COMPARATIVE MODELS IN POLICING Police - The governmental department charged with the regulation and control of the affairs of a community, now chiefly the department established to maintain order, enforce the law, and prevent and detect crime. (French word) COMPARATIVE - an estimate of relative likeness or unlikeness of two objects or event GLOBALIZATION - package of transnational flow of people, production, investment, information, ideas and authority. - growing interpenetration of states, markets, communication and ideas. - The process of creating transnational markets, politics, and legal systems in an effort to form and sustain a global economy. - North Korea - non-globalized country - Philippines - globalized country EFFECTS OF GLOBALIZATION to Law Enforcement - law enforcers are expected to be the protector of the people…….unaccountable flow of migration and open markets present new threats to state-based human rights regimes – great challenge to law enforcement. - Industry - Culture Threats to Law Enforcement increasing volume of human rights violations as evidence by genocide and mass killing conflict between nations Transnational criminal networks for drug trafficking, money laundering, terrorism TYPES OF POLICE SYSTEM 1. Common Law Systems - usually exists in English speaking countries of the world - there is strong adversarial system and rely upon oral system of evidence in which the public trial is a main focal point - also known as “Anglo-American Justice” - followed by the Philippines 2. Civil Law Systems - distinguished by strong inquisitorial system where less right is granted to the accused and the written law is taken as gospel and subject to little interpretation - also known as “Continental Justice or Romano-Germanic Justice” 3. Socialist System - distinguished by procedures designed to rehabilitate the offender. - known as Marxist-Leninist Justice and exist in places such as Africa and Asia 4. Islamic System - based more on the concept of natural justice or customary law or tribal traditions - muslim/arab justice - based on koran Provided by Angelo Joseph Agustin - Shari’a Law THEORIES OF POLICE SERVICE Continental - is the theory of police service which maintains that police officers are servants of higher authorities. This theory prevails in the continental countries like France, Italy and Spain. Home Rule - the theory of police service which states that police officers are servants of the community or the people. This theory prevails in England and United States. It is also the police service which prevails in country with decentralized form of government. This is likewise the police service theory that should prevail in the Philippines based on the existing laws, concepts and principles. CONCEPT OF POLICE SERVICE a. Old police service - states that the yardstick of police proficiency relies on the number of arrest made. b. Modern police service - states that the yardstick of police proficiency relies on the absence of crime. Adopted by the Philippines. c. Deviance Control - is the modern police function which primarily involves the mission to reinforce community values and laws. This was adopted by Germany, China and Japan. - Deviance Act - an act against the norm. It can also be considered a crime or not. d. Civil order control - is not organizationally separated from deviance control but is performed by regular street police in the country of England and United States. EVOLUTION OF POLICING SYSTEM Praetorian guards - military bodies who serve as guardians of peace in ancient Rome in which the idea of policing said to have originated Officer de la Paix - a French term which claimed to be the origin of the term Police Officer 1. Anglo-Saxon Period of Policing System (Ancient England) A. Tun Policing System A system of policing emerged during the Anglo-Saxon period whereby all male residents were required to guard the town (tun) to preserve peace and protect the lives and properties of the people. About 700 AD, the people living in England in small rural towns used the Anglo-Saxon System. Ten families in a town (tun) equaled a tithing. Each tithing elected a leader who was known as the Tithingman. Since 10 tithings amounted to 100, the leader of the 100 families was named the reeve. Both the tithingman and reeve were elected officials. They possessed judicial power as well as police authority. Provided by Angelo Joseph Agustin B. Hue and Cry A village law started in Britain which provided methods of apprehending a criminal by an act of the complainant to shout to call all male residents to assemble and arrest the suspect. C. Trial by Ordeal A judicial practice where in the guilt or innocence of the accused is determined by subjecting him to an unpleasant, usually dangerous, experience. (In present terminologies, it would mean an employment of a “3rd degree.”) The word “ordeal” was derived from the Medieval Latin word “Dei Indicum” which means “a miraculous decision.” 2. Norman Period of Policing System This system of policing existed during the time of Norman William The Conqueror (King of France). When he invaded and conquered England, a military regime of conquers and dictators began and changed the concept of crime being committed against the state. A. Shire-Rieve Shire-Rieve was a policing system during the Norman Period when England was divided into fifty-five (55) military areas, each headed by a ruler called the Rieve (head-man or lieutenant of the army). The fifty-five (55) military divisions in England are called shires. The shire-rieve had absolute powers that no one could questions his or her actions. Two “Constabuli” or “The Keeper of the Horse” were appointed to each village to aid the Rieve in his duties. It became the source of the word Constable. The term “Shire-Rieve” is said to be the origin of the word “Sheriff.” B. Travelling Judge or Circuit Judge A judge selected to hear cases which were formerly being judged by the Shire-Rieve and tasked to travel through and hear criminal cases. This was the first instance of the division of the police and judicial powers. C.Legis Henrici (Laws of Henry I) An act that was enacted during this period with the following features: Offenses were classified as against the king and individual. Policeman becomes public servant. The police and the citizens have the broad power to arrest. It introduced the system called “citizen’s arrest.” Grand Jury was created to inquire on the facts of the law. A system which made inquisition onto the facts of a crime and eliminate the “Anglo-Saxon Trial or “Trial by Ordeal System.” D.Frankpledge System A system of policing whereby a group of ten neighboring male residents over twelve years of age were required to guard the town to preserve peace and Provided by Angelo Joseph Agustin protect the lives and properties of the people 3. Westminster Period of Policing System It is called by this name because the laws governing policing came out of the capital of England, which at the time was Westminster. This period has the following features: Guards were appointed and the duties of the constables at night (watch) and in daytime (ward) were defined Statute of Westminster of 1285, a collection of regulations aimed at keeping the peace. B. Statute of 1295 The law that marks the beginning of the curfew hours, which demanded the closing of the gates of London during sundown. C. Justice of the Peace (About 1361) Three or four men who were learned in the law of the land were given authority to pursue, arrest, chastise and imprisonment violators of law. They handled felonies, misdemeanors and infractions of city or village ordinances. This was later abolished about 75 years after. D. Star Chamber Court (1487) A special court designed to try offenders against the state. The room set-up is formed in a shape of a star and judges were given great powers such as the power to force testimony from a defendant leading to a great abuse of power or brutality on the part of the judges. 4.Keepers of the Peace A proclamation issued by King Richard of England sometime in 1195 that required the appointment of knights to keep the King’s peace by standing as guards on bridges and gates while checking the people entering and leaving the cities and towns. 5.King Charles II of England (1663) King Charles II passed an act which established or promoted the employment of watchmen or bellmen to be on duty from sunset to sunrise. 6.Magna Carta or "The Great Charter" A law promulgated by King John of England upon the demand of the Knights of the Round Table forcing the King to sign the same with the following features: No freeman shall be taken, imprisoned, banished or exiled except by legal judgment of his peers. No person shall be tried for murder unless there is proof of the body of the victim. Provided by Angelo Joseph Agustin LONDON POLICING PRIOR TO 1829 Henry Fielding - appointed as Magistrate in 1748, introduced the first detective force, known as the Bow Street Runners Bow Runners - a group of men organized by Henry Fielding and named by his brother John Fielding task to catch thieves and robbers identified by carrying a Tipstaff with the Royal Crown - made up of eight constables who also investigated crimes handed over to them by the volunteer constables and watchmen 1798 - Marine Police Force was established, salaried constables were being paid by local magistrates. - initially made up of 220 Constables assisted by 1,000 registered dock workers, and was responsible for preventing the theft of cargo. - widely regarded as being the first modern police force in the world, in the sense that they were not government controlled and were responsible for the prevention of crime. LONDON 1829 Sir Robert Peel - appointed as Home Secretary in 1822 METROPOLITAN POLICE - organized in 1829 by Sir Robert Peel (Metropolitan Police Act of 1829) - the largest of the police services that operate in greater London (the others include the City of London Police and the British Transport Police) - finest police force around the world. - Peelers, Bobbies, Blue Devils “TOTAL POLICING” - motto of London Metropolitan Police Peelian Principle - “The Police are the Public and the public are the Police.” IMPORTANT DATES 1833 - Coldbath Fields Riot (Grays Inn Road). A major crowd disturbance dealt with by the Metropolitan Police with controversial use of force. 1836 - The Metropolitan Police absorb the Bow Street Horse Patrol into its control. 1838 - incorporates Marine Police and Bow Street Runners into the Metropolitan Police and the disbandment of the Bow Street Office and other Offices. These were all agreed and put into effect. Administration Policing Principles of London Metropolitan Police 1.Stable and effective civil police under government control 2.Absence of crime is the best proof of efficiency 3.Fast distribution of crime news to the police is essential. Provided by Angelo Joseph Agustin Commissioner - highest rank in the Metropolitan Police Police Constable - lowest rank Contributions of the French in Policing Assigning house numbers Installing street lights Use of police ambulances Use of warrant card and ID signifying the authority to arrest Provided by Angelo Joseph Agustin