Sir Robert PeelSir Robert Peel was Prime Minister of the United Kingdom of Great Britain and Northern Ireland twice; between 1834 and 1835, and then again between 1841 and 1846. As Home Secretary, he helped create the Police Force and in ‘Talking to Pharaohs’ he discusses the principles of policing and his reasons for adopting them.
Peel – police principles
RLF: Since you founded one of the first police forces in Britain, earlier ones being formed in the city of Glasgow, and in the industrial town of Stalybridge, would you like to say why your policing principles are as important today as they were in your day?
RP: For an impartial body of officers to enforce the laws of the land, and enforce it within the full rigour of the law and only within the law, then that body of men and women must be governed by some principles. Were they not so governed, they could hardly be said to be law enforcement officers, at least not ones commanding of respect and cooperation from the public they were set up to serve.
First, I stated that the basic mission for which the police exist is to prevent crime and disorder. It is not, in any sense, to be thought of as an arm of government – that is the role of the armed forces. The police enforce the laws of the land, legislated by elected governments in Acts of Parliament. They have no role to play other than that. It is not so in many other countries, but it is in this one.
The second principle conveys the sense that the ability of the police to perform their duties is dependent upon the public approval of police actions.
RLF: This principle seems to imply a contractual obligation on two sides; on the part of the public, and on the part of the police, does it not?
RP: That is exactly what is implied by this second principle, though this contractual obligation is, of course, largely unwritten. For the police, the approval of the public is a vital prerequisite to the satisfactory working of the policing of this nation. Without the approval of the public for all the actions of the police, the enforcing of the law would break down and chaos would rule.
RLF: But surely there are those who would withhold their approval of police actions.
RP: We do not seek, for example, the approval of the felon, convicted or otherwise, and especially not while we are in pursuit of him after he has committed a crime.
RLF: But if undue force was used to apprehend him, then would any of us be right in approving of such action?
RP: You would be quite right in withdrawing your approval, more, you would be right in expressing your disapproval, through non-violent means, of course.
RLF: So even the felon has certain inalienable rights as a human being?
RP: It may surprise you to know that he does, even as he stands convicted of a crime, even then. He must forego his right to freedom of movement if he is sentenced to imprisonment, but he shall not expect rough treatment or any form of cruelty or brutality at the hands of the guards in that prison. He is serving his time by virtue of his having his freedom curtailed. That and only that is what the law has meted out to him in the way of punishment for his crimes.
The third principle is that the police must secure the willing co-operation of the public in voluntary observation of the law to be able to secure and maintain the respect of the public.
Two things are important to stress here – the willing co-operation of them in voluntary observation of the law.
Willing co-operation and voluntary observation of the law, notice. These are of prime importance to the correct enforcement of law and order. If one or the other is absent, we talk of a break-down of law and order.
RLF: Why should be willingly co-operate with the police?
RP: For the simple reason, my friend, that to do otherwise amounts to acting irrationally with respect to life.
RLF: Do you mean that man is acting rationally when willingly co-operating with the police?
RP: Exactly so. In so doing, man is in fact, looking after his best interests and those of his fellow man.
RLF: Why exactly?
RP: Because it is in respecting the rule of law, and by extension, those who represent it and enforce it, that he is ensuring a civilized society in which to live. Is that not rational to want – to live in a land in which the forces of law and order, governed by principles that are open to public scrutiny, particularly at times of re-election of governments – national and local?
The fourth principle by which law enforcement is governed is that the degree of public co-operation that can be secured diminishes proportionally to the necessity of the use of physical force. That this is so has already been argued; specifically, that even a felon, a murderer, even such an one as he, is deemed innocent until proven guilty, and in any case, even after being convicted of the crime of murder, even then, under our new laws, no body, not even a legislature answerable to an elected government has the right to take that man’s life.
RLF: But is incarceration at Her Majesty’s pleasure not a fate worse that death?
RP: Hardly, particularly since terms of life imprisonment rarely mean that to the letter. Prison is expected to reform the felon, the murderer, even, and to rehabilitate him until he is fit to join the society from which he was removed in the execution of his sentence.
We must admit that sometimes force is necessary in the apprehending of a felon, or in preventing violence to be visited upon an unsuspecting, innocent victim. I think in that latter case, some proper amount of force is wholly justifiable – though no more than is needed.
RLF: If police officers are seen to have used undue amounts of force, then the co-operation of the public should be suspended, should it?
RP: That would be too rash a reaction. Better if the offending officers be appropriately reprimanded for their use of unnecessary amounts of force in the pursuit of their duties.
The fifth principle is that the police seek and preserve public favour, not by catering to public opinion, but by demonstrating absolute impartial service to the law. Of course, public opinion is a powerful instrument when it applies to justice and right, which it most probably does most of the time, on most issues.
RLF: But what if public opinion goes against police action, what then? Who shall be adjudged to be in the right then?
RP: As I say, public opinion is rarely wrong – it has been called the genius of the British people, to favour the underdog, to come out on the side of right.
RLF: But who would decide, if it didn’t, on one particular occasion or case.
RP: Elected government, represented by the judiciary, and consisting of judges and barristers, applying some formerly approved instrument of the law of the land.
RLF: Are you then saying that public opinion would be disregarded?
RP: Not at all. It is a foolhardy government that does so.
RLF: Then where does the answer lie, from where is improvement to come?
RP: From consultation in the first instance, immediate and pressing as it would inevitably be, and from education in the longer term.
RLF: Who should play a part in this education of the masses?
RP: A responsible and free press has a vital part to play in representing both sides of an argument. Alas, I fear, the press is invariably lacking in this, falling short of impartiality, rather being more than impartial, and in that respect not fulfilling its obligations to freedom, democracy and justice.
RLF: There is room there for an entirely new discussion, is there not?
RP: There is indeed. Shall we move on to our sixth principle, promising to return to that discussion later.
The sixth principle of policing is that the police only use physical force to the extent necessary to secure observance of the law or to restore order, only when the exercise of persuasion, advice and warning is found to be insufficient. This is an adjunct to the fourth principle, is it not?
Better that the police succeed in their duties by these acts of persuasion, advice and warning, than by resorting to force. Having said that though, this, one might almost call it a right, this right of the police to use force in the apprehension of wrongdoers is vital if peace is to be restored and life be allowed to resume its even tenor. I will only add the proviso that such force is limited and used as this last resort, to save life, in particular.
Unarmed officers are far less likely to use force than armed ones, I think you will agree?
RLF: But there are those who think that the arming of an officer of the law acts as a deterrent to the wrongdoer.
RP: In a case in which a crime has not yet been committed, this has some logic to it. However, in the case of a crime having actually taken place, desperation may have set in and in the heat of a moment, a shot be fired. Is that not worth the police being usually unarmed?
The seventh principle, somewhat verbose in its articulation is that at all times, the police should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent upon every citizen in the interest of community welfare and existence.
RLF: A point well made by Socrates before taking the hemlock he was expected to drink as punishment for his crimes.
RP: That is so. We are all but human beings after all. It is in all our interests to behave like responsible citizens, and it ill behoves us to not co-operate with those selected to enforce laws that are put in place to secure that very quality that we needs must have in abundance to live a life that is worth the name.
The eighth principle of policing is that the police should always direct their action strictly towards their functions, and never appear to usurp the powers of the judiciary.
RLF: There is a degree of overlap in these principles, is there not?
RP: And rightly so, we are trying to outline principles that cover each and every possibility for injustice or abuse to occur, are we not?
RLF: There have recently been calls by many to change the basis of our relationship as citizens of the country, with the legal requirements under which we are obliged to live.
RP: What are they exactly?
RLF: That people are only deserving of their rights when acting in a responsible fashion, taking their responsibilities to the rest of us seriously. That should they not take these responsibilities seriously and hence carry them out, they forfeit their rights, or at least some of them.
RP: Let me say that we must distinguish human rights from the civil variety. Man’s rights in the first of these, are inviolate – life, liberty and the pursuit of happiness for our fellows in the United States, unwritten here on this side of the Atlantic, though by no means absent from those parts of our constitution, which while being largely unwritten in one document, nevertheless do exist.
If you mean a person’s civil rights, then that is far more arguable than the latter right – human ones.
We see, don’t we, that wayward parents, not acting properly towards the upkeep and education of their children forfeit their rights to bring them up under the same roof. We see a convicted felon’s right to liberty taken away from him. Be assured that this is not done likely, or without principled deliberations.
The final principle of policing is that the test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it.
There is always a great deal of pressure on the police, to, get a result, as they say these days, particularly in the solving of crimes and the apprehending of the guilty in cases of high visibility to the public at large.
RLF: And the press seem to add to this pressure, don’t they?
RP: A press that behaves responsibly, not merely acting out of the full consideration for the government, necessarily, or to sell papers, but to write only what is considered to be for the general public good.
RLF: How would you define that?
RP: What an impartial, responsible, rational citizen would deem appropriate in the case.
But having principles by which a people are policed is vital if we are to receive the accolades due to us as legislators of laws to ensure a just and fair society.
Reasons for breakdown in law and order
RLF: Why do you think law and order is breaking down in today’s society?
RP: Well, first of all, let me say that I don’t think it is breaking down, although I agree that things have worsened on the streets of Britain. I wouldn’t call it breaking down, which seems to imply a continuous process, leading, ultimately to the total collapse of the fabric of society. I don’t think that is what is happening.
RLF: Why?
RP: Because that would spell the end, and it is too horrible to contemplate, but more; the collapse, the total collapse of law and order is a forerunner to the loss of any legitimacy government must possess in the minds of the electorate. I don’t think we are in any such situation in England.
RLF: So, if not that, how do you account for the escalation in crime in Britain?
RP: My time in the governance of Britain, and the time I spent forming our first body of policemen, in particular, has led me to understand, or at least believe I understand, certain principles, certain attributes of, reasons for, criminal activity.
RLF: Which are?
RP: Which are that conditions in society are largely responsible for rises in criminal activity? We say society, and we must understand what that means – it must include all of the people living here, not just certain sections of it – everybody.
And which would also include the underprivileged as well as the rest of us. We must not segregate, even in our minds, especially there, the haves from the have-nots. It was somewhat usual to do just that in my day, but those who did were mistaken. Forget all the arguments about the deserving poor and the undeserving poor, supposing such divisions were meaningful, which, in my opinion, they were not. Nobody deserves to be poor in any society, let alone this one of ours.
How can we, in what is one of the most affluent nations on Earth, countenance such poverty as exists in our towns and cities, though perhaps not in our countryside, as it undoubtedly did in your day?
Governments before and since the one of which I was a member, Prime Minister, have attempted to eradicate poverty, and just as many have failed.
RLF: Does that mean any attempt to eradicate poverty is ultimately a waste of time?
RP: Not at all, though I believe there is only so much that a government can do to prevent poverty. We can remove some of the worst effects of it, but whether we can really remove it is open to debate.
RLF: In the 20th Century, several elected governments did attempt to provide safety nets, I believe they were called, to soften or I should say, lessen the impact of poverty. The introduction of the National Health Service was just such a one, was it not?
RP: But it is in education that much can be done to remove or at any rate decrease the chances that some people will fall below the poverty line, as it has been termed.
Work has to be done prior to any serious trends in the increasing of criminal activity can be detected. It is no use waiting until the horse has bolted before barring the gate, as they say.
RLF: Would you say that crime is associated with a generally poorer people, or a more affluent people?
RP: That is not the divide, not the criterion by which crime levels should be or can accurately be judged.
RLF: Then how much does affluence or lack of it contribute to levels of criminal activity if at all?
RP: A propensity in a man to commit a crime may be affected by levels of affluence of his neighbours, for instance, but it is the origins of that propensity we should be attempting to understand and by understanding, lower or remove altogether.
RLF: Would you first explain how levels of affluence in society generally can influence – increase or decrease that propensity to break the law?
RP: We must look at the motives for that increase to understand why it has increased. There are certain things that must also be addressed to remove that propensity to commit transgressions, let us call them, but that is quite another question.
Living in the midst of affluence, with all the trappings of it in every house but his own our perpetrator finds it more inviting to take without permission than to strive to earn his living in ways that are more acceptable. He perhaps imagines those better off than he can spare the loss, or he allows his envy to colour his attitude to those people better off than he. In effect, he justifies his behaviour to himself, telling himself that they deserve it, that it is not evil or even a crime to take what is not his, because of the fact that they have it and he doesn’t. He rationalizes his behaviour. He acts in what some call a state of false consciousness.
RLF: But who is responsible for his having attitudes like this? Does it come from his peers? Is it a psychic phenomenon or a social one?
RP: I would say both. Uneducated as he undoubtedly is, our criminal has not been rational in his arriving at his reasons that justify his criminal activity. That is caused either by what is within or without. His parlous ability to use logic, to rationalize, to think beyond the short term is a product of his lack of education, with social conditions – in this case, affluence, working to undermine what little sense he has even further. He is easily persuaded to go out and thieve, whereas someone else, in exactly the same dire, financial states, and living in the same conditions, finds no such temptation, looking to improve his condition by his own efforts in ways that he knows will not land him in gaol, and thus totally undermining any effort he expends.
Education is the answer, pure and simple.
RLF: What kind of education – one that equips him with the skills required to make him employable?
RP: Yes, but not those only. Man would be but one-dimensional indeed if he were so poorly educated. In addition to those skills basic to our survival as members of the society in which we live – an industrial one in our case, a man needs those skills that emphasize that there is more to life than money and what it can buy.
RLF: Could you elaborate? Isn’t it the duty – the real function of education to enable people to live and work?
RP: You said it. To live and to work. Man must toil to earn his crust, but man must do an hundred, nay a thousand other things in his day besides earn a living, must he not?
Education must address and cater to these needs outside the workplace every bit as much as it must enable him to acquire the skills necessary to find gainful employment and retain it.
I will go so far as to state that if education does not cater to all of these needs, we should hardly be very surprised if more turn to crime to survive. What we sew, so shall we reap. We reward labour, encourage acquisitive nature in man, and we must also not debar him from pursuing the fruits we have brought him up to expect, by no fault of his own, which is what in effect we are doing if we do not ensure he is adequately educated.
Cause and effects are not just linked in chains, but are forged in temporal dimensions too, we must remember. If we look to short term economies in education, we must not be astounded to find we profit less from them. The so called laws of supply and demand work in ways we do not always fully appreciate, do they not?
Robert L. Fielding


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