LEA-2_PRELIM.pdf

Comparative Models in Policing It is the science and art of investigating and comparing the police system of nations. It covers the study of police organizations, training and methods of policing of various nations. Comparative Police System - process of outlining the similarities and differences...

Comparative Models in Policing It is the science and art of investigating and comparing the police system of nations. It covers the study of police organizations, training and methods of policing of various nations. 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 method of policing of various nation Why we compare? a. Crime has become a global phenomenon. b. Transnational crimes cross borders and the need for bilateral international cooperation become imperative. What is Policing?  The activities carried out by police officers in order to preserve law and order the policing of public places.  The actions of a person or group in authority in order to ensure fairness and legality in an area of public life Theories in Policing System Three Styles of Policing 1. Legalistic - it emphasizes on helping the community, as opposed to enforcing the law. 2. Watchman - it emphasizes on informal means of resolving disputes. 3. Service - it emphasizes the use of threats or actual arrests to solve disputes. Theories of Comparative Policing According to Scheider (2001), the various theories that exist with empirical support are the following theories of comparative criminology: 1. Alertness to crime theory Is that as a nation develops, people’s alertness to crime is heightened, so they report more crime to police and also demand the police become more effective at solving crime problems. 2. Economic or migration theory Is that crime everywhere is the result of unrestrained migration and overpopulation in urban areas such as ghettos and slums. 3. Opportunity theory Is that along with higher standards of living, victims become more careless of their belongings, and opportunities for committing crime multiply. 4. Demographic theory Is based on the event of when a greater number of children are being born, because as these baby booms grow up, delinquent subcultures develop out of the adolescent identity crisis. 5. Deprivation theory Holds that progress comes along with rising expectations, and people at the bottom develop unrealistic expectations while people at the top don’t see themselves rising fast enough. 6. Modernization Theory It sees the problem as society becoming too complex. 7. Anomie and Synomie Theory Suggests that progressive lifestyles and norms result in the disintegration of older norms that once held people together (anomie), but in other cases, people can come together and achieve social consensus or social cohesion over values (synomie). COMMUNITY POLICING - is a philosophy that stresses working proactively in partnership with citizens to prevent crime and to solve crime-related problems.  Community policing is neither a project nor a program. It should be viewed as a culture to be practiced.  Community policing is viewed by many as a paradigm shift from the traditional to professional model of policing. COMMUNITY POLICING CONCEPTUALIZATION  The concept of community policing is now considered as second generation policing. The new paradigm or doctrine in police work requires the integration of traditional police duties and functions into life and activities of communities in the fight against crime. Community Policing is what good cops do.  It is both a philosophy and an organizational strategy that allows the police and community residents to work closely together in new ways to solve the problems of crime, fear of crime, physical and social disorders,and neighborhood decay.  It is a joint effort between the citizen and the police in addressing the local crime problems through defining their problems, getting involved in the planning of the solutions, assisting in implementing the plans and deciding if they feel their needs are being satisfied.  Therefore, crime and disorder are not only police problems, but also community problems. Communities have an obligation to work together with the police to solve these problems. Today, there is increasing recognition that partnerships with different groups is an effective way of controlling crime.  Community Policing is a proactive approach to policing in which the Police builds partnerships with other government departments (particularly, the local government), NGOs, and the community, generally, with the objectives of detecting crimes and criminals (real and potential), and addressing the roots causes of crime, as well as the fear of crime. IMPORTANCE OF COMMUNITY Sense of Community is the “glue” that binds communities to maintain order and provides the foundation for effective community action. - Involvement and Educating Citizens Social Capital - Local - bond among family members and immediate relatives, informal groups - Public - broader community groups; schools, churches, etc. Lack of Community Belongingness - Broken windows (If no one cares, disorder and crime will thrive and continue) KEY ELEMENTS The two critical key elements of community policing are: PARTNERSHIPS & PROBLEM SOLVING Core Components Effective Community Partnerships Stakeholders with a vested interest in the collaboration Trusting relationships among band between the partners Shared vision and common goal(s) Expertise Open communication Motivated partners Sufficient means to implement and sustain the collaborative effort Teamwork strategies and Action plan PROBLEM SOLVING  Problem Solving requires police to group incidents and, thereby, identify underlying causes of problems in the community.  Problem-Oriented Policing is an essential component of community policing. Three themes of Problem-Oriented Policing: INCREASED EFFECTIVENESS by attacking underlying problems that give rise to incidents that consume patrol and detective time RELIANCE ON THE EXPERTISE and creativity of line officers to study problems carefully and develop innovative solutions CLOSER INVOLVEMENT with the public to make sure that the police are addressing the needs of citizens SARA MODEL OF PROBLEM-ORIENTED POLICING The four strategies of the SARA model are: 1. Scanning – grouping individual incidents into meaningful “problems.” 2. Analyzing – collecting information from all available sources (not just police data). 3. Responding – selecting and implementing solutions. 4. Assessing – evaluating the impact of the solution. A COMMUNITY SERVICE ORIENTATION Police departments may provide a wide range of services including: Preserving community peace and safety Handling domestic disputes and civil disturbances Providing emergency services BENEFITS OF COMMUNITY POLICING  Provides stronger safer communities.  Better understanding of police limitations  Self satisfaction from solving problems.Becoming creative and innovative; problem solvers  Become familiar with people and their concerns.  Understanding community attitudes  Provision of resources and also more effective and efficient utilization of resources.  Improves communication between the community and police  Improves police accountability.  Promotes respect and observance of human rights.  Improves investments and quality of life.  Assists in intelligence led operations.  Supports vulnerable groups in society  Its an effective way for crime prevention. CHALLENGES TO COMMUNITY POLICING  Resistance Police officers Police administrators Communities  Limited resources  Changing police culture  Perception that community policing goes against aggressive law enforcement practices  Increasingly diverse population OUR CHANGING SOCIETY The increasing diversity of our population has made law enforcement more difficult. Growing Populations: Elderly Minority HIV/AIDS,TB Immigrant Disabilities Homeless Impoverished  Community policing emphasizes building relationships between police and community members.  Crime prevention is at the heart of Community policing.  Communities that are empowered and involved in crime prevention, are more willing to support the police in devising strategies, and do commit their resources to achieve solutions for identified problems.  It will ensure to set a steady and prudent course for successfully accomplishing a goal of proactive policing by providing the highest quality of police services and excellence to the community. Types of Criminal Justice System in the World (Legal Traditions in the World) 1. Common law systems – (Anglo- American Justice) - Exist in most English-speaking countries in the world (U.S.; England; Australia; and New Zealand. - Strong Adversarial System (the accused is innocent until proven guilty) - Primarily rely upon oral system of evidence in which the public trial is a main focal point. (Anglo-American - An American who was born in Britain or one whose ancestors were British) 2. Civil law systems – (Continental justice or Romano-Germanic justice) - Exist mostly in European countries such as Sweden; Germany; France; and Japan. - Distinguished by strong inquisitorial system (the accused is guilty until proven innocent). - The written is law is taken as gospel and subject to little interpretation. - Founded on the basis of natural law in respect for tradition and custom. - Always opposed to the common law notion that nobody is above the law. 3. Socialist systems – (Marxist-Leninist Justice) - Exist mostly in Africa and Asia and other Countries. - Distinguished by procedures designed to rehabilitate or retrain people into fulfilling their responsibilities to the state. (ultimate expression of positive law). - Primarily characterized by administrative law. 4. Islamic systems – (Muslim or Arabic Justice - Derive all their procedures and practices from interpretation of the Koran. - Characterized by the absence of positive law. - Given always an important emphasis on the Religion. Police System vs. Criminal Justice System - With theses influences of societal system, Police System and Criminal Justice Systems around the world varies depending on the kind of legal system. With the exceptions of Japan and the Common law notions, few countries hold their police officers accountable for violations of civil rights. - In Socialist and Islamic countries, the police hold enormous political and religious powers. In fact, in such places, crime is always seen as political crime or co- occurring religious problem. Comparative Court System 1. Inquisitorial - is a system where the detection and prosecution of offenders are not left to the initiative of private parties, but to the officials and agents of the law. Resort to use of secret inquiry to discover the culprit; violence and torture are often employed to extract confessions. The judge is not limited to the evidence broughtbefore him, but could proceed with his own inquiry, which was not confrontative. - the accused is guilty until proven innocent 2. Accusatorial (Adversarial) - is a system where the accusation is exercised by every citizen or by a member of the group to which the injured party belongs. As the action is a combat between the parties, the supposed offender has the right to be confronted by his accuser. A magistrate who renders a verdict is judges, the battle in the form of public trial. The essence of the accusatorial system is the right to be presumed innocent. To defeat this presumption, the prosecution must establish proof of guilt beyond reasonable doubt (moral certainty). - the accused is innocent until proven guilty Types of Police system 1. Decentralized Law Enforcement - refers to a system where police administrations and operations are independent from one state to another. It is more applicable to countries with federal government - police agency is the exclusive responsibility of the gov’t. of the state or provinces. -e.g. India, Pakistan, US. 2. Centralized Policing System - simply means one police force operating in a country. - one police agency which has unlimited jurisdiction throughout the country. - e.g. Chile, Indonesia, Kenya, Malaysia, Papua New Guinea, Thailand, Uganda EFFECTS OF GLOBALIZATION TO POLICE SERVICE Globalization Every nation has its own law enforcement agency called the Police. One thing is common. The police symbolize the presence of a civil body politics in everyday life; they symbolize the capacity of the state to intervene to common concern of the state for the affairs of the citizenry. It is therefore timely to discuss the connection of globalization to policing. What is Globalization? Globalization is a package of transnational flow of people, production, investment, information, ideas, and authority. - It is the growing interpenetration of states, markets, communications and ideas. - It is a process of interaction and integration among the people, companies, and governments of different nations, a process driven by international trade and investment and aided by information technology. - This process has effects on the environment, on culture, on political systems, on economic development and prosperity, and on human physical wellbeing in societies around the world. - It is a package of transnational flow of people, production, investment, information, ideas, and identity (Garcia, M.). - Is a term used to describe the changes in societies and the world economy that are the result of dramatically increased trade and cultural exchange. In specifically economic contexts, it refers almost exclusively to the effects of trade, particularly trade liberalization or “free trade” Globalization in the Philippines 1. The country is taking part in the process of globalization ever since the country signed agreements with World Trade Organization in 1995. 2. Now, globalization is very effective in the Philippines, it has allowed major changes in the nation like more labor, and more Filipino and foreign companies has emerged in the nation in order to help the country’s developing economy. Advantages of Globalization 1. Peaceful Relations - Most of the countries have resorted to trade relations with each other in order to boost their economy, leaving behind any bitter part experiences if any. 2. Employment - Considered as one of the most crucial advantages, globalization has led to the generation of numerous employment opportunities. Companies are moving toward the developing countries to acquire labor force. 3. Employment - A very critical advantage that has aided the population is the spread of education. With numerous educational institutions around the globe, one can move out from the home country for better opportunities elsewhere. 4. Product Quality - The product quality has been enhanced so as to retain the customers. Today the customers may compromise with the price range but not with the quality of the product. Low or poor quality can adversely affect consumer satisfaction. 5. Cheaper Prices - Globalization has brought in fierce competition in the market. 6. Communication - Every single information is easily accessible from almost every corner of the world. Circulation of information is no longer a tedious (lack of interest) task, and can happen in seconds. The internet has significantly affected the global economy, thereby providing direct access to information and products. 7. Transportation - Considered as the wheel of every business organization, connectivity to various parts of the world is no more a serious problem. Today with various modes of transportation available, one can conveniently deliver the products to a customer located at any part of the world. 8. GDP Increase - The measure of an economy adopted by the United States in 1991; the total market values of goods and services produced by workers and capital within a nation's borders during a given period (usually 1 year)) - Gross Domestic Product, commonly known as GDP, is the money value of the final goods and services produced within the domestic territory of the country during an accounting year. 9. Free Trade - Is a policy in which a country does not levy taxes, duties, subsidies or quota on the import/export of goods or services from other countries. There arecountries which have resolved to free trade in specific regions. This allows consumers to buy goods and services, comparatively at lower cost. 10. Travel and Tourism - Globalization has promoted tourism to great heights. International trade among different countries also helps in increasing the number of tourist that visit different places around the world. 11. External Borrowing - With the help of globalization, there is opportunity for corporate, national, and sub- national borrowers to have better access to external commercial borrowing and syndicated loans. Disadvantages of Globalization 1. Health Issues - Globalization has given rise to more health risks and presents new threats and challenges for epidemics. - The dawn of HIV/AIDS. Having its origin in the wilderness of Africa, the virus has spread like wildfire throughout the globe in no time. - Food items are also transported to various countries, and this is a matter of concern, especially in case of perishable items. 2. Loss of Culture - With large number of people moving into and out of a country, the culture takes a backseat. People may adapt to the culture of the resident country. They tend to follow the foreign culture more, forgetting their own roots. This can give rise to cultural conflicts. 3. Uneven Wealth Distribution - It is said that the rich are getting richer while the poor are getting poorer. In the real sense, globalization has not been able to reduce poverty. 4. Environment Degradation - The industrial revolution has changed the outlook of the economy. Industries are using natural resources by means of mining drilling, etc. which puts a burden on the environment. 5. Disparity (Inequality - Though globalization has opened new avenues like wider markets and employment, there still exist a disparity in the development of the economies. Structural unemployment owes to the disparity created. Developed countries are moving their factories to foreign countries where labor is cheaply available. 6. Conflicts - It has given rise to terrorism and other forms of violence. Such acts not only cause loss of human life but also huge economic losses. 7. Cut-throat Competition - Opening the doors of international trade has given birth to intense competition. This has affected the local markets dramatically. The local players thereby suffer huge losses as they lack the potential to advertise or export their products on a large scale. Therefore, the domestic markets shrink. Effects of Globalization in Law Enforcement 1. The facilitation of transnational crimes and criminals can be easily achieved. 2. There is a need for transnational policing. The cooperation among police organizations in the world is vital 3. Training instructions for incoming law enforcement officers must include advance computer to prepare them as cyber cops so they can be better prepared to deal with cyber-crimes. 4. Development of new strategies to deal with international organized crimes is a must. 5. Provisions of law enforcement with updated legislation related to modernization theories of crime. Threats of Globalization on Law Enforcement 1. Increasing volume of human rights violation 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 - While globalization brings the threats and many other threats to law enforcement, opportunities like the following are carried: 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. Effects of Globalization on Human Rights 1. The effect of globalization on the state-based human rights violations will depend on the type of state and its history. 2. In general, analysts of globalization find that states international integrationimproves security rights, but increases inequality and threatens the social rights and citizens. 3. Findings on the effectiveness of the international pressure on state human rights policy suggests that target must be structurally accessible, internationally sensitive, and contain local human rights activists for linkage.