Comparative Models in Policing Chapter 1

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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.

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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)

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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.

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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.

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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.

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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


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