law.docx

INTRODUCTION Law Enforcement organization and Administration LEA 1 CHAPTER 1 Law enforcement is an activity o[f government agencies] that act in an organized manner to Enforce the law by discoverıng, deterring, rehabilitating, or punishing persons who violate tne rules and Norms governing that...

INTRODUCTION Law Enforcement organization and Administration LEA 1 CHAPTER 1 Law enforcement is an activity o[f government agencies] that act in an organized manner to Enforce the law by discoverıng, deterring, rehabilitating, or punishing persons who violate tne rules and Norms governing that society. However, as society evolves, it is most frequently applied to those who directly engage in crime Prevention, crime control, and maintenance of peace and order, typically carried out by the police or Another law enforcement organization with particular or specific legal mandates to enforce the law. Hence, law enforcement is usually called the police. This chapter discusses the origin ot the word police, its fundamental theories, concepts of police Service, police objectives, and basic functions. ETIMOLOGY AND DEFINITION OF THE WORD "POLICE" "POLICE" [Greek word] POLITEIA, means "a government of a City," [Romans] borrowed the word modifying it to POLITIA, meaning. "a government of a City," [Middle French] word PORICE, which means "public order assured by the State". Modern usage of "police" as the "civil force responsible for maintaining public order and enforcing the law. came only into recorded use in the English language in 1798 when the Marine Police was established to protect merchant shipping on the River Thames in London. POLICE- a body of armed men, which as an institution, can exercise its duties by armed physical forces to preserve peace and order, detection of crime, and the execution of laws. FUNDAMENTAL THEORIES OF POLICE SERVICE 1. The Continental Theory. In this theory, police officers are considered servants of the higher Authorities, and the people have little or no share at all in their duties, nor any direct connection With them. This theory prevails among continental countries like France, Itaily, and Spain, where Governmental structure follows the *centralized pattern.* 2. The Home Rule Theory. Policemen are considered servants of the Community, who depend on Policemen are civil employees whose primary duty is to preserve public peace and security. This Is practiced in England and in the United States of America, where the governmental structure is A *decentralized pattern.* CONCEPTS OF POLICE SERVICE 1\. Old concept. In this concept, the police are looked upon as merely repressive machinery. This means placing more people in jail rather than keeping them out of jail. Punishment is the only Instrument ft crime control, and the *yardstick* or police efficiency IS *more on the arrest.* 2 Modern Concept. This concept considers the police service as an organ of crime prevention. Its activities include certain aspects of social services and have for its objectives the welfare of the individual and society. The yardstick of police efficiency is the absence of crime POLICE OBJECTIVES 1. To *protect* the *lives and limbs* of every member of the Community: 2. To make sure there is an *order* in the Community: 3. To *protect the properties* of the citizenry; and 4. To *render appropriate assistance* to other government offices concerned BASIC POLICE FUNCIIONS 1\. Crime Prevention. It is directed at the elimination or reduction of the desire to commit a crime. Crime prevention must be coordinated very closely with other agencies such as the criminal Justice system or other sectors ot society. 2\. Crime Control. Refers to the control or neutralization of criminal activity. The key to crime control is proper enforcement of the Revised Penal Code and Special Penal Laws governing criminal acts. 3\. Reguiations or Controi of Non-Criminai Conduct. Done by enforcing rules and regulations and ordinances all aimed at achieving a desired uniform standard of activity among members of society. THREE (3) GENERAL CATEGORIES OF POLICE ACTIVITIES 1\. Line, or Operation Police Functions. These refer to activities such as patrol work, traffic control/management, criminal investigation, and juvenile and vice control. The accomplishment of these primary tasks should achieve the police objectives. 2\. Auxiliary, or Service Functions. These take charge of transportation, communication, property supply, records, laboratory, jail or custody maintenance, and identification. These tasks shall assist and effectively support the primary tasks in the accomplishment of the police objectives. 3\. Administrative or Managerial Functions. These include personnel, intelligence, inspection, planning activities, budgeting, training, and public relations. These tasks should effectively *support the primary and secondary* police tasks in attaining police objectives. CHAPTER 2: ORGANIZATION AND ADMINISTRATION'S CONCEPTS ANU PRINCIPLES CONCEPT OF ORGANIZATION A consciously coordinated social entity with a relatively identifiable boundary that functions on a Relatively continuous basis to achieve a common goal or set of goals. A group of persons/form of human association working together for a common goal or objectives. A system of coordinated activities of a group of peopłe working in a concentrated manner towards A common goal *under an authority and leadership.* ORGANIZATIONAL STRUCTURE A mechanical method indicates the relationships between the various workers, workgroups, and Functions within an organization. Types ot Organizational Structures 1. Line/Military. Authority flows from the top to the bottom in a clear and unbroken line called "scalar chain," wherein all operations and functions are included. *Oldest and simplest kind; also called military.* Clear chain of command from the highest to the lowest and vice versa. Depicts the line functions of the organization. Few departments. Orders or commands must come from the higher level of authority before it can be carried Out. 2. Line and Staff. It refers to the addition of support functions to the line. The line is supplemented By the staff, which gives advice and assistance to the line in carrying out its objectives. Organi2tións Combination of the line and functional kind. Combines the tlow ot intormation from the line structure with the statt departments that Service, advise, and support them. Generally, more formal in nature and has many departments. Channeis of resposibility are to "think and provide expertise" for the line units. 3. Functional. This modified line and staff structure are modified by delegating management Authority to personnel outside the normal span of control. A structure according to functions and specialized units. Depicts staff functions of the organization. Responsibilities are divided among authorities who are all accountable to the authority Above. Organized on a functional basis that violate the prime rule that men perform best when They have but one superior. functional responsibility of each "*functional manager"* is limited to the particular activity Over which he has control. PRINCIPLES OF ORGANITION APLICABLE TO LAW ENFORCEMENT ORGANITION Division of Work. According to some logicat plan, S an apportioning of works or tasks arnong the various units or groups. Delineation or Responsibility. It reters to the lines of authority, and responsibiltý shoutd be made as definite and direct as possible so that responsibility may properly be fixed and duplication avoided. Span of Control. The *maximum number o*f subordinates at a given position that a superior can supervise effectively Unity of Command. it defines a hierarchical system in which a subordinate is accountable to one and *oniy one immediate superior.* Any violation to this principie undermines the authority, jeopardizes discipline, disturbs order, and threatens stability in the organization. This insists that each employee should have only one supervisor; considered as the \"*[backbone of any]* *[organizational structure.\"]* Chain of command. the hierarchical relationship of positions through which the primary functions of the organization are performed; *primarily provides for the vertical movement of* *authority up and down* established channels in the organizational hierarchy. Delegation ot Authority. -The conferring of an amount of authority by a superior position onto a lower-level position. The person to whom authority is delegated becomes responsible to the superior for doing the assigned job. integration and Coordination. It is the efforts of the different units that must be coordinated and integrated to accomplish harmonious progress towards the primary objectives of the office. Command Responsibility. - the commander is responsible for all that his subordinates or unit does or fails to do. Principle of Hierarchy. It requires that a higher level supervises each lower level in the organization. Principle of Delegation by Results- authority delegated to all individual managers should be clear, adequate, and unequivocal to ensure their ability to accomplish the expected results. Principle of Absoluteness of Responsibility - the responsibility of the subordinates to their superiors for performance is absolute, and the superiors are accountable for their subordinates activities. Principle of Parity of Authority and Responsibility - the responsibility for actions cannot be greater than that expressly or impliedly delegated authority nor should it be less Authority-Level Principle - maintenance of intended delegations requires that decisions within the authority of individual commandershould be made by them and not be referred upward in the organizational structure. Principie of Fiexibility - the more provisions are made for building flexibility in an organizationat structure, the more adequately an organization\'s structure can fulfil its purpose. Devices and techniques for anticipating and reacting to change must be built into every structure. Every unit moves towards its goal in a changing environment, both external and internal. Principle of Balance - the application of principles or techniques must be balanced to ensure the overall effectiveness of the structure in meeting the organization\'s objectives. ORGANIC UNIS IN POLICE ONRGANATION Operational Units Those that perform the primary or line functions like patrol, traffic, Investigation, and vice control. Administrative Units Those that perform the administrative functions like personnet, finance,Planning, and training. Service Units those that perform the auxiliary functions such as communication and records FUNCTIONAL UNITS INA POLICE ORGANIZATION Bureau -- largest organic functional unit within a large department; comprised ot numbers of division. Division -- primary subdivision of a bureau. Section -- functional unit within a division that is necessary for specialization. Unit functional group within a section where further specialization is needed; the *smallest* *Functional* *group* within an organization. NOTE: Department -- division ot a large organızation dealing with a specitic subject, commodity, or area Of activity. GEOGRAPHICAL/TERRITORIAL UNITS IN A POLICE ORGANIZATION 1. Post -- fixed point or location to which an officer is assigned for duty; a *spot location for general Guard duty.* 2. Route -- length of streets designated for patrol purposes; also called line beat. 3. Beat -- an area assigned for patrol purposes, whether foot or motorized. 4. Sector -- an area containing two or more beats, routes, or post. 5. District -- a geographical subdivision of a city tor patrol purposes, usually with its own station. 6. Area -a section or territorial division of a large city each comprised of designated district.