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Comparative police systems_preview

  1. 1. Copyrighted Material.
  2. 2. Copyrighted Material.
  3. 3. Copyrighted Material. Philippine Copyright© 1969, 2003, 2013 by HARRY C. LORENZO, JR. ALL RIGHTS RESERVED No part of this book may be reproduced without written permission from the Author First Printing: 1969 Second Printing: 2003 by King’s Way, Cabanatuan City, Philippines Third Printing: 2013 by Tri-Psyc Enterprises, Lorenzo Ville, Cabanatuan City Editor: Winston John Romero Casio
  4. 4. Copyrighted Material. Contents Preface ......................................................................... V INTRODUCTION ............................................................... VII CHAPTER 1 POLICING MODEL: UNITED STATES ................................ 1 CHAPTER 2 POLICING MODEL: ENGLAND .......................................... 31 CHAPTER 3 POLICING MODEL: FRANCE ............................................ 47 CHAPTER 4 POLICING MODEL: SWEDEN ........................................... 61 CHAPTER 5 POLICING MODEL: JAPAN ............................................... 75 CHAPTER 6 POLICING MODEL: RUSSIAN FEDERATION ...................... 87 CHAPTER 7 ASEAN POLICE SYSTEM .................................................. 99 A. INDONESIAN POLICE SYSTEM ......................... 99 B. ROYAL MALAYSIAN POLICE ............................. 103 C. SINGAPORE POLICE SYSTEM ........................... 114 D. THAI POLICE FORCE ........................................ 118 Chapter 8 PHILIPPINES AND INTERNATIONAL POLICING ................. 123 A. INTERNATIONAL CRIMINAL ORGANIZATION of POLICE (INTERPOL) ............. 123 B. ASEAN NATIONAL POLICE (ASEANAPOL) .......... 35 1 References .................................................................. 141
  5. 5. Copyrighted Material. Policing Model : United States CHAPTER 1 POLICING MODEL: UNITED STATES1 INTRODUCTION The history of the police is extremely relevant to understanding the police today. The idea that the police are resistant to change is a myth. In fact, American policing has changed tremendously, even in the last twenty years. The study of history helps us understand how and why these changes occur. It can illuminate the social and political forces affecting the police, as well as the dynamics of planned reform. Many current problems have long histories. Corruption, for example, is deeply rooted in police history, and it is useful to understand its origins and why it has been so difficult to eliminate. Some current problems, on the other hand, are the result of yesterday’s “reform.” The patrol car was hailed as a great advance because it allowed efficient patrol coverage, but it isolated officers from the public and contributed to police community relations problems. Other reforms have succeeded. Recent controls over police use of deadly force have cut the number of citizens shot and killed by the police in half. It is useful to analyze why some reforms succeed, why some problems resist elimination, and why other reforms fail. THE ENGLISH HERITAGE American policing is a product of its English heritage. The English colonists brought with them the criminal justice system of their country. This included English common law; the high value placed on individual rights, the court system, forms of punishment, and law enforcement institutions. 1 Walker, Samuel. The Police in America: An Introduction, (Second Edition: United States of America: McGraw Hill, Inc., 1992). 1
  6. 6. Copyrighted Material. 2 AN INTRODUCTION TO COMPARATIVE POLICE SYSTEMS General Characteristics The English heritage contributed three enduring features to American policing. The first is a tradition of limited police authority. The American legal tradition seeks to protect individual liberty by limiting government authority. Continental European countries, by contrast, give their law enforcement agencies much broader powers. German citizens, for example, are required to carry identity cards and report changes of address to police authorities. The second feature inherited from England is a tradition of local control of law enforcement agencies. European countries, by contrast, have centralized, national police forces. Local control contributes to the third feature, namely, a highly decentralized and fragmented system of law enforcement. The United States is unique in having an estimated 20,000 separate law enforcement agencies, subject only to minimal coordination and very little national control or regulation. Institutions Formal law enforcement agencies emerged in England in the thirteenth century. The constable assumed primary responsibility for keeping the peace. An elected official of the manor or county parish, the constable was also the local government executive. The Statute of Winchester in 1285 added several important new elements. The “watch and ward” required all men in a given town to serve on the night watch to guard against fires, crimes, and suspicious persons. The “hue and cry” made all citizens responsible for pursuing fugitives from justice. Finally, the Statute of Winchester required all males to maintain weapons in their homes for use in protecting the public peace. Between the thirteenth and nineteenth centuries, the English law enforcement tradition developed in an unsystematic manner. New institutions were created and old ones changed. The sheriff (originally “shire reeve”) appeared, from whom the American sheriff is descended. The justice of the peace emerged in the fourteenth century as an important element of the local system of justice. Much of the responsibility for law enforcement, however, remained in the hands of private individuals. Crime victims had to pursue offenders on their own.
  7. 7. Copyrighted Material. Policing Model : United States CREATION OF THE MODERN POLICE: LONDON, 1829 By the early nineteenth century, the old system of law enforcement began to collapse as London grew into a large industrial city, with problems of poverty, public disorder and crime. The 1780 Gordon riots between Irish immigrants and local English residents triggered a long debate over how to provide better public safety. Parliament debated the question for nearly fifty years, finally creating the London Metropolitan Police in 1829. The London police eventually became the model for American law enforcement. The father of the London police was Sir Robert Peel, from whom the term ‘Bobbies’ originated. The London police introduced three new elements to modern policing. These are the following: a new mission, strategy, and organizational structure. The mission was crime prevention, reflecting the utilitarian idea that it was better to prevent crime than to respond after the fact. Crime prevention, or deterrence, was to be achieved through a strategy of preventive patrol. Officers would maintain a visible presence in the community by continuously patrolling fixed “beats.” Peel borrowed the organizational structure of the London police from the military, including uniforms, rank designations, and, most important, the authoritarian system of command and discipline. This quasi-militia style prevails in American police administration to this day. The continual presence of the police in the community was another distinct feature of modern policing. It reflects the general growth of government regulation in all aspects of social and economic life. In a comparative study of the development of policing around the world, David Bayley argues that the essential features of the modern police are that they are “public, specialized, and professional.” They are public in the sense that they transfer responsibility for public safety to government agencies. They are specialized in the sense that they have a distinct mission of law enforcement and crime prevention. Originally, they are professional in the sense that they are fulltime, paid employees. Bayley points out that the characteristics of modern policing did not appear all at once. Even though the year 1829 is usually cited as the origin of modern day policing, in reality the London model represented a consolidation of features that had been developing for centuries.2 2 Dempsey, John and Frost, Linda. Introduction to Policing, (Sixth Edition: United States of America: Cengage Learning, 2012). Page 9. 3
  8. 8. Copyrighted Material. 4 AN INTRODUCTION TO COMPARATIVE POLICE SYSTEMS LAW ENFORCEMENT IN COLONIAL AMERICA The first English colonists in America created law enforcement institutions as soon as they established organized communities. These early English institutions, however, eventually evolved and acquired distinctive American features. LAW ENFORCEMENT INSTITUTIONS The principal law enforcement institutions in colonial America were the sheriff, the constable, the watch, and the slave patrol.3 Appointed by the colonial governor, the sheriff was the chief local government official, with many responsibilities: collecting taxes, conducting elections, maintaining bridges and roads, and so on. Criminal law enforcement was only a part of the sheriff’s role. The constable also had some criminal law enforcement responsibilities in colonial towns and cities. Initially an elective position, the constable gradually evolved into a semi-professional appointed office, in Boston and several other cities, the office of constable became a desirable and often lucrative position. The watch most nearly resembled the modern-day police, Members of the watch patrolled the city to guard against fires, crime, and disorder. Originally, it was strictly a night time activity; gradually, the larger cities created day watches, Boston created a watch in 1634. Following the English tradition, service on the watch was a collective responsibility, with all adult males required to serve. Over the years, increasing numbers of men tried to avoid duty, either by outright evasion or by paying others to serve in their place. Eventually, the watch evolved into a paid professional position. The slave patrol was a distinctly American form of law enforcement, it was created in the Southern states to guard against slave revolts and capture runaway slaves. In some respects, the slave patrols were the first modern police forces in this country. The Charleston (South Carolina) slave patrol, with about 100 officers in 1837, was possibly the country’s largest police force at that time. THE FIRST MODERN AMERICAN POLICE Modern police forces were established in the United States about ten years after the creation of the London police. As in England, the old system of law enforcement broke under the impact of urbanization, industrialization, and immigration. Beginning in the 1830s, a wave of riots struck American cities. Disorder became a more serious and 3 Ibid, Page 11.
  9. 9. Copyrighted Material. Policing Model : United States more frequent problem, Boston had major riots in 1834, 1835, and 1837. In 1838, Abraham Lincoln—then a member of the Illinois state legislature-warned of the “increasing disregard for law which pervades the country.” Many riots were clashes between different ethnic groups: Irish or German immigrants against native-born English Protestants. Other riots were economic in nature. During economic crises, for example, angry depositors often stormed and destroyed banks. Disputes over moral questions also resulted in mass violence. In several cases, people objecting to new medical practices attacked hospitals. Finally, racial violence grew in the years before the Civil War, with proslavery whites attacking abolitionists and free black citizens in Northern cities. Despite the breakdown in law and order, Americans moved very slowly in creating new police forces. New York City did not create a new police force until 1845, eleven years after the first outbreak of riots. Philadelphia followed a more erratic course. Between 1833 and 1854, in the face of recurring riots the city wrestled with the problem of police reform before finally creating a consolidated, citywide police force on the London model. These delays reflected deep public uncertainty about modern police methods. For many Americans, police officers dispersed throughout the community brought to mind the hated British colonial army. Others were afraid that rival politicians would fight for control of the police department to their own partisan advantage—a fear that proved to be correct. Finally, many people were reluctant to raise the taxes necessary to pay for a large police force. This conflict between the desire for greater protection and the reluctance to pay for it remained a long tradition in American policing. Many of the early American police departments were little more than expanded versions of the existing watch system. The Boston police department began with only nine officers in 1838. The first American police officers did not wear uniforms; they were identified only by a distinctive hat and badge. Nor did they carry firearms. Weapons did not become standard police equipment until the late nineteenth century, as community crime and violence rose to more serious levels. From the London model, Americans borrowed the mission of crime prevention, the strategy of visible patrol over fixed beats, and some elements of the quasi-military organizational structure. The most important difference was in the nature of the political control over police departments. The United States was a far more democratic country than Britain. American voters—only white males with property until the latter part of the century-exercised direct control over all government agencies. (In London, by contrast, voters had no direct control over the new police force.) As a result, American police departments were immersed in local politics, a situation that led to many 5
  10. 10. Copyrighted Material. 6 AN INTRODUCTION TO COMPARATIVE POLICE SYSTEMS serious problems. The commissioners of the London police, freed from political influence, were able to maintain high personnel standards. AMERICAN POLICING IN THE NINETEENTH CENTURY Personnel Standards: Personnel standards, for all practical purposes, did not exist; Officers were selected entirely on the basis of their political connections. In New York City, a $300 payment to the Tammany Hall political machine was the only requirement for appointment to the force. Lack of intelligence, poor health, and a criminal record were no barriers to employment. Recruits were handed a badge, a baton, and a copy of the department rules (if one existed), and were sent out on patrol duty. Only a few departments offered any formal pre-service training to new officers. Cincinnati created a police academy in 1888, but it lasted only a few years. New York City established a School of Pistol Practice in 1895, but offered no training in any other aspect of policing until 1909. Yet an investigation of the New York police academy in 1913 found that no tests were given and all recruits were automatically passed. The first textbook on police administration did not appear until 1909. Police officers had no job security and could be fired at will. In some instances, almost the entire police force was dismissed after an election. Nonetheless, it was an attractive job because salaries were generally higher than those for most blue collar jobs. In 1880 officers in most big cities earned $900 a year, compared with $450 for factory workers. Jobs on the police force were a major form of political patronage, and the composition of departments reflected the ethnic and religious makeup of the cities. When politicians of English and Protestant background controlled a city, these ethnic groups dominated the police department. Discrimination against recent immigrants was common. Irish-Americans were discriminated against until they won political power. The appointment of Barney McGinniskin, the first Irish-American police officer in Boston, created a major political crisis in 1851. German-Americans were strong in Cleveland, Cincinnati, Milwaukee, and St. Louis. Other groups fought for their share of patronage appointments. After the Civil War, blacks were appointed as officers in northern cities where the Republicans were in power. Patrol Work: Police patrol was hopelessly inefficient. The lack of communications systems made it impossible to respond to crime and disorder. Officers patrolled on foot and were spread very
  11. 11. Copyrighted Material. Policing Model : United States thin. In Chicago beats were three and four miles long. In many cities entire areas were not patrolled at all. Supervision was extremely weak. Officers easily evaded duty and spent much of their time in saloons and barber shops. Rain, snow, and extremely hot weather were powerful incentives for officers to avoid patrolling. Sergeants also patrolled on foot and found it nearly impossible to keep track of the officers under their command. The first primitive communications system involved a network of call boxes through which patrol officers could call in to the station house. Officers devised ways of sabotaging the system. The first boxes could be taken out of service by leaving the receiver off the hook. Some systems did not indicate the location of the call box, and officers simply lied about where they were. Without an effective communications system, citizens could not contact the police. In the event of a crime or disturbance, a citizen had to personally locate a police officer. Even if one could be found, the officer had to walk to the scene. Officers had no efficient way of summoning help in the case of major disturbances. The Citizen’s View of Policing: In later years, a nostalgic image developed of the nineteenth-century foot patrol officer, He was seen as a friendly person who maintained close relations with neighborhood residents. If his methods were often rough, he was at least effective in maintaining order. This view has little if any basis in fact. It is doubtful that the first American police officers had close relations with people on their beats. Officers were few in number, personnel turnover was rapid, and population movement was even greater than it is today. Police officers frequently used physical force, and there is no evidence that it helped to control disorder. The truth is that nineteenth-century police officers enjoyed little citizen respect and faced much open hostility. Citizens regarded them as political hacks rather than as public servants. Juvenile gangs made a sport of throwing rocks at the police or taunting them. People who were arrested often fought back (about 80% of all arrests involved public drunkenness). Discipline was virtually nonexistent, and excessive use of force became commonplace. In a provocative study of police activity in London and New York City, Wilbur Miller analyzes the reasons that policing in the two cities developed in such different directions. He argues that in London a high level of mutual respect emerged between citizens and police. Although many citizens were initially hostile to the new police, they came to respect officers because of their civil conduct. 7
  12. 12. Copyrighted Material. 8 AN INTRODUCTION TO COMPARATIVE POLICE SYSTEMS Police restraint, in turn, was the result of high personnel standards and strict supervision. Over the long run, increasing public respect reinforced police civility. In the United States, by contrast, hostility rather than restraint became the rule. Public disrespect was typically greeted by police brutality, which went unpunished. Continued use of force by the police only encouraged more public hostility. Ultimately, this vicious circle led to a complete lack of public respect for police officers and a lack of professionalism in American policing. Citizen violence in the United States also led to greater use of police firearms. As late as 1880 the police in Brooklyn (then an independent city of 500,000 people) were unarmed. In some cities weapons were optional or carried at the discretion of a sergeant. Firearms did not become standard equipment for police officers until after the Civil War. The police adopted firearms mainly in response to the rising level of violence around them. THE ORIGINS OF POLICE PROFESSIONALISM: THE TWENTIETH CENTURY American policing underwent a dramatic change ¡n the twentieth century. There were to principal forces for change. First, a movement to establish professional standards in policing, which appeared at the turn of the century, eventually succeeded in raising the quality of policing. Second, the introduction of modern communications technology in the middle of the century transformed both police work and police administration. THE PROFESSIONALIZATION MOVEMENT Around the turn of the century, a new generation of leaders launched an organized effort to professionalize the police. Police reform was part of a much broader movement in the United States between 1900 and 1917. Progressivism, as it was known, attacked economic abuses (by regulating big business), social welfare abuses (by seeking child labor laws), local government corruption and many other problems. The two most prominent leaders of the professionalization movement were Richard Sylvester and August Vollmer. Sylvester was superintendent of the District of Columbia police from 1898 to 1915 and president of the International Association of Chiefs of Police (IACP) from 1901 to 1915. He made the IACP the national voice of