Law Enforcement Organization And Administration PDF

LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION Prepared by: Kea Jean V. Balba. RCrim POLICE EVOLUTION OF THE POLCE/ POLICING SYSTEM POLICE is a term originated and evolved through three languages: Greek, Roman, and French. ✓ POLITIA in Roman word, which means c...

LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION Prepared by: Kea Jean V. Balba. RCrim POLICE EVOLUTION OF THE POLCE/ POLICING SYSTEM POLICE is a term originated and evolved through three languages: Greek, Roman, and French. ✓ POLITIA in Roman word, which means condition of a state, government and administration. ✓ POLITEIA in Greek word “politeia” which means government, citizenship, or the entire activity of a “polis”, a city. ✓ POLICE in French, used it to those authorized people who actually enforce the law. The Americans borrowed the word from the French and used it to describe a law enforcement officer. Police means the internal organization or regulations of a state, the control and regulation of a community or state through the exercise of the constitutional power of the government. THEORIES OF POLICE SERVICE 1. HOME RULE THEORY -Policemen are considered as servants of the community. -Effectiveness of the policemen in their functions depends on the express wishes of the people. -Policemen are civil employees whose primary duty is the preservation of the public peace and security. This is applied in countries that have decentralized government structure. THEORIES OF POLICE SERVICE 2. CONTINENTAL THEORY -Policemen are considered as servants of a higher authority. -Ordinary people have little or no share in all of the people duties, nor have any direct connection with the police functions. -This theory is applied in countries that have centralized government. CONCEPT OF POLICE SERVICE 1. OLD CONCEPT - Police is looked upon as a repressive machinery of the government. - Punishment, which is, throwing more people in jail rather than keeping them out of jail, is the sole instrument of crime control. - The yardstick of police efficiency id more arrest. Thus, the job of the police is to arrest and put people in jail rather than keep them out of jail. CONCEPT OF POLICE SERVICE 2. MODERN CONCEPT -Police is an instrument for crime prevention. -It is not only focused on criminal apprehension but it includes social services. -Objective of the police is to promote the welfare of the individual citizen as well as the society in general. -The yardstick of police efficiency is the absence of crime. Police Discretion It is the wise use of one’s judgment, personal experience and common sense to decide a particular situation. Abuse of discretion resulting to injury to persons or damage is punishable. Police must be guided by some basic concepts such as COMMON SENSE, PERSONAL EXPERIENCE, and SOUND JUDGMENT. ✓ In the Philippines, there are already existed organized independent villages called barangays before the arrival of the Spanish. ✓ Barangay was headed by the chief who has the authority to select the able-bodied male resident act as watchmen to guard for the thieves and wild animals. He performs all the jobs of the offices of what we call now the chief of police, prosecutor, judge and jail warden. 3 POLICE FORCES ORGANIZED TO PERFORM POLICE FUNCTIONS: 1. CARABINEROS DE SEGURIDAD PUBLICA -Organized for the purpose of carrying out the policies of the Spanish government. -It was given the special commission as custodian of the tobacco monopoly. -It was later known as Cuerpo de Carabineros de Seguridad Publica by virtue of a Royal Decree on December 20, 1842. It duties became police-like and more general including the prosecution of law breakers, maintenance of peace, order, and security, and the vigilance on the execution of laws and ordinances of good government. 2. Cuadrilleros Also refer to cuardillos, a body of rural police organized in each town that was created by the Royal Decree of 8 January 1836. 3. Guardia Civil Created by the Royal Decree issued on 12 February 1852 Consisted of body of Filipino policemen organized in each provincial capital branch of the central provinces of Luzon under the command of the Alcalde. Important Legislation Pertinent to the Creation of the Police During the American Occupation ACT NO 70 – created the Metropolitan Police Force of Manila on January 9, 1901. ACT NO 175 – An Act Providing for the Organization and Government of an Insular Constabulary. ACT NO 183 – created Manila Police enacted July 18,1901. ACT NO 255 – renamed the Insular Constabulary into the Philippine Constabulary ,enacted July 31, 1901. RA 4864 – known as the Police Professionalization Act of 1966 enacted September 8, 1966. PD 421 – Integration of the City/Municipal Police Forces, Jail and Fire Departments within the Greater Manila Area; approved on March 21, 1974. PD 482 – Integration of Police and Fire Department and Jails in Certain Provinces; approved on June 13, 1974. PD 531 – Integration of Police and Fire Department and Jails in other Provinces; approved on August 8, 1974. PD 641 – Integration of Police and Fire Department and Jails in Provinces not covered by Previous Police Integration Decrees; approved on January 21, 1975. PD 765 – known as the Integration Act of 1975, enacted on August 8, 1975. RA 6975 – known as the Department of the Interior and Local Government Act of 1990, enacted on December 13,1990. RA 8551 – known a Philippine National Police Reform and Re- OrganizationAct of 1998, enacted on February 25, 1998. RA 9708 – law amending the provision of RA 6975 and RA 8551. ORGANIZATION It is a form of human association for the attainment of a goal or objective. It is the process of identifying and grouping the work to be performed, defining and delegating responsibility and authority establishing relationships for the purpose of enabling people work effectively. POLICE ORGANIZATION Police organization is a group of trained personnel in the field of public safety administration engaged in the achievement of goals and objectives that promotes the maintenance of peace and order, protection of life and property, enforcement of the laws and the prevention of crimes. The organization of the police force commonly requires the following organizational units: Functional Units Territorial Units  Functional Units 1. Bureau – the largest organic functional unit within a large department. It comprises of numbers of divisions. 2. Division – a primary subdivision of a bureau. 3. Section – functional unit within a division that is necessary for specialization. 4. Unit – functional group within a section; or the smallest functional group with in an organization.  Territorial Units 1. Post – a fixed point or location to which an officer is assigned for duty, such as a designated desk or office or an intersection or cross walk from traffic duty. It is a spot location for general guard duty. 2. Route – a length of streets designated for patrol purposes. It is also called LINE BEAT. 3. Beat – An area assigned for patrol purposes, whether foot or motorized. 4. Sector – An area containing two or more beats, routes, or posts. 5. District – a geographical subdivision of a city for patrol purposes, usually with its own station. 6. Area – a section or territorial division of a large city each comprised of designated districts.  Development of Policing in the International Setting A. Anglo Saxon (Ancient England) Period - 600-1066 A.D. 1. Thanes Policing System It was introduced by King Alfred the Great. A type of internal police force where landowners throughout the kingdom were responsible to police their own territory. Landowners were empowered to arrest offenders and deliver them to the King. The landowners were also empowered to settle civil litigations. 2. Frankpledge Policing System This policing system was carried out under a system of mutual pledge. Every male over twelve (12) years old joined nine (9) of his neighbors to form Tythingmen. Said tythingmen performed police works and anyone who failed to join and perform this duty was severely fined. Policing responsibility lies on the hands of the citizens. 3. Tun Policing System This policing system required all male residents to guard the town to preserve peace and order, protect the life and property of the people and suppress other factors affecting peace and order. Tun was the forerunner of the word "town". 4. Hue and Cry Policing System Complainant or victim will go to the middle of the community and shout to call all male residents to assemble. Once heard, male residents will automatically assemble to go after the criminal and apprehend him. 5. Royal Judge System The Royal Judge conducts criminal investigation and gives appropriate punishment for the crime committed. It started the identification of criminals. 6. Trial by Ordeal It requires a suspect to put his hands over boiling water or is required to perform any other act which may hurt him. If he was hurt, the society considered him guilty; otherwise, he was not considered guilty. This was in accordance with the belief by the people before that God will protect the innocent one from being hurt B. Normal Period - 1066-1285 1. Shire-Reeve System It was observed during the time when King William Norman became the ruler of England. King Norman divided the kingdom into 55 military districts known as Shire-reeves. Shire - used to refer to a district. Reeve - used to refer to the ruler of the district who made laws, rendered judgment, and imposed penalties. 2. Court of the Tourn It settles a range of cases, more often dealing with petty offenses and civil matters. From the Court, 12 tythingmen were selected to hear serious cases. 3. Court Leet To handle local legal matters in some, but all, communities, the Normans established the Court Leet which looked after matters of purely local interest and petty village nuisances. The head of the court was appointed by the King to be "Master of the House" The Comes Stable was also appointed by the King to be responsible in keeping peace and order in a specific area. This appointee was, however, under the responsibility of local officials who could petition to remove him if he did not perform his job properly. Comes Stable became Constable which is used to day to refer to members of the police force. 4. Legis Henrie This law was passed during the time of King Henry I which imposed the following features: Law violations were classified as offenses against the King. Policemen were considered as public officials. The police and the citizens were given the power to conduct arrest. Grand Jury was created to inquire on the facts of the law. 5. Keepers of the peace It was issued by King Richard of England in 1195. It requires the appointment of knights to keep the King's peace. The knights were posted on bridges and gates to check the people entering and leaving the town or cities. 6. Magna Carta (Great Charter) It was sealed by King John of England on June 15, 1215 which became a law upon the demand of the Knights of the Round Table. It declared the following: a. No freemen shall be taken or imprisoned, disposed, outlawed, or bowed except by legal judgment of his peers. b. No person should be tried for murder unless there is proof of the body of the victim. c. There should be national and local government as well as the national and local legislation. C. Westminster Period (1285-1500) 1. Statute of Winchester (1285) It was enacted for law and order. This law introduced the Watch and Ward system. 2. Statute of 1295 It began the closing of the gates of London during sunset. This started the observation of the curfew hours. 3. Justice of the Peace This was a position given to a respected citizen, who has the power to arrest, pursue and imprison offenders. 4. Star Chamber Court This was established as a special court that tried offenders against the state. Later on, it became both a court of law to determine civil rights and a court of revenue to enrich treasury. D. Modern Period 1. Night watchmen or Bellmen It was created by virtue of a law passed by King Charles II in 1663. They were employed to be on duty from sunset to sunrise. 2. Bow Street Runners (Thief Catchers) It was organized by Henry Fielding, Chief Magistrate of Bow Street in London in 1748. Later on, he formed the Bow Street Horse Patrol whose duty was to patrol the main roads thus secure the travelers from highway bandits. 3. London Metropolitan Police It was established by Sir Robert Peel in 1829 which became the world's first modern organized police force. It was later called Scotland Yard E. French Police System 1. During the 17th century, King Louis XIV maintained a small central police organization consisting of some 40 inspectors who, with the help of numerous paid informants, supplied the government with details about the conduct of private individuals. 2. Officers de Paix (1791) It was the origin of the term peace officers. 3. Sergent de Ville (Servant of the City) These were called the first uniformed police officers. 4. Other contributions: Conceiving street signs Assigning house numbers Installing street lighting Creating emergency and rescue services Use of police ambulances Use of warrant card and ID signifying authority to arrest. F. American Police System 1. Rattlewatch It was organized in New York, Philadephia and Boston which was similar to the night watchmen in London created during the reign of King Charles II. They carried rattles while on duty to inform the public of their watchful presence. 2. Municipal Police Force a. Night watch (1638) - Boston, Massachusetts b. Rattlewatch (1658) - New York c. Night watch (1700) - Philadelphia d. Introduction of police regulation that "No watchman has the liberty to sleep" (1722) - New Haven, Connecticut e. It became a government policy that able-bodied males over 16 years old were required to serve without pay (1800). f. Daytime police with pay (1833) g. Full police uniform (1856) - New York City 3. State Police Force a. Texas Rangers (1835) b. State Constables (1865) - Massachusetts c. Pennsylvania State Police (1905) 4. Federal Police Force a. Post Office Inspection System (1829) b. Investigation on crimes against the government (1861) c. Detective forces (1868) were formed to investigate problems on revenue services, immigration and smuggling. d. In 1934, Federal government attention focused on lotteries, drug regulations, and transportation guidelines. e. Enactment of the Anti-White Slavery Act and Motor Vehicle (1910) f. In 1934, National Kidnapping Act, Banking Aet, and Racketeering Act were passed by the United States Congress ELEMENTS OF ORGANIZATON Specialization The grouping of activities and segregation of line, staff, and auxiliary functions are large-scale examples of specialization within a bureaucratic organization. Hierarchy of Authority Represents the formal relationship among superiors and subordinates in any given organization. It can be visualized as a ladder, with each rung (or rank) representing a higher or lower level of authority. Authority It is the right to command and control the behavior of employees in lower positions within an organizational hierarchy. A hierarchy thus serves as the framework for the flow of authority downward (and obedience upward) through the department. Span of Control A span of control is the maximum number of subordinates at a given position that superior can supervise effectively. Delegation of Authority Delegation is the conferring of an amount of authority by a superior position onto a lower-level position. The person to whom authority is delegated becomes responsible to the superior for doing the assigned job. However, the delegators remain accountable for accomplishment of the job within the guidelines and quality standards of the agency. Unity of Command Employee receiving orders from only one supervisor. 1. On Duty - the period when an officer is actively engaged in the performance of his duty. 2. Off Duty - the nature of which the police officer is free from specific routine duty. 3. Special Duty - the police service, its nature, which requires that the officer be excused from the performance of his active regular duty. 4. Leave of Absence - period, which an officer is excused from active duty by any valid/acceptable reason, approved by higher authority. 5. Sick Leave - period which an officer is excused from active duty by reason of illness or injury. 6. Suspension - a consequence of an act which temporarily deprives an officer from the privilege of performing his duties as result of violating directives or other department regulations. THEORY OF ORGANIZATION By Luther Gullick 1. Planning -It is the act of knowing what to do and how to do it. -It is the basic process of selecting goals and determining how to achieve them -It involves selecting missions and objectives, the policies programs and procedures and the action to achieve them. -It requires decision making, which is, choosing from among alternatives future courses of action. 2. Organizing -It is the process of making the organizations fit with its objectives, its resources and its environment. 3. Staffing -It is the filling and keeping positions in the organizational structures. -The whole personnel function of bringing in and training the staff and maintaining favorable conditions of work. 4. Directing -continuous task of making decisions and embodying them in specific and general orders and instructions and serving as the leader of the organization. -It is the process of giving orders, commands, directives or instructions to personnel in order to rule or guide them in knowing or telling what to do, where to go in accordance with the goals and objectives of the organization. 5. Coordinating -all important duty of interrelating the various parts of the work. -It is the manner of integrating the different elements within or outside the organization into an efficient and harmonious relationship, thus making them work together or fit with each other. 6. Reporting -keeping those to whom the executive is responsible informed as to what is going on, which thus includes keeping himself and his subordinates informed through records, research and inspection. 7. Budgeting - All that goes with budgeting in the form of fiscal planning, accounting and control. -It is the management of income and expenditures within the organization. -It includes of appropriation of funds to be distributed to functional units and system PRINCIPLES OF POLICE ORGANIZATION 1. PRINCIPLE OF UNITY OBJECTIVES -Every police should play a part in the attainment of the objectives of the police organization. 2. PRINCIPLE OF ORGANIZATIONAL EFFICIENCY -This principle requires that, in order that the PNP organization is effective, it must be structured in a certain manner to accomplish the objectives with a minimum cost. 3. SCALAR PRINCIPLE -This principle requires a vertical hierarchy of an organization which defines the unbroken chain of units and command describing explicitly the flow of authority. from top to bottom A. Unity of Command -Group of police officers should only be under the control of one superior or ranking police officer.  B. Span of Control - A senior police officer should be provided with men not more than what he can effectively direct. It also refers to the number of workers who report to one manager. C. Delegation of Authority - A superior officer must designate some of his immediate subordinates to exercise a part of his administrative power. However, the power passed on by the superior officer carries an appropriate responsibility. 4. FUNCTIONAL PRINCIPLE -This principle is otherwise known as division of work according to type, place, time and specialization. 5. LINE AND STAFF PRINCIPLE -It implies a system of varied functions arranged into a workable pattern. -It states that operational units are responsible for the direct accomplishment of the objectives while the administrative units are responsible for support or advisory functions that facilitate the capacity for the operational units. Classification of Line, Staff, and Auxiliary Function 1. Line Functions -the “backbone” of the police department -they include such operations as patrol, criminal investigation, and traffic control, as well as supervision of the personnel performing those operations. Line functions are carried out but “line members,” including the patrol officer, the detective, the sergeant, the lieutenant, the captain, and the chief of police. 2. Staff Functions -Staff functions are those operations designed to support the line functions. -Staff members are necessarily advisors who are typically assigned to planning, research, legal advice, budgeting, and educational services. 3. Auxiliary Functions -Auxiliary functions involve the logistical operations of the department -These include training, communications, jailing, maintenance, record keeping, motor vehicles, and similar operations. THANK YOU!