LAW ENFORCEMENT AND THE EMER‘GENG MATEO?“ Thesis for the, Dawes goyM‘. S. _' ' ' MICHIGAN STATE UNIVERSITY . ' Rodger L. Hoff * 1964. THESIS LIBRARY Michigan State " 5 University LAW ENFORCEMENT AND THE EMERGING NATIONS BY Rodger L: Hoff AN ABSTRACT OF A THESIS Submitted to the College of Social Science Michigan State University in partial fulfillment of the requirements for the Degree of MASTER OF SCIENCE School of Police Administration and Public Safety 1964 APPROVED: _) / l f CL )\‘ C‘z‘iVL'Withk 1 TI (4,413; ,A\ "¢ ‘ Chairman cr- " . I" ‘1) .‘ /j‘ iii:;47 ;#;'L 4,( ii «auw ; t _‘Li 4 I“ / Member e‘\- i I |"'\'. \ K. I- .‘K ’ 1 ) Li, L ‘ .i\,_ l Member , o .D..' o ”.Jfi N . .r? . A. v u s 4 1...“? "I.W.4 0:. ’10 . .. 0C: Lu. . 4i! . ,- . my. i . AN ABSTRACT There is a revolutionary fervor in the world today _ a quest for self-determination - 'a revolution of rising expectations,‘ The Emerging Nation is a product or mani— festation of this social movement, Social order in the Emerging Nation is the target of recurring dissident elements within the society which seek to overthrow the existing legitimate governments, The objective of this research was to relate the role of law enforcement (a basic social institution in the Emerging Nation) as a primary means for providing the social order necessary for a legitimate government to progress toward nationhood, The problem was approached under the theory that law enforcement is cross disciplinary; that fundamentally law enforcement in its broadest sense permeates the entire society, And that to achieve a fundamental understanding of law enforcement, any field of study that adds to the knowl- edge of people and the society they live in, should be investigated, Therefore, the basic plan for this research was based on a historical - political - philosophical survey of the literature,within a frame of reference developed from personal observation of law enforcement in the Emerging Nations of Africa and the Middle East, The first item of investigation was to relate the place of law enforcement to the society, A social-anthro- pological investigation of the origins of law enforcement verifies the hypotheses that law enforcement is a product of the society, in that law and law enforcement although rudimentary in nature were necessary for social existence. Law enforcement represents man's relinquishing individual for group values. Two extreme systems emerge on the continuum of ways various societies developed for enforcing laws, These are Community Law Enforcement, the Anglo— American system where the police are merely an extension of the individual's right to police himself, and the Ruler Appointed Law Enforcement Systems, where the police are an extension of the ruler's or government‘s power to enforce laws, It seems, based on an investigation of these two systems, that the relation of law enforcement to the people - its status or position - depends on the type of system the society develOped, It is also indicated that the law enforcement system the society develOped is generally the most viable for that particular society, The Anglo-American concept of law enforcement is not necessarily valid when considering law enforcement in the Emerging Nations of Africa, Asia and Latin America, To understand the role of law enforcement in the Emerging Nation, the phenomena of the Emerging Nation was investigated, Research indicates that the Emerging Nation is generally a geographical area, with a legitimate govern— ment, that is still in the process of trying to elicit the necessary social consensus and cohesiveness for nationhood in the classical sense, The Emerging Nation is beset with social, economic, and political problems, The governments and people are seeking a better life, and modernization, but are frustrated by social and economic problems. The traditional, familiar way of life is in conflict with modernization, Many dissident elements in the society are the result. These dissident elements become insurgents and react by seeking to overthrow the legitimate government which stands as a symbol of their problems, International Communist doctrine is investigated because it calls for violent overthrow of existing non- communist governments, Communism, although not a cause of insurgency, stands as a threat to the Emerging Nation, Communist doctrine, tactics, and organization, are used to weld the dissident factions together and provide a united force that threatens social order and government stability, Insurgent activity takes the form of violence, terror, murder, extortion, arson, etc,, any and all means to create social disorder, Since it is criminal in nature and is aimed at social disorder, law enforcement, whose function is to maintain social order, should be a primary agent for countering the insurgent, A historical investigation of counter-insurgent operations generally substantiates this premise. A survey of national police forces in the Emerging Nations tends to demonstrate the relation of law enforcement to the government and people. The police forces are national—central in organization and tend to fall on the continuum toward the Ruler Appointed extreme, They represent a major power in government and society, By fulfilling its Social - Political - Administrative - and Tactical roles, law enforcement stands as the primary institution for pro- viding social order and countering dissident elements, providing the secure environment necessary for government stability, LAW ENFORCEMENT AND THE EMERGING NATIONS BY ! Rodger Lg Hoff A THESIS Submitted to the College of Social Science Michigan State University in partial fulfillment of the requirements for the Degree of MASTER OF SCIENCE School of Police Administration and Public Safety 1964 q cn/éfl Q( PREFACE June 13, 1964 The point of view, ideas, and conclusions expressed in this thesis are those of the author and do not necessarily reflect the policies or views of the United States Army, the Military Police Corps, or the School of Police Adminis— tration and Public Safety, Michigan State University, ii ACKNOWLEDGMENTS I wish to express my sincere appreciation to the United States Army and the Military Police Corps who made this year of study possible: To Major General Ralph J, Butchers, the Provost Marshal General, for his interest in education, law enforcement, and particularly in the subject area of law enforcement and counter-insurgency, To Lieutenant Colonel and Mrs, Wallace K, Wittwer, whose friendship, ideas, moral support and criticism contributed immeasurably to an early phase of this research, To Lieutenant Colonel Silas G, Hardy, my superior in East Africa under whom I was able to travel to many of the Emerging Nations in Africa and the Middle East, To Mr, George Kott, friend, both in Africa and Michigan this year, who has been an understanding and helpful sounding board for ideas. To the gentlemen I have studied under in the School of Law Enforcement Administration and Public Safety, Michigan State University: Dr. James J, Brennen, Mr, Frank D. Day, Mr, Raymond T. Galvin, Dean Ko-Wang Mei, Judge Earle E, McDonald, Mr, Louis A, Radelet, and Dr, Alfred C, Schnur . iii who shared their knowledge, understanding, and many years of experience in law, social control and human behavior; who taught me the sc0pe and true meaning of Law Enforcement; who made this year what I consider one of my most productive. Particularly to my advisor, Mr, Raymond T, Galvin, whose counsel, advice, guidance, aid, criticism, and inspiration were indispensable to this year of study and to this thesis, Certainly not least, to my wife, Suzanne, who is very much a part of everything I do. iv TABLE OF CONTENTS CHAPTER I L,I. INTRODUCTION . . . . . . . . . The Problem . . . . . . . . . Statement of the problem. Hypotheses to be Investigated Basic Assumptions . . . . . . Methods of Research . . . . Limitations to the Study. . Definitions of Terms Used Emerging Nation . Insurgency. . . Organization of Remainder of Thesis II. ORIGIN OF THE COMMUNITY AND LAW ENFORCEMENT III. THE DEVELOPMENT OF COMMUNITY LAW ENFORCEMENT. The Anglo—Saxon Period. . . The Shire-Reeve . . . . . . The Tything . . . , . . . The Hundred . . . . . . The Parish. . The Watch and Ward. A Return to the Origin of Law Enforcement V 19 20 21 22 . 23 . 24 . 24 26 CHAPTER IV. VI. VII. VIII. IX. XI. PAGE THE DEVELOPMENT OF RULER APPOINTED LAW ENFORCEMENT . . . . . . . . . . . . . . . . 29 LAW ENFORCEMENT AND SOCIETY . . . . . . . . . . . 39 A Police System Must be Representative of the Society. . . . . . . . . . . . . . . . 41 NATURE OF THE EMERGING NATION . . . . . . . . . . 45 THE EMERGING NATION AND THE INSURGENT . . . . . . 66 INTERNATIONAL COMMUNISM AND INSURGENCY. . . . . . 73 THE NATURE OF INSURGENCY, SOCIAL DISORDER . . . . 82 THE EMERGING NATION; THE INSURGENT; AND LAW ENFORCEMENT . . . . . . . . . . . . . . 102 LAW ENFORCEMENT IN SELECTED EMERGING NATIONS. . . 119 Republic of Turkey. . . . . . . . . . . . . . . 122 Background. . . . . . - . . . . , . . . . . . 122 Government. . . . . . . . . . . . . . . . . . 122 Police Organization . . . . . _ . . . . . . . 123 Judicial Police . . . . . . . . . . . . . . . 123 Political Police. . . . . . . . . . . . . . . 123 Administrative Police . . . . . . . . . . , . 124 Personnel and Training. . . . . . . . . . . . 124 Police RanRS. . . . . . . . . . . . . . . . . 125 vi CHAPTER Israel. . . . . Background. Police Organizgtion Personnel and Training. Somali Republic Background. Police Organization Personnel and Training. Nigeria Background. . . . . . . . . . . . Police Organization Operations. Personnel and Training. Lebanon Background. . . Police Organization . . . . . . Internal Security Forces Institute. Personnel and Training. Sudan Background. Government. . . . . . vii PAGE 127 127 127 129 131 131 131 132 135 135 135 136 136 139 139 139 142 142 144 144 144 CHAPTER PAGE Police Organization . . . . . . . . . . . . . 145 Personnel and Training. . . . . . . . . . . . 145 Indonesia . . . . . . . . . . . . . . . . . . . 148 Police-Social Relations in Indonesia. . . . . 148 The National Police Force in the Emerging Nation . . . . . . . . . . . . . . . 150 XII. CONCLUSION. . . . . . . . . . . . . . . . . . . . 154 Need for Further Research . . 165 BIBLIOGRAPHY . . . . . . . . . . . . . . . . . . . . . . 166 viii FIGURE LIST OF FIGURES Republic of Turkey. Israel. Somali Republic . . . Nigeria Lebanon The Sudan . . . . . ix PAGE 126 130 134 138 143 147 CHAPTER I INTRODUCTION As a world power the United States, historically and currently, officially and unofficially, exercises a signifi- cant influence on the course of the Emerging Nation. From the university campus to the highest levels of the federal government this influence is transmitted around the world. In the field of law enforcement, the opportunity for con- structive influence is great. Because of this, it is felt that an understanding of the historical significance of law enforcement as a principal means to solve many of the current problems of nation building is not only important, but vital. Viable law enforcement is able to provide social order; maintain the necessary secure base; insure the public safety; and counter the forces of insurgency, enabling the government of the nation to follow a course of self—determin- ation. I. THE PROBLEM Statement 9: the problem. It was the purpose of this study to examine, in view of the social political climate, the law enforcement role in the growth of a nation by pro- viding security and stability to the people and government. The approach to the problem was based on the theory that the subject area of law enforcement in its broadest sense, transcends any one discipline. It is felt that law enforcement as a primary means of social control permeates all facits of society. To approach an understanding of law: enforcement, one must consider any and all sources of information which add to one's knowledge of people and the world in general. Law enforcement in general, and particularly in regard to this study, is inter—disciplinary. Law enforce- ment cannot be understood solely in terms of administration, law, criminology, police science, public safety, etc. Therefore, although the vieWpoint is that of law enforcement, the frame of reference for this study must include sources from cultural anthropology, history, social science, philosophy, political sociology, political science, international relations, jurisprudence, law enforcement administration, criminology, community relations, and military science. It should be valuable to view all the various phenomena concerning the origin of the community, problems of the Emerging Nation, insurgency, §£_a13, from a law enforcement perspective. II. HYPOTHESES TO BE INVESTIGATED Inherent in the basic problem are two basic hypotheses that will be investigated. The first is that law enforce— ment is a product of the community it serves; it represents and reflects the cultural values and ideals of that community as conditioned by the existing government if the government does not reflect the national cultural desires of the community. The second hypothesis is that the law enforcement activity in an Emerging Nation is a basic and primary means for attaining and maintaining the security and public safety necessary for the existing government's stability and development. III. BASIC ASSUMPTIONS Since the problem is of such a complex nature, certain basic assumptions need to be established as a frame of reference for the research. The basic assumptions are that: A return to the origin and nature of the community, law, and the enforcing of laws within the community is necessary to understand the position or relation of law enforcement within the modern community. The basic function of law enforcement is to promote social order. If the cultural heritage and values of a community reflect the place and meaning of law enforcement in the society - each society has a distinct social heritage thereby spawning different law enforcement systems - the place and scope of law enforcement in the community validly should vary, depending on the society that gave birth to it and which it represents. Law enforcement represents the status quo. Since law enforcement reflects the society from which it originated, the sc0pe, position, and values of law enforcement change only with changes in the cultural values of the society. Law enforcement cannot be lastingly imposed on a society. ' Law enforcement is a basic social institution for social control. In the Emerging Nation, the law enforcement activity represents a major power. Viable law enforcement is essential for the social control necessary to enable a nation to develop according to its self-determined course. Effective, efficient law enforcement is the primary institution to counter those movements or dissident factions from within or without, whose aim is to subvert or replace the existing lawful government. IV. METHODS OF RESEARCH A historical and philosophical survey and review of the literature, library research, and personal observations in various Emerging Nations were the basic methods used to investigate the problem. Library research was the primary method of collecting the necessary material. This involved an examination of historical law enforcement, sociolOgy, and political science sources for the background and origin of the developing community, laws, and means of enforcing laws. This was supported by a survey of professional-academic periodicals for current law enforcement trends in the Emerging Nations, and a review of current research in related fields; supported by a frame of reference develoPed by observation of the Emerging Nation; its society, problems, politics, and law enforcement, from 1957 to 1960 in Africa and the Middle East. V. LIMITATIONS TO THE STUDY Rather than a finite study of one or several countries, this research is intended to present a survey and compilation of available sources, examined in the context of the frame of reference. Material on law enforcement in the Emerging Nations is extremely scarce, and what is available is re- leased by the various governments of the nations themselves; therefore, perhaps lacking objectivity. It is felt that a more objective view of the Emerging Nation, law enforcement, t 1., can be obtained and certain constant factors isolated by not limiting the research to particular countries or areas of the world. VI. DEFINITIONS OF TERMS USED Emerging Nation: Any western or non-western state which attained sovereignty within the post World War II period, or an existing state emerging from the traditional, agrarian, or tribal society, to central government, or urban. industrial complex. This includes all states either assert- ing nationhood based on independence from colonial status, or existing in a semi-feudal agrarian, peasant, or tribal status; asserting nationhood by tradition, technological advances, and/or centralized, semi-representative governments. Insurgency: The attempted modification of an existing political order, at least partially by the unconstitutional or illegal use, or threat of use cf force. VII. ORGANIZATION OF REMAINDER OF THESIS In order to gain a perSpective of the relation of law enforcement and society. the first portion of the research is, in Chapter II, a return to the origin of the community, law, and law enforcement. Chapter III and Chapter IV contain an investigation of the development of the various law enforcement systems, i.e., Community Developed law enforcement in Chapter III, and Ruler Appointed law enforcement in Chapter IV. This is an effort to determine if law enforcement is a product of the peOple. Chapter V is a discussion of law enforcement and society. It is felt that such background will place the law enforcement function in the perspective of a social insti- tution, stemming from the society that spawned it. This should add to an understanding of law enforcement in the modern community, adding insight into what law enforcement in a society is or can be. The objective is to relate law enforcement to the modern Emerging Nation, as a primary means of maintaining the necessary social order for-self-determination. Armed with the insight of law enforcement‘s relation to society, the next item of investigation, in Chapter VI, is the modern Emerging Nation. This is an effort to determine the nature, characteristics, problems, and deficiencies which effect the basic social control of these semi-nations. Chapter VII relates the various factors which work against order and authority in the Emerging Nations. International Communism is not a cause but rather an effect of social disorder. It provides a strong organization, and is involved in adding to social disorder in many Emerging Nations. Communist doctrine, as it applies to insurgency - subversion - undermining security and order, is investigated in Chapter VIII. In order to place the law enforcement role in counter— ing the insurgent or maintaining social order in the Emerging Nation in perSpective, an attempt is made. in Chapter IX. to determine the outward manifestations of insurgency and how it can create social disorder. Chapter X is an attempt to determine. based on historical cases, if the law enforcement function is a means to counter the insurgent and maintain social order, thereby stabilizing the government. The final step, in Chapter XI, is to survey selected law enforcement systems in the Emerging Nations, to determine their functions and place within the society they serve; in an effort to better understand what law enforcement in the Emerging Nation is, and what it can be. CHAPTER II ORIGIN OF THE COMMUNITY AND LAW ENFORCEMENT Man is by nature a political animal . . . . A social instinct is implanted in all men by nature. and yet he who first founded the state was the- greatest of benefactors. For man, when perfected, is the best of animals, but when separated from law and justice, he is the worst of all; since armed injustice is the most dangerous, and he is equipped at birth with arms, meant to be used by intelligence and virtue, which he may use for the worst ends. Wherefore, if he have not virtue, he is the most unholy and the most savage of animals, and the most full of lust and gluttony. But justice is the bond of men in states, for the administration of justice, which is the determination of what is just, is the principle of order in political Society. ARISTOTLE . i The first and most essential requirement of life in a civilized community is protection from crime and open force and violence. The criminal law deals with offenses after they have been committed, the police power aims to prevent them. Is law enforcement a product of the community it serves; does it represent and reflect the cultural values and ideals of that community? This is the first, and basic question that must be investigated. Each community developed lAristotle, Politica, translated by Benjamin Jowett in The Basic Works 9£_Aristotle, cited by Seymour Martin Lipset, Political Man (Garden City, New York: Doubleday and Company, Inc., 1963). ‘ 2Ernst Freund, The Police Power Public Policy and Constitutional Rights (Chicago: Callaghan and Company, 1904) p. 87. 10 according to the environment and basic characteristics of its people, therefore, no two communities are alike - each developed values, ideals, ways of life according to the experiences of its existence. Each community discovered that to insure its existence, certain rules of conduct were necessary. This involved curtailing a modicum of individual freedom for the good of the group; and finding means to insure compliance with these 'rules of conduct‘ and 'rules for group existence.‘ All that makes existence valuable to any one, depends on the enforcement of restraints upon the actions of other people. Some rules of conduct, therefore, must be imposed, by law in the first place, and by Opinion on many things which are not fit subjects for the Operation of law. What these rules should be, is the principal question in human affairs; . . . . No two ages and scarcely any two countries, have decided it alike; and the decision of one age or country is a wonder to another. The various primitive societies found different ways and means of securing compliance with the law — depending on all the various social factors of this develOping society. Law then, is a basic necessity of human existence. Man was never able to exist alone. His first requirement was a mate, which 3 . . . . John Stuart Mill, The Six Great Humanistic Essays 9f_ John Stuart Mill (New York: Washington Square Press, Inc., 1963). p. 131. 11 established the family group - the basis of all communities. Whether to facilitate the gathering of food, or as protection from animals and other men, or merely in order to survive nature itself, family groups banded together. Regardless of specific reasons, it is certain that their very existence depended on mutual support. Rules or laws, although rudimen- tary in nature, immediately proceeded this grouping of individuals. In fact, only through the most elementary rules or laws was a grouping possible - making existence and survival possible. ‘Each society has a system of social control, and all, but the very most primitive,have systems of behavior and institutions that are in reality laws.4 W. G. Sumner observed that 'societal regulation“ is one 'of the life necessities' of society 'indispensable for societal maintenance.‘5 The first regulation of human conduct was probably imposed un— ‘consciously and anonymously by the habits and customs of the society. Later as the society developed, these habits and E. Adamson Hoebel, The Law g£_Primitive Man (Cambridge: Harvard University Press, 1954), p. 4. 5 W. G. Sumner, Folkways, A_Study 9£_the Sociological Importance 9£_Usages, Manners, Customs and Morals (1906), and Sumner and A. G. Keller, The Science 9£_Society (1927), cited by Georges Gurvitch, Sociology 9f_Lay_(New York: Philosophical Library, Inc., 1942), p. 22. 12 customs became regulations or laws for succeeding generations to follow.6 This same inter—relation of law and society is found historically in the various philOSOphical schools of jurisprudence. The 'Natural Law' advocates felt that new laws were or are not really created, they were or are merely a recognition of what existed as law already — not as an ideal moral rule - but as a custom of popular action having roots in the spirit of the people.7 Friedlander, one of the 'Historical Jurists,‘ in Juristiche Encyklopadie, said that: Right and law are a product of the will of the peOple. But a people only wills what expresses its stage of civilization and its needs for the time being. Therefore, right and law develop in space and time.8 Justinian or Roman Law recognized custom as a basis of law, in that it states that the authority of long usage or customary law, stands legally upon the same plane as an enacted law. The Germanic Laws of western Europe, were written laws of the customs of the people in a stage when religious usage, social customs and traditional modes of 61bid.. p. 21. 7Savigny, Systems des heutigen Romischen Rechts, l & 7 (1840), cited by Roscoe Pound, Law and Morals (Chapel Hill: The University of North Carolina Press, 1926), pp. 14 - 15. 8Friedlander, Juristiche Encyklopadie (1847), cited by Roscoe Pound, Law and Morals, p. 18. 13 decision merged into a precept of social control. The common law of all civilized countries rests upon the customs of the . 9 soc1ety. Customs grew; they were not made to order. Therefore law also grew; it was not made. The function of legislation was only to 'restate,‘ to promulgate, to give a better ordered, system- atically arranged statement, reconciling incidental inconsistencies.lo Law as a means of attaining order is the most highly refined 1 method of control used by a society. 1 law consists of a specially demarked set of social norms that are maintained through the application of ‘1egal' sanctions. The entire operating system of sanctioning norms is what con— stitutes a system of social control. Law as a process is an aspect of the totaizsystem of social control maintained by a society. . . . the legal order is the most conspicuous and most effective form of social control. All agencies of social control Operate under the scrutiny, and in subordination to the exigencies, of the law. Religion, the internal discipline of the group of kindred or its analogues, and social customs, which were the efficient agencies of social control in antiquity, have gradually yielded their leadership as regulative systems to the claims of politically organized society. But 9Roscoe Pound, Law and Morals, pp. 20—21. 10113161.. p. 21. 11 . . . E. A. Ross, American Journal 9£_Soc1010gy (1896-1898), and Social Control, A_Survey g; the Foundation 9£_Order (1901). cited by Georges Gurvitch, Sociology 9f_Law, p. 24. 12 E. Adamson Hoebel, The Law 9£_Primitive Man (Cambridge: Harvard University Press, 1954), p. 15. 14 in the beginnings of legal development, in what we may call the pre-legal stage or the stage of primitive law, religion, law and morals are undifferentiated in a simpler social control that precedes the rise of the political organization and of religious organization. As late as the fourth century before Christ, after the city-state had achieved a high degree of political development, the Greek word 6 , which we translate as ’1aw,‘ was used in- discriminately, often by the same author, to mean traditional religious usage or observance, traditional social custom, traditional moral ideas, law (or rather social control) in general, and a particular enacted legal precept. We must remember that the first legii1ation is but a publication of received tradition. Man depended on the rules or laws of this primitive society for the survival of the group, but what of the indi- vidual who did not follow the rules, who broke the laws? To insure the Survival of the individual and his group, man devised ways to enforce the laws of the group. Consequently these concepts of enforcing laws became a primary means for group survival — a primary and fundamental institution in the cultural heritage of the society. Laws were necessary and basic to man's survival, but if there was no compliance with V’ the laws, the group was doomed - hence enforcing compliance with the law was and is the basis of group existence.l4 l3Roscoe Pound, Law and Morals,pp. 25—26. l4Charles Reith, The Blind Eye 9f History (London: Faber and Faber, Limited, 1952), p. 14. 15 More communities have perished by their inability to enforce laws than have been destroyed by nature or hostile aggression. In the history of communities, absence or weakness of effective law—enforcement machinery can be seen to be, very frequently, the true cause of failure in battle. 5 [Police power is the] “. . . power of promoting the public welfare by restraining and regulating the use of . "16 . . . liberty and prOperty. Two characteristics of police power are that it ”. . . aims directly to secure and promote the . . . . "17 public welfare, and it does so by restraint and compulsion. "Public policy assumes the superiority of social over indi- . . “18 . . . . . . Vidual interests. The various primitive soc1eties found different ways and means of securing compliance with the law - depending on all the various social factors of this developing society. The police today represent a current extreme of this continuum of society's desire to insure its “ existence. The foundation of the police in society can be traced to, and is inseparable from the very origin of the human community - police are the result of man's desire to survive. Samuel Johnson said that . . . the danger of un- bounded liberty and the danger of bounding it have produced 15Ibid., p. 15. l6Freund, 2p. Cit., preface. l7lbid., p. 3. 18 Ibid.. P. 11. 16 a problem in the science of government which human under- . . 9 . standing seems hitherto unable to solve. O. W. Wilson says that: Both unbounded liberty and its restrictions place basic human rights in jeopardy. Unbounded liberty jeopardizes the security of life and property and indeed, the security of our free society. Were this not so, there would be no need to place any restrictions on liberty. Restricting liberty, on the other hand, jeopardizes the basic human right to freedom in movement and conduct.20 It is evident that some liberty must be sacrificed for the . . . 21 . sake of security - law is the compromise. Police represent man's supreme compromise, a restriction of his individual liberty or freedom for the well being of the group. . . every one who receives the protection of society owes a return for the benefit, and the fact of living in society renders it indispensable that each should be bound to observe a certain line of conduct towards the rest.22 Shuxasocieties differ in origin, values, ideals - each with a distinct social heritage; since law and law enforcement are so basic to and inseparable from the develOpment of the 19O. W. Wilson, "Police Arrest Privileges in a Free Society," cited by Claude R. Sowle, Police Power and Indi- vidual Freedom, The Quest for Balance (Chicago: Aldine Publishing Company, 1962), p. 21. 20Ibid. 211bid., p. 22. 22 . . John Stuart Mill, 92, Cit., p. 131. 17 society - the cultural heritage and values of the community reflect the place and meaning of law enforcement in that society; therefore, the place and scope of law enforcement in the community should vary depending on the society that spawned it, and which it represents. A return to the origin and nature of the community. law, and the enforcing of laws within the community is necessary to understand the position or relation of law enforcement within the modern community. The means of secur- ing compliance with the law took various forms in the various groups. The first means of enforcing laws was very likely through group dependence or group pressure; probably followed closely by banishment from the community.23 Other forms of compliance were elicited by loyalty, fear of supernatural forces, punishment, or physical force. As primitive societies became more complex and the more fundamental methods of enforcing laws became less effective, each develOped more formal law enforcement systems, representing the needs. values, ideals and environment of the community. It is relevant to note and discuss further, type examples - extremes 2 3Edwin H. Sutherland and Donald R. Cressey, Principles 9§_Criminology (sixth edition; Chicago: J Lippincott Co., 1960), p. 82. B on the continuum of ways various developing societies secured compliance with their 'rules for group existence.‘ At one extreme was the group leader, who without losing any of his existing power, conferred on the community as a whole, the responsibility for enforcing compliance with the law. Thus the burden of enforcing laws for group . 24 surVival was delegated to the people. At the other end of the continuum was the group leader who secured the strong— est men to represent him — to insure that his laws were complied with. With the authority of the leader - in the name of the leader, these men were to seek out and punish those who did not comply with the laws of the group. In effect, this was an extension of the leader and his personal power 25 . . . to enforce the laws. For convenience of dISCUSSlon, these two systems have been termed respectively, Community Law Enforcement and Ruler Appointed Law Enforcement. It seems impossible to find in history a single instance of a community which flourished and survived for any appreciable length of time, and was inde- pendent of the need of some pgéice force or law- enforcement machinery 24Reith, 92, cit., p. 19. 2 5Richard Harrison, The Story 9: the World’s Police (London: Phoenix House, Ltd., 1955), p. 11. 2 6Reith, QE- cit., p. 178. CHAPTER III THE DEVELOPMENT OF COMMUNITY LAW ENFORCEMENT Community Law Enforcement, the system wherein the people within the community assumed responsibility for making and securing compliance with the '1aws of group survival,‘ spread rapidly, widely and concurrently in develOping primi- tive societies throughout the world. Some authorities suggest that this police system predates the formation of armies. Traces of this system can be found in ancient China and India. Early records indicate its existence in the German tribal communities of Central EurOpe during the rise of the Roman Empire.1 The family as the basic unit of the community was also the basic unit of this system of law enforcement. Family representatives and later group representatives became responsible for enforcing the law in the family and group.2 This community enforced law concept was developed and refined to its highest order in the early Saxon communities in England, where it progressed through the centuries, and lCharles Reith, The Blind Eye 9£_History (London: Faber and Faber, Limited, 1952), p. 14. 2 Charles Reith, A_Short History 9; the British Police (London: Geoffrey Cumberlege, Oxford University Press, 1948),p.l. 20 exists as the foundation of modern British law enforcement. Thus, the Anglo-Saxon, British development of law enforcement can serve as a valid representative example of the origin of Community Law Enforcement. THE ANGLO-SAXON PERIOD Forested land and a basic agricultural community were the physical characteristics of the environment in which the Anglo—Saxon community and community law enforcement developed. Since the land was heavily forested, the family group lived in relatively isolated pockets cleared from the forest.4 These factors influenced and contributed to British community development, and are perhaps a basis for the independence and self-sufficiency which characterize the Anglo-Saxon stock. who although existing and develOping under a monarchy, demanded and expected the right to police themselves. The family groups banded together into the first division of local government, the Tything. This was the area 3Ibid. 4 . Samuel G. Chapman and Colonel T. Eric St. Johnston, C.B.E., The Police Heritage in England and America (East Lansing: Michigan State University, 1962), p. 11. 21 in which ten of the family groups lived. Later, the King's division and designation of land area, which co-existed and was superimposed on the Tything, was the Shire or county. As society progressed and the need for more extensive mutual support became necessary, ten Tythings combined into the next division of local government, the Hundred. As Christian— ity became important to the peOple. the Hundred as a social and political entity became the Parish. As commercialism developed, the city or town emerged within the Parish struc— ture. As a point of departure, law enforcement will be examined in relation to the developing community following the unity of England under a King. At this time, the basic principles of the older local government organization co- existed with the King's political division. The Shire-Reeve. The residents of the Shire enjoyed a guarantee or promise for public order and security (The Kings Peace). The King guaranteed the people-protection, or a state of peace and security, in return for their allegiance . 6 . . . . . . to him. The Significant pOInt is that, at least theoretically. 5Ibid. 6Captain W. L. Melville Lee, A History g£_Police i3 Englang_(London: Methuen & Co., 1901), p. 1, citing Stubb's Constitutional History, end of para. 60. 22 the King was not imposing his will on the people arbitrarily; law enforcement was for the protection of the peOple. The King appointed to each of the approximately fifty- two Shires a representative to act in his behalf to maintain security for the people. This representative was called the Reeve (Judge). The Shire-Reeve had two basic functions: (1) maintaining law and Order within the Shire for the King (fulfilling the promise of the “King's Peace"), and (2) serving as Judge for the Shire.7 The Tything.‘ Following the thread of individual/ family/community responsibility for enforcing the laws, the Tything became the group of responsibility. The concept expanded from the responsibility of the family to control the conduct of its members, to the responsibility of all those living in the Tything to control the conduct of each other. Under the King system, the King held that all who owed allegiance to the King were responsible for (l) keeping the law themselves. and (2) insuring that others kept the law. The Tything became responsible for the conduct of each member of the Tything, and the Tythingman (either the elected head of the Tything or the appointed enforcer of law) 7 Chapman and St. Johnston, loc. cit. 23 was held accountable to the King for bringing any members of the Tything who violated the law (or broke the ”King‘s Peace") before the Shire-Reeve for judgement.8 The Hundred. As the Tything combined into Hundreds and the sc0pe of community responsibility became greater, the individual‘s responsibility remained for enforcing the laws upon his fellows. With the expansion of the group and the inherent increase of law violators, the necessity arose for a full—time enforcer of laws to represent the group. Thus, a system develOped whereby the residents of the Hundred selected one of their members each year, on a rotating basis, to be responsible to the group for enfOrcing its laws. Since not all of the residents of the Hundred community wanted the job of enforcing the law, those members who were selected but did not wish to serve, began paying other members to serve in their place. This 'paid deputy' system evolved and formalized to the point that eventually the Hundred community itself began appointing and paying individuals to enforce the laws of the community. The Shire-Reeve, now a form of circuit judge, traveled from Hundred to Hundred in his Shire, hearing cases brought before him by the peOple of the Hundred.9 81bid., pp. 11—12. 91bid., p. 12. 24 The Parish. With the passing of feudal times and the rise of religious emphasis, the rural community organization passed from the Hundred to the Parish. The Parish was the land area in which the peOple who worshipped in the same Parish Church lived. The Society had progressed from a combination of families based on family organizations, to an organization based on an external force, the church. In effect, continuing the Hundred system of selecting law enforcement personnel, the expanded Hundred or Parish selected individuals from the Parish to represent it and act in its behalf to enforce compliance of the laws.10 The Parish also established certain qualifications which it felt the Constable should possess. l. Honesty to execute his office truly without malice, affection, or partiality. 2. Knowledge: to understand his duty, what he ought to do. 3. Ability, as well in estate as in body, that so he may attend and execute his office diligently, and not neglect the same through want or impotency. The Watch and Ward. With the growth of towns and industries and the congestion that followed, a type police loIbid. llCoke, viii. 43, cited by Captain W. L. Melville Lee, A_History gf_Police ip_England (London: Methuen & Co., 1901), p. 58. 25 to suit the needs of this particular kind of community devel- oped. Since most of the buildings were constructed of wood, fire became the enigma of the town. In order to protect merchandise stored in the warehouses, the other buildings, sh0ps and homes, the town guilds began to appoint a Watch and Ward, to watch for fire, and prevent peOple from breaking into the buildings.12 The social and political unrest incidental to the Industrial Revolution, and the poverty, unemployment and crowded cities generated the worst period of lawlessness in the history of Britain. Crime was rampant, mob violence ordinary. Crowds regularly marched onParliament to redress some real or imagined grievance. Riots were commonplace, destruction of property, and physical violence were the order of the day. Existing law enforcement; as characterized by the Watch and Ward was completely incapable of any control whatsoever. To cope with the situation, magistrates were authorized to call on the military, after reading the Riot Act to the mobs.13 As has been demonstrated throughout history, military intervention is only an immediate remedy and is incapable of any lasting civil control. Captain 2 l Chapman and St. Johnston, QEn cit., pp. 12-13. lBIbid.. p. 13. 26 W. L. Melville Lee. one of the early writers of British police history, made this observation: When a peOple emerges from the savage state its first care is the institution of some form of civil government. To this there is no exception . . . . Martial law may co—exist with, and at times obscure, the civil machinery; but depending essentially, as it does, on local and temporary causes, must in the end inevitably be superseded, and whenever there arises a conflict between the two, the civil administration ‘will invariably outstay the other by virtue of its everlasting necessity. 4 A Return to the Origin of Law Enforcement. Concern over the general lawlessness and mob control prompted Parliament to establish five commissions between 1780 and 1820, to investigate public law and order. The inaction of the commissions was based primarily on their fear of creating a police state. Many influential British felt it was far better to endure criminal violence, than to create a police who might Oppress and usurp their basic freedom. There finally emerged, in the person of Sir Robert Peel, a man with an answer to the problem, and in a position to exert the necessary influence to accomplish his purpose. As Home Secretary he took his cause to Parliament. He advo- cated a modern police system, but a system based on the 14Lee, 92, cit., pp. ix—x. 27 Anglo-Saxon heritage, of the community responsibility for preserving its own law and order. This was a modern embodi- ment of the age old tradition that helped establish the British community. In a note to the Duke of Wellington, Peel wrote, ”I want to teach people that liberty does not consist of having your house robbed by organized groups of thieves, and in leaving the principal streets of London in the possession of drunken women and vagabonds."15 He prOposed that a body of civilians be appointed to enforce the laws of, and for the people. As a result the Metropolitan Police of London was founded in 1829.16 Because it was based on the cultural values and heritage of the community, this police system in Britain today is extremely effective. The individual citizen knows that the police are representing him - enforcing laws in the name of, and for the citizen. Miss Audrey M. Davies in a paper prepared for the American Academy in January 1954 comments: Probably the one single element which is responsible above all others for the unparalleled co—operation prevailing today between the police and the public 15Ibid., p. 243. 16Chapman and St. Johnston, 92, cit., pp. l3—14. 28 in England is the complete integrity of the police under the law. They enjoy p0pu1ar confidence and esteem because the peOple know they will not over- step the safeguards to individual liberty provided under the law and rigorously protected by the courts. Of significance is the growth of the law enforcement system as an integral and inseparable part of the growth of the community. From family to nation, law enforcement has been a product of the peOple, stemming from their needs and desire for order and security; a system where the individual has exercised his right of, but more important, accepted the responsibility for, law enforcement. 7 . . . 1 John Coatman, Police (London: Oxford Univer51ty Press, 1959), p. 153, citing Miss Audrey Davies. CHAPTER IV THE DEVELOPMENT OF RULER APPOINTED LAW ENFORCEMENT Prussian Civil Code of 1794 Purpose and SCOpe of the Police Power 1. The State exists for the safety of the King's subjects in respect of the persons[ honour, rights, and property. 2. It is the duty of the State to make proper arrangements for the administration of justice, the protection of those unable to protect themselves, and for the prevention as well as the punishment of crime. 3. The office of the police is to set up such institutions as may be necessary to maintain the public peace, safety, and order, and to protect the public in general, or individual members therof, against any impending danger.1 At the other extreme of the continuum of ways various societies developed for enforcing laws, is Ruler Appointed Law Enforcement. This type of law enforcement has exerted a tremendous influence on the course of history. On one hand it created empires that allowed and fostered the progress of civilization, and on the other hand the system has created the tyrannies of a totalitarian slave state. The system has raised man to his highest pinnacles of success and at the same time destroyed him. It created the greatness of Babylon and Rome, and the horrors of Nazi Germany and Soviet Russia. John Coatman, Police (London: Oxford University Press. 1959). p. 81. 30 This ruler appointed police system was the means by ‘which the leaders of the mass-tribal, predatory migrations in Asia and EurOpe gained leadership of the hoards. Their Inilitary forces won the battles, but the police secured ‘their positions of leadership. As in the case of Community Law Enforcement, this Imolice system pre-dates recorded history, and is integral vvith the development of societies. One of the first recorded Lises of the formalized ruler appointed police was in ancient IBatwion, to enforce the famous Hammurabi Codes. History Ciiscloses little information, but under such a regency, with <2<3dified laws and a refined state of civilization, the ruler ealppointed police must have been effective. Evidence is found of extremely efficient ruler Eizppointed police in the various dynasties of ancient Egypt. $3r1efru in the fourth dynasty developed a rather extensive crinvil administration utilizing ruler police for control. Tqflea country was divided into 'counties' under a Hik_or 9‘3\7emnor, who administered the territory and the police 2Charles Reith, The Blind Eye g£_History (London: FalDEHr and Faber, Limited, 1952), p.178. 31bid.. pp. 178-179. 31 . 4 . . . for the Pnaraoh. Ahmose in 1580, B.C., gained control With a military force and established a strong central government Vflith an efficient civil service system and a type of glendarmerie called 'Citizens of the Army.l which enforced the Pharaoh's laws.5 An interesting papyrus document was found which de- sscribes the ruler police of Harnab in the nineteenth dynasty .investigating a crime. The first act was for the officials of the Pharaoh to visit the scene of the crime and satisfy themselves as to the facts, taking some of the thieves with them to identify the scene of the crime. This done, the evidence was heard . . . . Each witness, whether sus- pected of complicity or not. was given a preliminary bastinado. If this did not achieve the desired result, it could be repeated.6 The various Tyrants of the Greek City States gained t:}1eir power with personal police and were only able to enforce 1:}1eir laws by means of a.strong ruler police system. The Scythian Archers, the ruler police introduced by Peisistratus in Athens, lived on the outskirts of the town, 4S. A. Cook, Cambridge Ancient History, Vbl. I, Ch. 5, Clted by Charles Reith, The Blind Eye 9_f_ History, p. 181. 5J. H. Breasted, Cambridge Ancient History, Vol. II, (3}1 3, cited by Charles Reith, The Blind Eye gf History, p. 182. _ 6T. E. Peet, Cambridge Ancient History, VOl. II, Ch. 9, (“Lileed by Charles Reith, The Blind Eye g£_History, p. 184. 7Reith, gp,_cit.. p. 193. 32 gyuarded the city, were evident in the Assembly, and performed iroutine police duties on the highways. An interesting story :is recorded of the Scythian police in action. During the t:ime of Pericles, a serious situation was developing because tihe citizens were failing their duty of serving in the IEcclesia courts, so Pericles attempted to secure attendance loy'coercion. Archers under the direction of six lexiarchs and their thirty assistants shut up the booths in the marketplace, closed the streets that did not lead to the Pynx, and by means of smeared rcpes tried to force the loiterers to attend Ecclesia. The scholiast says that those who were marked were subject to a fine.9 The Spartans also develOped a form of efficient ruler Ipc>lice including a covert undercover force. Although the rise, prOSperity and fall of the Roman Empire is characterized by the Legions, or military control, tliea Emperor Augustus gained and maintained control of the PeOple with his personal police force. One object was to 8K. Wernicke, Hermes, Vol. XXVI (1891): "Die Polizei- “ERCZIIe auf der Burg Athen," cited by Charles Reith, The Blind .EREEi (of History, p. 182. 9Robert J. Bonner and Gertrude Smith, The Administration 9E: ~3W1stice from Homer £2_Aristotle, cited by Charles Reith, Eglfii. Eglind Eye gf_History, p. 197. 10 Reith, 92, cit., p. 199. 33 czounter the power of the Legions by expanding and maintaining ea strong police force under his direct control. He estab- jlished three types of police: 1. The Praetorian Guards were the elite bodyguard ()f the Emperor, designed for his personal protection. They vvere deployed in Rome and throughout the provincial towns. 2. The Urban Cohorts were a ggndarmerie type city Ipcflice. The Emperor selected their chief (the leader Aggraefectus urbi), who was always a senator of consular rank. {Fine chief had judicial powers in the name of the Emperor. 3. The Vigiles was a combination police-fire force, czcampletely civilian in nature. They wore the customary short ssvvord, but their weapon and sign of authority was the baton. {Pliey were allowed to inflict corporal punishment on thieves earlci robbers. but were required to refer serious offenders to ‘tlles Urban Cohorts for disposition. For the most part they Were the exclusive 'night police' of Rome and shared police anties with the Urban Cohorts during the day. These various fNDITCZes represented a tremendous power in the hand of the Emperor . \ llIbid., pp. 225—226. 2 C l P. K. Baillie Reynolds, The Vigiles of Imperial Rome, it2€3C>lice.20 Continuing the philosoPhy of ruler appointed FKDCLice,in the criminal laws of all Communist countries, \ l7Ibid.. pp. 242—243. 18Coatman, 92, cit., pp. 156-158. 19 20 Ibid. Ibid., p. 178. 38 almost every form of crime is a crime against the state, rather than a crime against the people.21 Ruler appointed police systems are characteristically the government's police rather than the peOple's police. The ruler appointed police system must not be looked at entirely with disdain. It is true that it represents possible dangers - its basic weakness is the concentrated power it represents. However, the system is inseparable from the growth and tradition of the society — and as a basic institution can and does in many societies embody what the peOple expect and want from the police. This type of police system,although associated with dictatorship, con- tinues to thrive in most of the countries in the world, in types of governments that range from dictatorships, through socialism, to democracy. The importance of the historical origin of the ruler appointed police is its relation, place. and status in the community and what it means to the peOple. 21Ibid., p. 176. CHAPTER V LAW ENFORCEMENT AND SOCIETY On the continuum of law enforcement development, from the community where the people are identified with the law, and.laws are enforced in the name of the people, to the (zommunity where law is the tool of the ruler or ruling govern- Inent, the underlying theme is the relation of law and law tenforcement to the peOple. The extremes being close identi— ffication versus complete separation of law, law enforcement, ideally 21nd peOple. The position of police within a society, tihen, is inseparable from and should reflect the origin of lxaw and law enforcement within the society. Each society ‘vniews the police in relation to the cultural significance of IPCDIice and law enforcement in the develOpment of the society. The attitude of the public towards the police varies from C‘—'<>1.Jlntry to country. The wider the gulf between police and More than IP€3<>ple the more distrust and less c00peration. ufilial police power can equal an authoritarian government; leaSSS than usual police power can equal no government. The \ 1John Coatman, Police (London: Oxford University Press, 1 95 9). pp. 156-158. 40 :police then occupy that shifting borderland between policy and people — law and living — order and justice - government and those from whom and for whom the government is derived. What the police do, and are, determines whether people ‘have a political life, have freedom, for freedom is govern- Inent according to the consensus of the entire society. (Zonversely, what the government does and is determines the 'type of police in the society. If there is a government of, lay. and for the peOple — police represent the people. If tihe government is an individual or group of individuals not zaepresentative of the people — the police represent the gycwernment instead of the people, i.e., Community Law Enforce- ment - Ruler Appointed Law Enforcement. Law will never be strong unless it has the sentiment of the peOple behind it . . . . Lord Bryce Law enforcement is the basic social institution for Exrweserving peace and public safety - it is the organization ‘tlléat ensures the essentials of civilized life. The police i31T€a the agents of the law that people developed to control \ 2Asher Byrnes, Government Against the Pe9ple (New York: Dodd, Mead and Company, 1946). p. 16. 31bid., p. 3. 41big.. p. 14. 41 themselves in Community Law Enforcement societies, therefore the police power stems from the people. Police are the ultimate sanction of the peOple in these societies. In Ruler Appointed Police type societies, police are the ultimate . 5 , . . . . sanction of the government. The pOSItion of police in societies results from the nature, objective and Operation <3f the civil administration — the historical develOpment and traditions of the police in that society - and by the . . 6 irelations between police and people. . . . The attitude of the general body of citizens towards the police provides a touch stone of the quality and conduct of the police themselves. Where the police are efficient, honest, impartial, and conduct themselves as servants of the public, they win public regard and can count confidently on assistance from the general public . . . a basic truth concerning the police of democratic countries . . . is that the quality and efficiency of the police themselves depend largely, if not mainly on favourable public Opinion, and consequential support. A POLICE SYSTEM MUST BE REPRESENTATIVE OF THE SOCIETY The Japanese developed a highly effective police system C315 the ruler appointed type. It reflected the Japanese tLITEidition, society and cultural heritage, and was consequently \ 5Coatman, 92, cit., pp. 3-4. 6Ibid., pp. 7-8. 7Ibid., p. 6. 42 highly effective. Police were respected — had status - were the embodiment of the government and the Emperor; the police were looked at as the paternalistic protectors of society. Although as viewed from a democratic tradition, the police were too centralized - too powerful; from the Japanese or Oriental tradition, the police seemed to reflect what the peOple wanted and needed. Soon after the surrender of Japan, the United States felt it necessary to ”democratize” the police - impose our police system 922§_the traditions, on this Oriental society. In 1946, American police advisors from New York and California were sent to Japan to help reorganize the police as an American prototype. Consequently, the police were decentralized; administrative powers were reduced; police functions were limited to prevention and investigation, and local citizen control of police depart- ments was instituted. Not because these concepts were wrong. but because they were imposed on a society, the system failed. The democratized police were not effective. Shortly after the peace treaty with the United States was signed and American occupation ended, the Japanese re-centralized their .police; citizen control was retained only in name; and €3dministrative functions and police authority were restored 43 The Japanese police are again an effective organization — respected by the peOple - and are operating in a democratic society.8 We do not condemn governments because they are not exactly like ours — we should not condemn police systems that are not like ours, as long as they reflect what the particular people want from police, what police mean to the people. As government is a cultural tradition of the peOple, so is law enforcement a cultural tradition of the people. Although in British Commonwealth countries and (colonies, the Anglo-Saxon police system was inherited from LBritain, the police systems were modified to reflect the lony; one whose society represents a blend of Arabic. Pkiddle East with Bantu or Black Africa. 121 Indonesia was selected as an example of a viable law enforcement program in an ex-Dutch colony for overcoming peOple-police anomosity; an attempt to relate the law enforce- ment to the traditional culture as a means of social control. 122 I. REPUBLIC OF TURKEY Background. Turkish law enforcement traces its origin for twelve hundred years to the mass migrations from Asia, the Seljuk Turkish Nation and the Ottoman Empire. Historically, the administration of justice and law enforce- ment was the responsibility of the Kadilar (judges). In the 14th century Ottoman Empire, there was a formal police organization which was a branch of the Army, and a detective force, Bocekci Basi, which was in part staffed by ex— criminals. In 1867, police representatives were assigned to local governors and district administrators to assist in local law enforcement. The Police Reform Law of 1907, added executive, judicial and administrative branches and further modernized law enforcement. When the Turkish Republic was established in 1923, law enforcement was reorganized to serve Republican concepts of government. Government. There is a central national government and sixty-seven local provincial governments. The national Shovernment appoints the governors of the sixty—seven prov- ilices. The provincial legislatures, the 'Representative C<>uncils,' are elected locally in each province. The sixty- 123 seven provinces are further organized into 553 districts. which are divided into 940 communes and villages who elect a village council. The Minister of Interior of the National Government arbitrates any differences between the provincial governors and their provincial councils. Police Organization. The Turkish Police is a central organization Of the National Government, responsible to the Minister Of Interior through the Director General of Public Security. National Police forces are assigned to provinces and districts under a Chief of Police who is re5ponsible for professional - technical direction of law enforcement, but the police also are responsible to the Provincial Governors and District Administrators (Kaymakams) who provide civil direction to the police in their areas. Judicial Police. The Judicial Police are the Criminal Investigators or Detective unit of the National Police Force. They maintain close ties with the judiciary. They are responsible for preparing and issuing warrants, and have jpublic prosecutor duties. Political Police. The Political Police are the Cc>unter-intelligence, anti-subversive unit of the National 124 Police Force. Their duties involve investigation and surveillance of subversive political activities; and include responsibility for any activities which involve the general security of the nation. Administrative Police. The Administrative Police are basically reSponsible for normal traffic and public safety functions. However, their responsibilities include enforcing customs and passport regulations, alien control, issuing hunting and fishing permits, enforcing moral codes, enforc- ing press and film controls, and licensing public estab- lishments. Personnel and Training. There are two National Police schools in Turkey; the Police Institute in Ankara, and the Police School in Istanbul. Prospective policemen must attend one of these schools and successfully graduate to qualify for service. The training is designed to be strenuous, both physically and mentally, to insure tOp quality policemen. These schools also provide in—service training for selected, outstanding individuals which results .in promotion to the rank of Sergeant when completed. There Eire also special courses for higher ranks in police management, Sllpervision, tactics and various technical subjects. 125 Police assignments are made on the national level. Salary is based on rank and achievement. Medical care, equipment and uniforms are supplied by the government, as is a pension on retirement. Police Ranks are: Police Chief (various degrees) Superintendent First Class Superintendent Second Class Captain Lieutenant Sergeant Constable. Disciplinary action may be taken at either the provincial or national level.1 1The Provost Marshal, United States Army Europe. .QSAREUR PAM 550-1 Foreign Countries, The Police p£_Europe. figrica, and Asia (Headquarters USAREUR APO 403, 1963), Pp. 63-65 . 126 NHMMDB m0 UHflmDmmm .H mMDUHm mmflgo moflaom uufluuman wmflgu muwaom HMflOsa>OHm moaaom mosaom moaaom HMOfluHHom m>aumuumaswap< HMHOHUSO _ muoumuumflcflap< _ uoauumah suflusumm oflansm mo Hmumsmw nouomHHn _ Hosum>ow HOfiHmusH mo Ansosw>oum Hmumflsfiz _ UGO§H0>OU HMGOHHMZ 127 II . ISRAEL Background. The Jewish Republic was founded in May, 1948, when the British Mandate over Palestine terminated. The country encompasses 7,992 square miles; with a pOpulation that has more than tripled since 1948; which in addition to border problems with Arab countries, and problems of popu- lation absorption and adjustment, creates a challenging law enforcement problem. The Israeli National Police Service was founded when the Republic was formed in 1948. The force was originally formed from a small nucleus Of ex-British police and army personnel with technical backgrounds. A major problem encountered by the Israeli police was to counter the anti- police, suspicious attitude maintained by the population. This obstacle has largely been surmounted by public relations programs. Police Organization. The Israeli Police Service is a National organization re8ponsible to the central government. .Although national in orientation, close COOperation is main- tained with local government and the population. Police 128 duties, authority and responsibilities are contained in the National Police Ordinance, which is based primarily on English Common Law. The National Police Service comes under a Ministry of Parliament which insures standardization of training, equipment, operation and separation Of the police from political influence. The Commander of the police is the Inspector General who operates a National Headquarters. The country is divided into three police districts with District Commanders in charge who are responsible directly to the Inspector General. National central services include ballistic, chemical and diSputed document laboratories, and criminal record and identification systems. An Institute of Pathology and Forensic Medicine is maintained in colaboration with Hebrew University. Other facilities and equipment include a modern communications system, a trans— portation fleet with coast guard boats, two light planes, light weapons, armored cars, horses for mounted patrols, and trained patrolling and tracking dogs. Israeli police in cities and normally throughout the country, perform their duties unarmed. There is a separately administered police organization, the Frontier Force, which is paramilitary in liature and is responsible for patrolling borders to prevent :infiltration Of hostile elements. 129 Pprsonnel and Training. Considerable emphasis is placed on training, both recruit and in-service. Training includes police science, criminalities, and modern police methods and procedures. Superior Officers are sent to a staff college for advanced work in administration and sociological subjects.2 22m. . pp. 67-69. 130 . , ,tp assumH .m mmson (A fllfil muoauumflo mosses muaaom «0 l mumpcmafioo uoauumao (it coflumUAMHucmoH- OEAHO mpnoumm —L L mnmunmsvpmom Hm:OHumz mopaom Hmausoum Hmumsmw MouUGQmCH shamans: usmfimaaumm Hmsoaumz 131 III. SOMALI REPUBLIC Background. On 1 July, 1960, the United Nations Trust Territory of Somali joined with the former British territory to form the independent Somali Republic. The Somali Police force traces its origin to the formation of the Somali Carabinieri in 1924 under the Italians. In 1941, the British Government administered Somaliland and organized a'Gendarmerie to provide security and police protection. The Italians became administrators of Somaliland again in 1950, under United Nations auspices. From 1950 to 1955 under the Italians, two forces provided police services, the Security Corps and the Somali Police. In 1956, the Security Corps was disbanded and seventy per cent of the Somalis, including ten Somali officers, were transferred to the police functions and a Somali Commandant of Police was appointed. The Police force now employs two policewoman. Of interest is that in April, 1960, the National Police furnished twenty- seven officers and one thousand men to form the Somali Republic National Army. Police Organization. The Somali Police is a national aumuumasa5pm rt. 1p (m _ ,_ Qusmum coflummflumm>cH nosmmm HMCHEAMU Hmflom m L _ mumuumsvpmmm mossom Hmcoflumz mosaom mo ucmpcmfifiou 135 IV. NIGERIA Background. Nigeria obtained its independence from Britain on 1 October, 1960. Nigeria is a federation of Lagos (the federal capitol) and the Eastern, Northern and Western Regions. The Federal Government is responsible for defense, external affairs, custom, excise, currency, banking, main communications, some institutions for higher learning and Police. The Regional Governments are responsible for many aSpects of economic develOpment, health, school education, local government, and the levying of taxes. In addition, the Northern and Western Regions have local police forces. Police Organization. The Nigerian Police Force is a National organization commanded by the Inspector General, who is responsible to the Prime Minister for maintaing law and order and preventing and detecting crime. Each Region has a Commissioner of Police who is responsible to the Premier of the Region for maintaining law and order and the prevention and detection of crime. Personnel strength of the force totals 15,000 men who Operate from 256 police posts 136 throughout the country. Contingents of from 2500 to 4000 police are assigned to Regional Commands under the Regional Commissioner. The Regional Commissioners are directly reSponsible to the Inspector General, but are also responsible to the Regional Premier for routine requirements. Operations. The police are generally unarmed. however police are trained in the use of tear gas and firearms. Anti-riot training is stressed; fifty man riot squads are fully mobile; minimum force is stressed. Communications consist Of a HF link from Force Headquarters in Lagos to the Regional Headquarters; thirty—eight HF subsidiary stations within the Regions; a VHF teleprinter system from Lagos to the Regions; and VHF stations in eight towns, linking patrol cars to stations. The police maintain a large fleet of motor vehicles and motor launches. ersonnel and Trainin a: ‘ Active recruiting programs attempt to provide the force with the best personnel available; with representation from as many tribes and regions as possible. Police Colleges are located at Ikeja and Kaduna. The police recruit training includes: basic law, police duties, drill, musketry, first aid and physical training. 137 On successful completion, the recruit graduates as a constable Of police. Since 1953, a program for cadet officers was insti- tuted. Men with higher than average education may qualify to go to the Police College at Ikeja for a year's course of instruction and graduate as a cadet subinspector; they are then sent to a Provincial Police Headquarters for several months of on the job training; then go to England for specialized training. Senior police are sent to the United Kingdom Police College at Bramshill and Tulliallan Castle in Scotland for advanced police training. 4319391.. PP.78-81. 8 4Hmmez .g MMDOHM u mumpsmEEOU coflumum _ mpmoflemo uoanumfln .1 mHmUflwmo coauufi humcflamaumfln moaaom amaosa>oum . . . m>qu Gofluofioum msoflumoHGSEEOO mummmsmne soHummflumm>cH mmcflpaeom uuomwcmufi musmfismfimm< monoumm mEaHO musmch macaumuwmo HOCCOmHmm .Q. .U. .m. .4. a. O. m. <. .ume .ume .ume .ume .Pmmn, .men wwm _ .Pmmn, ,L _ u. (mini - _ r c flocmum MoccammHEEOO moaaom mo Hmaommm . . . muommn Hmsoflwmflfifioo mumsoflmmafifioo QOGMHm Hmumsmw deflommm HouommmcH Hmsofimmm wuommn Hmumsww HouommmsH mu HEmum (H Hmsoflmmm Hmumflsfiz mfifinm 139 V. LEBANON Background. The Internal Security Force of Lebanon is a semi—national organization. All police organizations were combined under a central command in 1959. Although all police are subject to military law and.regulation, only a few Of the main elements are military in nature. Police Organization. The Internal Security Forces come under the Minister Of Interior. The Director General is appointed by the Council of Ministers and reports directly to the Minister of Interior. There are four major commands, commanded by a line officer who reports to the Director General; they are the Gendarmerie of Lebanon, the Beirut Police Command, the Judicial Police Command, and the Internal Security Forces Institute Command. An Inspector General is appointed by the President and reports directly to the Minister Of Interior. Law requires that he OOOperate with the Director General in ensuring a high level of supervision, efficiency, morale and training. A Council of Command is an administrative and advisory organization composed of: 140 1. The Director General of Internal Security. 2. Inspectorate General. 3. Commander of one or more Of the four major commands. Ex-Officio members include two high ranking Officers nomin— ated by the Army and approved by the Minister of Interior. The Council of Command reports directly to the Minister Of Interior and is responsible for recommendations concerning matters Of personnel strength, equipment and organization. It controls policy concerning selection, promotion, employ- ment regulations, and controls transfers of Officers. The General Staff is headed by a chief of staff and is divided into three General Staff Branches. The Special Affairs Branch is responsible for personnel matters. The Technical Affairs Branch is responsible for organization, training, collection Of information, and liaison. The Administrative Branch is responsible for the budget, fiscal management, liaison with the Army and Finance Minister, and logistics. The 2,800 man Gendarmerie is a paraemilitary organi- zation with the primary responsibilities of policing rural areas; and to provide, with the mobile battalion, an emergency force which can respond immediately when needed by other police units. The Regional Gendarmerie Company is commanded 141 by a major and is assigned to police a governate (the nation consists of four governates). The Gendarmerie commander is the chief Of police in the area his unit is stationed in. A platoon Of the company is assigned to a district, and stations are established in cities, towns, or for a group Of villages. The Police of Beirut consist of 1050 men and have the sole responsibility of policing the city Of Beirut. It is organized in companies and platoons which man police stations and posts within the city. There is also a traffic company, responsible for traffic regulation. The three hundred man Judicial Police is the criminal investigation organization and is responsible for assisting the Judiciary in investigating and prosecuting crimes. The Technical Investigation Division has a documents and archives bureau, a detective bureau, and a judicial records section. It provides central record and identifi- cation services for all Internal Security Forces. The General Investigation Division is responsible for nationwide investigation of crimes involving morals, gambling, forgery and narcotics. 142 The Criminal Investigative Units are attached to each Company of Gendarmerie and the Beirut City Police to provide criminal investigation support. Internal Security Forces Institute. This major command unit is concerned exclusively with education; recruit, in—service, and prespromotional training is accomplished at the Institute. Instructors are selected from outstanding personnel in the Internal Security Forces. The Institute emphasizes introduction of modern training techniques and methods. Personnel and Training, Most police recruits come from the Army. Following one year of service, army personnel can volunteer for the Internal Security Forces, and after successfully completing a six month course at the Institute will be assigned as policemen. Ex—servicemen who can meet the standards may also qualify by completing the six month course at the Institute. Civilians must first complete six months of basic training with the Army before qualifying for the six month Police Institute training program. 5Ibid.. pp. 74-77. mcoflumum 3 ZOZEMA . m ngm _ M 4 mCOOumam wmflsmmEOO , F . L m. means s :oHummHumw>sH .>Ha.pmm>CH .>flQ .umm>sH OHMmEumpswo soflamuumm HmcHEHHO Hmumsww Om amoasfioma Om Hmsonmm mHflfioz — Ir |_ A [C usmEmHm psmEEOU H _psm muwuwmovpmmm 0 m H _ m o a m: 4 masses 6 wwwuow mMAMom cocmpmq mufluoowm ow+w mo amaoflpoh HmsuwusH p . m OHHOEHmpst .Sosmum mufimmmd m>flumuumHCMEpm Sucmum muamwmm Hmoasnowa nocmnm muflmmm< amaowmm pamEEOU Hmumcmo mmmum Hmumcmw mo m mu HOpOmmmsH lllll wufluoumm HmcnmusH lllll HHUGSOU wo Hmumsmw Houowuwn HoaumucH mo Hmumflswz 144 VI. SUDAN Background. From 1892-1898, during the Mahdist regime, law enforcement was the responsibility of the regional Emirs who were directly answerable to the Khalifa in Omdurman for maintaining law and order in their regions. Community type law enforcement was generally practiced. Inhabitants of local areas pooled resources to maintain law and order and provide the necessary protection and security. Military law was instituted with the Anglo-Egyptian conquest. This was modified in 1908, and again in 1924 when civil police schools were Opened to train policemen. Government, There are nine provinces with provincial administrations composed of a National Government Represen— tative who is chairman of the Province Council; a Province Council composed of partly appointed and partly elected members, and a Province Authority composed of the senior national government officials from the various ministry's assigned to the province. There are, in addition, eighty- six local government areas, with Local Government Authori- ties. Although police is not a function of local government, in some areas local government Officials are appointed as 145 Officers and are responsible to the Provincial Commandant Of Police. The National government representative in each province is the Military Governor, who commands all armed forces in the province, including the police. Police Organization. The Sudanese Police Force is a central body under the Minister of Interior. A Commissioner Of Police has direct authority over the 10,240 man force. The Administrative Branch is responsible for financial and administrative matters. The Training Branch is responsible for all training to include supervision of the Police College. The Security Branch is responsible fOr preserving internal security, to include crime detection. This branch Operates all criminal and identification files. The Immigration and Nationality Branch is responsible for the control of aliens and issuance of travel documents. Personnel and Training. Each police unit maintains a recruit training center and is responsible for local recruit— ing. Outstanding constables may be promoted through the ranks. Commissioned Officers are obtained from either, (1) the ranks; or (2) from graduates Of the Sudan Police College. Criteria for promotion from the ranks are: (“UT-kWh)?" o 146 Under 40 years of age. At least 5' 8” in height. Rank of sergeant or above. Excellent character. Adequate education. Completion Of a six month course of instruction at the Sudan Police College. Criteria for selection to the Sudan Police College as officer candidates: (Following Between 19 and 22 years of age. High School graduate. 5' 8" in height minimum. two years of training at the Police College and having passed the final examination, cadets are commissioned as officers.) Promotion is based on review of a promotion board (appointed by the Commissioner of Police, for officers; and local boards for other ranks), Of those qualified and deserving. Police are retired at age fifty-five.6 61bid.. pp. 85-87. 147 figm mama. .0 EON—”m mmuuom mueaom mueaom m musw>oum mo u: pamEEOU mo Hmaosa>oum Hoaum>ow humufiafiz Sosmum gosmum muauoomm Sosmum maesfimue Aucmum towumNHHMHOumz paw . m>fiumuumHGflEU¢ coeumumeEH no mo . mo . W0 uwsofimmfififiou .ummM HOGOHanEEOO ummd HmGOfimmHEEOU ummfl Hmsoamw«EEb -umm< _ L. L A ,mufi ON mo HmsoflmmeEOU HoflumucH mo umuwflsflz 148 VII . INDONESIA Police-Social Relations in Indonesia An excellent example, in theory at least. of an Emerging Nation attempting to establish a viable relation between the society and the police is Indonesia's Tri-Brata program. The Indonesian Police Force during the Colonial Period was designed to further and protect the interests Of the Colonists. To enforce law and order they were actually used to suppress independence movements. With the coming of Independence, new police goals were necessary. The police were not working for the new independent government — supposedly reflecting the desires of the society. It was felt that along with the tasks of enforcing laws, the police must relate themselves to the peOple — the society. Police were enjoined to participate in all aspects of community activity and to acquaint themselves with peOple from all walks Of life. In order to establish a credo for the police of the new state - and to relate the police activity to the historic social control origin of law enforcement within the society. Professor Djokosutono, Dean of the Academy of Police Sciences 149 in Djakarta, in 1954 introduced new police principles bearing the ancient Sanskrit name Tri—Brata (three solemn vows). The Tri-Brata: I. The Police should be exemplary servants of the country and its peOple; II. The Police should be exemplary citizens of the state; III. The Police should be guardians of the self- discipline of the people. The vow is to apply to the police not only in their function as law enforcement Officers, but as human beings - members of the society, working for the well being of the new state. The law enforcement function has its roots in the origin of the society - and has functioned throughout the history Of the community from tribal times - through city states - to the modern structure of the nation. Regardless of the type community - type police system - the ultimate end of the community is to function for the happiness of man and the welfare of the group as a whole. The Tri-Brata, if practiced, lived - might well serve as a goal for Police Forces in all of the Emerging Nations.7 7General R. S. Soekanto, Chief Indonesian National Police, "Tri Brata, Principles of the Indonesian Police," The Police Chief, XXIII, No. 10 (October, 1956), pp. 47-48. 150 VIII. THE NATIONAL POLICE FORCE IN THE EMERGING NATIONS In the Emerging Nations of the world, the National Police Force which is a para-military organization, exerts a strong influence over the country; its peOple, government, and politics. It is not comparable to any organization in the United States, which makes it difficult for the American to comprehend the sc0pe and significance of this institution in the Emerging Nation. On the continuum of, from Community Law Enforcement to Ruler Appointed Law Enforcement, police agencies in the Emerging Nations fall toward the Ruler Appointed extreme. Whether for good or evil, they represent power — a central armed force in countries without arms. This police force (many of which are modeled after the French and British Colonial Police) is in reality a second army, or "internal army." The army, pp£_§p, is responsible for external aggression, or defending the borders of the country against an external force. The National Police is the "local army" maintaining law and order, social control, and providing security and protection for the population. 151 As representatives of the central government, scattered in police posts throughout the country, they are often the only contact the peOple have with the government; in fact. in many rural areas Of the world they are the government. As an intermediate institution between the government and the peOple, they act as a buffer between the government and the people. They relate the government's programs to the people; or Oppress the people, depending on the regime and orientation of the government. As an agency of social con- trol, in these rather primitive societies, they are the force that provides security and allows ordered society. By virtue Of their power alone, they command a tremendous respect from the population. In the society of the Emerging Nation, which developed the Ruler Appointed System, the police status is that of the ruler 4 to be loved, or feared - but always respected. In these nations, surging with social restlessness, the police are a formidable force to satisfy the quest for order and security, to counter the insurgent activity by enforcing the laws of the nation, and securing the pOpulation from illegal coercion and terror. As demonstrated in the survey of law enforcement systems, the level of education and training required Of 152 both Officer and enlisted policemen, is indicative of the status of a police career. Not withstanding, on the face, a favorable comparison with U. S. police training and educational requirements; this factor is extremely signifi- cant in grossly illiterate societies, where a status symbol is a fountain pen displayed prominently on the person, to create at least the impression that one can'write. Police functions and responsibilities in the Emerging Nation far transcend Anglo-U.S. concepts of police power. The National Police forces in the Emerging Nation generally have, in addition to normal police power, various military functions, and most important, administrative or regulatOry functions. These include: licensing hunting, fishing, business; and prostitutes; censoring; enforcing morals, sanitary regulations; issuing passPorts, travel permits, etc. This extension of police power is often criticized; however, in the milieu of the Emerging Nation, the police force is very Often the only existing institution capable of perform— ing these duties. In addition to these formal responsibilities, by virtue Of his training as a representative of the govern- ment, and by his position in the society, the policeman in rural posts Often serves, in addition to law enforcement 153 Officer, as district leader, both social and political, as doctor, lawyer, court, judge, jury, hunter, spokesman, marriage counselor, etc. Police methods, the seeming brutality of the National Police Force in the Emerging Nation is often criticized and undoubtedly with just cause. Although not to condone police brutality anywhere, under any circumstances, the various methods and techniques used must be viewed in context with the society - the social milieu, in which they are employed. What is considered brutal treatment to a New Yorker - a product of western civilization may be an everyday fact of life - the normal expected, accepted course Of events to a rural Asian. If the police represent, and their methods and techniques reflect the super—ego of the society - its cultural values, no issues should be taken of methods based only on the fact that they differ from what is considered propriety in another social setting. By virtue of its basic mission; by virtue of its discipline and armament; by virtue of its deployment throughout the entire nation, and contact with the people; by virtue of its central authority, the National Police Force in the Emerging Nation is also an important center of political power. CHAPTER XII CONCLUSION . . . whatever may be the nature, process and stage of human enterprise. . . the main object of the social system always remains the same; to guarantee security and stability. For the protection Of the entity against foreign violence, a military system is created . . . . TO insure internal stability a police force and legal system are set up. It was the purpose of this study to examine, in view of the social political climate, the law enforcement role in the growth of a nation by providing security and stability to the people and government. Based on this research, it is felt that law enforcement has four basic roles in the Emerging Nation which are integral to the process of Nation building. These roles are: the social role. the political role, the administrative role, and the tactical role. The social role of law enforcement involves the police function as a basic social institution, the agency for social control; the law enforcement relation to people as protector Of the society; servant of the people. The political role involves police as a government institution; the institution that exercises the government's legitimate 1Francis Delaisi. Political Myths and Economic Reali- ties (London: Williams and Norgate, Ltd., 1925), pp. 15-16. 155 right of coercion. In this role the police agency stands as a power center in the national government by virtue of its organization, strength, and deployment throughout the country. The administrative role involves the police as the administrative institution that bridges the gap between the national government and the village, tribe, or region; the agency which stands as a buffer between the government and the peOple. It is the bureaucratic institution that provides various administrative needs and controls for the country and the people. The tactical role of law enforcement involves the mechanics of maintaining social order; the mechanics Of police work, coupled with an understanding of the technical means of subduing the enemy; good police work, professionally accomplished. It must be considered, however, that the police tactical role in the Emerging Nation involves military type doctrine and Operations, in addition to the police role as it is conceived in the United States. These roles are acted concurrently, and are integral to the total aspect Of the law enforcement system; there are no clear cut lines differentiating the various roles. It is felt that this model may prove of value as a means to understanding, and perhaps, with further research, a method for evaluating law enforcement in the Emerging Nation. 156 The first hypothesis investigated was substantially supported; that is, ideally, law enforcement is a product Of the community it serves. The development Of the community and law, or rules of conduct are inseparable. They are interdependent and represent the cultural heritage of the society. Various societies found different means for enforcing their rules of conduct. The means for enforcing laws were mutually inclusive Of the growth of the society and represented the very foundation of the ideals of that society. The current pOsition of law and law enforcement within a society should be directly connected to the traditions and ideals of the society. This position in existing society ranges from the rather personal peOple—police relationship in societies that generated the Community Law Enforcement system, to the more authoritarian type position of police in the societies that develOped along the Ruler Appointed Police lines. Law and means of enforcing law- permeate the social fabric and tradition Of the society and the people. They are basic institutions - represent the individual‘s compromise of living in a group — and are extremely personal, in that they represent the order and security of civilization. The traditional place of the 157 police in the society is important to the individual - for it represents the existence of the society as he knows it - whether developed along Community lines or Ruler Appointed lines. Whether it represents a heritage Of the extension Of the individual policing himself or the paternalistic- protection-brother~teacher role Of the Ruler Appointed system, its importance remains the same. Although most societies represent various compromises between the two extremes of law enforcement systems, the relative position Of the police is indicative of the develop- ing society. It should be a personal possession of the society. Other police systems representing other cultural values of other societies can never lastingly be imposed on v a society. In Japan the position of the police represented authority. This role of the police is what the peOple expected and wanted - it represented their tradition, heritage, and way of life. Our system which placed the police as servants, representing the individual and insuring that the public laws were enforced was based on our heritage and was incompatable to the Oriental society. To establish the relation of law enforcement in the society it is necessary to examine the develOpment Of the society - for law. 158 law enforcement, and growth of the community are inseparable. As research indicated, rather than a truism - an existing fact, this traditional relation Of law enforcement and community in today's Emerging Nation is something to be strived for. However, any approach to improving law enforce- ment — community relations must take cognizance Of what law enforcement means to the society, and must insure that law enforcement agencies and individuals are playing the roles society has designated - that law enforcement stands for the ideals - represents and lives up to all those tangible and intangible values which are characteristic of the society's law, law enforcement heritage. [Police should be]. . . the primary constitutional force for the protection of individuals in the enjoy- ment of their legal rights, designed to stand between the powerful and the weak, to prevent Oppression, disaster and crime, and to represent the ause of law and order at all times and in all places. Law enforcement can and Often does serve as a tool for Oppressing people. This is an example of the inherent strength of the law enforcement institution. It is a power for good or evil - but it is still a power. As a government that oppresses the majority Of the population cannot last - neither can the law enforcement activity that aids in the 2 . . . Captain W. L. MelVille Lee, A History pp Police 33 England (London: Methuen and Co., 1901), pp. xi-xii. 159 Oppression. The result of understanding law enforcement's relation to peOple is an entree to understanding and/or working toward what law enforcement can be in a society - the sine quo non of lasting, viable, social control. The second hypothesis investigated was substantially verified; that is, as a basic institution representing social control; law enforcement can be a primary means of maintaining the stability and necessary secure environment, enabling the Emerging Nation to grow from community, ex—colony, village, or tribal complex to modern nation. The Emerging Nation is a manifestation Of the revolution of 'rising expectations' — the desire for self—determination. The Emerging Nation is a political entity striving for the social consensus of real nationhood, while concurrently trying to administer a formal legitimate state. The problems are manifold, social - economic — psychological and administrative. Before any real reforms, or progress can be made. basic social order is necessary. The national police forces provide the institution and means to secure this social control. With cognizance of the law enforcement role in the basic society, the social role of law enforcement in the Emerging Nation is evident: 160 allow law enforcement to relate itself to the society's desire for social control; allow it to represent what the society needs and wants. Let the Emerging Nation use the law enforcement institution as a means to relate its programs to the village, tribe, and region; to stand as a basic administrative institution between nation and people. Beset with its many problems, the Emerging Nation is the arena for insurgency; the violence, corruption, and undermining Of existing rules and political and moral conduct Of the society; and the creation of social disorder. In addition to the social and administrative roles of law enforcement; the tactical role of law enforcement as a means to counter the insurgent is evident: to provide social order and to protect the peOple and government from those forces that seek to disrupt the organized society. The importance of International Communism in relation to the Emerging Nation and Law Enforce- ment is in the threat it provides to social order. From its inception, the Communist Party has advocated overthrow Of existing nations by revolution. The dissident elements in the Emerging Nations, regardless of political orientation, have proven fertile ground for Communist manipulation. 161 The nature of insurgency is complete social disorder, regardless of means. Historically, insurgent movements have either allied themselves with, or used the tactics of the criminal. The tactical manifestations of insurgency are criminal acts by definition - against the legitimate legal code - and include murder, robbery, kidnapping, extortion, arson, etc. The real causes of the insurgency, the legitimate disatisfactions, must be corrected. Social,economic and political reforms are necessary, but social order must be attained and maintained so that these programs can be carried out. The people must be protected. This is a police function. To adequately perform this function, the people must sppportw the police - the police must represent the peOple. To achieve this mutual empathy - the police must play the role dictated by the society, by representing the traditional \ social control medium. ,In most of the Emerging Nations the police activity was established by the colonizing power, and enforced the desires of the ruling government - in many cases countering the forces of self—determination. This change of role of the police after the country has gained independence must be related to the people — by action and policy as well as information. To be effective, the police must represent the traditional values of social control. These ex-colonial, 162 national police forces represent a strong social and political power, for since they were used by the colonizing power to impose its control, they were well organized, equipped, and trained. Regardless Of the benevolence Of the colonizing power; regardless of whether or not a sound bureaucracy was trained to replace the colonial government, an efficient police organization was left. In many of the countries this national force is the most efficient, stable, educated, and professional government organization. By virtue of its relation to the people, representing the ruler under colonial government, it still represents power and strength to the people even though it may now be serving them, or the indig- enous government. The national police forces — law enforce- ment, can counter the insurgent tactically through professional tactical police methods, countering the acts Of violence and criminal activity and providing security to the people and nation. They can counter the insurgent by relating themselves to the peOple as a traditional means of attaining social control, representing the peOple's desire for rules, laws. and order; and as the administrative organization relating positively the government's programs, and acting as a link between government and people. 163 In summation it is felt that the following specific points have been substantially verified: A return to the origin and nature Of the community, law, and the enforcing of laws within the community is necessary to understand the position or relation of law enforcement within the modern community. Law enforcement is a product of the community it serves; either representing its best interests, or Oppressing it. Law enforcement is a basic social institution.‘ The Emerging Nation is beset with many problems; social, administrative, economic, psychological; the government is unstable. Many dissident factions in the nation, legitimate and otherwise, create serious threats to national - social stability. ' ./’ .r" In the Emerging Nations, the law enforcement activity represents a major power. Viable law enforcement is essential for the social control necessary to enable a nation to develOp according to its self-determined course. Effective, efficient law enforcement is the primary institution to counter those movements or dissident factions from within or without, whose aim is to subvert or replace the existing lawful government. International Communism is a threat to the Emerging Nation, for it Offers dissident factions an organization, doctrine, and tactical support expertise, to overthrow an existing government. The nature of insurgent activities is both social and tactical, the tactical activities are much the same as crime; i.e., terror, murder, robbery, etc.; all means to create social disorder. 164 The law enforcement role is extremely important from both the social asPect, relating the government to the people, and the tactical asPect, creating the necessary secure environment and maintaining social order, so that viable political programs can Operate. As a reflection Of the social milieu, the law enforce— ment activity in the Emerging Nation is significantly different than the United States' concept Of law enforcement. It is more comprehensive, represents more power, and has a relatively higher status position. It is hoped that this study has provided a frame of reference and way Of looking at (l) the origins of law enforcement and its relation to the peOple, cultural heritage, and values of the society it represents; and (2) as a basic institution of society, the law enforcement role in the struggle for nationhood and public sovereignty in the Emerging Nation, against the forces Of insurgency. It is felt that the cross disciplinary approach used would be Of significant aid in other areas of law enforcement research. NEED FOR FURTHER RESEARCH It is hOped that this effort will generate interest in further research relative to law enforcement and the Emerging Nation. Further social-anthrOpological studies Of law enforce- ment in particular societies, as a means Of improving modern law enforcement in the society would be useful. An 165 investigation Of the hypothesis that: The tactical counter- measures Of insurgency represent normal police activity; would be of significant value. 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Harrison, Richard. The Story p£_the World's Police. London: Phoenix House, Ltd., 1955. V" Hoebel, E. Adamson. The Law p£_Primitive Man. Cambridge, Massachusetts: Harvard University Press, 1954. Johnson, John J. (ed.). The Role p£_the Military ip_Under- ./ developed Countries. New Jersey: Princeton University Press, 1962. Lee, Captain W. L. Melville. §_History p£_Police pp England. London: Methuen and Co.. 1901. Lipset, Seymour Martin. Political Man. Garden City, New York: Doubleday and Company, Inc., 1963. McNeil, William H. The Rise p£_the West. Chicago: The University of Chicago Press, 1963. Mill. John Stuart. The Six Great Humanistic Essays p£_ JOhn Stuart Mill. New York: Washington Square Press, Inc., 1963. Millikan, Max F.,and Donald L. M. Blackmer. The Emerging Nations. Boston: Little, Brown and Company, 1961. Osanka, Franklin Mark (ed.). Modern Guerrilla Warfare. New YOrk: The Free Press of Glencoe, 1962. Paret, Peter. and John W. Shy. Guerrillas Sp the 1960's. Princeton Studies in World Politics, NO. 1, Second Edition. New York: Frederick A. Praeger, 1962. u 169 Pound. Roscoe. Law and Morals. Chapel Hill: The University of North Carolina Press, 1926. Pye, Lucian W. Guerrilla Communism ip_Malaya. Princeton: Princeton University Press, 1956. Reith, Charles. §_Short Historyp£_the British Police. London: Geoffrey Cumberlege, Oxford University Press, 1948. . The Blind Eye pleistory. London: Faber and Faber, Limited, 1952. Sowle, Claude R. Police Power and Individual Freedom, The Quest for Balance. Chicago: Aldine Publishing Company, 1962. Stearns, Raymond Phineas. Pageant p£_EurOpp. New York: Harcourt, Brace and Company, 1948. Sutherland, Edwin H“ and Donald R. Cressey. Principles p£_ Criminology, Sixth Edition. Chicago: J. B. Lippincott Co., 1960. Suyin, Han. And the Rain my Drink. New York: The New American Library of WOrld Literature, Inc., 1960. Tanham, George K. Communist Revolutionary Warfare. New YOrk: Frederick Praeger, 1961. Willoughby, Westel Woodbury. Social Justice. New York: The Macmillan Company, 1900. B. PUBLICATIONS OF THE GOVERNMENT. LEARNED SOCIETIES, AND OTHER ORGANIZATIONS Department of Social Science, The University College, Michigan State University. Problems p£_Change ;p_Underdeveloped Areas. Social Science Series 8, East Lansing, Michigan: Michigan State University Press, 1963. 170 Office, Chief of Information, Department of the Army. Special Warfarp Q, S, Army. Washington: Government Printing Office, 1962 The Provost Marshal, United States Army Europe, USAREUR PAM 550-1 Foreign Countries, The Police p§_EurOpe, Africa, and Asia. Headquarters USAREUR APO 403, 1963. D. PERIODICALS Bjelajac, Colonel Slavko N. "Unconventional Warfare: American and Soviet Approaches," The Annals pp_ppp American Academyp£_Political and Social Science. VOl. 341 (May, 1962), pp. 74-81. BOhannan, Charles T. R. "Antiguerrilla Operations," The Annals p§_the American Academy p£_Politica1 and Social Science, VOl. 341 (May, 1962). pp. 19-29. Clutterbuck, Colonel Richard L. "The SEP - Guerrilla Intelligence Source." Military Review, XLII, NO. 10 (October, 1962), pp. 13-21. Greenspan, Morris. "International Law and Its Protection for Participants in Unconventional warfare," The Annals p; the American Academy p£_POlitical and Social Science, VOl. 341 (May, 1962), pp. 30-41. Hilsman, ROger. "Internal war, The New Communist Tactic," Military Review, XIII, NO. 4 (April, 1962), pp. 11-22. Kleinman, Lt. Col. Forrest K. "Front and Center," Army, XIII, No. 5 (December, 1962), pp. 12-19. __ . "Report from Vietnam," Army, XII, NO. 2 (September, 1962), pp. 21-36, 90-92. Knorr, Klaus. "Unconventional Warfare: Strategy and Tactics in Internal Political Strife,“ The Annals pp_ppp. American Academy p£_Political and Social Science, Vol. 341 (May, 1962), pp. 53-64. 171 Lindsay, Franklin A. "Unconventional Warfare,“ Foreign Affairs, XL, NO. 2 (January, 1962), pp. 264-274. Marshal, Charles Burton. "Unconventional Warfare as a Concern of American Foreign Policy,” The Annals p§_ppp American Academy pp Political and Social Science, VO1. 341 (May, 1962), pp. 93-101. Mooney, Lt. Col. Harold T. "MP's in Counter-Insurgency," Army, XIII, NO. 4 (November, 1962) p. 65. Rhyne, Russell. "Patterns of Subversion and Violence." The Annals p£_the American Academy pp Political and Social Science, Vbl. 341 (May, 1962), pp. 65-73. . "Appendix, Unconventional Warfare - Problems and Questions," The Annals pp_the American Academy pp Political and Social Science,,VOl. 341 (May, 1962), pp. 102-107. Rigg, Colonel RObert B. "Catalog of Viet Cong Violence," Military_Review, XLII, NO. 12 (December, 1962) pp. 23-29. Rose, Arthur. “Bermuda and Its Police," The Police College Magazine, VII, No. 2 (Spring. 1962), pp. 151-156. Soekanto, General R. 8., Chief Indonesian National Police. "Tri-Brata, Principles of the Indonesian Police," The Police Chief, XXIII, NO. 10 (October, 1956), 47-48. Vance, Cyrus. Military Review, XLII, No. 12 (December, 1962), p. 29. Zawodny, J. K. "Forward," The Annals p§_the American Academy p; Political and Social Science, VOl. 341 (May, 1962), viii. "Guerrilla and Sabotage: Organization, Operations, Motivations, Escalation," The Annals p£_the American Academy p£_Politica1 and Social Science, VOl. 341 (May, 1962), pp. 8-18. 172 D. ESSAYS AND ARTICLES IN COLLECTIONS Bashore, Major Boyd T. "Dual Strategy for Limited War," Modern Guerrilla Warfare. Franklin Mark Osanka (ed.). New YOrk: The Free Press of Glencoe, 1962. Pp. 195. Bjelajac, Colonel Slavko N. "Soviet Activities in Under- developed Areas," Modern Guerrilla Warfare. Franklin Mark Osanka (ed.). New York: The Free Press of Glencoe, 1962. Pp. 412-416. . "Unconventional Warfare: American and Soviet Approaches," Modern Guerrilla Warfare. Franklin Mark Osanka (ed.). New York: The Free Press of Glencoe, 1962. Pp. 74-81. ' . "Unconventional Warfare in the Nuclear Era." Modern Guerrilla Warfare. Franklin Mark Osanka (ed.). New York: The Free Press of Glencoe, 1962. Pp. 439-451. Burnham, James. "Sticks, Stones and Atoms," Modern Guerrilla Warfare. Franklin Mark Osanka (ed.). New York: The Free Press of Glencoe, 1962. Pp. 417-424. Chapelle, Dickey. "How Castro Won," Modern Guerrilla Warfare. Franklin Mark Osanka (ed.). New York: The Free Press of Glencoe, 1962. Pp. 325-335. Crockett, Major Anthony. "Action in Malaya," Modern Guerrilla Warfare. Franklin Mark Osanka (ed.). New York: The Free Press of Glencoe, 1962. Pp. 310-312. Jordon, Lt. Col. George B. "Objectives and Methods Of Communist Guerrilla Warfare," Modern Guerrilla Warfare. Franklin Mark Osanka (ed.). New York: The Free Press of Glencoe, 1962. Pp. 399-411. Kautsky, JOhn H. "Nationalism,“ Political Change pp.Under-l‘ developed Countries: Nationalism and Communism. New York: JOhn Wiley and Sons, Inc., 1962. Pp. 30-56. 173 . "The Politics of Underdevelopment and Of Industrial-, ization," Political Change ;p_Underdeveloped Countries: Nationalism and Communism, New York: John Wiley and Sons, Inc., 1962. Pp. 13-29. . "Totalitarianism and the Future of Politics in the DevelOping Countries," Political Change ;p_Under- developed Countries: Nationalism and Communism. New York: John Wiley and Sons, Inc., 1962. Pp. 90-119. V Kutger, Lt. Col. Joseph P. "Irregular Warfare in Transition," Modern Guerrilla Warfare. Franklin Mark Osanka (ed.). New York: The Free Press Of Glencoe, 1962. Pp. 39-52. Linebarger, Paul M. A. "They Call 'Em Bandits in Malaya," Modern Guerrilla Warfare. Franklin Mark Osanka (ed.). New York: The Free Press Of Glencoe, 1962. Pp. 294-295. McNamara. Robert S. "The Third Challenge," Special Warfare S, S, Army. Office, Chief of Information, Department of the Army. Washington: Government Printing Office. 1962. Pp. 12-13. Miers, Brigadier R. C. H. "Both Sides Of the Guerrilla Hill," Special Warfare S, S, Army. Office, Chief of Information, Department of the Army. washington: Government Printing Office, 1962. Pp. 117-123. Orbis, Summer, 1958. Foreign Policy Research Institute. University of Pennslyvania. "Partisan Warfare," Modern Guerrilla Warfare. Franklin Mark Osanka (ed.). New YOrk: The Free Press of Glencoe, 1962. Pp. 65-79. Tirona, Lt. Col. Tomas C. "The Philippine Anti-Communist Campaign," Modern Guerrilla Warfare. Franklin Mark Osanka (ed.). New York: The Free Press of Glencoe. 1962. Pp. 204—205. Rostow, Walt W. "Countering Guerrilla Attack," Sppcial Warfare 9, S, Army. Office, Chief of Information, Department of the Army. washington: Government Printing Office, 1962. Pp. 20-25. 174 Warner, Dennis. "The Invisible Front Lines of South Vietnam," Modern Guerrilla Warfare. Franklin Mark Osanka (ed.). New York: The Free Press of Glencoe. 1962. Pp. 274-279. Wilkins, Lt. Col. Frederick. "Guerrilla Warfare," Modern Guerrilla Warfare. Franklin Mark Osanka (ed.). New YOrk: The Free Press Of Glencoe, 1962. Pp. 3-14. E. UNPUBLISHED MATERIALS Mei, Ko-Wang. "Oriental Police Systems and Communist Combat Measures." Michigan State University, East Lansing: School of Police Administration and Public Safety, 1963. (Mimeographed.) F. NEWSPAPERS Alexander, Holmes. "Kennedy 'Team' Deserves Credit for Crucial Venezuela Victory," The State Journal [Lansing, Michigan], January 14, 1964, p. A-6. Bourjaily, Monte, Jr. "Need is Clear for Civic Actions by the Military," Army Times, 13 November, 1963. Taylor, Henry J. "U. S. Courts Disaster Pretending Red Leopard Has Changed Spots," The State Journal [Lansing. Michigan], May 1, 1964, p. A-6. “I M MICH AN STAIE UNIVERSITY LIBRARIES III) II I III H “II || | 3 1193 03015 3927