CONTEMPORARY ISSUES

IN ENFORCEMENT LAW :
SOCIAL PRESPECTIVE
18 APRIL 2020
ROHANIMOHDSHAH@UITM.EDU.MY
 • LAW ENFORCEMENT IS ANY SYSTEM
• BY WHICH SOME MEMBERS OF GOVERNMENT ACT IN AN
ORGANIZED MANNER
• TO ENFORCE THE LAW BY DISCOVERING, DETERRING,
REHABILITATING, OR PUNISHING
• PEOPLE WHO VIOLATE THE RULES AND NORMS
GOVERNING THAT SOCIETY.
DEFINING • A TASK TYPICALLY CARRIED OUT BY THE POLICE, SHERIFF OR
THE ANOTHER LAW ENFORCEMENT ORGANIZATION
ENFORCEME
NT LAW
 • IT IS MOST FREQUENTLY APPLIED TO THOSE WHO
DIRECTLY ENGAGE IN PATROLS OR SURVEILLANCE
• TO DISSUADE AND DISCOVER CRIMINAL
ACTIVITY, AND
• THOSE WHO INVESTIGATE CRIMES AND
APPREHEND OFFENDERS,
• THE TERM ENCOMPASSES ENTITIES SUCH AS
COURTS AND CORRECTIONS,
• MOST CONCERNED WITH THE PREVENTION
AND PUNISHMENT OF CRIMES ORGANIZATIONS
• EXIST TO DISCOURAGE A WIDE VARIETY OF
NON-CRIMINAL VIOLATIONS OF RULES AND
CHARACTERISTI NORMS,
CS
 OBJECTIVE
Protecting
the public
from risk and
insecurity

Enforcing
the law
Objective

Securing
public order

Social
order
05/07/2020 4
 Most law enforcement is conducted by
some type of law enforcement agency,
◦ with the most typical agency fulfilling
this role being the police.
◦ Social investment in enforcement
through such organizations can be
massive,
◦ both in terms of the resources
invested in the activity, and
Discharging ◦ in the number of people
professionally engaged to perform
duty those functions
 ENFORCEMENT OFFICER

Executive appointed Defender of the peace

Enforcement
officer
Legitimate authority servant of the law

05/07/2020 6
 MALAYSIA

Pegawa
i Alam
Sekitar
SPRM Maritim

Polis
Pegawa
Imigres i
en Kesihat
an

05/07/2020 7
ROLE OF THE ENFORCEMENT OFFICER

Reduce risk and crime

Maintaini
ng
rol Involve in
society to

e
control risk
security and crime

Abiding policy 05/07/2020 8

Public Perspective on law
enforcement
“Trust between law enforcement agencies and
the people they protect and serve is essential in
a democracy.
It is key to the stability of our communities, the
integrity of our criminal justice system, and the
safe and effective delivery of policing services.”
Performance challenges
Law enforcement personnel across the nation today are facing complex challenges. Officers must address difficult realities on a
daily basis.
◦ interacting with individuals who have mental health or
◦ substance abuse issues,
◦ dealing with gun crimes, or
◦ responding to domestic violence,

In the midst of heightened racial and ethnic tensions, they must tackle these challenges
◦ with constrained or limited resources,
◦ including limited training,
◦ inadequate and outdated police equipment,
◦ enormous technological and data gaps,
◦ uneven recruitment, and
◦ reduced support services for officers.
ISSUE IN DISCHARGING DUTY
NT
DEFIA UR
VIO
nce
:
BEHA ICER
e Procedure Conflict of F
OF O
fl u
ide in
ts are not enforceme
• Oureign
fo
appropriat nt
e authority

Lack of
Delay in knowledg
enfocecin e in L
co o a ck o
ic al n g duty dischargin bet
wee rdinat
f
o lit tio g duty n ag ion
P rup enc
t er ies
in
05/07/2020 11
Primary Mission Of Keeping Their
Communities Safe
Circumstances involving illegal migrant :
◦ the creation of a “deportation force” to maximize the number of immigrants
removed from the country
◦ can you nae other methods in keeping communities safe ?

Can this act of maximizing action to secure public safety entangled with
local engagement and enforcement can harms communities in their attempt
to perform their function.
◦ Eg increase racial tension
◦ Create stigma of evil force
◦ Abuse of arrest power
◦ Unauthorised seize and seizure of property / entry
Successful performance measure
Sanctuary policies reduce litigation risks and are associated
with lower crime rates
Reduced litigation risks due to unlawful detention
Lower crime rates
 ATTACK BY THE PUBLIC

• STUDY SHOWS

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 FORCE FROM THE PUBLIC
• PUBLIC IS THE ONE USING FORCE AGAINST THE ENFORCEMENT OFFICER?

05/07/2020 15
 FORCE BY ENFORCEMENT AGENCY

• CASE STUDY

05/07/2020 16
 SOLUTION
• UNDERSTAND THE PUBLIC PERCEPTION ? THE PUBLIC NEED TO BE EDUCATED
• CAN LAW & POLICY ASSIST ?

05/07/2020 17
The Difference Between Law
Enforcement and Police work
 Fighting crime means more than just enforcing laws
 Often when we discuss criminal justice systems,
strategies, and even professions, the terms law
enforcement and policing are used interchangeably.
 Though to some the two concepts may seem to be
one and the same, to criminology practitioners the
differences are significant.
 In the current environment, there is a perception that
a gap has emerged between police departments and
their communities.
By focusing solely on law enforcement, as opposed to
the holistic approach to community policing, officers
risk widening the gap.
Taking a law enforcement-only approach to fighting
Why Does crime can encourage an us-against-them mentality,
both in officers and the members of the public they

the serve.
When police look to work within their communities to
Difference solve problems and fight crime together, it
encourages participation and ownership on behalf of

Matter? all parties and helps foster trust between officers and
the general public.
The Difference
CONCEPT OF LAW ENFORCEMENT CONCEPT OF POLICING

The concept of law enforcement consists of just The term policing has come to mean an
that: enforcing laws.
approach to fighting crime through
In its purest form, law enforcement requires an community service and problem solving.
unwavering adherence to rules and procedures.
It requires a holistic approach to dealing
It involves a focus on the letter of the law rather
than the spirit of the law.
with crime, taking into account the
problems that plague a community and
Citations are issued, arrests are made, and force
working with the people within that
is employed with little regard for the reason or
meaning behind a particular law or policy. community to solve them.
The Difference
CONCEPT OF LAW ENFORCEMENT CONCEPT OF POLICING

Law enforcement can be a very effective Policing requires

way to maintain public order and punish ◦ cooperation from residents, business
crime owners, and leaders who participate
◦ it is focused on requiring the members of a
in the process of reducing crime and
community or society to comply with the law
or face the consequences.
improving quality of life.

The problem of law enforcement as the sole While this idea of community policing
response to crime, however, is that it is may sound revolutionary, it actually
singular in its approach, responding to dates back to the earliest days of the
effects without consideration for causes. modern police force.
Difference Between Law
Enforcement and Policing
 Whereas law enforcement implies
compulsory compliance,.
 Where law enforcement uses the rule of
law and the threat of punishment to
enforce obedience
In a sense, law enforcement is but one
component of policing—one of many tools
in the toolbox available to police officers
and law enforcement agencies.
 policing suggests voluntary adherence
 policing is intended to deal with
behaviors through community
relationships and addressing root causes.
In a sense, law enforcement is but one
component of policing—one of many
tools in the toolbox available to police
officers and law enforcement agencies.
  How the basics of policing can restore trust and repair
relationships
 These principles outline the purpose and mission of policing and
provide admonishments for police forces so that they do not lose
sight of why they exist and whom they serve and those in the law
enforcement community would do well to recall and adhere to
them.

1. The purpose of the police force is to prevent crime and maintain

order.

2. Police depend on the approval and trust of the public in order to

effectively do their jobs.

NINE
3. The ultimate goal of policing is to achieve voluntary compliance
with the law in the community.

4. Police must be unwavering in their duties, maintaining impartiality

Principles and avoiding the temptation to act in vengeance toward the state or
individuals or to act in the place of the judiciary.

of Policing
5. Police must recognize that the more cooperation they can achieve
within the community, the less often they will need to use force to
achieve compliance with the law.
 6. Police must maintain the public favor and cooperation
by providing impartial and independent law enforcement
services, as opposed to succumbing and pandering to the
whims of the public. They must extend the same
courtesy and respect to everyone, regardless of
economic or social standing.
7.The use of force and physical control is a last resort,
only acceptable when other forms of persuasion have
failed.
8. Police officers must remember that they, too, are
NINE members of the public and that their purpose is to serve
and protect the community of which they are a part.

Principles 9. The true measure of the effectiveness of any police

force is not the number of arrests or police actions taken,

of Policing but the absence of criminal conduct and violations of the

law.
 Today, law enforcement is faced with many
challenges that are beyond the scope of their
primary duties and functions.
Efforts to increase police involvement in federal
enforcement with the real challenges facing
local law enforcement.
Instead of working to meet these growing
challenges, the administration is choosing to add
to them by pursuing an agenda guided
ideologues community priorities, interfere with
safety data, or political influence/preferences
Is there a separation of power between federal

Conclusion enforcement jurisdiction and local enforcement

jurisdiction?