Lea2 Chapter 1-3
Lea2 Chapter 1-3
Lea2 Chapter 1-3
CHAPTER I
HISTORY OF POLICING
Home Rule the theory of police service which states that police officers are
servants of the community or the people. This theory prevails in England and
United States. It is also the police service which prevails in country with
decentralized form of government. This is likewise the police service theory
that should prevail in the Philippines based on the existing laws, concepts and
principles.
1
MODULE: COMPARATIVE MODELS IN POLICING
Deviance Control = is the modern police function which primarily involves the
mission to reinforce community values and laws. This was adopted by
Germany, China and Japan.
C. Trial by Ordeal
A judicial practice where in the guilt or innocence of the accused is
determined by subjecting him to an unpleasant, usually dangerous, experience.
(In present terminologies, it would mean an employment of a “3rd degree.”)
The word “ordeal” was derived from the Medieval Latin word “Dei Indicum”
which means “a miraculous decision.”
This system of policing existed during the time of Norman William The
Conqueror (King of France). When he invaded and conquered England, a
military regime of conquers and dictators began and changed the concept of
crime being committed against the state.
A. Shire-Rieve
Shire-Rieve was a policing system during the Norman Period when
England was divided into fifty-five (55) military areas, each headed by a ruler
called the Rieve (head-man or lieutenant of the army). The fifty-five (55)
2
MODULE: COMPARATIVE MODELS IN POLICING
military divisions in England are called shires. The shire-rieve had absolute
powers that no one could questions his or her actions.
Two “Constabuli” or “The Keeper of the Horse” were appointed to each
village to aid the Rieve in his duties. It became the source of the word
Constable.
The term “Shire-Rieve” is said to be the origin of the word “Sheriff.”
C. Legis Henrici
An act that was enacted during this period with the following features:
Offenses were classified as against the king and individual.
Policeman becomes public servant.
The police and the citizens have the broad power to arrest. It introduced
the system called “citizen’s arrest.”
Grand Jury was created to inquire on the facts of the law. A system
which made inquisition onto the facts of a crime and eliminate the
“Anglo-Saxon Trial or “Trial by Ordeal System.”
D. Frankpledge System
A system of policing whereby a group of ten neighboring male residents
over twelve years of age were required to guard the town to preserve peace
and protect the lives and properties of the people
3
MODULE: COMPARATIVE MODELS IN POLICING
B. Statute of 1295
The law that marks the beginning of the curfew hours, which demanded
the closing of the gates of London during sundown.
C. Justice of the Peace (About 1361)
Three or four men who were learned in the law of the land were given
authority to pursue, arrest, chastise and imprisonment violators of law.
They handled felonies, misdemeanors and infractions of city or village
ordinances. This was later abolished about 75 years after.
D. Star Chamber Court (1487)
A special court designed to try offenders against the state. The room
set-up is formed in a shape of a star and judges were given great powers
such as the power to force testimony from a defendant leading to a great
abuse of power or brutality on the part of the judges.
4
MODULE: COMPARATIVE MODELS IN POLICING
LONDON POLICING PRIOR TO 1829
Henry Fielding = appointed as Magistrate in 1748, introduced the first
detective force, known as the Bow Street Runners.
1798 = Marine Police Force was established, salaried constables were being
paid by local magistrates.
= initially made up of 220 Constables assisted by 1,000 registered dock
workers, and was responsible for preventing the theft of cargo. = widely
regarded as being the first modern police force in the world, in the sense
that they were not government controlled and were responsible for the
prevention of crime.
LONDON 1829
IMPORTANT DATES
1833 = Coldbath Fields Riot (Grays Inn Road). A major crowd
disturbance dealt with by the Metropolitan Police with controversial
use of force.
1836 = The Metropolitan Police absorb the Bow Street Horse Patrol
into its control.
5
MODULE: COMPARATIVE MODELS IN POLICING
1838 = incorporates Marine Police and Bow Street Runners into the
Metropolitan Police and the disbandment of the Bow Street Office and
other Offices. These were all agreed and put into effect.
6
MODULE: COMPARATIVE MODELS IN POLICING
CHAPTER II.
BASIC CONCEPTS AND DEFINITIONS
Transnational crime
It is a term that has been used in comparative and international criminal justice
study in recent years to reflect the complexity and enormity of global crime
issues. It is defined by the United Nations (UN) offences whose inception,
proportion and/or direct or indirect effects involve in more than one country.
Examples are:
Money laundering
Drug trafficking
Terrorism
Human trafficking
Cyber crimes
International Crime
Defined as crimes against the peace and security of mankind (Adler, Mueller,
and Laufer, 1994). The UN has identified the following as international crimes.
Aggression (by one state against another)
Treat of aggression
1
MODULE: COMPARATIVE MODELS IN POLICING
Genocide (destroying a national, ethnic, racial, or religious group)
Terrorism
Drug trafficking
2
MODULE: COMPARATIVE MODELS IN POLICING
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.
3
MODULE: COMPARATIVE MODELS IN POLICING
5. Military police
6. Religious police
7. Border police
8. Transport police
4
MODULE: COMPARATIVE MODELS IN POLICING
As to participation of civilian, accreditation of individuals who are not members
of the PNP but with specialization in the fields related to law enforcement is
encourage. For example, priest, pastors and ministries may be involved in
values trainings of the PNP. Biologist, Ballisticians and other related
profession may be accredited to help in law enforcement exercises.
Another on organization and supervision, the PNP may be separated and be
fully controlled and supervised by the National Police Commission without
interference of local executives.
For example, a City Chief of Police could have same position as a City Mayor.
The former is in charge with peace and order and law enforcement concerns
while the last later is more an administration of the city’s concern not covering
the concern of the chief of police. Coordination and cooperation are imperative
in this recommendation. This idea will empower the PNP to initiate a more
constructive and practical ways to improve peace and order.This
recommendation may also reduce the incidence of taking orders from the
whims and caprices of corrupt politicians, examplesis the Maguindanao
Massacre.
1. Adversarial System
In adversarial the accused is innocent until proven guilty, and inquisitorial,
where the accused is guilty until proven innocent or mitigated. 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. 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.
2. Inquisitorial Systems
Where lesser rights are granted to the accused, and the written law is taken as
gospel and subject to little interpretation.
5
MODULE: COMPARATIVE MODELS IN POLICING
CHAPTER III.
GLOBALIZATION AND INTERPOL
Globalization
Globalization is a process of interaction and integration among the people,
companies, and government of different nations, as process driven by
international trade and investment and aided by information technology. This
process has effects on the environment, on culture, on political systems, on
economic development and prosperity, and on human physical wellbeing in
societies around the world. In economic context, it refers to the reduction and
removal of barriers between national borders in order to facilitate to flow of
goods, capital, services and labor..although considerable barriers remain to
the flow of labor.
1
MODULE: COMPARATIVE MODELS IN POLICING
Criminals have taken advantage of transitioning and more open
economies to establish front companies and quasi-legitimate businesses
that facilitates smuggling, money laundering, financial frauds, intellectual
property piracy, and other illicit ventures.
Criminal groups have taken advantage of the high volume of legitimate
trade to smuggle drugs, arms, and other contraband across national
boundaries.
Criminals are able to exploit the complexity of the international system to
hide drugs or other contraband or to conceal the true origin and ownership
of cargo within contraband is hidden.
Through the use of computers, international criminals have an
unprecedented capability to obtain, process, and protect information and
sidestep law enforcement investigations. They can use the interactive
capabilities of advanced computer and telecommunications systems to
plot marketing strategies for drugs and other illicit commodities, to find the
most efficient
routes and methods for smuggling and moving money or banking security.
International criminals also take advantage of the speed and magnitude of
financial transactions and the fact that there are few safeguards to prevent
abuse of the system to move large amounts of money without scrutiny. More
threateningly, some criminals organizations appear to be adept at using
technology for counter intelligence purpose and for tracking law enforcement
activities.
2
MODULE: COMPARATIVE MODELS IN POLICING
Objectives of ASEANAPOL
1. Enhancing police professionalism
2. Forging stronger regional co-operation in police work and promoting lasting
friendship among the police officers of ASEAN countries.
EUROPOL
It means European Police Office or Europol
Europal is the European Union’s criminal intelligence agency. It became fully
operational on 1 July 1999
Aim of Europol
Europol’s aim 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. Its
mission is to make a significant contribution to the European Union’s law
enforcement efforts targeting organized crime.
Mission of Europol
The mission of Europol is to make a significant contribution to the European
Union’s law enforcement action against organized crime and terrorism with an
emphasis on targeting criminal organizations.
Europol Assist Member States Investigations
Europol supports the law enforcement activities of the member states by:
Facilitating the exchange of information between Europol and Europol
Liaison Officers (ELO’s) are seconded the Europol by the Members States
as representatives of their national law enforcement agencies, thus they
are not under the command of Europol and its Director as such.
Furthermore, they act in accordance with their national law.
Providing operational analysis and support to Member States operations;
3
MODULE: COMPARATIVE MODELS IN POLICING
Providing expertise and technical support for investigations and operations
carried out within the EU, under the supervision and the legal responsibility
of the Member States;
Generating strategic reports (e.g. threat assessment) and crime analysis
on the basis of information and intelligence supplied by Member States or
gathered from other sources.
Europol’ss mandate
Europols supports the law enforcement activities of the member states mainly
against:
Illicit drug trafficking
Illicit immigration networks;
Terrorism; Forgery of money (counterfeiting of the euro) and other
means of
payment;
Trafficking in human beings (including child pornography);
Illicit vehicle trafficking;
Money laundering.
Yes, Europol only acts on request at present. However, the Protocol of the
28 November 2002 amending the Europol convention, allows Europol to
request the competent authorities of the Member States to investigate. Article
3 b) of the Protocol states that “Member States should be deal with any
request from Europol to initiate, conduct or co-ordinate investigations in
specific cases and should give such requests due consideration. Europol
should be informed whether the requested investigation will be initiated”.
IACP
It stands for International Association of Chiefs of Police.
The International Association
of Chiefs of Police is the world’s oldest and largest nonprofit membership
organization of police executives, with over 20,000 members in over 80
different countries. IACP’s leadership consists of the operating chief executes
of international, federal, state and local agencies of all sizes.
4
MODULE: COMPARATIVE MODELS IN POLICING
2. Promote enhanced administrative, technical, and operational police
practices, foster cooperation and the exchange of information and experience
among police leaders and police organizations of recognized professional and
technical standing throughout the world.
Interpol
5
MODULE: COMPARATIVE MODELS IN POLICING
different countries and in the spirit of the Universal Declaration of
Human Rights. Interpol’s constitution prohibits ‘any intervention or
activities of a political, military, religious or racial character.’
6
MODULE: COMPARATIVE MODELS IN POLICING
Purple Notice To provide information on modus operandi, procedures, and
hiding places used by criminals. To warn of an event, a person, an object or a
process representing a serious and imminent threat to public safety.
Interpol’s Structure
General Assembly
Executive Committee
General Secretariat
National Central Bureaus
Advisers
The Commission for the Control of Interpol’s Files
General Assembly
7
MODULE: COMPARATIVE MODELS IN POLICING
Executive Committee
President
Vice Presidents
Delegates
The former Filipino President of INTERPOL in 1980 – 1984 - Jolly R.
Bugarin (Philippines)
General Secretariat
Located in Lyon, France, the General Secretariat operates 24
hours a day, 365 days a year and is run by the Secretary General.
Officials from more than 80 countries work side-by-side in any of
the Organization’s four official languages: Arabic, English, French
8
MODULE: COMPARATIVE MODELS IN POLICING
and Spanish. The Secretariat has seven regional offices across
the world; in Argentina, Cameroon, Côte d’Ivoire, El Salvador,
Kenya, Thailand and Zimbabwe, along with Special
Representatives at the United Nations in New York and at the
European Union in Brussels.
Secretary General
The Secretary General of the Organization is appointed by
the General Assembly for a period of 5 years. He may be
re-elected.
9
MODULE: COMPARATIVE MODELS IN POLICING
Djibouti | Dominica | Dominican Republic Ecuador | Egypt | El
Salvador | Equatorial Guinea | Eritrea | Estonia | Ethiopia Fiji |
Finland | Former Yugoslav Republic of Macedonia Gabon |
Gambia | Georgia | Germany | Ghana | Greece | Grenada |
Guatemala | Guinea | Guinea Bissau | Guyana | France Haiti |
Honduras | Hungary Iceland | India | Indonesia | Iran | Iraq | Ireland |
Israel | Italy Jamaica | Japan | Jordan Kazakhstan | Kenya | Korea
(Rep. of) |Kuwait | Kyrgyzstan Laos | Latvia | Lebanon | Lesotho |
Liberia | Libya | Liechtenstein | Lithuania | Luxembourg
Madagascar | Malawi | Malaysia | Maldives | Mali | Malta | Marshall
Islands | Mauritania | Mauritius | Mexico | Moldova | Monaco |
Mongolia | Montenegro | Morocco | Mozambique | Myanmar
Namibia | Nauru | Nepal | Netherlands | Netherlands Antilles | New
Zealand | Nicaragua | Niger | Nigeria | Norway Oman Pakistan |
Panama | Papua New Guinea |Paraguay | Peru | Philippines |
Poland | Portugal Qatar Romania | Russia | Rwanda St Kitts &
Nevis | St Lucia | St Vincent & the Grenadines | Samoa | San
Marino | Sao Tome & Principe | Saudi Arabia | Senegal | Serbia |
Seychelles | Sierra Leone | Singapore | Slovakia | Slovenia |
Somalia | South Africa | Spain | Sri Lanka | Sudan | Suriname |
Swaziland | Sweden | Switzerland | Syria Tajikistan | Tanzania |
Thailand | Timor - Leste | Togo | Tonga | Trinidad & Tobago |
Tunisia | Turkey | Turkmenistan Uganda | Ukraine | United Arab
Emirates | United Kingdom | United States | Uruguay | Uzbekistan
Vatican City State | Venezuela | Vietnam Yemen Zambia |
Zimbabwe
Sub
Bureaus
10
MODULE: COMPARATIVE MODELS IN POLICING
The Emblem
INTERPOL
The olive branches in either sides of the globe symbolize
PEACE
the name 'INTERPOL' below the globe in the center of the olive
branches
The Vertical Sword behind the globe, representing police action
The Scales below the olive branches symbolize JUSTICE
The flag
The flag has been in use since 1950, it has a light-blue
background the emblem is in the center the four lightning flashes
arranged symmetrically around the emblem represent
telecommunications and speed in police action.
11
MODULE: COMPARATIVE MODELS IN POLICING
'INTERPOL' as the telegraphic address (Resolution
AGN/16/RES/12)
At the 1949 General Assembly session in Berne, the
organization (then known as the International Criminal
Police Commission) adopted the INTERPOL emblem and
flag
At the 1956 General Assembly session in Vienna, the name
'International Criminal Police Organization' was adopted
At the 1958 General Assembly session in London, member
states were asked to take measures to protect the word
'INTERPOL' (AGN/27/RES/1)
At its 1961 session in Copenhagen, the General Assembly
recommended that members take further measures to
protect the name 'ICPO-INTERPOL' from unauthorized use
(AGN/30/RES/6)
At the 1972 General Assembly session in Frankfurt,
Indonesia proposed that Interpol’s emblem be modified so
that all regions would be represented.
At the 1973 General Assembly session in Vienna, the
emblem was modified, and now depicts all the regions of
the world.
12
MODULE: COMPARATIVE MODELS IN POLICING
Where appropriate, the media (documents, films, etc.) must
be submitted to the organization for approval before publication.
The first four were designated by the President, and the last four
were unanimously chosen by members of the NATIONAL Law
Enforcement
13
MODULE: COMPARATIVE MODELS IN POLICING
14
MODULE: COMPARATIVE MODELS IN POLICING
CHAPTER IV.
TRANSNATIONAL ORGANIZED CRIME
1
MODULE: COMPARATIVE MODELS IN POLICING
Underground criminal societies based in Hong Kong. They control secret
markets and bus routes and are often involved in money laundering and drug
trafficking.
Heijin
Taiwanese gangsters who are often executives in large corporations. They are
often involved in white collar crimes, such as illegal stock trading and bribery,
and sometimes run for public office.
Jao Pho.
Organized crime group in Thailand. They are often involved in illegal political
and business activity.
Red Wa.
Gangsters from Thailand. They are involved in manufacturing and trafficking
methamphetamine.
2
MODULE: COMPARATIVE MODELS IN POLICING
Drug Trafficking
Drug trafficking involves selling drugs and drug paraphernalia, whether is it
local exchange between a user and a dealer or a major international operation.
Drug trafficking A problem that affects every nation in the world and exists in
many levels. Drug trafficking is the commercial exchange of drugs and drug
paraphernalia. This include any equipment used to manufacture illegal drugs
or use them.
Cybercrimes
Cybercrimes are generally defined as any type of illegal activity that makes
use of the Internet, a private or public network, or an in-house computer
system. While many forms of cybercrime revolve around the appropriation of
proprietary information for unauthorized use, other examples are focused more
on a invasion of privacy. As a growing problem around the world, many
countries are beginning to implement laws and other regulatory mechanisms in
an attempt to minimize the incidence of cybercrime.
Cybercrimes - are generally defined as any type of illegal activity that makes
use of the Internet, a private or public network, or an in-house computer
system.
Cyberstalking - a technologically based attack on person because of anger,
revenge, or control.
Computer Fraud - altering data or gaining unlawful use of computer or
services.
Identity Theft - using another's personal information to commit fraud or other
crimes.
Computer Viruses - a program that copies itself and infects a computer.
3
MODULE: COMPARATIVE MODELS IN POLICING
Cybercrimes
1. The use of violence and threats to intimidate or coerce, especially for
political
purposes.
2. The state of fear and submission produced by terrorism for terrorization.
3. A terroristic method of governing or of resisting a government.
Terrorism is the systematic use of terror especially as a means of coercion. At
present, the International community has been unable to formulate a university
agreed, legally binding, criminal law definition of terrorism. Common definitions
of terrorism refer only to those violent acts which are intended to create fear
(terror), are perpetrated for a religious, political, or ideological goal, and
deliberately target or disregard the safety of non-combatants (civilians). Some
definitions also include acts of unlawful violence and war. This history of
terrorism organizations suggest that they do not select terrorism for its political
effectiveness. Individual terrorists tend to be motivated more by a desire for
social solidarity with other members of their organization than by political
platforms or strategic objectives, which are often murky and undefined.
4
MODULE: COMPARATIVE MODELS IN POLICING
Money Laundering
Money Laundering is the process of creating the appearance that large
amounts of money obtained from serious crimes, such as drug trafficking,
originated from a legitimate source. It is a crime in many jurisdictions with
varying definitions. It is a key operation of the underground economy.