NORTHEASTERN COLLEGE | NC

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CHAPTER 1 symbol of brute force of state which oppresses the
legitimate protests with force.
INTRODUCTION TO COMPARATIVE Dictionaries define Police as the governmental
POLICE SYSTEM department charged with the regulation and control of
the affairs of a community, now chiefly the department
Chapter’s Contents: established to maintain order, enforce the law, and
A. Introduction prevent and detect crime.
B. Concept of Police
C. Traditional Goals of Policing Policing is one of the most important of the
D. Comparative Police System functions undertaken by every sovereign government.
E. Comparative Criminal Justice For the state machinery, police are an inevitable organ
F. Comparative Court System which would ensure maintenance of law and order, and
G. Comparative Correctional System also the first link in the criminal justice system. On the
H. Comparative Juvenile Justice System other hand, for common man, police force is a symbol of
I. International Criminal Justice brute force of authority and at the same time, the
J. Transnational Crime protector from crime. Police men get a corporate
K. Model System identity from the uniform they wear; the common man
identifies, distinguishes and awes him on account of the
A. INTRODUCTION same uniform. The police systems across the world have
The study of comparative models in policing, developed on a socio-cultural background, and for this
comparative police system, comparative criminal justice reason alone huge differences exist between these police
and law is a fairly new field and has corresponded with systems.
rising interest in a more established field, comparative
criminology. However, in this chapter, we will present B. CONCEPT OF “POLICE”
some issues which will bring you to discover ideas useful
POLICE is the agency of a community or government
in the conceptualization of successful crime control
that is responsible for enforcing the law, maintaining
policies.
public order, and preventing and detecting crime.
Chapter I contains the salient features of
comparative models in policing. It is focused on the basic In the very broadest sense, the term POLICE refer to
terms and topics covered on this subject prior to the the internal organization or regulation of the state, the
actual comparison of the police models. control and regulation of the community or state through
the exercise of the constitutional power of the
“The modern police service is a varied, multi-layered, government.
responsive institution working to ensure the safety of
Citizens” – UK Home Office In a narrower sense, POLICE denote the
constitutionally created agency that exercises the power of
The role of a modern police organization is laid the government concerning the maintenance of
down succinctly in the above quote appearing in the tranquility, public order, peace, security of persons and
web page of UK Home Office. The first idea that comes to property and the protection of public health and morale.
our mind when we hear the term “Police” is the idea of a
dominant personality who symbolizes the power of the In a very restricted sense, POLICE refer to that
State and criminal justice administration system. On the organization of armed men, which is actually an institution
one hand people view police as a protector of civil that is capable of exercising legally mandated duties to
liberties and on the other hand police is viewed as a enforce the law, maintain public order, and detect and
prevent crimes.

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College of Criminal Justice Education
following: (1) Crime Prevention, (2) Criminal
Apprehension, (3) Order Maintenance, (4) Public
Evolution of the word police: Services and (5) Traffic Regulations and Motor Accident
Investigation.3
The term police came from the GREEK
word Politeia (government of a city), which was
The second goal of police is the [2] PRESERVATION OF
used to describe the group of civil officers
THE PEACE. This has also been accepted by police as an
governing the city and not necessarily the armed
important goal. It is known as the peacekeeping and
men guarding/policing the city. When the
community service roles. Police have the legal authority
ROMANS conquered the Greeks, they changed the
to arrest individual for disturbing the peace or for
word slightly to Politia (civil administration)
disorderly conduct. Police are often called to intervenes
which itself derives from the Ancient Greek word
not only criminal conduct but also in noncriminal
polis (city). The FRENCH changed the word to
conduct such as that which occurs at public events, in
Police and used it to those authorized people who
social relations and in traffic control to maintain law and
actually enforce the law. The ENGLISH and the
order. They often help the people solve problems that
AMERICANS borrowed the word from the French
they cannot cope with alone.4This is due to the public
and used it to describe a law enforcement
impression that the police are also a SOCIAL
officer.
SERVANT and a MEDIATOR to domestic problems.
Hence, the public calls the police for their social services
C. TRADITIONAL GOALS OF POLICING
roles, because the police are: (1) constantly available
when needed, (2) dependable when called upon and (3)
The importance of the police in administration of justice
capable of providing advice and decision-making
can also be shown by studying its five traditional goals
involving interpersonal conflict.5
which as follows: (1) enforcement of laws; (2)
preservations of the peace; (3) prevention of crimes; (4)
[3] CRIME PREVENTION is the third goal of the police
protection of civil rights and liberties; and (5) providing
pillar which closely related to law enforcement and
other services. The success or failure of the police in
peace preservation. If the peace has been kept, crime
achieving these goals can directly affects the works and
has, in effect, been prevented. Crime prevention differs
functions of other pillars.1In this regard, police pillar
from peacekeeping and law enforcing in that it attempts
is considered as the BACKBONE of the criminal
to eliminate potentially dangerous or criminal
justice system.
situations. It is PROACTIVE. If police are highly
visible in a community, crime may be prevented. For
The [1] ENFORCEMENT OF LAWS as one of the
example, a routine patrol might not only discover a
traditional goal of police pillar has been considered as
crime in progress, but it might also prevent crimes from
the prime goal of policing. The police in this regard play
being committed. Crime prevention activities are often
a major role in fashioning and implementing a proper
undertaken by police include working with juveniles,
law enforcement policy for their community. This makes
cooperating with probation and parole personnel,
police as an integral part of the criminal justice system,
educating the public, instigating operation identification
responsible for apprehending offenders and assisting in
programs providing visible evidence of police authority.
their prosecution. 2 According to Charles D. Hale the
In addition, many community services often provided by
goals and objectives of enforcement of law includes the

1
Introduction to Law Enforcement and Criminal Justice, Wrobleski & 4 Introduction to Law Enforcement and Criminal Justice, Wrobleski &
Hess, 2007. Hess, 2000.
2
ibid. 5
Police Patrol Plans and Operations with Police/Public Radio
3
Police Patrol Organizations and Management, Charles D. Hales, 1998. Communication (A Textbook for Criminal Justice Education Students
and Practitioners): Philippine Setting, Mario A. Garcia. 2010, pg. 9.
COMPARATIVE MODELS IN POLICING
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College of Criminal Justice Education
police departments aid in crime prevention.6 This goal 1. Home Rule Theory - The police is considered
includes the following activities crime detection, crime servants of the community who depends for the
investigation, apprehension of suspects and case effectiveness of their functions upon the express
preparation. This police activity is directed toward the wishes of the people.
identification and apprehension of alleged criminals and
the accumulation, preservation and presentation of 2. Continental Theory - Policemen are considered
evidence regarding their crimes. The main objective is to servants of the higher authority and people have
determine who the criminal is and to develops and little or no share of all their duties, nor any direct
present legally accepted evidence to a court of law so connection with them.
that a conviction is assured.7 3. Old Concept - The old concept of police service
The fourth traditional goal of the police is the [4] looked upon the police as merely a repressive
PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES machinery.
which is perceived by some as the single most important
goal of policing. This goal is acknowledged in the first 4. New Concept- regards police as the first line of
paragraph of the Law Enforcement Code of Ethics: “to defense of CJS, as an organ of crime prevention.
respect the constitutional right of all to liberty, equality
and justice.” The authority, goals and methods of the ------------------------------------------------------------------------
police promote individual liberty, public safety and
social justice.8 D. COMPARATIVE POLICE SYSTEM
It is the science and art of investigating and
In addition to enforcement of laws, preserving the peace, comparing the police system of nations. It covers the
prevention of crimes protection of civil rights and study of POLICE ORGANIZATIONS, TRAININGS and
liberties, the police are often called on to provide [5] METHODS OF POLICING of various nations.
ADDITIONAL SERVICES to their community as its fifth - Comparative Law Enforcement
and final goal. This role is acknowledged in the first
sentence of the Law Enforcement Code of Ethics: “As a ------------------------------------------------------------------------
law enforcement officer, my fundamental duty is to serve
the community”. It is also acknowledged from the E. COMPARATIVE CRIMINAL JUSTICE
Philippine National Police motto: “To serve and It is subfield of the study of Criminal Justice that
protect”.9 The police can provide service to the public compares justice system worldwide. Such study can
such as giving information; directions and advice; take a descriptive, historical, or political approach .it
counseling and referring; licensing and registering studies and differences in structure, goals,
vehicles; intervening in domestic arguments; working punishment and emphasis on rights as well as the
with neglected children; rendering emergency medical history and political stature of different systems.
or rescue services; dealing with stray animals; and Comparative criminal justice examines the
controlling traffic and crowds. In addition, police differences between justice in different kinds of
provide community education programs regarding societies and communities. Those who specialize in
crime, drugs, safety and the like. such a field are called comparativists. By studying the
differences in approach, methodology and
➢ THEORIES & CONCEPTS OF POLICE SERVICE effectiveness, they hope to discover better ways of
enforcing laws and ensuring justice for more people.

6
Ibid. 8
ibid
7
ibid 9
Philippine National Police Operational Procedure.
COMPARATIVE MODELS IN POLICING
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applied to the country’s citizens, and not for
THREE (3) BASIC FUNCTIONS OF CRIMINAL foreigners or immigrants.
JUSTICE SYSTEM
-----------------------------------------------------------------------
• Policing
• Adjudication H. COMPARATIVE JUVENILE JUSTICE SYSTEM
• Corrections Juvenile justice systems vary widely. Scotland has
the toughest system, regularly sentencing juveniles to
------------------------------------------------------------------------ harsh boot camps with a strict military regimen and
force labor. Germany has a juvenile justice system
F. COMPARATIVE COURT SYSTEM similar to the U.S., where more emphasis is upon
Court systems of the world are of two types: education as punishment.
1. Adversarial, where the accused is innocent
until proven guilty. The U.S. adversarial -----------------------------------------------------------------------
system is unique in the world. No other
nation, not even the U.K. places as much I. INTERNATIONAL CRIMINAL JUSTICE
emphasis upon determination of factual guilt It involves the study and descriptions of one
in courtroom as the U.S. does. country’s law, criminal procedure, or justice process
(Erika Fairchild). Comparative criminal justice
2. Inquisitorial, where the accused is guilty system attempts to build on the knowledge of
until proven innocent or mitigated, have more criminal justice in one country by investigating and
secret procedures. Outside the U.S. most trials evaluating, in terms of another country, culture, or
are concerned with legal guilt where institution.
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 J. TRANSNATIONAL CRIME
themselves. It is a term that has been used in comparative
Where lesser rights are granted to the international criminal justice study in recent years to
accused and the written law is taken as gospel reflect the complexity and enormity of global crime
and subject to little interpretation. 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
G. COMPARATIVE CORRECTIONAL SYSTEM • Drug trafficking
Correctional systems worldwide can be easily • Terrorism
distinguished by whether they support corporal • Human trafficking
punishment (beatings) or not. Some so-called • Cyber crimes
“civilized’’ countries claim they are better than the • Smuggling
U.S. because they don’t perform death penalty but
actually practice such corporal punishments as Transnational Organized Crime
beatings and whippings. Nations that practice Transnational organized crime involves the
corporal punishment do tend, however, to have less planning and execution of illicit business ventures by
of a correctional overcrowding problem. Probation groups or networks of individuals working in more
and parole, where they exist cross-culturally, are than one country. These criminal groups use
COMPARATIVE MODELS IN POLICING
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College of Criminal Justice Education
systematic violence and corruption to achieve their Underground criminal societies based in Hong
goals. Crimes commonly include money laundering Kong. They control secret markets and bus
Human smuggling; cybercrime; and trafficking of routes and are often involved in money
humans, drugs, weapons, endangered, body parts, or laundering and drug trafficking.
nuclear materials. • Jao Pho
Organize crime group in Thailand. They are often
The Major Transnational Organized Crime involved in manufacturing and trafficking
Groups methamphetamine.
Transnational criminals often operate in well- • Red Wa.
organized groups intentionally united to carry out Gangsters from Thailand. They are involved in
illegal actions. Groups typically involve certain manufacturing and trafficking
hierarchies and are heade3d by a powerful leader. methamphetamine.
These transnational organized crime groups work to
make a profit through illegal activities. Because Human Trafficking
groups operate internationally, their activity is a Human trafficking is a crime against humanity. It
threat to global security, often weakening further defined for the purposes of commercial sexual
governmental institutions or destroying legitimate exploitation or force labor: a modern-day form of slavery.
business endeavor’s. it is the fastest growing criminal industry in the world,
and tied with the illegal arms industry as the second
Well known organized crime groups include: largest, after the drug trade.
• Russian Mafia
Around 200 Russian groups that operate in Human Trafficking is a crime against humanity.
nearly 60 countries worldwide. They have been It further defined as act of recruiting, transporting,
involved in racketeering, fraud, tax evasion transferring, harboring, or receiving a person through a
gambling, and drug trafficking, arson, robbery, use of force, coercion or other means, for the purpose of
and murder. exploiting them. Every year, thousands of men, women
• La Cosa Nostra and children fall into the hands of traffickers, in their own
Known as the Italian or Italian-American mafia. countries and abroad. Every country in the world is
The most prominent organized crime group in affected by trafficking, whether as a country of origin,
the world from the 1920s to the 1990s. They transit or destination for victims. UNODC, as guardian of
have been involved in violence, arson, bombing, the United Nation Convention against Traditional
torture, loan sharking, gambling, drug Organized Crime (UNTOC) and the protocols thereto,
trafficking, health insurance fraud, and judicial assists States in their efforts to implement the protocol to
corruption. Prevent, Suppress and Punish Trafficking in Persons
• Yakuza (Trafficking in Persons Protocol).
Japanese criminal group. Often involves in
multinational criminal activities, including Elements of Human Trafficking
human trafficking, gambling, prostitution, and On the basis of the definition given in the trafficking in
undermining licit businesses. Persons Protocol, it is evident that trafficking in persons
• Fuk Ching has three constituents’ elements:
Chinese organized criminal group in the United • The Act (What is done)
States. They have been involved involve in Recruitment, transportation, transfer, harboring
smuggling, street violence, and human or receipt of persons
trafficking. • The Means (How it is Done)
• Triads
COMPARATIVE MODELS IN POLICING
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College of Criminal Justice Education
Threat or use of force, coercion, abduction, fraud, Terrorism is the systematic use of terror especially as
deception, abuse of power or vulnerability, or giving a means of coercion. At present, the international
payments or benefits to a person in control of the victim community has been unable to formulate a universally
• The Purpose (What it is done) agreed, legally binding, and criminal law definition of
For the purpose of exploitation, which include terrorism. Common definitions of terrorism refer only to
exploiting the prostitution of others, sexual exploitation,those violent acts which are intended to create fear
forced labor, slavery or similar practices and the removal (terror), are perpetrated for a religious, political or
of organs? ideological goal, and deliberately target or disregard the
To ascertain whether a particular circumstance safety of non-combatants (civilians).
constitutes trafficking in persons, consider the definition Some definitions also include act of unlawful
of trafficking in the Trafficking in Person and the violence and war, the history or terrorists’ organizations
constituent elements of the offense, as defined by suggest that they do not select terrorism for its political
relevant domestic legislation. effectiveness. Individual terrorists tend to be motivated
more by a desire for social solidarity with other members
Drug Trafficking of their organizations than by political platform or
Drug trafficking involves selling drugs and drugs strategic objectives, which are often murky and
paraphernalia, whether it is a local exchange between a undefined.
user and a dealer or a major international operation. Drug
trafficking is a problem that affects every nation in the Money Laundering
world and exists on many levels. Money laundering is the process of creating the
Drug trafficking is the commercial exchange of appearance that large amounts of money obtained from
drugs and drug paraphernalia. This includes any illegal means , such as drug trafficking. It is a crime in
equipment used to manufacture illegal drugs or use them. many jurisdictions with varying definitions. It is a key
operation of the underground economy.

Cybercrimes
Cybercrimes are generally defined as any type of ------------------------------------------------------------------------
illegal activity that makes use of the internet, a private or
public network, or in an in-house computer system. While K. MODEL SYSTEM
many forms of cybercrime revolve around the Model system is used to describe the countries
appropriation of proprietary information for being use as topics of discussion. These countries are
unauthorized use, other examples are focused more on an chosen not because they are greater than the others but
invasion of privacy. As growing problems around the because they are the focused of comparison being
world, many countries are beginning to implement laws studied.
and others regulatory mechanisms in an attempt to
minimize the incidence of cybercrime.

Terrorism
• The use of violence and threats to intimidate or
coerce esp. for political purposes.
• The state of fear and submission produced by
terrorism or terrorization.
• A terroristic method of governing or resisting a
government.

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CHAPTER II  As to responsibilities, the specific functions of
officer assigned the Koban and Chyuzaizho can be
POINTS TO PONDER IN THE STUDY OF applied hence, the new PNP officers can be assigned
COMPARATIVE POLICE SYSTEM to:

Chapter’s Contents: A. gather data related to his jurisdiction (for city

A. Purpose of Studying Comparative Models police officer) like list of people who are
in Policing ✓ Working late at night who might be help
B. Theories of Comparative Criminology as witnesses to crime
C. Types of Police in the world ✓ Normally cooperative with the police
D. Types of Law Enforcement in the World ✓ Not engage in formal employment (stand
E. Types of Court System in the World by)
F. Types of Criminal Justice Law in the ✓ Owns gun or swords
World ✓ With mental illness
G. Basic functions of the Criminal Justice ✓ Old living in the area alone who should be
System visited periodically
H. Types of Societies in the World ✓ Leaders of legitimate organizations
I. Some countries with lesser crime ✓ Leaders of illegitimate organizations
✓ Total populations
✓ List of households, rented homes and
apartments
A. PURPOSE OF STUDYING COMPARATIVE MODELS
IN POLICING
B. conduct the following (for provincial or
municipal police officer) like
According to Harry Damner there are many
✓ Visit each house twice a year to be
reasons why we need to compare but the basic
acquainted and determine their need
reasons are:
related to law enforcement
✓ Seminars among barangay leaders
 To benefit from the experience of others
related to peace and order

 To broaden our understanding of the different

 As to the general entry qualification, height must not be
cultures and approaches to problems
requirement (from UK law enforcement) when the
applicant has an above average intelligent Quotient.
 To help us deal with the many transnational crime
problems that plague our world today.
 As to participation of the civilian, accreditation of
individuals who are not members of the PNP but with
specialization in the fields related to law enforcement
*What can the Philippines National Police adopt?
is encouraged.

 As to organization, decentralization of regional or

For example, priest pastors and ministers
city police office that can financially support its
may be involved in values training of the PNP. Biologist,
operation. This is to do away with the scenario that
Chemist, Ballisticians and other related professions
the fault of manila police is the fault of the entire
maybe accredited to help in law enforcement exercises.
officers of PNP.

COMPARATIVE MODELS IN POLICING

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College of Criminal Justice Education
Another organization and supervision, the delinquent subcultures develop out of the
PNP may be separated and be fully controlled and adolescent identity crisis.
supervized by the National Police Commission without
interference of local executives. 5. Deprivation theory holds that progress comes
along with rising expectations, and people at the
For example, a City Chief of Police could have bottom develop unrealistic expectations while
some position as a City Mayor. The former is in charge people at the top don’t see themselves rising fast
with peace and order and law enforcement concerns enough.
while the latter is more on the administration of the
city’s concern not covering the concerns of the chief 6. Modernization theory sees the problem as
police. Coordination and cooperation are imperative in society becoming too complex.
this recommendation. This idea will empower the PNP
to initiate a more constructive and practical ways to 7. Theory of anomie and synomie (the latter being
improve peace and order. This recommendation may a term referring to social cohesion on values)
also reduce the incidence of taking orders from the suggest that progressive lifestyles and norms
whims and caprices of corrupt politicians, example is result in the disintegrations of older norms that
the Maguindanao Massacre. one’s held people together(anomie)

C. TYPES OF POLICE IN THE WORLD

B. THEORIES OF COMPARATIVE POLICING The following are some of the types of police
1. Uniformed police
According to Schneider (2001), the various 2. Detectives
theories that exist with empirical support are the 3. Auxiliary
following theories of comparative policing: 4. Special police
5. Military police
1. Alertness to crime theory is that as a nation 6. Religious police
develops, people’s alertness to crime is 7. Border police
heightened, so they report more crime to police 8. Transport police
and also demand the police become more
effective at solving crime problems. Different Police Global Organization
The different police international
2. Economic or migration theory is that crime association in the world are:
everywhere is the result of unrestrained
migration and overpopulation in urban areas  INTERPOL
such as a ghettos and slums.  ASEANAPOL
 EUROPOL
3. Opportunity theory is that along with higher  IACP
standards of living, victims become more careless  UNPOL
of their belongings, and opportunities for
committing crime multiply. ------------------------------------------------------------------------

4. Democratic theory is based on the event of

when a greater number of children are being
born, because as these baby booms grow up,

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College of Criminal Justice Education
D. TYPES OF LAW ENFORCMENT IN THE WORLD more secret procedures. Outside the U.S.
most trials are concerned with legal guilt
1. Decentralized Law Enforcement where everyone knows the offender did
it, and the purpose is to get the offender
Decentralized police refer to a system where to apologize, own up to their
police administrations and operations are independent responsibility, argue for mercy, or suggest
from one state to another. It is more applicable to an appropriate sentence for themselves.
countries with federal government.
In many countries, particularly those with a Where lesser rights are granted to the accused
federal system of government, there may be several and the written law is taken as gospel and
police or police-like organizations, each serving’s subject to little interpretation.
different levels of government and enforcing different
subsets of the applicable law. The United States has highly
decentralized and fragmented system law enforcement, F. TYPES OF CRIMINAL JUSTICE LAW IN THE WORLD
with over 17,000 state and local law enforcement (LEGAL SYSTEM)
agencies, Germany and UK has also decentralized law
enforcement agencies. Legal traditions play an important role in the
development of international law and justice.
2. Centralized Law Enforcement Comparativists for criminal justice study these
traditions with the intent of finding a way to
Simply means one police force is operating in a combine the views of different traditions towards a
country. Some countries, such as Chile, Israel, Philippines, single view that allows for the successful
France, and Austria use a centralized system of policing. development of international law. Many
A country with only one recognized police force which comparatives believe that the more states with
operates entire that country is called centralized police. similar legal views the more likely it is to be able to
Thus, the Philippines is an example of centralized police create international laws that please all. Reichel
because the (2005) identifies four major legal traditions that each
Philippine National Police has one central office have their own respective body of laws:
with many regional, provincial and local branches • Common law is found particularly in countries
throughout the country. that are current or former members of the
British Empire.
------------------------------------------------------------------------ • Civil law countries include most of continental
Europe and various states in South America and
E. TYPES OF COURT SYSTEM IN THE WORLD Africa.
• Socialist law is essentially civil law with major
Court systems of the world are of two types: modifications from Marxist-Leninist ideology. It
1. Adversarial, where the accused in is currently only used in China and a few other
innocent until proven guilty. The U.S. contemporary Communist states, but has had
adversarial system is unique in the world. enormous influence on Russia and the former
No other nation, not even the U.K. places USSR.
as much emphasis upon determination of • Islamic law is religiously-inspired law used in
factual guilt in courtroom as the U.S. does. Muslim countries.

2. Inquisitorial, where the accused is guilty

until proven innocent or mitigated, have
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College of Criminal Justice Education
1. COMMON LAW SYSTEMS and enforcing such usage and customs; and in this sense,
A.K.A. --Anglo-American Justice, and exist, in particularly the ancient unwritten law of England.
most English-Speaking countries of the world, such as
the U.S., England, Australia and New Zealand. They 2. CIVIL LAW SYSTEMS
are distinguishing by a strong adversarial system A.K.A Continental Justice or Romano-
where lawyers interpret and judges are bound by Germanic Justice, and practiced throughout most of
precedent. Common law systems are distinctive in the European Union as well as elsewhere, in places
the significance they attached to precedent (The such as Sweden, Germany, France, and Japan. They
importance of previously decided cases). They are distinguishing by a strong inquisitional system
primarily rely upon oral system of evidence in which where fewer rights are granted to the accused, and
the public trial is a main focal point. the written law is taken as gospel and subject to little
interpretation. For example, a French maxim goes
The so-called COMMON LAW, known in the United like this: “IF A JUDGE KNOWS THE ANSWER, HE
States and England as the body of principles, usages MUST NOT BE PROHIBITED FROM ACHIEVING IT
and rules of action, which do not rest for their authority BY UNDUE (Unjustifiable) ATTENTION TO
upon any express and positive declaration of the will of REGULATIONS OF PROCEDURE AND EVIDENCE.”
the legislature By contrast, THE COMMON LAW METHOD IS FOR A
JUDGE TO AT LEAST SUSPEND BELIEF UNTIL THE
COMMON LAW forms the basis for much of our SPORTING EVENT OF A TRIAL IS OVER. legal
modern statutory and case law. It has often been scholarship is much more sophisticated and elitist in
called the major source of modern criminal law. civil law system, as opposed to the more democratic
Common law refers to a traditional body of unwritten comm9on law countries where just about anybody
legal precedents created through everyday practice can get into law school. Romano-Germanic systems
of English society and supported by court decisions are founded on the basis of natural law, which is
during the Middle Ages. Common law is so called respect for tradition and custom. The sovereign, or
because it was based on shared traditions and leaders, of a civil law system are considered above the
standards rather than on those that varied from one law, as opposed to the common law notion that nobody
locale to another. Today, common law forms the basis is above the law.
of many of the laws on the books in English-speaking
countries around the world. 3. SOCIALIST SYSTEMS
A.K.A. Marxist-Leninist Justice, and exist in
In COMMON LAW SYSTEM, for example, many places, such as Africa and Asia, where there has
involving opposing sides of a lawyer representing the been a communist revolution or the remnants of one.
defendant and a prosecutor representing the people. The They are distinguished by procedures designed to
common law system typically relies on prior court rehabilitate and to retrain people into fulfilling
decisions as precedents to be used in later court cases. their responsibilities to the state. It is the ultimate
EXPRESSION OF POSITIVE LAW, designed to move
Common law- as distinguished from law created by the the state forward toward the perfectibility of state
enactment of legislature, the common law comprises the and mankind. It is also primarily characterized by
body of those principles and rules of action, relating to ADMINISTRATIVE LAW, where non legal official
the government and security of persons and makes most of the decisions. For example, in a
property, which derive their authority solely from usage socialist state, neither judges nor lawyers are allowed
and customs of immemorial antiquity, or from the to make law. LAW is the same as POLICY, and an
judgment and decrees of the court recognizing, affirming, orthodox Marxist view is that eventually, the law will
not be necessary.
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College of Criminal Justice Education
4. ISLAMIC SYSTEMS marketplace form the COMPONENTS OF THE
A.K.A. Muslim or Arabic Justice, and derive all GLOBALIZATION PROBLEM IN CRIMINAL JUSTICE.
their procedures and practices from interpretation of
the Koran. There are exemptions, however. Various Each type of system – Common, Civil, and Socialist,
tribes (such as Siwa in the desert of North Africa) are Islamic-has LOCAL VARIATION. Even in English-
descendants of the ancient Greeks and PRACTICE speaking countries, for example, there is variation.
URRF (the law of tradition) rather than the harsher CANADIAN JUSTICE places more emphasis upon the right
Shariah punishment. Islamic system is general are to a fair trial, free from prejudicial publicity. In CANADA,
characterized by THE ABSENCE OF POSITIVE LAW the public and the media are usually banned from the
(the use of law to move societies forward toward some courtroom, and there is little interest in crime news. In
progressive future) and are BASED MORE ON THE ENGLAND, there is more emphasis upon fairness in
CONCEPT OF NATURAL JUSTICE (crime are sentencing, and making sure the guilty punished. England
considered acts of injustice that conflict with police dossiers along with two types of lawyers
tradition). RELIGION plays an important role in (solicitors and barristers) and two types of courts
Islamic system, so much a role that most nations of (Magistrate and Crown) help ensure this.
this type are THEOCRACIES, where legal rule and
religious rule go together. ------------------------------------------------------------------------

Note: Theocracies- Government or community govern

by a god or by priests.

Each society also has its own customary law or tribal

traditions. Many parts of Africa, for example, have
reverted back to a TRIBAL SYSTEM because they could
not accommodate their heritage of colonialism, which
essentially involved the problem of mixed Common, Civil,
Socialist and Islamic influences. Tribal justice system Punishment
tends to be characterized by arrest without trial and
other summary procedures.
People who study comparative criminal justice study
In other parts of the world, such as Latin America, different forms and use of punishment across societies,
the problem has been MODERNIZATION. Advance in Abolished for all crimes
technology and the profits of drug crime have Abolished for crimes not committed in exceptional
outpaced the capability of western-oriented justice circumstances (such as crimes committed in time of
systems, and what would normally be a trend toward war)
decriminalization has become a haphazard set of legal
Legal form of punishment but not used in the last 10
practices that are sometimes lenient and sometimes
years (or has a moratorium in effect).
harsh. TRADITIONALISM (A deep respect for tradition,
Legal form of punishment for certain offenses
especially for cultural or religious practices),
COLONIALISM (a policy in which a country rules other
nations and develops trade for its own benefit), FIFTY-NINE COUNTRIES retain the death penalty as
MODERNIZATION, and the increasing tendency for reported in 2007. Comparatives study the different ways
crime to become transnational in an international in which execution is carried out across the world
including HANGING, SHOOTING, BEHEADING,

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INJECTION, ELECTROCUTION, AND EVEN STONING. others for enforcing the king’s law), and punishment
COMPARATIVISTS find that in many developing is inconsistent, sometimes harsh, sometimes lenient.
countries such as Iran, Indonesia, Belarus, and many Most of Continental Europe developed along this
others, that violent methods of execution such as hanging path.
beheading, shooting, and stoning are much more
common ways of carrying out the death penalty, and in 3. URBAN –INDUSTRIAL SOCIETIES, which produce
many cases the only ways. However, in western culture most of the goods and service they needs without
as well as developed countries such as the United States government interference.
less brutal execution such as lethal injection is utilized. An urban-industrial society not only has
Even prison sentences can come harshly. In many codified laws (statutes that prohibit) but laws that
countries such as Burma a person can be sentenced to prescribe good behavior, police become specialized
prison for merely disagreeing with the government. in how to handle properties crimes, and the system of
Presumably ridiculous sentences such as multiple life punishment is run on market principles of creating
sentences or sentences of hundreds, even thousands of incentives and disincentives. England and the U.S.
years are meant to prohibit the chance of parole in the followed this positive legal path.
future. Although it may seem preposterous, western
cultures carry out the same type of sentencing. Even 4. BUREAUCRATIC-SOCIETIES are modern post-
though similar sentences are used across the globe industrial societies where the emphasis is upon
leniency is varied widely between societies. Many technique or the “technologizing” of everything,
governments such as the one mentioned above in Burma with the government.
provide swift and heavy punishment to assert their roles
of power. 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
G. FOUR (4) TYPES OF SOCIETIES overcrowding. The U.S. and perhaps only eight other
The following are the four types of societies in nations fit the bureaucratic pattern. Juvenile delinquency
the world that comparativist study: is a phenomenon that occurs in a bureaucratic society.

1. FOLK-COMMUNAL SOCIETIES are also called Some people also talk about a fifth type: Post-modern
primitive societies. society, where the emphasis is upon the meaning of
words and the deconstruction of institutions.
A folk-communal societies has little codification Developing countries tend to be lumped into the first
of law, no specialization among police and a system of two (1) and (2) types, and the study of culture becomes
punishment that just lets things go for a while more important in these contexts. Developed countries
without attention until things become too much, then tend to be the last two (3) and (4) types, and the study of
harsh, barbaric punishment is resorted to. Classic structure becomes more important. The study of culture
Eastern tribes and Puritan settlement in North involves the study of customs and folkways of the people.
America with the Salem” witch trials The study of culture involves the study of institutions, like
economic and political system.
2. URBAN-COMMERCIAL SOCIETIES, which rely on
trade as the essence of their market system.
An urban-commercial societies has civil law H. SOME COUNTRIES WITH LESSER CRIME (Model
(some standards and customs are written down), Police Systems)
specialized police forces (some for religious offenses,
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 NORTHEASTERN COLLEGE | NC
College of Criminal Justice Education
The basis of modelling police system is the continental Asian societies are also “shame-based” rather than
and police system. Continental policing is traditional in “guilt-based” as Western societies are. For example, it
nature as it based its crime control efficiency to the number is unthinkable to commit a crime in such places
of arrests and people being put to jail for punishment. The because of the shame it would bring upon one’s family
modern system uses measurement of crime control and the business or corporation with which that family
efficiency and effectiveness based on absence of crime or is associated with.
low crime rate.
Hence, on account of historical findings on crime volume, 3. Ireland
the following are hereby considered Model Police Systems.
Is another place with an unexpectedly low crime
1. Switzerland rate. despite a serious unemployment problem, the
For many years used to have travel brochures presence of large urban ghettos, and a crisis with
saying “there is no crime in Switzerland “, and religious terrorism, the Irish pattern of urban crime is
criminologist were stumped on why this was so, no higher than its pattern of rural crime.
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 The key reason of having low crime rate is the factor
Sweden) were not reporting their entire crime rate. that appears to be:
However, it was true that their crime rate was fairly a. A sense of hope and confidence among the
low. people legitimacy surveys, for example show
that 86% of more of the population believe
Reasons of having low crime rates: that the local authorities are well-skilled and
• They did a remarkable job in managing their doing everything they can.
underclass populations, the poor people who live in b. People felt like they had high degree of
the ghettos and slums. popular participation in crime control
• Swiss crime controls highly effective in using an “iron
fist, velvet glove “approach toward those who commits 4. Egypt
crime and come from the bottom echelons of Swiss The Siwa Oasis in Egypt is another place with
society. For example, when a poor person commits a little or no crime. The population of 23,000 consists of
crime, the government goes to work analyzing the 11 tribes who are the descendants of ancient Greeks,
family. Then, after some punishment (which the and it is said that Plato himself fashioned his model of
offender frequently agrees with as deserved), a long- perfect government in the Republic there,
term treatment plan is put into effect to raise that
family out of poverty. The inhabitants practice a moderate form of
Islamic justice, rejecting Shariah punishment and
2. Japan embracing Urf law (the law of tradition). Conflicts are
resolved by a tribal council, and there are no jails or
Another country with an interestingly low crime prisons. The last known crime occurred around 1950,
rate is Japan where the crime rates are not necessarily and was an act of involuntary manslaughter. The
that low, but stable and resistant to fluctuating spikes. typical punishment for wrong doings is social
Some reasons of having low crime rates are the ostracization (shunning). This type of society is an
characteristics of this country which includes: excellent example of the folk-communal or informal
• Community policing justice system.
• A patriarchal family system,
• The importance of higher education,
• And the way business serve as surrogate
families.

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traditions, political
structure, financial
growth and
CHAPTER III affluences but also
affects the
GLOBALIZATION

Chapter’s Contents: environment as a whole.

A. Introduction Gradually globalization has defined its
B. Definition of Globalization terminologies in all aspects of human civilization by
C. Globalization and Law Enforcement making the countries formulate to the policies for open
C.1 Threats on Law Enforcement economies both, domestically and internationally (What
brought by Globalization is globalization?). With the implementation of free
C2 Effects of Globalization to Law market economic systems, path is paved for mounting
Enforcement their own industrious potentials and creating multitude
D. Globalization in the Philippines openings for international trade and investment. This
served as an opportunity for the foreign markets,
factories, production and marketing measures with
people belonging to different parts of the world.
A. INTRODUCTION
The present era is said to be an age of ------------------------------------------------------------------------
globalization. Globalization is a broad term and
encompasses varied perspectives. It refers to the global B. WHAT IS GLOBALIZATION?
outlook of different nations of the world coming closer
and joining hands in terms of economy, education, It is a process of interaction and integration
society and politics. Globalization empowers a view for among people, companies and governments of
the entire world as a whole irrespective of the national different nations, a process driven by international
identity and thus globalization has narrowed the world trade and investment and aided by information
by bringing people of all nations closer. technology. This process has effects on the
Enabling people of one nation to communicate environment, on culture, on political systems, on
with those of the other nation(s) is the biggest economic development and prosperity, and on
achievement in terms of globalization and development. human physical well-being in societies around the
The culture, trade, business, ethics and conduct of one world.
group in one part of the world can influence others may
or may not be of same nation. It is irrespective of the time It is a package of transnational flows of
and space and language bindings as these people, production, investment, information,
communications are in terms of trade, social internet ideas and authority.
forums. The process of globalization is therefore, an
amalgamation of interaction and integration among The term globalization refers to the process of
different groups of people, various organizations and global integration of the economies of nations by
governments of different nations. This communication is allowing the unrestricted flow of goods, services,
supported by information technology (What is investments and currencies between countries.
globalization?). The interaction not only influences Nation states pursued globalization in the hope that
people and their welfare in terms of civilization, this would lead to prosperity.

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Globalizationrefers to the integration of
In economic context, it refers to the reduction and economies around the world contingent on the
removal of barriers between national borders in order to removal of restrictions on trade and finance.
facilitate the flow of goods, capital services and Globalization also refers to the exchange of cultural
labor…although considerable barriers remain to the flow ideas. The effects of globalization reach all countries
of labor. from the richest to the poorest.

Globalization (or globalisation) refers to the Alison Brysk in a digest paper stated that
increasing global relationships of culture, people, and Globalization is the growing interpenetration of
economic activity. It is generally used to refer to states, markets, communication, and ideas. It is one of
the leading characteristics of the contemporary
world. International norms and institutions for the
protection or policing human rights are more
developed than at any previous point in history, while
global civil society fosters growing avenues of appeal
for citizens repressed by their own state.

But assaults on fundamental human dignity

continue, and the very blurring of borders and rise of
transnational actors that facilitate the developed of a
global human rights regime may also be generating new
sources of human rights abuse.
With Brysk’s view on globalization and human
rights, a more broadly articulated and accepted way of
protecting these rights is with in the hands of law
enforcements Agencies in the world. The rights of
individuals have come to depend ever more on a broad
economic globalization:
array of global system of policing and forces, from the
1. The global distribution of the production of goods
local to the INTERPOL.
and services, through reduction of barriers to
international trade such as tariffs, export fees,
and import quotas and
C. GLOBALIZATION AND LAW ENFORCEMENT
2. The reduction of restrictions on the movement of
capital and on investment.
Every nation has its own law enforcement agency
3. Globalization may contribute to economic growth
called the POLICE. One thing is common, the police
in developed and developing countries through
symbolize the presence of a civil body politics in everyday
increased specialization and the principle of
life; they symbolize the capacity of the state to intervene
comparative advantage.
and the concern of the state for the affairs of citizenry. It
The term can also refer to the transnational
is the therefore timely to discuss the connection of
circulation of ideas, languages, and popular culture.
globalization to policing.
Some have argued that a form of globalization began
with the rise of trade links between Sumer and the Indus
C.1 Threats on Law Enforcement brought by
Valley Civilization in the third millennium B.C.In the
globalization
recent decades, globalization has made large advances.
1. Increasing volume of human rights violations
evident by genocide or mass killing.
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2. The underprivileged gain unfair access to global D. GLOBALIZATION IN THE PHILIPPINES
mechanisms on law enforcement and security.
3. Conflict between nations. Developing
4. Transnational criminal networks have taken country like the
advantage for drug trafficking, smuggling money Philippines, is one of the
laundering, terrorism, financial frauds, countries in Asia where
intellectual property piracy, and other illicit the country has been
ventures. affected by globalization.
5. Globalization allowed international criminals to The country is taking part
expand their networks and increase their in the process of
cooperation in illicit activities and financial globalization ever since
transactions. the country signed
6. Though the use of computers, international agreements with WTO (World Trade Organization) in
criminals have an unprecedented capability to 1995. Since then, the nation had hope for WTO to bring
obtain process and protect information and developments within the nation’s poor economy and also
sidestep law enforcement investigations. They to have a role within the global economy and trade. Now,
can use the interactive capabilities of advanced globalization is very effective in the Philippines, it has
computers and telecommunications system to allowed major changes in the nation like more labor, and
plot marketing strategies for drugs and other more Filipino and foreign companies has emerged in the
illicit commodities, to find the most efficient nation in order to help the country’s developing
routes and methods for smuggling and moving economy. Generally, the Philippines is one of the
money in the financial system, and to create false developing countries that is rapidly dealing with
trails for law enforcement or banking security. globalization ever since the influence of the US during the
More threateningly, some criminal organizations World War II.
appear to be adept at using technology for
counterintelligence purposes and for tracking law The country had high levels of education and
enforcement activities. English literacy due to the influence of Uncle Sam, decent
savings rates, and an export-oriented agricultural sector
C.2 Effects of Globalization to Law Enforcement (V. that generated more than sufficient foreign exchange.
Delos Santos) The industrial sector was growing rapidly and the
country had one of the highest per capita incomes in
 The facilitation of transnational crimes and Southeast Asia.
criminals can be easily achieved.
 There is a need for transnational policing. The There was much to look forward to on the
cooperation among police organization in the economic and business front. The Philippines is a country
world is vital. of ups and downs of conspicuous consumption of
 Training instructions for incoming law devastating poverty, hunger and suffering. The economy
enforcement officers include advance computer is basically agricultural, with rice, corn, and kamote
to prepare theme as cyber cops so they can be (sweet potatoes) the staple food crops. Key cash crops
better prepared to deal with cybercrimes. include coconuts, fruits and vegetables, sugar, tobacco,
 Development of new strategies to deal with and abaca (the famous "Manila hemp" used for rope
international organized crimes. making). In aggregate, about two-thirds of Filipinos
continue to depend on the agricultural sector. The
Philippines is rich in natural resources, as reflected in the
fact that foreign exchange earnings have derived largely
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from export of primary commodities. The export of fruits Globalization can make the Philippines into a
and vegetables, especially pineapple products and better nation if the Philippine leaders to make their
bananas, plays a key economic role every year. economy more advance through global trading and
allowing more foreign investors to the help boost the
Each of these factors has been in its own way economy. And by accomplishing those goals, the
force throughout the world. But more interesting is the Philippines should be able to reduce the poverty level as
realization that governments today no longer possess the well as increase labor force for job opportunities for
reserves to materially affect the global capital markets. those that are in need for a living. However, since the
Capital now moves according to the dictates of markets, poverty level is still increasing, most Filipinos has
not of governments. With its great confidence on joining managed to find work overseas and they have managed
the WTO, the Philippines are still lagging behind its to seek better living than in the Philippines. The most
Southeast Asian neighbors in terms of economic effective factor in the Philippines is education. The
performance. Whereas, the Philippine economic growth society’s mentality is to be educated and it’s with
was second only to Japan ’s in the 1960’s. But when the education that people in the nation see their opportunity
nation joined the WTO in 1995, the Philippines had for a better life in the future.
entered the global economic game with its domestic
political economy unprepared and undeveloped.

As a result, the Philippine state has failed to

create the kind of organized socioeconomic environment ======END OF PRELIMINARY COVERAGE========
that would have prepared the country for global
competition. There are many things that globalization
that brought quick changes into the Philippine society.
With its vast development it has brought about
technologies mostly computers and software and also
telecom companies are being introduced into the market.
Thanks to globalization, such technologies were
influenced by Philippines neighboring Asian countries
like Malaysia and China , and even Japan . Thanks to
globalization, it has opened its economy to foreign trade
and investment. Furthermore, globalization has allowed
Filipino workers to travel the world, but most head for
the Middle East, East Asia, the US and Canada and Europe
due to better economies and better money. Filipinos
working overseas numbered more than three million -
about 10 percent of the labor force. The total number of
overseas Filipinos may be as high as eight million,
according to the government.

The Philippines is a developing country that is

bound to develop due to globalization. I believe that
globalization will make its impact in the Philippines
because the whole society relies on westernization due to
globalization.

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