Lea2 Module

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 13

LEA 2 : COMPARATIVE MODELS IN POLICING POLICE

INSTRUCTOR: MS. KRYSTLE JOY R. JANDULONG

POLICE
- refers to a body of civil authority, which is tasked to maintain peace and order, enforce the law, protect lived and properties
and ensure public safety.

Etymology of the word "Police"

Politeia- greek word which means government of the city


Politia- Roman word which means condition of the state or government.
Police- French word which was later adopted by the English speaking countries.

Organization- a group of persons working together for a common goal or objectives.


- a form of human association for the attainment of a goal or objectives.

Police Organization- a group of trained personnel in the field of public safety administration engaged in the achievement of
goals and objectives that promotes the maintenance of peace and order, protection of life and property, enforcement of the
laws and the prevention of crimes.

Law Enforcement Agency- pertains to an organization responsible for enforcing the law.
-collective term for professionals who are dedicated to upholding and enforcing the laws and statutes that are currently in
force in a given jurisdiction.

Philippine Policing System


A. During the Spanish Regime
Maintenance of law and order is a part of the military system for the defense of the colony. Locally organized police forces
although performing civil duties is a direct adjunct of the colonial military establishments (policemen in appearance yet
colonial soldiers in the ultimate sense.)

POLICE FUNCTION
a. Suppression of brigandage by patrolling unsettled areas:
b. Detection of local or petty uprising by spyinh upon the work and movements of the people: and
c. The enforcement tax collection including church revenues.

COMPARATIVE
- is the degree of likeness and unlikeness of two police models

SYSTEM
INSTRUCTOR: JANDULONG, KRYSTLE JOY RECTO
- is a complex whole consisting of interdependent parts whose operations are directed towards goals and which are
influenced by the environment within which they function.

Different Policing System


1. Community Oriented Policing System
- focuses in enhancing the trust of the public in the police and other law enforcement agencies.

COMMUNITY
- oriented policing not only strengthens the bond between police and the community but also enhances the public
confidence and community cooperation and effectiveness and eficiency of police and other law enforcement agencies to
protect life, properties and human rights.

Basic Principle/ Foundation of COPS

1. Democracy - Philippines is a democratic and republic state.


It is imperative for the people to participate in and support the processes, programs and activities of the government to
attain SUMMUM BONUM or the greatest good for the greatest number of our people.

2. Criminal Justice
- a machinery used by a democratic government to protect the society against crime and disorder.

3. Who are the Police


- according to Robert Peel, " The police are the Public and the Public are the Police"

4. People's Power
- the greates source of power to wage war against crime and other threats to society lies among the people.

CONCEPT OF COPS

COPS is a philosophy of full service, personalized policing where the same patrol officers works in the same area on a
permanent basis, drom a decentralized place, working in a proactive partnership with the citizens to identify and solve
problems.

ELEMENTS OF COPS

1. Philosophy- the present and future crime and other disorder requires the police to provide full service policing and
problem solving with the active participation and support of the community.
2. Personalized- officers should have person to person contract with the members of the community.
3. Patrol- officers must work and patrol their defined beat or AOR as often as possible.

INSTRUCTOR: JANDULONG, KRYSTLE JOY RECTO


4. Permanent- officers should be assigned permanently fir atleast 18months to defined beat.

5. Place- the AOR should be divided/sectorized into dintinct neighborhoods in urban areas and clusters of barangays in
rural areas.

6. Proactive- shall have proactive focus of pre-empting, preventing, suppressing, and deterring crimes. Anticipate or at least
detect as early as possible the occurrence of crimes.

7. Policing- provide full service policing in the community.

8. Problem Solving- includes those abets or serves as breeding grounds of crime.

9. Partnership- establish community partnership.

COMMUNITY POLICING
GOAL:
*Solve problems- improved relations with citizens is a welcome by-product.
*Line Function: Regular contract of ofdice with citizens.
*Citizens nominate problems and cooperate in setting police agenda.
*Police accountability is insured by the citizens receiving the service.
*Meaningful organizational change and departmental restructuring, ranging from officer selection to training, evaluation and
promotion.
*A department-widr philosophy and acceptance.
*Influence is from "the bottom up" Citizens receiving service help set priorities and influence police policy.
*Officer is continually accessiblr in person o by telephone recorder in a decentralized office.
*Officer encourages citizens to solve many of their own problems and volunteer to assist neighbors.
Success is determined by the reduction in citizen fear, neighborhood disorder, and crime.

POLICE-COMMUNITY RELATIONS
GOAL:
*Change attitudes and project positive image-improved relations with citizens is main focus.
*Staff Function: Irregular contact of officer with citizens.
*Blue Ribbon" committees identify the problems and preach" to police.
*Police accountability is insured by civilian review boards and formal police supervision.
*Traditional organizational stays intact with "new programs periodically added, no fundamental organizational change.
*Isolated acceptance often localized to PCR Unit.
*Influence is from "the top down" - those who know best" have input and make decisions.
INSTRUCTOR: JANDULONG, KRYSTLE JOY RECTO
*Intermittent contract with the public because of city wide responsibility central headquarters.

*Citizens ate encouraged to volunteer but are told to request and expect more government (including law enforcement)
services.

Sucess is determined by traditional measures. i.e crime rates and citizen satisfaction with the police.

BROKEN WINDOW THEORY


-The term "Broken Windows"comes from the metaphor used to describe this concept: " If a window is broken and left
unrepaired, people walking by will conclude that no one cares and no one is in charge. The idea is that people-specifically
potential criminals-take cues from their surroundings based on what they saw. If the community is well-protected and
maintained, people would be less likely to commit crime.

Problem-oriented policing- This is an approach to policing in which discrete pieces of police business (each consisting of a
cluster of similar incidents, whether crime or acts of disorder, that the police are expected to handle) are subject to
microscopic examinatipn (drawing on the especially honed skills of crime analysts and the acgumulated experience of
operating field personnel) in hopes that whst is freshly learned about each problem will lead to discovering a new and more
effective strategy for dealing with it.

THE KEY ELEMENTS OF PROBLEM-ORIENTED PILICING

1. A problem is the basic unit of police work rather than a crime, a case, calls, or incidents.
2. A problem is something that concern of causes harm to citizens, not judt the police.

3. Addressing problems menas more than quick fixes: it means dealing with conditions that create problems.

4. Police Officers must routinely and sytematically analyze problems before trying to solve them. just as they routinely and
systematically investigate crimes before making an arrest.

5. The analysis of problems must be thorough even though it may not need to be complicated.

6. Problems must be described precisely and accurately and broken down into specific aspects of the problem. Problems
often are not what they first appear to be.

7. Problems must be understood in terms of the various interests at stake. Individuals and groups of people are affected in
different ways by a problem and have different ideas about what should be done about the problem.

8. The way the problem is currently being handled must be understlid and the limits of effectiveness must be openly
acknowledged in order to come up with a better response.

INSTRUCTOR: JANDULONG, KRYSTLE JOY RECTO


9. Initially, sny and all possible responses to a problem should be considered so as not to cut short potentially effective
responses.

10. The police must pro-actively try to solve problems rather than just react to the harmful consequences of problems.

11. The police department must increase police officers' freedom to make or participate in important decisions. At the same
time, officers must be accountable for their decision-making.

PULLING LEVERS POLICING - in its simplest form, the approach consists of:
1. Selecting a particular crime problem such gang homicide: convening an inter-agency working group of law enforcement
prosecution other justice agency officials, local government, social service, a community-based practitioners:

2. Conducting research to identify key offenders, groups, and behavior patterns:


3. Framing a response to offenders and groups of offenders that you are varied menu of sanctions to stop them from
continuing their violent behavior.
4. Focusing social services community resources on targeted offenders and groups to match law enforcement prevention
efforts.
5. Directly abd repeatedly cummunicating with offenders to make them understand why they are receiving this special
attetion.

6. Third Party Policing- describes police efforts to pursuade or coerce third parties, such as landlords, parents, local
government and other regulators,and business owners, to take some responsibility for preventing crime or reducing crime
problems. Prosecutors, individual citizen, community groups and regulatory agencies are all potential initiators of third party
crime control practices.

7. Hot Spot Policing- is a popular policing strategy thst addresses crime by assigning police resources to areas where
crimes are more highly concentrated.

8. Compstat Policing- short for "Conputer Conparison Statistics" is a multifaceted system of managing police operations. It
is a strategic control system" designed for the collection and feedback of information on crime and related quality of life
issues. The CompStst process can br summarized in one simple statement: Collect, analyze, and map crime data and other
essential police performance measures on a regular basis, and hold police managers accountable for their performance as
measured by these data.

9. Evidence-Based Policing (EBP)- means that the best available evidence is used to inform and challenge policing
policies, practices and decisions.
The concept of evidence-based policing simply says that police practices should be based upon scientific evidence about
what works best. It suggests that best evidence should be used to guide practice and evaluate the police.

It is simply the routine and systematic application of the best available knowledge in order to identify and choose the
optomal approach in policy, management, and other applied settings.

INSTRUCTOR: JANDULONG, KRYSTLE JOY RECTO


10. Neighborhood Policing- is designed to improve communication and collaboration between community residents and
police officers while continuing to enhance their crime fighting capabilities. Police officers work in the same neighborhoods
during the same shifts, increasing their familiarity with the local community and local issues.
During their shifts, officers are given off-radio to engage with neighborhood residents, identify problems, and work toward
solutions. The steady geographic assignments and time away from dispatched calls for service help officers build
relationships and foster community engagement.

GLOBALIZATION- The process of crating transnational markets, politics, and legal systems in an effort to form and sustain
a global economy. It is a package of transnational flows of people, production, investment, information, ideas and authority.

EFFECTS OF GLOBALIZATION to Law Enforcement


- law enforcers are expected to be the protector of the people.... unaccountable flow of migration and open markets present
new threats to state-based human rights regimes- great challege to law enforcement.

Threats to Law Enforcement


- increasing volume of human rights violations as evidence by genocide snd mass killing
- conflict between nations
-Transnational criminal networks for drig trafficking, money laudering, terrorism.

TYPES OF POLICE SYSTEM


1. Common Law System- 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

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"

3. Socialist System= distinguished by procedures designed to rehabilitate the offender.


= also known as Marxist-Leninist Justice and exist in places such as Africa and Asia.

4. Islamic System= based more on the concept of natural justice or customary law or tribal traditions.

THEORIES OF POLICE SERVICE

1. Continental- is the theory of police service which maintains that police officers are servants of higher authorities. This
theory prevails in the continental countries like France, Italy and Spain.

2. Home Rule- the theory of police service which states that police officers are servants of the community or the people.
This theory prevails in England and United States.
INSTRUCTOR: JANDULONG, KRYSTLE JOY RECTO
CONCEPT OF POLICE SERVICE
1. Old Police Service- states that the yardstick of police efficiency relies on the number of arrest made.
2. Modern Police Service- states that the yardstick of police efficiency relies on the absence of crime.

EVOLUTION OF POLICING SYSTEM

Praetorian guards- military bodies who serve as guardians of peace in acienr Rome in which the idea of policing said to
have originated

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

1. Anglo-Saxon Period of Policing System (Ancient England)


A. Tun Policing System
A system of policing emerged during the Anglo-Saxon period whereby all male residents were required to guard the town
(tun) to preserve peace and protect the lives and properties of the people.

About 700 AD, the people living in England is small rural towns used the Anglo-Saxon System. Ten families ina town (tun)
equaled a tithing elected a leader who was known as the Tithingman. Since 10 tithings amounted to 1p0, the leader of the
100 families was named the reeve. Both the tithingman and reeve were elected officials. They possessed judicial power as
well as police authority.

B. Hue and Cry


A village law started in Britain which provided methods of apprehending a criminal by an acr of the complainant to shout to
call all male residents to assemble and arrest the suspect.

C. Trial by Ordeal
A judicial practice where in the guilt or innocence of the accused is determined by subjecting him to an unpleasant, usually
dangerous, experience. (In present terminologies, it would mean an employment of a 3rd degree) The word "ordeal" was
derived from the Medieval Latin word "Dei Indicum" whixh means " a miraculous decision"

2. Norman Period of Policing System


This system of policing existed during the time of Norman William The Conqueror (King of France). When he invaded and
conquered England, a military regime of conquers and dictators began and changed the concept of crime being committed
against the state.

A. Shire-Rieve
Shire-Rieve was a policing System during the Norman Period when England was divided into fifty-five (55) military areas,
each headed by a ruler called the Rieve (head-man or lieutenant of the army). The fifty-five (55) military divisions in England
are called shires. The shire-rieve had absolute powers that no one could questions his or her actions.

INSTRUCTOR: JANDULONG, KRYSTLE JOY RECTO


Two" Constabuli" or The Keeper of the Horse" were appointed to each village to aid the Rieve in his duties. It became the
source of the word Constable.

The term "Shire-Rieve is said to be the origin of the word "sheriff"

TRAVELLING JUDGE OR CIRCUIT JUDGE

- A judge selected to hear cases which were formerly being judged by the Shire-Rieve and tasked to travel through
and hear criminal cases. This was the first instance of the division of the police and judicial powers.

LEGIS HENRICI

- An act that was enacted during this period with following features:
- Offenses were classified as against the king and individuals
- The police and the citizens have the broad power to arrest. It introduced the system called “citizen arrest”
- Grand Jury was created to inquire on the facts of the law. A system which made inquisition onto the facts of a crime
and eliminate the “Anglo-Saxon Trial or trial by ordeal system.

Frankpledge System
A system of policing whereby a group of ten neighboring male residents to guard the town to preserve peace and protect
the lives and properties of the police.

Westminster Period of Policing System


INSTRUCTOR: JANDULONG, KRYSTLE JOY RECTO
It is called by this name because the laws governing policing came out of the capital of England, which at the time was
Westminster. This period has the following features.
Guards were appointed and the duties of the constables at night (watch) and in daytime (ward) were defined.
Statute of Westminster of 1285, a collection of regulations aimed at keeping the peace.

Statute of 1295
The law that marks the beginning of the curfew hours which demanded the closing of the gates of London during sundown.

Justice of Peace (about 1361)


Three or four men who were learned in the law of the land were given authority to pursue, arrest, chastise and
imprisonment violators of law. They handled felonies, misdemeanors and infractions of city or village ordinances. This
was later abolished about 75 year after.

Star Chamber Court (1487)


A special court designed to try offenders against state. The room set-up is formed in a shape of a star and judges were
given great powers such as the power to force testimony from a defendant leading to a great abuse of power or brutality on
the part of the judges.

Keepers of the Peace


A proclamation issued King Richard of England sometime in 1195 that required the appointment of knights to keep the
King’s peace by standing as guards on bridges and gates while checking the people entering and leaving the cities and
towns.

King Charles II of England (1663)


Passed an act which established or promoted the employment of watchmen or bellmen to be on duty from sunset to
sunrise.

Magna Carta or The Great Charter


A law promulgated by King John of England upon the demand of the Knights of the Round Table forcing the King to sign the
same with the following features:

- No freeman shall be taken, imprisoned, banished or exiled except by legal judgement of his peers.
- No person shall be tried for murder unless there is proof of the body of the victim.

LONDON POLICING PRIOR TO 1829


HENRY FIELDING- appointed as Magistrate in 1748, introduced the first detective force, known as the Bow Street Runners.

Bow Street Runners

- A group of men organized by Henry Fielding and named by his brother John Fielding task to catch thieves and
robbers.
- Identified by carrying a Tipstaff with the Royal Crown
INSTRUCTOR: JANDULONG, KRYSTLE JOY RECTO
- Made up of eight constable who also investigated crimes handed over to them by the volunteer constable and
watchmen.

1798- Marine Police Force was established, salaried constable were being paid by local magistrates. Preventing the theft
of cargo- widely regarded as being the first modern police force in the world, in the sense that they were not government
controlled and were responsible for the prevention of crime.

LONDON 1829
Sir ROBERT PEEL- appointed as HOME SECRETARY in 1822

METROPOLITAN POLICE FORCE (MPF) - organized in 1829 by Sir Robert Peel under the Metropolitan Police Act of 1829

- The largest of the police services that operate in greater London (the others include the City of London Police and
the British Transport Police)
- Finest police force around the world.

Total Policing- motto of London Metropolitan Police

IMPORTANT DATES
1833- Cold bath fields Riot (grays Inn road). A major crowd disturbance dealt with by the Metropolitan Police with
controversial use of force.
1836- The metropolitan police absorb the Bow street horse Patrol into its control.
1838- Incorporates Marine Police and Bow Street Runners into Metropolitan Police and the disbandment of the Bow Street
Office and other Offices. These where all agreed and put into effect.

SUPERVISION AND ADMINISTRATION OF MPF


1. The Metropolitan Police Authority (MPA) was the police authority responsible for supervising the Metropolitan Police
Service, the police force for Greater London. It consisted of 23 members: 12 London assembly members, appointed
by the Mayor of London in accordance with the political balance on the assembly, four migrates and seven
independents. The MPA was set up in 2000 as a functional body of the Greater London Authority, by the Greater
London Authority Act 1999. Previously control of the Metropolitan Police had vested entirely in the Home Secretary.
2. The MPA was disbanded on 16 th January 2012 when the functions of the MPA were transferred to the Mayor’s
Office for Policing and Crime. (MOPC)

MPF age criteria


As of 1 October 2006, the age criteria (at the time of application) is as follow:

- 18-62 ½ years old- police community support officer


- 18-57 years old- special constables
- 18-57 years old- new constables and experience officer
- Police Staff- 16 years, except where the role involves shift work where the minimum age will be 18 years.
- Volunteers – 18+

INSTRUCTOR: JANDULONG, KRYSTLE JOY RECTO


UNITED STATES POLICE SYSTEM
TYPES OF US POLICE
1. Municipal Police- include village, township, and city and country police department, sheriff departments.

TYPES OF LOCAL POLICE


1. Country Sheriff- in charged with operation of the country jail, civil function such as service eviction notices and
other courts orders and police responsibility.
2. City Police- most common local police organization. It has jurisdiction in matters that occur in an incorporated
municipality.
3. State Police- includes Special investigative agencies that concentrate on statewide law enforcement. Also tasked
of regulating traffic and maintaining order and safety on state and federal highways.
4. Federal Police- agencies operated by federal government at the national level.

Some Federal Agencies having Police Functions


a. Protection of life, property and enforcement of Penal Statutes
1. Federal Bureau of Investigation (Department of Justice)= investigates all violations of federal law except when the
enforcement authority was given to other specific federal agency
2. United States Secret Service (Department of Treasury)- concerned with investigation of counterfeiting, forging or
altering of any of the money or other securities of the U.S. it is also in charge of the protection of the president and
his family, and of the executive mansion grounds
3. Bureau of Narcotics (Department of Treasury)- investigates all violations of federal law relating to prohibited drugs
4. Immigration and Naturalization Service (Department of Justice)- investigates all violations of immigration and
naturalization law, patrol boarders to prevent surreptitious entry of aliens

Protection of National Revenue


1. Intelligence Unit of the Bureau of Internal Revenue- investigation of violations of income tax laws
2. Alcohol Tax Unit of the Bureau of Internal Revenue- violations of internal revenue laws.
3. Division of Investigation and Patrol, Bureau of Custom- investigates smuggling activities and enforces customs and
navigation laws.
4. Private Police- additional police protection made by employing sworn officers through contract when they are not
officially on duty.
Two Basic Forms of Private Police
a. Propriety Police- when a person wishes to receive service, he hires and security personnel directly
b. Contract Security- services of an independent security company.

SELECTED U.S POLICE AGENCIES


· New York City- it is where the first full time police force was organized in the United States
· New York Police Department- the largest police force in the United States.
· Texas Ranger- police force originally created in response to colonization
· Boston Police Department- first local modern police department established in the United States
· Pennsylvania State Police- the first state police agency established
· Los Angeles Police Department- police force that hired the first female police officer named, Alice Stebbins Wells.
· Department of Homeland Security- a federal law enforcement agency in the United States which handles U.S
Customs and Border Protector, Immigration and Customs Enforcement, United States Secret Services, United
States Coast Guard and Transportation Security Administration

CANADA POLICE SYSTEM

INSTRUCTOR: JANDULONG, KRYSTLE JOY RECTO


Royal Canadian Mounted Police (RCMP) - colloquially known as Mounties and internally as “The Force”- is the national
police force of Canada and one of the most recognized of its kind in the world being a national, federal, provincial and
municipal policing body. It is founded in 1920 by the Merger of Royal Northwest Mounted Police (1873) with the Dominion
Police (1863)

AUSTRALIA POLICE SYSTEM


Austrian Federal Police- a progressive and multi-faceted law enforcement organization, taking strong lead in the fight
against 21st century crime.

JAPAN POLICE SYSYTEM


Keihoryo (Police Bureau within Ministry of Home affairs to 1945)
Japanese Colonial Government- the one which organized the first formal policing in China.
Japanese Yakuza- considered as the center of Asian organized crime action.

OUTLINE OF PRESENT POLICE ORGANIZATION


A. National Level
1. National Public Safety Commission (NPSC)- an administrative board under the jurisdiction of the Prime Minister. It
is composed of Chairman and five members, serving five year term, who are appointed by the Prime Minister.
The Chairman is the State Minister, who convenes the commission and presides over its matters, but is not a member.

The NPSC controls the National Police Agency (NPA) with respect to:
a. Police training
b. Communications
c. Criminal statistics
d. Equipment
e. Other police administration and
f. Matters of police operations affecting national public safety.

The NPSC has the power to appoint or dismiss the Commissioner- General of the National Police Agency with the approval
of the Prime Minister.

Appointments and dismissals of Chiefs of Prefectural Police Headquarters are also made by the NPSC with the consent of
the Prefectural Public Safety Commission.

For the Chief (superintendent- General) of the Tokyo Metropolitan Police Department, the further approval of the Prime
Minister and the consent of the Tokyo Metropolitan Public Safety Commission are required.

2. NATIONAL POLICE AGENCY (NPA)


- Established under the control of the National Public Safety Commission headed by a Commissioner-General. It is
made up of Commissioner- General's Secretariat and Five Bureaus:
a. COMMUNITY SAFETY BUREAU
b. CRIMINAL INVSTIGATION BUREAU
INSTRUCTOR: JANDULONG, KRYSTLE JOY RECTO
c. TRAFFIC BUREAU
d. SECURITY BUREAU
e. INFO-COMMUNICATIONS BUREAU

ATTACHED AGENCY OF THE NPA


a. National Police Academy- provides training to police officers and conduct academic research
b. National research Institute of the Police Science- conducts research in police service.
c. Imperial Guards- provides escort to the Emperor, Empress, Crown Prince and other Imperial family.
- Responsible for the security of Imperial Palace.

NPA Regional Bureaus- exercise control and supervision over regional police offices and provides support with the
prefectural police.
There are seven (7) Regional Police Bureaus established as local police officers of the NPA whose jurisdiction extends to all
districts except in the areas of Tokyo Prefecture and Hkkaido.

B. Prefecture level (local)


1. Prefectural Public Safety Commission (PPSC) - established under the jurisdiction of the respective Prefectural
Governors, it controls the Prefectural Police in its respective jurisdiction.
The PPSC may, when necessary, submit recommendations to the NPSC with respect the dismissal of disciplinary action
against the Chief of a Prefectural Police Headquarters.

2. Prefectural Police- jurisdiction is generally confined in their respective prefectures.


There are 47 Prefectural Police Departments in Japan. The largest is the Tokyo Metropolitan Police Department, and the
next is the Osaka Police Headquarters.

SUPERINTENDENT-GENERAL- head of the Tokyo Metropolitan Police Department.

RANK STRUCTURE AND CORRESPONDING POSITION OF NPA

- Commission General- the chief of National Police Agency


- Superintendent General- the chief Metropolitan Police Department
- Superintendent Supervisor- Deputy Commissioner General, deputy Superintendent General the Chief of Regional
Police Bureau, the chief of Prefectural Police Headquarters.
- Chief Superintendent- the chief of prefectural police headquarters
- Senior Superintendent- the chief of Police Station
- Superintendent- the chief of Police Station
- Police Inspector or Captain
- Assistant Police Inspector or Lieutenant
- Police Sergeant
- Senior police Officer or Corporal- Honorary Rank
- Police officer, old Patrolman.

INSTRUCTOR: JANDULONG, KRYSTLE JOY RECTO

You might also like