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Assessment WPS Office

The document discusses three prosecuting bodies besides public prosecutors that are involved in special cases: 1. The Bureau of Corrections, which is responsible for incarcerating and rehabilitating national offenders sentenced to more than three years in jail. 2. The Bureau of Immigration, which assists in maintaining national security and safety regarding foreigners and acts as a central repository for immigration records. 3. The National Bureau of Investigation, which investigates cases where it may be a party of interest and serves as a nationwide clearinghouse for criminal information for law enforcement agencies.
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0% found this document useful (0 votes)
123 views17 pages

Assessment WPS Office

The document discusses three prosecuting bodies besides public prosecutors that are involved in special cases: 1. The Bureau of Corrections, which is responsible for incarcerating and rehabilitating national offenders sentenced to more than three years in jail. 2. The Bureau of Immigration, which assists in maintaining national security and safety regarding foreigners and acts as a central repository for immigration records. 3. The National Bureau of Investigation, which investigates cases where it may be a party of interest and serves as a nationwide clearinghouse for criminal information for law enforcement agencies.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Assessment

Activity 1. Aside from the Public Prosecutors, there are also other prosecuting
bodies

that are involved in special cases. Research at least three (3) other prosecuting
bodies.

BUREAU OF CORRECTIONS- The Bureau of Corrections (BuCor) is responsible for


the incarceration and rehabilitation of national offenders, those who have been
condemned to more than three (3) years in jail. To fulfill its mandate, the Bureau
performs the following tasks. Persons convicted by the courts and sentenced to
serve time in national prisons. Prevent inmates from committing crimes while
they are in detention.

BUREAU OF IMMIGRATION- Assists local and international law enforcement


agencies in maintaining the state's serenity against foreigners whose presence or
stay could be considered a threat to national security, public safety, public morals,
or public health

Acts as the central repository for all immigration records relating to all foreigners
in the country, including their arrival, temporary sojourn, admission, residence,
and exit.

NATIONAL BUREAU OF INVESTIGATION- In cases where is or may be a party in


interest, investigate and gather evidence, unless the task is delegated to another
investigative agency by statute or otherwise.

It serves as a nationwide clearinghouse for criminal and other information for all
Philippine prosecuting and law enforcement agencies: identification records of
identifying marks, characteristics, ownership or possession of all firearms, as well
as test rounds fired from them.
Activity 2. The Role of the Prosecutor. Identify the roles of prosecutors by
comping up with word/s/phrase/s that starts with each letter comprising the
term PROSECUTOR

P- re-trial and trial preparation for criminal cases

R - ole in judicial administration

O- bligation to stay objective while researching and examining evidence

S- creening criminal suspects

E- nsuring that perpetrators are fairly punished

C - reate a reasonable doubt in their client's favor so that they can be found not
guilty.

U- se all of their resources to pursue criminal charges.

T-o supervise investigations

O- ften, the outcome of criminal prosecutions is predetermined.

R- esponsible in charge of the police inquiry


ENHANCMENT ACTIVITY/OUTCOME

Activity 1. Read the procedure in conducting a preliminary investigation. Make a


diagram showing the step-by-step procedures undertaken by the prosecutor.

The complaint, along with the affidavits and


supporting documents, is filed.

The investigating officer must dismiss or issue a


subpoena within 10 days of receiving the
complaint.

Within 10 days of receiving the subpoena, the


respondent must file a counter-affidavit and
additional supporting documents.

It must happen within 10 days of the counter-


affidavits being filed or the deadline for filing
having passed.

Prosecutor's decision under investigation


Assessment

Activity 1. WORD SEARCH. Search for the different types of jurisdictions on the
box. Then, write it down on the provided table below. Research also the
definition of the type of jurisdiction and provide examples each.

Original jurisdiction- is the power and authority to hear, try and decide cases
brought in the court, body, or tribunal for the first time. An example of is if the
crime of theft is first heard by a Municipal Trial Court.

Appellate jurisdiction- is the power and authority to hear, try and decide cases
previously heard by a lower court, body, or tribunal.

Exclusive jurisdiction- is the power and authority to hear, try and decide cases to
the exclusion of other courts, body, or tribunal. An example of this is the
Municipal Trial Courts have exclusive jurisdiction over cases punishable by light
penalty.

Concurrent jurisdiction- is the power and authority to hear, try and decide cases
that may be brought to two or more courts, body, or tribunal.

General jurisdiction- is the power and authority to decide all disputes which may
come before it except those assigned to other courts, body, or tribunal.An
example of this is the jurisdiction of Regional Trial Courts (RTC).

Regional Trial Courts have jurisdiction over cases not assigned to any other court,
body, or tribunal.
Limited jurisdiction- is the power and authority to hear and determine only
specified cases. An example of this is the jurisdiction of Municipal Trial Courts.
Municipal Trial Courts have jurisdiction only to cases expressly specified by the
law.

Criminal jurisdiction- is the power and authority to hear cases for punishment of
crime. An example of this is when a court hears a criminal case of homicide.
Civil jurisdiction- is the power and authority to hear cases not criminal in nature.
An example of this is a suit for collection of money.

ACTIVITY 1. CROSSWORD PUZZLE. Find ten (10) words that are associated with
the

Court Pillar. Research for the definition.


Court- It is the venue where the prosecution can demonstrate that there is strong
evidence of guilt against the defendant.

Pao- (Public Attorney Office) is a division of the Department of Justice that


provides free legal assistance to urgent litigants.

Examination- is a court procedure in which a lawyer asks their own witness their
initial questions in order to start demonstrating their legal position.

Cross-examination allows the opposing party to bring out flaws in a witness's


testimony, such as gaps in their account or a lack of credibility.

Accused- It entails the reading in open court of the information or criminal


complaint to the accused. After that, the accused is asked how he pleads. The
accused has the option of pleading guilty or not guilty to the charge. If he refuses
to submit a plea, he will be found not guilty.
Prosecution- Prosecutors "must control the conduct of the state by bringing to
the attention of the courts any instance of unlawful or corrupt behavior by State
agents or other authorities in positions of responsibility, and by pursuing such
offenders to the full extent of the law."

Defense- A solid defense is essential to a fair trial. The defendant's rights are
represented and protected by the defense teams (suspect or accused). Until
proven guilty beyond a reasonable doubt in court, all defendants are deemed
innocent. In this section as well.

Gail- GAIL means GAIL (India) Limited; (18). “Governmental Authority” means
anygovernmental, statutory, departmental or public body or authority or stock
exchanges

Witness- A witness is someone who witnessed or heard the incident and may
know critical details about the crime or the defendant. Both the defense and the
prosecutor have the ability to call witnesses to testify or provide information
about the case.

Case- A general term for any action, Cause of Action, lawsuit, or controversy. All
the evidence and testimony compiled and organized by one party in a lawsuit to
prove that party's version of the controversy at a trial in court.

Trial- Trial proceedings are the hearing of statements and the display of objects,
among other things, in a law court to determine whether a person is guilty of a
crime or to decide a case or a legal situation.

Activity 2. Summarize, what are the matters that will conducted in court, in
order?

Criminal cases are often handled by limited jurisdiction courts in the following
manner:
1. The defendant is informed of the charges at his or her first court appearance. If
a defendant cannot afford an attorney, the judge assigns one.

2. Arraignment - The offender enters a guilty or not guilty plea in court. The first
appearance and arraignment are often combined in limited jurisdiction courts.

3. A trial is held if the defendant enters a plea of not guilty. The judge, or a jury, at
the defendant's request, can hear evidence and deem the defendant guilty or not
guilty.

4. If the defendant is found guilty, the court will sentence him or her to the
appropriate penalty (sentence).

5. Appeals - Superior courts hear appeals from decisions made by limited


jurisdiction courts. A hearing may be held on an appeal. An appeal may be heard
as a fresh trial, or the superior court judge may review the trial records if they
were maintained. Small claims court decisions are not appealable.

Criminal and civil lawsuits are the two most common forms of court matters in
superior court. Criminal and civil trials are often conducted in the same manner.
The jury decides the facts in the case and renders a judgement after all the
evidence has been given and the judge has explained the law relevant to the case
to the jury. If there is no jury, the case is decided by the judge.

Activity 1. Watch the Ted Talk entitled “What a world without prisons could
look like”

by Deana Van Buren (you can access this clip through Youtube). Afterwards,
write your reflection regarding the topic discussed.

-She has a good point but there are so many people cannot rehabilitate I
understand where her idea comes from, but it is not well though out. I don't think
many people understand how bad this be if this model was used. If a world
without prisons could look like. All of the muggers, rapists, arsonists, serial killers,
child molesters, thieves, drug pushers, con men, forgers, and thugs who have
been apprehended as well as those who have yet to be apprehended would be on
the streets. There would be crime and danger everywhere.

"House arrest with heightened inspection" would not suffice to keep these
individuals confined. There are countless methods for avoiding "intense scrutiny."
Not only would previous crime rates continue, but all types of crimes would
significantly climb. People with criminal tendencies would see no consequences
or restraints for committing crimes, resulting in the unbridled proliferation of all
sorts of crime. There are people who simply cannot be rehabilitated to be live in
society.

All of this would lead to organized protests, if not riots, by citizens demanding
that the government take action to catch and imprison criminals so that they can
live their lives free of danger and dread. Politicians would be removed from office,
and individuals would declare themselves Mayor, Governor, Chief of Police, or
whatever title they choose in an attempt to restore order. As many people would
strive to take the same place, there would be frequent conflicts and murmuring.

All across town, genuine and suspected criminals would be shot or lynched on
sight. Vigilantes would set fire to homes and structures where they suspected
criminals were hiding or staying. Chaos, insurgency, and anarchy would result.
Law-abiding citizens would refuse to leave their homes and shot anyone who
approached. They'd travel to the supermarket in armed groups, for example, only
to find it closed and looted when they arrived. And, surrounded by the looters'
bodies.

Prisons are not to help prisoners but to protect the society from these people.

Activity 2. Distinguish the jail and prison.

Prisons are for felony sentences of more than a year, whereas jails are for short
sentences and temporary imprisonment.
County governments typically run jails under the control of the county sheriff.
They are meant for shorter periods and serve smaller populations than prisons.
Municipal governments run smaller holding facilities that are nevertheless
classified as jails. People are held at these facilities for a few hours or days before
being moved to a larger jail. Jails house two distinct populations at any given
moment. People who have been convicted of relatively minor offenses, such as
misdemeanors or violating their probation, make up the first group. Innocent
folks make up the second group. A high percentage of those imprisoned in jails
are awaiting trial and have been denied bail or are unable to pay.

Those convicted of offenses are sent to prison. For lesser felonies, a jail sentence
is feasible, but a prison sentence is more common. Prisons are substantially larger
than jails and are managed by the state or the federal government. Some jails are
run by private companies. Prisons are hardly pleasant places to be, they do
provide more services to their inmates. They provide a number of courses,
including GED preparation. Inmates have more freedom to travel around prisons,
which may seem paradoxical. They have assignments to accomplish and are given
time in a vast, open yard.

Activity 1. Putting yourself in the shoes of an offender. Let’s say you have
committed a crime and has been found guilty for it. The jail officers are
escorting you to your cell.

1. Describe your probable emotions.


- Nothing in life will ever be the same again. Stress and negative energy.
Unable to concentrate on anything for longer than a minute because
horrible think never stops nagging. Being guilty to commit those crimes and
be afraid of what might happen inside
2. How do you want to be treated inside the jail?
-Every human being, in my opinion, has the right to food and preventive
health care. People should not be afraid for their safety or health because
they have broken the law. I do not believe they should be treated well: the
punishment should be appropriate for the offense, but the prisoner should
not be threatened with famine, abuse from other inmates or personnel, or
medical negligence.
3. What are the possible impact of this experience to your life?
- it was a big impact, Imagine having no choice over who you spend your
time with, what you eat, or where you go day after day, year after year.
Everywhere there is danger and suspicion. It can be tough to find love or
even a nice human touch. You are cut off from your family and friends.
Prisoners imprisoned to this type of environment have little choice but to
adjust and adapt if they are to survive.
Despite our relative stability, our habits of thought, behavior, and emotion
change in major and meaningful ways, particularly in reaction to the various
roles we take on during our lives. It's almost certain that time spent in
prison, in a highly regulated but socially dangerous environment, will result
in major personality changes.

Activity 2. Picture Perfect. The following pictures show problems or challenges


faced in prisons or jails. Write your observation on the said problem and suggest
solutions to address the presented problem.

1. )
In this picture, According to data from World Prison Brief, the Philippines
has the world's most overcrowded correctional system, with over 215,000
people in jail as of November 2019 occupying space designed for a
maximum capacity of 40,000. Bureau of Jail Management and Penology
announced that at least 195 prisoners had contracted the disease, and the
Bureau of Corrections had reported 50 instances.
Suggest Solution:
I suggest human rights groups and prison reform supporters called for the
release of low-level offenders, sick and elderly convicts. While the Supreme
Court understood the gravity of the humanitarian crisis facing the country,
it needed to hear all parties to be able to come out with a solution.

2. )

The destruction of the contrabands was done in line with the BJMP's Oplan
Linis Piitan, which aims to clean jails from smuggled items such as phones.
Asked how the items managed to pass under the noses of jail wardens, for
those that visitors sneaked the items inside the jails.

Suggest solution:
The screening process should begin with pre-approval screening to
determine legitimacy. Visitors should be limited to family and clergy.
Security screening for visitors at the time of the visit will vary due to the
type and location of the visit. If the visit is a contact visit, the visitor must
clear a metal detector search and whenever possible, an X-ray or ION scan
for drugs.
3. )
"Rich get Richer and the poor get prison"
The current criminal justice system is Shaped by economic bias crimes
unique to the wealthy are either ignored of treated lightly, while the so
called common crimes of the poor lead to arrest, charges conviction, and
imprisonment. The three propositions thag support this statement are the
society fails to protect people from crimes they fear (Homicide, burglary,
assault) Ng refusing to alleviate the poverty that breeds them. The criminal
justice system fails to protect people from the most serious dangers by
failing to define as crimes the dangerous acts of those who are well off
(white collar crime, pollution, occupational hazards) and to prosecute
accordingly and by virtue of these and other failures, the criminal justice
system succeeds in creating the image that crime is almost exclusively the
work of he poort, an image that serves the interest of the powerful. By
focusing on individual criminal who are poor, the system diverts attention
from the injustices of social and economic institutions. The failure to reduce
crime reinforces this situation by concentrating fear and hostility on the
poor. At the base of unequal justice is the unequal distribution of wealth
and income.
4)

Reduces job productivity and so slows economic growth Without a doubt, human
capital is a country's most valuable resource nonetheless, every day spent behind
bars is a missed opportunity for able-bodied people to work. Detainees are
forcibly taken from society in order to protect the lives and property of others.
Individuals who, at least in the eyes of the law, are still regarded innocent but are
unable to gain their provisional liberty for various reasons; these are people who
could be working to put food on the table but must instead endure the confining
spaces of cells.

The public must involve the relevant government bodies after learning about the
difficulties that beset detention institutions. The public can lobby the legislature
to increase funding for better jail facilities; the judicial branch can review its rules
of criminal procedure to democratize bail and recognizance, as well as to remove
procedural bottlenecks for a faster trial; and the executive branch can expedite
the review of pardons and paroles.

Jhozelin Joy Sanopo

BS CRIM 1 Blk 2

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