course inhancement (1).docx

**Ancheta, Norvin** **Bacduyan, Adelfa** **Berato, Wendell** **Duday, Heracles** **Jacinto, Julia** **Rimando, Eduard Dwayne** **Pe, Reynald Shane** **CCJE 1-Course Enhancement** **MWF-3:30-4:30 Section 3** **August 19,2024** **TOS 2.1. Discuss the theories of policing; the Philippine poli...

**Ancheta, Norvin** **Bacduyan, Adelfa** **Berato, Wendell** **Duday, Heracles** **Jacinto, Julia** **Rimando, Eduard Dwayne** **Pe, Reynald Shane** **CCJE 1-Course Enhancement** **MWF-3:30-4:30 Section 3** **August 19,2024** **TOS 2.1. Discuss the theories of policing; the Philippine policing and translational crime.** **2. Comparative Models in Policing** **2.1. Theories in Policing System** **a.1. Home Rule Theory**- policemen are servant of the community **a.2. Continental Theory**- policemen are servant of higher **A. Theories of Comparative Criminology** **a.1. Alertness to Crime** Theory-peoples alertness to crime is heightened so they report more crime to the police. **a.2. Economic on Migration** Theory-crime is everywhere and it is the result of unrestrained, migration and over population in urban areas. **a.3. Opportunity Theory**- victims become more careless of their belonging and opportunities for committing crime multiply. **a.4. Demographic Theory**- baby booms grow up delinquent subcultures develop out of the adolescent identity crisis. **a.5. Modernization Theory**- sees the problem as society becoming too complex. **a.6. Theory of Anomie and Synomie**- progressive lifestyle and norms result in the disintegration of older norms that once held people together. **a.7. Safari method-** a researcher visits another country or "corroborative" the researcher communicates with foreign researcher. **Four Types of Societies** - **Folk-Communal Societies/primitive societies-**it has little codification of law, no specification among police, and system that punish that just let things go without attention. - **Urban-Commercial Societies-**it has civil law specialized police force and punishment is inconsistent sometimes harsh, sometimes lenient. - **Urban-Industrial Societies**- it has not only codified laws but laws that prescribes good behaviour, police become specialized in how to handle property crimes. - **Bureaucratic Societies**- are modern post-industrial societies where the emphasis is upon technique or the "technologizing" of everything, with the government. **Types of Police Force** **1. Centralized Police**- a country with only one recognized police force which operates entire that country. Examples: Chile, El Salvador, Indonesia, Kenya, Malaysia, Nepal, Papua New Guinea, St. Christopher and Nevis, Tanzania, Thailand, Uganda, Philippines, France, Australia Types of Centralized Police - **Multi Coordinated Police Force**- refers to a system with multiple agencies operating at different levels of government, often with overlapping jurisdictions and a less coordinated approach. This model is characterized by a decentralized command structure, with a lack of centralized control and a greater degree of autonomy for individual agencies - **Coordinated Police Force**-involves multiple agencies operating within a defined jurisdiction, but with a high degree of collaboration and cooperation. While each agency may have specific responsibilities, they work together to achieve shared goals and address common challenges - **Single Police Force**-operates as a unified entity responsible for law enforcement across an entire country. This model is characterized by a centralized command structure, with a single national agency overseeing all policing activities. **2. Decentralized Police**- refers to a system where police administrations and operations are independent from one state to another. Examples: India and Pakistan **3. Semi-Centralized Police System**- means a police system in federal system of government or similar constitutional arrangement where the responsibility for law and order is vested in the governments of the component states, provinces vests in both the Federal (central) government as well as the government of the component state. Example: Brazil and Japan **B. Philippine Policing and Transnational crime** **b.1. Philippine National Police (PNP**) the primary law enforcement agency in the Philippines. It operates within a complex environment characterized by poverty, inequality, and corruption. - Headquarters -- Camp Crame, Quezon City, - Administered and controlled by the National Police Force **b.2. Transnational Crime** **b.1. Drug Trafficking**- is the commercial exchange of drugs and drug paraphernalia. **b.2. Human Trafficking**-is the illegal movement of people, typically for the purpose of forced labour or commercial sexual exploitation. Faces of Human Trafficking: - Recruitment- the traffickers target the vulnerable persons in harsh living condition with limited educational and professional opportunities. - Transportation- the traffickers facilitate travel including help with border crossings, provision of counterfeit documents, bribing officials, as required. - Control and Exploitation- upon arrival of the country of transit and destination, victims may times are compelled into slave- like working conditions, and trafficked women and children are often forced to pay back heavy debt arising out of the cost of transport of fake documents and often have their passport and money confiscated to control their movements. - \- "Countries of Circulation"- A situation where victims of trafficking, upon arrival are being passed on among traffickers and circulated for exploitation in several countries. **b.3 Cybercrime**- it is any type of illegal activity that makes use of the Internet, a private or public networks. **b.4. Terrorism**- it is the unlawful use of force or violence against persons or property to intimidate or coerce a government. **b.5. Money Laundering**- it is the concealment of the origins of illegally obtained money. Faces of Money Laundering - Placement- it is the physical disposal of cash proceeds derived from the unlawful activity. - Layering- it is the separating illicit proceeds from their source by creating complex layers of financial transaction designed to disguise the source of money, subvert the audit trail, and - Integration- it is the final stage in the process at which the money is integrated into legitimate economic and financial systems and is assimilated with all the other assets in the system. **Countries that are Models in Policing System** **1. Japan** - Japan consistently ranks high for its low crime rates and high levels of public trust in law enforcement. This is attributed to a community-centric approach, rigorous training, and a strong emphasis on ethical conduct. - **The Japanese National Police (JNP**) has a comprehensive training program covering various aspects of law enforcement, including community policing, criminal investigation, and organized crime. **2. United Kingdom (England)** - England\'s policing system, based on Sir Robert Peel\'s principles, emphasizes transparency, accountability, and public consent. - **The Metropolitan Police**, known as Scotland Yard, is widely regarded as one of the best in the world. The UK police system is also known for its rigorous recruitment and training processes, ensuring high standards of professionalism and competence. **3. Canada** - **Canada\'s Royal Canadian Mounted Police (RCMP**) is renowned for its professionalism, training, and international reputation. - The RCMP\'s training programs are considered highly advanced and comprehensive, preparing officers for a wide range of scenarios. The RCMP also emphasizes community engagement and collaboration, fostering positive relationships with residents. **4. Netherlands** - The Netherlands is lauded for its highly cooperative and well-organized police force. - **The Dutch police** have a strong emphasis on proactive crime prevention and community engagement. Their training programs are designed to equip officers with the skills and knowledge needed to handle diverse situations effectively. **5. France** - **France\'s National Police (PN**) and **Gendarmerie Nationale** are recognized for their professionalism and expertise in handling complex situations, including terrorism and organized crime. - **The Gendarmerie Nationale**, under the **Ministry of Defence**, is a highly trained force specializing in tactical operations. - France also has a strong tradition of municipal police forces, responsible for maintaining order and providing services at the local level. **6. Germany** - **Germany\'s Bundespolizei (Federal Police**) is known for its high standards of training and professionalism. The Bundespolizei operates across 16 states, with a focus on combating crime and maintaining order. - Germany also has a dedicated police university, the Deutsche Hochschule der Polizei, which provides comprehensive training for all new police officers. **7. Australia** - **Australia\'s Australian Federal Police (AFP)** is recognized for its strong commitment to upholding the law and its role in combating transnational crime. - The AFP is known for its expertise in areas such as drug trafficking, terrorism, and cybercrime. Australia also has a robust state and territory police system, with each jurisdiction having its own police force. **8. Italy** - **Italy\'s national police** force is considered one of the best trained in the world, particularly in combating organized crime. - **The Italian Anti-Mafia Division** has a strong track record of apprehending dangerous criminals. Italy also has a large police force, with approximately 300,000 officers across five national and five local forces. **9. China** - **China\'s People\'s Armed Police** Force is known for its rigorous training, emphasizing hand-to-hand combat and advanced weaponry handling. - The Chinese police force is also known for its discipline and tactical operations. However, China\'s policing system has been criticized for its lack of transparency and its use of surveillance technology. **10. United States of America** - The United States, with its decentralized policing system, has a complex network of federal, state, county, and municipal police agencies. While the US has faced significant challenges regarding police brutality and racial bias, it also boasts advanced training programs and technological resources. - The FBI and other federal agencies are highly regarded for their expertise in combating terrorism and organized crime. **TOS 2.2. Implement the process of ASEAN cooperation, INTERPOL, Extradition Treaty, and international agreements on Law Enforcement cooperation.** **2.2 Process of ASEAN cooperation, INTERPOL, Extradition Treaty, and international agreements on Law Enforcement Cooperation** **A. ASEAN cooperation** The Association of Southeast Asian Nations (ASEAN) is a regional intergovernmental organization of ten Southeast Asian states. Established on 8 August 1967, ASEAN\'s primary aim is to promote regional peace and stability, economic growth, social progress, and cultural development. ASEAN has established three pillars to guide its cooperation: a.1. ASEAN Political-Security Community (APSC): focuses on promoting peace, stability, and security in the region through dialogue, consensus building, and preventive diplomacy. a.2. ASEAN Economic Community (AEC): Aims to establish a single market and production base, with free flow of goods, services, investment, capital, and skilled labour. a.3. ASEAN Socio-Cultural Community (ASCC): Promotes human development, social progress, and cultural development Areas of Cooperation - Economic Cooperation: ASEAN has made significant strides in economic integration through initiatives like the ASEAN Free Trade Area (AFTA), the ASEAN Investment Area (AIA), and the ASEAN Comprehensive Investment Agreement (ACIA). - Political and Security Cooperation: ASEAN has played a crucial role in regional conflict resolution, promoting dialogue and cooperation among member states. - Social and Cultural Cooperation: ASEAN focuses on enhancing people-to-people exchanges, education, health, and tourism. - Environmental Cooperation: ASEAN has addressed environmental challenges such as climate change, deforestation, and air pollution. Cultural development. **Process of ASEAN Cooperation** - **Project Proposal Formulation** Project proposals are developed using the ASEAN Cooperation Project Proposal Template and designed following the principles and approaches of results-based management. - **Appraisal and Approval** The ASEAN Secretariat appraises project proposals to ensure compliance to the ASEAN Cooperation Project Proposal Template before forwarding to the ASEAN Sponsoring Body for endorsement, or to the Final Approving Body. - **Implementation and Monitoring** After appraisal and approval, a project begins implementation. Proponents or Implementing Agencies (IA) must monitor and report on the progress of the project against its approved monitoring and evaluation and work plans. **B. INTERPOL (International Criminal Police Organization)** - **Headquarter- Lyon, France** It is the second biggest international police organization, and it has 196 member countries making us the world's largest police organization. It provides a range of policing expertise and capabilities, supporting three main crimes programmes: Counterterrorism, Cybercrime, and Organized and emerging crime. b.1. INTERPOL enables sharing of data on crimes and criminal among members countries. Points of contact with INTERPOL are provided by National Central Bureau (NCB) in each country which are run by national police officials. b.2. INTERPOL connects all members countries through a communication system which enables each member country to access database and services in real time. b.3. The INTERPOL General Secretariat coordinates day-to-day activities. INTERPOL currently states that it manages 18 police databases (ranging from information about names and fingerprints to stolen passports), which are accessible in real time to all its member countries. b.4. INTERPOL notes that its actions are politically neutral and taken within the limits of existing laws in different countries. **C. Extradition Treaty** Two countries agree to cooperate in cases where a person is charged or found guilty of an extraditable offense. Extraditable offenses are punishable by criminal law both countries at least one year imprisonment. These offenses include financial crimes, such as: - Tax Evasion - Customs duty evasion - Currency exchange offenses Extradition Treaty is an international agreement in which the requested states agree, at the request of the Requesting State under specified conditions, to turn persons who are within its jurisdiction and who are charged with crimes against, or are fugitives from, the Requesting State. Extradition Treaties can be bilateral or multilateral, though until recently the United States showed little interest in negotiating multilateral agreements extradition. The treaties include a clause allowing the Requested State to refuse extradition where offense is punishable by death in the Requesting State, unless the requesting state provide assurances satisfactory to the Requested State that the individual sought will not be executed. Procedure: c.1.Each formal request for extradition shall be submitted through diplomatic channel or directly between the United States Department of Justice and the Philippine Department of Justice. c.2.The information that the Requesting State must provide in support for such request. To determine quickly whether extradition is appropriate under the Treaty. c.3. It requires that if the fugitive has not been convicted of the crime for which extradition is requested, the Requesting State must provide such evidence probable cause for the arrest and committal for trial of the person if the offense has been committed in the requested State. c.4. Once a conviction has been obtained, no showing of probable caused is required. c.5. Authentication procedures for documents intended for use in extradition proceedings. **D. International agreements on Law Enforcement Cooperation** The development of international police cooperation is one of the ways that internationally community uses to deal systematically and methodically with organized crime and terrorism. International police cooperation is developing in three fields: - With the establishment of internationals organization by the States, which are used as instruments of effective and immediate cooperation in judicial and police organization. - With the development of common legislative frameworks and security policies - With the development of bilateral cooperation between States to combat more effectively the international border crime. **European Union (EU)** was the place where were grown implemented, the major policies related to international police cooperation. European organizations were established with main task the effectively prosecution of international organized crime and terrorism at judicial and police cooperation level. This followed the establishment of Interpol, which marked the start of international police cooperation. **European Union** develops police cooperation involving all the competent authorities. from the Member States (MS), including police, customs, coast guard, border police etc (Law Enforcement Agencies-LEAs), agencies that are specialist in the prevention or detection of the criminal activities as also on their investigation. **d.1. Channels of law enforcement cooperation** two channels of international law enforcement cooperation: - International cooperation involving operational police assistance prior to any judicial proceedings being in place. In these instances, the necessary arrangements can usually be made between the relevant police agencies without reference to mutual legal assistance laves, - International cooperation based upon formal \"letters of request\" made after judicial proceedings have been commenced or where an official investigation is under way. **d.2. Direct bilateral or multilateral contacts** Direct bilateral or multilateral contacts between investigators allow them to speak directly to colleagues who are engaged in the same type of work. Such contacts allow for the con- duct of enquiries in real time and enable the investigator to establish the existence of facts before seeking formal access evidence by of letters of request. **d.3. Cooperation on information-sharing** Collecting, exchanging, and analysing information on organized criminal networks is a fruit- ful approach to addressing trafficking in persons. **d.4. Expanding contacts between investigators** States must take steps allow their law enforcement officers to communicate with and meet partners in other States. Several international, regional multilateral organizations are now putting a strong focus on trafficking crimes and are bringing together practitioner to discuss common problems. **d.5. Cooperation during investigations** The need for assistance from law enforcement agencies in other States arises in most investigations in the trafficking in persons. \"There is frequently a need to identify and make evidence from victim living or staying in other States gather information to verify and support statements taken from witnesses. Conditions must, therefore, be generated that allow invest investigators t to take a broad approach to trafficking investigations, using all possible ways of gaining assistance develop contacts with other States. **TOS 2.3. Apply the policing models in the law enforcement** **2.3 Five Policing Models in the law** **A. Traditional Policing** it refers to a crime management approach in which police officers respond only to reported criminal activities. This model applies as a response strategy to crime alerts. This model allows police officers to work closely with detectives. Evidence gathered from a crime scene is used to prepare a report, which a detective uses to carryout investigations. **B. Community Oriented policing** this style of policing emphasizes on the need for police officers to engage community members in preventing and eliminating crime. Police officers often interact with people everywhere they work. The interactions develop out of the fact that community members rely on police officers to provide security, ensure order, and provide response services during emergencies. **C. Intelligence led policing** is a style of policing where police officers rely on assessing and managing risks by identifying crime patterns. This policing model is slightly different from the others because the course of operations is dependent on police officers and not the crime. Intelligence led policing does not focus a lot on the crime, but instead focuses more on surveillance and having informants who feed the police officers with information that shows the development of crime patterns under assessment. **D. Problem oriented policing** This model lays a lot of emphasis on efforts geared towards preventing crime. This model allows police officers to work on identifying and analysing crimes in their area of operation. Their analysis develops strategies that are used to give effective responses whenever the identified crimes are reported. **E. Environmental policing** It refers to the set of actions that a government takes to achieve full implementation of environmental requirements within the regulated community and to correct or halt situations or activities that endanger the environment or public health. **TOS 2.4. Evaluate the Importance of Policing in social life, its goals, and rules of the Police, in the affairs of the state /government. (Multi-cultural policing)** **2.4. Importance of Policing in social life, its goals, and rules of the Police, in the affairs of the state /government. (Multi-cultural policing)** **A. Importance of Policing in social life** Policing plays a crucial role in maintaining law and order in society. It ensures the safety and security of individuals, protects their rights, and promotes social harmony. Here are some key reasons why policing is important in social life: **a.1. Crime Prevention**-police officers actively work to prevent crime by patrolling communities, responding to emergencies, and conducting investigations. **a.2. Public Safety-** policing is essential for maintaining public safety and police officers respond to emergencies, enforce traffic laws, and handle situations that pose a threat to individuals or communities. a.3. The police are responsible for enforcing laws and regulation. They investigate crimes, gather evidence, and apprehend. a.4. They have the authority to intervene in situations where there is a potential for violence or harm, preventing escalation and promoting peaceful resolutions. **B. Goals of Policing** **b.1. Crime Reduction**: Policing aims to reduce crime rates and create a safe environment for individuals and communities. **b.2. Public Order**: Policing seeks to maintain public order by preventing disorderly conduct, addressing public nuisances, and ensuring compliance with laws and regulations. **b.3. Justice and Fairness**: Policing strives to uphold justice and fairness by investigating crimes, apprehending offenders, and ensuring due process for all individuals involved. **b.4. Community Safety**: Policing aims to enhance community safety by working collaboratively with residents, businesses, and community organizations to identify and address safety concerns. **b.5. Public Trust**: Policing seeks to build public trust and confidence by promoting transparency, accountability, and ethical conduct among police officers. **C. Roles of the Police in the Affairs of the State/Government** **c.1. Service Provider**- provides service to another person, it includes various services like telecommunication, internet, medical and legal, accounting services. **c.2. Watchman**- the goal of their department is to keep peace but through informal method, they focus on resolving disputes but not terribly focused on proactive preventing dispute. **c.3. Law Enforcer**- - organized civil force for maintaining order, preventing and detecting crime, and enforcing the laws**.**