Untitled Flashcards Set

Basic Goals of Policing

1. Enforcing laws

2. Preserving peace

3. Preventing crimes

4. Protecting civil rights and liberties

5. Providing services

Roles of the Police

• The police are an entity created by law and funded by the state to ensure social order and enforce the law.

• Primary roles include addressing problems related to social order and law enforcement, where solutions may or may not require the use of force.

Specific Roles of the Police

1. A watchman - Emphasizes maintaining order, usually found in communities with a declining industrial base and a blue-collar, mixed ethnic/racial population.

2. A law enforcer emphasizes law enforcement professionalism.

3. A service provider - Emphasizes the service functions of police, usually found in suburban, middle-class communities where residents demand individual treatment.

Authority of Police

• The police authority comes from the people – their laws and institutions.

• Police agencies are both part of the community and of the government, determining their base of authority.

Authority in Different Governments

• In a constitutional government, authority originates from the Constitution.

• The Constitution grants the elected government executive authority over its subjects.

• The "ground norm" gives sovereign authority over its subjects devoid of any written constitution.

Different Models in Policing

• The police organization is rooted in the country's socio-cultural and historic background.

• Policing by Consent - Legitimacy based on consensus or agreement of support, transparency, integrity, and accountability.

• Policing by Law - Police are responsible for maintaining public order and safety, enforcing the law, and preventing, detecting, and investigating criminal activities.

Classification of Policing Based on Command Structure

A. Number of Forces to be Commanded

• Singular model - Operates under a single commander.

• Multiple model - Several police forces, e.g., India.

• Multiple coordinated model - Well-defined territories of functions without overlap.

• Multiple uncoordinated model - Agencies with overlapping jurisdictions.

B. Type of Forces

• Coordinated centralized police force - Highly organized with centralized command.

• Decentralized command - No clear centralized command structure.

Concepts Relative to Comparative Policing

• Comparative - Denotes the degree by which a person or thing has a quality greater or lesser than another.

• Comparative Research - Scientific inquiry employing comparative analysis to understand phenomena better.

• Police - Governmental department charged with regulating and controlling community affairs.

• Comparative Police System - The science and art of investigating and comparing police systems.

• Comparative Criminal Justice

  Overview

  • Comparative criminal justice studies police organizations, training, and methods of policing across different states.

  • It outlines similarities and differences between police systems to gain insights into international policing.

  Types of Police Systems

  1. Common Law System (“Anglo-American Justice”)

  2. Civil Law System (“Continental Justice or Romano-Germanic Justice”)

  3. Socialist System

  4. Islamic System

  Common Law System (“Anglo-American Justice”)

  • A body of unwritten laws based on legal precedents established by courts.

  • Influences decision-making in unusual cases where existing statutes do not apply.

  • Strong adversarial system with a focus on public trials and oral evidence.

  • Predominantly exists in English-speaking countries, including the United States.

  Features of Common Law System

  • No written constitution or codified laws.

  • Judicial decisions are binding; only the highest court can overturn its own decisions.

  • Extensive freedom of contract; few provisions are implied by law.

  • Generally, anything not expressly prohibited by law is permitted.

  Civil Law System (“Continental Justice or Romano-Germanic Justice”)

  • A codified system of law originating from Roman Law.

  • Characterized by a strong inquisitorial system with minimal rights for the accused.

  • Written law is strictly followed with little interpretation.

  • Common in former French, Dutch, German, Spanish, or Portuguese colonies.

  Features of Civil Law System

  • A written constitution exists with specific codes (e.g., civil code, corporate law).

  • Only legislative enactments are binding; little room for judge-made law.

  • Courts specific to underlying codes (e.g., constitutional, administrative, civil courts).

  • Less freedom of contract; many provisions are legally implied.

  Socialist System

  • Focuses on rehabilitating offenders, prevalent in some African and Asian countries.

  • Based on civil law with modifications from Marxist-Leninist ideology.

  • The government combines civil and criminal courts, with compensation going to the state.

  • The state controls production and distribution of goods and services.

  Islamic System

  • Based on natural justice, customary law, and tribal traditions.

  • Sharia is the legal system derived from the Quran and the Sunnah (traditions of Prophet Muhammad).

  • Primary sources of Islamic law include:

    • $The , Quran$

    • $The , Sunnah$

    • $Ijma'$ (Consensus)

    • $Qiyas$ (Analogy)

  Theories of Political Service

  1. Continental Theory

     • Police officers are servants of higher authorities.

     • Prevails in continental countries like France, Italy, and Spain.

  2. Home Rule Theory

     • Police officers are servants of the community or the people.

     • Prevails in England, the United States, and countries with decentralized governments, including the Philippines.

  Concept of Police Service

  1. Old Police Service

     • Proficiency measured by the number of arrests made.

  2. Modern Police Service

     • Proficiency measured by the absence of crime.

  Policing Policy Models

  1. Crime Control Model

     • Prioritizes repression of criminal behavior over individual freedom.

     • Assumes inconvenience to innocent people is justifiable in fighting crime.

  2. Due Process Model

     • Focuses on a just and fair justice system that respects constitutional rights.