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Comparative Police Systems

By Hermie Terrence I Reodava Reg. Crim.

Introduction to Policing
Police

a word originated from the Greek word politeia

politeia means government of a city

Roman change the word to politia then, French changed the word to police

Police refers to a duly constituted body of people empowered by the state to enforce the law, protect peoples property and neutralize social disorder

Term associated with Police Cop (mean police officer) Copper (means police officer) patrol is a French word patrouiller
- means to go through the puddles which mean to go over an area and clean up the mess or social disorder

Ancient Babylon (200 B.C.)


earliest record of organized police report on a clay tablet notifying the superior of a Babylonian officer that he had proceeded to a mans house as ordered and arrested the person, took his fingerprint and controlled his liberty and properties Bible mentions about the watchmen whose duty was so protect the city and arrest violation of the Kings order

Ancient Egypt (27 B.C. 14 A.D.) medjay was the early Egyptian organized police officers not members of military Composed of civilian but headed by military

Ancient Rome (27 B.C. 14 A.D.) Augustus, the first emperor to form the Vigiles Vigiles means a purposeful or watchful staying awake; keep peace and fight fires armed with staves or a thin wood or metal which its edged is being shaped sharply

Middle Ages (5th Century 1350 A.D.) frankpledge (peace-pledge) mutual protection system or joint suretyship under the system, the community was divided into tithings or group of 10 men, each member was responsible for the conduct for the other members of his group all men over 12 years of age were joined leader known as the chief-pledge or tithingman

CONCEPT OF BROTHERSS KEEPERS: if any of the members violates the law, all members are responsible for his arrest and bring the persons to authorities

England in United Kingdom or U.K. England was divided into shires or counties Each shire was headed by a REEVE appointed by the King and reports directly to him in the enforcement of law and order REEVE was vested with law enforcement powers REEVE was later known as SHERIFF or the highest rank among law enforcers

special feature of this policing system is dividing each shire or county into hundred households headed by a hundredman, later called high constable then further broken down into tithings (ten families) headed by chief tithingman later changed to constable

watchman policing system job is to patrol the town as night as a watchman later, they were employed to call out the time and weather on the hour

5th and 6th century A.D.. Saxons form Nothern Germany invaded England they introduced the policing system of HUE and CRY HUE and CRY: when a person commits a crime, or escapes from prison and was detected, the ALARM (horn) will be sounded; others who heard the alarm will cry loud and together will arrest the person

King Richard I issued proclamation entitled keepers of the peace in 1195 calls appointment of knights to keep the kings peace knight: defenders of territory; guards all entrances, gates, and bridges and check all people who enters or leaves the town

By virtue of Watch and War Act in England 1285 patrol was done in marching watches for the prime purposes of watching the walled gate of town from sunrise to sunset each district or hundred would be held responsible for unsolved crimes

King Charles II employed 100 night watchmen or Bellmen all over London 1663 Known as a charlies made named after King Charles II most members were old and decrepit; coward, dishonest, and looking for extra source of income; sometimes works for criminal as look-out or do criminal job themselves as a result, Londoners branded charlies as shiver and shake

due to charlies ineffectiveness, many businessman hired their own watchmen known as Merchant Police established in 16th century to protect and guard merchant and shopkeepers

What happened in 1748?


Henry Fielding became the Londons chief magistrate organized night courts for working people hired six (6)constables of high integrity and placed them under his leadership Fielding organized the Bow Street Runners or Thief Takers Established the robin redbreast Bow Street Horse patrol whose members wore scarlet or red waistcoat as uniform, and they patrol main roads leading to London

What happened in 1829?

the birth of modern police or new police happened Sir Robert Peel became home secretary (equivalent to DILG Sec.) of England known as father of modern policing system he introduced the first act in the parliament By Sept. 1829, first real uniformed Municipal Police Department was born Were known as Peelers

they wore blue coat and blue trousers in the winter wore white in summer and black top hat coat had single row of bright white buttons down the front and military type belt with large brass buckle carry wooden rattle used to call for help and truncheon for self defense

France during the 6th century, Paris had two (2) organized patrols: 1. Citizen Night guard 2. Royal guard French police motto: He watches that they may sleep. police power came directly from the King Responsible for conceiving street signs, house numbers, street lighting, emergency recuse services, and the system of police ambulance

established children hospital, schools for the poor and finding work for the unemployed By 1771, the position of officer de paix was formed Took its origin from the rank of military Inly officers wore uniform For non-officer, were given warrant card to distinguish from military warrant card empowers policeman to arrest; loyalty oath and identification card

Louis Mari Debellyme was appointed Perfect of COP of Paris Police in 1828 Wore tall cocked hats and blue uniforms Weapon: canes during daytime and sabers (sword) t night

United States of America


Followed the policing system of England Northern US used the watch or constable system Southern US used the sheriff system Boston Massachusetts formed the night watch in 1636 New york formed the ratelwatch or ralle watch

1844, New York organized the first modern American Police force based on the Peelian system in England Enforcement of laws thru: pose comitatus (power to summon assistance in enforcing law); used wanted poster and bounty hunter By 1920, New york Police used automobile patrol and radio communications

Philadelphia set up system that obliged citizens to serve as a watchmen; known as leadermen because they wore varnished leaderheads or hats In 1883, Philadelphia put up the first daytime paid police services Patrol in pairs at night Promotion made from within ranks and not by outside political promotion

Comparative Police System

It is the theories and practice in law enforcement has been compared in several studies under diverse circumstances.

2 Methods of Comparative Research 1. Safari method a researcher visits and learns policing system of different country. 2. Collaborative methods - the researcher communicates with a foreign researcher to learn different policing system of the country.

7 Theories of Comparative Policing


1. Alertness crime theory People report more crime to police and demand the police to become more effective in solving crime problem. 2. Economic or migration theory that crime everywhere is the result of unrestrained migration and overpopulation in urban areas such as ghettos and slums. 3. Opportunity theory Which long standards of living, victims become more careless of their belonging, and opportunities for committing crime multiply.

4. Demographic theory Based on the event when a greater number of children are being born. As these baby booms grow up, delinquent subcultures develop out of the adolescent identity crisis. 5. Deprivation theory holds that progress comes along with rising expectations. People at the bottom develop unrealistic expectations while people at the top dont see themselves rising fast enough.

6. Modernization theory Sees the problem as society becoming too complex. 7. Anomie and synomie theory the so called social cohesion values. Suggest that progressive lifestyle and norms result in the disintegration of older norms that once held people together.

4 Kinds of society and police system in the world


Folk-communal society

little codification of law no specification among police a 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. applied in early Roman gentiles, Africa and Puritan settlement in North America.

Urban-commercial society has civil law (customs and standards are written down) specialized police forces for religious offices and enforcing kings law punishment is inconsistent, sometimes harsh, sometimes lenient applied in continental Europe

Urban-industrial society

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 incentive and disincentives England and US

Bureaucratic society has a system of laws police tend to keep busy in handling political crime and terrorism system of punishment is characterized by over criminalization and overcrowding

undeveloped countries tend to be lumped into the first two, the folk-communal and Urbancommercial developed countries tend to be lumped to the last two Urban-industrial and Bureaucratic society

Comparative Court System


Adversarial court system accused is innocent until proven guilty emphasis upon determination of factual guilt in courtroom as the US does

Inquisitorial court system accused is guilty until proven innocent or mitigated and have more secret procedures trial are concerned with the legal guilt where everyone knows the offender did it the purpose is to get the offender to apologized admit to their responsibility argue for mercy or suggest an appropriate sentence for themselves

Types of Police System


Common law system known as Anglo-American justice found US England Australia and New Zealand distinguished by a strong adversarial system primarily rely on oral system of evidence in which the public trial is a main focal point

Civil law known as Continental or RomanoGermanic justice found Europe, Sweden Germany France and Japan distinguished by strong inquisitorial system where less right is granted to the accused

For example French maxim goes like this:


If a judge knows the answer, he must not be prohibited from achieving it by undue attention to regulations of procedure and evidence.

Socialist system

known as Marxist-Leninist justice exist in Africa and Asia, where there a Communist revolution distinguished by procedures designed to rehabilitate retain people into fulfilling their responsibilities to the state ultimate expression of positive law

primary characterized by administrative law, where non-legal officials make most of the decisions designed to move the state forward the perfectibility of state and mankind

For example, in a socialist state, neither judges nor lawyers are allowed to make law. Law is the same as policy, and an orthodox Marxist view is that eventually, the law not be necessary.

Islamic system

known as Muslim or Arabic justice derives all their procedures and practices from interpretation of the Koran exceptions, various tribes are descendants of the ancient Greeks and practice Ufff law rather than the harsher Shariah punishments characterized by the absence of the positive law and are based more on the concept of natural justice

2 Model of Police system


1. Continental police system police
effectiveness on crime control is based on the number of arrests and people put into the jail for punishment.

2. Modern police system uses measurement of


crime control efficiency and effectiveness based on the absence of crime or low crime rate to include citizens satisfaction in terms of peace and order that propels progress.

Transnational Organized Crime


A continuing criminal enterprise that rationally works to profit from illicit activities that are often in great public demand. Its continued existence is maintained through the use of force, threats, monopoly control, and/or the corruption of public officials.

Entrepreneurial Rationale
Like legitimate business, transnational criminal enterprises are embracing globalization by adopting new communication and transportation technologies which allow them to pursue global markets.
(Center for Strategic and International Studies, 2001)

Transnational Crime Problem Worldwide


Major issues creating the rise of transnational organized crime:

Globalization of the world economy, i.e., downfall of the Soviet Union and the switch to a free-market economy in China Emerging democracies Economic independence throughout the world Opening of the borders for trade and travel Seamless electronic environment

The Scope of Organized Crime


Organized crime involves two types of activity:

Provision of illicit goods and services and/or Infiltration of legitimate business

Provision of Illicit Goods and Services


(Enterprise Syndicates)

Traditional Activities:

Harm
Consensual Activities* No Inherent Violence Economic Harm
* Between the organized crime group and the customer. Gambling, loansharking, prostitution, narcotics, stolen property

Contemporary Activities:
Theft of intellectual property, illicit arms trafficking, money laundering, and trafficking in persons

Infiltration of Legitimate Business


(Power Syndicates)

Traditional Activities
Harm
Nonconsensual Activities Threats, Violence, Extortion Economic Harm Coercive use of legal businesses for purposes of exploitation

Contemporary Activities
Bankruptcy fraud, insurance fraud, extortion by computer

Violence
The use of violence occurs as either a part of an extortion scheme or else to enforce agreements.*
Threats and actual violence have several objectives:

Intimidate outsiders Terror/fear directed at potential informers Discourage competition Settle disputes

* Agreements to provide illegal products cannot be enforced in court.

Organized Groups

Pre-existing social or culturally-based groups: Groups that have ongoing hierarchical structures from bosses to soldiers, longstanding criminal activities due to their influence in a local area, socialize as a group and engage in neighborhood life apart from crime, i.e., Mafia groups, Yakuza. Groups that emerge to exploit a specific criminal opportunity: Entrepreneurial, small, inter-ethnic ad hoc groups with limited hierarchy and limited group cohesiveness. Networking among groups occurs when needed to carry out a criminal activity, i.e., Russian Mafia, Ukraine, and South African groups.

Selected Regions and Transnational Crime

EUROPE: a continent in transition with the European Union (EU) expanding from 15 to 25 countries. EU member states report the existence of 4,000 organized crime groups with approximately 40,000 members in 2003 (Europol, 2003). Groups include: traditional European groups, ethnic Albanian groups, Russian groups, Turkish groups, Nigerian groups, Colombian groups, Chinese groups, Moroccan groups, and the Accession states Poland, Estonia, Lithuania, Romania, and Bulgaria, and finally, the Stans.

Selected Regions and Transnational Crime

CENTRAL ASIA: developing countries rich in resources, i.e., water and oil. However, influenced by corrupt governments, longstanding ethnic divides, and a geographic location between major drug producing regions. Kazakhstan, Tajikistan, Turkmenistan, Uzbekistan, and Kyrgyz Republic. At high risk for organized crime problems. SOUTH AFRICA: organized crime involve a loose and highly interchangeable association of people, which include government officials and businesses, responsible for $8 billion dollars of dirty money flowing through South Africa.

Corruption
Corruption is the abuse of a position of power for illegitimate private gain, i.e., conflict of interest, embezzlement, bribery, political corruption, nepotism, or extortion.
Factors which contribute to corruption:

A weak government Weak accountability in government agencies Low pay of civil servants Corruption in the criminal justice system Influence of organized crime

Response to Transnational Organized Crime


The best example of international cooperation against organized crime is the United Nations Convention Against Transnational Organization (signed by 147 countries in 2003). The goals of the Convention are to develop and monitor binding agreements which target measures that include:

criminalizing participation in a criminal group money-laundering laws extradition laws mutual legal assistance specific victim protection measures law enforcement provisions

Predictions About Transnational Crime Issues


Computer Crime

Human Trafficking and Migrant Smuggling


Terrorism

Human Trafficking and Migrant Smuggling


With the opening of international borders, the globalization of the economy, and improvements in the ease of travel and communications has come a significant increase in problems related to human trafficking and migrant smuggling.
Increased problems include the exploitation of groups of individuals who are impoverished and vulnerable and who seek a better alternative to their current life situation.

Human Trafficking
The illegal sale or trading of persons across borders against their will for financial gain. Estimates* note that the number of women and children trafficked each year is between 700,000 and 2 million with most of them coming from Southeast Asia, Latin American, and Eastern Europe (Richard, 2000).
* It is extremely difficult to determine the true extent of the problem.

Human Trafficking and Its Impact


Human trafficking results in the following negative consequences:

Promotes social breakdown

Fuels organized crime


Deprives of human capital Undermines public health

Subverts government authority


Imposes enormous economic costs

Migrant Smuggling
Migrant smuggling is the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a state party of which the person is not a national or permanent resident, (Article 3 of the UN Protocol against the Smuggling of Migrants by Land, Air and Sea).

Migrant Smuggling
In contrast to human trafficking, migrant smuggling varies in one important way victimization. In the case of migrant smuggling the person involved voluntarily submits to being engaged in criminal activity. Factors such as economic deprivation, political instability, and ethnic strife, motivate individuals to cross borders in search of a better life. Restrictions by governments on the flow of immigration has therefore created a lucrative business in the form of migrant smuggling.

Illegal Migrants

Estimates place about 300,000 people smuggled into western Europe each year. Russian migration officials estimate that up to 2 million Asian and African illegals are living in Russia. In the United States, approximately 10.3 million illegal migrants were estimated to be living in the U.S.; 57% Mexican, 24% Latin American, 9% Asian, 6% Europe/Canada, 4% African-other. (Task Force Report, 2005; Pew Hispanic Center based on 2004 Current Population Survey and 2000 Census).

Computer Crime
Cybercrime has spread from minor crimes of consumer fraud to major crimes that affect national security systems. The major problem is that computer networks and the Internet do not recognize international boundaries.

Computer Crime
Two types of computer crime are generally acknowledged: (1) a crime in which the computer is used as a tool, or, (2) a crime in which the computer is used as a target.
Categories of computer crime include:

Violations of or into telephone systems Violations of or into major computer networks, i.e., viruses to damage or destroy data Computer privacy (pirating of licensed software) Industrial espionage Cyber crimes: cybertheft, cyberstalking, cyberbanking fraud, cyberporn, cyberterrorism

Terrorism
(Major Issues)

A complex international response, i.e., Interpol, Europol, and United Nation Security Council resolutions, G8 and G20 groups, and bilateral agreements. Military and police issues, i.e., small cell groups spread around the globe.

Adjudication crime and punishment and the rule of law versus humanitarian law and international human rights. An old problem with new players.
The growth and collaboration of traditional criminal enterprises, i.e., Russian Mafia, Triads, and Mexican and Columbian drug gangs beginning to link political extremism with their propensity towards transnational crimes. Inter-ethnic networking.

Terrorism
(Major Issues)

Weapons of mass destruction which include nuclear, chemical, or biological (bacteria, viruses or toxins) weapons. Cyberterrorism which includes computer viruses and complex systems that infiltrate defense systems, cutting water supplies, and disrupting transportation systems. Evolving technologies: Electromagnetic pulse technologies, plastics which can be converted into weapons, and liquid metal embrittlement technology.

Major Transnational Organized Crime Groups


Well-known organized crime groups include: Russian Mafia. Around 200 Russian groups that operate in nearly 60 countries worldwide. They have been involved in racketeering, fraud, tax evasion, gambling, drug trafficking, ransom, robbery and murder. La Cosa Nostra. Known as the Italian or Italian-American mafia. The most prominent organized crime group in the world from the 1920s to the 1990s. They have been involved in violence, arson, bombings, torture, sharking, gambling, drug trafficking, health insurance fraud, and political and judicial corruption.

Yakuza Japanese criminal group. Often involved in multinational criminals activities, including human trafficking, gambling, prostitution, and undermining licit businesses. FukChing Chinese organized group in the United States. They have been involved in smuggling, street violence, and human trafficking. Triads Underground criminal societies based in Hong Kong. They control secret markets and bus routes and are often involved in money laundering and drug trafficking.

Heijin Taiwanese gangsters who are often executives in large corporations. They are often involved in white collar crimes, such as illegal stock trading and bribery, and sometimes run for public office. Jao Pho Organized crime group in Thailand. They are often involved in illegal political and business activity. Red Wa Gangsters from Thailand. They are involved in manufacturing and trafficking methamphetamine.

Connecting police Securing the world

Role of INTERPOL

INTERPOL a global organization


Created in 1923, INTERPOL is the worlds largest international police organization, with 190 member countries General Secretariat in Lyon, France, six Regional Bureaus, one Liaison Office, and Special Representatives of INTERPOL to the United Nations and to the European Union in Brussels. Four official languages: Arabic, English, French and Spanish A National Central Bureau (NCB) in each member country

INTERPOL National Central Bureaus - NCBs


General Secretariat

NCBs
Specialised Law enforcement agencies

Airports Ports

Borders

Police stations

INTERPOLs 4 core functions

Secure global police communications services

Operational data Services and databases for police

Operational police support services

Police training and development

Core function #2: Operational data services and databases for police

INTERPOL Notices and Diffusions

Wanted persons
Seeking additional information

Warnings about known criminals


Missing persons Unidentified bodies
Special INTERPOL-UN Security Council

Warnings of threats + Diffusions

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