COMPARATIVE MODELS ON POLICING- LEAD211

OUR LADY OF FATIMA UNIVERSITY

PRELIMS:
- preventing, detecting, and investigating criminal
EFFECTS OF GLOBALIZATION TO LAW ENFORCEMENT activities.
- These functions are known as policing.
• FIVE BROAD DEFINITION OF GLOBALIZATION
• Policing thus may be performed by several different
According to Jan Aart Scholte, these are five definition of professional organizations:
Globalization: - public police forces
- private security agencies
1. Globalization as internationalization – it describes the
- the military, and
growth in international exchange and interdependence
- government agencies with various surveillance and
2. Globalization as liberalization - refers to a process of investigative powers.
removing government-imposed restrictions on - A country’s political culture helps to determine
movements between countries in order to create an whether its police forces are organized nationally or
“open”, “borderless” world economy. locally.

3. Globalization as universalization – is used in the sense CLASSIFICATION OF POLICING BASED ON LEGITIMACY OR

of being worldwide and globalization is the process of LEGAL BACKING OF POLICE
spreading various objects and experiences to people at Function:
all corners of the earth.
• Policing by consent
4. Globalization as westernization or modernization • Policing by law
(especially in an Americanized form) – is understood as
dynamic, hereby the social structures of modernity CLASSIFICATION BASED ON COMMAND
(capitalism, rationalism, industrialism, bureaucratism,
Structure:
etc.) spread the world over, normally destroying pre-
existent cultures and local self-determination process • Centralized System
5. Globalization as deterritorialization (or the • Decentralized System
spread of supraterritoriality) – entails a THEORIES IN POLICING SYSTEM
reconfiguration of geography, so that social space is
no longer wholly mapped in terms of territorial HOME RULE THEORY
places, distances, and borders • Policemen are the servants of the community
POLICING SYSTEM IN THE PHILIPPINES • Effectiveness of policemen depends on the express
wishes of the people
POLICE • Policemen are civil employees whose primary duty is
- body of officers representing the civil authority of the preservation of the public peace and security.
government. CONTINENTAL THEORY
- An inevitable organ for the state machinery, which
ensures maintenance of law and order • A centralized pattern where policemen are servant
- The first link in the criminal justice system of higher authority
• The people have little or no share at all of their
Police functions typically are: duties, nor any direct connection with them.
- maintaining public order and safety
- enforcing the law
-
 GLOBALIZATION AND LAW ENFORCEMENT
As the world continues to undergo major changes
brought about by globalization, it also produces major
challenges to policing and administration of criminal
justice.
• According to Ward (2000), among the significant
aspects of this change are:
- International dimensions of crime Impact of legal
and illegal immigration
- Transnational organized crime, and
- Technological influences on global criminality
THREATS ON LAW ENFORCEMENT
Together with the change brought about by globalization
comes the threats to law enforcement. Here are some of
the following:
• Increasing volume of human rights violations evident
by genocide or mass killing.
• The underprivileged gain unfair access to global
mechanisms on law enforcement and security
• Conflict between nation.
• Transnational criminal networks for drug trafficking,
money laundering, terrorism and other transnational
crimes.
IMPACT OF GLOBALIZATION AND NEW TECHNOLOGIES ON
DRUG-RELATED CRIME AND CRIMINAL ORGANIZATIONS
CYBERCRIME
• Violations of laws that are committed and/or
facilitated through the use of electronic media
• In comparison with ordinary crime, cybercrime
requires few resources relative to the damage that
can be caused, it can be committed in a jurisdiction
without the offender being physically present in it,
hence personal risk and the likelihood of detection
are low
DRUG-RELATED ORGANIZED CRIME
• Organized criminality has become transnational. It
too, has globalized
• Transnational criminals do not respect borders in
that, in carrying out their activities, they trail across
several jurisdictions to minimize law enforcement
risks and maximize profit
OPPORTUNITIES FOR LAW ENFORCEMENT
While globalization may bring threats to law
enforcement, opportunities and positive impacts like the
following are still carried:
• Creating of international tribunals to deal with
human rights problems
• Humanitarian interventions that can promote
universal norms and link them to the enforcement
power of states
• Transnational professional network and cooperation
against transnational crimes.
• Global groups for conflict monitoring and coalitions
across transnational issues.
THE FUTURE CHALLENGES TO LAW ENFORCEMENT
Opportunities from all forms of crime may increase as
online communications, finance and commerce expands.
The growth and interdependence of national economies
will make it easier for criminal organizations to blend
their operations into legitimate economic activity
• Transnational crime may increase as networks make
cross-border crimes easier to commit
• Organized crime may continue to exploit
technological advances for offensive and defensive
purposes. The “IT Warrior” will become an
indispensable component of organized criminal
groups
• Electronic money-laundering may increase with the
growth of online financial service companies,
especially if measures against money-laundering
remain a low priority and if offshore companies
continue to offer anonymity and protection from
investigation.
• Drug-related crime may expand; such crime will be
committed by a larger number of people, many of
whom will not be members of organized criminal
groups; nor will they fit to any criminal profile
• Minors may increasingly commit crimes involving
information technology as new generations achieved
computer literacy at an early age
• Criminal organizations may exploit scientific
developments in order to invest more heavily on the
production of synthetic drugs for illicit market
• Law enforcement may have less capacity to conduct
interception and surveillance activities as drug
trafficking organizations increasingly adopt
encryption and other means of concealment
• Jurisdiction without adequate laws against crime
involving information technology may become
sanctuaries
• Traditional frameworks for extradition and mutual
legal assistance may be stretched to their limits
LAW ENFORCEMENT IN TH GLOBAL ARENA
The system and norms are codified in a widely endorsed
set of international undertakings:
1. The International Bill of Human Rights (Universal
Declaration of Human Rights). This includes:
• Right to freedom of expression
• Freedom from torture and ill treatment
• Right to education
• Adequate housing and other economic, social
and cultural rights.
2. International Covenant on Civil and Political Rights,
and International Covenant on Social and Economic
Rights
3. Phenomenon-specific treaties on war crimes
(Geneva Convention), genocide and torture
4. Protection for vulnerable groups such as the UN
Convention on the Rights of the Child and the
Convention on the Elimination of Discrimination
Against Women
5. International dialogue on human rights has
produced a distinction between three “generations”
of human rights, labeled for their historical
emergence
6. Security rights encompass life, bodily integrity,
liberty, and sometimes associated rights of political
participation and democratic governance.
7. Social and economic rights, highlighted in the
eponymous International Covenant, compromise
both negative and positive freedoms, enacted by
states.
• Economic, social and cultural rights are a broad
category of human rights guaranteed in the
International Covenant on Economic, Social and
Cultural Rights and other legally binding
international and regional human rights treaties.
They include:
o Rights at work, particularly just and fair
conditions of employment, protection against
forced or compulsory labor and the right to
form and join trade unions
o The right to education including ensuring that
primary education is free and compulsory,
that education is sufficiently available,
accessible, acceptable and adapted to the
individual.
o Cultural rights of minorities and Indigenous
peoples
o The right to the highest attainable standard of
physical and mental health, including the right
to healthy living conditions and available,
accessible, acceptable and quality health
services
o Right to adequate housing, including security
of tenure, protection from forced eviction, and
access to affordable, habitable, well-located
and culturally adequate housing
o The right to food, including the right to
freedom from hunger and access at all times to
adequate nutritious food or the means to
obtain it
o Right to water – the right to sufficient water
and sanitation that is available, accessible
(both physically and economically) and safe.
WEEK 3:
TRANSNATIONAL CRIME
• Violations of law that involve more than one country
in their planning, execution, or impact.
• Transnational crime has no exact definition. The
United Nations (UN) deliberately chooses not to
provide a singular definition in its relevant treaty, the
United Nations Convention against Transnational
Organized Crime. The treaty does, however, tell us
that transnational crimes include:
o Crimes committed in more than one country
o Crimes committed in one country but planned in
another,
o Crimes committed in one country by groups
operating in many,
o Crimes committed in one country that have
substantial effects on another.
• Transnational crimes can be grouped into three
broad categories involving:
• Illicit goods (drug trafficking, trafficking in stolen
property, weapons trafficking, and counterfeiting,
etc.)
• Illicit services (commercial sex and human
trafficking, etc.)
• Infiltration of business and government (fraud,
racketeering, money laundering, corruption, among
others) affecting multiple countries.
TRANSNATIONAL CRIMES are distinct from international
crime, which involves crimes against humanity that may
or may not involve multiple countries.
• Transnational Crimes – Criminal activities extending
into, and violating the laws of, several countries
• International Crimes - Crimes violative of
international laws including but not limited to crimes
against peace and security of humankind
LAW GOVERNING TRANSNATIONAL CRIME
Both domestic and international laws regulate
transnational crime
• Domestic Law – is the law of a single country
• International Law – is the law of many, and
sometimes all, countries in the world. It is governed
by international agreements like treaties and by
custom.
• Custom – refers to the things c. Example: Respecting
the borders of other countries, and providing
immunity for visiting heads of states
Transnational crimes are regulated by domestic law,
international law, or both.
HUMAN TRAFFICKING
- illegally transporting and exploiting people
- To help fight such crimes, Iraq signed and ratified the
UN “Protocol to Protect, Suppress and Punish
Trafficking in Persons Especially Women and
Children.”
PROTOCOL
- is an international agreement that typically
supplements, and receives less formal recognition
and force than, a treaty
• Unlike a domestic crime, a transnational crime is:
o Planned or committed in multiple countries, or
o Committed by a group operating in multiple
countries, or
o Has a substantial effect on multiple countries.
o For this reason, crimes like drug smuggling may
be transnational crimes, but they may also be
purely domestic. It all depends on where the
crime is planned and committed, who organizes
it, and what effect it has.
COMMON TRANSNATIONAL CRIMES
ARMS SMUGGLING/TRAFFICKING
- is also known as gunrunning, is the sale or movement
of firearms or ammunition from one country to
another without the permission of both, or without
the proper ammunition markings.
CYBERCRIME
- This broad category includes almost any crime that
involves a computer network. According the Council
of Europe’s treaty on the subject, cybercrime can
include illegal access and intercept of computers and
computer communications, forgery and fraud using
computers, child pornography, and copyright
infringement.
- Cybercrime uses tools like phishing, viruses, spyware,
ransomware, and social engineering to break the
law.
PHISHING
- the fraudulent practice of sending emails or creating
webpages pretending to be from reputable
companies in order to induce individuals to reveal
personal information.
VIRUSES
- a piece of code which is capable of copying itself and
typically has a detrimental effect, such as corrupting
the system or destroying data.
SPYWARE
- software that enables a user to obtain covert
information about another's computer activities by
transmitting data covertly from their hard drive.
RANSOMWARE
- a type of malicious software designed to block access
to a computer system until a sum of money is paid.
SOCIAL ENGINEERING
- The use of deception to manipulate individuals into
divulging confidential or personal information that
may be used for fraudulent purposes.
DRUG TRAFFICKING
- this is the distribution and sale, as well as cultivation
and manufacture of substances subject to drug
prohibition laws.
- Drug trafficking also applies to the illegal selling or
transportation of prescription drugs, which has
become an increasing problem in recent years.
ENVIRONMENTAL CRIME
• This is the illegal harm of the environment. It may
include illegal fishing or trade in animals, illegal trade
in substances that harm the ozone, illegal dumping
of hazardous waste, and illegal logging and trade in
timber.
ILLEGAL FISHING
- or Illegal, unreported and unregulated (IUU) fishing,
refers to fishing activities conducted by foreign
vessels without permission in waters under the
jurisdiction of another state, or which contravene its
fisheries law and regulations in some other manner.
TRADE IN ANIMALS
- unlawful harvest of and trade in live animals and
plants or parts and products derived from them.
- Illegal wildlife trade is also often unsustainable,
harming wild populations of animals and plants and
pushing endangered species toward extinction.
ILLEGAL TRADE SUBSTANCES
- Illegal trade involves brokers diverting ozone-
depleting substances (ODS) which are produced in
countries with longer phase-out schedules onto
markets where ODS import and use is more strictly
regulated but where demand remains steady.
DUMPING OF HAZARDOUS WASTE
- Hazardous, or toxic, waste is the potentially
dangerous byproduct of a wide range of activities,
including manufacturing, farming, water treatment
systems, construction, automotive garages,
laboratories, hospitals, and other industries.
ILLEGAL LOGGING
- often used as short-hand to describe illegal practices
related to the harvesting, processing and trade in
timber and timber products.
HUMAN SMUGGLING/ILLEGAL IMMIGRATION
- is the facilitation of crossing borders illegally or
residing illegally in another country with the aim of
making a financial or other material profit. This crime
is often perpetrated by organized criminal networks,
which seize the opportunity to make large profits
from an illicit activity involving little risk of detection.
HUMAN TRAFFICKING
- This is the recruitment, transportation, transfer, or
harboring of people by force or deception for the
purposes of exploitation. Trafficked persons are
exploited for sex, for labor, or occasionally for
organs.
• How are Human Smuggling and Human Trafficking
similar?
o The two crimes are not the same, but have been
used interchangeably in the mass media – in
particular with the focus on Europe’s migrant
crisis (where most migrants are African).
o People on the move can be subject to exploitation
and abuse along their journey, including forms of
human trafficking such as forced labour or sexual
exploitation.
MONEY LAUNDERING
- This is the disguise of money or property to hide the
fact that it is gained from crime (for example, by
forging, or making fake, business receipts to disguise
where stolen money came from).
SMUGGLING OF CULTURAL ARTIFACTS
- This is the theft of antique or ancient goods.
Example: The theft of cultural artifacts from Iraqi
museums may be an instance of such transnational
smuggling.
WEEK 4:
PHILLIPINE CENTER ON TRANSNATIONAL CRIME (PCTC)
• The Office is created by virtue of the Executive Order
No.62 dated January 15, 1999.
• The mission of the Philippine Center on
Transnational Crime (PCTC) is to formulate and
implement a concerted program of action of all law
enforceme nt, intelligence and other government
agencies for the prevention and control of
transnational crime.
• PCTC is part of the Executive Branch of the 7. To perform such functions and carry out such
government, under the Office of the President activities as may be directed by the President

POWERS AND FUNCTIONS COORDINATION AND NETWORKS

• The mandated powers and functions of the Center • In the pursuance of its mission and functions, the
are as follows: PCTC shall be assisted by the following government
1. To establish, through the use of modern information agencies and instrumentalities:
and telecommunications technology, a shared 1. Philippine National Police (PNP)
central database among government agencies for 2. National Bureau of Investigation (NBI);
information on criminals, methodologies, arrests 3. National Action Committee on Anti-Hijacking and
and convictions on the following transnational Anti-Terrorism (NACAHT);
crimes: 4. Presidential Anti-Organized Crime Task Force
• Illicit trafficking of narcotic drugs and psychotropic (PAOCTF);
substances; 5. Presidential Anti-Smuggling Task Force (PASTF);
• Money laundering; 6. National Police Commission (NAPOLCOM)
• Terrorism; 7. Department of the Interior and Local Government
• Arms Smuggling; (DILG);
• Trafficking in Persons; 8. Department of Justice (DOJ);
• Piracy; and 9. Department of Finance (DOF);
• Other crimes that have an impact on the stability and 10. Department of Transportation and Communication
security of the country; (DOTC);
2. To supervise and control the conduct of anti- 11. Dangerous Drugs Board (DDB);
transnational crime operations of all government 12. National Prosecution Service (NPS);
agencies and instrumentalities; 13. Bureau of Immigration and Deportation (BID);
3. To establish a central database on national as well as 14. Bureau of Internal Revenue (BIR);
international legislation and jurisprudence on 15. Bureau of Customs (BOC);
transnational crime, with the end in view of 16. National Intelligence Coordinating Agency (NICA);
recommending measures to strengthen responses 17. Armed Forces of the Philippines (AFP);
and provide immediate intervention for the 18. Land Transportation Office (LTO);
prevention, detection and apprehension of criminals 19. National Telecommunication Commission (NTC);
operating in the country; 20. National Statistics and Census Office (NSCO); and
4. To establish a center for strategic research on the 21. Other Government Agencies
structure and dynamics of transnational crime in all
its forms, and predict trends and analyze • The PCTC shall address the requirement of putting
relationships of given factors for the formulation of strong and intensified focus against transnational
individual and collective strategies for the organized crime in the course of the government’s
prevention and detection of transnational organized anti-crime campaign.
crime and for the apprehension of the criminal • The PNP continues to be the primary general law
elements involved; enforcement agency of the country.
5. To design programs and projects aimed at enhancing • The Executive Director, PCTC; the Chief, PNP; and the
national capacity-building in combating heads of other concerned government agencies shall
transnational crime, as well as supporting the related undertake close coordination and cooperation to
programs and projects of other ASEAN international insure synergy in the over-all anti-transnational
centers; crime campaign.
6. To explore and coordinate information exchanges • The Executive Director, PCTC shall endorse
and training with other government agencies, attendance to all trainings/conferences/seminars
foreign countries and international organizations related on transnational crimes (EO
involved in the combat against transnational crime; 100).
and