LEA-4-prelim-Coverage-1 Lesson 1: History of Law Enforcement PDF

LESSON 1: HISTORY AND DEVELOPMENT OF LAW ENFORCEMENT ORGANIZATION Learning outcomes: At the end of the topics the student should be able to: ✓ Traced the important dates and personalities in the development of policing in the Philippines; ✓ Understand the theory and concept of police service; ✓ Identify the evolution of the Police Force in the Philippines; ✓ Explained the development of police service in the Philippines Etymology of The Word “Police” From the Greek word “Politeia” w/c means the government of the city. Roman word “Politia” means the condition of the state or government”; or French word “Police” means a person who enforced the law and it was later adopted by the English Language and it was translated in the Philippines as “Pulis”. Officer De Paix – a French term w/c is claimed to be the origin of the word Police officer Law - a set of rules made and applied by the sovereign. Authorities. This term, 'Law', has been derived from the Teutonic (relating to the ancient Teuton. (ancient German) people, or their culture) word 'Lag', which means 'Definite'. It also means 'stable Enforcement - the process of making people obey a law or rule, or making a particular situation happen or be accepted Law enforcement agencies - respond to, detect, and prevent crime. Within this perspective, it is recognized that police officers play a significant role in adapting and responding to unexpected or unknown situations, as well as recognized situations, such as theft or domestic disputes. Law Enforcement Administration - the process involved in ensuring strict. Compliance, proper obedience to laws, and related statutes. Focuses on the. The policing process is how law enforcement agencies are organized and managed in order. to achieve the goals of law enforcement most effectively, efficiently, and productively. Police - the body of officers representing the civil authority of government. Police typically are responsible for maintaining public order and safety, enforcing the law, and preventing, detecting, and investigating criminal activities. These functions are known as policing. NATURE OF POLICE OFFICE Public Servant “TO SERVE AND PROTECT” The PNP as a public service organization is also tasked to perform non-law enforcement-related activities such as civic duties during disasters and calamities, guiding motorists in the absence of traffic enforcers, pacifying domestic quarrels without resorting to apprehension, and many more activities that come to their daily routine. Police being a service-oriented agency should perform or spearhead activities to win the TRUST and CONFIDENCE of the people it serves. National in Scope The Philippine National Police as an agency is operated by the national government. Its jurisdiction covers the entire breadth of the Philippine archipelago all uniformed and non- uniformed personnel of the PNP are national government employees. Civilian in Character PNP as an organization, although it retains some military attributes such as discipline. POLICE IN THE ANCIENT TIMES BABYLONIAN PERIOD (2000 BC) – A clay tablet used by the ancient Babylonian contains a report from a Babylonian officer to his superiors notifying them that he proceeded to the man’s house as ordered, arrested him, took his fingerprints and then took control of his property. INDUS VALLEY (2000 BC) – the discovery of “watch-houses” which were used by the policemen whose duty was to patrol the streets and maintain order OLD TESTAMENT (Song of Solomon, Isaiah, and Jeremiah) and NEW TESTAMENT (Matthew and John) reference to “watchmen” whose duty is to protect the city and arrest offenders. ANCIENT EGYPTIANS – Hieroglyphics indicated that they had police officers. They had a special flag with its distinctive emblem, a gazelle with a large ostrich feather attached to its neck. - First to use POLICE DOGS on patrol - Invented the lock - “MEDJAY” – Civilian police and headed by an Egyptian military police officer. MIDDLE AGES (a period from the 5th Century A.D. to about 1350) FRANKPLEDGE – Facilitated mutual protection, a community was divided into TITHINGS or group of 10 men, each member of which is responsible for the conduct of the other members of his group and for assurance that a member charged with the breach of the law would be produced at court. This system has in some ways prevailed in the British military. If one man makes a mistake, the whole group to which he belongs is punished. ROMAN TIMES Praetorian Guard- composed of Roman soldiers or centurions carefully selected by the commander of the city under the authority of Emperor Ceasar. The Romans achieved a high level of law enforcement, which remained in effect until the decline of the empire and the onset of the Middle Ages. AUGUSTUS – just before the time of Christ, formed the “VIGILES” of Rome, a group of over 2,000 men, armed with staves and short swords, whose duty was to keep the peace and fight fires. ENGLAND Each petty kingdom is divided into shires or countries. Each shire was the responsibility of a “Reeve”, later called the Sheriff, who in turn was responsible to the King for law and order in his respective district. Each Shire is broken down into Hundreds (100 households) headed by a Hundred man, later known as High Constable. Each hundred was further broken down into Tythings (10 families) headed by a Tythingman or Chief Tythingman who was elected by the group, and later on replaced by the Constable in the 12th He served as constable and judge. Another form of police protection used at the end of this era was for each able-bodied man to serve so much time patrolling the town at night as a “Watchman.” Later, it was required that they call out the time and weather on the hour. The HUE AND CRY – It was an ancient Saxon practice that the invaders brought over to England. The horn, the oldest known warning device in history, was sounded when a person committed a crime, or a felon escaped, and it was detected. When they heard this, they raised a cry, sounded their horns, and by law had to set aside their work and join their pursuit. If they failed to join, they were considered to have taken the part of the escaping person and would be arrested. The law stated that the pursuit of the fugitive must continue until he was caught or reached the sea. KEEPERS OF THE PEACE – At the end of the 12th Century (1195), King Richard issued a proclamation entitled “Keepers of the Peace”, requiring the appointment of knights to keep the King’s Peace. Some believe that the present “shield” type badge used by some police departments had its origin in the shields the knights used. They keep guard at bridges and gates and check on people leaving and entering the town. STATUTE OF WINCHESTER (Watch and Ward Act) – Near the end of the 13th Century (1285), the Statute of Winchester enacted the system of Watch and Ward Act. A watch was stationed between sunset and sunrise at each gate of a walled town. It revived the Hue and Cry. Some watches are grouped for protection and patrolled the town in “Marching Watches”. The CHARLIES – Near the middle of the 17th Century (1663), King Charles passed an act that provided in London one thousand Night Watchmen or bellmen to be on duty from sunset to sunrise and they were called Charlies, also referred to by the local citizens as “Shiver and Shake” watch because they were often old and frail and would run off if they saw any trouble, or heard a cry for help. They carried long staves and dimly lit lanterns, and they called out the hour and weather conditions. Some were not honest and sometimes worked for criminals as lookouts. Because of this ineffectiveness, merchants hired their watchmen who were known as the “Merchant Police.” BOW STREET RUNNERS – In 1748, Henry Fielding became the Chief Magistrate at Bow Street in Middlesex, London. He organized a group of men known as the Bow Street Runners whose task was to run errands for the Bow Street Court. He later formed the Bow Street Horse Patrol whose duty was to patrol the main roads, thus, securing the travelers from highwaymen or highway bandits. According to some books, the Bow Street Runners was the first to organize foot patrol and the Bow Street Horse Patrol was the first mounted police on patrol. The METROPOLITAN POLICE – In 1829, Sir Robert Peel introduced the Metropolitan Police Act, which the English Parliament of England passed in the same year. This law led to the creation of the Metropolitan Police Force of London, this police force was later called Scotland Yard. Being the sponsor of the law, Peel became the first head of the police organization thus earning the title of “The Father of Modern Policing System.” The “New Police” by Peel was not received at first. Oftentimes, they were referred to as “Peel’s Bloody Gang,” “Blue Devils,” and “Dirty Papist.” FRANCE 16th Century – Paris had two patrols: The Citizen Night Guard; (similar to England Watchman) and the Royal Guard which was probably for the King’s protection. At this time, Saint-Louis gave the Guard a motto that is even today seen in the French police emblem, “Vigilant ut Quiescant” (He watches that they may sleep). End of 18th Century (1791) – The position of “Officers de Paix” was formed (origin of the word “Peace Officer”). First Police Organization (headed by Loius-Marie Debelleme)- In truth, the French were the first to establish a group of uniformed police officers tasked to patrol the city of Paris. This police force was called “Sergent de Ville” (servant of the city) which was organized six months earlier before the creation of the Metropolitan Police Force of London. UNITED STATES In COLONIAL TIMES – As a former colony of England, it borrowed most of the system of its country of origin. Two main trends in law enforcement were: North – Life was more urban-oriented, and the Watch or Constable system seemed to be best suited. South – Development was more rural because of agriculture; hence, the sheriff system became the trend. Other pertinent developments: Boston, 1693 – formed the first “Night Watch” Plymouth, 1634 – first constable New York (Dutch colonists), twenty years later – formed the “Rattle Watch” Philadelphia, at the turn of the century – set up a system that obligated duty where citizens served as Watchmen. American Watchmen were called “Leatherman” because they wore varnished leather hats. INTERMEDIATE PERIOD The following were key events concerning police and patrol before the modernization of the United States of America. Philadelphia, 1833 – Instituted the first daytime, paid police service New York, 1844 – Organized the first modern American police force based on the English Metropolitan Police. In the frontier, law enforcement was developed on a local level without any established rules. Enforcement was aided by the use of the old legal process “Posse Comitatus” (power of the state to summon assistance in enforcing the law). To beef up law enforcement, “Wanted Poster” and “Bounty Hunters” were used. San Francisco formed the “Committee of Vigilance” instead of established police, their motto “Fiat Justitia Ruat Coelum” (Heaven decrees, Let There Be Justice). Pendleton Act of 1833 – Established the Civil Service for Federal employees. Modern Period – This period began in the 1920s with the use of automobile patrol and voice radio communication. World War II – During the war, the following were some of the events highlighting policing in America: 1. Difficulty of getting police personnel. 2. However, since many young men joined the military police, they were stimulated to pursue careers in police work. 3. The GI Bill – required policemen to get a college education and the “New Breed” was born. POLICING DEVELOPMENTS IN THE PHILIPPINE SETTING During the PRE-SPANISH time. policing was tribal. DEVELOPMENTS IN THE POLICING SYSTEM DURING THE SPANISH REGIME The police force during the Spanish Regime was considered as part of the military system by the Spanish government. The locally organized police forces, although performing civil duties and seemingly created to maintain peace, were directly commanded by the colonial military government. Police forces organized during the Spanish regime were: CARABINEROS DE SEGURIDAD PUBLICO (Mounted Police) was organized in 1712 to carry out the policies of the Spanish government. The members were armed and considered as the mounted police. Later, they discharged the duties of a port, harbor, and river police. GUARDRILLEROS was a body of rural police organized in each town that was created by a royal decree on January 8, 1836. This police force was composed of 5% of the able-bodied male inhabitants of each town or province, and each member should serve for at least 3 years. GUARDIA CIVIL was the police organization created by another Spanish royal decree issued on February 12, 1852. It relieved the Spanish Peninsulares of their function in policing towns. The Peninsulares were the so-called town police. Guardia Civil consisted of a body of Filipino policemen organized originally in each of the provincial capitals of the central provinces of Luzon under the command of Alcalde (mayor). DEVELOPMENTS DURING THE AMERICAN OCCUPATION UNTIL WORLD WAR II BROKE OUT The first American occupation in the Philippines that came after the Filipino-American War (1898 to 1901) was followed by a period of political turmoil and social imbalance. INSULAR POLICE FORCE was established on November 30, 1890, during the Filipino-American war (1898-1901) upon the recommendation of the Philippine Commission to the Secretary of War. INSULAR CONSTABULARY was created on July 18, 1901, by Act # 175 titled “An Act Providing for the Organization and Government of an Insular Constabulary”. MANILA POLICE DEPARTMENT (MPD) was organized on July 31, 1901, by Act # 183 of the Philippine Commission. The 1st Chief of Police was Capt. George Curry, a US Army officer appointed by the TAFT COMMISSION on August 7, 1901. Capt. Columbus Piatt was the last American COP of MPD before WW II broke out. On October 3, 1901, the Insular Constabulary was changed to PHILIPPINE CONSTABULARY (PC) by Act # 255. B/Gen. Henry T. Allen was the 1st Chief of the Philippine Constabulary. He was the PC Chief from 1901 to 1907 and he was called the "Father of Constabulary" in the Philippines. The PC was manned mostly by Filipinos but officers were mostly Americans. REVISED ADMINISTRATIVE CODE OF 1917 was approved a year before World War I (August 1914 to November 1918) ended. In Section 825 of this law, stated that the Philippine Constabulary is a national police institution for preserving the peace- keeping order and enforcing the law. B/Gen. Rafael Crame became the first Filipino Chief of Police. He served as the PC Chief from 1917-1927. On January 1, 1932, Act # 3815, otherwise known as the Revised Penal Code of the Philippines took effect. This was an attempt to 'Filipinize' the Spanish-oriented codigo penal (criminal law). But what happened was that Spanish influence in criminal law was minimized and replaced by American practice. In November 1938, Act # 181 required the creation of a Bureau of Investigation. This agency was intended to reorganize the Division of Investigation from the Department of Justice. On June 19, 1947, Republic Act # 157 was enacted which created the National Bureau of Investigation (NBI) under the DOJ. The MPD introduced the bicycle patrol in 1939. DURING THE OUTBREAK OF WORLD WAR 2 Col. Torres declared Manila as an open city in 1941 when war broke out. On December 8, 1941, the first troops of the Japanese Imperial Army entered Manila. The Kempetai (Japanese military police) took Chief Torres in custody rounded the members of the MPD and ordered them to cooperate by taking the responsibility of maintaining peace and order. The MPD was renamed Metropolitan Constabulary under the supervision of the Bureau of Constabulary. These police forces were the "puppet police" of the Japanese military. On February 7, 1945, Gen. Douglas McArthur returned to the Philippines. The battle of Manila ended on March 3, 1945, which liberated the National Capital Region from Japanese control. The MPD was reconstituted and placed under American control. Marcus Ellis Jones became the Chief of Police. Trivia: Col. Antonio C. Torres – the 1st Filipino COP when Manila Police Department became an all Filipino police organization; declared Manila as an open city when World War II broke-out in 1941; during the World War II, Manila police was placed again under the American control. Col. Marcus Ellis Jones, a U.S. Provost Marshall, was named as MPD Chief of Police (COP) just after the Manila Liberation. Col. Lamberto T. Javalera was the 1st Filipino COP of MPD appointed by President Roxas under the Philippine Republic government. Isaias Alma Jose, was appointed as the first Chief of Mobile patrol of MPD by Arsenio Lacson, the first elective Mayor of Manila. POST-WAR ERA The policing approach was strongly influenced by the American system since the Philippine government was once again placed under the US (United States) supervision. On March 17, 1954, automobile patrol was introduced in Metro Manila. PRESENT PERIOD The Philippine government, through the PNP and DILG in coordination with other government agencies such as the AFP, tapped the involvement of the community in law enforcement. To site a few of these law enforcement programs which focused on policing, here are 3 programs initiated by the PNP. Integrated Patrol System (IPS) Patrol 117 Community Oriented Policing System or COPS LESSON 2: THE BASIC CONCEPT OF LAW ENFORCEMENT Learning outcomes: At the end of the lessons the student should be able to: ✓ Understand the golden rule of law enforcement; ✓ Identify some theories of patrol ✓ Identify the different perspectives of police service ✓ Explain the importance of description in police service ✓ Explain the basic component of the policing system THE GOLDEN RULES OF LAW ENFORCEMENT The golden rules of law enforcement are also regarded as the "10 COMMANDMENTS" for patrol officers. If you are a member of the patrol force, you should observe the following. 1. In the performance of duty, you shall be guided by: o 1st - absolute and uncompromising obedience to the laws of God; o 2nd - the Constitution; o 3rd - all existing laws; and o 4th - the public welfare in general, with the ultimate purpose of securing, defending, and protecting life, liberty, honor, dignity, and property (strictly in that order). 2. You shall not enforce a law by violating another law. 3. You shall uphold the law without fear, favor, reservation or indiscretion. 4. You shall not wrongfully or maliciously accuse anyone, be an instrument to any wrongdoing, nor violate human rights. 5. You shall defend the weak, shield the helpless, protect the oppressed, and assist the aggrieved without distinction or prejudice, and be it a fate to die in line of duty with honor, valor, and dignity. 6. You shall not employ excessive, unnecessary, and unreasonable force to prevent, repel, or suppress an act or omission punishable by law. 7. You shall be gallant in defeat, humble in victory, yield honorably to righteousness, and immediately acknowledge and correct a wrong humiliation or perversity. 8. You shall not disgrace the badge and uniform, nor commit any act or omission in violation of law for material gains or ulterior motives. 9. You shall always live a modest life as a true, honest, and dedicated public servant. 10. You shall always cherish, honor, and speak well of the organization and abide by the code, the corps, and the unit at all times. BASIC PATROL THEORIES To perform his duties and responsibilities, the patrol officer must apply the basic policing theories. Among the fundamental policing theories, the two theories described below seem to conflict with each other. 1. Theory of Police Omnipresence: High police visibility discourages criminals. The obvious presence of patrol officers causes criminals to stop executing whatever plans they have. 2. Low Police Profile Theory: Low police visibility increases the opportunity to apprehend criminals. The deceptive absence of police officers on patrol will let criminals believe that they will not be detected or caught if they execute their plan to commit a crime. The patrol objective based on this theory is to attract as little attention as possible while doing their patrol duties. POLICE DISCRETION Discretion is the wise use of one’s judgment, personal experience, and common sense to decide a particular situation. The police are decision-makers, and most of the decisions they make involve discretion. Discretion is part and parcel of the police's role. The policeman on the beat, or in the patrol car, makes more decisions and exercises broader discretion affecting the daily life of people every day, and to a greater extent in many respects than a judge who will ordinarily exercise in a week. No law book, no lawyer, no judge can readily tell how the police officer on the beat exercises his discretion perfectly in every one of the thousands of hour-to-hour work of a police officer. The police are trained to be self-reliant and make decisions. Most of the decisions they make involve discretion. The police exercise discretion whenever they must use their own judgment and personal experience in deciding when to act when confronted with specific situations. Should there be full enforcement of the law by the police or can selective enforcement be restored as a result of discretion? The fact of the matter is that the police do not enforce all laws all the time against all law violators. Several factors can be attributed to the lack of full, strict, or total law enforcement such as: Broadness and inflexibility of the criminal statutes Ambiguity and vagueness of the law Overcriminalization of the criminal law or too many laws The need to individualize the law in action (selective enforcement) There are major problems/issues that can arise from uncontrolled discretion. These include but are not limited to, the following. Police discretion lacks uniformity for implementation. It may be discriminatory. It fosters police corruption in victimless crimes. It converts the law into a personal instrument of social control through the so-called “sidewalk justice” or "street justice". A. THE BASIC CONCEPT OF LAW ENFORCEMENT In Western society, as in all modern societies, the enforcement of the law is vital — without some type of law enforcement, a society would eventually cease to exist. Generally speaking, the function called law enforcement is a society's formal attempt to obtain compliance with the established rules, regulations, and laws of that society. Without law enforcement, society as we know it would probably succumb to social disorder and chaos. Western societies, just like the United States, observe representative democracy which places great emphasis on the protection of individual freedoms and liberties; as such, its institutions must reflect those principles upon which the country was founded. Because the United States is predominately an open and free society — in the political sense, with freedom to disagree from region to region, state to state, and city to city about how to design and direct law enforcement and develop policy — it is common to have disagreements about how to enforce the law. Citizens in democratic societies, just like in the Philippines, have often questioned the actions of government officials. As citizens, they may not always agree with what happens on the street, in police stations, in courtrooms, in jails, or in prisons, but people possess the freedom to criticize and protest governmental actions (or inactions) because of the structure of our criminal justice system. That structure and the Constitution may occasionally appear to conflict with one another, but that may also be evidence that the system works. The debate over civil liberties and national security that has emerged since the 9/11 terrorist attacks on the United States is another example of our principles at work. Inevitably, such issues prompt us to ask 2 significant questions: 1. How can the law enforcement community function to preserve the civil liberties and freedoms that are cherished and protected by the Constitution? and 2. How do we balance our constitutional rights with public safety and national security concerns? The purpose of this lesson is to help you answer these questions by providing information about the field of law enforcement so that you have an understanding and appreciation for both its objectives and activities. Such a background is necessary for you to develop informed opinions about the field, rather than opinions based on limited knowledge and experience. Everyone has opinions; some are more informed than others. Informed persons have a foundation (facts and evidence) for their arguments and reasons for doing things, making choices, and advocating changes. Society needs informed, knowledgeable citizens who understand the field of law enforcement and its impact on social behavior. Law enforcement is one means of formally supervising human behavior to ensure that the laws and regulations of a society are followed and that there is a certain amount of security and stability in society. The enforcement of law in all of its forms (statutes, regulations, administrative codes, ordinances, zoning laws, etc.) is legally authorized by the concept of police powers, which is the government's lawful authority to enact regulations and laws related to health, safety, welfare, and morals. Police powers are carried out by the various levels of government, including the establishment and regulation of water and sewer systems, highway and transportation systems, fire protection, monetary regulatory systems, health and medical systems, park and recreation areas, general assistance to the economically deprived, and food processing. In short, police powers provide the authority for law enforcement officials to act. The process of law enforcement is a formal one sanctioned in the United States by the people (voters) through their elected governmental bodies. Of the three branches of government, the law enforcement function is the responsibility of the executive branch. Executive branch officials include the President of the country, governors at the provincial level, and mayors at the local level. These officials and their representatives use their governmental authority in the appointment of law enforcement officials and the establishment of philosophies and general policies under which they will operate. The other branches of government also affect the ability of law enforcement officials to perform their jobs. The legislative branch provides the statutory authority under which law enforcement officials operate. This authority includes the lawful right to use different levels of force to achieve law enforcement goals and objectives, and it is the authorized use of this force that sets law enforcement officials apart from other occupations. Also, the legislative branch is formally responsible for defining behavior that is to be considered criminal in a particular jurisdiction. The judicial branch of government reviews the actions of law enforcement officials according to the established rules of constitutional law, civil law, criminal procedure, and evidence. This review normally occurs during judicial proceedings, such as initial hearings, preliminary hearings, suppression of evidence hearings, and trials (civil and criminal). The judicial branch, through the review process, creates rules for how law enforcement may operate in a given context; examples include the rules of interrogation, arrest, and the use of force. B. LAW ENFORCEMENT AND POLICING The concept of law enforcement encompasses all levels (national and local) of the executive branch of government. It includes agencies that enforce administrative codes and regulations (rules of agencies) and criminal laws related to the health, public safety, and welfare of the people. A broad spectrum of officials with titles such as inspector, special agent, auditor, investigator, marshal, constable, or police officer can be found in law enforcement agencies. These officials may be employees of agencies that inspect the food supply (Department of Agriculture), investigate the causes of fires (BFP), protect abused and neglected children (DSWD), investigate criminal complaints (local law enforcement), and/or apprehend offenders (any agency with arrest authority). The term policing, on the other hand, refers to a subset of law enforcement that applies to the process of regulating the general health, safety, welfare, and morals of society as it relates to criminal behavior. The policing function in western countries (that follow the US model) is primarily observed through the operations of the criminal justice system in the prevention, detection, investigation, and prosecution of crime. The personnel affiliated with agencies who are engaged in policing functions can be referred to as law enforcement personnel; however, in the United States, police officials are a unique group of law enforcement officials because they are armed and are authorized to use coercive and physical force, under certain conditions, when carrying out their duties. They are non-military, armed, governmental personnel who are granted the authority to prevent, detect, investigate, and prosecute criminal behavior and to apprehend alleged offenders. The focus of this text is on the policing agencies of the law enforcement community. However, it must be understood that the entire law enforcement community is quite extensive. The term law enforcement also is used to describe one of the many functions within policing agencies; in fact, the local policing agency personnel normally spend less than 20—30% of their time engaged in crime-related law enforcement functions (Greene and Klockars 1991, 279). Most of their time is spent on prevention, general public service, and order maintenance functions. Today's professional police officials often do not want to emphasize their law enforcement functions; they prefer to be thought of for their service, especially the public safety functions which do not involve enforcement activities. In the United States, some states add to the confusion of terms by using the phrase "peace officer" to refer to an entire class of policing officials who generally are authorized by statutory law to make arrests and serve warrants. A sample of such statutory language for the state of Ohio. Notice that the state has 23 different types of peace officers. (It is also interesting to note that, for definitional purposes in Ohio, "sheriffs" and state troopers" are not peace officers. However, there are other statutes that describe their authority as "law enforcement officers.") As a student of the policing function, you should know that the terminology associated with police officials and their agency affiliations is important and occasionally confusing. Several terms (police powers, law enforcement, policing officials, and peace officer) have been used above and may appear to be very similar. It is essential to know that titles in the law enforcement field are important, and to know the different titles that distinguish policing officials. It does get confusing, but personnel in the law enforcement field do make these distinctions for reasons of courtesy, respect, and clarification of responsibilities. An analogy might be that most of us drive vehicles, but some insist on referring to their vehicles by name — Vios, Civic, Fortuner, Everest, Range, Hilux and so on; not all vehicles are created equal, and some people want you to know that! In this same vein, police officials are of different types and serve different jurisdictions, and may also possess different legal authority under the law. All police officials are law enforcement officers, but not all law enforcement officers are called "police." It is possible that you may encounter some police officials who are sensitive about their titles. If you plan to become an employee in the criminal justice field, it is recommended that you pay attention to titles and job classifications. Law enforcement personnel occupy unique positions in western society. They act with the authority of the state, meaning that they have been entrusted with the lawful right to enforce the law. In the United States, few people are given the authority (under certain carefully defined conditions) to use coercive force to carry out that duty. Some of these officials are uniformed (and therefore easily visible), and others are not. Regardless of the title or whether they wear a uniform or not, police officials in our society serve in a formal social control capacity. Social control is the process whereby a society encourages or enforces compliance with social norms, customs, and laws. There are various viewpoints regarding how limited or extensive this social control function should be. Let us examine in greater depth some of the aspects of the concept of social control. C. LAW ENFORCEMENT AS SOCIAL CONTROL Law enforcement is a societal function necessary for internal stability and security. Through the process of law enforcement, society exercises a form of social control of behavior, deviant or otherwise. Every society has social control mechanisms because they serve as a means of socialization, or the process of teaching the culture and norms of the society to its members. Social control mechanisms are either formal or informal. Formal mechanisms generally refer to the units of the governing authority of the country; formal social control units in the United States include the executive, legislative, and judicial components of the governmental structure at all levels of government. Informal mechanisms include family, peers, religious organizations, significant others, and so on.. For example, where should education be placed? The educational process can be considered a formal control mechanism because it is often supported (via taxes) by government institutions. What you learn in school, however, is not simply the formal curriculum, but many other things as well (such as social skills, teamwork, manners, customs, etc.). Thus, it would fit equally well as an informal mechanism. The social control mechanisms of a society do not exist in a vacuum. Social, economic, and political influences impact social control. These influences cause shifts in attitudes and values over time, in that they can cause a society to become more conservative or more liberal in its approach to controlling behavior. Social influences come mainly from the interaction between people and groups and include forces such as customs, values and religion. Economic influences refer to resources (employment, income, and inflation) and the distribution of goods and services (transportation systems and businesses). Political factors include the policy-making process (elections, legislative actions, lobbying) and its related institutions (Congress, legislatures, and city councils). As with the placement of formal and informal social control mechanisms, the influencing factors are not easily categorized into social, economic, or political ones. For example, the factor of "poverty" is listed in all three categories. Is poverty a social condition? Is it an economic one? What influence do politics and public policy have on poverty? You could persuasively argue each of these positions, and there is validity to each. Likewise, "terrorism" is listed under political influences, but doesn't it also influence social and economic issues? Social control issues raise several questions for law enforcement. How much of a role should policing have in the social control function in society? Should there be greater emphasis placed on formal control mechanisms, that is, the government's influence on controlling behavior? Or should the informal control mechanism be emphasized for guiding and influencing behavior? Ultimately, the question becomes one of how much influence the police should have on controlling people's behavior. A person who believes that the police should not have much of a role in controlling societal behavior would probably believe that there should be greater emphasis placed on the informal mechanisms (e.g., family, church, peer group), while one who believes the police should play an active role in controlling social behavior may emphasize tough policing measures to control behavior and greater use of the courts and formal punishments to influence behavior. Let us examine four common perspectives (viewpoints) to social control and their impact on policing in the United States. These perspectives are important because they reflect the diversity of ideas and beliefs of how our government agencies should function. They reflect how citizens view crime and influence government policies related to preventing and controlling criminal behavior. D. FOUR PERSPECTIVES TO LAW ENFORCEMENT There are several ways to view the world in which we live. Some people take a narrow viewpoint of certain issues, while others take a broader approach in perceiving situations. For example, in a verbal description about the design of a building, the architect may have one mental image or perspective, the builder a different one, and the prospective resident yet another. The architect may be concerned about how the building "fits" into the land-scape or with the surrounding buildings. The builder is possibly thinking about cost and what types of materials are to be used. The resident could be concerned about the location of internal features, the size of rooms, utilities costs, and how soon it can be built. Each viewpoint is valid in and of itself, but the focus of the discussion can become very confusing if the three persons do not attempt to see the other person's approach to the building. In this example, a comprehensive set of blueprints and architectural drawings could help each person better perceive the others' concerns. In the following discussion, various approaches to viewing the field of law enforcement are presented. If a person is an advocate of one of these approaches and is discussing law enforcement with a person who holds a different viewpoint, there could be confusion or heated debate. The purpose here is to increase your understanding of each approach to help you reduce confusion and conflict over issues in policing, as sometimes situations are improved when one can see the other person's point of view. It must be remembered that these approaches are not independent of one another; occasionally some aspects overlap with other perspectives. It is also possible that a person can hold one perspective on a particular issue and a different perspective on another issue. 1.The Legal Perspective One common approach to policing is that "the law is the law." The legal perspective is an approach that views behavior from a rule-based philosophy, in that the law is paramount and it is the guide for behavior that everyone must follow. Strong advocates of crime control and severe punishment for infractions often adopt this perspective. While there is merit in holding the law in high regard, one must be careful to evaluate a particular law's purpose and whether it is too restrictive. The legalistic approach is evident when someone says, "There should be a law against that." The person is implying that making the behavior a crime will stop people from doing it, or at least allow the authorities to intervene. In this perspective, police officials are placed in an awkward position, since they have sworn to enforce the laws of the nation and the state. They know that if they strictly enforce the law, many, many people would be arrested or given summonses; therefore, these officials must evaluate behavior in terms of "the letter of the law" and "the spirit of the law." If the letter of the law is adhered to, then any violation of the law results in official intervention by the police. If the spirit of the law is followed, degrees of seriousness and contextual factors may be considered. Some laws may not be enforced at all, and some people who non-flagrantly violate the law may be handled informally (e.g., verbal reprimand, warnings) or with no intervention at all. This evaluative process leads to the use of discretion and selective enforcement. Discretion is the process of making a choice among appropriate alternative courses of action. Although most state codes do not give peace officers the lawful right to use discretion, it has been professionally and judicially acknowledged. The police simply cannot enforce every law that has been enacted; selective enforcement refers to enforcing those laws deemed appropriate to the situation or related to the priorities of the agency and the community. The opposite of selective enforcement, full enforcement, is enforcing all laws all the time, which, again, is not possible. One major drawback of the legal perspective is the belief that simply passing and enforcing criminal laws can solve most social control problems. A type of full enforcement directed toward certain problems, such as gang, drug, or traffic offenses, is called zero tolerance. It is exemplified when officers use every violation for justification to intervene in situations. It often occurs for targeted problem areas (driving under the influence) or types of offenses within a jurisdiction (gun violence). The empirical evidence, to date, fails to support this approach except in limited and rare circumstances, such as "hot spot" enforcement with directed patrols (Mazerolle et al. 2000), and if the efforts are not maintained after the initial implementation, the targeted problem usually resurfaces shortly after the zero-tolerance approach goes away. Some recent studies related to school discipline and violence indicate ineffective results from current zero-tolerance policies (American Psychological Association Zero Tolerance Task Force 2008; McNeal and Dunbar 2010). 2. The Public Policy Perspective Public policy, broadly defined, is made up of the rules and regulations legislative bodies and agencies choose to establish. For example, if drug or spousal abuse requires regulation, a city council or state legislature may pass a law or an ordinance regarding domestic violence and drug dealing. Similarly, a bill might be passed to provide counseling for those charged with spousal abuse or drug use. Both of these actions are examples of public policy developed to address societal problems (Cochran and Malone 1995). This approach is similar to the legal approach we just discussed; however, greater emphasis is placed on the political process and on internal agency operations in the public policy approach. Policy also is established in administrative organizations such as law enforcement agencies. A departmental policy regarding citizen complaints might set out the procedure for reviewing a complaint and detail the possible alternative solutions. Policy can also be made simply by consistently doing something in a particular way. For example, some police departments may tend to avoid domestic violence arrests or ignore concealed weapons found on citizens who have no criminal record. In both cases, a policy has been constructed and followed, even if it is not written. Using a public policy approach to study law enforcement is important for a number of reasons. First, as the field of law enforcement evolves and becomes more proactive in community problems, more policy will be made at the department level. (A proactive response to problems is one that anticipates potential problems and tries to prevent the worst consequences from occurring.) Second, legislative enforcement managers may negative assistance in enacting policy because of current legal restrictions or because they lack the proper authority. Therefore, it is important to understand the political nature of the policy-making process and the importance of defending or justifying a policy in an appropriate manner. Formal policy making at the agency level is a function of the executive team. The chief of police, or the police department/division head is generally the final authority on policy (although it might be a safety director or city manager). Policy cannot be made without considering internal procedure and management, legal and political influences, and community expectations. Internal management issues might include union reactions, current contract language, and officer morale or resistance. Community expectations might come from meetings held with civic groups or from public meetings on selected issues (e.g., curfew enforcement, treatment of juveniles, or rumors of a growing gang influence). Political influences can relate to local politics and the campaign promises of elected officials who have some influence over the department's budget. Other forces that impact policy development and evaluation are pending litigation over the actions taken by officers and severe fiscal problems that may cause layoffs or a cut in agency services (Gilmour and Halley, 1994). Establishing policy within an agency is a three-step process. The first step is the identification of the need for policy. This often becomes apparent when things do not function properly or serious problems have developed, such as an officer who used deadly force when not authorized to do so. However, identification of policy needs also occurs during agency evaluations and reviews of existing policies when compared to model (suggested) policy. The professional literature and associations often publish the experiences of other agencies in terms of policy. The second step involves implementation, or putting the policy into action. Obviously, this relates to how the written word is translated into practice by the persons affected; this means that policy must be properly interpreted, conveyed, and practiced by the agency s personnel. This often involves meetings and training sessions to explain the policy, its rationale, and significance. Policy implementation is a complex interaction of organizational and environmental variables, and frequently policies will fail not because they were bad policies, but because they were poorly implemented. This is particularly true in the justice system inasmuch as there are so many different institutions with an interest in policy outcomes (Lemley and Russell 2002). The third step in establishing policy is evaluation. In the current law enforcement environment, it is critical to evaluate the effectiveness of all law enforcement policies to ensure that the anticipated improvements have actually occurred. Policy effectiveness can be evaluated through periodic assessment of officer performance, critical incidents, threatened litigation, selected agency measures, and current vulnerability. For example, the policy under Tennessee law prior to 1985 permitted police officers to fire upon fleeing suspects regardless of the threat the suspect posed to officers or others. In Tennessee v. Garner (471 US l), the United States Supreme Court struck down the policy, setting a common law "defense of self or others" when facing an "imminent threat" as the new standard. Subsequent analysis demonstrated that these changes caused the Memphis Police Department to substantially alter its behavior in regard to officer-involved shootings (Sparger and Giacopassi, 1992). It should be noted that the evaluation process also leads to the identification of weaknesses and needs for future policy; therefore, the process becomes cyclical and permits continuous updating of policy. Each aspect of policymaking — identification, implementation, and evaluation—must be understood for an agency to function effectively as we enter the next century (Fischer 1995). 3. The Systems Perspective Law enforcement can also be viewed from the context of systems theory. This approach views the entire context (environment) in which an issue exists by analyzing all the forces or influences (or drivers) impacting on it; in other words, law enforcement or a particular agency is perceived by analyzing all the influences upon it from the environment in which it operates. Systems theory is more easily understood if one understands the concept of subsystems. As an example, let us consider a person sitting at home in an air-conditioned room. If the focus of discussion is on the person's body, we could use systems theory to examine the situation. The body itself is made up of subsystems—the nervous subsystem, the respiratory subsystem, the cardiovascular subsystem, the skeletal subsystem, and the digestive subsystem, for example. When all of the subsystems function properly, the body as a whole function well. But, if something affects one subsystem, it can impact the others. If some external force frightens the person, say a bolt of lightning striking the tree outside the room, various subsystems can be affected: fright causes the heart to beat faster, breathing may become shallow and rapid, digestive juices are released by the nervous system, and the stomach may become upset, or the sudden jolt and noise may additionally cause the body to jump or swing around quickly, bumping into a table and breaking a finger bone, causing pain. The subsystems are interconnected, and their functions impact the others. In organization theory, the "biological model" is often employed to compare organizational functioning with that of a biological system, such as the ecosystem or the human body. In this regard, internal and external influences are all considered, producing a much more robust and complete view of organizational functioning in the real world. In this example, the systems theory approach would describe the person's body and the immediate surroundings of the room and house as the "environment." This approach attempts to consider the forces or influences of the environment and their impact upon the entity or issue being considered. Taking a systems perspective to the earlier discussion of social control and its influences would mean viewing each factor as having a possible impact on the others as well as an impact on social control. In other words, the various types of social control and the different types of social, economic, and political influences that impact it are interrelated. The best symbol to illustrate the systems approach is that of the atom. The nucleus becomes the issue being considered (e.g., the concept of social control or the police agency as an organization), and the orbiting electrons and their paths become the factors that influence the issue being discussed. Figure 3 is a systems approach illustration of the concept of social control with its various influence subsystems, and Figure 4 is a systems representation of a law enforcement agency with its various subsystems in today's society. All of the subsystems interrelate and influence each other. When applying this model to policing, try to think of the illustrations as three-dimension Viewing law enforcement from a systems perspective is important because it ensures that we consider the impact and influence of other environmental forces in our society. It assists in understanding the impact and possible implications of decisions and to anticipate their impact on other subsystems. We say that, in a systems approach, everything affects everything else. It is a view that makes one consider issues that otherwise might be overlooked. In short, the systems approach assists in analyzing issues from a broader perspective, one in which the agency is just one entity (subsystem) among many in the total environment. In this example, the total environment includes several city officials such as the mayor, law director or prosecutor, council members, the fire department, ambulance/medical services, and the city services director. 4. The Global Perspective (or Extended Systems Approach) The global perspective is an extension of the systems approach. In addition to recognizing the immediate environmental influences, it gives significant recognition to world events and the international influences upon the agency. The instability of a government can causes problems for other countries. Many great societies and nations have risen and fallen during the last 3000 years. The global approach is very similar to the systems perspective in that it views the situation in terms of outside forces and environmental impact. The major difference between the two is that the global approach places primary focus on the international influences on the field of policing. The federal law enforcement community, without doubt, is more involved and concerned with the global approach than are local police, but this approach is important to all US law enforcement officials because they must be alert for possible trouble in the United States because of situations in foreign countries. Terrorist activities are no longer confined to other countries, as witnessed by the 9/11 attacks in the United States. Immediately following the attacks, many US agencies assigned additional personnel to protect Muslim neighborhoods, businesses, and mosques. Other examples of international incidents include the bombing of Pan Am flight 103, returning to the United States from Europe in 1988, killing 270, and the 1993 bombing of the World Trade Center in New York City that killed six and injured more than 1,000. On March 29, 2010, two female suicide bombers killed 38 passengers in two attacks, timed 30 minutes apart, on the Moscow subway system; US transit systems were put on high alert and passengers on New York City and Washington, DC subway systems were subject to random inspections (CBS/AP 2010). Alerts also were triggered by an attack on a train in Spain in 2004 that killed 191 people, and by four attacks on the London subway system in July 2005 that killed 52. These kinds of events have increased the cautionary measures law enforcement must take to protect national security and local public safety. For example, since 9/11, the Transportation Security Agency has replaced private screeners at airports, the Department of Homeland Security was created, and the number of FBI/state/local joint terrorism task forces has risen from 34 to 106 (US Department of Justice 2010). The global approach to social control realizes that law enforcement is a global challenge and is impacted by global events. While most law enforcement personnel in the United States are probably not affected greatly by global events, more have been affected in the last decade than in previous decades. The professional law enforcement officer understands the importance of world events and their possible impact on policing domestically. The global approach to social control realizes that law enforcement is a global challenge and is impacted by global events. While most law enforcement personnel in the United States are probably not affected greatly by global events, more have been affected in the last decade than in previous decades. The professional law enforcement officer understands the importance of world events and their possible impact on policing domestically. E. THE PERSPECTIVE OF THIS LESSON The field of law enforcement is one component of the process of social control. The focus of this text is on crime-related law enforcement services provided by those agencies commonly referred to as the police. The approach taken in our presentation is primarily the systems approach, which encompasses all the forces or influences in society that impact policing. Among those influences are issues related to politics, public policy, social trends, international events, and national issues. The text describes the background of the field of policing: where it has been, where it is now, and where future challenges remain. Basic elements of management and organizational principles are also included. The chapters that follow should be viewed from a systems perspective. For example, the history of policing influences present-day mindsets; it affects public policy, and it helps shape our culture. Law enforcement was first formed during the emergence of political influence in the administration of governmental affairs. Police from the 1830s to the early 1900s were brutal, untrained, and politically controlled. In reaction to that, policing organizations became more professional and more separated from communities, and this produced its own set of problems in the 1960s. The result was the reform movement now known as the "community era," which involved community policing, problem-oriented policing, and similar themes. These changes influenced the design of organizations and their relationship with the surrounding environment. Those structures and external political forces influence the selection and training of law enforcement personnel and help to further influence the internal cultures of organizations. History, culture, and politics influence our legal mechanisms that place limitations on the policing community. All of the social, economic, and political forces within our complex society affect the type of policing services delivered to the public, and these forces shape future challenges and influence the professionalism of law enforcement personnel. Everything affects everything else; nothing is simple in today's society. This may sound either too simplistic or complex. Organizations are not isolated from financial crises (e.g., loss of a major employer in the community), political events (e.g., a police shooting and subsequent calls for reform), or social change (e.g., patterns of migration and immigration). The list of potential sources of influence is endless, requiring the United States to have a global and systemic perspective. LESSON 3: PATROL ORGANIZATION AND OPERATIONS Learning outcomes: At the end of the lessons the student should be able to: ✓ Defined Patrol ✓ Trace the origin and theories of patrol ✓ Understand the goals and objectives of the Patrol ✓ Understand the factors and hazards affecting the effectiveness of patrol ✓ Identify and explain the different types of patrol DEFINITION OF "PATROL" There are more or less two basic connotations of the term patrol. 1. Patrol may refer to the regular tour made by a guard in a place to protect it or to maintain order. 2. Patrol could mean a person or a group (such as a police or military unit) sent to carry out a tour of duty in a certain place with a particular mission either for reconnaissance purposes or simply to provide protection. ORIGIN OF PATROL Originated directly or via the German word Patrolla, from the French word Patrouller (to walk through the mud of a military camp) It is an indispensable service that plays a leading role in the accomplishment of the police purpose. Is the backbone or nucleus of the police service. The most visible form of activity Single largest unit PATROL GOAL AND OBJECTIVES The primary goal of the patrol unit is "maintain order and protect life and property". These are among the most basic roles of the government. Hence, the government created or established a police force to perform these activities. The objectives of the patrol unit are the following. 1. Preventing crimes: The police attempt to prevent crime by trying to create a sense of omnipresence through routine patrol; responding to calls by citizens with problems that may cause crime; and establishing and participating in police-citizens partnerships designed to prevent crime. 2. Arresting and prosecuting offenders: Arresting offenders and assisting prosecutors in bringing charges against defendants is one of the primary methods used by the police to maintain order and protect life and property. 3. Recovering stolen and missing property: When people find property on the street, they generally bring it to a police officer or a police station. When people lose property, they generally go to the police station in the hopes that someone has turned it in. Besides all of their other duties then, the police serve as society’s foremost lost and found department. 4. Assisting the sick and injured: Because they are available seven days a week and 24 hours a day and because they are highly mobile, the police generally are the closest government agency to any problem. 5. Enforcing non-criminal regulations: When government offices close, the police become roving representatives of the government who assist people with problems no one else is available to handle. When lights go off in an apartment building, the water main breaks and people call the police. 6. Delivering services not available elsewhere in the community: The police respond and take whatever actions they can to ameliorate problems and deal with emergencies. They direct traffic, evacuate residents, and decide whom to call for assistance. Because of the diverse activities performed by the police, particularly the patrol unit in their daily contact with the public, their responsibilities are categorized into two, namely: 1. law enforcement (this embraces crime prevention and crime control role, including the customary police functions) 2. Order maintenance (peacekeeping on community service role or social services) Sometimes, while performing a mediator’s role in a family squabble, the responding patrol officers may subsequently take police actions if: 1. the family dispute involves a felony; 2. an offense is committed in the presence of a police officer; or 3. self-defense is necessary on the part of the police officer. Why do citizens usually call first the police when a social problem occurs? Traditionally speaking, these are the reasons. Because the police are: 1. constantly available when needed; 2. dependable when called upon; and 3. capable of providing advice to decide/settle interpersonal conflicts. Thus, there are 2 broad duties of police officers while on patrol. 1. Provide public protection through: o preventive enforcement – progressive and continuous patrolling o selective enforcement – research and investigation 2. Render social services o information services o police escort o assisting other agencies o serving court notices (warrants) A. COMPOSITION OF POLICE DEPARTMENT Most criminology students have an ambition of becoming a member of the police organization someday. As police officers, later on, you should be familiar with the various police units where you can be assigned. In your earlier courses, you have studied this course - "Police Organization and Administration" and you have focused on a particular police force which is the PNP (Philippine National Police). However, other police organizations are operating in our country aside from the PNP. Every department under the executive branch of our government has some sort of police unit tasked to enforce the laws assigned to that department to enforce. Going back to the primary law enforcement agency in our country, you know already that it has a national office and local offices. There are police officers assigned in the urban areas and rural areas as well. Police offices in the city and municipal level are often called police stations. Some police stations have complex organizations while others have simple organizations. Police stations/offices in metropolitan areas are considered large and complex organizations while those in rural areas are usually small police forces with very simple structures. But whether a police office is large or small or has a complex organization or a simple one, it should be able to perform the basic police functions. B. THE CONCEPT OF POLICE PATROL Patrol is the backbone of the police force/department because of the following reasons: First of all, it is the basic police unit that cannot be eliminated. All other divisions of the police department may, if necessary, be eliminated. Patrol officers can, and have, assumed the duties of other police elements in times of financial crises requiring agency cutbacks. The patrol officer is the primary representative of the police department. The majority of contact between the public and police occurs between the citizens and the patrol officers. The first and foremost police element is patrol; all other units exist to augment and support this function. This is the only police element to be distributed in a geographic manner calculated to provide rapid service anywhere in the jurisdiction. Patrol provides the initial response for every event requiring police presence; whether this is a major crime, serious injury, or minor civil disturbance. The patrol officer is the only member of the police force to be involved in practically every incident calling for police action. IMPORTANCE OF THE PATROL FORCE The patrol unit is an indispensable component of every police department. The following statements give justification for the importance of police patrol: 1. Patrol is the essence of police operations. 2. The patrol force is the single largest unit within the police organization. 3. Actions of the patrol officers have the most direct impact on the citizen’s satisfaction and the accomplishment of police goals and objectives. 4. Patrol operation is the most visible form of police activity that enhances the welfare and security of the community. 5. Individual patrol officers represent the police department in its contact with the community. 6. Individual patrol officers play a major role in determining the quality of justice in a given community. Errors made by patrolmen have a significant negative effect on the public’s perception and the other components of the CJS. 7. The patrol officer is the most important human element of the police organization since all police field operations are supported by the patrol activity. As emphasized by statements 3-6, patrol officers have a delicate role as members of the police department. Their attitude, decisions, and actions are the reflection of their organization. Out of 100 personnel in one police department, if 1 or 2 patrol officers behave badly, the whole police department will be seen by the public as a bad organization. Hence, every patrol officer should exercise the so-called "police discretion. FACTORS AFFECTING PATROL OPERATIONS 1. Factor affecting operation external and internal a. External factors: ▪ trust and confidence of the people ▪ participation of the public in patrol activities ▪ support of the barangay officials b. Internal factors ▪ higher pay ▪ endorsement by higher authorities 2. Factors influencing decision-making at an operational level Operational-level decision-makers judgments are governed by the same kinds of influences that affect the decisions of higher-level administrators. But, because officers operate within a much smaller political sphere, they find their relationships with the more limited community potentially more intense. The reciprocal impact of both the officer and the community becomes clearer. It is easier to “bargain” within these more intimate relationships. a. Community input: If citizens do not report crimes to the police or summon an officer when service is needed, police will intervene only in those situations that they observe. Witnesses and victims who do not cooperate with the police limit police discretion. A common reason why citizen does not report auto accidents or burglaries to the police is that their insurance might be canceled or their rate increased if the report is made. Conversely, they might report if they believe such report is necessary for them to collect the insurance. The relationship between the victim and offender and the attitude of the citizen toward police also have a great influence on the willingness of the citizen to report. In a sense, the community members express their expectations of police in their interactions with them…. The clearer the statement, the better police can structure their discretion to meet the community’s needs. b. Situational factors: Several studies have found specific situational factors to be influential in discretionary decision-making. Major factors include the attitude and appearance of the offender, and political factors such as community attitudes, pressures, and biases. Another important factor is, whether the situation is on view (one that the officer has been and in which he or she intervenes without invitation) or, is one to which the officer was summoned by citizens. c. Environmental factors ▪ personal values ▪ pressure on police supervisors and peers ▪ Personal perception of what alternatives to assess are available An officer who grew up in a conservative environment may find decision-making in a liberal environment uncomfortable. Routinely, the officers will be required to “assess” cultural and social engineers at the moment, in his discussion of police use of deadly force, points to an apparent correlation between attitudes toward violence in a community and the use of deadly force. Where high rates of police violence existed, he found high rates of the citizens against police violence also. c. Educational and experiential factors: College-educated police recruits were slightly more likely to choose alternatives to arrest. Their findings suggest that education does have some effect on discretionary decision-making. OCCUPATIONAL HAZARDS Occupational hazards affecting members of the police organization are also known as LAW ENFORCEMENT HAZARDS or POLICE HAZARDS. A career in law enforcement can be exciting, challenging, and rewarding for people who are oriented and committed to public service. Yet it can be devastating for those who are not prepared for its rigors. Thousands of dedicated, well- meaning people who thought that police work was the career for which they were destined have discovered that the mental, physical, social, or economic costs of continuing such a career were too high. Many others have perished within the field but at considerable expense on their part and that of others. Law enforcement is a hazardous craft that requires strong, caring individuals who can deal consistently with stressful situations. Over time, the impact of the dangers and stressors inherent in policing affect individual police officers differently. Some, perhaps most, go through their entire careers without suffering personally in any unusual or specific way. For other potential appears to take a special toll on their lives. The sense of community isolation, the potential dangers, and the unique lifestyle all seem to work together to affect adversely certain officer’s physical, mental, and social well-being. Various occupational hazards encountered by police officers can be categorized into 5 types - physical, psychological, physiological, social, and economic. OCCUPATIONAL HAZARDS Occupational hazards affecting members of the police organization are also known as LAW ENFORCEMENT HAZARDS or POLICE HAZARDS. A career in law enforcement can be exciting, challenging, and rewarding for people who are oriented and committed to public service. Yet it can be devastating for those who are not prepared for its rigors. Thousands of dedicated, well- meaning people who thought that police work was the career for which they were destined have discovered that the mental, physical, social, or economic costs of continuing such a career were too high. Many others have perished within the field but at considerable expense on their part and that of others. Law enforcement is a hazardous craft that requires strong, caring individuals who can deal consistently with stressful situations. Over time, the impact of the dangers and stressors inherent in policing affect individual police officers differently. Some, perhaps most, go through their entire careers without suffering personally in any unusual or specific way. For other potential appears to take a special toll on their lives. The sense of community isolation, the potential dangers, and the unique lifestyle all seem to work together to affect adversely certain officer’s physical, mental, and social well-being. Various occupational hazards encountered by police officers can be categorized into 5 types - physical, psychological, physiological, social, and economic. 1. Physical Hazards Violence: Danger is an inherent part of police work, and this danger is reinforced by the element of authority. Police are required to enforce laws, laws that are many times either more conservative or more liberal than the area or person against whom it is being enforced. Police officers are always interacting with people in moments of crisis. Thus, more often than not, the police are perceived more as adversaries than as friends. The threat of death and injury due to violence as well as the physiological impact of possibly having to cause death or injury to others is a fact with which law enforcement officers must content. The keys to coping with these hazards are personnel selection and training. Accidents: Law enforcement officers have about an equal potential to lose their lives due to accidents as due to homicide. Automobile accidents, motorcycle accidents, aircraft crashes, being struck by vehicles, accidental shootings, falls, and drowning, tend to be the most common causes of accidental deaths among officers. Contagious disease: During the latter half of the twentieth century, police officers had relatively little to fear from contagious diseases. Among the top infectious diseases are chickenpox, flu (influenza), and herpes, (Links to an external site.)HIV/AIDS, human papillomavirus (Links to an external site.) (HPV), mumps (Links to an external site.), measles, viral hepatitis, viral meningitis, and viral pneumonia. COVID-19 is a more recent form of viral infection that has many similarities with pneumonia since it attacks primarily the human respiratory system. 2. Psychological Hazards Historically, many people believed that policing attracted persons with a propensity towards authoritarianism and cynicism – those with a specific police personality. Research suggests that there is no specific personality: rather, the socialization process in becoming a police officer creates a working personality that the police officer uses in the performance of the job. The working personality and the accompanying sense of isolation are the result of conditions inherent in the practice of police work. Another aspect of the police personality is the concept of cynicism. This is the belief that all people are motivated by selfishness and evil. Unfortunately, after years of seeing humanity as its worst, many police officers subscribe to it. Cynicism becomes an emotional plank deeply entrenched in the ethos of the police world, and it serves equally well for attack or defense. For many reasons, police are particularly vulnerable to cynicism. Emotional Distress: Due to the hazards that are inherent in law enforcement, all officers will, on occasion, experience emotional distress. Although other occupations may be far more dangerous, the constant exposure to stressful stimuli makes policing one of the most difficult occupations. The threat of violent death and injury, the constant exposure to human tragedies, the responsibility for others, the feelings of alienation and helplessness, the demands of shifts work, the limited career opportunities, and the lack of input in administrative decision making, all combine to create stress for even the most stable well-adjusted persons. It is of vital importance that law enforcement administrators and employees realize the source and consequences of stress before officers can learn to cope with the stress that is inherent in policing, they must be taught to overcome the “John Wayne mentality", which means the police refuse to acknowledge any weakness. Once officers have learned to acknowledge the existence of stress, they can be taught how to identify and neutralize those stressors with which they as individuals must contend. Mental Illness. If the distress is not dealt with appropriately, it may escalate into behavior that, threatens the welfare of the officer and/or others. The individual officer may suffer from relatively mild emotional disturbances, which require only counseling and reassurance, or she/he may be plagued by severe mental disorders that are career or even life-threatening. Law enforcement agencies must not only have assistance programs designed to help officers contend with emotional distress but must also develop strategies to aid those for whom problems become too severe for continued police service. Medical pensions, extended health coverage, and family support services are only fair for those who have paid too high a price for their police careers. Suicide: Being a police officer also increases one’s risk of falling victim to suicide. Preliminary suicides appear to identify higher levels of suicides among police officers than among other professionals or occupations. Given the general nature of police work, many officers who feel suicidal are either afraid or have no one to turn to in discussing their feelings. This leads to an even greater sense of isolation, with many believing that suicide is the only way out. Substance abuse that leads to psychological dependency: Police administrators frequently report that alcohol is a severe problem with officers and often report the existence of alcohol- related problems. The use and abuse of alcohol among police officers is one way of coping with the problems inherent in the job. Although alcohol is the “drug of choice” among police officers, caffeine and nicotine are also extremely popular. It is not unusual for officers to drink several cups of coffee, glasses of tea, or soft drinks during their workday. Similarly, many officers use tobacco products while on duty. In addition to being chemically addictive, these drugs are also psychologically addictive, in that they often develop as a means of killing time during periods of tedium. 3. Physiological hazards Substance abuse leading to physical dependency: The impact of drugs and alcohol is even more devastating physically than psychologically. All too frequently, casual use of such substances leads to chemical dependency. Social users of tobacco, alcohol, or narcotics now find themselves in constant need of that particular drug to “get by.” This addiction results not only in social difficulties but can become life-threatening. Physical health deterioration: In addition to substance abuse, several other physical hazards exist for police officers. Stress, poor nutrition, and lack of exercise also contribute to poor physical health. Terry 1981 has documented numerous physiological effects of police stress. Some of these problems include headaches, indigestion, ulcers, lower back pain, and high blood pressure. In addition, Norveil, Belles, and Hughes (1988) have found that police officers have a higher risk of mortality associated with cancer, diabetes, and heart disease than non-police. A strong relationship exists between job-related stress and physical illness. 4. Social hazards Isolation from the public: One of the difficult aspects of policing is the sense of isolation from the community. Perhaps this is endemic to law enforcement given the nature of the job. In addition to enforcing unpopular or at the very least nonconsensual laws, police are required to be suspicious. Required to ask questions, to demand answers, “to proceed forcefully against all appearance of transgression…..to penetrate the appearance of innocence... to discover craftiness.“ Isolation from the family: All too often, policing becomes a disruptive influence for the family. The potential for danger, the authoritarian nature of the job, the round-the-clock shifts and constantly changing shifts, and accommodations that must be made in family life all work together to increase tension in the law enforcement family. As a result, many believe that marital problems are endemic to law enforcement. 5. Economic hazards Salary limitations: If one’s goal is to accumulate great wealth, he/she should not become a law enforcement officer. Despite their education, training, and professionalism, unless they rise to top administrative positions, become corrupt, or win the lottery, they will experience a lower- middle-class existence. Career limitations: Everyone cannot become the chief of police in a large metropolitan agency. Nor will all those who wish to become supervisor does so. Whether one’s career is successful depends on how one defines success. Many officers who have spent their entire careers as patrol officers in small or midsized law enforcement agencies are rightfully proud of their accomplishments. Similarly, there are many frustrated persons (at all ranks and levels of policing) who feel that they never received a fair chance. Liability issues: Failure to act in a manner that is felt to be consistent with proper law enforcement procedures could result in a minor reprimand. More serious violations could result in more severe disciplinary actions, such as suspensions, compulsory transfer, demotions, or even terminations. Violations that are felt to have infringed on the legal rights of others could result in costly civil litigation at the state level. Violations thought to constitute criminal actions could result in arrest, conviction, and imprisonment. Whether officers are convicted or subsequently acquitted of all charges, the economic impact of legal costs and career damages can be devastating to both the officers and their families. FUNDAMENTAL THEORIES OF PATROL 1. Theory of Police Omnipresence- high police visibility discourages would-be criminals. This theory applies the principle of overt operation. 2. Low profile Theory Increases the opportunity to apprehend criminals. The deceptive absence of police officers will let criminals believe that they will not be caught. The principle of covert operation is integrated in this theory. a. Decoy Patrol- a police officer is Disguised as a potential crime victim and placed in an area where he or she is likely to be victimized. FUNDAMENTAL OBJECTIVES OF POLICE PATROL 1. Preventive Enforcement- Preventive enforcement falls under the heading of protection and involves the prevention of crime through the noticeable presence of police vehicles and personnel. 2. Selective Enforcement - Even though our present patrol division, is extremely mobile, it cannot completely cover all the area or beat assigned to its patrol units. 3. Traffic Enforcement ROLE OF PATROL Patrol Officers are the most important human element of the police organization. Thus, the most important role of a patrol officer is to serve as the police organization's actual field contact with the people. The word PATROL is an acronym for: P- Policeman A- Assigned T- To R- Restore O- Order in the L- Locality BASIC PNP FUNCTIONS The police render three major functions in its law enforcement and peace control task; 1. Crime Prevention- suppression 2. Crime Solution- investigation 3. Traffic Management- Supervision DISTINCTION OF CRIME PREVENTION AND CRIME CONTROL 1. Crime Prevention- It is the reduction or the elimination of the desire and/or opportunity to commit a felony 2. Crime Control- This is the primary concern of the police, as the saying goes, “control before the act escalates into a serious proportion. POLICE PERSONNEL DISTRIBUTION Police Activity Percentage Patrol Function 50% Criminal Investigation 15% Traffic Function 10% Vice & Juvenile Related Functions 10% Administrative Functions 10% Auxiliary Functions 5% PATROL METHODS Various means of getting from one place to another within specified patrol jurisdiction. 1. Beat Patrol a. Foot Patrol b. Bicycle Patrol 2. Sector/Motorized Patrol a. Automobile Patrol b. Motorcycle Patrol c. Aircraft Patrol (Helicopter and Fixed Wing) 3. Specialized Patrol a. Horse Patrol b. Marine Patrol (Water) c. Canine Assisted Patrol (k-9) d. Special Terrain Patrol TYPES OF PATROL 1. FOOT PATROL The foot patrol is the most expensive type of patrol, and most departments have reduced their foot patrols to a minimum because of this. Foot patrol is restricted to small areas and is used to deal with special situations while maintaining radio contact with officers in patrol cars. Foot patrol is used to secure 2 types of police geographical units: a. Post- a fixed position or location where an officer is assigned for guard duty. b. Beat- the smallest area specifically assigned for patrol purposes. TYPES OF FOOT PATROL 1.1 Fixed Foot Patrol is stationary and is usually used for traffic, surveillance, parades, and special events. 1.2 Mobile Foot Patrol is used where there is considerable foot movement such as patrolling business and shopping centers, high crime areas, and in places where there are many or multiple family dwellings. THE TRADITIONAL FOOT PATROL PATTERN ◼ Clockwise Patrol Pattern -Short beats well for foot patrol -rectangular/square size of beat ◼ Counter-Clockwise Patrol Pattern - the reverse of the clockwise pattern with the same characteristics of an area to be patrolled. ◼ Zigzag or Free Wheeling Patrol Pattern - done by patrolling the streets within the perimeter of the beat not at random but with a definite target location where he knows his presence is necessary. Diagonally across it to the opposite corner. ◼ Straightway and Criss- Cross Patrol Pattern -hazard oriented patrol. Easiest to observe the movement of the patrol officer. Patrol officers just Follow the length of the street. ◼ Cloverleaf Pattern -A highway intersection designed to route traffic without interference, by means of a system of curving ramps from one level to another, in the form if a (4) leaf clover. Foot Patrol Procedures and Techniques 1. Do not establish a set of patterns of patrol. 2. Walk systematically on the beat while on patrol (with purpose) 3. Do not smoke nor drink while on patrol during the night or day shift 4. Walk the curb during the daylight 5. Walk near buildings during the night patrol 6. Hold your tactical flashlight in your non-dominant hand slightly away from your body. Some of the Advantages of the Foot Patrol 1. Greater personal contact with the public leads to increased community support for the police. 2. Greater opportunity to develop sources of information 3. High police visibility 4. Places not accessible by motor vehicles 5. Easier detection of criminal activities 6. Easy discovery and familiarization with the layout of the beat Disadvantage of Foot Patrol 1. Low mobility resulting to limited coverage of the patrol area. 2. Low response time to telephone complaints, 2. AUTOMOBILE PATROL the automobile is the most economical type of patrol and offers tactical ability when used in numbers. The patrol car is the most extensively used and the most effective means of transportation for police on patrol. Equipped with state-of-the-art police gear, patrol cars today provide a rapid, safe, and efficient means of transportation under average operating conditions. Automobile patrol has the greatest mobility and flexibility. Some of The Advantages of The Automobile Patrol 1. High mobility allowing coverage of a greater area 2. Quicker response time to complaints 3. Enable more effective street pursuit of offenders 4. Provide the officers with necessary protection during inclement weather 5. Enable officers to carry supplementary equipment essentials in patrolling Disadvantages of Automobile Patrol 1. Diminished personal contact with the public 2. Little opportunity to develop sources of information 3. Marked police vehicle hampers apprehension and surveillance operations 3. HORSE PATROL Next to walking patrol, the horse patrol is one of the oldest types of patrol. Used mostly in grassy fields or wooden areas. The following are some of the more common uses of the horse patrol a. Park Patrol b. Beach Patrol c. Posse Patrol d. Parade and Crowd Patrol 4. DOG PATROL/K-9 PATROL the key to the successful use of police dogs in patrol is based first of all on understanding and willing master. Secondly, on the proper selection and training of the dogs, and finally preparing the general public for their use. “Police dogs should never be used to replace police officers they are supplementary forces that can aid the officer in better performing his duty”. A dog is capable of recognizing an odor 10 million times better than a human can. 5. AIRCRAFT PATROL If the area to be serviced is large enough, air patrol can be as economical as the automobile. Among the more recent trends in patrolling is the use of aircraft, either helicopter or fixed- wing. Today, it has become necessary for the police to use aircraft in performing both routine and specialized patrol activities. Helicopter patrol is advantageous during search and rescue operations. ADVANTAGES OF HELICOPTER PATROL 1. Improves response time to emergency calls for service\ 2. Increase apprehension of offenders 3. Increase prevention of crime 4. Increase the ability to conduct roof searches for suspected felons 5. Easier location of both lost and escaped persons 6. More efficient rescue operations and emergency ambulance service. DISADVANTAGES OD HELICOPTER PATROL 1. Bad weather will ground the helicopter. 2. Smog and light intermittent clouds might affect vision. 3. This type of service requires special skills and training. 4. There is a danger from the high wire, trees, and similar objects. 5. There can be difficulty in landing in urban areas. 6. Pilots are fatigued and most work shorter periods than regular police shift 7. Refueling problems. 8. Special facilities are required for housing and repairs. 9. There are many tactical for housing and repairs. 10. There are many tactical problems to overcome such as the location of police units on the ground and the exact locations of addresses from the air. 11. Criminals can hear the helicopter coming and the element of surprise is lost. 6. WATER PATROL (MATINES/BAY/RIVER PATROL) Extremely specialized and are not in great use except in areas with extensive coasts or a great deal of lake or river traffic. The object was to use the vehicles in anti-smuggling operations as well as against robberies committed in warehouses along river banks or water ports. PERSONAL WATERCRAFT (PWC)-a new trend in water patrol is the use of PWC. These vehicles have very shallow drafts, high maneuverability, and stability, and are very easy to operate. ADVANTAGES: 1. Marine patrol officers can approach areas not accessible to conventional patrol boats because of shallow water. 2. One or two officers are enough to operate while increasing maneuverability and speed 7. BICYCLE PATROL Inexpensive to operate compared to motorcycles and automobiles. Areas not accessible by patrol or too wide for foot patrol can be covered by bicycle. It has a great advantage in terms of stealth and mobility. 8. MOTORCYCLE PATROL Have greater access than automobiles to some areas and are better suited to heavy traffic, and narrow alleys. Relatively high cost to operate and limited use in bad weather. It has a great advantage in terms of speed maneuverability. What is the so-called “Street Questioning” Method? It is a method whereby policemen on patrol may interview within the bounds of law suspicious personalities at random to serve as a deterrent to those intending to commit a crime. What do you understand about the concept of “Team Policing”? It is a grassroots approach undertaken to bring the people and the police together in cooperative situations. What is the purpose of a police uniform? As with any other occupation, the police uniform is intended to separate policemen from everyone who is not in the same line of work to avoid confusion and to assure others of his authority and his presence. Give the four kinds of inspections conducted by policemen on patrol. Policemen may conduct building inspections, crime prevention follow-ups, house inspections, and miscellaneous inspections. What is a Patrol hazard? This is a term used frequently to describe specific conditions or places the require a patrol officer's special attention. INTEGRATED PATROL SYSTEM A concerted effort of the whole PNP organization with other government agencies for effective performance of the general role of the PNP which is to deliver the public safety service to the community. Types of Calls Response by the Police Patrol 1. ROUTINE CALL Under this category, the mobile car is required to observe all traffic laws and rules and does not normally use its flashing lights and siren while on its way to the scene. This includes when the police respond to: ✓ Provide police car transportation ✓ Investigate abandoned vehicles ✓ Investigate abandoned vehicles ✓ Provide additional traffic control and direction 2. URGENT CALL This is similar to the routine call, which also requires the responding police car to observe all traffic rules and does not use its flashing lights or siren. However, it proceeds directly to its destination and does not stop unless an incident of a far more serious nature occurs. This includes when the police respond to investigate; ⚫ Shoplifter complaint ⚫ Vehicular accidents in which there are no physical injuries ⚫ Report of domestic or tenant-landlord or neighbor conflicts ⚫ Lost children complaints 3. EMERGENCY CALL In most cases, the category requires the use of the flashing light and fluctuating siren although there are exceptions which include the attempt to surprise criminals in the act. It is permissible in this case for the responding police car to violate traffic laws provided that extreme care is exercised while driving at high speed. This includes when the police respond to: ◼ Investigate a crime in progress ◼ Investigate a traffic accident in which people are injured. ◼ Rescue or assist another patroller in trouble ◼ Aids an injured person ◼ Pursue or apprehend suspected criminals THE ABC’S OF RADIO TRANSMISSION Accuracy- it is the correctness and truthfulness of what is being communicated Brevity- this means using few words but concise Courtesy- it is necessary for rapid and efficient service. Courtesy begets courtesy. Anger begets anger. APCO AND PHONETICS RADIO TELEPHONE PROWORDS AND PROCEDURES AFFIRMATIVE- Yes, permission granted NEGATIVE- No, not received RELAY TO- Transmit this message to all addresses or designations immediately following ROGER- Received your transmission satisfactorily WILCO- Compliance of an instruction in a message or any verbal instruction CROWD CONTROL AND RIOT PREVENTION Definition of Terms: ◼ Tumultuous -the disturbance or interruption shall be deemed tumultuous if caused by more than three persons who are armed or provided with means of violence. ◼ Outcry- the means to shout subversive or proactive words tending to stir up the people to obtain using force or violence. ◼ Crowd- it consists of a body of individual people with no organization, no single partnership. Each individual's behavior is fairly controlled and ruled by reason. All the participants have been thrown by circumstance into a crowd for some common purpose that may give them a least one thing in common. ◼ Mob- a mob takes on the semblance of organization with some common motive for action, such as revenge for a crime committed on the scene where the crowd 1like this, there is already a strong feeling of togetherness (“we are one” attitude). ◼ Riot-it is a violet confusion in a crowd once a mob starts to become violent, it becomes a riot. Riot, in general, is an offense against the public peace. It is int

LEA-4-prelim-Coverage-1 Lesson 1: History of Law Enforcement PDF

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