Unit 8 Policing the U.K. Japan and South Africa

1. Unit 7 Final Project: Policing The U.K., Japan, South Africa, and the U.S. • Brandie Rose DeVore • Post University • CRJ402 – Comparative Criminal Justice • professor Lyndon Godsall • March 2, 2022

2. Policing the U.K., Japan, South Africa, and the U.s. A Policing Comparison to the United States This Photo by Unknown Author is licensed under CC BY-NC

4. The Value in Understanding international justice systems International Justice systems The value in understanding international justice systems is important because knowing the different justice systems allows us to see how other countries police their country. For a history of the development of their police and how the community and property are policed. We can learn the structure of their justice system from an objective view and learn how to better our own justice system for improved service to the communities all around the U.S.

5. United Kingdom police

6. The Crown Protective services (CPS) works with the police , the courts, the Attorney General’s Office, the Home Office, the Ministry of Justice, and other agencies throughout the criminal justice system (CJS). There are 43 police forces across England, Wales responsible for the investigation of crime, collection of evidence and the arrest or detention of suspected offenders. In the most serious cases the police will send the files to the CPS to decide whether to prosecute. The core duty of the police is to protect the public by detecting and preventing crime. The duty is established in common law (precedents set by decision of the courts) and the police have both common law and legislative powers to execute it” (Brown 2021)

7. The U.k. Police force • Police services in the U.K. are organized around two legal entities: the Office of Constable’ and the police force, the Office Constable Grants them powers to detect, prevent, and investigate crime. The use of police powers must be compatible with human rights and equalities legislation. The police are responsible for ensuring their use of power is lawful, proportionate, and necessary. This Photo by Unknown Author is licensed under CC BY-NC-ND

8. Three Categories of Police Power • Powers to investigate crime- This includes the powers to collect evidence needed to identify suspects and support their fair and effective trial. • Powers to prevent crime.- This includes powers to maintain public order, prevent anti-social behavior and manage known offenders/ suspects. • Power to ‘dispose’ of a criminal case. These powers allow police officers to dispose of criminal cases outside of court or charge the suspects so they can be prosecuted.

9. “In London, black people are more than 9 times more likely to be targets of that tactic, despite committing no offences. Police are accused of ‘stereotyping’ and ‘targeting’ black people through the powers granted to them under section 60 (s60) of the Criminal Justice and Public Order Act. Overall, black people are four times more likely to be stopped under the controversial measures than white people.” (Dourou 2020) The U.K. has a long history of state violence, however, compared to the U.S. there is much less visibility of this in mainstream media. This Photo by Unknown Author is licensed under CC BY-NC-ND

10. Comparing the U.K. Policing to the U.S. Policing System The policing system differ in the U.K. police consider themselves public servants rather than the government’s instruments of maintaining law and order like the U.S. Only 5% of the police in the U.K. use guns and there are less killings by the police whereas the second Amendment in the U.S.’s constitution protects its citizens rights to bear arms. Which means the police force must be equal to the force used by a civilian with a gun. This Photo by Unknown Author is licensed under CC BY

11. The U.S. should follow the lead of the U.K. and prevent its police officers from having guns and have a gun reform in the country where there can be strict gun control and bring down the deaths that happen when an officer thinks they need to pull their gun which has led to many killings of unarmed suspects. In the United States trust in the police varies by race, with black Americans less trusting of police than others, though confidence in police is lower among certain minority groups than the general public such as the LGBTQ community. The U.S. police use racial profiling and are often discriminating and bias towards suspects causing distrust in the police which causes division in the community and the police. Other advanced democracies organize, fund, train, arm, and discipline their police officers differently than the United States does. The U.S. far exceeds most wealthy democracies in killings by police, and officers seldom face legal consequences. This Photo by Unknown Author is licensed under CC BY-SA

12. Japanese Police Japan Political, Policing, and Government Systems This Photo by Unknown Author is licensed under CC BY-SA

13. Japan Political, Policing, and Government Systems Politics of Japan are conducted in a framework of a dominant-party bicameral parliamentary constitutional monarchy, in which the Emperor is the head of state, and the Prime Minister is the head of government and the head of the Cabinet, which directs the executive branch. “The Japanese political system is based on Japan’s constitution, which was drafted after the end of World War II. Enacted on May 3, 1947, it firmly established a democracy in form of a constitutional monarchy, which, similar to the U.K., maintained its long-standing imperial family as the honorary figurehead of the country.”(Neely 2016) Japan's Emperor Naruhito attends a ceremony to proclaim his enthronement to the world, called Sokuirei-Seiden-no-gi, at the Imperial Palace in Tokyo, Japan, October 22, 2019. (Issei Kato/Pool Photo via AP)

14. The Diet of Japan “The Diet of Japan consists of an upper house, The House of Councilors, and a lower house, The House of Representatives. It is the highest level of state power in the country, and the only section of government that can enact new laws. The Diet’s main functions include appointing the prime minister of Japan, approving the national budget, ratifying international treaties, and creating and implementing amendments to the constitution.” (Neely 2016)

15. Japanese Policing System This Photo by Unknown Author is licensed under CC BY-SA “The Japanese police system was established in 1871, when professional policemen were appointed in Tokyo for the first time. The system was based on the Continental police concept, as most of the administrative and judicial institutions of the (Meiji) government at that time were modelled after the German or French system.” (Nakahara 1956)

16. The Japanese have three main law enforcement agencies. • The National Public Safety Commission, who under the direct authority of the prime minister, is responsible for all police operations in the country. • The National Police Agency serves as the supervising agency for the Japanese policing system. • The prefectural division. The prefectural division is • the main division of the police in Japan. This Photo by Unknown Author is licensed under CC BY-SA This Photo by Unknown Author is licensed under CC BY-SA

17. The Police Koban System This Photo by Unknown Author is licensed under CC BY-SA In Japan, The Chinese police have a koban system it’s a system of small police stations located around the communities where local people can go and report crimes or file a police report with an officer. The Kobans where designed to increase police visibility, and public relations with their community. Kobans are staffed with one to three police officers who just like the U.S. patrol on foot , bike, and small cars around their area. The community located around the koban. In the Koban there is a computer for the police to file their police reports to the main police station to be processed. There is also sleeping quarters where the officers sleep when they have to stay long periods of time policing their area. The police also train new officers at the Kobans as that is normally where the new officers start out when they are hired as police officers with that police station. The police Kobans are placed around communities with a high amount of traffic or pedestrian activity.

18. In Japan, people don’t fear or hate the police to the extent they do in the United States, in fact the Japanese communities like the officers, they named the police “King Big Brother.” They are not afraid to go to the officer and as them for directions or if they have an issue, they have no trouble speaking to the officer about their problem. It is an undisputed fact that Japanese police has achieved a remarkable safe society compared to other industrialized countries, and they incarcerate far fewer than for instance the UK (with a prisoner rate 3 times higher) or the US (13 times higher). This Photo by Unknown Author is licensed under CC BY-SA-NC

19. Comparing Japanese Policing to the U.S. Policing System Japanese police operate under a decentralized single system, this means that Japanese police officials are deployed over numerous regions, and each police force has a certain level of self-governing. The Japanese created a law that specified the obligations of the police which included the defense of life, possessions of individuals, deterrence, traffic, and the suppression and uncovering of crime and suspects. “The Japanese police can legally detain a suspect for 23 days without an official charge” (Terrill, 2016). In the U.S., the Constitution protects citizens from abuses of power by law enforcement officers. Under the Fourth Amendment, citizens are protected from unreasonable search and seizures. Citizens are also given the right to remain silent during an investigation under the Miranda law. There is a uniqueness in the U.S. policing system. Its decentralized multiple uncoordinated type of police structure allows for separate police forces to enforce the laws of the country. The police forces are made up of local, state, and federal police agencies. Their duties range from patrolling state highways, universities, and parks, to enforcing state regulations.

20. This Photo by Unknown Author is licensed under CC BY-SA-NC

21. South Africa Policing Independent Police Investigative Directorate (IPID) South African Police Service (SAPS) Private Security Industry Regulatory Authority.” (Govline 2021) The SAPS’s policing objectives, in accordance with the provisions of Section 205 of the Constitution, are to: prevent, combat, and investigate crime maintain public order protect and secure the inhabitants of South Africa and their property uphold and enforce the law. This Photo by Unknown Author is licensed under CC BY-ND

22. This Photo by Unknown Author is licensed under CC BY-SA-NC This Photo by Unknown Author is licensed under CC BY-ND “The SAPS continued representation on the Central Drug Authority and oversees the implementation of the Departmental Drug Master Plan, which includes activities dealing with both national and transnational aspects of drug trafficking, law enforcement and the combating of substance abuse.” (Govline 2021) The British proceeded to pass legislation that required all free blacks to carry a pass that indicated their place of residence and employment. If a person did not have a pass, they could be forced into work for a white master. Legislation also permitted discriminatory practices in the pay of blacks; their pay was not equal to others pay wage

23. In the Orange Free State, blacks were not allowed to vote, the right to vote belonged to the whites. Africans in these states were not allowed to own property and was not treated equally under the law. Courts were set up for the sole purpose of handling pass law violators, and armed guards were employed by the mining companies to maintain order in the fenced compounds. “The Afrikaners considered themselves among God’s chosen people, which further enhanced the righteousness of their mission and their imagined superiority, in particular to other races.”(Terrell 2016) This Photo by Unknown Author is licensed under CC BY-SA-NC

24. White European settlers settled in Africa and discriminated against the Africans, the white people took over Africa and pushed their laws onto the blacks there restricting them to the European laws. South Africa was under institutionalized discrimination and racial segregation from 1948 to the early 1990’s. The main laws of South African apartheid included the Population Registration Act, Immorality Act, Group Areas Act, Criminal Law Amendment Act, Pass Laws Act and Separate Amenities Act. This Photo by Unknown Author is licensed under CC BY-SA-NC This Photo by Unknown Author is licensed under CC BY-ND

25. Comparing South Africa Policing to the United States Policing system According to the National Institute of Justice in the United States of America, “Police officers are required to use the necessary amount of force to make an arrest, mitigate an incident and protect themselves and others from harm. The level of force should include physical and verbal constraint, less-lethal and lethal force. However, the level of police use of force is determined by the situation, and this has led to the formulation of guidelines for the use of force based on multiple factors such as a police officer’s level of experience or training. In comparison to the policing in South Africa, the United States policing system is incorporated under the Rule of Law. 1995, for every 100 000 citizens in the United States, there were 244 police officers. In comparison to the U.S. in 1995, for every 100 000 South Africans, there were 344 police officers ensuring law and order. The United States Crime Statistics reveal that in 2003, approximately 715 people out of 100,000 were arrested in the United States. In the same year in South Africa, out of 100,000 people, around 402 people were arrested and convicted of both minor and violent crimes.

26. A police officer's goal should be to regain control and protect the citizens while using force should be their last option (National Institute of Justice, 2020). In South Africa, the use of force when making an arrest is governed by Section 49, which allows both police officers and private persons authorized by the Criminal Procedure Policing Systems in the U.S. and South Africa Act to use force when making an arrest. This Photo by Unknown Author is licensed under CC BY-ND Policies guiding police conduct in both the U.S. and South Africa, with the number of cases involving police brutality and shootings, particularly among Black Americans, there is racial discrimination in the U.S. criminal justice system. In the U.S. citizens are protected from unreasonable police search and seizures under the Fourth Amendment, when police do so without a valid search warrant, they are violating the Forth Amendment rights given to all U.S. citizens. This Photo by Unknown Author is licensed under CC BY-SA-NC

27. In South African law the police are required to make immediate judgments and determine whether or not the required reasonable cause exists in the situation at hand. So, we see the differences in the way other countries operate their police and the way the U.S. incorporates its own policing system. Without the clarity of the Constitution of the United States the citizens of the U.S. would be facing even greater challenges, and the absence of the Rule of Law would jeopardize criminal procedures needed to structure punishment and impose legal ramifications to successfully implement a criminal justice system in our own country. This Photo by Unknown Author is licensed under CC BY-SA This Photo by Unknown Author is licensed under CC BY-SA

28. Conclusion The conclusion of my writing we take a look back through the different types of policing through three different countries and examine the differences between policing in the chosen countries and policing in the United States. We see the way the U.S. and different countries use discrimination when dealing with black Americans and the way the country’s citizens are treated by the different policing tactics led by the police in that country. The teaching of practices in different countries helps us see our own country for what it really is and how the police in the U.S. treat its citizens in comparison to other countries. From a different viewpoint, we learn to seek a better way of community policing not only for our many police agencies around the world but for better communities where policing is done by its citizens as well as the police. This Photo by Unknown Author is licensed under CC BY-SA

29. Sources • Brown, J. B. (2021). 2021 House of Commons Library Police Powers an Introduction 2021. House of Commons Library.  • https://commonslibrary.parliament.uk/research-briefings/cbp-8637/ • Govline SA Government Information. (2021). Functions Of South African Police Service. Govline SA.  • https://www.govline.co.za/functions-of-south-african-police-service/#:~:text=Functions%20Of%20South%20African%20Police%20Service%201%20South,Independent%20Police%20Investigative%20Directorate.%20...%207%20Defence.%20 • Hidenori, H. N. (1956). Japanese Police, The , 46 J. Crim. L. & Criminology 583 (1956). Nakahara Hidenori.  • https://scholarlycommons.law.northwestern.edu/jclc/vol46/iss4/14 • National Institute of Justice. (2020). Overview of Police Use of Force. National Institute of Justice.  • https://nij.ojp.gov/topics/articles/overview-police-use-force#amount-of-force-used

30. Neely, C. N. (2016). Japan Industry News The Japanese Political System. Caylon Neely.  • https://www.japanindustrynews.com/2016/06/japanese-political-system/ Terrill, R. J. (2016). World criminal justice systems: A comparative survey (9th ed.). Routledge. Terrill