Introduction to criminal Justice system

1. INTRODUCTION TO
CRIMINAL JUSTICE
SYSTEM
By: Atty. Charlene Bañaga Lagua, LPT

2. Criminal Justice System
defined -
 Criminal Justice System (CJS) is the machinery used by the
society to prevent and control crime. It is the tool of a democratic
government to protect the people against criminality and other peace and
order problems.
 In theory, CJS is an integrated process primarily concerned
with apprehension, prosecution, trial, adjudication, and correction of
criminal offenders.
 CJS is a legal process of linking the law enforcement, prosecution,
courts, corrections, and community to have an integrated scheme of
investigating and preventing crimes with the ultimate purpose of
promoting justice.

3. Justice defined –
Justice is “rendering what is due or merited and that which is due
or merited.”
According to Mortimer J. Adler, there are two principles of justice:
a. Render to each his due.
b. Treat equals equally and unequal; unequally but in proportion to
their inequality.
Justice, according to the Supreme Court of the Philippines, is
symbolically represented by a blindfolded woman, holding with one
hand a sword and with the other a balance.

4. A. NATURE AND SCOPE OF CJS
In the Philippine setting, there are five major components of the CJS. These are also known
as the five pillars of CJS. Law Enforcement - Prosecution – Courts–Corrections –
Community
Generally speaking, the following are the functions of the five components of the CJS:
1. To prevent and control the commission of crime
2. To enforce the law
3. To safeguard lives, individual rights, and properties of the people
4. To detect, investigate, apprehend, prosecute, and punish those who violate the law
5. To rehabilitate the convicted criminal offenders and reintegrate them into the community as
law-abiding citizens

5. CJS operates by linking the police, prosecuting agencies, courts, correctional
institutions, and the mobilized community to form an operational cycle designed to
promote justice for criminal victims as well as those who are accused and convicted of
crimes.
The first four pillars - law enforcement, prosecution, courts, and corrections – pertain to
the government agencies vested with official responsibility in dealing with crime
prevention and control.
The community pillar has the broadest jurisdiction.
Under the concept of the participative criminal justice system in the Philippines,
government agencies, agencies in the private sector, non-government organizations, and
ordinary citizens, become a part of the CJS upon involvement in issues and activities
related to crime prevention and control.

6. B. OVERVIEW ON THE CJS IN THE
PHILIPPINE SETTING
1. LAW ENFORCEMENT: This first pillar consists mainly of the police. The
work of the police primarily involves prevention and control of crimes
by enforcing the laws, investigating crimes, arresting offenders, and
conducting lawful search and seizure to gather necessary evidences
needed to file a criminal complaint.
2. PROSECUTION: The second pillar takes care of the investigation of
criminal complaints to ensure that there are reasonable grounds in filing
such complaints. In rural areas, the police may file the complaint with
the inferior courts (Municipal Trial Courts or the Municipal Circuit
Trial Courts).

7. The judges of these inferior courts act as quasi-
prosecutors only for the purpose of the preliminary
investigation.
Once a prima facie case has been determined, the
complaint is forwarded to the City or Provincial
Prosecutor’s Office, which will review the case.
When the complaint has been approved for filing with the
Regional Trial Court, the court issues an arrest warrant for the
accused once the information has been filled.

8.  3. COURTS: The courts provide opportunity for the prosecution to present evidence and
establish proof of criminal guilt of the accused. During trial, that the accused is given
time in the court to disprove the accusation against him.
Our criminal justice system abides by the Constitutional presumption that any
person accused of a crime is presumed innocent unless proven otherwise. This means
that the courts must determine the guilt of the accused beyond reasonable doubt based on
the strength of the evidence presented by the prosecution. If there is any reasonable
doubt that the accused commit a crime, he has to be acquitted.
The Rules of Court, however, provides that the accused can be convicted of a
lesser crime than the crime he has been charged with in the information.
But the elements of the lesser offense should be necessarily included in the
offense charged, and such lesser crime was proven by competent evidence.

9.  4. CORRECTIONS: The fourth pillar takes over once the accused, after
having been found guilty, is meted out the penalty for the crime he
committed.
He can apply for probation or he could be turned over to a non-
institutional or institutional agency or facility for custodial treatment and
rehabilitation.
The offender could avail of the benefits of parole or
executive clemency once he has served the minimum period of his
sentence. When the penalty is imprisonment, the sentence is carried out
either in the municipal, provincial or national penitentiary depending on the
length of the sentence meted out.

10.  5. COMMUNITY: This pillar has 2-fold role.
a. First, it has the responsibility to participate in law enforcement activities by being partners of
the peace officers in reporting the crime incident, and helping in the arrest of the offender; and
b. Second, it has the responsibility to participate in the promotion of peace and order through
crime prevention or deterrence and in the rehabilitation of convicts and their reintegration to
society.
Under the concept of a participative criminal justice system in the Philippines, public and private
agencies as well as citizens, become a part of the CJS when they participate and become involved
with issues and activities related to crime prevention.
Thus, citizen-based crime prevention groups become part of the CJS within the
framework of their involvement in crime prevention activities and in the reintegration of the convict
who shall be released from the corrections pillar into the mainstream of society.

11. C. IMPORTANCE OF STUDYING
THE CJS
◦ You should be concerned about the CJS because it affects your life, your work, your
activities and, in general, your pattern of behavior and relationship in the community.
◦ This is why the community pillar is also the base of the entire CJS as there will never be
criminal cases, in the first place, if the community is healthy and law-abiding.
◦ But for the few who may have gone astray, they should be reintegrated
into the community once they are released from the jail or prisons and should be
helped to become law-abiding members of the community.

12. THE LAW ENFORCEMENT PILLAR
In the Philippine setting, the first pillar of consists of
the police. The primary police agency that symbolizes
the law enforcement pillar is the Philippine National
Police (PNP).
To understand how the PNP evolved as the leading law
enforcement agency, the evolution of police service in
our country might be able to help you.

13. EVOLUTION OF THE PHILIPPINE POLICE SERVICE
 1. Spanish Regime
Policing during the Spanish Regime was inherently a part of the military
system. The locally organized police forces, although performing civil
duties and seemingly created for the sole purpose of maintaining peace,
were in fact directly commanded by the colonial military government.
(Tradio)
Police functions at this time involve the following:
• a. suppression of brigandage by patrolling unsettled areas
• b. detection of local or petty uprising
• c. enforcement of the tax collection, including church revenues

14. Police forces organized during the Spanish regime were:
a. Carabineros de Seguridad Publico (Mounted Police): This was organized in 1712 for the
purpose of carrying out the policies of the Spanish government. Carabineros were
armed and considered as the mounted police. Later, they discharged the duties
of a port, harbor, and river police.
b. Guardrilleros: This was a body of rural police organized in each town that was created by
the Royal Decree of January 8, 1836. This police force was composed of 5% of the able-
bodied male inhabitants of each town or province, and each member should serve for at
least 3 years.
c. Guardia Civil: This was the police organization created by the Royal Decree issued by the
Spanish Crown government on February 12, 1852. It relieved the Spanish Peninsular
Troops of their works in policing towns. It consisted of a body of Filipino policemen
organized originally in each of the provincial capitals of the central provinces of Luzon
under the command of Alcalde (Governor).

15. 2. Japanese Occupation
The Japanese Military Police known as “Kempetai”
was held responsible in maintaining peace and order
in Manila.
The Manila Police, which was created during the first
American occupation, was renamed into Metropolitan
Constabulary under the Bureau of Constabulary.
Kempetai ruled the urban areas until Gen. Douglas
McArthur returned on February 7, 1945.

16. 3. American Occupation
The first American occupation in the Philippines that came after the Filipino-
American War (1898 to 1901) was followed by a period of political ferment and social
imbalance.
a. Insular Police Force was established on Nov. 30, 1890 during the Filipino- American war (1898-
1901) upon the recommendation of the Philippine
Commission to the Secretary of War.
b. Another Insular Police Force was created on JULY 18, 1901 by virtue of ACT No. 175, titled as "AN ACT
PROVIDING FOR THE ORGANIZATION AND GOVERNMENT OF AN INSULAR CONSTABULARY".
c. Manila Police Department was organized on July 31, 1901 by virtue of Act No. 183 of the Philippine
Commission. The 1st Chief of Police was Capt. George Curry.
d. The Philippine Constabulary (PC) was formally established on Oct. 03, 1901 by virtue of Act No. 255. Capt.
Henry T. Allen was the 1st Chief of the Philippine Constabulary. The PC was manned mostly by Filipinos but
officers were mostly
Americans.

17. e. Revised Administrative Code of 1917 was approved a year before World War I
(August 1914 to November 1918) ended. In section 825 of this law, it stated that
the Philippine Constabulary is a national police institution for preserving
the peace, keeping order and enforcing the law.
f. In November 1938, Act # 181 required the creation of a Bureau of Investigation.
This agency should be the modification of the Division of Investigation (DI) from
the Department of Justice. Finally, on June 19, 1947, RA 157 was enacted which
created the National Bureau of Investigation.

18. Criminal Justice System - is the system of practices and institutions of
governments directed at upholding social control, deterring and mitigating
crime or sanctioning those who violate laws with criminal penalties and
rehabilitation efforts.
Goals of Criminal Justice
to protect individuals and society
1.to reduce crime by bringing offenders to justice
2.to increase the security of the people
3.
Criminal Justice System consists of three main parts
legislative - create laws
4.courts - adjudication
5.corrections - jail, prison, probation, parole

19. Participants of Criminal Justice System
1. police - first contact of offender since they investigate wrongdoing
and makes arrest.
2. prosecution - proves the guilt or innocence of wrongdoers.
3. court - venue where disputes are settled and justice is
administered.
4. correction - after accused is found guilty, he is put to jail or
prison to be reformed.
5. community - where the convict after service of sentence comes
back to be integrated to be a productive member of society.
Community Policing - the system of allocating officers to
particular areas so that they become familiar with the local
inhabitants.

20. Early History of Punishment
1. Early Greece and Rome
a. most common state administered punishment
was banishment and exile.
b. economic punishment such as fins for such crime
as assault on slave, arson, or house breaking.
2. Middle 5th to 15th century
a. blood feuds were the norm.
b. law and government not responsible for conflict.
3. Post 11th century feudal periods
a. fine system, punishment often consisted of
payment to feudal lord.
b. goals, public order and pacifying the injured.
c. corporal punishment for poor who can not pay.
4. 1500's
a. urbanization and industrialization, use of torture
and mutilation showed and punishment began to
be more monetary based.
b. use of gallery slaves - ship-rowers.
c. shipped inmates to american colonies
5. 1700's - early 1800's
a. increase in prison population
b. gap between rich and poor widens
c. physicality of punishment increases

21. Goals of Punishment
1. General Deterrence - the state tries to convince potential criminals that the punishment they
face is certain, swift, and severe so that they will be afraid to commit an offense.
2. Specific Deterrence - convincing offenders that the pains of punishment is greater than the
benefits of crime so they will not repeat their criminal offending
3. Incapacitation - if dangerous criminals are kept behind bars, they will not be able to repeat
their illegal activities.
4. Retribution/Just Desert - punishment should be no more or less than the offenders actions
deserve, it must be based on how blameworthy the person is.
5. Equity/Restitution - convicted criminals must pay back their victims for their loss, the justice
system for the costs of processing their case and society for any disruption they may have
caused.
6. Rehabilitation - if the proper treatment is applied, an offender will present no further threat to
society
7. Diversion - criminals are diverted into a community correctional program for treatment to
avoid stigma of incarceration. The convicted offender might be asked to make payments to the
crime victim or participate in a community based program that features counseling.
8. Restorative Justice - repairs injuries suffered by the victim and the community while insuring
reintegration of the offender. Turn the justice system into a healing process rather than a
distributor of retribution and revenge.

22. 3 Broad Categories of Crime
1. Sensational crime
2. Street Crime
3. Corporate Crime, White Collar Crime, and
Organized Crime.
Sensational Crime - certain offenses are selected for their sensational
nature and made into national issues. Much of what we know about crime
comes from the media.
Street Crime - includes a wide variety of acts both in public and private
spaces including interpersonal violence and property crime.

23. Justice - the quality of being just, fair and reasonable.
Rule of law - is a legal maxim whereby governmental decisions be
made by applying known legal principles.
Judge - a public officer who presides over court proceedings and hear
and decide cases in a court of law either alone or as part of a panel of
judges.
Prosecutor - the person responsible for presenting the case in a
criminal trial against an individual accused of breaking the law.
Law - is a system of rules of conduct established by the sovereign
government of a society to correct wrongs, maintain the stability of
political and social authority and deliver justice.

24. Plaintiff - the person who brings a case against another in court of law.
Respondent - the defendant in a lawsuit.
Appellee - the respondent in a case appealed to a higher court.
Appellant - the party who appeals the decision of the lower court. A person
who applies to a higher court for a reversal of the decision of a lower court.
Stare Decisis - the legal principle of determining points in litigation according
to precedent. Latin for "to stand by that which is decided", general practice of
adhering to previous decisions when it makes new one.
Miranda Doctrine - criminal suspect has the right to remain silent which
means they have the right to refuse to answer questions from the police.They
have the right to an attorney and if they can not afford an attorney, one will be
provided for them at no charge.

25. Pro Bono - legal work done for free.
Writ - a form of written command in the name of the court or
other legal authority to act or abstain from acting in some way.
Subpoena - is a writ issued by a court authority to compel the
attendance of a witness at a judicial proceeding.
Summon - a legal document issued by a court or administrative
agency of government authoritatively or urgently call on
someone to be present.
Discretion - the use of personal decision making and choice in
carrying out operations in the criminal justice system.

26. What is twelve table? early Roman laws
written around 450 BC which regulated
family.religious, and economic life.
What is the medical model of punishment?
- a view of corrections holding that convicted
offenders are victims of their environment or sick
people who were suffering from some social
malady that prevented them into valuable
members of society.

27. What is the difference between Indeterminate sentence and Determinate
sentence?
1. Indeterminate sentence
a. a term of incarceration with a stated minimum
and maximum length. ex. 3-10years
b. prisoner is eligible for parole after the minimum
sentenced has been served.
c. based on belief that sentences fit the criminal,
indeterminate sentences allow individualized
sentences and provide for sentencing flexibility.
d. judges can set a high minimum to override the
purpose of the indeterminate sentence.
2. Determinate sentence
a. a fixed term of incarceration ex. 3 years
b. these sentences are felt by many to be
restrictive for rehabilitative purposes.
c. offenders know exactly how much time they
have to serve.

28. Various Factors Shaping Length of Prison Terms
1. Legal Factors
a. the severity of the offense
b. the offenders prior criminal record
c. whether the offender used violence
d. whether the offender used weapons
e. whether the crime was committed for money
2. Extra Legal Factors
a. social class
b. gender
c. age
d. victim characteristics
What are the institutions of socialization?
1. Family
2. Religion
3. Schools
4. Media
Family - is the primary institution of socialization in society.

29. Notes:
1. Criminal Justice System - The Interdependent actors and
agencies, law enforcement agencies, the courts, the
correctional systems, and victim services at the local and
national levels of govt. that deal with the problem of crime.
2. Secondary Victims - family and friends of an individual who has
been victimized.
3. Wedding Cake Model - An explanation of the workings of the
criminal justice system that shows how cases get filtered
according to the seriousness of the offense.
4. Crime Prevention - Measures taken to reduce the opportunity
for crime commission by individuals predisposed to such.
5. Crime Control Model - A model of the criminal justice system
that emphasizes the efficient arrest and processing of alleged
criminal offenders.

30. 6. Due Process Model - A model of the criminal justice system
that emphasizes individual rights at all stages of the
justice process.
7. Moral Panic - The reaction by a group of people based on
exaggerated or false perceptions about crime and criminal
behavior.
8. Victim Advocate - A professional who assists the victim during
the post victimization period.
9. Parole - An early release from prison based on complying
with certain standards while free.
10. Probation - An alternative to prison or jail in which the
offender remains in the community under court supervision.