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Criminal justice preview

  1. 1. Copyrighted Material.
  2. 2. Copyrighted Material.
  3. 3. Copyrighted Material. Philippine Criminal Justice System First Edition Philippine Copyright, 2013 By: ChapterHouse Publishing Incorporated All Rights Reserved. The text of this book or any part hereof, may not be reproduced or transmitted in any form or by any means, electronic or mechanical, including copying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the publisher. Any unauthorized copying, reproduction, or dissemination of any portion of this book shall be prosecuted in accordance with law. Published and Distributed by: ChapterHouse Publishing Incorporated Novaliches, Quezon City Edited by: The English Factor “Providing international-quality editorial services at reasonable costs.” ISBN: 978-971-95775-1-5
  4. 4. Copyrighted Material. TABLE OF CONTENTS DEDICATION V PREFACE VII CHAPTER I INTRODUCTION TO CRIMINAL JUSTICE: Basic Terminologies, Principles 1 and Philosophical Approaches A. Criminology and Criminal Justice Differentiated 1 B. Crime and the Criminal Justice System 3 C. Criminal Law and the Criminal Justice System 9 D. Criminal in relation to the Criminal Justice System 12 15 E. The Concepts of Justice F. The Criminal Justice System 18 G. Philosophical Approaches behind the Criminal Justice System 22 25 H. Criminal Justice System Models Juvenile Justice System (R.A. 9344) 29 CHAPTER II LAW ENFORCEMENT: The First Pillar in the Administration of the Criminal Justice System (CJS) 35 A. The Philippine National Police (PNP) 38 B. Powers and Functions of the PNP 39 C. Crime Detection 44 46 D. Arrest and Search Warrant E. Patrol 50 F. Criminal Investigation 51 G. Crime Prevention 53 H. Police image in the Administration of the Criminal Justice System 53 I. Police Discretion in relation to the 54 Administration of the Criminal Justice System CHAPTER III PROSECUTION: The Second Pillar of the Criminal Justice System 59 A. Prosecutor’s Role 61 B. Preliminary Investigation 62 C. Persons authorized to conduct Preliminary Investigations 65 D. Prosecutor’s Discretion 67 E. Bail 70 IV
  5. 5. Copyrighted Material. TABLE OF CONTENTS CHAPTER IV COURT: The Third Pillar of the Criminal Justice System 75 A. Jurisdiction 77 B. Judges; their qualifications 82 83 C. Courts’s Exercise of Discretion D. Motion to quash 84 E. Arraignment 85 F. Pre-trial 86 G. Trial 87 H. Judgment 89 I. Appeal 91 CHAPTER V CORRECTIONS: 95 The Fourth Pillar of the Criminal Justice System A. Purposes of Corrections 96 B. Alternatives to confinement or community-based corrections 104 C. Jails 105 107 D. Jails in relation to the Criminal Justice System E. Types of jails 107 108 F. Classifications of prisoners G. Community-Based Corrections 108 CHAPTER VI COMMUNITY: The Fifth Pillar of the Criminal Justice System 113 APPENDICES Appendix A -REPUBLIC ACT NO. 10592 Appendix B -THE RULE ON THE WRIT OF AMPARO Appendix C -REPUBLIC ACT NO. 9344 Appendix D -THE RULE ON THE WRIT OF HABEAS DATA 123 127 131 171 V
  6. 6. Copyrighted Material. INTRODUCTION TO CRIMINAL JUSTICE CHAPTER I INTRODUCTION TO CRIMINAL JUSTICE: Basic Terminologies, Principles and Philosophical Approaches A. Criminology and Criminal Justice Differentiated What Is Criminal Justice? Siegel and Senna states that “criminal justice may be viewed or defined as the system of law enforcement, adjudication, and correction that is directly involved in the apprehension, prosecution, and control of those charged with criminal offenses”.1 Notice that in this definition, the American Criminal Justice System’s main focus is on enforcement, adjudication and correction. In the American Criminal Justice System, there are only three (3) pillars: (1) Law Enforcement, (2) the Courts, and (3) the Corrections. In contrast, the Philippine Criminal Justice System has five (5) pillars; namely, (1) Law Enforcement, (2) Prosecution, (3) Courts, (4) Corrections, (5) Community. 1 Siegel, Larry and Senna, Joseph. Essentials of Criminal Justice. United States of America: Thomson Wadsworth, 2007. page 4. 1
  7. 7. Copyrighted Material. 2 PHILIPPINE CRIMINAL JUSTICE SYSTEM In general, a Criminal Justice System (CJS) involves a number of government agencies that ensures the protection of the public, the maintenance of order, the enforcement of the law, the identification of transgressors, the prosecution of the accused and the conviction of the guilty, and the correction and treatment of criminal behavior. What Is Criminology? Sutherand, Cressey and Luckenbill define criminology as “the body of knowledge regarding crime as a social phenomenon. It includes within its scope the process of making laws, of breaking laws, and of reacting toward the breaking of laws”.2 They further note that Criminology has three interrelated divisions; these are: i. The Sociology of Criminal Law which systematically analyzes the conditions under which penal laws develop and explains as well the procedures used in police agencies and courts. This first division focuses on ‘lawmaking’. ii. The Sociology of Crime and the Social Psychology of Criminal Behavior which examines economic, social and political conditions that generates or prevents the commission of crimes. This second division focuses on ‘law-breaking’. iii. The Sociology of Punishment and Correction that systematically analyzes the procedures and policies that aims to control crimes. This third division focuses on ‘society’s reaction to law-breaking’. What is the Difference between Criminal Justice and Criminology? (a) While Criminology explains the etiology, extent, and nature of the crime in society; Criminal Justice studies the agencies of social control that handles criminal offenders. (b) While Criminologists are concerned with identifying the nature, extent and causes of crime; 2 Sutherland, Edwin, Cressey, Donald and Luckenbill, David. Principles of Criminology (11th Edition). United States of America: General Hall, 1992. page 3.
  8. 8. Copyrighted Material. INTRODUCTION TO CRIMINAL JUSTICE Criminal Justice scholars engage in describing, analyzing, and explaining the operations of the agencies of justice, specifically the police agencies, the prosecution, the courts and the rest of the pillars of the system in seeking more effective methods of crime control and offender rehabilitation.3 Is there an overlapping area of concern between criminal justice experts and criminologists? Yes, Criminal Justice experts cannot begin to design effective programs of crime prevention of rehabilitation without understanding the nature and causes of crime. They require accurate criminal statistics and data to test the effectiveness of crime control and prevention programs.4 It is in this aspect that Criminal Justice and Criminology have overlapping concerns. B. Crime and the Criminal Justice System What is the event that calls for the operation of the Criminal Justice System? Why? Crime is the event that calls for the operation of the criminal justice system. When a crime is committed, it disturbs the tranquility and harmony of the society. Such event calls upon the police to initiate police intervention by way of investigation or apprehension of those who violated the law; the prosecutor to prosecute the case; the court to determine the guilt of the accused; and the rest of the system follows as incumbent upon their role in the criminal justice process. Enumerate some of the legal principles or maxims regarding a crime or a criminal act. (a) Nullum crimen nulla poena sine lege” That is - There is no crime where no law is punishing it. (b) The maxim is, “actus non facit reum, nisi mens rea”- A crime is not committed if the mind of the person performing the act complained be innocent. (c) The maxim is “Actus me invito factus, non est meus actus”An act done by me against my will is not my act. 3 Siegel and Senna, page 12. 4 Ibid. page 14. 3
  9. 9. Copyrighted Material. 4 PHILIPPINE CRIMINAL JUSTICE SYSTEM (d) Crimes are either mala en se and mala prohibita. The first set of crimes refer to those that are naturally criminal on moral grounds while the second set of crimes pertain to those acts that have been criminalized for regulatory purposes. Murder is an example of a mala en se while the Illegal Possession of Firearms and Ammunition is an example of mala prohibita. In the Philippines, what department of the government defines and punishes an act? A. Under the 1987 Philippine Constitution, the Legislative branch of the government or Congress, which is composed of the Upper House or the Senate and the Lower House or the House of Representatives, is entrusted with the power to enact, modify or repeal laws.5 It is empowered to determine what acts are deemed harmful to our society and punishes such acts in order to suppress them. B. Our local legislative bodies (Sanggunian Panlalawigan, Sanggunian Panlungsod, Sanggunian Pambayan, Sanggunian Pambarangay) are also authorized to enact laws that are criminal or penal in nature and are applicable or enforceable only within their respective territorial jurisdiction; thus, can only be prosecuted locally. What is crime in the criminological sense? A crime is a violation of societal rules of behavior as interpreted and expressed by a criminal legal code created by people holding social and political power. Individuals who violate these rules are subject to sanctions by state authority, social stigma, and lose of status. This definition combines the consensus position that the criminal law defines crimes with the conflict perspective’s emphasis on political power and control and the interactionist concept of stigma. Thus, crime as defined here is a political, social, and economic function of modern life.6 5 Art. VI, Sec. 1, Philippine Constitution. 6 Ibid, p. 18: Under the Consensus view, the law defines the crime and laws apply to all equally; Under the Conflict view, the law is the tool of the ruling class, crime is a politically defined concept and used to control the underclass; while in the Interactionist view, moral entrepreneurs define crime. Crimes are illegal because society defines them that way, and criminal labels are life transforming events.