Scribd
Upload
4 views

Lesson-1

The document discusses the significance of policing as a critical function of government and its role in maintaining law and order while highlighting the differences in police systems globally. It explores comparative research in criminal justice, the impact of globalization on law enforcement, and various types of police systems including common law, civil law, socialist, and Islamic systems. Additionally, it outlines the evolution of policing from ancient practices to modern theories and concepts of police service.

Uploaded by

renersoco
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
4 views

Lesson-1

The document discusses the significance of policing as a critical function of government and its role in maintaining law and order while highlighting the differences in police systems globally. It explores comparative research in criminal justice, the impact of globalization on law enforcement, and various types of police systems including common law, civil law, socialist, and Islamic systems. Additionally, it outlines the evolution of policing from ancient practices to modern theories and concepts of police service.

Uploaded by

renersoco
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 3

Introduction - Policing is one of the most important functions undertaken by the every sovereign

government. For the state machinery, police is an inevitable organ which would ensure maintenance of
law and order, and also the first link in the criminal justice system. On the other hand, for common man,
police force is a symbol of brute force of authority and at the same time, the protector from crime. Police
men get a corporate identity from the uniform they wear; the common man identifies, distinguishes and
awes him on account of the same uniform. The police systems across the world have developed on a socio
cultural background, and for this reason alone huge differences exist between these police systems.
Policing mainly rests on either of the two broad principles: Policing by consent and Policing by law.

Comparative Research
Comparative is using comparison as a method of study, or founded on something using it.

Comparative simply is the act of comparing two or more things with a view to discovering something
about one or all of the things being compared. This technique often utilizes multiple disciplines in one
study.

There are three practical reasons we should compare systems of and issues in criminal justice.

To benefit from experience of others;

To broaden our understanding of different cultures and approaches to problems; and

To help us deal with the many transnational crime problems that plague our world today.

Globalization - The rapid development of the western culture that affects other cultures in the world as
brought by intellectual and technological advances, in which some crimes occurring in other countries are
attributed.
➢ The term can also refer to the transnational circulation of ideas, languages, or popular
culture through acculturation.
➢ A package of transnational flows of people, production, investment, information, ideas,
and authority.

❖ Threat to law enforcement – Some threats brought about by globalization are:


➢ Increasing volume of human rights violation evident by genocide or mass killing.

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.

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.

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 is Peace 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
theTithingman. 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 WilliamThe 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) 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

You might also like