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Reports of the Course 112TH INTERNATIONAL TRAINING COURSE REPORTSREPORTS OF OF THETHE COURSE COURSE GROUP 1 VICTIM ASSISTANCE: PUBLIC PARTICIPATION FOR MORE EFFECTIVE CRIME PREVENTION AND LAW ENFORCEMENT Chairperson Mr. Ghazali Bin Hj. Md. Amin (Malaysia) Co-Chairperson Mr. Maxime Antoine Tirant (Seychelles) Rapporteur Ms. Donna Lynn Caparas (Philippines) Co-Rapporteur Mr. Kouji Yamada (Japan) Members Mr. Pa Hamady Jallow (Gambia) Mr. Haruhiko Ishida (Japan) Mr. Nobuo Nakamura (Japan) Mr. Nawaz Ul-Hvq Nadeem (Pakistan) Advisers Professor Shoji Imafuku (UNAFEI) Professor Chikara Satou (UNAFEI) I. INTRODUCTION II. PARTICIPATION OF THE PUBLIC AND VICTIMS IN POLICE The importance of public participation INVESTIGATION in the effective functioning of the criminal justice system and in preventing crimes is A. Situational Analysis an acknowledged fact. The necessity to The basic objective of police work is the encourage and mobilize citizen maintenance of law and order, the participation can not be overemphasized, preservation of peace, the prevention and because the criminal justice system can not detection of crime, the apprehension of work in a vacuum. Likewise, past offenders and the promotion of public experiences have proven that public safety. This concept of police work is participation is indispensable for the universal, even if there are slight success of any crime prevention program. differences in the procedures of each country, largely dependent upon existing As reforms to maximize citizen laws. involvement in the criminal justice system gradually take root in the individual As regards police methods and pillars, this paper will focus on public procedures of investigation, the detection involvement at the police level. The paper of criminals, collection of evidence and will cover three (3) main topics, this manner of crime reporting, the present includes: 1) participation of the public in situations in the countries represented are police investigation; 2) community policing very similar. In all countries, reporting can and 3) victims assistance at the be done in three ways: 1) personal reporting investigation stage. It should be noted to police stations (police stations, koban, however, that this paper is prepared from police counters, etc.); 2) written report this perspective of criminal justice through letters of complaint; 3) telephone practitioners, most of whom are law hotlines. However, in the Philippines, enforcers (public officers, prosecutors). certain offenses should be reported to the Barangay1; this includes offenses punishable by imprisonment exceeding one 259 RESOURCE MATERIAL SERIES No. 56 (1) year or a fine exceeding 5,000 pesos. At this point, it should be noted that the Examples of these offenses include slight group had a lengthy discussion on whether physical injuries, slander, threats, theft, to expect the public to conduct citizen evicition, family or marital relations, arrests or not. According to some collection of debts, damage to property and participants, the police expect the public other petty quarrels amongst neighbors. to exercise their right of citizen arrest Malaysia has “paperless investigation”, because the police can not be everywhere, wherein reporting is only inputted in a everytime. The representatives from computer file. Gambia, India, Pakistan and the Seychelles declared that this expectation Unlike other countries, whereby is appropriate since the laws of their vicitims and witnesses are not legally country provide for this. Any private bound to report crimes, in Pakistan every person may arrest or cause to be arrested person is legally bound to report the any person who in their presence commits commission of certain offences like murder, a non-bailable and cognizable offense, and robbery, dacoity and bribery. without unnecessary delay, shall take any person so arrested to a police officer or The police should make an effort police station. According to the laws of towards ensuring that the public these countries, every person is bound to understands their role in the investigation assist in the prevention or suppression of process, so as to encourage maximum a breach of the peace, or in the prevention participation. The public must assume of any injury. However, Japanese some sort of a shared responsibility in the representatives noted that the police maintenance of peace and order in the should not expect the citizens to make an community, even if the primary arrest. They also noted reservations responsibility of enforcing law and order especially in relation to the issue of “mob still rests with the police. justice” and “arrest without warrant”. The police expect the public to cooperate B. Hindrances that Impede Public with them specifically at the three stages Participation and Cooperation of the investigation process. As regards The best performance index for the crime reporting, which is considered to be police service is the quality of the the first stage, the police expect the public relationship established between the police to willingly report crimes and unusual and the community they serve. The incidences. The second stage, which perception of the community by the police, involves collection of evidence, the police and vice-versa, accounts for the kind of expect the public to provide information, police-community relations that prevail. be willing to be a witness (by giving police Favorable public perception suggests statements), identifying suspects, acceptable police behavior and ready public recognizing weapons, etc, and by not support. An unfavorable image spells tampering with evidence. During the trouble. It should be noted that public apprehension or arrest stage, the police perception is rather negative in some expect the public to assist in locating countries. suspects, giving information (hideouts etc), providing logistical assistance like Police effectiveness is derived from transportation and communication, if external focus on how the community necessary. perceive their activities, and their willingness to help in enforcing the law. It 260 112TH INTERNATIONAL TRAINING COURSE REPORTS OF THE COURSE is therefore important that good police- media to access investigation; create community relations be nurtured, as this an atmosphere of fear for the victim; will increase community involvement in prejudge the situation; discriminate crime prevention and control processes. because of race, colour or religion; or The public has valid input for a better work for possible reconciliation police service. without permission from the victim. Some specific examples of secondary 1. Police Factors (Negative Police Image) victimization are: showing (a) Unsatisfactory Police Performance photographs of the family members When the police do not detect and killed, investigating a victim investigate criminal cases sufficiently immediately after undergoing severe and effectively, this prevents the medical treatment, arbitrary public and victims from counting on scheduling of questioning, or having and cooperating with the police. At the victim relate the story too many present, a number of deficiencies times. affect police performance (c) Low Police Morale (i) Police human resources: The morale of police officers affects • Insufficiency of investigative their performance. If they have low skill, manpower and legal morale and do not have the right knowledge. attitude towards their work, the kind • Inflexibility of police officers. of service rendered to the public is • Insufficiency of coordination shortchanged. amongst law enforcement agencies and with other (d) Political Influence government offices. Police fear reprisals as they can be (ii)Logistics: transferred or reassigned to a remote • Insufficiency of not only area or a less important position if modern but basic equipment they refuse to cooperate with and supplies. influential politicians. (b) Lack of Awareness Regarding Issues 2. Public and Victim Factors of Victims (Secondary Victimization, (Uncooperative Attitude) Victims’ Rights, Sensitivity to the A basic condition for an effective and Plight of Victims etc.) efficient criminal justice system is the Some police officers are not even genuine trust and confidence of the general aware that they commit secondary public. It is this trust and confidence that victimization in the course of their spells the difference between an actively investigation. The routine of police supportive public and an apathetic work sometimes causes them to be community. Encouraging citizens to get indifferent and callous to the plight involved is no easy task. Currently, the of victims. Secondary victimization following conditions of the uncooperative can be committed in the cource of attitude of the public are observed in some police questioning. Such of the participating countries: victimization occurs when the police cause unnecessary delay; ask (a) Uncooperative Attitude due to Fear unnecessary questions; make of Political Interference in the Police unnecessary remarks, allow the Process 261 RESOURCE MATERIAL SERIES No. 56 Public and victims in some countries much about the good of society and fear that nothing will come of the think only of themselves. investigation, in spite of their efforts, because someone more “influential” (d) Lack of Incentives for the Public has a hand in things (incidences of The public do not have enough whitewash; political vendetta; incentive to assist in the investigation complaint not being entertained process. They are expected to dole because of the political leaning
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