Comparative Police System: "Police Is The Public and The Public Is The Police"-Sir Robert Peels

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Some of the key takeaways are the different theories of policing systems like homerule theory and continental theory, as well as the three styles of policing - legalistic, watchman and service policing.

Theories of policing systems discussed include homerule theory, continental theory, modern system and theories of comparative policing like alertness to crime theory.

The three styles of policing mentioned are legalistic, which emphasizes helping the community, watchman, which emphasizes informal means of resolving disputes, and service, which emphasizes the use of threats or actual arrests to solve disputes.

COMPARATIVE POLICE SYSTEM

● Comparative - Denotes the degree or grade by which a person, thing, or other


entity has a property or quality greater or less in extent than that of another.

● 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

 System - A combination of related elements that is functioning as a


whole in order to achieve a single goal or objective.

 Comparative Police System - Process of outlining the similarities and


differences of one police system to another in order to discover insights in
the field of international policing.
It is the science and art of investigating and comparing the police
system of nations. It covers the study of police organizations, trainings and
methods of policing of various nations.

Why Compare?

● Crime has become a global phenomenon.


● Transnational crimes cross borders and the need for bilateral and
international cooperation become imperative.

HOW TO COMPARE?
SAFARI METHOD
● researcher visits another country.
COLLOBORATIVE METHOD
● researcher communicates with foreign researcher

THEORIES IN POLICING SYSTEM


HOMERULE THEORY CONTINENTAL THEORY
 Policemen are servants of the  Policemen are servant of higher
community authority.
 Effectiveness of policemen  They just follow the wishes of top
depends on the express wishes official of the government
of the people.
CONTINENTAL/ OLD MODERN SYSTEM
POLICING
● The yardstick of the efficiency ● The yardstick of police efficiency
of the police is determined by is the absence or lesser occurrence
the number of arrest. of crimes.
● Punishment is the sole ● Police omnipresence is considered
instrument of crime control. as the tool or instrument in crime
prevention.
THREE STYLES OF POLICING
1. Legalistic - It emphasizes on helping the community, as opposed to enforcing
the law.
2. Watchman - It emphasizes on informal means of resolving disputes.
3. Service - It emphasizes the use of threats or actual arrests to solve disputes.

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)

Basic Facts About the Continents


Continent Land Area (square km)
Asia 43,820,000
Europe 10,180,000
Africa 30,370,000
North America 24,490,000
South America 17,840,000
Australia 9,008,500
Antarctica 13,720,000

Effects of Globalization to Law Enforcement


(V. Delos Santos)

1. The facilitation of transnational crimes and criminals can be easily achieved.


2. There is a need for transnational policing. The cooperation among
police organizations in the world is vital.
3. Training instructions for incoming law enforcement officers must include
advance computer to prepare them as cyber cops so they can be better prepared to
deal with cyber crimes.
4. Development of new strategies to deal with international organized crimes is a
must.
5. Provisions of law enforcement with updated legislations related to
modernization theories of crime.

Threats of globalization on law enforcement:


1. Increasing volume of human rights violation evident by genocide or mass
killing.
2. The underprivileged gain unfair access to global mechanisms on law
enforcement and security.
3. Conflict between nations.
4. Transnational criminal networks for drug trafficking, money laundering,
terrorism, etc.
Effects of globalization on Human Rights:
* The effect of globalization on state-based human rights violations will depend on
the type of state and its history.
* In general, analysts of globalization find that states’ international integration
improves security rights, but increases inequality and threatens the social rights and
citizens.
* Findings on the effectiveness of the international pressure on state human rights
policy suggests that target states must be structurally accessible, internationally
sensitive, and contain local human rights activists for linkage.

Theories of Comparative Policing


1. Alertness to crime theory. Is that as a nation develops, people’s alertness to
crime is heightened. They report more crime to police and demand the police
to become more effective in solving crime problems.
2. Economic or migration theory is that crime everywhere is the result of
understrained migration and overpopulation in urban areas such as ghettos and
slums.
3. Opportunity theory is that long with higher standards of living, victims
become more careless of their belongingness, and opportunities for
committing crime multiply.
4. Demographic theory is based on the event when a greater number of
children are being born. As these baby booms grow up, delinquent subcultures
develop out of the adolescent identity crisis.
5. Modernization theory sees the problem as society becoming too complex.
6. Deprivation theory holds that progress comes along with rising expectations.
People at the bottom develop unrealistic expectations while people at the top
don’t see themselves rising fast enough.
7. Theory of anomie and synomie (the latter being term referring to social
cohesion on values), suggest that progressive lifestyles and norms result in the
disintegration of older norms that once held people together.
Societal Type and Police System
There are four kinds of societies in the world: (1) folk-communal societies,
which are also called primitive societies; (2) urban-commercial societies, which rely
on trade as the essence of their market system; (3) urban-industrial societies, which
produce most of the goods and services they need without government interference;
and (4) bureaucratic societies, or modern post-industrial societies where the emphasis
is upon technique or the “technologizing” of everything, with the government taking
the lead.

Folk-communal society - has little codification of law, no specialization among


police, and a system of punishment that just let things go for awhile without attention
until things become too much, and then harsh, barbaric punishment is resorted to.
Classic examples include the early Roman gentiles, African and Middle eastern tribes,
and Puritan settlements in North America.

Urban-commercial society – has civil law (some standards and customs are
written 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.

Bureaucratic society – has a system of laws (along with armies of lawyers),


police who tend to keep busy handling political crime and terrorism, and a system of
punishment characterized by over criminalization and overcrowding. The U.S. and
perhaps only eight other nations fit the bureaucratic pattern. Juvenile delinquency is a
phenomenon that only occurs in a bureaucratic society.

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.

Variable affecting System Comparison on Police System

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
distinctive in the significance they attach to precedent (the importance of previously
decided cases). They primarily rely upon oral systems of evidence in which the public
trial is a main focal point.

Child law systems are also known as Continental justice or Romano-Germanic


justice, and practiced throughout most of the European Union as well as elsewhere, in
places such as Sweden, Germany, France, and Japan. They are distinguished by a
strong inquisitorial system where less right is granted to the accused, and the written
law is taken as gospel and subject to little interpretation. For example, a French
maxim goes like this: “If a judge knows the answer, he must not be prohibited from
achieving it by undue attention to regulations of procedure and evidence.” By
contrast, the common law method is for a judge to at least suspend belief until the
event of a trial is over. Legal scholarship is much more sophisticated and elitist in
civil law systems, as opposed to the more democratic common law countries where
just about anybody can get into law school. Romano-Germanic systems are founded
on the basis of natural law, which is a respect for tradition and custom. The
sovereigns, or leaders, of a civil law system are considered above the law, as opposed
to the common law notion that nobody is above the law.

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

Police System vs. Criminal Justice System


With these influences of societal systems, Police System and Criminal Justice
Systems around the world varies depending on the kind of legal system. With the
exceptions of Japan and the Common Law nations, few countries hold their police
officers accountable for violations of civil rights. In Socialist and Islamic countries,
the police hold enormous political and religious powers. In fact, in such places, crime
is always seen as political crime or co-occurring religious problem.

Comparative Court System


Court Systems of the world are of two types:

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.

Comparative Correctional System


Correctional systems worldwide can be easily distinguished by whether they
support corporal punishment (beatings) or not. Some so-called “civilized” countries
claim they are better than the U.S. because they don’t perform death penalty but
actually practice such corporal punishments as beatings and whippings. Nations that
practice corporal punishment do tend, however, to have less of a correctional
overcrowding problem. Probation and parole, where they exist cross-culturally, are
applied to the country’s citizens, and not for foreigners or immigrants.

Comparative Juvenile Justice System


Juvenile Justice Systems vary widely. Scotland has the toughest system, regularly
sentencing juveniles to harsh boot camps with a strict military regimen and forced
labor. Germany has a juvenile justice system similar to the U.S, where more emphasis
is upon education as punishment.

Modernization versus Colonial Thesis


The idea that technology produces common effects which tend to make all nations
increasingly similar is the modernization thesis (Shelley 1981). In this view, the
developing countries are destined to go through the same crime and control patterns s
the developed nations have gone through. This pattern mainly involves a skyrocketing
increase in property crime, the hallmark of industrial society. It also involves more
female emancipation, and certain problems arise from this, not the least of which is a
backlash of male violence. The implication of the modernization thesis is that
developed countries, like the U.S., ought to reach out, and help developing countries
manage or regulate the inevitable stages they will have to go through.

Opposed to this idea is the underdevelopment, or colonization thesis (Sumner


1982) which holds that it is the most advanced, developed nations in the world which
cause crime in dependent Third World nations. Corporations, for example, are
allowed to pillage raw materials and resources in the Third World. Likewise, most of
the developed nations do not engage in free trade. Instead, they subsidize their
farmers and producers at home, prohibit the import of cheap, foreign-made products,
and make their money by saturating foreign markets with luxury goods that create a
sense of rising expectations or unreachable aspirations in the Third World.

There is little debate, however, over the importance of urbanization. Comparative


criminologists believe urbanization is the primary cause of violent crime in any
society (Archer & Gartner 1984). When citizens migrate to the cities, kinship and
community ties are broken, and a sense of anonymity and impersonality develops.
Some of this impersonality is inherent to the nature of industrial and bureaucratic
work, but the problem in the cities appears to be the problem of income inequality,
where vast numbers of poor people live in fairly close concentration to wealthier
people, or those who are on the verge of “making it” economically.

(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)

The Interpol is compromised of the ff. bodies:


1. General Assembly
2. Executive Committee
3. General Secretariat
4. National Central Bureaus
5. Advisers
6. The Commission for the Control of INTERPOL’s Files

What are organization’s four official languages?


1. Arabic
2. English
3. French
4. Spanish

The INTERPOL Notices System


An Interpol notice or international notice is issued by Interpol to share
information between its members.
o Red Notice - To seek the arrest or provisional arrest of wanted
persons with a view to extradition.
o Black Notice - To seek information on unidentified bodies.
o Yellow Notice - To help locate missing persons, often minors, or
to help identify persons who are unable to identify themselves.
o Blue Notice - To collect additional information about a
person’s identity or activities in relation to a crime.
o Green Notice - To provide warnings and criminal intelligence about
persons who have committed criminal offenses and are likely to repeat
these crimes in other countries
o Orange Notice - To warn police, public entities and other
international organizations about potential threats from disguised
weapons, parcel bombs and other dangerous materials.
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)

The INTERPOL is comprised of the ff. bodies:


1. THE GENERAL ASSEMBLY

● INTERPOL’s supreme governing body, it meets annually and comprises


delegates appointed by each member country.
● The assembly takes all important decisions related to policy, resources,
working methods, finances, activities and programs.
● It also elects the Organization's Executive Committee

2. THE EXECUTIVE COMMITTEE

● It comprises 13-member committee which is elected by the General Assembly.


● The Executive Committee is INTERPOL’s select deliberative organ which
meets three times a year.

How long is the tenure of duty of the executive committee?


 President - 4 years
 Vice- Presidents - 3 years
 They are not immediately eligible for re-election either to
the same posts, or as delegates to the Executive
Committee.

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.

4. NATIONAL CENTRAL BUREAUS (NCB)


● The NCB is the designated CONTACT POINT for the General Secretariat,
regional offices and other member countries requiring assistance with overseas
investigations and the location and apprehension of fugitives.
● Each INTERPOL member country maintains a National Central Bureau
staffed by national law enforcement officers.
National Central Bureau – Manila
● CHAIRMAN?
● Director General Philippine National Police
● MEMBERS:
● Director, National Bureau of Investigation
● Commissioner, Bureau of Customs
● Commissioner, Bureau of Internal Revenue
● Commissioner, Bureau of Immigration
● Governor, Bangko Sentral ng Pilipinas
● Executive Director, Dangerous Drug Board
5. ADVISERS
● These are experts in a purely advisory capacity, who may be appointed by the
Executive Committee and confirmed by the General Assembly.

6. COMMISSION FOR THE CONTROL OF INTERPOL’S FILES (CCF)


● To ensure that the processing of personal information by INTERPOL complies
with the Organization's regulations,
● To advise INTERPOL on any project, operation, set of rules or other matter
involving the processing of personal information and
● To process requests concerning the information contained in INTERPOL's
files

STRATEGIC PRIORITIES of INTERPOL


1. Secure global communication system.
2. 24/7 support to policing and law enforcement.
3. Capacity Building
4. Assisting member countries in the identification of crimes and criminals.

CORPORATE PRIORITIES
1. Ensure organizational health and sustainability.
2. Institutional and legal support.

Crime Areas
1. Corruption 11. Pharmaceutical Crime
2. Crimes against children 12. Terrorism
3. Cyber crime 13. Trafficking in Human Beings
4. Drugs 14. Trafficking in illicit goods
5. Environmental crime 15. Vehicle Crime
6. Financial crime
7. Firearms
8. Fugitive Investigation
9. Maritime piracy
10. Organized crimes
General Requirements:

Applicants must:

• Be nationals of one of the Organization's member countries;


• Be 18 years of age or older;
• Meet the requirements for the post as defined in the vacancy notice;
• Have a relevant degree, diploma or appropriate training (for the majority of
posts, this should be at the university level);
• Have previous relevant professional experience;
• Have an excellent command of English; a good knowledge of French is
desirable and sometimes essential for certain posts; some knowledge of the
Organization's other working languages (Spanish or Arabic) is often
helpful;
• Indicate the level of command of each language when filling out the
Application Form:
– Mother Tongue
– Professional Fluency: Able to converse actively at high level of
fluency and prepare reports and papers.
– Working Knowledge: Able to follow work-related discussions, use
the telephone, and understand documents (grammar may be
uncertain).
– Limited Knowledge: Able to understand simple conversations
and written texts.
– Basic: Some knowledge, but unable to work in the language.
– No skills
• Be able to use modern computer technology;
• Be able to adapt to a multicultural and multilingual working environment;
• Have the ability to work as a member of a team.

PHILIPPINE CENTER ON TRANSNATIONAL CRIME (PCTC) (E.O. 62)


● Its mission was to formulate and implement a concerted program of action of
all law enforcement and government agencies for the prevention and control
of transnational crimes.

INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE (IACP)


● The world's oldest and largest nonprofit membership organization of police
executives.
● IACP's leadership consists of the operating chief executives of international,
federal, state and local agencies of all sizes.

The current emblem of Interpol was adopted in 1950


and according to their website has the following
symbolism:
• the globe indicates worldwide activity
• the olive branches represent peace
• the sword represents police action
• the scales signify justice
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.

Difference between the Official Languages of


Interpol and United Nations

INTERPOL UNITED NATIONS


1. Arabic 1. Arabic
2. English 2. English
3. French 3. French
4. Spanish 4. Spanish
5. Chinese
6. Russian
Principal Organs of the UNITED NATIONS:
1. General Assembly
■ May resolve non-compulsory recommendations to states, or suggestions to
the UNSC (not a Parliament)
■ Decides on the admission of new members, on proposal of the UNSC
■ Adopts the budget
■ Elects the non-permanent members of the UNSC, all members of
ECOSOC, on the proposal of the UNSC the UN Secretary General, and the
15 judges of the ICJ

When the General Assembly votes on important questions, a two-thirds


majority of those present and voting is required.

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

3. International Court Justice


■ Hague Netherlands
■ The International Court of Justice (ICJ) is the primary judicial organ of the
United Nations. Established in 1945 by the United Nations Charter,
the Court began work in 1946 as the successor to the Permanent Court
of International Justice.

4. Economic Social Council


■ The Economic and Social Council (ECOSOC) assists the General
Assembly in promoting international economic and social cooperation
and development.
■ ECOSOC has 54 members, all of which are elected by the General
Assembly for a three-year term
■ The president is elected for a one-year term and chosen amongst the small
or middle powers represented on ECOSOC. ECOSOC meets once a
year in July for a four-week session.

5. Trusteeship Council
■ Trusteeship Council is authorized to examine and discuss reports from
the Administering Authority on the political, economic, social and
educational advancement of the peoples of Trust Territories and, in
consultation with the Administering Authority, to examine petitions
from and undertake periodic and other special missions to Trust
Territories.

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.

Field Service Category


Applicants are required to have a high school diploma or equivalent, some
positions may require a technical or vocational certificate.

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.

Participation of PNP Personnel in UN Peacekeeping Mission

* 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.
UN Special Action Team
(UNSAT)
❑ AGE REQUIREMENT
Must not be less than 25 years old or more than 53 years old upon actual
deployment.

❑ RANK REQUIREMENT
• For Police Commissioned Officers (PCOs):
- PSINSP
• For Police Non-commissioned Officers (PNCOs):
- PO3

All applicants must have been appointed in permanent status in their


respective present ranks.

❑ 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.

❑ SPECIAL SKILLS NEEDED


– Computer Literacy Requirement
– Driving Proficiency Requirement

❑ UNIT RECOMMENDATION REQUIREMENT


Must be recommended by Unit Commanders (Command Group or Directors of
their respective Directorial Staff, National Support Units, or Police Regional
Offices).

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:
o Indonesia o Cambodia
o Malaysia o Myanmar
o Philippines o Lao PDR
o Singapore o Vietnam
o Thailand o 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.

EUROPIAN POLICE OFFICE


(EUROPOL)

Europol is the European Union'scriminal intelligence agency. It became fully


operational on 1 July 1999.
Europol's aim is to improve the effectiveness and co-operation between the
competent authorities of the member states primarily by sharing and pooling
intelligence to prevent and combat serious international organized crime.

INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE (IACP)

The world's oldest and largest nonprofit membership organization of police


executives, with over 20,000 members in over 89 different countries. IACP's
leadership consists of the operating chief executives of international, federal, state and
local agencies of all sizes.
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.

Transnational Crime
*A working definition of transnational crime:
Crime that impacts on more than one jurisdiction. ei one country to another

*Adapted from the United Nations Convention on Translational Organised Crime:


Committed by Organized criminal groups that have a home base in one state,
but cooperate in one or more host states where there are favorable market
opportunities.

Well known types:


■ drugs, economic, people smuggling, money laundering, environmental
What about:
■ people trafficking, sea piracy, arms trafficking, precursor chemicals
■ terrorism and the crimes that underpin or facilitate terrorism
Crossing of borders by:
■ people - criminals, fugitives and victims
■ things - commodities
■ intent - traffic, defraud, circumvent etc
With international recognition of the crime:
■ Conventions, Treaties and Laws

Philippine Experience
• Human Trafficking • Terrorism
and Smuggling • Drug Trafficking
• Money Laundering • Sexual Slavery
• Small Arms and Light Weapons • Cyber Crime

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 Trafficking and Human Smuggling


• Human Trafficking
- Usually involves coercion
- Characterized by subsequent exploitation after the illegal entry of a
person into a foreign country.
- Considered a human rights issue

• 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

PHILIPPINE DOMESTIC LAWS


• Republic Act No. 9208-“Anti-trafficking in Persons Act of 2003”.
• Republic Act No. 7610-“Special Protection of Children Against
Abuse, Exploitation and Discrimination Act”.
• Republic Act No. 8042-“Migrant Workers and Overseas Filipino Act”
• Republic Act No. 6955-“An Act to Declare Unlawful the Practice of
Matching Filipino Women for Marriage to Foreign Nationals on a Mail-
Order Basis and Other similar Practices…
• Republic Act No. 8239- “Philippine Passport Act of 1996”

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.

CAUSES OF HUMAN TRAFFICKING


• Poverty
• Uneven economic development
• Family orientation & values
• Weak enforcement of laws
• Corruption
• Immediate benefits of working
abroad
ILLEGAL RECRUITMENT
R.A. 8042
Illegal Recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring or procuring of workers which includes
referring, contract services, promising or advertising for employment abroad, whether for
profit or not, when undertaken by a non-license or non-holder of authority

Modus Operandi of Illegal Recruiters


• Tourist Worker Scheme
• Escort Services
• Blind Ads
• By Correspondence
• Backdoor Exit
• Assumed identity
• Trainee-Worker Scheme
• Visa Assistance or Immigration Consultancy Scheme
• Camouflaged participants/representatives in seminars/sports events
• Mail Order Bride Scheme
• Tie-Up or Kabit
System ADOPTION
METHOD
• Adoption of Children to smuggle out of the country;
• Foreigners will pretend to adopt them; but the reality, they will be sold to:
-labor markets
-Prostitution dens

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.

LOAN SHARKING EMBRACES TWO CENTRAL FEATURES


• The assessment of exorbitant interest rates in extending credit and;
• The use of threats and violence in collecting debts.
SMALL ARMS AND LIGHT WEAPONS ARMS SMUGGLING
• “Firearms - includes rifles, muskets, carbines, shotguns, revolvers, pistols and all
other deadly weapons from which a bullet, ball, shot, shall or other missile
maybe discharged by means of gun powder or other explosives. The barrel of
firearms shall be considered complete firearms.” --- PD 1866:

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)

Thereby sowing and creating a condition of widespread and extraordinary


fear and panic among populace, in order to coerce the government to give in to an
unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty
of 40 years of imprisonment without the benefit of parole as provided for under Act
4103, otherwise known as the indeterminate sentence law, as amended.

CATEGORIES OF TERRORIST GROUPS


A terrorist group’s choice of targets and tactics is also a function of
government affiliation. They are categorized by government affiliation. This helps
security planners for terrorist targets, and is sophisticated intelligence and weaponry.
Terrorist groups are divided into three categories:
a. Non-state supporter – A terrorist group that operates
autonomously, receiving no support from any government.
b. State supported – A terrorist group that operates alone but
receives support from one or more governments.
c. State directed – A terrorist group that operates as a great
government, receiving substantial intelligence logistic operational support

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

THE DEPARTMENT OF JUSTICE CATEGORIZES COMPUTER CRIME IN


THREE WAYS:
• The computer as a target - attacking the computers of others (spreading viruses
is an example).
• The computer as a weapon - using a computer to commit "traditional crime" that
we see in the physical world (such as fraud or illegal gambling).
• The computer as an accessory - using a computer as a "fancy filing cabinet" to
store illegal or stolen information.
Computer as a Weapon
Hacking / Cracking – refers to unauthorized access into or interference in a
computer system/server or information and communication system.
Virus – a small file that attaches to emails or downloads and infects computers.
Denial-of-Service (DoS) - illegal act to bring a particular system down or to
malfunction a system.
Web defacement - a form of malicious hacking in which a Web site is
“vandalized.”
• Malicious Email Sending – The act of Sending malicious and
defamatory electronic mails.
• Internet Pornography – The trafficking, distribution, posting, and dissemination
of obscene material including children’s nude pictures, indecent exposure, and
child sex slavery posted into the internet, live streaming videos aired through
internet under a certain fee.
• Online Auction Fraud

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.

Famous Viruses and Worms:


• I love You Virus – Onel De Guzman (May 4, 2000) Filipino Science Student
• Internet Worm - Robert Morris
– The world famous worm
– It almost brought development of internet to a complete halt
• Melissa Virus - David Smith
– He was sentenced to 20 months of imprisonment.
• Ms Blaster Worm/W32
– attacks the Microsoft Windows

Comparative Study of Policing


Models
Info: 5339 words (21 pages) Essay
Published: 20th Sep 2021
 Reference this
Jurisdiction / Tag(s): International Law
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Policing is one of the most important of the functions undertaken by the
every sovereign government. For the state machinery, police is an
inevitable organ which would ensure maintenance of law and order, and
also the first link in the criminal justice system. On the other hand, for
common man, police force is a symbol of brute force of authority and at
the same time, the protector from crime. Police men get a corporate
identity from the uniform they wear; the common man identifies,
distinguishes and awes him on account of the same uniform. The police
systems across the world have developed on a socio cultural
background, and for this reason alone huge differences exist between
these police systems. From the singular coordinated centralised system
of police in Saudi Arabia organised under the Ministry of Interior to the
42000 odd police forces that exist in USA, policing mainly rests on either
of the two broad principles: (1) Policing by consent and (2) Policing by
law.
This paper tries to examine the various police systems that exist in the
world, taking Saudi Arabia, China, France, Spain, United Kingdom, the
United States of America and India, as examples of various types of
policing models. The paper takes cue from these systems, their positives
and negatives, and tries to find out how the Indian System, can be
understood in the light of these policing models.
“The modern police service is a varied, multi-layered, responsive
institution working to ensure the safety of Citizens” – UK Home
Office [1] .
The role of a modern police organisation is laid down succinctly in the
above quote appearing in the web page of UK Home Office.The first idea
that comes to our mind when we hear the term “Police” is the idea of a
dominant personality who symbolizes the power of the State and
criminal justice administration system. On the one hand people view
police as a protector of civil liberties and on the other hand police is
viewed as a symbol of brute force of state which oppresses the
legitimate protests with force.
Dictionaries define Police as the governmental department charged with
the regulation and control of the affairs of a community, now chiefly the
department established to maintain order, enforce the law, and prevent
and detect crime.
Significance of Police in Social life:
Police:
Represents the presence of civil body politic in everyday life.
Conveys a sense of power or sacredness that lies at the root of political
order.
Represents the means by which the political authorities maintain status
quo.
Represent the capacity of state to deter citizens from committing acts
that threaten the order they are believed to symbolize.
Gives a corporate identity to the police men. [2]
Basic goals of Policing:
Enforce laws
Preserve peace
Prevent Crimes
Protect civil rights, liberties
Provide services
Role of Police:
The role of police is to address all sorts of problems when and in so far
as their solutions do or possibly require the use of force at the point of
their occurrence. Manning remarks that “…policing is an exercise in
symbolic demarking of what is immoral, wrong and outside the
boundaries of acceptable conduct. It represents the state, morality and
standards of civility and decency by which we judge ourselves [3] . “
Police is viewed as fulfilling the following roles in social life:
A watchman
A Law Enforcer
A Service Provider
Authority of Police:
The authority of police comes from the people- their laws and
institutions. Police agencies are not only part of the community but also
part f the government, which determine their formal base of authority
and of criminal justice system, which determines society’s course in
deterring lawbreakers and rehabilitating offenders. In a Constitutional
system, the ultimate authority springs from the Constitution itself. The
authority of police in every jurisdiction is derived from the sovereign
authority- it could be either the Constitution which gives the elected
government executive authority over the subjects or the “grund norm”
which gives the sovereign authority over its subjects devoid of any
written constitution.
Different Models of Policing:
The organisation of police in different countries is primarily rooted on
the socio-cultural and historic background of the country. For example in
UK which has long tradition of parliamentary democracy, policing works
on the principle of consent by the population, where as in most other
countries, policing power is vested on state by law.
As such the police organisations have nothing in common in many
countries except their basic goals(in some jurisdictions even these goals
do not match!). However criminologists have tried to bring out common
features in police structures world over on the basis of certain features,
the most prominent of them being the command architecture.
1. Classification based on legitimacy or legal backing of police function:
Policing by consent
Policing by law
2. Classification based on Command structure [4] :
Centralised
Decentralised
Single/Singular
China
Saudi Arabia
Not Possible
Multiple
Coordinated
France
UK
Uncoordinated
Spain
USA
India
In this model classification is based on two dimensions:
1. Number of forces to be commanded: If the entire police force in the
country is organised as a single force under a single commander, the
model is called Singular model, and if in a single country, there are a
number of police forces, like in India, it is called “Multiple model”. Inside
the multiple model, if the polices forces have well defined territories of
functioning and their functions do not overlap each other, the model is
called Multiple Coordinated, if the case is reverse as in India, where
many agencies can have overlapping jurisdictions, it is called Multiple
Uncoordinated.
2. Type of forces: If the police forces in a country is highly organised
and having a centralised command, it is called Coordinated Centralised
police force, and if the police forces in a country do not have an
apparent centralised command structure, it is called “decentralised
command structure”.
Comparative Study of Police Systems:
1. Saudi Arabia
Saudi Arabia is a typical model of centralised coordinated police force
with a singular line of command emanating from the King. Both Minister
of Interior and Director of Public Safety are appointed by the King and
both are usually senior members of the King’s family itself. The Police
known as Public Security police is responsible for general policing
throughout the country and derives its authority from Executive Orders
and the Shariah. Public Security Police is divided into Regular Police and
Special Investigative Police (SIP) known as “Mubahit”. Regular Police is
directly under the control of Ministry of Interior, and is run by Director of
Public Safety. SIP works under the control of General Directorate of
Investigation (GIP) and is responsible for criminal investigations and
manages domestic security and counter intelligence functions. In
addition to the Public Security Police, there is also a religious police
called Mutawwiun, which is directly under the King, and whose main
duty is enforcement of Islamic Shariah, Since Mutawwiun generally
takes the form of a religious band, and is not responsible for any general
law and order maintenance functions, they are more a religious sect,
than a police force. Except the Mutawwiun, police force is organised as a
single unit in Saudi Arabia.
While this is the general picture of policing in Saudi Arabia, there are
jurisdictional pockets of tribal authority in Saudi Arabia, which is beyond
the reach of even the King’s justice. In the tribal pockets, the tribal
elders are a law unto themselves and they do not entertain the
interference of any external authorities. So law and order or criminal
investigation issues in these pockets are undertaken by the tribal elders
themselves, with the regular police giving tactical support wherever
required.
One important feature of Saudi Police System is that the line
distinguishing the Saudi Regular Armed forces and Police is very narrow
and many a times the policing functions are amply supported by Saudi
National guard and the armed forces [5] .
2. China
China is another model of Singular Coordinated Centralised police force.
The Ministry of Public Security (MPS) is a functional organization under
the State Council in charge of public security work nationwide. Public
security departments are set in provinces and autonomous regions;
metropolitan public security bureaus are set in direct municipalities;
public security bureaus or divisions are assigned to cities and
prefectures; sub-bureaus are set in sub-regions of cities, under the
direct leadership of their superior public security agencies; public
security bureaus are set in counties and banners, under the leadership
of their respective local government and superior public security
agencies. Dispatched police stations are directly subordinate to their
superior public security bureaus and sub-bureaus in counties and
banners.
3. France
France is a typical example of a police force with Multiple Coordinated
centralised force.
France has two national law enforcement agencies:
Police Nationale, formerly called the Sûreté - a civilian force; primary
responsibility in urban areas; run under the Ministry of the Interior.
Gendarmerie Nationale - a gendarmerie; primary responsibility in rural
areas and military installations; run under the Ministry of Defence and
under operational control, for most purposes, of the Ministry of the
Interior.
Apart from these two, there are other agencies like:
Direction générale des douanes et droits indirects, a civilian customs
service more commonly known as the “Douane”, under the Minister of
Budget, Public Accounting and Civil Servants.
French municipalities may also have a local police called the Police
municipale, Garde municipale or Garde champetre, with restricted
powers: they can only enforce the municipal by-laws [6] .
4. United Kingdom
United Kingdom (UK) which comprises of England, Scotland and
Northern Ireland is the world oldest democracy and policing in UK also
grown from the principle of “policing by consent”. Even though the basic
premise of policing in UK is by consent, the British Police system as it
exists now is more a reverse process of investing more power in people
by law, than policing by consent. As such, the policing in UK has now
become policing by law, but a law which mandates a police which is
accountable to public.
UK is a typical example of Multiple Coordinated Decentralised police
force. UK does not have a national police service, but a network of 43
individual police forces responsible for policing specific counties, cities or
areas, excluding the forces with special jurisdiction. These 43 forces are
formed of more than 140,500 police officers, 14,000 volunteer special
constables and 13,400 community support officers.
UK has a three-way system of responsibility ensures forces run
smoothly:
Home Office funds the police and has the overall responsibility as
overseer and coordinator of the police forces.
Police Authorities make sure local forces operate efficiently and
effectively.
Chief Police Officers have responsibility for the direction and control of
regional forces.
According to UK Home Office, this system prevents political interference
in policing and avoids giving any single organisation power over the
entire police service. In addition there is an independent Police
Complaints Authority and an Inspectorate of Constabulary. While the
Police Complaints Commission examines the complaints against the
police officials, the Inspectorate of Constabulary acts as an audit wing
for the police which examine and assess the efficiency of police. The
Police Reforms Act, 2002 requires the Home Secretary to prepare a
annual Policing Plan and to place it before the legislature. The budgetary
control of each police force rests with the Police Authority, which
consists of at least 17 members. There is representation for local elected
representatives, judiciary and common men, In every police authority,
such representation includes nominations from the Home Office as well
as members selected through an open recruitment process. All bodies
like Inspectorate of Constabulary, Independent Police Complaints
authority and Police Authorities function as independent bodies with
separate corporate identity, distinct from that of police [7] .
5. Spain
Spain is a typical example of a multiple Uncoordinated Centralised police
force. As in almost all European Countries, policing is based on the
principle of “Policing by law”. The system is called Multiple Centralised
uncoordinated force since, there is more than one police force in the
country, but at the top both these forces report to the same authority.
The authority of these forces overlaps in many places.
In conformity with the Constitution, the organic law on law enforcement
bodies defines the structure of public safety in Spain.
Under the Spanish constitution, public safety is the responsibility of the
State alone and national Government’s role to maintain security.
Autonomous communities and local corporations may participate
through their own security forces in the law and order maintenance and
crime investigation functions of police. Spain has a National Police,
which is a civilian force and operates basically in urban areas. The
Guardia Civil (Civil Guard), which is a military force and operates mainly
in rural areas. Local communities have either units of police forces
attached to their executives or their own police forces [8] .
6. United States of America
There’s no national police force in the US, where policing is organised on
a state and local basis. The country has around 500,000 police officers
and a total of 40,000 separate police forces, over half of which are
simply one or two-man sheriffs’ offices in small towns. In addition to
regular full-time police officers, many towns have auxiliary, part-time
police officers, special duty and volunteer sheriff’s posses (which assist
sheriffs’ offices in some areas).
Law enforcement in the United States is decentralized. Federal
authorities deal with violations of federal law that fall within their
specific jurisdictions. There are approximately 65 different federal police
agencies.  At the local level, each of the 50 sovereign states has its own
state legislature that enacts criminal statutes under their state
constitutions. Most of the U.S. States have police at all levels
– municipal, county and state level.
Specific Organisational features of police vary greatly from small
informally organised departments with 2-3 employees to highly
organised metropolitan departments with numerous sub divisions and
thousands of employees.
Police structures vary greatly among and within the federal, state and
local levels. Primary responsibility of policing is at local level. State level
officials have only specific duties [9] .
7. Police in India
India tops the number of Police men in the world countries with
1,032,960 police personnel. USA has the second largest police force in
the world with 941,139 police officers. UK and France come 9th and
10th respectively. However considering the population of the country,
India has only 0.956207 per 1,000 people and comes 47th in the world
countries, while, UK with 2.04871 per 1,000 people stands at 34th
position.
Indian model of police organisation is an example for a multiple
unorganised decentralised policing. In sharp contrast to the British
principle of policing by consent, India follows policing by law. Each state
has its own police force, whose top echelons are filled by officers of
Indian Police Service, which is a central service. Many analysts have
commented that the Indian Police Act, 1861, which was brought into
force immediately after the First War of Indian Independence in 1857
was based on distrust of Indian officials and was aimed at ensuring strict
control over the Indian population. Even after attaining independence,
successive governments did not try to change this basic character of
Indian Police force. Though the framers of the Indian Constitution
envisaged police as a state subject, vide Article 246 read with entries I
& 2 of List II of Seventh Schedule of Indian Constitution, most Indian
states opted to adopt the Indian Police Act, 1861 without any change,
while the very few states, including Kerala which opted for Police Act of
its own, modeled its statute broadly based on the Indian Police Act,
1861 itself. Even the model Police Act, 2008 does not have any basic
difference from the philosophy of Indian Police Act, 1861.
While we can broadly classify the Indian Police organisation as a
multiple, un coordinated, decentralised model, the presence of IPS
officers at the top ranks of most police forces create an oblique
Centralised control.
The quasi-federal character of the Indian polity, with specific provisions
in the Constitution, allows a coordinating and counseling role for the
Centre in police matters and even authorizes it to set up certain central
police organisations.
The head of the police force in each state is the Director General of
Police (DGP) -responsible to the state government for the administration
of the police force in each state, and for advising the government on
police matters. The DGP represents the highest rung in the police
hierarchy.
The hierarchical structure of the police in India follows a vertical
alignment consisting of senior officers drawn, by and large, from The
Indian Police Service (IPS) who do the supervisory work, the “upper
subordinates” (inspectors, sub-inspectors, and asst. sub-inspectors) who
work generally at the police station level, and the police constabulary
who are delegated the patrolling, surveillance, guard duties, and law
and order work. The constabulary accounts for almost 88% of total
police strength.
Section 3 of the Police Act, 1861 vested the superintendence of the
state police force in the state government.
A system of dual control at the district level is introduced under Sec.4 of
Indian Police Act, 1861. It places the police forces under the District
Superintendent of Police, but subject to the “general control and
direction” of the District Magistrate. The draft Police Act, 2008
apparently tries to change this dual control.
Lessons Learned from Comparative
Study:
An analysis of various models brings out the following lessons:
Popular consent on policing is a very uncertain concept and policing by
law and by consent has now become almost intertwined.
Most countries, irrespective of the model they follow, give importance to
public consultations and local help in the policing activities- though
sometimes not formally.
In almost all these sample jurisdictions, with the exception of China,
there is clear separation of crime investigation from law and order
maintenance duties.
Lessons from developmental history of
Indian Police Structure:
At this juncture, it is pertinent to look at the ancient system of policing
that was prevalent in India. A vivid picture of the ancient police system
is available in various ancient texts, including Arthasastra by
Kautilya(Chanakya) [10] .
Ancient Police system in India was based on the principle of local
responsibility and mutual cooperation. In the village, security and peace
was a matter of collective responsibility and shared by every resident of
the village. One of the villages, called, gramneta or village watchman is
responsible to protect the village from the criminals while the body
corporate of the village was bound to make good the loss due to crime
committed within the village limits, except in cases where they were
able to trace the offenders or succeeded in fixing responsibility of crime
upon neighboring villages. [11] This village level responsibility
continues, though in its rudiments, even today, which is seen embodied
in section 40 of Code of Criminal Procedure, 1973, which imposed a duty
on officers employed in connection with the affairs of a village and each
person residing in a village to communicate to the nearest magistrate or
to the officer in charge of the nearest police station certain information.
“Regulations for the Police of Collectorships of Bengal Bihar and Orissa”,
known as Regulation No XXII of 1793 of Lord Cornwallis, made the
Police in the country the exclusive charge of the Government and who
may be specially appointed to that trust. [12]
Police commission of 1860, whose recommendations culminated in the
Indian Police Act, 1861, recommended that Police under each local
government or administration shall constitute one force and be under
the officer to be styled Inspector General of Police, in whom should be
vested the control over the organization, the responsibility of
maintaining it in a state of efficiency by proper attention to its training
and discipline, internal economy and its general rearrangement through
its own officers. It was also inter alia recommended that the office of
Village watchman should be retained, being an ancient institution of
India, since village watchman was “a man of village but not enough an
official to be alien or obnoxious to the villagers, but only an official to be
amenable to systems and reliable for duty on behalf of the police.” [13]
Thus, it can be seen that the British how much so ever they were
contemptuous of the integrity of local people, were convinced that the
policing would not be successful without a tolerably reliable agency in
the villages.
The Indian Police Act, 1861 did not come into force automatically in all
the provinces since there was a provision in it, which stipulated that the
Act would be applicable to any province only when so notified by
Governor General in Council. The Act was never applied in Provinces of
Madras, Bombay and Sind, which had separate Police Acts. (Police Act of
1859 in Madras and Bombay District Police Act II of 1867 in Bombay,
were almost similar to Indian Police Act, 1861 with certain changes
based on local conditions).
The Police Commission of 1902 recommended setting up separate
Criminal Investigation Department in each province for collecting and
distributing information regarding criminals and organized crimes and
for assisting in the investigation of complicated cases. It also
recommended establishing an organization under Inspector General of
Police, for the whole of India in the line of Police Organisation for
Provinces. It also contained an important recommendation outlining the
paramount importance to develop and foster the existing village agency
for police work.
A comparative study of the policing across the models examined,
undertaken by Nation Master [14] shows that of the models examined,
the percentage rate of public confidence in policing is as follows:
United Kingdom: 77%
USA : 73%
France : 67%
The other countries including India are not even featuring in the
sampling. This can give rise to an assumption that multiple police forces
instill more confidence in the public about the policing, as they have
more reach than a singular system as followed in Saudi Arabia or China,
but this conclusion should be taken only against the caution that the
sampling may not even have included these countries.
Assimilation of Lessons:
While as a democracy, India should be striving towards an inclusive
policing, where the policing functions are carried out on the basis of
popular consent, accountability and transparency is also required and in
this the British models of making police accountable to the public is
worth emulation. In fact, the Police Complaints Authority (PCA), which is
already brought in force in many states in India as an aftermath of
Prakash Singh judgment, [15] is nothing but a copy of the English
model.
While the emphasis of the UK model is participatory management of the
police system, it appears that emphasis of the Indian models is to vest
more discretion on the executive authorities.
It is also sad to note that there are no suggestions in the existing reform
recommendations [16] to augment the existing system of village level
cooperation in policing. S 72 of the draft Kerala Police Act, 2008 for
example provides for a system of community policing, which perhaps is
the sole proposition in the whole of the draft statute that calls for
community consultations. However, there are no provisions which make
the recommendations of the Community Liaison Group mandatory and
this would make the community policing an exercise to create
informants rather than participants in the policing process.
Even the Police commissions appointed by successive governments
which formed the basis of the guidelines issued by the Supreme
Court [17] in this regard, did not give as much thrust to the
democratization as to the independence of the police force from the
governmental intervention.
Conclusion & Suggestions:
On the basis of the analysis of the police systems across countries, the
following suggestions are made:
There is a need to amend the various Police Acts in the country to bring
in more accountability and transparency in the functioning of police.
Instead of governmental functionaries, independent personnel having
wide experience and knowledge in law, management, accounting, social
service etc, should be appointed as members of the bodies which make
appointments and handle complaints against police.
As pointed out in Prakash Singh judgment [18] , there should be
independent Police Complaints Authority to handle complaints against
police men and independent State Security Commission to handle
appointment of top officials of police. The members of these bodies
should be selected through an open recruitment process, and the
selection committee can comprise of the members mentioned currently
as members of State Security Commission. At least 1/3rd of the
members of the State Security commission and Police Complaints
Authority shall be drawn from judiciary/legal academicians in
consultation with the Chief Justice of High Court.
Functions of State Security Commission should also include a general
supervision of the investigative functions, including providing facilities
for crime investigation, though it is not desirable to give the Commission
any powers to interfere in case to case investigation.
State Security Commission as envisaged by National Police Commission
draft is also an appellate authority to whom complaints regarding illegal
or irregular orders from superiors is to be made. A proper avenue for
venting such complaint and more importantly for recording the same,
would create a sense of independence in the police psyche which is
essential to ensure a free and fearless police force.
The Police Complaints Authority should be given the powers to record all
sorts of complaints against the police officers and to publish the details
there of in the website for public scrutiny. This would help a greater
accountability in the police.
There should be a proper enforcement mechanism for the findings of
Police Complaints Authority. The findings of the Authority should be final
and the Police Complaints Authority should be designated as the sole
disciplinary authority over the police officials, failing with the exercise of
Police Complaints Authority in discharge of their duties would go waste
In conclusion, it must be said that if the policing in India has to imbibe
the true spirit of community participation and become a role model for
the policing, then the emphasis on executive discretion should give way
to participatory policing and there administration of police should be
made more transparent and participatory. It should be borne in mind
that in a modern democracy police has a great role in keeping the social
fabric together and ensuring the continuance of democracy. Hence it is
important to modify the negative perception about the police that is
deep rooted in the commoners psyche as an instrument of torture by
the power wielders, and to create a feeling of comity in the public mind
that police is their friend and guide and the representative of common
men in combating crime, who is accountable to public for their deeds
and misdeeds. Equally important is the feeling of comfort in the minds of
police men who should be freed from arbitrary interference from
powers-that-be in discharge of their duties to ensure their allegiance to
cause of common men and to uphold the scepter of justice entrusted to
them by law in a just and equitable manner, acceptable to common man.

ASHCARDS IN COMPARATIVE POLICE SYSTEM DECK (43)


1
a composition of INTERPOL that are experts in a purely advisory
capacity, who may be appointed by the executives committee and
confirmed by the general assembly

advisers
2
a theory of comparative policing which states that as a nation
develops, people's alertness to crime is heightened. they report
more crime ot police and demand the police to become more
effective in soling crime problems

alertness to crime theory


3
a form of gov. where there is no governing person (government),
but each individual has absolute liberty (without the implication of
liberty)

anarchy
4
a form of government in which the political in which select few
such as most wise, strong, or contributing citizens rule

aristocracy
5
a form of government in which the political power is held by a
single, self-appointed ruler

autocracy
6
it is a type of INTERPOL notice to seek information on unidentified
bodies

black notes
7
it is a type of INTERPOL notice to proved warnings and
intelligence about persons who have committed criminal offences
and are likely ro repeat these crimes in other countries

blue notes
8
it is the rural equivalent of the urban kuban police in japan

chuzaisho
9
type of police system that are also known as continental justice

civil law system


10
denotes the degree or grade by which a person, thing or other,
entity has a property or quality or less in extent than that of
another

comparative
11
type of police system that are practiced throughout most of the
european union as well as elsewhere, in places such as sweden,
germany, france, and japan.

civil law system


12
it is the highest police rank in hongkong

commissiner of police
13
type of police system that are also known as romano-germanic
justice

civil law system


14
CCF

commission of control of INTERPOL files


15
process of outlining the similarities and differences of one police
system to another in order to discover insights in the field of
international policing

comparative police system


16
a form of government where a corporation, a group of
corporations, or government entities with private components,
control the direction and governance of country

corporatocracy or corpocracy
17
it is the identification of and provision of insight into the relationship
between crime data and other potentially relevant data with a view
to police and judicial practice

criminal intelligence analysis


18
a theory of comparative policing whoch is based on the event
when a greater number of children are being born. as these baby
booms grow up, delinquent subcultures develop out of the
adolescent identity crisis.

demographic theory
19
a theory of comparative policing which states that progress comes
along with rising expectations. people at the bottom develop
unrealistic expectations agency (PDEA) under the office of the
president

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deprivation theory
20
the federal police agency in USA taht enforces federal drug laws

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drug enforcement administration (DEA)
21
a theory of comparative policing which states that crime
everywhere is the result of unrestrained migration and
overpopulation in urban areas such as ghettos and slums

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economic or migration theory
22
it is tge counterpart f police force of the philippine national police
(PNP) in mexico
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federal police of mexico
23
formerly known as "london metropolitan olice" that is referred to as
metropolitan police service in england. founded by sir robert peel

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scotland yard
24
father of modern policing system

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sir robert peel
25
it emphasizes on helping the community, as opposed to enforcing
the law

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sevice policing
26
a federal police agency in USA responsible in protecting all living
current and former US president and their families. in the
philippines, it is known as the presidential security group (PSG)

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secret service
27
type of police system that is aslo known as marxist-leninist justice.

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socialist systems
28
it is paramilitary anti terrorist unit under the japanese national
police agency

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special assault team (SAT)
29
provides the singapore police forcre with a tactical armed
responce capability

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special tactics and rescue (STAR) unit
30
a theory of comparative policing which suggests that progressive
lifestyles and norms result in the disintegration of older norms that
once held people together

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theory of anomie and synomie
31
policing in the US

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US police department
32
US oplice department is divided into 4 broad categories

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federal, state, country and city police
33
it is the north atlantic treaty organization that refers to the USA and
european countries, socialist and communist countries include
russia

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warsaw pact
34
it emphizes on informal means of resolving disputes

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watchman policing
35
a police force that is giving service to the world's largest non
federated area of jurisdiction consistin of 2.5 million square
kilometers

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western austalia police
36
it is a type of INTERPOL notice to help locate missing persons.
often minor, or to help identify persons who are unable to identify
themselves

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yellow notice
37
it is a type of INTERPOL notice to provide information on modi
operandi, procedures, objects, devices or hiding places used by
criminals.

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purple notice
38
it is a type of INTERPOL notice to warn of an event, a person, an
object or a process representing an imminent threat and danger to
persons or property.

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orange notice
39
it is a type of INTERPOL notice to seek information on unidentified
bodies.

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black notice
40
it is a type of INTERPOL notice to warn about a person's criminal
activities if that person is considered to be a possible threat to
public safety.

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green notice
41
it is a type of INTERPOL notice to locate, identify or obtain
information on a person of interest in a criminal investigation.

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blue notice
42
it is a type of INTERPOL notice to seek the location and arrest of a
person wanted by a judicial jurisdiction or an international tribunal
with a view to his/her extradition.

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red notice
43
it is a type of INTERPOL notice to inform Interpol's members that
an individual or an entity is subject to UN sanctions

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