A History of Police in EnglandLee, W. L. Melville (William Lauriston Melville)
History
A History of Police in England
Lee, W. L. Melville (William Lauriston Melville)
Police -- England
If the co-operation of which we have been speaking is to be complete,
it should rest on a more substantial basis than goodwill: it is not
sufficient that private citizens should be well-disposed towards
their allies, it is necessary also that they should be acquainted
with the conditions that govern the mutual relationship. The sphere
of police utility is seriously limited by reason of the ignorance
which commonly prevails, both as to the executive powers that private
persons can assume as citizens, and with respect to the functions that
officials may exercise by virtue of their office. In his "History of
the Criminal Law," Sir James Stephen thus explains the position. "The
police in their different grades are no doubt officers appointed by
law for the purpose of arresting criminals, but they possess for this
purpose no powers that are not also possessed by private persons....
A policeman has no other right as to asking questions or compelling
the attendance of witnesses than a private person has; in a word, with
a few exceptions, he may be described as a person paid to perform
as a matter of duty acts, which if he so minded, he might have done
voluntarily."[220] The law on the subject is further defined by
another authority in these words. "If a constable be assaulted in the
execution of his office, he need not go back to the wall, as private
persons ought to do; and if, in the striving together, the constable
kill the assailant, it is no felony; but if the constable be killed
it shall be construed premeditated murder."[221] For all practical
purposes, however, the only real difference that exists between the
powers that are actively made use of by the police, and the latent
powers that are vested in every British citizen, is this:--A police
officer may arrest (without warrant) if he has a reasonable suspicion
that a felony has taken place; a private person cannot arrest unless he
has certain knowledge that a felony has actually been committed.
Within these limits, and according to our opportunities, the duty of
each one of us is clear and inalienable, remaining the same to-day as
it was in the time of Queen Elizabeth, when it was written "So that
every English man is a sergeant to take the thiefe, and who sheweth
negligence therein do not only incurre Evil opinion therefore, but
hardly shall escape punishment."[222]
CHAPTER XVII
POLICE STATISTICS AND PENOLOGY
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