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Module Title: Lecture Notes on Comparative Models in Policing

Course Title: Comparative Models in Policing


Course Number: LEA 212
Course Description: This course provides an overview of the different Policing System in
other countries including its strategies in Crime Prevention and Crime Investigation, and the
respect of human rights, personnel qualifications, recruitment, and training. The Philippine
extradition treaty with other countries, and the INTERPOL, the international cooperation in
the policing of transnational crimes and criminals.

Total Learning Time: 18 Weeks /3 hours per week- Sem. 2

Overview: The course covers different policing system, extradition treaties, international
instruments, approaches, remedies and preventive mechanisms aimed at facilitating
international cooperation in the policing of international crimes.

Learning Outcomes: At the end of the course, the student should be able to:
1. compare different selected police models in the world, their similarities and
differences;
2. identify the need for bilateral and international cooperation in addressing
transnational crimes;
3. Discuss the best practices from different police models of the world; and
4. Discuss the importance of Policing in social life, its goals and roles of the police
in the affairs of the state/government.

Indicative Content:

Chapter I
1. Introduction to Comparative Police System
2. Theories of Comparative Policing
3. Models in Policing
4. Policing in a Multi- Cultural Society
5. Importance of Policing in social life, its goals and roles of the police in the affairs
of the state/government

Chapter II
1. Policing system in; Japan, US, Canada, Australia, China, UK, and other countries.

2. Philippine Policing, Extradition Treaty, and international agreements on Law


Enforcement cooperation.

3. Philippine Transnational Crime, ASEAN cooperation, and the INTERPOL

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CHAPTER I
TOPIC 1: INTRODUCTION TO COMPARATIVE POLICE SYSTEM

What is Comparative Police System?


-it is the science and art of investigating and comparing the police systems of nation.
It covers the study of police organizations, trainings and methods of policing various nations.
What is Comparative Criminal Justice?
-it is subfield of the study of Criminal Justice that compares justice systems
worldwide. It studies the similarities and differences in structures, goals, punishment, and
emphasis on rights as well as the history and political stature of different system.
What are the three basic functions of criminal justice system?
a. Policing
b. Adjudication
c. Corrections
What is International Criminal Justice?
- it involves the study and description of one country’s law, criminal procedure, or
justice process.
Why systems and issues in criminal justice are compared?
The basic reasons are:
a. To benefit from the experience of others
b. To broaden our understanding of the different cultures and approaches to problems
c. To help us deal with the many transnational crime problems that plague our world
today.

What are the four types of criminal justice law in the world?
1. Common Law Systems
 Also known as Anglo- American justice exist in most English- speaking countries of
the world such as the US, England, Australia, and New Zealand. They distinguished
by strong adversarial system where lawyers interpret and judges are bound by

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precedent. They primarily rely upon oral systems of evidence in which the public trial
is a main focal point. (no one is above the law)
2. Civil Law Systems
 Also known as Continental Justice or Romano- Germanic Justice and practice
throughout most of the European Union as well as elsewhere in places such as
Sweden, Germany, France, and Japan. They are distinguished by strong inquisitorial
system where fewer rights are granted to the accused, and the written law is taken as
gospel as subject to little interpretation. Romano- Germanic systems are founded on
the basis of natural law which is a respect for tradition and custom. The sovereigns or
leaders of a civil law system are considered above the law as opposed to the common
law notion that nobody is above the law.
3. Socialist System
 Also known as Marxist-Leninist Justice and exist in many places such as Africa and
Asia where there has been a communist revolution or the remnants of one. It is the
ultimate expression of positive law, designed to move the state forward toward the
perfectibility of state and mankind. It is also primarily characterized by administrative
law, where non- legal officials make most of the decisions.
4. Islamic Systems
 Also known as Muslim or Arabic Justice and derive all their procedures and practices
from interpretations of the Koran. Islamic systems in general are characterized by the
absence of positive law (the use of law to move societies forward toward some
progressive future) and are based more on the concept of natural justice (crimes are
considered acts of injustice that conflict with tradition). Religion plays an important
role in Islamic systems. In this system legal rule and religious rule go together.

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TOPIC 2: THEORIES OF COMPARATIVE POLICING

THEORIES IN POLICING

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

b. Home Rule- the theory of police service which states that police officers are servants
of the community or people. This theory prevails in England and United States. 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.

What are the seven (7) theories of comparative criminology?


1. Alertness to crime theory- as nation develops, people’s alertness to crime is
heightened, so they report crimes to police and demand the police to become more
effective at solving crime problems.
2. Economic or migration theory- crime is the result of unrestrained migration and
overpopulation urban.
3. Opportunity theory- is that with higher standards of living, victims become more
careless of their belongings, and more opportunities for committing crime multiply.

4. Demographic theory- based on the event of when a greater number of children are
being born, 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 and people on the top doesn’t
see themselves rising fast enough.
6. Modernization theory- sees the problem as society becoming too complex.
7. Theory of anomie and synomie- suggests that progressive lifestyles and norms result
in the integration of normal norms that once held people together.

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TOPIC 3: MODELS IN POLICING

A. MODELS IN POLICING
Basic Goals of Policing
1. Enforce Laws
2. Preserve Peace
3. Prevent Crimes
4. Protect civil rights and liberties
5. Provide Services

Different Models of Policing


1.
a. Crime Control Model

Based on the presumption that the repression of criminal behavior is the most
important aspect of police duty and therefore should be given priority.

This approach has been rationalized in the past by the assumption that
inconvenience or harassment of innocent people can be justified by the fact that police
are fighting the crime.

b. Due Process Model

- When due process is the primary object of policing, police policy is that is far
better than 100 guilty men escape justice rather than one innocent person be
convicted.

2. Classification based on legitimacy or legal backing of police function

a. Policing by consent- policing works on the principle of consent. This is


primarily applicable in parliamentary democracy.
b. Policing by law- policing power is vested on State by law.

3. Classification based on Command Structure

a. Centralized law enforcement- simply means one police force operating


in a country. The police force in a country has a centralized command.
Countries with decentralized policing systems:

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a. Saudi Arabia
b. China

b. Decentralized law enforcement- refers to a system where police


administrations and operations are independent from one state to another.
The police force in a country do not have a centralized command. It is
more applicable to countries with federal government.

Countries with decentralized policing systems:


a. United States
b. Germany
c. United Kingdom

Two types of court system in the world


a. Adversarial system
-In adversarial system the accused is innocent until proven guilty.
b. Inquisitorial system
-The accused is guilty until proven innocent or mitigated. In this system, lesser
rights are granted to the accused and the written law is taken as gospel and
subject to little interpretation.

Types of police in the world


1. Uniformed police
2. Detectives
3. Auxiliary
4. Special police
5. Military police
6. Religious police
7. Border police
8. Transport police

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B. INNOVATIVE POLICING
1. Community Policing
It is the deployment of law enforcement professionals to work in and
around schools.

2. Broken Windows Theory


This theory says that the little things matter. It comes from the 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 “broken window” is a symbol of unaccountability. So, enforcing the
smallest laws could prevent the large ones from being broken.
3. Problem- oriented policing
An approach to policing which discrete pieces of police business are subject to
microscopic examination in hopes that what is freshly learned about each problem
will lead to a new more discovering a new and more effective strategy for dealing
with it.
4. Pulling levers policing
It consists of selecting a particular crime problem, convening an inter-agency
working group of law enforcement, prosecution, other justice agency officials, local
government, social service, and community- based practitioners.
Pulling levers focused on deterrence strategies which are associated with an
overall statistically- significant, medium- sized crime reduction effect.
5. Third party policing
It describes police efforts to persuade or coerce third parties, such as landlords,
parents, local governments, and other regulators to take some responsibility for
preventing crime or reducing crime problems.
In third party policing, the police create crime control guardians in locations or
situations where crime control guardianship was previously absent.
For example, taxation laws regulate business practices and give taxation
agents the authority to compel businesses to adopt accounting methods and
procedures that reduce risks and likelihood of business fraud.
6. Hot spot policing
A popular policing strategy that addresses crime by assigning limited police
resources to areas where crimes are more highly concentrated. It is also referred to as
place- based policing.

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7. CompStat policing
The Computer Comparison Statistics (CompStat) is a multifaceted system for
managing police operations. It is used in in many law enforcement agencies in the
US and round the world.

The CompStat is guided by four principles which are as follows:

1. Accurate and timely intelligence


2. Effective Tactics
3. Rapid Deployment
4. Relentless follow up and assessment

8. Evidence policing
This policing focused on evidence- based practices. Definition of
evidence- based practice as presented by Dr. James Chip: “Rather than relying on
conviction, conjecture, or conventional wisdom, decision makers turn to the best
available evidence about what does and does not work when evaluating options
and making decisions in order to identify and choose the optimal approach in
policy, management, and other applied settings.

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TOPIC 4: POLICING IN A MULTI-CULTURAL SOCIETY

Four types of societies

1. Folk Communal or Primitive Societies


 It has a little codification of law. No specialization among police and a system of
punishment let things go for a while without attention until it becomes too much and
then harsh, barbaric punishment is resorted to. 
2. Urban Commercial Societies
 Rely on trade as the essence of their market system.

 It has a civil law standards and customs are written down, specialized police forces
(some for religious, others for enforcing the king’s law), and punishment is
inconsistent, sometimes harsh, sometimes lenient. Most continental Europe developed
along this path.
3. Urban Industrial Societies
 Produce most of the goods and services without government interference.

 It does not codified laws only but applies laws that prescribe good behavior. Police
are specialized on how to handle property crimes, and the system of punishment is run
on market principles of creating incentives and disincentives. England and U.S.
followed this positive legal path.
4. Bureaucratic Societies
 These are modern post- industrial societies where the emphasis is upon technique or
the technologizing of everything with the government. It has a system of laws (along
with armies of lawyers) police who tend to keep busy handling political crimes and
terrorism and a system of punishment characterized by over criminalization and
overcrowding. The U.S. and only eight other nations fit the bureaucratic pattern.

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TOPIC 5: GLOBALIZATION AND LAW ENFORCEMENT

What is Globalization?
- Globalization is the package of transnational flows of people, production,
investment, information, ideas and authority. It is the growing inter-
penetration of states, markets, communications and ideas. It is one of the
characteristics of the contemporary world.

Globalization and Law Enforcement


Every nation has its own law enforcement agency called the police. One thing
is common. The police symbolize the presence of a civil body politics in everyday
life; they symbolize the capacity of the state to intervene and the concern of the state
for affairs of the citizenry. It is therefore timely to discuss the connection of
globalization to policing.
What are the effects of globalization to law enforcement in the Philippines?
• The facilitation of transnational crimes and criminals can be easily achieved.

• The cooperation of police organization in the world is vital.

• Development of new strategies to deal with international crime is a must.

• Provisions of law enforcement with updated legislations related to modernization


theory of crime

• Training instruction for incoming law enforcement officers must include advance
computer to prepare them as cyber cops so they can be better prepared to deal
with cybercrimes.

Threats to law enforcement brought about by globalization


1. Increasing volume of human rights violations evident by genocide or mass killing.

2. The underprivileged gain unfair access to global mechanisms on law enforcement


and security.

3. Conflict between nations.

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


terrorism, etc.

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Opportunities for law enforcement brought by globalization
1. Creation of international tribunals to deal with the human rights problem.

2. Humanitarian interventions that can promote universal norms and link them to the
enforcement power of states.

3. Transnational professional network and cooperation against transnational crimes.

4. Global groups for conflict monitoring and coalitions across transnational issues.

5. Challenges of globalization in the field of law enforcement


In the law enforcement and security sphere, states respond with increased
repression to fragmentation, transtionalized civil war and uncontrolled global
flows such as migrants and trafficking. Transborder ethnic differences help inspire
civil conflict while the global arms trade provideS its tools. Even extreme civil
conflicts where state deteriorates into warlordism are often financed if not abetted
by foreign trade. While non- state actors like insurgents and paramilitaries pose
increasing threats to human rights, state response is a crucial multiplier for the
effect on citizens.
Effects of Globalization on Human Rights
The effect of globalization on state- based human rights violations will depend
on the type of the state and its history. In democratic counties with weak institutions
and elite controlled economies (Russia, Latin America, Southeast Asia) , the growth
of global markets and economic flows tends to destabilize coercive forces but
increases crime, police abuse and corruption.
Global mobility and information flow generally stimulate ethnic mobilization,
which may promote self- determination in responsive states but more often produces
collective abuses in defense of dominant group hegemony. In general, analysts of
globalization find that states international integration improves security rights but
increases inequality and threatens the social rights of citizens.
Globalization and Terrorism
The nature of the threat, its target and impact, and the response all indicate the
growing power of globalization as a parameter of political action. The emergence of
transnational civil networks capable of state- level crimes against humanity depends
upon the globalizing patterns of connection, communication and even
commodification (via financial networks).
Globalization and Human Trafficking
Human trafficking is the third largest criminal industry in the world. The
number of people trafficked each year is estimated to be in the millions. Given its

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current growth rate, human trafficking is expected to take over drug trafficking within
the next decades.
Effects of Globalization
Industry
- The world has become a huge market where you can buy and sell things
produced in any part of the world. There are a lot of international brands operating
worldwide.
• Culture

Globalization means a decrease in the cultural diversity that used to exist in the
world earlier. You can find people in several countries dressing up like Westerners.
Food is another good example. Young people especially are eating more of American
or Chinese foods then their own cultural dishes. The way people speak is also
changing. For example teenagers in the Middle East are much influenced by the way
the black Americans speak. They think its “cool”.
• Legislation

There has been an increase in the establishment of International courts of


justice where someone accused could be dealt with in any part of the world. Interpol
is another example of International law enforcement agency.
• Language

With increased globalization, people tend to forget their mother tongue and
use English instead as there is an idea that it makes them superior in some way. This
might also help them in job searches etc.
• Information

With the wide use of Internet and other kinds of information technology, it


has become much easier and faster to share information worldwide. Live TV channels
are another good example of quick information sharing.
• Finance

Globalization has made it easier to raise finance through individuals and firms
outside the country. The International Monetary Fund is a good example of an
International Institute which lends money to countries in need for finance.
• Politics

Powerful countries and individuals nowadays have political control over the
whole world, not only their country. The United States is an example of a country that
influences the whole of the world politics. It is believed that globalization is a positive

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development generating more trade and hence welfare of the whole world.
Nevertheless, it also has some significant disadvantages which should not be
forgotten.

THE CHANGING ROLE AND NATURE OF THE POLICE

Police Issues, Trends and Challenges


Some critiques have said that a small percentage of law enforcement officers
who are responsible for the misdeeds of the organization that have brought public
criticism upon them. This fact makes the indifference of police heads to the situation
all the more reprehensible subject to criticism. Generally, when the police
administrators are brought to task for improper practices and misbehavior to continue,
they are quick to blame political interference, inadequate salaries, weakness of the law
and lack of public support.
Police problems in General
1. Political Interference

Political interference can be a most destructive force and often it is a serious


obstacle to effective administration of the police organization, but it cannot be
corrected by passive measures. A fundamental responsibility of a police administrator
is to go and on, fighting for the ideals to the extent that political leader will finally be
convinced of political expediency of efficient law enforcement.
2. Inadequacy of Salaries

Many believed that integrity and honesty can’t be purchased. Thus, when the
policemen are willing to accept responsibility as professionals and establish high
standards of performance, then they can accept recognition in terms of appropriate
pay scale and reasonable allowances. Careful inquiry usually discloses that those who
are most deeply involved are the leaders in the politico- criminal malpractice. If the
wages are too low to attract men who are capable of effective service, then it is the
administrator duty to present the facts to the proper authorities for correction and
adjustment.
3. Laws are weak

If the laws are weak and new legislations are necessary, then the
administrators must see that the proposed solutions are properly placed before the
legislature for consideration and correction.
4. Public Apathy

Public support is the end product of faithful, honest and effective law
enforcement for the people in the community. Public support must originate with the

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people. It is a fundamental responsibility of police administrators to clean their own
ranks and must deal with the problems directly, promptly and effectively. Otherwise,
the impatient citizenry may take upon themselves to do the job for them.
5. Failed to cope with increasing crime

Although the past many years of police development have record distinctive
achievements, police services have apparently failed to cope with increasing crime.
Despite of substantial addition of personnel at all levels of police service, statistics
show continuing increases in criminal offenses and anti- social acts.

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Chapter II
TOPIC 1: SELECTED POLICE MODEL

ASEAN POLICE MODELS

1. JAPAN POLICING SYSTEM

Official Name: Keisatsu Seido (Japan Police Force)


Agency: Prime Minister

Organizational Structure:

1. National Public Safety Commission (NPSC)


2. National Police Agency (NPA)
3. Regional police Bureaus
4. Prefectural Police headquarters
5. Local and City Police Station
6. Local Police Post

1. National Public Safety Commission (NPSC)


Role of NPSC:
a. Supervises the NPA
b. Makes basic policy
c. Has control over the NPA
Composition of the NPSC
1. Chairman with the rank of Minister State
2. Five members appointed by the prime minister

2. National Police Agency (NPA)


Role of NPA:
a. Determines general standards and policies

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b. Take command of prefectural police forces in case of national
emergency or large-scale disaster
Head of NPA: Commissioner General appointed by NPSC with the
approval of prime minister.

3. Regional Police Bureaus (RPB)

Regional Bureaus are local agencies maintained by NPA. These are


subordinate to the NPA.

Role of RPB:

1. Exercise control and supervision over prefectural police within its jurisdiction.
2. Provide support services to prefectural police within its jurisdiction.

Head of RPB: Director General

Seven (7) Regional Police Bureaus

1. Tohuko
2. Kinki
3. Shikoku
4. Kanto
5. Chubu
6. Jyushu
7. Chugoku

Note: Regional Police Bureau is under the supervision of National Police Agency .

4. Prefectural Police

Prefectures refers to Japan sub-national jurisdiction. In Japanese, they are


referred to as todofuken. Prefectures are governmental bodies larger than cities,
towns, and villages.

Todofuken means
To- one metropolis, Tokyo

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Do- on circuit, Hokkaido
Fu- two urban prefectures, Osaka and Kyoto
Ken- 43 other prefectures

Head of the Prefectural Police Headquarters : Chief Superintendent

Important Terms in Japan Policing System


 Keihoryo (Police Bureau)
 Dual Policing System- used by the National Rural Police and he
municipal police.
 Law of 1954 – the law or re-organization of Japan Policing System.
 Koban (Police Boxes)- these are police post located in neighborhood near
major transportation hubs and shopping areas and in residential districts.
They form the first line of police response to the public.
 Chuzaisho (Residential Police Boxes)- serves as community safety center
for local residents.

Role of Police in Japan


The duties of the police in Japan are stipulated by the Police Law as
“Protecting the life, Person and property of an individual citizen, Preventing,
Suppressing and investigating crimes, controlling traffic and also maintaining public
safety and order”.

VIP’s in Japan Policing System


 Prefectural – means of district, metropolitan, in deployment of police force
in Japan.
 Parliamentary – Form of government in Japan
 Keishi-sokan -Superintendent General
 Keishi-kan- Superintendent Supervisor
 Keishi-cho -Chief Superintendent
 Keishi-sei- Senior Superintendent
 Keishi- Superintendent
 Keibu- Police Inspector
 Keibu-ho-Assistant Police Inspector
 Junsa-bucho (Police Sergeant
 Junsa- Policeman
 Junsa-cho – Senior Policeman

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Note: The Commissioner-General of the NPA also has the status of a police officer
and functionally holds the highest position in the Japanese police forces but he does
not have a police rank. Keishi-sokan is the term for the highest rank of police officer,
and also the title of the head of the Tokyo Metropolitan Police Department.

2. SINGAPORE POLICING SYSTEM

Official name – Singapore Police Force (formerly known as Republic of Singapore Police)
Organization’s Structure – Line and Staff

Important Terms in Singapore Policing System

a. 11 man – considered as the number of origin for Singapore Police Force


b. Warrant Card- issued to every police officer in Singapore which is an evidence
of appointment.
c. Commissioner of Police- top ranking police officer of the Singapore Police
Force.
d. Constable- lowest rank in the Singapore Police Force.

Ranking System in Singapore Police Force


In Singapore there are two categories of ranking.
1. Junior Police Officers – Senior Station Inspector 2

2. Senior Police Officers – Commissioner of Police

3. POLICE SYSTEM OF HONG KONG

Official Name: Hong Kong Police Force


Agency: Ministry of Home Affairs under Security Bureau of HongKong
Organizational Structure: ‘A’ Department (Operations and Support)
‘B’ Department (Crime and Security)
‘C’ Department (Personnel and Training)
‘D’ Department (Management Services)

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Important Terms in Hong Kong Police Policing System

a. Considered as ASIA’S FINEST in Policing System


Reason: recognized as being Safest Country in the World and gathered
the title of LOW CRIME RATE COUNTRY.
b. World’s Second in Modern Policing System and First among Asia’s
Country.

Ranking System in HongKong Police Force


Top Most Rank: Commissioner of Police
Lowest Rank: Police Constable
Note: no classification of rank

4. MALAYSIA POLICING SYSTEM

Official Name: Royal Malaysian Police


Structure: Security Forces
Duties: Traffic control and intelligence gathering

Important Terms in Malaysia Policing System

a. Rakan Cop- a community outreach program launched in 9 August 2005.


b. Inspector-General of Police (IGP)- led the police force in Malaysia
c. Gazetted – Commissioned
d. Non-gazetted – Non-Commissioned

Ranking System in Malaysia Police Forces


Ranking Categories:
1. Senior Officers – Inspector General of the Police
2. Gazetted Officers – Senior Assistant Commissioner of Police II (SAC
II)
3. Non-gazetted Officers – Inspector
4. Rank in file officers – Sub-Inspector

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5. Subordinate Officers – Sergeant
Note: Constable is the lowest rank in Malaysia Police Force which is
equivalent to Patrolman in PNP.

5. INDONESIA POLICING SYSTEM


Official Name: Indonesian National Police
Agency: under the Office of President
Structure: smaller than their total population

Important Terms in Indonesia Policing System

a. Markas Besar/ Mabes – term for their headquarters


b. Kamra – trainees which serves as police auxiliary
c. Polri – refers to Police/ Cop
d. Bhayangakara –refers to an Officer

Ranking System in Indonesia Police Force


Indonesia Police Force Categories of Ranking
1. High ranking officers – Police General

2. Mid rank officers – Police Grand Commissioner

3. Low rank officers – Police Commissioner Adjutant

4. Warrant officers – First Police Inspector Adjutant

5. Non-commissioned officers – Chief Police Brigadier

6. Enlisted –Second Bhayangkara

Note: Second Bhayangkara have an equivalent of Patrolman in PNP.

6. INDIA POLICING SYSTEM


Official Name: Indian Police Service or State Police Service
Agency : Director Intelligence Bureau
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Ranking System in India Police Force
1. Gazetted – headed by the Commissioner of Police as a Chief and Assistant
Superintendent of Police as the lowest rank in Gazetted Officers

2. Non- Gazetted – belongs the Inspector of Police as the most Senior and
Police Constable as the Lowest rank in India Police Service.

7. Thailand Policing System


Official Name : Royal Thai Police (RTP)

Important Terms in Thailand Policing System


a. Tamruat – term for Police
b. Waghyaian – term for Chief
c. RTP – Royal Thai Police
Note: The RTP categorized into two officers:Commissioned and
Non- Commissioned
d. Policeman/Constable – the lowest rank in RTP
e. Police General – Highest rank in RTP
Note: Policeman/Constable having an equivalent of Patrolman
in PNP.

8. China Policing System


Official Name: National Police Agency
Agency: Ministry of the Interior, Republic of China

Ranking System in China Policing System


a. Police Rank 4 – lowest rank in NPA in China
b. Police Supervisor Rank Supreme – Highest Rank in NPA in China
Note: Police Rank 4 have an equivalent of Constable some other country
and Patrolman in PNP.

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POLICING SYSTEM OF OTHER COUNTRIES

9. UNITED STATES POLICING SYSTEM

Official Name: Federal Law Enforcement Officers


Agency: under the Department of Public Safety
Structures : Paramilitary
Note: United States Policing System is the basis of implementation of vital policing
system in the world.
Ranking System in United States Police Force
a. Chief of police /Police Commissioner /Superintendent/Sheriff:
- considered as the High- Ranking Official in United States Police Force

b. Officer / Deputy / Corporal - the lowest rank in Police Force.

Note: In US Detective is equivalent of Police Corporal in PNP.

10. UNITED KINGDOM POLICE

The Metropolitan Police Service (MPS) is the territorial police force


responsible for policing Greater London, excluding the “square mile” of the City of
London which is the responsibility of the City of London Police. The MPS also has
significant national responsibilities such as co-coordinating and leading on counter-
terrorism matters and protection of the Royal Family of the United Kingdom and
senior figures of HM Government.

Commissioner- the overall operational leader of the force, responsible and


accountable to the Metropolitan Police Authority.

MPS is also referred to as Scotland Yard.

Important Terms in United Kingdom Policing System

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a. Home Secretary – have an overall administrative power and control in Police
Service in England.
b. Whitehall – a hall adjacent to the Headquarters of MPS.
c. Scotland Yard – also known as MPS
d. Pip – Stone or Kernel (found on the rank insignia of Chief Superintendent

e. Metropolitan Police Service is also known as “the Met”, “Met Pol”, “MP”
and “the MPS”

11. SOVIET UNION POLICING SYSTEM


Official Name – KGB (Komitet gosudarstvennoy bezopasnosti or Committee for State
Security
Agency – Council of Ministers of the USSR
Note: Ministry of internal Affairs, (Ministerstvo Vnutrennikh Del) (MVD), KGB
and Ancillary Forces having different offices.

Important Terms in Soviet Union Policing System


a. Konsomol – called to the lowest security officers in Russia under in the
office of Ancillary Forces.
b. Ancillary Forces – known as auxiliary forces
c. KGB – the purpose of the office is the security of the State.
d. MVD – the office function is known as field security/ Troops.

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TOPIC 2: PHILIPPINE POLICING, EXTRADITION TREATY, AND
INTERNATIOL AGREEMENTS ON LAW ENFORCEMENT COOPERATION

What is a treaty?
- It is an international agreement concluded between States in written form and
governed by international law, whether embodied in a single instrument or in two or
more related instruments and whatever its particular designation.

EXTRADITION
What is extradition?
- It is the right of a foreign power, created by treaty, to demand the surrender of one
accused or convicted of a crime within its territorial jurisdiction, and the correlative
duty of the other State to surrender.

Distinguish extradition from deportation


EXTRADITION DEPORTATION
Effected at the request of the State of Origin Unilateral act of a local State
Based on offenses committed in the State of Based on causes arising in the local State
origin
Calls of the return of the fugitive to the Undesirable alien may be deported to a
State or origin State other than his own or the State of
origin

What is the basis of extradition?


- The extradition of a person is required only if there is a treaty between the State of
refuge and the State of origin. As a gesture of comity, however, a State may
extradite anyone. Furthermore, even with a treaty, crimes which are political in
character are exempted.

What are the fundamental principles governing extradition?


1. Based on the consent of the State expressed in a treaty

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2. Principle of Specialty – a fugitive who is extradited may be tried only for the crime
specified in the request for extradition and included in the list of offenses in the
extradition treaty
3. Any person may be extradited, whether he be a national of the requesting State, of the
State of refuge or of another State. He need not be a citizen of the requesting State
4. Political or religious offenders are generally not subject to extradition.
Note: Attendant clause is a provision in an extradition treaty which states that the
murder or assassination of the head of a state or any member of his family will not be
considered as a political offense and therefore extraditable.
5. The offense must have been committed within the territory of the requesting State or
against its interest
6. Double Criminality Rule – The act for which the extradition is sought must be
punishable in both States

Principle of Dual Criminality


- Under the principle of double or dual criminality, the crime must be punishable in both the
requesting and requested States to make it extraditable.

Principle of Specialty
- Under the principle of specialty in extradition, a person cannot be tried for an offense not
included in the list of extraditable offenses in the extradition treaty between the requesting
and the requested States, unless the requested State does not object to the trial of such person
for the unlisted offense.

Procedure for extradition when a foreign State requests from the Philippines
1. File/issue request through diplomatic representative with:
a. Decision of conviction
b. Criminal charge and warrant of arrest
c. Recital of facts
d. Text of applicable law designating the offense
e. Pertinent papers

2. DFA forwards request to DOJ


3. DOJ files petition for extradition with RTC
4. Upon receipt of a petition for extradition and its supporting documents, the judge
must study them and make, as soon as possible, a prima facie finding whether (a) they
are sufficient in form and substance, (b) they show compliance with the Extradition
Treaty and Law, and (c) the person sought is extraditable. At his discretion, the judge
may require the submission of further documentation or may personally examine the

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affiants and witnesses of the petitioner. If, in spite of this study and examination, no
prima facie finding is possible, the petition may be dismissed at the discretion of the
judge.
5. On the other hand, if the presence of a prima facie case is determined, then the
magistrate must immediately issue a warrant for the arrest of the extraditee, who is at
the same time summoned to answer the petition and to appear at scheduled summary
hearings. 249
6. Hearing (provide counsel de officio if necessary);
7. Appeal to CA within ten days whose decision shall be final and executory;
8. Decision forwarded to DFA through the DOJ;
9. Individual placed at the disposal of the authorities of requesting State – costs and
expenses to be shouldered by requesting State.

Note: The Philippines has extradition treaties with Australia, Canada, the Federated
States of Micronesia, Hong Kong, Indonesia, Republic of Korea, Switzerland, the
United States of America and Thailand.

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TOPIC 3: PHILIPPINE TRANSNATIONAL CRIME, ASEAN
COOPERATION, and the INTERPOL

INTERPOL (International Criminal Police Organization)

What is INTERPOL?

- Interpol whose full name is the International Criminal Police Organization is an


organization facilitating international police cooperation.

- It is the world’s largest international police organization which facilitates cross-


border police cooperation and supports and assists all organizations, authorities
and services whose mission is to prevent or combat international crimes.

INTERPOL ORGANIZATIONAL SET-UP

Interpol Organization
Common Name: Interpol

Abbreviation: ICPO

Formed: September 7, 1923

Legal Personality: Government Agency

Member Countries: 190 member countries

Governing Body: General Assembly

General Nature:
-Law Enforcement
-Civilian Agency

Headquarters: Charles de Gaulle, Lyon, France

National Central Bureaus: 187

Vision: Connecting police for a safer world


Mission: Preventing and fighting crime through enhanced cooperation and innovation on
police and security matters

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INTERPOL’S DISTINCTIVE SIGNS

The Emblem use since 1950, comprises the following elements:

 The globe- represents the worldwide activities of the INTERPOL


 The olive branches- symbolize peace
 The vertical sword- representing police action
 The scales- symbolize justice

INTERPOL’S STRUCTURE
a. General Assembly
b. Executive Committee
c. General Secretariat
d. National Central Bureaus
e. Advisers
f. The commission for the control of Interpol’s files

1. General Assembly- compose of delegates appointed by the governments of member


countries. It is the Interpol’s governing body, meets once a year and takes all the
major decisions affecting general policy, the resources needed for international
cooperation, working methods, finances and program of activities. It also elects the
organization’s executive committee.

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2. Executive Committee- it is an Interpol’s select deliberative organ which meets three
times a year usually in march, July and immediately before the general assembly.

Role of Executive Committee

 Supervise the execution of the decisions of the General Assembly


 Prepare the agenda for sessions of General Assembly
 Submit to the General Assembly any program of work or project which
considers useful
 Supervise the administration and work of the secretary general
The executive committee has 13 members comprising the president of the
organization, 3 vice- presidents and 9 delegates. These members are elected by the
general Assembly.
Note: The first Filipino President of Interpol in 1980- 1984 is Jolly Bugarin.

3. General Secretariat- the general secretariat operates 24 hours a day, 365 a year and
run by secretary general. It is located in Lyon, France. It has seven regional offices
across the world, in Argentina, Cameroon, Cote d’ Ivoire, El Salvador, Kenya,
Thailand and Zimbabwe. Officials in General Secretariat works in four official
languages: Arabic, English, French and Spanish.

Secretary general- appointed by the General Assembly for a period of 5 years. The
secretary general is effectively the organization’s chief full time official. Responsible
for seeing the day-to- day work of international police cooperation and
implementation of the decisions of the general Assembly and Executive Committee.

4. National Central Bureaus- each Interpol member country maintains an NCB staffed
by national law enforcement officers. It is the designated contact point for the general
Secretariat, regional offices and other member countries requiring assistance with
overseas investigations and the location and apprehension of fugitives.

The Interpol National Central Bureau – Manila

a. Dir. Gen. PNP- Chairman


b. Dir. NBI- member
c. Commissioner, Bureau of Customs- Member
d. Commissioner, BIR- member
e. Commissioner, Bureau of Immigration- Member

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f. Governor, BSP – member
g. Executive Dir. DDB- Member
h. Commissioner, EIIB- member

The first four were designated by the president, and the last four were
unanimously chosen by members of the National Law Enforcement Coordinating
Committee (NALECC) as authorized by the president through NALECC resolution
93- 10 dated July 21, 1993.

5. Advisers- these are experts in advisory capacity appointed by the Executive


Committee and confirmed by the general Assembly.

6. Commission for the Control of Interpol’s Files (CCF)- an independent body whose
mandate is threefold:

 To ensure that the processing of personal information by INTERPOL


complies with the organization’s regulations.
 To advise INTERPOL on any project, operation, set of rules or other matter
involving the processing of personal information and
 To process requests concerning the information contained in Interpol’s files.
Roles of Interpol
• To ensure and promote the widest possible mutual assistance between all criminal
police authorities within the limits of the laws existing in the different countries and in
the spirit of the Universal declaration of the Human Rights.
• To establish and develop all institutions likely to contribute effectively to the
prevention and suppression of ordinary law crimes.
FOUR CORE FUNCTIONS OF INTERPOL
1. Secure Global Communication Services-

What is the I-24/7?

The I-24/7 dashboard/ system is a unique gateway that provides access to


INTERPOL databases and contains a wealth of expert information on a variety of
crime issues.

2. Operational data services and databases for police- provides access to members on
different databases which includes information on known criminals, fingerprints,
DNA profiles and stolen or lost travel documents.

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INTERPOL’s databases include:
a. ASF Stolen/ Lost Travel Documents (SLTD) Database
b. Automated Fingerprint Identification System (AFIS)
c. DNA

3. Operational police support services- provides law enforcement officials in the field
with emergency support and operational activities. A command and coordination
center that operates 24 hours a day, seven days a week and can deploy an Incident
Response Team to the scene of a serious crime or disaster.
INTERPOL’s support services include:

a. INTERPOL’s Command and Coordination Center


b. Incident Response Team
c. INTERPOL Network of Experts
d. INTERPOL Vulnerable Targets Referral Centre
e. INTEROL Major Event Support Teams
f. The INTERPOL Notices System
g. The Fusion Task Force
h. Criminal Analysis Unit

INTERPOL’S NOTICES

Red Notice

To seek the arrest or


provisional arrest of
wanted persons with a
view to extradition.

Blue Notice

To locate, identify or
obtain information on a
person of interest in a
criminal investigation.

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Green Notice

To warn about a
person's criminal
activities if that person
is considered to be a
possible threat to public
safety.
Yellow Notice

To help locate missing


persons, often minors,
or to help identify
persons who are unable
to identify themselves.
Black Notice

To seek information on
unidentified bodies.

Orange Notice
To warn of an event, a
person, an object or a
process representing an
imminent threat and
danger to persons or
property.

Purple Notice

To provide information
on modus operandi,
objects, devices and
concealment methods
used by criminals.

Samples of INTERPOL Notice System


Red Notices 36 (Wanted persons)

IVLER, JASON
Age today: 32 years old
Nationality: United States

MARRON, MICHELLE

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Age today: 40 years old
Nationality: Philippines

Yellow Notices 4 (Missing persons)

CANARE, ROSARIO GANZON


Age today: 49 years old
Nationality: Philippines

HEIDE ANGELITA PANNY


Age today: 40 years old
Nationality: Philippines

4. Police training and development- provides focused police training initiatives with
the aim of enhancing the capacity of member countries to effectively combat
transnational crime and terrorism. This includes sharing knowledge, skills, and best
practices in policing and establishing global standards.

The Role of INTERPOL in Crime Control


1. Drug Control
2. Children and Human Trafficking
3. Environmental Crime

INTERPOL’s fight against International Terrorism


INTERPOL’s twofold role in combatting terrorism:
1. To prevent acts of international terrorism; and
2. To ensure that perpetrators are brought to justice

INTEROL Manila, Philippine Center on Transnational Crime (PCTC)


INTEROL Manila is an integral part of the PCTC. Its mission is to serve as the liaison
office and main coordinating body for international police cooperation on behalf of all law
enforcement agencies in the Philippines.

NCB- INTERPOL Manila


The National Central Bureau is handled by the headquarters of the Criminal Police
Organization of a member State.

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On February 15, 1993, the President of the Philippines issued Memo. Order Nr. 92
designating the Philippine National Police as the INTERPOL national Central Bureau for the
Philippines, with the Chief, Philippine National police as its current chairman.

THE UNITED NATIONS

The United Nations is an international organization whose aims include promoting


and facilitating cooperation in international law , international security, economic
development, social progress, human rights, civil rights, civil liberties, political freedoms,
democracy and the achievement of lasting world peace.
The UN was founded in 1945 after World War II to replace the League of Nations, to
stop wars between countries and to provide a platform for dialogue. It contains multiple
subsidiary organizations to carry out its missions.
At its founding, the UN had 51 member states: as of 2011 there 193 members. The
UN’s most prominent position is that of the office of Secretary- General which has been held
by Ban Ki- moon of South Korea since 2007.
SIX PRINCIPAL ORGANS OF UN
1. General Assembly- the main deliberate assembly
2. The Security Council- decide certain resolutions for peace and security
3. The Economic and Social Council- assists in promoting international economic and
social cooperation and development.
4. The Secretariat- provides studies, information and facilities needed by the UN.
5. The International Court of Justice- the primary judicial organ
6. UN Trusteeship Council- administer trust territories (currently not active)

UN CONVENTION AGAINST TRANSNATIONAL CRIME


The convention represents a major step forward in the fight against transnational
organized crime and signifies the recognition of UN member states that this is a serious and
growing problem that can only be solved through close international cooperation.
The convention concluded at the 10th session of the Ad Hoc Committee established by the
general assembly to deal with this problem, is a legally binding instrument committing States
that ratify it to taking a series of measures against transnational organized crime.
UN follows the following protocols:
Palermo Protocols:

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1. Protocol to prevent, suppress and punish Trafficking in Persons, especially women
and children, supplementing the United Nations Convention against Transnational
Organized Crime
2. Protocol against the Smuggling of Migrants by land, air and sea, supplementing
the United Nations Convention against Transnational Organized Crime
3. Protocol against the Illicit Manufacturing of and Trafficking Firearms, their parts
and components ammunition, supplementing the United Nations Convention
against Transnational Organized Crime

PARTICIPATION OF PNP PERSONNEL IN UN PEACEKEEPING MISSIONS

1. Peacekeeping is defined by the United Nation as a unique and dynamic instrument


developed by the organization as a way to help countries torn by conflict create the
conditions for lasting peace.
2. Peace keepers monitor and observe peace processes in post- conflict areas and assist
ex- combatants in implementing the peace agreements they may have signed.
3. Accordingly, UN peacekeepers (often referred to as the Blue Beret because of their
light blue berets or helmets) can include soldiers, police officers and civilian
personnel.

PNP INTERNATIONAL DEPLOYMENT

CAMBODIA: 1992-1993
-Unite Nations Transitional Authority in Cambodia (UNTAC)
HAITI: 1994-1995; 2004-present
-Operation Uphold Democracy in Haiti – International Police Monitors Component
EAST TIMOR: 1999-2002
- UN Mission in East Timor (UNAMET)
- UN Transitional Administration in East Timor (UNTAET

TIMOR-LESTE: 2002–present
-UN Mission of Support in East Timor (UNMISET)
-UN Office in Timor-Leste (UNOTIL)
-UN Integrated Mission in Timor-Leste (UNMIT)

KOSOVO: 1999-2009
-UN Interim Administration Mission in Kosovo (UNMIK)

IRAQ: 2003-2004
-Philippine Humanitarian Contingent in Iraq (PHCI)

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LIBERIA: 2004–present
- UN Mission in Liberia (UNMIL)

AFGHANISTAN: 2004–2009
- UN Assistance Mission in Afghanistan (UNAMA)

THE SUDAN (Southern): 2005–present


- UN Mission in the Sudan (UNMIS)

-CÔTE D'IVOIRE: 2005-07


-l'Opération des Nations Unies en Côte d'Ivoire/
- UN Operation in Côte d'Ivoire (ONUCI)

NEPAL: 2007-2008
-UN Mission in Nepal (UNMIN)

GEORGIA: 2007–2009
-UN Observer Mission in Georgia (UNOMIG)

LEBANON: 2008
-UN Independent International Investigation Commission in Lebanon (UNIIIC)

THE SUDAN (Western): 2008–present


-UN-African Union Hybrid Mission in Darfur (UNAMID).

Among the luminaries of the PNP Contingent is Police Director Rodolfo A Tor, who
became the first Filipino police commissioner of a UN operation. In 2006, he was tasked to
head the UN Integrated Mission in Timor-Leste, one of the largest civilian police operations
established by the UN. The PNP Contingent's first female member was noncommissioned
Senior Police Officer 2 Ester A Mardicas (deployed to East Timor in August 1999), while
its first female police commissioned officer was Police Inspector Aurisa I Mitra (deployed
to Kosovo in July 2000).

The PNP Contingent has no fatalities in the line of fire. The 1993 deaths of Senior
Police Officers 4 Winston Zerrudo and Edilberto Evangelista, both UNTAC Police, were due
to non-hostile causes.

As of 30 June 2010, the PNP Contingent has sent 1,600-plus police officers to UN
and other international peace support operations and humanitarian relief missions. Several
police officers have been deployed more than once in their careers. It has delivered an
estimated minimum of 3.5 million woman-hours in the mission areas.

The PNP Contingent awaits the deployment of the Philippine Formed Police Unit, or
FPU, of which creation was approved by the National Police Commission in 2006.

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SELECTION, QUALIFICATION AND TERMS OF DEPLOYMENT

Coverage of the UNSAT Pre qualifying


1. Examination will be as follows:
a. 1st stage written examination
-Reading comprehension, Listening comprehension and Report
Writing
b. 2nd Stage
- Driving Proficiency Test
c. 3 Stage
rd

- Firing Proficiency Test

2. Age Requirement

All applicants must not be less than twenty -five years (25) old or more fifty –
three (53) years old upon actual deployment.

3. Rank Requirement
a. For Police Commissioned Officer (PCOs): Only those with the rank of Police
Senior Inspector, Police Chief Inspector or Police Superintendent are allowed to
apply.

b. For Police Non- Commissioned Officer (PNCOs): Only those within the rank
bracket of Police Officer 3 to Police Officer 4 are allowed to apply.

c. All applicants must have been appointed in permanent status in their respective
present ranks.

4. Service Requirement

All applicants must have attained a minimum of five (5) years of active police
service (excluding cadetship, officer orientation/ trainee course and police basic
course) by the first day of the UNSAT examination.

ASEAN ASSOCIATION OF CHIEFS OF POLICE (ASEANAPOL)

1998- ASEAN Chief of police was established.

OBJECTIVE OF ASEANAPOL

a. Enhance police professionalism


b. Forge stronger regional cooperation in policing
c. Promote lasting friendship amongst police officers of member countries

37
OBJECTIVES AND FUNCTIONS OF THE SECRETARIAT

OBJECTIVES

a. Ensure the effective implementation of all resolutions adopted at the


ASEANAPOL Conferences;
b. Serve as a coordination and communication mechanism to allow members to
establish and to maintain all channels of interaction amongst members;
c. Foster mutual assistance and cooperation amongst members; and
d. Endeavour to increase regional cooperation efforts against transnational crime.

FUNCTIONS

a. Prepare and implement work plans for effective implementation of all the
resolutions adopted in the annual Joint Communiqués signed at the
ASEANAPOL Conferences;
b. Facilitate and coordinate cross-border cooperation on intelligence and
information sharing and exchange;
c. Facilitate and coordinate joint operations and activities involving criminal
investigations, the building and maintenance of the ASEANAPOL database,
training, capacity building, the development of scientific investigative tools,
technical support and forensic science;
d. Provide support and necessary assistance in organizing the ASEANAPOL
Conferences;
e. Submit on a quarterly basis to the Chiefs of ASEAN Police Forces proposals
on all planned programmed and activities to be carried out;
f. Prepare an annual report on its activities and expenditure to be presented to the
ASEANAPOL Executive Committee immediately before the ASEANAPOL
Conference, and distributed to all members and to the ASEANAPOL
Conference; and;
g. Act as a custodian of all documents and records of ASEANAPOL

MEMBER COUNTRIES OF ASEANAPOL

1. Indonesia
2. Malaysia
3. Philippines
4. Singapore
5. Thailand
6. Brunei Darussalam
7. Vietnam
8. Laos PDR
9. Myanmar
10. Cambodia

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The following are channels of global bilateral and multilateral international cooperation
against transnational crime:

a. Global multi- lateral cooperation via Interpol;


b. Bilateral police cooperation agreements with individual states;
c. European multilateral cooperation via Europol

References:

Depayso- Poschor, V., Comparative Police Systems. (2017). Wiseman Books Trading Inc.
San Diego, Calima, Manwong. Compendium on Criminal Justice Education. (2012)
Wiseman Books Trading Inc.
Garcia, M. A., Comparative Police System. (2011) Wiseman Books Trading Inc.
Petralba, Atty. Pepita Jane A., Hornbook on International and Philippine Human Rights Laws
(2013) QC: Rex.
UST Golden Notes

Compiled by: Lorie S. Henderin, MSCJ


Course Facilitator

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