Victim Agency and the Development of Policing Power

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.