Monday, 13 June 2011

Safety Tips

  • Always stay alert and be aware of your surroundings.
  • Get to know the neighbourhoods and neighbours where you live and work.
  • Authenticate persons before renting them room or house.
  • When sitting in your shops or offices, keep a vigilant eye around and ensure proper security arrangements.
  • If you see something unusual in your surroundings, evaluate it. After evaluation, if you still cannot determine if a threat exists or not, notify to the area Police station.
  • Police should also be informed of any strangers who may have come to stay in your neighborhood and whose activities appear suspicious.
  • Try to avoid visiting crowded places, markets, hotels, offices, video shops without necessity.
  • Do not touch any unidentified object. Explosive could be concealed in a number of  objects including toys, transistors, lunch boxes, bottles, bags etc.
  • Do not accept any parcels from strangers.
  • Make eye contact with people around you.
  • While traveling, always check under your seats for any suspicious objects.
  • Keep your mobile phone charged and make sure that all emergency numbers are feeded in your mobile.
  • Citizens should inform the police regarding any suspicious activities, abandoned vehicles, articles, and other objects by visiting the nearest police station or by calling 15.
  • Lock doors while driving.
  • Ensure that you close all windows and quarter glasses of your vehicle and lock up the vehicle every time you park it, even if you’ll be gone only for a short while. The bonnet and boot should also be properly secured.
  • Look around for people before leaving your car.
  • Before opening a car door, drivers should make sure that its boot, bonnet and  doors have not been tempered with. If there is any sign of suspicion, the local police should be approached for help, immediately.
  • People have to be aware of all the signs of suspected suicide bombers, for example, putting on abnormally extra clothing, walking heavy-footed, excessive perspiration, something protruding from the body while walking, looking nervous, displaying suspicious behavior etc.

Friday, 10 June 2011

Measures in Improvement of General Criminal Administration System: Shahid Rashid

The criminal justice administration system refers to the system used by the government to maintain social control, enforce laws, and administer justice. It has become a basic necessity in every society as an ally of the State in the maintenance of law and order. Emphasizing the need of a co-ordinate set-up for the smooth functioning of the judiciary, administration, police and representative democratic institutions mentioning solutions based on short -term as well as long-term approach.

Short-Term Approach
 The short-term approach proposes no basic structural changes in the existing system of criminal administration. Its emphasis is on allocation of adequate budgetary resources, rationalization of police-population ratio and improvement in policing style through the institutionalization of community policing punctuated by a sound media' policy and revival of the "pantheist" system in conjunction with the activation of the role of local village officials like "Numberdars" /"Chowkidars" and adoption of a sound strategy of crime control on the pattern of measures adopted by the Punjab police during the period form 20 June, 1991 to I June, 1993.

Long-Term Approach
 The long-term approach includes the preparation of preparation of Five Years Plans (as was done in the Punjab in 1991-92) encompassing traffic management, training, transport and communications, arms modernization, modernization of equipment and logistic, constitution of a police technical cadre, modernization of investigative aids, detective training school, modern aid and equipment for scientific investigation, police buildings, manpower and morale, separation of investigation from watch and ward, strengthening of sub-divisional command, Judicial lockups at sub divisional level, induction at S.I. level with minimum academic qualification of a graduate, encouragement of private detective and security agencies and police morale boosting.
 The proposals should be made for improving the functioning of the prosecution agency, courts, prisons and medico-legal services. It further touches on the issue of the international dimension of crime and proposes a mechanism for co-operation amongst democratic countries against terrorism.
Objectives of Criminal Justice System (with special reference to Pakistan)
Criminal Justice refers to the agencies of government charged with enforcing law, adjudicating crime, and correcting criminal conduct
 The criminal justice system is essentially an instrument of social control: society considers some behaviors so dangerous and destructive that it either strictly controls their occurrence or outlaws them outright. It is the job of the agencies of justice to prevent these behaviors by apprehending and punishing transgressors or deterring their future occurrence. Although society maintains other forms of social control, such as the family, school, and church, they are designed to deal with moral, not legal, misbehavior. Only the criminal justice system has the power to control crime and punish criminals.
So, the main objectives of the criminal justice system can be categorized as follows:
# To prevent the occurrence of crime.
# To punish the transgressors and the criminals.
# To rehabilitate the transgressors and the criminals.
# To compensate the victims as far as possible.
# To maintain law and order in the society.
# To deter the offenders from committing any criminal act in the future.

Of late, the relevance of our criminal justice system- both substantive and procedural- a replica of the British colonial jurisprudence, is being seriously questioned. Perhaps the criminal judicial system is based on the laws that are arbitrary and operate to the disadvantages of the poor. They have always come across as law for the poor rather than law of the poor. It operates on the weaker sections of the community, notwithstanding constitutional guarantee to the contrary.
There are hardly any people to advocate for the new laws to help the poor, there are practically none to pressurize the government and the legislature to amend the laws to protect the week and the poor. Even after five decades of independence, no serious efforts have been made to redraft penal norms, radicalize punitive processes, humanize prison houses and make anti-social and anti-national criminals etc. incapable of escaping the legal coils.
The criminal justice system is cumbersome, expensive and cumulatively disastrous. The poor can never reach the temple of justice because of heavy costs involved in gaining access and the mystique of legal ethos. The hierarchy of courts, with appeals after appeals, puts legal justice beyond the reach of the poor. Making the legal process costlier is an indirect denial of justice to the people and this hit hard on the lowest of the low in society. In fact, the legal system has lost its credibility for the weaker section of the community.
Of course, the judiciary in recent years has taken a lead and has come forward with a helping hand to give some relief to the victims of criminal justice in a limited way.
Some of the recent developments that have taken place during the last few years in our judicial delivery system to seek redress and accord justice to the poor are worth mentioning. The importance of these developments to the delivery system of justice can’t be ignored. They have revolutionized our judicial jurisprudence and will go a long way in giving relief to the large masses and the common man.
In view of the importance of the subject matter, it is proposed to explain in brief some of the important areas of the criminal justice system that have attracted the attention of the courts in recent years. These are:
1. Public interest litigation.
2. Bail justice jurisprudence.
3. Prison justice.
4. Compensation to the victims.
5. Legal aid and legal services.


Public Interest Litigation

Public interest has its origin in the United States. It was during the 1960s that public interest litigation emerges as a part of the legal aid movement primarily aimed at protecting the rights of the weaker sections of the community, such as the women, children, physically and mentally handicapped and the like.
In Pakistan during the last few years, a new wave of public interest litigation has struck the courts. It is being argued I some quarters that public interest litigation has opened a floodgate of litigation and by such action, the Pakistan judiciary seems to be projecting itself as the upholder of the freedom of people.
This over act of the judiciary is regarded as nothing but interference in the action of the executive, which is making a good and effective government impossible. It is pointed out that the judiciary might collide head on with the other organs of the State-the executive and the legislature- in which event, being the weakest, it would collapse.
Bail Justice System

Bail is a generic term used to mean judicial release from custodia legis. The right to bail- the right to be released from jail in a criminal case, after furnishing sufficient security and bond- has been recognized in every civilized society as a fundamental aspect of human rights. This is based on the principle that the object of a criminal proceeding is to secure the presence of the accused charged of a crime at the time of the inquiry, trial and investigation before the court, and to ensure the availability of the accused to serve the sentence, if convicted. It would be unjust and unfair to deprive a person of his freedom and liberty and keep him in confinement, if his presence in the court, whenever required for trial, is assured.


Prison Justice
Justice delayed is justice denied. This is more so in criminal cases where the liberty of an individual is at stake and in jeopardy. The irony of fate is that in all such cases, it is the poor and the week who are the victims of the criminal justice system, and not the rich who are able to get away.
The plight of under trial prisoners for the first time came to the notice of the Supreme Court of Pakistan in 1998, wherein it was disclosed that thousands of under trial prisoners were languishing in various jails in the Pakistan for periods longer than the maximum term for which they could have been sentenced, if convicted. While granting a character of freedom for under trials who had virtually spent their period of sentences, the court said their detention was clearly illegal and was in violation of their fundamental rights guaranteed under Art.21 of the Constitution of India. The court further said that speedy trial is a constitutional mandate and the State can’t avoid its constitutional mandate and its constitutional obligation by pleading financial or administrative inability.
There is however, hardly any change in the condition of the jails and the attitude of the jail administration, and in spite of constitutional mandate for speedy trial, there are over eighty thousands prisoners, convicts and under trials who are endlessly awaiting an early hearing of their cases.
It may be noted that the liberal remissions and grant of frequent paroles to the prisoners to spend time with their families would help to inculcate self confidence in prisoners and reduce the intensity of some of the prison vices. Unless there is introspection the part of all concerned with the criminal justice system, issues relating to jail reforms, improvement in the prisoner’s condition, and better administration of justice will continue to remain on paper. It is possible to reduce the backlog of criminal cases if the judiciary and lawyers together resolve to refrain from unnecessary and repeated adjournment.


Compensation to Victims of Crime

Criminal law, which reflects the social ambitions and norms of the society, is designed to punish as well as to reform the criminals, but it hardly takes any notice of by product of crime- i.e. its victim.
The poor victims of crime are entirely overlooked in misplaced sympathy for the criminal. The guilty man is lodged, fed, clothed, warmed, lighted, and entertained in a model cell at the expense of the state, from the taxes that the victim pays to the treasury. And, the victim, instead of being looked after, is contributing towards the care of prisoners during his stay in the prison. In fact, it is a weakness of our criminal jurisprudence that the victims of crime don’t attract due attention.
The code of criminal procedure, and Probation of Offenders Act, empowers the court to provide compensation to the victims of crime. However it is noted with regret that the courts seldom resort to exercising their powers liberally. No doubt in recent years, the Supreme Court and High Courts by invoking Art.21 of the Constitution have tried to give some compensatory relief to the poor victims of illegal detention at the hands of the executive. Such cases are, however, numbered and are not going to solve the malady.
Suggestions

Criminal Justice System in Pakistan requires a strong second look.
The criminal investigation system needs higher standards of professionalism and it should be provided adequate logistic and technological support. Serious offences should be classified for purpose of specialized investigation by specially selected, trained and experienced investigators. They should not be burdened with other duties like security, maintenance of law and order etc., and should be entrusted exclusively with investigation of serious offences.
The number of Forensic Science Institutions with modern technologies such as DNA fingerprinting technology should be enhanced. The system of plea-bargaining should be introduced as part of the process of decriminalization.
The greatest asset of the police in investigation of crimes and maintenance of law and order is the confidence of the people. Today, such public confidence is at the lowest ebb. The police are increasingly losing the benefit of this asset of public confidence. Hard intelligence in investigations comes from public cooperation. If police are seen as violators of law themselves or if they abuse their powers for intimidation and extortion, public develop an attitude of revulsion and the onerous duties and responsibilities that the police shoulder become more onerous and difficult.
In order that citizen’s confidence in the police administration is enhanced, the police administration in the districts should periodically review the statistics of all the arrests made by the police in the district and see as to in how many of the cases in which arrests were made culminated in the filing of charge-sheets in the court and how many of the arrests were ultimately turned out to be unnecessary. This review will check the tendency of unnecessary arrests. Some statistics indicate that in some districts in the country, nearly 80% of the arrests were made in respect of bailable offences.
The legal services authorities in the provinces should set up committees with the participation of civil society for bringing the accused and the victims together to work out compounding of offences
REFERENCES
1)     IMPACT OF LAWLESSNESS ON ECONOMIC DEVELOPMENT AND ROLE OF EFFECTIVE POLICING “ A CASE STUDY OF PAKISTAN 1969 to 1993” BY DR.AZHAR HASSAN NADEEM (FORMER INSPECTOR GENERAL OF POLICE PUNJAB).



2)    INTERNATIONAL JOURNAL OF CRIME & CRIMINALS USA.

3)    WIKIPEDIA, ARTICLE BY DAVID CAMERON ON COMPARATIVE STUDY ON CRIMINAL JUSTICE SYSTEM.
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Tuesday, 7 June 2011

HUMAN RESOURCES AND POLICING

The quality of welfare and training given to the police personnel has significant
impact on their operational efficiency and behavioral integrity. Therefore, the
 concerned authorities should give serious attention to the provision of appropriate and adequate welfare and training of the police. In this domain, I am discussing the various elements of welfare and training as components of human resource management. I apply the insight from the discussion to the analysis of training and welfare, including their challenges and imperatives in the governance of the “Police Force”.
In order to contextualize the discussion on human resources management, we
provide an overview of the functions and powers of the “Police Force”.

Functions & Powers
Prevention and detection of crime

Apprehension of offenders

Preservation of law and order

Protection of life and property

Enforcement of all laws and regulations with which they are charged

Human Resources Management
Broadly, human resources management consists of the following interrelated
processes and activities:

Determining required quantity, quality and composition of personnel

Recruiting new employees

Training new and serving employees

Deploying or assigning personnel to tasks

Remunerating and motivating staff

Disciplining erring personnel

Determining or negotiating and managing retirement processes and
benefits
The overall aim of HRM is to ensure that an organization realizes it goals or
objectives with optimal effectiveness and efficiency through proper mobilization
of human resources. The key components of human resources management are
personnel planning, recruitment, training and development, utilization,
performance evaluation, compensation and welfare.
Human resources management (HRM) is aimed at realizing
 (a) effectiveness and efficiency of employees in organization, an
 (b) satisfaction for the employee.
Generally, human resources management begins with and revolves around
manpower planning, which involves
 (a) analysis of employees required by an organization for its various tasks, and
(b) identifying and evaluating how an organization’s need can be met through recruitment, employee training(internally and externally), employee incentives and discipline and deployment of personnel.
If in the “Police Force”, these chains of decisions and activities would be disconnected. As a result, training does not translate to appropriate employees’ deployment and organizational effectiveness.
Training, the core element of HRM refers to the process of
(a) developing the competence of an individual in relation to specific tasks, and
(b) changing or enhancing the attitudes, dispositions and behavior of individuals through exposure to new information, technology and practice.
 The principal aim of training is to improve the competence of an individual. In organizational setting, training may be on –the- job or off-the job.
Training should be determined by work force need analysis and planning (manpower planning). Manpower planning, an important element of human resources management, involves constant evaluation or projection of needed manpower in the future, developing plans to attract and retain employees, allocating employees to task, training and motivating employees. Following these steps enables an organization to meet its need for efficient workers and to satisfy employees need for job satisfaction and welfare.
In the “Police Force”, training does not take into account:

1. The need of the Force in specific tasks and expertise
2. The skill and interest of officers

3. The need to match skills acquired in the course of training with deployment thereafter

4. Requisite infrastructure, facilities and supplies for effective use of skills acquired by officers during training for the purpose of efficiency in the Force and career advancement of the personnel
These gaps between training, skills, deployment and career advancement would be engendered the view in the Force that training is worthless to both the organization and the officers. Officers asked to proceed on leave sometimes try to avoid it because they see it as deprivation. Similarly, staff posted to training institutions as directing staff or instructors grumble and allege victimization. These unwholesome attitudes toward training and training institutions have adverse effects on the performance of the Force, in part because it breeds antiintellectualism and anti-professionalism.

Enhancing Training in the “Police Force
There are six related processes in human resources management. They are:
• Training policy and planning
• Training need analysis
• Designing and evaluating training delivery methods
• Implementation of training programmes
• Evaluation of training implementation or delivery, and
• Evaluation of the impact of training on the competence of employees and the efficiency of an organization in the short, medium and long run
Training Need Analysis (TNA) refers to the method of assessing the training programmes that are necessary to fill the gap between required and available skills within an organization generally and at all levels. Thus, training need analysis addresses what training an organization should provide its staff in order to remain effective, efficient and competitive. Training need analysis involves the following:
• Identification of gaps in skills within organization or its functionalunits;
• Identify individuals lacking skills required for their current, new or prospective job within the organization;
• Identify employees lacking skills but who possess the capability to
acquire needed skills through training;
• Identify appropriate training that meets the need of filling the gap in
required skills.
In order to develop and maintain appropriate training programmes in the” Police Force’ that will meet the needs of the organization and individual employees, the
following steps should be taken:
1. The training needs of the Force should be determined. For example, the core functions of the police are crime prevention, crime control, law enforcement, prosecution and assistance to citizens in distress. Crime control and prevention, and law enforcement require skills in surveillance, intelligence and investigation. Therefore, there should be
emphasis on the training of officers in these core areas. Effective training in these areas requires adequate forensic and surveillance facilities (communication, transportation, electronic monitoring devices, including CCTV for cities) in the country. This is not the case at present. Further, facilities and competences in routine aids to intelligence and
investigation like handwriting, ballistic and fingerprinting analyses are currently lacking. There is need to undertake training needs analysis in the light of the functions of the police and expected level of efficiency. The findings should guide training policy and programmes.

2. Training policy and planning: Training policy deals with a range of questions. How many people should be trained? Who should be trained? What are people being trained to do? How are people to be trained? Where are people to be trained? Who are the prospective trainers? How long will training last? What certifications are to be provided? What resources are required for training? How will the resources for training be mobilized? Where will the beneficiaries of the training programmes be deployed to enable them apply newly acquired skills? How will the impact of the training and trainees on organizational effectives be determined? The development of appropriate guidelines as well as decisions on these issues constitutes training policy.

3. Curricula: Curriculum development is important. In police-work, curriculum should be designed through a multi-disciplinary approach. This means that experts from different fields combining theory and practice should design the curriculum for the different courses. The core curricula for the training of police officers should emphasize skill required for efficiency in their core functions without neglecting the understanding of the factors in environment that impact on police efficiency, integrity and legitimacy.

4. Designing and evaluating training delivery methods: Training should be
designed to provide the skills and competencies needed for specific tasks. The content of training must be amenable to measurable knowledge outcomes. Curriculum should contain appropriate and adequate information and exercises for the acquisition of different type of skills that are necessary for police efficiency and integrity.

5. Implementation of training programmes: There should be scrupulous implementation of training programmes. Courses should be properly organized and managed. There should be appropriate and adequate instructors and instruction materials.

6. Monitoring and evaluation of training implementation or delivery: Training should be monitored and evaluated in relation to training policy and expected training outcomes in the curricula. There is need to evaluate the impact or training on competence of employees and efficiency of organization in the short, medium and long run. Training policy and programmes should be integrated with manpower flow.

There are three major dimensions of human resource flow:
(a) Inflow of employees – employee selection and recruitment;
(b) Through-flow of employees – promotion and horizontal or lateral
movements or transfers of employees, and
(c) Outflow of employees – redundancy, resignation, dismissal and
retirement
Recruitment and training in the “Police Force” should ensure that manpower flow is managed so that there is the right mix of staff that can function with optimal efficiency. In recent years, there have been reports of the retirement of aged personnel responsible for ballistic, fingerprint and handwriting analysis without corresponding replacements resulting in dearth of personnel in those critical fields.

Training has many benefits, including:
• Availability of highly skilled personnel within an organization;
• Increased effectiveness and efficiency as a result of mutual reinforcement of experience and improved skills acquired through job-related training;
• Increase employee job satisfaction and career development
The Police Authorities in collaboration with the Training Directorate of the “Police Force” need to review current training programmes and curricula in the Force in order to streamline them with the foregoing enumerated principles of training.
The following measures should be adopted to enhance welfare in the “Police Force”:
(a) Develop explicit rules and guidelines on operations and behaviors and their enforcement. The government should review The Police Regulations with a view to providing clear and appropriate guidelines for operations and conducts.
(b) Promotion should be determined by performance. There should be impartial and prompt enforcement of penalties against breaches of the Police Regulations
(c) Decent working condition should be guaranteed. Adequate working tools and facilities, working space, convenience (water, toilet) should be provided. Most police formations and stations lack working tools, including stationery, working space, toilet facilities and other conveniences.
(d) Police officers deserve adequate remuneration, especially salary and allowances. The remunerations of the police should reflect the dangers and inconveniences associated with their tasks. Further, salaries of the police should be reviewed every three years.
(e) Officers should be deployed on the basis of their competence and to areas where they are likely to be most effective and efficient.
(f) Provision of uniform and accoutrement: Due to inadequate plan for the supply of police uniform and accoutrement, the police would be poorly clothed and equipped. This deficiency affects the performance and public image of the police.
(g) Transportation and communication are critical for the efficiency of
security and intelligence personnel. These facilities are grossly inadequate and negatively impact on the performance and morale of the officers and the Force
(h) Housing: Barrack accommodation is useful in the country because it
facilitates mobilization. However, accommodation for the police is grossly
inadequately and existing ones are in general state of disrepair
(i) Health care: Police officers need access to efficient health care services, given the risk of violence and disabilities they face in the course of their work. In addition, insurance for risks of injury and death is necessary as a measure to enhance performance and morale of officers
(j) Prompt payment of severance benefits and regular payment of pensions enhance morale and motivate performance.