Sheriffs

SIGNIFICANCE: As chief county law-enforcement administrators, sheriffs are responsible for maintaining public order within their jurisdictions.

In addition to maintaining public order, the duties of sheriffs may also include the execution of the mandates and judgments of criminal and civil courts, the delivery of writs, the summoning of juries, and the maintenance of county jails. The responsibilities of sheriffs are often so vast that sheriffs’ offices are the largest employers of law-enforcement personnel in many areas of the country. Around 1990, more than one in five law-enforcement officers served in sheriffs’ departments. In states that legally require sheriffs, the duties and responsibilities of the office vary widely as do the requirements for holding the office. It is not unusual in many states for individuals to be elected who possess little or no educational training in law enforcement.

Sheriffs in England

The office of sheriff originated in England prior to the Norman Conquest of 1066. Each shire, or county, was administered by a representative of the king known as a reeve. The appointed reeve was usually a baron who was an ally of the king. These officials had nearly absolute power within their jurisdictions. Eventually the title “shire reeve” evolved phonetically into “sheriff.” The sheriff in the English countryside collected taxes, commanded the militia, delivered writs, and served as judge and jury in all criminal and civil cases. After the reign of William the Conqueror (r. 1066–87), the sheriff’s power and status were dramatically diminished. Under King Henry II (1154–89) the position assumed a law-enforcement role. By the end of the Protestant Reformation in England, specifically during the reign of Queen Elizabeth I (1558–1603), most of the duties and powers once reserved exclusively for the sheriff had been assumed by the newly created offices of constable and justice of the peace.

Early American History

The English settlers of colonial America referred to their first law-enforcement officials as constables, as they had responsibilities very similar to those of their English namesakes. However, the governor of colonial New York appointed sheriffs who functioned in much the same manner as they had in England, exercising considerable power in their respective counties. The sheriff in colonial New York was also responsible for the total oversight of elections, which led to widespread claims of corruption and abuse of power. The office of sheriff was stripped of much of its power following the American Revolution (1775–83) and sheriffs as the law-enforcement agents of frontier justice did not emerge until after the American Revolutionary War.

Prior to the Civil War of the early 1860s, American sheriffs were typically appointed to their positions by state, territorial, or city governments, and they exercised wide-ranging powers. Their many duties included maintaining order, collecting taxes, apprehending criminals, conducting elections, and maintaining local jails. Frontier sheriffs led particularly dangerous lives. They were poorly trained and often ill-equipped to deal with the hardships required of their office.

In the Western territories of California, Oregon, Utah, New Mexico, Colorado, Nevada, and Texas they were called upon to travel great distances to apprehend criminals and perform other duties. When granted the authority, sheriffs also appointed deputy sheriffs to assist them in carrying out the duties of their office, especially the apprehension of fleeing criminals. It was not uncommon for sheriffs to “deputize” dozens of volunteers when circumstances required, especially during emergency situations. As the former Western territories achieved US statehood, sheriffs increasingly became elected officeholders.

The Modern Sheriff

By 1900 population shifts in many states from the countryside to the cities required the creation of new law-enforcement agencies, such as city and state police departments. These new agencies assumed much of the work and duties performed by sheriffs’ offices. The complexities of organized crime and other developments, especially the automobile and the expanding highway system, necessitated the creation of highly trained and skilled state and federal police agencies capable of dealing with the challenges of modern criminal activity. Most sheriffs, generally popularly elected, did not have the training or professional qualifications to deal with the modern criminal, who could move rapidly from one jurisdiction to another.

Another often-heard complaint was that the sheriffs in many communities were nothing more than servants of the local elites. In 1940 sheriffs around the country who were concerned about the level of professionalism and expertise needed to survive in the ever-changing field of criminal justice began organizing what evolved into the National Sheriffs’ Association (NSA). The NSA offers training, information, and other services to sheriffs, deputies, and other personnel throughout the United States, allowing law-enforcement professionals to network and share information about trends in law enforcement and policing. In 1972 the National Sheriff’s Institute (NSI) was established by the NSA to provide sheriffs and their administrative staffs with high-quality, low-cost training and programs. Jail administration, liability issues, crime prevention, and public relations are but a few of the many concerns addressed by NSI classes. The NSA also publishes the Sheriff magazine, Community Policing Exchange, Sheriff Times, and several other periodicals.

According to the Bureau of Justice Statistics, as of the 2020 census, sheriffs' offices employed more than 174,000 full-time sworn officers and 191,000 full-time civilian personnel, who serve as a critical part of the modern law-enforcement community. Issues of concern for modern sheriffs as they enter the twenty-first century include funding, community policing, coping with law-enforcement stress, and rising medical costs. In many sparsely populated and unincorporated areas of the United States, the locally elected sheriff is still the primary source of law-enforcement protection. Alaska and New Jersey are the only states that do not maintain sheriffs’ offices. As of 2024, sheriffs are elected to four-year terms in forty-one states, two-year terms in three states, a three-year term in one state, and a six-year term in one state. Most states require that all law-enforcement personnel, including sheriffs, undergo training before acting in their capacity as law-enforcement officers.

Bibliography

Brooks, Connor. "Sheriffs' Offices Personnel, 2020." Bureau of Justice Statistics, Nov. 2022, bjs.ojp.gov/library/publications/sheriffs-offices-personnel-2020#0-0. Accessed 9 July 2024.

Cohn, Paul, and Shari Cohn. Careers in Law Enforcement and Security. New York: Rosen, 1990. Print.

Daniels, Bruce C., ed. Town and Country: Essays on the Structure of Local Government in the American Colonies. Middletown: Wesleyan UP, 1978. Print.

Duncombe, Herbert Sydney. Modern County Government. Washington, DC: Natl. Assn. of Counties, 1977. Print.

"FAQ." National Sheriffs' Assocation, 2024, www.sheriffs.org/about-nsa/faq. Accessed 9 July 2024.

Keith-Lucus, Bryan. The History of Local Government in England. New York: Kelly, 1970. Print.

Prassel, Frank R. The Western Peace Officer: A Legacy of Law and Order. Norman: U of Oklahoma P, 1971. Print.

Rosa, Joseph G. The Gunfighter: Man or Myth? Norman: U of Oklahoma P, 1969. Print.

US Bureau of Labor Statistics. Census of State and Local Law Enforcement Agencies, 2008. Washington, DC: BLS, 2011. PDF file.