I. INTRODUCTION
Combined Police System- Marked by the
Comparative Police System- The science and
art of investigating and comparing the police
system of nations, which covers the study of
their police organizations, trainings and
methods of policing.
Comparative Criminal Justice- Field of criminal
justice which deals with comparing the
similarities and differences of criminal justice in
terms of structure, goals, punishment and
emphasis on rights as well as history, and
political structure of different systems.
Types of Criminal Justice System in the World
1. Common Law Systems. Usually exists in
English speaking countries. Characterized by
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. Characterized 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”5
3. Socialist System. Known as Marxist-Leninist
Justice which is practiced in Africa and Asia. It is
characterized by procedures designed to
rehabilitate the offender.
4. Islamic System. This system is based more on
the concept of natural justice or customary law
or tribal traditions.
Types of Police Models in the World
1. Fragmented Police System- Found in the US;
directly attributed to the federated nature of
the political system and local communities
asserting their right to home rule.
2.
national and local governments cooperating
and sharing in the responsibility for establishing
a police service.
3. National Centralized Police System-
Originated in Rome, it is necessitated the
central government creating a police force for
the community.
Classification of Police Operational Styles
A. As to law enforcement styles [James Q.
Wilson]
1. Legalistic- emphasis is on violations of law
and the use of threat or actual arrest to solve
disputes in the community [found in large
metropolitan areas]
2. Watchman- emphasis is on informal means
of resolving disputes and problems in a
community. Keeping the peace is the
paramount concern; arrest is used only as a last
resort to resolve any kind of disturbance of the
peace [commonly found in lower
socioeconomic communities]
3. Service- emphasis is on helping in the
community as opposed to enforcing the law.
Referrals and diversion to community
treatment agencies are common instead of
arrest and formal court action [found on
wealthy communities].
B. As to the degree of commitment to
maintaining order and respect for due process
[John Broderick]
1. Enforcers- Emphasis is on order, with little
respect for due process.
2. Idealists- Emphasis is on both social order
and due process.
3. Optimists- Emphasis is on due process, with
little priority given to social order.
4. Realists- Little emphasis is given to due
process or social order.
C. As to the way Police Officers use their
authority and power in street police work
[William Muir].
1. Professional- Officers have the necessary
passion and perspective to be valuable police
officers.
2. Enforcers- Officers have passion in
responding to human problems but do not
recognize limits on their power to resolve them.
3. Reciprocators- Officers often are too
objective in that they have perspective but
virtually no passion, resulting in a detachment
from the suffering they encounter and often a
failure to take action.
4. Avoiders- Officers have neither passion nor
perspective, resulting in no intellectual
recognition of people’s problems and no action
to resolve them.
II. GLOBALIZATION AND ITS EFFECTS TO
POLICING
Globalization. The process by which regional
economies, societies, and culture, as well as
information, ideas and even authority become
integrated by a global network of political ideas
through communication, transportation, and
trade.
✔ The increasing interconnectedness of
different parts of the world through common
process of economic, environmental, political
and cultural change.
Events that Contribute to the Emergence of
Globalization
1. Establishment of international agencies and
institutions.
2. Standardize system of global time.
3. Global networks of communication.
4. International competitions and prizes
5. International law
6. Internationally shared notions of citizenship
and human rights.
Challenges Brought by Globalization to Law
Enforcement
1. Vast increase in the number of economic and
social transaction across national borders
inevitably make organized criminal activity
move from the national to international level.
2. Evolution of "Global Village" which opened
up an unprecedented opportunities for
transnational crime because it has
fundamentally changed the context in which
both legitimate and illegitimate business
operate.
3. Growth of transnational economic
transaction that make enormously difficult for
the government to regulate and control
monetary movements across boundaries.
4. Rise of cosmopolitan world cities as the
repositories of capital and wealth and as major
facilitators of cross-border transaction which
provides operation based for criminal
organizations.
5. Accessibility of consumers to information
about goods and services around the world
giving rise to global marketing opportunities
both licit and illicit.
6. Increase in migration and growth of ethnic
groups have facilitated in the creation of
network structures for the supply of illicit good
in the global market.
Effects of Globalization to Policing
1. Transnational crime activities are facilitated
2. Need for transnational policing, hence
cooperation among police organizations in the
world is vital
3. Training instruction for law enforcement
officers must include the use of updated
technology
4. Development of a new strategies to deal with
transnational organized crime groups
5. Updated laws related to law enforcement
based on the contemporary theories of crime
causation.
III. TRANSNATIONAL CRIMES
Transnational Crime.
An activity that is considered criminal offense
by at least two countries. It is an offense that
inception, prevention and/or indirect effects
involved more than one country.
✔ The word "transnational" describes crimes
that are not only international, but crimes that
by their nature involve boarders crossing as an
essential part of the criminal activity.
✔ Also includes crimes that take place in one
country, but its consequences significantly
affect another country.
NOTE: Transnational Crimes are especially
concerned with acts criminalized by laws of
more than one country; while International
Crimes are crimes prohibited by international
laws, norms, treaties and customs.
A. Terrorism
✔ The use or threatened use of force designed
to bring about a political change [Brian Jinkins,
1984)].
✔ Constitutes the illegitimate use of force to
achieve a political objective by targeting
innocent people [Walter Laqueur (1970].
✔ Unlawful use of force or violence designed to
intimidate or coerce a government or civilian
population in the furtherance of political or
social objectives. [Omnibus Diplomatic Security
An Anti-Terrorism Act of 1986]
✔ Socially and politically unacceptable violence
aimed at an innocent target to achieve
psychological effect (Martha Crenshaw, 1983).
✔ Method of combat in which the victims serve
as symbolic targets.
✔ A premeditated, politically motivated
violence perpetrated against non-combatant
targets by subnational groups or clandestine
agents.
✔ Any act intended to cause death or serious
bodily harm to civilians or non-combatants with
the purpose of:
1. Intimidating a population of serious bodily
harm; and
2. Compelling a government or an international
organization to do or abstain doing any act.
[UN Panel03-17-05]
Criteria in Defining Terrorism
1. Target
2. Objective
3. Motive
4. Perpetrator
5. Legitimacy or legality of the act.
Traditional Terrorist Tactics
1. Bombing
2. Hijacking
3. Arson
4. Assault
5. Kidnapping
6. Taking hostages
Acts of Terrorism Under the UN Conventions
and Protocols
1. Unlawful seizure of aircraft (1970)
2. Unlawful acts against safety of civil aviation
(1971)
3. Crimes against internationally protected
persons including diplomatic agents (1973)
4. Taking hostages (1979)
5. Nuclear material (1980)
6. Acts of violence in airports (1988)
7. Acts against safety of maritime navigation
(1988)
8. Terrorist bombings (1977)
9. Acts against safety of fixed flat forms located
on continental shelf (1988).
B. Drug Trafficking
Drug Trafficking/ Illegal Drug Trade.
A global black market activity consisting of
production, distribution, packaging and
psychoactive substances.
Drug Trafficking Activities
1. Discovery, plantation, cultivation and harvest
2. Preparation for distribution
3. Manufacture, synthesis and refinement
4. Marketing and distribution
Major Drug Traffic Routes
1. Drugs That Originates from the Golden
Crescent: Afghanistan; Pakistan; Iran & India in
Southeast Asia, the Golden Crescent is the
major supplier of opium poppy and heroin
products in the Western part of Asia. It
produces at least 85% to 90% of all heroin
channeled in the drug underworld market.
2. Golden Triangle: Myanmar (Burma), Laos
and Thailand Approximately 60% of the world
opium is produced, and 90% in the Eastern part
of Asia.
3. The Silver Triangle: Peru; Bolivia and
Colombia Silver Triangle [Peru and Bolivia (70%)
and Colombia (30%)], is the producer of the
world’s coca leaves and cocaine based products
Primary Means of Distribution
1. Hierarchical Arrangement. The
manufacturer uses his own men to smuggle,
wholesale, store, and distributes the drugs.
2. Hub-and- Spoke-Layout. Taking advantage of
local gangs and other localized criminal
organization. The Cartel is at the center with
satellite organizations that may provide certain
services to the manufacturer, and then there is
a plurality distinct groups, each with its own
chain.
Techniques of Drug Traffickers when
Crossing Borders
1. Avoiding border checks by small aircraft and
through overload smuggling routes.
2. Submitting to border checks with the drugs
hidden in a vehicle, between other
merchandize, in luggage, in or under clothes,
inside the body, etc.
3. Buying off diplomats to smuggle drugs in
diplomatic mail/luggage to avoid border checks
National Campaign Strategy Against Drug
Trafficking
1. Demand Reduction- Implementation of
preventive education and public information
campaigns to increase awareness of the ill
effects of prohibited drugs. It also includes
treatment and rehabilitation of drug
dependents.
2. Supply Reduction- Activities which endeavor
to reduce the supply side/segment of illegal
drugs to the barest minimum level possible.
Activities are centered to the arrest of drug
personalities and seizure of illegal drugs
through intensified police operations.
3. Inter-Agency Cooperation -These are the
activities that promote anti-drug related
activities among tasked government agencies in
close coordination with the PDEA, being
mandated to lead the drug enforcement and
prevention efforts of the government.
4. International Cooperation- Exchange of
information and relevant technologies that
could be used in the anti-drugs campaign
accessed through the PCTC, INTERPOL,
ASEANAPOL, Defense/Military and Police
attaches, embassies, consulates, international
NGOs, like the International Association of
Chiefs of Police (IACP).
C. Money Laundering
Money Laundering. Covers all procedures to
change, obscure or conceal the beneficial
ownership or audit trail of illegally obtained
money or valuable so that it appears to have
originated from a legitimate source.
✔ Process through which the existence of an
illegal source of unlawful application of illicit
gains is concealed or disguised to make the
gains legitimate, thereby helping to evade
detection, prosecution, seizure and taxation.
Money Laundering Process
1. Placement. The physical disposal of cash
proceeds derived from the unlawful activity.
The aim is to remove cash from the location of
acquisition to avoid detection.
2. Layering. Separating illicit proceeds from
their source by creating complex layers of
financial transactions designed to disguise the
source of money, subvert the audit trail and
provide anonymity. The purpose is to
disassociate the illicit proceeds from the
unlawful activity by creating intentionally a
complex web of financial transactions aimed at
concealing any audit trail as well as the source
and ownership of funds.
3. Integration. The final stage in the process at
which the money is integrated into legitimate
economic and financial systems and is
assimilated with all the other assets in the
system.
Historical Background of Money Laundering
✔ Money laundering has originated in the
1920’s when The American mafia owned
Laundromats which were cash businesses.
✔ Criminals then used this Laundromats to
hide illegal proceeds by investing said money in
the Laundromats business, or mixing illicit funds
with clean money.
✔ In 1986, The United States passed the Money
Laundering Control Act (MLCA).
✔ In 1988 the United Nations Convention
against Illicit Trafficking in Narcotic Drugs and
Psychotropic Substances (VIENNA
CONVENTION) made drug money laundering a
criminal offense
✔ In 1989 The G-7 Nations (France, Germany,
Italy, Japan, United Kingdom, United States, and
Canada) formed the FINANCIAL ACTION TASK
FORCE (FATF) which were mandated to devise
international standards and policies to combat
money laundering.
✔ And in 2000 the United Nations Convention
against Transnational Organized Crime
(PALERMO CONVENTION) extended the legal
definition of money laundering to include all
serious crimes.
D. Human Trafficking
✔ The recruitment, transport, transfer,
harboring or receipt of a person by such means
as threat or use of force or other forms of
coercion, abduction, fraud or deception for the
purpose of exploitation.
Note: Human Trafficking differs from human
smuggling for the latter is mainly about the
illegal entry of a person into a State, and it is
understood to include an element of “consent”
or willingness 49 Core Elements of the Concept
Core Elements of the Concept of Trafficking
1. The action of trafficking which means the
recruitment, transportation, transfer, harboring
or receipt of persons;
2. The means of trafficking which includes
threat of or the use of force, deception,
coercion, abuse of power or position of
vulnerability;
3. The purpose of trafficking is always
exploitation
Commonly Identified Form of Human
Trafficking
1. Sexual exploitation
2. Forced labor
3. Domestic servitude and forced marriage;
4. Organ removal; and
5. Exploitation of children in begging, the sex
trade and warfare
Modalities of Trafficking
1. Recruitment- Methods vary, but usually
involve deception or coercion.
2. Transportation-Traffickers facilitate travel
including help with border crossings, provision
of counterfeit documentation, bribing officials,
as required.
3. Control and Exploitation- Upon arrival of the
country of transit and destination, victims my
times are compelled into slave-like working
conditions, and trafficked women and children
are often forced into prostitution. They are kept
in debt bondage, obliged to pay back heavy
debt arising out of the cost of transport of fake
documents, and often have their passport and
money confiscated in order to control their
movements.
Note: Victims of trafficking may also be sold
and pass on among various groups. This
phenomenon coined the expression “Countries
of Circulation,” which describes a situation
where victims of trafficking, upon arrival are
being passed on among traffickers and
circulated for exploitation in a number of
countries.
E. Cyber Crimes
✔ Crime committed with the use of computers
or via the manipulation of digital forms of data.
Types of Cybercrimes
1. Cyber theft. Use of cyber space to either
distribute illegal goods or services or to defraud
people for quick profits. E.g. Illegal copyright
infringement, identity theft, internet securities
fraud, warez.
2. Cyber vandalism. Use of cyberspace for
revenge, destruction, and to achieve a malicious
intent. E.g. Website defacement, worms,
viruses, cyber stalking, cyber bullying.
3. Cyber terrorism. An effort by covert forces to
disrupt the intersection where the virtual
electronic reality of computers meets the
physical world. E.g. Logic bombs use to disrupt
or destroy “secure” systems or network,
Internet used to communicate covertly with
agents around the world.
The Fight Against Transnational Crimes
The key struggle against transnational crime is
dynamic cooperation base upon:
1. Mutual trust;
2. Common perception of the threat;
3. Realization that crime must be influence
beyond national borders;
4. Understanding of the limitations of domestic
intervention and unilateral action; and
5. Signaled attention to work with other
interested nations in the interest of protecting
national integrity and sovereignty.
Global Response Against TC
1. UN Convention Against Transnational Crime
Features:
1.1 Creation of domestic criminal offenses to
combat the problem;
1.2 Adoption of new, sweeping frameworks for
mutual legal assistance, extradition, law
enforcement cooperation, technical assistance
and training.
2. UN Protocols on Specific Areas of
Transnational Organized Crime Features:
2.1 Protocol to prevent, suppress and punish
trafficking in persons, especially women and
children;
2.2 Protocol against smuggling of migrants by
land, air and sea; and
2.3 Protocol against the illicit manufacturing of
and trafficking of firearms, its parts,
components and ammunition.
Philippine Response Against TC
1. The creation of Philippine Center for
Transnational Crime (PCTC)
2. Legislative responses
Philippine Center for Transnational Crime
(PCTC)
✔ Executive Order No.62 Series of 1999
(January 15,1999) - PCTC is created to establish
a shared database among concerned agencies
for information on criminals, methodologies,
arrest and conviction on transnational crime in
all its forms.
✔ Executive Order No.100 Series of 1999 (May
7, 1999), Executive No.295 (September 28,
2002) and Executive Order No.146 (October 22,
2002) - strengthen the operational ,
administrative and information support system
of the PCTC.
FUNCTIONS OF THE PCTC
Exercise general supervision and control over
the following:
1.) Loop Center of the National Action
Committee on Anti Hijacking and Terrorism
(NACAHT)
2.) International Criminal Police Organization
ICPO-INTERPOL-NCB Manila, which has been
reconstituted to serve as the national liaison
office and main coordinating body for
international police cooperation against
transnational crime.
3.) Police attached of the Philippine National
Police, and
4.) Political attached/counselors for security
matters of the Department of Interior and Local
Government (DILG).
Four Major Concerns of PCTC
1. Information Exchange
2. Strategic Studies
3. Capacity Building
4. Law Enforcement Coordination
Activities of the PCTC to Underscore its Role in
the Fight Against Transnational Crimes
1. Strong Regional Coordination- the PCTC
serves as a focal point in seeking the assistance
and support of member countries in the ASEAN
and Asia Pacific Regions by strengthening
international cooperation.
2. Support to the United Nations- PCTC is
involved in the drafting of the main text of the
UN Convention against Transnational Crime and
other related protocols.
3. Capacity Building of Local Government
Units- PCTC conducts simulation exercises to
assist local government units in the country in
coping with the issues and concerns relative to
crisis situation.
4. National Cooperation- PCTC host various
technical working group meetings formulating
proposed legislation.
PCTC’s Command and Control
1. The PCTC is under the office of the President
but placed under the general supervision and
control of the National Security Adviser
2. The Executive Director has immediate
supervision and control over all units of PCTC.
As such he is authorized to designate duties and
functions of all units and Personnel of the PCTC;
and
3. The Executive Director has direct operational
and supervisory authority over personnel and
Legislative Responses
A. Public Safety and Terrorism
1. RA 9372 - Human Security Act of 2007
2. RA 6969 - Toxic Substances and Hazardous
and Nuclear Waste Control Act of 1990
3. Arts. 122-123, RPC, PD 532 - Anti - Piracy and
Anti-Highway Robbery Law of 1974, RA 6235-
Anti- Hijacking Law
4. PD 1866 as amended by RA 8294 and RA
10591 - Decree Codifying the Law on
Illegal/Unlawful Possession, Manufacture,
Dealing In, Acquisition or Disposition of
Firearms, Ammunition and Explosives
5. R.A. 9851- Philippine Act on Crimes Against
International Humanitarian Law, Genocide and
Other Crimes Against Humanity
6. RA 10168- Terrorism Financing, Prevention
and Suppression Act.
B. Trafficking of Human Beings
1. RA 9208 - Anti - Trafficking in Persons Act of
2003
2. RA 8042 - Migrant Workers and Overseas
Filipino Workers Act (Illegal Recruitment)
3. RA 8043 - Inter - Country Adoption Act
4. RA 6955 - Anti - Mail Order Bride Act 5. RPC,
Article 272 – Slavery
5. RPC, Article 341 - White Slave Trade
C. Financial and High-Tech Crimes
1. RA 9160 as amended by RA 9194, RA10167, &
10365 - Anti - Money Laundering Act of 2001
2. RA 8792 - Electronic Commerce Act of 2000
3. RA 4200 - Anti - Wire Tapping Law
4. Republic Act No. 10175- Cybercrime Act of
2012.
D. Drug Trafficking/Smuggling
1. RA 9165 - The Comprehensive Dangerous
Drug Act of 2002, as amended by RA 10640