CHAPTER 3-4 Flashcards
(218 cards)
1
Q
Societal Type and Police System
A
- FOLK – COMMUNAL SOCIETIES
- URBAN – COMMERCIAL SOCIETIES
- URBAN – INDUSTRIAL SOCIETIES
- BUREAUCRATIC SOCIETIES, OR MODERN POST – INDUSTRIAL SOCIETIES
- POST-MODERN SOCIETY
2
Q
– which are also called primitive societies
A
FOLK – COMMUNAL SOCIETIES
3
Q
– has little codification of law, no specialization among police, and a system of punishment that just let things go for a while without attention until things become too much, and then harsh, barbaric punishment is resorted to.
A
FOLK – COMMUNAL SOCIETIES
4
Q
-Classic examples include the early Roman gentiles, African and Middle Eastern tribes, and Puritan settlements in North America
A
FOLK – COMMUNAL SOCIETIES
5
Q
– which rely on trade as the essence of their market system
A
URBAN – COMMERCIAL SOCIETIES
6
Q
-Most of Continental Europe developed along this path.
A
URBAN – COMMERCIAL SOCIETIES
7
Q
– 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.
A
URBAN – COMMERCIAL SOCIETIES
8
Q
– which produce most of the goods and services they need without government interference
A
URBAN – INDUSTRIAL SOCIETIES
9
Q
– not only has codified laws (statutes that prohibit) but laws that prescribe 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.
A
URBAN – INDUSTRIAL SOCIETIES
10
Q
-England and the U.S. followed this positive legal path.
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URBAN – INDUSTRIAL SOCIETIES
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Q
– where the emphasis is upon technique or the “technologizing” of everything, with the government taking the lead
A
BUREAUCRATIC SOCIETIES, OR MODERN POST – INDUSTRIAL SOCIETIES
12
Q
– 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.
A
BUREAUCRATIC SOCIETIES, OR MODERN POST – INDUSTRIAL SOCIETIES
13
Q
-The U.S. and perhaps only eight other nations fit the bureaucratic pattern.
A
BUREAUCRATIC SOCIETIES, OR MODERN POST – INDUSTRIAL SOCIETIES
14
Q
-Juvenile delinquency is a phenomenon that only occurs in a
A
BUREAUCRATIC SOCIETIES, OR MODERN POST – INDUSTRIAL SOCIETIES
15
Q
- where the emphasis is upon the meaning of words and the deconstruction of institutions.
A
POST-MODERN SOCIETY
16
Q
OVERCRIMINALIZATION is the cause of
A
modernization
17
Q
TYPES OF POLICE SYSTEMS
A
- COMMON/ COMMON LAW SYSTEMS
- CIVIL/ CIVIL LAW SYSTEMS
- SOCIALIST/ SOCIALIST SYSTEMS
- ISLAMIC/ ISLAMIC SYSTEMS
18
Q
-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.
A
COMMON/ COMMON LAW SYSTEMS
19
Q
-They are distinguished by a strong adversarial system where lawyers interpret and judges are bound by precedent.
A
COMMON/ COMMON LAW SYSTEMS
20
Q
are distinctive in the significance they attach to precedent (the importance of previously decided cases).
A
COMMON/ COMMON LAW SYSTEMS
21
Q
-They primarily rely upon oral systems of evidence in which the public trial is a main focal point.
A
COMMON/ COMMON LAW SYSTEMS
22
Q
- are also known as Continental justice or Romano-Germanic justice, and practiced throughout most of the European Union as well as elsewhere, in places such as Sweden, Germany, France, and Japan.
A
CIVIL/ CIVIL LAW SYSTEMS
23
Q
-They are distinguished by a strong inquisitorial system where less right is granted to the accused, and the written law is taken as gospel and subject to little interpretation.
A
CIVIL/ CIVIL LAW SYSTEMS
24
Q
are founded on the basis of natural law, which is a respect for tradition 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.
A
CIVIL/ CIVIL LAW SYSTEMS (Romano-Germanic systems)
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-are also known as Marxist-Leninist justice, and exist in many places, such as Africa and Asia, where there had been a Communist revolution or the remnants of one.
SOCIALIST/ SOCIALIST SYSTEMS
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-They are distinguished by procedures designed to rehabilitate or retrain people into fulfilling their responsibilities to the state.
SOCIALIST/ SOCIALIST SYSTEMS
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-It is the ultimate expression of positive law, designed to move the state forward toward the perfectibility of state and mankind.
SOCIALIST/ SOCIALIST SYSTEMS
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-It is also primarily characterized by administrative law, where non-legal officials make most of the decisions.
SOCIALIST/ SOCIALIST SYSTEMS
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-are also known as Muslim or Arabic justice, and derive all their procedures and practices from interpretation of the Koran.
ISLAMIC/ ISLAMIC SYSTEMS
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-There are exceptions, however. Various tribes (such as the Siwa in the desert of North Africa) are descendants of the ancient Greeks and practice Urrf law (the law of tradition) rather than the harsher Shariah punishments.
ISLAMIC/ ISLAMIC SYSTEMS
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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).
ISLAMIC/ ISLAMIC SYSTEMS
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-Religion plays an important role in ________ systems. Most nations of this type are theocracies, where legal rule and religious rule go together.
ISLAMIC/ ISLAMIC SYSTEMS
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Islamic kinds of punishment
IMPRISONMENT, FINE, CANNING
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COMPARATIVE COURT SYSTEM
1. ADVERSARIAL
2. INQUISITORIAL
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– where the accused is innocent until proven guilty.
ADVERSARIAL
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The US ______ system is unique in the world. No other nation, not even the U.K., places as much emphasis upon determination of factual guilt in the courtroom as the U.S. does.
ADVERSARIAL
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The PH is under the court system of?
ADVERSARIAL
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– where the accused is guilty until proven innocent or mitigated, have more secret procedures.
INQUISITORIAL
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-Outside the U.S., most trials are concerned with legal guilt where 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 themselves.
INQUISITORIAL
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-systems worldwide can be easily distinguished by whether they support corporal punishment (beatings) or not. Some so-called "civilized" countries claim they are better than the U.S. because they don't perform death penalty but actually practice such corporal punishments as beatings and whippings.
COMPARATIVE CORRECTIONAL SYSTEM
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-Nations that practice corporal punishment do tend, however, to have less of a correctional overcrowding problem. Probation and parole, where they exist cross-culturally, are applied to the country’s citizens, and not for foreigners or immigrants.
COMPARATIVE CORRECTIONAL SYSTEM
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Juvenile Justice Systems vary widely. ______has the toughest system, regularly sentencing juveniles to harsh boot camps with a strict military regimen and forced labor.
SCOTLAND
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_____ has a juvenile justice system similar to the U.S., where more emphasis is upon education as punishment.
GERMANY
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THEORIES OF COMPARATIVE POLICING
1. ALERTNESS TO CRIME THEORY
2. ECONOMIC OR MIGRATION THEORY
3. OPPORTUNITY THEORY
4. DEMOGRAPHIC THEORY
5. DEPRIVATION THEORY
6. MODERNIZATION THEORY
7. ANOMIE AND SYNOMIE
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– that as a nation develops, people's alertness to crime is heightened.
ALERTNESS TO CRIME THEORY
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-They report more crime to police and demand the police to become more effective in solving crime problems
ALERTNESS TO CRIME THEORY
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– that crime everywhere is the result of unrestrained migration and overpopulation in urban areas such as ghettos and slums.
ECONOMIC OR MIGRATION THEORY
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– that along with higher standards of living, victims become more careless of their belongings, and opportunities for committing crime multiply.
OPPORTUNITY THEORY
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– is based on the event when a greater number of children are being born.
DEMOGRAPHIC THEORY
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-As these baby booms grow up, delinquent subcultures develop out of the adolescent identity crisis.
DEMOGRAPHIC THEORY
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– that progress comes along with rising expectations.
DEPRIVATION THEORY
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-People at the bottom develop unrealistic expectations while people at the top don't see themselves rising fast enough.
DEPRIVATION THEORY
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– the problem as society becoming too complex.
MODERNIZATION THEORY
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– (the latter being a term referring to social cohesion on values) – that progressive lifestyles and norms result in the disintegration of older norms that once held people together (anomie).
ANOMIE AND SYNOMIE
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POLICING POLICY MODELS
A. EXPECTATION – INTEGRATION MODEL
B. LEGALISTIC OR POLITICAL
C. CRIME FIGHTER OR SOCIAL – SERVICE WORKER
D. PROACTIVE OR REACTIVE MODEL
E. THREE METHODS USED TO DEFINE POLICE ROLE
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EXPECTATION – INTEGRATION MODEL
1. ENVIRONMENTAL EXPECTATIONS
2. ORGANIZATIONAL EXPECTATIONS
3. LEGAL EXPECTATION
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= Societal trends and problems – in general and each community – create and environment.
ENVIRONMENTAL EXPECTATIONS
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= Changing social and economic trends and problems in the society or a particular community often affect the police.
ENVIRONMENTAL EXPECTATIONS
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= For instance, there may be rapid growth in population, an economic recession, a drug problem. The community environment includes problems unique to a particular community.
ENVIRONMENTAL EXPECTATIONS
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= Organizational expectations came from both formal and informal aspects of a police department.
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are derived from leaders, supervisors, training programs, and the goals, objectives, policies, procedures, and regulations of the police department.
Formal expectations
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= Formal expectations are derived from leaders, supervisors, training programs, and the goals, objectives, policies, procedures, and regulations of the police department.
ORGANIZATIONAL EXPECTATIONS
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= Informal expectations are derived from the officers’ peers and work group.
ORGANIZATIONAL EXPECTATIONS
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= Officers are strongly influenced by their work experiences and the way they adjust to the emotional, psychological, intellectual, and physical demands of police.
ORGANIZATIONAL EXPECTATIONS
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= They must attempt to do their job in a manner that is acceptable to both the police department and their peers, they must try not to be injured or killed or allow other officers or citizens to be injured or killed, and their conduct must not provoke citizen complaints.
ORGANIZATIONAL EXPECTATIONS
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= Together, formal and informal organizational expectations create an organizational culture that can be defined as the pattern of basic assumptions that the police the police have invented, discovered or developed in learning to cope with its problem of the external adaptation and internal integration that have worked well enough to be considered valid.
ORGANIZATIONAL EXPECTATIONS
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are derived from the officers’ peers and work group.
Informal expectations
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is derived from substantial and procedural criminal laws and legal requirements that have resulted from civil suits.
LEGAL EXPECTATION
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= These laws provide the basic framework in which the police are supposed to function.
LEGAL EXPECTATION
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= Although the police do not always follow the law, legal expectations have a substantial influence on what they do and how they behave.
LEGAL EXPECTATION
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= In addition, as noted, the police do not enforce all laws, rather, they exercise discretion in deciding what laws to enforce and how to enforce them. These discretionary decisions may not always be compatible with what either the formal organization or the community expects. Attempts to integrate environmental, organizational and legal expectations have resulted in several recurring debates about the police role in the society.
LEGAL EXPECTATION
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THREE TYPES OF POLICE – COMMUNITY RELATION
1. POLITICAL MODEL
2. LEGALISTIC MODEL
3. COMMUNITY POLICING MODEL
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– refers to the police-community relation that is plagued by problems of preferential treatment, discrimination and corruption.
POLITICAL MODEL
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– assumes that political influence has a corrupting influence on policing, therefore, the police community – relationship must be more structured or bureaucratic.
LEGALISTIC MODEL
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– based on the desirability of the police being responsive to individuals and groups without engaging in preferential treatment or discrimination.
COMMUNITY POLICING MODEL
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believe that crime is a function of a rational choice by the criminals and that the primary police purpose is to patrol and conduct investigations to deter crime and apprehend offenders.
Crime fighters
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believes that crime results from a variety of causes and there are other police activities like crime prevention education and community building that may also reduce the crime rate.
social-service worker
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orientation tends to result in more police community involvement and a less aggressive and authoritarian approach to policing.
social service
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– work emphasizes police-initiated activities of the individual officers and the department.
PROACTIVE POLICE
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-Developing a response to a crime or another problem that is designed to keep a crime from occurring is proactive.
PROACTIVE POLICE
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Example: undercover decoy programs, stakeouts, etc.
PROACTIVE POLICE
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– work is more on a response to a problem by police when assistance is specifically requested by citizens.
REACTIVE POLICE
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-Responding to specific problems based on citizens requests and following up on those problems are reactive responses.
REACTIVE POLICE
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THREE METHODS USED TO DEFINE POLICE ROLE
1. VALUES
2. GOALS
3. STRATEGIES
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= Fundamental assumptions that guide department and the individual officer in the exercise of discretion the values of the department determine police goals, how resources are used, strategies, and the styles of officers.
VALUES
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VALUES
A. LAW ENFORCEMENT ORIENTED VALUES
B. COMMUNITY - ORIENTED VALUES
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– Police authority is based on the law, and law enforcement is the primary police objectives.
LAW ENFORCEMENT ORIENTED VALUES
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-Communities can provide police with assistance and information in enforcing the law.
LAW ENFORCEMENT ORIENTED VALUES
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-Responding to calls for service is the highest priority, and calls must receive the possible fastest response.
LAW ENFORCEMENT ORIENTED VALUES
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-Social and neighborhood problem are not the responsibility of the police unless they threaten the breakdown of public order.
LAW ENFORCEMENT ORIENTED VALUES
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-Police, as experts, are best suited to determine crime-control priorities and strategies
LAW ENFORCEMENT ORIENTED VALUES
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– The police will involve the community in all activities, including the development of policies that affect the quality of community life.
COMMUNITY - ORIENTED VALUES
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-The police believe that strategies must preserve and advance democratic values.
COMMUNITY - ORIENTED VALUES
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-The police must structure the delivery of services so that it will reinforce the strengths of the neighborhood. Employees must have inputs into matters that influence job satisfaction and effectiveness.
COMMUNITY - ORIENTED VALUES
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-Sometimes called purposes or objectives or aims. When the goals approach is used to define the police role, several goals are usually listed for the police.
GOALS
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SOME POSITIVE GOALS FOR THE POLICE
1. PREVENTION OF CRIMES
2. REDUCTION OF THE FEAR OF CRIME
3. MAINTENANCE OF PEACE AND ORDER
4. PROTECTION OF LIVES AND PROPERTIES
5. ENFORCEMENT OF LAWS
6. DETECTION OF CRIMES
7. APPREHENSION OF OFFENDERS
8. TRAFFIC CONTROL
9. RESPONSIVENESS TO COMMUNITY NEEDS
10. MANAGEMENT OF INTERGROUP CONFLICT
11. PROTECTION OF INDIVIDUAL RIGHTS
12. PROVISION OF ADDITIONAL PUBLIC SERVICE
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-Broadly conceptualized police activities that are assumed to have an impact on the attitudes and behavior of individuals.
STRATEGIES
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BASIC POLICE STRATEGIES
1. LAW ENFORCEMENT STRATEGIES
2. PRESENCE STRATEGY
3. EDUCATION STRATEGY
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– invoke the formal sanctions of government.
Example: making arrest, issuing citations, conducting investigations, stopping suspicious persons, etc.
LAW ENFORCEMENT STRATEGIES
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Example: making arrest, issuing citations, conducting investigations, stopping suspicious persons, etc.
LAW ENFORCEMENT STRATEGIES
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– the police are visible, or identifiable in the community, that is, wearing uniforms, patrolling in marked vehicles, etc.
PRESENCE STRATEGY
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-involves providing knowledge and skills that will reduce the likelihood they will become victimized.
EDUCATION STRATEGY
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-For potential and convicted criminals, education involves appeals for moral behavior and clarifying the possible consequences of criminal conduct not only for themselves but also for the individuals they victimize.
EDUCATION STRATEGY
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“Rules and Procedures on the Selection of the PNP Personnel for Secondment, Detail to International Organizations, Peacekeeping Missions”
PNP MEMORANDUM CIRCULAR 2009-006
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--referee, mediator, arbiter to avoid future war
UN SPECIAL ACTION TEAM (UNSAT)
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– Written Examination which covers Reading Comprehension, Listening Comprehension, Report Writing
1ST STAGE
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– Driving Proficiency Test
2ND STAGE
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– Firing Proficiency Test
3RD STAGE
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QUALIFICATIONS OF UNSAT
1. AGE REQUIREMENT
2. RANK REQUIREMENT
3. SERVICE REQUIREMENT
4. PHYSICAL REQUIREMENT
5. SPECIAL SKILLS NEEDED
6. UNIT RECOMMENDATION REQUIREMENT
7. OTHER REQUIREMENTS
8. TERM OF DEPLOYMENT
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- Applicant must not be less than 25 years old or more than 53 years old upon actual deployment.
AGE REQUIREMENT
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- An applicant shall be considered 25 years of age on his/her actual 25th birthday, or more than fifty-three 53 years of age on his/her actual 54th birthday.
AGE REQUIREMENT
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- Applicant must not be less than ___________ years old upon actual deployment.
25 years old or more than 53
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= For Police Commissioned Officers (PCOs): Only those with the rank of Police Senior Inspector, Police Chief Inspector, or Police Superintendent are allowed to apply.
RANK REQUIREMENT
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= For Police Non-commissioned Officers (PNCOs): Only those within the rank bracket of Police Officer 3 to Senior Police Officer 4 are allowed to apply.
RANK REQUIREMENT
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= All applicants must have been appointed in permanent status in their respective present ranks.
RANK REQUIREMENT
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For _______________: Only those with the rank of Police Senior Inspector, Police Chief Inspector, or Police Superintendent are allowed to apply.
Police Commissioned Officers (PCOs)
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For _______: Only those within the rank bracket of Police Officer 3 to Senior Police Officer 4 are allowed to apply.
Police Non-commissioned Officers (PNCOs)
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= All applicants must have attained a minimum of 5 years of active police service (excluding cadetship, officer orientation/trainee course, and police basic course)
SERVICE REQUIREMENT
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= All applicants must have passed the latest Physical Fitness Test (PFT) conducted by the PNP Directorate for Human Resource and Doctrine Development, as well as medical, dental, and neuropsychiatric examinations.
PHYSICAL REQUIREMENT
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SPECIAL SKILLS NEEDED
COMPUTER LITERACY REQUIREMENT
DRIVING PROFICIENCY REQUIREMENT
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– All applicants must be knowledgeable of basic computer operations, including Word, Excel, PowerPoint, and use of the Internet.
COMPUTER LITERACY REQUIREMENT
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– All applicants must have at least one (1) year of recent driving experience and must possess a valid national or international driver's license issued at least one (1) year to the application.
DRIVING PROFICIENCY REQUIREMENT
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= All applicants must be recommended by Unit Commanders (Command Group or Directors of their respective Directorial Staff, National Support Units, or Police Regional Offices).
UNIT RECOMMENDATION REQUIREMENT
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= All applicants must hold a ______________ with a minimum Very Satisfactory evaluation for two (2) consecutive rating semesters prior to the UNSAT examinations.
Performance Evaluation Rating (PER)
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All applicants must not have been repatriated from any previous UN mission for disciplinary reasons. True or False?
TRUE
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= All applicants must not have been convicted of any administrative or criminal offense; have no pending administrative/criminal cases in any body/tribunal/court. TRUE OR FALSE?
TRUE
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= No applicant should be a witness to any administrative/criminal case, especially those covered by Republic Act 9165, or a summary hearing officer with unresolved cases. TRUE OR FALSE?
TRUE
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= All PNP personnel who are deployed as part of the UN Peacekeeping Mission shall have one (1) year tenure, extendable to 6 months.
TERM OF DEPLOYMENT
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All PNP personnel who are deployed as part of the UN Peacekeeping Mission shall have ________
one (1) year tenure, extendable to 6 months.
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PRESCRIBING THE PROCEDURE FOR THE EXTRADITION OF PERSONS WHO HAVE COMMITTED CRIMES IN A FOREIGN COUNTRY
PRESIDENTIAL DECREE NO 1069
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PRESIDENTIAL DECREE NO 1069 AKA?
"PHILIPPINE EXTRADITION LAW".
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-The removal of an accused from the Philippines with the object of placing him at the disposal of foreign authorities to enable the requesting state or government to hold him in connection with any criminal investigation directed against him or the execution of a penalty imposed on him under the penal or criminal law of the requesting state or government.
"EXTRADITION"
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An extradition agreement between the Republic of the Philippines and one or more foreign states or governments.
"EXTRADITION TREATY OR CONVENTION"
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COUNTRIES WE HAVE BILATERAL AGREEMENT WITH:
HONGKONG
INDONESIA
THAILAND
AUSTRALIA
CANADA
SOUTH KOREA
MICRONESIA
SWITZERLAND
UNITES STATES OF AMERICA (US)
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countries we have agreement with LISTING:
HONGKONG, INDONESIA, THAILAND
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--countries we have agreement with DUAL CRIMINALITY:
AUSTRALIA, CANADA, SOUTH KOREA, MICRONESIA, SWITZERLAND, US
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-The person who is, or is suspected of being, within the territorial jurisdiction of the Philippines, and whose extradition has been requested by a foreign state or government.
"ACCUSED"
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-The foreign state or government from which the request for extradition has emanated.
"REQUESTING STATE OR GOVERNMENT"
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-Any authorized diplomatic representative of the requesting state or government and recognized as such by the Secretary of Foreign Affairs.
"FOREIGN DIPLOMAT"
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-The head of the Department of Foreign Affairs of the Republic of the Philippines, or in his absence, any official acting on his behalf or temporarily occupying and discharging the duties of that position.
"SECRETARY OF FOREIGN AFFAIRS"
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is the terrorist of US/ founder of NPA
Joma Sison
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Is suspect of extradition treaty and suspect of criminal case was the same rights?
-YES, same as the Miranda rights such as “you have the right to remain silent” kineme
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Sino ang gagastos sa extradition ng suspect?
-either the one who request the case or country of origin then dapat nakaresibo lahat ng nagastos para makita nila kung magkano ang babayaran
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GENERAL RULE IN EXTRADITION
1. “NATIONALITY IS NOT THE BASIS OF EXTRADITION”
2. BILATERAL AGREEMENT
3. Depends in crime allegedly done if both under dual criminality
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