sheriff
American Heritage Dictionary:
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sher·iff
(shĕr'ĭf) 
n.
n.
- The chief law enforcement officer for the courts in a U.S. county.
- An officer of a county or an administrative region in England, Northern Ireland, and Scotland, charged mainly with judicial duties.
[Middle English, the representative of royal authority in a shire, from Old English scīrgerēfa : scīr, shire + gerēfa, reeve.]
Britannica Concise Encyclopedia:
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sheriff
In the U.S., the chief law-enforcement officer for the courts in a county. He is ordinarily elected, and he may appoint a deputy. The sheriff and his deputy have the power of police officers to enforce criminal law and may summon private citizens (the posse comitatus, or force of the county) to help maintain the peace. The main judicial duty of the sheriff is to execute processes and writs of the courts. Officers of this name also exist in England, Wales, Scotland, and Northern Ireland. In England the office of sheriff existed before the Norman Conquest (1066).
For more information on sheriff, visit Britannica.com.
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This entry contains information applicable to United States law only.
Usually the chief peace officer of a county.
The modern office of sheriff in the United States descends from a one-thousand-year-old English tradition: a "shire-reeve" (shire-keeper) is the oldest appointment of the English crown. Because county governments were typically the first established units of government in newly settled American territories, sheriffs were among the first elected public officials in an area and thus developed a leading role in local law enforcement.
A dichotomy frequently exists today between a sheriff's jurisdiction and the jurisdiction of a local police department. A metropolitan area may encompass an entire county or more; police departments and sheriffs will often maintain concurrent jurisdiction in the overlapping area. A sheriff may assume that a local police department will do its duty in enforcing the law, but the primary obligation rests with the sheriff and requires him to act when evidence of neglect of that duty exists.
Some state constitutions specifically provide for the office of sheriff, and state legislatures frequently establish conditions of office. Sheriffs are typically chosen in a county election. To serve as sheriff, an individual must usually meet certain requirements: residence within the jurisdiction, no criminal record, U.S. citizenship, and compliance with provisions guarding against nepotism. Sometimes officeholders must also satisfy certain age, physical, and educational requirements. A sheriff typically takes an oath and posts a bond upon taking office to ensure the faithful performance of the duties of the office. Compensation typically consists of commissions or fees for particular services performed, a fixed salary, or a combination of fees and salary.
State statutes or state constitutions regulate many duties of a sheriff and emphasize preserving the peace and enforcing criminal laws. Sheriffs arrest and commit to jail felons and other lawbreakers, including pretrial detainees and sentenced prisoners. They transport prisoners to state penal facilities and mental patients to state commitment facilities. In addition, a sheriff is usually responsible for the custody and care of the county courthouse and the jail, attends upon courts of record in serving process, and often has the power to summon jurors. As an officer of the court, a sheriff is subject to a court's orders and direction. Sheriffs also have the power to serve process, including summons, mesne (intermediate) process, and final process.
State statutes define a sheriff's role in serving process. Generally a sheriff is the proper officer to execute all writs returnable to court, unless another person is appointed. A sheriff must execute process without attempting to determine its validity. A court will not direct or advise a sheriff as to the manner of executing process, but she has a duty to effect service promptly, respectfully, and without unnecessary violence. A sheriff must exercise due diligence but need not expend all possible efforts in effecting service.
As part of the traditional common-law duties passed down from the English, sheriffs retain the power to summon the aid of a posse, or posse comitatus, as it is sometimes called. Ideally, a posse furnishes immediate, able-bodied assistance to a sheriff in need. For example, a sheriff may summon bystanders to assist in recapturing an escaped prisoner. These persons are neither officers nor private citizens. They are generally clothed with the same protection of the law as the sheriff and have full authority to provide the sheriff with any necessary assistance.
Sheriffs also levy writs of attachment, that is, the seizure of a debtor's property pursuant to a court order. The sheriff must safeguard seized goods from damage or loss, but he does not absolutely ensure their safety. Generally, property that is lost, destroyed, or damaged by something other than a sheriff's neglect will not result in liability for the sheriff. After seizure, the goods are sold at a sheriff's auction to satisfy creditors' claims. A sheriff decides the time, manner, and place of a judicial sale, collects purchase monies, and distributes the proceeds pursuant to court instructions. A sheriff may not purchase property at a sheriff's sale.
In general, a sheriff may be liable in damages to any person injured as a consequence of a breach of duty connected with the office. A sheriff may not exceed the authority given by law: a sheriff who uses legal authority for illegal conduct is liable as if she had acted without process of law. Some instances where liability may be imposed include a negligent failure to seize sufficient available property that would reasonably be expected to satisfy a debt, a failure to execute process delivered for execution, a levy upon the wrong party, or an excessive levy. Liability is in a personal capacity, not in an official capacity. Limited immunity usually protects a sheriff from liability for acts performed in conjunction with official duties but will not shield her from liability caused by overstepping the authority of the office.
A sheriff typically has broad discretion in appointing, removing, and setting conditions of employment for deputies. A deputy is said to be clothed with the power and authority of the sheriff with respect to the sheriff's ministerial duties. For example, a deputy may act for the sheriff in the service and return of process, in making an execution or other judicial sale (including the appraisal of the property as a prerequisite to such sale), in executing a deed to a purchaser, in serving an execution for taxes, and in serving a garnishment summons.
A deputy's acts, breaches, or misconduct committed in the performance of official duties may result in liability on the sheriff's behalf. For example, in the absence of statutory authority to the contrary, a sheriff could be held liable for a deputy's reckless or wanton acts during an arrest, negligence in caring for and protecting prisoners, or failure to serve process or return a writ.
A sheriff may be removed from office for a variety of reasons, including habitual intoxication or intoxication on the job; misconduct in office, such as misuse of public funds or property; refusal to enforce the law; mistreatment of prisoners; neglect of duty; nepotism; or conviction of a crime.
See: service of process.
Devil's Dictionary:
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sheriff
A cynical view of the world by Ambrose Bierce
n.
In America the chief executive office of a country, whose most characteristic duties, in some of the Western and Southern States, are the catching and hanging of rogues.
John Elmer Pettibone Cajee
(I write of him with little glee)
Was just as bad as he could be.
'Twas frequently remarked: "I swon!
The sun has never looked upon
So bad a man as Neighbor John."
A sinner through and through, he had
This added fault: it made him mad
To know another man was bad.
In such a case he thought it right
To rise at any hour of night
And quench that wicked person's light.
Despite the town's entreaties, he
Would hale him to the nearest tree
And leave him swinging wide and free.
Or sometimes, if the humor came,
A luckless wight's reluctant frame
Was given to the cheerful flame.
While it was turning nice and brown,
All unconcerned John met the frown
Of that austere and righteous town.
"How sad," his neighbors said, "that he
So scornful of the law should be --
An anar c, h, i, s, t."
(That is the way that they preferred
To utter the abhorrent word,
So strong the aversion that it stirred.)
"Resolved," they said, continuing,
"That Badman John must cease this thing
Of having his unlawful fling.
"Now, by these sacred relics" -- here
Each man had out a souvenir
Got at a lynching yesteryear --
"By these we swear he shall forsake
His ways, nor cause our hearts to ache
By sins of rope and torch and stake.
"We'll tie his red right hand until
He'll have small freedom to fulfil
The mandates of his lawless will."
So, in convention then and there,
They named him Sheriff. The affair
Was opened, it is said, with prayer.
J. Milton Sloluck
Word Tutor:
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sheriff
IN BRIEF: A law enforcement officer.
In the Old West, the sheriff was the main peacekeeper.
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Random House Word Menu:
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categories related to 'sheriff'
- Judges, Lawyers, and Others in the Court System - sheriff: elected chief law enforcement officer of county
- Titles of Rank - sheriff: important official of shire or county charged primarily with judicial duties; police officer for county
- Police Procedures and Detection - sheriff: law-enforcement officer of county or other civil subdivision of state
See crossword solutions for the clue Wikipedia on Answers.com:
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Sheriff
Not to be confused with Sharif.
For other uses, see Sheriff (disambiguation).
 |
Look up sheriff in Wiktionary, the free dictionary. |
In principle, a sheriff is a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country.
The word "sheriff" is a contraction of the term "shire reeve". The term, from the Old English scīrgerefa, designated a royal official responsible for keeping the peace (a "reeve") throughout a shire or county on behalf of the king.[1] The term was preserved in England notwithstanding the Norman Conquest. From the Anglo-Saxon kingdoms the term spread to several other regions, at an early point to Scotland, latterly to Ireland, and to the United States.
Sheriffs exist in various countries:
- Sheriffs are administrative legal officials similar to bailiffs in the Republic of Ireland, Australia, and Canada (with expanded duties in certain provinces).
- Sheriffs are judges in Scotland.
- Sheriff is a ceremonial position in England, Wales, and India.
- In the United States of America the scope of a sheriff varies across states and counties. The sheriff is always a county official, and serves as the arm of the county court. In urban areas a sheriff may be restricted to court duties such as administering the county jail, providing courtroom security and prisoner transport, serving warrants, and serving process. Sheriffs may also patrol outside of the city or town limits. In many rural areas, sheriffs and their deputies serve as the principal police force.
In British English, the political or legal office of a sheriff is called a shrievalty.
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Contents
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History
Further information: Conservator of the peace
Modern usage
Australia
The office of sheriff was first established in Australia in 1824. This was simultaneous with the appointment of the first Chief Justice of New South Wales. The role of the sheriff has not been static, nor is it identical in each Australian State. In the past his duties included: executing court judgements, acting as a coroner, transporting prisoners, managing the gaols, and carrying out executions (through an anonymous hangman). Currently, no Australian State provides for capital punishment. A government department (usually called the Department of Corrections or similar) now runs the prison system, and the Coroner’s Office handles coronal matters. The sheriff is now largely responsible for enforcing the civil orders and fines of the court (seizing and selling the property of judgement debtors who do not satisfy the debt), providing court security, enforcing arrest warrants, evictions, taking juveniles into custody, and running the jury system. Some State Sheriffs can also apply sanctions ranging from suspending drivers licences and car registration to wheel clamping and arranging community service orders, and as a last resort make arrests.
Canada
Various jurisdictions in Canada on provincial and sub-provincial levels operate sheriff's departments primarily concerned with court bailiff services such as courtroom security, post-arrest prisoner transfer, serving legal processes, and executing civil judgements. Sheriffs are defined under Section 2 of the Criminal Code of Canada as "peace officers". In other parts of Canada not covered by a sheriff's agency, bailiff functions are handled directly by the local provincial police or by Royal Canadian Mounted Police as appropriate.
Alberta
See also: Alberta Sheriffs
In 2006, the Province of Alberta expanded the duties[2] of the provincial sheriffs department to include tasks such as traffic enforcement, VIP protection, investigation, and fugitive apprehension(FASST). As of June 2008, the provincial sheriffs department consists of 105 traffic sheriffs who are assigned to one of seven regions in the province. Sheriffs also assist various police services in Alberta with prisoner management.
British Columbia
See also: British Columbia Sheriff Services
BCSS responsibilities include the protection of the Provincial, Supreme, and Appeal Courts of BC; planning high-security trials; providing an Intelligence Unit; assessing threats towards public officials and those employed in the Justice system; protecting Judges and Crown Prosecutors; managing detention cells; transporting prisoners by ground and air; managing and providing protection for juries; serving court-related documents; executing court orders and warrants; and assisting with coroner's court.
Iceland
In Iceland, sheriffs (Icelandic: sýslumaður (singular), sýslumenn (plural)) are administrators of the state, holders of the executive power in their jurisdiction and heads of their Sheriff's Office. Sheriffs are in charge of certain legal matters that typically involve registration of some sort and executing the orders of the court. The duties of the sheriffs differ slightly depending on their jurisdiction but they can be broadly categorised as:
- Duties of all sheriffs: marital matters (such as general registration of marital status and performing civil marriages), statutory matters, inheritance matters and more.[3]
- Duties of all sheriffs except in Reykjavík: collection of public fees, publication of licences and permits for various personal and business purposes and more.[4]
- Special duties of some sheriffs: in some jurisdictions the sheriff is also the commissioner of police.[5]
There are 24 sheriffs and sheriff jurisdictions in Iceland. The jurisdictions are not defined by the administrative divisions of Iceland but are mainly a mixture of counties and municipalities.
The post of sheriff was mandated by the Old Covenant, an agreement between the Icelandic Commonwealth and the Kingdom of Norway. The agreement which was ratified between 1262 and 1264 makes the post of sheriff the oldest secular position of government still operating in Iceland.[6]
India
See also: Category:Sheriffs of India
Among cities in India, only Mumbai (Bombay), and Kolkata (Calcutta) have a sheriff. The sheriff has an apolitical, non-executive role. Sheriffs preside over various city-related functions and conferences and welcome foreign guests. The post is second to the mayor in the protocol list.
Republic of Ireland
In the Republic of Ireland, a sheriff (Irish: sirriam) can be either:
- a court officer in both Dublin City and County and Cork City and County who earn their fees from poundage (commission); or
- civil servants employed by the Revenue Commissioners, known popularly as "tax sheriffs".
In both cases sheriffs are charged with enforcing civil judgements against debtors within their bailiwick. Outside Dublin and Cork the County Registrar carries out the functions of the sheriff regarding judgements.
The Dublin and Cork sheriffs also perform all the duties of returning officers in elections (other than local elections) and some other duties concerning pounds. Sheriffs may appoint court messengers, subject to approval of the Minister for Justice, to assist them with their work.
Philippines
Manila
The Office of Sheriff of Manila was established on July 1, 1901. The first Sheriff of Manila was James Peterson.[7] The main duties of the sheriff and deputies is enforcing arrest warrants, evictions, civil orders, writs, subpoenas, notices, release orders, commitment orders, mittimus, and providing court security. The office has three divisions; administrative, criminal and civil.[8] The office of the sheriff is now located at Manila city hall. [9]
United Kingdom
England and Wales
Main article: High Sheriff
The High Sheriff of an English or Welsh county is an unpaid, partly ceremonial post appointed by The Crown through a Warrant from the Privy Council.
Cornwall
The first Duchy of Cornwall Charter of 1337 stated that the "Shrievalty of Cornwall" was vested in the Duke of Cornwall, such that the duke has the authority to appoint the High Sheriff in the county.[10] Two further charters dated March 18, 1337 and January 3, 1338 stated that no sheriff of the king shall enter Cornwall to execute the kings writ.
Historically, the court officers empowered to enforce High Court writs were called Sheriffs or Sheriff's Officers. In April 2004 they were replaced by High Court enforcement officers.
City of London
Main articles: Sheriff of the City of London and List of Sheriffs of London
In the City of London, the position of sheriff is one of the officers of the Corporation. Two are elected by the liverymen of the City each year to assist the Lord Mayor, attend the Central Criminal Court at the Old Bailey, and present petitions to Parliament: usually one is an alderman and the other is not. The aldermanic sheriff is then likely to become Lord Mayor in due course.
Northern Ireland
Main article: High Sheriff
High Sheriff is a largely ceremonial position in Northern Ireland, with some functional duties including deputising for Lord Mayor. There are eight High Sheriff positions throughout Northern Ireland: one for each of the counties and for the two major cities of Northern Ireland (the High Sheriff of Belfast and the High Sheriff of Londonderry City).
Scotland
Main articles: Sheriff Court and Sheriff Principal
See also: Scots law
In Scotland, a sheriff is analogous to a judge and sits in a second-tier court, called the Sheriff Court. The sheriff is legally qualified, in comparison with a lay Justice of the Peace who preside over the first-tier District Courts of Scotland.
The sheriff court is a court of first instance for the majority of both civil and criminal cases. However, the court's powers are limited, so that major crimes such as rape or murder and complex or high-value civil cases are dealt with in the High Court (for criminal matters) or the Court of Session (for civil matters).
There are six sheriffdoms in Scotland, each with a Sheriff Principal. Within each sheriffdom there are several Sheriff Courts; each court has at least one courtroom and at least one Sheriff (technically a Sheriff Depute). A Sheriff may sit at different courts throughout the sheriffdom. [1]
Sheriffs are usually advocates and, increasingly, solicitors with many years of legal experience. Until recently, they were appointed by the Scottish Executive, on the advice of the Lord Advocate. However, the Scotland Act 1998 introduced the European Convention of Human Rights into Scots law. A subsequent legal challenge to the impartiality of the sheriffs based on the provisions of the Convention led to the setting up of the Judicial Appointments Board for Scotland, which now makes recommendations to the First Minister, who nominates all judicial appointments in Scotland other than in the District Court. Nominations are made to the First Minister, who in turn makes the recommendation to the Queen.
United States
Main article: Sheriffs in the United States
 |
This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (May 2007) |
In the United States, a sheriff is generally, but not always, the highest law enforcement officer of a county. A sheriff is in most cases elected by the population of the county. The sheriff is always a county official and serves as the arm of the county court. The scope of a sheriff varies across states and counties. In some states the sheriff is officially titled "High Sheriff", although the title is rarely used. In urban areas a sheriff may be restricted to court duties such as administering the county jail, providing courtroom security and prisoner transport, serving warrants, and serving process. Sheriffs may also patrol outside of the city or town limits. In many rural areas, sheriffs and their deputies serve as the principal police force.
The political election of a person to serve as a police leader is chiefly American tradition. The practice has been followed in the British Channel Island of Jersey since at least the 16th century.[11] A sworn law enforcement officer working for a sheriff is called a "sheriff's deputy", "sheriff's officer", or something similar, and is authorized to perform the sheriff's duties. In some states, a sheriff may not be a sworn officer, but merely an elected official in charge of sworn officers. These officers may be subdivided into "general deputies" and "special deputies". In some places, the sheriff has the responsibility to recover any deceased persons within their county, in which case the full title is "sheriff-coroner". In some counties, the sheriff's principal deputy is the warden of the county jail or other local correctional institution.
In some areas of the United States, the sheriff is also responsible for collecting the taxes and may have other titles such as tax collector or county treasurer. The sheriff may also be responsible for the county civil defense, emergency disaster service, rescue service, or emergency management.
In the United States, the relationship between the sheriff and other police departments varies widely from state to state, and indeed in some states from county to county. In the northeastern United States, the sheriff's duties have been greatly reduced with the advent of state-level law enforcement agencies, especially the state police and local agencies such as the county police. In Vermont, for instance, the elected sheriff is primarily an officer of the County Court, whose duties include running the county jail and serving papers in lawsuits and foreclosures.[clarification needed] Law enforcement patrol is performed as well, in support of State Police and in the absence of a municipal police agency in rural towns.
By contrast, in other municipalities, the sheriff's office may be merged with most or all city-level police departments within a county to form a consolidated city-county or metropolitan police force responsible for general law enforcement anywhere in the county. The sheriff in such cases serves simultaneously as sheriff and chief of the consolidated police department. Examples include the Jacksonville Sheriff's Office in Florida, Las Vegas Metropolitan Police Department and the Miami-Dade Police Department.
Sheriff offices may coexist with other county level law enforcement agencies such as county police, county park police, or county detectives.
In Virginia since 1871, cities have been completely independent jurisdictions which are not part of any county at all. In those cities, the sheriff of the county in which the city is located, handle jails, courtroom security and serves all civil process — subpoenas, evictions, etc. However, in some counties that have created separate county police departments, the sheriff's office shares law enforcement duties.[citation needed]
The New York City Sheriff is appointed by the mayor. His jurisdiction is all five county-boroughs of New York City — Kings, Queens, Richmond, Bronx and New York counties.
The sheriffs of Middlesex County and Suffolk County, Massachusetts have ceremonial duties at Harvard University commencement exercises. In a tradition dating to the 17th century, the Sheriffs lead the President's Procession, and the Sheriff of Middlesex County formally opens and adjourns the proceedings.[12][13][14]
There are also states in the United States that do not have sheriffs, such as Connecticut. In Connecticut, where county government has been abolished, the state and local police have sole responsibility for law enforcement.
Missouri has a county that eliminated the position of elected sheriff in 1955; the St. Louis County Police Department has an appointed police chief that performs the duties of the sheriff. Colorado has two counties that have appointed sheriffs rather than elected officials like the other 62 counties. Denver and Broomfield are city-and-county entities, which are required to have and/or perform a sheriff function. Denver's "sheriff" is the manager of safety, who is appointed by the mayor to oversee the fire, police and sheriff departments and is the ex officio sheriff. The position was created in 1916 to oversee the fire and police chiefs as well as the undersheriff who oversees the sheriff department. The Denver Sheriff Department is responsible for the operation of the correctional facilities as well as serving the courts per state law. Broomfield evolved from four counties in 2001. The Broomfield Police Department performs all "sheriff" functions under an appointed police chief, who acts as the sheriff per state law.[15]
See also
- Constable
- High Sheriff
- Marshal
- National Sheriffs' Association
- Police memorabilia collecting
- Schultheiß, the equivalent German mediæval office
- Viscount
References
- ^ Online Etymology Dictionary:sheriff, Online Etymology Dictionary:reeve
- ^ "Alberta sheriffs make highway debut this weekend". CBC. September 1, 2006. http://www.cbc.ca/canada/edmonton/story/2006/09/01/alberta-sheriffs.html. Retrieved 2008-06-03.
- ^ "Verkefni allra sýslumanna [Tasks of all sheriffs]" (in Icelandic). http://www.syslumenn.is/allir. Retrieved 31 January 2012.
- ^ "Verkefni sýslumanna utan Reykjavíkur [Tasks of sheriffs outside Reykjavík]" (in Icelandic). http://www.syslumenn.is/utanrvk/. Retrieved 31 January 2012.
- ^ "Sérstök verkefni sýslumanna [Special tasks of sheriffs]" (in Icelandic). http://www.syslumenn.is/serstok-verkefni/. Retrieved 31 January 2012.
- ^ "Saga sýslumanna [History of sheriffs]" (in Icelandic). http://www.syslumenn.is/syslumenn/saga-embaettanna/. Retrieved 31 January 2012. "Sýslumanna er fyrst getið hérlendis í einu handriti að sáttmála þeim sem Íslendingar gerðu við Noregskonung og öðlaðist staðfestingu á árunum 1262 til 1264 og síðar var nefndur Gamli sáttmáli, en með sáttmála þessum má segja að Íslendingar hafi gerst þegnar Noregskonungs. Eru sýslumenn elstu veraldlegu embættismenn sem enn starfa hérlendis og hafa alla tíð verið mikilvægur hluti stjórnsýslunnar."
- ^ http://www.chanrobles.com/cralaw19065.htm
- ^ http://www.facebook.com/pages/Office-of-the-Sheriff-Manila/132101086831940
- ^ http://www.lawphil.net/courts/mrtc/mrtc_dir.html#manila
- ^ A Charter of 1337
- ^ Balleine's History of Jersey
- ^ "Commence Wonderment, Harvard Gazette May 26, 2010". http://news.harvard.edu/gazette/story/2010/05/commence-wonderment/. Retrieved 2011-01-06.
- ^ "Harvard Commencement 2009 Adjourned By The High Sheriff Of Middlesex County". http://wn.com/Harvard_Commencement_2009__Adjourned_by_the_High_Sheriff_of_Middlesex_County. Retrieved 2011-01-06.
- ^ "The Spirit & Spectacle of Harvard Commencement". http://news.harvard.edu/gazette/story/2010/05/commence-wonderment/. Retrieved 2011-01-06.
- ^ Lenny Ortiz, "Denver Behind Bars" 2004
External links
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Look up sheriff in Wiktionary, the free dictionary. |
This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)
Translations:
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Sheriff
Dansk (Danish)
n. - sherif, distriktspolitimester
Français (French)
n. - (GB, Jur) shérif, (Écosse) juge, (US) shérif
Ελληνική (Greek)
n. - σερίφης, αρχηγός αστυνομίας επαρχίας ή κομητείας
Português (Portuguese)
n. - xerife (m)
Español (Spanish)
n. - gobernador civil, primer presidente del tribunal de un condado
Svenska (Swedish)
n. - sheriff
中文（简体）(Chinese (Simplified))
郡治安官, 州长
中文（繁體）(Chinese (Traditional))
n. - 郡治安官, 州長
日本語 (Japanese)
n. - 州長官, 郡保安官, 保安官
العربيه (Arabic)
(الاسم) ألشريف " عمدة ألبلدة "
עברית (Hebrew)
n. - ממונה על שמירת החוק בעיר או במחוז, שריף
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