dplea_comparative_models_in_policin, Assignments of Law

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COMPARATIVE

MODELS IN

POLICING

Ernie Boy P. Dinapo, RCrim. Top 4 December 2022

COMPARATIVE

• an estimate of relative likeness or unlikeness of two objects or event
• Denotes the degree or grade by which a person, thing, or other entity has a property or quality greater or less in extent than that of another. POLICING
• This is the practice for the maintenance of peace and order, law enforcement and for the security of the community
• It is the practice by the police officers for the maintenance of peace and order.

Why do we need to compare police

systems?

1. to benefit from the experience of others.

2. to broaden our understanding of the

different cultures and approaches to the

problems.

3. to help us deal with many transnational

crime problems that plague our world

today.

Two Comparing Method

SAFARI METHOD

• the researcher visits another country.

COLLABORATIVE METHOD

• the researcher communicates with a

foreign researcher.

The Effects of Globalization Industry: The world has become a huge market where you can buy and sell things produced in any part of the world.There are a lot of international brands operating worldwide. Culture: Globalization means a decrease in the cultural diversity that used to exist in the world earlier. You can find people in several countries dressing up like Westerners. Food is another good example. Young people especially are eating more of American or Chinese foods than their own cultural dishes.

Legislation: There has been an increase in

the establishment of International courts of

justice where someone accused could be

dealt with in any part of the world. Interpol

is another example of Internal law

enforcement agency.

Language: With increased globalization,

people tend to forget their mother tongue

and use English instead as there is an

idea that it makes them superior in some

way. This might also help them in job

searches and etc.

Politics: Powerful countries and individuals

nowadays have political control over the

whole world, not only their country. The

United States is an example of a country

that influences the whole of the world

politics.

EFFECTS OF GLOBALIZATION

to Law Enforcement

• law enforcers are expected to be the

protector of the people, unaccountable

flow of migration and open markets

present new threats to state-based

human rights regimes – great challenge to

law enforcement.

THEORIES OF COMPARATIVE POLICING

1. ALERTNESS TO CRIME THEORY – is

that as a nation develops, people’s

alertness to crime is heightened.

2. ECONOMIC OR MIGRATION THEORY –

is that crime is everywhere is the result of

unrestrained migration and

overpopulation in urban areas ghettos

and slums.

3. OPPORTUNITY THEORY – is that along

with higher standards of living, victims

become more careless of their

belongings , and opportunities for crime

multiply.

4. DEMOGRAPHIC THEORY – is based on

the event when greater number of

children are being born.

5. DEPRIVATION THEORY – holds that

progress comes along with rising

expectations.

THEORIES OF POLICE SERVICE

1. Home Rule Theory

• The theory of police service which states that police officers are servants of the community or the people who rely for the efficiency of their functions upon the express of needs of the people.
• Policemen are civil servants whose key duty is preservation of public peace and security.
• Practiced in the US and England where governmental structure follows a DECENTRALIZED pattern.

2. Continental Theory

• Is the theory of police service which

maintains that police officers are

servants of higher authorities

• This theory prevail in European countries

where governmental organization follows

CENTRALIZED pattern e.g. Spain, Italy

and France.

• The people have no share or little

participation with the duties nor

connection with the police organization.

TYPES OF POLICE SYSTEMS

1. COMMON LAW SYSTEMS

• Usually exists in English speaking countries of the world such as US, England, Australia and New Zealand
• 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
• Practiced throughout most European Union such as Sweden, Germany, France and Japan
• 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 SYSTEMS

• distinguished by procedures designed to rehabilitate the offender.
• known as “ Marxist-Leninist Justice ” and exist in places such as Africa and Asia. 4. ISLAMIC SYSTEMS
• based more on the concept of natural justice or customary law or tribal traditions.
• Also known as “ Muslim or Arabic justice ”, and derive all their procedures and practices from the interpretation of the Koran.