RADIANCE PROFESSIONAL SEMINARS AND REVIEW CENTER

Villasis, Pangasinan
“Your Light to Success”

COMPARATIVE POLICE SYSTEM

 From the simplest social structure - the family, to the most complex-the community of
nations, it is essential that certain norms and conduct are to be established and observed
in order to ensure that the cordial and harmonious relationship among its members are
preserved and maintained…
 It is in the field of law enforcement that the police are most involved in the complicated
inter-relationship within a social structure. The effectiveness of a police organization is
essentially dependent on the manner the same is managed, administered and controlled
and most especially on the trust that the citizens-clientele of policing business bestow
upon it.

Primitive Evolution of the Policing System

 The police under the local setting primitively evolved from the practice of the different
tribes to select able-bodied young men to protect the people from the assault of the
rival tribe, and to maintain peace and order within the village…

Present day Policing system

 Globalization has set a new pace in many aspect s of our lives, including policing and
crimes. Transnational crimes cross across borders and the need for bilateral and
international cooperation became imperative…

The study of comparative police system, criminal justice and law is a fairly new field and has
corresponded with rising interest a more established field, comparative criminology. However, in
this chapter, we will present some issues which will bring you to discover ideas useful in the
conceptualization of successful crime control policies.

Rationale

With globalization goes transitional crimes like terrorism, drug trafficking, money,
money laundering and human smuggling. Transitional crimes across borders and the need for
bilateral and international cooperation become imperative. It is also essential to study trends
policing because the speed by which changes affect the lives of people disturbs traditional values
and social arrangements which used to unite people in pursuing common goals in the past. This
state of anomie (as Merton termed it) or ¡§Formlessness¡¨ brings about a new breed of crimes
which the police normally is not able to gain insights into how to deal with transitional or
borderless crimes. Besides, best practices may be adopted from other police models in order to
make policing in the Philippines more current and effective.

The need for Innovative Policing

Theories and practices in law enforcement have been compared in several studies under
diverse circumstances; the goal is to test whether the theory and practice in policing needs
innovation to meet the demands of the present trends in crime fighting. Comparative research is
usually carried out by the ¡§safari¡¨ method (a researcher visits another country) or
¡§collaborate¡¨ method (the researcher communicates with a foreign researcher). Published
works tend to fall into three categories: single-culture studies (the police and the crime problem
of a single-foreign country is discussed), two-culture studies (the most common type), and
comprehensive textbooks (which cover three or more countries). The examination of crime and
its control in the comparative context often requires historical perspective since the phenomena
under the study are seen as having developed under unique social, economic, and political
structures. Hence the method most often employed by researchers is the historical ¡Vcomparative
method. On the other hand, whatever method used in comparative research in this subject matter,
one thing is evident ¡V police systems are now moving towards innovate law enforcement.

GLOBALIZATION AND LAW ENFORCEMENT

Every nation has its own law enforcement agency called the Police. One thing is
common. The police symbolize the presence of a civil body politics in everyday life; they
symbolize the capacity of the state to intervene and the concern of the state for the affairs of the
citizenry. It is therefore timely discuss the connection of globalization to policing.

What is Globalization?

Globalization is a package of transitional flows of people, production, investments,

information, ideas and authority.
Alison Byrsk in a digest paper stated that globalization is the growing interpenetration of
states, markets, communications and ideas. It is one of the leading characteristics of the
contemporary world. International norms and institutions for the protection or policing human
rights are more developed than at any previous point in history, while global civil society fosters
growing avenues of appeal citizens repressed by their own states.

But assaults on fundamental human dignity continue, and the very blurring of borders and
rise of transnational actors that facilitated the development of a global human rights regime may
also be generating new sources of human right abuse.

With Byrsk¡¦s view on globalization and human rights, a more broadly articulated and
accepted way of protecting these rights is with in the hands of Law Enforcement Agencies in the
world. The rights of individuals have come to depend ever more on a broad array of global
system of policing and forces, from the local police to the INTERPOL.

The need for Innovative Policing

Theories and practices in law enforcement have been compared in several studies under
diverse circumstances; the goal is to test whether the theory and practice in policing needs
innovation to meet the demands of the present trends in crime fighting. Comparative research is
usually carried out by the ¡§safari¡¨ method (a researcher visits another country) or
¡§collaborate¡¨ method (the researcher communicates with a foreign researcher). Published
works tend to fall into three categories: single-culture studies (the police and the crime problem
of a single-foreign country is discussed), two-culture studies (the most common type), and
comprehensive textbooks (which cover three or more countries). The examination of crime and
its control in the comparative context often requires historical perspective since the phenomena
under the study are seen as having developed under unique social, economic, and political
structures. Hence the method most often employed by researchers is the historical ¡Vcomparative
method. On the other hand, whatever method used in comparative research in this subject matter,
one thing is evident ¡V police systems are now moving towards innovate law enforcement.

GLOBALIZATION AND LAW ENFORCEMENT

Every nation has its own law enforcement agency called the Police. One thing is
common. The police symbolize the presence of a civil body politics in everyday life; they
symbolize the capacity of the state to intervene and the concern of the state for the affairs of the
citizenry. It is therefore timely discuss the connection of globalization to policing.

What is Globalization?

Globalization is a package of transitional flows of people, production, investments,

information, ideas and authority.
 Alison Byrsk in a digest paper stated that globalization is the growing interpenetration of
states, markets, communications and ideas. It is one of the leading characteristics of the
contemporary world. International norms and institutions for the protection or policing human
rights are more developed than at any previous point in history, while global civil society fosters
growing avenues of appeal citizens repressed by their own states.

But assaults on fundamental human dignity continue, and the very blurring of borders and
rise of transnational actors that facilitated the development of a global human rights regime may
also be generating new sources of human right abuse.

With Byrsk¡¦s view on globalization and human rights, a more broadly articulated and
accepted way of protecting these rights is with in the hands of Law Enforcement Agencies in the
world. The rights of individuals have come to depend ever more on a broad array of global
system of policing and forces, from the local police to the INTERPOL.

Effects of Globalization on Law Enforcement

Every law enforcement agency in the world is expected to be the protector of the
people¡¦s rights. Globalization hands great impact on every human right.

The emergence of an ¡§international regime¡¨ for state security and protection of human
rights, growing transitional social movement networks, increasing unconsciousness and
information politics have the potential to address both traditional and emerging forms of law
violations. Open international system should free individuals to pursue their rights, but large
numbers of people seem to be suffering from both long-standing state repression and new
denials of rights linked to transitional forces like international terrorism and other acts against
humanity.

The challenge of globalization is that unaccountable flows 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.

Threats on law enforcement: Some threats brought about by globalization are:

1. Increasing volume of human rights violations evident by genocide or mass killing

2. The underprivileged gain unfair access to global mechanism on law enforcement and security
3. Conflict between nations
4. Transitional criminal networks foe drug trafficking, money laundering, terrorism, etc.

Opportunities for law enforcement: While globalization brings the threats and many
other threats to law enforcement, opportunities like the following are carried:

1. Creation of International tribunals to deal with human rights problems

2. Humanitarian interventions that can promote universal norms and link them to the
enforcement power of states
3. Transitional professional network and cooperation against transitional crimes
4. Global groups for conflict monitoring and coalitions across transitional issues

Globalization: The Two Sides of the Coin

 GLOBALIZATION is a package of transnational flow of people, production,
investment, ideas and authority.
 It is the growing interpenetration of states, markets, communications and ideas..
 Challenges to law enforcement…
• Unaccountable flow of migration and open markets present new threats, which are
not amenable to state-based human rights regimes
• Insufficiently accessible opportunities to global information
 • Persistent state interventions

Three “Generations” of Human Rights

 Security Rights
 Social Rights
 Economic Rights

Threats to Law Enforcement

 Increasing volume of human rights violation
 The underprivileged gain unfair access to global mechanisms on law enforcement and
security
 Conflict between nations
 Transnational criminal networks flourish

Opportunities for Law Enforcement

 Creation of international tribunals
 Humanitarian interventions
 Transnational professional networks and cooperation against transnational crimes
 Global groups for conflict monitoring

The Policing System of a territory mirrors its Government…

 Forms of government
 Anarchy
• Greek word “anarchia” meaning “without ruler”
• A society free from coercive authority of any kind
• Independent from rule or authority
• The legitimacy of the state is gained through consent, not through coercion
 Aristocracy
• Greek word “aristokratia” meaning “rule of the best”
• Selected few such as the wisest, strong or contributing citizens rule
• It deforms when it becomes hereditary
 Authoritarianism
• Characterized by an emphasis on the authority of the state in a republic or union
• A political system controlled by non-elected rulers who usually permit some
degree of individual freedom
• “rule of men” NOT “rule of law”
• Marked by “indefinite political tenure” o the ruler or ruling party
 Autocracy
• The political power is held by a single, self-appointed ruler
• Greek word with the literal meaning “he who rules by one’s self” or “self-ruler”
 Communism
• Characterized by single-party rule of Communist party and a professed allegiance
to a communist ideology
• Claims to act in accordance with the wishes of the industrial working class
• Governments assert that they represent the democratic dictatorship of the
proletariat
 Corporatocracy
• A corporation, or group of corporations or government entities with private
components, control the direction and governance of a country
 Demarchy
• From the Greek word “demos” meaning “people”
• A hypothetical political system run by randomly selected decision makers who
have been selected by sortition
 National systems of criminal justice division
 As to Nation
• Western System
• Non-Western System
  As to Model
• Common Law System
• Civil Law System
• Islamic System
• Socialist System
 The Common Law System
• Also known as Anglo-American Justice
• Adversarial-based
• Involves two opposing sides of a lawyer
• Relies on prior court decisions
• Rely upon oral system of evidence in which the public trial is a main focal point
 The Civil Law System
• Also known as Continental Justice or Romano-Germanic Justice
• Strong inquisitorial system
• Pre-trial inquiry and application of written law guides society in its quest for
justice
 The Islamic Justice
• Arabic Justice
• Rooted in religious values and derives its premises from the Koran
• Legal rule and religious rule are usually together (theocracies)
 The Socialist System
• Reflects a Marxist-Leninist ideology
• Distinguished by procedures designed to rehabilitate or retrain people into
fulfilling their responsibilities to the state
• Characterized by administrative law, where non-legal officials make most of the
decisions

Law enforcement in global perspective

 Directions in Police Research
• Devoted to comparisons of the various styles of policing across the world
• Investigations focus on international developments of police across the borders of
the countries
Research is a key to progress. It is a careful, critical, disciplined inquiry varying in technique
and method according to the nature and conditions of a problem identified, directed towards
the resolution or clarification of a problem…

Comparative Research of law enforcement organizations investigates a variety of

issues, including the function and organization of police in different countries, and the cross-
cultural use of selected police strategies.
 Comparative police research
 Common Method
• Safari Method
• Collaborative Method
 Type of Study
• Single-culture Study
• Two-Culture Study
• Comprehensive Study
 Theories of Comparative Policing
• Alertness to Crime Theory
• Economic Theory / Migration Theory
• Opportunity Theory
• Demographic Theory
• Deprivation Theory
• Modernization Theory
• Theory of Anomie and Synomie
 Types of society
 Folk-Communal Society
• Little codification of law
• No specialization among police
• System of punishment is harsh and barbaric
 Urban-Commercial Society
• Governed by civil law
• With specialized police forces
• Punishment is somehow inconsistent
 Urban-Industrial Society
• Governed by codified laws and laws which prescribe good or standard behaviors
• Police are specialized to handle property crimes
• Run by market principles (incentives vs. disincentives)
 Bureaucratic Society
• With system of laws (armies of lawyers)
• Police concentrates on political crimes and terrorism
• System of punishment is characterized by over criminalization and overcrowding
• Juvenile delinquency mostly occurs among this type of society
 The Post-Modern Society
• Concentrates on the meaning of words and deconstruction of institutions

Model police systems

 Japan
• Government: Constitutional monarchy
• Ceremonial Figurehead: Emperor
• Head of government: Prime Minister
• Judicial System: Civil Law
• Notable Facts about the Jap Police
• 1874 – Keihoryo was created under the Ministry of home Affairs
• 1925 – Tokko was created to regulate the content of motion pictures, political
meetings and election campaigns
• Kempeitai – Imperial Japanese Army’s military police
• Tokeitai – Imperial Japanese Navy
• National Police Agency – the central coordinating body for the entire police
system
 National Police Agency…
• Supervised by the National Public Safety Commission
• Five Bureaus: (a) Police Administration Bureau; (b) criminal Investigation
Bureau; (c) Traffic Bureau; (d) Security Bureau; and (e) Regional Public Safety
Bureau
• Local Forces:
 The Koban System
• Koban refers to Police Boxes or substations
• Located near major transportation hubs and shopping areas and residential
districts
• 20 per cent total police force
• Staffed with three (3) or more police officers, eight-hour shift
• Base for foot patrols
Ranks
• Commissioner General
• Superintendent General
• Superintendent Supervisor
• Chief Superintendent
• Senior Superintendent
• Superintendent
• Police Inspector/Captain
• Assistant Police Inspector/Lieutenant
 • Police Sergeant
• Senior Police Officer/Corporal
• Police Officer/Patrolman
 Switzerland
• “Iron Fist, Velvet Glove” approach
• “There is no crime in Switzerland”
• Swiss Crime Control is highly effective
• The country has a Federal structure and Cantonal sovereignty
• No single police force
 Structure of the Swiss Police
• Communal Police Corps
• Established among Communes with high level of autonomy
• Cantonal Police Corps
• Established on each canton
• Divided into two categories: the German-speaking cantons, and French-
speaking cantons
• Federal Police Corps
• Works with international and cantonal partners as a center for information,
coordination and analysis in matters concerning internal security
 Egypt
• Head of State: President
• Low crime rate, until recent incidents took place
• 1981 – 2011: autocratically ruled by Mohammed Mubarak
• Type of police system: Islamic and Civil law (particularly Napoleonic Codes)
• Judicial review done by a Supreme Court
 Four Deputy Ministers of Interior
• Public Security
• Special Police
• Personnel Affairs
• Administrative and Financial Affairs
 Mexico
• Divided into Federal, State, and Municipality entities
• Two (2) Federal Police forces, 31 State Police forces, and an estimate of 1,600
Municipal Police Forces
• Police Ratio: 366 officers per 100,000 people
• Total strength (as of 2012): 544,000 police officers