COMPARATIVE-MODELS-IN-POLICING-PRELIM-NOTES.docx

**COMPARATIVE MODELS IN POLICING PRELIM NOTES** **Comparative Police System** **-** process of outlining the **similarities and differences** of **one police system to another** in order to discover insights in the field of international policing. \- It is the science and art of investigating and **comparing** the **police system** of nations. It covers the study of police organizations,\ trainings, and methods of policing of various\ countries. **Why compare?\ **- Crime has become a global phenomenon.\ **Transnational crimes** cross borders and the need for bilateral and international cooperation become imperative. **FIVE MOST COMMON POLITICAL SYSTEM\ AROUND THE WORLD** **Democracy\ **- The type of government with which we are most familiar is democracy, or a political system in which citizens govern themselves either directly or indirectly. The term **democracy** comes from Greek and means "**rule of the people**." **In Lincoln's stirring words from the Gettysburg Address**, **democracy** is "**government of the people, by the people, for the people**." In direct (or pure) democracies, people make their own decisions about the policies and distribution of resources that affect them directly. An example of such a democracy in action is the New England town meeting, where the residents of a town meet once a year and vote on budgetary and other matters. However, such **direct democracies** are impractical when the number of people gets beyond a few hundred. Representative democracies are thus much more common. In these types of democracies, people elect officials to represent them in legislative votes on matters affecting the population. The defining feature of representative democracy is voting in elections. When the United States was established more than 230 years ago, most of the world's governments were monarchies or other authoritarian regimes (discussed shortly). Like the colonists, people in these nations chafed under arbitrary power. The example of the American Revolution and the stirring words of its Declaration of Independence helped inspire the French Revolution of 1789 and other revolutions since, as people around the world have died in order to win the right to vote and to have political freedom. **Monarchy**\ - is a political system in which power resides in a single family that rules from one generation to the next generation. The power the family enjoys is **traditional authority**, and many monarchs command respect because their subjects bestow this type of authority on them. Other monarchs, however, have ensured respect through arbitrary power and even\ terror. Royal families still rule today, but their power has declined from centuries ago. Today the Queen of England holds a largely ceremonial position, but her predecessors on the throne wielded much more power. This example reflects a historical change in types of monarchies from **absolute monarchies to constitutional monarchies** **(Finer, 1997)**. In **absolute monarchies**, the royal family claims a divine right to rule and exercises considerable power over their kingdom. **Absolute monarchies** were common in both ancient (e.g., Egypt) and medieval (e.g., England and China) times. In reality, the power of many absolute monarchs was not totally absolute, as kings and queens had to keep in mind the needs and desires of other powerful parties, including the clergy and nobility. Over time, absolute monarchies gave way to **constitutional monarchies**. In these monarchies, the royal family serves a symbolic and ceremonial role and enjoys little, if any, real power. Instead, the executive and legislative branches of government --- the **prime minister** and parliament in several nations---run the government, even if the royal family continues to command admiration and respect. **Constitutional monarchies** exist today in several nations, including Denmark, Great Britain, Norway, Spain, and Sweden. **Authoritarianism and Totalitarianism** \- Authoritarianism and totalitarianism are general terms for nondemocratic political systems ruled by an individual or a group of individuals who are not freely elected by their populations and who often exercise arbitrary power. To be more specific, authoritarianism refers to political systems in which an individual or a group of individuals holds power, restricts or prohibits popular participation in governance, and represses dissent. Totalitarianism refers to political systems that include all the features of authoritarianism but are even more repressive as they try to regulate and control all aspects of citizens' lives and fortunes. People can be imprisoned for deviating from acceptable practices or may even be killed if they dissent in the mildest of ways. Compared to democracies and monarchies,\ authoritarian and totalitarian governments are more unstable politically. The major reason for this is that these governments enjoy no legitimate authority. Instead, their power rests on fear and repression. The populations of these governments do not willingly lend their obedience to their leaders and realize that their leaders are treating them very poorly; for both\ these reasons, they are more likely than populations in democratic states to want to rebel. Sometimes they do rebel, and if the rebellion becomes sufficiently massive and widespread, a revolution occurs. In contrast, populations in democratic states usually perceive that they are treated more or less fairly and, further, that they can change things they do not like through the electoral process. Seeing no need for revolution, they do not revolt. Since World War II, which helped make the United States an international power, the United States has opposed some authoritarian and totalitarian regimes while supporting others. The Cold War pitted the United States and its allies against Communist nations, primarily the Soviet Union, China, Cuba, and\ North Korea. But at the same time the United States opposed these authoritarian governments, it supported many others, including those in Chile, Guatemala, and South Vietnam, that repressed and even murdered their own citizens who dared to engage in the kind of dissent constitutionally protected in the United States (Sullivan, 2008). Earlier in U.S. history, the federal and state governments\ repressed dissent by passing legislation that\ prohibited criticism of World War I and the by\ imprisoning citizens who criticized that war\ (Goldstein, 2001). During the 1960s and 1970s, the FBI, the CIA, and other federal agencies spied on tens of thousands of citizens who engaged in dissent protected by the First Amendment (Cunningham, 2004). While the United States remains a beacon of freedom and hope to much of the world's peoples, its\ own support for repression in the recent and more distant past suggests that eternal vigilance is needed to ensure that "**liberty and justice for all**" is not just an empty slogan. **Common Law Systems** The US legal system, and other legal systems that emanate from British rule, is a common law system. Originally, common law meant judge-made law that filled in gaps when there was no written law. Judges looked to prior decisions to determine the unwritten judge-made law and apply it to new cases. However, today, almost all law is in writing and enacted by a legislature as statutes. Many statutes\ codify established common law, change it, or abolish it altogether, depending on the topic of the law. There are instances in which some unwritten common law is still enforced, but these are rare. In a common law system such as the one in the United States, the courts' reliance on precedent is referred to as stare decisis, or a policy of using judicial decisions made in the past to interpret written laws and appropriately apply those laws to the facts in the present case. The court interprets written laws, and\ these interpretations and applications of precedent from prior interpretations constitute what is meant by common law today. Precedent is critical for court can overturn precedent. The court process is adversarial rather than investigatory, with each side trying to win or persuade the court to agree with its\ perspective. Common law courts are adversarial; that is, there is a winner-takes-all attitude in the court. In an adversarial system, each side determines the issues and questions it wants the court to resolve, conducts its own investigation, and prepares and presents its own evidence. Each side calls witnesses, who are questioned directly and by cross-examination. Each side brings out information it thinks is pertinent to\ prove its point. In a criminal case, the police and prosecutor work together closely to establish their viewpoint using the government's resources. Defendants must rely on their own resources to defend against the charges, either hiring an attorney or using a court-appointed one. In a civil case, the procedures are similar; however, each side must rely on its resources to prove its point. If a jury is present, it decides all factual questions while the judge determines the legal issues and moderates the proceedings. In some cases, the judge can act as a fact finder in place of a jury. **Civil Law Systems** Most of Europe and South America use a civil law system. A civil law system relies on comprehensive legal codes that contain all laws for the country. Case law---that is, judicial decisions---is secondary to these codes. Decisions are binding only on the parties to the case, not as a precedent for later cases on the\ same issues. While attorneys will consult prior\ decisions when advising clients, judges are rarely bound to follow precedent. For this reason, codes of statutes are usually more extensive and detailed than in common law systems. In civil law systems, court cases are investigations by the court to see how the facts fit into the already established codes applicable to the situation. The court system is set up so that the jurisdiction of each court is a specific type of code: tax courts, administrative courts, maritime courts, constitutional courts, and so on. The system is more inquisitorial than adversarial. The process is a series of meetings, hearings, and written communications in which the judge takes testimony. The judge crafts the issues to be decided based on discussions with the parties. Typically, the judge questions the witnesses and can include or exclude any queries submitted by the attorneys when crafting questions. Finally, the judge determines the issues and gathers the evidence before announcing a decision. Only at the final hearing do the attorneys and parties make arguments to the judge. If there is a jury, its members usually are not drawn from the\ general public but are selected for their expertise in the particular area in question. While juries of ordinary people are rare in civil law systems, they are increasingly used in serious criminal cases. These two systems, common law and civil law systems, are the most widely used legal systems in the world. They differ in terms of the weight they give\ to judicial precedent and their views on the purpose of the trial process. **Religious Systems** In a religious law system, the law relies on religious texts as its primary basis, and the courts interpret the present facts and statutes in light of those religious texts. Many Middle Eastern countries use religious law systems for all or part of their laws. For example, in Saudi Arabia, the legal system is based on sharia law, derived from the Koran, the Islamic religious text, as well as from the Sunnah and the Hadith. The legislature enacts statutes, but all are tested against Islamic tenets. Certain religious leaders can overrule any government act, including court decisions, on religious grounds. The legal system includes general and summary sharia courts, with some administrative tribunals for specific topics.\ Religious law systems do not use juries, and criminal trials do not present defensive evidence to the same extent as in other legal systems. Each judge, a specialist in the religious sharia text, makes their interpretation of the law and is not bound by any precedent.\ Israel also uses some religious laws and courts to determine cases. For example, religious courts in Israel include Jewish rabbinical courts, Islamic sharia courts, Druze religious courts, and ecclesiastical courts of the 10 recognized Christian communities. In Israel, these courts are limited to some specific issues\ of family law. The secular court system decides all other matters. **Customary Systems** A customary law system is a system based on long-standing traditions in a particular community. The traditions have become so ingrained in society that the courts recognize them as enforceable rules. However, it is rare for customary laws to be interpreted and enforced by the government. Instead, typically unwritten and revealed only to group members. Today, customary laws are found in closed, isolated communities combined with common\ or civil law systems, allowing them to exist alongside government systems in a hybrid system. Andorra, a small country in the Pyrenees bordering Spain and France, relies partly on customary law. In Andorra, sources of customary law include canon law, the ecclesiastical law of the Catholic Church,\ Castilian law, French law, and Roman law. Andorra was invaded and under the control of other European powers at different times in its history, and the Andorran legal system now reflects elements of each invader's laws. Today, Andorra is a parliamentary co-principality between the president of France and the Roman Catholic bishop of Catalonia (Urgell). Andorra also has an elected parliament that can enact new laws. The island of Guernsey is another example of a customary law system. Though it is one of the Channel Islands off the coast of England, Guernsey is not part of the United Kingdom. Guernsey's legal system is derived from the medieval power of the monarch, the Duke of Normandy. The ancient duchy law of Normandy is an influential source of law in Guernsey. The duchy laws developed in two periods, select leaders of the group usually implement the customary laws. As a result, customary laws are the Ancienne coutume of 1199--1538 and the Coutume reformée of 1538--1804. Guernsey's legal system also has elements of English common law and modern statutory law enacted by the island's elected legislature. Guernsey enjoys almost complete\ autonomy over its internal affairs, and the country determines many issues based on ancient customary laws, with elected bailiffs and jurats making decisions. In the United States, some customary laws may be used in tribal matters on tribal lands recognized by the\ US government. However, the US government does exercise some control over tribal legal systems in the United States. There is a growing worldwide movement to recognize tribal autonomy and customary legal systems. For example, some Maori customary law is now recognized in New Zealand. **Hybrid or Mixed Systems** A hybrid legal system combines parts of more than one approach to create a system unique to the country. Many countries have mixed legal systems incorporating common, civil, religious, and customary law systems. For example, the US state of Louisiana has a hybrid system. Louisiana uses some common\ law, but it also utilizes a civil law system for much of its state law and procedures because of its origins as a French territory. Also, on recognized tribal lands, customary laws of the tribe may be used rather than state or federal laws. Another example is the Philippine system, which includes French civil law,\ US-style common law, sharia law, and Indigenous customary law due to its history. Many African countries include a parallel tribal or ethnic legal system to adjudicate family law matters. In sociological terms, **society** refers to a group of people who live in a definable community and share the same cultural components. On a broader scale, society consists of the people and institutions around us, our shared beliefs, and our cultural ideas. Typically, many societies also share a political authority. Consider China and the United States. Both are technologically advanced, have dense networks of transportation and communications, rely on foreign trading partners for large portions of their economies, focus on education as a way to advance their citizens, and have large and expensive militaries. Both countries have citizens that may be largely satisfied with their governments and ways of life, while still holding some degree of distrust or discontent regarding their leaders. And both have a rural versus urban disparity that can cause tension and economic inequality among the population. An individual family or even a whole office full of people in one of the countries may look and act very similarly to families or offices in the other country. But what is different? In China, a far greater\ percentage of people may be involved in\ manufacturing than America. Many of China's cities didn't evolve from ports, transit centers, or river confluences hundreds of years ago, but are newly created urban centers inhabited by recent transplants from other locations. While citizens in the U.S. can openly express their dissatisfaction with their government through social activism in person or, especially, online, Twitter, Facebook, and YouTube are banned in China, and the press is controlled by the government. Their appearance might be very\ similar, but the two countries are very different\ societies. Sociologist Gerhard Lenski Jr. (1924--2015) defined societies in terms of their technological sophistication. As a society advances, so does its use of technology. Societies with rudimentary technology depend on the fluctuations of their environments, while industrialized societies have more control over the impact of their surroundings and thus develop different cultural features. This distinction is so important that sociologists generally classify societies along a spectrum of their level of industrialization---from preindustrial to industrial to postindustrial. **Preindustrial Societies** Before the Industrial Revolution and the widespread use of machines, societies were small, rural, and dependent largely on local resources. Economic production was limited to the amount of labor a human being could provide, and there were few specialized occupations. The very first occupation\ was that of hunter-gatherer. **Hunter-Gatherer** Hunter-gatherer societies demonstrate the\ strongest dependence on the environment of the various types of preindustrial societies. As the basic structure of human society until about 10,000--12,000 years ago, these groups were based around kinship or tribes. Hunter-gatherers relied on their surroundings for survival---they hunted wild animals and foraged for uncultivated plants for food. When\ resources became scarce, the group moved to a new area to find sustenance, meaning they were nomadic. These societies were common until several hundred years ago, but today only a few hundred remain in existence, such as indigenous Australian tribes sometimes referred to as "aborigines," or the Bambuti, a group of pygmy hunter-gatherers residing in the Democratic Republic of Congo. Hunter-\ gatherer groups are quickly disappearing as the world's population explodes. **Pastoral** Changing conditions and adaptations led some\ societies to rely on the domestication of animals where circumstances permitted. Roughly 7,500 years ago, human societies began to recognize their ability to tame and breed animals and to grow and cultivate their own plants. **Pastoral societies**, such as the Maasai villagers, rely on the domestication of animals as a resource for survival. Unlike earlier hunter-gatherers who depended entirely on existing resources to stay alive, pastoral groups were able to breed livestock for food, clothing, and transportation, and they created a surplus of goods. Herding, or pastoral, societies remained nomadic because they were forced to follow their animals to fresh feeding grounds. Around the time that pastoral societies emerged, specialized occupations began to develop, and societies commenced trading with local groups. **Horticultural** Around the same time that pastoral societies were on the newly developed capacity for people to grow and cultivate plants. Previously, the depletion of a region's crops or water supply forced pastoral societies to relocate in search of food sources for their livestock. **Horticultural societies** formed in areas where rainfall and other conditions allowed them to\ grow stable crops. They were similar to hunter-\ gatherers in that they largely depended on the\ environment for survival, but since they didn't have to abandon their location to follow resources, they were able to start permanent settlements. This created more stability and more material goods and became the basis for the first revolution in human survival. **Agricultural**\ While pastoral and horticultural societies used small, temporary tools such as digging sticks or\ hoes, **agricultural societies** relied on permanent tools for survival. Around 10,000 B.C.E., an explosion of new technology known as the Agricultural Revolution made farming possible---and profitable. Farmers learned to rotate the types of crops grown on their fields and to reuse waste products such as manure as fertilizer, which led to better harvests and\ bigger surpluses of food. New tools for digging and harvesting were made of metal, and this made them the rise, another type of society developed, based on more effective and longer lasting. Human settlements grew into towns and cities, and particularly bountiful regions became centers of trade and commerce. This is also the age in which people had the time and comfort to engage in more contemplative and thoughtful activities, such as music, poetry, and philosophy. This period became referred to as the "dawn of civilization" by some because of the development of leisure and humanities. Craftspeople were able to support themselves through the production of creative, decorative, or thought-provoking aesthetic objects and writings. As resources became more plentiful, social classes became more divisive. Those who had more resources could afford better living and developed into a class of nobility. Difference in social standing between men and women increased. As cities expanded, ownership and preservation of resources became a pressing concern. **Feudal** The ninth century gave rise to **feudal societies**. These societies contained a strict hierarchical system of power based around land ownership and protection. The nobility, known as lords, placed vassals in charge of pieces of land. In return for the resources that the land provided, vassals promised to fight for their lords. These individual pieces of land, known as fiefdoms, were cultivated by the lower class. In return for maintaining the land, peasants were guaranteed a place to live and protection from outside enemies. Power was handed down through family lines, with peasant families serving lords for generations and generations. Ultimately, the social and economic system of feudalism failed and was replaced by capitalism and the technological advances of the industrial era. **Industrial Society** In the eighteenth century, Europe experienced a dramatic rise in technological invention, ushering in an era known as the Industrial Revolution. What made this period remarkable was the number of new inventions that influenced people's daily lives. Within a generation, tasks that had until this point required months of labor became achievable in a matter of days. Before the Industrial Revolution, work was largely person- or animal-based, and relied on human workers or horses to power mills and drive pumps. In\ 1782, James Watt and Matthew Boulton created a steam engine that could do the work of twelve horses by itself. Steam power began appearing everywhere. Instead of paying artisans to painstakingly spin wool and weave it into cloth, people turned to textile mills that produced fabric quickly at a better price and often with\ better quality. Rather than planting and harvesting fields by hand, farmers were able to purchase mechanical seeders and threshing machines that caused agricultural productivity to soar. Products such as paper and glass became available to the average person, and the quality and accessibility of education and health care soared. Gas lights allowed increased visibility in the dark, and towns and cities developed a nightlife. One of the results of increased productivity and\ technology was the rise of urban centers. Workers flocked to factories for jobs, and the populations of cities became increasingly diverse. The new generation became less preoccupied with maintaining family land and traditions and more focused on acquiring wealth and achieving upward mobility for themselves and their families. People wanted their children and their children's children to\ continue to rise to the top, and as capitalism\ increased, so did social mobility. It was during the eighteenth and nineteenth centuries of the Industrial Revolution that sociology was born. Life was changing quickly and the long-established traditions of the agricultural eras did not apply to life in the larger cities. Masses of people were moving to new environments and often found themselves faced with horrendous conditions of filth, overcrowding, and poverty. Social scientists emerged to study the relationship between the individual members of society and society as a whole. It was during this time that power moved from the hands of the aristocracy and "old money" to business-savvy newcomers who amassed fortunes in their lifetimes. Families such as the Rockefellers and the Vanderbilts became the new power players and used their influence in business to control aspects of government as well. Eventually, concerns over the exploitation of workers led to the formation of labor unions and laws that set mandatory conditions for\ employees. Although the introduction of new\ technology at the end of the nineteenth century ended the industrial age, much of our social structure and social ideas---like family, childhood, and time standardization---have a basis in industrial society. **Postindustrial Society** Information societies, sometimes known as\ postindustrial or digital societies, are a recent development. Unlike industrial societies that are rooted in the production of material goods,\ information societies are based on the production of information and services.\ Digital technology is the steam engine of information societies, and computer moguls such as Steve Jobs and Bill Gates are its John D. Rockefellers and Cornelius Vanderbilts. Since the economy of information societies is driven by knowledge and not material goods, power lies with those in charge of storing and distributing information. Members of a postindustrial society are likely to be employed as sellers of services---software programmers or business consultants, for example---instead of producers of goods. Social classes are divided by access to education, since without technical skills, people in an information society lack the means for success. **WEEK 3** **THEORIES OF COMPARATIVE POLICING AND POLICE SERVICE** **1. The First Theory - Alertness to Crime Theory**\ - Explains that people alertness to crime is heightened, so they report more crime to the police and also demand the police become more effective in solving crime problems. As the nation develops, people's alertness to crime is heightened. **2. The second theory -Economic or Migration Theory** \- Crime is a result of unrestrained migration and overpopulation in urban areas such as ghettos and slums. The crime everywhere is\ the result of unrestrained migration. **3. Opportunity Theory** \- Along with higher standard of living, victims become more careless of their belongings and opportunities for committing of crime multiply. **4.Demographic Theory** \- Greater numbers of children are being born, because as these baby booms grow up, delinquent subcultures develop out of the adolescent identity crisis. **5. Deprivation Theory** \- Progress comes along with rising expectations, and people at the bottom\ develop unrealistic expectations while people at the top do not see themselves rising fast enough. **6. Modernization Theory** \- Sees the problem as society becoming too complex. **7. Anomie and Synomie Theory** \- The latter being a term referring to social cohesion on values), suggest that progressive lifestyles and norms result in the disintegration of older norms that once held people together. **8.The home rule theory** \- where police are considered servants of the\ community. **9.The continental theory** \- where police are servants of a higher authority. **SYSTEM OF LAW ENFORCEMENT** The system of law enforcement that exist across the world, especially in the industrialized nation of the west have revealed that an important distinction exists between the: - Continental European system. Which typically have a centralized military-like police force. - The British system of policing. That is decentralized and operates closer to the\ community. The British system has also been most influential in shaping the organization of law enforcement in the United States. The police model that exists in the U.S. therefore a particularly strong tradition of local policing. Japan traditionally has been among the best non-western nations in the police system, because the level of crime in Japan is comparably very low. This low incidence of crime in Japan is explained by the fact that; - That there is a high degree of citizen involvement in the Japanese criminal justice system. - The country therefore relies on an extraordinarily high correspondence between the values of its citizens and the prescriptions of its legal system. **NATIONAL SYSTEM OF CRIMINAL JUSTICE ACROSS THE WORLD** **WESTERN SYSTEM**. Within western nations, there are variations in the conceptions and goals of criminal justice, but they largely represent in the variations on a similar theme, especially when compared with other criminal justice systems in non-western settings. For example, the roots of the of the United States system in Anglo-Saxon legal culture and explored the differences that have come to exist between contemporary systems that\ evolved in that tradition, such as Canada and England. **Common Law System**. In the U.S. and U.K. are adversarial-based, involving two opposing\ sides of a lawyer representing the defendant and a prosecutor representing the people. The\ common law system relies on prior court decisions precedents to be used in later court cases. **Common Law**. As distinguished from law created by the enactment legislature, the common law\ comprises the body of those principles and rule of action, relating to the government and\ security of persons and property, which derive their authority solely from usage and customs of\ immemorial antiquity, or from the judgment and decrees of the court recognizing, affirming and\ enforcing such usage and customs, and the sense, particularly the ancient unwritten law of\ England. Such law consists of those principles, usage and rules of action applicable\ government and security of persons and property which do not rests from their authority upon\ any express and positive declaration of the will of the legislature. In a broad sense, common law may designate all that part of the positive law, juristic theory, and\ ancient custom of any state or nation which is general and universal application, thus making off\ special or local rule or customs. **POLICING POLICY MODELS** **Policing** is one of the most important of the functions undertaken by the every sovereign\ government. For the state machinery, police is an inevitable organ which would ensure maintenance of law and order, and also the first link in the criminal justice system. On the other hand, for a common man, police force is a symbol of brute force of authority and at the same time, the protector from crime. Police men get a corporate identity from the uniform they wear; the common man identifies distinguishes and awes him on account of the same uniform. The police system across the world have developed on a socio-cultural background. "**The modern police service is a varied, multi-layered, responsive institution working to ensure the safety of citizens**." **Significance of Police in social life:\ Police:** - Represents the presence of civil body politic in everyday life. - Conveys a sense of power or sacredness that lies at the root of political order. - Represents the means by which the political authorities maintain status quo. - Represents the capacity of the state to deter citizens from committing acts that threaten\ the order they are believed to symbolize. - Gives a corporate identity to the policemen. **Basic goals of policing.** - Enforce laws - Preserve peace - Prevent crimes - Protect civil rights, liberties - Provide services **Role of Police** The role of police is to address all sorts of problems when and in so far as their solutions do or possibly require the use of force at the point of their occurrence. **Police is viewed as fulfilling the following roles in social life:** - A watchman - A law enforcer - A service provider **Authority of Police** The authority of police comes from the people-their laws and institutions. Police agencies are not only part of the community but also part of the government, which determine their formal base of authority and of criminal justice system, which determines society's course in deterring lawbreakers and rehabilitating offenders. In a **constitutional system**, the ultimate, the ultimate authority springs from the Constitution itself. The authority of police in every jurisdiction is derived from the sovereign authority. It could be either the Constitution which gives the elected government executive authority over the subjects of the "ground norm" which gives the sovereign authority over its subjects devoid of any written constitution. **Different models of policing**\ The organization of police in different countries is primarily rooted on the socio-cultural and historic background of the country. For example in UK which has long tradition of parliamentary democracy, policing works on the principle of consent by the population, where as in most other countries, policing power is vested on state by law.\ As such the police organizations have nothing in common in many countries, except their basic goals(in some jurisdictions even these goals do not match) However criminologists have tried to bring out common features in police structures world over on the basis of certain features, the most prominent of them being the command architecture. **Classification based on legitimacy or legal backing of police function**: - Policing by consent - Policing by law **Classification based on command structure** - Centralized - Decentralized - Single/singular - Multiple-Coordinated, uncoordinated **In this model classification is based on two dimensions:\ **- Number of forces to be commanded: If the entire police force in the country is organized as\ a single force under a single commander, the model is called singular model, and if a single\ country, there are a number of police forces, like in India, it is called multiple models. Inside\ the multiple models, if the police forces have well-defined territories of functioning and their\ functioning and their functions do not overlap each other, the model is called **multiple\ coordinated.** If the case is reversed as in India, where many agencies can have overlapping jurisdictions, it\ is called **multiple uncoordinated**. **Type of forces** If the police forces in a country is highly organized and having a centralized command, it is called **coordinated centralized police force**, and if the police forces in a country do not have an apparent centralized command, it is called **decentralized command structure**. **COMPARATIVE STUDY OF POLICE SYSTEM**\ **Saudi Arabia**. Is a typical model of centralized coordinated police force with a singular line of command emanating from the king. **China**. Is another model of singular coordinated centralized police force. The ministry of public security is a functional organization under the state council in charge of public security nationwide. **France**. This is a typical example of police force with multiple coordinated centralized force. **Police Nationale**, formerly called the **Surete**. A civilian force, primarily responsibility is the\ urban areas, run under the Ministry of Interior. **Gendermarie Nationale**. Primary responsibility in rural areas and military installations, run under the Ministry of Defense and under operational control, for most of the purposes by Ministry of the Interior. **United Kingdom**. The principle of policing by consent but now exercise by policing by law. **Spain**. This is a typical example of a **multiple uncoordinated centralized police force**. As\ in almost all European countries, policing is based on the policing by law. The system is\ called **Multiple Centralized Uncoordinated** force since, there is more than one police\ force in the country, but at the, top both these forces report to the same authority. Pain\ has a national police force and operates basically in urban areas, the Guardia Civil (civil\ guard) which is a military force and operates mainly in rural areas. Local communities\ have either unit of police forces attached to their executives or their own police forces. **United States of America**. There is no national police force in the United States, where policing\ is organized on a state and local basis. Law enforcement in the US is **decentralized**. Federal\ authorities deal with violations of federal law that fall within their specific jurisdiction. Most of\ the U.S. states have police at all levels-municipal, county, and state level. **Police in India**. India tops the number of policemen in the world with **1,032,960** police\ personnel. **USA ranks second with 941,149**. **Indian model of the police system** is an example of a **multiple unorganized decentralized policing**. It follows the principle of policing by law. Each\ state has its own police force, whose top echelons are filled by officers of Indian police service,\ which is a central police service. **There are three types of Policing Models.** Criminal Justice covers every aspect of our legal system. From police through the courts on to correctional facilities and even covering probation and parole. Three different models are used within the United States with each police department having their own mode that they use. A police department may use **traditional policing, problem solving policing, and community oriented policing.\ ** **Traditional Policing** Within a traditional policing model, the police officer would respond when a call came in that a crime occurred. Once the officer responded to the crime, the officer would then take a report and hand the investigation to a detective. At this point, the officer would go back to his patrol car and wait for another call to come in that a crime had occurred. The officer has little interaction with the citizen within a community and can end up responding to crimes at various points in the city. The officer does not know hardly anyone in the areas where he is responding nor do the citizens really know the officers. Also, under this type of policing, there is nothing in place to try to prevent crime from occurring. It is just a supply and demand of policing system. **PROBLEM SOLVING POLICING** Within this model there is an emphasis on trying and prevent crime from happening. This policing model has detectives watching the pattern in crimes to help understand when and how crimes are being committed. Once they have a pattern, they will search for ways in which to help prevent crimes from continuing to happen in those areas. This model has more of a proactive stance than the traditional policing models do. Police shows such as the Profiler that shows **FBI** agents looking for a pattern to try to catch a criminal are showing this form of policing. **COMMUNITY ORIENTED POLICING** Within this model the officers will take a more community involvement stance. No longer does an officer sit in his patrol car and wait for a call that a crime has happened. Within this type of policing, the officers will have a zone in which to work in during their shifts. This is their area and they will work to get to know the citizens of the community and help in anyway they can. The officers will make their presence known and also rely on community citizens to report any suspicious behavior or tips on criminals in the area. **FOUR (4) CENTRAL POLICE MODELS** - Military-Bureaucratic Model - Lawful Policing model - Community-oriented policing - Public-private divide policing **TWO MODELS ON POLICE ORGANIZATIONAL STYLES** **Traditional bureaucratic model**. The model stressed a hierarchial structure for police organizations with a centralized authority that generated organizational policies and procedures. Frederick Taylor proposed a highly centralized model for police. It was designed on the basis of "unity of control" and many departments Had strict numbers of staff subordinate to a supervisor or manager that could not exceed because they subscribed to a belief that to do so was actually interfering with the efficiencies of the model. The police structure was formal, responsibilities were limited and specialized, and a rigid organizational\ structure was used to promote professionalism. **Community Policing Model**. The decentralization of police offices into neighborhood, storefronts, etc. increased the span of control and required a different management form. **CENTRAL POLICE MODELS** **Lawful policing Model**. Police compliance with the law is one of the most important aspects of a democratic society. **Community Oriented Policing**. A philosophy that combines traditional aspects of law enforcement with prevention measures, problem solving, community engagements and community partnerships. **WEEK 4** **DIFFERENT TYPES OF POLICING SYSTEM** **Kōban (Japanese: 交番)** \- is a small neighborhood police station found in Japan. The term also refers to the smallest organizational unit in a modern Japanese Prefectural police department.\[1\] Small kōban buildings, staffed by uniformed officers at around 6,000 locations all over the country,\[2\] are the bases for community policing activities which complement the work of larger, central police stations. Although often translated into English as\ \"police box\",\[3\] kōban bear little resemblance to the police boxes formerly found in the UK or the police call boxes formerly found in the US, as they are larger and more permanent structures than both police boxes and call boxes. A **kōban** is typically a one- or two-story building with a couple of rooms (although there is wide variation), staffed by a few police officers belonging to the community police affairs section of a police station (Keisatsu-sho). **Police Boxes**. Below these stations, Koban-substations near major transportations husband shopping area and I residential districts. Form the first line of police response to the public. About 20 percent of a total police force is assigned to koban. Staffed by three or more officers working in 8 hours shifts, they serve as a base for foot patrols and usually have both sleeping and eating facilities for officers on duty but not on watch. In rural areas, residential offices are staffed by endeavor to become part of the community, and their families often aid in performing official tasks. Police take note of names of the aged or those living alone who might need special attention in an emergency, conducted surveys of local businesses within the area, including the name of the employees, in which the populations has regard the survey as invasions of privacy. **Broken Windows Theory**. The term "Broken Windows" comes from the metaphor used to describe the concept: If a window is broken and left unrepaired, people walking by will conclude that no one cares and no one is in charge." the theory says that the little things matter. The broken window is a symbol of unaccountability. If one window in a building is broken and left unfixed, it is likely the rest of the windows will be broken soon, too. The idea is that people --specifically potential criminals take cues from their surroundings and calibrate their behavior based on what they see. If a city block is litter- free and its buildings are well-maintained, people will be less likely to litter or vandalize there, because they will sense that they will be held accountable if they do so. Window\ breaking does not necessarily occur on a large scale because some areas are inhabited by determined window-breakers whereas others are populated by window-lovers. Wilson and Kelling write, "rather, one unrepaired broken window is a signal that no one cares, and so breaking more windows cost nothing." So, enforcing the smallest laws could prevent the large ones from being broken. **III. Problem Oriented Policing.** This is an approach to policing in which discrete pieces of police business (each consisting of a cluster of similar incidents, whether crime or acts of disorder that the police are expected to handle) are subject to microscopic examination (drawing on the especially honed skills of crime analyst and the accumulated experience of operating field personnel) in hopes that what is freshly learned about each problem will lead to discovering a new and more effective strategy for dealing with it.\ Problem-oriented policing place a high value on new response that are preventive in nature, that are not dependent on the use of the criminal justice system, and that engage other public agencies, the community and the private sector when their involvement has the potential for significantly contributing to the reduction of the problem. **The key elements of problem-oriented policing.** - A problem is the basic unit of police work rather than a crime, a case, calls, or incidents. - A problem is something that concerns or causes harm to citizens, not just the police.\ Things that concern only police officers are important, but they are not problems in this\ sense of the term. - Addressing problems means more than quick fixes, it means dealing with conditions that\ create problems. - Police officers must routinely and systematically analyze problems before trying to solve them, just as they routinely and systematically investigate crimes before making an arrest.\ Individual officers and the department as a whole must develop routines and systems for\ analyzing problems. - The analysis of problem must be thorough even though it may not need to be complicated. This principle is as true for problem analysis as it is for criminal investigation. - Problems must be described precisely and accurately and broken down into specific\ aspects of the problem. Problems are often not what they appear to be. - Problems must be understood in terms of the various interests at stake. Individuals and\ groups of people are affected in different ways by a problem and have different ideas\ about what should be done about the problem. - The way the problem is currently being handled must be understood and the limits of\ effectiveness must be openly acknowledged in order to come up with a better response. - Initially, any and all possible responses to a problem should be considered so as not to cut\ short potentially effective responses. Suggested responses should follow from what is\ learned during the analysis. They should not be limited to, nor rule out, the use of arrest. - The police must pro-actively try to solve problems rather than just react to the harmful\ consequences of problems. - The police department must increase police officer's freedom to make or participate in\ important decisions. At the same time, officers must be accountable for their decision-\ making. **4. Pulling Levers Policing.** - Selecting a particular crime problem, of gang, such crime as homicide, convening an inter-\ agency working group of law enforcement, prosecution, justice officials, local service, and\ community-based practitioners. - Conducting research to identify key offenders, groups and behavior patterns. - Framing a response to offenders and groups of offenders that uses a varied menu of\ sanctions to stop them from continuing their violent behavior. - Focusing social services and community resources on targeted offenders and groups to\ match law enforcement prevention efforts. - Directly and repeatedly communicating with offenders to make them understand why they\ are receiving this special attention. - These new strategic approaches have been applied to a wide range of crime problems,\ such as overt drug markets and individual repeat offenders and have shown promising\ results in the reduction of crime. **5. Third Party Policing.** Third party policing describes police efforts to persuade or coerce third parties, such as landlords, parents, local government and other regulators, and business owners to take responsibility for preventing crime or reducing crime problems. In third party policing, the police create crime control guardians in locations or situations where crime control guardianship was previously absent. Sometimes this result from cooperative consultation with community members. At other times, the police use coercive threats, with the backing of a range of civil and regulatory laws, to engage third parties into taking some crime control responsibility. Prosecutors, individual citizens, community groups and regulatory agencies are all the potential initiators of third party crime control practice. For example, taxation regulate business practices and give taxation agents the authority to compel businesses to adopt accounting methods and procedures that reduce risk of the likelihood of business fraud. The police are the initiators of third-party policing. This involves the police identifying a problem, co-opting a non-offending person to take on a crime control role and using a range of civil and regulatory laws in the background to ensure the co-opted persons complies with the will of the police. **6. Hot spot policing.** Hot spot policing is a popular policing strategy that addresses crime by assigning limited police resources to areas where crimes are most highly concentrated. Hot spots policing to as place-based policing covers a range of police responses that all have in common a focus of resources on the locations where crime is highly concentrated. **What police should be doing at crime hot spots?** - Increase police presence by conducting patrol duties in places considered hot spots. - The best approach is for police to spend about 15 minutes in each hot spot. - The Braga and Bond experiment were most effective in reducing crime with strategies\ focus on effort to disrupt situational dynamics that allow crime to occur by like reducing\ the attractiveness of potential targets. - The conduct of saturation patrol on hot spots places. **Accurate and timely intelligence**. Know what is happening. In this context crime intelligence relies on data primarily from official sources, such as calls for service, crime, and arrest data. This crime and disorder data is used to produce crime maps, trends and other analysis and other analysis product. Subsequently, command staff uses these information products to identify crime problems to be addressed. **Effective Tactics. A compstat meeting** provides a collective process for developing tactics as well as accountability for developing these tactics. **Rapid Deployment**. Do it quickly. This model strives to deploy resources to where there is a crime problem right now, as a means of heading off the problem before it continues to escalates. **Relentless follow-ups and assessment**. If it works do more. If not do something. The meeting provides the forum to check in if the program is a success, such using past and current strategies in addressing identified problems. **Evidence Policing** Dr. Coldren presented a definition of evidence-based practice: Rather than relying on conviction conjecture or conventional wisdom, decision makers turn to the best available evidence about what does and does not work when evaluating options and decisions. Evidence-based decision making is simply the routine and systematic application of the best available k knowledge in order to identify and choose the optimal approach in policy, management and other applied settings. **COMPARATIVE LAW ENFORCEMENT** Generally, the practice of law enforcement emanates from the following: - **Societal type of police system**. There are four kinds of societies in the world, these types\ of society prescribe different perspective of police system which match to the interest\ and motivations. The police structure and management differs significantly in each of\ these types of society. - **Folk-communal society**. Has little codifications of law, specialization among Police, and a system of punishment that just things go for a while without attention until things become too much then harsh, barbaric punishment is resorted to classic example, African and Middle Eastern tribes. - **Urban commercial society**. Has civil law (some standards and customs are written down), specialized police forces and punishment is inconsistent, sometimes harsh, sometimes lenient. - **Urban-industrial society**. Not only has codified laws (statutes that is prohibited) but laws that prescribe good behavior, police become specialized in how to handle property crime,\ and the system of punishment is run on market principles of creating insensitive and disincentives. - **Bureaucratic society**. Has a system of laws (along with armies of lawyers), police who\ tend to keep busy handling political crime and terrorism, and a system of punishment\ characterized by overcriminalization and overcrowding. The U.S. and perhaps only eight\ other nations fit the bureaucratic pattern. Juvenile delinquency is a phenomenon that only\ occurs in bureaucratic society. - Post-modern society. Where the emphasis is upon the meaning of words and the\ deconstruction of the institution. **TYPES OF POLICE SYSTEM**. It is the consensus of experts that there are four types of police system adopting the criminal justice systems in the world: **Common law systems**. Are also known as Anglo-American and exist in most English-speaking countries of the world, such as U.S. England, Australia and the New Zealand. They are distinguished strong adversarial system are distinctive in the significance they attach to precedent. They primarily rely upon oral system of evidence in which the public trial is a main focal point. **Civil law system**. Are also known as Continental justice or Romano-Germanic justice, and\ practiced throughout most of the European union as well as elsewhere, in places such as\ Sweden, Germany, France and Japan. They are distinguished by a strong inquisitorial\ system where less right is granted to the accused, and the written law is taken as gospel and\ subject to little interpretation. **Socialist system**. Is also known as Marxist-Leninist justice and exists in many places, such\ as Africa and Asia, where there had been a communist revolution of the remnant of one.\ They are distinguished by procedures design to rehabilitate or retrain people into fulfilling\ their responsibilities to the state. It is also primarily characterized administrative law, where\ non-legal officials makes most of the decisions or law. **Islamic system**. Are also known as Muslim or Arabic justice, and derive all their procedures\ and practice from the interpretation of the Koran. **MODEL POLICE SYSTEM** Different police systems of several countries for comparative analogy as to how effective and\ efficient in the enforcement task. **Selected Police Models**. Here under are few of the chosen police system of different countries that are distinct with each other in many terms. The basis of modeling police system are the continental, developing and the modernized\ police system. **Continental policing** is traditional in nature as it is based its crime control efficiency to the number of arrests and people being put to jail as punishment. **Developing police system**. This system are those that are under transition from their former practices but have adopted democratic form of governance. The modern system uses measurement of crime control efficiency and effectiveness based on the absence of crime or low crime rate to include citizen's satisfaction in terms of peace and order that propels progress. **WEEK 5 GLOBALIZATION\ ** **Globalization** \- is a package of transnational flows of people, production, investment, ideas, information, ideas, and authority. Alison Brysk in a digest paper stated that Globalization is the growing inter-penetration of\ states, markets, communication and ideas. It is one of the leading characteristics of the contemporary world. Assaults on fundamental human dignity and the very blurring of borders and rise of transnational factors that facilitated the development of a global human rights regime may also be generating new sources of human rights abuse. **Globalization is a package of transnational flow of:** **People.** Which refers to aggregate of the population. But what about people is their empowerment to become a productive member of the society. **People Empowerment**. This is the delegation of authority accountability, and responsibility to employees for improving business processes under their control without obtaining permission from management. **EFFECTS OF GLOBALIZATION IN TERMS OF**: **INVESTMENT**. Taking the point of view of economists, investment is understood in the following:\ - In finance, the purchase of a financial product or other item of value with an expectation of favorable future returns. In general terms, investment is the use of money in the hope of making more money. \- In business, the purchase by a producer of a physical good, such as durable equipment or inventory, in the hope of improving future business. **INFORMATION**. Today's technology age, information is defined as a system which means;\ - An information system consists of three components: human task, application system. In this view information are defined in three levels of semiotics. Data which can be automatically\ processed by the application system correspond to the syntax-level. In context with an individual who interprets the data they become information, which correspond to the semantic level. Information become knowledge, when an individual know (understand) and evaluates the information (e.g. for a specific task) This corresponds to the pragmatic level. \- A system whether automated or manual that comprises people, machines and/or methods\ organized to collect process, transmit data that represent user information. \- RAW DATA + PROCESS = MEANINGFUL INFORMATION. The process where Raw data\ which has hardly any meaning. Processed and the Outcome which results in meaning\ information is simply understood as the information system. Any telecommunications and/or computer related equipment or interconnected system or subsystems of equipment used in the acquisition, storage, manipulation, management, movement, control, display, switching, in-charge, transmission or reception of voice, and/or data and include software, firmware, and hardware. \- In the mathematical area of domain theory, a Scott information system (after its inventor Dana Scott) mathematical structure that provides an alternative representation of Scott domains and, as a special case, algebraic lattices. \- An **information system** is a set of inter-related components, collecting, processing, storing,\ and distributing information, decision-making and support. \- **IDEAS.** In modern concept, ideas may refer to idealism which means of reality and of knowledge that attributes to consciousness, or the immaterial mind, a primary role in the constitution of the world. More narrowly, within metaphysics, idealism is the view that all physical objects are mind-dependent and can have no existence apart from mind that is\ conscious of them. The view is contrasted with materialism, which maintains that consciousness itself is reducible\ To purely physical elements and processes, thus: \- According to the materialistic view, the world is entirely mind-independent, composed only of\ physical objects and physical interactions. \- In epistemology, idealism is opposed to realism, the view that a mind-independent physical objects exist that can be known through the senses. \- Metaphysical realism has traditionally led to epistemological skepticism, the doctrine that\ knowledge of reality is impossible and has thereby provided an important motivation for theories or idealism which contends that reality is mind-dependent and that true knowledge of idealism, which contends that reality is mind-dependent and that true knowledge of reality is gained by relying upon a spiritual or conscious source. Basically, Idealism is a group of concepts in philosophy asserting that reality and existence is\ Dependent upon the Mind, specifically the immaterial mentality of oneself. There are numerous Variations and distinct sub-categories of idealism, however, such as epistemic skepticism,\ classical idealism, subjective and objective idealism, transcendental idealism, and even Rene\ Descartes Concept of solipsism. Idealism is a key aspect of religious beliefs, especially in regards\ to the supernatural. Idealism is contrary to philosophical materialism, among other concepts and theories. Basically, Idealism, is a group of concepts in philosophy asserting that reality and existence\ is dependent upon the mind, specifically the immaterial mentality of oneself. **AUTHORITY**. Presented in this definition are two faces of authority. The authority emanating from Law (natural law) and the authority emanating from science, such as;\ - Is the inevitable power of the natural laws which manifest themselves in the necessary\ linking and succession of phenomena in the physical and social worlds. Indeed, against\ these laws revolt is not only forbidden-it is even impossible. \- An authority, once they shall have been recognized by science and then from science, by\ means of an existence, by means of an existence of popular education and instruction shall have passed into consciousness of all, the question of liberty will be entirely solved. The most stubborn authorities must admit that there will be no need either of political organization or direction or legislation, three things which, whether they emanate the will of the sovereign or from the vote of a parliament elected by universal suffrage, and even should they conform system of natural laws-which has never been the case and never will be the case are always equally fatal and hostile to the liberty of the masses from the very fact that they impose a system of external and therefore despotic law. **Globalization as International**. It describes the growth in international exchange and interdependence. With growing flows of trade and capital investment thee is the possibility of moving beyond an international economy, to a stronger version-the globalized economy in which, distinct national economies are subsumed and rearticulated into the system by international processes and transactions. **Globalization as liberalization**. It refers to a process of removing government-imposed\ restrictions on movements between countries in order to create an "open", "borderless" world economy. **Globalization as universalization**. Global is the used in the sense of being "worldwide" and\ globalization is the process of spreading various objects and experiences to people at all corners of the earth. A classic example of this would be the spread of computer, television etc. **Globalization as westernization or modernization**. It is understood as a dynamic, hereby the social structures of modernity (capitalism, rationalism, industrialism, bureaucratism, etc.) are spread the world over, normally destroying pre-existent cultures and local self-determination in the process. **Globalization as deterritorialization**. It entails a configuration of geography, so that social space is no longer wholly mapped in terms of territorial spaces, borders and distances. Anthony Giddens has thus defined globalization as the intensification of worldwide social relations which link distant localities in such a way that local happenings are shaped by events occurring many miles away and vice versa. **THREATS OF GLOBALIZATION TO LAW ENFORCEMENT** - Increasing volume of human rights violations evident by genocide or mass killings. - The underprivileged gain unfair access to global mechanism on law enforcement and security. - Conflict between nations. - Transnational criminal networks for drug trafficking, money laundering, terrorism etc.\ Impact of globalization and new technologies on drug-related crime and criminal organizations. **Cybercrime: a definition**. The term cybercrime covers many types of activities but essentially can be used to describe\ violations of law that are committed and/or facilitated through the use of electronic media. **SCOPE OF GLOBALIZATION IN TERMS OF LAW ENFORCEMENT** Alyson Brisk in a digest paper stated that Globalization is the growing interpenetration of\ States, markets, communication and ideas. It is the leading characteristics of the contemporary world. International norms and traditions for the protection or policing human rights more developed than at any previous point in history, while global society fosters growing avenues of appeal for citizens repressed by 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 that\ May also generating new sources of human rights abuse. With Brysk's view on globalization and human rights, a more broad articulated and accepted way of protecting these rights is within hand 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 international one. **COMPONENTS OF GLOBALIZATION.\ FIRST COMPONENT**: **TERRITORY**. Refers to a place of exclusive jurisdiction of those who sojourn within the protected rights and privileges, the United Nation declaration of national territories gives the\ Following understanding; Origin of boundaries. The original divisions were open based upon the extent of available agricultural land or on the influence of a central group of cities a surrounding area. **Types of boundaries.** **Boundary**. Refers to the line that divides one geographic area from another it is often more complex than it seems on map. **Map**. Many simply show a line of dashes running along the crest of a mountain range or down\ The middle of a major river, or straight line along a desert. **International boundary**. Refers to a line that divides a country from another country by a mutual\ Peaceful agreement. **Disputed boundary**. This is an international or internal border openly contested by two or more countries. **A treaty line**. This is a boundary established by an official treaty two or more countries but not yet agreed upon by all countries involved.

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