Comparative CHAPTER 1
Comparative CHAPTER 1
Comparative CHAPTER 1
An Instructional Material
Prepared by:
REGINALD C. SIBUG
Instructor
CHAPTER 1
INTRODUCTION TO COMPARATIVE POLICE SYSTEM
Evolution of the word police: The second goal of police is the [2] PRESERVATION OF
THE PEACE. This has also been accepted by police as an
The term police came from the GREEK important goal. It is known as the peacekeeping and
word Politeia (government of a city), which was community service roles. Police have the legal authority
used to describe the group of civil officers to arrest individual for disturbing the peace or for
governing the city and not necessarily the armed disorderly conduct. Police are often called to intervenes
men guarding/policing the city. When the not only criminal conduct but also in noncriminal
ROMANS conquered the Greeks, they changed the conduct such as that which occurs at public events, in
word slightly to Politia (civil administration) social relations and in traffic control to maintain law and
which itself derives from the Ancient Greek word order. They often help the people solve problems that
polis (city). The FRENCH changed the word to they cannot cope with alone. This is due to the public
Police and used it to those authorized people who impression that the police are also a SOCIAL
actually enforce the law. The ENGLISH and the SERVANT and a MEDIATOR to domestic problems.
AMERICANS borrowed the word from the French Hence, the public calls the police for their social services
and used it to describe a law enforcement roles, because the police are: (1) constantly available
officer. when needed, (2) dependable when called upon and (3)
capable of providing advice and decision-making
involving interpersonal conflict.
COMPARATIVE MODELS IN POLICING
Reginald C. Sibug, MS CRIM. 3
Isabela State University | ECHAGUE
College of Criminal Justice Education
[3] CRIME PREVENTION is the third goal of the police protect”. The police can provides service to the public
pillar which closely related to law enforcement and such as giving information; directions and advice;
peace preservation. If the peace has been kept, crime counseling and referring; licensing and registering
has, in effect, been prevented. Crime prevention differs vehicles; intervening in domestic arguments; working
from peacekeeping and law enforcing in that it attempts with neglected children; rendering emergency medical
to eliminate potentially dangerous or criminal or rescue services; dealing with stray animals; and
situations. It is PROACTIVE. If police are highly controlling traffic and crowds. In addition police
visible in a community, crime may be prevented. For provides community education programs regarding
example, a routine patrol might not only discover a crime, drugs, safety and the like.
crime in progress, but it might also prevent crimes from
being committed. Crime prevention activities are often THEORIES & CONCEPTS OF POLICE SERVICE
undertaken by police include working with juveniles,
cooperating with probation and parole personnel, 1. Home Rule Theory - The police is considered
educating the public, instigating operation identification servants of the community who depends for the
programs providing visible evidence of police authority. effectiveness of their functions upon the express
In addition many community services often provided by wishes of the people.
police departments aid in crime prevention. This goal
includes the following activities crime detection, crime 2. Continental Theory - Policemen are considered
investigation, apprehension of suspects and case servants of the higher authority and people have
preparation. This police activity is directed toward the little or no share of all their duties, nor any direct
identification and apprehension of alleged criminals and connection with them.
the accumulation, preservation and presentation of 3. Old Concept - The old concept of police service
evidence regarding their crimes. The main objective is to looked upon the police as merely a repressive
determine who the criminal is and to develops and machinery.
present legally accepted evidence to a court of law so
that a conviction is assured. 4. New Concept- regards police as the first line of
The fourth traditional goal of the police is the [4] defense of CJS, as an organ of crime prevention.
PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES
which is perceived by some as the single most important ------------------------------------------------------------------------
goal of policing. This goal is acknowledged in the first
paragraph of the Law Enforcement Code of Ethics: “to D. ANCIENT POLICING SYSTEM
respect the constitutional right of all to liberty, equality
(EGYPT)
and justice.” The authority, goals and methods of the
police promote individual liberty, public safety and 1. MEDJAYS - Egyptians (1500 B.C) – Court system
social justice. presided by judges appointed by the Pharoah;
Marine patrol & custom house officers protecting
In addition to enforcement of laws, preserving the peace, commerce started; first use of dog patrol;
prevention of crimes protection of civil rights and MEDJAYS – civilian police under the command of
a military. Guarding TOMBS.
liberties, the police are often called on to provide [5]
ADDITIONAL SERVICES to their community as its fifth (GREECE)
and final goal. This role is acknowledged in the first
sentence of the Law Enforcement Code of Ethics: “As a 2. Ancient Greece – EPHORI – law enforcers
law enforcement officer, my fundamental duty is to serve
the community”. It is also acknowledged from the
Philippine National Police motto: “To serve and
COMPARATIVE MODELS IN POLICING
Reginald C. Sibug, MS CRIM. 4
Isabela State University | ECHAGUE
College of Criminal Justice Education
(ROME) judgment and impose punishment. He was
Ancient Rome – 12 Tabulae (12 TABLES) – the first assisted by a group of constables, the forerunner
written laws, Emperor Augustus – created the: of the constabulary. The term Shire-reeve
eventually became Sheriff, the title of the chief of
3. PRAETORIAN GUARD – “emperor’s guard”
constables or police officers in a certain town.
4. URBAN COHORTS – “city patrol”
11. TRAVELING JUDGE – was held responsible in
deciding cases that were taken from Shire-reeves
5. VIGILES – “fire fighters”. The first civilian police
due to some abuses.
force which keep the peace very ruthlessly, hence
the word vigilantes.
12. COURT LEET: to handle local legal matters in
some, but not all, communities, the Normans
(ENGLAND)
established the "Court Leet", which looked after
matters of purely local interest and petty village
6. THANES – It was under King Alfred the Great that
nuisances. The head of the Court Leet was the
a type of internal police force evolved. Alfred
"COMES STABLE", which was a term that means
decreed that the various "thanes" or landowners
"Master of the House". Over a period of time, this
throughout his kingdom were responsible to
word became "Constable" which is still used
police his own territory, deliver criminals to the
today by members of our modern police forces.
King and to settle civil litigations.
The Comes Stable was often appointed by the
King but was also responsible to keep the peace
7. FRANKPLEDGE SYSTEM – Policing was carried
and order in a specific area. This appointee was
out under a system called frankpledge or mutual
responsible to local officials who could petition to
pledge, whereby every male over 12 years old
have him removed if he did not do his job
join nine (9) of his neighbors to form a
properly.
Tythingmen – a group of ten (10) men whose duty
was to apprehend any person who offends another
13. KEEPERS OF THE PEACE - In 1195, King Richard
and deliver that offender for trial. Anyone who
of England issued a proclamation entitled
failed to join and perform this obligatory duty
Keepers of the Peace, requiring the appointment
was severely fined. Thus, policing responsibility
of Knights to keep the King’s peace by standing
lies on the hands of the citizens. The head of this
as guards on bridges and gates while checking the
group was referred to as a Tythingman
people entering and leaving the cities and towns
8. TUN POLICING – Tun was the forerunner of the
14. JUSTICE OF THE PEACE was a position given to a
word “town“. Under this system, ALL MALE
respected citizen, who has the power to arrest,
residents were required to guard the town to
pursue and imprison the offenders.
preserve peace and order, protect the life and
properties of the people and other factors that
disturbs the peace and order. 15. WATCH AND WARD - Statute of
Winchester(1285) was enacted for law and
9. HUE AND CRY – In this system, the complainant/ order by king Edward. This law introduced the
victim goes to the middle of the community and system of “WATCH AND WARD”. The primary
shouts to call ALL MALE residents to assemble. purpose of the watch and ward was to guard the
The victim reports his complaint to the assembly. city gates at night.
Consequently, all the male residents will go after
the criminal and apprehend him. 16. NIGHT WATCHMEN or BELLMEN - King Charles
II of England passed a law in 1663 that provided
10. SHIRE-REEVE SYSTEM – When King William for the employment of NIGHT WATCHMEN or
Norman became the ruler of England, he divided BELLMEN to be on duty from sunset to sunrise.
his kingdom into 55 military districts known as
the Shire-Reeves. SHIRE means a district while 17. BOW STREET RUNNERS - In 1748, Henry
REEVE means the ruler who made laws, pass Fielding became the Chief Magistrate at Bow
Street in London. He organized a group of men
COMPARATIVE MODELS IN POLICING
Reginald C. Sibug, MS CRIM. 5
Isabela State University | ECHAGUE
College of Criminal Justice Education
known as BOW STREET RUNNERS (thief recording conversations. London Metropolitan
catchers). He later formed the Bow Street Horse Police employed the first undercover officer.
Patrol whose duty was to patrol the main roads The great contributions of Sir ROBERT PEEL led
thus secure the travelers from highwaymen or people to regard him the FATHER OF MODERN
highway bandits. In 1751, Henry published a POLICING. His most memorable principle was,
pamphlet entitled An Inquiry into the Causes of "the police are the public, and the public are
the Late Increase of Robbers, which called for the police”
many sweeping changes in the laws and the
execution of their laws1. (FRANCE)
NOTA BENE: Bow Street Runners is the First 19. OFFICERS DE PAIX - In Paris, the position
modern detective force. It is a small group of OFFICERS DE PAIX (origin of “Peace Officer”)
volunteers/non-uniformed homeowners often was formed in 1791. This was the origin of the
called "Take Thieves". They hurry to scene of term Peace Officers
crime and begin investigation.
20. SERGENT de VILLE - The French were the first
18. SCOTLAND YARD - The British statesman SIR to establish UNIFORMED POLICE OFFICERS –
ROBERT PEEL passed with the parliament the they were called SERGENT de VILLE (servant of
Metropolitan Police Act on September 29, the city).
1829 established the LONDON METROPOLITAN
POLICE, which became the world's first modern Other contributions of the French in the
organized police force. It was later called development of policing system were:
SCOTLAND YARD. It became model for the 1. Conceiving street signs.
American police system but also had great 2. Assigning house numbers.
influence on the style of policing in almost all 3. Installing street lighting.
industrial societies. The Metropolitan Police 4. Creating emergency and rescue
force was guided by the concept of crime services.
prevention as a primary police objective. The 5. Use of police ambulances.
force became the model for other police forces 6. Use of “warrant card”, and ID
in Great Britain. Informal names are, "the Met" signifying authority to arrest.
and "MPS". In statutes it is referred to in the
lower case as the "metropolitan police force" (AMERICA)
or the "metropolitan police", without the
appendage "service". The MPS is also referred to 21. RATTLEWATCH - Policing system in America
as Scotland Yard after the location of its original followed the model developed in England, New
headquarters. The development of the British York, Boston and Philadelphia organized their
police system is especially significant because night watchmen, which was similar to the
the pattern that emerged not only became a bellmen created in London during the reign of
model for the American police system but also King Charles II. These night watchmen were
had great influence on the style of policing in known as RATTLEWATCH because they carried
almost all industrial societies. rattle while on duty to inform the public of their
watchful presence.
Police are often referred to as ´BOBBIES´ or
'PEELERS' after Sir Robert (Bobby) Peel. The 22. “LEATHERMEN” - in 1638, Night-watch was
primary role of the police in Britain was to keep initiated in Boston, Massachusetts – they were
the Queen's Peace, which continues into the called “LEATHERMEN”
present day.
He also introduced the techniques in 23. TEXAS RANGERS – in 1835 - Texas Rangers were
detecting crimes such as detectives concealing organized
themselves, and secretly photographing and
1
Eduardo, 2008, Notes in Law Enforcement Administration
COMPARATIVE MODELS IN POLICING
Reginald C. Sibug, MS CRIM. 6
Isabela State University | ECHAGUE
College of Criminal Justice Education
E. IMPORTANT TERMS 3. COMPARATIVE COURT SYSTEM
Court systems of the world are of two types:
1. COMPARATIVE POLICE SYSTEM (1) Adversarial, where the accused is innocent
It is the science and art of investigating and until proven guilty. The U.S. adversarial
comparing the police system of nations. It system is unique in the world. No other
covers the study of POLICE nation, not even the U.K. places as much
ORGANIZATIONS, TRAININGS and emphasis upon determination of factual guilt
METHODS OF POLICING of various nations.
in courtroom as the U.S. does.
Process of outlining the similarities and
differences of one police police system with (2) Inquisitorial, where the accused is guilty
the other in order to discover insights in the until proven innocent or mitigated, have
field of international policing or coming out more secret procedures. Outside the U.S.
with the best practices in crime prevention most trials are concerned with legal guilt
and law enforcement where everyone knows the offender did it,
and the purpose is to get the offender to
Comparative Law Enforcement
apologize, own up to their responsibility,
Comparative Research Methods argue for mercy, or suggest an appropriate
1. “safari” method (a researcher visits another country) or sentence for themselves.
2. “collaborative” method (the researcher communicates Where lesser rights are granted to the
with a foreign researcher) accused and the written law is taken as
gospel and subject to little interpretation.
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2. COMPARATIVE CRIMINAL JUSTICE 4. COMPARATIVE CORRECTIONAL SYSTEM
It is subfield of the study of Criminal Justice that Correctional systems worldwide can be easily
compares justice system worldwide. Such study can distinguished by whether they support corporal
take a descriptive, historical, or political approach .it punishment (beatings) or not. Some so-called
studies and differences in structure, goals, “civilized’’ countries claim they are better than the
punishment and emphasis on rights as well as the
U.S. because they don’t perform death penalty but
history and political stature of different systems.
Comparative criminal justice examines the actually practice such corporal punishments as
differences between justice in different kinds of beatings and whippings. Nations that practice
societies and communities. Those who specialize in corporal punishment do tend, however, to have less
such a field are called comparativists. By studying of a correctional overcrowding problem. Probation
the differences in approach, methodology and and parole, where they exist cross-culturally, are
effectiveness, they hope to discover better ways of applied to the country’s citizens, and not for
enforcing laws and ensuring justice for more people. foreigners or immigrants.
1. Republic Act No. 10364 – the law amending RA Drug trafficking is also known as illegal drug
No. 9208. It is otherwise known as the trade. It is a global black-market activity
“Expanded Anti-Trafficking in persons act of consisting of production distribution packaging
2012.” and sale of illegal psychoactive substances. It is
2. Republic Act No. 9208 – “Anti-Trafficking in simply smuggling across borders, and
Persons Act of 2003”. It provides protection and distribution within the demand country. This
support to trafficked persons duty of applies in the local scene where local producer’s
prosecutors to respect rights of trafficked scout demand areas for their illegal drug trade.
persons and provide punishment for traffickers.
Drug trafficking involves SELLING drugs and
3. Republic Act No. 9775 - An Act Defining the drugs paraphernalia, whether it is a local
Crime of Child Pornography, Prescribing exchange between a user and a dealer or a
Penalties therefor and for other Purposes. It is major international operation. Drug trafficking
otherwise known as the "Anti-Child is a problem that affects every nation in the
Pornography Act of 2009." world and exists on many levels.
4. Republic Act No. 9995 - An Act Defining and
Penalizing the Crime of Photo and Video Drug trafficking is the commercial exchange of
Voyeurism, Prescribing Penalties Therefor, and drugs and drug paraphernalia. This includes any
for Other Purposes. It is otherwise known as the equipment used to manufacture illegal drugs or
"Anti-Photo and Video Voyeurism Act of 2009". use them. It is the illegal drug trade or drug
5. Republic Act No. 7610- “Special Protection of trafficking is a global black market consisting of
Children Against Abuse, Exploitation and the cultivation, manufacture, distribution and sale
Discrimination Act”. of illegal drugs.
6. Republic Act No. 8042- “Migrant Workers and
Overseas Filipino Act” World Wide Perspective
1. Middle East - It is the Becka valley of Lebanon is
7. Republic Act No. 6955- “An Act to Declare considered to be the biggest producer of cannabis
Unlawful the Practice of Matching Filipino in the middle east. Lebanon is also becoming the
Women for Marriage to Foreign Nationals on a transit country for cocaine for south America to
Mail-Order Basis and Other Similar Practices European illicit drug markets
8. Republic Act No. 10906 - An act providing
2. Spain- It is known as the major transshipment
stronger measures against unlawful practices,
point for international drug traffickers in Europe
businesses, and schemes of matching and
and became ‘’the paradise of drug users in
offering Filipinos to foreign nationals for
Europe’’.
purposes of marriage or common law
partnership, repealing for the purpose RA No.
3. South America- Columbia, Peru Uruguay, and
6955, also referred to as the 'anti-mail order
panama are the principal sources all cocaine
bride law'" penalizes any person who has in any
supply in the world due the robust production
way engaged in business to exploit Filipinas to
of the coca plants source of the cocaine drug.
offer to foreigners for marriage
9. Republic Act No. 8239 - “Philippine Passport 4. Morocco- It is known in the world to be the
Act of 1996” number one producer of marijuana. However,
Mexico is still the major producer of cannabis.
1. Placement– This is the first step of the money- - Laundered funds are made available for
laundering process and the ultimate aim of this activities such as investment in legitimate
phase is to remove the cash from the location of or illegitimate businesses, or spent to
acquisition so as to avoid detection from the promote the criminal's lifestyle. At this
authorities. It involves a changing the bulk cash stage, the illegal money has achieved the
derived from criminal activities into a more appearance of legitimacy. It should be
portable and less suspicious form, then getting noted that not all money laundering
those proceeds into the mainstream financial transactions go through this three-stage
system. process. Transactions designed to launder
Example: Dividing large amount of money into less funds can also be affected in one or two
smaller terms that are deposited directly into stages, depending on the money laundering
different bank account. technique being used.
2. Layering – Layering involves moving funds Example: Purchase or resale of real estate,
around the financial system, often in a complex investment in securities etc. or funnel such money
serious of transactions to create confusion and into various dummy firms and get repaid
complicate the paper trail. through salaries, rent,– COLLEGE
ISABELA STATE UNIVERSITY andOF CRIMINAL
leasJUSTICE
onEDUCATION
non- existing
- It involves the movement of these funds, assets. ORGANIZED CRIME INVESTIGATION
by: Reginald C. Sibug, MSCrim.
often mixed with funds of legitimate origins,
A typical Money Laundering Scheme
through the world’s financial systems in
numerous accounts in an attempt to hide 1
the funds back into the mainstream PREDICATE CRIME
economy, where they can be invested and
spent freely.
- To conceal the illegal origin of the placed
2
funds and thereby make them more useful, PLACEMENT
the funds must be moved, dispersed and
disguised i.e. layering.
- At this stage, money launderers use many
Dirty money integrates into the
different techniques to layer the funds in financial system
order to disguise their origins. Collection of Dirty money
3 LAYERING
ACTIVITIES
Learning Task #1