Comparative Models in Policing - Introductory Part

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LESSON #1: Theories of Comparative Policing

Introduction

Theories of policing, (comparative policing) largely comparative in nature, seek to


explain why policing systems differ widely in their organization, the powers and authority
granted them, the roles and tasks they are entrusted with, the occupational cultures that
characterized their work, their interactions with civic society and the state, the quality
and effectiveness of their work, the extent of entanglements in the political life of their
societies, and their capacity to shape the dominant ideologies of policing that, in turn,
define for themselves and for society what constitutes good policing. In addition, as an
underlying subtext, theories include a normative element by linking the basic
purposes and historical developments of policing to hegemonic notions of social
control and social order and ideologies of justice in a society.

Terms to Fonder:

 Comparative Models in Policing It is the science and art of investigating and


comparing the police system of nations. It covers the study of police organizations,
training and methods of policing of various nations.

 International Criminal Justice It involves the study and description of one country’s
law, criminal procedure or justice process.

 Comparative Criminal Justice It is a subfield of the study of criminal justice that


compares systems worldwide. Such study can take a descriptive, historical, or political
approach. It studies the difference and similarities in the structures, goals, punishment,
and emphasis on rights as well as the history and political structure of different
system.

 Transnational Policing It pertains to all forms of policing that transgress national


boarders.

 International Policing It indicates to those types of policing that are formally directed
by institutions usually responsible for international affairs.

 Global Policing It indicates those forms of policing that are fully global in scope.
Globalization A process of interaction and integration among the people,
companies, and governments of different nations, a process driven by
international trade and investment and aided by information technology.

What is Policing?

 The activities carried out by police officers in order to preserve law and order
the policing of public places.

 The actions of a person or group in authority in order to ensure fairness and legality in
an area of public life

Theories of Comparative Policing According to Scheider (2001), the various theories


that exist with empirical support are the following theories of comparative
criminology:

1. Alertness to crime theory  Is that as a nation develops, people’s alertness to


crime is heightened, so they report more crime to police and also demand the police
become more effective at solving crime problems.

2. Economic or migration theory  Is that crime everywhere is the result of


unrestrained migration and overpopulation in urban areas such as ghettos and slums.

3. Opportunity theory  Is that along with higher standards of living, victims


become more careless of their belongings, and opportunities for committing crime
multiply.

4. Demographic theory  Is based on the event of when a greater number of children


are being born, because as these baby booms grow up, delinquent subcultures
develop out of the adolescent identity crisis.

5. Deprivation theory  Holds that progress comes along with rising expectations,
and people at the bottom develop unrealistic expectations while people at the top
don’t see themselves rising fast enough.

6. Modernization theory  Sees the problem as society becoming too complex.


7. Theory of anomie and synomie  (The latter being a term referring to social
cohesion on values), suggests that progressive lifestyle ad norms result in the
disintegration of older norms that once held people together (anomie). o Anomie comes
from the Greek anomos meaning "lawless”. Anomie means a lack of moral standards,
or a sense of lawlessness, or sometimes the anxiety that comes from being in a
lawless place.

FAQS:

1. What is the purpose of the police?

Police, body of officers representing the civil authority of government. Police


typically are responsible for maintaining public order and safety, enforcing the law, and
preventing, detecting, and investigating criminal activities. These functions are known
as policing.

2. Why community policing so important?

Community Policing brings police and citizens together to prevent crime and
solve neighborhood problems. Community policing means police become part of the
neighborhood. This helps police get a better sense of resident’s needs and helps
residents to develop greater trust in the police.

LESSON #2: Policing Models and Basic Goals of Policing

Policing is one of the most important of the functions undertaken by every sovereign
government. For the state machinery:

 Police are an inevitable organ which would ensure maintenance of law and order, and
also the first link in the criminal justice system. On the other hand, for the common
man,

 Police Force is a symbol of brute force of authority and at the same time, the
protector from crime. Police men get a corporate identity from the uniform they
wear; the common man identifies, distinguishes and awes him on account of the
same uniform.

The police system across the world have developed on a socio-cultural background,
and for this reason alone huge differences exist between these police systems.

Basic Goals of Policing

 Enforce laws (by discovering, deterring, rehabilitating, or punishing people who


violate the rules and norms governing that society)

 Preserve peace (maintaining the tranquility enjoyed by members of a community


where good order reigns)

 Prevent Crimes

1. Reducing the Means. Removing items that may help commit an offense.

2. Surveillance

3. Access Control

 Protect civil rights, liberties (Due Process Clause, and Equal Protection Clause)

 Provide services (Emergency response, Assistance to victims of crime)

Different Models of Policing

The organization of police in different countries is primarily rooted on the socio-cultural


and historical background of the country. For example, in the UK which has a
long tradition of parliamentary democracy, policing works on the principle of
consent by the population, whereas in most other countries, policing power is
vested in the state by law. As such the police organizations have nothing in common in
many countries except their basic goals (in some jurisdictions even these goals
do not match). However, criminologists have tried to bring out common features
in police structures would over on the basis of certain features, the most prominent of
them being the command architecture.
1. Classification based on legitimacy or legal backing of police function.

 Policing by consent (It should be noted that it refers to the power of the police coming
from the common consent of the public, public co-operation with the police, induced by
them designedly by behaviour which secures and maintains for them the
approval, respect and affection of the public.)

 Policing by law

2. Classification based on Command structure

 Centralized (organizations, primary decisions are made by the person or persons at


the top of the organization)

Decentralized (organizations delegate decision-making authority throughout the


organization)

 Single/Singular (one person coordinates the incident. It is most useful in smaller,


single-jurisdictional incidents) In this model classification is based on two dimensions:

A. Number of forces to be commanded:

 Singular Model: If the entire police force in the country is organized as a


single force under a single commander. o Saudi Arabia is a typical model of
centralized coordinated police force with a singular line of command emanating from
the King, The Police known as Public Security police is responsible for general
policing throughout the country and derives its authority from Executive Orders and
the Shariah. o China is another model of Singular Coordinated Centralized police
force. The Ministry of Public Security (MPS) is a functional organization under
the State Council in charge of public security work nationwide
 Multiple Model: If in a single country, there are a number of police forces, like in India.
o Multiple Coordinated: If the police forces have well defined territories of
functioning and their functions do not overlap each other. o Multiple Uncoordinated, if
the case is reversed as in India, where many agencies can have overlapping
jurisdictions. o

France is a typical example of a police force with Multiple Coordinated


centralized force. France has two national law enforcement agencies:

 Police Nationale, formerly called the Sûreté- a civilian force; primary


responsibility in urban areas.

 Gendarmerie Nationale is primary responsibility in rural area.

B. Type of forces:

 Coordinated Centralized: If the police forces in a country is highly organized and


having a centralized command police force.

 Decentralized Command Structure: If the police forces in a country do not


have an apparent centralized command structure.

FAQS:

1. What are the 3 styles of policing? The three distinctive styles of policing: The
legalistic, the watchman, and the service styles. Police agencies with a legalistic
orientation focused strictly on law enforcement activities, whereas those with a
service style focused on providing needed services to residents and business
owners.

2. What are the 6 Pillars of Policing?

To that end, youth-focused policing can employ the six pillars framework used by the
task force  Building Trust and Legitimacy  Policy and Oversight  Technology and
Social Media  Community Policing and Crime Reduction  Training and Education
LESSON #4: Policing in a Multicultural Society Introduction At the turn of the century,
multicultural communities are a growing phenomenon globally and in many cities
throughout the United States. The world has witnessed increasing transitional migration
of large groups of people due to a variety of factors worldwide. This movement has
resulted in charges in the ethnic and cultural makeup of communities that are the
destinations and sources of the migration. These changes present challenges for
criminal justice practitioners and policymakers in the affected communities. For
example, some cultures will allow only women to be questioned by female police
officer. A male may refuse to cooperate with a female police officer. Men from some
cultures carry a ceremonial dagger next to their skin, which they would be reluctant to
remove. Communications may be a problem, as not everyone speaks the same
language. Poor language skills and a lack of cultural sensitivity may lead to
unintended violence. Cooperation with law enforcement officers within ethnically
homogenous neighborhoods may not be forthcoming. Recruitment and retention
of an ethnically a diverse police force is both a challenge and a necessity. Failure to
address the challenges of policing in a multicultural society can result in
misunderstandings, alienation, civil unrest, and violence.

What is Multicultural Policing?

 It is a type of policing that addresses problems concerning cultural relations, to


mitigate acts of discrimination and improve police officers’ understanding of racial
and ethnic diversity in the communities they serve.

The following are the four types of multicultural societies in the world that comparatists
study:

1. Folk-communal societies

 A folk-communal society has little codification law, no specification among police, and
a system of punishment that just lets things go for a while without attention until
things become too much, and then harsh, barbatic punishment is resorted to.
 Classic examples, include the early Roman gentles, African and Middle Eastern
tribes, and Puritan settlements in North America (with the Salem “witch trials”).

 Are also called primitive societies

 Are often seen as primitive and barbaric, they have little specialization among
law enforcers, and let many problems go unpunished to avoid over-criminalization
however, once tempers “boil over” and the situation becomes a larger issue, harsh and
unusual punishment may be administered.

 Examples are African or Middle Eastern Tribes, or early puritan settlements of


America.

2. Urban-commercial societies

 Which rely on trade as the essence of their market system.

 An urban-commercial society has civil law (some standards and customs are
written down), specialized police forces (some for religious offenses, others for
enforcing the King’s Law), and punishment is inconsistent, sometimes harsh,
sometimes lenient.

 Most of Continental Europe developed along this path.

3. Urban-industrial societies

 Which produce most of the goods and services they need without government
interference.

 An urban-industrial society not only has codified (statutes that prohibit) but
laws that prescribe good behavior, police become specialized in how to handle
property crimes, and the system of punishment is run on market principles of
creating incentives and disincentives.

 England and the US followed this positive legal path.

4. Bureaucratic societies
 Are modern post-industrial societies where the emphasis is upon technique of
the “technologizing” of everything, with the government.

 A bureaucratic society has a system of laws (along with armies of lawyers), police
who tend to keep busy handling political crime and terrorism, and a system of
punishment characterized by over criminalization and overcrowding.

 The US and perhaps only eight other nations fit the bureaucratic pattern. o Juvenile
delinquency is a phenomenon that only occurs in a bureaucratic society.

 Are today’s modern society. They feature fully developed laws, lawyers, and
police forces trained for multiple types of crime.

FAQS:

1. What are the 3 Eras of Policing?

Different means, methods, and approaches used by law enforcement agencies to tackle
issues of crime. There are three commonly acknowledged eras of policing: The
Political Era, The Professional/Reform Era, and The Community Policing Era.

2. Why does society have a strong reliance on law enforcement?

The purpose of law enforcement in a free society is to promote public safety and uphold
the rule of law so that individual liberty may flourish. Trust and accountability between
law enforcement and the communities they are sworn to protect is essential to
advancing these goals.

LESSON #5:

Comparative Study of Police System

What is the police?

 The government department charged with the regulation and control of the
affairs of a community, now chiefly the department established to maintain order,
enforce the law, and prevent and detect crime. (French word) o The term Police was
derived from the Roman word politia which means “the condition of a State, government
and administration” o Politia originated from the Greek word politeia which means
“a group of persons that governs a city. o It was the French who translated the word
politia to police to refer to a “law enforcement”.

What are the fundamental theories of police service?

1. Continental Theory

 Policemen are considered as servants of higher authorities and the police have little
or no share at all in their duties nor have any direct connection with them.

2. Home Rule Theory

 Policemen are considered as servants of the community, who depend on their


effectiveness in performing their functions.

NOTE: The theory being observed in the Philippines is the Home Rule Theory.

What are the fundamental concepts concerning Police Service?

 Old Concept Under this concept the public look at policemen to be more effective if
they conduct numerous arrests and put behind bars what they have arrested.

 Modern Concept The public look at policemen as more effective in the absence of
crime.

What is comparative?  An estimate of relative likeness or unlikeness of two objects or


event.

What is the Comparative Police System?

 It is the science and art of investigating and comparing the police system of nations.

 It covers the study of police organizations, training and methods of policing of various
nations.
What is meant by model system?

 Model system is used to describe the countries being used as topics of


discussion. These countries are chosen not because they are greater than others but
because they are the focus of comparison being studied.

Types of Policing System

1. Common Law Systems

 Usually exists in English speaking countries of the world. There is strong adversarial
system and rely upon oral system of evidence in which the public trial is a main focal
point.

 Also known as Anglo-American Justice o Adversarial System is a legal system used


in the common law countries where two advocates represent their parties' case or
position before an impartial person or group of people, usually a judge or jury, who
attempt to determine the truth and pass judgment accordingly.

2. Civil Law Systems

 Distinguished by strong inquisitorial system where less right is granted to the


accused and the written law is taken as gospel and subject to little interpretation

 Also known as Continental Justice or Romano-Germanic Justice o Inquisitorial


System is a legal system in which the court, or a part of the court, is actively involved in
investigating the facts of the case.

3. Socialist System

 Distinguished by procedures designed to rehabilitate the offender

 Known as Marxist-Leninist Justice and exist in places such as Africa and Asia

 Focused on odd rehabilitation of the offender.

4. Islamic System

 Based more on the concept of natural justice or customary law or tribal traditions.
FAQS:

1. What is the comparative criminal justice system?

Comparative Criminal Justice System is a subfield of the study of Criminal


Justice that compares justice systems worldwide. They use their information in order to
learn effective ways of enforcing laws, and to identify and solve problems that may arise
within a system due to its methods.

2. What countries adhere to civil law?

France and Germany are two examples of countries with a civil law system.
Common law systems, while they often have statutes, rely more on precedent,
judicial decisions that have already been made.

POSSIBLE QUESTIONS:

1. The law that marks the beginning of the curfew hours.  Statute of 1295

2. Medieval Latin word “Dei Indicum” which means?  A miraculous decision

3. What is the meaning of “Dura lex sed lex”?  The law is harsh, but it is the law

4. A proclamation issued by King Richard of England.  Titulus Regius

5. It introduced the system called citizen’s arrest.  Legis Henrici

6. A law promulgated by King John of England.  Magna Carta

7. A country that considered travel brochures in the world because as “no crime” and
they use the method of “iron fist or velvet gloves” to help the low class people in
their community. What country the statement refers to?  Switzerland

8. Crimes that taken place in one country, but their consequences significantly
cannot affect another country are considered transnational crimes?  False
(significantly can affect)
9. The French word Terrorisme turn derives from the Latin verb ‘terreo” means I
frighten. “Terrere” means?  To fright

10. Their activities are means of violence, fear, and intimidation. They are not motivated
by money but a political, their activities are shown to the media, and they have a favor
to the government.  Terrorism

11. The International Court of Justice also known as world court is one of the principal
organs of the UN which is located at?  New York City

12. Demographic Theory is that as a nation develops, people’s alertness to crime is


heightened.  False (alertness to crime theory)

13. Economic or migration theory is that crime everywhere is the result of restrained
migration and over population in urban areas such as ghettos and slums.  False
(result of unrestrained migration)

14. Alertness to crime theory is based on the event of when a greater number of
children are being born, because as these baby booms grow up, delinquent
subcultures develop out of the adolescent identity crisis.  False (demographic
theory)

15. If the entire police force in the country is organized as a single force under a single
commander, the model is called Multiple Model.  False (singular model)

16. If the case is reversed as in India, where many agencies can have overlapping
jurisdictions, it is called Multiple Models.  False (multiple uncoordinated)

17. If in a single country, there are a number of police forces, like in India. It is
called Multiple Uncoordinated.  False (multiple model)

18. If the entire police force in the country is not organized as a single force
under a single commander, the model is called Singular Model.  False (is organized)

19. These countries are chosen because they are greater than others but
because they are the focus of comparison being studied.  False (are chosen not
because)
20. Islamic System based more on the concept of justice or customary law or tribal
traditions.  False (concept of natural justice)

21. Comparative Police System it is the science comparing the police system of nations.
 False (is the science and art of investigating and comparing)

22. Comparative an estimate of relative likeness of unlikeness of one objects or event.


 False (two objects)

23. Socialist System distinguished by procedures designed to the offender.  False


(designed to rehabilitate)

24. Praetorian guards a military body who serve as watcher of peace in ancient
Francein which the idea of policing said to have originated.  False (ancient rome)

25. Shire-reeve was a policing system during Anglo-Saxon period when England was
divided into fifty-five military areas.  False (during the norman period)

26. Officer de la Paix a French term which claimed to be the origin of the term Police
Officer.  True

27. The term “shire-reeve” is said to be the origin of the word sheriff.  True

28. Frankpledge system of policing whereby a group of ten neighboring male


residents over ten years of age were required to guard the town to preserve
peace and protect the lives and properties of the people.  False (twelve years of
age)

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