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Comparative Police System: Prereview in Lea 6

This document provides an overview of comparative police and criminal justice systems from a global perspective. It defines key terms like comparative police system, comparative criminal justice, transnational crime, and international crimes. It also describes the main functions of a criminal justice system as policing, adjudication, and corrections. Additionally, it outlines four types of societies - folk-communal, urban-commercial, urban-industrial, and bureaucratic - and four types of criminal justice law systems - common law, civil law, socialist, and Islamic. Lastly, it discusses comparative research methods and lists some countries with relatively low crime rates like Switzerland.
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100% found this document useful (2 votes)
493 views

Comparative Police System: Prereview in Lea 6

This document provides an overview of comparative police and criminal justice systems from a global perspective. It defines key terms like comparative police system, comparative criminal justice, transnational crime, and international crimes. It also describes the main functions of a criminal justice system as policing, adjudication, and corrections. Additionally, it outlines four types of societies - folk-communal, urban-commercial, urban-industrial, and bureaucratic - and four types of criminal justice law systems - common law, civil law, socialist, and Islamic. Lastly, it discusses comparative research methods and lists some countries with relatively low crime rates like Switzerland.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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COMPARATIVE

POLICE SYSTEM

PREREVIEW IN LEA 6
LAW ENFORCEMENT (POLICE) IN GLOBAL
PERSPECTIVE
What is 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.
WHAT IS COMPARATIVE
CRIMINAL JUSTICE?
IT IS THE SUBFIELD OF THE
STUDY OF CRIMINAL JUSTICE
THAT COMPARES JUSTICE SYSTEMS
WORLDWIDE. SUCH STUDY CAN
TAKE A DESCRIPTIVE,
HISTORICAL OR POLITICAL
APPROACH
What are the 3 basic functions
of criminal justice system?

• POLICING
ADJUDICATION
CORRECTIONS
Comparative Criminal Justice

 It studies also the similarities and differences


in structure, goals, punishment and emphasis
on rights as well as the history and political
stature of different systems.
What is International
Criminal Justice?
 It involves the study and description of one
country’s law, criminal procedure, or justice
process (Erika Fairchild). Comparative
criminal justice systems attempts to build on
the knowledge of criminal justice in one
country by investigating and evaluating, in
terms of another country, culture or
institution.
What is transnational Crime?

 It is a term that have 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 as offenses
whose inception, proportion and or direct or
indirect effects involve in more than one country.
 Examples: Money laundering, Drug Trafficking,
Terrorism, Human Trafficking and Cyber Crimes
What is International
Crimes?
 Defined as crimes against the peace and
security of mankind. The following has
identified by UN as international crimes.
 Aggression (by one state against another)
 Threat of aggression
 Genocide (destroying a national, ethnic,
racial, or religious group)
What is meant by model
system?
 Model system is used to describe the
countries being used as topics of discussion.
These countries are chosen not because they
are greater than others but because they are
focus of comparison being sstudied.
Why compare systems and
issues in criminal justice?
 According to Harry Damner there are many
reasons why we need to compare but the
basic reason are:
 To benefit from the experience of others
 To broaden our understanding of the
different cultures and approaches
 To help with the many transnational crime
problems that plague our world today
What are the 4 types of
societies?
 1. Folk-communal societies
 2. Urban-commercial societies
 3. Urban-industrial societies
 4. Bureaucratic Societies
Folk-communal societies
 Also called as primitive societies.
 It has little codification of law, no specialization
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, barbaric punishment is resorted to.
 Classic examples include the early Roman
Gentiles, African and Middle Eastern Tribes,
and Puritan settlements in North America.
( with the Salem ‘witch trials)
Urban-commercial Societies

 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.
Urban-industrial societies

 Produce most of the goods and services they


need without government interference.
 An urban-industrial society not only has codified
laws (statute that prohibit) but laws that
prescribe good behavior, police become
specialized in how to handle property crimes,
and the system of punishment is run of market
principles of creating incentives and
disincentives.
 England and US follow this positive legal path.
Bureaucratic Societies
 Are modern post-industrial societies where the
emphasis is upon technique 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 system of
punishment characterized by over criminalization and
overcrowding.
 The US and perhaps only eight other nations fit the
bureaucratic pattern. Juvenile delinquency is a
phenomenon that only occurs in a bureaucratic society.
What are the 4 Types of
criminal justice law in the
world?
 Common Law Systems
 Civil Law Systems
 Socialist Systems
 Islamic Systems
Common Law Systems

 These are also known as Anglo-American justice, and


exist in most English-speaking countries of the world,
such as the US, England, Australia, and New Zealand.
 They are distinguished by a strong adversarial system
where lawyers interpret and judges are bound by
precedent. Common law systems are distinctive in the
significance they attach to precedent (the importance
of previously decided cases).
 They primarily rely upon oral systems or evidence in
which the public trial is a main focal point.
Civil Law Systems

 Also known as Continental justice or Romano-


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

 These are also known as Marxist-Leninist justice,


and exist in many places, such as Africa and Asia,
where there has been a Communist revolution or
the remnants of one.
 They are distinguished by procedures designed to
rehabilitate or retrain people into fulfilling their
responsibilities to the state.
 It is the ultimate expression of positive law,
designed to move the state forward toward the
perfectibility of state and mankind.
 It is also primarily characterized by
administrative law, where non-leagal officials
make most of the decisions.
 For example, in a socialist state, neither
judges nor lawyers are allowed to make law.
Law is the same as policy, and an orthodox
Marxist view is that eventually, the law will
not be necessary.
Islamic Systems

 Are also known as Muslim or Arabic Justice,


and derive all their procedures and practices
from interpretation of the Koran. These are
exceptions, however. Various tribes (such as
the Siwa in the desert of North Africa) are
descendants of the ancient Greeks and
practice Urrf law (the law of tradition rather
than the harsher Shariah punishments.
 Islamic systems in general are characterized by
the absence of positive law (the use of law to
move societies forward toward some
progressive future) and based more on the
concept of natural justice (crimes are considered
acts of injustice that conflict with tradition).
 Religion plays an important role in Islamic
systems, so much a role that most nations of
this type are theocracies, where legal rule and
religious rule go together.
What are comparative
Research Method?
 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 tends to fall into three
categories:
These are the;

 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.
Historical-comparative
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.
What are the Countries with
lesser or no crime?
 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 rates.
However, it was true that
their crime rate was fairly
low.
 Reasons of having low crime rates
 They did a remarkable job i managing their
underclass population, the poor people lived in 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.
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 the shame it
would bring upon one’s family and the
business or corporation with which that
family is associated with.
Ireland

 Ireland is another place with an unexpectedly


low crime rate. Despite a serious
unemployment problem, the presence of
large urban ghettos, and a crisis with religious
terrorism, the Irish pattern of urban crime is
no higher than its pattern of rural crime.
The key reason of having low
crime rate is the factor
that appears to be:
 A sense of hope and confidence among the
people legitimacy surveys, for example, show
that 86% of more of the population believe
that the local authorities are well-skilled and
doing everything they can.
 People felt like they had a high degree of
popular participation in crime control.
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 si said that plato himself fashioned his model
of perfect government in The Republic there.
 The inhabitant 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 jail or prisons.
 The last known crime occurred around 1950,
and was an act of involuntary manslaughter.
The typical punishment for wrongdoing is
social ostracization (shunning). This type of
society is an excellent example of the folk-
communal, or informal justice system.
What are the 7 Theories of
Comparative Criminology?
 According to Schneider (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
develop 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.
Economic or Migration Theory

 Is that crime everywhere is the result of


unrestrained migration and overpopulation in
urban areas such as ghettos and slums.
Opportunity Theory

 Is that along with higher standards of living,


victims become more careless of their
belongings, and opportunities for committing
crime multiply.
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.
Modernization Theory

 Sees the problem as society becoming too


complex.
Theory of Anomie and Synomie

 Synomie - term referring to social cohesion


on values, suggest that progressive lifestyles
and norms result in the disintegration of older
norms held people together (anomie).
What are 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
Differentiate centralized
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.
What can the Philippine
National Police adopt?
What are the 2 Types of
Court System of the World?
1. Adversarial
 -the accused is innocent until proven guilty.
 -The US adversarial system is unique in the world.

2. Inquisitorial System
 The accused is guilty until proven innocent or
mitigated.
 Where lesser rights are granted to the
accused, and the written law is taken as
gospel and subject to little interpretation.
Globalization

 Is a process of interaction and integration


among the people, companies, and
governments of different nations, a process
driven by international trade and investment
and aided by information technology.
What are the effects of
globalization to Law
Enforcement in the
Philippines?
 The facilitation of transnational crimes and
criminals can be easily achieved.
 There is a need for transnational policing. The
cooperation among police organization in the
world is vital.
 Training instructions for incoming law
enforcement officers must include advance
computer to prepare them as cyber cops so they
can be better prepared to deal with cyber
crimes.
 Development of new strategies to deal with
international organized crime is a must.

 Provisions of law enforcement with updated


legislations related to modernization theory
of crime.
What are the threats to Law
enforcement brought about by
globalization?
What are the different
Police Global Organizations?

 ASEAN chiefs of Police


 Europol
 IACP
 Interpol
 UN policing
When was police ASEAN Chiefs
of Police establish?

 Aseanapol (ASEAN chiefs of police) was


established in 198.
What are the member
countries of ASEAN CP?
 Indonesia
 Malaysia
 Philippines
 Singapore
 Thailand
 Brunei Darussalam
 Vietnam
 Myanmar
 Cambodia
What are the objectives of
ASEANPOL?

 Enhancing police professionalism


 Forging stronger regional co-operation in
police work and promoting lasting friendship
amongst the police officers of ASEAN
countries.
What is Europol?

 It means European Police Office or Europol


 It is the European Union’s Criminal
Intelligence Agency. It became fully
operational on July 1, 1999.
What is the 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.
What is the 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.
What is Europol's Mandates?

 Europol supports the law enforcement activities


of the member states mainly against:
 Illicit drug trafficking;
 Illicit immigration networks;
 Terrorism;
 Forgery of money
 Trafficking in human beings
 Illicit Vehicle trafficking
 Money Laundering
What is IACP?

 It stands for International association of


Chiefs of Police.
 The International Association of Chiefs of
Police is the worlds oldest and largest non-
profit membership organization of police
executives, with over 20,000 members in over
89 different countries.
What are the Missions of
IACP?
 The IACP shall
 1. Advance professional Police services;
 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.
What is Interpol?

 Interpol is the short form of International Criminal


Police Organization.
 It began in 1923, and at that time its name was
International criminal Police Commission.
 In 1956, its name became International Criminal
Police Organization.
 Interpol the short form served as the address to
receive telegrams and slowly became famous.
 It is the second biggest international organization
the UN is the first.
What does Interpol do?

 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 i 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 PNP 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.
What is Transnational
Organized Crime?
 Transnational organized crime involves the planning
and execution of illicit ventures by groups or networks
of individuals working in more than one country.
 These criminal groups use systematic violence and
corruption to achieve their goals.
 Crimes commonly include money laundering, human
smuggling, cybercrime, and trafficking of humans,
drugs, weapons, endangered species, body parts or
nuclear material.
What are the Major
Transnational Organized
Crime Groups?
 Russian Mafia
 La Cosa Nostra
 Yakuza
 Fukching
 Triads
 Heijin (Taiwanese)
 Jao Pho (Thailand)
 Red Wa (Gangster in Thailand)
What is Human Trafficking?

 It is the illegal trade in human beings for the


purposes of commercial sexual exploitation
or forced labor: a modern day form of slavery.
 It is a crime against humanity.
What is Drug Trafficking?

 It involves selling drugs and drug


paraphernalia, whether it is local exchange
between a user and a dealer or a major
international operation.
 It is a problem that affects every nation in the
world and exists on many levels.
What are 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.
What is Terrorism

 It is the systematic use of terror especially as


a means of coercion.
What is 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.
Who is the only Filipino
former president of the
Interpol?

 Jolly R. Bugarin was the Filipino president of


the Interpol in 1980-1984 after the term of
Carl G. Person of Sweden.
Comparative Police in Matrix
Police Ranks
END<<<<<

 THANK YOU AND GODBLESS!


D. LAW ENFORCEMENT IN GLOBAL
ARENA
THANK YOU ;)

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