Lea2 Chapter 1-3

Download as pdf or txt
Download as pdf or txt
You are on page 1of 30

MODULE: COMPARATIVE MODELS IN POLICING

CHAPTER I
HISTORY OF POLICING

Objectives: At the end of this chapter,students should be able to:


Know the different types of Police System.
Distinguish the theories in Police Service.
Familiar to the evolution of Policing System.

TYPES OF POLICE SYSTEM


1. Common Law Systems usually exists in English speaking countries of the
world
there is strong adversarial system and rely upon oral system of evidence in
which the public trial is a main focal point
also known as “Anglo-American Justice”
2. Civil Law Systems - distinguished by strong inquisitorial system where less
right is granted to the accused and the written law is taken as gospel and
subject to little interpretation
also known as “Continental Justice or Romano-Germanic Justice”
3. Socialist System- distinguished by procedures designed to rehabilitate the
offender.
known as Marxist-Leninist Justice and exist in places such as Africa and
Asia
4. Islamic System - based more on the concept of natural justice or customary
law or tribal traditions

THEORIES OF POLICE SERVICE


Continental is the theory of police
service which maintains that police
officers are servants of higher
authorities. This theory prevails in the
continental countries like France, Italy
and Spain.

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.

CONCEPT OF POLICE SERVICE


a. Old police service = states that the yardstick of police proficiency
relies on the number of arrest made.
b. Modern police service = states that the yardstick of police proficiency
relies on the absence of crime.

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.

Civil order control = is not organizationally separated from deviance control


but is performed by regular street police in the country of England and United
States.

EVOLUTION OF POLICING SYSTEM


 Praetorian guards = military bodies who serve as guardians of peace
in ancient Rome in which the idea of policing said to have originated
 Officer de la Paix = a French term which claimed to be the origin of the
term Police Officer

1. Anglo-Saxon Period of Policing System (Ancient England)

A. Tun Policing System


A system of policing emerged during the Anglo-Saxon period whereby all
male residents were required to guard the town (tun) to preserve peace
and protect the lives and properties of the people.
About 700 AD, the people living in England in small rural towns used the
Anglo-Saxon System. Ten families in a town (tun) equaled a tithing. Each
tithing elected a leader who was known as the Tithingman. Since 10 tithings
amounted to 100, the leader of the 100 families was named the reeve. Both
the tithingman and reeve were elected officials. They possessed judicial
power as well as police authority.

B. Hue and Cry


A village law started in Britain which provided methods of apprehending a
criminal by an act of the complainant to shout to call all male residents to
assemble and arrest the suspect.

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.”

2. Norman Period of Policing System

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.”

B. Travelling Judge or Circuit Judge


A judge selected to hear cases which were formerly being judged by the
Shire-Rieve and tasked to travel through and hear criminal cases. This was
the first instance of the division of the police and judicial powers.

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. Westminster Period of Policing System


It is called by this name because the laws governing policing came out of
the capital of England, which at the time was Westminster. This period has
the following features:
 Guards were appointed and the duties of the constables at night
(watch) and in daytime (ward) were defined
 Statute of Westminster of 1285, a collection of regulations aimed at
keeping the peace.

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. Keepers of the Peace


A proclamation issued by King Richard of England sometime in 1195 that
required the appointment of knights to keep the King’s peace by standing as
guards on bridges and gates while checking the people entering and
leaving the cities and towns.

5. King Charles II of England (1663)


King Charles II passed an act which established or promoted the
employment of watchmen or bellmen to be on duty from sunset to sunrise.

6. Magna Carta or "The Great Charter"


A law promulgated by King John of England upon the demand of the
Knights of the Round Table forcing the King to sign the same with the
following features:
 No freeman shall be taken, imprisoned, banished or exiled except by
legal judgment of his peers.
 No person shall be tried for murder unless there is proof of the body of
the victim.

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.

Bow Runners = a group of men organized by Henry Fielding and named by


his brother John Fielding task to catch thieves and robbers
identified by carrying a Tipstaff with the Royal Crown
= made up of eight constables who also investigated crimes handed over
to them by the volunteer constables and watchmen

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

Sir Robert Peel - appointed as Home Secretary in 1822


METROPOLITAN POLICE = organized in 1829 by Sir Robert Peel
(Metropolitan Police Act of 1829)
= the largest of the police services that operate in greater London (the
others include the City of London Police and the British Transport Police)
= finest police force around the world.

TOTAL POLICING = motto of London Metropolitan Police

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.

Administration Policing Principles of London Metropolitan Police


1. Stable and effective civil police under government control
2. Absence of crime is the best proof of efficiency
3. Fast distribution of crime news to the police is essential.

 Commissioner = highest rank in the Metropolitan Police


 Police Constable = lowest rank

Contributions of the French in Policing


 Assigning house numbers
 Installing street lights
 Use of police ambulances
 Use of warrant card and ID signifying the authority to arrest

Topics Video Links


Common Law vs. Civil Law https://www.youtube.com/watch?v
=AMSlQ3KUQQ8
Theories in Police Service https://www.youtube.com/watch?v
=_2M0OcvLUY8
Ancient Police https://www.youtube.com/watch?v
=xnxlq5XQMkg

References: Dr. Vic Delos Santos; Comparative Police System Reviewer


RKM Solutions

6
MODULE: COMPARATIVE MODELS IN POLICING

CHAPTER II.
BASIC CONCEPTS AND DEFINITIONS

Objectives: At the end of this chapter,students should be able to:


Define Comparative Police System
Explain the Theories of Comparative Criminology
Types of Court Systems of the World

Comparative Police System


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.

Comparative Criminal Justice

It is subfield of the study of Criminal Justice that compares justice systems


worldwide. Such study can take a descriptive, historical , or political approach.
It studies the similarities and differences in structure, goals, punishment and
emphasis on rights as well as the history and political stature of different
systems.

Basic functions of criminal justice system


policing
adjudication
corrections

International Criminal Justice


It involves the study and description of one country’s law, criminal procedure,
or justice (Erika Fairchild). Comparative criminal justice system attempts to
build on the knowledge of criminal justice in one country by investigating and
evaluating, in terms of another country, culture, or institution.

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

Model system is used to described the countries being used as topics of


discussion.
These countries are chosen not because they are greater than others but
because they are the focus of comparison being studied.

Why compare systems and issues in criminal justice?


According to Harry Damner there are many reasons why we need to compare
but the
basic reasons are:
 To benefit from the experience of others
 To broaden our understanding of the different cultures and approaches
to problems
 To help us deal with the many transnational crime problems that plague
our world today
Four types of societies
The following are the four types of societies in the world that comparativists
study:
1. Folk-communal societies are also called primitive societies.
A folk-communal society has little codification law, no specification among
police, and a system of punishment that just lets things go for a while without
attention until things become too much, and then harsh, barbatic punishment is
resorted to.
Classic examples include the early Roman gentles, African and Middle
Eastern tribes, and Puritan settlements in North America (with the Salem “with
trials”).
2. Urban-commercial societies, which rely on trade as the essence of
their market system.
An 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.
3. Urban-industrial societies, which produce which produce most of the
goods and services
they need without government interference. An urban-industrial society not
only has codified laws (statutes that prohibit) but laws
that prescribes 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.
4. Bureaucratic societies are modern post-industrial societies where the
emphasis is upontechnique or the “technologizing” of everything, with the
government.
A 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

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.

Comparative research is usually carried out by the following:


A. “Safari” method (a researcher visits another country) or “collaborative”
method (the researcher communicates with a foreign researcher).
B. Published works tend to fall into three categories:
Single – culture studies (the crime problem of a single foreign country is
discussed)
Two-culture studies (the most common type) Comprehensive textbooks (it
covers three or more countries). The examination of crime and its control in the
comparative context often requires an historical perspective since the
phenomena under study are seen as having developed under unique social,
economic, and political structures.
C. Historical-comprehensive method- the most often employed by
researchers. It is basically an alternative to both quantitative and qualitative
research methods that is sometimes called
historiography or holism.

Theories of Comparative Criminology


According to Scheider (2001), the various theories that exist with empirical
support are the following theories of comparative Criminology:
1. Alertness to crime theory is that as a nation develops, people’s alertness
to crime is heightened, so they report more crime to police and also demand
the police become more effective at solving crime problems.
2. Economic or migration theory is that crime everywhere is the result of
unrestrained migration and over population in urban areas such as ghettos and
slums.
3. Opportunity theory is that along with higher standards of living, victims
become more careless of their belongings, and opportunities for committing
crime multiply.
4. Demographic theory is based on the event of when a greater number of
children are being born, because as these baby booms grow up, delinquent
subcultures develop out of the adolescent identity crisis. Deprivation theory
holds that progress comes along with rising expectations, and people at the
bottom develop unrealistic expectations while people at the top don’t see
themselves rising fast enough.
5. Modernization theory sees the problem as society becoming too complex.
6. Theory of anomie and synomie (the latter being a term referring to social
cohesion on values), suggests that progressive lifestyle and norms result in the
disintegration of older norms that once held people together (anomie).

Types of police in the world


The following are some of the types of police
1. Uniformed police
2. Detectives
3. Auxiliary
4. Special police

3
MODULE: COMPARATIVE MODELS IN POLICING
5. Military police
6. Religious police
7. Border police
8. Transport police

Differentiate centralized from decentralized system of law enforcement

Decentralized Law Enforcement


Decentralized police refers to a system where police administrations and
operations are independent from one state to another. It is more applicable to
countries with federal government.
In many countries, particularly those with a federal system of government,
there may be several police or police-like organizations, each serving different
levels of government and enforcing different subsets of the applicable law. The
United States has a highly decentralized and fragmented system of law
enforcement, with over 17,000 state and local law enforcement agencies.
Germany and UK have also decentralized law enforcement agencies.

Countries with Centralized policing system


Simply means on police force operating in a country.
Some countries, such as Chile, Israel, Philippines, France, Austria, use a
centralized system of policing. A country with only one recognized police force
which operates entire that country is called is called centralized police. Thus,
Philippines is an example of centralized police because the Philippine National
Police has one central office with many regional, provincial and local branches
throughout the country.
What can the Philippines National Police Adopt?
As to organization, decentralization of regional or city police office that can be
financially support its operation. This is to do away with the scenario that the
fault of Manila is the fault of the entire officers of the PNP.
As the responsibilities, the specific functions of officers assigned in the Koban
and Chuzaizho can be applied hence, the new PNP officers can be assigned
to:
A. Gather data related to his jurisdiction (for city police officer) like list of
people who are
- working late at night who might be of help as witnesses to crime
- not engage in formal employment (stand by)
- owns gun or swords
- with mental illness
- old living in the area alone who should be visited periodically
- leaders of legitimate organizations
- leaders of illegitimate organization
- total population
- list of households, rented homes and apartments
B. Conduct the following (for provincial or municipal police officer) like
Visit each house twice a year to be acquainted and to determine their needs
related to law enforcement
Seminars among barangay leaders related to peace and order As to the
general entry qualification, height must not be a requirement (from UK Law
Enforcement) when the applicant has an above average intelligent quotient.

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.

Types of Court Systems of the World

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.

Topics Video Links


Centralization vs. Decentralization https://www.youtube.com/watch?v
=jviFsd4hhfE
Theories of Comparative https://www.youtube.com/watch?v
Criminology =wRz-p0uDiTk
Adversarial vs. Inquisitorial https://www.youtube.com/watch?v
=4eQdz0op3LU
References: Dr. Vic Delos Santos; Comparative Police System Reviewer
RKM Solutions

5
MODULE: COMPARATIVE MODELS IN POLICING

CHAPTER III.
GLOBALIZATION AND INTERPOL

Objectives: At the end of this chapter,students should be able to:


Know the effects of Globalization to Law Emforcement.
Types of Notices in INTERPOL.
Define the ASEANAPOL.

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.

Effects of Globalization to Law Enforcement in the Philippines


1. The facilitation of transnational crimes and criminals can be easily
achieved.
2. There is a need for transnational policing. The cooperation among
police organization in the world is vital.
3. Training instructional 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 theory of crime.

Threats to Law Enforcement Brought by Globalization

 International criminal networks have been quick to take advantage of the


opportunities resulting from the revolutionary changes in world politics,
technology, and communication that have strengthened democracy and
free markets, brought the world’s nations closer together, and given the
some countries unprecedented security and prosperity.
 Globalization allowed international criminals to expand their networks and
increase their cooperation in illicit activities and financial transactions.

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.

Different Police Global Organizations


The different police international associations in the world are
1. ASEAN Chiefs of Police
2. Europol
3. IACP
4. Interpol
5. UN policing

ASEAN Chiefs of Police established in 1998.

Member of countries of ASEAN CP


 Indonesia
 Malaysia
 Philippines
 Singapore
 Thailand
 Brunei Darussalam
 Vietnam
 Lao PDR
 Myanmar
 Cambodia

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.

Europol only act on request

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”.

What is the added value of having Europol as a European law


enforcement agency?
There are numerous advantages for the European law enforcement
community. Europol is unique in this field as it is multi-disciplinary agency,
comprising not only regular price officers but staff members from the various
law enforcement agencies of the Member States and covering specialized
areas such as customs, immigration services, intelligence services, border and
financial police.

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.

What are the Missions of IACP?


The IACP shall
1. Advance professional police services;

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

 Interpol is the short form of International Criminal Police Organization. It


began in 1923, and at the same time its name was International Criminal
Police Commission. In 1956, its namebecame International Criminal Police
Organization. The word Interpol was a short of International Criminal
Police Organization. This short form served as the address to receive
telegrams. Slowly, the name of this international organization became
famous as Interpol. Now, Interpol is the second biggest international
organization; the United Nations is the first. Some important information
about Interpol:
 Interpol is crime fighting organization, just like your local police department.
Instead, they help other member countries that need to co-operate by
connecting all members of Interpol by a network of files of criminals and
cases if any of Interpol’s 182 nations need them.

What does INTERPOL need?


Interpol records any information about something that was in a criminal case,
ex: information on criminals, type of crime, vehicles, anything to help any
police officer with information about a certain crime.

Why was Interpol created?


The countries in Europe needed a co-operation between countries. This was
needed because criminals would commit crimes in one country in Europe and
then skip to another country to avoid prosecution. Since Europe is a tightly
packed continent, police didn’t have enough time to catch criminals, and the
idea was created.

What UN Police Do?


 One of the objectives of the Philippine National Police Officers being
deployed in the UN mission is for mentoring other law enforcement of
foreign countries like East Timor and Kosovo. Assistance to host-state
police and other law enforcement agencies. United Nations Police Officers
support the reform, restructuring and rebuilding of domestic police and
other law enforcement agencies through training and advising. Direct
assistance is also provided, often through trust funds, for the refurbishment
of facilities and the procurement of vehicles, communication equipment
and other law enforcement material. Such assistance has been provided in
the past, for example, by the police components of peace operations in
Bosnia and Herzegovina, Burundi, Cote dlvoire, Democratic Republic of
Congo, Haiti, Kosovo, Liberia and Sierre Leone.

INTERPOL aims to facilitate international police co-operation


even where diplomatic relations do not exist between particular
countries. Action is taken within the limits of existing laws in

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.’

Interpol’s Four Core Functions


Interpol’s activities are guided by the following four core functions:

Secure global police communication services


Interpol’s global police communications system, known as
I-24/7, enables police in all member countries to request, submit
and access vital data instantly in a secure environment.

Operational data services and databases for police

Member countries have direct and immediate access to a


wide range of databases including information on known criminals,
fingerprints, DNA profiles and stolen or lost travel documents.
INTERPOL also disseminates critical crime-related data through a
system of international notices.

Operational police support services

INTERPOL provides law enforcement officials in the field


with emergency support and operational activities, especially in
its priority crime areas. A Command and Co-ordination Centre
operates 24 hours a day, seven days a week and can deploy an
Incident Response Team to the scene of a serious crime or
disaster

Police training and development

INTERPOL provides focused police training initiatives with


the aim of enhancing the capacity of member countries to
effectively combat transnational crime and terrorism. This
includes sharing knowledge, skills and best practices in policing
and establishing global standards.

The seven types of notices and their objectives


Red Notice To seek the arrest or provisional arrest of wanted persons with a
view to extradition. Yellow Notice To help locate missing persons, often minors
Blue Notice To collect additional information about a person’s identity or
activities in relation to a crime.
Black Notice To seek information on unidentified bodies
Green Notice To provide warnings and intelligence about persons who have
committed criminal offences and are likely to repeat these crimes in other
countries.

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 Leadership and Governance

The President of INTERPOL and the Secretary General


work closely together in providing strong leadership and direction
to the Organization.

Interpol’s Structure

As defined in Article 5 of its Constitution, INTERPOL (whose


correct full name is 'The International Criminal Police
Organization – INTERPOL’) comprises the following:

 General Assembly
 Executive Committee
 General Secretariat
 National Central Bureaus
 Advisers
 The Commission for the Control of Interpol’s Files

The General Assembly and the Executive Committee form the


organization’s Governance.

General Assembly

Compose of delegates appointed by the governments of


Member Countries. As Interpol’s supreme governing body, it
meets once a year and takes all the major decisions affecting
general policy, the resources needed for international
co-operation, working methods, finances and program of
activities. It also elects the Organization's Executive Committee.
Generally speaking, the Assembly takes decisions by a simple
majority in the form of resolutions. Each Member State
represented has one vote.

7
MODULE: COMPARATIVE MODELS IN POLICING
Executive Committee

The Executive Committee is Interpol’s select deliberative


organ which meets three times a year, usually in March, July and
immediately before the General Assembly.

Its role, in accordance with Article 22 of the Constitution, is to:

 supervise the execution of the decisions of the General


Assembly
 prepare the agenda for sessions of the General Assembly
 submit to the General Assembly any program of work or
project which it considers useful
 Supervise the administration and work of the Secretary
General.

In accordance with Article 15 of the Constitution, the


Executive Committee has 13 members comprising the president
of the organization, 3 vice-presidents and 9 delegates. These
members are elected by the General Assembly and should
belong to different countries; in addition, the president and the 3
vice-presidents must come from different regions.

The president is elected for 4 years, and vice-presidents for


3. They are not immediately eligible for re-election either to the
same posts, or as delegates to the Executive Committee.

Voting is by secret ballot. A two-thirds majority is required


for the election of the president. If this majority is not obtained
after the second ballot, a simple majority is then sufficient.
Vice-Presidents and delegates are elected on a simple majority.
Each member state has one vote; those member states attending
the General Assembly are eligible to take part in the election,
providing they are not prevented from doing so under Article 52 of
the General Regulations.

Composition of the 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.

The Secretary General is effectively the Organization’s


chief full-time official. He is responsible for seeing that the
day-to-day work of international police co-operation is carried out,
and the implementation of the decisions of the General Assembly
and Executive Committee.

National Central Bureaus (NCB) - Each INTERPOL member


country maintains a National Central Bureau staffed by national
law enforcement officers. 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.

Advisers – these are experts in a purely advisory capacity, who


may be appointed by the Executive Committee and confirmed by
the General Assembly.

Commission for the Control of Interpol’s Files (CCF) – this is


an independent body whose mandate is threefold:

 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.

INTERPOL 188 Member Countries

Afghanistan | Albania | Algeria | Andorra | Angola | Antigua &


Barbuda | Argentina | Armenia | Aruba | Australia | Austria |
Azerbaijan Bahamas | Bahrain | Bangladesh | Barbados | Belarus |
Belgium | Belize | Benin | Bhutan | Bolivia | Bosnia and
Herzegovina | Botswana | Brazil | Brunei | Bulgaria | Burkina -
Faso | BurundiCambodia | Cameroon | Canada | Cape Verde |
Central African Republic | Chad | Chile | China | Colombia |
Comoros | Congo | Congo (Democratic Rep.) | Costa Rica | Côte
d'Ivoire | Croatia | Cuba | Cyprus | Czech Republic Denmark |

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

United Bermuda | Gibraltar | Cayman Islands | Anguilla | Montserrat | Br


Kingdom: Virgin Islands | Turks and Caicos
United Puerto Rico | American Samoa
States:
China: Hong Kong, Macao

The official abbreviations


 O.I.P.C - Stands for Organization internationale de police
criminelle'

 ICPO - Stands for International Criminal Police Organization'.

The official name is 'ICPO-INTERPOL'

The word 'INTERPOL' is a contraction of 'international police', and


was chosen in 1946 as the telegraphic address. In 1956, the
International Criminal Police Commission changed its name to
become the International Criminal Police Organization -
INTERPOL.

10
MODULE: COMPARATIVE MODELS IN POLICING

The Emblem

The emblem, in use since 1950, comprises the following elements:


 The GLOBE represents the worldwide activities of the

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.

Background to the organization's distinctive signs

 At the 1947 General Assembly session in Paris, it was


recommended that all member states adopt the name

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.

Protection of the distinctive signs


As an international organization, Interpol’s distinctive signs
are protected by the 1883 Paris Convention.
Under the terms of Article 6 of this Convention, which has
been ratified by the majority of Interpol’s member states, the
signatory countries have agreed to refuse to register as
trademarks and ban the use of coats of arms, flags, emblems,
initials and names of states and intergovernmental organizations.

The organization's emblem and the name 'INTERPOL'


have, in addition, been registered as European Community and
US trademarks.

Authorization to use Interpol’s distinctive signs


In exceptional cases, the organization may authorize a third
party to use its distinctive signs. Authorization can only be given
by Interpol’s Secretary General.

In any event, authorization to use the organization's


distinctive signs is limited:

 authorization is given for a specific, identified project


 the duration of the authorization is specified
 authorization does not confer any exclusive rights
 The authorization specifies that the organization's signs
may not be modified or adapted.

12
MODULE: COMPARATIVE MODELS IN POLICING
Where appropriate, the media (documents, films, etc.) must
be submitted to the organization for approval before publication.

The organization may automatically revoke the entitlement


to use its distinctive signs if it transpires that the project for which
the organization has given its agreement is likely to prejudice its
reputation or image.

The Interpol National Central Bureau – Manila

Director General Philippine National Police ---------Chairman


Director, National Bureau of Investigation -----------Member
Commissioner, Bureau of Customs ------------------- --Member
Commissioner, Bureau of Internal Revenue ---------Member
Commissioner, Bureau of Immigration -----------------Member
Governor, Bangko Sentral ng Pilipinas -----------------Member
Executive Director, Dangerous Drug Board ----------Member
Commissioner, EIIB ---------------------------------------------Member

The first four were designated by the President, and the last four
were unanimously chosen by members of the NATIONAL Law
Enforcement

Coordinating Committee (NALECC) as authorized by the


President thru NALECC Resolution 93-10 dated 21 July 1993.

Topics Video Links


Effects of Globalization on Law https://www.youtube.com/watch?v
Enforcement =Vxp_btrl2pI&t=11s
Typees of Interpol Notice https://www.youtube.com/watch?v
=Ocuar_RApjA
Interpol,Aseanapol, https://www.youtube.com/watch?v
=p8jDttOKrG0
References: Dr. Vic Delos Santos;
Comparative Police System Reviewer
RKM Solutions

13
MODULE: COMPARATIVE MODELS IN POLICING

14
MODULE: COMPARATIVE MODELS IN POLICING

CHAPTER IV.
TRANSNATIONAL ORGANIZED CRIME

Objectives: At the end of this chapter,students should be able to:


Define the Transnational Organized Crime.
Difference between Human Trafficking and Human Smuggling.
Explain the stages of money laundering.

Transnational organized crime involves the planning and execution of illicit


business ventures by groups or networks of individuals working in more than
one country. These criminal groups use systematic violence and corruption to
achieve their goal. Crimes commonly include money laundering; human
smuggling; cybercrime; and trafficking of humans, drugs, weapons,
endangered species, body parts, or nuclear material.
Transnational crime ring activities weaken economies and financial systems
and undermine democracy. These networks often prey on governments that
are not powerful enough to oppose them, prospering on illegal activities, such
as drug trafficking that bring them immense profits. In carrying out illegal
activities, they upset the peace and stability of nations worldwide, often using
bribery, violence, or terror to achieve their goals.

Major Transnational Organized Crime Groups


Transnational crime often operate in well-organized groups, intentionally
united to carry out illegal actions. Groups typically involve certain hierarchies
and are headed by a powerful leader. These transnational organized crime
groups work to make a profit through illegal activities. Because groups operate
internationally, their activity is a threat to global security, often weakening
governmental institutions or destroying legitimate business endeavors.

Well-known organized crime groups include:


Russian Mafia.
Around 200 Russian groups that operate in nearly 60 countries worldwide.
They have been involved in racketeering, fraud, tax evasion, gambling, drug
trafficking, ransom, robbery and murder.
La Cosa Nostra.
Known as the Italian or Italian-American mafia. The most prominent organized
crime group in the world from the 1920’s to the 1990’s. They have been
involved in violence, arson, bombings, torture, sharking, gambling, drug
trafficking, health insurance fraud, and political and judicial corruption.
Yakuza
Japanese criminal group. Often involved in multinational criminals activities,
including human trafficking, gambling, prostitution, and undermining licit
businesses.
FukChing.
Chinese organized group in the United States. They have been involved in
smuggling, street violence, and human trafficking.
Triads.

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.

Human Trafficking is the illegal in human beings for the purposes of


commercial sexual exploitation or forced
labor: a modern-day form of slavery. It is
the fastest growing criminal industry in the
world, and tied with the illegal arms industry
as the second largest, after the drug, trade.
Human Trafficking is a crime against
humanity. It further defined as an act of
recruiting, transporting, transferring,
harboring or receiving a person through a
use of force, coercion or other means, for
the purpose of exploiting them. Every year, thousands of men, women and
children fall into the hands of traffickers, in their own countries and abroad.
Every country in the world is affected by trafficking, whether as a country of
origin, tansit or destination for victims. UNODC, as guardian of the United
Nations Convention against Transnational Organized Crime (UNTOC) and the
Protocols thereto, assists States in their efforts to implement the Protocol to
Prevent, Suppress and Punish Trafficking in Person (Trafficking in Persons
Protocol)

Elements of Human Trafficking


On the basis of the definition given in the trafficking in persons protocol, t is
evident that trafficking in persons has three constituent elements;
The Act (What is done) Recruitment, transportation, transfer, harboring, or
receipt of persons The Means (How it is done)
Threat or use of force, coercion, abduction, fraud, deception, abuse of power
or vulnerability, or giving payments or benefits to a person in control of the
victim.
The Purpose (Why it is done)
For the purpose of exploitation, which include exploiting the prostitution of
others, sexual exploitation, forced labor, slavery or similar practices and the
removal of organs.
To ascertain whether a particular circumstances constitutes trafficking in
persons, consider the definition of trafficking in the Trafficking in Persons
Protocol and the constituent elements of the offence, as defined by relevant
domestic legislation.

2
MODULE: COMPARATIVE MODELS IN POLICING

Human Trafficking vs. Human Smuggling

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.

Denial of Service Attacks - making service unavailable to users.


Malware - malicious software that interferes with the functioning
of computers and sending data of user over the internet.
Information warfare - attacks on information and computer systems.

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.

Terrorism vs. Organized Crime

Terrorism is another form of "organized" criminal behaviour, but it is distinct


from organized crime.An act of terrorism has a political
objective. Organized crime, on the other hand, always seeks to obtain a
financial or other material benefit, whereas power and control can be
secondary motives.

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.

Topics Video Links


Transnational Organized Crime https://www.youtube.com/watch?v
=PrToG9NZnLY
Human Trafficking vs. Human https://www.youtube.com/watch?v
Smuggling =kHUN2bwwj_0
Stages of Money Laundering https://www.youtube.com/watch?v
=sEVbmgbbYq4
References:Dr. Vic Delos Santos; Comparative Police System Reviewer
RKM Solutions

You might also like