LEA 103

• Comparative models in policing

  Process of outlining the similarities and differences of one police system to another in order to discover insights in the field of international policing
• Police


  Responsible for maintaining public order and safety, enforcing the law, and preventing, detecting, and investigating criminal activities
• Origin of the word "Police"


  Traced to the French, who first used the term to describe a person authorized to implement the law. Also related to the Greek "Politeia" (government of a city or civil organization and state) and "Politia" (state or government)
• Police


  The governmental department charged with the regulation and control of the affairs of a community, now chiefly the department established to maintain order, enforce the law, and prevent and detect crime
• Theories of comparative policing

  • Demographic
  • Economic or migration
  • Anomie and Synomie
  • Deprivation
  • Alertness to crime
  • Modernization
  • Opportunity
• Demographic theory


  Based on the event when a greater number of children are being born and becomes delinquent due to various causes
• Economic or migration theory


  Crime everywhere is the result of unrestrained migration and overpopulation in urban areas such as ghettos and slums
• Anomie and Synomie theory


  Rising crime rates are caused by dysfunction in the social structure, breakdown of social control institutions, and clash of value systems
• Deprivation theory


  Holds that progress comes along with rising expectations. People whether poor or rich, are not satisfied with what they have and develop unrealistic expectations
• Alertness to crime theory

  As a nation develops, people's alertness to crime is heightened. People immediately report the crime to the police, thus the latter will swiftly act on it
• Modernization theory


  Problem in crimes is due to society becoming too complex
• Opportunity theory


  It is the physical possibility that a crime may be committed
• Theories and practices in law enforcement have been compared in several studies under diverse circumstances, the goal is to test whether the theory and practice in policing needs innovation to meet the demands of the present trends in crime fighting
• Comparative research methods


  1. Safari method (a researcher visits another country)

  2. Collaborative method (the researcher communicates with foreign researcher)
• Types of comparative policing studies

  • Single-culture studies (the police and the crime problem of a single foreign country is discussed)
  • Two-culture studies (the most common type)
  • Comprehensive textbooks (which cover three or more countries)
• Historical comparative method


  The method most often employed by researchers as the examination of crime and its control in the comparative context often requires historical perspective since the phenomena under study are seen as having developed under social, economic and political structures
• Police systems are now moving towards innovative law enforcement
• Pillars of the criminal justice system in the Philippines

  • Law enforcement
  • Prosecution
  • Courts
  • Corrections
  • Community
• Law enforcement pillar


  Consists mainly of the officers and personnel of the Philippine National Police, National Bureau of Investigation, Philippine Drug Enforcement Agency, Anti-Money Laundering Council (AMLC), Armed Forces of the Philippines, and 34 other related agencies. They deal with the citizens and are directly exposed to the criminal elements
• Prosecution pillar


  Composed of the National Prosecution Service of the Department of Justice (DOJ), Office of the Ombudsman, and the Public Attorney's Office. Their principal task is the investigation of criminal complaints emanating from the community and the law enforcement agencies and bringing these complaints to their successful prosecution in the judicial system
• Courts pillar


  Adjudicates cases and renders judgment. The Philippine Judiciary is a four-tiered court system consisting of the Supreme Court, intermediate courts, second level courts, and first level courts. The goal is not merely to adjudicate cases, but to do so in accordance with the Rule of Law and "without sacrificing the quality of justice"
• Corrections pillar


  Comprising the jails and prisons administered by the Bureau of Corrections (BUCOR), the Bureau of Jail Management and Penology, and by the local government units. It includes both institution-based corrections (prisons and jails) and community-based corrections (probation and parole)
• Community pillar


  Composed of institutions such as the Department of Social Welfare and Development, Commission on Human Rights, National Commission on Indigenous Peoples, Public Attorney's Office, barangays, civic organizations, and non-governmental organizations. They have the responsibility to assist law enforcement and the courts, and they play critical roles in holding system duty holders accountable
• Globalization


  A package of transnational flows of people, production, investment, information, ideas, and authority. The process of creating transnational markets, politics, and legal systems in an effort to form and sustain a global economy
• Effects of globalization


  • Industry
  • Culture
  • Legislation
  • Language
  • Information
  • Finance
  • Politics
• Kinds of societies in the world

  • Folk-communal society
  • Urban-commercial society
  • Urban-industrial society
  • Bureaucratic society
  • Post-modern society
• Folk-communal society


  Has little codification of law, no specialization among police, and system of punishment that just let things go for a while without attention until things become too much, and then harsh, barbaric punishment is resorted to
• Urban-commercial society


  Has civil law (some standards and customs are written down), specialized police forces (some for religious offense, others for enforcing the King's Law), and punishment is inconsistent, sometimes harsh, sometimes lenient
• Urban-industrial society


  Not only has codified laws (statutes that prohibit) but laws that prescribe good behavior, police become specialized in how to handle property crimes, and the system of punishment is run on market principles of creating incentives and disincentives
• Bureaucratic society


  Has a system of laws (along with army lawyers), police who tend to keep busy handling political crime and terrorism, and a system of punishment characterized by over criminalization and overcrowding
• Post-modern society


  Where the emphasis is upon the meaning of words and the deconstruction of institutions
• Types of criminal justice systems

  • Common law systems
  • Civil law systems
  • Socialist systems
  • Islamic systems
• Common law systems


  Also known as Anglo-American justice, exist in most English-speaking countries. Characterized by a strong adversarial system where lawyers interpret and judges are bound by precedent, and primarily rely upon oral systems of evidence in which the public trial is a main focal point
• Civil law systems


  Also known as Continental justice or Romano-Germanic justice, practiced throughout most of the European Union as well as elsewhere. Based on concepts, categories, and rules derived from Roman Law, with some influence of canon Law, sometimes largely supplemented or modified by local custom or culture
• Socialist systems


  Also known as Marxist-Leninist justice, exist in many places where there had been a Communist revolution or the remnants of one. Socialism is an economic system in which major industries are owned by private businesses or the state, different from capitalism where private actors can own the means of production
• Islamic systems


  Also known as Muslim or Arabic justice, derive all their procedures and practices from interpretation of the Koran
• Types of comparative court systems

  • Adversarial (accused is innocent until proven guilty)
  • Inquisitorial (accused is guilty until proven innocent or mitigated)
• Types of police systems

  • Fragmented police system (found in the USA, directly attributed to the federated nature of the political system and local communities asserting their right to home rule)
  • Combined police system (national and local governments cooperating and sharing in the responsibility for establishing a police service, as in England)
  • National centralized police system (the central government creates a national police force for the community, originated in Rome and found in democratic countries like France as well as in some non-democratic countries)
• Classification of police operational styles

  • Legalistic (emphasis is on violation of law and the use of threat or actual arrest to solve disputes in the community, often found in large metropolitan areas)
  • Service (emphasis is on assisting the public and solving community problems, often found in smaller communities)
• the federated nature of the political system and local communities asserting their right to home rule