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68-462: (Redirected from Night Watchman ) [REDACTED] Look up nightwatchman in Wiktionary, the free dictionary. Nightwatchman may refer to: Watchman (law enforcement) Nightwatchman (cricket) , a lower-order batsman who comes in to bat higher up the order than usual near the end of the day's play "Nightwatchman", a song by Tom Petty and

136-471: A conviction. As in the British system, the exact phrasing of the warning is not explicitly mandated under federal law. There are also additional requirements about the warning that vary from state to state and may depend on the circumstances (such as when the arrestee is a non-citizen or juvenile). Since the exact wording used in an arrest is legally important, police officers often carry a printed copy of

204-414: A court order can be considered civil contempt of court , and a warrant for the person's arrest may be issued. Some court orders contain authority for a police officer to make an arrest without further order. If a legislature lacks a quorum , many jurisdictions allow the members present the power to order a call of the house , which orders the arrest of the members who are not present. A member arrested

272-442: A dramatic device or a caricature, but successful dramatists nevertheless work with characters who strike a chord with their audience. A hundred years later such complaints were still commonplace. Daniel Defoe wrote four pamphlets and a broadsheet on the issue of street crime in which, among other things, he roundly attacked the efficacy of the watch and called for measures to ensure it 'be compos'd of stout, able-body'd Men, and of those

340-414: A force of salaried men. Under the new act, the ward authorities also continued to hire their own watchmen and to make whatever local rules seemed appropriate—establishing, for example, the places in their wards where the watchmen would stand and the beats they would patrol. But the implementation of the new Watch Act did have the effect of imposing some uniformity on the watch over the whole City, making in

408-555: A household watch that became known as the Beefeaters . As of the 1660s, it was already common practice to avoid night-time service in the watch by paying for a substitute. Substitution had become so common by the late 17th century that the night watch was virtually by then a fully paid force. An act of Common Council , known as 'Robinson's Act' from the name of the sitting lord mayor, was promulgated in October 1663. It confirmed

476-547: A person applies for a job, a loan or a professional license. In the United States a person who was not found guilty after an arrest can remove their arrest record through an expungement or (in California ) a finding of factual innocence. A cleared person has the choice to file a complaint or a lawsuit if they choose to. Legal action is sometimes filed against the government after a wrongful arrest. For convictions,

544-399: A person is arrested for a serious crime, the defendant will have their picture taken and be held in pre-trial detention . Under certain circumstances (that is where the public won't be endangered by one's release from custody), the defendant may be entitled to release on bail . If the accused cannot post a monetary bail, they will appear at their arraignment where the judge will determine if

612-477: A person is caught in an act of crime and not willing or able to produce valid ID . As a safeguard against the abuse of power , many countries require that an arrest must be made for a thoroughly justified reason, such as the requirement of probable cause in the United States. Furthermore, in most democracies, the time that a person can be detained in custody is relatively short (in most cases 24 hours in

680-680: A person must be told that they are under arrest in simple, non-technical language, the essential legal and factual grounds for his arrest. A person must be 'cautioned' when being arrested or subject to a criminal prosecution procedure, unless this is impractical due to the behaviour of the arrested person. The caution required in England and Wales states, You are under arrest on suspicion of [ offence ]. You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence. Minor deviations from

748-458: A person who is being arrested. When there is a question regarding handcuffing a person, case law has stated that the choice to handcuff a person is dependent on the surrounding circumstances, and that officers should always take the proper precautions to ensure the safety of themselves, and the public. In the United States, there exists a distinction between an investigatory stop or detention, and an arrest. The distinction tends to be whether or not

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816-447: A staff, along with their lantern. Another step in the evolution of the watch involved building 'watch howses' as the country lurched towards revolution after 1640. A City committee was asked to look into the question 'what watchhouses are necessary' and where 'for the safety of this cittye ' in 1642. Workmen began building watch houses in strategic spots soon after. They provided assembly-points for watchmen to gather to hear orders for

884-564: A sufficient Number'. Watchmen on roads leading to London had a reputation for clumsiness in the late 1580s. It was a temptation on cold winter nights to slip away early from watching stations to catch some sleep. Constables in charge sometimes let watches go home early. 'The late placing and early dischargering ' of night-watches concerned Common Council in 1609 and again three decades later when someone sent out to spy on watches reported that they 'break up longe before they ought'. 'The greatest parte of constables' broke up watches ' earlie in

952-523: A tax levied specifically for the purpose of hiring full-time watchmen. Some voluntary prosecution societies also hired men to patrol their areas. While the societies for the reformation of manners showed there was a good deal of support for the effective policing of morality, they also suggested that the existing mechanisms of crime control were regarded by some as ineffective. Constable Dogberry's men from Much Ado About Nothing by Shakespeare, who would 'rather sleep than talk', may be dismissed as merely

1020-568: A watch fund that supported hired man. From the mid-1690s the City authorities made several attempts to replace Robinson's Act and establish the watch on a new footing. Though they did not say it directly, the overwhelming requirement was to get quotas adjusted to reflect the reality that the watch consisted of hired men rather than citizens doing their civic duty—the assumption upon which the 1663 act of Common Council, and all previous acts, had been based. The implications and consequences of changes in

1088-463: A way. The fact that the 1705 act called for watchmen to be strong and able-bodied men seems further confirmation that the watch was now expected to be made up of hired hands rather than every male house holder serving in turn. The act of 1705 laid out the new quotas of watchmen and the disposition of watch-stands agreed to each ward. To discourage the corruption that had been blamed for earlier under-manning, it forbade constables to collect and disturbs

1156-676: Is a procedure in a criminal justice system , sometimes it is also done after a court warrant for the arrest. Police and various other officers have powers of arrest . In some places, a citizen's arrest is permitted; for example in England and Wales , any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence ", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if

1224-413: Is brought to the body's chamber to achieve a quorum. The member arrested does not face prosecution, but may be required to pay a fine to the legislative body. While an arrest will not necessarily lead to a criminal conviction , it may nonetheless in some jurisdictions have serious ramifications such as absence from work, social stigma, and in some cases, the legal obligation to disclose a conviction when

1292-640: Is different from Wikidata All article disambiguation pages All disambiguation pages Watchman (law enforcement) An early reference to a watch can be found in the Bible where the Prophet Ezekiel states that it was the duty of the watch to blow the horn and sound the alarm. (Ezekiel 33:1-6) The Roman Empire made use of the Praetorian Guard and the Vigiles , literally

1360-414: Is needed during the procedure of arrest. The arrest can be made by a citizen, a police officer or a Magistrate. The police officer needs to inform the person being arrested the full particulars of the person's offence and that they are entitled to be released on bail if the offence fits the criteria for being bailable. There is no general rule of eligibility or requirement that a police officer must handcuff

1428-478: Is such a reasonable suspicion in a particular case is to be determined objectively by reference to facts and information which the arresting officer has at the time of the arrest. It is not necessary that the officer knows the exact statutory provision that the suspect has violated, so long as the officer reasonably suspects that the suspect has done something amounting to an offence. In the United Kingdom,

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1496-673: The Municipal Police Act of 1844 in New York City , United States ), such formations became increasingly incorporated into state-run police forces (see metropolitan police and municipal police ). In the Philippines, Barangay watchmen called "Tanod" is common. Their role is to serve as frontline law enforcement officers in Barangays, especially those far from city or town centres. They are mainly supervised by

1564-405: The United States was based on practices developed in England. The City of Boston was the first settlement in the thirteen colonies to establish a night watch in 1631 (replaced in 1838); Plymouth, Massachusetts in 1633 (replaced in 1861); New York (then New Amsterdam ) (replaced in 1845) and Jamestown followed in 1658. With the unification of laws and centralization of state power ( e.g.

1632-477: The collateral consequences are more severe in the United States than in the UK, where arrests without conviction do not appear in standard criminal record checks and need not be disclosed, whereas in the United States, people have to expunge or (if the case goes to court) seal arrest without convictions, or if the charges are dropped. However, in the UK, Enhanced Disclosure and Barring Service (DBS) disclosures permit

1700-593: The nightwalker statutes ; such statutes empowered and required night watchmen (and their assistants) to arrest those persons found about the town or city during hours of darkness. Only people with good reason to be out could then travel through the city. Anyone outside at night without reason or permission was considered suspect and potentially criminal. Allowances were usually made for people who had some social status on their side. Lord Feilding clearly expected to pass through London's streets untroubled at 1am one night in 1641, and he quickly became piqued when his coach

1768-503: The Barangay Captain and may be armed with bolo knife. ^ This can be verified by England's Old Bailey court records. Arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime . After being taken into custody, the person can be questioned further and/or charged . An arrest

1836-610: The Heartbreakers from Hard Promises The Nightwatchman , or Tom Morello, a musician Night-watchman state , a government ideal restricted to the upholding of negative rights a security guard who works at night Nightwatchman (film) , a 2000 Italian film Street Kings or The Night Watchman , a 2008 film Night Watchman (radar) , Canadian WWII-era radar See also [ edit ] Watchman (disambiguation) Night Watch (disambiguation) The Night Watchman (disambiguation) Topics referred to by

1904-548: The King of England the Winchester Act Mandating The Watch. Part Four and the King commandth that from henceforth all Watches be made as it hath been used in past times that was to wit from the day of Ascension unto the day of St. Michael in every city by six men at every gate in every borough by twelve men in every town by six or four according to the number of inhabitants of the town. They shall keep

1972-604: The Magistrates Ordinance. For example, an arrest warrant may be issued if an accused person does not appear in Court when he is due to answer a charge. However, an arrest warrant is not always necessary. Under section 50(1) of the Police Force Ordinance, a police officer can "apprehend" (i.e. arrest) a person if he reasonably suspects the person being arrested is guilty of an offence. Whether there

2040-533: The Miranda rights if the officer will not be questioning the detainee any further after the arrest. An officer is also not necessarily required to provide a Miranda warning if the person being questioned has not been arrested or if an arrested person speaks spontaneously without being questioned. There is also an exception that permits questioning without providing the warning under circumstances involving urgent matters of public safety. One common formulation of

2108-462: The United Kingdom and 24 or 48 hours in the United States and France) before the detained person must be either charged or released. The word "arrest" is Anglo-Norman in origin, derived from the French word arrêt meaning 'to stop or stay' and signifies a restraint of a person. Lexicologically, the meaning of the word arrest is given in various dictionaries depending upon the circumstances in which

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2176-525: The Watch all night from sun setting unto sun rising. And if any stranger do pass them by them he shall be arrested until morning and if no suspicion be found he shall go quit. Later in 1279 King Edward I formed a special guard of 20 sergeants at arms who carried decorated battle maces as a badge of office. By 1415 a watch was appointed to the Parliament of England and in 1485 King Henry VII established

2244-488: The appointment of watchmen. The Assize of Arms of 1252 , which required the appointment of constables to summon men to arms, quell breaches of the peace , and to deliver offenders to the sheriff , is cited as one of the earliest creations of an English police force, as was the Statute of Winchester of 1285. In 1252 a royal writ established a watch and ward with royal officers appointed as shire reeves : By order of

2312-425: The arraignment, the accused will be asked to plead guilty or not guilty, and the judge will set a bail amount (or refuse to set bail) for the accused. Arrests under English law fall into two general categories—with and without a warrant—and then into more specific subcategories. Regardless of what power a person is arrested under, they must be informed that they are under arrest and of the grounds for their arrest at

2380-472: The bail set by the schedule should be lowered. Also, in certain states, the prosecution has 48 hours to decide whether or not to file formal charges against the accused. For example, in California, if no formal charges are filed within the 48-hour period, the accused must be released from the arresting host's custody. If formal charges are filed, the accused will be asked to appear at their arraignment. At

2448-471: The civil war that the watch had already become a body of paid men, supported by what were in effect the fines collected from those with an obligation to serve, the Common Council did not acknowledge this in the confirming act of 1663. The act of 1663 confirmed that watch on its old foundations, and left its effective management to the ward authorities. The important matter to be arranged in the wards

2516-403: The date provided on the citation. Prior to the court date, the prosecution will decide whether to file formal criminal charges against the individual. When the accused appears in court, they will be advised if formal criminal charges have been filed. If charges are filed, they will be asked to plead guilty or not guilty at the initial court hearing, which is referred to as the arraignment . When

2584-463: The detainee of the Fifth Amendment and Sixth Amendment rights for statements made during questioning to be admissible as evidence against the detainee in court. A Miranda warning is required only when a person is in custody (i.e., is not free to leave) and is being interrogated, and the results of this interrogation are to be used in court An officer is not required to inform a person of

2652-444: The duty of all householders in the City to take their turn at watching in order 'to keep the peace and apprehend night-walkers, malefactors and suspected persons'. For the most part the Common Council act of 1663 reiterated the rules and obligations that had long existed. The number of watchmen required for each ward, it declared, was to be the number 'established by custom' – in fact, by an act of 1621. Even though it had been true before

2720-434: The focus for trouble themselves, adding to the hullabaloo at night instead of ordering others to keep the noise down and go to bed. And as by day, there were more than a few crooked officers policing the streets at night, quite happy to turn a blind eye to trouble for a bribe. Watchman Edward Gardener was taken before the recorder with 'a common nightwalker' – Mary Taylor – in 1641 after he 'tooke 2s to lett' her 'escape' when he

2788-442: The job attracted a fairly low standard of person, and they acquired a possibly exaggerated reputation for being old, ineffectual, feeble, drunk or asleep on the job. London had a system of night policing in place before 1660, although it was improved over the next century through better lighting, administrations, finances, and better and more regular salaries. But the essential elements of the night-watch were performing completely by

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2856-404: The late seventeenth century. But it seems clear that few did, because the halberd was no longer suitable for the work they were being called upon to do. It was more often observed that watchmen failed to carry them, and it is surely the case that the halberd was no longer a useful weapon for a watch that was supposed to be mobile. By the second quarter of the 18th century, watchmen were equipped with

2924-424: The middle of the seventeenth century. During the 1820s, mounting crime levels and increasing political and industrial disorder prompted calls for reform, led by Sir Robert Peel , which culminated in the demise of the watchmen and their replacement by a uniformed metropolitan police force . John Gray , the owner of Greyfriars Bobby , was a nightwatchman in the 1850s. The first form of societal protection in

2992-450: The money paid in for hired watchmen: that was now supposed to be the responsibility of the deputy and common councilmen of the ward. The second stage was the recognition that watchmen could not be sustained without a major shift in the way local services were financed. This led to the City's acquisition of taxing power by means of an act of parliament in 1737 which changed the obligation to serve in person into an obligation to pay to support

3060-453: The morninge ' at exactly the time 'when most danger' was 'feared' in the long night, leaving the dark streets to thieves . Watchmen often counted off the hours until sunrise on chilly nights. Alehouses offered some warmth, even after curfew bells told people to drink up. A group of watchmen sneaked into a ' vitlers ' house one night in 1617 and stayed 'drinking and taking tobacco all night longe'. Like other officers, watchmen could become

3128-465: The night ahead, somewhere to shelter from ' extremitye of wind and weather', and holding-places for suspects until morning when justices examined the night's catch. There were watch houses next to Temple Bar (1648), 'neere the Granaryes' by Bridewell (1648), 'neere Moregate' (1648), and next to St. Paul's south door (1649). They were not big; the one on St. Paul's side was 'a small house or shed'. This

3196-436: The nightly watch. From the late seventeenth century, however, many householders avoided these obligations by hiring deputies to serve in their place. As this practice increased, some men were able to make a living out of acting as deputy constables or as paid night watchmen. In the case of the watch, this procedure was formalized in many parts of London by the passage of "Watch Acts", which replaced householders' duty of service by

3264-531: The process some modest incursions into the local autonomy of the wards. One of the leading elements in the regime that emerged from the implementation of the new act was an agreement that every watchman would be paid the same amount and that the wages should be raised to thirteen pounds a year. From 1485 to the 1820s, in the absence of a police force, it was the parish-based watchmen who were responsible for keeping order in London's streets. Night watchmen patrolled

3332-422: The right to contact a person to inform them of an arrest, and legal representation. A justice of the peace can issue warrants to arrest suspects and witnesses. There are four subcategories of arrest without warrant: United States law recognizes the common law arrest under various jurisdictions. The police may arrest a person according to a warrant issued by a Magistrate under sections 31, 72, 73 or 74 of

3400-457: The right to stop answering at any time. The warning must inform the detainee that they have the right to be silent, the right to legal counsel (and the availability of pro bono legal assistance), and that what the detainee says can be used against them. The failure to provide a detainee with an adequate warning could make information obtained from an interrogation inadmissible in court, but does not prevent other evidence from being used to obtain

3468-530: The rights, and read from it when providing the warning to ensure accuracy. Immediately after the arrest, the police must inform the arrested of their right to remain silent. They may choose whether or not to answer any questions posed by the police (except that they may need to provide their name and address to the police). The police officer will caution them by saying, You are not obliged to say anything unless you wish to do so but whatever you say will be put into writing and may be given in evidence." Breach of

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3536-423: The same term [REDACTED] This disambiguation page lists articles associated with the title Nightwatchman . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Nightwatchman&oldid=1216387774 " Category : Disambiguation pages Hidden categories: Short description

3604-426: The stop is "brief and cursory" in nature, and whether or not a reasonable individual would feel free to leave. When there exists probable cause to believe that a person has committed a minor crime, such as petty theft, driving on a suspended license, or disturbing the peace, law enforcement agents typically issue the individual a citation but do not otherwise detain them. The person must then appear in court on

3672-453: The streets and in their houses. In the 13th Century, the anxieties created by darkness gave rise to rules about who could use the streets after dark and the formation of a night watch to enforce them. These rules had for long been underpinned in London and other towns by the curfew , the time (announced by the ringing of a bell) at which the gates closed and the streets were cleared. These rules, where codified by law, would come to be known as

3740-472: The streets from 9 or 10 pm until sunrise, and were expected to examine all suspicious characters. These controls continued in the late 17th century. Guarding the streets to prevent crime, to watch out for fires, and – despite the absence of a formal curfew – to ensure that suspicious and unauthorised people did not prowl around under cover of darkness was still the duty of night watch and the constables who were supposed to command them. The principal task of

3808-540: The time or as soon after the arrest as is practicable, otherwise the arrest is unlawful. Arrest powers in Northern Ireland are informed by the Police and Criminal Evidence (Northern Ireland) Order 1989. This order legislates operational standards during arrest, questioning and charging a person suspected of committing a crime. Breach of this order may affect the investigation. Arrestees in Northern Ireland have

3876-425: The warning is You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have

3944-401: The watch in 1660 and for long after continued to be the control of the streets at night imposing a form of moral or social curfew that aimed to prevent those without legitimate reason to be abroad from wandering the streets at night. That task was becoming increasingly difficult in the 17th century because of the growth of the population and variety of ways in which the social and cultural life

4012-474: The watch were worked out in practice and in legislation in two stages between the Restoration and the middle decades of the 18th century. The first involved the gradual recognition that a paid (and full-time) watch needed to be differently constituted from one made up of unpaid citizens, a point accepted in practice in legislation passed by the Common Council in 1705, though it was not articulated in as direct

4080-402: The watch. The streets in London were dark and had a shortage of good quality artificial light. It had been recognized for centuries that the coming of darkness to the unlit streets of a town brought a heightened threat of danger, and that the night provided cover to the disorderly and immoral, and to those bent on robbery or burglary or who in other ways threatened physical harm to people in

4148-448: The word is used. There are numerous slang terms for being arrested throughout the world. In British slang terminology, the term "nicked" is often synonymous with being arrested, and "nick" can also refer to a police station , and the term "pinched" is also common. In the United States and France the term "collared" is sometimes used. The terms "lifted" or "picked up" are also heard on occasion. According to Indian law, no formality

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4216-559: The words of any caution given do not constitute a breach of the Code of Practise, provided the sense of the caution is preserved. The caution required in Scotland states: You are not obliged to say anything, but anything you do say will be noted and may be used in evidence. Based on the U.S. Supreme Court ruling in Miranda v. Arizona , after making an arrest, the police must inform

4284-419: Was a time of experimentation, and people (including those in authority) were learning how to make best use of these new structures in their midst. The watchmen patrolled the streets at night, calling out the hour, keeping a lookout for fires, checking that doors were locked and ensuring that drunks and other vagrants were delivered to the watch constable . However, their low wages and the uncongenial nature of

4352-494: Was being transformed. The shape of the urban day was being altered after the Restoration by the development of shops , taverns and coffee-houses , theatres , the opera and other places of entertainment. All these places remained open in the evening and extended their hours of business and pleasure into the night. The watch was affected by this changing urban world since policing the night streets become more complicated when larger number of people were moving around. And what

4420-561: Was escorting her to Bridewell late at night. Another watchman from over the river in Southwark took advantage of the tricky situation people suddenly found themselves in if they stumbled into the watch, 'demanding money [from them] for passing the watch'. A common complaint in the 1690s was that watchmen were inadequately armed. This was another aspect of the watch in the process of being transformed. The Common Council acts required watchmen to carry halberds , with some still doing so through

4488-465: Was frequently thought to be poor quality of the watchman—and in time, the lack of effective lighting—came commonly to be blamed when street crimes and night-time disorders seemed to be growing out of control. Traditionally, householders served in the office of constable by appointment or rotation. During their year of office they performed their duties part-time alongside their normal employment. Similarly, householders were expected to serve by rotation on

4556-453: Was stopped by the watch, shouting huffily that it was a 'disgrace' to stop someone of such high standing as he, and telling the constable in charge of the watch that he would box him on the ears if he did not let his coach carry on back to his house. 'It is impossible' to 'distinguish a lord from another man by the outside of a coach', the constable said later in his defence, 'especially at unreasonable times'. The Ordinance of 1233 required

4624-420: Was who was going to serve and on what basis. How the money was to be collected to support a force of paid constables, and by whom, were crucial issues. The 1663 Common Council act left it to the ward beadle or a constable and it seems to have been increasingly the case that rather than individuals paying directly for a substitute, when their turn came to serve, the eligible householders were asked to contribute to

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