Criminal Justice System
Criminal Justice System
Criminal Justice System
SYSTEM
PREPARED BY: ALMIRA C. ANGKAL, RCRIM
CRIMINAL JUSTICE SYSTEM (CJS)
- refers to the sum total of instrumentation which a
society uses in the prevention and control of crime and
delinquency
- the machinery of the state or government which enforces
the rules of conduct necessary to protect life and
property and to maintain peace and order.
FUNCTIONS OF CRIMINAL JUSTICE
SYSTEM
Law Enforcement
Prosecution
Court
Corrections
Community
LAW ENFORCEMENT
LAW ENFORCEMENT
PATROL
Patrol is a proactive measure in policing. The
presence of uniformed police officers in an area
deters an individual who plans to commit any
violation of law. It is often called as the backbone of
police operations.
The police cannot satisfy the community in its
services without patrol, as it is the eyes and ears
wherein police plans and actions are based. It is the
bridge in establishing a better relation of the police an
the community towards one common goal – busting
crime and keeping peace and order.
MAJOR POLICE FUNCTIONS
1.Crime Prevention
2. Crime investigation
3. Traffic Supervision
Crime Prevention
is a method of anticipation, recognition and appraisal
of a crime risk, and initiation of action to preclude or
impede its occurrence. It is deemed as a primary goal
of policing and the first line of defense for the
community because it includes in its broadest
application, the elimination of the desire and
opportunity to commit a crime.
LEVEL OF ACTION IN CRIME
PREVENTION
1. Primary Level of Prevention. This is “based on one of
the principal division of criminology known as criminal
etiology – an attempt on scientific analysis of the causes of
crime.” It is more concerned with stressing on passive
measures such as the social awareness program, which
is an alternative in the elimination of the root cause of
crime in the community, whether in the neighborhood,
workplace, or even school.
2. Secondary Level of Prevention. This based on well-
established law enforcement practices to include
problem- oriented policing and hot spot analysis. It is
focused on specific problems espoused with the goals
of diminishing opportunities that increase tendencies
for the commission of crime.
3. Tertiary Level of Prevention. It is based on
procedures that usually serve as deterrence, if not
as a means of minimizing loss, damage, or hazard,
which have reactive characteristics.
CRIMINAL INVESTIGATION
CRIMINAL INVESTIGATION
- an art that deals with the identity and location of
offenders and provide evidence of his guilt in a criminal
proceeding
1. As a dispenser of justice
2. As an overseers of police
3. As a networker/ interactor
4. As a defender of the State
5. As an investigator
3. Mixed System – adopts both accusatorial and
inquisitorial, where the victim or his representatives
provide the facts, evidence and testimony of witness to
prove the guilt of the accused. The judge will investigate
and determine the guilt of the accused beyond
reasonable doubt and its moral certainty.
KINDS OF PROSECUTION SYSTEM
1. Inquisitorial System – the victim or his
representative has the responsibility for finding and
resenting evidence to the court. The accused is
presumed guilty until proven innocent.
2. Adversarial System – the judge searches the facts,
listens to witness to be taken and investigate to prove
the guilt or innocence of the accused. The accused is
presumed innocent until proven guilty.
PROSECUTOR
-also called PUBLIC PROSECUTOR and FISCAL
-the officer of the government whose function is
the prosecution of criminal actions partaking the
nature of criminal actions.
NATIONAL PROSECUTION SERVICE
-the prosecution arm of the government, particularly
in the investigation and prosecution of all criminal
cases, except those under the exclusive jurisdiction
of the Office of the Ombudsman
-Republic Act No. 10071, otherwise known as the
Prosecution Service Act of 2010 was enacted to
strengthen and rationalize the National Prosecution
Service
-enacted on April 8, 2010
-renamed the head of the National Prosecution
Service from Chief State Prosecutor to Prosecutor
General
The Secretary of Justice has the power to review,
reverse, revise, modify or affirm on appeal or petition
for reviews final judgments and orders of the
prosecutor general, regional prosecutors, provincial
prosecutors and city prosecutors.
PUBLIC ATTORNEY’S OFFICE
-reorganized pursuant to RA 9406, otherwise
known as the PAO Law of 2007
-headed by the Chief Public Attorney
OFFICE OF THE OMBUDSMAN
–the prosecutor arm of the government against
erring government officials who committed graft
and corrupt practices
-created by the 1987 Constitution
-has the power to investigate on its own, or on
complaint by any person, any act or omission of any
public official, employee, office or agency, when such
act or omission appears to be illegal, unjust,
improper or inefficient
PRELIMINARY
INVESTIGATION
PRELIMINARY INVESTIGATION
-an inquiry or proceeding to determine whether
there is sufficient ground to engender a well-founded
belief that a crime has been committed and the
respondent is probably guilty thereof and should be
held for trial
PERSONS AUTHORIZED TO CONDUCT
PRELIMINARY
1. Provincial or City Prosecutors and their assistants;
2. National and Regional State Prosecutors; and
3. Other officers as may be authorized by law:
a. special prosecutors as authorized by the
Ombudsman
PURPOSE OF PRELIMINARY
INVESTIGATION
The preliminary investigation is held to:
Protect the innocent against hasty, oppressive, and
malicious investigation.
Secure the person from open and public accusation and
the trouble and expense of a public trial.
Protect the State from a useless and expensive trial, thus
saving time, money, and energy.
OFFICERS AUTHORIZED TO CONDUCT
PRELIMINARY INVESTIGATION
1. Keeping peace
2. Deciding controversies
3. Administrative role
4. Decide the culpability or innocence of the accused.
5. Protector of human rights
JUDICIAL POWER
-the power to apply the laws to contests or disputes
concerning legally recognized rights or duties of and
between the state and the private persons or
between individual litigants in cases properly brought
before the judicial tribunals
POWER OF JUDICIAL REVIEW
-the power of the Supreme Court to determine
whether laws passed by Congress and acts of the
President are in accord with the Constitution when
the matter is raised.
JUDGE
-a public officer who by virtue of his office is clothed
with judicial authority. He is a public officer
lawfully appointed to decide litigated questions
according to law
JURISDICTION
-the power and authority of a court to hear, try and
decide cases
VENUE
-refers to the place where the action must be instituted
and tried
KINDS OF JURISDICTION OF THE COURTS
1) ARRAIGNMENT
2) PRE-TRIAL
3) TRIAL
4) JUDGMENT
5) APPEAL
FIRST STAGE:ARRAIGNMENT
-the stage where the accused is formally informed of
the charges against him by reading before him the
information or criminal complaint and asking him
whether he pleads guilty or not guilty as charged
-must be held within thirty (30) days from the date the
court acquires jurisdiction over the person of the
accused
SECOND STAGE: PRE-TRIAL
-a conference called by the judge that requires the
presence of both the prosecution and the accused
before the beginning of a trial
-mandatory in all criminal cases
PLEA BARGAINING
-the process whereby the accused, the offended
party and the prosecution work out a mutually
satisfactory disposition of the case subject to court
approval
THIRD STAGE:TRIAL
-the examination before a competent tribunal,
according to the laws of the land, of the facts put in
issue in a cause, for the purpose of determining such
issue
-the period for the introduction of evidence by
both parties
BURDEN OF PROOF
-refers to the duty of the prosecution to prove its
accusations against the accused
-the prosecution must prove that the accused is
guilty beyond reasonable doubt
FIFTH STAGE: APPEAL
-the elevation by an aggrieved party of any
decision, order or award of a lower body to a higher
body
- on appeal, the State is represented by the Solicitor
General (SolGen), an officer of the government
under the Department of Justice
CORRECTIONS
CORRECTIONS
-that branch of the administration of criminal justice
charged with the responsibility for the custody, supervision
and rehabilitation of convicted offenders
PENOLOGY
- a branch of criminology which deals with the
treatment, management and administration of inmates
PURPOSE OF CORRECTIONS
1. Deterrence – is the use of punishment as a threat to
deter people from offending. It is the “prevented effect
with actual or threatened punishment of offenders has
upon potential offenders.” The concept of deterrence has
two key assumption: (1) the specific punishments imposed
on offenders will deter or prevent them from committing
further crimes; (2) The second is that fear of punishment
will prevent others from committing similar crimes.
2. Rehabilitation – corrections is designed and
directed towards reinstating of the offenders to
community, and enhancing the community’s acceptance
for him to fit into the society and be a law- abiding and
productive citizen.
3. Reintegration – This is similar to rehabilitative
model, in the sense that it considers the offender’s
need for assistance. Also, this process accepts that the
criminal behavior is due to the gap between the
criminal and the community.
4. Isolation of Prisoners – there is a wide consensus
to insulate criminals from the law abiding citizen so as
not to pollute them
5. Punishment – corrections operates as the society’s
primary formal dispense of punishment.
PUNISHMENT & PENALTY
Punishment – is the “redress that the state takes against
an offending member of society” that usually involves pain
and suffering.
Penalty – is defined as the “suffering inflicted by the state
against an offending member” for the transgression of
law.
SOCIAL JUSTIFICATION OF PENALTY
1. Prevention – the state must punish the criminal to
prevent or suppress the danger to the state from
criminal acts of the offender.
2. Self-defense – the state has a right to punish the
criminal as a measure of self- defense so as to protect
society from the threat and wrong inflicted by the
criminal
3. Reformation – the objective of punishment in
criminal case is to correct and reform the offender.
4. Exemplarity – the criminal is punished by the state
as an act to deter others from committing crimes.
5. Justice – the state punishes the criminal as an act of
retributive justice and a vindication of the absolute
right and moral law he violated (Reyes, 2012)
FUNCTIONS OF CORRECTIONS
EXECUTIVE CLEMENCY
-the collective term for absolute pardon, conditional
pardon, reprieve and commutation of sentence
PROBATION
-a disposition under which a defendant, after
conviction and sentence, is released subject to
conditions imposed by the court and to the
supervision of a probation officer
-provided by Presidential Decree No 968, the
Probation Law of 1976
PARDON
-an act of grace, proceeding from the power
entrusted with the execution of the laws, which
exempts the individual on whom it is bestowed
from the punishment which the law inflicts for a
crime he has committed
TWO KINDS OF PARDON
1) ABSOLUTE PARDON
-refers to the total extinction of the criminal liability
of the individual to whom it is granted without any
condition whatsoever and restores to the individual
his civil rights and remits the penalty imposed for
the particular offense of which he was convicted
2)CONDITIONAL PARDON
-refers to an exemption of an individual, within
certain limits or conditions, from the punishment that
the law inflicts for the offense he has committed
resulting in the partial extinction of his criminal
liability
REPRIEVE
-the temporary suspension of the execution of a
sentence, especially of a sentence of death, or is the
postponement of a death sentence
COMMUTATION OF SENTENCE
-an act of clemency by which a heavier or longer
sentence is reduced to a lighter or shorter term
AMNESTY
- the general pardon to rebels for their treason
and other high political offenses
- it is granted by the President subject to the
approval of Congress.
PAROLE
-procedure by which prisoners are selected for
release on the basis of individual response and
progress within the correctional institution and a
service by which they are provided with necessary
control and guidance as they serve the remainder of
their sentence within the community
- provided by Act No 4103, the Indeterminate
Sentence Law
- granted by the Board of Pardons and Parole
under the DOJ, which also reviews
recommendations submitted by the Parole and
Probation Administration
COMMUNITY
COMPONENTS OF COMMUITY
1. The Home – it is the cradle of personality, for in it
the child forms fundamental attitudes and habit that
endure throughout his life.
2. The School – it is in a strategic position to prevent
crime and delinquency because it exercise authority
over every child who is of school age. It has the
excellent opportunity to influence child’s attitudes and
behavior.
3. The Church – it points out to the faith their
relationship to God and their fellowmen, and who, by
work and example, lead community members to live a
moral life.
4. The Government – it is a duly constituted authority
that enforces the laws of the land, as such, it is the most
powerful institution as far as control of people is
concerned.
5. The Mass Media – it is considered as the best
instrument for information dissemination, and the best
source of knowledge for the public. It is where the
public opinions are formed and gives food for thought
to the people.
6. The Community Agencies – nation is composed
of people who interact with one another and follows
same rules and regulation
7. The Barangay Official – it is a cohesive group of
inhabitants possessing commitment and performing
well- defined and significant role that can be
transformed into effective and harmonious action for
the prevention and of crime and delinquency.
KATARUNGANG PAMBARANGAY
- establishes a system of amicably settling disputes at
the barangay level
- duly embodied under the pertinent provision of the
Local Government Code, as amended, or Republic
Act No. 7160
BRIEF HISTORY OF THE KATARUNGANG
PAMBARANGAY
PD1293– the law “CREATING A
KATARUNGANG PAMBARANGAY
COMMISSION TO STUDY THE FEASIBILITY
OF RESOLVING DISPUTES AT THE
BARANGAY LEVEL
- promulgated on 27 January 1978
PD 1508 – the law “ESTABLISHING A SYSTEM
OF AMICABLY SETTLING DISPUTES AT THE
BARANGAY LEVEL
RA 7160 – otherwise known as the “LOCAL
GOVERNMENT CODE OF 1991
provides for the REVISED KATARUNGANG
PAMBARANGAY LAW
- enacted on 10 October 1991
LUPONG TAGAPAMAYAPA
- a body of men created to settle disputes within the
barangay level
- shall be composed of the Barangay Chairman as
Chairman of the Lupon and the Barangay
Secretary as the Secretary of the Lupon
- Members shall be not less than ten (10) but not
more than twenty (20)
JURISDICTION OF THE LUPON
-those involving offenses that are punishable by
imprisonment of one year and below, or a fine in the
amount of five thousand pesos and (P5,000.00) or
below
MEDIATION OR CONCILIATION
– the process whereby disputants are persuaded by
the Punong Barangay or Pangkat to amicably settle
their disputes
THE END