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LEA 104 Comparative Models in Policing.pptx
LEA 104 Comparative Models in Policing.pptx
LEA 104 Comparative Models in Policing.pptx
Models in
Policing
By Jhason Rodriguez
CHAPTER 1
INTRODUCTION
Learning Objectives:
At the end of the chapter, the student will be able to:
• Discuss what policing entails, as well as understand
various comparative police models and comparative
criminal justice systems;
• Present the different types of criminal justice systems;
• Comprehend the various types of police models; and
• Recognize the diverse classifications of police operational
styles.
Most of us are relatively familiar with the general
operations of the components of criminal justice process –
the law enforcement, the prosecution, the courts, the
corrections system, and the community, as well as the
important roles of local and national governments in
maintaining order. However, we are often unable to answer
what it is about these institutions that make them work as
agents of social control. Once the law has been violated, it
is the responsibility of formal social control agents, such as
law enforcement officers, to enforce the law.
This chapter introduces the basic terminologies
related to policing, types of criminal justice systems in
the world, police models and operational styles.
Definitions
• Policing. According to Manning (1977), policing literally
means, "controlling, monitoring, tracking, and altering, if
required, public conduct". Its core concept is identified by its
relation with the potential use of force in ensuring obedience
to the law, within the rule of law.
• Comparative Police System. This refers to 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. This pertains to the sub-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 System. It is characterized by strong
adversarial procedures and relies upon oral evidence in
which the public trial is a main focal point; also known
as “Anglo-American Justice” and adopted in most
English- speaking countries.
2. Civil Law System. This system exists throughout
European countries. It is characterized by a 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“
3. Socialist System. This system can be characterized by
procedures designed to rehabilitate or retrain people into
fulfilling their responsibilities to the State. It is the
paramount expression of positive law designed to move
ahead toward the perfection of the State and mankind. The
administrative officials, not legal officials, who make most
of the decisions in the administration of justice. This is also
known as the Marxist-Leninist Justice and practiced in
Africa and Asia.
4. Islamic System. In this system, procedures and practices in
the administration of justice are derived from the
interpretation of the Holy Qur'an. Generally, the Islamic
System is characterized by the absence of positive law2 and
is based more on the concept of natural justice or customary
law or tribal traditions, where crimes are considered as an
acts of injustice that conflict with tradition. Religion plays a
significant role to the extent of theocracy, where the country
is ruled by religious leaders.
Types of Police Systems
in the World
1. Fragmented Police System - This system, which is found in
the United States of America, is directly attributed to the
federated nature of the political system and local
communities asserting their right to home rule.
2. Combined Police System - This system is marked by the
national and local governments cooperating and sharing in
the responsibility for establishing a police service. England's
police organization is an example of this system.
3. National Centralized Police System - In this system, the
central government creates a national police force for the
community. This was originated in Rome and found in
democratic countries like France as well as in some non-
democratic countries.
Classification of Police
Operational Styles
1. As to law enforcement styles:
a. Legalistic, where emphasis is on violations of law and the use
of threat or actual arrest to solve disputes in the community. In
theory, the more arrests that are made, the safer the community
will be. This style is often found in large metropolitan areas.
b. Watchman, where 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. This style is
commonly found in lower socioeconomic communities.
c. Service, where emphasis is on helping the community as
opposed to enforcing the law. Referrals and diversion to
community treatment agencies are common instead of arrest
and formal court action. This style is most likely found in
wealthy communities.
2. As to the degree of commitment to maintaining
order and respect for due process
a. Enforcers, where emphasis is on order, with little respect
for due process.
b. Idealists, where emphasis is on both social order and due
process.
c. Optimists, where emphasis is on due process, with little
priority given to social order.
d. Realists, where little emphasis is given to due process or
social order.
3. As to the way police officers use their authority and
power in street police work.
a. Professional, where police officers have the necessary
passion and perspective to be valuable police officers.
b. Enforcers, where police officers have passion in
responding to human problems but do not recognize limits
on their power to resolve them.
c. Reciprocators, where police 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.
d. Avoiders, where police officers have neither passion nor
perspective, resulting in no intellectual recognition of
people's problems and no action to resolve them.
CHAPTER 2
GLOBALIZATION AND ITS EFFECTS TO
POLICING
Learning Objectives:
Directorates:
1. Directorate for Support Services (DSS) – performs its
functions through its Administrative Divisions, Security
Service Division, and Budget and Finance Division
2. Directorate for Operations (DO) — performs its
functions through its Case Management Division,
INTERPOL Command and Coordination Division,
Capacity Building Division, and Investigation and
International Notices Division Fugitive
3. Directorate for Research (DR) – performs its functions
through its six (6) Division namely:
a. Public Safety and Terrorism Division
b. Drugs and Criminal Organization Division
c. Financial And High-Tech Crimes Division
d. Special Crimes Division
e. Human Trafficking and Smuggling Division
f. Information and Technology Division
4. Directorate for Plans and Policies - performs its
functions through its three (3) Division namely: a)
a. Strategic Research Division
b. Policy Formulation Division
c. International Cooperation Division
Legislative Responses Against Specific Transnational Crimes
1. Public Safety and Terrorism: RA 9372 - Human Security
Act of 2007; RA 6969 - Toxic Substances and Hazardous
and Nuclear Waste Control Act of 1990; PD 532 – Anti –
Piracy and Anti-Highway Robbery Law of 1974; PD 1866 as
amended by RA 8294 - Decree Codifying the Law on
Illegal/ Unlawful Possession, Manufacture, Dealing In,
Acquisition or Disposition of Firearms, Ammunition and
Explosives; RA 9851 – Philippine Act on Crimes against
International Humanitarian Law, Genocide, and Other
Crimes Against Humanity; and RA 10168 – Law that
Punishes Terrorist Financing
2. Trafficking of Human Beings: RA 9208 - Anti-Trafficking
in Persons Act of 2003; RA 8042 - Migrant Workers and
Overseas Filipino Workers Act (Illegal Recruitment); RA
8043 - Inter – Country Adoption Act; RA 6955 – Anti Mail
Order Bride Act; RPC, Article 272 - Slavery; and RPC,
Article 341 - White Slave Trade
3. Financial and High-Tech Crimes: RA 9160 as amended
by RA 9194, RA 10167 & RA 10365 Anti-Money
Laundering Act of 2001; RA 8484 Access Devices
Regulation Act; RA 8792 - Electronic Commerce Act of
2000; RA 4200 - Anti - Wire Tapping Law; RA. 10175 -
Cybercrime Act of 2012.
4. Drug Trafficking/Smuggling: RA 9165 – The
Comprehensive Dangerous Drug Act of 2002 as
amended by RA 10640
PNP Agreements with ASEAN Police Organizations
1. Memorandum of Understanding (MOU) between the PNP and
KNPA; September 10, 2013 in South Korea which covers
cooperation in crime information exchange, capacity building,
exchange in law enforcement technology, studies on the
prevention and control of illicit drug trafficking, terrorism, arms
smuggling, human trafficking, cybercrimes, money laundering,
international economic crimes and banking offenses, and forgery,
among others. It also provides establishment of Police Liaison
Desks in the PNP and KNPA to facilitate police assistance to
Filipino nationals.