Education Purposes

1. CRIMINAL JUSTICE
SYSTEM
PREPARED BY : RUSRIC JOHN S QUIPANES, RCrim.

2. The criminal justice system is the
system of law enforcement, which
is directly involved in prosecuting,
defending, and punishing those
who are convicted of crimes.
Basically, the criminal justice
system is a series of government
institutions, and they are
prearranged to control the crime
of a country.

3. This modern criminal justice system
evolved in ancient times for controlling
crimes and inventing a new form of
punishment. At that time, after
developing the modern criminal justice
system, there had a huge change in the
economic system, rights of offenders
and victims, and some other related
policies. Anyway, I’m sure that you
have come here to know about the
history of the criminal justice system
and you are in the best place for sure.

4. The History of the Criminal
Justice System
The first criminal justice system was
created by the British at the time of
the revolution of America. They
primarily selected their hanging
system to punish the convicts and the
criminals of their country. At that time,
there has some divided area called the
district, and the head of the district
was a magistrate. In the modern age,

5. Those individuals were in charge
of collecting pieces of evidence
(on behalf of the British
government) against a criminal
and hung him or her for his or
her crimes. The British
government would not always
hang for the crime. They would
also be carried out to be locked
up or by cleaning ships, prison

6. During American evolution, they used
hanging as their punishment method,
or they gave imprisonment by sending
to a prison ship, for instance, the most
notorious. Mainly these were the
method of punishment for the
criminals at that time in America. But
the modern criminal justice system had
started at an old age. At that time,
some new forms of punishment for the
criminals were established.

7. At the same time, some
policies, political ideas, and
economic development were
changed for the new and
modern criminal justice
system. At that time, a lot of
new form of punishment was
invented—for instance, exile,
branding wergild, mutilation,

8. Exile - was a common form of
punishment in America, which
means staying away from one’s
home. If someone wanted to
come back home, he was
refused to return or being
threatened with the
imprisonment of death upon
return.

9. Wergild - was another
common form of
punishment, which was
known as also the man’s
price. This method was
established on a person’s life
paid as a fine.

10. Mutilation - was a
punishment method
where a body-part was
cut, so the part is
permanently damaged or
detached from the body.

11. Flogging - a punishment in which
the victim is hit repeatedly with a
whip or stick.
These punishment methods were
so much dangerous. Anyways, then
it comes to the age of the police
department.

12. The police department was
established in 1829 by Sir Robert
Peel in London. Then the criminal
justice system was developing day
by day. After passing a long time,
the criminal justice system is
replaced by today’s criminal justice
system, which has three
components, respectively, police,
court, and correction.

13. What is the Purpose of the Criminal
Justice System?
Among some of the main purposes of the
criminal justice system are:
#Fighting crime
#Protecting the public
#Offering help to crime victims, their families,
and witnesses
#Taking action to hold those responsible for
crimes they have committed
#Helping offenders return to society and join the
ranks of law-abiding citizens.

14. THE 5 PILLARS IN THE PHILIPPINES
#POLICE OR LAW
ENFORCEMENT
#PROSECUTION
#COURT
#CORRECTION
#COMMUNITY

15. THE ROLE AND FUNCTION OF THE
PROSECUTION IN THE
PHILIPPINE CRIMINAL JUSTICE SYSTEM
LAW ENFORCEMENT PROCESS -
The law enforcement consists of the
officers and men of the Philippine National
Police (PNP), the National Bureau of
Investigation (NBI), and other agencies.
When they learn of the commission of
crimes or discover them, their duty is to:

16. a. Investigate the crime which may take
the form of surveillance and observation
of suspects, other persons and premises;
interviewing persons with knowledge of
facts directly or indirectly connected with the offense;
taking photographs (surreptitiously or otherwise);
arranging for entrapment; searching premises and
persons subject to constitutional and
statutory safeguards; and examining public
and other available records pertaining to
the persons involved and getting copies of
pertinent entries.

17. The police officers, in other
words, collect evidence for use in
the prosecution of the suspects in
the court. This may consist of the
testimony of witnesses, including
invited suspects, which are
invariably taken down in question-
and-answer form;

18. writings and objects,
e.g., gun, knife, other
weapons used in the
commission of the
crime, clothing of the
victim, etc

19. b. Arrest suspects by virtue
of a warrant of arrest issued
by a judge on the basis of
evidence submitted by them
or under circumstances
justifying a warrantees
arrest.

20. The instances when an arrest without
warrant may be lawfully effected by a peace
officer or a private person are as follows:
(1) When in his presence, the person to
be arrested has committed, is
actually committing or is attempting
to commit an offense;
(2) When an offense has in fact just been
committed, and he has personal
knowledge of facts indicating that the
person to be arrested has committed
it; and

21. (3) When the person to be arrested
is a prisoner who has escaped from a
penal establishment or place where
he is serving final judgment or
temporarily confined while his case
in pending or has escaped while
being transferred from one
confinement to
another.

22. Any person who—while in custody or
otherwise deprived of liberty—is under
investigation for the commission of an
offense, has the following constitutional
rights, among others:
1) He must be informed of his right to remain
silent and to have competent and independent
counsel preferably of his own choice. If the
person cannot afford the services of counsel, he
must be provided with one. These rights cannot
be waived except in writing and in the presence
of
counsel;

23. 2) No torture, force, violence, threat,
indimidation or any other means
which vitiate the free will shall be
used against him; secret detention
places, solitary, in communicado or
other similar forms of detention are
prohibited; and

24. 3) Any confession or
admission obtained in
violation of the
foregoing shall be
inadmissible in
evidence against him.

25. II. PROSECUTION PROCESS
The investigation and prosecution of all
cases involving violations of penal laws are
lodged with the Department of Justice
(DOJ) through its National Prosecution
Service (NAPROSS). The DOJ is headed by
the Secretary ofJustice with three
Undersecretaries assisting him. Aside from
being the prosecution arm of the
government, the DOJ shall have the
following powers and functions:

26. a. Act as principal law agency of the
government and as legal counsel and
representative thereof, whenever so
required;
b. Administer the probation and
correction system;
c. Extend free legal assistance/
representation to indigents and poor
litigants in criminal cases and noncommercial
civil disputes;

27. d. Preserve the integrity of land
titles through proper registration;
e. Investigate and arbitrate untitled
land disputes involving small
landowners and members of
indigenous cultural
communities;

28. The Prosecution Staff or State
Prosecutors perform the following
functions ;
a. Investigate administrative charges
against prosecutors and other prosecution
officers;
b. Conduct the investigation and
prosecution of all crimes;

29. c. Prepare legal opinions on queries
involving violations of the Revised
Penal Code and special penal laws;
and
d. Review appeals from the
resolutions of prosecutors and other
prosecuting
officers in connection with criminal
cases handled by them.

30. Regional State Prosecutors have the
following functions:
(1) Implement policies, plans,
programs,
memoranda, orders, circulars and
rules and regulations of the DOJ
relative to the investigation and
prosecution.

31. (2) Exercise immediate administrative
supervision over all Provincial and
City Prosecutors and other
prosecuting officers of provinces and
cities comprised within his region;
(3) Prosecute any case arising within the
region.

32. Provincial and City Prosecutors have the
following functions:
a. Be the law officer of the province or
city, as the case may be. He shall have
charge of the prosecution of all crimes,
misdemeanors and violations of city or
municipal ordinances in the courts of such
province or city and shall therein discharge
all the duties incident to the institution of
criminal prosecutions;

33. b. Investigate and/or cause to be
investigated all charges of crimes,
misdemeanors and violations of all penal
laws and ordinances within their respective
jurisdictions and have the necessary
information or complaint prepared or made
against the persons accused. In the
conduct of such investigations, he or his
assistants shall receive the sworn
statements or take oral evidence of
witnesses summoned by subpoena for the
purpose;

34. c. Investigate commissions of criminal
acts and take an active part in the
gathering of relevant evidence. For this
purpose, the National Bureau of
Investigation, Philippine National Police
and other offices and agencies of the
government shall extend to him the
necessary assistance;

35. d. Act as legal adviser of the
municipality, and municipal district of
the provinces or the provincial or city
government and its officers or of the
city.
As such, he shall, when so requested,
submit his opinion in writing upon any
legal question submitted to him by any
such officer or body pertinent to the
duties

36. Preliminary investigation - is the stage at
which the public prosecutor evaluates the
finding of the police or the evidence
submitted directly by a complainant or
public officer in charge of the enforcement
of the law alleged to have been violated, to
determine if prosecution of the suspect in
court is warranted. The Rules of Court
define preliminary investigation as an
inquiry on proceeding for the purpose of
determining whether there is sufficient
ground to engender a well founded belief
that a crime cognizable by the Regional

37. The procedures in the conduct of a
preliminary investigation are as
follows:
(1) Filing of complaint and affidavits
of witnesses by the police,
complainant
or public officer in charge of the
enforcement of the law alleged to
have been violated;

38. (2) Personal examination of
affiants by the investigating
prosecutor;
(3) Preliminary action by
investigating prosecutor:

39. • Dismiss the complaint if he finds
no cause to continue with the inquiry.
• Issue subpoena to respondent requiring him to
submit a counteraffidavit. However, if no such
counter-affidavit is submitted, the
investigating prosecutor shall resolve the case on
the basis of the evidence submitted by the police,
public officer or complainant. If a counter-affidavit
is submitted but here are matters which need
clarification, the investigatin rosecutor may set a
hearing to propound clarificatory questions.