INTRODUCTION

The need for policing

The fundamental principles of policing remain as valid today as they were a hundred
years ago: keeping the peace, enforcing the law, and protecting property. While these
principles remain central to any society, the nature of society has evolved and
changed, altering both challenges facing police forces around the world, and the
mechanisms available to combat those challenges.

A number of factors combine to increase the complexity of the current policing

landscape:

1.
1.
1. Crime has become increasingly global and sophisticated in
nature.
2. Public expectation has grown.
3. Global austerity challenges have increased budgetary constraints
and enforced new levels of financial accountability.

Origin of the word "Policing"

The word ‘policing’ is etymologically related to ‘politics’, the governance of the city
or state, and was used in broad terms to signify social regulation in the widest sense.

‘Policing’ did not come to be associated with the particular activities of a specific
institution (the police) until relatively recently in many societies.

The Greek "politeia" meant all matters affecting the survival and well-being of the
state (polis). The word and the idea were developed by the Romans (the Latin
politia can be translated as the state), largely disappeared with their Empire, but were
resurrected in the medieval universities to justify the authority of a prince over
his territories. By the early eighteenth century in continental Europe la police and die
Politzei were being used in the sense of the internal administration, welfare,
protection, and surveillance of a territory. The word ‘police’ was not popular in
England as it smacked of absolutism … but the word was increasingly used
towards the end of the eighteenth century. (Emsley, 1996)

What is policing?

According to the Dictionary, policing is defined as :

 
o
 the maintenance of law and order by a police force.
 to regulate, control, or keep in order by or as if
by means of police.

SU (2014) distinguishes between police, policing, and policing actors:

 Police: the civil institution of a state, responsible for the prevention and
detection of crime, and the provision of safety and security.’
 Policing: the activities carried out by policing actors in order to maintain law
and order and provide safety and security.’
 Policing actors: the range of state, local and non-state providers in fragile and
conflict-affected states who carry out policing.’ (SU, 2014, p. 12)

GENERAL ROLES OF POLICING

1. Maintaining public order and safety

2. Enforcing the law
3. Preventing, detecting, and investigating criminal activities.

GENERAL SOURCES OF AUTHORITY

The authority of government comes either from the people or from some source above
and beyond the people. This section discusses briefly provides comparison of the
primary difference between the ancient and modern concepts of the sources of
governmental authority.

Ancient concept

- The ancient concept was that the authority of government came from a source above
and beyond the people. Most often, the source was heredity; the king ruled because he
was the son of the previous king. Sometimes the source was conquest; might makes
right. Oft-times, the ruler cited "god" as the source of his authority to compel people
to obey him; he claimed to be either god or the direct and chosen representative of god
on earth. But whatever the claimed source for the authority of government may have
been, at least it was almost never the people themselves. Their function was to obey
the government and even to worship it.
Modern concept

- That is, government derives its legitimate authority from the people. No person has
any right by birth (or any mandate from God) to rule over others. Might does not
make right. And neither the institution nor the officials of government should ever be
worshiped.

According to our forefathers, individual persons have natural and inherent rights. The
purpose of government is to protect those rights. And the powers not specifically
delegated to the government for that purpose are retained by the people themselves.
Further, when government exceeds its proper function and attempts to deprive persons
of their natural rights, the people are fully justified in rebelling and establishing a new
government.

Keep in mind that the states can organize their governments most any way they
choose. However, all state governments use the same structure as the federal
government. This means that the states each have three branches of government:

 The executive branch

 The legislative branch
 The judicial branch

In the Philippines, the government seeks to act in the best interests of its citizens
through this system of check and balance. It is a republic with a presidential form of
government wherein power is equally divided among its three branches: executive,
legislative, and judicial. The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority emanated from them.
T

here are three inherent powers of government by which the state interferes with the
property rights, namely-

(1) police power

(2) eminent domain, [and]

(3) taxation.

These are said to exist independently of the Constitution as necessary attributes of

sovereignty.
INHERENT POWERS OF THE STATE

Police Power

o Police power is defined by Freund as 'the power of promoting the public

welfare by restraining and regulating the use of liberty and property' (Quoted in
Political Law by Tafiada and Carreon, V-11, p. 50).
o It is usually exerted in order to merely regulate the use and enjoyment of
property of the owner. If he is deprived of his property outright, it is not taken
for public use but rather to destroy in order to promote the general welfare. In
police power, the owner does not recover from the government for injury
sustained in consequence thereof (12 C.J. 623).
o It has been said that police power is the most essential of government powers,
at times the most insistent, and always one of the least !imitable of the powers
of government (Ruby vs. Provincial Board, 3 9 Phil. 660; le hong vs.
Hernandez, L-7995, May 31, 1957). This power embraces the whole system of
public regulation (U.S. vs. Linsuya Fan, 10 Phil. 104). The Supreme Court has
said that police power is so far-reaching in scope that it has almost become
impossible to limit its sweep. As it derives its existence from the very existence
of the state itself, it does not need to be expressed or defined in its scope. Being
coextensive with self-preservation and survival itself, it is the most positive and
active of all governmental processes, the most essential, insistent and
illimitable. Especially it is so under the modern democratic framework where
the demands of society and nations have multiplied to almost unimaginable
proportions. The field and scope of police power have become almost
boundless, just as the fields of public interest and public welfare have become
almost all-embracing and have transcended human foresight. Since the Court
cannot foresee the needs and demands of public interest and welfare, they
cannot delimit beforehand the extent or scope of the police power by which and
through which the state seeks to attain or achieve public interest and welfare.
(Ichong vs. Hernandez, L- 7995, May 31, 1957).
o The police power being the most active power of the government and the due
process clause being the broadest limitation on governmental power, the
conflict between this power of government and the due process clause of the
Constitution is oftentimes inevitable.
o It will be seen from the foregoing authorities that police power is usually
exercised in the form of mere regulation or restriction in the use of liberty or
property for the promotion of the general welfare. It does not involve the taking
or confiscation of property with the exception of a few cases where there is a
necessity to confiscate private property in order to destroy it for the purpose of
protecting the peace and order and of promoting the general welfare as for
 instance, the confiscation of an illegally possessed article, such as opium and
firearms. 10 (Boldfacing and italicization supplied)
o It is very clear that taking under the exercise of police power does not require
any compensation because the property taken is either destroyed or placed
outside the commerce of man.

Eminent Domain

o the highest and most exact idea of property remaining in the government' that
may be acquired for some public purpose through a method in the nature of a
forced purchase by the State.
o It is a right to take or reassert dominion over property within the state for public
use or to meet the public exigency.
o It is said to be an essential part of governance even in its most primitive form
and thus inseparable from sovereignty. The only direct constitutional
qualification is that 'private property should not be taken for public use without
just compensation.' This proscription is intended to provide a safeguard against
possible abuse and so to protect as well the individual against whose property
the power is sought to be enforced.
o In order to be valid, the taking of private property by the government under
eminent domain has to be for public use and there must be just compensation.

Power of Taxation

o An inherent power of the state exercised through legislature, to impose burdens

upon subjects and objects within its jurisdiction, for the purpose of raising
revenues to carry out the legitimate objects of the government.

o Theories of Comparative Policing

According to Scheider (2001), the various theories that exist with empirical
support are the following theories of comparative criminology:
1. Alertness to crime theory - is that as a nation develops, people’s alertness to
crime is heightened, so they report more crimes to the police and also demand
the police become more effective at solving crime problems.
 2. Economic or migration theory - is that crime everywhere results from
unrestrained migration and overpopulation in urban areas such as ghettos and
slums.
3. Opportunity theory - is along with higher standards of living, victims become
more careless of their belongings, and opportunities for committing crime
multiply.
4. Demographic theory - is based on the event of when a greater number of
children are being born because as these baby booms grow up, delinquent
subcultures develop out of the adolescent identity crisis.
5. Deprivation theory - Holds that progress comes with rising expectations, and
people at the bottom develop unrealistic expectations while people at the top
don’t see themselves rising fast enough.

o 6. Modernization theory - Sees the problem as a society becoming too complex.

7. Theory of anomie and synomie - suggests that progressive lifestyle ad norms
disintegrate older norms that once held people together (anomie).

Introduction to Innovative Policing

REASONS FOR INNOVATIVE POLICING

 Crime has become sophisticated and global in nature

 The public expectation has grown
 Global austerity challenges have increased budgetary constraints and enforced
new levels of financial accountability.

EXAMPLES OF INNOVATIVE POLICING

COMMUNITY POLICING

 The partnership between the community and law enforcement agencies,

especially the police
 Two main components: Community Partnership and Problem Solving

For example:

There is a rapid increase in robbery in Barangay Simnget. Hence, the municipal police
station of Sablan gathered all barangay officials to discuss the problem and gather
suggestive solutions and propose their own policing method to address the problem.

BROKEN WINDOW THEORY

  James Wilson and George Kelling
 “one unrepaired broken window is a signal that no one cares, and so breaking
more windows costs nothing.”

PROBLEM-ORIENTED POLICING

 The utilization of SARA to solve crimes

PULLING LEVERS POLICING

 Selecting a particular crime problem (such as youth homicide);

 Developing a response to offenders or groups of offenders that uses a variety of
sanctions (“pulling levers”) to stop continued violent behavior;

THIRD-PARTY POLICING

 Persuade or coerce third parties such as landlords, parents, local governments

and other regulators, and business owner in the crime prevention and
suppression

HOTSPOT POLICING

 Focusing police efforts at crime prevention in a very small geographic area

where crime concentrates.

COMPSTAT POLICING

 Computer Comparison of Statistics

EVIDENCE-BASED POLICING

 Implicates the use of research, evaluation, analysis, and scientific processes in

law enforcement decision making

REFERENCES

 Eterno, J., & Das, D.K., (2010). Police practices in global perspective. Lanham,
Md.: Rowman& Littlefield.
 Dempsey, J. S., Forst, L. S.(2008). An Introduction to policing. (4th)
Belmont,CA:Thomson/ Wadsworth.
 McLaughlin, E. (2007). The new policing. London: SAGE
 Depayso, V.P. (2014). An introduction to transnational crimes. Quezon City:
St. Andrew Publishing House.
 Bureau of Justice Association. (1994, August). Understanding Community
Policing - NCJRS. Retrieved from https://www.ncjrs.gov/pdffiles/commp.pdf
 S Department of Justice (n.d). Community Policing Defined. Retrieved
from https://cops.usdoj.gov/RIC/Publications/cops-p157-pub.pdf (Links to an
external site.)
 Wesiburd, D., & Telep, C. (2014). Hot Spots Policing. Journal of
Contemporary Criminal Justice, 200-220.