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LEARNING MODULE IN COMPARATIVE MODELS OF POLICING

MODULE 2

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OBJECTIVES
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WORLD-SYSTEMS At the end of the


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module, you should be


THEORIES AND able to:
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COMPARATIVE CRIMINAL a. value the significant


contributions of prominent
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JUSTICE personalities in the history


of policing;
LESSON 1 - HISTORICAL DEVELOPMENT
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b. illustrate the theories of


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OF POLICING SYSTEM comparative policing;

c. identify policing model


of a particular country
LESSON 2 - THEORIES OF COMPARATIVE according to their existing
political system;
POLICING
d. define terminologies;

e. identify what system of


LESSON 3 - POLITICAL & LEGAL
punishment exist in a
SYSTEMS country of each kind of
society; and

f. compare and contrast


LESSON 4 - KINDS OF SOCIETIES, COURT centralized & decentralized
and the two types of court
SYSTEMS & COMMAND STRUCTURE
system in the world.
LEARNING MODULE IN COMPARATIVE MODELS OF POLICING

HISTORICAL DEVELOPMENT OF POLICING SYSTEM


Lesson 1

MODERN PERIOD OF POLICING SYSTEM


In 1829, Sir Robert “Bobbies” Peel introduced
the Act for Improving the Police in and near the
Metropolis (Metropolitan Police Act) passed by the
parliament of England-the milestone of England’s
police force. Sir Robert Peel became famous and
was considered as the Father of Modern Policing
System.
Because of Peel’s connection with the creation of both the modern Irish
and English police, the Irish police were known as “peelers” and the

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English police as “bobbies”, thus magnifying Peel’s role in the

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development of modern policing.

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Peel’s Principles were concerned with the preventive role of the police
and positive relationships and cooperation between police and the
community it served.
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The Metropolitan Police was organized around “beat system”, in which
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officers were assigned to relatively small permanent posts and were


expected to become familiar with them and the people residing there,
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thereby making the officer a part of neighborhood.


First man to come up with effective “scalpel”–type
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policing organization to fight crime in cities


Purpose was to:
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Reduce tension & conflict between officers and


the public
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Use nonviolent means to keep peace (“bobbies”,


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or British police, were not armed); violence was last resort


Relieve military of controlling urban violence
Be judged on absence of crime, not high-profile police action
His model was adopted in London in 1829, and was so successful that
eventually the rest of England and the U.S. decided to follow it.

Peel’s Concepts of Policing are:


a. The police should be organized along military lines.
b. The police should be place under screening and training.
c. The police should be hired on a probationary basis.
d. The police should be deployed by time and by area.
e. Police headquarters should be accessible to the people.
f. Police-Record keeping is essential.

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LEARNING MODULE IN COMPARATIVE MODELS OF POLICING

PEEL’S NINE PRINCIPLES

As described by the New Westminster Police Service:


1. The basic mission for which the police exist is to prevent crime and disorder.
2. The ability of the police to perform their duties depends on public approval
of police actions.
3. Police must secure the willing cooperation of the public in voluntary
observance of the law to be able to secure and maintain the respect of the
public.
4. The degree of cooperation of the public that can be secured diminishes

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proportionately to the necessity of the use of physical force.

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5. Police seek and preserve public favor not by catering to public opinion but by
constantly demonstrating absolute impartial service to the law.

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6. Police use physical force to the extent necessary to secure observance of the
law or to restore order only when the exercise of persuasion, advice and
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warning is found to be insufficient.
7. Police, at all times, should maintain a relationship with the public that gives
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reality to the historic tradition that the police are the public and the public
are the police, the police being only members of the public who are paid to
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give full-time attention to duties which are incumbent on every citizen in the
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interests of community welfare and existence.


8. Police should always direct their action strictly towards their functions and
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never appear to usurp the powers of the judiciary.


9. The test of police efficiency is the absence of crime and disorder, not the
visible evidence of police action in dealing with it.
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AUGUST VOLLMER: THE FATHER OF AMERICAN POLICING


Believed that police officers should be free from political
pressure and be highly educated, trained and well paid.
Argued that police officers could better protect the
public and their property through the use of science and
technology, and the education and professionalization of
policing.
Implemented a code of ethics for officers, ban political
corruption and gifts and outlaw the third degree (a brutal
activity used by officers to gather information from
citizens).
tireless advocate who believed that officers should function as social workers and
do more than arrest offenders.

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LEARNING MODULE IN COMPARATIVE MODELS OF POLICING

EARLY AMERICAN POLICING


Early American Policing Timeline
In early U.S. (1801), Boston was the first city to have a formal night watch—but
that was all it did
32 years later, Philadelphia was the first city to have both day and night
watchmen
5 years later, Boston, because of the same pressures London had been facing,
formed the first organized police department based on Robert Peel’s model
After 6 more years passed, New York City created a model for modern police
forces when its combined night and day watches under the authority of a single
police chief
At the start of the Civil War (17 years later), most major U.S. cities—Baltimore,
Boston, Chicago, Philadelphia, Cincinnati, and New Orleans—had similar police
departments based on London’s & NYC’s

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Problems with Early American Policing

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The Spoils System
While most police worked hard and wanted to serve the public good, policing in

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1800s was horrible, why:
This was called the “Political Era” of policing
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because police were hired and promoted only if
they did what wealthy, corrupt politicians wanted
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Most cops didn’t make much money, so they


were usually willing to take bribes
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This was called the “spoils system”—based on the


phrase “to the victor go the spoils”
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Unfortunately, this system made police work


more for their political bosses than for the
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public
Politicians even told police not to arrest
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potential voters
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REFORM ERA IN AMERICAN POLICING


The Wickersham Commission
Even though people knew about abuses, they continued until this commission
was created in 1929 by Herbert Hoover
This was a response to Prohibition’s huge jump in the
crime rate
Recommended reforms to fix:
Police brutality
“The corrupting influence of politics”
Led to Reform Era in U.S. policing (1930-1980)
Reforms caused by commission:
Raised standards for hiring
More educated cops; degrees became required in some areas
Better training
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LEARNING MODULE IN COMPARATIVE MODELS OF POLICING

Centralized police administration (less influence from politicians)


Chiefs could now hire assistant chiefs to keep a closer eye on local cops and
try out new strategies to fight crime
Set up special units (vice, traffic) that worked across precincts
More use of technology
Automobiles
Forensic scientists
Radio communications
Fingerprinting
Problems with the Reform Era
While the Reform Era did bring positive changes up through the 1950s, there were
problems in the 1960s:
Police often overreacted to antiwar & civil rights demonstrations
Police didn’t cause the problems (usually), but their responses didn’t help
People started trusting and respecting police less

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THE COMMUNITY ERA IN AMERICAN POLICING


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Community Policing
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Started in 1968, with government act that gave police


departments funds to create programs to bring cops
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& communities closer


Summer recreation activities for inner-city kids
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run by police
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“Officer-friendly” referral programs that


encouraged people to come to police with their
personal concerns about crime

Community policing takes off in 1980s, Why?


Crime wave in 1970s
Police response is initially REACTIVE: strategies focus on reducing how long
it takes cops to react to crimes
When this doesn’t work, decide to use PROACTIVE strategies: prevent crime
before it happens by going after root causes
Community policing was seen to help with this because if police and public
have better relations, public will help police more to prevent and fight
crime.

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LEARNING MODULE IN COMPARATIVE MODELS OF POLICING

PHILIPPINE POLICING SYSTEM


During the Spanish Regime
Maintenance of law and order is a part of the
military system for the defense of the colony;
Locally organized police forces although
performing civil duties is a direct adjunct of the
colonial military establishments; (policemen in
appearance yet colonial soldiers in the ultimate
sense.
Police functions consisted mainly of (1)
suppression of brigandage by patrolling
unsettled areas; (2) detection of local or petty
uprising by spying upon the work and
movements of the people and; (3) the
enforcement of tax collection including church

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revenues.

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Guadrilleros/Cuardillo – a body of rural police
organized in each town established by Royal

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decree of Jan. 8, 1836. It mandates that 5% of the
able-bodied male inhabitants of each province
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where to be enlisted in this police organization
for 3 years. These services are originally not paid
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or gratuitous subject to some privileges although


in some province they received a proportionate
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pay ranging from 4.00 to 8.00 depending on the


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revenue collection.
Carabineros De Seguridad Publica – Organized
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in 1712 for the purpose of carrying the


regulations of the Department of State. This was
armed and considered as the mounted police
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who later discharged the duties of a port, harbor


and river police. It was later given special
commission by Royal Decree of December 20,
1842 and it was called – Cuerpo De Seguridad
Publica (Corps of Crabbiness for Public
Security).
Guardia Civil – Created by Royal decree on
February 12, 1852, to partially relieve the Spanish
peninsula troops of their works in policing
towns. It is consisted of a body of Filipino
policemen organized originally in each of the
provincial capital of the province of Luzon
under the Alcalde Mayor.)

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LEARNING MODULE IN COMPARATIVE MODELS OF POLICING

THEORIES OF COMPARATIVE POLICING


Lesson 2

Schneider (2001) does a good job summarizing the various theories that exist with at least
some empirical support. They are listed here with little comment since, as theories, they are always
under development:
· Alertness to crime theory – hold that as a nation develops, people’s alertness to
crime is heightened, so they report more crime to police and also demand the
police become more effective at solving crime problems.

· Economic or migration theory – holds that crime everywhere is the result of


unrestrained migration and overpopulation in urban areas such as ghettos and
slums.

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· Opportunity theory – holds that along with higher standards of living, victims

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become more careless of their belonging, and opportunities for committing
crime multiply.

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· Demographic theory – holds that when the event occurs when a great number of
children are born, as the baby boom grow up, delinquent subcultures develop
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out of the adolescent identity crisis.
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· Deprivation theory – holds that progress comes along with rising expectations,
and people at the bottom develop unrealistic expectations while people at the
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top don’t see themselves rising fast enough.


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· Modernization theory – holds that (and this is an oversimplification) that the


basic problem is society becoming too complex.
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· Anomie and synomie theory – suggests that progressive lifestyles and norms result
in the disintegration of older norms that once held people together (anomie), but
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in other cases, people can come together and achieve social consensus or social
cohesion over values (synomie).

Policing developed from a basic need for social stability and order within
communities. It is essentially a law enforcement institution, necessitated by the
non-conforming behavior of individuals who deviate from the generally held
and pursued norms within a given community. As societies developed, political
philosophy and cultural perspectives, often inspired by religious views, gave rise
to specific state structures such as kingdoms, dictatorships, democracies,
theocracies and autocracies. To compare policing systems, it is necessary to
reflect on how religion, culture, politics and other factors determine the policing
model of a particular state, region or community. In fact, political philosophy is
a fundamental construct of policing in a country.

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LEARNING MODULE IN COMPARATIVE MODELS OF POLICING

POLICTAL & LEGAL SYSTEMS


Lesson 3

The Five Most Common Political Systems Around he World (by Donavan):
To compare policing systems, it is necessary to reflect on how
religion, culture, politics and other factors determine the policing
model of a particular state, region or community. In fact, political
philosophy is a fundamental construct of policing in a country.
In a comparative study one should be fully conversant with the
types of political systems in force in the country/countries
involved in the analysis.
1. Democracy – These democracies have regular elections where citizens elect

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representatives who then become the law makers and put together a government. The

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policing system in such democracies tends to be decentralized such as in America and
Great Britain. Metropolitan and municipal police agencies are often responsible to the

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mayor or a committee. Partnership policing, community policing, problem orientated
policing and the rule of law (particularly constitutional law) are fundamental
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components of policing.
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2. Republic – are obviously democracies and have constitutions. These are referred to as
constitutional democracies. Republics imply accountability to the electorate through
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candidates nominated by competing parties and that regular free and fair elections are
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held.
3. Monarchy – There are distinctions between ceremonial monarchies, such as Belgium and
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the Netherlands and absolute monarchies like Brunei, Andorra (in the Pyrenees
mountains separating France and Spain), UAE and Swaziland. In these monarchies, the
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king has the final say. There is a variant on this, called constitutional monarchies where
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the constitution limits the powers of the monarch. Denmark, Kuwait, Sweden, Belgium
and others are examples.
4. Communism – is based on Marxist/Leninist philosophy and in its basic form is
undemocratic and exercise strict control over citizens. The state is dominated by the
communist party and there are no free and fair elections with competing political
parties. The economy is controlled and strict controls are exercised on who is leaving
and entering the country. Part of police work is to control and spy on citizens and
visitors.
5. Dictatorship – Another authoritarian form of government is the dictatorship. Dictators
are not restricted by constitutions or parliaments. Elections are often held with one
candidate only or with high level intimidation of opposition candidates and supporters.

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LEARNING MODULE IN COMPARATIVE MODELS OF POLICING

Hybrid systems – The Vatican, ruled by the Pope of the Roman Catholic Church, is an
independent city state. It is a religious monarchy. One of the remarkable aspects of
policing and security is that Swiss guards (thus from a foreign state) are deployed in the
Vatican. Another religious democracy is Iran. It has a supreme religious leader assisted by
advisers. The supreme leader is assisted by an elected parliament.
The Four Legal Traditions are:
Another fundamental construct influencing policing is the
legal system of a country. A variety of legal systems exist in the
world. The main issue here is that law, linked to politics, will
determine the police mandate. To compare policing agencies,
one should understand on what legal basis they operate.

Common law system – also known as Anglo-American justice. They exist in most English-
speaking countries of the world, such as the U.S., England, Australia, New Zealand, Canada,

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India, and former British colonies in Africa. They are distinguished by a strong adversarial

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system where lawyers interpret and judges are bound by precedent (or stare decisis).
Common law systems are distinctive in the significance they attach to precedent (the

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importance of previously decided cases). They rely primarily upon oral systems of evidence
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in which the public trial is a main focal point.
Civil law system – also known as Continental justice, Romano-Germanic justice, or Roman
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law. It is the largest and most prevalent system of justice in the world. It is distinguished by a
strong inquisitorial process where less rights are granted to the accused, and the written law
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is taken as gospel and subject to little interpretation. For example, a French maxim goes like
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this: “If a judge knows the answer, he must not be prohibited from achieving it by undue
attention to regulations of procedure and evidence.”
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Roman-Germanic systems are founded on the basis of natural law, which has a deep
respect for tradition.
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The sovereign, or leaders of a civil law system are considered above the law, as opposed
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to the common law notion that nobody is above the law.


Socialist systems – also known as Marxist–Leninist or Communist justice. It exists in many
places, such as Africa and Asia, and parts of Latin America, anywhere where there has been
Communist revolution or the remnants of one. It is distinguished by producers designed to
forcibly rehabilitate or retrain people into fulfilling their responsibilities to the state. It is the
ultimate expression of positive law, designed to move the state forward toward the
perfectibility of state and mankind. It is also primarily characterized by administrative law,
where non-legal officials make most of the decisions.
Islamic systems – also known as Muslim or Arabic justice. It derives all of its procedures and
practices from interpretation of the Koran. It is the only legal tradition in the word which
considers all law to be of divine origin. Most Islamic law is in the form of command, orders,
or directives which govern the whole lifestyle of a person.

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LEARNING MODULE IN COMPARATIVE MODELS OF POLICING

KINDS OF SOCIETIES, COURT SYSTEMS & COMMAND STRUCTURE


Lesson 4

The Four Kinds of Societies in the World:


1. Folk–communal – has little codification of law, little specialization among police, and a
system of punishment that just lets things go for a while without attention until things
become too much, and then harsh, barbaric punishment is resorted to.
2. Urban–commercial – presence of civil law (some standards and customs are written
down), specialized police forces (some for religious offenses, others for enforcing the
King’s law), and punishment is inconsistent, sometimes harsh, sometimes lenient, but
mostly harsh.
3. Urban–industrial – presence of codified law (statutes that proscribe as well as prescribe)

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with an attempt to create more law in a direction that prescribes good behavior; police

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become specialized in how to handle property crimes, and the system of punishment
attempts to run on market principles of creating incentives and disincentives.

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4. Bureaucratic – a coherent system of laws (along with armies of lawyers), police who
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tend to keep busy handling rare events, terrorism, and newly emerging forms of
crime; a system of punishment often characterized by moral panics,
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overcriminalization and overcrowding. The U.S. and perhaps only eight nations fitted
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the bureaucratic pattern. Juvenile delinquency is a phenomenon that usually only


occurs in a bureaucratic society because of the way such societies extend the
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adolescent age period.


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Court Systems of the World are of Two Types:


1. Adversarial, where the accused is innocent until proven guilty.
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2. Inquisitorial, where the accused is guilty until proven innocent or mitigated, have more
secret procedures.

Command Structure:
1. Centralization of authority means the power of planning and decision making are
exclusively in the hands of top management. It alludes to the concentration of all
powers to the apex level.
2. Decentralization refers to the dissemination of powers by the top management to the
middle or low-level management. It is the delegation of authority, at all levels of
management.

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LEARNING MODULE IN COMPARATIVE MODELS OF POLICING

REFERENCES

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