COMPARATIVE MODELS IN POLICING

Comparative Police System

⎯ The process of outlining the similarities of police models in the world.

BASIS OF POLICE SYSTEM

1. Continental Policing
⮚ Traditional in Nature

⮚ The basis of efficiency is the number of arrest.

2. Modern System
⮚ Uses measurement of crime control efficiency.

⮚ Effectiveness is based on the absence of crime or low crime rate.

COMPARISON METHOD IN POLICING

1. Safari Method
⮚ Researchers visits another country
2. Collaborative Method
⮚ Researchers communicate with foreign country.

THREE STYLE OF POLICING by James Q. Wilson

1. Legalistic
⮚ Emphasizes violations of law.

⮚ Uses threats or actual arrest to solve disputes.

2. Watchman
⮚ An emphasis on informal means of resolving disputes.
3. Service
⮚ An emphasis on helping the community.

GLOBALIZATION
⮚ Process of interaction and integration among people, companies and governments of
different nations.
⮚ It is a package of transnational flow of people, production, investment, formation, ideas and
authority.
⮚ It is a growing interpretation of states, markets, communication, and ideas.

Effect of Globalization
1. Thru globalization facilitation of transnational crimes and criminals can be easily achieved.
2. Transnational policing is needed. This cooperation among police organization in the world is vital.
3. Training instruction must be upgraded for incoming law enforcer. It must include advance computers to
prepare them to deal with cyber crimes.
4. Development of new strategies to deal with international organized crimes is a must.
5. Provisions of law enforcement with updated legislations related to modernization

Law Enforcement (Police) in Global Perspective

Comparative research of law enforcement organizations investigates a variety of issues, including the
function and organization of police in different parts of the world, police practices in different countries, and the
cross-cultural use of selected police strategies.
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The systems of law enforcement that exist across the world, especially in the industrialized nations of the West,
have generally been well-researched. Police Scholars have revealed that an important distinction exist between
the;
1. Continental European system – which typically has a centralized military-like police force, and;
2. The British system of policing is decentralized and operates closer to the community. The British
System has also been most influential in shaping the organization of law enforcement in the United
States. The police model that exists in the US, therefore, favors a particularly strong tradition of local
policing.

Japan traditionally has been among the most researched non-Western nations in police studies, because the level
of crime in Japan is comparably very low. The low incidence of crime in Japan is explained by the fact;
1. There is a very high degree of citizen involvement in the Japanese criminal justice system.
2. The country therefore relies on an extraordinarily high correspondence between the values of its citizens
and the prescriptions of its legal system.

Comparative police research has recently focused investigations on those nations in the world that are
implementing democratic systems of politics and justice. Research on democratic styles of policing has
particularly been done former Soviet Union and in South Africa. The findings of this research parallel the
earlier discussed observations on democratization of the criminal justice system in general:
● The new democratic ideals of policing are admirable, but their practical implementation faces many
technical challenges and forces of resistance.

Effects of Globalization in Law Enforcement

Every law enforcement agency in the world is expected to be protector of the people’s rights.
Globalization has great impact on every human right. The challenges of globalization is that unaccountable flow
of migration and open markets present new threats, which are not amenable to state based human rights
regimes, while the new opportunities of global information and institutions are insufficiently accessible and
distorted by persistent state intervention.

Law Enforcement in Global Arena

How can the police or law enforcement agencies safeguard life and human dignity in a global scale?

The system and norms are codified in a widely endorsed set of international undertakings, like;
a) The “International Bill of Human Rights” Universal Declaration of Human Rights, International
covenant on Civil and Political rights, and
b) International covenant on Social and Economic Rights; Phenomenon-specific treaties on war crimes.
c) Geneva Conventions, genocide, ad torture, and protections for vulnerable groups such as the UN
Convention on the Rights of the Child and the convention on the elimination of discrimination against
Women.
d) International Dialogue on human rights has produced a distinction between three “Generations” of
human rights, labeled for the historical emergence.
e) Security rights encompass life, bodily integrity, liberty, and sometimes associated rights of political
participation and democratic governance.
f) Social and economic rights, highlighted in the eponymous International Covenant, comprise both
negative and positive freedoms, enacted by states and others; prominently, right to food, health care,
education, and free labor.

The very process of globalization blurs distinctions among categories of law enforcement due to racial
differences and states own standard or laws.

Threats on Law enforcement: Some threats brought by Globalization are:

a. Increasing volume of human rights violation evident by genocide or mass killings;
b. The underprivileged gain unfair access to global mechanism on law enforcement and security;
c. Conflict between nations
d. Transnational criminal networks for drug trafficking, money laundering, terrorism

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Opportunities for Law enforcement: While globalization brings the threat and many other threats to law
enforcement, opportunities like the following are carried:
a. Creation of International Tribunals to deal with human right problems.
b. Humanitarian interventions that can promote universal norms and links them to the enforcement of
power on states;
c. Transnational professional network and cooperation against transnational crimes;
d. Global groups for conflict monitoring and coalitions across transnational issues.

Challenges of Globalization in the Field of Law enforcement

In the law enforcement and security sphere, states respond with increased repression to fragmentation,
transnationalized civil war, and uncontrolled global flow such as migrants and drug trafficking. Transborder
ethnic differences help inspire civil conflicts, while the global arms trade provides its tools

TRANSNATIONAL CRIMES
⮚ Crimes taking place across borders.

⮚ Its nature involves border crossing as an essential part of the criminal activity.

Trafficking in persons
⮚ Refers to the recruitment, transportation, transfer or harboring, or receipt of person with or
without the victims consent or knowledge, within across national borders.
⮚ By means of threats or the use of force, or other forms of coercion, abduction, fraud, deception, abuse
of power or of positions, taking advantage of the vulnerability of the person or,
⮚ The giving or receiving of payments or benefits to achieve the consent of a person having control
over another person for the purpose of exploitation, forced labor or prostitution of other or other
forms of sexual exploitation, forced labor or services, slavery servitude or the removal or sale of
organs.

ENVIRONMENTAL CRIMES
⮚ The deliberate evasion of environmental laws and regulations in pursuit of personal and financial
benefit.

ECONOMIC CRIMES
⮚ Referred to as “commercial crimes” or “white collar crimes”.

⮚ Characterized by fraud, concealment or a violation of trust and are not dependent upon the
application of threats, physical force or violence.

CYBERCRIME
⮚ Synonymously referred to as “computer crimes”.

⮚ Characterized by hacking or unauthorized access to computer systems or networks, or forcibly

taking over a computer network to destroy the system or data, modify data and programs, and
stealing information that can cause disruption to the network for personal gain or political reasons.

Cybersex
⮚ Are earning more or less P4M to P10M, with clients mostly from the uses.

Piracy
⮚ It is concentrated in areas of heavy commercial maritime activity or in regions with little or no
maritime law enforcement capacity.
⮚ It considered as crimes against all mankind

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P.D. 532
⮚ Anti piracy law

Intellectual Property Rights

⮚ The act of any person who, with intent to gain but without violence against or intimidation of
persons or force upon things, shall take property including intellectual property rights, of another
without the latter consent.

Cultural Property Theft

⮚ It includes among others, antiques, relics, artifacts and historical/ archeological/ anthropological
sites.

Illegal Trafficking of Small Arms

⮚ Small arms are easy to buy, ease to use, and easy to conceal or transport. Since they require little
maintenance, they can last for decades.
⮚ Small arms are considered weapons of mass destruction in terms of casualties even in terms of
casualties even in times of peace, - especially during election in the country.

Money Laundering
⮚ It is crime wherein the proceeds of an unlawful activity are transacted making them appear to have
originated from legitimate sources.

Phases of money laundering

1. Placement
⮚ Hardest process

⮚ represents the initial entry of the "dirty" cash or proceeds of crime into the financial system. Generally,
this stage serves two purposes: (a) it relieves the criminal of holding and guarding large amounts of
bulky of cash; and (b) it places the money into the legitimate financial system. It is during the placement
stage that money launderers are the most vulnerable to being caught. This is due to the fact that placing
large amounts of money (cash) into the legitimate financial system may raise suspicions of officials.

Smurfing
⮚ Act of putting money little by little.

⮚ Smurfing is a money-laundering technique involving the structuring of large amounts of cash

into multiple small transactions. Smurfs often spread these small transactions over many
different accounts, to keep them under regulatory reporting limits and avoid detection.

2. Layering
⮚ It involves making a series of financial transaction which often resembles legitimate financial activity.

⮚ Offshore money transfer one the best example.

3. Integration
⮚ It involves the movement of the layered funds into the global financial world to be mixed with funds of
legitimate origin.

Terrorism
⮚ The use of violence and threats to intimidate or coerce, especially for political purposes.

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 ⮚ The state of fear and submission produced by terrorism or terrorization.

⮚ A terrorist method of governing or resisting a government.

No rules
No Innocents
Economy (Kill 1 frighten 10000)
Terrorist seeks publicity and publicity encourages terrorism
Terrorist acts give meaning and significance to the lives of terrorists
Their goal is likely to be poorly conceived or impossible to implement
They are considered as extremist because they can sacrifice everything in order for them to
achieve their goal.

RA 9372 - Human Security Act

Drug trafficking
⮚ It is a worldwide black market consisting of production, distribution, packaging, and sale of illegal
psychoactive substances.

Sinaloa Drug cartel

⮚ One of the most notorious organized crime groups when it comes to drug trafficking.

⮚ Joaqin “El Chapo” Guzman former boss of the group.

o According to some documentary, he was able to hire engineers and architects to build a secret
underground between the borders of US and Mexico. Those were build for the purpose of drug
trafficking.
o He was caught by the Mexican Marines last December 2015.

Vulnerability of the Philippines to transnational organized crime

1. Coastlines provide ideal entry and exits points for terrorists and criminals smuggling contrabands.
2. The county socio economic condition further makes the country susceptible to certain TOC activities.
3. Internal conflicts provide fertile grounds for the profusion of small arms
4. There is a problem of the absences or ineffectiveness of law against TOC.

Theory of Comparative Policing

1. First theory/Alertness to Crime theory

⮚ It states that as a nation develops, people’s alertness to crime is heightened.

⮚ They report more crime to police and demand the police to become more effective in solving crime
problems.

2. Second theory/ Economic/Migration theory

⮚ It states that crime is everywhere

⮚ The result of unrestrained migration & overpopulation in urban areas such as ghettos and slums.

3. Third theory/Opportunity theory

⮚ It states that long with high standard of living, victims become more careless of their belongings and
opportunities for committing crime multiply.

4. Fourth theory/Demographic theory

⮚ Based on event when a greater number of children are being born.

⮚ When these babies grow up, delinquent subculture develops out of the adolescent identity crisis.

5. Fifth theory/Deprived theory

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 ⮚ It holds that progress comes along with rising expectations.

⮚ People at bottom develop unrealistic expectation.

⮚ People at the top don’t see themselves rising fast enough.

6. Sixth theory/Modernization theory

⮚ It sees the problem as society becoming too complex.

7. Seventh theory/theory of Anomie & Synomie

⮚ The latter being term referring to social cohesion on values.

⮚ It suggests that progressive lifestyle and norms result in the disintegration of older norms that once
held people together.

Societal types

1. Folk-communal Society
⮚ It has little codification of the law

⮚ No specialization among police

⮚ It has a system of punishment that just let things go for a while without attention until it become too
much and then harsh and barbaric punishment is resorted to.

2. Urban-commercial society
⮚ It has a civil law (in civil law some standards and customs are written down)

⮚ It has also specialized police force (some for religious offices, others for enforcing the king’s law).

⮚ Punishment is inconsistent, sometimes harsh, and sometimes lenient.

3. Urban-industrial society
⮚ It has codified laws

⮚ But laws that prescribe good behavior

⮚ Police become specialized in how to handle property crimes

⮚ System of punishment is run on market principles of creating incentives and disincentives.

⮚ England and the U.S. followed this positive legal path.

4. Bureaucratic society
⮚ It has a system of laws

⮚ Police tend to keep busy handling political crime and terrorism.

⮚ Characterized by over criminalization & overcrowding.

⮚ Juvenile delinquency is a phenomenon that only occurs in bureaucratic society

Types of criminal justice system in the world

1. Common law system

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 ⮚ A.k.a as Anglo American justice and exist in most English countries of the world.

⮚ It is distinguish by a strong adversarial system are distinctive in the significance they attached to
precedent.
⮚ This system primary relies upon oral system of evidence in which the public trial is a main local
point.

2. Civil law systems

⮚ A.k.a as Continental justice or Romano-Germanic justice

⮚ It is practiced throughout most of the European Union

⮚ It is distinguished by a strong inquisitorial system

⮚ Less right is granted to the accused.

⮚ The written law is taken as a gospel & subject to little interpretation.

⮚ Legal scholarship is much more sophisticated and elitist.

⮚ The sovereigns, or leaders, of a civil law system are considered above the law

3. Socialist system
⮚ A.k.a as Marxist-Leninist justice

⮚ Exist in many places where there had been a communist revolution or the remnants of the one.

⮚ They are distinguished by procedures designed to rehabilitate or retain people into fulfilling their
responsibilities to the state.
⮚ It is the ultimate expression of positive law, designed to move the state and mankind.

⮚ Primarily characterized by administrative law, where non-legal officials make the most decision

⮚ Judges and lawyers are not allowed to make law.

4. Islamic system
⮚ A.k.a Muslim or Arabic System

⮚ Derived all their procedures and practices from interpretation of Koran.

⮚ It is characterized by the absence of positive law and is based more on the concept of natural
justice.
⮚ Legal rule and religious rule are together.

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