Important

• Law


  A rule of conduct, just and made obligatory by legitimate authority for the general welfare and benefit of all people
• The safety of the people is the supreme law (Salus populi est suprema lex)
• Three branches of government

  • Executive
  • Legislative
  • Judiciary
• Crime


  An act or omission punishable by law forbidding or commanding it
• There is no crime if there is no law punishing such act (Nullum crimen nulla poena sine lege)
• Ex-post facto law


  A criminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed
• Bill of attainder


  A legislative act which inflicts punishment without trial
• Mala in se


  An act that is wrong from its very nature and criminal intent is an element
• Mala prohibita


  An act that is wrong because it is prohibited by law, and criminal intent is not an element
• Criminal


  A person who committed a crime and convicted by final judgment
• Victimology


  The scientific study of the psychological effects of crime and the relationship between victims and offenders
• Victim


  A person who has suffered physical or emotional harm, property damage, or economic loss as a result of a crime
• Victim precipitation theory


  • Some people may actually initiate the confrontation that eventually leads to their injury or death
• Lifestyle theory


  • People may become crime victims because their lifestyle increases their exposure to criminal offenders
• Deviant place theory


  • Victims do not encourage crime, but are victim prone because they reside in socially disorganized high-crime areas where they have the greatest risk of coming into contact with criminal offenders, irrespective of their own behavior or lifestyle
• Routine activities theory


  • The volume and distribution of predatory crime depends on the availability of suitable targets, the absence of capable guardians, and the presence of motivated offenders
• Pillars of the Philippine Criminal Justice System

  • Law Enforcement
  • Prosecution
  • Court
  • Correction
  • Community
• Law enforcement


  A system by which members of the society act in an organized manner to enforce the law by discovering, deterring, rehabilitating, or punishing people, who violate the rules and norms governing that society
• Law enforcement officer


  Someone who enforces a law by discovering, deterring, rehabilitation or punishing people who violate the rules and norms governing that society
• Arrest


  The taking of a person into custody in order that he may be bound to answer for the commission of an offense
• Conducting arrest


  • There must be a valid warrant of arrest, no violence or unnecessary force shall be used, and the person to be arrested shall not be subjected to any greater restraint than what is necessary under the circumstances
• Warrant of arrest


  A written authority or order in writing issued in the name of the People of the Philippines, signed by the judge and directed to a peace officer commanding him to arrest a person or persons stated therein and deliver them before the court
• Warrantless arrest


  • When, in the officer's presence, the person has committed, is actually committing, or is attempting to commit an offense; when an offense has just been committed and the officer has probable cause to believe the person committed it; or when the person is a prisoner who has escaped
• Alias warrant


  A second writ of execution replacing the first one due to expiration
• John Doe warrant


  A warrant for the apprehension of a person whose true name is unknown, generally considered void but valid if the best description possible is given
• Search


  An examination of a person's home, vehicle, or business to find evidence that a crime has been committed
• Seizure


  When officers take possession of items during a search
• Search warrant


  A written authority or order in writing issued in the name of the People of the Philippines, signed by the judge and directed to a peace officer commanding him to search for a personal property described therein and bring it before the court
• A search and seizure is unreasonable if it is made without a search warrant, or the warrant was invalidly issued
• Probable cause


  A well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial
• Prosecution


  The process wherein the accusation is brought before the court of justice to determine the guilt or innocence of the accused
• Prosecutor


  A quasi-judicial officer who assures full discretion and control over a criminal case in the administration of justice and represents the government or people of the Philippines in a criminal proceeding in the court of law
• Roles of prosecutors


  • Decide whether the person arrested or suspected be in the criminal justice process, determine if the evidence meets the standard of proof for successful prosecution and conviction, and have significant discretion to decide whether to press charges and what those charges will be
• Prosecution process


  Determine the court with jurisdiction, file complaint directly with court for minor crimes, file complaint with prosecutor's office for serious crimes to conduct preliminary investigation, prosecutor files information in court
• Preliminary investigation


  An inquiry or proceeding to determine if there is sufficient ground to believe a crime cognizable by the Regional Trial Court has been committed and the respondent is probably guilty
• Inquest proceedings


  An informal and summary investigation conducted by a public prosecutor to determine if persons arrested and detained without a warrant should remain under custody and be charged in court
• Complaint


  A sworn written statement subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated
• Information


  An accusation in writing subscribed by the prosecutor and filed in court
• Court


  The body to which the public administration of justice is delegated, being a tribunal officially assembled under the authority of law at the appropriate time and place for the administration of justice
• Judge


  The person or a public officer who presides over a court of justice