Sheriff 89516 223794327 2008-07-05T21:04:28Z Sallicio 5859517 /* United States */ add disambiguation {{otheruses}} '''Sheriff''' is both a [[political]] and a [[legal]] office held under [[English and Welsh law|English common law]], [[Scots law]] or [[Law of the United States|U.S. common law]], or the person who holds such office. The term "sheriff" originates from the older office position of "[[shire]] [[Reeve (England)|reeve]]". ==History== ''See article [[History of the sheriff]]'' ==Early modern usage== "The sheriff is an officer of high respectability in our judicial system, and was known to the most early ages of the common law." (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]]." 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. This was simultaneous with the appointment of the first [[Chief Justice]] of [[New South Wales]]. The role of the Sheriff has not been static, nor is it identical in each [[States and territories of Australia|Australian State]]. In the past his duties included: executing court [[judgement]]s, acting as a [[coroner]], the transportation of prisoners, managing the [[gaol]]s, and carrying out executions (through the employment of an anonymous [[Hanging|hangman]]). Currently, no Australian State provides for [[capital 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. ===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. 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. 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. ====Alberta==== In [[2006]] the Province of [[Alberta]] expanded the duties<ref> {{cite web | title = Alberta sheriffs make highway debut this weekend | publisher = CBC | date = 2006 | url = http://www.cbc.ca/canada/edmonton/story/2006/09/01/alberta-sheriffs.html | accessdate = 2008-06-03}} </ref> of the provincial Sheriffs department to include tasks such as Traffic Enforcement,VIP Protection, Investigation and Fugitive Apprehension(FASST). As of June 2008 the Provincial Sheriffs department consists of 105 Traffic Sheriffs who are assigned to one of seven regions in the province. Sheriffs also assist various Police Service in Alberta with Prisoner management ie. Oilers/Flames Playoffs and Canada Day. ===India=== {{see also|Sheriff of Mumbai}} Among cities in [[India]], only [[Mumbai]] (Bombay), [[Chennai]] (Madras) and [[Kolkata]] (Calcutta) have a Sheriff. 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==== [[Image:Sheriff of Oxford 2008.jpg|thumb|right|The Sheriff of [[Oxford]] for the civic year 2008/2009, Cllr&nbsp;John Goddard, speaking shortly after his election as such, with Cllr&nbsp;Susanna Pressel, [[Lord Mayor]] of Oxford, next to him.]] {{main|High Sheriff}} 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 officer]]s empowered to enforce [[High Court of Justice| High Court]] [[writ]]s were called Sheriffs or Sheriff's Officers. In April 2007 they were replaced by [[High Court enforcement officers]]. ====City of London==== {{main|Sheriff of the City of London}} In the [[City of London]], the position of sheriff is one of the officers of the [[City of London Corporation|Corporation]]. Two are elected by the [[Livery Company|liverymen]] of the City each year to assist the [[Lord Mayor of the City of London|Lord Mayor]], attend the Central Criminal Court at the [[Old Bailey]], and present petitions to [[Parliament of the United Kingdom|Parliament]]: usually one is an [[alderman]] and the other is not. The aldermanic sheriff is then likely to become Lord Mayor in due course. ====Scotland==== {{main|Sheriff Court}} {{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]]. The Sheriff is legally qualified, in comparison with a [[lay]] [[Justice of the Peace]] who preside over the first-tier [[District Courts of Scotland|District Courts]] in [[Scotland]]. 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 of Justiciary|High Court]] (for criminal matters) or the [[Court of Session]] (for civil matters). There are six [[Sheriffdom]]s in Scotland, each with a [[Sheriff Principal]]. Within each Sheriffdom there are several Sheriff [[Court]]s; each Court has at least one [[courtroom]] and at least one Sheriff. A Sheriff may sit at different courts throughout the Sheriffdom. [http://www.scotcourts.gov.uk Scottish Courts Website] Sheriffs are usually [[advocate]]s and, increasingly, [[solicitor]]s with many years legal experience. Until recently, they were appointed by the [[Scottish Executive]], on the advice of the [[Lord Advocate]]. However, the [[Scotland Act 1998]] introduced the [[European Convention of Human Rights]] into [[Scots 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 of Scotland|First Minister]], who nominates all judicial appointments in [[Scotland]] other than in the [[District Court]]. Nominations are made to the [[Prime Minister of the United Kingdom|Prime Minister]], who in turn makes the recommendation to the [[Elizabeth II of the United Kingdom|Queen]]. ===Ireland=== In [[Republic of Ireland|Ireland]], a sheriff can be either: *A [[court officer]] in both [[Dublin| Dublin City]] and [[County Dublin|County]] and [[Cork| Cork City]] and [[County Cork|County]] who earn their fees from [[poundage]] (commission) *[[Civil servants]] employed by the [[Office of the Revenue Commissioners|Revenue Commissioners]], known popularly as "tax sheriffs" In both cases sheriffs are charged with enforcing [[civil judgements]] against debtors within their [[bailiwick]]. Outside Dublin and Cork the [[County Registrar]] carries out the functions of the sheriff regarding judgements. The Dublin and Cork sheriffs also perform all the duties of [[returning officer]]s in elections (other than local elections) and some other duties concerning [[Animal shelter|pounds]]. Sheriffs may appoint court messengers, subject to approval of the [[Minister for Justice, Equality and Law Reform|Minister for Justice]], to assist them with their work. ===United States=== {{main|Sheriffs in the United States}} {{Refimprove|date=May 2007}} [[Image:Deputy sheriff Mogollon New Mexico.jpg|thumb|200px|right|Deputy Sheriff in 1940]] In the [[United States]] a sheriff is generally (but not always) the highest, usually elected, [[policing in the United States|law enforcement]] officer of a [[county (United States)|county]] and commander of [[militia]] in that county. The [[politics of the United States|political]] election of a person to serve as a [[police]] leader is an almost uniquely American tradition. (The practice has been followed in the British Channel Island of Jersey since at least the 16th century.<ref>''Balleine's History of Jersey''</ref>) All law enforcement officers working for the agency headed by a sheriff are called '''sheriff's deputies''', '''deputy sheriffs''', or '''sheriff's police''' 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 deputy|general deputies]] and [[Special deputy|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'''. The second-in-command of the department is sometimes called an '''[[undersheriff]]''' or "Chief Deputy". This is akin to the deputy [[chief of police]] position of a [[police department]]. In some counties, the undersheriff is the [[Warden]] of the county [[Jail]] (gaol) or other local [[Correctional institution]]. 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 [[U.S. state|state]] to state, and indeed in some states from county to county. 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]]. Sheriff offices may coexist with other county level law enforcement agencies such as the [[County police]], County [[park police]], [[county detective]]s etc. ====[[High Sheriff]] in the United States==== Some U.S. States have a similar position to the British High Sheriff; however, only the states of [[Hawaii]], [[Virginia]],{{Fact|date=June 2008}} [[New Hampshire]] and [[Rhode Island]] still use it. 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 [[Borough (New York City)|The Five Boroughs]], each of which contains an [[Undersheriff]]. 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 == <references/> {{wiktionary}} [[Category:Sheriffs|*]] [[Category:Titles]] [[Category:Government occupations]] [[Category:Judiciary of Scotland]] [[Category:Legal occupations]] [[Category:Law enforcement titles]] [[de:Sheriff]] [[es:Sheriff]] [[fa:کلانتر]] [[fr:Shérif]] [[is:Fógeti]] [[it:Sceriffo]] [[hu:Seriff]] [[nl:Sheriff]] [[ja:保安官]] [[no:Sheriff]] [[pl:Szeryf]] [[pt:Xerife]] [[ru:Шериф]] [[fi:Seriffi]] [[sv:Sheriff]] [[tr:Şerif (görevli)]] [[uk:Шериф]]