Victim Agency and the Development of Policing Power

Macquarie Law Working Paper No. 2008-15

22 Pages Posted: 23 Apr 2008

Date Written: April 2008

Abstract

The duty to police crime and apprehend offenders historically rested with the victim. Various rules existed as to how victims could legitimately pursue an offender. This duty is now exercised by a modern, professional police force, arresting offenders for the good of the state. Although victims no longer routinely apprehend offenders, the rules that limit their power of arrest remain central. These rules are now part of the common law of policing and apply to all arresting officers. This paper examines the extent to which the victim continues to limit contemporary policing practice, and as a result, remains significant to the development of policing procedure. This paper evaluates how historic limitations on the exercise of victim power acts to safeguard abuses of modern policing discretion, and as a result, informs our understanding of the development of policing as a key institution of criminal justice.

Keywords: Police, Victims of Crime, Apprehension and Arrest, Prosecution

Suggested Citation

Kirchengast, Tyrone, Victim Agency and the Development of Policing Power (April 2008). Macquarie Law Working Paper No. 2008-15, Available at SSRN: https://ssrn.com/abstract=1124286 or http://dx.doi.org/10.2139/ssrn.1124286

Tyrone Kirchengast (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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