Comparative: "Police Is The Public and The Public Is The Police"-Sir Robert Peels
Comparative: "Police Is The Public and The Public Is The Police"-Sir Robert Peels
Comparative: "Police Is The Public and The Public Is The Police"-Sir Robert Peels
Police - A police service is a public force empowered to enforce the law and
to ensure public and social order through the legitimized use of force.
“Police is the public and the public is the police”- Sir Robert Peels
Why Compare?
HOW TO COMPARE?
SAFARI METHOD
researcher visits another country.
COLLOBORATIVE METHOD
researcher communicates with foreign researcher
Globalization
It is a process of interaction and integration among the people, companies,
and governments of different nations, a process driven by international trade and
investment and aided by information technology. This process has effects on the
environment, on culture, on political systems, on economic development and
prosperity, and on human physical well-being in societies around the world.
It is a package of translational flow of people, production, investment,
information, ideas, and authority. (M. Garcia)
Urban-commercial society – has civil law (some standards and customs are
written down), specialized police forces (some for religious offenses, others for
enforcing the King’s Law), and punishment is inconsistent, sometimes harsh,
sometimes lenient. Most of Continental Europe developed along this path.
Urban-industrial society – not only has codified laws (statutes that prohibit) but
laws that prescribe good behavior, police become specialized in how to handle
property crimes, and the system of punishment is run on market principles of creating
incentives and disincentives. England and the U.S. followed this positive legal path.
Some people also talk about a fifth type: Post-modern society, where the
emphasis is upon the meaning of words and the deconstruction of institutions.
Developing countries tend to be lumped into the first two (1) and (2) types, and
the study of culture becomes more important in these contexts. Developed countries
tend to be the last two (3) and (4) types, and the study of structure becomes more
important. The study of culture involves the study of customs and folkways of the
people. The study of social structure involves the study of institutions, like economic
and political systems.
Many comparativists romanticize the folk-communal society or its low crime rates
as well as the way most quarrels and conflicts are settled privately. However, folk
societies are also known for “lumping it” which is the process of letting things go on
longer until it’s too much to tolerate anymore. Nonetheless, folk societies work very
hard to avoid the over criminalization common to modern bureaucratic societies.
The most frequently studied variable in comparative police system and criminal
justice is urbanization, or the process of internal migration from the countryside to the
cities. It is suspected that urbanization dissolves family ties, creates cultures of
poverty, and produces a stabilized criminal underworld consisting of well-defined
criminal career pathways. Also of importance are the variables of colonization and
underdevelopment, as these processes of globalization shape underdog ideologies
among exploited Third world people which come back in the form of terrorism
against the more developed countries. However, an event (like urbanization or
colonization) is not the cause of crime if it occurs when crime rates are falling.
Types of Police Systems
It is the consensus of experts that there are four types of criminal justice systems
in the world:
a. Common
b. Civil
c. Socialist
d. Islamic
This classifies all 185 nations in the world. It is important to compare nations that
have similar legal traditions because crimes may not be defined the same.
Interpol and the U.N. have dealt with this problem for years. Even something as
simple as murder is defined differently by different nations. In some countries, crime
data is based on offenses known to police, and in other countries, statistical data is
based on convictions. Certain countries (such as those in Central Africa) do not even
collect crime statistics. In other countries (mostly socialist ones), crime statistics are
collected, but the data are classified. It is also difficult to compare punishments, since
in some countries, the family members of the offender are punished, and the range of
punishments includes such things as stoning and mutilation.
Common law systems are also known as Anglo-American justice and exist in
most English-speaking countries of the world, such as the U.S., England, Australia,
and New Zealand. They are distinguished by a strong adversarial system where
lawyers interpret and judges are bound by precedent. Common law systems are
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COMPARATIVE MODELS IN POLICING AND WORKBOOK
Socialist systems are also known as Marxist-Leninist justice, and exist in many
places, such as Africa and Asia, where there had been a Communist revolution or the
remnants of one. They are distinguished by procedures designed to rehabilitate or
retrain people into fulfilling their responsibilities to the state. It is the ultimate
expression of positive law, designed to move the state forward toward the
perfectibility of state and mankind. It is also primarily characterized by administrative
law, where non-legal officials make most of the decisions. For example, in a socialist
state, neither judges nor lawyers are allowed to make law. Law is the same as policy,
and an orthodox Marxist view is that eventually, the law will not be necessary.
Islamic systems are also known as Muslim or Arabic justice, and derive all their
procedures and practices from the interpretation of the Koran. There are exceptions,
however. Various tribes (such as the Siwa in the desert of North Africa) are
descendants of ss
Adversarial, where the accused is innocent until proven guilty. The U.S.
adversarial system is unique in the world. No other nation, not even the U.K., places
as much emphasis upon determination of factual guilt in the courtroom as the U.S.
does.
Inquisitorial, where the accused is guilty until proven innocent or mitigated, have
more secret procedures. Outside the U.S., most trials are concerned with legal guilt
where everyone knows the offender did it, and the purpose is to get the offender to
apologize, own up to their responsibility, argue for mercy, or suggest an appropriate
sentence for themselves.
(International Police)
- The largest international police organization in the world, located in Lyon
France, with National Central Bureaus in 190 member countries. (188 in 2010)
Police Training
1. Carry out tailored I-24/7 user training courses worldwide according
national needs.
2. Organize NCB staff training courses for national officers working at
INTERPOL National Central Bureaus on a regional and language
basis.
3. Organize INTERPOL awareness seminars at the request of member
countries.
4. Inform crime programme managers of training requirements in their
area.
5. Exchange of good practice between NCBs (National Central Bureaus)
3. GENERAL SECRETARIAT
It coordinates the international activities of member countries, holds a library
of international criminal records, and organizes regular meetings at which
delegates can exchange information on police work.
The General Secretariat operates 24 hours a day, 365 days a year.
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COMPARATIVE MODELS IN POLICING AND WORKBOOK
CORPORATE PRIORITIES
1. Ensure organizational health and sustainability.
2. Institutional and legal support.
Crime Areas
1. Corruption 6. Financial crime
2. Crimes against children 7. Firearms
3. Cyber crime 8. Fugitive Investigation
4. Drugs 9. Maritime piracy
5. Environmental crime 10. Organized crimes
Applicants must:
The vision:
"Connecting police for a safer world".
The mission:
"Preventing and fighting crime through enhanced international police cooperation".
All 190 INTERPOL member countries are connected through a secure
communications system known as I-24/7. This gives police real-time access to criminal
databases containing millions of records. Our unique system of Notices is used to alert
member countries to fugitives, dangerous criminals, missing persons or weapons threats
United Nations
* An international organization whose stated aims are facilitating cooperation in
international law, international security, economic development, social progress,
human rights, and achievement of world peace. It was founded in October 24, 1945
after World War II to replace the League of Nations, to stop wars between countries,
and to provide a platform for dialogue.
* The United Nations Headquarters resides in international territory in New York City,
with further main offices at Geneva, Nairobi, and Vienna.
* Composed of 193 member states.
2. Secretariat
Located in New York City
Headed by the Secretary-General, assisted by a staff of international civil
servants worldwide.
It provides studies, information, and facilities needed by United Nations
bodies for their meetings. It also carries out tasks as directed by the UN
Security Council, the UN General Assembly, the UN Economic and Social
Council, and other UN bodies.
Secretary-General, who acts as the de facto spokesperson and leader of the
UN. The current Secretary-General is Ban Ki-moon, who took over from Kofi
Annan in 2007 and has been elected for a second term to conclude at the end
of 2016
Qualifications of UN Peacekeepers:
Professional Category
• high degree of analytical skills
• communication skills
• substantive expertise and/or managerial leadership ability
• Applicants are required to have a first level university degree from an accredited
university or institution
• An advanced degree may be required for some functions, as specified in the
Vacancy Announcement.
• A combination of relevant academic qualifications and extensive experience may
be accepted in lieu of the advanced university degree.
Language Knowledge
English and French are the working languages of the United Nations
Secretariat. Fluency in English or French is required, knowledge of additional official UN
languages (Arabic, Chinese, English, French, Russian, Spanish) is an advantage.
* Secondment
The movement of an employee from department or agency to another which is
temporary in nature and which may or may not require issuance of an appointment
which may either involve reduction or increase in compensation
A secondment is where an employee temporarily transfers to another job for a
defined period of time for a specific purpose, to the mutual benefit of all parties. A
secondment job can be full-time, part-time or job share.
* To be eligible for deployment into the UN peace-keeping missions, the police
commissioned officer of the PNP should have the rank of SENIOR INSPECTOR.
* To be eligible for deployment into the UN peacekeeping missions, what should be the
age range of the applicants?
- 25-53 yrs old
* Two special skills of PNP applicants qualifying him for deployment to the UN
peacekeeping missions:
- Computer literacy and driving
* When the tour of duty in the UN mission is for a period of 1 year, the approving
authority should be Chief PNP.
* Under the priority list, PNP personnel who passed the UNSAT Examination but
without previous UN Mission deployment shall be 1st Priority.
RANK REQUIREMENT
• For Police Commissioned Officers (PCOs):
- PSINSP
• For Police Non-commissioned Officers (PNCOs):
- PO3
SERVICE REQUIREMENT
Minimum of 5 years of active police service (excluding cadetship, officer
orientation/trainee course, and police basic course)
PHYSICAL REQUIREMENT
Passed the latest Physical Fitness Test (PFT) conducted by the PNP DHRDD, as
well as medical, dental, and neuropsychiatry examinations.
OTHER REQUIREMENTS:
1. Must hold a Performance Evaluation Rating (PER) with a minimum Very Satisfactory
evaluation for two (2) consecutive rating semesters.
2. Must not have been repatriated from any previous UN mission for disciplinary
reasons.
3. Must not have been convicted of any administrative or criminal offense; have no
pending administrative/criminal cases in any body/tribunal/court.
4. No applicant should be a witness to any administrative/criminal case, especially those
covered by Republic Act 9165, or a summary hearing officer with unresolved cases.
TERM OF DEPLOYMENT
All PNP personnel who are deployed as part of the UN Peacekeeping Mission
shall have one (1) year tenure, extendable to 6 months.
ASEANAPOL
(Asean Chief of Police)
Was established in 1981 and became the premier regional platform for all the
heads of Asian national police forces to interact as well as to discuss, exchange views and
update each other on the latest development in law enforcement and transnational issues
in their respective countries.
After 24 years, it has grown from 5 police chiefs to a solid force of the ASEAN
TEN, signaling the emergence of a regional alliance that is determined to secure not only
our own individual sovereignties but also the peace and progress of our community.
ASEANAPOL Members:
Indonesia Cambodia
Malaysia Myanmar
Philippines Lao PDR
Singapore Vietnam
Thailand Brunei Darussalam
What are the objectives of the ASEANAPOL?
1. Enhancing police professionalism
2. Forging Regional cooperation in police work
3. Promoting lasting friendship among the police officers of ASEAN
countries.
Transnational Crime
Philippine Experience
• Human Trafficking and • Terrorism
Smuggling • Drug Trafficking
• Money Laundering • Sexual Slavery
• Small Arms and Light • Cyber Crime
Weapons
Human Trafficking
• Human Trafficking involves the recruitment, transport, harboring, or sale of
persons, within or across national borders, for the purpose of exploiting their
labor.
• Trafficked persons are also victims of organ removal and sale.
• Human trafficking is the acquisition of people by improper means such as force,
fraud or deception, with the aim of exploiting them.
• Smuggling migrants involves the procurement for financial or other material
benefit of illegal entry of a person into a State of which that person is not a
national or resident.
• Human Smuggling
- Usually does not involve coercion.
- Characterized by facilitating, for an illegal entry of a person into a
foreign country
- Considered a migration concern
The most common destination for victims of human trafficking are Thailand,
Japan, Israel, Belgium, Netherlands, Germany, Italy, turkey and the US according to the
report by the UNODC, United Nations Office on Drugs and Crime.
The major sources of trafficked persons include Thailand, China, Nigeria,
Albania, Bulgaria, Belarus, Moldovo, and Ukraine.
FAMILY TOURS
• Organized by unscrupulous travel agency to have one “bogus family”;
• Somebody will pretend as parents; and
• Children will use tampered documents to complete the bogus family.
BACKDOOR EXIT
• MANILA – PALAWAN – KUDAT, MALAYSIA
• MANILA – PALAWAN – CAGAYAN DE ORO – TAWI-TAWI –
SANDAKAN – KOTA KINABALU
Money Laundering
Conversion or transfer of property knowing that such property is derived from
a criminal offense, for the purpose of concealing or disguising the illicit origin or the
property, or assisting any person who is involved in the commission of such offense,
or offenses, to evade legal consequences of his action; (UN Definition)
Money laundering suggests a cycle of transactions in which the illegitimate
dirty money comes out clean after being processed into a legitimate legal source.
(Fairchild, 2001)
The monetary proceeds of criminal activity are converted into funds with an
apparent legal source. (Manzel, 1996)
“The process of converting cash, or other property, which is derived from
criminal activity, so as to give it the appearance of having been obtained from a
legitimate source.”
Philippine Definition (AMLA Section 4) (R.A. 9160 Anti Money Laundering
Act of the Philippines) is a crime whereby the proceeds of unlawful activity are
transacted, thereby making them appear to have originated from legitimate source.
“TURNING OF DIRTY MONEY INTO CLEAN MONEY”
PLACEMENT
- Process of moving money from the location of the criminal activity
- Getting currency into the bank, around the reporting system, at home or abroad.
- “Smurfing”
LAYERING
- Involves the frequent series of money transfers and transactions used to “cover
the tracks” of the illegal funds.
- “Heavy soaping”
- The use of the electronic methods is the most cost effective layering
INTEGRATION
- When the money is returned to the regular economy through purchase of
investment.
- The launderer then makes the proceeds available to the criminals in an
apparently legitimate form.
- “spin dry”
LOAN SHARKING
It refers to the lending of money at excessively high rates of interest.
TERRORISM
The systematic use of terror, especially as a means of coercion. It refers only
to those acts which are:
1. Intended to create fear
2. Are perpetrated for ideological goal
3. Deliberately target non-combatants
Simply a means to end, not an end in itself;
Accomplish nothing in terms of goal;
Aims at obtaining a response that will achieve political goals;
Aimed not so much at the target upon which the initial act is committed, but to a
much wider audience who will view and interpret the act
R.A. 9372
The Human Security Act of 2007
Sec 3. Any person who commits an act punishable under any of the following
provisions of the revised penal code
1. Art 122(Piracy and Mutiny)
2. Art 134 (Rebellion and Insurrection)
3. Art 134-a (Coup d etat)
4. Art 248 (Murder)
5. Art 267 (Kidnapping and serious illegal detention)
6. Art 324 (Crimes Involving Destruction) Or under
7. PD 1613 (The Law on Arson)
8. R.A. 6969 (Toxic Substance Control Act)
9. R.A. 5207 (Atomic Energy Regulatory Act)
10. R.A. 6235 (Anti – Hijacking Law)
11. PD 532 ( Anti Piracy and Highway Robbery)
12. PD1866 (Illegal Possession of Fire Arms)
Drug Trafficking
The illegal drug trade or drug trafficking is a global black market
consisting of the cultivation, manufacture, distribution and sale of illegal drugs.
Sexual Slavery
It refers to the organized coercion of unwilling people into various
different sexual practices. It encompasses most if not all forms of forced prostitution.
Prostitution
The act or practice of providing sexual services to another person in return
for payment.
People who execute such activities are called prostitutes.
Prostitution is one of the branches of the sex industry. The legal status of
prostitution varies from country to country, from being a punishable crime to a
regulated profession.
Described as the “world's oldest profession”
Cyber Crimes
• Various types of offending behavior directed against computer systems, networks
or data.
• Crimes committed with the use of information technology where computer,
network, internet is the target where the internet is the place of activity.
• RA 8792 -Electronic Commerce Act
• RA 8484 – Access Device Act
• RA 10175- CYBERCRIME PREVENTION ACT OF 2012
Computer as a Weapon
Technical Terms:
ISP – Internet Service Provider
IP Address – Series of numbers assigned by an Internet Service Provider To an
Internet user when it connects to the internet. It is considered as the anchor of
investigation of all internet crimes.