Who Enforced Laws in the Colonial Times?
Law enforcement during Colonial times was based on English Common Law but lacked the cohesiveness of the European system. With a lack of knowledgeable legal sources, the laws were enforced by a series of citizen interventions, corrupt sheriffs and all-powerful judges. Punishments could be severe and humiliating, and often the religious convictions of society came through in its justice system.
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Features
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Because there was a lack of established practice and very few individuals with legal knowledge, early Colonial law enforcement fell to the collective colonists themselves. They followed a brand of English Common Law, which was based on a set of precedents established by judgments in the past rather than any code of laws. If a person was thought to have committed a crime or a breech in the public trust, a group of citizens known as a grand jury was assembled to determine if the criminal should stand trial. Most crimes fell within the category of a misdemeanor or a felony, but it was up to the victim to instigate the trial, and without a substantial base of prosecutors, the costs of the trial often fell to the victim.
Types
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Through the course of establishing the colonies, a governor would divide the land into a series of counties, each one operated by a sheriff. The sheriff's principal duties were to enforce laws, collect taxes and oversee elections. However, the sheriff was paid on a basis of fees garnered from the taxes collected for the governor; this enabled an undue enforcement of the laws since the sheriff would generally use intimidation for financial gain.
As time went on and towns grew in size, it became apparent to mayors that law enforcement could not be handled by one individual with other tasks at hand. Most cities began adding a constable, who was the primary enforcer of laws during the daytime. They also set up a night watch, in which colonists would take turns patrolling the streets to ensure community safety. Few volunteered for this duty, so many towns established a system of fines to persuade individuals to do their civic duty. -
Function
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Judges and magistrates were the primary legal force of government during Colonial times. They essentially acted as both the legislative and judicial branches of government, and their decisions established laws as well as interpreted them. Prosecutors and defense attorneys were rare, and a trial by jury was available; however, it insulted the judge and usually ended in a guilty verdict. When a trial was brought before the judge, the witnesses and the accused would testify, letting the judge ask questions and make a decision. Generally the judge would push for an admission of guilt and an attempt at penance before deciding on a punishment.
Effects
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Punishment in Colonial times usually took the form of public humiliation. Because the colonists were in need of every worker in the settlement, harsher punishments were rare and relegated to capital crimes such as rape or murder. Whipping was the most common form of punishment, while other drastic acts such as branding and cutting off ears were occasionally used. For minor offenses, a criminal would be placed in a pillory or stocks for public humiliation and retaliation.
Prisons were nonexistent in Colonial times, since the infrastructure and necessity was uncommon. While awaiting trial, the accused generally were placed in a holding house that included many rooms. Some problems with this concept were the lack of supervision and the mixed population of men, women and children that inhabited them. In addition, the houses proved a breeding ground for illnesses and pests.
Significance
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Unlike in Europe, the law enforcement of the Colonies was heavily influenced by the actions of the church. Sheriffs, judges and mayors often acted on behalf of the church in bringing individuals to trial and punishing them. Many codified laws that began to be produced as the Colonies gained more self-control used divine interaction and religious examples in their explanations. The greatest example of this was "The General Laws and Liberties of the Massachusetts Bay Colony," published in 1648. This document was a heavy influence on the actions of law enforcement in the Puritan areas of the Colonies. In addition to the traditional English Common Law, it also named many religious codes as laws, such as heresy.
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