Module 1

• Criminal Justice System


  The machinery which the society uses in the prevention and control of crimes. It may also refer to the totality of the activities of the law enforcers, prosecutors, judges, corrections personnel, and community
• System


  refers to the orderly combination or arrangement, as

  parts or elements, into a whole
• Act


  Any bodily movement tending to produce some effect.
• Omission


  It refers to the failure to perform a specified act.
• Criminal Law


  it is a branch of law that defines crimes treats of their

  nature and provides for their punishment.
• Crime


  it is an act or omission punishable by law.
• Features of Criminal Law

  Politicality- Laws are constructed by political

  authorities.

  Specificity- Précised in stating what must be done.

  Uniformity- Equal to all person.

  Penal Sanction- Provides punishment.
• Characteristics of Criminal Law

  Generality- penal law is binding to all person

  sojourning in the Philippines.

  Territoriality- Penal law is applicable to all crimes

  committed within the Philippine territory.

  Prospectivity- Penal law cannot be applied

  retroactively. Penal law cannot make an act

  punishable in a manner in which it was not

  punishable when committed. (Laws looks always forward not backward)
• Types of Crime

  Felony

  Offense

  misdemeanor or Delinquency
• Felony

  Punishable by Revised Penal Code
• Offense


  Crime that Punishable by special law
• Misdemeanor or delinquency


  Violation of simple rules and regulations
• Suspect


  refers to a person who allegedly committed a crime. It is a term used to refer a person who is undergoing criminal investigation.
• Accused


  a person who was formally charged in court for the commission of an offense.
• Criminal


  a person convicted by a competent court in violation of the criminal law.
• Names of Criminals in different pillars of PCJS

  Law enforcement – suspect

  Prosecution – respondent

  Court – accused

  Correction – convict / PDL

  Community – Reformed Individual / ex-convict
• In theory, criminal Justice System ​is an integrated

  apparatus that is concerned with the following;

  apprehension,

  prosecution,

  trial,

  conviction, sentencing and Rehabilitating or correcting criminal offenders.
• American Criminal Justice System

  Law Enforcement

  Court

  Correction
• Criminological Sense


  Person who committed a crime regardless whether or not it has

  been reported to the police.
• Criminal Justice Sense

  Person who undergone the process of PCJS.
• Legal Sense


  A person who has been found guilty by final judgment by court

  of competent jurisdiction.
• Symbolism of blindfolded woman

  Blindfold

  Toga

  Double-edge sword

  Scales
• Blindfold


  Symbolize objectivity, impartiality, and fair treatment to all
• Toga


  It signifies the mantle of responsibility and high-level philosophy that accompanies those who practice law and enforce justice
• Double-edge sword


  Symbolize authority, respect, transparency, and a ruling that could go either way
• Scales


  Symbolize a thorough weighing of the evidence and claims presented before her
• THE FIVE PILLARS OF CRIMINAL JUSTICE SYSTEM

  Law-enforcement/Police

  Prosecution

  court

  correction

  community
• Law -enforcement/Police


  The prime mover / initiator or frontline of CJS.
• PROSECUTION


  Represents the people of the Philippines or presenting

  the government’s position in criminal cases and evaluating evidences

  presented by the law enforcement.
• COURT


  The center piece of the CJS. It ensures the administration of

  justice. Responsible in conducting trial or court adjudication and impose

  penalty if found guilty, otherwise render dismissal or acquittal of the case.
• CORRECTION


  Responsible for the rehabilitation or refrormation of

  convicted offender
• COMMUNITY


  Responsible for accepting for reintegration those

  sentence prisoners who have served their sentence.
• Goals of CJS

  Prevention of crime.

  Protect members of society against crime.

  Maintain peace and order.

  Suppression of criminality.

  Review the legality of existing rules and regulations.

  Rehabilitation and reformation of offenders.
• People involved in the system (Parties to the criminal case)

  Accused

  Victim/complainant ​

  People of the Philippines ​
• Accused


  the most pampered party in a criminal case.
• Victim/complainant


  the forgotten party in a criminal case.
• People of the Philippines


  the actual offended party.
• Revised Penal Code


  More in Mala in se
• Special law 


  More in Mala prohibita