3. Logo of justice
The blindfold represents
objectivity, in that justice is or
should be meted out objectively,
without fear or favour,
regardless of money, wealth,
power, or identity
balance scales, which
represent the weighing of
evidence.
Lady Justice is an allegorical
personification of the moral
force in judicial systems
5. - Criminal Justice System is defined as the machinery of the
State or government, which enforces the rules of conduct
necessary to protect life and property and maintain peace
and order.
- The sum total of instrumentation of which a society uses in
the prevention and control of crime and delinquency .
- Comprises all means used to enforce these standards of
conduct, which are deem necessary to protect individual and
to maintain general-wellbeing in the community
5
6. Functions of the Criminal
Justice System
The operation of the criminal justice system
includes the following:
Preventing the commission of crimes;
Enforcing the law;
Protecting life, individual rights and property;
Removing dangerous persons from the community;
Deterring people from indulging in criminal
activities;
Investigating, apprehending, prosecuting and
imposing penalty upon those who cannot be
deterred from violating the rules of society; and
Rehabilitating offenders and returning them to the
community as law-abiding and useful citizens of
the society.
7. CJS as a system
O Is one which consists of several parts that
interacts with each other to produce some
results, serve some functions, or meet
some objectives. Each part of the system
is expected to perform their
responsibilities for the attainment of their
common goals and objectives.
8. CJS-characteristics
O 1. systems have identifiable components-
there are parts or elements, structures
that perform certain function that
contribute to the functioning of the
system.- known as the PILLARS
9. O 2. each system constitutes an identifiable
whole- this means that we can distinguish
one system from the other. Each has its
function to perform within the system.
10. O 3. the system’s components are
interdependent-the elements of a system
affect each other and depend on each
other. One element cannot function
without the input from the other. Although
the parts or components are independent
from each other, they serve a common
goal.
11. O 4. each system operates within an in
environment-an environment consists of
any element outside the system’s
boundary. All other systems in our society
outside the CJS are part of its
environment.
12. CJS as a process
O Refers to the orderly progression of
events from the time a person is arrested
or taken out of the community,
investigated, prosecuted, sentenced,
punished, rehabilitated, and eventually
returned to the community.
13. NOTE:CRIME is in the center
of the cycle
POLICE
PROSECUTION
COURT
CORRECTION
COMMUNITY
14. Two Popular Approaches of
Criminal Justice
O Adversarial Approach
O Inquisitorial Approach
15. Distinguish Adversarial and
Inquisitorial
O As to Presumption:
The Adversarial Approach assumes the accused to
be innocent; while the Inquisitorial Approach
assumes the accused to be guilty.
O As to Burden of Proof:
The Adversarial Approach places the burden on the
public prosecutor to prove the guilt of the accused;
while the Inquisitorial Approach places the burden
of proving his innocence on the accused.
16. O As to Emphasis:
The Adversarial Approach places emphasis on the process; while
the Inquisitorial Approach places emphasis on the conviction of
the accused.
16
17. What are the two basic
principles of criminal law in
the administration of the
Criminal Justice System in the
Philippines?
Our system of justice operates on
two key principles of criminal law.
17
18. The first is “the presumption of
innocence”.
Thus, the accused is entitled to all
the rights of the citizens until
his/her guilt has been determined
by the court or by his/her
acknowledgement of his/her guilt
that he or she indeed committed
the crime.
[1] Art. III, Sec. 14 (2), Phil. Constitution.
18
19. 19
Explain the concept of the Principle
of Presumption of Innocence. Give
the source of this principle.
OIt is so provided by no less than the
Constitution of the Philippines.
OIt is incumbent upon the prosecutor to
prove that the accused is guilty as
charged. And in so doing, he/she must
rely on the strength of his/her evidence
and not on the weakness of the
accused’s evidence.
20. 5/15/2022 20
It follows, therefore, that the accused
is entitled to all the rights of an
individual citizen until the guilt is
proven.
21. The second principle is “the burden of
proof (which in criminal cases means
that the government must prove)
beyond reasonable doubt” that the
suspect committed the crime.
In criminal prosecutions, the state is
given a difficult burden. Nevertheless,
it is the bedrock of our social – and
through it, our legal- system.
[1] Rule 133, Sec. 2, Rules of Court.
21
22. 22
Explain the concept of Proof Beyond
Reasonable Doubt. Give the Legal source.
O Our criminal proceeding carries the penalty of imprisonment or
deprivation of liberty, and to the extreme, the punishment of
death.
O In order to make sure that only those who are guilty of the
crime are punished.
O Unless his guilt is shown beyond reasonable doubt, he is
entitled to an acquittal.[1]
[1] Rule 133, sec. 2. Rules of Court.
23. 23
MEANING OF PROOF BEYOND REASONABLE
DOUBT
Proof beyond reasonable doubt does not mean such a degree of
proof as, excluding he possibility of error, produces absolute
certainty. Moral certainty is only required, or that degree of proof
which produces conviction in an unprejudiced mind.
24. Justice
O Is a social norm providing guidance for people in
their dealings with one another; as a standard
against which actions are evaluated; and as a
prescription for requirement that people act justly.
25. O The criminal justice system is intended to deal with
crime. It is expected to do so by applying the law
and producing results that approximate justice.
Indeed, justice is the primary output of the system
and the bottom line of the process.
26. Law
O The instrument in achieving justice.
O A major input in the criminal justice
system.
O Law is society’s primary instrument for
making known what acts are considered
crime and what sanctions may be applied
to those who commit acts defined as
crimes.
27. 27
Define Criminal Law.
In our setting, Criminal law is defined as that branch of public law,
which defines crimes, treats of their nature, and provides for their
punishment.
28. Note:
O Not all laws are criminal law, thus its
function are basically to mandate and to
prohibit.
29. SUBSTANTIVE PROCEDURAL
-defines the
elements that are
necessary for an act
to constitute as a
crime and therefore
punishable.
refers to a statute that
provides procedures
appropriate for the
enforcement of the
Substantive Criminal
Law.
TWO CLASSIFICATIONS
OF CRIMINAL LAW
30. OBasically, the role of the police in society is crime
prevention which is the main goal of the CJS.
They are the initiator of CJS.
ANATOMY OF CRIME
OPPORTU
NITY
MOTIVE
CRIM
E
INSTRUM
ENTALITIE
S
31. CRIMINAL IN RELATION TO CRIMINAL
JUSTICE SYSTEM
Who is the criminal in relation to the
administration of the Criminal Justice
System?
O The criminal is the main character or the principal actor, so to
speak, of the Criminal Justice System. Some authors even
refer to him as the superstar, if you will, because upon him
the pillars of the system REVOLVE.
31
32. LEGAL SOCIOLOGICAL PHSYCOLOGICAL
Is a “convicted”
person whose
behavior does
not follow the
general pattern
approved by
law-abiding
society
A person who
violated a
social norm or
one who did an
anti-social act
A person who
violated rules
of conduct due
to behavioral
maladjustment
What is CRIMINAL??
33. What are the different nomenclatures given to
the person who is being processed under the
Criminal Justice System?
They are the following:
1. At the police stage, during investigation or custodial
interrogation regarding his/her involvement or participation in
the commission of the crime, he/she is referred to as the
SUSPECT.
2. At the Prosecutors office, during the determination of probable
cause or during the Preliminary Investigation, he is referred to
as the RESPONDENT.
33
34. 34
3. At the trial of the case, when a case has been filed in Court,
he is referred to as the ACCUSED.
4. When the court finds the accused guilty beyond reasonable
doubt, he is referred to as a CONVICT or CONVICTED FELON
5. It is only upon full service of sentence , that the person who
undergone through the five pillars of the CJS is referred to as
CRIMINAL.
35. The five stages of the CJS
1. ARREST
O the taking of the person into custody in order that
he may be bound to answer for the commission of
an offense.
O Could be done through;
O A. POLICE OBSERVATION-ARREST-BOOKING-
INVESTIGATION
O B. COMPLAINT- INVESTIGATION-ARREST-
BOOKING
36. 2. CHARGING STAGE
O police output in the form of an arrested or booked
suspect becomes input in the charging stage. The
prosecution will decide whether the suspect will be
tried for the commission of a crime (finding of
probable cause). At this point, evidence will be
evaluated, law is studied, even interview of
witnesses and police investigators to aid the
decision whether to proceed to the next level.
37. 3. ADJUDICATION STAGE
O this is done in court, here, there is already a formal
charges filed against the accused. THE TRIAL
PROCEDURE COMMENCE AT THIS STAGE.
38. 4. SENTENCING
O A convection becomes the input of the fourth
stage. In sentencing, the judge will consider all
circumstances surrounding the case and it is his
duty to apply the provisions of the law in rendering
punishment or sentence against the accused.
39. 5. CORRECTION STAGE
O In this stage, it involves the convicted person’s
serving of the sentence imposed. It is the stage
where the offender will be reformed and
rehabilitated prior to his reintegration in the
community.
40. THE PILLARS:
O Law Enforcement
O Prosecution
O Courts
O Corrections and
O Community
