Sheriff is both a political and a legal office held under English common law, Scots law or U.S. common law, or the person who holds such office. Politics Politics is the process by which groups of people make decisions Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Scots law is a unique legal system with an ancient basis in Roman law. The law of the United States was originally largely derived from the Common law system of English law, which was in force at the time of the Revolutionary The term "sheriff" originates from the older office position of "shire reeve". A shire is an Administrative division of Great Britain and Australia. In England, a reeve was an official elected annually by the Serfs to supervise lands for a Lord.
Contents |
History
See article History of the sheriff
Early modern usage
"The sheriff is an officer of high respectability in our judical system, and was known to the most early ages of the common law. A Conservator of the Peace is defined as a public official authorized to conserve and maintain the Public peace. " (James Wilson, Lectures on Law, vol. 2, chapter 7, "The subject continued. Of sheriffs and coroners. ") At the time Wilson stated this, in 1790-1, the powers and duties of a sheriff were "in general, coincident with those of a marshal. Marshal (also sometimes spelled marshall in American English, but not in British English) is a word used in several official titles of various branches " At that time, marshals were appointed "for each district for the term of four years; but [were] removable from. . . office at pleasure. " According to the then state of constitutional law, the "president nominates, and, with the advice and consent of the senate, appoints him. "
Wilson also notes that the office of coroner is, "in many instances, a necessary substitute: for if the sheriff is interested in a suit, or if he is of affinity with one of the parties to a suit, the coroner must execute and return the process of the courts of justice. "
Modern usage
Australia
The office of Sheriff was first established in Australia in 1824. For a topic outline on this subject see List of basic Australia topics. This was simultaneous with the appointment of the first Chief Justice of New South Wales. The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English The role of the Sheriff has not been static, nor is it identical in each Australian State. The Commonwealth of Australia is made up of 8 states and territories controlled under a federal system of government In the past his duties included: executing court judgements, acting as a coroner, the transportation of prisoners, managing the gaols, and carrying out executions (through the employment of an anonymous hangman). In non-legal contexts a judgment is a balanced weighing up of evidence preparatory to making a decision A coroner is an official responsible for investigating deaths particularly some of those happening under unusual circumstances and determining the cause of death Jail, or gaol (especially in Canada, Australia and NZ[http //www Hanging is the lethal suspension of a person by a ligature The Oxford English Dictionary states that hanging in this sense is "specifically to put to death Currently, no Australian State provides for capital punishment. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. A government department (usually called the Department of Corrections or similar) now runs the prison system and the Coroner’s Office handles coronial matters. The Sheriff is now largely responsible for enforcing the civil orders and fines of the court (seizing and selling the property of judgement debtors who do not satisfy the debt), providing court security, enforcing arrest warrants, evictions, taking juveniles into custody and running the jury system. A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them
Canada
Various jurisdictions in Canada on provincial and sub-provincial levels operate sheriff's departments primarily concerned with court bailiff services such as courtroom security, post-arrest prisoner transfer, serving legal processes, and executing civil judgments. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page Sheriffs are defined under Section 2 of the Criminal Code of Canada as "peace officers" and in many cases have the same authority as a police officer. The Criminal Code of Canada (long title An Act respecting the criminal law, R In other parts of Canada not covered by a sheriff's agency, bailiff functions are handled directly by the local, provincial police or Royal Canadian Mounted Police as appropriate. Bailiff (from Late Latin baiulivus, Adjectival form of baiulus) is a Governor or Custodian (cf
Alberta
In 2006 the Province of Alberta expanded the duties[1] of the provincial Sheriffs department to include tasks such as traffic enforcement, investigation and fugitive apprehension. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Alberta (ælˈbɝtə is one of Canada's prairie provinces. It became a province on September 1 1905 As of June 2008 the Provincial Sheriffs department consists of 105 Sheriffs who are assigned to one of three regions of the province.
India
- See also: Sheriff of Mumbai
Among cities in India, only Mumbai (Bombay), Chennai (Madras) and Kolkata (Calcutta) have a Sheriff. The Sheriff of Mumbai is an apolitical titular position of authority bestowed for one year on a prominent citizen of Mumbai (Bombay India, officially the Republic of India (भारत गणराज्य inc-Latn Bhārat Gaṇarājya; see also other Indian languages) is a country Mumbai ( Marathi:,, IPA: formerly Bombay, is the capital of the Indian state of Maharashtra and the financial The Sheriff has an apolitical, non-executive role. Sheriffs preside over various city-related functions and conferences and welcome foreign guests. The post is second to the mayor in the protocol list.
United Kingdom
England and Wales
The High Sheriff is, or was, a law enforcement position in Anglosphere countries. The High Sheriff is or was a law enforcement position in Anglosphere countries The High Sheriff of an English or Welsh county is an unpaid, partly ceremonial post appointed by The Crown through a Warrant from the Privy Council. In Cornwall the High Sheriff is appointed by the Duke of Cornwall.
Historically, the court officers empowered to enforce High Court writs were called Sheriffs or Sheriff's Officers. Bailiff (from Late Latin baiulivus, Adjectival form of baiulus) is a Governor or Custodian (cf For the Cameroonian court by this name see High Court of Justice (Cameroon, for the Israeli court of this name see Supreme Court of Israel. In Law, a writ is a formal written order issued by a body with administrative or judicial Jurisdiction. In April 2007 they were replaced by High Court enforcement officers. High Court Enforcement Officers are authorised by the Lord Chancellor to execute High Court Writs They can seize and sell goods to cover the amount of
City of London
In the City of London, the position of sheriff is one of the officers of the Corporation. There are two Sheriffs of the City of London. The sheriffs are elected annually by the Liverymen of the Livery Companies, and it is a requirement for a For London as a whole see the main article London. The City of London is a geographically The City of London Corporation (formerly known as the Corporation of London)is the municipal governing body of the City of London. Two are elected by the liverymen of the City each year to assist the Lord Mayor, attend the Central Criminal Court at the Old Bailey, and present petitions to Parliament: usually one is an alderman and the other is not. The Right Honourable Lord Mayor of London is the legal title for the Mayor of (and head of the City of London Corporation. The Central Criminal Court in England, commonly known as the Old Bailey, is a court The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories An alderman is a member of a municipal assembly or council in many jurisdictions The aldermanic sheriff is then likely to become Lord Mayor in due course.
Scotland
- See also: Scots law
In Scotland, a sheriff is an analogous to a judge and sits in a second-tier court, called the Sheriff Court. Sheriff courts provide the local Court service in Scotland, with each court serving a sheriff court district within a Sheriffdom. Scots law is a unique legal system with an ancient basis in Roman law. Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain. A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its Sheriff courts provide the local Court service in Scotland, with each court serving a sheriff court district within a Sheriffdom. The Sheriff is legally qualified, in comparison with a lay Justice of the Peace who preside over the first-tier District Courts in Scotland. A Justice of the Peace ( JP) is a Puisne Judicial officer appointed by means of a commission to keep the peace A District Court is the lowest level of court in Scotland. It deals mainly with minor offences and they operate under summary procedure. Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain.
The sheriff court is a court of first instance for the majority of both civil and criminal cases. However, the court's powers are limited, so that major crimes such as rape or murder and complex or high-value civil cases are dealt with in the High Court (for criminal matters) or the Court of Session (for civil matters). Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries The High Court of Justiciary is the supreme criminal court of Scotland. The Court of Session is the supreme civil court of Scotland. It is both a Court of first instance and a court of Appeal and sits exclusively
There are six Sheriffdoms in Scotland, each with a Sheriff Principal. A sheriffdom is a judicial district in Scotland. Since 1 January 1975 there have been six sheriffdoms The office of sheriff principal is unique within the judicial structure of Scotland, and it cannot therefore readily be compared with any other judicial office Within each Sheriffdom there are several Sheriff Courts; each Court has at least one courtroom and at least one Sheriff. A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its A courtroom is the actual enclosed space in which a judge regularly holds Court. A Sheriff may sit at different courts throughout the Sheriffdom. Scottish Courts Website
Sheriffs are usually advocates and, increasingly, solicitors with many years legal experience. An advocate is one who speaks on behalf of another person especially in a legal context A "solicitor" is a term used in many Common law jurisdictions for a lawyer who offers legal services outside of the courts Until recently, they were appointed by the Scottish Executive, on the advice of the Lord Advocate. The Scottish Government (SG ( Scottish Gaelic: Riaghaltas na h-Alba) is the executive arm of the government of Scotland. Her Majesty's Advocate (or when the monarch is male His Majesty's Advocate) known as the Lord Advocate (Morair Tagraidh is the chief legal officer of the Scottish However, the Scotland Act 1998 introduced the European Convention of Human Rights into Scots law. The Scotland Act 1998 (1998 c 46 is an Act of the Parliament of the United Kingdom. The Convention for the Protection of Human Rights and Fundamental Freedoms (also called the "European Convention on Human Rights" and "ECHR" was adopted under the Scots law is a unique legal system with an ancient basis in Roman law. A subsequent legal challenge to the impartiality of the Sheriffs based on the provisions of the Convention led to the setting up of the Judicial Appointments Board for Scotland, which now makes recommendations to the First Minister, who nominates all judicial appointments in Scotland other than in the District Court. The Judicial Appointments Board for Scotland is Public body responsible for making recommendations on appointments to judicial offices in Scotland. The First Minister of Scotland (Prìomh Mhinistear na h-Alba First Meinister o Scotland is the head of the devolved Scottish Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain. District courts are a category of Courts which exists in several nations Nominations are made to the Prime Minister, who in turn makes the recommendation to the Queen. The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the political leader of the United Kingdom For the ship see RMS Queen Elizabeth 2 Elizabeth II (Elizabeth Alexandra Mary Context States headed by Elizabeth II
Ireland
In the Republic of Ireland sheriff is a job title held by persons charged with either enforcing court judgements or recovering outstanding taxes on behalf of the Revenue Commissioners. Ireland ( Irish: Éire, ˈeːrʲə is a country in north-western Europe. The Office of the Revenue Commissioners ( RC) ( - now called simply Revenue - is the Irish Government agency responsible for Customs, Excise City or county sheriffs are appointed by the government whom, on the granting of a court order can seize goods and chattels or, under the order of the revenue's Collector-General, demand payment against tax. The city or county Sheriff is also the returning officer in elections in both Dublin city county and Cork city and county. In various parliamentary systems a Returning Officer is responsible for overseeing Elections in one or more constituencies Dublin (ˈdʌblɨn/ /ˈdʊblɨn or /ˈdʊbəlɪn/, bˠalʲə aːha klʲiəh or cliə(ɸ is both the largest city and capital of Ireland. Cork (Corcaigh is the second largest city in the Republic of Ireland and the island of Ireland 's third most populous city after Dublin and Belfast
In some counties the county registrar performs these duties in lieu of a sheriff. Additionally, each of the twenty six county registrars is responsible for jury selection when the circuit court requires it in that county.
United States
In the United States a sheriff is generally (but not always) the highest, usually elected, law enforcement officer of a county and commander of militia in that county. In the United States, a Sheriff is generally (but not always the highest law enforcement officer of a county and commander of Militia The United States of America —commonly referred to as the Policing in the United States is one of three major components of the Criminal justice system along with Courts and Corrections. A county of the United States is a local level of government created as a subdivision of a state by the state government or by the federal or territorial government as a subdivision The term militia is commonly used today to refer to a military force composed of ordinary Citizens to provide defense emergency law enforcement or Paramilitary service The political election of a person to serve as a police leader is an almost uniquely American tradition. Politics of the United States takes place in the framework of a presidential, Federal republic where the President of the United States (the Head of Police are agents or agencies usually of the executive, empowered to enforce the law and to effect public and social order through the legitimatized use of force (The practice has been followed in the British Channel Island of Jersey since at least the 16th century. [2]) All law enforcement officers working for the agency headed by a sheriff are called sheriff's deputies or deputy sheriffs and are so called because they are deputized by the sheriff to perform the same duties as he. (In some states, however, a Sheriff may not be a sworn officer but merely an elected official in charge of sworn officers. ) These officers may be subdivided into general deputies and special deputies. In some places, the sheriff has the responsibility to recover any deceased persons within their county. That is why often the full title is Deputy Sheriff-Coroner, Deputy Sheriff Coroner or Deputy Sheriff/Coroner, and the sheriff's title is Sheriff Coroner or Sheriff/Coroner. A coroner is an official responsible for investigating deaths particularly some of those happening under unusual circumstances and determining the cause of death The second-in-command of the department is sometimes called an undersheriff or "Chief Deputy". An undersheriff is an office derived from ancient British practice and still extant in among other places the United Kingdom and the United States though somewhat different forms This is akin to the deputy chief of police position of a police department. Chief of Police is the title typically given to the head of a Police department, particularly in North America. Police are agents or agencies usually of the executive, empowered to enforce the law and to effect public and social order through the legitimatized use of force In some counties, the undersheriff is the Warden of the county Jail (gaol) or other local Correctional institution. Jail, or gaol (especially in Canada, Australia and NZ[http //www A prison, penitentiary, or correctional facility is a place in which individuals are physically confined or interned and usually deprived of a range of
In many areas of the United States, the sheriff is also responsible for collecting the taxes and may have other titles such as Tax Collector or County Treasurer.
In the U. S. , the relationship between the sheriff and other police departments varies widely from state to state, and indeed in some states from county to county. A US state is any one of the fifty subnational entities of the United States of America that share Sovereignty with the federal government In the northeastern U. S. , the sheriff's duties have been greatly reduced with the advent of state-level law enforcement agencies, especially the state police and local agencies such as the county police. State police are a type of sub-national Territorial police force, particularly in Australia and the United States. County police are the Police of a County in the United States, Sweden and England (formerly in Scotland and Wales
Sheriff offices may coexist with other county level law enforcement agencies such as the County police, County park police, county detectives etc. County police are the Police of a County in the United States, Sweden and England (formerly in Scotland and Wales
High Sheriff in the United States
Some U. The High Sheriff is or was a law enforcement position in Anglosphere countries S. States have a similar position to the British High Sheriff; however, only the states of Hawaii, Virginia, New Hampshire and Rhode Island still use it. The State of Hawaii ( or həˈwaɪʔiː Hawaiian: Mokuāina o Hawaii) is a state in the United States located on an Archipelago in the The Commonwealth of Virginia ( is an American state New Hampshire ( is a state in the New England region of the northeastern United States of America. Rhode Island ( officially named the State of Rhode Island and Providence Plantations, is a state in the New England region of the United States
The New York City Sheriff's Office is the oldest civil law enforcement agency in the city of New York with jurisdiction that covers New York City, which contains five counties, also known as The Five Boroughs, each of which contains an Undersheriff. The New York City Sheriff's Office is the civil law enforcement division of the New York City Department of Finance. The City of New York In New York City, a borough is a unique form of government which administers the five fundamental constituent parts that make up the consolidated city An undersheriff is an office derived from ancient British practice and still extant in among other places the United Kingdom and the United States though somewhat different forms The NYC Sheriffs deputies are granted Peace Officer Status under New York State Penal law and enforce court orders including child support enforcement. City Sheriff Deputies also serve court process papers and assist in enforcing court judgements. NYC Sheriffs Deputies may make arrests for violations of State or city law as well as for contempt of court orders and arrests under NYS mental hygiene laws. Deputies are selected through civil service exams given by the city of New York.
See also
- National Sheriffs' Association
- High Sheriff
- Police memorabilia collecting
- Sharif, an Arab office sometimes anglicised as "Sheriff"
- Schultheiß, the equivalent German mediæval office
- Constable
- Marshal
- Viscount
References
- ^ Alberta sheriffs make highway debut this weekend. The National Sheriffs' Association (NSA is a US Trade association dedicated to raising the level of professionalism among U The High Sheriff is or was a law enforcement position in Anglosphere countries Police memorabilia collecting is a Hobby involving the collection and trading of law enforcement related Patches or Badges, and other memorabilia including Sharīf ( Arabic: شريف is a traditional Arab tribal Title given to those who serve as the protector of the tribe and all tribal The araB gene Promoter is a bacterial promoter activated by e L-arabinose binding In Medieval Germany, the Schultheiß ( Middle High German: Schultheize, latinised Scultetus; in Switzerland: A constable is a person holding a particular office most commonly in law enforcement. Marshal (also sometimes spelled marshall in American English, but not in British English) is a word used in several official titles of various branches A viscount ( VAI-count is a member of the European Nobility whose comital title ranks usually as in the British peerage, above a CBC (2006). Retrieved on 2008-06-03. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 350 - Roman usurper Nepotianus, of the Constantinian dynasty, proclaims himself Roman Emperor, entering
- ^ Balleine's History of Jersey
Dictionary
sheriff
-noun
- (UK) excl. (Scotland) (High Sheriff) An official of a shire or county office, responsible for carrying out court orders and other duties.
- (Scotland) A judge in the sheriff court, the court of a county or sheriffdom.
- (US) A police officer, usually the chief of police for a county or other district.
Dapyx Software network: MP3 Explorer | Ebook Manager | Zenithic