What is Comparative Police System x)

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What is Comparative Police Systemx? It is the science and art of investigating and comparing the police system of nations. It covers the study of police organizations, trainings and methods of policing of various nations.

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What is the Comparative Criminal Justice? It is subfield of the study of Criminal Justice that compares justice systems worldwide. Such study can take a descriptive, historical , or political approach. It studies the similarities and differences in structure, goals, punishment and emphasis on rights as well as the history and political stature of different systems.

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What are the 3 basic functions of criminal justice system? • • •

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policing adjudication corrections

What is the International Criminal Justice? It involves the study and description of one country’s law, criminal procedure, or justice (Erika Fairchild). Comparative criminal justice system attempts to build on the knowledge of criminal justice in one country by investigating and evaluating, in terms of another country, culture, or institution.

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What is transnational crime? It is a term that has been used in comparative and international criminal justice study in recent years to reflect the complexity and enormity of global crime 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: • • • • •

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Money laundering Drug trafficking Terrorism Human trafficking Cyber crimes

What is International Crime?

Defined as crimes against the peace and security of mankind (Adler, Mueller, and Laufer, 1994). The UN has identified the following as international crimes. • • • • • •

Aggression (by one state against another) Treat of aggression Genocide (destroying a national, ethnic, racial, or religious group) Terrorism Drug trafficking

What is meant by model system? Model system is used to described the countries being used as topics of discussion. These countries are chosen not because they are greater than others but because they are the focus of comparison being studied.

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Why compare systems and issues in criminal justice? According to Harry Damner there are many reasons why we need to compare but the basic reasons are: • • •

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To benefit from the experience of others To broaden our understanding of the different cultures and approaches to problems To help us deal with the many transnational crime problems that plague our world today

What are the 4 types of societies? The following are the four types of societies in the world that comparativists study: •

Folk-communal societies are also called primitive societies. A folk-communal society has little codification law, no specification among police, and a system of punishment that just lets things go for a while without attention until things become too much, and then harsh, barbatic punishment is resorted to. Classic examples include the early Roman gentles, African and Middle Eastern tribes, and Puritan settlements in North America (with the Salem “with trials”).

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Urban-commercial societies, which rely on trade as the essence of their market system. An urban-commercial society has civil law (some standards and customs are written down), specialized police forces (some for religious offenses,

others for enforcing the King’s Law), and punishment is inconsistent, sometimes harsh, sometimes lenient. Most of Continental Europe developed along this path. •

Urban-industrial societies, which produce which produce most of the goods and services they need without government interference. An urban-industrial society not only has codified laws (statutes that prohibit) but laws that prescribes good behavior, police become specialized in how to handle property crimes, and the system of punishment is run on market principles of creating incentives and disincentives. England and the U.S. followed this positive legal path.

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Bureaucratic societies are modern post-industrial societies where the emphasis is upon technique or the “technologizing” of everything, with the government. 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 overcrowding. The U.S. and perhaps only eight other nations fit the bureaucratic pattern. Juvenile delinquency is a phenomenon that only occurs in a bureaucratic society.

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What are the 10 types of criminal justice law in the world? •

Common Law System These are also known as Anglo-American justice, and exist in most English-speaking countries of the world, such as the U.S., England, Australia, and New Zealand. They are distinguished by a strong adversarial system where lawyers interpret and judges are bound by precedent. Common law systems are distinctive in the significance they attach to precedent (the importance of previously decided cases). They primarily rely upon oral systems of previously in which the public trial is a main focal point.

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Civil Law System

Also know as Continental justice or Romano-Germanic justice, and practice throughout most of the European Union as well as elsewhere, in places such as Sweden, Germany, France, and Japan. They are distinguished by a strong inquisitorial system where fewer rights are granted to the accused, and the written law is taken as gospel and subject to little interpretation. For example, a French maxim goes like this: “If judge knows the answer, he must not be prohibited from achieving it by undue attention to regulations of procedure and evidence. By contrast, the common law method is for a judge to at least suspend belief until the sporting event of a trial is over. Legal scholarship is much more sophisticated and

elitist in civil law systems, as opposed to the more democratic common law countries where just about anybody can get into law school. Romano-Germanic systems are founded on the basis of natural law, which is a respect for traditional and custom. The sovereigns, or leaders, of a civil law system are considered above the law, as opposed to the common law notion that nobody is above the law. •

Socialist Systems These are also known as Marxist-Leninist justice, and exist in many places, such as Africa and Asia, where there has been a Communist revolution or the remnants of one. They are distinguished by procedures designed to rehabilitate or retrain people into fulfilling their responsibilities to the state. It is the ultimate expression of positive law, designed to move the state forward toward the perfectibility of state and mankind. It is also primarily characterized by administrative law, where non-legal officials make most of the decisions. For example, in a socialist state, neither judges nor lawyers are allowed to make law. Law is the same as policy, and an orthodox Marxist view is that eventually, the law will not be necessary.

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Islamic System Are also known as Muslim or Arabic justice, and derive all their procedures and practices from interpretation of the Koran. These are exceptions, however. Various tribes (such as the Siwa in the desert of North Africa) are descendents of the ancient than the harsher Shariah punishments. Islamic systems in general are characterized by the absence of positive law (the use of law to move societies forward toward some progressive future) and are based more on the concept of natural justice (crimes are considered acts of injustice that conflict with tradition). Religion plays an important role that Islamic systems, so much a role that most nations of this type are theocracies, where legal rule and religious rule go together.

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What is Globalization? Globalization is a process of interaction and integration among the people, companies, and government of different nations, as process driven by international trade and investment and aided by information technology. This process has effects on the environment, on culture, on political systems, on economic development and prosperity, and on human physical well-being in societies around the world. In economic context, it refers to the reduction and removal of barriers between national borders in order to facilitate to flow of goods, capital, services and labor.. Although considerable barriers remain to the flow of labor.

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What are Effects of Globalization to La w Enforcement in the Philippines? (V. Delos Santos) • The facilitation of transnational crimes and criminals can be easily achieved. • There is a need for transnational policing. The cooperation among police organization in the world is vital. • Training instructional for incoming law enforcement officers must include advance computer to prepare them as cyber cops so they can be better prepared to deal with cyber crimes. • Development of new strategies to deal with international organized crimes is a must. • Provisions of law enforcement with updated legislations related to modernization theory of crime.

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What are the Threats to Law Enforcement Brought by Globalization International criminal networks have been quick to take advantage of the opportunities resulting from the revolutionary changes in world politics, technology, and communication that have strengthened democracy and free markets, brought the world’s nations closer together, and given the some countries unprecedented security and prosperity. Globalization allowed international criminals to expand their networks and increase their cooperation in illicit activities and financial transactions. Criminals have taken advantage of transitioning and more open economies to establish front companies and quasi-legitimate businesses that facilitates smuggling, money laundering, financial frauds, intellectual property piracy, and other illicit ventures. Criminal groups have taken advantage of the high volume of legitimate trade to smuggle drugs, arms, and other contraband across national boundaries. Criminals are able to exploit the complexity of the international system to hide drugs or other contraband or to conceal the true origin and ownership of cargo within contraband is hidden. Through the use of computers, international criminals have an unprecedented capability to obtain, process, and protect information and sidestep law enforcement investigations. They can use the interactive capabilities of advanced computer and telecommunications systems to plot marketing strategies for drugs and other illicit commodities, to find the most efficient routes and methods for smuggling and moving money or banking security. International criminals also take advantage of the speed and magnitude of financial transactions and the fact that there are few safeguards to prevent abuse of the system to move large amounts of money without scrutiny. More threateningly, some criminals

organizations appear to be adept at using technology for counter intelligence purpose and for tracking law enforcement activities. •

What are the Different Police Global Organizations? The different police international associations in the world are • ASEAN Chiefs of Police • Europol • IACP • Interpol • UN policing

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When was ASEAN Chiefs of Police Establish? Aseanapol (ASEAN Chiefs of police) was established in 1998.

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What are the member of countries of ASEAN CP? • • • • • • • • • •

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What are the objectives of ASEANAPOL? • •

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Enhancing police professionalism Forging stronger regional co-operation in police work and promoting lasting friendship among the police officers of ASEAN countries.

What is EUROPOL? • •

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Indonesia Malaysia Philippines Singapore Thailand Brunei Darussalam Vietnam Lao PDR Myanmar Cambodia

It means European Police Office or Europol Europal is the European Union’s criminal intelligence agency. It became fully operational on 1 July 1999.

What is the aim of Europol?

Europol’s aim to improve the effectiveness and co-operation between the competent authorities of the member states primarily by sharing and pooling intelligence to prevent and combat serious international organized crime. Its mission is to make a significant contribution to the European Union’s law enforcement efforts targeting organized crime. •

What is the mission of Europol? The mission of Europol is to make a significant contribution to the European Union’s law enforcement action against organized crime and terrorism with an emphasis on targeting criminal organizations.

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How does Europol Assist Member States Investigations? Europol supports the law enforcement activities of the member states by: Facilitating the exchange of information between Europol and Europol Liaison Officers (ELO’s) are seconded the Europol by the Members States as representatives of their national law enforcement agencies, thus they are not under the command of Europol and its Director as such. Furthermore, they act in accordance with their national law. Providing operational analysis and support to Member States operations; Providing expertise and technical support for investigations and operations carried out within the EU, under the supervision and the legal responsibility of the Member States; Generating strategic reports (e.g. threat assessment) and crime analysis on the basis of information and intelligence supplied by Member States or gathered from other sources.

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What

is Europol’ss mandate? Europols supports the law enforcement activities of the member states mainly against: • • • • • •

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Illicit drug trafficking Illicit immigration networks; Terrorism; Forgery of money (counterfeiting of the euro) and other means of payment; Trafficking in human beings (including child pornography); Illicit vehicle trafficking; Money laundering.

Does Europol only act on request?

Yes, Europol only acts on request at present. However, the Protocol of the 28 November 2002 amending the Europol convention, allows Europol to request the competent authorities of the Member States to investigate. Article 3 b) of the Protocol states that “Member States should be deal with any request from Europol to initiate, conduct or co-ordinate investigations in specific cases and should give such requests due consideration. Europol should be informed whether the requested investigation will be initiated”. •

What is the added value of having Europol as a European law enforcement agency? There are numerous advantages for the European law enforcement community. Europol is unique in this field as it is multi-disciplinary agency, comprising not only regular price officers but staff members from the various law enforcement agencies of the Member States and covering specialized areas such as customs, immigration services, intelligence services, border and financial police.

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What is Interpol? Interpol is the short form of International Criminal Police Organization. It began in 1923, and at the same time its name was International Criminal Police Commission. In 1956, its name became International Criminal Police Organization. The word Interpol was a short of International Criminal Police Organization. This short form served as the address to receive telegrams. Slowly, the name of this international organization became famous as Interpol. Now, Interpol is the second biggest international organization; the United Nations is the first. Some important information about Interpol: Interpol is crime fighting organization, just like your local police department. Instead, they help other member countries that need to co-operate by connecting all members of Interpol by a network of files of criminals and cases if any of Interpol’s 182 nations need them.

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What does Interpol do? Interpol records any information about something that was in a criminal case, ex: information on criminals, type of crime, vehicles, anything to help any police officer with information about a certain crime.

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Why was Interpol created? The countries in Europe needed a co-operation between countries. This was needed because criminals would commit crimes in one country in Europe

and then skip to another country to avoid prosecution. Since Europe is a tightly packed continent, police didn’t have enough time to catch criminals, and the idea was created. •

What is IACP? It stands for International Association of Chiefs of Police. The International Association of Chiefs of Police is the world’s oldest and largest nonprofit membership organization of police executives, with over 20,000 members in over 80 different countries. IACP’s leadership consists of the operating chief executes of international, federal, state and local agencies of all sizes.

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What are the Missions of IACP? The IACP shall • Advance professional police services; • Promote enhanced administrative, technical, and operational police practices, foster cooperation and the exchange of information and experience among police leaders and police organizations of recognized professional and technical standing throughout the world.

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What is Transnational Organized Crime? Transnational organized crime involves the planning and execution of illicit business ventures by groups or networks of individuals working in more than one country. These criminal groups use systematic violence and corruption to achieve their goal. Crimes commonly include money laundering; human smuggling; cybercrime; and trafficking of humans, drugs, weapons, endangered species, body parts, or nuclear material. Transnational crime ring activities weaken economies and financial systems and undermine democracy. These networks often prey on governments that are not powerful enough to oppose them, prospering on illegal activities, such as drug trafficking that bring them immense profits. In carrying out illegal activities, they upset the peace and stability of nations worldwide, often using bribery, violence, or terror to achieve their goals.

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What the Major Transnational Organized Crime Groups? Transnational crime often operate in well-organized groups, intentionally united to carry out illegal actions. Groups typically involve certain hierarchies and are headed by a powerful leader. These transnational organized crime groups work to make a profit through illegal activities. Because groups operate internationally, their activity is a threat to global security, often weakening governmental institutions or destroying legitimate business endeavors.

Well-known organized crime groups include: • Russian Mafia. Around 200 Russian groups that operate in nearly 60 countries worldwide. They have been involved in racketeering, fraud, tax evasion, gambling, drug trafficking, ransom, robbery and murder. • La Cosa Nostra. Known as the Italian or Italian-American mafia. The most prominent organized crime group in the world from the 1920’s to the 1990’s. They have been involved in violence, arson, bombings, torture, sharking, gambling, drug trafficking, health insurance fraud, and political and judicial corruption. • Yakuza Japanese criminal group. Often involved in multinational criminals activities, including human trafficking, gambling, prostitution, and undermining licit businesses. • FukChing. Chinese organized group in the United States. They have been involved in smuggling, street violence, and human trafficking. • Triads. Underground criminal societies based in Hong Kong. They control secret markets and bus routes and are often involved in money laundering and drug trafficking. • Heijin Taiwanese gangsters who are often executives in large corporations. They are often involved in white collar crimes, such as illegal stock trading and bribery, and sometimes run for public office. • Jao Pho. Organized crime group in Thailand. They are often involved in illegal political and business activity. • Red Wa. Gangsters from Thailand. They are involved in manufacturing and trafficking methamphetamine. •

What is Human Trafficking? Human Trafficking is the illegal in human beings for the purposes of commercial sexual exploitation or forced labor: a modern-day form of slavery. It is the fastest growing criminal industry in the world, and tied with the illegal arms industry as the second largest, after the drug, trade. Human Trafficking is a crime against humanity. It further defined as an act of recruiting, transporting, transferring, harboring or receiving a person through a use of force, coercion or other means, for the purpose of exploiting them. Every year, thousands of men, women and children fall into the hands of

traffickers, in their own countries and abroad. Every country in the world is affected by trafficking, whether as a country of origin, tansit or destination for victims. UNODC, as guardian of the United Nations Convention against Transnational Organized Crime (UNTOC) and the Protocols thereto, assists States in their efforts to implement the Protocol to Prevent, Suppress and Punish Trafficking in Person (Trafficking in Persons Protocol). •

What are the Elements of Human Trafficking? On the basis of the definition given in the trafficking in persons protocol, t is evident that trafficking in persons has three constituent elements; • •

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The Act (What is done) Recruitment, transportation, transfer, harboring, or receipt of persons The Means (How it is done) Threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim The Purpose (Why it is done) For the purpose of exploitation, which include exploiting the prostitution of others, sexual exploitation, forced labor, slavery or similar practices and the removal of organs.

To ascertain whether a particular circumstances constitutes trafficking in persons, consider the definition of trafficking in the Trafficking in Persons Protocol and the constituent elements of the offence, as defined by relevant domestic legislation. •

What is Drug Trafficking? Drug trafficking involves selling drugs and drug paraphernalia, whether is it local exchange between a user and a dealer or a major international operation. Drug trafficking I a problem that affects every nation in the world and exists in many levels. Drug trafficking is the commercial exchange of drugs and drug paraphernalia. This include any equipment used to manufacture illegal drugs or use them.

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What are Cybercrimes? Cybercrimes are generally defined as any type of illegal activity that makes use of the Internet, a private or public network, or an in-house computer system. While many forms of cybercrime revolve around the appropriation of proprietary information for unauthorized use, other examples are focused more on a invasion of privacy. As a growing problem around the world, many countries

are beginning to implement laws and other regulatory mechanisms in an attempt to minimize the incidence of cybercrime. •

What is Money Laundering? Money Laundering is the process of creating the appearance that large amounts of money obtained from serious crimes, such as drug trafficking, originated from a legitimate source. It is a crime in many jurisdictions with varying definitions. It is a key operation of the underground economy.

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What is Terrorism? • • •

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

Terrorism is the systematic use of terror especially as a means of coercion. At present, the International community has been unable to formulate a university agreed, legally binding, criminal law definition of terrorism. Common definitions of terrorism refer only to those violent acts which are intended to create fear (terror), are perpetrated for a religious, political, or ideological goal, and deliberately target or disregard the safety of non-combatants (civilians). Some definitions also include acts of unlawful violence and war. This history of terrorism organizations suggest that they do not select terrorism for its political effectiveness. Individual terrorists tend to be motivated more by a desire for social solidarity with other members of their organization than by political platforms or strategic objectives, which are often murky and undefined. •

Who is the only Filipino Former President of the Interpol? Jolly R. Bugarin was the Filipino President of the Interpol in 1980 – 1984 after the term of Carl G. Persson of Sweden.