Reviewer Lea 2

LEA 2
COMPARATIVE POLICE RESEARCH
Comparative research of law enforcement organization investigates various

issues, including the function and organization of police in different parts of
the world, police practices in different countries, and the cross-cultural use of
police strategies.
Continental European System
- Typically has a centralized military-like police force.
British System of Policing
- decentralized and operates closer to the community.
- also been most influential in shaping the organization of law enforcement in

the United States.
POLICING ACROSS NATIONAL BORDERS
This research has revealed that police officials often operate outside the
borders of their countries.
EFFECTS OF GLOBALIZATION IN LAW ENFORCEMENT
Every law enforcement agancy in the world is expected to be the protector of

the people’s rights.
LAW ENFORCEMENT IN A GLOBAL ARENA
Universal Declaration
- The creation of an international regime to enforce these UN

declarations, bills and other international standards.
THREATS ON LAW ENFORCEMENT
a. Increasing volume of human rights violation by genocide or mass killing;
b. Underprivileged gain unfair access to global mechanism on law

enforcement and security;
c. Conflict between nations;
d. Transnational criminal networks for drug trafficking, money laundering,

terrorism, etc.
OPPORTUNITIES FOR LAW ENFORCEMENT
a. Creation of International tribunals to deal with human rights problems
b. Humanitarian interventions that can promote universal norms and link

them with to the enforcement power of the states;
c. Transnational professional network and cooperation against transnational

crimes;
d. Global groups for conflict monitoring and coalition across transnational

issues.
EFFECTS OF GLOBALIZATION ON HUMAN RIGHTS
Depend on the type of state and its history.
CHALLENGES OF GLOBALIZATION IN THE FIELD OF LAW ENFORCEMENT
In the law enforcement and security sphere, states respond with increased
repression to fragmentation, transnationalized civil war, and uncontrolled
global flow such as migrants and drug trafficking.
THEORIES OF COMPARATIVE POLICING
1. Alert to crime theory. Is that as a nation develops, people’s alertness

to crime is heightened.
2. Economic or migration theory, is that crime everywhere result of
unrestrained migration and overpopulation in urban areas such as
ghettos and slums.
3. Opportunity theory, is that long with higher standards of living, victim
become more careless of their belongings, and opportunities for
committing crime multiply.
4. Demographic theory, is based on the events when a greater of children
are being born.
5. Deprivation theory, holds that progress come along with rising
expectations.
6. modernization theory, sees the problem as society becoming too
complex.
7. Theory of anomie and synomie (the latter being term referring to social
cohesion on values), suggest that progressive lifestyle and norms
result in the disintegration of older norms that once held people
together (anomie).
COMPARATIVE LAW ENFORCEMENT
1 – SOCIETAL TYPES OF POLICE SYSTEM
- Prescribe different perspective of police system which will match to

their interest and motivation.
A. Folk-communal society
- has little codification of law, no specialization among police, and a system

of punishment that just let things go for awhile without attention until things
becomes too much, and then harsh, barbaric punishment is resorted to.
b. Urban-commercial society
- has civil law (some standards and customs are written down), specialized
police forces (some for religious offices, others for enforcing the King’s law),
and punishment is inconsistent, sometimes harsh, sometimes lenient. Most
of the Continental Europe developed along this path.
c. Urban-industrialized society
- has codified laws (statutes that prohibited), but laws that prescribe good
behavior, police becomes specialized in how to handle property crimes, and
the system of punishment is run on market principles of creating of
insensitive and disincentives. England and US followed this positive legal
path.
D. 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 fith the
bureaucratic pattern. Juvenile delinquency is a phenomenon that only occurs
in bureaucratic society.
Some people also talk about a fifth type:
e. Post-modern society
- where the emphasis is upon the meaning of words and the deconstruction
of institutions.
VARIABLE AFFECTING SYSTEM COMPARISON ON POLICE SYSTEM
a. Comparativists romanticize the folk-communal society for its low crime

rate as well as as the way most quarrels and conflicts are settled
privately.
FOLK SOCIETIES – also known for “lumping it” — process of letting things go
on longer until it’s too much to tolerate anymore.
- they work very hard to avoid over criminalization common to modern

bureaucratic societies.
b. URBANIZATION or the process of internal migration from the country side

to the cities – the most studied variable in comparative police system and
criminal justices.
SUSPECTED THAT IT:
1. Dissolves family ties
2. Creates culture of poverty
3. Produces a stabilized criminal underworld consisting of well-defined

criminal career pathways.
c. Colonization and Underdevelopment also important variables – these

processes of globalization shaped underdog ideologies among exploited
Third World people (comes back in the form of terrorism against the more
developed countries)
“An event is not the cause of the crime if it occurs when the crime rates are
falling.”
TYPES OF POLICE SYSTEMS
a. Common Law systems (Anglo-American Justice) – exist in most english

speaking countries of the world.
- distinguished by a strong ADVERSARIAL SYSTEM – distinctive in the

significance they attach to precedent.
- primarily rely upon oral system of evidence in which the public trial is a
main focal point.
- is for a judge to atleast suspend belief until the event of a trial is over.
b. Civil Law systems (Continental justice or Romano Germanic Justice) -

practiced throughout most of the European Unions and elsewhere.
- distinguished by a strong INQUISITORIAL SYSTEM – less right is granted to

the accused, written law is taken as gospel and subject to little
interpretation.
Maxim: “ If a judge knows the answer, he must not be prohibited from
achieving it by undue attention to regulations of procedure and evidence.”
- Legal Scholarship and elitist is much more sophisticated in this system as

opposed to the more democratic common law countries where just anybody
can get into the law school.
- founded on the basis of natural law (respect for traditional custom and
tradition)
c. Socialist system (Marxist – Leninist Justice) – exist in many places such as

Africa and Asia where there had been Communist Revolution or the remnants
of one.
- distinguished by procedures designed to rehabilitate or retrain people from

fulfilling their responsibilities to the state.
- the ultimate expression of positive law design to move the state forward
toward perfectibility of state and mankind.
- primarily chracterized by ADMINISTRATIVE LAW where non-legal officials

make most of the decisions.
d. Islamic system ( Muslim or Arabic Justice) – derive all their procedures and
practices from interpretation of the Koran.
Various tribes – descendants of the ancient greeks and practice Urrf Law (law
of tradition) rather than the Harsher Shariah punishments.
Islamic system – characterized by the absence of positive law and are based
on the more concept of natural justice.
Regional – plays an important role in Islamic System.
Most nations of this type are theocracies, where legal rule and religious rule
are together.
Each type of system has variation:
1. Canadian Justice – places more emphasis upon the right to a fair trial, free
from prejudicial publicity.
2. In England – more emphasis upon fairness in sentencing, and making sure

the guilty being punished.
POLICE SYSTEM VS. CRIMINAL JUSTICE SYSTEM
• varies depending on the kind of legal system
• with the exceptions of Japan and the Common Law nations, few countries
hold their police officers accountable for violations of civil rights
• Socialist and Islamic countries – police hold enormous political and religious
powers.
MODEL POLICE SYSTEM
Selected Police Models:
a. Continental Policing – traditional in nature as it based its crime and

control efficiency to the number of arrests and people being put to jail
for punishment.
b. Developing Police System – those that are under from their former
practices but have adopted democratic form of governance.
c. The Modern Systems – uses measurement of crime control efficiency

and effectiveness based on absence of crime or low crime rate to
include citizens’ satisfaction in terms of peace and order that propels
progress.
I. CONTINENTAL POLICING PRACTICES MODEL
a. EGYPT POLICE
• Siwa Oasis – place in Egyt with little or no crime.
•Population : 23,000 with 11 tribes who are descendants of ancient greek.
•Plato accordingly, fashioned his model of perfect government in the

Republic there.
•The inhabitants practiced a moderate form of Islamic Justice rejecting

Shariah punishment and embracing Urrf Law (the law of tradition)
•Conflicts are resolved by TRIBAL COUNCIL: there are no jails and prisons
•An act of Involuntary Manslaughter – last known crime occurred in 1950.
•Social Ostracization (Shunning) – typical punishment for wrongdoing.
B. POLICE ORGANIZATION IN CHINA
•1667 – first police force was established comparable to present-day police

under King Louie XIV in France.
•1880 – establishment of the Marine Police in London, the Glasglow Police

and Napoleonic Police of Paris.
• London Metropolitan Police – first modern police force established in 1829

- Promoted the preventive role of police as deterrent to urban crime and
disorder.

Reviewer Lea 2

Uploaded by

Copyright:

Available Formats

Reviewer Lea 2

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Reviewer Lea 2

Uploaded by

Copyright:

Available Formats

LEA 2

COMPARATIVE POLICE RESEARCH

Comparative research of law enforcement organization investigates various

Continental European System

- Typically has a centralized military-like police force.

British System of Policing

- decentralized and operates closer to the community.

- also been most influential in shaping the organization of law enforcement in

POLICING ACROSS NATIONAL BORDERS

EFFECTS OF GLOBALIZATION IN LAW ENFORCEMENT

Every law enforcement agancy in the world is expected to be the protector of

LAW ENFORCEMENT IN A GLOBAL ARENA

- The creation of an international regime to enforce these UN

THREATS ON LAW ENFORCEMENT

a. Increasing volume of human rights violation by genocide or mass killing;

b. Underprivileged gain unfair access to global mechanism on law

c. Conflict between nations;

d. Transnational criminal networks for drug trafficking, money laundering,

a. Creation of International tribunals to deal with human rights problems

b. Humanitarian interventions that can promote universal norms and link

c. Transnational professional network and cooperation against transnational

d. Global groups for conflict monitoring and coalition across transnational

EFFECTS OF GLOBALIZATION ON HUMAN RIGHTS

Depend on the type of state and its history.

CHALLENGES OF GLOBALIZATION IN THE FIELD OF LAW ENFORCEMENT

THEORIES OF COMPARATIVE POLICING

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

1 – SOCIETAL TYPES OF POLICE SYSTEM

- Prescribe different perspective of police system which will match to

- has little codification of law, no specialization among police, and a system

D. Bureaucratic society – has a system of laws (along with armies of

Some people also talk about a fifth type:

VARIABLE AFFECTING SYSTEM COMPARISON ON POLICE SYSTEM

a. Comparativists romanticize the folk-communal society for its low crime

- they work very hard to avoid over criminalization common to modern

b. URBANIZATION or the process of internal migration from the country side

SUSPECTED THAT IT:

1. Dissolves family ties

2. Creates culture of poverty

3. Produces a stabilized criminal underworld consisting of well-defined

c. Colonization and Underdevelopment also important variables – these

TYPES OF POLICE SYSTEMS

a. Common Law systems (Anglo-American Justice) – exist in most english

- distinguished by a strong ADVERSARIAL SYSTEM – distinctive in the

b. Civil Law systems (Continental justice or Romano Germanic Justice) -

- distinguished by a strong INQUISITORIAL SYSTEM – less right is granted to

- Legal Scholarship and elitist is much more sophisticated in this system as

c. Socialist system (Marxist – Leninist Justice) – exist in many places such as

- distinguished by procedures designed to rehabilitate or retrain people from

- primarily chracterized by ADMINISTRATIVE LAW where non-legal officials

Regional – plays an important role in Islamic System.

2. In England – more emphasis upon fairness in sentencing, and making sure

POLICE SYSTEM VS. CRIMINAL JUSTICE SYSTEM

• varies depending on the kind of legal system

MODEL POLICE SYSTEM

Selected Police Models:

a. Continental Policing – traditional in nature as it based its crime and

c. The Modern Systems – uses measurement of crime control efficiency

• Siwa Oasis – place in Egyt with little or no crime.