Chapter l

The problem and Review of Related Literature

Introduction

Empowering law enforcement is one of the important matter that the

government and other law enforcement agencies should focus on in
implementing different laws in our society, because nowadays, the society in
everyday is not free in criminality, there are some people that do that
because of their personal personal needs and wants that ends in imprison,
however there are some people that convicted of being criminal even if they
do not do it.

If every policeman,every prosecutor,every court, and every post-

sentence agency performed his or its responsibility in strict accordance with
rules of law, precisely and narrowly laid down, the criminal law would be
ordered but intolerable.(Breitel, 1960)

So that, if the law enforcement agencies are do their responsibility in

enforcing the laws there should be in changing the rates of criminality in the
community and should be possible that the community will free in criminality
in everyday if the laws are implement.

When society endeavors to control undesirable behavior, it employs

methods that differ in fundamental ways, and one wonders why it has made
the choices that it evidently has.Further, why should society sometimes rely
on private citizens to report violatios of law, as happens under the tort
system, and at other times resort to police or other public enforcement
agents for that purpose.(Shavell,1993)Therefore,having a law in our society
can strengthen the human rights, resolving dispute and establishing a

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peaceful society, therefore, laws can protect the society from any kind of
crime, inequality and it will defence everyone to get their proper judgement,
however, there are some individuals that obey laws in our society.

Violent confrontations between police and the public sparked a national

conversation examining the relationship law enforcement agencies have with
the communities they serve. State lawmakers role in the discussion is critical
as they participate on task forces and consider and enact new laws that
address policing. Current policies being reviewed include community
policing, use of force, bias and policing data.(nscl.org)

So that, the aims of this study is to know the effects of empowering law
enfoecement in the community if the laws are implement in this community,
and if the law enforcement are having a relation in the criminality in the
community.

Both the normative and positive approaches to legislation, however,

generally have taken enforcement of laws for granted, and have not included
systematic analyses of the cost of enforcing different kinds of laws. In
separate studies1 we recently formulated rules designed to increase the
effectiveness of different laws. We proposed that offenders convicted of
violating laws be punished by an amount related to the value of the damages
caused to others, adjusted upwards for the probability that offenders avoid
conviction.(Becker & Stigler,1974)

IF EVERY policeman, every prosecutor, every court, and every post-sent

agency performed his or its responsibility in strict accordance with r of law,
precisely and narrowly laid down, the criminal law would be ord but
intolerable. Living would be a sterile compliance with soul-killing rul taboos.
By comparison, a primitive tribal society would seem free, indeed Yet there
are those who believe that the maximum substitution of rules of law for

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discretion is desirable. They believe that the improvement of crime control is
away from larger to lesser areas of discretion, from less to more rules of law.

The thesis of this discussion is that the presence and expansion of

discretion in crime control is both desirable and inevitable in a modern
democratic society. The thesis is that discretion may not be eliminated,
except at intolerable costand this is true at every level-police, prosecutor,
grand jury, petty jury, court, probation, correction, and parole. The question
then is not how to eliminate or reduce discretion, but how to control it so as
to avoid the unequal, the arbitrary, the discriminatory, and the oppressive.
(Breitel,1960)

WHEN society endeavors to control undesirable behavior, it employs

methods that differ in fundamental ways, and one wonders why it has made
the choices that it evidently has. Why should society sometimes engage in
outright prevention of acts-as when a policeman stops a person from
shooting a gun-and other times employ the threat of sanctions to deter
unwanted behavior-as when the state exacts fines for violation of safety
regulations or imposes liability for causing harm? And when sanctions are
applied, why should they sometimes be monetary in nature and at other
times take the form of imprisonment? Further, why should society sometimes
rely on private citizens to report violations of law, as happens under the tort
system, and at other times resort to police or other public enforcement
agents for that purpose? I will suggest in this article that these basic
questions about the observed structure of law enforcement can be answered
by reference to the theoretically optimal structure of enforcement; the actual
pattern of enforcement seems to be broadly consistent with the pattern that
is most effective in theory. (Shavell,1993)

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 Based on law enforcement tradition and the best of current practices, the
text explains the principles of effective management and supervision and the
relationships among all members of the law enforcement agency. The
discussion emphasizes that the development of self and subordinates is the
main task of law enforcement managers and supervisors; this effort is a
lifetime process that has professionalization as its goal. The text notes the
evolution of the manager's role from an authoritative one to one that is
oriented more to leadership. It also details the personal skills required of
successful managers, including communicating effectively; using time wisely;
budgeting; problemsolving; and making decisions, usually with the input of
subordinates. In addition, it explains how managers can educate and
motivate personnel to reach their personnel to reach their full potential, deal
with the problems and conflicts that arise in any organization, and
accomplish tasks through others. Discussion questions, chapter reference
lists, photographs, checklists, appended forms, glossary, and index.(Bennet
& Hess,2004)

Community policing creates the expectation that oficers will become

more selective in making arrests and that those decisions will be influenced
more by extralegal considerations and less by legal ones. Data on 451
nontraffic police‐suspect encounters were drawn from ridealong observations
in Richmond, Virginia, where the police department was implementing
community policing.The arrest/no arrest decision is regressed on variables
representing legal and extralegal characteristics of the situation. Legal
variables show much stronger effects than extralegal ones, but that depends
upon the officer's attitude toward community policing. Supporters of
community policing are, as predicted, more selective in making arrests and
much less influenced by legal variables than are officers with negative views.
However, pro‐community‐policing officers are like negative officers in the
extent of influence exerted by extralegal factors. There are some differences

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between the two groups of officers on the strength and direction of effects of
predictor variables taken individually, but only 1 of 17 is significant. Thus, in
a time of community policing, officers who support it do manifest some
arrest decision patterns distinguishable from those of colleagues who adhere
to a more traditional view of law enforcement.(Mastrofski, Worden and
Snipes,1995)

The Programme “Alcoholimetro” implememted by the Secretary of Public

Safety of the State of Yucatan in Mexico for over 15 years served as a best
practice for law enforcement officials from the Dominican Republic to learn
from and adapt to their own context. In addition, they were able to observe
how a breathalyzer checkpoint is executed by police officers in Merida and
how to interact with the media and community at large. During the
workshop, officials were also able to learn about the different media and
public awareness campaigns implemented by the Secretary of Public Safety
of Yucatan to educate citizens on the need of adopting a respectful traffic
culture.(unitar.org)

Law enforcement is increasingly expected to ground policies and

practices in evidence, and evidence-based policing is rightfully encouraged
as the new gold standard of practice. Somewhat absent from the discussion,
however, has been the reality that most law enforcement agencies lack the
capacity to identify and incorporate research results into policy and practice.
Policy-relevant research results are often published only in academic journals
(many of which are behind a paywall) that are written for an academic
audience. As such, research articles are often full of jargon and fail to
consider the relevance of the findings for on-the-ground application.
(Mcgough,2019)

Law enforcement officers want to be trusted while coming to sound

decisions through their own discretion — they do not want to be second-

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guessed. Some officers seem to perceive emerging technologies like body-
worn cameras as doing just that. Change in any profession is difficult, but
discretion and the autonomy of policing continue to be important. By
allowing for discretion, we empower and show trust in our officers. This is
vital because much of what they do is constrained by time, and these time
constraints are often uncertain and rapidly evolving. These dynamic
demands require law enforcement to shift priorities, using discretion paired
with informed, sound policy.Much of what law enforcement does is rooted in
training, anecdotal experiences, and good instincts. However, research
should play a large part in responding to the day-to-day challenges of
policing. The hope is that data and science, coupled with the craft of policing
and leadership support for evidence-based policing, will empower officers
with the evidence to be more effective.(Potts,n.d.)

The relationship between police departments and the communities they

serve and protect has been the focus of study in criminology and related
fields for decades. That work means that we understand why that
relationship is important—when the public trust and respect police they are
more likely to call on them for help, to cooperate with them in critical
situations, and work together to solve community problems—and the value
of a strong relationship for both police officers and citizens. We understand
why it is tough to build and maintain: even under the best of circumstances,
the role of police means that they interact with citizens at their most
vulnerable, must contend with stressful and volatile situations, and may have
to take actions that every individual involved is unlikely to view positively.The
uncertainty embedded in police-citizen interactions also challenges the
relationship from the police point of view: though officers interacting with
citizens courteously and respectfully is critically important, they must do so
with the knowledge that seemingly routine interactions could escalate into
threats to their or others’ safety—requiring a rapid switch in mindset and
approach.(Jackson,2015)

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Statement of the problem

1. How the socio demographic profile of the respondents be described in

terms of:
a.Gender c.Length of Service
b.Age

2. What are the effects of law enforcement in the rates of criminality?

3. Is there any significant relationship between the profile of the repondent

and the effect of empowerment law enforcement?

Significance of the study

 Law Enforcers - This study will make them to know on how laws can
be effective if the law(s) are enforce and empower.
 Policy makers - This study will make them know on how to create a
law that will decrease the criminality.
 Future researchers - This study may help future researchers on their
own research.They may widen the scope of their own study or improve
this research study.

Scope and Delimitation

This study will conducted at City Hall of Cabanatuan City in the S.Y. 2019-
2020, that covers the effects of Empowering of law enforcement in terms of:
criminality, safety and security and individual behaviour. The respondents of
this study are the Law enforcers in Cabanatuan City.

Theoretical framework

This study comes from the previous study of B.F. Skinner, the "Operant
Conditioning Theory. This theory focuses on the method of learning that
occurs through rewards and punishments for behavior.

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While according to Pavlov in his theory the "Classical Conditioning."Were the
dogs demonstrating, he summed it up like this: There's a neutral stimulus
(the bell), which by itself will not produce a response, like salivation. There's
also a non-neutral or unconditional stimulus (the food), which will produce an
unconditioned response (salivation). But if you present the neutral stimulus
and the unconditioned stimulus together, eventually the dog will learn to
associate the two.

People learn through observing others' behavior, attitude, and outcomes

of those behaviors."Most human behavior is learned observationally theough
modeling:from observing others, one forms an idea of how new behaviors are
performed, and on later occasions this coded information serves as a guide
for action" (Bandura, n.d.). Social learning theory explains human interaction
between cognitive behavior, and environmental influences.

Conceptual framework

This study comes from the previous study entitled "Factors affecting the
effectiveness of police performance in Metropolitan Police Bureau" the study
said, "Work effectiveness is the key to successful operation in an
organization. Organizations with appropriate procedures supporting ang
increasing the work effectiveness of their employees tend to receive a good
return on that investment and achieve rapid effective, and sustainable
development." However if the enforcers are not doing their role and
responsibility into the community there are some people that commit bad
doings example of that is committed a crime that obey the laws that
implemented,but if the enforcers are one who are responsible in doing good
deeds there's a probability that the people may follow them and follow the
laws implemented.

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Research Paradigm

Independent variable Dependent variable

Effects of empowering law

Socio-Demographic profile of enforcement in terms of:
the respondents:
Criminality
Age
Safety and Security
Gender

Length of service

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 Chapter II

Research Design

This study used the quantitative research design. Quantitative research

design was used to collect and gather information about the impact of
empowering law enforcement to the criminality, safety and security of
selected Barangay in Cabanatuan City Quantitative research design was
used to describe and to test relationships between objects. It was also
presented in numerical form, and analyzed through the use of statistics. It
focused on gathering numerical data and generalizing it across groups of
people or to explain a particular phenomenon. This research design was used
by giving questionnaires to the respondents of this study.

Instrumentation

The instrument used in gathering the data was a questionnaire. The

questionnaire was prepared by the researchers. Quantitative research
questionnaire was used to gather the data and information about the effects
of empowering law enforcement.

Population

The respondents of this study contain law enforcer that located in

Cabanatuan City.

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Data gathering procedure

The researchers use the survey questionnaire to gathered information

from the respondents. The questionnaire composed of different question and
ideas that the respondents can relate.The answer of respondents can be the
possible solution in those problem. It mainly shows the information needed in
the study and the things that the respondents must answer.The researchers
prepared a self- made questionnaire that was critique before it was
distributed to the respondents. It was then answered by the respondents and
those answers were tallied by the researchers in order to get the range and
computed result of the study. The researchers computed of how many
respondents have the same answer in a certain portion of the
questionnaire.The data will be compared from one another and afterwards be
analysed and concluded as the result of the study.

Sampling method

The respondents of this study will be chosen through Quota Sampling

procedure.Quota sampling is a non-probability sampling method in which
researchers can form a sample involving individuals that represent a
population and are chosen according to traits or qualities.

Statistical tool

The researcher use Spearman's Rank correlation to the analysis of the

data collected from the respondents about the Effects of Empowering Law
Enforcement.Spearman's Rho is a technique which can be used to
summarise the strength and direction (negative or positive) of a relationship
between two variables.

Formula for Spearman rho:

r= n(∑xy)-(∑x)(∑y)

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√(n∑x2)-(∑x)2 (n∑y2)-(∑y)2

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