1200 words and three scholarly references

Since the 1960s, the national government has made a concerted effort to control the planning and administration of the criminal justice system. The Lord Chancellor was concerned with the efficiency and effectiveness of the courts, while the home secretary had increased authority for law enforcement and the prison service. This development was a direct result of the government having to deal with crises within various components of criminal justice. This arrangement, however, was becoming increasingly untenable. Critics raised several concerns, of which some cited constitutional issues. For example, questions were raised about the independence of the judiciary, while others focused on the incompatible responsibilities of the home secretary: policing and maintaining public order with prisons and protecting civil rights and reforming the criminal law. The ongoing furtherance of constitutional reform has attempted to rectify some of these problems. In 2007, a new Ministry of Justice was created and given responsibility for the courts, criminal law, prison and probation, and criminal justice reform. The Home Office had its focus narrowed to crime and policing, counter-terrorism, and immigration.

Over the course of the past three decades, almost every aspect of the criminal justice system has been the subject of interest to a government commission, an independent inquiry, or academic research. This has led to the passage of a significant amount of legislation directly impacting how the justice system is organized and administered. What happened in England during the 1980s and early 1990s is strikingly similar to what occurred in the United States during the 1960s and 1970s. The study of criminal justice has become a significant issue for the government and has emerged as an important field of study within England’s system of higher education.

POLICE The English have prided themselves on initiating a system of policing based at the local level but also mandated and in some fashion controlled by the central government. This shared responsibility for policing has existed throughout much of the country’s history. Prior to the creation of the Metropolitan Police of London in 1829, this tradition of shared responsibility took four distinct forms.

The tithing was the earliest type of community-organized policing; references are made to it in Anglo-Saxon dooms. Historians refer to the period before the Norman invasion of 1066 as the Anglo-Saxon era. Dooms were the statutes or ordinances enacted during that period. The tithing was based on principles of self-help and collective responsibility. Each tithing consisted of 10 men who were accountable for policing each other. If one of their number was accused of a crime, they were responsible for producing the defendant before a local court, and if they failed to surrender the individual, the court could impose a fine on the other members of the tithing. Supervision of the tithing was a responsibility of the sheriff, the local representative of the king. Therefore, during this early medieval period, the sheriff was the link between the local and the central government for criminal justice administration.

The creation of the office of constable was the next significant development in law enforcement. It occurred as a direct result of England emerging as a feudal society, following the Norman Conquest of 1066. With the advent of feudalism, the manor became

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the principal unit of local government. People worked on large tracts of land owned by the lord of a manor in return for economic and social security. The lord of a manor appointed officers to provide a number of services for the manor community. The ale-taster and bread- weigher were two of these officers, as was the position of constable. The constable replaced the tithing as the primary source for policing a manor. Long after feudalism ceased to exist, the constable continued in this role—recognized by the king as the principal officer responsible for maintaining the peace of the kingdom at the local level.

Throughout the twelfth and thirteenth centuries, English kings significantly increased the extent of their political authority. Whereas the tithing system and the office of constable evolved from custom and feudalism, respectively, future innovations were initiated because a monarch demanded it. These royal commands were given expression in statute law. The Statute of Winchester (1285) initiated a precedent that became the basis for the organization of English police to this day. It established the notion that policing was a responsibility shared between the central government of the king and the local communities.

The Statute of Winchester was the first public measure designed to systematize police efforts in towns. It retained some of the features of previous eras, especially the notion of local responsibility for policing. Specifically, it called for the introduction of town watchmen who would stand guard between sunset and sunrise. It revived the Anglo-Saxon “hue and cry” in which the whole community was expected to pursue a fleeing felon when a loud outcry was sounded. It also emphasized the maintenance of the “assize of arms,” in which every male between the ages of 15 and 60 was required to own a weapon for defensive purposes. Constables were responsible for seeing that each town adhered to the statute.

In 1361, the Justices of the Peace Act further clarified the approach to policing English society. Keepers of the peace for each shire or county had been established by the Justices of the Peace Act of 1327. The 1361 statute gave these keepers formal recognition as justices. The justices were usually owners of large tracts of land in their county. The king appointed and enabled them to maintain the peace and to administer justice at the local level. The Act reiterated the three points presented in the Statute of Winchester and supplemented them with two additional principles. One emphasized the duty of every citizen to keep the peace by permitting everyone to arrest offenders, while the other mandated that the constable present those accused of crimes before the local court. The Winchester and the Justices of the Peace statutes explained the official approach to policing that existed in England until the early nineteenth century.

By the late seventeenth and early eighteenth centuries, this system of policing had become ineffective. During the eighteenth century, a number of notable police practitioners —among them Henry Fielding, John Fielding, and Patrick Colquhoun—attempted to persuade Parliament to reform the police. Politicians, however, feared that improvements in police efficiency would enhance the authority of the monarchy. This was considered unacceptable at that time because a majority in Parliament were attempting to reduce monarchical power. Politicians often cited the efficient police system of France’s ancien regime to illustrate their concern. Therefore, the suggestions of police reformers were not implemented, and the assessment of English politicians to curtail monarchical power was given further credence with the outbreak of the French Revolution.

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During the 1820s, a few politicians realized that something had to be done about police inefficiency—especially in the greater metropolitan area of London. Robert Peel, a leading politician of the day, committed himself to a resolution of the problem. While serving as home secretary, Peel introduced a bill in Parliament calling for the creation of a metropolitan police force. The bill mandated that: (1) two justices of the peace would create and administer a force that would police the metropolitan areas of London; (2) police personnel would be sworn as constables, thereby having all the powers, duties, and privileges accorded a constable under common law; and (3) the two justices would exercise their authority and be responsible to the home secretary.

With scarcely any debate in Parliament, the bill became law on June 19, 1829. Peel appointed Colonel Charles Rowan, a retired army officer, and Richard Mayne, an Irish lawyer, to the posts of justices of the peace. They were soon referred to as commissioners of police. Upon Rowan’s death, Mayne continued as the single commissioner of police for metropolitan London. The tradition of a single commissioner continues to this day. Rowan and Mayne planned, organized, and recruited the force, and on September 29, 1829, the “new police” began to patrol the streets of metropolitan London.

After a few difficult years, the force became recognized throughout many parts of the world as the first modern police force. During the 1830s, this model was accepted by the rest of the English citizenry. The Municipal Corporations Act of 1835 enabled towns to create police forces. In 1838, the City of London established a force modeled along these lines. Finally, the County Police Act of 1839 reformed the police in rural areas. At the turn of the twentieth century, there were 197 police forces scattered across the country.

One of the most important developments in twentieth-century British policing had been the extent to which these forces were amalgamated. Today, there are 43 local forces serving the people of England and Wales. Consolidation has had a significant impact on the long- standing notion that policing is a responsibility shared by central and local governments.

Organization and Administration of the English Police

The English have long rejected the idea that they have a national police service. To prove the historical validity of their argument, they frequently cite a long list of statutes that date back to the Statute of Winchester (1285). In both theory and fact, however, the central government has had enormous control and influence over the police, and it had been increasing. Despite this apparent contradiction, the management of police has remained a shared responsibility between the central government and the local authorities. With the adoption of the Police Reform and Social Responsibility Act (2011), there has been a slight shift from the extensive control of the police throughout the country by the central government, specifically the Home Office, to a greater emphasis on local police agencies assuming more responsibility and accountability in the planning and execution of crime control strategies for their respective police forces. The following is a description of the organization of the English police (see Figure 1.2).

The Home Office At the top of the organizational hierarchy is the secretary of state for the Home Office, a civilian politician who is more commonly referred to as the home secretary. As previously mentioned, the home secretary is one of the senior officials in the

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prime minister’s cabinet and is, therefore, a member of Parliament. The powers and duties of the home secretary, as they relate to police, are clearly explained in statutory law. The significance of this approach assures members of Parliament that one of their own, as well as a member of the government, is ultimately responsible for police throughout the country. This enables members to question the home secretary regarding the police service while Parliament is in session.

In spite of the changes regarding the control of the police, the home secretary’s respon - si bilities are significant and comprehensive, and illustrate the centrality of this position’s administrative authority. For example, the home secretary oversees the national strategic direction of the police, in particular as it relates to national threats and regional issues associated with organized crime, terrorism, and national borders. He or she also offers guidance on local police and crime plans. Whether the issue involves national, regional, or local policing, the home secretary’s involvement is designed to enhance the efficiency and effectiveness of the police.

The home secretary is consulted on the appointment of chief constables to the various forces and can ultimately require a chief constable to resign or retire. He or she can require a chief constable to submit a report on any aspect of policing for which the executive is responsible. The home secretary can make regulations regarding the organization and administration of police. This includes: rank structure, qualifications of service, promotions and suspensions, authorized strength of a force, hours of duty, pay, and records. Also within the jurisdiction of the home secretary are regulations pertaining to training and the kinds of equipment used.

Two of the home secretary’s most important powers are the issuance of administrative circulars that impact the management of all forces throughout the country and the provision of more than 50 percent of the monetary funds needed for the budget of each force. Finally, the home secretary has the ultimate administrative authority for Her Majesty’s Inspectorate of Constabulary, the Independent Police Complaints Commission, and the National Crime Agency. The specific duties of these agencies are explained later.

Although the home secretary possesses administrative power and control over the police service in England, the use of such authority is limited. Thus, the police and crime commissioners and the chief constables of each force are afforded a good deal of discretion

Home Office

Office of Inspectorate of Constabulary

National Crime Agency

Independent Police Complaints Commissions

Metropolitan Police Services

City of London Police

41 Provincial Police Forces

FIGURE 1.2 | Organization of the English Police F O S T E R , C E D R I C 1 6 9 2 T S

to operate their police service in a manner suitable to their needs. It should be emphasized at this point that the home secretary and the police and crime commissioners do not have the power to direct or to order police in their specific law enforcement duties. Rather, they are responsible as executive overseers for the management of the forces.

Whereas the home secretary represented the central government’s control of police, until recently, police authorities represented the civilian control of police at the local level. Police authorities had been utilized throughout the police service for almost 100 years. There were 43 police authorities, which corresponded to the 43 local police forces. The police authority serving the 41 provincial forces was a committee usually consisting of 17 members. Nine of the committee members were politicians from the local county council (or councils, in the event the police force served more than one county). They were elected by their council colleagues to serve on the authority. The other members were appointed by members of the police authority from a list of names prepared by the home secretary.

The police force for London had a separate and distinct police authority: the city council of London. Until 2001, the police authority for the Metropolitan Police Service had been the home secretary, who served alone in that capacity. In that year, however, the Metropolitan Police Authority was established. The new Authority consisted of 23 members. The mayor selected 12 from those serving on the Greater London Assembly. Four magistrates and seven independent members were also selected to serve with one of the independents appointed by the home secretary.

Each police authority served as an advisory body to the police force. In this capacity it was concerned with maintaining an efficient and effective force for its police area. In theory, the existence of a police authority enabled each force to maintain a degree of local autonomy and assure public input into the organization and management of the force. In fact, the authority’s actual role had declined over the years. Scholars alleged that the authorities abdicated their responsibilities and were viewed as rubber stamps for chief constables (Brogden, 1982; Lustgarten, 1986; Oliver, 1987; Reiner, 1985). Several factors were cited as possible reasons for this development. One was a result of the consolidation of the forces. The increased size of the police bureaucracies may have reduced the police authorities’ willingness to assert their power over the forces. Another was the home secretary’s authority to issue administrative circulars, in addition to the new responsibility of establishing levels of performance throughout the police service. Both of these duties impacted considerably on the management of the forces. The Research and Planning Unit and the Central Planning and Training Unit within the Home Office also may have hindered the police authorities’ utility. No one was suggesting that these units were not needed, but bureaucratic technocrats had been known to intimidate local politicians on police authorities. These units also increased the power of the home secretary, if one accepts the notion that a key source of organizational power is the control and dissemination of information. Finally, the enhanced position and deference paid to chief constables had diminished the position of police authorities. In fact, there had been a steady decline in the public’s awareness of the role of police authorities. Each of these factors gave further credence to the claim that England was moving toward a national police service.

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Police and Crime Commissioners

With the passage of the Police Reform and Social Responsibility Act (2011), the police authorities were eliminated in the 41 provincial forces by the spring of 2012. The objective was to replace the police authorities with police and crime commissioners. These commissioners are elected directly by the people where the provincial force operates. The election is designed to give the public a greater voice in concerns about crime and antisocial behavior at the local level, which many believe had been neglected in recent years as the focus tended to be directed at national concerns, in particular terrorist threats, organized crime, and immigration issues.

The police and crime commissioners are elected to a four-year term and are limited to serving two terms. Since the commissioners represent the community, they are expected to understand the crime and antisocial problems of their community. They are expected to set priorities for the police in a local strategic plan, establish the budget for the force, hold the chief constable accountable to the strategic plan, and they have the authority to hire and fire the chief constable.

The statute also calls for each provincial force to establish a police and crime panel. The panel is designed to both serve as a check on the power of the police and crime commissioner and assist the commissioner in an advisory capacity. The composition of the panel includes locally elected council members along with independent citizens. The police and crime panel is authorized to advise the police and crime commissioner on policy plans and the budget, summon the commissioner to hearings, and hold confirmation hearings for a chief constable, although they do not have the power to veto an appointment.

The aforementioned organizational changes impact the 41 provincial forces. With regard to the city of London, the city council will retain the responsibility of oversight for the police of the city. In reference to the Metropolitan Police Service, the Metropolitan Police Authority, mentioned earlier, is abolished, and the Greater London Authority oversees the Metropolitan Police. Moreover, the mayor of London appoints a deputy mayor to administer the Mayor’s Office for Policing and Crime. This office is authorized to develop a police and crime plan in consultation with the commissioner of police for the metropolis and to hold the commissioner accountable for the force’s strategic plan. The office’s plan, however, must take into consideration the strategic policing requirements established by the home secretary. Moreover, the home secretary will continue to recommend to the monarch the appointment of the commissioner of police of the metropolis. The Mayor’s Office for Policing and Crime, with the approval of the home secretary, can suspend the commissioner or request that the commissioner resign or retire.

Chief Constables

The chief administrative officer for each of the 41 provincial forces is called a chief constable. Appointed by the local police and crime commissioner, the chief constable administers and manages the daily operations of the force. The chief constable is assisted in administrative duties by assistant chief constables and superintendents. The Police Reform and Social Responsibility Act (2011) is designed to enhance the operational

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independence of chief constables. It also enables them to appoint all members of their top management team. The chief administrative officers for the Metropolitan Police Service and the City of London are called commissioners. The commissioner of police for the metropolis is appointed by the monarch through the home secretary.

Metropolitan Police Service

The Metropolitan Police Service is responsible for providing police services to the greater metropolitan area of London. This area encompasses 620 square miles and contains a population of more than 7 million. The Metropolitan Police consists of more than 31,000 officers, 14,000 staff, 4,000 police community support officers, and 2,500 volunteer police officers. The role of police community support officers and volunteer police officers is explained below.

The head of the Metropolitan Police is the Commissioner, who has spent a professional career in law enforcement. The Metropolitan Police (often referred to as The Met) are organized in the following manner. Territorial Policing is concerned with regular daily policing issues found in the 33 operational command units that make up the metropolitan area. The Specialist Crime Directorate is composed of various specialized units, such as intelligence; protection of politicians, embassies, and royalty; and certain categories of serious crime, which include violent crime, racial hatred, and terrorism. Central Operations also consists of specialized units. These include Traffic, Air Support Unit, Marine Support Unit, Public Order, Mounted Branch, and the Dog Support Unit. The Met has a large administrative and support staff devoted to such functions as recruitment and training, information technology, and publicity and communications.

City of London Police

It should be noted that the one-square-mile City of London has its own police agency. The City of London Police consists of approximately 755 officers, and 412 civilians, 12 police community support officers, and 82 volunteer special constables who are responsible for the policing needs of the roughly 10,000 residents of the city, the 300,000 commuters who work in the city, as well as a significant influx of tourists throughout the year, which is estimated at 4 million.

National Crime Agency

Since 1965, England has had regional crime squads that were cooperative and collaborative ventures among regional constabularies. In 1997, these squads were merged into a National Crime Squad (NCS) with a mandate to prevent and detect serious crime. In 1992, the National Criminal Intelligence Service (NCIS) was created in an effort to establish proactive models of policing throughout the English police service. There were several operational units within NCIS that illustrated the range of its domestic responsibilities. They included the organized crime unit, the drugs unit, the economic crimes unit, and the football unit, which focuses on disruptive soccer fans. A specialist crime unit also dealt with kidnap and

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extortion, counterfeit currency, stolen vehicles, and pedophiles. The NCIS coordinated the collection, storage, and analysis of information about serious crime and criminals at the regional, national, and international levels. It provided criminal intelligence to police forces and other law enforcement agencies. Thus, it served as a national support unit for various law enforcement agencies.

In 2006, the Serious Organized Crime Agency (SOCA) assumed the functions of the NCS and NCIS. This agency was also responsible for drug trafficking, financial crimes, and organized immigration crime. The home secretary established the strategic priorities for the agency and appointed the chair and director general of SOCA. The chair was responsible for the overall performance of the agency, while the director general was charged with the administration and operations of the agency.

The Police Reform and Social Responsibility Act (2011) called for the establishment of a National Crime Agency, which includes the various components of the Serious Organized Crime Agency. It became operational in late 2013. The primary objective of this agency is to enhance the response to crime that threatens the national security of the United Kingdom. Of particular concern at the operational level are issues associated with organized crime, economic crime, cybercrime, and protecting young people from sexual abuse and exploitation.

The establishment of the Border Force was also a component of the 2011 legislation. It became operational in 2012. As the name suggests, the Border Force is responsible for securing the coastline of the United Kingdom. They have a presence at all seaports and airports, where they enforce immigration and customs regulations. In the process they are able to gather intelligence and share information with other police and security agencies.

Other Police Organizations

The British government has found it prudent over the years to establish several centralized law enforcement and investigative agencies that specialize in police matters. To illustrate, there is the Ministry of Defence Police, which is a civilian force with full police powers; it is responsible for the land, property, and personnel of the Ministry of Defence. The British Transport Police is responsible for the national railway network and the London Under - ground. Another national police force is the Atomic Energy Authority Constabulary, which protects nuclear materials and the sites of the Atomic Energy Authority.

Police Powers by Civilians

Civilians have long been employed in police organizations and have usually been associated with the administrative and technical support staff. With the passage of the Police Reform Act (2002), civilians were given the opportunity to perform specific duties that had often been solely associated with the police. The objective of this change is to free up the regular police officers and thus enable them to use their law enforcement and order maintenance skills in a more effective and efficient manner. Within the first year of its existence, approximately 65 percent of the police forces were participating in this venture (Jason-Lloyd, 2003).

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According to Section 38 of the Police Reform Act (2002), a civilian can exercise police powers if he or she is employed by the police authority of a force and is under the direction of the chief officer of that force. The chief officer of the force determines the extent to which these civilians will be permitted to exercise a wide range of special powers mentioned in the statute. Moreover, the civilians can perform one or more of the following duties: community support officer, investigating officer, detention officer, and escort officer. The police community support officers were alluded to earlier in the sections on the Metropolitan Police Service and the City of London Police. These officers wear a distinct uniform and are utilized in particular as an additional visible patrol presence in specific areas to address quality-of-life and safety issues in a community. They are authorized to take crime reports and to issue fixed penalty notices dealing with dogs, litter, and graffiti. They can confiscate alcohol and tobacco products from young people. Finally, they can detain an offender until police arrive.

Another use of civilians is as investigating officers. First of all, this title enhances the status and authority of the civilian crime scene officers that have been utilized for many years. In light of the sophisticated financial and information technology crimes, this statute also enables the use of other civilian specialist detectives. Detention officers can be either employed by the police force or contracted out to a private firm. Their responsibility is to care for suspects summoned and detained at a police station. Escort officers can also be either employed by the force or contracted out; their principal job is to transport people who are under arrest when the need arises.

Finally, there is the position of volunteer special constable. This position enables people to give back to their community by assisting the police in various tasks that are determined by each police force. Among the duties frequently assigned are: foot patrol; conducting house interviews; assisting at scenes of accidents; addressing antisocial behavior problems, crime reduction, and community safety presentations; and providing security at various events. The government has established the guidelines for eligibility to this position. A minimum of 200 hours a year of service is required. While these volunteers are not paid, their uniform and expenses incurred on the job are reimbursed.

A Nonpolice Organization

Although it is not a police organization, brief mention should be made of the Security Service for the United Kingdom, which is more commonly referred to as MI5. MI5 is responsible for protecting the country against threats to its national security. While it is accountable to the home secretary, it is not a part of the Home Office.

The origins of the Security Service are generally traced back to the sixteenth century, when Sir Francis Walsingham established a spy network to protect Queen Elizabeth I. In the early twentieth century, a number of British military intelligence units were desig- nated by a section number. MI5 was responsible for counterintelligence and security. Its mandate was to protect the British political system and economic interests. Today, the Security Service collects and analyzes secret intelligence in order to protect the country from espionage, sabotage, and terrorism. It provides advice on security matters to both public and private organizations. It is a civilian investigative agency that does not have the

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power to detain or arrest but does share information with law enforcement agencies. MI6, a separate agency, is the Secret Intelligence Service that is responsible for the external security of the country. In that context, MI6 is similar to the Central Intelligence Agency of the United States.

Office of Inspectorate of Constabulary

This agency is mandated to assure efficiency and effectiveness in the British police service. The County and Borough Police Act created the office in 1856. The inspectorate has offices in London, along with three regional offices. The London office focuses on such issues as crime and operational policing, community relations, personnel and training, and race and diversity. Until recently, inspectors of constabulary were all former chief constables who had been seconded to the inspectorate. Now, some inspectors do not have a background in policing; rather, they often have experience in the management of private or public-sector organizations.

The inspectorate provides two services to the home secretary and the various police forces. As originally mandated in 1856, it continues to assess the efficiency of forces and serves as a link between the research units of the various forces. The inspectorate encourages and facilitates the sharing of new ideas among forces. The most visible duty performed by the inspectorate is providing an annual report to the home secretary on a variety of aspects of the police service. The report discusses the recruitment and strength of forces, training and promotions, crime and traffic statistics, scientific and technical developments, community relations, complaints and discipline, and welfare.

In addition to the annual report, the inspectorate from time to time will issue more topical reports that may impact some or all the police forces. In November 2014, for example, they reported in Crime-recording: making the victim count that one in every five crimes reported to the police were not recorded as such. This amounts to more than 800,000 incidents. While politicians were outraged at this finding, the various representatives of the police indicated that the issue had been addressed since the data had been collected from November 2012 to October 2013. The distinction between crime reporting and crime recording is explained shortly in discussing the role of the British Crime Survey.

With the passage of the Police Reform and Social Responsibility Act (2011), the inspectorate has been charged with focusing greater attention on the provincial forces by assessing the performance of the police and crime commissioners and the individual police forces. The inspectorate will also assist the forces in identifying best practices to achieve the goals spelled out in their local strategic plans.

Independent Police Complaints Commission

For four decades, the British government has attempted to improve police–community relations by permitting civilian participation in the determination of alleged police misconduct. Prior to this change, the police were solely responsible for policing themselves. Some citizens questioned the efficacy of this approach and were successful at convincing Parliament to amend the process. With the passage of the Police Act (1976), the Police

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Complaints Board was established. The board was essentially composed of part-time members, and its role was one of passive oversight in handling complaints. Critics of the board pointed out that it did not have adequate contact with the police or sufficient powers in the complaints process (Brown, 1987; Terrill, 1983).

Criticism of the Police Complaints Board’s authority led to it being replaced with the Police Complaints Authority (PCA), through the passage of the Police and Criminal Evidence Act (1984). The PCA was composed of citizens who were appointed to full-time duty by the home secretary. Excluded from service were all current and former English police officers. Under this system, the authority was more actively involved in the complaints process. For example, it supervised investigations of all serious complaints. “Serious” was defined as allegedly causing death or serious bodily injury to a person. In such instances, the authority must be notified of the complaint. Less serious complaints that might be criminal as well as disciplinary in nature were also immediately called to the attention of the authority. In these cases, the authority simply supervised the investigation. All other com plaints were either formally investigated or informally resolved.

In the 1990s, there was again a growing level of criticism directed at the PCA. Questions were raised over the extent to which the PCA was independent of the police. Some critics cited the European Convention on Human Rights and suggested that the PCA was an inadequate mechanism for enforcing Article 13 of the Convention, which states: “Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.” It should be noted that while much of the European Convention on Human Rights was incorporated into the country’s Human Rights Act (1998), Article 13 was excluded from the statute. Nevertheless, British courts have an obligation to note the developments in European Convention case law.

The Police Reform Act (2002) created the third and most recent iteration of civilian involvement with the process of investigating police misconduct by establishing the Independent Police Complaints Commission (IPCC). The IPCC became operational in April 2004. Section 9 of the statute addresses the matter of the Commission’s independence. It points out that the Commission is a corporate body rather than a “servant or agent of the Crown.” Thus, it is a public organization that is independent from the government.

The IPCC consists of a chairperson and at least 10 other members who are appointed by the home secretary. No former or active police officer or member of the National Crime Agency is eligible to serve on the Commission. While previous oversight mechanisms focused on complaints against regular police officers, the authority of the IPCC is broader. It includes all regular police, civilians with police authority (for example, the police community support officers), and civilian employees.

Section 12 of the statute clarifies the scope or nature of complaints that can be filed with the IPCC. The complainant must be a victim, a witness, or a person adversely affected by the conduct in question. Complaints can be filed with the IPCC, a police and crime commissioner, or a chief officer of a force. It should be noted that a complaint can be informally resolved, but the complainant must agree to this method of handling the matter.

Depending on the nature of the alleged misconduct, an investigation into a complaint might take one of four forms. First, an investigation might be conducted in-house without

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the input of the IPCC. Second, an investigation might be supervised by the IPCC because the matter raises probable public concerns. Third, an investigation might be managed by the IPCC; that is, it would merit direct control by the IPCC because of the probable public concerns over the incident. Finally, an investigation might be conducted by the IPCC because of the nature of the incident and the heightened level of public concern.

Following the investigation, if the matter is noncriminal in nature, the chief officer has two avenues available. If the officer admits guilt, a sanction can be imposed. The IPCC and the complainant must be informed of the recommended sanction. If the officer does not admit guilt, a disciplinary hearing would be conducted. In the event the officer is found guilty, a sanction would be imposed. If there is a finding that a crime was committed, the case would be sent to the Director of Public Prosecutions. (This office will be explained in the section on the judiciary.)

Throughout the complaint process, the IPCC is either actively or passively monitoring how the case is being handled. What is particularly new to this complaints procedure is the degree to which the complainant can be actively involved in the process. For example, the complainant must consent to an informal resolution of a complaint. The IPCC must consider the complainant’s preference for the type of investigation undertaken. The complainant is kept apprised of the case through progress reports and may appeal to the IPCC during the various stages of the process. Finally, the complainant may attend the disciplinary hearing. Obviously, all of these steps are designed to make the handling of alleged complaints against the police more transparent so that the public has a greater faith in the integrity of the system.

Representative Organizations

Brief mention should be made of the various police representative institutions. Police unions in the United States have been a long-standing and controversial issue in police literature. A powerful union can frequently influence policy development and management directives. English police officers are not permitted to join a union or any other group whose purpose is to represent police on issues involving salary, pensions, or working conditions.

There are three police associations representing the various ranks in the English police service. The Police Federation, which was established in 1919, was formed because of a number of police strikes that occurred during and after World War I. The Federation represents all police below the rank of superintendent. The Association of Chief of Police Officers (ACPO) traces its origins to the 1890s and represents those of the rank of assistant chief constable and above. The Superintendents Association was founded in 1920 and was established primarily because officers with the rank of superintendent were not represented in the other two associations.

Representatives from these three organizations serve on both the Police Council and the Police Advisory Board. Thus, although the English police are not allowed to join unions, they do have representatives on the committees that decide salaries, pensions, and working conditions.

The Police Council for Great Britain has been in existence since 1919. It is composed of members from the local police crime commissioners as well as representatives of the

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various police associations. The council handles such issues as salaries, hours of duty, pensions, and equipment. The Police Advisory Board for England and Wales was established in 1964; its membership consists of representatives from local police crime commissioners and police associations. It advises the home secretary on general issues affecting police, particularly promotions and disciplinary matters.

Police Functions

The primary duties of police were explained in the 1962 Report of the Royal Commission on the Police. The Commission stated:

First, the police have a duty to maintain law and order and to protect persons and property.

Secondly, they have a duty to prevent crime. Thirdly, they are responsible for the detection of criminals and, in the course of

interrogating suspected persons, they have a part to play in the early stages of the judicial process, acting under judicial restraint.

Fourthly, the police in England and Wales have the responsibility of deciding whether or not to prosecute persons suspected of criminal offences.

Fifthly, in England and Wales the police themselves conduct many prosecutions for the less serious offences.

Sixthly, the police have the duty of controlling road traffic and advising local authorities on traffic questions.

Seventhly, the police carry out certain duties on behalf of Government Departments—for example, they conduct enquiries into applications made by persons who wish to be granted British nationality.

Eighthly, they have by long tradition a duty to befriend anyone who needs their help, and they may at any time be called upon to cope with minor or major emergencies.

The fourth and fifth responsibilities were altered somewhat with the introduction of the Crown Prosecutor Service through the Prosecution of Offences Act (1985). This service will be discussed in the section on the judiciary.

Legal Status

The English police trace the origin of their office back to the constable, the local repre - sentative of the king who emerged as a prominent figure in the twelfth century. The police also claim that the powers of their office are derived from common law. In 1929, the Report of the Royal Commission of Police Powers and Procedures explained what is meant by the common law origins of the constable’s powers.

The police of this country have never been recognized, either in law or by tradition, as a force distinct from the general body of citizens. Despite the imposition of many extraneous duties on the police by legislation or administrative action, the principle

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remains that a policeman, in the view of the common law, is only “a person paid to perform, as a matter of duty, acts which if he were so minded he might have done voluntarily.”

Thus, in theory, the English view their police as citizens who happen to be in uniform. In the execution of their duties, the police are limited to the powers that have been prescribed by law.

Over the years, there has emerged a body of statutes, case law, and administrative directives designed to grant special powers and controls to the English constable when questioning people, arresting suspects, searching people, and seizing evidence. The use of such authority has been the subject of much discussion in England, as it has in the United States. In January 1981, the Royal Commission on Criminal Procedure issued a report that was to become the basis for the Police and Criminal Evidence Act (1984). In light of some highly publicized miscarriages of justice, the Royal Commission on Criminal Justice was created in 1991. It issued a report that subsequently led to the passage of the Criminal Justice and Public Order Act (1994). The implications of these pieces of legislation on police powers will be examined in the law section of this chapter.

Like their American counterparts, the British police utilize a good deal of discretion in carrying out their responsibilities. Probably the most interesting characteristic of the English police, from an American point of view, is that they are not legally accountable to the municipality they serve for the performance of their duties. The English constable is acting as a servant of the Crown and not as an employee of the provincial police authority that hired him or her.

This independent status of the constable has been supported for some time by the courts. In the case of Enever v. The King (1906), the court ruled that: “The powers of a constable . . . , whether conferred by common or statute law, are exercised by him by virtue of his office, and cannot be exercised on the responsibility of any person but himself. . . . A constable, therefore, when acting as a peace officer, is not exercising a delegated authority, but an original authority.” This judgment was affirmed in the often-cited case of Fisher v. Oldham Corporation (1930): “[A] police constable is not the servant of the borough [town]. He is a servant of the State, a ministerial officer of the central power, though subject, in some respects, to local supervision and local regulation.”

These decisions obviously do not allow a police officer to act as a “free spirit” but as a member of a highly disciplined organization who is subject to the orders and directives of superiors. This fact was clearly enunciated in the case of R. v. Commissioner of the Metropolis, ex parte Blackburn (1968). The court ruled:

Although chief officers of police are answerable to the law, there are many fields in which they have a discretion with which the law will not interfere. For example, it is for the Commissioner of Police or chief constable, as the case may be, to decide in any particular case whether enquiries should be pursued or whether an arrest should be made, or a prosecution brought. It must be for him to decide on the disposition of his Force and the concentration of his resources in any particular area.

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Thus, a constable is responsible and accountable to the chief constable of the force in which he or she serves. Today, British police officials view these court decisions as an assurance that police have a degree of impartiality in carrying out their duties. This independence is assured by freeing them from the controls of the local government. Therefore, local politics are significantly removed from the police force.

The Police and the Public

When the Metropolitan Police of London was created in 1829, there was a recognized need to win public support and cooperation for the scheme because many people feared this kind of centralized police force. From its inception, the founders instilled in the rank and file the importance of public acceptance. For more than 175 years, police throughout England gained the trust and the support of a large segment of the British populace. For more than two decades, however, the English police have been the subject of a good deal of criticism. Much of it was initiated as a reaction to their handling of urban riots and public order demonstrations (Brogden, 1982; Lustgarten, 1986; Oliver, 1987; Reiner, 1985; Scarman, 1981). This was followed by allegations of racism and most recently concerns over the mistreatment of ethnic minorities. Whereas respect for police was largely assumed in the past, there is now a recognition that it must be earned.

In addition to the aforementioned concerns, there is also the issue of crime and the public’s perception of it in their community. For some time now, the British have been collecting two types of data on crime. One is the recorded crime figures reported to the police. The other is data collected from the British Crime Survey (BCS). The BCS seeks to get a more accurate reading on the degree and nature of crime by asking people about their personal experiences. This is done in recognition of the fact that not all people who are victims of crime report it to the police. As a note of caution, it is important to cite an acknowledgment by the BCS that it does not collect information on crimes against businesses or commercial property.

Crime peaked in England and Wales in 1995 when 5,252,980 offenses were reported to the police. The BCS estimated at the time that the actual number of crimes was possibly four times the number recorded by the police. Based on interviews taken in 2005 and 2006, it is estimated that roughly 10.9 million crimes have occurred against adults living in private households. This represents a 44 percent decrease or 8.4 million fewer crimes compared to 1995. Domestic burglary and vehicle crimes have declined by 59 percent and 60 percent, respectively, while violent crime has dropped by 43 percent. The risk of being a victim of a crime was reduced from 40 percent in 1995 to 23 percent in 2006. This is the lowest figure since the BCS was initiated in 1981.

Although the crime rate has fallen, a high proportion of people still believe that crime is increasing. According to the BCS, people are concerned about burglary, car crime, and violent crime. While the fear of crime persists, the 2010–2011 BCS found a decline among its respondents from the previous year regarding fear that they were likely to become a victim. For example, the fear of burglary was down from 15 percent to 13 percent, car crime down from 21 percent to 17 percent, and violent crime down from 15 percent to 13 percent.

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In 2012, responsibility for the British Crime Survey was taken over by the British Market Research Bureau for the Home Office. Referred to as the Crime Survey for England and Wales (CSEW), the goal is to provide a better understanding of the level of crime in the country, rather than depend on crime statistics from the police that reflect incidents reported to them. Thus, an attempt is made to include crimes that people did not report either because the events were minor or the victim assumed the police could not resolve the matter.

For the year ending March 2014, CSEW estimated that 7.3 million crime incidents occurred to households and residents 16 years and older, which represented a 14 percent decrease from the previous year. There were specific reductions in a number of major crime categories: violence, 20 percent; criminal damage, 17 percent; domestic burglary, 12 percent; theft, 10 percent; and vehicle theft, 8 percent. In addition, the CSEW estimated that 810,000 crimes were committed against children between the ages of 10 and 15. Violent crimes represented 55 percent of this number and 40 percent were thefts of personal property.

During the same period, the police recorded 3.7 million crimes, which was similar to the previous year. Among the categories that experienced a decrease were: robbery, 11 percent; theft from a person, 10 percent; and criminal damage and arson, 4 percent. Those that experienced an increase were: violence against a person, 6 percent; shoplifting, 7 percent; and sexual offenses, 20 percent. The significant increases in sexual offenses are attributed in part to a heightened effort to encourage victims to report not only recent offenses but also those that occurred in the past. The police also noted that at the end of the 2013 calendar year, approximately 1 million non-notifiable offenses, such as drunk and disorderly conduct and speeding, led to convictions in magistrates’ courts. Non-notifiable offenses are not part of the CSEW estimates or police recorded crime data.

Police reported about 2.1 million incidents of antisocial behavior for the year ending March 2014. This was a decrease of 7 percent from the previous year. It was further noted by Her Majesty’s Inspectorate of Constabulary that there is a wide variation when associating a particular behavior as antisocial. This has been a problem since the inception of its use. Antisocial behavior was identified as an issue indirectly in the Public Order Act (1986) and the Housing Act (1996) and directly with the Crime and Disorder Act (1998) and the Anti- Social Behaviour Act (2003). Thus, it has been part of the tough approach to law and order agenda of both the Conservative and Labour parties for several years (Smith, 2014).

Initially, people were concerned about the level of antisocial behavior in their neighborhoods, that is, types of people who, if not deviant or disorderly, were perceived as a risk to the law-abiding citizenry. Her Majesty’s Inspectorate of Constabulary com - missioned research on public attitudes about antisocial behavior (Ipsos MORI, 2010). Although the Crime and Disorder Act (1998) defined antisocial behavior as nuisance, unrest, incivility, and persistent offending, one important finding from the research indicated that people often do not make a clear distinction between antisocial behavior and crime. The most common types of antisocial behavior are street drinking and underage drinking, young people loitering in the streets, and vandalism and graffiti.

It has been suggested that a definition of antisocial behavior was purposely left vague to enable local communities to identify specific problems in their area. For some, it is a

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matter of common sense that antisocial behavior is simply unacceptable behavior. Adults, in particular, associate certain behavior among young people as antisocial (Brown and Evans, 2014; Hulley, 2014). One scholar has divided antisocial behavior into three groups: (1) interpersonal or malicious, that is, threats to neighbors; (2) environmental, such as graffiti and noise nuisance; and (3) restricting access to public space, for example intimidation by young people on streets, aggressive begging, street drinking, and open drug use (see Millie in Dockley and Loader, 2013).

In some instances, such behavior is obviously a crime, while in others it is less clearly defined. A number of actors, such as parents, educators, youth services, social housing, and urban planners have a role to play in addressing this issue. It is the police, however, that are viewed as principally responsible. Respondents to the aforementioned survey indicated that the police (at 90 percent) are seen as primarily or jointly responsible to address antisocial behavior, while local councils were a distant second at 36 percent. Interestingly, but somewhat not surprisingly, the responsibility of parents and families was cited only at 16 percent and the individual at 8 percent (Ipsos MORI, 2010). In light of the cuts in social services, the responsibility of the police in this matter will no doubt increase.

Moreover, tension between police and those youths already identified at risk exacerbate further when a singular public disorder occurs. The riots of August 2011 make a case in point. Mark Duggan, a black man, was a passenger in a taxi in the black community of Tottenham, which had had a difficult relationship with the police for years. He was shot and killed by the police; an officer was also wounded in the confrontation. Initially, the police alleged that Duggan fired at the officers, but it was determined that he did not have a gun and that the officer had been shot inadvertently by another officer (Briggs, 2012).

At first the protests were peaceful, but soon they escalated to rioting and looting in London, Birmingham, Liverpool, Manchester, and Nottingham. For some young people, especially blacks and other minorities, this unrest was viewed as payback against the police. The young who had been frequently stopped and searched by the police and who felt that they were often treated in a disrespectful manner perceived the criminal justice system as unjust toward them (see Goldson in Dockley and Loader, 2013).

Duggan was killed on August 4th. The riots occurred between the 6th and 11th of the month. Riot insurance claims amounted to 300 million pounds, and 2,278 commercial businesses were damaged. Five people died—none at the hands of the police (Rusbridger and Rees, 2011). Almost 4,000 people were initially arrested, and the police recorded 5,175 offenses related to the rioting. The average person arrested was a young male under 25 years of age and already known to the police. Of the adult males—that is, 18 years of age or older—71 percent had at least one previous conviction. Of the males ages 10 to 17, 45 percent had at least one previous conviction.

In July 2012, the Guardian newspaper reported on the status of the people who had been arrested by the police for riot-related offenses. The data was acquired from the Ministry of Justice. A total of 3,051 people had a court appearance at that time, and 1,968 were found guilty and sentenced. Of those sentenced, 1,292 were placed in immediate custody for an average of 16.8 months. Of those appearing in court, 89 percent were male and 11 percent female. The ethnicity of the defendants indicated that: 36 percent were white; 34 percent, black; 10 percent, from a mixed background (this usually means white/black

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Caribbean, white/Asian, or white and black African); 6 percent, Asian; 2 percent, another; and 13 percent, not stated.

Of particular note, 503 young people (ages 10 to 17) appeared in youth courts. Of those, 161 were sent to jail for an average period of eight months. Both the riot and the previously mentioned antisocial behavior campaign have had an impact not only on the police but also on the entire justice system. Antisocial behavior orders have been a particular concern for corrections and the youth justice system, of which more will be said subsequently.

Such events as a riot have an obvious impact on the police organization throughout the country. Recruitment, training, and crime-prevention tactics receive heightened scrutiny. Moreover, the public perception of the police is altered in some cases. Nevertheless, it should be noted that Optimum Research conducted a public opinion survey following the riots of 2011. Approximately 2,000 adults above the age of 18 participated. Of these, 85 percent were of the opinion that the sentences handed down were not tough enough. Moreover, 75 percent indicated a good deal of sympathy for the police (Briggs, 2012).

Recruitment and Training

The British have always prided themselves on maintaining a professional police service. This idea has taken on a new meaning and emphasis in recent years because of criticisms directed at the service. Central to professionalism are the recruitment, training, and educational opportunities extended to members of the police service. A good deal of effort has been directed at evaluating and amending training programs for police, and it appears that this kind of focus will continue.

The Criminal Justice and Police Act (2001) gave the home secretary a good deal of authority over police training. Centrex, the Central Police Training and Development Authority, was established as a result of this legislation. The headquarters of Centrex was Bramshill House, which was the home of the Police Staff College. Centrex provided a number of training services for the police, of which many are priorities for improving police activities that are highlighted in the home secretary’s National Policing Plan. The Centrex staff included civilians with various expertise in training and education and police officers who had been seconded to assist with improving professional practices. In 2007, the National Policing Improvement Agency (NPIA) became operational and assumed the responsibilities of Centrex. Its mandate was to improve the way police organizations work across a variety of areas of policing. In addition to training, NPIA’s responsibilities included modernizing the workforce, improving professional practice, developing leadership and learning programs, assisting in the achievement of national standards, developing and maintaining a national police computer and database infrastructure, and delivering major change programs designed to improve the performance of the police service.

In terms of recruitment, there has been a national advertising campaign funded by the central government for some time now. Through a series of exercises designed by Centrex, a recruit is evaluated as to his or her competencies for police work. In the past, the initial training was often teacher-centered and presented with a rigid, one-dimensional view of policing. Now the training philosophy emphasizes student-centered learning, with an eye to the development of the individual and a recognition of individual differences to some

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extent. There is also an emphasis on team activities. These new dimensions in training were introduced as a result of the Scarman Report following urban disorders. This report, along with published findings of several academic researchers, pointed out the problem of racial intolerance within the police service and the lack of understanding of the multiethnic society that England was quickly becoming. While the police had long been told that they had to secure the support and consent of the public, what had been lacking was a recognition that ethnic minorities constituted an important element of that public. As a result, training today not only consists of the acquisition of knowledge and skills but also includes an examination of attitudes (Southgate, 1988). The present recruit training program that embraces those values was designed by Centrex.

All recruits start their careers at the rank of constable. Thus, the British do not subscribe to the multiple-level entry scheme common in some countries in continental Europe. Each recruit is placed on probation during the initial two years of service. Their first indoctrination to police work is presented at one of the regional training centers. Basic training is a mixture of theory and practice, including courses in patrol procedures, law, report writing, traffic safety, first aid, and physical education. Following the initial training phase, recruits return to their force, where the force’s training department offers a three- week course indoctrinating the officers in local procedural issues. This is followed by 10 weeks in the field under the guidance of a tutor constable. The rest of the probationary period is spent on a beat under regular supervision. During this period, there is some additional classroom training.

English police officers are offered a wide range of courses to assure technical competence and to aid people seeking promotion to middle-management positions. Centrex had been actively involved in the design of new courses and methods of testing the participants. There are refresher courses offered to people who are already in a technical field or position of management. Technical courses for the specialist include investigation, driving, photography, dog handling, communications, crowd control, crime prevention, first aid, and the use of firearms. It should be pointed out that since the inception of the police in 1829, the typical English police officer does not carry a gun. This is one of the unique and often-discussed features of English policing.

Officers are encouraged to continue their studies in institutions of higher education. Through the Bramshill scholarship, officers have attended Oxford University, Cambridge University, the London School of Economics, and many other British institutions of higher education. They have studied such diverse subjects as anthropology, economics, history, law, management, political science, psychology, and sociology. In addition to providing officers an opportunity to attend college, the police service also has attempted to recruit college graduates. Although all recruits must start at the rank of constable, the college graduate is placed in a graduate-entry scheme designed to promote him or her through the ranks faster than the nongraduate.

The British police service has attempted to improve its professional stature with the public by continuing to improve its recruitment campaign and basic training course and by emphasizing the need for people in the service to pursue studies in institutions of higher education. One problem area remains, however: minority recruitment. Although efforts have been made to recruit members from minority groups to various forces, the rate of success

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has been disappointing. Thus, the white majority continues to police racial minorities. Although minority recruitment will not totally eradicate racial tensions (this has already been proved in the United States), it should begin to help alleviate some of the discord and tension.

Crime Prevention

The English police service has long been committed to crime prevention and for a number of years had offered specialist training in crime prevention at Staffordshire. The police have been experimenting with several strategies to enhance their crime-prevention role. For example, crime-prevention officers are found on every force. In addition to emphasizing the involvement of the community in crime prevention, the specialists also must convince their colleagues that crime prevention is the responsibility of all officers. One method of indoctrinating all officers to crime prevention is to orient the tutor constables to the work of crime prevention. Another strategy is to have a crime-prevention component included in all training (see Harvey, Grimshaw, and Pease, in Morgan and Smith, 1989).

Focused policing was another strategy that had been tried in some forces. In this design, beat officers focused their attention on particular crime problems in their patrol areas during periods when their time was uncommitted. Neighborhood watch programs also had been introduced. These programs included the four basic strategies of (1) having people watch their own neighborhoods and report concerns to police, (2) marking personal property through the use of identification kits provided by police, (3) providing home security surveys, and (4) establishing community crime prevention and environmental awareness programs (Morgan and Smith, 1989). Presently, there are thousands of neighborhood watch programs established throughout the country (Home Office, 2001). A final strategy, tried in some forces, was the permanent or home-beat community constable. This involved the long-term assignment of an officer to a specific beat area, with an emphasis placed on crime fighting (particularly regarding property offenses) in the hope of establishing better contact with the community (see Fielding, Kemp, and Norris, in Morgan and Smith, 1989).

While the aforementioned strategies were each designed to contribute to the crime- prevention effort, there has been an interest in encouraging cost-effective initiatives in the management of police organizations. At a time when efficiency and effectiveness are the buzz words in policing, there arose suggestions that police must prioritize their work. This would undoubtedly have an impact on crime-prevention strategies. In one study, police and public attitudes toward crime were considered along with the issue of prioritization. Prioritization implies that police can either respond to a call, ignore it, or pass it on to another service agency. It was discovered that the English police respond to almost all calls received. Thus, they continued to perceive themselves as the one all-purpose emergency agency. Moreover, surveys of the public suggest that they want more officers on foot patrol, that a priority be given to serious crimes, and that problems of youths, noise, and vandalism be left to the permanent beat officer and the community (see Shapland and Hobbs, in Morgan and Smith, 1989).

With the passage of the Police and Magistrates’ Courts Act (1994), the police were required to prioritize their work. After consulting with the chief constable and the

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community, the police authorities were expected to establish local policing plans. The plan was to include specific objectives identified by either the home secretary or the local police authority, along with a budget for the resources necessary to implement the plan. In light of the organizational changes introduced in the Police Reform and Social Responsibility Act (2011), these responsibilities will now be taken over by the local police and crime commissioners and the police and crime panels.

The Home Office has established a campaign of citizen-focused policing. The goal is to improve the public’s confidence in the police through increasing the public’s involvement with identifying the needs of the community and hence its expectations regarding law enforcement, order maintenance, and general service. Obviously, the local priorities will involve such issues as reducing crime, investigating crime, promoting public safety, and providing assistance.

The police community support officer scheme, which was mentioned earlier, has an important role to play in this effort. As mentioned above, community support officers are civilians who have been given limited police powers. Their principal job is to patrol areas either to assure the maintenance of quality-of-life issues or to identify safety issues in the community and seek methods to rectify specific problems. The use of police community support officers is expanding throughout the country.

For some time now, the Metropolitan Police Service had established a Victim Support Scheme that was designed to encourage victims to seek support and assistance. They have specially trained officers to aid sexual assault victims. More recently, the Met has created community safety units. These units have received special training in community relations, specifically in local cultural issues. One of the tasks assigned to the community safety units is to assist with addressing the problem of hate crimes. The units are designed to provide advice or offer referrals to other organizations. The unit will investigate allegations of hate crimes. If it is determined a crime was committed, the unit will offer support through the prosecutorial process.

Public Perceptions of Police

Like their American counterparts, English police officers—especially those assigned to urban areas—consider themselves part of a minority that is grossly misunderstood. By and large, they have developed this attitude because of their contact with only a small segment of the population. That segment, rightly or wrongly, has been deemed criminal or deviant by society. Because of their infrequent contact with the nonoffender, police do not realize that a large segment of the population generally views their service in a favorable light.

Police and independent researchers have recognized that this feeling of support for the police and sense of cooperation with the white adult population does not exist to the same degree with young people and minority groups. Of particular note are personal criticisms about rudeness, bad tempers, and dishonesty. General criticisms of police are also cited, such as the abuse of powers of search and arrest, methods of obtaining information, and the concealment of complaints filed against police.

The Policy Studies Institute published a study of citizen attitudes toward police from data collected between 1980 and 1982 (Smith and Gray, 1985). The study found that public

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confidence in police with regard to their handling of crime matters remained fairly high, but that the public felt streets were not safe at night and that police were failing in this regard. Nevertheless, the public did not express alarm with the level of crime in general or with police performance in particular. In addition, police service to victims of crime was generally viewed as satisfactory.

The study also raised the question of police exceeding their powers; 46 percent expressed the view that police never exceed their powers, 29 percent were of the opinion that certain groups did not receive fair treatment (three-quarters of this group singled out minorities as recipients of unfair practices), and 25 percent had no opinion. Moreover, one in 10 lacked a general confidence in police standards of conduct, but even these people did not think that there was a pattern of frequent or usual misconduct.

The study clearly pointed out that it was the relations with specific minority groups that created divisive attitudes. One-third of young white people between 15 and 24 years of age thought police used threats and unreasonable pressure in questioning, and one-fifth felt that police employed excessive force in making an arrest. People of West Indian origin in this same age group were the most critical of police: 62 percent thought police used threats and unreasonable pressure in questioning, 53 percent felt police used excessive force in making an arrest, and 43 percent were of the opinion that police fabricated evidence. Despite these findings, a majority of these minority groups were willing to cooperate with police to a considerable extent.

When asked if an increased recruitment of minorities to the police would make a difference, a little more than one-half felt that it would make no difference. One-third thought that it would lead to improvements. All groups—whites, Asians, and West Indians— appeared supportive of hiring more minorities to the police.

Until the 1980s, the government and senior police officers had not publicly acknow - ledged the existence of these problems. Many were unwilling to admit that the police service and the public of the 1970s had changed considerably from those of previous generations. Moreover, to help bolster that sense of false security, confrontations between the police and the public had not been as violent, or as prevalent, as was the case in the United States. This situation changed in the 1980s, however. England experienced the rise of a vocal minority that was willing to be both verbally and physically hostile toward the police. For the most part, these minority groups were demanding the same kinds of changes that fostered the American civil rights movement of the 1960s—and for the same reasons.

To rectify these concerns, police have made an effort to improve relations with the general public, particularly with youth and minority groups. Training in police–community relations is an important part of the basic training and continuing education programs for officers. Government and independent researchers continue to recommend further improvements in police–community relations. These are similar to those mentioned in the literature on American policing. They include the continuation and intensification of police instruction in community relations; the retraining of officers who are abusing police powers; the dissemination of information to the public about police with regard to their role, duties, and powers; the expansion of personal contact between the police and the public; and, in particular, an improvement in race relations.

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For several years, specialists in police–community relations have been working to create liaison offices between the police and the public. This was given greater weight with the passage of the Police and Criminal Evidence Act (1984), which specifically called for the creation of methods by which people can express their views regarding police in their area. In light of this, the Home Office recommended the creation of police consultative committees (PCCs). The PCCs have four specific objectives: (1) to permit citizens to express their views about policing in their area, (2) to improve the citizens’ understanding of the police role, (3) to resolve conflicts between police and a particular group, and (4) to encourage community participation in crime-prevention efforts (Morgan and Smith, 1989).

In more recent years, the British Crime Survey has attempted to collect evidence regarding the public’s perception of the police. Several points have been raised from this data, some of which are not surprising. Knowledge of and experience with the police vary greatly among the public. People who make contact with the police because of a crime problem are less satisfied with the outcome than those who contact the police for other reasons. The police are more apt to be viewed negatively by ethnic minority groups, specifically Asians and Afro-Caribbeans, than by whites (Morgan and Newburn, 1997). The 2004–2005 British Crime Survey again examined attitudes of citizens who had reported a crime to the police. Fifty-eight percent of white respondents were satisfied with the police response, whereas 48 percent of Asians, 53 percent of blacks, and 61 percent of Chinese and other minorities were satisfied.

In 1999, Sir William Macpherson published his report, The Stephen Lawrence Inquiry, looking into the racist murder of a young black man. The inquiry was originally designed to examine the police response to the Lawrence murder investigation. The report concluded that the investigation was handled incompetently. It further considered the issue of police–community relations and questions of discriminatory behavior on the part of the police. While claims of racism and sexism within the police establishment had been made in the past, the Macpherson report concluded that there was “institutional racism” in the police service and singled out the London Metropolitan Police in particular.

A good deal of debate has been generated by Macpherson, and the police have promised to enhance their efforts at addressing both racism and relations with minority communities. In more recent years, however, the tensions between the police and some minority communities have been heightened further because of terrorist attacks in England and the police response to terrorist threats. At issue are the threats directed at Muslims because of prejudice directed at Islam and those threats initiated by a small minority of Muslims involved in terrorist activity (Rowe, 2007).

When considering the general adult population’s perception of police, there appears to be a good deal of confidence in the police. To illustrate, the British Crime Survey for 2010–2011 sought respondents’ perceptions of the police. Adults, at 59 percent, thought their local police were doing a “good” to “excellent” job, and 52 percent were of the opinion that the police were addressing the problem of antisocial behavior. In comparison with confidence measures from 2009 to 2010, perceptions on the reliability of the police rose from 50 percent to 54 percent; the belief that police treat people with respect was up slightly from 84 percent to 85 percent; and the belief that the police treat you fairly increased from 65 percent to 67 percent. The reliability of the police to deal with minor crime rose

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from 48 percent to 50 percent; the ability of the police to address local concerns increased from 56 percent to 58 percent; and the overall confidence in the local police was up from 69 percent to 72 percent. Finally, 38 percent of the victims of crime in the previous year, who had contact with the police, were very satisfied with how the police handled the incident, 32 percent were fairly satisfied, and 30 percent were unsatisfied.

JUDICIARY Scholars of English legal and constitutional history are generally in agreement that King Henry II (1133–1189) was the principal facilitator in the development of English common law and the judicial machinery used to administer it. When Henry became king in 1154, he wanted to strengthen both his political and economic positions. To assist in achieving these ends, he synthesized both old and new ideas with regard to centralizing the administration of justice.

Prior to Henry’s reign, the administration of justice was essentially carried out at the grassroots level. While there were a number of local courts with varying degrees of jurisdiction, the shire or county courts were the most significant before the Norman invasion of 1066. The principal officers of the shire courts were wealthy landowners, the bishop, and the reeve of the shire (who later would be referred to as the sheriff). Social rank, rather than knowledge of law, was the criterion used to determine who judged cases.

Feudalism was firmly established after the Norman invasion. As noted earlier, feudalism provided social and economic security for people who worked the land for a lord of the manor. One of the responsibilities of a lord was to administer justice; this was carried out in the manor court. Lords of the manor were a powerful political force for the king to consider. It was from this group that Henry II enhanced his political power by wrestling from them the authority to administer justice. He accomplished this by utilizing several different strategies.

First, some people had become dissatisfied with the administration of justice at the manorial level. They wanted the king, who in theory was the source of justice, to decide their cases. Kings of England had for years relied upon their Curia Regis, or Great Council, for advice. The Curia Regis counseled the king on domestic, foreign, and military affairs, and served as a court to settle disputes among powerful lords of the kingdom. It was from the Curia Regis that Henry created and permanently established three courts at the city of Westminster. The Court of Exchequer decided questions between the Crown and the taxpayer. The Court of Common Pleas had original jurisdiction in both civil and criminal cases between subjects of the king. The Court of King’s Bench had original jurisdiction in cases between the lords of the realm, as well as appellate jurisdiction for certain cases from Common Pleas and other local courts.

Second, if subjects could not come to the courts that permanently sat at Westminster, royal justice would come to them in the form of a circuit judge. Henry II borrowed this idea from his grandfather, King Henry I (1068–1135), but expanded its use to a considerable degree. By the fourteenth century, royal justice was expanded further at the grassroots level with the introduction of the office of justice of the peace. The principal responsibilities of

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Moreover, the reliance of the French upon a centralized government bureaucracy is also important when assessing the organization and administration of the criminal justice system. More recent implementation of reforms designed to decentralize that authority could alter that assessment over time.

POLICE Many countries throughout the world have established a national centralized police system as the principal vehicle for law enforcement responsibilities. From a Western perspective, this model traces its origins to the Roman style of policing, in which the central govern- ment created a police force for the community. Today, this approach is found in both democratic and nondemocratic countries. Unlike the fragmented police model, which is found in the United States and is attributed to the federated nature of the political system, the centralized police system is imposed on the people by the national government. Law enforcement is administered, supervised, and coordinated by that government. Moreover, the police are considered by both themselves and others as representatives of the state. For our purposes, France serves as an example of a democratic country that has established a national police system.

Throughout the history of France, Paris has had a unique place in the chronicles of the country. It is generally agreed that the French king, Hugh Capet (987–996), established the first police force when he created the position of Provost of Paris. This office combined three significant enforcement responsibilities: President of the Court of Justice, Military Governor, and Governor of the Police. The merger of these responsibilities was a result of Roman influence from when the ancient country of Gaul was part of the Roman Empire; it remained a characteristic of the French police establishment for centuries.

The provost was assisted in law enforcement duties by a number of forces. For example, the provost had at his disposal an artillery company, a horse patrol, a foot patrol, and “watchmen.” This array of units was reinforced further by constables and night-watch sentries who were responsible for policing specific quarters (territorial divisions) of the city. Because French kings were politically weak, they were not in a position to impose their police system on the rest of the country. As a result, the nobles who controlled the provinces tended to rely upon their military troops to maintain order in the countryside. This dual system of Parisian and provincial law enforcement was to exist relatively unchanged until the seventeenth century.

French kings solidified their royal authority by the seventeenth century. Under the forceful administrations of Cardinals Richelieu and Mazarin, the reigns of Louis XIII and Louis XIV marked France’s preeminence in the world. It was during this time that Jean Baptiste Colbert, Louis XIV’s finance minister, created a truly national police force. The organization established in Paris is described here, but similar forces were created in the provinces on a modified scale.

The leader of the police in the city was called the lieutenant-general of police. Appointed by the king, the lieutenant-general was both magistrate and chief public safety officer. Thus, the Roman tradition of combining these duties (which was carried on by Hugh

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Capet in the medieval period) continued into the early modern era. Public safety at that time was not limited to controlling the criminal elements; it had a much broader connota- tion that encompassed political, social, and economic concerns. To illustrate, it was the lieutenant-general who developed fire brigades and ordered the streets cleaned.

Of particular interest is the elaborate police system that the lieutenants-general had at their disposal. It included commissioners of police who were distributed throughout the quarters of the city and served as both magistrates and police executives. Assigned to each quarter were police inspectors who served as the king’s detectives. The maintenance of order in public places was the responsibility of police adjutants. They were assisted in their work by a special group of sentries who were seconded from the royal foot guards and garrisoned in the city. There were also 10 brigades of archers who patrolled the streets during the day. The watch guard, composed of both a foot and a horse patrol, patrolled the city at night. These forces were further supplemented by a military garrison quartered in Paris in the event that the civil forces were unable to handle a public disturbance. Finally, the lieutenants- general established an extensive spy system. The purpose of this group of spies, which was composed of people from all segments of society (including doctors, lawyers, waiters, domestic servants, and prostitutes), was to assist the police in compiling dossiers on a large segment of the population. This spy network, coupled with the fact that the police possessed both judicial and police powers, led to many abuses. This situation proved instrumental in rallying people to the cause of the revolutionaries in 1789.

Despite the Revolution, the police system of the ancient régime was not totally abandoned. The abuses of authority and the use of a spy network continued. The Marquis de Lafayette united former archers and constables in 1791 to establish the National Guard, which would eventually become the National Gendarmerie. In 1800, Napoleon resurrected the lieutenant-general system, made some alterations, and expanded it throughout the country. Although the old position of lieutenant-general was abandoned, in its place prefects were assigned to each of the original 95 departments—the new territorial divisions of the country. The prefects no longer served as magistrates, though. Compared to the English, French police powers remained quite broad. During the reign of Napoleon III, the police system was expanded further with the creation of the Sûreté in 1854. Originally a criminal investigation force, the Sûreté would eventually serve as both uniformed police and a detective force throughout France. The Sûreté was merged with the Police of Paris in 1966 to form the National Police.

In the previous section of this chapter, a comparison was made between France and England regarding the political history of the two countries. Because of their long historical association with one another, comparisons are often made between the two countries, and those comparisons related to the police are worth summarizing here. It is instructive for the reader to consider that these two countries, which claim a long association with the cause of democracy and liberty, established what some perceive as strikingly different roles for their police.

Among the characteristics worth comparing is the fact that the French police have been a part of the central government for centuries. The military tradition of the police is much more pronounced than that of the British, which, like the United States, has established a

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quasi-military character. Moreover, despite the frequent changes in the political regimes of France, each new government has enhanced the authority of the police. Thus, the mission of the police has remained fairly consistent, irrespective of the regime in power.

Another characteristic is the extent to which French police are allowed to intervene in the lives of citizens. While the British police have occasionally been accused of overstepping their bounds, they nevertheless see their role as largely the prevention and detection of crime. French police, however, claim a much more extensive right of intervention. This may in part be attributed to the acceptance of the philosophical position espoused by Jean Jacques Rousseau, which placed the collective needs of the majority over the individual’s rights. This position is further supported by a more pragmatic rationale recognizing that the country’s large land border has been frequently crossed by opposing armies—an unsettling source of concern realized in the twentieth century during the two World Wars. As a result, the need for internal security is a dominant concern.

The French police also have had a long and close relationship with judicial authorities. As was indicated, the lieutenants-general and the commissioners of police were magistrates. Although the police no longer have such powers, they do work in close conjunction with the judiciary because of the nature of the criminal procedural process. This will be clarified to some extent in this section and at greater length in the section on the law. In any event, French citizens usually do not make as clear a distinction between the role of the police and that of the judiciary as do British and United States citizens. Both police and judiciary are viewed as agents of the state with a common mission.

Finally, the involvement of local communities in providing police services offers an interesting comparison. In England, there has been a long-standing tradition of local community input. Although the success of this endeavor has become highly suspect as more centralized administrative features appear in the English police service, at least the mechanism is in place. Moreover, the English are fond of proclaiming that the police are merely citizens in uniform. In France, throughout most of this century, the emphasis has been on establishing police forces that are essentially administered, supervised, and coordinated by the national government. Police are representatives of the state and perceive themselves as such. More recently, however, there has been an interest in establishing municipal police forces that are accountable to the local authorities.

Organization and Administration of the National Police

The National Police is the largest of the two principal police systems in France; it employs about 150,000 people. The personnel include more than 125,000 officers in the field, about 15,000 in administration, and almost 10,000 auxiliary police. The latter group consists of young people meeting their national service requirement. Accountable to the Ministry of the Interior, the National Police is responsible for policing any town with a population exceeding 16,000 (see Figure 2.2).

Ministry of the Interior

The Ministry of the Interior is one of the most important ministries within the Council of Ministers. The minister of the interior is a civilian who has usually had a distinguished

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career in the civil service. The office is responsible for the administration, implementation, and supervision of many services provided by the national government. Among the most significant of these is law enforcement. The minister has the ultimate responsibility for the National Police force.

Director General of the National Police

The director general is a civilian appointed to the position by the government. A career civil servant who has spent some time in the civilian branch of French law enforcement, the director general is concerned with the central administration of the National Police. Thus, as the organizational chart indicates, there are administrative and operational divisions that keep him or her abreast of all aspects of the police service. It is from the director general’s office that the National Police are coordinated throughout the country.

Prefect

In the previous section, it was noted that a characteristic of governments under the Fifth Republic has been to decentralize some governmental tasks to regional and local levels, while retaining ultimate control at the center. Traditionally, this has been accomplished by utilizing the 96 departments (counties) in which France is geographically divided for administrative purposes. The national executive officer of a department is called a prefect. One of the responsibilities of a prefect is to coordinate the work of the National Police within the department.

Prefects have a direct link to the Director General of the National Police. Unless there is an emergency, all directives from headquarters of the National Police and National Gendarmerie are first sent to the prefects. Prefects also meet frequently with the local

Ministry of the Interior

Director General of the National Police

Administrative Division Prefects

*Many of these divisions are made operational at either the regional or department level and are administered by a prefect.

Operational Divisions*

• Inspector General of Police • Judicial Police • Public Security • General Internal Security • Control of the Borders • Republican Security Company

FIGURE 2.2 | Organization of the National Police

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directors of the National Police and National Gendarmerie. They are actively involved in and ultimately responsible for decisions made with respect to policing.

The National Police has established an organizational structure for purposes of efficiency and effectiveness that is made operational at different geographical levels, depending on the function. As such, some police work is organized at the regional level, some are accountable at the department level, and others are coordinated at the regional and departmental levels. When a task is organized at the regional level, a prefect from a department within the region is designated the chief administrator for the specific function.

Police Functions

In 1995, the government adopted legislation that explained the role of law enforcement and the approach that it would take to assure greater public security for the country. Five goals were identified as special initiatives for the National Police. The goals include: (1) to assure a sense of public security; (2) to control the flow of illegal immigration; (3) to combat organized crime, especially major drug dealers; (4) to protect the country from terrorism; and (5) to maintain public order. By examining the operational divisions of the National Police in the organization chart (Figure 2.2), the reader is offered some understanding as to the breadth of this police agency’s law enforcement responsibilities and its capacity to address the aforementioned goals.

The Office of the Inspector General of Police was mandated by a decree in 1974 to perform three tasks. It conducts a general inspection of all units of the National Police throughout the country. The purpose of this is to determine the effectiveness of the various forces. Another task is to investigate all alleged wrongdoing on the part of the police, including both internal and external complaints that have been brought to the attention of the Inspector General. The office also takes an active role in determining the authenticity of such complaints. Finally, the Inspector General’s office carries out studies that are designed to improve the efficiency of the police.

The Judicial Police are responsible for criminal investigations. The central adminis - tration of this directorate is divided into four subdirectorates: criminal affairs, economic and financial affairs, forensic science, and external liaison. The criminal affairs sub - directorate focuses on organized crime with the exception of economic and financial matters. Of particular concern are violent crimes; illegal drugs; trafficking in human beings; trafficking in cultural property; and trafficking in arms, explosives, and nuclear, biological, and chemical materials. The economic and financial subdirectorate is concerned with tax evasion, public corruption, counterfeiting, national fraud, serious financial crimes, and computer-related crime. The subdirectorate for forensic science includes a documenta - tion branch, forensic laboratories, and the national research, documentation, and training center. The external liaison subdirectorate was added in 1995. It is involved with collecting crime statistics from the National Police and the National Gendarmerie and in maintaining cooperation with other countries participating in international police operations.

From an operations perspective, the judicial police are divided into 19 regions throughout France and are responsible for the investigation of serious crimes. In this con- text, they utilize several specialist squads, including theft, drugs, economic/financial, and

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counterfeit units. The judicial police are also found in each department to handle routine investigative matters. In terms of their accountability, the judicial police are unique. When criminal investigations are conducted by these detectives, they must notify either a procurator (if the offense is serious) or an investigating judge (if the offense is very serious) of their suspicions. In turn, a procurator or magistrate directs the actual investigation of these serious or very serious cases. Thus, in stark contrast to the common law system of criminal investigation, the French civil law system has a police investigator and a magistrate jointly conducting the examination of very serious cases. Moreover, the suspect is informed quite early that the police and an investigating judge are proceeding with such an investigation.

The Public Security Directorate consists of the urban police or uniformed branch, which is responsible for patrolling the urban areas of the country. Members of this directorate are organized and administered from the departments. They are the most visible of all the directorates associated with the National Police because they handle most day-to-day police matters. Thus, they represent the initial efforts at both proactive and reactive policing.

In recent years, the General Intelligence Directorate and the Territorial Surveillance Directorate have been merged to form the General Directorate for Internal Security. The General Intelligence Directorate illustrated the important role that the police force plays in collecting information for the national government. The members of this directorate were often referred to as the political police; and the directorate had existed in some form since the eighteenth century. It was responsible for the collection, examination, and centralization of political, social, and economic intelligence that the government considers necessary for the country’s security. The directorate was specifically interested in preventing terrorism and monitoring groups that were viewed as a threat to national security. In more recent years, there had been a specific concern for urban violence and ethnic organizations that had either been associated with such violence or were victims of such unrest.

The Territorial Surveillance Directorate was a specialized unit devoted to state security and counter-espionage activities. It was involved with the safety of people who were at risk from international terrorist attacks. It was also concerned with the protection of industrial, scientific, and technical information, and the prevention of the misuse of nuclear, biological, and chemical materials. As such, officers from this directorate were spread throughout the country in units with the objective of protecting French technology.

The Directorate for the Control of the Borders is concerned in particular with immigration issues. This directorate includes the Air and Border Police, which handle security matters at airports and along France’s borders.

The Republican Security Company (CRS, for les Compagnies Républicaines de Sécurité) is another directorate that has been mandated specific law enforcement duties. The CRS is a highly disciplined militaristic unit. It is divided into 22 regions that correspond with France’s 22 administrative regions and is organized into 61 companies, with 250 officers assigned to each company. The CRS is often referred to as the riot police. Indeed, they have the general responsibility to quell public disorders, but their mandate is not limited to controlling the periodic outbursts of student protests, industrial strikes, and other forms of social unrest. For example, the CRS is responsible for handling natural disasters (such as floods, avalanches, and forest fires), and they conduct rescue missions for stranded skiers

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and mountain climbers. They patrol camp sites and beaches during the summer months and serve as lifeguards. Because the CRS has a special duty to assist in the reduction of juvenile delinquency, they have established special clubs at beaches where they offer instruction in swimming, sailing, skin diving, and water skiing. Their interest in juveniles is carried over during the rest of the year through their participation in clubs that provide constructive leisure-time activities.

One of the primary responsibilities of the CRS is to assist the local police in the suburbs with their patrol functions. The CRS is also empowered to patrol the highways on the outskirts of large cities. Because they are noted as traffic specialists, they investi- gate accidents and conduct road safety campaigns. In addition to providing the president of France with a motorcycle escort, they are responsible for policing major sporting events.

Finally, it should be mentioned that there is a separate unit that is responsible for the security of the president of France, members of the government, and others who merit this kind of protection. This unit is also responsible for the protection of visiting dignitaries.

It should also be noted that there is a separate organization, a Coordination Unit in the Fight Against Terrorism, which is accountable to the Director General of the National Police. It is tasked, as the name suggests, with coordinating efforts with a host of agencies in addressing terrorist threats. Among the French agencies associated with this effort are: the National Police, especially the General Directorate for Internal Security, alluded to earlier; the National Gendarmerie; the General Directorate for External Security; the General Directorate for National Defense; the Directorate General for Civil Aviation; and the General Directorate for Customs. Some of the international organizations that liaise are: the European Union, Europol, the United Nations, Interpol, and several European countries like Belgium, Germany, Italy, Spain, and the United Kingdom.

Representative Organizations

Trade unions play a significant role in French society. Members of the National Police are represented by a number of unions. Presently, the number stands at about 30. Membership is based not only on the rank of the officer but is also influenced by the union’s affiliation to a particular political party. Unions are capable of influencing policy on policing; they have the right to be consulted about policy changes. Union representatives sit on various committees that deal with general policy formation. They also participate in committees designed to address specific police issues (e.g., disciplinary committees). Finally, it has been suggested that unions have supported and been significant advocates for modernizing the police service (Horton, 1995).

Organization and Administration of the National Gendarmerie

The National Gendarmerie constitutes the other principal police force of France. It has been assigned three distinct tasks. It serves as the military police for the French army, air force, and navy. It also provides law enforcement services for French overseas territories. For our purposes, however, the gendarmerie is responsible for policing towns and rural areas in

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France where the population is under 16,000. The National Gendarmerie has approximately 105,000 employees, of which 15,000 are young people completing their national service as gendarmes, and almost 2,000 are civilian staff.

The National Gendarmerie is administratively accountable to the Ministry of Defense, because its members belong to a military police force (see Figure 2.3). Since 2002, however, the Gendarmerie has been under the operational control of the Ministry of the Interior when it is carrying out its duties in France. The purpose of this change was designed to improve the cost-effectiveness of both the Gendarmerie and the National Police and to enhance the delivery of service.

Ministry of Defense

The Ministry of Defense is one of the more important ministries of the Council of Ministers. The minister of defense is responsible for the administration and coordination of the various branches of France’s armed forces. This minister is also the cabinet officer who is ultimately responsible for the Gendarmerie. Assisting in the minister’s duties are the director of the Gendarmerie and the Inspector General of the Gendarmerie. The director is trained in the law and is concerned with the central administration of the force. The Inspector General’s Office is headed by an army general. Like the Inspector General of the National Police, the Inspector General is responsible for conducting general inspections and examining ways to improve the effectiveness of the Gendarmerie.

Gendarmerie Functions

The Gendarmerie is considered a more highly disciplined force than the National Police because of its members’ military backgrounds. Members have a tendency to view them - selves as part of an elite law enforcement corps. The Gendarmerie is divided into 22 regional commands that correspond with the 22 administrative regions of France. It is divided essentially into three principal kinds of operational units.

Ministry of Defense

Inspector-General of the Gendarmerie

Director of the Gendarmerie

Republican Guards

Regional Commands

Mobile GendarmerieDepartmental Gendarmerie

Intervention and Security Battalion

FIGURE 2.3 | Organization of the National Gendarmerie

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The Departmental Gendarmerie is responsible for providing law enforcement services to small towns. Members are dispersed throughout the countryside in small brigades. Each Departmental Gendarmerie would have a judicial police unit as well as a uniformed unit for basic patrol. Depending on its location, the department could also have some specialized units, such as a motorcycle unit, a river unit, or a mountain unit.

The Mobile Gendarmerie is a regional unit that is mandated to provide the same kinds of services for areas that are offered by the Republican Security Company of the National Police. The Mobile Gendarmerie works with the Departmental Gendarmerie in assuring public security. It has a special responsibility to assist with rescue operations during natural disasters and in the control of large groups of people. Because it is a reserve force, the government can use it at home, in overseas territories, or abroad.

The Republican Guard, situated in Paris, is composed of three regiments: two infantry and one cavalry. They serve as honor guards, participate in colorful state parades, and assist in guarding government officials. Thus, they aid the National Police in protecting the capital.

In addition to these principal operational units, the Gendarmerie has established the Intervention and Security Battalion, which is an elite group of gendarmes drawn from three specialized units. The intervention unit assists with such incidents as terrorist attacks, prison riots, and hostage situations. The airborne intervention squadron is trained to deal with terrorism and other select crimes. Finally, the security unit of the President of the Republic is charged with maintaining the personal safety of the president.

Municipal Police

In a previous section of this chapter, it was pointed out that former President Mitterrand wanted to bring government closer to the people by way of decentralization and self- management at the local level. One of the more controversial aspects of this policy was permitting cities to establish municipal police forces that would be under the control of the mayor. Such forces existed to a limited degree before World War II, but their number and influence was reduced considerably by the two nationally centralized forces. To date, not all cities have established such a force, relying instead on either the National Police or the National Gendarmerie. Nevertheless, there are approximately 20,000 municipal police that are primarily operating in cities of more than 100,000 people.

Although municipal police are subject to national laws, the mayor is responsible for defining their specific mission. Initially, the principal responsibilities focused on uniform patrol and parking and traffic control. With the increased fear of crime in general and property offenses in particular, some municipalities refined their responsibilities in the areas of crime prevention and law enforcement. Specifically, some municipal police now provide security at schools and recreational events; they regulate street vendors and markets and adult drinking establishments; and they are involved with urban planning and various environmental concerns (Donnelly, 2013; Horton, 1995; Journes, 1993; Kania, 1989; Levy and Ocqueteau, 1987).

In a poll of mayors conducted in 2000, 64 percent considered security a matter for the state, while 31 percent thought it a municipal responsibility (de Maillard and Roche, 2004). From its inception, municipal police were viewed as local agents tasked to deter crime and

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to seek the support of their community in those efforts. As such, they have actively embraced the use of CCTV as a tool to reduce street crime. It was noted in 2005 that almost 54 percent of the municipal police agencies were carrying various weapons, such as guns, batons, and teargas. It is the mayor of a community who determines if the municipal police should be armed (Donnelly, 2013). It is important to note, however, that in the event the municipal police arrest a suspect, that person must be turned over to the National Police or the National Gendarmerie, because municipal police do not have the authority to conduct a criminal investigation.

In light of the current political climate on security matters, it does not appear that the central government will be surrendering any police powers to municipalities in the near future. Because the role of the municipal police has not been clearly defined at the national level, it has been recognized that steps are needed to control the use of municipal police. Efforts are underway to define their mission more clearly.

Legal Status

Because the police of France are considered civil servants, they are subject to the same civil service regulations as their counterparts in other units of government. Given the nature of their responsibilities, however, they are placed in situations that other civil servants would not generally confront. The kind of authority that the police exercise has led the public to refer to the police as “magistrates on their feet.” This term acknowledges the close working relationship that exists between detectives and the examining magistrates who coordinate criminal investigations. In such investigative situations, the police are accorded special powers in the performance of their duties. As a result, many people find it difficult to make a distinction between an investigating officer and an examining magistrate. Both are viewed as agents of the state who are empowered with the same basic function.

Both the French Code of Criminal Procedure and the French Penal Code discuss the legal status of the police, along with other government agents. One should also keep in mind that the French parliament can pass legislation to amend the codified law. For example, the Security and Liberty Law of 1981 amended both the procedural and penal codes. More recently, the report of the Criminal Justice and Human Rights Commission (1993), chaired by professor Mireille Delmas-Marty, and the report by the Justice Com - mission (1997), chaired by Pierre Truche, president of the Court of Cassation, led to some significant reforms. In addition, the constitution allows the Council of Ministers to issue decrees and ordinances that have the force of law. Thus, the state is in a position to enhance the police authority with the powers that the government perceives to be vital to the performance of their duties. The police, in turn, view themselves as the principal defenders of the constitutional liberties of the state. Their devotion to this single purpose has provoked a number of comments regarding the relationship the police have with the public.

The Police and the Public

Since the 1960s, the French police have been confronted with a rising crime rate. As is the case in other industrialized countries, the most notable concern involves serious levels of

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juvenile delinquency. Like other European countries, this problem has focused in part on second- and third-generation immigrants and guest workers. Since the 1970s, particular attention has been directed at the banlieues, or deprived areas, which consist of large housing projects, often located on the outskirts of a city and home to many immigrant groups. These areas suffer from a lack of economic opportunity and a weak educational system. Periodically, rioting erupts in these areas throughout a number of cities in the country. Over the course of the past decade, the police also have had to deal with an enhanced fear of crime among the citizenry, especially as it relates to property offenses.

Increased levels of crime, as well as fear of it, often result in the placement of law and order on the political agenda. France is no exception. While the political right was in power under the leadership of Valéry Giscard d’Estaing, the strategy was to increase the number of police and to pass stricter law enforcement legislation, such as the Security and Liberty Law of 1981.

When the political left came to power in 1981 under François Mitterrand, the initial strategy called for a reform of the National Police. Essentially two objectives were being proposed. First, the police should focus their attention more on economic crimes and deemphasize their concern for public order maintenance and the collection of political intelligence in the name of national security. Second, greater controls should be placed on the police. Specific suggestions included establishing a code of professional ethics, reforming the Inspector General’s office, regulating certain police practices, and rein- forcing the judicial authorities’ responsibility to control police tactics (Levy and Ocqueteau, 1987).

The government, however, abandoned this scheme by 1985. Crime and the public’s fear of it had remained. There was also renewed terrorist activity in the country that precluded the police from reducing their collection of political intelligence. A strategy was adopted to make the police more efficient through modernization. This included increasing the initial training of officers, establishing in-service training, providing police with state- of-the-art equipment, shifting officers from clerical tasks to actual police work, and increasing the police budget by 50 percent over the following five years (“Le Plan de Modernisation,” 1985).

During the 1990s, crime was increasing, in particular, violent crime in immigrant neighborhoods. While police had focused most of their attention on maintaining order, intelligence, and criminal investigations, there was little in the way of prioritizing community policing. As mentioned in the previous chapter, law enforcement in England has long embraced the importance of its police participating in and advocating an active partnership with community policing. This has not been the case in France. Most of France’s national politicians, along with the leadership in the National Police and the National Gendarmerie, have long focused on dirigisme, that is, the state has the principal role in the planning, control, and execution of public safety. Community policing has not been part of this agenda (Donnelly, 2013).

With crime escalating and juvenile delinquency rampant in the public’s view, some areas of the country began to establish collaborative ventures between police and the civil sector. The civil sector turned to local town politicians and educators, community groups, social services, housing authorities, and public transportation. These efforts were referred to as

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proximity policing. The emphasis was placed on visible police patrols, developing relationships with the citizenry, and a greater concern for the victims of crime.

Proximity policing helped to enhance the role of municipal police and led to the emergence of police auxiliaries. Police auxiliaries are young people in uniform who provide a good deal of public contact, but they do not have the legal authority to arrest people or to conduct investigations. The creation of the police auxiliaries was also viewed as a method to recruit minorities to a career in law enforcement (Body-Gendrot, 2012; Donnelly, 2013).

While proximity policing exists, especially at the municipal level, the concept was never totally embraced by the two national police agencies. It is difficult to change attitudes in many large organizations, especially those in the public sector that have a long history and a tradition of how to implement their mission. When change is attempted, the rank and file often display a good deal of skepticism and a reluctance to embrace new strategies. If change is implemented, the organization needs mid-level managers who have accepted the purpose and value of change and can communicate effectively the benefits to the troops. Without the support of that group, the transformation will be difficult at best and possibly unsuccessful.

During the 2002 presidential election, the public’s concern over crime and delinquency of immigrant youths in particular was a significant issue. To illustrate, the total number of people under investigation by the police rose from 717,116 in 1974 to 906,969 in 2002. This was an increase of 26 percent. When one considers the number of young people (under 18 years of age) who were under investigation during the same time period, the figures increased from 75,846 to 180,382. This was a 137 percent increase that was especially noticeable since the 1990s (de Maillard and Roche, 2004).

Recently, research for the city of Paris has illustrated that 89 percent of the citizens view the issue of crime control as the responsibility of the state. Specifically, this includes public safety and maintaining order, especially as it relates to security and juvenile delinquency issues. Other concerns were the level of sex crimes, organized crime, and drug enforcement. The citizens believe that the National Police should be responsible for these issues (Body-Gendrot, 2012).

The police have had two additional problems that have, in light of the country’s history, aggravated and frustrated their attempts at maintaining order. In May 1968, there were general strikes that were sparked in part by student unrest in the universities. With France’s delicate political structure in a perpetual state of doubt, there was a real concern in some circles that the country might be faced with yet another change in its system of government. Strikes remain a common occurrence in France and are often brought about by organized labor groups and student protests.

The other problem, already alluded to, is the substantial number of terrorist acts in the country. Though in some cases these acts are not specifically directed at the French or their diplomatic position, terrorism nevertheless has been a problem with which the police are expected to contend. Islamic terrorism is a particular concern of the French government. France is now home to approximately 6 million Muslims, primarily Arabic speakers from North Africa, (out of a total population of over 62 million), of which about half hold French citizenship (see Gurfinkiel, 1997). A good deal of the rioting in the aforementioned banlieues had involved Muslim youths. As a result, there has been a heightened effort by

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the police to improve its intelligence-gathering techniques and to focus more surveillance efforts on Muslim communities in general. It is interesting to note that while civil libertarian groups have voiced concerns over these tactics, the Muslim communities have not been among the vocal critics. It has been suggested that they are more focused on issues of cultural integration and economic opportunity (Laurence and Vaisse, 2006).

Cultural integration and economic opportunity are central features confronting in particular young immigrant Muslim males living in the banlieues. They have not integrated into the society, which many French citizens believe is the root cause of their problems. This kind of concern, of course, is not unique to France. It has been suggested that part of the reason for the lack of integration and the frequent urban unrest is the nature of the communities in which they are being raised. For example, they attend inferior schools, and many drop out without any qualifications. There is often a lack of economic investment in the neighborhoods. They have no advocates to articulate their grievances. Moreover, the government has often not consulted the local people about the social problems confronting their communities. Not surprising, some immigrants feel that they are prevented from competing—socially and politically and in such areas as employment and the economy— because of racism. As such, the young, in particular, feel disenfranchised (Body-Gendrot, 2012; Body-Gendrot, Hough, Kerezsi, Levy, and Snacken, 2014).

The level of crime, social unrest, and terrorist acts are bound to influence how law enforcement perceives the public and how the public develops its attitudes toward the police. Various indicators have been employed to gauge the opinions of both the police and the public. Three have been utilized here in the hope that this highly significant issue can be placed in perspective. What follows is an examination of police recruitment and training, efforts to establish crime-prevention programs, and the opinions of both police and the public regarding the police role in French society.

Recruitment and Training

The French acknowledge that a central feature of police professionalism is the quality of recruitment, training, and educational opportunities extended to members of the police service. The recruitment and training of the National Police and National Gendarmerie are handled separately by each force. The National Police has had little difficulty finding people who are interested in a police career, and they have received a large number of applications from people who have attained a high level of education. In any event, it has been suggested that most recruits—even those who have achieved a high level of education—would not command the salaries they receive if they selected a career outside the police service. Thus, the National Police have not had to conduct vigorous recruitment campaigns.

The National Police have a four-tiered entry scheme: two tiers are designed for uniformed personnel, while the other two are for plainclothes officers. A recruit can enter the force as a uniformed patrol officer. Each recruit must be a French citizen, possess a driver’s license, and meet the minimum height requirements (approximately 5’7”). The person must be of good character and in excellent physical condition. The French have a tendency to place a good deal of emphasis on the physical fitness of the candidate. Moreover, the age requirement is between 21 and 28 years of age. An exception is made

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for people recruited from the armed services who have not reached the age of 31. The minimum educational requirement is a certificate from elementary school. (Most people receive this at age 14.)

The entrance examination for the uniformed patrol officer includes a physical agility test and a scholastic aptitude test involving basic writing and mathematics skills. Those who are selected attend one of the eight regional training schools of the National Police. Basic training includes eight months at a school with a curriculum emphasizing both professional and physical education components. This is followed by four months of training in the field. If the candidate passes basic training, he or she is assigned to either a town or city police department, or to the Republican Security Company.

The other uniformed entry is that of lieutenant. The nationality, character, and physical fitness requirements are the same for this position as for that of the uniformed patrol officer, but the age limit is lowered to 19. The upper age level remains the same, and an exception again is made regarding those who have served in the armed forces. Vacancies in this rank are filled equally by two kinds of candidates. One-half are selected from the ranks of uniformed patrol. These candidates must have served a minimum of four years in that position to be eligible, and they must be under 35 years of age. The other half are selected from applicants who have obtained a French baccalaureate. (This is roughly equivalent to an associate’s degree in the United States.) All candidates must pass a competitive entrance examination.

The candidate’s period of training lasts 18 months. Nine months are spent in a formal education program at the National Police School for lieutenants at Nice. The subject matter includes professional courses (such as law and police organization) as well as traditional academic disciplines (such as sociology and psychology). If the candidate passes the examinations, the next phase of study includes a one-month stay with each of the uniformed branches of the National Police, the Republican Security Company, and the Police of Paris. Finally, six months of additional training is mandated.

The requirements to join the ranks of the plainclothes inspectors are essentially the same as those for lieutenant. The physical requirements are not as stringent, however. The manner of selecting the candidates is also the same as that for the lieutenants: one- half have spent at least four years in police service, while the remainder held a degree. The inspectors’ training program is conducted at special schools that are located at Toulouse, St. Malo, and Cannes-Ecluse. The program lasts about a year. The courses of instruc- tion include criminology, social psychology, criminalistics, and a number of law classes. Candidates for inspector also spend three months devoted to practical training in the field. Once they have completed their course of study, they will become members of the judicial police.

The final entry level is that of commissioners or chiefs of police. The general require - ments are the same as those for detectives. In the case of commissioners, 60 percent are selected from among the candidates who hold a university degree. (This is equivalent to a master’s degree or a law degree in the United States.) The other 40 percent are selected from candidates who have served in the National Police for at least four years. The entrance examination is highly competitive for candidacy and is composed of a written part that includes essays on the political ideas and the social and economic problems of twentieth-

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century Europe, criminal law and procedure, and administrative law. The oral examination includes a general interview, specific questions on law, and a test of the candidate’s proficiency in a foreign language.

The successful candidates spend one year in training at the National Police College at Saint-Cyr. Courses taken there focus on five areas: (1) social sciences, (2) general police studies, (3) administrative law, (4) physical training, and (5) technical training. The second year of training is spent with each of the major branches of the police service. Candidates who complete the program are then appointed to a branch of the service that they have selected. Undoubtedly, they will eventually administer their own police force.

Although the French admit that their scheme reduces the promotional opportunities for those in the lower grades, they believe that such career disappointments are outweighed by the benefits that accrue to the organization. From their perspective, the multilevel entrance scheme enables the police to tap the creative resources of the university graduate. In turn, this leads to innovative problem-solving for the organization. The police are not unique in this regard, for the French have a tendency to emphasize the importance of obtaining university credentials—especially from their elite universities—for all the upper echelons of the government bureaucracy. Moreover, the university degree has traditionally been viewed as a mark of class distinction.

As was indicated earlier, the National Gendarmerie has a training program of its own. A candidate must be a French citizen, be between the ages of 18 and 35, and pass the psychological aptitude tests. The gendarmerie recruits many of its officers from the armed forces, army reserves, and its own noncommissioned ranks. The noncommissioned officers are usually selected from the ranks of noncommissioned personnel within the military. The gendarmerie has a number of training centers located throughout France at which emphasis is placed on police techniques, military tactics, and physical agility. It has been suggested that the gendarmerie generally attracts a better-educated group of candidates. They also tend to be much more disciplined as a result of their military training. These qualities have led members of the gendarmerie to view themselves as an elite law enforcement corps.

It also should be pointed out that France has a compulsory national service for young men. Since 1971, men have been able to meet this requirement by serving between 12 and 16 months as auxiliary members of the gendarmerie. They are assigned regular duties, except they do not handle public order incidents. These auxiliary gendarmes represent approximately 13 percent of the total force. In 1986, this method of meeting national service was extended to the National Police.

Until 1979, women were restricted to the plainclothes officers’ unit of the National Police. Today, they are also members of the uniformed force. They represent approximately 6 percent of the total number of police serving in the National Police. Prior to 1983, women could only serve in clerical positions in the National Gendarmerie, but they are now recruited as police officers. They presently represent about 2 percent of the gendarmes. They have one restriction in their duties: they may not participate in handling public order incidents (Horton, 1995).

Finally, because of the heightened concern over crime among youths and the issue of Islamic terrorism, a greater effort has been initiated to recruit ethnic minorities to the police service. Unfortunately, they have not had much success with this endeavor. Another strategy

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has been the introduction of training in communication, conflict resolution, and cultural awareness for both new recruits and mid-level managers who are responsible for implementing any type of community policing program, especially those targeted to ethnic neighborhoods.

Crime Prevention

The French police traditionally have approached their responsibility for crime control through two methods. One was a reaction to events after the crime had occurred, and the other was a proactive or crime-prevention posture designed to control incidents before they happened. From the French perspective, both methods required the utilization of repressive measures to assure success. Although this observation has been expressed by people outside the police service, people within the police ranks also have admitted to the use of such measures.

In the past, the French police have recognized that repressive measures are not always the most effective method for containing and preventing crime. Throughout the 1970s, they embarked upon several new crime-prevention programs that correspond with tactics found in such countries as the United States, England, and Sweden. Among the crime-prevention measures introduced were operations that significantly increased the number of police and gendarmes assigned to high-crime areas. The plan involved saturating an area that included a number of public buildings, with the goal of reducing the number of burglaries and muggings in the area. Thefts of automobiles (and of property from them) had also increased significantly. Officers affix to parked cars printed notices explaining how the owner can safeguard the car and its contents. Similar notices are posted in areas frequented by tourists, such as hotel lobbies.

Two additional crime-prevention programs were introduced in 1975. One was called “Tranquility-Vacations.” Throughout the summer, but especially in August, a large number of people take vacations. Their deserted apartments have been prime targets for burglaries. “Tranquility-Vacations” intensified the surveillance of these buildings with a good deal of success, not only in preventing crime but also in apprehending criminals. In that same year, the police launched a campaign to protect the elderly. This involved crime-prevention seminars designed to educate the elderly to the unique dangers with which they are confronted.

A brochure was produced the following year that provided information about and techniques for protecting one’s residence. The police have been assisted in this kind of endeavor by insurance companies and security firms. Moreover, the police also have been active in providing the business community with programs designed to protect their merchandise. Finally, like many police departments throughout the industrialized world, the French have returned to the establishment of the beat patrol system. Today, more officers are patrolling a specific beat either on foot, bicycle, or motorcycle with the goal of re - establishing closer contacts in the community.

Despite these efforts, thefts of (and from) automobiles, ordinary theft, and burglaries remain the principal crime concerns of the police, while violent crimes remain fairly infrequent. Only recently has the general public become aware of the difficulty police face

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in solving many property crimes—especially without sufficient information. This in part explains the heightened fear of crime among the French. It also explains the increased interest in personal security measures, as evidenced by the purchase of burglar alarms and reinforced doors and windows. In addition, insurance companies are now requiring that businesses utilize the services and devices of security firms.

It should be noted that France was late in embracing the use of CCTV as a crime- prevention tool. More recently, there has been a significant increase in the use of cameras by French municipalities and the railway company. It has been suggested that this interest was prompted more as a strategy for addressing concerns associated with terrorism (see Wyvekens in Crawford, 2009). Newer research that focused exclusively on Paris found that 88 percent of the citizens supported the use of CCTV in the subways, on buses, and in public spaces (Body-Gendrot, 2012). Finally, there has also been a heightened sensitivity to security issues in the design or redesign of public spaces when urban renewal programs are planned.

By the 1980s, it was acknowledged that crime prevention was not and could not be solely the responsibility of the police. In fact, there tends to be agreement among the French that crime is the result of failed social policies coupled with an inability among many families to provide a moral foundation for their children. Crime prevention requires the cooperation of social service agencies that are generally found at the local level, the support of the private sector, and a degree of involvement by the citizenry. As a result, crime- prevention committees have been formed in virtually every department, with more than 700 committees established throughout the country (Journes, 1993).

The Interministerial Committee on Cities Policy works with the local committees on funding various crime-prevention projects. The prefect for the department serves as the link between the central and local government. The crime-prevention programs that have received funding include those for victim support, mediation and reparation of victims, work with offenders in the form of community service, initiatives on drugs, and developments with community policing. Community policing has tended to emphasize patrolling high-crime urban areas in pairs, either on foot or motorcycle. The police have established road safety and motorcycle training programs, distributed crime-prevention information about theft (in particular, car theft), and given presentations on crime prevention for the elderly. Specific crime-prevention measures also have been directed at the juvenile population. These will be discussed in the section devoted to juvenile justice.

It should also be pointed out that the issue of domestic abuse has received attention only in the last few decades. It was not until 1989 that the first major campaign raised a public awareness about domestic violence. The leadership for this came through various women’s groups and the government’s secretary of state for women. This led to the country’s first domestic violence legislation in 1994. This has also led to a greater awareness of the problem of child abuse. With particular reference to domestic violence, the police introduced several initiatives. They include making the police more aware of the problem through police training that includes the involvement of other agencies, increasing the number of female police officers, developing crime-prevention policies that focus on the concerns of victims in general and women in particular, and establishing new cooperative efforts to work with other public and voluntary services (Horton, 1995).

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Public and Police Perceptions of Law Enforcement

The most common view expressed about the relationship between the police and the people of France is that it is one of strained tolerance. It has been suggested that the reason for citizen dislike of the police is partly political in nature. The French police perceive themselves as the guardians of French liberty and the protectors of the Fifth Republic. At times, there have been large groups of citizens who have wished to retain their freedom, but in a communist or socialist form, and they have been quite vocal in their opposition to the Fifth Republic and the kind of political, social, and economic principles it represents. Such convictions are bound to lead to antagonistic incidents between those segments of the public and the police. Some officers admit sensing a dislike and distrust on the part of the public; nevertheless, they have a responsibility to protect the nation. Public image building is considered a secondary concern, and as was indicated earlier, this public attitude has not affected attempts to recruit candidates to the police service.

Indeed, the French police possess many of the powers that often are associated with a totalitarian regime. Although the powers may be available, the issue is whether they are utilized in a totalitarian manner to suppress individual freedoms. In his book, The Police of Paris, Philip John Stead concluded with the following statement:

[The bitterest enemies of the Paris police] must concede that the city’s frank, free enjoyment of the pleasures of the mind is still whole. Neither Lieutenants-General nor Prefects of Police, with whatever arbitrary powers they may have been invested, have stifled the spirit of liberty. The “police state” is still the land of Montaigne and Voltaire, of Moliere and Montesquieu, of Rabelais and Hugo. It is still the land of 1789, of 1830, of 1848, and 1870. It is the land of 1944. Those who have lived in real police states will hardly be disposed to regard France as one. (1957)

Although this comment was written more than 55 years ago, it appears to be applicable today. The present police system of France mirrors the country’s political culture. There is, on the one hand, a deep attachment to personal liberty. On the other hand, there is an abiding faith in authority. If it were possible to curtail the powers of the French police, one would think it would have happened with the victory of the socialist president, Mitterrand. Although he initially introduced plans to reform the police (including some of their tactics), such plans were quickly set aside in favor of making the police more efficient in their law enforcement and order maintenance tasks.

JUDICIARY It was pointed out in the chapter on England that King Henry II was largely responsible for developing the common law tradition by creating the necessary judicial machinery to administer it. Henry was able to accomplish this feat because he, along with the help of some of his predecessors, had undertaken the delicate process of consolidating royal political authority throughout the kingdom. As English monarchs claimed royal hegemony over the country, the common law and the royal administration of justice was firmly established during the medieval period.

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Administration

Government administration is carried out at three levels: national, county, and local. The national administration is conducted by governmental ministries and a large bureaucracy. The Japanese system is in line with European systems in that most of the power and control rests with the central administration. Following the war and during the American occupation, attempts were made to decentralize the national government’s authority. For example, control of the police and the educational systems were placed at the local level in an attempt to introduce home rule in Japan. The size of the country and its history of modeling procedures along the lines of European governments combined to lead to the abandonment of this scheme. Thus, the Japanese have returned to a system in which the national government dominates the political decision-making process.

In the realm of criminal justice administration, the police are ultimately responsible to the prime minister. The correctional system and some aspects of the legal profession are regulated by the Ministry of Justice. The justices of the Japanese Supreme Court are initially appointed by the prime minister; they, in turn, nominate judges to the lower courts. During the occupation, the Americans introduced the concept of judicial review on the con stitutionality of legislation. In comparison to American courts, however, the Japanese justices rarely wield this authority.

The other two forms of government are found at the county and local levels. Japan has long been divided into prefectures. These are similar in size to American and British counties, and they function along the lines of French departments. There are 47 prefectures in Japan, each having an elected assembly and a governor as the chief administrative officer. The local administration includes cities, towns, and villages. These units also have elected assemblies and mayors. Most of the work at prefectural and local levels involves the implementation of national policy. It has been suggested, however, that this trend may be shifting slightly, for the local units are beginning to address local and regional concerns about the environment and the quality of life (Reischauer, 1977). Nevertheless, national issues and priorities continue to take precedence over local concerns.

POLICE Historians of the Japanese police generally divide the evolution of that system into five distinct phases. In many respects, the history of the police (at least before the Meiji Restoration) mirrors the events that occurred in Europe. During the first phase, which encompassed the period from 700 to 1603, Japan had a dual police system composed of both public and private forces. The central government’s ministries of War, Justice, and Popular Affairs retained police and judicial responsibilities (Ames, 1981; Hall and Beardsley, 1965). It was the army, however, that initially served as a professional police force. With the advent of feudalism, the method of maintaining order was decentralized. The shogunate increasingly turned to the samurai to provide law enforcement during peacetime. These forces were assisted in their endeavors by mutual self-help groups composed of family households. Mandated by the Taiho Code, this system was strikingly similar in operation to that of the English tithing system.

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The second phase occurred between the years 1603 and 1868. This time, known as the Tokugawa period, was marked by efforts to centralize governmental authority and to assure a degree of political stability. While the self-help groups of the previous era continued to exist, this period is noted for developing a centralized law enforcement system similar to that which would emerge in eighteenth-century France. For example, a secret police force was created and given the responsibilities of identifying corruption in government and spying on those who opposed Tokugawa rule (Ames, 1981). In addition, magistrates were also established throughout the countryside and were given the tripartite authority to serve as chiefs of police for their regions and as prosecutors and judges in criminal cases. They were assisted in their police functions by mounted and foot patrols and by a detective unit.

The period between the Meiji Restoration (1868) and the close of World War II (1945) marked the third phase in the evolution of the Japanese police. Until 1868, the development of law enforcement techniques was largely indigenous to the country (although strikingly similar to those occurring in Europe). As the Japanese began to remove their self-imposed barriers of isolation, they borrowed organizational and administrative techniques from the West. The transformation was made easier by the fact that the evolution of Japan’s police system coincided with that which was taking place in Europe.

In 1872, Kawaji Toshiyoshi, a government official and noted police reformer, was sent abroad to study European police systems; the measures that he recommended for adoption in Japan were largely borrowed from the French and German systems. A Home Ministry was created to control the police system throughout the country. It was operational at the prefectural level of government. Although the police retained quasi-judicial functions, especially those involving minor criminal matters, judicial responsibilities were largely given to the new Ministry of Justice. The police were given the authority to regulate a wider range of social activities, along the lines of the French model. Duties not related to law enforcement included the issuance of licenses and the regulation of a significant number of public health issues.

Thus, the Meiji period introduced a highly centralized police force. During the first half of the twentieth century, this police force became more powerful and increasingly militaristic in approaching its law enforcement and order maintenance tasks. As a result, heavy-handed tactics were employed to govern the citizenry, tactics that today would not be tolerated because they would be in violation of a person’s constitutional rights.

The fourth phase (1945–1954) was highlighted by changes brought about by the American occupation following the war. This brief period was marked by two kinds of reforms that were both substantive and organizational in nature. With the adoption of the new constitution, the authority of the police was harnessed by the constitutional rights given to citizens. The other reform involved the adoption of an American style of decentralized autonomous police forces. The Home Ministry was abolished with this change, and approximately 1,600 independent forces were created to serve the various towns and cities of Japan. Public safety commissions were established to assure that citizens had greater control of their local police force.

The fifth and final phase in the evolution of the Japanese police commenced with the Diet’s approval of the Police Law in 1954. This legislation abandoned the decentralized scheme, which had proved both financially and functionally ineffective. That law is the basis

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for the current police system. To a large extent, it is a return to a highly centralized national police service.

Organization and Administration of the National Police Agency

Although the Japanese have established a national police force, there are a number of significant differences between the current system and the old centralized force that emerged following the Meiji Restoration. The police retain a degree of local autonomy because they are organized into individual units at the prefectural level. In terms of financial considerations and efficiency of operations, this scheme is much more cost-effective than the pre-1954 system, which had independent police forces. The Japanese have retained the public safety commissions that oversee the supervision of the various forces, but the actual control of the police rests with the National Police Agency, which coordinates the nationwide law enforcement system (see Figure 3.2).

National Public Safety Commission

In countries that have a national police force, usually either the minister of justice, interior, or home affairs is assigned the task of serving as the government’s advocate in the legislature on issues pertaining to law enforcement. Japan had such a system before the American occupation. The minister of home affairs was the civilian politician ultimately responsible for the police. However, the ministry of home affairs was abolished at the end of the war because of the manner in which it managed police activities. This left the police under the direct control of the prime minister. Because of the nature of the office, the prime minister appoints one of the cabinet ministers, without portfolio, to be the civilian politician directly accountable for the national police, although the minister is not singly charged with this authority. The Police Law mandates that the National Public Safety Commission, which is under the jurisdiction of the prime minister, be responsible for the administration of the police. This arrangement is designed to achieve a degree of political neutrality for the police.

The National Public Safety Commission is composed of six people. The chair, who is a nonvoting member unless there is a tie vote, is the cabinet minister designated by the prime minister to oversee law enforcement issues. The other members are appointed by the prime minister with the consent of both houses of the Diet. The appointment is a five-year renewable term. Excluded from serving on the commission are people who in the previous five years have served in either the police or prosecutor service. In another attempt to ensure a degree of political neutrality, only three members of the commission can belong to the same political party.

The commission has extensive responsibilities regarding the establishment of basic policy throughout the police system. According to the Police Law, these include matters involv ing the budget, planning and research, police operations, national emergencies, traffic control, training, communications, criminal identification files, criminal statistics, equipment, personnel, administration, inspection, and the Imperial Guard. The actual imple mentation of these duties is the responsibility of the National Police Agency. It coord - inates this work with the various public safety commissions in the prefectures.

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It has been suggested that the authority of the various public safety commissions is negligible (Ames, 1981; Hill, 2003; Yokoyama, 2001). They appear to suffer from many of the same problems that had been attributed to local police authorities in England; that is, commission members tend to display a good deal of deference to the authority and opinions of police administrators. As a result, the members do not provide a significant substantive check on the power of the police. Thus, the responsibility for the police actually rests with the National Police Agency.

National Police Agency

The National Police Agency is responsible for the control and coordination of the prefectural police forces. The agency is under the direction of the commissioner general, who is appointed (and can be dismissed) by the National Public Safety Commission with the prime minister’s approval. In addition to a secretariat, the National Police Agency is divided into the following bureaus: administration, criminal investigation, traffic, security, communi - cations, and safety. The agency is also responsible for the National Research Institute of Police Science, the National Police Academy, and the Imperial Guard. Given the extensive supervisory role of the agency, it is actually more involved than the National Public Safety Commission in the active administration of the police throughout Japan. There are approximately 1,600 police officers and 5,000 civilian personnel assigned to the National Police Agency. In addition, the Imperial Guard consists of a force of about 900.

To illustrate how the National Police Agency both controls and coordinates police work at the prefectural level, one need only consider the role played by the National Research Institute of Police Science. The Institute has essentially three goals. The first is to conduct research on crime and to develop better techniques either to prevent crime or to assist police in their investigation of crime. The second is to promote the use of the scientific method in criminal investigations and their own analysis of criminal evidence. The third goal is to assist in training people at the prefectural level in forensic science techniques. The Institute

Prime Minister

National Public Safety Commission

National Police Agency

Regional Police Bureaus

Metropolitan and Prefectural Public Safety Commissions

Metropolitan and Prefectural Police Organizations

FIGURE 3.2 | Organization of the National Police Agency

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has a broad range of disciplines represented among its staff members that include anthropology, biology, chemistry, engineering, medicine, pharmacology, physics, psychol - ogy, and sociology. The staff work in one of the departments that are part of the Institute. These include forensic science, crime and delinquency, traffic control and safety, identification, and training.

The National Police Academy is designed to educate and train senior police officers as they assume leadership positions either at the national level or in a prefectural police force. The Academy also provides advanced training in specialized areas of police work. These areas include community policing, criminal investigation, traffic enforcement, security policing, physical training, and instructor training. Also at the Academy are a series of institutes and centers that include the Highest Training Institute for Investigation Leaders, the International Research and Training Institute for Criminal Investigation, the Police Policy Research Center, the Police Info-Communications Research Center, the Police Info- Communications Academy, and the Research and Training Center for Financial Crime Investigation.

Brief mention should be made of the Imperial Guard. The Guard provides escorts for the emperor, empress, and members of the imperial family. It is also responsible for the security of the Imperial Palace and any other imperial facility.

With the increase in high-tech crime involving computers and telecommunications systems, the Japanese government, like other industrialized nations, has directed its attention to this international problem. One part of the strategy is to pass new legislation such as the Unauthorized Computer Access Law (1999). Another is to improve the enforcement side of the effort. The National Police Agency has developed a National Center that addresses problems associated with high-tech crime and new threats of cyberterrorism. The objectives of the Center are to provide technical assistance to prefectural police, to assist and support international investigations of high-tech crimes, to investigate cases of high-tech crimes or offer analysis of evidence related to such crimes, and to establish a collaborative relationship with various companies associated with the telecommunications industry.

To assist the National Police Agency in its work with the prefectural police forces, seven regional police bureaus have been established. With the exception of the metropolitan area of Tokyo and the Hokkaido prefecture, which are accorded a special status, these bureaus coordinate police activities in their respective regions. Each bureau is specifically respon - sible for conducting a regional training school and supervising the region’s communications center.

Prefectural Police

Each of the nation’s prefectures has its own autonomous police force that performs law enforcement and order maintenance responsibilities. The 47 prefectural police forces employ approximately 257,100 officers, of which 18,700 are women; and 28,300 civilians, of which 12,100 are women. While each of the prefectures determines its own policies and procedures, because the National Police Agency does not possess the legal standing to authorize a national uniform system of rules, the agency can suggest or guide the prefectures in the establishment of local policies and procedures. Encroachment on the

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autonomy of the prefectural forces also occurs in other ways. For example, part of the expense for maintaining each force is defrayed by the national treasury. All senior police officers above the rank of senior superintendent are considered officers of the national govern ment and employed by the National Police Agency. These officers are sent by the agency to administer the prefectural forces. Their appointment is made through the National Public Safety Commission with the approval of the local public safety commission. Finally, the costs of maintaining the training facilities, communications network, criminal identifi - cation files, crime statistics, equipment, special escorts, and special nationwide investi - gations are the responsibility of the national government.

Each prefecture has an elected governor. A public safety commission for the prefecture is appointed by and accountable to the governor. The commission oversees the adminis - tration of the police. In prefectures containing large metropolitan areas, the commission consists of five members; three-member commissions are found in areas that are not as densely populated. The duties of the prefectural commissions are similar to those of the National Public Safety Commission.

The Metropolitan Police Force of Tokyo is headed by a superintendent general, while the prefectural forces are administered by directors. Appointment to these positions comes from the National Public Safety Commission with the approval of the local Public Safety Commission. In the case of the superintendent general for the Metropolitan Police Force of Tokyo, the appointment also must have the consent of the prime minister. The Metro - politan Police Department consists of more than 43,000 officers (approximately 3,000 of these are women) and more than 2,500 civilian employees.

It should be noted that Japan has had to confront terrorist activities within its borders as well as acts against Japanese citizens abroad for more than 30 years. As such, the Metropolitan Police and some of the prefectural forces have established special assault teams that deal with hijackings, hostage incidents, and other emergency cases. In light of the activities of the Aum Shinrikyo (Supreme Truth) cult, namely the placing of nerve gas in a Tokyo subway in 1995, the work of these special assault teams has been enhanced to include the prevention and investigation of terrorist acts that utilize or threaten to employ biological, chemical, and nuclear substances. The Metropolitan Police have also created a Mobile Rescue Unit and a Water Rescue Unit to assist with operations at disaster areas and accident scenes.

There are several police stations within each prefecture that serve as the principal operational units of the police. Each station is further subdivided into police boxes. A police box is more popularly referred to as a koban. In the late nineteenth century in Tokyo, kobanshos were established at major intersections and other significant locations. A kobansho was a specific place where a police officer stood watch. Over time a box was built at some of the kobansho locations to protect the officers from the weather. Today, there are approximately 6,200 kobans situated in the urban areas of the country, and about 20 percent of the Japanese police are assigned to them. In rural areas, a chuzaisho (a residential police substation) may be operated by a single officer. There are more than 6,600 chuzaishos. Because the officer is on duty 24 hours a day, living accommodations for the officer’s family are included in the chuzaisho.

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The size and location of the koban will determine how many officers are assigned to it. All newly recruited officers will spend time at a koban following their initial training. A number of officers who have additional training in community policing are also deployed at kobans, so that the officers represent a diversified age group. The duties of officers assigned to a koban include standing watch either outside or inside the koban, patrolling their neighborhood, and visiting homes or businesses often about a crime-prevention matter. When the police emergency call number is used, the command center dispatches officers from the koban to the scene.

Depending on the size of the area the koban is serving, officers may patrol on foot, bicycle, motorcycle, or small patrol cars. One of the principal purposes of a koban in densely populated urban areas was to provide aid or assistance to people. As such, kobans have a reception area to assist local residents or strangers. The types of issues that they address include taking a crime report, mediating a dispute, counseling a person, receiving lost property, and providing directions for people.

In recent years it has been difficult to guarantee that a koban would always have at least one officer on the premises at all times. As a result, retired officers were recruited to volunteer as police box counselors. Presently, there are more than 6,200 counselors assigned to kobans throughout the country. They perform non-law enforcement duties, such as consulting citizens, receiving lost property, and giving directions. At the chuzaishos, an officer lives with his family on the premises. When the officer is out on patrol, his wife often assists local people. Although not an employee of the police, the wife receives a monthly allowance from the prefectural police in recognition of her contribution. Finally, there are approximately 13,000 liaison councils that present community concerns about security and crime prevention to the local koban or chuzaisho.

Duties and Legal Status

Article 2 of the Police Law explains the general duties and legal position of the Japanese police. It states that the “[r]esponsibilities and duties of the police are to protect the life, body and property of an individual, and to take charge of preventing, suppressing and investigating of crimes, as well as apprehension of suspects, traffic control and other affairs concerning the maintenance of public safety and order.” It was pointed out earlier that the Showa Constitution contains many of the individual guarantees found in the Constitution of the United States. In the Penal Code, Chapter 25 (crimes of official corruption) and Chapter 31 (crimes of arrest and confinement) illustrate the extent to which the police are subject to the criminal law. If the police are accused of a crime, the public procurator’s office conducts the investigation and prosecutes the case, if deemed necessary.

The Japanese police are involved in the host of law enforcement activities necessary for a society that is both urbanized and industrialized. The police are concerned with preventive patrol, traffic enforcement, criminal investigation, juvenile delinquency, and organized crime. They carry firearms, but their policy on the use of weapons is similar to that found in Sweden. With the exception of traffic officers, the weapon is carried only while the officer is on duty. Weapons are stored at the police station at all other times. The frequency of incidents in which firearms are utilized in the line of duty are indeed small

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compared to the extent to which they are used in the United States. Although the police are authorized to use deadly force if necessary, there is a strong tendency to utilize nonlethal methods when a suspect must be subdued. The reluctance to use such force is essentially a product of the police organizational culture, as they remain conscious of the negative image they generated during the pre-war years. Moreover, the country’s strict gun law prohibits citizens from owning most types of guns. Nevertheless, the police are confronted with the problem of the smuggling of handguns into the country. The most common methods include smuggling through imported cars, fishing boats, sea and air cargo, and hand luggage.

Brief mention should be made of the security police, who are responsible for counter - intelligence and the surveillance of political extremists. A select group of these officers provide security for domestic and foreign dignitaries. The security police are also responsible for crowd control at holiday events and festivals. Within the security police is a unit called the Kidotai, or riot police. The Kidotai are organized into units within the prefectures throughout Japan. Members of the Kidotai are selected from the ranks of the regular police. The criteria for selection include physical strength, command of the martial arts, and ability to cope in stressful situations. The recruits are in their twenties and live a military-style existence while serving in the Kidotai. They generally serve a three-year term with the unit before returning to the regular force. A term served with the Kidotai often enhances the officer’s chances of promotion within the police service.

People in the West often associate riots with racial or ethnic minority groups. Although there are some ethnic minorities in Japan, their numbers are insignificant. In a country that is as homogenous as Japan, the groups that cause confrontations with the Kidotai are ideological in nature. The Japanese police perceive minorities as being those people on either the extreme right or left of the political spectrum. An especially fascinating item to the Western observer is the fact that the Kidotai do not arm themselves with guns when called upon to quell a riot. Once again, Japan’s strict gun law is the reason for this policy. The Kidotai do not see the need for such weaponry in this kind of confrontation. They are provided, however, with a good deal of up-to-date technical equipment to assist them.

The Police and the Public

Throughout the 1960s, 1970s, and 1980s, Japan had been the only country in the indus - trialized world that did not register a significant increase in the number of nontraffic offenses reported to the police. In some years, it reported either a decrease or no change. Starting in 1991, however, there was an increase in reported crime. Of particular concern were offenses referred to as felonious crimes, including homicide, robbery, arson, and rape. Increases also had been noted in two other categories: violent crimes and larceny crimes. Violent crimes included unlawful assembly with dangerous weapons, assault, bodily injury, intimidation, and extortion; larceny crimes consist of burglary, vehicle thefts, and larceny.

Part of the increase in crime was attributed to the justice system’s efforts to address problems associated with organized crime. For many years, the authorities viewed organized crime, referred to as boryokudan, as operating solely outside the mainstream of society. Following the devastation of World War II, the government was not in a position to direct

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limited resources at this issue. As Japan’s economy developed, so did the boryokudan. It is alleged in some respects that the boryokudan aided the police in their efforts to maintain order by keeping foreign organized crime elements out of the country. In addition, some developed a cooperative relationship with the police by exchanging information and identifying suspects in ongoing criminal investigations (Hill, 2003; Huang and Vaughn, 1992; Katzenstein, 1996).

By 1990, it was acknowledged that boryokudan were responsible for a significant number of crimes committed with weapons, particularly guns. It was also recognized that some of these gangs were moving into legitimate businesses. The Law Concerning Prevention of Unjust Acts by Boryokudan went into effect in 1992 and was amended in 1993. This legislation not only enabled the police to crack down on the traditional illegal activities of gang members but also made it possible for the tax authorities to investigate the gangs for unlawful income (Sinnosuke, 1992). In light of the problems raised by boryokudan, critics argued that this legislation was not as aggressive as it could be when compared to organized crime legislation in England or the United States (Hill, 2003).

The police also pointed out that there had been a significant increase in the number of foreign visitors, which more than doubled between 1982 and 1992. The police expressed concern over the number of drug-related arrests of these visitors. They also indicated an increase in the number of crimes committed by foreign nationals from Asian countries who were working in Japan. Moreover, there was a recognition that international crime organizations had contributed to this increase in crime (National Police Agency, 1995). More recently, there has been a steady decline in the number of foreigners arrested from the peak years of 2004 and 2005, that is, 21,842 and 21,178, respectively. In 2011, only 12,582 persons were arrested. The highest proportion of these came from: China (which includes Hong Kong and Taiwan), North and South Korea, the Philippines, Vietnam, and Brazil. The most common offenses were theft, assault, unlawful assembly with weapons, and counter feiting. The police are making a concerted effort to train officers about international crime organizations and networking with foreign law enforcement agencies (National Police Agency, 2010).

When compared to other industrialized countries, Japan continues to enjoy a fairly low crime rate. In 2010, the United States reported 10,329,135 major cases; England and Wales had 4,150,097; and France had 3,447,903. Japan reported 1,586,189. For the year 2011, a total of 2,139,725 penal code offenses were reported in Japan. The most common offense recorded was theft at 1,133,127. This represented a decline of 80,315 offenses from the previous year. In 2011, there were 1,051 homicides, 3,673 robberies, 25,832 bodily injuries, 29,237 assaults, 1,185 rapes, and 6,870 indecent assaults (White Paper on Crime, 2012).

Western scholars who have studied the Japanese police have described an organization that utilizes a good deal of discretion and maintains a highly cooperative posture with the citizenry (Ames, 1981; Bayley, 1976a; Fenwick, 1983b; Fenwick, 1985). In turn, the police had elicited from the people a sense of trust and public support. Opposition to the police by way of open hostility was generally limited to extreme political groups.

According to David Bayley and Charles Fenwick, this positive relationship between the police and the public was partially attributable to the traditional submissiveness that

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the Japanese showed to authority figures. Bayley and Fenwick further suggested that neither the police nor the public perceived the police as mere agents of the law; instead, they viewed the police as moral authority figures. Despite this significant position, the police usually avoided asserting their authority in a formal manner. They preferred to maintain a more informal presence if possible.

American scholars have suggested that both the position of authority and the style of policing is reflected in an almost total lack of concern for several issues that have been perpetual points of tension in other countries. For example, it was believed that the job of the police officer was not as stressful in Japan as in other countries. Because they already had the public’s support, the police were not forced to justify their position to a hostile citizenry. Although stress can be attributed to other factors, at least the Japanese police did not have to cope with that particular stressor.

Police corruption was rare in Japan. According to Bayley (1976a), when it did occur, an individual rather than a group was accused of criminality. This was attributed both to the position that the police held in society and to their team approach to policing. As has been indicated, in Japan, the team approach to any enterprise is valued more than an individual’s contribution. Allegiance to the group and its goals are taken very seriously. With that team mentality present in law enforcement, the opportunities for group corruption were reduced significantly.

Police brutality was also almost nonexistent in Japan, and there was no movement to impose a civilian review mechanism on the police, as was the case in a number of other countries. Civilian supervision of the police was already available both formally and informally, and it was considered adequate. The human rights bureau of the Ministry of Justice had the authority to review human rights violations, including police misconduct. Bayley discovered that few complaints against the police were filed with the bureau, and those that were had been declining in number. The prefectural legislators and the Public Safety Commission also acted as a check on the police. In addition, Bayley pointed out that defense attorneys and the news media actively scrutinized the tactics of the police. Each group supported the contention that brutality was not a problem. When it did occur, newspapers freely reported such cases, as they did other instances of professional misconduct.

Finally, in an effort to augment their own internal commitment to assuring integrity within the law enforcement community, the National Police Agency established a committee on the prevention of misconduct and the development of police integrity. As a result of that committee’s work, the agency issued a new code of ethics for police in 1986. The code reiterated the important qualities expected of police officers: honesty, courtesy, impartiality, respect for human rights, and a sense of professional pride and mission.

This favorable image of the Japanese police has been popularized by the writings of American scholars, endorsed by other components of the justice system, and supported by the attitudes of the general public. One should not be left with the impression, however, that the Japanese police have not been the subject of some criticism. In more recent years, a good deal of criticism has been directed at the police. It began with a small group of Japanese scholars and members of the Joint Committee of the Three Tokyo Bar Associations who had become highly critical of some law enforcement practices. The criticisms were

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not directed solely at the police; they included concerns about some procedures at the pretrial stage that the police were responsible for implementing and that appeared to be endorsed by procurators and judges (Futaba, nd; The Joint Committee of the Three Tokyo Bar Associations, 1989).

These critical issues centered on the investigative tactics of the police—tactics that helped to explain their high clearance rates (Miyazawa, 1992). For example, under the Code of Criminal Procedure, the police have fairly broad powers to arrest people without a warrant. Once arrested, the person is often detained for questioning for up to 23 days. People can be rearrested on other charges in order to continue the detention; these warrants are readily issued by the courts, which tend to defer to the judgment of the police investigators. The accused also has no right to legal counsel during questioning. Once indicted, access to counsel can be and often is restricted by the police; moreover, written communications between counsel and the accused can be censored. In addition, there is no system of court- appointed counsel until after the indictment is issued, and suspects who maintain their innocence are usually refused bail.

The process is further facilitated by the policy of using police holding cells as substitute prisons. Unlike the regular detention facilities maintained by the Ministry of Justice, the substitute prisons are administered by the police. Over the years, the police have encouraged the government to provide more funding for the construction of such facilities, and successive governments have supported this request. There are presently more than 1,000 substitute prisons throughout Japan.

The use of extended detention in these substitute prisons, coupled with the broad procedural powers accorded the police, has led detectives to focus almost exclusively on extracting confessions from the accused rather than building cases based on other kinds of evidence. Critics maintain that the circumstances of detention lead police to employ unjust treatment and sometimes illegal tactics during interrogation. In support of this contention, critics have identified instances in which people have elicited false confessions. They point out further that the United Nations Human Rights Committee recently expressed concern about possible violations of human rights in this context.

While critics of the status quo are concerned about the situation, they readily admit that all the blame cannot be leveled at law enforcement. Procurators tend to support police tactics, and judges take a passive attitude when it comes to pretrial procedures, often deferring to the procurator. This leaves defense counsel to scrutinize and criticize police tactics. However, as few lawyers specialize in criminal law, they lack strength in numbers. Finally, political parties either support the system or have not raised the issue in any political forum because the general public has not displayed much interest in the issue.

These criticisms do not necessarily mean that American scholars have projected an inaccurate image of Japanese police. What the critics are suggesting is that there has been a shift to some extent in the goals of law enforcement. Presently, the police organization appears to emphasize law enforcement rather than order maintenance and social service objectives. The critics allege that this change began to occur in the 1980s. Thus, some of the generalizations about Japanese police by American scholars may be dated as they pertain to certain contexts or particular areas of the country. This is especially the case when applied to prefectures that have a higher incidence of criminal activity.

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Finally, it was already public knowledge that some conservative politicians, especially those associated with the Liberal Democratic Party, were linked to prominent leaders within the Japanese organized crime community. In the 1990s, there emerged a series of revelations about police corruption and abuse, of which some were associated with organized crime (Hill, 2003; Katzenstein, 1996; Yokoyama, 2004b). This was a period when the Japanese people were becoming highly critical of their government and financial institutions as the country remained in an extended period of recession. Revelations about several cases of police corruption coupled with cases of theft, sexual offenses, bribery, violence while drunk, and driving while under the influence added to the negative image of the police.

In 1983, the public was asked to rate the major institutions in Japanese society. The police ranked higher than the government, business, and the press (Katzenstein, 1996). It is important to point out that the vast majority of police in Japan are honest professionals. This is illustrated by the fact that in 2000 only 546 officers received a disciplinary penalty out of roughly 267,000 officers (Yokoyama, 2004b). Unfortunately, the cases mentioned previously have led to a decline in the public’s trust of the police. One indicator noted by the National Police Agency was that people’s willingness to report crimes and suspects fell from 61.6 percent in 1969 to 49.9 percent in 2000 (White Paper on Police, 2000). In 2008, the National Police Agency reported that among 2,454 detectives, 79 percent were having a difficult time getting witnesses, suspects, and others to cooperate in criminal investigations (White Paper on Police, 2008). The police are making a concerted effort to recapture the very positive image that the public had of them throughout the 1960s, 1970s, and 1980s. Two areas of attention include recruitment and training and crime prevention.

Recruitment and Training

Japan’s recruitment scheme is similar to that found on the continent of Europe. A recruit can enter the service as either a police officer or an assistant inspector. Both are required to pass a national qualifying examination. The successful candidates then must complete a physical exam, an aptitude test, and a series of personal interviews. Those recruited to the rank of police officer must have completed high school; at present, approximately 65 percent are university graduates. Candidates for the rank of assistant inspector must have a college degree and must have passed an advanced civil service examination. As a whole, the police are better educated than the rest of the population.

During the evaluation process, the personal and family history of the recruit is scrutinized extensively in order to screen out candidates who fail to meet the predetermined profile of a successful officer. Among the issues considered in the background check that can lead to disqualification are a criminal history, a history of mental illness, identification with left-wing political groups, associating with extreme religious groups, and possessing a “tainted” background because of a prior association with a former outcast class in Japanese society (Ames, 1981). These apply to both the candidate and family members. Obviously, some of these factors would be considered a violation of a candidate’s civil rights if applied in the United States.

The candidates for police officer are recruited and trained at police schools in the prefectures. The program is regulated by the National Police Agency. High school graduates

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spend 10 months at the school, whereas college graduates complete the training in six months. Recruits study law, police procedures, sociology, psychology, history, literature, and the martial arts. Thus, the program contains a general educational component as well as technical training. After completing this initial training, the recruit spends three months at a police station for on-the-job training. The recruit then returns to the academy (a high school graduate for three months, a college graduate for two months) for additional training that focuses on legal topics and community policing. Finally, the recruit (a high school graduate for five months, a college graduate for four months) will participate in on-the- job training at a koban. A senior officer at the koban will train the recruit on the importance of community policing. Once a person becomes a police officer, there are opportunities for in-service training that facilitates promotional opportunities. Some young officers are even given the opportunity to participate in training programs in Europe and the United States.

People who have been recruited to the rank of assistant inspector spend six months in training at the National Police Academy, where the program is designed to groom future police executives. There is also an extensive system of special training to enhance officers’ skills in particular aspects of police work. In-service courses, which prepare officers for promotional examinations, are also offered. These are run by regional police schools. Bayley concluded from his study that the typical police officer is young, male, married, a high school graduate, of marginal middle-class background, and, in general, raised outside the larger metropolitan areas of Japan.

The minimum age for recruiting a male candidate is 19, whereas the age established for females is 20. Although female recruits are empowered with all the authority of a police officer, their responsibilities have been limited usually to such areas as traffic, juvenile, and communications functions. This attitude is beginning to change as female officers are being assigned a wider range of police duties, including that of criminal investigation.

In 1991, the National Police Agency embarked on a new policy designed to alter the rank structure of the police within six years. Prior to the implementation of this policy, 80 percent of the police were at the rank of police officer or police sergeant. The goal has been to increase the number of officers above the rank of police sergeant to 40 percent of the total force, with the specific objective of doubling the number at the assistant inspector rank. This policy has two objectives. First, there is recognition that the current crime problem requires that officers have a combination of breadth of experience and knowledge as well as depth of expertise and specialization. Second, there is a need to recognize and reward people based on merit. The goal, therefore, is not to create a larger desk bureaucracy within the police establishment; rather, the aim is to recognize excellence and reward it, while keeping the officers in the field so that they can continue to excel at what they do best (Leishman, 1993).

Crime Prevention

According to Walter L. Ames, the Japanese police have established two approaches to crime prevention. One is in the form of a public relations campaign that enhances the public’s image of the police. For example, information about crime-prevention techniques is

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published and distributed by the police. Special programs also have been developed to curb the illegal use of drugs and to reduce traffic accidents.

The other approach, creating a dialogue between the police and the public, is imple - mented through voluntary citizen support groups. The Japanese have had a long tradition of citizen participation in law enforcement. This is reflected by the neighborhood associ - ations in which every household is represented. Within the neighborhood associations, there are crime-prevention and traffic-safety associations. The crime-prevention associations assist the police in advising residents on household security techniques. The traffic-safety associations conduct campaigns to reduce traffic accidents. There are also hundreds of specialized associations that reflect crime-prevention needs and strategies of businesses. Banks, department stores, bars, and restaurants are examples of some businesses that have developed their own particular crime-prevention associations with the cooperation of the police.

Probably the most important feature of the Japanese crime-prevention program is the existence of police boxes, or kobans. Kobans, which are scattered throughout the urban areas, function along the lines of the mini-police stations that have become popular in some cities in the United States. Kobans serve two principal functions: (1) they offer information to those in need of assistance, and (2) they are the first line of defense in the system’s attempt to maintain law and order, because it is the officers assigned to the kobans who provide the basic street patrols. As Bayley (1976a) has pointed out, these are the officers who physically demonstrate the existence of police authority, resolve minor problems, and enhance the public’s trust in the law enforcement community.

The kobans reflect a neighborhood-centered policing function. By patrolling a specific area over an extended period of time, they become particularly conscious of the needs and concerns of their immediate community. Their knowledge and understanding of the area is enhanced further by a survey conducted by koban officers twice a year. While conducting the survey, it is common for the officers to advise the residents on various crime-prevention techniques. The officers collect a host of information about the neighborhood through the survey. The names, ages, and employment of each resident are recorded, and the ownership of cars and their license numbers are routinely taken down. Additionally, the police inquire about any suspicious behavior or illegal activities in the area. Although people are not required to answer these questions, most cooperate willingly. Any information gathered remains at the koban to assist the officers in their work; it is not passed on to a government agency.

Bayley pointed out that the survey serves another purpose. In the course of their duties, most police come in contact only with the criminal or deviant elements of society. In the process of the survey, however, the police are more frequently in contact with law-abiding citizens. In the long run, it is a healthy experience for the officer, and it also serves to reinforce the public’s positive image of the police.

Because of the increased concern of citizens about crime, the police have recently issued some new policy guidelines to address these concerns. They include a concerted effort to reduce street crimes by supplying more crime-prevention information to the public, by increasing the number of officers assigned to kobans, and by enhancing the officers’ street patrol activities. Kobans have also benefitted from the introduction of koban counselors,

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civilians who assist the officers with social service requests, which in turn enable the officers to handle law enforcement issues.

Because juveniles commit 70 percent of the street crime, particular attention is focused on them. Community policing efforts focus on counseling juveniles about issues often associated with them, such as drug abuse and other circumstances that could lead to them becoming a crime victim. Community police officers also volunteer their time to teach young people about various sports, such as judo and kendo. They assist in educating juveniles about cultural activities such as, for example, painting and calligraphy. Finally, officers are present at community events to supplement their agency efforts at crime- prevention education.

Efforts are also being initiated to improve the manner in which major crimes are investigated. A greater emphasis is being placed on the collection of forensic evidence rather than securing a confession from a suspect. Both Japanese gangs and foreign gangs are being targeted, and information is being shared among government agencies, such as the Immigration Bureau, and with other governments, such as the Ministry of Public Security of the People’s Republic of China (Police Policy Research Center, 2006).

In addition to these initiatives, police focus a good deal of attention on traffic-safety education for children and senior citizens, as well as motorcyclists, who have been a particular concern for some time now in Japan. The police also have a significant presence in most schools for purposes of providing crime-prevention and drug-education lessons and in offering guidance to juveniles. Finally, the police have targeted fraud and other business offenses, child abuse, and stalking in both the pre-cyber form and when these offenses are facilitated by the Internet.

As a result of the efforts at recruitment and training and the strategies directed at crime prevention, polls have indicated some improvement in the public’s confidence in the police. When compared to other public-sector organizations, the police have enhanced their stand - ing in the community. Although improvements in public safety are welcome, it has been suggested that the most critical factor in improving the public’s confidence is for further reform and change within the police organization (Kanayama, 2010).

JUDICIARY When compared to the traditions of Western countries, the histories of both the Japanese court system and legal profession are fairly brief. The reason for this is that until the Meiji Restoration, the Japanese had neither a court hierarchy nor a legal profession, at least not in the sense that those terms had been utilized for centuries in other countries. Prior to the Restoration, the Japanese followed the Chinese tradition of including judicial matters within the purview of government administrators. In fact, attempts were first made to conciliate disputes privately before turning the matter over to a court. When a case could not be resolved informally, it was usually handled by a local administrator of the shogunate, who also served as a magistrate. Serious matters were resolved at the headquarters of the shogunate. Because the parties in both civil and criminal cases were not permitted legal representation, there had been no need for a legal profession.

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actions, such as patronage, mismanagement, and abuse of power. The perceptions of South Africa are that there is a lot of corruption. Public servants most associated with corruption are the police, particularly traffic officers. The South African media have noted that politicians and government officials, especially at the local and provincial level, are using their positions for personal gain.

The ANC has been accused of not doing enough to police its own, that the quality of local and provincial officials is too low, and that there is an attitude of entitlement now that they are in power. The arms procurement scandal, which involved then deputy president Jacob Zuma, along with other allegations of corruption, have continued to follow Zuma after he assumed the presidency. Since assuming the presidency, a cloud of charges of corruption continues to follow Zuma. Such criticisms have led to claims of racism and that the critics want the ANC to fail. It has been reported that the government has attempted to introduce an anti-corruption strategy. Unfortunately, financial resources are not forthcoming to implement the strategy. Once again, the government is attempting to address a host of issues, many of which are the result of the apartheid regime, but with limited resources. In a 2003 United Nations survey of 1,000 businesses, 62 percent indicated that bribery was becoming a problem and that 7 percent stated that they had paid a bribe. Many businesses (64 percent) stated that fraud and corruption were hindering business.

In the most recent corruption perceptions index of 2013, by Transparency International, South Africa was ranked 72 out of 175 countries with a score of 42. (The highest scores of 90 to 100 indicate very clean versus the lowest scores of 00 to 09 indicating highly corrupt.) Of the countries covered in this book, the rankings and scores were as follows: United Kingdom 14 (76), Japan 18 (74), France 22 (71), Turkey 53 (50), Saudi Arabia 63 (46), China 80 (40), Russia 127 (28), and Iran 144 (25). The United States was ranked 19 (73) (see Sole in Daniel, Southall and Lutchman, 2005; Transparency International, 2013). Thus, only China, Russia, and Iran had a lower score than South Africa.

POLICE During the apartheid era there was not only a significant increase in the size and powers granted to the police, but there was also a need to recruit more black police to work in the various townships that had developed on the borders of towns and cities and that had been expanding both in number and size of population. The police were the principal agency of government responsible for enforcing the various draconian laws that were enacted during apartheid. Harsh police tactics were inevitably employed, which led to protests and riots. This, in turn, sparked more police raids, in particular early morning raids that were designed to check on the status of the inhabitants’ pass documents. Pass law violators could be and were arrested and jailed for not having their passbook up to date. It will be recalled that the Group Areas Act (1950) led to the forced removal of people from their homes, and it was the heavily armed police that were called upon to carry out the removals. Of all the agencies of the apartheid criminal justice system, the police were undoubtedly hated the most, because they were the most visible organization and were frequently encountered by a majority of black South Africans. Without this type of police force it is unlikely that the apartheid regime could have continued in power for as long as it did.

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The new government of South Africa would have its work cut out for it in changing the hearts and minds of not only the majority of citizens of the country that had been victimized by the police in the past, but also in changing the law enforcement and order maintenance culture within the police establishment. This could not be accomplished in a single generation, for the wounds were far too deep. The old South African Police were clearly guilty of a policy of abuse and torture that was primarily directed at black South Africans. At times, black police officers in the old police force were also guilty of abuse of their own people.

While these old wounds would continue to fester, some new wounds would appear, but this time white officers were the victims, with the establishment of affirmative action policies. The Constitution of the Republic of South Africa in chapter 2, section 9, devoted to the Bill of Rights, states: “To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.” This led to the creation of policies designed to promote blacks over whites within the police. While many people, including white officers, recognized the need for affirmative action within the police, the central problem focused on the pool of candidates available for preferential treatment. Some of these officers could neither read nor write, and those that had transferred from a homeland police organization were often deemed incompetent by white officers. Nevertheless, a significant effort was called for to transform the police in light of the fear of some that the country during this period of transition was on the brink of a possible civil war.

Organization and Administration of the Police Service

When discussions for the new South Africa centered on governance issues associated with the police, it was decided that there would be a single national police agency. As a result, the homeland police departments that were poorly funded and the subject of a good deal of criticism from the communities they served were merged with the old national South African Police organization. What developed from this change was the South African Police Service. It consists of approximately 155,500 police officers and more than 42,400 civilian employees. A description of the organization of the South African police is found in Figure 4.2.

In the new South Africa, two pieces of legislation control the police: the Constitution of the Republic of South Africa, specifically chapter 11, and the South African Police Service Act (1995), which has been amended from time to time. Chapter 11 of the constitution is devoted to the security services, which consist of the military, police, and intelligence services. Among the governing principles found in section 198 are: “national security must be pursued in compliance with the law, including international law. . . [and] subject to the authority of Parliament and the national executive.” Each of the security services is to be organized, managed, and regulated by national legislation. Section 199 states, in part: “to give effect to the principles of transparency and accountability, multi-party parlia - mentary committees must have oversight of all security services in a manner determined by national legislation or the rules and orders of Parliament.” Thus, the goal is to assure a sharing of responsibility for these important agencies of government. Both the executive

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and legislative branches have a role to play. Of course the judiciary, while not mentioned here, would also play a role in the oversight, accountability, and transparency of the security services.

As mentioned earlier, the change to a new democratic style of government for South Africa also led to the need to transform a number of agencies of government. The criminal justice system was in particular need of reform. With reference to the police, one initial change, which might appear cosmetic for some, was to change the name of the national police organization. During the apartheid era, it was known as the South African Police. In the new South Africa, it will be known as the South African Police Service. The addition of the word service was designed to reflect the new purpose and policies of the organization.

Admittedly, many of the same people who worked in the old organization remained employed in the new one. While some felt that these veteran officers could not be trusted in light of their past behavior in the old organization, others took the view that experienced officers in controlling civil unrest and dealing with crime, which was on the rise, were needed at this time in the country’s period of transition. While it is well known that it is difficult to change the culture of any organization, police agencies in particular, a concerted effort was made to orient current and new members of the police to concepts associated with human rights in the policing context. For example, there was a need to establish a new climate within the police organization that introduced a different vision and a new basic orientation to the job from what had previously been expected of the line officers, such as acknowledging that all people have fundamental rights, respecting the needs of the community with regard to protection and security in particular, offering a professional quality service in which the police were accountable to the community, and being proactive and impartial in the performance of their job.

The basic purpose of the South African Police Service is spelled out in section 205: “to prevent, combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the Republic and their property, and to uphold and enforce the law.” A national policing policy is established after consulting with the provinces in order to take

Department of Police Service

Civilian Secretariat for Police

Independent Police Investigative Directorate

National Police Commissioner

Nine Provincial Commissioners

Municipal Police

FIGURE 4.2 | Organization of the South African Police Service

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into account their particular needs. Provinces are authorized by the constitution under section 206: to monitor the police and oversee their effectiveness and efficiency and to promote positive relations between the police and the community. This led to the establishment of community–police forums that were designed to promote local accountability of the police but also cooperation from the community through consultation efforts. Of course, a good deal of discussion centered on the development of community policing. In order to introduce community policing, however, there was the initial need to establish trust among the participants. The level of distrust on both sides has been a difficult barrier to overcome.

The Department of Police

The Department of Police is a cabinet-level unit in the South African government. The minister of police is appointed by the president and is a member of the National Assembly. How the police are organized and managed is largely controlled by the South African Police Service Act (1995) and subsequent amendments to that legislation. It should be noted that under the apartheid regime the police were under the Ministry of Law and Order. After 1994 and the transition to a democratic system of governance, the police were housed in the Department of Safety and Security. The goal was to stress the new approach that the South African police would take toward law enforcement and order maintenance. In light of the nature of police work, the number of issues it confronts, and the volume of crime in South Africa, there have been a number of changes in the structure of the national police service. One of those changes has been the name of the department. The rationale for the name change is touched on later, in the subsection on police and the public.

The Civilian Secretariat for Police

The South African Police Service Act (1995) authorizes the creation of a secretariat to assist the minister with the duties associated with policing. That legislation, along with the Civilian Secretariat for Police Service Act (2011), explains the purpose and role of the Secretariat. The functions of the Secretariat include the following: advise the minister on the exercise of his or her powers, duties, and functions; perform functions requested by the minister to assist with civilian oversight of the police; promote democratic accountability and transparency in the police; promote and assist with the reconstruction and development of the police service; provide the minister with legal services and advice on constitutional issues; provide the minister with various administrative support services; monitor the implementation of policy and directives issued by the minister; conduct research on policing issues; perform tasks assigned to the Secretariat by the minister; and evaluate the police and report to the minister.

National Commissioner of Police

According to section 207 of the Constitution of the Republic of South Africa, it is the president’s responsibility to appoint the national commissioner of the South African Police Service. The appointment is for a period of five years, and the term of office can be extended.

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The national commissioner is expected to manage the police service based on the policy directives issued by the minister of police. The specific duties of the national commissioner as spelled out in the South African Police Service Act (1995) include the following: establish the priorities and objectives of the police service on an annual basis, organize or reorganize the police service as needed, determine the numerical strength and distribution of the personnel, establish training facilities, create other units which enhance the work of the police, and perform all legal acts on behalf of the police service.

The manner in which the South African Police Service is organized is through several divisions. The operational divisions are visible policing, which is concerned with crime prevention by providing proactive and responsive services that include addressing root causes of crime, focusing on firearms and liquor control, maintaining public order, addressing safe and secure environments, and providing police emergency services; protection and security services, which are concerned with VIP protection; security of the government sector; security for various major events venues, railway police, port, and border police; criminal intelligence, which is focused on crime intelligence, counterintelligence, crime information analysis, and management and operational support; the detective service, which addresses general investigations and is especially concerned with family violence, child protection, and sexual offenses; and forensic services, which is responsible for the collection and analysis of physical evidence associated with crime detection and prevention and tasked to manage criminal records.

The other divisions focus on support issues, such as personnel management, human resource development, human resource utilization, legal services, supply chain management, information technology management, and financial and administrative services. Finally, there is an inspectorate division that is responsible for the inspection and evaluation of the various divisions. They are also authorized to investigate complaints against the police service.

The national commissioner, after consulting with the premier of each province, appoints a provincial commissioner of the South African Police Service for each province. The appointment is for a period of five years and can be renewed. The national commissioner and the nine provincial commissioners form the Board of Commissioners. It is the board’s responsibility to coordinate and promote cooperation among the various regions served by the South African Police Service.

The mission of the South African Police Service consists of several objectives that are typically found in most democratic police systems. They include the following: to prevent, combat, and investigate crime; to maintain public order; to protect and secure the people and their property; to uphold and enforce the law; to create a safe and secure environment for all people; to prevent anything that may threaten the safety and security of a community; to ensure criminals are brought to justice; and to participate in efforts to address the causes of crime.

Municipal Police

In the event a municipality wishes to establish its own police department, section 206 of the Constitution indicates that “national legislation must provide a framework for the

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establishment, powers, functions and control of municipal police services.” In addition, chapter 12 of the South African Police Service Act (1995) is devoted to municipal police. The chief executive officer of a municipality is responsible to the municipal council for municipal police service. It is the municipal council’s responsibility to appoint a member of the municipal police department to serve as its chief executive or chief of police. Subject to the appropriate laws, it is the chief executive’s responsibility to maintain an accountable and efficient municipal police service. This involves the important tasks of recruitment, training, appointment, promotion, and disciplining members of the police service. It should also be noted that the national commissioner of police has the authority to issue national standards for municipal police. Moreover, the South African Police Service must approve the application of a municipality to create a police department.

It should be noted that municipal policing is not a new phenomenon to South Africa. In 1854, the city of Durban established the Durban City Police. Its enabling legislation was patterned after the borough and county police constabularies that were emerging in nineteenth-century England. The Durban police were noted for providing assistance to the public and emphasizing crime prevention. In the 1930s, the responsibility for traffic enforcement was turned over to the cities. Thus, municipalities across the country developed a traffic police unit within municipal government. During the apartheid era, a number of municipalities developed their own security departments. These have been described as paramilitary organizations. Officers carried firearms, drove armored vehicles, and partici - pated in the control of riots. Some security departments established ties with military intelligence and created a network of spies that infiltrated anti-apartheid groups.

When the negotiations were under way in determining the structure of police in the new South Africa, it was decided that there would be one police service, rather than retaining the multiple agencies that existed under apartheid. The negotiators also concluded, however, that limited law enforcement and order maintenance duties could be delegated to municipal police, if a municipality elected to establish one. The South African Police Service Act (1995) is very specific regarding the functions of municipal police. Section 64E identifies three areas of responsibility. Traffic police are to manage all road traffic and the enforcement of traffic rules. The policing of municipal by-laws and regulations includes such duties as animal control, business inspections, enforcing health standards, licensing public vehicles, and the oversight of public recreation venues. The third task is crime prevention, which includes education, environmental design, and intervention with people at risk. As a result, municipal police do not conduct criminal investigations, for that is the responsibility of the South African Police Service.

It should also be noted that municipal police officers are considered peace officers. Therefore, they have all the powers conferred on a peace officer and may exercise them within the municipal jurisdiction and outside the jurisdiction, if they are in pursuit of a person. The most important powers would include arrest, search, and seizure. In the event they arrest a suspect, they would turn the case over to the South African Police Service. With reference to civilian oversight of a municipal police department, it is the responsibility of the municipal council to appoint a committee composed of council members who are tasked with that duty. The committee would not only advise the municipal council but also

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the chief executive or police chief of the municipal police department. Thus, a municipal police department is accountable to the local government. Most important, the department is funded by the local government. Each of the major cities in South Africa—Durban, Johannesburg, Cape Town, and Pretoria—has established a municipal police department.

There are several management and procedural tensions that have been identified with the development of the current version of municipal policing in South Africa. First, there is a need to determine the role of municipal police regarding crime prevention and coordinating that effort with those of the South African Police Service. Second, there is a need to find the right balance for its tripartite responsibilities of policing traffic, enforcing municipal by-laws and regulations, and preventing crime. Third, there is the issue of training for these specific duties, but there is also a commitment to emphasize a more generalist approach given its community policing mandate. Fourth, there is a need to maintain standards within these new organizations and avoid the allegations of corruption that have occurred in many government agencies in South Africa. Finally, and this relates in part to the fourth item, there is a need to ensure that the police are independent from local political pressures. One of the objectives of the new South Africa was to depoliticize the police, as politicization was so apparent during the apartheid era. Efforts have been under way to address this issue with the South African Police Service. The matter needs to be squarely confronted at the municipal level too (Newham, Masuku, and Gomomo, 2002; Rauch, Shaw, and Louw, 2001).

Independent Police Investigative Directorate

Recently, the Independent Police Investigative Directorate Act (2011) enhanced the authority of the Independent Complaints Directorate, which provides oversight of the police and gave it a new name. What the new legislation does is enhance the authority of the Directorate. For example, the original legislation indicated that the Independent Complaints Directorate be informed of deaths in police custody or as a result of some police action. The new legis - lation finds commanders guilty of an offense if they do not report cases of police involve - ment in death, rape, torture, assault, and corruption.

Chapter 10 of the South African Police Service Act (1995) explained the functions of the Independent Complaints Directorate, which was established in 1997. Today, the Independent Police Investigative Directorate (IPID) consists of an executive director and four managers that deal with finance, administration, investigations, and research. Each of the nine provinces has an IPID manager. The IPID is required to issue a report to Parliament every six months on the number and nature of the cases reported.

The IPID is responsible for investigating complaints of alleged brutality, criminality, and misconduct by members of the South African Police Service and municipal police services. It is specifically mandated to investigate deaths of people during a police action, such as shootings or assaults; deaths of people while in police custody; the involvement of any member of the South African Police Service in criminal activities; police behavior that is in violation of the rules and regulations of South African Police Service, such as neglect of duty or failure to comply with the Police Code of Conduct; complaints alleging poor service; failure to assist or protect victims of domestic violence; and misconduct or

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offenses by members of a municipal police service. The IPID’s authority does not extend to the military or to correctional services staff.

In the annual report for 2012–2013, the IPID received 6,728 complaints. This was an increase from the previous reporting period of 2011–2012, when 4,923 complaints were received. In 2012–2013, the vast majority of complaints (4,131) alleged assault. This was followed by other criminal matters, at 703, and the discharge of an official firearm, at 670. Of the other criminal matters, 531 were recorded as attempted murder. Complaints alleging death by police action registered a decline, at 431 as compared to the previous year’s number of 488. Death in police custody, however, experienced an increase: 275, up from 232 in the previous year. Of the total number of complaints received (6,728), only 165, or 2 percent, were directed at a municipal police agency. Unfortunately, like so many of South Africa’s government agencies, the IPID has been underfunded and lacks a sufficient number of qualified investigators to carry out its mandate. While the 6,728 complaints mentioned above were new complaints for 2012–2013, there were 549 additional cases carried over from the previous reporting period. The report noted that 3,963 cases were completed during 2012–2013, or 54 percent of the total case load.

Duties of the Police

Chapter 5 of the South African Police Service Act (1995) addresses the issue of the powers, duties, and functions of the members of the police service. Section 13 is specifically directed at line officers. The very first statement in this section is reflective of the new South Africa and the goal of establishing a new South African Police Service: “Subject to the Constitution and with due regard to the fundamental rights of every person, a member may exercise such powers and shall perform such duties and functions as are by law conferred on or assigned to a police official.” It further states that once an officer is aware that an offense has been committed, the officer must notify the commanding officer as soon as possible.

In the performance of official duties the officer is reminded to employ a reasonable approach to the matter at hand. For example, if the use of force is authorized by law under the circumstances, then only a minimum use of force should be employed. The section also speaks to the issue of the reasonableness to control an illegal situation without a warrant, to search people or places, and the occasional need to pursue people across the borders of the Republic. Also noted are some of the typical duties of an officer, such as serving a summons or executing a warrant and appearing in court. It further mentions the authority exercised at a crime scene to ensure an effective investigation, such as cordoning off the area and preventing people from entering or leaving the area.

In light of the history of public order issues, the Act also addresses the reasonable manner in which demonstrations should be handled. For example, it is the responsibility of either the national commissioner or a provincial commissioner to authorize that a specific area should be closed either to restore public order or to protect the safety of the public. The cordoning off of an area cannot exceed a 24-hour period. This authorization also permits the police within the cordoned off area to search people, premises, vehicles, or other items without a warrant, and if necessary under the Criminal Procedure Act (1977), to seize items.

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Like public order issues, either the national commissioner or a provincial commissioner must authorize the setting up of roadblocks. Again, the emphasis is on the reasonableness of the action and must state the purpose of the roadblock along with the date, approximate duration, and place. Any officer may set up a roadblock or checkpoint if he or she has reasonable grounds to believe that a suspect to a crime, a witness to an offense, or an escaped fugitive is attempting to flee.

The Police and the Public

In light of its past of employing violence and oppression in order to maintain the apartheid regime, the principles associated with the rule of law were almost nonexistent in South Africa’s police organizations. After 1994, there was a concerted effort to transform the South African police from a force that was often confrontational to the citizenry and that did not even treat the majority of people as citizens to one that espoused service to the community in which respect for the individual and an acknowledgement of human rights was a central feature of the organization.

As mentioned earlier, the basic purpose of the South African Police Service is spelled out in section 205 of the Constitution: “to prevent, combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the Republic and their property, and to uphold and enforce the law.” While crime prevention was the first duty assigned to the South African Police Service in the Constitution, there was also an acknowledgement of the need to reform the police after apartheid. Some questioned that both issues could be addressed simultaneously and felt these were unreasonable expectations considering the limited financial and human resources, especially in the midst of high and increasing levels of crime. Recall from earlier that two of the most significant issues confronting the new democratic government of South Africa were the degree of civil unrest and the level of crime, especially in the townships.

Nevertheless, early on, the government created an interdepartmental group to develop a national crime-prevention strategy. The group regarded crime prevention as a national priority because the level of crime in the country threatened the emerging democratic system in which the new South Africa was based. At the outset the group used the term “crime prevention” in two contexts. One focused on developing an effective criminal justice system, that is, the importance of efficient police work along with rehabilitation programs that reduced the level of criminal behavior. The other context was labeled social crime prevention, that is, by creating more jobs and encouraging young people to stay in school, the level of crime would subside.

The National Crime Prevention Strategy called for the need to emphasize crime prevention rather than crime control. They acknowledged that crime data was unreliable, a charge that continues to be voiced today, and that the manner in which the media discuss crime has an important impact on shaping public opinion of the problem. They further pointed out that it is not unusual for crime to increase when a country is undergoing a period of political transition and mentioned the former Soviet Union and Northern Ireland in that context.

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The group identified a comprehensive number of crime categories that required particular concern. They included crimes involving firearms, organized crime, white-collar crime, gender violence, vehicle theft and hijacking, corruption within criminal justice, and violence associated with intergroup conflict. This last category was specifically concerned with political conflicts, taxi violence, and land disputes. To address these issues, the group developed a four-foci framework for crime prevention. The first involved the criminal justice process and the need to make it more efficient and effective by deterring criminals and reducing the likelihood of reoffending. The second focused on reducing crime through environmental design. The third addressed issues of public values and education. Of particular concern was the need to change how communities react to crime and violence. This involved programs of public education and citizen involvement in crime prevention. The fourth focus was concerned with transnational crime programs, in particular cross- border crime traffic (National Crime Prevention Strategy, 1996).

Obviously, the group called upon to develop a National Crime Prevention Strategy was acknowledging that crime and crime prevention were not just police issues. All aspects of society had an obligation and role to play in reducing crime. With reference to police, community-oriented policing was introduced, with the idea that the police should be both visible and available to the public. Central to this feature was the notion that the public could assist the police in detecting crime and enhance the sense of security within the community. Sector policing focused on the idea that together the police and community could identify problems and solutions to local crime issues. Social crime prevention drew attention to the social conditions that were often the source of crime problems. Examples included how people interacted with one another, to what extent they cared for their residential or business property, and to what degree people complied with health and safety regulations of which gun ownership and alcohol use were a particular concern. With specific reference to firearms, the government attempted to address the problem by des troying illegal firearms, introducing a firearms amnesty program, enhancing fire- arms regulations in the private security industry, and establishing stricter gun-control requirements.

In spite of these efforts, it is important to reiterate that violence had been the norm in South African society. It had a violent past, even before the emergence of the apartheid regime, and cycles of violence continued after the creation of the new South Africa in 1994. There was a large youth population, which created a large potential offender pool. In addition, there existed income inequality, high levels of alcohol abuse in some communities, and the availability of firearms. The level of violent crime was serious. There is a culture of violence in South Africa that is concentrated in urban areas, but is not exclusive to those areas, and it primarily involves young men in active criminal lifestyles. The level of gun violence and the indifference of the perpetrators illustrate dramatically the social crisis confronting the country. Homicide among young black male victims and the perpetrators is especially high, and it is estimated that two-thirds of these deaths involved an argument, while one-third were associated with another crime. South Africa has been characterized as a heavily armed country. In 2008, there were 3.7 million licensed firearms.

Although murder is the most serious of violent crimes, it is not the most common. Assaults, in particular as a factor in arguments; domestic violence; rape and sexual assault;

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robbery; and other property crimes are even more prevalent. Underreporting of crime is also a problem, especially of rape and domestic violence—a problem not unique to South Africa. Various victim surveys estimate that less than half of all robberies, thefts, and assaults are reported. A good deal of this attitude is associated with much of the population still not trusting the police, because prior to 1994 people did not report crime, as the South African police were associated with the repression of blacks (see Bruce in Daniel, Naidoo, Pillary, and Southall, 2010; Cock in Buhlungu, Daniel, Southall, and Lutchman, 2006; Leggett in Daniel, Southall, and Lutchman, 2005; Russell, 2010).

By 1999, the national government dropped its social crime control agenda. This did not mean, however, that it was totally abandoned at the local level. Nevertheless, the national government was motivated in part by the fact that on any given day there was an average of 50 murders, 100 reported rapes, 400 armed robberies, and 500 violent assaults. Among the victims were young girls raped by neighbors or at school. In one residential robbery, the victims were the president of the newly created Constitutional Court and his wife. No country is free from crime in general or violent crime in particular. However, the adverse publicity that South Africa was confronting regarding the level of crime, especially violent offenses, was hindering the country’s efforts to attract business investment and to expand the tourism industry. Moreover, they were scheduled to host the World Cup in 2010 and were fearful of embarrassing incidents. As a result, the government shifted its emphasis from talk of democratic policing and employing community policing techniques to a call to combat crime with a more militaristic focus that for some was reminiscent of the law enforcement tactics that were well known from the days of apartheid.

One study noted that overall crime declined somewhat in 2010–2011 (2,071,487 cases) over the 2009–2010 figures (2,121,887). For the 2010–2011 reporting period, there were: 15,940 murders, 15,492 attempted murders, 66,196 sexual offenses, 101,463 aggravated robberies, 16,889 residential robberies, 14,667 business robberies, 10,627 vehicle hijack - ings, 88,388 commercial crimes, and 78,383 shopliftings (Newham, Burger, Gould, and Lancaster, 2011).

Unfortunately, crime has increased in recent years. While all crime is a concern for the public and agents of the criminal justice system, violent crime has long been a particular problem in South Africa. To illustrate, the number of murders continues to increase: it rose from 15,609 in 2011–2012, to 16,259 in 2012–2013, to 17,068 in 2012–2014. In the same reporting periods, the number of attempted murders was 14,859; 16,363; and 17,110. Aggravated robberies were at 119,351 for 2013–2014, compared to 105,888 in 2012–2013. Street robberies were up at 69,074 in 2013–2014 from 60,476 in 2012–2013, and residential robberies saw an increase to 19,284 from 17,950.

Some decreases in various categories were also reported in the years from 2012 to 2014. For example, sexual assault declined to 62,649 from 66,387. Residential burglaries saw a marginal decrease to 260,460 from 262,113. Moreover, there were slight reductions in grievous assaults at 183,173, common assaults at 167,157, and shoplifting at 70,516 (South African Police Service, 2014).

Finally, it is important to note that the level of violence in the country has also taken its toll on the police. According to official statistics, 950 police officers were killed between

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1991 and the election in 1994. Many of these were black officers working in the townships. From 2005 to 2010, approximately 100 officers per year were killed. For a considerable period of time, both pre- and post-apartheid, black officers have elected not to wear their uniforms in public on the way to work because of the danger of being assaulted. Moreover, there were 172 suicides of officers in 1994, and it is estimated that between 2000 and 2006, 100 officers per year committed suicide. While law enforcement can be a difficult career path in many countries, the danger and stress appears heightened in the South African context (Brown, 2008; Cawthra, 1993; Faull, 2010; Samara, 2011; Shaw, 2002; Steinburg, 2008).

Private Security

While police have both a proactive and reactive mission regarding crime, that is, they have a crime prevention agenda but also must pursue alleged offenders and investigate specific cases, private security is essentially a proactive enterprise that is in the business of pre - venting crimes from occurring against clients. This last point about clients is an important distinction between the two. Whereas the police have a responsibility for law enforcement and order maintenance to the public at large, private security is accountable to the organization or person that contracts out their services.

Private security has been a growth industry in much of the industrial world since the 1970s. Private security in South Africa began to protect people and private residences to a more significant degree than in other parts of the world largely because the South African police were primarily focused on protecting the apartheid regime from the growing number of protests. Today, South Africa has one of the largest private security sectors in the world. It is estimated that there are approximately 4,500 security companies or agencies in South Africa and that there are about 500,000 security guards. A number of the employees of these companies are former police, prison, and military officers.

The growth of this industry in South Africa is directly attributed to the high level of crime and the public’s distrust of the competence of the South African Police Service. In the South African context, the security industry is concerned with protecting assets, property, and people. Because of the number and frequency of violent robberies, assets in transit primarily involving banks and other businesses have been a particular problem. Nevertheless, a significant portion of the security market is residential. There remains a general fear of crime, but also insurance companies are demanding that homeowners seek further assistance from security companies. It should be noted that an estimated 700 security companies offer an armed response service in addition to an electronic security system.

The level of residential security in middle- and upper-class neighborhoods is significant. Tall brick fences, which were typical of certain styles of British-built residences years earlier, now have cut glass or razor wire at the top of the fence, which one does not find in England. Moreover, businesses utilize electric fencing or razor wire atop a regular fence. Some large companies have turned to providing VIP protection services because of incidents. These kinds of concerns have led to some businesses deciding not to locate in South Africa at a time when the country is in need of more business investment. Finally, the general concern

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about the level of crime, especially violent crime, has had an adverse impact on tourism, which is an industry that the government is keen to promote (Irish, 1999).

JUDICIARY Of all the criminal justice agencies during apartheid, the police were undoubtedly hated and feared the most, because it was the organization most visible and frequently encountered by a majority of black South Africans. However, while the judiciary was not as visible to most blacks, it nevertheless was complicit in enabling the apartheid regime to continue to violate many of the basic principles associated with the rule of law. In this context, the judiciary is associated with the whole legal establishment, that is, judges and lawyers. Of course, there were exceptions to this aforementioned generalization, but they were clearly in the minority.

It was mentioned earlier that South Africa and Russia are two countries covered in this book that lend themselves to some interesting comparisons. In the past, both relied heavily on agents of their criminal justice systems to carry out the respective agendas of the apartheid and communist regimes. Today, both countries serve as illustrations of nation states that have proclaimed their goal of adopting a democratic form of governance and embracing principles associated with the rule of law. In the new Russia, the leadership acknowledged that it was prudent for the country to have a Constitutional Court that would serve as the supreme judicial body authorized to provide constitutional oversight. Likewise, the authors of the new Constitution of the Republic of South Africa recognized the value in having a Constitutional Court serve as the ultimate authority in interpreting all matters associated with the constitution. Thus, constitutional supremacy would reign over the authority of parliament or the national executive.

Chapter 8 of the Constitution of the Republic of South Africa is devoted to courts and the administration of justice. Section 165 of the Constitution states that “judicial authority is vested in the courts,” that “courts are independent and subject only to the Constitution and the law,” and that no person or state unit of government can interfere with the work of the courts. The Constitution authorizes the creation of four types of courts: the Constitutional Court, the Supreme Court of Appeal, the High Courts, and Magistrates’ Courts. It also indicates that other courts may be established by Parliament and may be comparable to High or Magistrates’ Courts.

Organization and Administration of the Courts

The judiciary of South Africa is divided into superior courts and lower courts. Figure 4.3 illustrates the organization of South African courts. Three of the tiers in the court hierarchy are superior courts, and they are presided over by justices or judges. The lower courts are represented in the fourth tier, and they are presided over by magistrates. Before the functions of these courts are described, it is important to mention briefly the role of a few government units that have a role to play in either the management of or support for the courts.

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As is the case in any large country, local governments serve a useful purpose. They usually provide many of the basic services to the citizenry, including schools, hospitals, recreational facilities, and distribution centers for goods, as well as other social services. The Constitution of the Russian Federation addresses this issue to some extent. For example, Article 131 states: “Local self-government is exercised in urban and rural communities and other geographical areas with regard for historical and other local traditions. The popu - lation independently determines the structure of the bodies of local self-government.” In addition, Article 132 indicates: “Bodies of local self-government independently manage municipal property; draw up, confirm and fulfill the local budget; establish local taxes and fees; safeguard public order; and alone resolve other questions of local significance.” In a country whose history has known only authoritarian rule and whose political perspective had been dominated by a single view of its social destiny (a revolutionary one at that), the Russian Federation has recognized the importance of self-governance by including it in its strategy of democratization.

POLICE A government that espouses principles associated with democracy is expected to adhere to the rule of law. Under such a system of government, people are vested with legal rights, and the state through its agents is obliged to protect the people in the exercise of those rights. Usually, the police are the initial government agents called upon to assure adherence to these democratic principles.

The basic principles associated with the governance of the Soviet Union were the reverse of those found in a democratic system. Government was not based on the rule of law but on the dictates of the Communist Party. The state was vested with all rights, while the people were subservient to the obligations of the state. Under this system, police considered themselves above the law, and people generally conformed to this arrangement because they tended to defer to authority.

During the Soviet era, three kinds of police systems were established: state security, militia, and ancillary forces. To a large extent, the government of the Russian Federation has had a difficult time reconciling or adapting these police systems to the democratization movement. In particular, basic issues of organization and policy have been in a state of flux. What follows is a description of the organization and administration of the three kinds of police systems established during the period of the Soviet Union, and how each system has attempted to adapt since the establishment of the Russian Federation (see Figure 5.2).

Organization and Administration of State Security

The history of the Soviet police began almost immediately after the October Revolution of 1917, when the principal law enforcement organizations were established. The method of organization goes a long way toward explaining the administrative history of these forces. In December 1917, the Council of People’s Commissars created the Extraordinary Com - mission for Combating Counter-Revolution and Sabotage (known by the Russian acronym Cheka). It was the new government’s first state security force and, as the name suggests,

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it was charged with eliminating all acts of counter-revolution and sabotage. The Cheka quickly acquired the power to impose summary executions on opponents of the regime. For example, it is estimated that the Cheka executed 50,000 people during the Civil War. Thus, the Cheka became the investigative arm as well as the executioner of the Party and revolutionary government.

This kind of police force was not new to Russia. As early as 1565, Tsar Ivan (the Terrible) had established the Oprichnina, a political police force known for its reign of terror. Subsequent Russian tsars adopted similar forces. It is generally assumed, however, that the Cheka was more effective than its predecessors. This is partly attributable to the use of Cheka agents posted throughout the country and the utilization of other local law enforcement personnel to assist in achieving the Cheka’s objectives.

The evolution of the state security force was marked by changes in both the organization’s accountability to a higher government authority and the significant role it played in the development of Soviet society. The Cheka allegedly was created because of the extraordinary conditions that existed at the time, such as the founding of a revolutionary government and the fact that the country was in a state of civil war. The Cheka was disbanded in February 1922 because of the infamous reputation it had acquired and because the times no longer warranted such an institution. Undoubtedly, some of the party faithful sincerely wanted the organization abolished, but in reality, a state security police continued to exist. The agency was renamed periodically as the central government was reorganized. The last time this happened was in 1954, when the Committee for State Security (KGB) was created and made accountable to the Council of Ministers of the USSR.

Thus, from the early development of the Soviet state, the government saw the need to create a security force that was distinct from a regular law enforcement corps. In terms of organization and responsibility, the state security force and the regular force were generally kept separate. On occasion, however, they were merged under one government unit. Two explanations have been offered for this change. One has focused on the pretext that party leaders were attempting to curb the often unwieldy power of the state security force. It was thought that amalgamation would achieve that end, but it seldom lasted for long. There was always an extraordinary event—either internal or external—to justify the party leadership’s desire to strengthen the state security unit. After all, since its inception, the state security force viewed itself as the “Sword and Shield of the Party.” The other explanation suggested that the mergers occurred when the party needed a mechanism that would instill greater

Federal Security Service

• Counterintelligence • Border • Economic Security • Operative Information and

Internal Relations

President of the Russian Federation

Politsia

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FIGURE 5.2 | Organization of the Police of the Russian Federation F O S T E R , C E D R I C 1 6 9 2 T S

fear into the lives of the average citizen. It was felt that the state security force would be in a better position to achieve that end if it was administratively merged with the regular forces.

The KGB remained the state security force until the demise of the USSR. It was a centralized force whose geographical jurisdiction stretched across the USSR and beyond. Its central office was located in the Lubyanka building in Moscow at No. 2 Dzerzhinsky Square. The Lubyanka building had been the headquarters of the Cheka; Felix Dzerzhinsky was that organization’s founder.

For Americans to comprehend the power and authority of the KGB, they would have to envision a merger of the FBI, the CIA, the National Security Agency, and the Secret Service, and then grant that consolidated agency the authority to implement on a regular basis policies and programs that are above the law. This authority had been afforded the KGB. One should not get the impression that the KGB was beyond control though, for the party leadership was careful to monitor the actions of the organization. The leadership remembered Lavrenti Beria’s attempt to make the unit a force unto itself. Moreover, the leaders of the KGB were loyal party members who remembered that Beria was arrested and executed for attempting to implement his scheme.

Despite the party’s diligence in monitoring the actions of the KGB, its ability to accomplish that goal was hampered somewhat during the years between 1960, 1970, and 1980. In the past, particularly during Stalin’s time, state security agents were essentially characterized as thugs. During these three decades, however, the people recruited to per - form this work were highly educated and sophisticated individuals. They had been trained in the business of developing new methods to avoid detection. As a result, it would be folly for the party leadership to assume that they were kept apprised of all the activities of the KGB, especially those activities directed at them.

In order to understand how the KGB was organized, one must first appreciate its mission. The organization’s basic purpose was to maintain and extend the power of the Communist Party throughout the world. Among the principal means used to achieve that end was the carrying out of espionage, subversion, and terrorist acts in capitalist and third- world countries. It also attempted to control the communist parties and governments in the various satellite countries that existed along the borders of the Soviet Union. This was achieved by infiltrating the party and influencing its policies.

The KGB was also actively involved in the surveillance of its own people in an attempt to isolate and check the growth of anticommunist feelings among them. It was assisted in this endeavor by an extensive network of informers strategically situated in all walks of life. A subtle pall of terrorism hung over every Soviet citizen, because most had a relative or friend (or knew someone) who had been exiled or liquidated for anti-Soviet behavior in the past. For the estimated 10,000 politically active dissidents, the pall was not subtle. Rather, the fear was a constant in their lives. Gorbachev attempted to alleviate this fear when he expressed the desire to permit the establishment of a multiparty political system. This view was given legal force with the passage of the Law on Public Association (1990), which declared free association to be an inalienable human and civil right.

According to experts, the KGB was organized into several directorates (Barron, 1974, 1985; Corson and Crowley, 1986; Hingley, 1970; Levytsky, 1972; Myagkov, 1976).

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The first chief directorate was responsible for monitoring espionage and subversion outside the Soviet Union. It trained and planted KGB agents in foreign countries; it obtained sensitive information, often of a defensive nature, from Western countries; and it recruited foreigners into the KGB service.

Of more interest to the student of foreign criminal justice systems was the second chief directorate. It was divided into a number of departments, of which several were designed to monitor and control the lives of the Soviet people. In many respects, this was the most important unit within the KGB. It investigated and attempted to curb the large network of black marketeers as well as the corruption and waste that existed in the government. It also protected the vast industrial complex and sensitive research centers of the country. Other departments within this unit specialized in spying on tourists, foreign students, and foreign journalists. It was not uncommon for the KGB to try to recruit foreign students and journalists as KGB agents.

While Nikita Khrushchev was in power (1953–1964), he attempted to offer the appearance that the party was willing to permit the expression of unorthodox views. As a result of this change in policy and the subsequent attempts at free artistic expression, the leaders concluded that it was getting out of hand; there appeared more open displays of dissent from within the country than had originally been anticipated. In 1969, the party hierarchy approved the creation of the fifth chief directorate. Its primary responsibility was to eliminate dissent. Within this directorate, various departments suppressed literary works, nationalism among the various ethnic groups, and the practice of religion. This directorate was abolished during the Gorbachev era, in part because of its excesses. Another reason was that its mission was at cross-purposes with glasnost and democratization. For example, the Law on Freedom of Conscience (1990) enabled the free expression of religious beliefs, and the Law on Public Association (1990) permitted the free association of individuals with various groups.

The purpose of the eighth chief directorate was to monitor and decipher foreign communications. This was accomplished through the use of spy satellites and com muni - cations equipment located in Soviet embassies around the world. This unit was also respon - sible for maintaining the security of the Soviet communications systems within the country.

The unnumbered Border Guards directorate dated back to 1918, when Lenin formed a border guard unit within the Cheka. Because it was composed of land, sea, and air troops who guarded the Soviet borders, it had both a law enforcement and a military function. It kept undesirables out of the country, while also preventing people from illegally leaving. When Sino–Soviet relations soured in the 1960s, the troops from this unit fought the Chinese along their common border. These troops were assisted in their work by support brigades composed of civilians living in towns and villages near the borders. The number of checkpoints along the Soviet borders had been increasing under Gorbachev, allegedly in an attempt to curtail the smuggling of contraband. Among the more significant concerns was the emergence of illegal narcotics.

Finally, a new directorate was created for the protection of the Soviet constitutional system. It had three specific tasks. One was to prevent foreign groups from engaging in anti-Soviet actions that were designed to overthrow the Soviet state. Another was to curtail terrorist attacks within the country. It had been alleged that more than 1,500 persons were

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identified as being involved in terrorist activities during the 1970s and 1980s. The directorate’s third purpose was to address the problem of organized crime, which had been identified as a growing problem throughout the country.

Information about the KGB became more readily available to the public because of Gorbachev’s efforts at glasnost and the attempted coup in August 1991. As a result, the people of the Soviet Union began to learn what many had suspected for a long time: the KGB had truly extensive authority and exceptional power throughout the country, and it was utilized not only against ordinary people but also against high-ranking Soviet officials. The KGB was in a strategic position to implement this activity because it had a monopoly over the government’s communications system, which facilitated their efforts at surveillance and enhanced the likelihood of assuring total secrecy. They were also charged with protecting the president and the borders of the USSR.

In an attempt to deflect criticism during the autumn of 1991, KGB officials argued that the state security force should only be responsible for intelligence, counterintelligence, and, possibly, a few crimes, and the militia should be the principal law enforcement system dealing with crimes against individuals and property. The willingness to placate the rise of public opinion against the KGB came too late, though. In October 1991, the KGB was replaced with three separate organizations: a central intelligence service, an inter-republic counterintelligence service, and a state border service. It was assumed that the central intelligence service would be responsible for information dealing with foreign, military, and economic issues. The inter-republic counterintelligence service would handle domestic intelligence. The state border service would continue to guard the borders but would be established as an agency independent from the other intelligence-gathering services. At the time of the dissolution of the KGB, it was also suggested that a definition be provided to explain what constitutes state security in light of the fact that no law existed on the subject in the new political context.

The collapse of the Soviet Union in December 1991 caused the creation of the Russian Federation. Presently, attempts are being made to adapt a Soviet-styled state security service within the context of an alleged Russian commitment to democratization. The principal concerns influencing the debate have centered on basic issues of policy and organization.

One of the key policy issues was the extent of the authority that should be granted to the new state security service. Specifically, there was concern that the security service would attempt to reclaim its former absolute power. To illustrate, requests had been made since 1992 to permit eavesdropping on telephone conversations, opening correspondence, and performing secret searches without a warrant. In addition, it has been suggested that public and private organizations should be required to permit the installation of bugging devices and the hiring of agents as employees. Critics of these requests point out that this is an attempt to establish a police state once again, but this time it would have a legal basis. An important organizational issue has focused on whether the border guards should be a separate entity or a subordinate unit within the security service.

At the beginning of 1994, a new state security service was created: the Federal Counterintelligence Service (FCS). Although the head of the FCS was a director, the service was actually administered by a committee of 11 people. The president of the Federation

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appointed the director and exercised control over the activity of the FCS. Unlike most governmental agencies that usually report to a ministry, the service reported directly to the president.

The principal duties of the FCS were to prevent intelligence-gathering and subversive activities by foreign special services, to combat terrorism and trafficking in arms and drugs, to detect the more dangerous armed groups in the country, and to provide the president with information on threats to the security of the Russian Federation. It was also decreed that the border troops would be a separate service. Moreover, the FCS was deprived of several responsibilities that were usually associated with the Soviet security service. For example, investigative duties were assigned to procurators, and the Lefortovo prison was placed under the authority of the Ministry of Internal Affairs.

This arrangement of the Federal Counterintelligence Service did not last long, for the government had been arguing for a number of years that there was an enhanced need to combat dangerous crime. While organized crime, trafficking in arms and drugs, and white- collar crime remained issues, there was an enhanced concern over terrorists claiming to be associated with Islam and other extremist groups that included in some instances trade unions, public protestors, and bloggers. To address these concerns, changes were introduced during the 1990s and into the first decade of the twenty-first century that have had an impact on both the operational policy and the organization of the state security service.

First, the Federal Counterintelligence Service (FCS) had its name changed to the Federal Security Service (FSB for Federalnaya Sluzhba Bezopasnosti). The principal duties of the FSB are counterintelligence, intelligence, and combating corruption and organized crime. These duties reflect how the FSB is organized. The principal directorates of the FSB include the Counterintelligence Service and the Service to Protect the Constitutional System and Combat Terrorism. The Counterintelligence Service is responsible for counterespionage. This includes both the military and the military-industrial complex along with crimes associated with the Internet. The Service to Protect the Constitution focuses on terrorism both inside and outside the country and is concerned in particular with political extremists.

Throughout its long history during the Soviet period, the Border Guards had at times been an independent enforcement agency but also on occasion been subordinated to a position with the state security system. In 2003, the Border Service lost its independence and became part of the FSB. The Border Guards protect the state borders and devote a good deal of attention to the illegal drug trade. The Economic Security Service has a broad mandate that includes security of industrial enterprises, transportation, and the financial system. This directorate also provides counterintelligence assistance to the ministries of the interior, emergency, and justice. Finally, the Operative Information and International Relations Service is responsible for the analysis of foreign intelligence operations and international events. The other directorates within the FSB focus on support, such as human resources, scientific and technical issues, supply services, and oversight (Soldatov and Borogan, 2010).

Under the reorganization plans that led to the establishment of the FSB, the authority of the Russian state security service was expanded. Critics of this plan argued that the security service was taking on many of the attributes of the KGB. Of considerable concern is the fact that various investigative functions have been returned to the FSB. In addition,

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Lefortovo prison is utilized as a pretrial detention center for the FSB. Finally, the FSB is no longer subject to the oversight of the Procurator’s Office.

To illustrate the nature of the critics’ concerns, agents of the FSB can enter and search a premise without a warrant if they are of the opinion a crime is in progress or a citizen might be at risk. They are expected to notify the procurator of these activities within 24 hours. FSB agents are also permitted to open mail, tap telephones, and monitor other forms of communication without a court order if they are of the opinion that this is an emergency or the country’s security is threatened. Security issues are not limited to military or political concerns, but also include economic and environmental matters. While a judge must be notified of these activities within 24 hours, concerns have been raised that the law does not adequately explain or define the terms “emergency” or “security”.

It has been pointed out that the KGB was at least under the control of the Communist Party. The FSB is much more independent in that it does not answer to a political party or to the legislature, the Russian Federal Assembly. The FSB’s allegiance is to the state, that is, to those in positions of power rather than to the rule of law. This led to accusations of illegal activities and corrupt practices on the part of members of the FSB (Soldatov and Borogan, 2010).

Organization and Administration of the Militia

The militia was the other police force established during the early years of the developing Soviet state. It was created on November 10, 1917, and was mandated as the principal force for securing law and order for the new socialist government. The militia was empowered to perform the more traditional tasks of police work (that is, law enforcement and order maintenance in the usual sense in which those words are used). It was responsible to the People’s Commissariat of Internal Affairs (NKVD). Although the militia performed traditional police tasks, its authority extended beyond those parameters as understood in the West. For example, because the state had a monopoly over the means of production, there was an acute need for economic regulation and control. The militia played an influential role in that regard. The militia was designed as the principal regular police force in the Soviet Union, whereas the Cheka was styled as the first state security force. Compared to the state security force, the history of the militia was fairly uneventful.

From its inception, the militia had always been accountable to a government unit or ministry. When the Soviet Union ceased to exist, the Ministry of Internal Affairs (MVD) was responsible for the administration of the militia. The chair of the MVD was a member of the Council of Ministers of the USSR. For more than two decades before the demise of the country, the Soviets had a serious crime problem, similar to that found in capitalist countries. A more candid attitude toward these concerns had emerged and resulted in an attempt to strengthen and improve the quality of the militia. In fact, it was suggested that the MVD had become a very powerful ministry in light of its broad range of law enforce - ment responsibilities (Juviler, 1976). Moreover, some experts were of the opinion that a significant agency rivalry had developed between the MVD and the KGB.

The militia supposedly followed the principle of democratic centralism from its inception. This means it had a dual accountability: one to the Ministry of Internal Affairs

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for the USSR and one to the local soviet district in which the militia carried out its responsibilities. The militia, therefore, was both centrally and locally supervised in accordance with Soviet law. The unity of this dual accountability was achieved by having divisional inspectors of the militia appointed to executive committees of the local soviets. During the waning years of the Soviet Union, the executive committees of the local soviets increased their efforts at overseeing both the effectiveness and efficiency of the local militia. Of particular concern were issues involving public order, crime prevention, traffic safety, and a reduction in the number of instances in which people were avoiding socially useful work (Gabrichidze, 1986–1987).

The individual militia units found throughout the Soviet Union were each divided into four major departments. The size of the territory policed determined the size of the unit and the strength of each department. Both uniformed and plainclothes officers were assigned to these departments. While each department had a general responsibility for crime prevention, each was assigned a specific task in order to achieve that goal.

One of the most important departments was criminal investigation. This department investigated crimes that had been committed and those that were suspected of being planned. Within the department was a child welfare office responsible for juvenile offenders and neglected young people, which worked in conjunction with the local Soviet community councils on juvenile crime prevention. Members of a criminal investigation department were given an additional responsibility that in other countries is normally assigned to probation and parole officers: they attempted to find employment for inmates who had been released from prison.

The department for combating the misappropriation of socialist property was involved with economic and technical crimes. It was concerned with theft, bribery, and speculation in trade and industrial production. Department employees were not only concerned with detecting such crime, they also advised the managers of industrial complexes on ways to prevent such criminal activity. Members of this department watched for people who were living beyond their means. This was relatively easy to discover, because the militia or the KGB were likely either to have someone in the personnel department of the organization or have legal access to the person’s employment and salary record. Moreover, the department was assisted in its work by the Voluntary People’s Guard. This organization aided the militia by monitoring the activities of fellow workers or residents in housing complexes.

The passport department was another important component of the militia. The Soviet Union had an internal passport system designed to monitor the movements of its citizens. All citizens who had reached the age of 16 had an internal passport. The document contained the individual’s name, birth date, place of birth, nationality, marital status, number of children (if any), military service record, place of work, recent photograph, and any other pertinent information. The passport also included the propiska, a stamp indicating the specific location where the person had a legal right to reside.

These passports restricted the movement of people by indicating where a person was supposed to be residing and where he or she was employed. The passport system enabled the government to control where people lived and worked; it also served as a useful tool for police seeking leads about the lifestyle of a person suspected of anti-Soviet behavior. If a person was stopped far from his or her official place of residence without a pass, he

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or she became a suspect. The passport system also was used to determine whether a person was employed or was avoiding “useful work” (useful work was a constitutional duty of all Soviet citizens). It should be noted that now Russian citizens have more freedom of movement and the right to select their place of residence. The law, however, requires that they carry an internal passport issued by the government when traveling throughout the country. They must also register with local authorities during the course of their domestic travel. Government services can be refused and fines imposed for people who have not complied with this legislation.

The state automobile inspection and traffic control department was another significant division within the militia. Involved in the prevention of traffic accidents through public education programs, this department was particularly concerned about reckless drivers— especially drunk drivers. Excessive alcohol consumption was considered a significant national problem, and that point was brought home frequently by the number of alcohol- related traffic offenses. The department also was involved (in conjunction with the producers of automobiles) with improving the quality of motor vehicles (Karpets, 1977).

During the Gorbachev era, the Ministry of Internal Affairs announced several initiatives designed to improve either the efficiency or effectiveness of the police in general and the militia in particular. It suggested that there was a need for laws governing the rights and duties of the police. In addition, efforts were under way to improve operational equipment, particularly in the area of criminal investigation. Finally, there were discussions regarding organizational changes. It was suggested that the local militia be accountable solely to the Ministry of Internal Affairs for their republic. These local forces would be responsible for the more typical duties of law enforcement and order maintenance. A centralized national unit would remain and be responsible for major investigations; it would retain its dual subordination to the local and national government. A third unit would consist of regional task forces designed to address concerns such as organized crime, illegal drugs, and terrorism.

With the dissolution of the USSR, each of the former republics retained a militia force. In the Russian Federation, efforts have been directed at improving the effectiveness of the force, with particular attention to combating street crime. Several strategies have been employed to achieve this goal. First, the militia has recruited and trained more officers. Second, because the quota of conscripts to the army has been reduced, young men can serve their compulsory duty by assisting the militia. Third, officers have been shifted from units that had a more-than-adequate staff, such as the motor vehicle inspectorate. Finally, the militia has been relieved of some order maintenance duties. For example, referring alcoholics to treatment has been assigned to the Ministry of Public Health, although the militia continues to remove them from the streets. The Ministry of Social Protection has assumed responsibility for placement centers for children. The militia also has been relieved of the duty to help people who have been released from prison find employment and housing. Finally, the duty to install and operate traffic signals has been assigned to local adminis - trations.

During the waning years of the Gorbachev era and since the dissolution of the Soviet Union, the militia has been the subject of reform efforts. In 1991, legislation, “On the Militia,” was passed that was designed to make the mission of the organization more

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transparent to the public. In 1996, a strategy was developed to reform the militia as it grappled with increased levels of crime and attempted to participate in the development of a democratic state and embrace the principles of the rule of law.

In 2011, another reform effort was undertaken. Unfortunately, the only notable change was that the militia was renamed politsia. It remains the principal department throughout the country for public safety and criminal investigations. It also contains special security forces. It has retained its militarized units that can work independently or with the military in combatting terrorism. Finally, politsia are responsible for policing extremist groups. At times, extremists have been very loosely defined to include those who oppose various government policies.

Unfortunately, the politsia has been one of the major disappointments at achieving reform, and some of the failure is not of its own making. There is a large-scale turnover within the organization among those who have the education, training, or skills to move into the more lucrative private sector. This is largely the result of poor working conditions, shortages of equipment, low pay, and limited career prospects of advancement.

While efforts have been made to introduce ideas about democratic policing and human rights concepts, they have not been very effective at this stage. These problems should not come as a significant surprise to those familiar with the difficulty of attempting to change the culture of an organization. This is especially the case in this context when the goal is to move an organization from a highly authoritarian approach to one that is based on democratic and rule-of-law principles. A number of officers had not accepted the rule-of- law principles, as illustrated by the considerable number of human rights abuses associated with the militia. Petty bribes and large-scale corruption have also been identified as serious problems confronting the organization. Obviously, low pay and an indifference to the rule of law contribute to these problems. Unfortunately, this situation leads to a lack of trust from the public (see Beck and Robertson, in Pridemore, 2005).

In spite of the well-publicized serious abuses by the police, the problems have not been addressed by the government’s reform efforts. The lack of professionalism, poor quality of training, significant employee problems with alcoholism, serious levels of corruption associated with bribes, and collaboration with organized crime continue to impact the image of the organization. Of particular concern has been the level of torture or ill treatment of real or alleged criminals. Two issues have been identified that contribute to this ongoing problem. First, the primary tool employed by Russian police investigators is to secure a confession, rather than collect evidence or interview witnesses. This approach is encouraged by the organization, because its main goal is to secure a high percentage of admissions of guilt at the pretrial stage of the process. Torture and other forms of ill treatment enhance the likelihood of a signed confession. Moreover, procurators, judges, and even defense attorneys have been known either to condone or ignore appeals that a person’s procedural rights were violated while detained under police custody.

The other issue associated in particular with the level of torture by police is often referred to as the “Chechen syndrome.” Following the dissolution of the Soviet Union, the republic of Chechnya sought its independence. Two wars were fought between Russia and the Chechens in1994–1996 and in 1999–2000. Russia ended up regaining control of the region, although they kept troops there until 2009 in light of anti-terrorist events. The police

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that were deployed to Chechnya during the conflict were redeployed to police civilian areas of Russia. A number of these officers suffered from post-traumatic stress disorders as a result of their posting in Chechnya. Left untreated, these officers have been identified as exacerbating the problem of abuse of people in police custody, in particular enhanced violence toward ethnic minorities (ACTA/ACTA-France, 2013).

Ultimately, a number of critics of the current situation in Russia have pointed out that the ability of police to use torture or other inappropriate tactics without a serious threat of sanctions is based on four factors. Essentially, each is a defect in the law that could be remedied. First, the Code of Criminal Procedure has enabled the use of torture techniques. Second, the Criminal Code has not defined torture adequately. Third, the Code of Criminal Procedure essentially discourages investigations of alleged abuse. Fourth, courts ignore complaints of victims during their trials (Levada Center, 2013). While each of these defects could be remedied and thus help to address the problems, there does not appear to be an interest on the part of the government to focus adequate attention on the issue.

Organization and Administration of Ancillary Forces

Soviet citizens were encouraged to mind other people’s business; one overt expression of this attitude was the extent to which the Soviet Union had implemented a series of ancillary police forces. They represented a third type of law enforcement system. As was spelled out in their Constitution, the Soviets had a penchant for stressing that citizen duties included protecting socialist property from theft and waste, defending the country, and promoting social order. The ancillary forces illustrated how these duties were translated into action, and they made a significant impact on law enforcement in the Soviet Union.

Volunteer guards were organized by workers, collective farmers, students, pensioners, and other groups. They were directed by the local soviet executive committee. Membership was limited to people who were at least 18 years old and who had been accepted by the guards. Ideally, the scheme was supposed to attract those people who were already model Soviet citizens. The volunteers were expected to perform their work within the limits of socialist law.

A statute updating the duties of the Voluntary People’s Guard was approved in 1974. These duties included “protecting public order, reporting or delivering alleged violators to the authorities, and assisting agents of the justice system.” The rural executives exemplified another type of ancillary force that has operated in villages since 1924. They consisted of people appointed by the local soviets who assisted the local militia in crime prevention, transporting people under arrest, guarding government property, and supervising health and fire safety. Housing administrators also assisted the militia, as they were the caretakers and watchers of government housing projects. One of their principal tasks was to maintain a register of all residents, which was turned over to the militia.

Finally, Soviet youth groups often provided the militia with auxiliary forces. This was primarily limited to the Komsomol (Young Communist League). Members of this group, ranging in age from 15 to 27, aspired to membership in the CPSU. Membership in Komsomol was limited to people who had been sponsored by other Komsomol members or members of the Communist Party. There were, however, two additional youth groups

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that accepted virtually all children. The Youth Octobrists accepted seven to 10 year olds, while the Pioneers was a group designed for children ranging in age from 10 to 15. All of these groups emphasized party doctrine and the importance of collective responsibility to the socialist society. In addition to this extensive auxiliary system, the KGB and the militia—like police throughout the world—relied upon an extensive network of informers who may or may not have been associated with one of these ancillary groups. Most of these ancillary groups ceased to exist with the collapse of the Soviet Union. Even before 1991, young people’s interest in joining the various youth groups was declining.

One area in which police volunteers may emerge without ties to a political party is in the large municipal areas of the Russian Federation. To illustrate, Moscow has established a new law enforcement organization called Volunteer Police Aides. This group is organized on a volunteer basis by people who live in the city, have reached the age of 18, and do not have a criminal record. Although these police aides will be under the authority of the mayor of Moscow, the goal is to have them work in close contact with law enforcement agencies. According to the municipal resolution that created the volunteer police aides, these aides are supposed to assist police in combating crime, help keep order on the city streets, offer crime-prevention seminars for citizens, and perform some of the functions that formerly were the responsibility of the militia. While they do not have the power to search, seize, or arrest, they do have the right to check documents, write up reports, and send lawbreakers to the appropriate agencies.

Legal Status

It has already been pointed out that the Soviet state placed the rule of law in a subordinate position to politics, which was determined by the Communist Party. The Party was ultimately responsible for establishing the policy and directives for the various law enforcement systems. Each force, in its own way, was concerned with assuring obedience to the collective social rights and obligations of the citizenry. The extrajudicial powers afforded the police, particularly the state security force, enabled them to perform their responsibilities and claim that it was being accomplished within the context of the Constitution of the USSR and the laws of the Soviet state.

The Soviets permitted violations of a person’s civil rights—something that is generally viewed as unacceptable in the West—if it would achieve obedience to the collective social rights and obligations. Until the waning years of its existence, this was not perceived as a significant issue inside the Soviet Union. One reason was that people respected and showed deference to power and authority. In addition, throughout their history, the Soviet people had been conditioned to expect the police to serve as the guardians of communist orthodoxy. When a person’s rights were violated, it was supposedly done with the intent of furthering the socialist cause—the preeminent goal to which all citizens were expected to subscribe (at least nominally). Thus, whatever process could further the Marxist–Leninist ideology was ultimately deemed politically and legally acceptable.

The legal status of the police, at least in theory, has changed dramatically in the Russian Federation. The democratization movement has drawn attention to the importance of government by rule of law. Initially, the leadership of the Russian Federation attempted to

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establish the legal foundations for a democratic system of government. The Constitution of the Russian Federation, which was adopted in 1993, is an illustration of that effort. What remains to be seen over time is the application of the theory in practice so that the police are conditioned to carry out their law enforcement and order maintenance duties within the law. Presently, reports from human rights groups within Russia and those of the international community suggest this is clearly not happening.

The Police and the Public

The politsia remains the principal regular police force responsible for daily law enforcement and order maintenance tasks. During the Soviet era, it suffered from a serious degree of inefficiency. Some of the reasons are familiar to people in the West. For example, part of the inefficiency was the result of having multiple law enforcement agencies that had overlapping or shared jurisdictions that were often hampered by bureaucratic infighting and a failure to coordinate information. Budgetary allocations favored the KGB over the militia, which prevented the militia from having a reasonable assurance that equipment such as automobiles and radios would work. It also kept them from having access to basic technology, such as computers. This lack of access hindered the militia in implementing modern proactive and reactive policing strategies.

In many cases, members of the militia had attempted originally to join the KGB. The militia was then their second choice, in the hope that they might still be able to improve their standard of living. In a country in which citizens were constantly confronted with shortages in basic necessities, the situation had a profound impact on the choices people made. Few recruits were guided by the idealistic desire to improve the socialist system or possibly even an interest in police work.

In light of the economic crisis that continues to confront Russia, budgetary problems persist for the politsia and have had an adverse impact on its effectiveness as the principal law enforcement agency for the country. Their equipment is often old (weapons and transport), in short supply (ammunition and transport), or nonexistent (handcuffs and flak jackets). They are no longer provided with special subsidized housing. Their wages are low and often not paid in a timely manner. Obviously, this situation has had an adverse impact on the morale of the officers and is not conducive to attracting the kind of new recruit that the politsia seeks as it attempts to change its image.

Under the Soviet system, police considered themselves above the law. People generally conformed to this arrangement because they had long paid deference to authority. With the advent of the Russian Federation, the people became vested with legal rights and the police became obliged to protect the people in the exercise of those rights. While this change in basic principles of governance should have a considerable impact over time on the relationships between the police and the public, one cannot expect it to happen immediately. For example, the significant increase in crime has caused officials to approve search and seizure strategies for law enforcement that infringe on some of these new legal rights. Segments of the population appear to support this strategy. As one Moscow shopkeeper put it, “the state used to protect us from harm, but it also kept us under control. Now, we have the freedom to be insecure” (Handelman, 1995). Some people have become weary of

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this kind of insecurity, especially in light of all the other kinds of uncertainties that people must confront on a daily basis.

In view of these facts, the relations between the police and the public are presented in the context of three issues: (1) recruitment and training, (2) crime prevention, and (3) the public perception of the police. Much of this information relates to the politsia rather than to the Federal Security Service, because information is more readily available on the former. In addition, it should be pointed out that several of the crime-prevention efforts were initiated during the Soviet regime and were considered worthy of continuation under the new political arrangement.

Recruitment and Training

Bureaucratic infighting and the lack of technological sophistication contributed to low morale in the militia. This was compounded by inefficiency in the recruitment and training process. By the late 1980s and throughout the 1990s, opportunities within the militia were not improving as they were in other ventures. As such, officers began to leave the service. This could not have happened at a more inopportune time, as crime in general and organized crime in particular had begun to flourish.

The Russian Federation’s Ministry of Internal Affairs has attempted to address some of these concerns, particularly in the area of recruitment and training. The politsia recruits people between 18 and 35 years of age who have completed a high school education and are physically fit. In the past, a significant proportion of recruits came from rural areas in the hope of securing a stable job and an improved standard of living. The recruit is also expected to have completed compulsory military service, although some are permitted to have their service in the politsia count as their compulsory service. Background checks on a recruit’s character and criminal history are mandatory, as is a psychological test.

Under the new structure, Russians are experiencing a new freedom of movement. Today, a recruit can apply anywhere in the country for a position with the politsia. There is an expectation that in time there will be a good deal of flexibility in transferring to another part of the country. In addition, the politsia is beginning to recruit some female officers for patrol, although most of them are assigned to work in an office or to specialize in working with juveniles.

The profile of a politsia officer emphasizes three characteristics: to be versed in law, to be skilled at patrol work, and to possess the qualities of a “military man” (Morn and Sergevnin, 1994). These characteristics have implications for the recruitment and training of politsia officers. In the past, an emphasis was placed on military traits, whereas today attempts are made to balance the attributes of each characteristic.

The Ministry of Internal Affairs has established more than 60 regional training centers that train politsia recruits and persons planning a career as a correctional officer. Basic training for the politsia recruit is usually four to six months. This is followed by another four-month probationary period that combines training and working at a police department. Basic training attempts to combine a mix of theory, technology, and practical education. This includes an elementary introduction to the study of ethics, history, Russian society, administrative law, criminal law, criminal procedure, criminology, and forensic medicine.

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In addition, a somewhat more concentrated effort at training is devoted to first aid, arrest procedures, self-defense, police driving, firearms, and physical training. Once basic training is completed, the recruit spends six months working on the streets under the guidance of a field training officer.

Politsia officers who aspire to a rank above that of first lieutenant must continue their training at one of the 17 politsia colleges. This is a two-year program that includes four areas of study. The social studies component includes courses on philosophy, history, economics, politics, social science, and basic law. The law component deals with such topics as administrative law, financial law, family law, criminal investigation, criminal procedure, correctional labor law, corrective labor psychology, court psychology, forensic science, and medicine. The skills component of the training focuses on police driving, criminal investigative photography, forensic science, self-defense, and firearms. A final component deals with military training. This explains why some recruits are able to fulfill their compulsory military obligation by entering the politsia. This two-year program also provides students with some basic practical training by having them spend time at local politsia offices. The successful graduate of the politsia college begins a career as a second lieutenant.

There are also 17 politsia universities. The politsia university consists of a four-year program that is similar to the politsia college, but has a greater emphasis on theory. The successful graduate of the university also begins a career as a second lieutenant but can be considered for promotion to the rank of colonel because of this university training.

Finally, those officers who aspire to the highest ranks within the politsia must gain entrance to the Academy of the Ministry of Internal Affairs. A candidate must be recommended to the Academy. This usually occurs if the person has been recommended to a high-level administrative post within the politsia or if the person is completing a doctorate degree from a university and is likely to be hired by one of the politsia colleges or universities. At the Academy, the emphasis is placed on the study of administration and management. The successful graduate is eligible for promotion within the politsia to the rank of general.

While Russia has established an extensive training program for officers who aspire to various levels of promotion within the politsia, a good deal of criticism has been directed at this scheme. For example, some of the training appears to be redundant, and it has been suggested that this could be reduced by abolishing the politsia colleges. Another concern is that more attention should be devoted to ethical and legal topics in light of the country’s move from a police state to one that is in the process of democratization. Finally, it has been suggested that the vast social and economic changes in the Russian Federation should lead to an overall evaluation of the relevance of the various training programs (Morn and Sergevnin, 1994).

Crime Prevention

Until 1989, the Soviet media did not publish crime statistics because the government did not divulge them. One reason frequently given for the absence of such information was the belief that by publishing such statistics the CPSU would be perceived as having failed in

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its efforts to create a socialist society. After all, Soviet citizens had been led to believe that crime was a product of the capitalist economic system. It follows from this line of thinking that money would not be forthcoming to support criminal justice in general and crime- prevention techniques in particular because crime would diminish naturally as socialism reached its mature form. Even if the government had been willing to release the information, it probably would have been inaccurate. The size of the country, the poor communications network, and the unwillingness of local officials to admit the existence of a high level of criminality were cited as distorting factors (Zeldes, 1981).

Although local officials remained reluctant to discuss the level of crime with citizens of a particular community, senior government officials began to express their frank concerns to the nation as a whole. During his brief tenure as general secretary, Yuri Andropov initiated extensive investigations into corruption on the part of government officials. Gorbachev’s policies of glasnost and perestroika further heightened both the identification of instances of corruption in government and the public’s awareness of the role of law enforcement in combating it. The process of investigating inefficiency in government and industry uncovered cases of white-collar crime. Moreover, Soviet law enforcement personnel, which had long been suspected of corruption, had their image tarnished by the number of officers dismissed on corruption charges. For example, 161,000 officers under the jurisdiction of the Ministry of Internal Affairs were dismissed between 1983 and 1985 (Dobek and Laird, 1990). The number of dismissed officers continued to rise. One expert on the Soviet Union suggested that approximately 15 percent of the militia had been dismissed as a result of this anti-corruption campaign (Shelley, 1990b).

Gorbachev’s policies led to the publication of Soviet crime statistics for the first time. Data from the period between 1985 and 1989 illustrate why government officials were concerned about the level of crime throughout the Soviet Union. During that period, the number of registered crimes increased by 18 percent (from 2,083,501 to 2,461,692). Specifically, murders and attempted murders increased by 15 percent, serious bodily injury by 34 percent, robbery by 82 percent, and crimes committed by gangs by 20 percent. In 1991, the last year that the Soviet Union existed, the number of registered crimes was 3,102,748, which represented an 11 percent increase over the previous year (Serio, 1992).

After Gorbachev assumed the position of general secretary, he attempted to address the problem of alcohol abuse, a major contributor to a number of social ills, including crime. For several years, the government had undertaken campaigns to curb alcohol consumption, but Gorbachev enhanced the campaign. Alcohol was considered a key factor in the poor productivity of Soviet industries, it was a major cause of traffic accidents, and it was cited as the principal cause of hooliganism. “Hooliganism” was a term used to describe a number of offenses, such as disorderly conduct, vandalism, and minor assaults.

The minister of internal affairs for the Soviet Union also commented on the nature of the crime problem (Fedorchuk, 1985–1986). Among the concerns cited were the ineffective - ness of attempts at reducing embezzlement and theft of state and public property. He pointed out that the level of juvenile crime was increasing. Such a trend, however, may be partly explained by improved efforts of law enforcement in concentrating on juvenile delinquency, which in turn caused an increase in recorded crimes committed by juveniles. The minister

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also addressed the perennial problem of alcohol abuse by noting that 43 percent of all crimes were linked to drunkenness. In some cases, such as those of hooliganism and vandalism, the percentage rose to between 70 and 80 percent. Moreover, two-thirds of all murders and serious assaults were related to alcohol abuse.

Authorities in the Russian Federation continued to report increases in the level of criminal activity. For example, there was an 18 percent increase in the amount of crime recorded from 1990 through 1991. In that comparison, robberies rose by about 33 percent, while thefts grew by approximately 50 percent. The level of crime continued to be a very serious problem throughout 1992. For example, premeditated murders increased by 40 percent, and assaults and robberies rose by 60 percent over the 1991 figures.

Within the Russian Federation, illegal drug abuse is joining alcohol consumption as a serious problem. Black markets are flourishing in narcotics, tobacco products, and weapons. Counterfeiting is also widespread, and there is a growing concern over the theft and resale of cultural and art items. The degree of concern about crime has increased significantly among citizens. When asked in 1991 if the army and police should jointly patrol the streets of Moscow, 46.3 percent of the respondents said yes. One year later, 53.3 percent of the respondents agreed with the idea. In an opinion poll conducted in 1993, people indicated that they wanted tougher legislation and measures against criminals. Moreover, in a series of surveys on crime in Russia, Izvestia reported that people were as worried about the level of crime as they were about inflation and the rise in prices of consumer goods.

In 1992, the government identified 4,000 organized crime groups, of which 1,000 had interregional or international connections. A good deal of attention has been directed at the issue of organized crime in Russia (Handelman, 1995; Oleinik, 2003; Smith, 1996; Wodel in Pridemore, 2005; Williams, 1997). It is interesting to note that an organized criminal underworld with codes of honor and rituals, not unlike that of the mafia, existed in Russia long before the Bolshevik Revolution in 1917. Throughout the Soviet era, organized crime was an important force in the black market economy, and the leaders of these criminal enterprises frequently directed their operations from prison. Government bureaucrats, including those associated with criminal justice agencies, were aware of this relationship and allowed it to flourish. In some cases, particularly during those years leading up to the demise of the Soviet Union, bureaucrats participated in black-market enterprises.

It has been suggested that with the collapse of communism and the dissolution of the Soviet Union, organized crime was poised to fill a void. For example, amidst the insecurity and disorder confronting Russia, organized crime has been able to impose order in some sectors of the society where government agencies have failed. In addition, while organized crime in the West is usually involved with the supply of illicit goods and services, that kind of association is sometimes blurred in Russia. In the context of Soviet law, organized crime was involved in a variety of business enterprises that were deemed illegal, such as extortion and creating a competitive open market within the economy. While extortion remains illegal, the techniques for developing a market economy are considered legal for the most part. At issue is the lack of clarity in law as to which practices are legal or illegal. Under these circum stances, both the legal and illegal prospects for organized crime are enhanced further. This situation impedes and frustrates the crime-prevention efforts of law enforcement. It has been suggested that the ascendancy of organized crime and the pervasive

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impact it has had on social and economic conditions throughout the country has disturbed the public more than many of the other problems that they are confronting.

The Ministry of Internal Affairs estimated that approximately 450 organized crime groups were in operation in 2007, with about 12,000 people involved in their criminal enterprises. It is interesting to note that the number of organized crime groups has declined from those cited in the early 1990s. It has been suggested that this could be attributed to several factors, such as improved data collection, a clearer understanding of what constitutes an organized crime group, and the consolidation of such organizations. Moreover, it was pointed out earlier that corruption can be found throughout several state institutions, with the police always associated with these organizations. With regard to corruption and organized crime groups, it has been suggested that one enterprise that police have taken over from local gangsters is the protection business. It is generally believed that this was prompted by the extremely low salaries of police officers and the need to supplement their income, especially in light of the dramatic changes in the Russian economic system (Serio, 2008).

In a report issued in 1997, the Ministry of Internal Affairs offered its assessment of the crime problem in the country. One of the most significant issues confronting the government is the inability to collect revenues to which it is entitled. The number of companies that are not paying taxes has been a serious concern for some time, and these numbers continue to increase. This problem is facilitated to some extent by the serious problem of corruption at both the central and local levels of government. The ministry also points out that banks have been crippled by embezzlement, bribes, and various fraudulent practices, as have pension funds and the insurance industry. Another problem is the amount of counterfeit currency, both domestic and foreign, and various state securities that are in circulation. It has been suggested by some Russian scholars that the nature and degree to which some of these economic crimes have proliferated was due in part to the lack of experience among senior government officials in understanding how market economies function.

In light of the economic hardships confronting so many people, the ministry acknowledges that more people are involved in illegal activities. For example, 1,618,000 people were charged with a criminal offense in 1996; of these, 1.25 million were first-time offenders. The vast majority of offenders were guilty of theft, with residential burglaries the most common crime. This led to further expansion in the private security industry. The government is also concerned with the large quantities of firearms and explosive devices that are in circulation. Finally, public indifference to law and order is reflected in the level of alcohol and other drug abuse. The problem of alcohol consumption has been a long- standing problem in Russia and was mentioned earlier. The ministry presently estimates that more than 36 percent of the people charged with a crime were under the influence of alcohol, while 15 percent were under the influence of another type of drug or toxic substance (see Gavrilova et al. and Paoli, in Pridemore, 2005). The consumption of narcotics by injection has led to a serious public health problem in Russia. The World Health Organization estimates that three out of every four Russians infected with HIV/AIDS is a narcotic addict between 17 and 30 years of age (see Butler, in Pridemore, 2005).

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Public Perceptions of Police

Like crime statistics, accurate information about the extent to which Soviet citizens had official contact with police also has been lacking. It was suggested that the average citizen did not have much personal contact (if any) with the KGB, because most citizens were not involved in the overthrow of their government. People in the West were sometimes given a distorted view of the extent to which the KGB intruded on people’s lives. A political dissident had some justifiable fears, but most Soviet citizens were nonpolitical. The KGB, however, did maintain a vigilant watch over people through the dossiers they possessed on them.

KGB contact with the general public was minimal outside the confines of the job. KGB agents lived in separate apartment complexes and had privileges of shopping at special government stores. The manner in which KGB agents were afforded better living accommodations and other perquisites reflected just one aspect of the rank-conscious class structure evident in the Soviet Union. Citizens were more apt to have contact with members of the militia or the Voluntary People’s Guard, for these were the forces that were principally responsible for daily law enforcement and order-maintenance efforts.

Because the communist ideology had been the official doctrine of the state for most of the century, people reacted in different ways when it collapsed. Some felt a sense of loss, others felt relief, and yet others still felt a good deal of apathy toward politics. Irrespective of one’s view of communism and the collapse of the Soviet Union, it was inevitable that many would be frustrated with their current circumstances. While the world learns through the media of the many incidents of instability at the national political level, there are countless circumstances of instability on an individualized personal level. One commentator has suggested that, above all, in Russia, there is a lack of the legal, ethical, and psychological bases necessary for the establishment of new market relations. Until a fundamental change occurs, the sense of loss and feelings of instability are likely to continue (see Ivanov, in Isham, 1995).

There is also widespread skepticism of the government’s ability to deal with such issues as poverty, welfare, and crime. According to one commentator, the absence of a strong centralized authority, to which Russian citizens had long been accustomed, has created two differing perceptions. The absence of authority has expanded the amount of freedom experienced by citizens, though this is often falsely attributed to democracy. On the other hand, the level of violence that has been occurring in Russia can also be attributed to the absence of a strong centralized government (see Dragunskii, in Isham, 1995).

It has been suggested that a dislike of state authority, either because of what it once was or because of what it has become, impacts on how all state employees are perceived by the public. Presently, law enforcement officers have one of the lowest ratings among the public-sector agencies (see Filatov and Vorontsova, in Isham, 1995). According to a report issued in 2008 by the Russian Public Opinion Research Centre, the traffic police in particular and the police in general were considered among the most corrupt institutions by the public (Transparency International, 2009).

It is generally assumed that part of the reason for this low rating is the rather ineffective record of police at controlling crime and the low expectation that people have that they can

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effectively address terrorist threats. In addition, while police violence toward civilians is not new, there has been an enhanced reporting of cases of aggressive policing that involved the beating, shooting, and torture of civilians. As such, it has been suggested that a clear majority of the public distrust the police. As mentioned earlier, growing cynicism on the part of law enforcement officers has led some to be corrupted by the very organized crime elements that they are expected to pursue.

JUDICIARY When a state proclaims that it is subject to its own laws, it usually supports the validity of that proclamation by guaranteeing an impartial and independent judiciary. The Russian Federation is in the throes of transforming its judicial machinery so that it can assure its citizens that the state is, indeed, subject to its own laws. As is the case with so much of the Russian justice system, the judiciary is undergoing incremental reforms. In some instances, significant change has been introduced; in others, the proposed reforms remain largely on the drawing board. In those instances in which reform has been introduced, a word of caution is in order: the introduction of reform does not necessarily mean that it will be implemented in a timely manner—or, perhaps, at all.

Throughout the era of the Soviet Union, the basic principles associated with the administration of justice were the reverse of those found in a democratic society. Just as the Soviet police were subject to the dictates of the Communist Party, members of the judiciary were also expected to comply with the wishes of the party and the state. Thus, the notion of an impartial and independent judiciary was essentially absent.

It should be noted that during the Soviet era the judicial structure retained many of the characteristics that were in place before the Bolshevik Revolution of 1917. These characteristics were similar to those found in the Romano-Germanic law countries on the continent of Europe. The reasons for these similarities were twofold. First, although Russia was characterized as a backward country until the twentieth century, there were enlightened tsars who occasionally attempted to modernize the state administrative apparatus. From at least the sixteenth century into the eighteenth century, a number of tsars borrowed legal principles and administrative mechanisms from the West. The French model was the one that was principally emulated. Thus, a Russian version of the Romano- Germanic legal system and its accompanying judicial mechanisms were in place before the 1917 Revolution.

Admittedly, the composition and purpose of the judiciary changed following the Revolution, but in a number of respects, its form was strikingly similar to what had evolved on the continent of Western Europe. In some respects, this became even more pronounced after the end of World War II. As a result, some legal scholars questioned treating the socialist legal system as a separate legal family. They argued, not without justification, that socialist law was merely an aberration of the Romano-Germanic law family. Other legal scholars maintained that the Soviet legal system was a distinct family and should be treated as such. What made it distinct was not its form but rather the substance of the law and the purpose of its legal mechanisms.

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this will help reduce the degree of corruption among government officials throughout the country, which has been an issue of significant concern for some time.

While a number of issues mentioned in this section are useful in helping to understand China’s approach to criminal justice, none is more important than how law has been viewed in the establishment and development of the People’s Republic of China. People from the West take for granted that a country’s legal system profoundly influences the criminal justice system, for it is law that is at the heart of the justice process. In the case of China, however, the context is significantly different. Law and the various components of the criminal justice system have been viewed in a strikingly different fashion.

It is important to remember that when the People’s Republic of China was established in 1949 the leaders of the Communist Party abolished the laws that had been established by the Kuomintang Party during the period of the Republic of China (1912–1949). The Communists intended to create a new government that would be based on a socialist legal system. While some law was passed during the early years of the new government, most notably the 1954 Constitution of the People’s Republic of China, a good deal of legislation languished in draft form (for example, criminal law and criminal procedural law). The activities of the Cultural Revolution (1966–1976) halted all efforts to enact legislation and even attacked those components of the justice system that were responsible for maintaining law and order.

The attitude toward law changed markedly following the death of Mao Zedong and the emergence of Deng Xiaoping as leader. Since the late 1970s, law has been viewed as a vehicle that could enhance and stabilize the country’s efforts at creating a socialist democracy. With the enactment of a criminal law and a criminal procedural law in 1979, the People’s Republic of China established the first criminal justice legal standard in its 30-year history.

Finally, in studying the Chinese justice system, it is important to remember that China has essentially two kinds of justice systems. One is the formal system, which is the creation of the government and will be the principal focus of attention in this chapter. The other is the informal system, which is essentially part of the cultural tradition of the country that dates back to ancient times. It is reflected in communities taking an active role in assuring that social order is maintained locally and in the preference of citizens to utilize mediation rather than allow the courts to resolve disputes. As China has become a more market-oriented economy and embraced modernization in a variety of ways, aspects of the informal system are at risk of declining in significance and may eventually be eliminated altogether.

POLICE As was suggested earlier, the considerable interest in China over the last two decades of the twentieth century was prompted by its emergence from a period of prolonged, self- imposed isolation from the rest of the world and the establishment of an open-door policy, in particular toward the West. This change in attitude was initiated by the government’s desire to modernize the country through economic development. Over the course of the initial phase of this economic transformation, the country witnessed a significant increase

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in crime. Initially, the increase was most pronounced in the special economic zones that were established by the government to experiment with and promote economic development, but the problem has since spread to other parts of the country as well.

Crime statistics collected by the police are frequently flawed irrespective of the country being studied. Victim surveys often illustrate that crime is a more serious and common problem than the police data suggest. In the Chinese context, the problem of underrecording crime has long been associated with the lack of transparency in the methods employed in collecting the data. More recently it has also been associated with the social and organizational pressures that the police have had to confront as a result of the changes in the economy (Yu and Zhang, 1999). With this caution in mind, one scholar cited data from the Institute of Public Security, which is part of the Ministry of Public Security. It estimated that the national crime rate had risen 7.3 percent between 1978 and 1982, that it had grown 11.5 percent between 1984 and 1988, and that it had increased to 45.1 percent between 1989 and 1991 (Dai, 1994). Another study, also based on official data, suggested that the overall crime rate increased by 160 percent between 1980 and 1990 (Ma, 1997).

More recently, the Ministry of Public Security provided nationwide data on criminal cases that were reported. The number of cases reported to the police in 2000 was 3,637,307. This figure rose to 4,337,036 in 2002 and continued to increase to 4,648,401 by 2005 (Ministry of Public Security, 2005 and 2006). In 2008, the number of cases reached 4,884,960, which was an increase from 4,807,517 reported in 2007 (Ministry of Public Security, 2009). Scholars have argued for some time now that the increased level of crime across China can be attributed directly to the inequalities that have emerged as a result of the economic reforms. This has led to serious disparities of income that were unheard of until Deng Xiaoping introduced his economic reform initiative (see Cao and Dai, in Liu, Zhang, and Messner, 1994; Friday, 1998).

Data from the ministry appear to support this position. In 2008, the largest volume of cases among the most serious offenses was for the most part associated with crimes against property: theft (3,399,600), burglary (1,095,785), auto theft (641,490), and robbery (276,372). Crimes against the person tend to attract the headlines in the Western media and cause the most alarm among the public. In 2008, the number of these offenses reported in China was very small: homicide (14,811), rape (30,248), and assault (160,429). Moreover, there was a decline in the reporting of each of these offenses from the previous year.

More recently, cases reported to the police in 2013 indicate both some decreases and increases from the 2008 figures. For example, the more serious cases of crimes against property were as follows: theft (2,557,662), burglary (1,357,600), auto theft (645,152), and robbery (146,193). Figures for crimes against the person indicate a reduction in homicide (10,640), but increases in rape (34,102) and assault (161,910). The total number of cases reported for the year was 6,598,247 (Law Year Book of China, 2014).

It is important to keep in mind that the total rate of crime in China is not reflected in the official published rates. One reason was mentioned briefly in the introduction, which pointed out that China has an informal justice system in addition to the formal system. The informal system is part of the country’s cultural tradition that dates back to ancient times. The informal system encourages people to settle disputes privately, in part because the Chinese have historically tended to avoid formal legal procedures. In addition, neighborhood

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committees established with the Communist regime frequently served as a mechanism to reduce conflicts between neighbors and domestic tensions between parents or parents and children.

A final reason for examining the official crime statistics with caution is that there is a group of offenses for which data is collected but does not become part of the statistics on criminal cases. These are the public order offenses that are handled exclusively by the police. Although now written as administrative regulations, this is also part of the informal justice system. It allows the police to arrest, detain, try, and impose sanctions on people who have committed public order violations. Thus, there is no formal prosecution or trial.

More will be said about police powers and the administrative regulations in other sections of this chapter. For our present purposes, it is important to note that public order cases include disturbing the peace, gang fights, carrying a weapon or explosives, minor assault, minor thefts, vandalism, prostitution, gambling offenses, and not complying with the household registration system. In 2000, the nationwide total of public order cases reported was 4,437,417. In 2004, this figure rose to 6,647,724, and in 2008, it had reached 9,411,956. Among the most frequently reported public order offenses were battering other persons (2,917,872), minor theft (2,022,238), disturbing the peace (449,972), and gambling (344,218). By way of comparison, in 2013, the figure for battering other persons (4,119,105) increased significantly, while more modest rises occurred with numbers for minor theft (2,161,720), disturbing the peace (464,682), and gambling (393,829).

When crime has increased in the West, the police have often been criticized for allowing the situation to arise in the first place, and they have been blamed for not expeditiously bringing the problem under control. The Chinese police have not escaped the same criticism. For their part, the police have made concerted efforts to address the problem, particularly in the special economic zones. For example, they have initiated campaigns that target criminal gangs; they have been especially attentive to the security needs of foreign businesses; and they have enhanced border security (Zhihua, 1993). In spite of these efforts, however, there appears to be a general agreement that the police need to adapt, both organizationally and individually, to the social and economic circumstances that are changing the country in such a dramatic fashion. To appreciate the dilemma confronting law enforcement in this regard, it is useful to consider briefly the historical development of the police.

Throughout its history, China has experienced periods of order and profound periods of disorder. Each period has obviously had an impact on how the state defined public security, how society perceived the need for social order, and how the police implemented their law enforcement and order maintenance functions. During the twentieth century, periods of order had been marked by the state’s attempt to stress the significant role of law in the maintenance of political, social, and economic order. Periods of disorder had been noted for an absence of law and the ascendance of ideology serving a dominant role in state governance.

To illustrate, at the conclusion of World War II, China was subjected to civil war between two rival factions for control of the country. The Kuomintang (or Nationalist Party) espoused the democratic ideals that helped establish the Republic of China in 1912, while the Chinese Communist Party sought to introduce a socialist agenda that was based on the

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principles of Marx and Lenin. Throughout the civil war (1945–1949), the Communists established large base areas that were beyond the control of the Kuomintang. Amid the disorder of civil war, the Communists developed a system of government at the base areas that included creating laws and establishing a system of police.

Policing tended to be the responsibility of three groups. Public security forces were responsible for basic police functions in the secure base areas, which included the detection of those in opposition to the Communist agenda. Militia groups monitored the border regions of the territories occupied by the Communists, which included the identification and pursuit of spies. Finally, the Communists could turn to the People’s Liberation Army (PLA), which was the military wing of the Chinese Communist Party, as an additional method of assuring public order. It is important to note that the public security forces established at base areas were primarily composed of people recruited from either the PLA or militia groups.

Another significant issue that emerged at this time and had implications for public security was the importance that Mao Zedong placed on the “mass line.” The mass line was a theoretical perspective espoused by Mao that was based on the premise that the role of bureaucratic elites in government decision making should be reduced significantly and at times replaced by the direct involvement of the people. Thus, government officials, as servants of the people, should be guided by the public because the people are the true supervisors of the officials. For this perspective to work in any practical manner, officials had to collect and interpret the views of the people and then synthesize them into a coherent policy.

The mass line is an important concept for understanding how China approached public security, particularly under Mao’s leadership. During periods of order, the police were able for the most part to control the mass line process by determining what the wishes of the people were. In times of disorder, however, the mass line enhanced considerably the notion of an arbitrary “popular” justice at the expense of a more predictable “bureaucratic” form of justice. As a result, more excessive applications of the mass line often perpetuated imbalance and increased disorder in the country. Mao considered this a positive feature of his approach to establishing a communist society (see Bracey, in Troyer, Clark, and Rojek, 1989; Brewer et al., 1996).

Following the Communists’ victory over the Kuomintang in 1949, the People’s Republic of China was established. During the following four years, there was a good deal of turmoil throughout the country. Supporters of the Kuomintang attempted to resist the new government. Groups that were not necessarily opposed to the Communists rioted in protest over some of the policies the government was attempting to implement. China’s involvement in the Korean War caused others to raise doubts about the permanency of the Communist government.

Because of the level of dissent and the degree of disturbance, the public security forces continued to rely on the assistance and support of the militia and the PLA. This period of disorder prevented the public security forces from establishing an organizational structure for police that was independent from other government entities. It also inhibited the development of policies for an effective and efficient management of the police organization. Moreover, the mass line played a prominent role at the time in compounding the problems

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of order maintenance. As the Communists exercised their newly won political power, they used the mass line to determine those who were criminals and those who were counter - revolutionaries.

From a law enforcement perspective, the period between 1954 and 1966 was charac - terized as fairly stable and orderly. Of course, there were some exceptions. For example, the Anti-Rightist Campaign (1957–1958) disrupted the lives of China’s intellectuals, and the Great Leap Forward (1958–1960) created economic disorder and chaos in the lives of large sectors of the population. Nevertheless, several factors helped to foster a somewhat tranquil time for the police. They included a considerable reduction in internal dissent, an end to the Korean War, and the introduction of the First Five-Year Economic Plan (1953), which was designed not only to improve the economy but also to assure social stability.

For criminal justice in general and policing in particular, this period was marked by the government acknowledging the significant role that the codification of law could have in establishing a stable society. The aim was to create standard predictable policies and practices. To illustrate, the first constitution of the People’s Republic of China was approved in 1954. It would influence the creation and application of police procedures. With regard to criminal procedures in general, a clear division of responsibility was emerg - ing among police, procurators, and the courts. While the Communist Party wielded the ultimate authority, an attempt was made to establish order within a legal context, rather than permit ideological whims of the moment to control the development of policies.

In light of the emergence of these formal standards, there was less emphasis placed on the role of the informal mass line approach for assuring justice. In addition, there was a recognition not only of the importance placed on recruiting people to perform public security work but also in training them. Thus, an effort was made to establish a professional group of public security officers. As a result, the PLA’s role in law enforcement and order maintenance declined significantly during this period.

This time of relative calm ended with the inception of the Cultural Revolution (1966–1976), one of the most horrendous periods in recent Chinese history. As mentioned earlier, the Cultural Revolution was Mao Zedong’s radical attempt to reform the Chinese Communist Party. He wanted to destroy old ideas, customs, and habits. His method of achieving this was to create a state of disorder throughout the country by mobilizing young activists, known as Red Guards, to support revolution and the class struggle within Chinese society.

During the early phase of the Revolution (1966–1969), which is generally considered the most destructive, government officials were attacked, relieved of their duties, and sent to work on farms or in factories. The goal was to eradicate their bourgeois attitudes through manual labor. Senior police officials were among the government officials attacked and exiled; police stations and courts were taken over by the Red Guards. Law and order was replaced by ideology and disorder, which was reflected in a total allegiance to Mao Zedong and his pronouncements. Local police were placed under even closer scrutiny by local Communist Party officials, and the significance of the mass line was renewed, which further eroded the sense of order.

The Cultural Revolution caused chaos within the ranks of the Communist Party and throughout various levels of government, in part because veteran government officials were

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sent to the countryside to perform manual labor. The state of disorder escalated further because some of the activities of the Red Guards were not unlike those of gangs of street thugs. By 1967, it was clear that something had to be done to address the problem. Mao Zedong called upon the People’s Liberation Army (PLA) to reinstate some sense of order. They provided this kind of service until the end of the Cultural Revolution, at which time they resumed their military role on a full-time basis.

The Cultural Revolution came to an end in 1976 with the death of Mao Zedong. The “Gang of Four,” the principal leaders of the Cultural Revolution, were arrested and subsequently tried and convicted for many of the atrocities committed during the Revolution. With Deng Xiaoping’s ascendance to power, China embarked upon a new era that was considerably different from the previous period of turmoil. Deng’s goal was to modernize Chinese society by abandoning its isolationist policy and opening its doors to the West so it could acquire the requisite knowledge and technology to transform China into a modern country.

In order to achieve his objective, Deng recognized the need to establish a stable society. He began by making distinctions between the role of the Communist Party and that of the state. Although ideology was important to perpetuate the communist cause, it was being displaced from the center stage by pragmatic views regarding how best to modernize Chinese society. Deng further admitted that the rule of law had a central role to play in the modernization process, and he introduced initiatives to reform China’s legal system. He also acknowledged the importance of maintaining good public order. As such, the police were brought back, with their responsibilities enhanced and their expertise acknowledged as playing a vital role in assuring the success of China’s transformation into a modern society.

As a result of Deng’s initiative, the police have entered a phase in which law and order has superseded ideology and disorder. Moreover, the police have had to adapt to the changing social and economic circumstances of the country. One practical example of this was the passage of the Police Law 1995, which explains the organization, duties, and authority of the principal police agencies in China. The distinctions of authority among the principal police agencies and the specialized police forces is another illustration that stability and order are being achieved through the maintenance of distinct organizations with expertise in and responsibility for specific aspects of policing. In addition, since the late 1970s, the police have had to become more accountable to procurators when detaining people for serious crimes. In cases of less serious offenses, however, the police are given a good deal of authority that is independent from the formal legal system.

Organization and Administration of the Chinese Police

The Chinese have established five distinct police organizations. They include public security, state security, judicial police for the people’s procurator, judicial police in the people’s courts, and prison police. The public security police receive the greatest focus of attention in this chapter because the breadth and depth of their law enforcement and order maintenance responsibilities mirror those found in traditional police forces throughout the world. From an organizational perspective, one of the more interesting features about the Chinese police

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is that they are administered at times by more than one government authority. For example, some police forces are responsible to more than one government ministry, while other police forces may be accountable to directives from both central and local governments.

Ministry of Public Security

The Ministry of Public Security is one of the most important ministries within the State Council. It is headed by a civilian politician. The Ministry is ultimately responsible for approximately 1.4 million police personnel, of which roughly one-half are armed. Police responsibilities were reorganized in 1984 to improve efficiency and effectiveness. At the time, the Ministry of Public Security was charged with law and order, traffic safety, and fire control. The Ministry’s responsibilities have been refined further under the Police Law 1995. By examining the operational divisions in the organizational chart (see Figure 6.2), the reader is provided some understanding of the breadth of the responsibilities assigned to the Ministry of Public Security.

The uniformed patrol division provides basic police services. These officers are found throughout the country and are most visible in large and medium-size cities. These patrol units are used to maintain daily public order, to assist with crime-prevention measures, to control parades and demonstrations, and to supervise certain businesses and industries in order to control and prevent specific kinds of criminal activities. The businesses singled out for such attention include car rental companies, hotels, pawn shops, printing companies, and scrap metal dealers. While uniformed police patrol on foot, they also have mobile patrol units that improve the response time to certain calls. This has become more important as China has introduced a 110 emergency phone-call service.

While many uniformed patrol officers do not carry a firearm, more officers are being armed in recent years, mainly in response to instances in which citizens have been attacked

Ministry of Public Security

Other Police Agencies

• Railway Police • Navigation Police • Civil Aviation Police • Forestry Police

Administrative Divisions

• Commission of Disciplinary Inspection

• Political Department

Operational Divisions

• Uniform Patrol • Criminal Investigation • Security Administration • Residence Administration • Road Traffic Administration • Fire Control • Counter-Terrorism • Exit and Entry Control • Border Control • VIP Security • Pre-trial Interrogation • Computer Management

FIGURE 6.2 | Organization of the Public Security Police

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in public spaces, and in some instances killed, by knife-wielding attackers, which the government has labeled as terrorists. While armed police are called to the scene of such incidents, they often respond after the incident is over. Civilians are not allowed to have guns. Two concerns are raised in light of these developments: (1) whether the officers have been adequately trained in the use of their firearms and (2) the possibility of police abuse with their weapons.

The criminal investigation division is responsible for the investigation of all serious crimes. These units have long been responsive to needs such as pursuing fugitives and eliminating criminal gangs. In light of the rapid development of the economy, these units have had to increase attention to types of criminal behavior that were not as prevalent before the social and economic changes. Theft has become a particular problem, including bank robberies, car thefts, and various kinds of fraud. Public security agencies throughout the country have targeted counterfeiters, underground banks, and tax-related criminal activities. Also receiving special attention are smugglers in general and drug traffickers in particular.

Security administration is involved with a host of preventive policing issues. One mandate is directed at combating economic crime. This has taken the form of providing security at financial institutions and other state enterprises involved with the economy. The security police also address the law enforcement and order maintenance needs of various cultural and educational institutions. Finally, security police are responsible for establishing Community Service Commissions (CSCs). The CSCs are groups composed of citizens who assist police in crime, fire, and accident prevention. More will be said about the role of CSCs later in this section.

The residence administration division is responsible for maintaining the household registration system. This system has been in place for a long time as a method of taking the census. It was designed to control the population by requiring that people stay in the place where their household registration is held. Under this scheme, everyone is expected to register their place of residence with the local police. Neighborhood committees, an earlier version of the CSCs, assisted police in monitoring the registration system. For many years, this system assisted the police in controlling the activities of criminals, in particular, criminal gangs. It also prevented people in rural areas from moving to urban areas.

In light of the recent economic changes that China has experienced, many people who lived in rural areas have started to move to urban areas in search of employment. As a result, a transient or floating unregistered population has developed that complicates the work of police involved with residence administration. Estimates of the size of the floating population have ranged from 50 million to 100 million people. Obviously, a transient population of this size poses social instability concerns for the government. The household registration system and the neighborhood committees were central features of the Chinese approach to maintaining public order and security. With this traditional approach breaking down, the government adopted reforms that targeted the problem of the floating population in particular. Personal identification cards were introduced that enabled people moving from rural to urban areas to secure temporary residence permits legitimately. Landlords and employers of these people are expected to assist public security agencies with monitoring this population.

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Presently, 54 percent of China’s population live in cities, but only 36 percent qualify as legal residences under the household registration system, which is based on where a person is born. The government estimates that by 2020, cities will house 60 percent of the country’s population because this is where the jobs are. In light of this, they recently announced a plan to grant 100 million rural migrants permanent residency status. This will raise to 45 percent the number of urban dwellers who have the appropriate household registration document, which is referred to as a hukou. The significance of this change is that migrants who are issued a hukou will be able to avail themselves of social services in their urban areas.

Road traffic administration has become a particularly acute concern in recent years. Before the introduction of policies to modernize the economy, the principal methods of transportation in urban areas of China were public transportation, bicycles, or walking. While these modes of transportation remain important, improved economic conditions have created a significant growth in the taxi industry and in the number of privately owned automobiles. This has led, in turn, to a significant increase in the number of traffic accidents. The road traffic administration has attempted to address some of the issues associated with this problem. They have standardized the enforcement of traffic laws to assure a uniform policy, improved the quality of traffic signals to reduce congestion and the quantity of road markings to improve safety, and introduced a campaign to encourage the public to adhere to traffic laws. They have focused attention on overloaded commercial vehicles, because of the dangers they pose on the highways. They have also become more aggressive at suspending or revoking the driver’s licenses of habitual violators of the traffic laws. In addition, more examiners are now available to train and assess the skills of people seeking a driver’s license.

Public security police are also responsible for fire control. The police fire brigade is responsible for fire supervision, firefighting, and rescue in times of disaster. They oversee the construction of high-rise buildings, hotels, markets, places for public entertainment, and warehouses storing dangerous materials in order to assure that they are up to code. They also inspect these facilities in order to ensure that they adhere to fire prevention laws and participate in campaigns to improve fire safety.

The exit and entry control division is responsible for matters related to immigration and the issuance of passports and visas. Methods have been introduced to streamline the process for Chinese citizens attempting to go abroad and for foreigners seeking to enter the country as visitors.

The border control division has an important role to play in the overall security needs of the country. China shares land borders with 14 countries and has an extensive coastline along the Yellow Sea, East China Sea, and South China Sea. The border control inspects all vehicles, vessels, planes, and trains that enter Chinese territory. They also guard the borders, frontiers, and coastlines and develop specific operations to target illegal activities, such as drug and gun trafficking. Other illegal operations dealt with include smuggling CDs, car parts, and cigarettes. The border control also responds to emergency calls from fishermen.

The counterterrorism division has been upgraded in recent years. There has been a concerted effort to improve the capabilities to prevent terrorist incidents and the capacity

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to respond in an effective manner within the country. Moreover, China is participating in efforts to establish cooperative ventures in dealing with this problem throughout the international community.

The VIP Security Bureau is responsible for the protection of officials of the Chinese Communist Party and the government, as well as for the security needs of foreign guests. The Bureau also handles security matters for significant meetings and important international conferences.

The Pre-trial Interrogation Bureau has two general kinds of responsibilities. The Chinese Procedural Code limits to 24 hours the length of time a person can be held in custody prior to the start of an interrogation; it also indicates that a decision to arrest a person who is being detained must be made within three days. In these circumstances, the Pre-trial Interrogation Bureau is concerned with determining if the criminal case is of sufficient quality to bind it over to a procurator. The Bureau is also responsible for the welfare of those detained in police custody.

In addition to developing the computer network utilized by the police, the Computer Management Bureau is charged with the security of computer information systems throughout the country. In recent years, they have made advances with improving information security protection. They have apprised the public of the need to protect themselves from Internet fraud. China’s cyber police have focused a good deal of attention on pornographic web sites, Internet fraud, and Internet businesses. Within the Bureau is the China Criminal Information Center (CCIC), which stores information about criminals, stolen cars, and firearms.

Finally, there are four more police forces with specialized law enforcement tasks. Railway Police handle security matters at railway stations and on trains, with special atten - tion to passenger trains. The Navigation Police are responsible for the security of coastal areas and inland waterways. The Civil Aviation Police handle security at airports and airline companies; they are also charged with other security issues related to civil aviation, such as the transportation of dangerous objects. The Forestry Police are concerned with protecting forests and wildlife. What is somewhat unique about these four police forces is that they are not only accountable to the Ministry of Public Security but also to other ministries: respectively, the Ministry of Railway, the Ministry of Transportation, the Civil Aviation Administration of China, and the Ministry of Forestry.

Public security police exist throughout the country and are organized accordingly. There are public security departments found in provinces and autonomous regions. Public security bureaus are established in municipalities that come under the direct control of the central government. Public security bureaus are also found in prefectures and counties, while subbureaus are created in urban districts. Bureaus are further divided into police stations and substations. The size of a geographical area, the population density, and the diverse characteristics of a specific area being policed determine the extent to which the various operational divisions would be a part of a local public security police agency. It is important to note that the public security police are financed by the local governments for the most part. Inadequate funding has often led the local security police to enter into money-making enterprises (see Tanner and Green in Clarke, 2008). The public security police are not unique in this regard. The People’s Liberation Army has been involved in money-making ventures

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for a number of years. For some time now, this has led to allegations of corruption within the police and the military. Both have been identified as targets of the government’s anti- corruption campaign.

Other Police Organizations

As was mentioned, there are five kinds of police organizations in China. The extensive responsibilities of the public security agencies have been explained. Prior to 1983, the Ministry of Public Security was responsible for collecting various kinds of intelligence, but in that year the duties of foreign and domestic intelligence were transferred to the newly created Ministry of State Security and its police organization. State security police constitute an armed force with a special mandate to prevent conspiracy, espionage, and sabotage. They are also responsible for the protection of government buildings, embassies, and other facil - ities deemed important by the government. State security police are found in provinces, autonomous regions, municipalities that are under the direct control of the central government, and other areas that require this kind of enforcement capability. It has been suggested that with the establishment of the state security police a clear distinction is made between political security and social policing. While social policing refers to the traditional tasks of police—law enforcement, order maintenance, and social service—political security has a particular focus on protecting the interests of the Communist Party (Wong, 2009).

The judicial police work either for the people’s procurators or in the people’s courts. They function as security guards, they serve legal papers authorized by a procurator or a court, and they are responsible for assisting in the execution of court orders. This includes the administration of the death penalty. The judicial police for the people’s procurators are ultimately responsible to the Supreme People’s Procurator, while the judicial police in the people’s courts are accountable to the Supreme People’s Court. Finally, prison police are responsible for guarding people serving time in prison. The prison police are accountable to the Ministry of Justice, because the Chinese correctional system is the responsibility of that ministry.

Residents’ Committees

Under a political system that espouses the principles of communism, the social structure is designed, at least in theory, to include the participation of the citizens. The ultimate authority rests with the Communist Party, but a basic social objective of communism is to encourage citizen involvement in his or her community. The People’s Republic of China adhered to this idea from the start. Committees were formed in residential neighborhoods, at factories and schools, within occupational units, and throughout the countryside among various rural production teams.

One of the primary purposes of the residents’ committees was to assist police in maintaining public order. Thus, local public security units coordinated the work of their local citizens’ committees. In reference to their mandate to assist with the maintenance of public order, these committees were assigned specific responsibilities, which included mediating disputes, patrolling streets, assisting with traffic control, inspecting the sanitation

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conditions of neighborhood residences, distributing information about health and com - munity issues, organizing political meetings, and educating people about crime prevention and the legal system.

This committee system served as the conduit in which the mass line was able to function at the grassroots level. During periods of disorder, when ideology supplanted any attempt at the rule of law, people were often abused under this system. Neighborhood watch became neighborhood surveillance. During periods of order, when law has a role to play in regulating society, the system had assisted police in solving crimes.

Many of the neighborhood committees have been composed of retired people who serve as the eyes and ears of police. They monitor the activities of residents, observe visitors or strangers in the neighborhood, and assist police with maintaining the household registration system. As such, this method is often characterized as a form of community policing that has existed in China since the early 1950s. The Community Service Commissions (CSCs)— mentioned earlier in the context of the role of the security administration division of the Ministry of Public Security—are simply the latest version of China’s efforts to organize citizens for practical involvement in public security matters.

One of the serious problems confronting China in general and its criminal justice system in particular is that the old social infrastructure that was based on Communist ideology has been weakened considerably by the move toward a market economy. In the past, people were willing to perform their social duty, such as serving on a neighborhood committee to assist the local public security officers with maintaining social order. Today, this attitude is not as prevalent, especially among the younger generations. People have embraced the work ethic of the market economy; they want to make money, and they are interested in their individual welfare. As such, there has been a decline in the number of people willing to perform their social duty. With regard to public security, the police have had to become more personally proactive in matters of public order and security.

Police Accountability

The government has acknowledged a concern for the degree of corruption among government officials throughout the country. While this concern has existed for some time, only recently has a strategy been adopted to help rectify some forms of the problem. For example, a new civil service system is being introduced that is based on rules and regulations, competitive entrance and promotional examinations, and a competitive wage scale. It is hoped that this kind of strategy will improve the level of accountability among government employees.

Given the nature of basic police work, there is always a concern about potential police abuse of power, especially with the infringement of citizens’ rights. Like other police forces around the world, the police of China have not escaped this charge. Since the introduction of economic reforms, there has also developed a more pronounced concern about police corruption, particularly regarding an increase in the number of opportunities for such behavior and the monetary value associated with the criminal enterprise. The government has acknowledged that corruption is a problem, particularly with officials of the criminal justice system. Moreover, the citizens are aware of the problem to varying degrees.

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Corruption among the police tends to occur in three ways: some officers develop an arrangement with organized crime; individual officers may be bribed by suspects; and some officers use their position of authority to demand gifts.

The Police Law 1995 introduced a four-pronged approach designed to inhibit police abuse and corruption in its various forms. While some of these methods existed before the passage of this legislation, greater attention is presently being directed at police accountability. Under this new scheme, the police are subject to four different kinds of supervision. Procurator supervision is primarily concerned with assuring that the police perform their functions within the law. Three of the most common situations in which this kind of supervision is performed are determining the legality of an arrest, deciding if sufficient grounds exist to prosecute a case, and overseeing the investigation of cases for possible abuse.

Another form of accountability is provided through the Ministry of Supervision. This kind of ministry is common in a country that recognizes the legitimacy of only one political party, in this case the Communist Party. It has administrative supervisory authority over all government agencies; therefore, it is not limited to police. While its primary responsibility is to monitor agencies to determine if they are in compliance with laws and regulations in the performance of their duties, it can provide direction and influence in areas of political ideology, policy, and personnel matters. It also can receive complaints from citizens and conduct investigations into allegations of misconduct.

A third form of supervision is internal to the police organization. Within each police bureau at the prefectural level, there is an internal supervisory committee that is responsible for ensuring that the bureau is in compliance with all laws and regulations and that the officers comply with the law in the exercise of their duties. Like the Ministry of Supervision, this type of committee enables the local Communist Party to provide direction and influence in areas of ideology, policy, and personnel. This internal supervisory committee is also responsible for receiving citizen complaints about alleged police abuse. In such instances, the committee has the authority to investigate the matter and to impose sanctions upon officers found guilty of misconduct.

A final method of monitoring the police is citizen supervision. This is a practical illustration of the continued use of the mass line policy in present-day China. Essentially, citizen supervision takes one of three forms. Citizens have the right to make recom - mendations to public security agencies, which is clearly in keeping with the intent of the mass line policy. Second, citizens can file complaints against the police through the procurator, the Ministry of Supervision, or the internal supervisory committee at the local public security agency. Although rarely used, a final example of citizen supervision is that citizens can bring lawsuits against the police. Two of the more common methods are through the Administrative Litigation Law 1989, which enables citizens to sue a government agency, and through the State Compensation Law 1994, which permits citizens to seek monetary damages for losses suffered as a result of police misconduct. In the event a citizen is awarded damages by a court, it is the responsibility of the police to reimburse the citizen. Ideally, the damages should be paid by the offending officer. The manner in which this law is enforced encourages public security agencies to demand that officers comply with the various laws and regulations in the exercise of their duties (Ma, 1997).

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Police Functions

The primary duties and powers of the police are explained in the Police Law 1995. Article 6 of the legislation specifically lists the variety of duties and notes that are to be carried out according to law. The responsibilities include:

1. to prevent, stop and investigate illegal and criminal activities; 2. to maintain public order and stop acts that endanger public order; 3. to ensure traffic safety, maintain traffic order and deal with traffic accidents; 4. to organize and carry out fire prevention and control and supervise routine fire

protection; 5. to control firearms and ammunition, and keep under surveillance knives, inflammables,

explosives, deadly poisons, radioactive materials and other dangerous articles; 6. to administer special trades and professions as provided by laws and regulations; 7. to serve as bodyguards for persons specially designated by the State and protect

important places and installations; 8. to keep under control assemblies, processions and demonstrations; 9. to administer affairs of household registration, citizens’ nationality, and entry into and

exit from the territory, and handle matters concerning aliens’ residence and travel within the territory of China;

10. to maintain public order along the border (frontier) areas; 11. to execute criminal punishments with respect to criminals sentenced to public

surveillance, criminal detention, or deprived of political rights and criminals serving sentences outside prison, and to exercise supervision over and inspection of criminals who are granted suspension of execution or parole;

12. to supervise and administer the work of protecting the computer information system; 13. to guide and supervise the work of security in State organs, public organizations,

enterprises, institutions, and major construction projects; and guide mass organizations such as public security committees in their work of maintaining public order and preventing crime; and

14. other duties as stipulated by laws and regulations.

Legal Status

The Constitution of the People’s Republic of China and the Criminal Procedure Law of the People’s Republic of China are two of the principal sources that explain the legal status of police. The constitution has been discussed in this chapter in the section on government, while the Criminal Procedure Law will be explained in some detail in the section on law. The legal status of police, however, is also gleaned from other sources, particularly from regulations and other laws, such as the Police Law 1995. These regulations and laws are considered in compliance with the constitution.

According to the Regulations of Police of the People’s Republic of China, the police are charged with two types of responsibilities. One is enforcing laws against criminal activities. This essentially involves the prevention, enforcement, and investigation of serious

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crimes or felony offenses. In these instances, the police utilize their regular police powers of arrest and detention as explained in the Criminal Procedural Law. The adjudication and correctional process would include a procurator and court.

The other type of responsibility is referred to as the enforcement of laws concerning administrative affairs. These laws address less serious behavior that would often be classified in the West as ranging from gross misdemeanors to ordinance violations. What is striking about this responsibility is that a procurator and court are not involved in the adjudication or correctional process. The Security Administration Punishment Act, which was initially enacted in 1957 and has since been amended, authorizes police not only to apprehend but also to adjudicate the case. Obviously, the discretionary authority of police is enhanced considerably in such cases, as is the potential for abuse of authority.

As was mentioned previously, the police undergo four kinds of supervision designed to control or reduce police abuse. Another feature that has gained considerable popularity is the establishment of a legal affairs unit within many of the public security agencies across the country. The growth of such units is an indication that the government is attempting to place greater emphasis on the importance of the rule by law. (Although the government uses the term “rule of law,” it is more appropriate to refer to their efforts as “rule by law.” The distinction between the two terms was explained in the introductory chapter to this text.) The units tend to focus their attention on three specific objectives. The first is training their officers in understanding the rule by law and the changes that occur with the passage of various legal regulations. The second is to provide guidance in difficult or dubious cases in order to improve the quality of cases brought to a procurator. The final objective is an attempt to educate citizens about the renewed importance that has been placed on the rule by law within society.

Unfortunately, it has been suggested that it has been difficult to see both practitioners within the justice system and citizens embrace the significance of the rule by law. Part of the reason for this failure is the result of the past. Historically, the general public has not had much confidence in the legal system, because law was viewed as being imposed from above and employed as a means to punish. Moreover, the public did not view law as a preferred method of social control or a means to resolve disputes. The lack of a legal culture continued under communism. The notion that law is designed to protect rights and equality is greeted with skepticism. Party cadres are usually treated with greater deference when found guilty or accused of wrongdoing, and aggrieved citizens often see a legal system that is unresponsive to their complaints (Wong, 2009).

The Police and the Public

The tradition of policing in China since 1949 can be characterized as a cooperative participatory endeavor on the part of the public security agencies and various groups within society. The groups include different levels of local government and the many committees formed in residential neighborhoods, at factories and schools, within occupational units, and throughout the countryside among the various rural production teams. All have had a role to play in assisting police with the maintenance of public order.

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Over the years, especially during periods of order when the significance of the rule by law has been stressed, neighborhood committees work very closely with local public security officers to improve crime prevention, public safety, and an understanding of the role of law in society. In fact, these committees are often in a position to act in ways that police are legally prohibited from pursuing. This includes entering and searching private areas and property, as well as questioning people about personal matters. During periods of disorder in which ideology dominated government policy, police were often feared and the system of committees was usually distrusted. In such circumstances, the neighborhood committees that looked out for one another for crime-prevention purposes often became neighborhood surveillance committees in the cause of ideological purity.

It should also be pointed out that, irrespective of whether the country was experiencing a period of order or disorder, the system of policing in China had not been noted for its professionalism. For many years, there were no formal standards for recruiting or training officers; there were no regulations imposed to control police in the exercise of their authority; and there were no credible methods, either internal or external, to assure police accountability.

The consequences of this inaction have been acknowledged only in recent years. For example, a 1988 survey of Beijing residents examined the prestige associated with different occupations and found that police were rated lower in China than in Japan, Taiwan, or the United States. This was attributed at least in part to the role that police played in events such as the Cultural Revolution. People who were too young to remember the periods of disorder in China’s past offered a more positive view of the police (see Bracey, in Troyer, Clark, and Rojek, 1989). A national survey in the late 1990s suggested that the public view the police in a positive manner and have expressed confidence in them (Ma, 1997). The change in the results of these kinds of surveys can be attributed in large part to the concerted effort to professionalize the Chinese police service. This strategy was first initiated in the late 1970s, at the same time the country started its program to modernize its economy.

There has been a concerted effort to improve the overall quality of the security forces throughout the country. First, a new code dealing with the organization and management of the public security agencies had been drafted. Second, there has been a campaign to standardize the recruitment and training of officers. This standardization process has been extended to include the design of uniforms, types of police vehicles, and uniformity in the appearance of police stations. Third, there is a serious effort to improve service to the public, which includes protecting the legal and human rights of people. This is being accomplished through three strategies. One is the selection and training across the country of effective police spokespersons. This is designed to enhance public awareness. Another strategy is the dissemination of information on laws, public safety, traffic safety, fire safety, and drug- prevention programs. These efforts improve the public’s understanding and support for the police. The third strategy is to utilize the discipline inspection departments to conduct more planned and unplanned inspections of police stations. These inspection departments also receive and investigate citizen complaints. A final effort to improve the overall quality of the security forces involves a campaign to eliminate corruption within the public security agencies. What follows are two illustrations of China’s attempt to professionalize its police. One deals with recruitment and training; the other addresses efforts at crime prevention.

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Recruitment and Training

For many years, the source of police recruits was primarily the People’s Liberation Army (PLA). Moreover, there was a minimal amount of training because it was assumed that the military experience was sufficient to prepare a person for police work. During the Cultural Revolution, all institutes and colleges that trained police were closed, on orders from Mao Zedong.

In the late 1970s, the training academies were reopened, and the curricula were revised to prepare people to function as professional police officers in a society that was attempt- ing to become more modern through economic development. The Ministry of Public Security is given the responsibility to plan, coordinate, oversee, and inspect all police train - ing facilities throughout the country. Course offerings vary, depending upon the purpose of the particular education or training program, but may include Chinese literature, foreign languages, public speaking, political theory, political economy, psychology, history of the Chinese Communist Party, police science, criminal investigation, security, communica- tions, legal principles, constitutional law, criminal law and procedure, weapons training, driving police vehicles, physical training, boxing, and drill (Bracey, in Troyer, Clark, and Rojek, 1989).

Today, candidates who wish to join the public security police as a basic uniformed officer must be at least 18 years of age, be of good character, be in excellent physical condition, and be a high school graduate. In recent years, college graduates with no work experience and those with work experience and a particular skill have been recruited. In order to apply for important leadership positions within public security, a candidate must have practical experience in police work, hold a college degree, possess the requisite knowledge in law, have both administrative talent and managerial skills, and have success - fully completed training at a police college or university.

There are almost 300 educational institutions for police throughout China. Police universities and institutes offer undergraduate college courses, two-year training programs, correspondence courses, and night courses. Graduates of police universities and institutes either work in public security departments throughout the country or are employed in research institutes or police universities. Professional training colleges offer a course of study that lasts three years. Graduates receive a college diploma and are then assigned to work in a public security department. These colleges also offer a two-year program for in- service officers. Police administration colleges also offer a two-year program for in-service officers who are under 40 years of age, and secondary police schools offer a two-year course of training that leads to a secondary school diploma. Police schools are training schools that offer short-term programs for in-service officers. Finally, the armed police command schools train junior command officers and technical personnel for the armed police through programs that take two years to complete. The command schools also offer short-term training courses for other officers in the armed police (Zikang, 1993).

The leaders of the Chinese justice system have long appreciated the value of science and technology in the work of public security agencies. In more recent years, they have begun to embrace the importance of law and rules of procedure. One of the most important educational institutions that combines the study of forensic science and law is the China Criminal Police

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University in Shenyang. Students and officers come from across China to study in one of the many specialized programs dealing with criminal investigation. Among the investigative programs offered are computer crime, commercial crime, document examination, financial crime, forensic chemistry, forensic medicine, and the science of narcotics.

Special institutes also have been established to promote the use of science and technology in police work. These efforts include the production of equipment to carry out scientific investigations associated with criminal investigations, crime prevention, fire supervision, and road traffic control. There are also research institutes across the country that assist public security officers at the local level. The emphasis placed on the import- ance of science and technology has enabled public security police to improve the national police communications network, the national police computer-based information system, the national criminal evidence and identification network, and the urban traffic control systems (Yuzhen, 1993).

Crime Prevention

As was mentioned earlier, the crime rate in China has escalated significantly. Much of this change is attributed to the pursuit of a new economic policy throughout the country and the transformation that this has caused within society. The public security police are attempting to address this problem by rethinking and evaluating their methods of policing. In some instances, they are introducing new approaches to law enforcement and order maintenance.

One of the most basic methods of policing is patrol. This was one of the police strategies made subject to evaluation. Much has been said about the role that the neighborhood committees have played in patrolling residences in the name of crime prevention. Many scholars have suggested that this Chinese method of community policing was often the only kind of patrol that was performed on a regular basis or in a routine manner. Foot or bicycle patrols by public security police were carried out infrequently. With the increase in crime, the police discovered that they had depended too much on these committees for patrol. The police were practicing a form of reactive policing, in which they waited for an event to occur or a request for assistance before they mobilized themselves into action.

As previously mentioned, the neighborhood committees have been in decline in urban areas in particular, because younger generations have been focusing on the work ethic of the market economy rather than viewing public order and security as a social duty requiring the participation of all citizens. A decline in the working relationship between the police and people has also been influenced by the extent to which allegations of police corruption have been revealed. With the increase in public protests over a host of issues, there have been heightened tensions between the police and citizenry that contributed to this strained relationship (Sun and Wu, 2010). As an aside, it is important to note that concerns about corruption are not limited to the public sector in general or agents of the criminal justice system in particular; cases of corruption in the private sector are receiving a good deal of attention (Transparency International, 2009).

In the 1980s, the police introduced a more proactive strategy toward patrol, especially in urban areas, which was designed to maintain order and social stability and to reduce

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crime in the long run. The police have learned several things after shifting from a reactive to a proactive method of patrol. First, the reaction time in arriving at crime scenes has been reduced. Second, the street environment in reference to order maintenance has improved significantly, which has had a positive impact on crime-prevention efforts. Third, police officers find themselves assisting people in a number of situations that have brought the police closer to the citizens and further enhanced the citizens’ sense of security. Finally, a new or renewed sense of awareness that public security means serving the community has led police to make a more concerted effort to improve their image as professionals (Qinzhang, 1993).

The Chinese have acknowledged that drug abuse is becoming a serious problem in their country and that it is a factor in the increase in various kinds of crime. A White Paper on Narcotics Control illustrated this concern by pointing out that the number of registered addicts rose dramatically from 148,000 in 1991 to 681,000 in 1999. By 2003, the figure had reached 1 million (Chang, 2004). The government established a three-pronged strategy to address the problem. The first stage has involved a massive publicity campaign that educates people about the danger of drugs. Second, a legislative strategy has enhanced the penalties for drug-related crimes. Finally, attention is directed at the rehabilitation of both criminal and noncriminal drug users (Li, 1998). For their part, public security agencies in general and some of the more specialized operational divisions discussed earlier have made joint efforts to intercept illegal drugs entering the country. The government is also attempting to curb illegal poppy and marijuana cultivation within the country.

In 1990, the government established the National Narcotics Control Commission. From the start, the Chinese have viewed drug abuse from a systems perspective. It was never considered the sole responsibility of the Ministry of Public Security. As a result, local government agencies and public health officials are involved in the compulsory treatment and education programs that are imposed on drug abusers. In the early 1990s, more than 250 drug treatment centers had been established across the country, but these were not sufficient to handle the volume of drug abusers. Moreover, it was estimated that 80 percent of addicts who enter and complete a treatment program are unsuccessful at controlling their addiction upon release (Fang, 1993). The number of treatment facilities has risen dramatically since that time. By 2001, there were 746 compulsory rehabilitation centers and 168 treatment and reeducation-through-labor centers (White Paper on Narcotics Control, 2001).

There are several current strategies directed at China’s drug problem in which public security police are playing an active role. They include the allocation of more resources to the specialized public security squads that deal with the drug problem, the identifica- tion and elimination of distribution centers and underground markets for illegal drugs, the tightening of controls on legal drugs that may be used or altered for illegal use, the imposition of tougher import and export regulations on chemicals that are used to manu - facture drugs, the registration of all drug addicts at the provincial level, the development of an improved antidrug education campaign throughout the country, and the continued strengthening of international cooperation for the control of illegal drugs (Chang, 2004; Fang, 1993).

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According to the White Paper on Narcotics Control, the antidrug campaign that was implemented by the National Narcotics Control Commission in 1997 has brought significant results in solving major drug cases and the arrest of drug traffickers. Between 1991 and 1999, more than 800,000 drug cases were solved, and tons of heroin, opium, marijuana, and methamphetamine confiscated. The National Narcotics Control Commission has established an antidrug education campaign specifically directed at young people. It is a comprehensive effort that begins in primary schools and continues through colleges and universities.

Finally, the Anti-Drug Law of the People’s Republic of China went into effect in 2008. It is the government’s comprehensive strategy to address the country’s drug problems. In some respects, this legislation codifies several initiatives that have already been developed. The legislation speaks, among other things, to the specific tasks assigned to police. In the strategy to educate the public about the campaign against drugs, the police are called to provide assistance to schools and to seek the help of the various residents committees.

A key responsibility of the police is directed at controlling the cultivation and distribution of illegal drugs. Article 26 of the act speaks to both of these responsibilities.

The public security organs may, in light of the need for investigating and suppressing narcotic drugs inspect the incoming and outgoing persons, articles, goods and means of transportation at border areas, vital communication lines and ports and at airports, railway stations, long-distance bus stations and wharves to see whether there are narcotic drugs or the chemical material that can easily be transformed into narcotic drugs.

Article 27 identifies a specific proactive strategy to curtail distribution: “A patrol system shall be set up for recreation centers, under which criminal offences related to narcotic drugs, once discovered, shall be reported to public security organs without delay.”

In 2008, the government reported that various police agencies had handled 61,000 drug- related criminal cases. This led to 73,400 suspects arrested, with 50,307 of them eventually charged and prosecuted. In the course of these efforts, 1,565 drug trafficking groups were identified, 244 drug labs destroyed, and 17.13 tons of various drugs confiscated. Also in that year, 264,000 drug addicts received compulsory drug treatment or labor reeducation treatment.

Furthermore, the National Narcotics Control Commission indicated that there had been an increase in the number of drug users. While 955,000 were identified in 2007, this figure rose to 1,126,700 in 2009. Some officials are of the opinion that the figure is much higher and could reach 15 million. In addition, the government reported that 77 percent of registered drug users are addicted to heroin and that people under the age of 35 represent 60 percent of the registered users. Finally, in the 2012 China Narcotics Report, the National Narcotics Control Commission indicated that they registered 101,700 drug-related criminal cases for the year and that 112,106 drug suspects were arrested. In addition, 21.4 tons of various drugs were confiscated.

Finally, it should be noted that the illegal use and trafficking in drugs is always included in the government’s strike-hard campaigns that were mentioned earlier. The

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sanctions imposed on drug offenders are significant. To illustrate, in the late 1980s and on into the twenty-first century more than 20 percent of traffickers were sentenced either to death or life imprisonment. Moreover, it is not uncommon for a drug user to receive a sentence of over five years in prison (see Liang in Cao, Sun, and Hebenton, 2014).

The legal authority of the police is also spelled out in the legislation. For example, Article 32 states: “Public security organs may conduct the necessary test on persons suspected of using narcotic drugs, and the persons subjected to such test shall cooperate; a person who refuses to undergo the test may be subjected to compulsory test upon approval by the leading person of a public security organ . . .” Moreover, Article 33 indicates “The public security organ may order a drug addict to receive treatment of drug addiction in the community, and shall, at the same time, notify the neighborhood office in the urban area or the township or town people’s government of the place where the resi - dence of the drug addict is registered or he is actually residing.” The police are authorized to require compulsory isolation for rehabilitation in some instances. Article 38 identifies the circumstances that could lead to compulsory isolation and includes refusing treatment, ingesting or injecting drugs during treatment in the community, seriously violating the community treatment agreement, or seriously relapsing in the use of drugs. Finally, Article 42 indicates that “The period of compulsory isolation for drug rehabilitation shall be two years.” This period can be shortened after one year, if the rehabilitation center deems that the treatment is succeeding and isolation is no longer necessary. Various human rights groups, such as Human Rights Watch, are highly critical of the breadth of authority given police in this legislation, but such responsibility is not new. For decades public security agencies have been accorded wide-ranging powers to enforce laws and maintain order through administrative regulations. These regulations enable the police to impose punish - ments on suspected law violators without benefit of a trial. The administrative regulations are explained in greater detail in the section of this chapter devoted to law.

Another concern focuses on economic crime. As China attempts to create its market economy, there is a need to establish a modern financial system that includes laws and regulations designed to facilitate the development of legitimate businesses. A central feature of this effort is the creation of a security infrastructure for the emerging financial institutions that is vigilant in both a proactive and reactive manner to the many forms that economic crimes may take. While financial fraud is an international problem, it is particu - larly troubling to the Chinese who have not, until recently, been accustomed to dealing with bank, credit card, insurance, and securities fraud; counterfeit checks; faulty contracts, drafts, deposit receipts, and mortgage loans; and various scams, such as pyramid schemes. In 2007, the number of fraud cases rose significantly to 239,698 from the 127,884 reported in 2006. In 2013, the figure had reached 676,771.

A final issue that has attracted a good deal of attention from the police is road traffic accidents. While it is not so much a crime-prevention issue, it is an order-maintenance concern of significant proportions. As was pointed out earlier, the number of motor vehicles has increased considerably in China, especially during this current phase of economic development. The increase in vehicles has led to a rise in the number of traffic accidents. Over the course of a 15-year period beginning in 1978—the start of the modernization

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movement—and ending in 1992, there were a total of 2,866,828 traffic accidents that resulted in 568,709 deaths and 1,850,936 injuries (Zhengchang, 1993).

Chinese officials have identified several reasons for the number of accidents. First, most people do not have an understanding of the traffic laws, and this includes pedestrians. Second, many drivers have not developed the requisite basic skills to drive successfully. Of particular concern are transportation companies that employ drivers who lack these basic skills. Third, the increase in road traffic has outpaced the development of roads and other issues related to the transportation infrastructure, such as improving existing roads and the production and distribution of better road signs. Finally, the traffic management and accident prevention system that is in place often cannot keep pace with the rapidly changing nature of the problem, especially in urban areas. This is coupled with a shortage of equipment, funds, and human resources needed to address the problem in a comprehensive manner.

In 1986, the government authorized the Ministry of Public Security to assume responsibility for national road traffic control. While the traffic police have attempted to address the problems and have undertaken some successful initiatives, limited resources hinder their efforts as the problem continues to grow. Specifically, it was estimated that the number of motor vehicles will increase annually at a rate of 15 percent. Moreover, it was expected that the number of motor vehicles would exceed 20 million and bicycles would increase to 400 million by the end of the century (Zhengchang, 1993).

The Ministry of Public Security has identified several objectives that it is attempting to implement in order to prevent and reduce traffic accidents. They include conducting research into the prevention of accidents, assessing in a comprehensive manner the present traffic engineering management system, educating people about traffic safety, enforcing and improving traffic laws and regulations, reducing major accidents by the identification and control of dangerous sections of roads, and increasing the number of officers assigned to the traffic police. As a result of these efforts, traffic safety has improved significantly by establishing uniform traffic laws, improving both the quality and quantity of traffic signals and road markings, upgrading roads to handle the volume of traffic, and educating the public with brochures about traffic safety. These efforts have led to a significant reduction in serious traffic accidents. In 2008, there were 265,204 traffic accidents that resulted in 73,484 deaths and 304,919 injuries (Ministry of Public Security, 2009). This is a significant improve- ment over the earlier data mentioned previously. The 2008 decline is in part attributed to a traffic safety campaign initiated before and during the Beijing Olympics. Finally, there continues to be a decline in the number of traffic accidents causing either death or injury In 2013, accidents causing death numbered 58,539, while those causing injury were 213,724 (Law Year Book of China, 2014).

Critical Issue

In spite of the efforts to improve recruitment and training and to establish special institutes that focus on the use of science and technology with criminal investigations, the standard approach that the Chinese police have employed to solve crime has been roundly criticized. The criticisms have not only come from the international community (Amnesty International

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and Human Rights Watch are but two examples), but also recently from within the government (Anonymous, 2012).

In the introductory chapter to this text, Herbert Packer’s crime control and due process models were sketched out. It was pointed out that each model represented a separate value system in the operation of the criminal process in the United States. Moreover, it was mentioned that these models could be employed as a tool in the comparative analysis of other justice systems. At issue in the Chinese context is Packer’s crime control model. The crime control model’s emphasis was on efficiency at controlling crime. The aim was to employ speed and finality of judgment throughout a process that ultimately presumed the accused guilty.

Throughout China, the police are under a good deal of pressure to enforce the law and maintain order. The ability to reduce crime and to solve crime expeditiously is a key objective of the police, in part because it is a prime goal of the Communist Party and the government, in order to ensure a stable society. To achieve this end, police employ extralegal measures. The principal tactic is to employ criminal detention. Criminal detention enables the police to hold a suspect for up to 30 days before officially arresting the person. Suspects are not allowed to see their families. They are held in a state of isolation, which leads to a good deal of mental pressure. In addition to this psychological torture, there are allegations of other forms of physical abuse. Thus, this has become a cost-effective method of not only solving the specific crime in question but usually leads to the resolution of some unsolved criminal activity.

While this strategy is often employed on political dissidents, it is used on other criminal suspects as well. Research in various public security bureaus estimates that between 75 and 90 percent of suspects are placed in criminal detention. It is important to note that this process is not considered a form of punishment by the authorities; rather, it is a key method of investigation. What has led to the government acknowledging this problem is that in recent years various miscarriages of justice have been identified, including wrongful convictions. A central reason for these miscarriages was the mistreatment of suspects while in criminal detention (Dui Hua, 2013; Dui Hua, 2014; Anonymous, 2012). Thus, criminal detention, and the tools employed for it, makes for a practical illustration of a crime control model within the Chinese context.

Also regarding the issue of detention, it was mentioned earlier that Xi Jinping has undertaken an anti-corruption campaign that includes high-ranking officials of the Communist Party. Party discipline committees are actively involved in this process of identifying and investigating such offenders. Those officials suspected of corruption have imposed on them shuanggui detention, which is an extralegal measure designed to encourage compliance with the investigation. Similar to criminal detention, the suspect is placed in an isolated environment for questioning. For the most part, suspects tend to cooperate in the hope that they will be spared a death sentence.

JUDICIARY Although China has a long tradition that dates back to ancient times, the role of law in the development of the country and its civilization is clearly lacking in prominence when

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