Law Enforcement in a Global Arena PDF

**LAW ENFORCEMENT IN A GLOBAL ARENA** How can the police or law enforcement agencies safeguard life and human dignity in a global scale? The system and norms are codified in a widely endorsed set of international undertakings: 1\. The \"International Bill of Human Rights\" a\. Rights of freedom...

**LAW ENFORCEMENT IN A GLOBAL ARENA** How can the police or law enforcement agencies safeguard life and human dignity in a global scale? The system and norms are codified in a widely endorsed set of international undertakings: 1\. The \"International Bill of Human Rights\" a\. Rights of freedom of expression b\. Freedom from torture and ill-treatment c\. Rights to education d\. Adequate housing and other economic, social, and cultural rights. 2\. International Covenant on Civil and Political Rights and International Covenant on Social and Economic Rights: 3\. Phenomenon-specific treaties on war crimes, genocide, and torture, 4\. Protections for vulnerable groups such as the UN Convention on the Elimination of Discrimination against Women. 5\. International dialogue on human rights has produced a distinction between three \"generations\" of human rights, labelled for their historical emergence. 6\. Security rights encompass life, bodily integrity, liberty, and sometimes associated rights of political participation and democratic governance. 7\. Social and economic rights, highlighted in the eponymous International Covenant, comprise both negative and positive freedoms, enacted by states and others: prominently, rights to food, health care, education and free labor. Economic social and cultural rights are broad category of human right guaranteed in the International Covenant on Economic, Social and Cultural Rights and other legally binding international and regional human rights treaties. They include: a\. Rights at work, particularly just and fair conditions of employment, protection against forced or compulsory labor and the right to form and join trade unions. b\. The right to education, including ensuring that primary education is free and compulsory, that education is sufficiently available, accessible, acceptable, and adapted to the individual. c\. Cultural rights of minorities and Indigenous Peoples. d\. The right to the highest attainable standard of physical and mental health, including the right to healthy living conditions and available, accessible, acceptable, and quality health services, e\. The right to adequate housing, including security of tenure, protection from forced eviction and access to affordable, habitable, well located and culturally adequate housing. f\. The right to food, including the right to freedom from hunger and access at all times to adequate nutritious food or the means to obtain it. g\. The right to water, the right to sufficient water and sanitation that is available, accessible (both physically and economically) and safe. **LAW ENFORCEMENT IN GLOBAL PERSPECTIVE\ **\ Research on policing has traditionally been and today continues to be among the richest areas of cross-cultural criminal justice research. There are particularly two directions in the broad area of police research from a comparative perspective: one, certain research is devoted to comparisons of the various styles of policing across the world; and, two, other investigations focus on international developments of police across the borders of countries.\ \ **A. COMPARATIVE POLICE RESEARCH\ **\ Comparative research of law enforcement organizations investigates a variety of issues, including the function and organization of police in different parts of the world (e.g., Brodeur, 1995; Bayley, 1985), police practices in different countries (e.g., Chevigny, 1995), and the cross-cultural use of selected police strategies (e.g., Fijnaut and Marx, 1995). This type of research has revealed important similarities and differences that exist between national and regional police systems across the globe. But paralleling our earlier observations on national systems of criminal justice in general, police research has also observed certain patterns of convergence across nations. For example, research reported in the book Undercover: Police Surveillance in Comparative Perspective (Fijnaut and Marx, 1995) found that police of Western nations have adopted techniques and strategies of covert surveillance quite similar to one another. Chevigny's (1995) insightful research on police violence, similarly, reveals that there are even similarities between police institutions resorting to violence in the United States and in several countries in Southern America.\ \ The systems of law enforcement that exist across the world, especially in the industrialized nations of the West, have generally been well-researched (e.g., Bayley 1985; Deflem, 1994; Jiao, 1995; Mawby 1990). Police scholars have revealed that an important distinction exists between the Continental European system, which typically has a centralized military-like police force, and 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, favors a particularly strong tradition of local policing.\ \ Japan traditionally has been among the most researched non-Western nations in police studies, because the level of crime in Japan is comparably very low (Bayley 1991; Steinhoff, 1993; Westermann and Burfeind, 1991). The low incidence of crime in Japan is explained by the fact that there is a very high degree of citizen involvement in the Japanese criminal justice system (Ferdinand, 1994). The country therefore relies on an extraordinarily high correspondence between the values of its citizens and the prescriptions of its legal system (Schneider, 1992). However, most recently research has uncovered that the Japanese government has found it increasingly necessary to enhance police powers (Aldous and Leishman, 1997). In a contemporary study of police practices, Miyazawa (1992), for example, found that Japanese police detectives constantly struggle to do their investigative work as efficiently as possible, while making sure that they, at least technically, do not infringe upon the rights of the accused.\ \ Comparative police research has recently focused investigations on those nations in the world that are implementing democratic systems of politics and criminal justice. Research on democratic styles of policing has particularly been done in the former Soviet Union (e.g., Shelley, 1996) and in South Africa (e.g., Brogden and Shearing, 1993). The findings of this research parallel the earlier discussed observations on democratization of the criminal justice system in general: the new democratic ideals of policing are admirable, but their practical implementation faces many technical challenges and forces of resistance.\ \ For example, in Russia, officials recognize that the new civil police cannot be as political as it used to be during communism and, instead, must now focus on violations of criminal law in such a way that the rights of the suspects are guaranteed. However, Russian police also face tremendous difficulties in putting these democratic ideas to practice, because the police forces are underequipped and understaffed (Allen, 1993). Russian police also lack the necessary resources to deal with new and more sophisticated forms of criminal behavior, such as money laundering and drug trafficking.\ \ Similar to the problems that exist in Russia, police in South Africa are still associated, particularly by the black population, with the repressive force that existed during the Apartheid regime. These popular perceptions that view the police as a force of oppression impede changes that are implemented in police organizations in order to create a civilian force involved with order maintenance and crime control in a democratic way (Brogden and Shearing, 1993).\ \ **B. POLICING ACROSS NATIONAL BORDERS**\ \ In recent years, police research has been concerned, more than ever before, with dimensions of law enforcement that traverse the borders of national-legal jurisdictions (e.g., Deflem, 1996, 1997; Sheptycki, 1995, 1996; Marx, 1997; McDonald, 1997a). This research has revealed that police officials often operate outside the borders of their countries, although police institutions are by definition sanctioned by the governments to fight crime and maintain order within the borders of their country (Deflem, 1996; Huggins, 1998; Nadelmann, 1993).\ \ International police research has been applied in a variety of contexts. Thus, research has been devoted to recent developments in the control of national borders (for instance, at the U.S.-Mexican border), the international activities of national and local police organizations (for example, the work done by the FBI in foreign countries), and the formation of international networks of police (for instance, Interpol) (see Anderson, 1989; Deflem, in press).\ \ Research has revealed that police agents working abroad are less guided by judicial control and political supervision and more likely to do whatever tasks they see fit given the circumstances. Police abroad may as such be less guided by concerns related to civil rights and democratic procedure. This democratic deficit of international policing is seen as an important social problem because it can lead to abuses by police. James Sheptycki (1996), for instance, has raised concerns over the lack of accountability that arise from police agents investigating suspects in foreign countries without the limitations that are placed on police organizations in their own country. Particularly in the fight against drugs and drug trafficking, Sheptycki notes that police agencies rely on interpersonal networks that can be effective, but difficult to monitor, thus undermining the ideal of democratic oversight. Also related to democratization in the new global order are the efforts by police from established democratic regimes to assist with the re-organization of law enforcement in the newly formed and evolving democracies of the world. Comparative police expert David Bayley (1995) has argued that police institutions are central in the democratization process, because law enforcement agencies are such a visible instrument of power with which many citizens are confronted. Bayley suggests that U.S. authorities can assist foreign governments with democratizing their police, if at least some conditions are fulfilled. For example, Bayley argues, foreign police should be assisted by U.S. agents only if the larger political system of the foreign country is genuinely democratic and if efforts are made by foreign police to eliminate all forms of corruption. **THREATS ON LAW ENFORCEMENT** 1. Increasing volume of human rights violations evident by genocide or mass killing 2. The underprivileged gain unfair access to global mechanisms on law enforcement and security 3. Conflict between nations 4. Transnational criminal networks for drug trafficking, money laundering, terrorism, etc. **OPPORTUNITIES FOR LAW ENFORCEMENT** 1. Creation of International tribunals to deal with human rights problems. 2. Humanitarian interventions that can promote universal norms and link them to the enforcement power of states. 3. Transnational professional network and cooperation against transnational crimes. 4. Global groups for conflict monitoring and coalitions across transnational issues. **THEORIES OF COMPARATIVE POLICING** ==================================== **COMPARATIVE POLICE SYSTEM** 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 nations. Comparing Police System as well as Models of Policing could be Through the following methods: - **Safari Method** -- it is a type of research in comparative criminology wherein a researcher will visit another country for comparison purposes. - **Collaborative Method** -- one researcher will collaborate the work to a foreign researcher. - **Historical Comparative** -- most often employed by researchers, used quantitative and qualitative method (known as Historiography or Holism). - **Unpublished Works Comparison** -- single culture study and two culture study using published works. **MODELS OF POLICING ACCORDING TO STRUCTURE** - **CENTRALIZED POLICING SYSTEM** - A system wherein there is only one police force that is recognized and operates entire a certain country. - **DECENTRALIZED POLICING SYSTEM** - A police system wherein police administration and operation are independent from one state to another. It is more applicable to countries with federal government. **MODELS OF POLICING ACCORDING TO COMMAND STRUCTURE** - **TYPES OF FORCE** - If the police forces in a country is highly organized and having a centralized command, it is called **Coordinated Centralized police force.** - If the police forces in a country do not have an apparent centralized command structure, it is called "**Decentralized Command Structure.** - **NUMBER OF FORCES TO BE COMMANDED:** - **Singular model** - If the entire police force in the country is organized as a single force under a single commander. - **Multiple model** - if in a single country, there are a number of police forces. - **Multiple Coordinated** - Inside the multiple model, if the polices forces have well defined territories of functioning and their functions do not overlap each other. - **Multiple Uncoordinated** - if the case is reverse as in India, where many agencies can have overlapping jurisdictions. **MODELS OF POLICING ACCORDING TO APPROACH** - **PROBLEM-ORIENTED POLICING** - This policing model involves detectives monitoring for patterns in crime to help understand when and how crime are being committed. Once they have a pattern, they will search for ways to prevent crimes from happening. This model has more proactive stance than the traditional policing. - A global movement with American origin. It embraces an analytic approach which takes community concerns seriously while developing strategic responses that aim to deal effectively with issues underlying police relevant community problems, the origin of this method is under the work of Goldstein (1979). It incorporates an explicit conception of nature and role of Modern Policing, with officer imagination, local discretion and community resources being used where it is relevant to do so (Tilley 2003). - It stresses that substance and effectiveness over process and style, it is predominantly evidence based. Goldstein outlines several purposes of this method of policing as follows; - To prevent and control conduct which threatens life and property. - To aid victims and protect those in danger of physical harm. - To protect constitutional guarantees. - To facilitate the movement of people and vehicles. - To assist those who cannot care for themselves. - To resolve conflict between individuals, groups or citizens and their government. - To identify problems which may escalate for individuals, the police or even the government. - To create and maintain feeling of security in the community (Goldstein 1977 as stated in Scott 2000). - **INTELLIGENCE-LED POLICING MODEL** - By Sir David Philips - It originated from United Kingdom, it draws upon the notion that the police can do know a great deal about offending patterns. The Police should actively gather information about criminals and their organization (Tilley, 2003). The core emphasis are as follows: - The focus on crime alone; - The means used are enforcement and disruption of criminal groups; - The measure is aimed to reduce the problem by undermining the ability of criminals to do the business. - **REACTIVE OR TRADITIONAL POLICING** - It is a model of policing wherein police will respond when a call was received. - **PREDICTIVE POLICING** - A model of policing which includes predictive and analytical techniques in Law Enforcement to identify potential offenders. - It is the usage of mathematical predictive and analytic techniques to identify possible criminal activity. - **REASSURANCE POLICING** - It is a model of policing with the aim of identifying signals and it involves the community in solving community-related problems. It is similar to community oriented policing system. Signal crimes are those that shape the community's perception of risk from a particular type of crime during a given period. - **SCANNING, ANALYSIS, RESPONSES, ASSESSMENT (SARA)** - A type of policing which involves four steps in problem solving and decision-making process. - **Scanning** -- it involves detection of patterns of problem activities, including victims, location and types of crimes. It requires an evaluation of the problem, the perception of the problem by both law enforcement and external partners and analysis of the severity of the problem. - **Analysis** -- includes looking for the root causes of any problems or issues identified. Information gathered from variety of sources, including crime reports and community members who are directly affected by the issue. Causes of problems can include many factors, including neighborhood and community perceptions of law enforcement themselves. - Once cause was identified, law enforcement officials will work with the community to come up with and execute an appropriate, long-term response. After the **Response** is implemented, an on-going **Assessment** is required to evaluate the effectiveness of the solution and make adjustment if necessary. **SEVEN THEORIES OF COMPARATIVE CRIMINOLOGY** - **ALERTNESS TO CRIME THEORY** - Explains that people's alertness to crime is heightened so they report more crimes to the police and also demand the police to become more effective in solving crime problems. - **ECONOMIC OR MIGRATION THEORY** - Crime is a result of unrestrained migration and overpopulation in urban areas such as ghettos and slums. - **OPPORTUNITY THEORY** - Along with higher standard of living, victims become more careless of their belongings and opportunities for committing of crime multiply. - **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. - **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. - **MODENIZATION THEORY** -Sees the problem as society becoming too complex. - **ANOMIE AND SYNOMIE THEORY** - The latter being is a term referring to social cohesion on values; suggest that progressive lifestyle and norms result in the disintegration of older norms that once held people together. **THEORIES OF POLICE SERVICE** - **HOMERULE THEORY** - Policemen are servants of the community. - Effectiveness of policemen depends on the express wishes of the people. - **CONTINENTAL THEORY** - Policemen are servant of higher authority. - They just follow the wishes of top official of the government. **CONCEPTS OF POLICE SERVICE** - **CONTINENTAL/ OLD POLICING CONCEPT** - The yardstick of the efficiency of the police is determined by the number of arrests. - Punishment is the sole instrument of crime control. - **MODERN CONCEPT** - The yardstick of police efficiency is the absence or lesser occurrence of crimes. - Police omnipresence is considered as the tool or instrument in crime prevention. **OTHER CONCEPT** - **DEVIANCE CONTROL** is the modern police function which primarily involves the mission to reinforce community values and laws. This was adopted by Germany, China and Japan. - **CIVIL ORDER CONTROL** is not organizationally separated from deviance control but is performed by regular street police in the country of England and United States. **THREE STYLES OF POLICING** - **Legalistic** - It emphasizes on helping the community, as opposed to enforcing the law. - **Watchman** - It emphasizes on informal means of resolving disputes. - **Service** - It emphasizes the use of threats or actual arrests to solve disputes. **TRADITIONAL MODELS OF POLICING** - **Enforce laws** the designation of a police agency underscores the central importance of this long-accepted goal. Historically, enforcing laws has been a prime goal of policing activities. - **Preserve the peace** has been long accepted by the police as an important goal. The police have the legal authority to arrest individuals for disturbing the peace or for disorderly conduct. - **Prevent crimes** crime prevention is closely related to law enforcement and peace preservation. If the peace has been kept, crime has, in effect, been prevented. Crime prevention differs from peacekeeping and law enforcement in that it attempts to eliminate a potentially dangerous situation. - **Protect civil rights and liberties** the police are not only charged with enforcing laws, preserving peace and order, and preventing crimes. They are also expected to protect rights and liberties, as specified by the Bill of Rights. Protecting the rights and freedom of the people is perceived by some as the single most important goal of policing and law enforcement activities. - **Provides legitimate services** as society has become more complex, so are the types of services requested. Many new demands are made including giving information, intervening in domestic disputes, rendering emergency or rescue services, and controlling traffic and crowds, among others. **COMPARATIVE LAW ENFORCEMENT** =============================== As stated earlier, the examination of crime and its control in the comparative context often requires a historical perspective since the phenomena under study are seen as having developed under unique social, economic, and political structures. Hence, the method most often employed by researchers is the historical- comparative method. - **The Great Man approach** - **The historical forces approach** - **The crisis of civilization approach** - **The dialectic approach** - **The evolutionary approach** - **The geographic factors approach** - **The conflict or "who won" approach** - **The serendipity or accidental discovery approach** **SOCIETAL TYPE AND POLICE SYSTEM** There are four kinds of societies in the world: (1) folk-communal societies, which are also called primitive societies; (2) urban-commercial societies, which rely on trade as the essence of their market system; (3) urban- industrial societies, which produce most of the goods and services they need without government interference; and (4) bureaucratic societies, or modem post-industrial societies where the emphasis is upon technique or the "technologizing" of everything, with the government taking the lead. **Folk-communal society** - has little codification of law, no specialization among police, and a system of punishment that just let things go for a while without attention until things become too much, and then harsh, barbaric punishment is resorted to. Classic examples include the early Roman gentiles, African and Middle Eastern tribes, and Puritan settlements in North America. **Urban-commercial** society - has civil law (some standards and customs are written dawn), specialized police forces (some for religious offenses, others for enforcing the King's law), and punishment is inconsistent, sometimes harsh, sometimes lenient. Most of Continental Europe developed along this path. **Urban-industrial society** - not only has codified laws (statutes that prohibit) but laws that prescribe good behavior, police become specialized in how to handle property crimes, and the system of punishment is run on market principles of creating incentives and disincentives. England and the U.S. followed this positive legal path. **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 over criminalization and overcrowding. The U.S. and perhaps only eight other nations fit the bureaucratic pattern. Juvenile delinquency is a phenomenon that only occurs in a bureaucratic society. **VARIABLE AFFECTING SYSTEM COMPARISON ON POLICE SYSTEM** Many comparativists romanticize the folk-communal society for its low crime 'rates as well as the way most quarrels and conflicts are settled privately. However, folk societies are also known for "lumping it" which is the process of letting things go on longer until it's too much to tolerate anymore. Nonetheless, folk societies work very hard to avoid the over criminalization common to modem bureaucratic societies. The most frequently studied variable in comparative police system and criminal justice is *urbanization,* or the process of internal migration from the countryside to the cities. It is suspected that urbanization dissolves family ties, creates cultures of poverty, and produces a stabilized criminal underworld consisting of well-defined criminal career pathways. Also of importance are the variables of *colonization and underdevelopment,* as these processes of globalization shape underdog ideologies among exploited Third World people which come back in the form of terrorism against the more developed countries. However, an event (like urbanization or colonization) is not the cause of crime if it occurs when crime rates are falling. **TYPES OF POLICE SYSTEM** - **Fragmented Police System** This system, which is found in the United States of America, is directly attributed to the federated nature of the political system and local communities asserting their right to home rule. - **Combined Police System** This system is marked by the national and local governments cooperating and sharing in the responsibility for establishing a police service. England \'s police organization is an example of this system. - **National Centralized Police** **System** In this system, the central government creates a national police force for the community. This was originated in Rome and found in democratic countries like France as well as in some non- democratic countries. **MODERNIZATION AND COLONIZATION** The idea that technology produces common effects which tend to make all nations increasingly similar is the modernization thesis (Shelley 1981). In this view, the developing countries are destined to go through the same crime and control patterns as the developed nations have gone through. This pattern mainly involves a skyrocketing increase in property crime, the hallmark of industrial society. It also involves more female emancipation, and certain problems arise from this, not the least of which is a backlash of male violence. The implication of the modernization thesis is that developed countries, like the U.S., ought to reach out, and help developing countries manage or regulate the inevitable stages they will have to go through. Opposed to this idea is the underdevelopment, or colonization thesis (Sumner 1982) which holds that it is the more advanced, developed nations in the world which cause crime in dependent Third World nations. Corporations, for example, are allowed to pillage raw materials and resources in the Third World. Likewise, most of the developed nations do not engage in free trade. Instead, they subsidize their farmers and producers at home, prohibit the import of cheap, foreign-made products, and make the ir money by saturating foreign markets with luxury goods that create a sense of rising expectations or unreachable aspirations in the Third World. There is little debate, however, over the importance of urbanization. Comparative criminologists believe urbanization is the primary cause of violent crime in any society (Archer & Gartner 1984). When citizens migrate to the cities, kinship and community ties are broken, and a sense of anonymity and impersonality develops. Some of this impersonality is inherent to the nature of industrial and bureaucratic work, but the problem in the cities appears to be the problem of income inequality, where vast numbers of poor people live in fairly close concentration to wealthier people, or those who are on the verge of "making it" economically.