criminal had been apprehended,
8288-689: 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. In 1797, Patrick Colquhoun was able to persuade the West Indies merchants who operated at the Pool of London on
8436-451: The King will not pass upon him, or condemn him; but by lawful judgment of his peers, or by the law of the land ... In 1670 two Quakers charged with unlawful assembly , William Penn and William Mead , were found not guilty by a jury. The judge then fined the jury for contempt of court for returning a verdict contrary to their own findings of fact and removed them to prison until the fine
8584-516: The King's bailiffs were responsible for law and order until the establishment of counties in the 1630s. Up to the early 18th century, the level of state involvement in law enforcement in Britain was low. Although some law enforcement officials existed in the form of constables and watchmen, there was no organized police force. A professional police force like the one already present in France would have been ill-suited to Britain, which saw examples such as
8732-696: The Marches by the judgement of equals. English law shall apply to holdings of land in England, Welsh law to those in Wales, and the law of the Marches to those in the Marches. The Welsh shall treat us and ours in the same way. During the mid-14th century, persons who had sat on the Presenting Jury (i.e., in modern parlance, the grand jury ) were forbidden to sit on the trial jury for that crime. 25 Edward III stat 5., c3 (1353). Medieval juries were self-informing, in that individuals were chosen as jurors because they either knew
8880-697: 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 ( Old French : Connétablie ), was under the command of the Constable of France . The constabulary was regularised as a military body in 1337. Under Francis I (reigned 1515–1547), the Maréchaussée was merged with the constabulary. The resulting force
9028-470: The Norman conquest was a private system of tithings known as the mutual pledge system. This system was introduced under Alfred the Great . Communities were divided into groups of ten families called tithings, each of which was overseen by a chief tithingman. Every household head was responsible for the good behavior of his own family and the good behavior of other members of his tithing. Every male aged 12 and over
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#17328443249689176-596: The Old Kingdom collapsed, ushering in the First Intermediate Period , it is thought that the same model applied. During this period, Bedouins were hired to guard the borders and protect trade caravans. During the Middle Kingdom period, a professional police force was created with a specific focus on enforcing the law, as opposed to the previous informal arrangement of using warriors as police. The police force
9324-416: 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
9472-410: The Saxon system, these men were charged with uncovering the facts of the case on their own rather than listening to arguments in court. Henry II also introduced what is now known as the " grand jury " through his Assize of Clarendon . Under the assize, a jury of free men was charged with reporting any crimes that they knew of in their hundred to a "justice in eyre", a judge who moved between hundreds on
9620-412: The Senate, or who has fought or shall fight as a gladiator for hire ... or who has been condemned by the judicial process and a public trial whereby he cannot be enrolled in the Senate, or who is less than thirty or more than sixty years of age, or who does not have his residence in the city of Rome or within one mile of it, or who is the father, brother, or son of any above-described magistrate, or who
9768-488: The United Kingdom was the appointment of Commissioners of Police for Scotland in 1714 and the creation of the Marine Police in 1798. Following early police forces established in 1779 and 1788 in Glasgow , Scotland , the Glasgow authorities 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 ,
9916-423: The United States, because jury trials tend to be high profile, the general public tends to overestimate the frequency of jury trials. Approximately 150,000 jury trials are conducted in state courts annually, and an additional 5,000 jury trials are conducted in federal courts. Two-thirds of jury trials are criminal trials, while one-third are civil and "other" (e.g., family, municipal ordinance, traffic). Nevertheless,
10064-449: The absence of strong state institutions. Such courts had a chairman who presided over a session and lay judges who passed judgement and carried out law enforcement tasks. Among the responsibilities that lay judges had were giving formal warnings to known troublemakers, issuing warrants, and carrying out executions. In the medieval Islamic Caliphates , police were known as Shurta . Bodies termed Shurta existed perhaps as early as
10212-425: The absolute monarchies in Europe contain, at present, so illegal and despotic a tribunal. While so many terrors hung over the people, no jury durst have acquitted a man, when the court was resolved to have him condemned. The practice also, of not confronting witnesses to the prisoner, gave the crown lawyers all imaginable advantage against him. And, indeed, there scarcely occurs an instance, during all these reigns, that
10360-572: The accused of life, liberty, or property, the rights of the accused afforded to criminal defendants are typically broad. The rules of criminal procedure provide rules for criminal trials. A civil trial is generally held to settle lawsuits or civil claims—non-criminal disputes. In some countries, the government can both sue and be sued in a civil capacity. The rules of civil procedure provide rules for civil trials. Although administrative hearings are not ordinarily considered trials, they retain many elements found in more "formal" trial settings. When
10508-439: The army played a major role in providing security. Roman soldiers detached from their legions and posted among civilians carried out law enforcement tasks. The Praetorian Guard , an elite army unit which was primarily an Imperial bodyguard and intelligence-gathering unit, could also act as a riot police force if required. Local watchmen were hired by cities to provide some extra security. Lictors , civil servants whose primary duty
10656-430: The authority of the magistrates, travelling nationwide to apprehend criminals. Fielding wanted to regulate and legalize law enforcement activities due to the high rate of corruption and mistaken or malicious arrests seen with the system that depended mainly on private citizens and state rewards for law enforcement. Henry Fielding's work was carried on by his brother, Justice John Fielding , who succeeded him as magistrate in
10804-437: 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 night watchmen and firemen. In addition to firefighting, their duties included apprehending petty criminals, capturing runaway slaves, guarding the baths at night, and stopping disturbances of the peace. As well as the city of Rome, vigiles were also stationed in
10952-402: The cities, each ward was under the command of a Superintendent of Police, known as a Kuipan . Police officers also acted as prosecutors and carried out punishments imposed by the courts. They were required to know the court procedure for prosecuting cases and advancing accusations. In ancient Israel and Judah , officials with the responsibility of making declarations to the people, guarding
11100-650: 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". This office
11248-422: The consent of the people. According to some sources, in the time of Edward III, "by the law of the land" had been substituted "by due process of law", which in those times was a trial by twelve peers. In 1215, Magna Carta further secured defendants the right to a judgement of "reputable men of the neighbourhood"/"their equals" by stating that For a trivial offence, a free man shall be fined only in proportion to
11396-408: The courts were made up of dikastai of up to 500 citizens. For capital cases—those that involved death, loss of liberty, exile, loss of civil rights, or seizure of property—the trial was before a jury of 1,001 to 1,501 dikastai . In such large juries, they rule by majority. Juries were appointed by lot. Jurists cast a ceramic disk with an axle in its middle: the axle was either hollow or solid. Thus
11544-667: The defendant to waive their right to a jury trial, thus leading to a bench trial . Jury trials tend to occur only when a crime is considered serious. In some jurisdictions, such as France and Brazil , jury trials are reserved, and compulsory, for the most severe crimes and are not available for civil cases. In Brazil, trials by jury are applied in cases of voluntary crimes against life, such as first and second degree murder, forced abortion and instigation of suicide, even if only attempted. In others, jury trials are only available for criminal cases and very specific civil cases ( malicious prosecution , civil fraud and false imprisonment ). In
11692-435: The defendant was guilty or not guilty, but they had a third choice: "Guilty, but not to be punished", since Alexander II believed that justice without morality was wrong. In France and some countries organized in the same fashion, the jury and several professional judges sit together to determine guilt first. Then, if guilt is determined, they decide the appropriate penalty. Some jurisdictions with jury trials allow
11840-468: The degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. In the same way, a merchant shall be spared his merchandise, and a husbandman the implements of his husbandry, if they fall upon the mercy of a royal court. None of these fines shall be imposed except by the assessment on oath of reputable men of the neighbourhood. Earls and barons shall be fined only by their equals, and in proportion to
11988-536: The discipline and rigor needed to limit raw discretion of judges and other bureaucrats. In particular, he praises the adversarial nature of the American system as a more effective way to uncover truths than the judge-led process in Europe. He further argues that being face-to-face in open court can help to bring humanity into the courtroom, by reminding decision-makers that everyone involved are humans with souls. Overall, jury use has been increasing worldwide. Argentina
12136-501: The dispute goes to a judicial setting, it is called an administrative trial, to revise the administrative hearing, depending on the jurisdiction. The types of disputes handled in these hearings are governed by administrative law and auxiliarily by civil trial law. Labor law (also known as employment law) is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. Collective labour law relates to
12284-403: 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. Local citizens could report minor judicial offenses against them such as robberies at
12432-442: The evidence has been collected and the investigation is completed. Thus, most of the factual uncertainties will already be resolved, and the examining magistrate or judge will already have resolved that there is prima facie of guilt. Critics argue that the examining magistrate or judge has too much power with the responsibilities of both investigating and adjudicating on the merits of the case. Although lay assessors do sit as
12580-417: The fine. A group of ten tithings was known as a "hundred" and every hundred was overseen by an official known as a reeve . Hundreds ensured that if a criminal escaped to a neighboring village, he could be captured and returned to his village. If a criminal was not apprehended, then the entire hundred could be fined. The hundreds were governed by administrative divisions known as shires , the rough equivalent of
12728-675: 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. In feudal Japan, samurai warriors were charged with enforcing the law among commoners. Some Samurai acted as magistrates called Machi-bugyō , who acted as judges, prosecutors, and as chief of police. Beneath them were other Samurai serving as yoriki , or assistant magistrates, who conducted criminal investigations, and beneath them were Samurai serving as dōshin , who were responsible for patrolling
12876-584: The game". The force was part funded by the London Society of West India Planters and Merchants . 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 Depredations on the Thames Act 1800 on 28 July 1800, establishing a fully funded police force
13024-445: The gravity of their offence. To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without the lawful judgement of his equals, we will at once restore these. If we have deprived or dispossessed any Welshmen of lands, liberties, or anything else in England or in Wales, without the lawful judgement of their equals, these are at once to be returned to them. A dispute on this point shall be determined in
13172-649: The habit of making committees among the free men in court, which perhaps made England favorable ground for the future growth of the jury system out of a Frankish custom later introduced by the Normans." The English king Æthelred the Unready set up an early legal system through the Wantage Code of Ethelred, one provision of which stated that the twelve leading thegns (minor nobles) of each wapentake (a small district) were required to swear that they would investigate crimes without
13320-689: The harbor cities of Ostia and Portus . Augustus also formed the Urban Cohorts to deal with gangs and civil disturbances in the city of Rome, and as a counterbalance to the Praetorian Guard's enormous power in the city. They were led by the urban prefect . Urban Cohort units were later formed in Roman Carthage and Lugdunum . Law enforcement systems existed in the various kingdoms and empires of ancient India . The Apastamba Dharmasutra prescribes that kings should appoint officers and subordinates in
13468-533: The judge determines the law. These "peers of the accused" are responsible for listening to a dispute, evaluating the evidence presented, deciding on the facts, and making a decision in accordance with the rules of law and their jury instructions . Typically, the jury only judges a verdict of guilty or not guilty, but the actual penalty is set by the judge. Following the judicial reform of Alexander II in Russia , unlike in modern jury trials, jurors decided not only whether
13616-441: The jury and the barons, and only under the rule of laws that the juries and barons found acceptable), the kings, through the royal judges, began to extend their control over the jury and the kingdom. In David Hume 's History of England , he tells something of the powers that the kings had accumulated in the times after Magna Carta, the prerogatives of the crown and the sources of great power with which these monarchs counted: One of
13764-445: The jury trial. This polarizes the issues, with each competitor acting in its own self-interest, and so presenting the facts and interpretations of the law in a deliberately biased way. The intention is that through a process of argument and counter-argument, examination-in-chief and cross-examination , each side will test the truthfulness, relevancy, and sufficiency of the opponent's evidence and arguments. To maintain fairness, there
13912-486: The king's person, supervising public works, and executing the orders of the courts existed in the urban areas. They are repeatedly mentioned in the Hebrew Bible , and this system lasted into the period of Roman rule. The first century Jewish historian Josephus related that every judge had two such officers under his command. Levites were preferred for this role. Cities and towns also had night watchmen. Besides officers of
14060-449: The late 18th and early 19th centuries, these developed within the context of maintaining the class system and the protection of private property . Police forces have become ubiquitous and a necessity in complex modern societies. However, their role can sometimes be controversial, as they may be involved to varying degrees in corruption , brutality , and the enforcement of authoritarian rule . A police force may also be referred to as
14208-401: The law of the land", this in no manner can be interpreted as if it were enough to have a positive law, made by the king, to be able to proceed legally against a citizen. The law of the land was the consuetudinary law , based on the customs and consent of John's subjects, and since they did not have Parliament in those times, this meant that neither the king nor the barons could make a law without
14356-419: The legal systems of many civil law countries for criminal cases. The use of jury trials, which evolved within common law systems rather than civil law systems, has had a profound impact on the nature of American civil procedure and criminal procedure rules, even if a bench trial is actually contemplated in a particular case. In general, the availability of a jury trial if properly demanded has given rise to
14504-476: 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. Due to public fears concerning the deployment of the military in domestic matters, Peel organised the force along civilian lines, rather than paramilitary . To appear neutral,
14652-505: The majority of civil cases towards the end of the empire, there were tribunals with the characteristics of the jury in the sense that Roman judges were civilian, lay and not professionals. Capital trials were held in front of hundreds or thousands of 'juries' in the commitias or centuries, the same as in Athenian trials. Roman law provided for the yearly selection of judices, who would be responsible for resolving disputes by acting as jurors, with
14800-613: The medieval Islamic world. 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 Grand 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
14948-475: The most ancient and most established instruments of power was the court of Star Chamber , which possessed an unlimited discretionary authority of fining, imprisoning, and inflicting corporal punishment, and whose jurisdiction extended to all sorts of offenses, contempts, and disorders, that lay not within reach of the common law. The members of this court consisted of the privy council and the judges; men who all of them enjoyed their offices during pleasure: And when
15096-407: The national police force and its members. The word police is the most universal and similar terms can be seen in many non-English speaking countries. Numerous slang terms exist for the police. Many slang terms for police officers are decades or centuries old with lost etymologies. One of the oldest, cop , has largely lost its slang connotations and become a common colloquial term used both by
15244-590: The next 80 years. Bow Street was a manifestation of the move towards increasing professionalisation and state control of street life, beginning in London. The Macdaniel affair , a 1754 British political scandal in which a group of thief-takers was found to be falsely prosecuting innocent men in order to collect reward money from bounties , added further impetus for a publicly salaried police force that did not depend on rewards. Nonetheless, In 1828, there were privately financed police units in no fewer than 45 parishes within
15392-405: The next ten days after this law is passed by the people or plebs shall provide for the selection of 450 persons in this State who have or have had a knight's census ... provided that he does not select a person who is or has been plebeian tribune, quaestor, triumvir capitalis, military tribune in any of the first four legions, or triumvir for granting and assigning lands, or who is or has been in
15540-622: The nobility enforced law in the countryside according to the will of their leaders. The Songhai Empire had officials known as assara-munidios , or "enforcers", acting as police. Pre-Columbian civilizations in the Americas also had organized law enforcement. The city-states of the Maya civilization had constables known as tupils . In the Aztec Empire , judges had officers serving under them who were empowered to perform arrests, even of dignitaries. In
15688-425: The number of private thief-takers. Thief-takers became infamously known not so much for what they were supposed to do, catching real criminals and prosecuting them, as for "setting themselves up as intermediaries between victims and their attackers, extracting payments for the return of stolen goods and using the threat of prosecution to keep offenders in thrall". Some of them, such as Jonathan Wild , became infamous at
15836-444: The office of justice of the peace was established, with a justice of the peace overseeing constables. There was also a system of 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 sheriff or reeve, is cited as one of the earliest antecedents of the English police. The Statute of Winchester of 1285
15984-468: The parish constables and night watchmen, who were the only public figures provided by the state and who were typically part-time and local, would make the arrest. As a result, the state set a reward to encourage citizens to arrest and prosecute offenders. The first of such rewards was established in 1692 of the amount of £40 for the conviction of a highwayman and in the following years it was extended to burglars, coiners and other forms of offense. The reward
16132-422: The parties and the facts, or they had the duty to discover them. This spared the government the cost of fact-finding. Over time, English juries became less self-informing and relied more on the trial itself for information on the case. Jurors remained free to investigate cases on their own until the 17th century. Magna Carta being forgotten after a succession of benevolent reigns (or, more probably, reigns limited by
16280-535: The passing of the Jury Trials Amending Act of 1833 (NSW) (2 William IV No 12). The voir dire system of examining the jury pool before selection is not permitted in Australia as it violates the privacy of jurors. Therefore, though it exists, the right to challenge for cause during jury selection cannot be employed much. Peremptory challenges are usually based on the hunches of counsel and no reason
16428-515: 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
16576-517: The play, the innovation is brought about by the goddess Athena , who summons twelve citizens to sit as jury. The god Apollo takes part in the trial as the advocate for the defendant Orestes and the Furies as prosecutors for the slain Clytemnestra . In the event the jury is split six to six , Athena dictates that the verdict should henceforth be for acquittal. From the beginning of the republic and in
16724-431: The prince himself was present, he was the sole judge, and all the others could only interpose with their advice. There needed but this one court in any government, to put an end to all regular, legal, and exact plans of liberty. For who durst set himself in opposition to the crown and ministry, or aspire to the character of being a patron of freedom, while exposed to so arbitrary a jurisdiction? I much question, whether any of
16872-526: The public and police officers to refer to their profession. First attested in English in the early 15th century, originally in a range of senses encompassing '(public) policy; state; public order', the word police comes from Middle French police ('public order, administration, government'), in turn from Latin politia , which is the romanization of the Ancient Greek πολιτεία ( politeia ) 'citizenship, administration, civil polity'. This
17020-466: The responsibility for supervising the investigation by the police into whether a crime has been committed falls on an examining magistrate or judge who then conducts the trial. The assumption is that the truth is more likely to emerge from an impartial and exhaustive investigation, both before and during the trial itself. The examining magistrate or judge acts as an inquisitor who directs the fact-gathering process by questioning witnesses , interrogating
17168-413: The rise of plea bargaining) were "unwitting and reflexive, generally wasteful of public resources and, because of the absence of trained professionals, little more than slow guilty pleas themselves", and that the guilty-plea system that emerged in the latter half of the nineteenth century was a superior, more cost-effective method of achieving fair outcomes. Robert Burns argues that the jury trial provides
17316-472: The same conditions since 1994, though deliberations must have gone for at least six hours before a majority verdict can be made. Western Australia accepted majority verdicts in 1957 for all trials except where the crime is murder or has a maximum penalty of life imprisonment: a 10-2 verdict is accepted. Majority verdicts of 10-2 have been allowed in Tasmania since 1936 for all cases, except murder and treason, if
17464-472: The same responsibilities as chief tithingmen and additionally as royal officers. The constable was elected by his parish every year. Eventually, constables became the first 'police' official to be tax-supported. In urban areas, watchmen were tasked with keeping order and enforcing nighttime curfew. Watchmen guarded the town gates at night, patrolled the streets, arrested those on the streets at night without good reason, and also acted as firefighters. Eventually
17612-420: The so-called Peelian principles , which set down basic guidelines for ethical policing: The Metropolitan Police Act 1829 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 from
17760-419: The sovereign, or the ministers, were ever disappointed in the issue of a prosecution. Timid juries, and judges who held their offices during pleasure, never failed to second all the views of the crown. And as the practice was anciently common of fining, imprisoning, or otherwise punishing the jurors, merely at the discretion of the court, for finding a verdict contrary to the direction of these dependent judges; it
17908-399: The state against foreign aggressors; however, gendarmerie are military units charged with civil policing. Police forces are usually public sector services, funded through taxes. Law enforcement is 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
18056-512: The state. In Constance the jury trial was suppressed by decree of the Habsburg monarchy in 1786. The Frankfurt Constitution of the failed Revolutions of 1848 called for jury trials for "the more serious crimes and all political offenses", but was never implemented after the Frankfurt Parliament was dissolved by Württemberg dragoons . An 1873 draft on criminal procedure produced by
18204-562: The stolen property. They were private individuals usually hired by crime victims. The earliest English use of the word police seems to have been the term Polles mentioned in the book The Second Part of the Institutes of the Lawes of England published in 1642. The first example of a statutory police force in the world was probably the High Constables of Edinburgh , formed in 1611 to police
18352-454: The streets of Edinburgh , then part of the Kingdom of Scotland . The constables, of whom half were merchants and half were craftsmen, were charged with enforcing 16 regulations relating to curfews, weapons, and theft. At that time, maintenance of public order in Scotland was mainly done by clan chiefs and feudal lords. The first centrally organised and uniformed police force was created by the government of King Louis XIV in 1667 to police
18500-619: The streets, keeping the peace, and making arrests when necessary. The yoriki were responsible for managing the dōshin . Yoriki and dōshin were typically drawn from low-ranking samurai families. Assisting the dōshin were the komono , non-Samurai chōnin who went on patrol with them and provided assistance, the okappiki , non-Samurai from the lowest outcast class, often former criminals, who worked for them as informers and spies, and gōyokiki or meakashi , chōnin, often former criminals, who were hired by local residents and merchants to work as police assistants in
18648-475: The surrounding areas, the Medjay were used throughout Upper and Lower Egypt . Each regional unit had its own captain. The police forces of ancient Egypt did not guard rural communities, which often took care of their own judicial problems by appealing to village elders, but many of them had a constable to enforce state laws. In ancient Greece , publicly owned slaves were used by magistrates as police. In Athens ,
18796-447: The suspect, and collecting other evidence. The lawyers who represent the interests of the state and the accused have a limited role to offer legal arguments and alternative interpretations to the facts that emerge during the process. All the interested parties are expected to cooperate in the investigation by answering the magistrate or judge's questions and, when asked, supplying all relevant evidence. The trial only takes place after all
18944-488: The time for staging robberies in order to receive the reward. In 1737, George II began paying some London and Middlesex watchmen with tax monies, beginning the shift to government control. In 1749, Judge Henry Fielding began organizing a force of quasi-professional constables known as the Bow Street Runners . The Bow Street Runners are considered to have been Britain's first dedicated police force. They represented
19092-476: The town treasury. The Talmud also mentions city watchmen and mounted and armed watchmen in the suburbs. In many regions of pre-colonial Africa , particularly West and Central Africa, guild-like secret societies emerged as law enforcement. In the absence of a court system or written legal code, they carried out police-like activities, employing varying degrees of coercion to enforce conformity and deter antisocial behavior. In ancient Ethiopia , armed retainers of
19240-599: The town, there were officers for every tribe. The temple in Jerusalem had special temple police to guard it. The Talmud mentions various local police officials in the Jewish communities of the Land of Israel and Babylon who supervised economic activity. Their Greek-sounding titles suggest that the roles were introduced under Hellenic influence. Most of these officials received their authority from local courts and their salaries were drawn from
19388-480: The towns and villages to protect their subjects from crime. Various inscriptions and literature from ancient India suggest that a variety of roles existed for law enforcement officials such as those of a constable, thief catcher, watchman, and detective. In ancient India up to medieval and early modern times, kotwals were in charge of local law enforcement. The Achaemenid Empire had well-organized police forces. A police force existed in every place of importance. In
19536-553: The tripartite relationship between employee, employer, and union. Individual labour law concerns employees' rights at work also through the contract for work. Employment standards are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former US Employment Standards Administration) enforce labour law (legislature, regulatory, or judicial). In common law systems, an adversarial or accusatory approach
19684-502: The twelfth century against banditry 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 an hermandad occurred when the towns and the peasantry of the north united to police the pilgrim road to Santiago de Compostela in Galicia , and protect
19832-443: 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 . To distance the new police force from the initial public view of it as a new tool of government repression, Peel publicised
19980-404: The use of force legitimized by the state via the monopoly on violence . The term is most commonly associated with the police forces 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 the military and other organizations involved in the defense of
20128-403: The vast majority of criminal cases are settled by plea bargain , which bypasses the jury trial. Some commentators contend that the guilty-plea system (and the high costs incurred in trials) unfairly coerces defendants into relinquishing their right to a jury trial. Others contend that there never was a golden age of jury trials, but rather that juries in the early nineteenth century (before
20276-480: The way they voted was kept secret because the jurists would hold their disk by the axle by thumb and forefinger, thus hiding whether its axle was hollow or solid. Since Periclean times, jurists were compensated for their sitting in court, with the amount of one day's wages. The institution of trial by jury was ritually depicted by Aeschylus in The Eumenides , the third and final play of his Oresteia trilogy. In
20424-634: Was also known as the Maréchaussée , or, formally, the Constabulary and Marshalcy of France. In late medieval Italian cities, police forces were known as berovierri . Individually, their members were known as birri . Subordinate to the city's podestà , the berovierri were responsible for guarding the cities and their suburbs, patrolling, and the pursuit and arrest of criminals. They were typically hired on short-term contracts, usually six months. Detailed records from medieval Bologna show that birri had
20572-564: Was committed, and if the offence was not committed within any State the trial shall be held at such place or places as the Parliament prescribes. The first trials by civilian juries of 12 in the colony of New South Wales were held in 1824, following a decision of the NSW Supreme Court on 14 October 1824. The NSW Constitution Act of 1828 effectively terminated trial by jury for criminal matters. Jury trials for criminal matters revived with
20720-404: 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
20868-523: Was first introduced in the Rhenish provinces in 1798, with a court consisting most commonly of 12 citizens ( Bürger ). The system whereby citizens were tried by their peers chosen from the entire community in open court was gradually superseded by a system of professional judges in Germany, in which the process of investigation was more or less confidential and judgements were issued by judges appointed by
21016-664: Was further reformed during the New Kingdom period. Police officers served as interrogators, prosecutors, and court bailiffs, and were responsible for administering punishments handed down by judges. In addition, there were special units of police officers trained as priests who were responsible for guarding temples and tombs and preventing inappropriate behavior at festivals or improper observation of religious rites during services. Other police units were tasked with guarding caravans, guarding border crossings, protecting royal necropolises , guarding slaves at work or during transport, patrolling
21164-443: Was organized, uniformed and armed like a military unit and was responsible for interventions against various crimes and the arrest of suspected criminals. These guards were assisted by the military, fire patrolmen, and a civilian unit that did not wear a uniform, but instead wore a small badge around the neck. The civilian unit monitored compliance with city ordinances relating to e.g. sanitation issues, traffic and taxes. In rural areas,
21312-548: Was paid. Edward Bushel, a member of the jury, nonetheless refused to pay the fine. Bushel petitioned the Court of Common Pleas for a writ of habeas corpus . The ruling in the Bushel's Case was that a jury could not be punished simply on account of the verdict it returned. Many British colonies, including the United States , adopted the English common law system in which trial by jury
21460-424: Was required to participate in a tithing. Members of tithings were responsible for raising "hue and cry" upon witnessing or learning of a crime, and the men of his tithing were responsible for capturing the criminal. The person the tithing captured would then be brought before the chief tithingman, who would determine guilt or innocence and punishment. All members of the criminal's tithing would be responsible for paying
21608-699: Was responsible for investigating petty crimes and carrying out arrests. In ancient Egypt evidence of law enforcement exists as far back as the Old Kingdom period . There are records of an office known as "Judge Commandant of the Police" dating to the fourth dynasty . During the fifth dynasty at the end of the Old Kingdom period, warriors armed with wooden sticks were tasked with guarding public places such as markets, temples, and parks, and apprehending criminals. They are known to have made use of trained monkeys, baboons, and dogs in guard duties and catching criminals. After
21756-427: Was to act as bodyguards to magistrates who held imperium , could carry out arrests and inflict punishments at their magistrate's command. Magistrates such as tresviri capitales , 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
21904-463: Was to be increased in 1720 when, after the end of the War of the Spanish Succession and the consequent rise of criminal offenses, the government offered £100 for the conviction of a highwayman. Although the offer of such a reward was conceived as an incentive for the victims of an offense to proceed to the prosecution and to bring criminals to justice, the efforts of the government also increased
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