Comparative Police System7.31.2021
Comparative Police System7.31.2021
Chapter I contains introductory questions and answers on the salient features of comparative police system (cps). It is focused on
the basic terms and topics covered on this subject prior to the actual comparison of police system. Most questions in this chapter
begins with the word what.
1. 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.
2. 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.
Policing
adjudication
corrections
4. 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.
5. 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
6. 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.
7. What is meant by model system - 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.
8. 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:
9. What are the 4 types of societies? The following are the four types of societies in the world that comparativists study:
2. Urban-commercial societies, which rely on trade as the essence of their market system
3. Urban-industrial societies, which produce which produce most of the goods and services they need without government
interference.
4. Bureaucratic societies are modern post-industrial societies where the emphasis is upon technique or the “technologizing”
of everything, with the government.
10. What are the 10 types of criminal justice law in the world?
A. “Safari” method (a researcher visits another country) or “collaborative” method (the researcher communicates with a foreign
researcher).
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.
A. Switzerland
For many years used to have travel brochures saying “there is no crime in Switzerland”, and criminologist were stumped on
why this was so, whether because of the high rate of firearm ownership or the extensive welfare system. It turned out that the
Swiss (along with some other welfare nations, like Sweden) were not reporting all their crime rate. However, it was true that
their crime rate was fairly low.
They did not remarkable job managing their underclass population, the poor people who lived the ghettos and slums.
Swiss crime control is highly effective in using an “iron fist, velvet glove” approach toward those who commit crime
and come from the bottom echelons of Swiss society. For example, when a poor person commits a crime, the
government goes to work analyzing the family, educational, and employment needs of everyone in that poor
person’s family. Then, after some punishment (which the offender frequently agrees with as deserved, a long term
treatment plan is put into effect to raise that family out of poverty.
B. Japan
Another country with an interestingly low crime rate is Japan where the crime rates are not necessarily that low, but stable and
resistant to fluctuating spikes.
Some reasons of having low crime rates are the characteristics of this country which include:
community policing
a patriarchal family system
the importance of higher education,
and the way businesses serve as surrogate families.
Asian societies are also “shame-based” rather than guilt-based” as Western societies are. For example, it is unthinkable to commit a
crime in such places because of shame it would bring upon one’s family and the business or corporation with which that family is
associated with.
C. Ireland
Ireland is another place with a unexpectedly low crime rate. Despite a serious unemployment, the presence of large urban
ghettos, and a crisis with religious terrorism, the Irish pattern of urban crime is no higher than its pattern or rural crime.
The key reason of having low crime rate is the factor that appears to be:
a. A sense of hope and confidence among the people Legitimate surveys, for example, show that 86% of more of the
population believe that the local authorities are well- skilled and doing everything they can.
b. People felt like they had a high degree of population participation in crime control.
D. Egypt
The Siwa Oasis in Egypt is another place with little or no crime. The population of 23,000 consists of 11 tribes who are the
descendants of ancient Greeks, and it is said that Plato himself fashioned his model or perfect government in the Republic
there. The inhabitants practice a moderate form of Islamic justice, rejecting Shariah punishment and embracing Urrf law (the
law of tradition). Conflicts are resolved by a tribal council, and there are no jails or prisons. The last known crime occurred
around 1950, and was an act of involuntary manslaughter. The typical punishment of wrong doing is social ostracization
(shunning). This type of society is an excellent example of the folk-communal, or informal justice system.
13. The 7 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).
14. The 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
5. Military police
6. Religious police
7. Border police
8. Transport police
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.
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.
16. 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
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.
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, examples is 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.
18. 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 well- being 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.
19. Effects of Globalization to Law Enforcement in the Philippines? (V. Delos Santos)
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.
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.
Europal is the European Union’s criminal intelligence agency. It became fully operational on 1 July 1999.
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.
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 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 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.
Europols supports the law enforcement activities of the member states mainly against:
31. 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.
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.
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 name became 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.
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.
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.
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.
38. What is Transnational Organized Crime?
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.
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. \
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.
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.
40. What is Human Trafficking?
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).
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.
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 I 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 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.
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.
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.
Jolly R. Bugarin was the Filipino President of the Interpol in 1980 – 1984 after the term of Carl G. Persson of Sweden.
Types of Police
This chapter enumerates and summarizes the different types of police of various countries.
Afghanistan
Australia
1. Australian Federal Police (AFP) is responsible for the investigation of crimes against Commonwealth law which occurs
throughout the nation. The AFP also have responsibility for a community policing role (similar to the state police) in
Commonwealth territories such as the Australian Capital Territory.
The state police forces are responsible for enforcing state law within their own states (including cities within the states)
China
1. Public Security Police. It makes up to 86% of all police personnel in China. It provides not only basic uniformed patrol but
also twelve other specialized functions including criminal investigations, fire control border patrol, and monitoring of all
modes of transportation.
2. State Security Police. Established in 1983, it is responsible for preventing espionage, sabotage, and conspiracies.
3. Prison Police. It is responsible for supervision of convicted offenders in prison.
4. Judicial Procuratorates Police. They escort suspects in cases investigated by the procuratorates (prosecutors in the
Phils.).
5. Judicial People’s Court Police. They maintain security and order in the various courts and also may carryout death
sentence.
Japan
1. Koban
2. Chuzaisho
3. Kidotai
4. Kempetai
5. Prefectural
Germany
1. Bundespolizie/Federal police
2. Landespolizie/state police
2.1 Schutzpolizei. This is the equivalent of municipal police particularly patrol officers in the Philippines, they are the first to arrive at
the scene of most crime and handle all general aspects of law enforcement and simple investigations.
2.2 Kriminalpolizei. This is also called Kripo. They are plainclothes police who handle serious crime investigation and situations that
require developing case against the suspect.
2.3 Bereitschaftspolize. These are officers – in training living in barracks, but they serve as civil police when situation arises.
2.4 Kommunen/local
The Verkehrspolize (traffic police) was the traffic-law enforcement agency and road safety administration of Germany.
The Wsserschutzpolizei (water protection police) was the coast guard of the third reich. Tasked with the safety and security of
Germany’s rivers, harbors, and inland waterways.
The Bahnschutzpolizei (railway police) was made up of part time police officers who were also employees of the Reichbahn (state
railway). The Bahnchutzpolizei was tasked with railway safety and also preventing espionage and sabotage of railway property.
Postal police (Postchutz) was tasked with security at Germany’s post offices and ensuring the security of other communications
media such as telephone and telegraph lines.
The Feuerschutzpolizei fire protection police) thus consisted of all professional fire departments under a national command
structure. The Orpo Hauptamt had also authority over the Freiwillige Feuerwehren, the local volunteer civilian fire brigades.
The security and assistance Service (Sicherheits and Hilfsdienst or SHD) was created in 1935 as air protection police. It was the
civil protection service in charge of air raid defense and rescue victims of bombings in connection with the Technische Nothilfe
(Technical Emergency Service) and the Feuerschutzpolizei (FireBrigades).
United Kingdom
USA
1. Federal
2. State Police, State Patrol or Highway Patrol
3. Country Police
4. Sheriffs’ department
5. Municipal
6. Special district police
Police = 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. (French word)
GLOBALIZATION
= package of transnational flow of people, production, investment, information, ideas and authority.
= growing interpenetration of states, markets, communication and ideas.
= The process of creating transnational markets, politics, and legal systems in an effort to form and sustain a global economy.
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”
4. Islamic System = based more on the concept of natural justice or customary law or tribal traditions