Notesale: Turn your study into money

Document Preview

Extracts from the notes are below, to see the PDF you'll receive please use the links above

---

NOTES 1
...
For the state
machinery, police are an inevitable organ which ensure maintenance of law and order, and also the first link in
the criminal justice system
...
Police men get a corporate identity from the uniform they
wear; the common identifies, distinguishes and awes him on account of the same uniform
...
Policing mainly rest on either of the two broad principles: policing by consent
and policing by law
...

- is the degree of likeness and unlikeness of two police models
...

POLICE
- Police typically are responsible for maintaining public order and safety, enforcing the law, and preventing,
detecting, and investigating criminal activities
...
Police are often also
entrusted with various licensing and regulatory activities
...
Administration may be centralized at the national level downward, or
decentralized, with local police forces largely autonomous
...
The modern metropolitan police force
began with Sir Robert Peel in Britain c
...
Secret police are often separate, covert organizations established
by national governments to maintain political and social orthodoxy, which typically operate with little or no control
...
In 1829 he created the
Metropolitan Police in London, England, and along with it proposed the principles under which they would
become efficient in maintaining safety and security within the community under the law
...

And he established the Britain’s Metropolitan Police Force in 1829
...

The study of comparative police system, criminal justice and law is a fairly new field and has
corresponded with rising interest in a more established field, comparative criminology
...

POLICE refers to a body of civil authority, which is tasked to maintain peace and order, enforce the law, protect
lives and properties and ensure public safety
...


Page 1 of 8

SYSTEM - is a complex whole consisting of interdependent parts whose operations are directed towards
goals and which are influenced by the environment within which they function
...

Basically, it is the comparison of two different policing models
...
PNP (Philippines) vs
...


•

MODERN POLICE SYSTEM
Uses measurement of crime control efficiency & effectiveness based on the absence or low

Origin of the word Police
Politeia
- Greek word means government of the city, citizenship, administration, or civil polity
...

Polis
- Ancient Greek word means city-state
...


SOCIETAL TYPES
1
...
This type of society is often seen as primitive and
barbaric
...
URBAN COMMERCIAL SOCIETY
Has civil law, specialized police forces and punishment is in consistent, sometimes harsh
sometimes lenient
...

3
...
It has codified laws but
laws that prescribe good behaviors and the system of punishment is run on market principles of
creating incentives and disincentives
...
BUREAUCRATIC SOCIETY

Page 2 of 8

Has a system of laws, police who tend to keep busy handling political crime and terrorism, and
a system of punishment characterized by over criminalization and overcrowding
...

TYPES OF CRIMINAL JUSTICE SYSTEMS
1
...
It is distinguished by a strong adversarial system
where lawyers interpret and judges are bound by precedents
...
This system relies on
the evidence in which in public trial is a main focal point
...
CIVIL LAW SYSTEM
Also known as Continental Justice or Romano-Germanic Justice
...
Furthermore, in this system if the judge knows
the answer, he must not be prohibited from achieving it by un due attention to regulations of procedure
and evidence
...

3
...
It is primarily characterized by administrative law, where non legal officials
make most of the decisions
...


4
...
This system is based more
on the concept of natural justice where crimes are considered acts of injustice that conflict with
tradition and religion plays an important role
...
ADVERSARIAL SYSTEM – the accused is innocent until proven guilty
2
...


THEORIES OF POLICING
1
...
This theory
prevails in the continental countries like France, Italy and Spain
...
HOME RULE THEORY
States that the police officers are servants of the community or the people
...
Decentralized policing also utilized this theory
...
OLD POLICE SERVICE – states that the gauge of police proficiency/efficiency relies on the
number of arrests made
...
MODERN POLICE SERVICE – the yardstick of police proficiency/efficiency relies on the absence
of crime
...
This was adopted by Germany, China and Japan
...
It is a function that police use to respond
to a situation where a crowd is possibly getting out of control and disturbing the police
...

TRADITIONAL POLICING – within this model the police officer would respond when a call came in that
crime occurred
...
This policing is reactive in nature
...
This policing has detectives watching for patterns in crimes to help understand when
and how crimes are being committed
...
No longer does an officer sits in his patrol car and wait for a call that a crime has
happened
...
Comparative research is usually carried out
by the “safari” method (a researcher visits another country) or “collaborative” method (the researcher
communicates with a foreign researcher)
...
Safari Method – it is a type of research in comparative criminology wherein a researcher will visit
another country for comparison purposes
...
Collaborative Method – is where one researcher will collaborate the work to a foreign researcher
...

- A unit of the imperial roman army that served as personal bodyguards and intelligence agents for the
roman emperors
...

OFFICER DE LA PAIX - a French term which claimed to be the origin of the term Police Officer
...
Its
uniformed members known as gardiens de la paix (“guardians of the peace”), are responsible for traffic and
crowd control and are highly motorized
...
ANGLO-SAXON PERIOD OF POLICING SYSTEM (ANCIENT ENGLAND)
A
...
TUN was the forerunner of the word “Town”
...
Ten
families in a town (tun) equaled a tithing
...
Since 10 tithings amounted to 100, the leader of the 100 families was named the Reeve
...
They possessed judicial power as well as police authority
...
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
...
Hue and cry, early English legal practice of pursuing
criminal with cries and sounds of alarm
...

C
...
(In present terminologies, it would mean an employment of a
“3rd degree
...
”
In medieval Europe, like trial by combat, trial by ordeal such as cruentation was considered a
“judgement of God” a procedure based the premise that God would help the innocent by performing a miracle
on his behalf
...


There are two types of trials during Anglo-Saxon Period
1
...
(This is known today as character witness)
...
TRIAL BY ORDEAL – a person is compelled to perform an act either walking on a burning coal or through
red hot iron
...

2
...

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
...
Shire-Rieve
Shire-Rieve was a policing system during the Norman Period when England was divided into fiftyfive (55) military areas, each headed by a ruler called the Rieve (head-man or lieutenant of the army)
...
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
...

The term “Shire-Rieve” is said to be the origin of the word “Sheriff
...
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
...

C
...

 Policeman becomes public servant
...
It introduced the system called “citizen’s
arrest
...
A system which made inquisition onto the facts of a
crime and eliminate the “Anglo-Saxon Trial or “Trial by Ordeal System
...
Frankpledge System
A system of policing whereby a group of ten neighboring male residents over twelve years of
age were required to guard the town to preserve peace and protect the lives and properties of the people
3
...
This period has the following features:
Guards were appointed and the duties of the constables at night (watch) and in daytime (ward) were defined
Statute of Westminster of 1285, a collection of regulations aimed at keeping the peace
...


Justice of the Peace (About 1361)
Three or four men who were learned in the law of the land were given authority to pursue, arrest,
chastise and imprisonment violators of law
...
This was later abolished about 75 years after
...
The room set-up is formed in a shape of a star
and judges were given great powers such as the power to force testimony from a defendant leading to a
great abuse of power or brutality on the part of the judges
...
KEEPERS OF THE PEACE
A proclamation issued by King Richard of England sometime in 1195 that required the appointment of
knights to keep the King’s peace by standing as guards on bridges and gates while checking the people
entering and leaving the cities and towns
...
KING CHARLES II OF ENGLAND (1663)
King Charles II passed an act which established or promoted the employment of watchmen or bellmen
to be on duty from sunset to sunrise
...
MAGNA CARTA OR "THE GREAT CHARTER"
A law promulgated by King John of England upon the demand of the Knights of the Round Table forcing
the King to sign the same with the following features:
No freeman shall be taken, imprisoned, banished or exiled except by legal judgment of his peers
...


PHILIPPINE POLICE SYSTEM
A
...

Locally organized police forces although performing civil duties is a direct adjunct of the colonial
military establishments (policemen in appearance yet colonial soldiers in the ultimate sense)
...
Suppression of brigandage by patrolling unsettled areas;
b
...
The enforcement of tax collection including church revenues
...
GUARDILLEROS - a body of rural police organized in each town established by Royal decree of Jan
...
It mandates that 5% of the able bodied male inhabitants of each province where to be enlisted
in this police organization for 3 years
...
00 to 8
...

2
...
This was armed and considered as the mounted police who later
discharged the duties of a port, harbor and river police
...

3
...
It is consisted of a body of Filipino policemen organized
originally in each of the provincial capital of the province of Luzon under the Alcalde Mayor
...
AMERICAN REGIME
During the American Period
The Americans established the United States Philippine Commission headed by General Howard
Taft as its first governor-general
...
This has become the basis for the celebration of the anniversary
of the Manila’s Finest every January 9th
...
ACT NO 175 - entitled “An Act Providing for the Organization and Government of an Insular
Constabulary”, enacted on July 18, 1901
CAPT
...
ACT NO 183 - created the Manila Police Department, enacted on July 31, 1901
CAPT GEORGE CURRY - the first chief of police of the Manila Police Department in 1901
3
...
EXECUTIVE ORDER 389 – ordered that the Philippine Constabulary be one of the four services of
the Armed Forces of the Philippines, enacted on December 23, 1940
Page 7 of 8

C
...
MARTIAL LAW PERIOD
PD 765 – otherwise known as the Integration Act of 1975, enacted on August 8, 1975; established the
Integrated National Police (INP) composed of the Philippine Constabulary (PC) as the nucleus and the
integrated local police forces as components, under the Ministry of National Defense
- transferred the NAPOLCOM from the Office of the President to the Ministry of National Defense
E
...

RA 8551 – otherwise known as the Philippine National Police Reform and Reorganization Act of 1998,
enacted on February 25, 1998; this law amended certain provisions of RA 6975
RA 9708 - law amending the provisions of RA 6975 and RA 8551 on the minimum educational qualification for
appointment to the PNP and adjusting the promotion system; approved on 12 August 2009
“AN ACT EXTENDING FOR FIVE (5) YEARS THE REGLEMENTARY PERIOD FOR COMPLYING WITH
THE MINIMUM EDUCATIONAL QUALIFICATION FOR APPOINTMENT TO THE PHILIPPINE NATIONAL
POLICE (PNP) AND ADJUSTING THE PROMOTION SYSTEM THEREOF, AMENDING FOR THE PURPOSE
PERTINENT PROVISIONS OF REPUBLIC ACT NO
...
8551 AND FOR OTHER
PURPOSES”
IMPORTANT FILIPINO PERSONALITIES IN THE EVOLUTION OF PHILIPPINE POLICING
BRIG GEN RAFAEL CRAME - the first Filipino chief of the Philippine Constabulary in 1917
COL ANTONIO TORRES - the first Filipino chief of police of the Manila Police Department in 1935
COL LAMBERTO JAVALERA - the first chief of police of the Manila Police Department after the Philippine
Independence from the United States of America in 1946
P/DIR GEN CESAR NAZARENO - the first chief of the Philippine National Police

Page 8 of 8



---