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Were there brothel inspectors in the Old West?

T.J. Parmele Herndon, Virginia

“Brothel Inspector” badges have been floating around at antique shows and on the Internet. They’re usually billed as the “real thing,” but they’re anything but—they’ve been around since the 1960s. In the brothels of the Old West, the madams did their own inspecting (sometimes with the help of a doctor).

Marshall Trimble  is Arizona’s official historian. His latest book is  Wyatt Earp: Showdown at Tombstone .   If you have a question, write:  Ask the Marshall, P.O. Box 8008, Cave Creek, AZ 85327 or e-mail him at  [email removed by eBay]

A  bounty hunter  is a private agent working for a  bail bondsman  who captures fugitives or criminals for a commission or  bounty . The occupation, officially known as a  bail enforcement agent  or  fugitive recovery agent , has traditionally operated outside the legal constraints that govern police officers and other agents of the state. This is because a bail agreement between a  defendant  and a  bail bondsman  is essentially a  civil contract  that is incumbent upon the bondsman to enforce. Since they are not police officers, bounty hunters are exposed to  legal liabilities  from which agents of the state are protected as these  immunities  enable police to perform their functions effectively without fear of lawsuits. Everyday citizens approached by a bounty hunter are neither required to answer their questions nor allowed to be detained. Bounty hunters are typically  independent contractors  paid a commission of the total bail amount that is owed by the fugitive; they provide their own  professional liability insurance  and only get paid if they are able to find the " skip " and bring them in.

Bounty hunting is a vestige of  common law  which was created during the Middle Ages. In the United States, bounty hunters primarily draw their legal  imprimatur  from an 1872 Supreme Court decision,  Taylor v. Taintor . The practice historically existed in many parts of the world; however, as of the 21st century, it is found almost exclusively in the United States as the practice is illegal under the laws of most other countries. State laws vary widely as to the legality of the practice;  Illinois ,  Kentucky ,  Oregon , and  Wisconsin  have outlawed commercial bail bonds, while  Wyoming  offers few (if any) regulations governing the practice. [1]

An Afro-Brazilian bounty hunter looking for escaped slaves in an 1823 portrait by Johann Moritz Rugendas .

United States [ edit ]

History [ edit ]

Before the Civil War [ edit ]

Further information:  Slave catcher

The Old West [ edit ]

In 1873, the  Supreme Court  noted that bounty hunters were a part of the U.S. law enforcement system with a decision in  Taylor v. Taintor : [2]

When the bail is given, the principal is regarded as delivered to the custody of his sureties. Their domain is a continuance of the original imprisonment. Whenever they choose to do so, they may seize him and deliver him up to his discharge; and if it cannot be done at once, they may imprison him until it can be done. They may exercise their rights in person or by agent. They may pursue him into another state; may arrest him on the Sabbath; and if necessary, may break and enter his house for that purpose. The seizure is not made by virtue of due process. None is needed. It is likened to the arrest by the  sheriff  of an escaped prisoner.

Modern times [ edit ]

In modern times, bounty hunters carry out arrests mostly of those who have skipped bail or whose bail has been revoked; but are often referred to as and typically prefer to be identified by more formal titles such as "bail enforcement agents" or "fugitive recovery agents". [3] [4]

When undertaking arrest warrants, agents may wear  bullet-resistant vests , badges, and other clothing bearing the inscription "bail enforcement agent" or similar titles. [5]  Many agents arm themselves with firearms, or sometimes with less lethal weapons, such as  tasers , [5]   batons ,  tear gas  ( CS gas ,  pepper spray ), [5]  or  pepper spray projectiles .

In the United States, the National Association of Fugitive Recovery Agents is the professional association representing this industry. [6]

Domestic practice [ edit ]

Bounty hunters in the United States are employed by  bail bondsmen . The bounty hunter is usually paid about 10% of the total bail amount, but this commission can vary on an individual, case-by-case basis, usually depending upon the difficulty level of the assignment and the approach used to exonerate the bail bond. If the fugitive eludes bail, the bondsman, not the bounty hunter, is responsible for 100% of the total bail amount. This is a way of ensuring clients arrive at trial. As of 2003, bounty hunters claimed to catch 31,500 bail jumpers per year, about 90% of people who jump bail. [7]

Bounty hunters have varying levels of authority in their duties with regard to their targets, depending on which states they operate in. Barring restrictions applicable state by state, a bounty hunter may enter the fugitive's legal residence without any  warrant , besides the original bail bonds contract signed by the fugitive, to execute a re-arrest.

In some states, bounty hunters do not undergo any formal training, [8]  and are generally unlicensed, only requiring sanction from a bail bondsman to operate. In other states, however, they are held to varying standards of training and  license . State legal requirements are often imposed on out-of-state bounty hunters, so a fugitive could temporarily escape rearrest by entering a state in which the bail agent has limited or no jurisdiction. [ citation needed ]

Laws and regulation [ edit ]

In the United States legal system, the 1873  U.S. Supreme Court  case  Taylor v. Taintor , 16 Wall (83 U.S. 366, 21 L.Ed. 287), is cited as having established that the person into whose custody an accused is remanded as part of the accuser's bail has sweeping rights to that person. [9]  Though this may have been accurate at the time the decision was reached, the portion cited was  obiter dictum  and has no binding precedential value. [10]

As of 2008, four states,  Illinois ,  Kentucky ,  Oregon , and  Wisconsin , prohibited the practice, as they have abolished commercial bail bonds and banned the commercial bail bonds industry within their borders. [11]  As of 2012,  Nebraska  and  Maine  similarly prohibit surety bail bonds. [12]  The states of Texas and California require a license to engage in bounty hunting while other states may have no restrictions. [13]

There have been some states that have rolled out specific laws that govern bounty hunting. For example, Minnesota laws provide that a bounty hunter cannot drive a white, black, maroon, or dark green vehicle, or wear any colors that are reserved for the police in the state (e.g. maroon, which is worn by the Minnesota Highway Patrol). [14]

Connecticut [ edit ]

The State of  Connecticut  has a detailed licensing process which requires any person who wants to engage in the business as a bail enforcement agent (bounty hunter) to first obtain a professional license from the Commissioner of Public Safety; specifically detailing that "No person shall, as surety on a bond in a criminal proceeding or as an agent of such surety, engage in the business of taking or attempting to take into custody the principal on the bond who has failed to appear in court and for whom a re-arrest warrant or capias has been issued unless such person is licensed as a bail enforcement agent". Connecticut has strict standards which require bail enforcement agents to pass an extensive background check and, while engaging in fugitive recovery operations, wear a uniform, notify the local police barrack, wear a badge, and only carry licensed and approved firearms, including handguns and long guns which are permitted. Recently, the  Connecticut State Police  converted its bail enforcement agent licensing unit to reflect the role bail enforcement agents play in the Connecticut criminal justice system; placing them in the newly defined Department of Emergency Services and Public Protection. [15]

Several schools in Connecticut have obtained certification by the Connecticut State Police to pre-license bail enforcement agents in a minimum of 20 hours of criminal justice training and a minimum of eight hours of firearms training. Some of the more advanced schools offer specialized training in the area of tactical firearms to prepare BEAs for conducting dangerous recovery operations. [16]

Florida [ edit ]

In Florida, only a "limited surety agent" licensed by the  Florida Department of Financial Services  - Bureau of Agent and Agency Licensing, may legally apprehend bail fugitives in addition to law enforcement's ability to arrest a fugitive pursuant to a bench warrant. [17]  According to the Chapter 648 of Florida Statute regarding Bail Bond Agents, "A person may not represent himself or herself to be a bail enforcement agent, bounty hunter, or other similar title in this state." [18]

Louisiana [ edit ]

Louisiana  requires bounty hunters to wear clothing identifying them as such. [19]

Nevada [ edit ]

A  Nevada  bounty hunter is referred to as a bail enforcement agent or bail enforcement solicitor. In order to meet state requirements, the bail agent must complete a minimum 80 hours of training (or a POST certification), and that they pass the required examinations and obtain a bail enforcement agent license by the Nevada Division of Insurance within nine months of employment. [20] [21]  To acquire such license, one must be at least 21 years old, a United States citizen, have a high school diploma or equivalent, and undergo the required training and pass a state examination. [22] [ citation needed ]

Texas [ edit ]

A  Texas  bounty hunter is required to be a peace officer, Level III (armed)  security officer , or a  private investigator . [23] [24] [ better source needed ]

International action by U.S. bounty hunters [ edit ]

International extradition exists only by authority of an international treaty with the nation where the fugitive is located. Extradition treaties limit extradition to certain offenses and not all fugitives can be extradited. Generally, the crime being charged against the fugitive must be recognized as a crime in the jurisdiction from which extradition is being sought.

Bail fugitive recovery agents may run into serious legal problems if they try to apprehend fugitives outside the United States, where they have no legal authority to arrest and taking a person into custody could be charged as kidnapping or some other serious crime. While the United States government and most states recognize a bail agent or fugitive recovery agent's powers of arrest, the governments in other countries, including sovereign Native American territories within the U.S., do not recognize a bail agent's or fugitive recovery agent's powers of arrest.

Bounty hunter  Duane "Dog" Chapman , star of the TV series  Dog the Bounty Hunter , was arrested in Mexico after he apprehended the multi-millionaire rapist and fugitive  Andrew Luster . Chapman was subsequently released and returned to the U.S. [7]  but was later declared a fugitive by a Mexican prosecutor and was subsequently arrested in the United States to be extradited back to Mexico. All charges were later dropped due to the crime passing the statute of limitations date. Chapman has maintained that under Mexico's citizen arrest law, he and his crew acted under proper policy. [ citation needed ]

Legal action against bounty hunters [ edit ]

Daniel Kear of  Fairfax, Virginia  pursued and abducted  Sidney Jaffe  at a residence in Canada and returned him to Florida to face trial. Kear was extradited to Canada in 1983, and convicted of kidnapping. [25] [26]

Several bounty hunters have been arrested for killing the fugitive or apprehending the wrong individuals, mistaking innocent people for fugitives. [27]

Unlike police officers, they have no legal protections against injuries to non-fugitives and few legal protections against injuries to their targets. [ citation needed ]

In a Texas case, bounty hunters Richard James and his partner DG Pearson were arrested in 2001 for felony charges during an arrest. The charges were levied by the fugitive and his family, but were later dismissed against the hunters after the fugitive's wife shot a deputy sheriff in another arrest attempt of the fugitive by the county sheriff's department. The hunters sued the fugitive and family, winning the civil suit for  malicious prosecution  with a judgment amount of $1.5 million. [ citation needed ]

Notable bounty hunters [ edit ]

Main article:  List of bounty hunters

See also [ edit ]

• Law portal

• History portal

• Citizen's arrest

• Citizen's arrest in the United States

• Contract killing

• False arrest

• List of fictional assassins and bounty hunters

• Mercenary

• Skiptrace

• United States Marshals Service fugitive programs

• Vigilantism in the United States of America

References [ edit ]

1. ^   Adam Liptak (January 29, 2008).  "Illegal Globally, Bail for Profit Remains in U.S."   The New York Times .

2. ^   Dempsey, John (March 23, 2010).  Introduction to Private Security . Cengage Learning. p. 367.

3. ^   "Bail Enforcement Agent" .  Insidejobs.com . Retrieved July 8, 2015.

4. ^   "NYS Division of Licensing Services" .  Dos.ny.gov . Archived from  the original  on July 9, 2015. Retrieved July 8, 2015.

5. ^  Jump up to: a   b   c  Archived at  Ghostarchive  and the  Wayback Machine :  "Tools Of The Trade" .  Secrets of a Modern Day Bounty Hunter .  YouTube . May 8, 2009. Retrieved December 20, 2016.

6. ^   "Media Inquiries" .  Fugitive-recovery.org . September 30, 2016. Archived from  the original  on August 23, 2017. Retrieved September 30, 2016.

7. ^  Jump up to: a   b   Clarke, Rachel (June 19, 2003).  "Above the law: US bounty hunters" .  BBC News . Retrieved September 22, 2007.

8. ^   "Bounty Hunter Blitz" . Archived from  the original  on April 7, 2016. Retrieved February 27, 2011.

9. ^   Appleman, Laura I. (June 1, 2012).  "Justice in the Shadowlands: Pretrial Detention, Punishment, & the Sixth Amendment" .  Washington and Lee Law Review .  69 : 1308. Retrieved August 15, 2017.

10. ^   Walker v. Commonwealth ,  127 S.W.3d 596 , 605 (Ky. 2004).

11. ^  Adam Liptak  Illegal Globally, Bail for Profit Remains in U.S. ,  The New York Times , January 29, 2008

12. ^   Bail Bonds Information , Bail Bonds Agent Directory by Bail Bonds Network, n.d., Retrieved July 18, 2012.

13. ^   "Bounty Hunter License For Each State" .  Securityguardtrainingtips.com . Archived from  the original  on July 8, 2017. Retrieved July 22, 2017.

14. ^   "Minnesota Legislature - Office of the Revisor of Statutes" . Archived from  the original  on September 19, 2018. Retrieved September 18, 2018.

15. ^   "Special Licensing and Firearms: Bail Enforcement Agents (BEA)" . Connecticut Department of Emergency Services & Public Protection. Retrieved January 27, 2011.

16. ^   "Tactical Firearms Training" . Tactical Recovery Network. Archived from  the original  on September 1, 2011. Retrieved May 17, 2012.

17. ^   "Temporary Resident Limited Surety Agent" .  Jimmy Patrol, Florida's Chief Financial Officer . Archived from  the original  on August 21, 2017. Retrieved August 21, 2017.

18. ^  § 648.30(2), Florida Statutes

19. ^   Drimmer, Jonathan.  "Bounty Hunter laws" .  Americanbailcoalition.com . Archived from  the original  on December 7, 2002. Retrieved September 22, 2007.

20. ^   Bail Agent/Solicitor Individual Instructions   Archived  April 7, 2016, at the  Wayback Machine  Nevada Division of Insurance, 2013, retrieved March 24, 2018

21. ^   How to Become a Bounty Hunter in Nevada  HowToBecomeABountyHunter.com, n.d.

22. ^   "NRS: CHAPTER 697 – BUSINESSES RELATED TO BAIL" .  Leg.state.nv.us . Retrieved March 22, 2017.

23. ^   "Texas – Bail Bond and Bounty Hunter Laws" .  Fugitiverecovery.com . May 24, 2012. Retrieved March 22, 2017.

24. ^   "Texas – Bounty Hunters" .  Bountyhunters.uslegal.com . Retrieved June 27, 2019.

25. ^   Covey, Russell (July 10, 2003).  "The Perils of Bounty hunting" .  Writ.news.findlaw.com . Retrieved September 22, 2007.

26. ^   "Canadian, kidnapped, to stand trial in Florida, is free on bond" .  The New York Times . October 12, 1983. Retrieved August 2, 2013.

27. ^   Farris, Deb.  "Bounty Hunters Arrested for Kidnapping" .  Kake.com . Archived from  the original  on August 1, 2009. Retrieved July 5, 2009.

External links [ edit ]

• Inside America's Pro-Profit Bail System  - An anti bail system video  Vice TV  channel (YouTube)

Further reading [ edit ]

• F. E. Devine. Commercial Bail Bonding: A Comparison of Common Law Alternatives, 232 pages, Praeger (August 30, 1991),  ISBN   0275937321

marshal

ˈmär-shəl

NOUN

a high official in the household of a medieval king, prince, or noble originally having charge of the cavalry but later usually in command of the military forces

Marshal  is a term used in several official titles in various branches of society . As marshals became trusted members of the courts of Medieval  Europe, the title grew in reputation. During the last few centuries, it has been used for elevated offices, such as in military rank  and civilian law enforcement .

In most countries, the rank of Marshal  is the highest Army  rank (equivalent to a five-star General of the Army  in the United States ).

Etymology [ edit ]

"Marshal" is an ancient loanword  from Norman French  (cf. modern French maréchal ), which in turn is borrowed from Old Frankish  *marhskalk  (="stable boy, keeper, servant"), being still evident in Middle Dutch  maerscalc , marscal , and in modern Dutch maarschalk  (="military chief commander"; the meaning influenced by the French use).

It is cognate  with Old High German  mar(ah)-scalc  "id.", modern German (Feld-)Marschall  (="military chief commander"; the meaning again influenced by the French use).[1]

It originally and literally meant "horse servant", from Germanic *marha-  "horse" (cf. English mare  and modern German Mähre , meaning "horse of bad quality") and *skalk-  "servant" (cf. Old Engl. scealc  "servant, soldier" and outdated German Schalk , meaning "high-ranking servant").[2]  This "horse servant" origin is retained in the current French name for farrier : maréchal-ferrant .

The late Roman and Byzantine title of comes stabuli  ("count of the stables") was a calque  of the Germanic, which became Old French con(n)estable  and modern connétable , and, borrowed from the Old French, the English word "constable ". Finally, in Byzantium, a marshal with elevated authority, notably a borderlands military command, was also known as an exarch .

Military [ edit ]

See also:  Field Marshal

In many countries, the rank of marshal, cf. field marshal , is the highest army  rank, outranking other general officers . The equivalent navy  rank is often admiral of the fleet  or grand admiral .

Marshals are typically, but not exclusively, appointed only in wartime . In many countries, especially in Europe , the special symbol of a marshal is a baton , and their insignia often incorporate batons.

In some countries, the term "marshal" is used instead of "general" in the higher air force ranks . The four highest Royal Air Force  ranks are marshal of the Royal Air Force , air chief marshal , air marshal  and air vice marshal  (although the first named, which has generally been suspended as a peacetime  rank, is the only one which can properly be considered a marshal). The five-star rank  of marshal of the Air Force  is used by some Commonwealth  and Middle Eastern  air forces.

In the French Army  and most National Armies modeled upon the French system, maréchal des logis  ("marshal-of-lodgings") is a cavalry  term equivalent to sergeant .

Some historical rulers have used special "marshal" titles to reward certain subjects. Though not strictly military ranks, these honorary titles  have been exclusively bestowed upon successful military leaders, such as the famous grand marshal  of Ayacucho Antonio José de Sucre . Most famous are the Marshals of France  (Maréchaux de France ), not least under Napoléon I . Another such title was that of Reichsmarschall , bestowed upon Hermann Göring  by Adolf Hitler , although it was never a regular title as it had been "invented" for Göring who was the only titleholder in history. In England  during the First Barons' War  the title "Marshal of the Army of God and Holy Church " was bestowed upon Robert Fitzwalter  by election.

Both the Soviet Union  and Russia  have army general  as well as "marshal" in their rank system.

Marshal ranks by country [ edit ]

The following articles discuss the rank of marshal as used by specific countries:

• Marshal of Bolivia

• Marshal (Brazil)

• Marshal of the Realm (Denmark)

• Marshal of Finland

• France

  • Marshal of France  (includes Marshal of the Empire , both equivalent to a six-star general)

  • Maréchal des logis  (equivalent to sergeant)

• Marshal of the German Democratic Republic

• Italy

  • Marshal of Italy

  • Marshal (Italy)  – a warrant officer  rank

• Marshal of the Mongolian People's Republic

• Marshal of Peru

• Marshal of Poland

• Marshal (Portugal)

• Mareșal (Romania)

• Russia

  • Marshal of the Russian Federation

  • Marshal of the Soviet Union

  • Chief marshal of the branch  was used in five Soviet military branches: the air force, artillery, armoured troops, engineer troops, and signal troops.

  • Marshal of the branch  was used in five Soviet military branches – the air force, artillery, armoured troops, engineer troops, and signal troops. Marshal of the branch is considered equivalent to the rank general of the army , which was used in the infantry  and the marines .

• Marshal of the Realm (Sweden)

• Mareşal (Turkey)

• Marshal of the Royal Air Force

• Yugoslavia

  • Vojvoda (Serbia and Yugoslavia)

  • Marshal of Yugoslavia

Marshal equivalents [ edit ]

These ranks are considered the equivalent to a marshal:

• Chom Phon  (Thailand )

• General of the army , fleet admiral  and general of the Air Force  (United States)

• Arteshbod  (Iran)

• Mushir  (Arab countries)

• Protostrator  (in Frankish Greece , deriving from the Byzantine Empire , likewise deriving from the post of "stable-master")

• Stratarches  (modern Greece)

• Vojvoda  (Kingdom of Serbia  and Kingdom of Yugoslavia )

• Vrhovnik  (Croatia )

• Wonsu  (North Korea  and South Korea )

• Yuan Shuai  (modern China)

• Sima  (ancient China)

• Gensui  (Japan)

• Nguyên soái  (Vietnam )

Military police [ edit ]

The name is also applied to the leader of military police organizations.

• Provost marshal  – a term used in many countries

• Provost Marshal General  – head of the military police in the United States

Ceremonial and protocol [ edit ]

Usually in monarchies, one or several of the senior dignitaries wear the title of Marshal  or a compound such as Court Marshal  (not related to court martial , therefore usually called Marshal of the Court  to prevent confusion) or more rarely Grand Marshal .

The function of the Marshal of the Court  varies according to national tradition, but frequently he is the chief of staff of the monarch's household (meaning the palace and other domains). Often, the charge includes also the honorary privilege as chief of the protocol to announce formally the arrival of VIP guests at audiences, state dinners, and conferences in the monarch's premises. This office was often made hereditary  in the high nobility, e.g., the English Earl Marshal , or the Scots Earl Marischal .

Civilian [ edit ]

The term is also used in more ordinary contexts, such as modern pageantry ; for example, the grand marshal  of a parade is often an honored guest or dignitary.

In the United States, many colleges and universities have marshals. In some cases, there is a single "faculty marshal," appointed to the post on a more or less permanent basis. In other cases, there are one or several faculty marshals, and often one or several student marshals appointed for a single occasion. In all cases, the post is one of honor given to a senior faculty member or outstanding student, and the functions are generally limited to leading processions or parts of processions during commencement  exercises, academic convocations , encaenia  and similar events. These marshals often carry maces , staffs or wands of office.

A chief usher at a large wedding is sometimes called a wedding marshal . In addition to coordinating other ushers in attending guests, the wedding marshal may be a messenger between parties to signal the impending start of the service or communicate delays. In a church wedding, particularly a nuptial mass, these functions may be assumed by a verger . The wedding marshal is a position of honor and trust, often filled by a close friend or relative.

Political [ edit ]

Dignitaries of Poland [ edit ]

For other historical uses of the word, see  Marszałek .

Apart from its military uses, the Polish word marszałek  (marshal) also refers to certain political offices:

• Marszałek Sejmu  and Marszałek Senatu : the respective speakers  of the lower house (Sejm ) and upper house (Senate ) of Poland's parliament , usually nominated by the governing party or coalition ;

• Marszałek Województwa  (voivodeship marshal): since 1999, the leader of the executive of a voivodeship  (one of Poland's 16 provinces), elected by the regional assembly (sejmik ), and co-existing with the government-appointed voivode  (governor).

Demonstration marshal [ edit ]

Demonstration marshals, also called stewards , are used by the organizers of large or controversial demonstrations , rallies and protests , to help ensure the safety of the participants.[3] [4]  They are especially important for preventing infiltration by agents provocateurs .

Sports [ edit ]

Racing and other competitions [ edit ]

In motorsports , such as auto racing , motorcycle racing , and rallying , the track marshals  wave the racing flags  and assist crashed or broken-down vehicles and their drivers, while pit marshals watch over the procedures in the pits, and fire marshals  assist in the event of a fire on the track or in the pit. The FIA  [1]  provides general rules and recommendations on marshalling. In the 1977 South African Grand Prix , 1977 Japanese Grand Prix , 2000 Italian Grand Prix , 2001 Australian Grand Prix , and 2013 Canadian Grand Prix , track marshals were victims of fatal accidents.

In some organized competitions, such as the endurance competition "Tough Guy ," officials seeing to the observance of the rules are styled marshals. In road running  races, in particular, course marshals  enforce rules of competition and assist runners as needed.

Games [ edit ]

The marshal is the highest playing piece in the board game Stratego .

Law enforcement [ edit ]

The word Maréchaussée  derives from the French word Maréchal  (plural Maréchaux ), which was the second highest military charge in feudal France after Connétable  (Constable ), the military Commander-in-Chief of the Royal Armed Forces  until 1627, when the charge of Constable was abolished. The Constable and the Marshals had also jurisdictional powers, at first only over members of the armed forces. The additional conferring of police powers led to the creation of the "Corps of the Maréchaussée " ("Marshalcy"; the forerunner of the modern Gendarmerie ) and to an Ancien Régime Court of Justice called the "Tribunal of the Constable  and the Marshals of France " which was competent for judging military personnel and civilians alike in cases of petty violations of the law.

The term Maréchaussée  was also used for the Continental Army 's military police during the American Revolution .

In the present-day Netherlands, the Koninklijke Marechaussee  ("Royal Marshalcy") is a national military police  force with civilian competences, similar to the French Gendarmerie nationale .

United States [ edit ]

In the United States, marshal  is used particularly for various types of law enforcement officers.

Federal marshals [ edit ]

United States Marshals Service [ edit ]

The federal court system  in the United States has 94 federal judicial  districts, each with a court (with one or more judges ), a United States Attorney  with assistants such as prosecutors  and government lawyers  and a marshal, appointed by the president , in charge of federal law enforcement. The courts are part of the independent judicial branch of the government, while the marshals and U.S. attorneys are part of the Department of Justice  in the executive  branch. The U.S. marshal for the district primarily oversees court security and has a unit of appointed deputies and special deputies. (Other law enforcement operations and the federal prison system are handled by other federal police agencies.) The United States Marshals Service  is a professional, civil service  unit of federal police , part of the system of marshals, made up of career law enforcement personnel rather than the appointed district marshals. The U.S. Marshals Service assists with court security and prisoner transport, asset forfeiture, serves arrest warrants  and seeks fugitives .

Federal Air Marshal Service [ edit ]

The Federal Air Marshal Service  is a separate armed federal law enforcement service employed to protect commercial airliners  from the threat of aircraft hijacking . These air marshals work for the Transportation Security Administration  of the U.S. Department of Homeland Security .

Marshal of the United States Supreme Court [ edit ]

The U.S. Supreme Court  maintains its own, separate Marshal of the United States Supreme Court , who also controls the U.S. Supreme Court Police , a security police  service answerable to the court itself, rather than to the president or attorney general . It handles security for the Supreme Court building and for the justices personally, and undertakes whatever other missions the court may require or assign.

State and local marshals [ edit ]

In many U.S. states, marshals can be found acting at the state, local or municipal  level; marshals can be court bailiffs  or process servers , or even fully sworn police officers. In some states, they may be sworn peace officers , however their job is, in certain cases, entirely civil rather than criminal law enforcement. In other states, some communities maintain a Town or City Marshal who is responsible for all general law enforcement within the respective jurisdiction, as well as court duties, while others are strictly court officers. This is especially true in communities with both police and marshals. The position of marshal vastly differs from state to state. At least one local railroad servicing company's part-time public safety staff, which are both fire and police trained, is supervised by a chief marshal.

American Old West  (for example, Arizona Territory  and Texas  of the 1880s): Marshals, usually called town marshals  or city marshals  (since the larger cities were often punctilious about their titles), were appointed or elected police officers  of small communities, with powers and duties similar to those of a police chief; these powers generally ended at the border of the community. By contrast, federal marshals (U.S. marshals) worked in a larger territory, especially in pioneer country, and this area could potentially overlap with the state or territorial office of county sheriff  (who then, as now, policed communities, as well as areas between communities). The word marshal  is still used in this sense, especially in the American Southwest . (See  List of Western lawmen .) Town or city marshal is still the name for the head officer of some community police forces.

Arizona : Cities and towns decide whether to appoint or elect a marshal, or have the board, council, or city manager  hire a chief of police  as the top criminal law enforcement official for their jurisdiction (as in the town of Tombstone ). Marshals are elected by the trustees to serve a fixed term, and chiefs of police can be fired at will by whoever hired them, just like any other employee.

California : Several urban counties (including Los Angeles , San Bernardino County, California , and San Diego ) once maintained separate county marshal's offices, which served as court officers similar to U.S. marshals or constables , but mainly for the municipal court system. This system was abolished by state law in 2000, when the sheriffs of those counties announced that those counties' marshals would be absorbed into their departments. Therefore, many have been merged into or taken over by the local county sheriff's office, with the exceptions of Shasta County  and Trinity County  both located in Northern California. As of 2010, the marshal of San Benito County  has been disbanded as an independent organization, with its employees becoming part of the sheriff's office. California also has fire marshals and deputy fire marshals, who may work for the State of California Fire Marshal's Office, or various county, city or special districts throughout the state. Fire marshals and deputy fire marshals are full-time sworn peace officers throughout the state, with powers of arrest statewide under section 830.37 of the California Penal Code . Their responsibilities include fire and arson  investigation, bomb and explosives investigation, general law enforcement, as well as enforcement of the fire code .

Colorado : Cities, towns and villages decide whether to appoint or elect a marshal, or have the board, council, or city manager hire a chief of police as the top criminal law enforcement for their jurisdiction. Marshals are elected by the trustees to serve a fixed term, and chiefs of police can be fired at will by whoever hired them, just like any other employee.

Connecticut : In 2000, Connecticut eliminated the county sheriff system, and replaced it with two types of marshals. State  marshals operate out of the executive branch of state government. They are sworn peace officers who perform a wide range of duties, including service of process, seizing money and property under court order, evictions, serving tax warrants, and arresting individuals on bench warrants . Judicial  marshals are employed by the judicial branch. They are sworn peace officers who perform court security and transport detainees to and from court.

Georgia : The marshal is a commissioned armed and uniformed law enforcement officer of the county state courts which have jurisdiction over civil matters and state ordinances. In the Atlanta metro counties, marshal's offices enforce evictions, foreclosures, subpoenas, civil forfeitures, judgements, seizure, liens, repossession, and garnishment. With a few exceptions, elsewhere in Georgia, the sheriff's office is responsible for enforcement of these duties, with some sheriffs' offices having an assigned unit or personnel for these duties.

Indiana : Indiana Town Marshals are fully-sworn, ILEA  certified police officers who act as the chief police officer of a town . General police terms in Indiana vary by what local government one works for; for example: counties have Sheriff's/deputies, cities have Police Departments/Officers and Towns have Marshals/deputies. In Indiana, a town is managed by a council without an elected mayor , whereas a city  has a mayor and, thus, a city police department.[5]  Marshals are responsible for all law enforcement in their respective town, and their primary duties are the enforcement of local and state laws or ordinances  as well as code enforcement. The Town Marshal may also be the town's humane law enforcement officer . Town marshals are fully sworn state certified police officers though the Indiana Law Enforcement Academy , having law enforcement authority statewide; therefore, it is not at all uncommon for Town Marshals to be seen outside of their bailiwicks assisting other police agencies. Some town marshal agencies in Indiana can be quite large. A Town Marshal can appoint any number of unpaid deputy town marshals or reserve officers who may exercise full police powers in the state. Indiana Town Marshals are authorized to enforce not only city/town code, but also county ordinances; this differs from city police departments where a city police officer may only enforce city code or a sheriff's deputy, who may only enforce county code. Indiana Code  recognizes Town Marshals as Police Officers, therefore it is very common for Indiana Town Marshal's Offices to go simply by "Police Department" .

Under Indiana Code  IC36-5-7 the marshal is described as "the chief police officer of the town and has the powers of other law enforcement officers in executing the orders of the legislative body and enforcing laws. The marshal or his deputy:

1. shall serve all process directed to him by the town court or legislative body;

2. shall arrest without process all persons who commit an offense within his view, take them before a court having jurisdiction, and detain them in custody until the cause of the arrest has been investigated;

3. shall suppress breaches of the peace;

4. may, if necessary, call the power of the town to his aid;

5. may execute search warrants  and arrest warrants ; and

6. may pursue and jail persons who commit an offense."

Maine : The State Marshal Service provides physical security and law enforcement duties to the judicial system, as well as protection of all state judges. Deputy marshals are fully sworn state law enforcement officers with statewide authority.

Missouri : There are two types of marshal:

State marshals provide physical security and law enforcement duties to the judicial system, as well as protection of all state judges. Deputy marshals are fully sworn state law enforcement officers with statewide authority. City marshals, at the local level in the State of Missouri, are elected chief law enforcement officers of a city. They have the same police powers as a regular police officer within the city limits. The amount of training to be a city marshal is far less than a regular municipal police officer; as such, a marshal's jurisdiction is strictly limited to the city limits of the city to which they are elected. Even if they witness a violation of the law in their city, they cannot pursue a person who flees beyond the city limits. The position of city marshal is rare in the state of Missouri and is only found in very small rural cities that do not have the budget to maintain a police department.[6] [7] [8]

Nevada

Las Vegas City Marshals  units parked just outside of the Fremont Street Experience .

City marshals and deputy city marshals have, by law, the same authority as a municipal (town or city) police officer. However, those municipalities, such as Las Vegas, that have both a police force as well as a city marshal's office, often utilize the police as the general law enforcement agency of the municipality, while public property security and misdemeanor detention services are provided by the city marshal's office. In municipalities that do not have a police department, the county sheriff's office would serve as the agency that provides general law enforcement services to residents. Las Vegas  has two types of marshal: Municipal court marshals who serve the municipal court by serving warrants and subpoenas and to make arrests for offenses under the jurisdiction of the municipal court; and to maintain order in the court and escort personnel to court and jail.[9] City marshals who provide law enforcement services to city employees, residents and tourists utilizing city facilities located within the city limits, specifically those located on property owned, leased, operated or otherwise under the control of the city of Las Vegas. Conduct special operations aimed at reducing certain criminal activity in specific areas of the city, for example, traffic enforcement in neighborhoods, abatement of illegal solicitors at intersections and the removal of abandoned vehicles. Conducting security and safety evaluations requested by city departments at various facilities, buildings and workplaces.[10] Henderson has Marshals as well: Municipal Court Marshals work for the courts by serving warrants and to make arrests for offenses under the jurisdiction of the municipal court; and to maintain order in the court and escort personnel to court and jail.[9]

New York : There are two levels of marshals:

City marshals are the elected chief law enforcement officers of a city or town. They have the same police powers as a regular police officer within the city limits. The amount of training to be a city marshal is far less than for a regular municipal police officer; as such a marshal's jurisdiction is strictly limited to the city limits of the city to which they are elected. Even if they witness a violation of the law in their city, they cannot pursue a person who flees beyond the city limits. The position of city marshal is rare in the State of New York and is now only found in very small rural cities that do not have the budget to maintain a police department. New York City Marshals  are appointed by the Mayor of New York City  to five-year terms, but receive no salary from the city. The city's statutes specify that no more than 83 city marshals shall be appointed by a mayor. Marshals primarily enforce orders from civil court cases, including collecting on judgments, towing, seizing utility meters and carrying out evictions . Marshals collectively perform approximately 25,000 evictions per year. They are regulated by the NYC Department of Investigation  but, unlike the city sheriff , they are not city employees. Marshals collect fees, which are set by statute, from private litigants when they are called on to enforce judgments, and they also retain five percent of any money they collect on judgments . City marshals may, depending on the court order brought to them by the winning litigant, seize money, movable property (for instance, inventory from a business), vehicles; as is the case with unpaid parking tickets , and return possession of rental premises to the landlord, (also known as eviction), and more. On an annual basis city marshals must pay the City of New York $1,500 plus 4.5 percent of the fees they receive for collecting judgments.

Ohio : The term village marshal  has been used for the same function, often filled without colleagues, directly under the mayor.

Texas : City marshals and deputy city marshals have, by law, the same authority as a municipal (village, town, or city) police officer. However, municipalities (like Fort Worth ), that have both a police force as well as a city marshal's office, often utilize the police as the general law enforcement agency of the municipality, while court security and process service is provided by the city marshal's office. In municipalities that do not have a police department, the city marshal's office sometimes serves as the agency that provides general law enforcement services to residents.[11]

Washington State : The city of Seattle  employs marshals in their municipal court, with the senior officer holding the title of chief marshal and the subordinate officers known as deputy marshals. Seattle Marshals provide court security and law enforcement services within the court. They handle arrests of out-of-custody defendants within the courthouse and transport in custody defendants to and from court hearings.[12]  The King County Sheriff's Office  (county seat in Seattle) also employs court marshals, which is a unit under the sheriff's office. In the Old-West themed town of Winthrop , the municipal police force is headed by a town marshal, consistent with the Old West restoration of the buildings and tourist attractions.[13]

Wisconsin :The village marshal shall execute and file an official bond. The marshal shall possess the powers, enjoy the privileges and be subject to the liabilities conferred and imposed by law upon constables, and be taken as included in all writs and papers addressed to constables. The marshal shall obey all lawful written orders of the village board. The marshal is entitled to the same fees prescribed for sheriffs in s. 814.70 for similar services, unless a higher fee is applicable under s. 814.705 (1) (c); for other service rendered the village, compensation as the board fixes.

61.28(2) (2) A village marshal who is given law enforcement duties by the village board, and who meets the definition of a law enforcement officer under s. 165.85 (2) (c), shall comply with the minimum employment standards for law enforcement officers established by the law enforcement standards board and shall complete training under s. 165.85 (4) (a) 1. .

United Kingdom [ edit ]

England [ edit ]

Further information:  Earl Marshal  and  Knight Marshal

City Marshal of the City of London, on duty at the Lord Mayor's Show.

The hereditary title of "marshal" at one time designated the head of household security for the King of England . William Marshal, 1st Earl of Pembroke , served four kings in this office, ultimately becoming one of the most powerful men in Europe; by the time he died in 1219, people throughout Europe (not just England) referred to William Marshal simply as "the marshal".[citation needed ] The office of hereditary Marshal (or Earl Marshal ) thus evolved into that of a Great Officer of State .[14]

The task of maintaining law and order within the king's court then devolved upon the office of Knight Marshal  (established in 1236). Together with his officers, the King's (or Queen's) Marshalmen, the Knight Marshal continued to have restricted powers of arrest within a 12-mile (19 km) radius of the sovereign's palace until 1846, when the office was abolished.[citation needed ]

In 1595, Queen Elizabeth I  issued letters patent  giving powers to a marshal to maintain order within the City of London . Later, an under-marshal and six city marshalmen were appointed to assist the marshal in his duties. As a result of the Police Acts of 1829 and 1839, the marshal's role changed significantly. As of 2009, one city marshal, currently Colonel Billy King-Harman, CBE , still acts as peacekeeper to the Lord Mayor of London , leading processions and representing the Lord Mayor at all Entries of Troops (challenging and then escorting those few regiments  entitled to march though the City of London).[15]

Scotland [ edit ]

Further information:  Earl Marischal  and  Knight Marischal

The office of "marischal of Scotland" (marascallus Scotie  or marscallus Scotie ) had been held heritably by the senior member of the Keith [14]  family since Hervey de Keith , who held the office of marischal under Malcolm IV  and William I . The descendant of Herveus, Sir Robert de Keith (d. 1332), was confirmed in the office of "Great Marischal of Scotland" by Robert Bruce  around 1324.

Robert de Keith's great-grandson, William, was raised to the peerage as Earl Marischal by James II  in about 1458. The peerage died out when George Keith, the 10th Earl, forfeited it by joining the Jacobite Rising of 1715 .

The marischal was to serve as custodian of the Royal Regalia of Scotland , and protect the king's person when attending parliament . The former duty was fulfilled by the 7th Earl during the Wars of the Three Kingdoms , who hid the Royal Regalia at Dunnottar Castle . The role of regulation of heraldry carried out by the English Earl Marshal  is carried out in Scotland by the Lord Lyon King of Arms .

The separate office of Knight Marischal  was first created for the Scottish coronation of Charles I  in 1633. The office is not heritable, although it has been held by members of the Keith family.

France [ edit ]

Marshal Foch , circa 1920.

In France, the Maréchaussée  ("Marshalcy") was the forerunner of the French  Gendarmerie . A military corps having such duties was first created in 1337, placed under the command of the Constable of France  (the Commander-in-Chief of the Royal Armed Forces), and named the Connétablie . In 1627 after the abolition of the title of Connétable , it was put under the command of the "Marshals of France," and renamed the Maréchaussée . Its main mission was to protect the roads from highwaymen .

The Maréchaussée  was a mounted military police  force organised and equipped along military lines. The force wore uniforms similar to those of the dragoons  of the regular army and carried the same muskets and sabres. While its existence ensured the relative safety of French rural districts and roads, the Maréchaussée  was regarded in contemporary England (which had no effective police force of any nature) as a symbol of foreign tyranny.

In 1789, on the eve of the French Revolution , the Maréchaussée  numbered 3,660 men divided into small detachments called brigades . By law dated 16 February 1791, this force was renamed the Gendarmerie Nationale,  though at first its personnel remained unchanged. Later many of them died under the guillotine, especially the members of the nobility.

The new designation "Gendarmerie" was derived from the term gens d'armes  (gentlemen/people at arms) who were originally heavy cavalry regiments (called at first Ordonnances royales ) which were part of the King's household, the equivalent of the English "Honourable Corps of Gentlemen at Arms ".

The title "Marshal of France " is a Dignité d'État  ("State Dignity") in the contemporary French Republic, not only a military rank . It is granted to generals  for exceptional achievements, especially in times of war or national crisis.

However, the Marshal of France was one of the Great Officers of the Crown of France  during the Ancien Régime  and Bourbon Restoration  and one of the Great Dignitaries of the Empire  during the First French Empire  and the Second French Empire  (when the title was not "Marshal of France" but "Marshal of the Empire ")

A Marshal of France displays seven stars and is equivalent to a six star general in armies of other countries. The marshal also receives a baton , a blue cylinder with stars, formerly fleurs-de-lis  during the monarchy and Eagles  during the First French Empire and Second French Empire. It has the Latin inscription: Terror belli, decus pacis , which means "terror in war, ornament in peace".

The position in the French Navy (Marine nationale ) equivalent to the "Marshal of France" is called Amiral de France  ("Admiral of France"). The title has not been conferred since 1869. Theoretically, the equivalent title in the French Air Force is Général de France  ("General of France"), but it has never been conferred to anyone yet.

Six Marshals of France have been given the even more prestigious rank of "Marshal General of the King's Armies and Camps": Biron , Lesdiguières , Turenne , Villars , Saxe , and Soult . This rank and title no longer exists in present-day republican France.

Netherlands [ edit ]

In the Netherlands, the Koninklijke Marechaussee  are the gendarmerie  force created by King William I  to replace the French gendarmerie  on October 26, 1814. The word gendarmerie  had gained a negative connotation, so William called the new force "marechaussée " (an alternate French word for gendarmerie ). At that time, the marechaussee  was part of the army (landmacht ). The marechaussee  performed police duties for the army, as well as civilian police work as a part of the national police (rijkspolitie ). The marechaussee  formed the only police force in many small cities like Venlo, especially in the southern provinces of Limburg and North Brabant. As of 1998, the marechaussee  is a separate branch of the Dutch military, and is assigned both military and civilian police tasks.

See also [ edit ]

• Earl Marshal

• Generalissimo

• Constable

• Sheriff

• Seneschal

• Fire marshal

• Magister equitum

• Mareșal (tank destroyer)

References [ edit ]

1. ^  Elmar Seebold , ed. (2002). Kluge, Etymologisches Wörterbuch der deutschen Sprache (24th ed.). Berlin – New York: Walter de Gruyter. p. 1112. ISBN  978-3-11-017473-1 .

2. ^  Jacob und Wilhelm Grimm, Deutsches Wörterbuch, Leipzig 1854–1960, Vol. 12 Col. 1673 Online-Version  Archived  2016-10-21 at the Wayback Machine

3. ^  Belyaeva et al. (2007) Guidelines on Freedom of Peaceful Assembly , published by OSCE's Office for Democratic Institutions and Human Rights . Alternative version  Archived  2010-06-25 at the Wayback Machine

4. ^  Bryan, Dominic The Anthropology of Ritual: Monitoring and Stewarding Demonstrations in Northern Ireland , Anthropology in Action , Volume 13, Numbers 1–2, January 2006, pp.22–31(10)

5. ^  "Town vs. City – The Town of Clarksville, Indiana" . Retrieved 2 April 2016.

6. ^  "Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo, Missouri Law, MO Law" . Archived from the original  on September 15, 2008. Retrieved March 2, 2008.

7. ^  "Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo, Missouri Law, MO Law" . Archived from the original  on June 14, 2008. Retrieved March 2, 2008.

8. ^  "Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo, Missouri Law, MO Law" . Archived from the original  on July 6, 2008. Retrieved March 2, 2008.

9. ^ Jump up to: a  b  "Archived copy"  (PDF). Archived from the original  (PDF) on 2014-07-01. Retrieved 2013-07-20.

10. ^  "Deputy City Marshals (Official City of Las Vegas Web Site)" . Retrieved 2 April 2016.

11. ^  "Texas Local Government Code - Sec. 341.021. MARSHAL OF TYPE A GENERAL-LAW MUNICIPALITY" .

12. ^  "Seattle Municipal Court Marshals & Security - Courts" . seattle.gov. Retrieved 2022-08-21.

13. ^  "About Us" . Archived from the original  on 27 March 2016. Retrieved 2 April 2016.

14. ^ Jump up to: a  b  Chisholm, Hugh , ed. (1911). "Marshal"  . Encyclopædia Britannica . Vol. 17 (11th ed.). Cambridge University Press. p. 769.

15. ^  "Ceremonial" . City of London.

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