COMPARATIVE POLICE

SYSTEM

Police = The governmental 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. (Frenchword)

COMPARATIVE = an estimate of relative likeness or unlikeness of two objects or event

GLOBALIZATION
= package of transnational flow of people, production, investment, information, ideas and authority.
= growing interpenetration of states, markets, communication and ideas.
= The process of creating transnational markets, politics, and legal systems in an effort to form and
sustain a global economy.

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 challenge to law
enforcement.

Threats to Law Enforcement

• increasing volume of human rights violations as evidence by genocide and mass killing
• conflict between nations
• Transnational criminal networks for drug trafficking, money laundering, terrorism
TYPES OF POLICE 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-AmericanJustice”
2. Civil Law Systems = distinguished by strong inquisitorial system where less rightisgranted to the
accused and the written law is taken as gospel and subject to little interpretation
= also known as “ContinentalJusticeorRomano-GermanicJustice”
3. Socialist System = distinguished by proceduresdesignedtorehabilitatetheoffender.
= known as Marxist-LeninistJusticeand exist in places such as Africa and Asia
4. Islamic System = based more on the concept of naturaljusticeorcustomarylawortribaltraditions

THEORIES OF POLICE SERVICE

Continental = is the theory of police service which maintains that
policeofficersareservantsofhigher authorities. This theory prevails in the continental countries like France,ItalyandSpain.

Home Rule = the theory of police service which states that police officers are servants of the
communityorthepeople. This theory prevails in EnglandandUnitedStates. It is also the police service
which prevails in country with decentralized form of government. This is likewise the police service theory
that should prevail in the Philippines based on the existing laws, concepts and principles.

CONCEPT OF POLICE SERVICE

a. Old police service = states that the yardstick of police proficiency relies on the
numberofarrestmade.

b. Modern police service = states that the yardstick of police proficiency relies on the
absenceofcrime.

Deviance Control = is the modern police function which primarily involves the mission to reinforce
communityvaluesandlaws. This was adopted by Germany,ChinaandJapan.

Civil order control = is not organizationally separated from deviance control but is performed by regular
street police in the country of EnglandandUnitedStates.

EVOLUTION OF POLICING SYSTEM

 • Praetorian guards = military bodies who serve as guardians of peace in ancient
Rome in which the ideaofpolicingsaidtohaveoriginated
• Officer de la Paix = a French term which claimed to be the origin of the term PoliceOfficer

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

A. Tun Policing System

A system of policing emerged during the Anglo-Saxon period whereby
allmaleresidentswere requiredtoguardthetown(tun) to preserve peace and protect the lives and properties of
the people.
About 700 AD, the people living in England in small rural towns used the
Anglo-SaxonSystem. Ten families in a town (tun) equaled a tithing. Each tithing elected a leader
who was known as the Tithingman. Since 10 tithings amounted to 100, the leader of the
100 families was named the reeve. Both the tithingman and reeve were elected
officials. They possessed judicialpoweraswellaspolice authority.

B. Hue and Cry

A village law started in Britain which provided methods of apprehending a criminal by
an act of the complainant to shouttocallallmaleresidentstoassembleandarrestthesuspect.

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”which means “amiraculousdecision.”

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-
manorlieutenantofthearmy). 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.
Two “Constabuli”or “The Keeper of the Horse” were
appointedtoeachvilagetoaidtheRievein hisduties. It became the source of the word Constable.
The term “Shire-Rieve”is said to be the origin of the word “Sheriff.”

B. Travelling Judge or Circuit Judge

A judge selected to hear cases which were formerly being judged by the Shire-Rieve and
tasked totravelthroughandhearcriminalcases. This was the
firstinstanceofthedivisionofthepoliceand judicialpowers.

C. Legis Henrici
 An act that was enacted during this period with the following features:
• Offenses were classified as against the king and individual.
• Policeman becomes public servant.
• The police and the citizens have the broad power to arrest. It introduced the
system called
“citizen’sarrest.”
• 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-SaxonTrialor
“TrialbyOrdealSystem.”

D. Frankpledge System
A system of policing whereby a group of
tenneighboringmaleresidentsovertwelveyearsof agewere required to guard the town to preserve peace
and protect the lives and properties of the people

3. Westminster Period of Policing System

It is called by this name because the laws governing policing came out of thecapitalofEngland,
whichatthetimewasWestminster. This period has the following features:
• Guards were appointed and the duties of the constablesatnight(watch)andindaytime(ward)
were defined
• StatuteofWestminsterof1285, a collection of regulations aimed at keeping the peace.