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.
 to protect individuals and society
 to reduce crime by bringing
offenders to justice
 to increase the security of the
people
 legislative- create laws
 courts – adjudication
 corrections - jail, prison,
probation, parole
 Police - first contact of offender since they
investigate wrongdoing and makes arrest.
 Prosecution - proves the guilt or innocence of
wrongdoers.
 Court - venue where disputes are settled and
justice is administered.
 Correction - after accused is found guilty, he
is put to jail or prison to be reformed.
 Community - where the convict after service
of sentence comes back to be integrated to be
a productive member of society.
 Policemen
 National Bureau of Investigation agents
 Philippine Drugs Enforcement Agency agents
 Bureau of Customs police
 Bureau of Immigration officers
 Bureau of Internal Revenue examiners
 Commission on Audit auditors
 Ombudsman fact-finding investigators
 Commission on Human Rights investigators
 Land Transportation Office and Traffic enforcers,
etc.
 They enforce the law by ensuring compliance therewith.

 Conduct investigations to uncover commissions of

crimes and violations of laws.

 File criminal cases before the prosecutor’s (fiscal’s)

office (if the offender is not a government
employee/official) or the Office of the Ombudsman (if
the offender is a government employee/official).

 Testify in court if a criminal charge is lodged in Court by

the prosecutor’s office or the Office of the Ombudsman.
 City Prosecutor
 Provincial Prosecutor
 Regional State Prosecutors of the
Department of Justice
 Investigators and prosecutors of the
Office of the Ombudsman.
They conduct
 Preliminary investigation (if the respondent was not
caught in the act of committing the crime)
 Inquest proceedings (if the respondent was caught in the
act of committing the crime)

To determine whether or not there is probable cause

(reasonable ground) to prosecute the respondent in
court.
If they found probable cause, they lodge a criminal
charge against the respondent before the court.
Otherwise, they dismiss the case.
Once the criminal case is filed in court
 The court issues a warrant of arrest against the
accused (if he was not caught in the act of committing the crime)
or
 Commitment order
(if the accused was caught in the act of committing the crime and he
has not yet posted bail or the offense is non-bailable because the crime
is punishable by life imprisonment, reclusion perpetua or death).
The prosecutor
 Fiscal from the DOJ for crimes committed by non-government
people or
 From the Ombudsman for crimes committed by government
people.

The victim, the law enforcer (who investigated the crime) and other
witnesses will now testify in court. The defense counsel will
defend the accused. After the trial, the court will now decide
whether or not the accused is guilty. If he is, then he shall be
penalized (fine, or imprisonment, or both). If he is not, he shall
be acquitted (set free).
 Municipal Trial Courts (for crimes punishable by imprisonment
not exceeding six (6) years)
 Shari’a Circuit Courts in the ARMM (for criminal violations of
the Muslim Code)
 Regional Trial Courts (for crimes punishable by imprisonment of
more than six years, and appeals from the decisions of the Municipal
Trial Courts)
 Sandiganbayan (for crimes committed by government officials
with salary grade 27 and above regardless of the penalty prescribed
for the offense charged, and appeals from the decisions of the
Regional Trial Court in criminal cases against government employees
below salary grade 27)
 Court of Appeals (for appeals from the decisions of the Regional
Trial Courts in criminal cases against non-government people)
 Supreme Court (for appeals from the decisions of the Court of
Appeals, Sandiganbayan and automatic review of decisions of the
Regional Trial Courts and the Sandiganbayan where the penalty
imposed is reclusion perpetua or death).
Consist of
 Jails (Municipal, City and Provincial Jails)

 Bureau of Corrections (in Muntinlupa) and other correctional

facilities.

While the criminal case is pending in court, the accused shall be

detained at the Municipal, City or Provincial Jail unless he posts a bail
bond for his provisional liberty and if the offense is bailable.

After conviction, the convict will be sent to the Bureau of Corrections to

serve his sentence.

Our criminal justice being also a corrective one, the correction officials
are mandated to see to it that the convict is reformed and is able to re-
integrate himself into the community after serving his sentence.
The Filipino community produces our
 Law enforcers (policemen, traffic enforcers, NBI agents, PDEA
agents, COA auditors, Ombudsman fact-finding investigators, etc.)
 Prosecutors (DOJ and Ombudsman prosecutors/investigators)
 Judges (Municipal Trial Courts, Regional Trial Courts and Sharia Courts);
justices (Sandiganbayan, Court of Tax Appeals and the Supreme
Court); and
 Correction officials and personnel (municipal jails, provincial
jails, city jails, the Bureau of Corrections [Muntinlupa] and other
correctional facilities).

A rotten community will always produce rotten law

enforcers, prosecutors, judges, justices and correction
officials. The spring cannot rise above its source.
 Members of the community are also the victims of crimes,
direct or indirect. They are also the beneficiaries of an
efficient and effective criminal justice system in the form
of a peaceful and fear-free environment.

 The community is also the greatest source of information

about the commission of a crime. It is from the community
that most witnesses come, including victims and
whistleblowers.

 Most crimes against property (theft, robbery, etc.) are

dismissed because the victim does not testify in court,
especially when the stolen property is recovered. Hence,
thieves and robbers are set free, free again to steal and
rob!
Community Policing - the
system of allocating officers
to particular areas so that
they become familiar with the
local inhabitants.
 In 1829, England, The Metropolitan Police Act was
passed to the leadership of Home Secretary Robert Peel
 Bobbies - first salaried police to patrol London.
 Boston - began its police department in 1838.
 New York City - 1845 created a police force.
 U.S. Marshall Service 1789.
 U.S. Coast Guard 1790.
 Department of Homeland Security - was created to
coordinate the work of intelligence and security
agencies.
 Texas Rangers - 1835, became the first state police
organization.
 William Penn - in the new world in 1682, established
houses of correction.
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
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.
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.

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.

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.

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.

What is twelve table? early Roman laws

written around 450 BC which regulated family.
religious, and economic life.
o Crime Prevention - Measures taken to reduce the opportunity
for crime commission by individuals predisposed to such.

o Moral Panic - The reaction by a group of people based on

exaggerated or false perceptions about crime and criminal
behavior.

o Victim Advocate - A professional who assists the victim during

the post victimization period.

o Parole - An early release from prison based on complying

with certain standards while free.

o Probation - An alternative to prison or jail in which the

offender remains in the community under court
supervision.
 Mala Prohibita - A behavior that is morally wrong. Wrong in
any
context, even if there is no law against it.

 Mala In Se - Also known as statutory crimes. Are Acts that are

criminal because they are prohibited by law.

 Retribution - (Vengeance)(Revenge) punishment inflicted on

someone as vengeance for a wrong or criminal act.

 Deterrence - A thing that discourage or intended to

discourage
someone from doing something.

 Punishment - the infliction or imposition of a penalty as

retribution for an offense.
 Rehabilitation - restore someone to health or normal life by
training and therapy after imprisonment, addiction, or
illness.

 Recognizance - a bond by which a person undertakes before

a court to observe some condition especially to appear when
summoned.

 Curfew - a regulation requiring people to remain indoors

between specified hours, typically at night.

 Truancy - the action of staying away from school without good

reason; absenteeism.

 Secondary Victims - family and friends of an individual who has

been victimized.


Models of Criminal Justice System

o 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.

o Crime Control Model - A model of the criminal justice system

that emphasizes the efficient arrest and processing of
alleged criminal offenders.

o Due Process Model - A model of the criminal justice system

that emphasizes individual rights at all stages of the
justice process.
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.
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.
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.
END OF PRESENTATION