HISTORY AND PROFESSIONAL CODE OF ETHICS OF THE POLICE
INTRODUCTION
This chapter of the study introduces the history of the police institution and goes further to
discuss the professional code of ethics of the police institution. The chapter will be divided
into two section, the first section deals with the history of policing and the second deals with
the professional code of ethics of the police. The history of police will be traced from the
very beginning of policing in the world to the current policing system in Ghana. The
professional code of ethics will capture the general world view of police ethics and narrowed
down to the professional code of ethics of the Ghana Police Service.
SECTION ONE: HISTORY OF POLICING
Police History In the beginning, there was kin policing, with its penchant for blood feuding
and traditions of tribal justice. Many pre-civilized villages or communities are believed to
have had a rudimentary form of law enforcement (morals enforcement) derived from the
power and authority of kinship systems, rule by elders, or perhaps some form of totemism or
naturism (Realpolice.net, 2013).
Under kin policing, the family of the offended individual was expected to assume
responsibility for justice by capturing, branding, or mutilating the offender. To be sure, there
were also theocratic institutions (religious temples, magic rituals, grand viziers), but these
were probably used as a system of appeals (sanctuary, refuge) and for purposes not
associated with justice.
Since war has existed, the police function has been somewhat inseparable from the military
function as ancient rulers almost always kept elite, select units (bodyguards) close at hand to
protect them from threats and assassination attempts, and although it was more theocratic
than militaristic, the argument could be made that the first known civilization (Egypt) was a
police state (ibid).
In Mesopotamia, the rise of cities like Uruk, Umma, Eridu, Lagash, and Ur is widely
regarded as the "birth of civilization". However, these cities were in a state of constant
warfare, and in terms of looking at which residents bore the closest resemblance to police
officers, the argument could be made that captured Nubian slaves were the first police force.
This group was often put to work as marketplace guards, Praetorian guards, or in other
mercenary-like positions. As a police force, their different color, stature, and manner of dress
made them quite visible among the Mesopotamians. The idea of visibility could then be
regarded as the first principle of crime control.
With the rise of the city-states came forms of criminal justice that could be considered as
king's policing. It's conventional to note that things like the Code of Hammurabi marked the
first known system of criminal law as well as the start of other practices. The Hebrews
developed the Mosaic Law and a rudimentary adversverdana system. The Greeks
experimented with highway patrol and jury trials (Athens) as well as secret police and
mercenary systems (Sparta). Across Africa, trials were being conducted while sitting down
(three-legged stools of justice). Violators were brought before thrones of justice in the name
of the crown, and to keep the peace meant, for the most part, keeping the king's peace of
mind. Greek philosophy (Aristotle, Plato) was largely responsible for popularizing the
majesty of justice by associating good law and order with virtue.
It's widely recognized that the first organized police force were the Roman vigiles, the first group
of nonmilitary and non-mercenary police. They were created by Gaius Octavius, the grand
nephew of Julius Caesar, around 27 B.C. After his uncle was assassinated, little Octavius swore
revenge and rose to power with a desire to reform Roman society. Once he became ruler, he took
the name Augustus Caesar, or more simply Augustus, the first emperor of Rome. Let's take a
close look at the steps involved in establishment of the world's first organized police force:
* The first thing Augustus did was create a special unit, called the Praetorian Guard, to protect
him from assassination. 9000 men were selected and divided into 9 cohorts of 1000 each. 3 of
these cohorts operated as undercover operatives housed among the civilian residents. The
Praetorian Guard eventually became involved in assassination plots themselves, and were
disbanded or reabsorbed by the military.
* The second thing Augustus did was create a daytime city fire brigade of 600 slaves and
spread them among 14 separate precincts. The slaves proved inadequate and were disbanded, but
the prefect (precinct) system proved workable.
* The slave fire brigade was replaced by urban cohorts, headed by a prefect of the urban
cohorts. These were a less select military unit of men who weren't good enough to get into the
Praetorian Guard. They were several thousand of them. They were primarily responsible for fire
safety during daytime hours, and they were fairly inadequate at it.
* The urban cohorts were supplemented by nighttime cohorts, and there were several thousand
of them, recruited and selected from among freedmen only. They were known as the vigiles
(watchmen) of Rome, and were empowered not only to fight fires but to arrest law breakers. The
prefect of the vigiles eventually became a powerful man, passing judgment on most lawbreakers,
except for serious lawbreakers who had to be turned over to the prefect of the urban cohorts. The
vigiles were armed with clubs as well as short swords. They eventually took over the duties of
the urban cohorts (Realpolice.net, 2013).
MIDDLE AGES (400 A.D. - 1600 A.D.)
The middle ages either had no system of law enforcement or one of two systems, depending
upon what part of the world you were in. Where law enforcement existed, it was most likely a
variety of the watch system -- a system premised on the importance of voluntarily patrolling the
streets and guarding cities from sunset to sunrise ("2 A.M. and all's well").
The predominant function of policing became class control (keeping watch on vagrants,
vagabonds, immigrants, gypsies, tramps, thieves, and outsiders in general). Despite some
innovations during this time period (the Magna Carta of 1215 being a notable example), most of
this era was characterized by lawlessness and corruption. By the 1500s, there was no country in
the world with more robbers, thieves, and prostitutes than England. Other countries, too,
experienced lawlessness to such a degree that citizen groups, known as vigilantes, sprang up to
combat crime.
From the history of the origin and the activities as well as reasons for which the police institution
was established it very clear that the police exist to protect human lives – safeguarding the right
to live, prevent crime and protect properties – safeguarding the right to own property, and to stop
people who cause mayhem or create insecurity in society-thereby safeguarding the rights and
freedom of movement, expression, and association, among others (ibid).
POLICING IN GHANA
Professional policing was introduced by the British Colonial Authorities to the Gold Coast now
the Republic of Ghana in 1821. Prior to that, policing or maintenance of law and order was
organized by the traditional authorities such as the local headsmen and chiefs, who employed
unpaid messengers to carry out the executive and judicial functions in their respective
communities.
In 1894, the Institution of Police was formalized with the passing of the Police Ordinance which
gave legal authority for the formation of a civil police force. In 1902 the force was split into
General, Escort, Mines and Railway Police, which was legalized by the Police [Amendment]
Ordinance of 1904.
The Marine Police was formed in 1916 but disbanded in 1942 and replaced by Customs Excise
and Preventive Service. The Criminal Investigation Department [CID] was formed in 1921 with
the finger print section fully operational in 1922.
In 1948, the Police Reserves Unit was formed to combat riotous mobs, following the 1948 riots
in the country. The wireless and Communications Unit was formed in 1950 with the formal
opening of the Police Information Room in Accra by the then Governor of the Gold Coast, Sir
Charles Noble Arden Clark, in June 1950.
By 1952, a large number of Africans were enlisted into the Police Force as junior officers. The
women branch of the service was then established, to be responsible for Juvenile crimes and
offences committed by women. In 1958, the first Ghanaian Police Commissioner, Mr. E. R. T.
Madjitey was appointed to head the service.
THE POLICE TODAY
Aims and objectives of the police
The Ghana Police Service as it is now called has as its motto “Service with Integrity”.
The functions of the Ghana Police Service as stated in the Police Service Act, 1970 [Act 350] of
Ghana are as follows;
Crime detection and prevention
Apprehension (arrest) and prosecution of offenders
Maintenance of law and order
Due enforcement of the law (ghanapolice.info 20/01/13)
The only major step Ghana has taken towards wholesale reform of the police since 1993 was the
establishment of a commission to look into policing in 1996, known as the Archer Commission.
The Archer Commission came back with a wide-ranging set of suggested reforms, but the
Government has been less than keen to implement any of its recommendations (CHRI, 2007).
“…the pioneers of the Ghana Police were drawn from military sources without proper civil
police training. They were held in such dread that children were frightened by the mere mention
of the word ‘police.’ Any member of the public found in the company of a policeman, was
considered to have been involved in some trouble! The police was tolerated in the society
through fear. In the minds of many, it was the symbol of the imperial powers.” (ibid)
None of the civilian and military regimes during the mandate period [1957-1992], made any
serious attempt to provide mechanisms that would enable the service to exercise its functions in
the society efficiently and honestly, while respecting individual dignity, rights and liberties.”
(Paragraph 1.13.2 of the NRC Report).
In the 1960’s reports indicates that there has been a general impression from the various
discussions that the Ghana Police and other security agencies have continued to violate and
infringe on the human rights of citizens. Suspects have been detained or held in custody without
trial indefinitely and, in some cases in the past, extra-judicial killings were carried out.” -
Country Review Report of the Republic of Ghana – African Peer Review Mechanism (opcit).