Chris CRIMINAL-JUSTICE-SYSTEM-LECTURE
Chris CRIMINAL-JUSTICE-SYSTEM-LECTURE
SYSTEM
Criminal – It refers to any person finally convicted by a
competent court in violation of law.
Justice – Principle of dealing with fairness; equality in the
application of law.
System – A process; a coordinated body of method; organized
way of work.
Criminal Justice System – Sum total of instrumentation which
a society used in the prevention and control of crimes.
- The machinery used by a democratic
government to protect the society against
criminality and other peace and order problems.
- An integrated apparatus that is concerned with
apprehension, prosecution, conviction, sentencing
and correcting criminals.
BREEDING GROUNDS OF CRIMINALITY
(CAUSES OF CRIMES)
Poverty – This is characterized by the widespread unemployment, low
income and productivity, malnutrition, big families and rapid
population growth rates, low standard of living and the like.
Ignorance - This factor is widespread among people, who lack
knowledge and understanding about many laws and things, which they
should and are presumed to know as citizens.
Injustices/Abuses – This factor in itself already constitutes several
crimes themselves. As if these were not enough yet, such they spawn
and breed more crime to happen as aftermath thereof.
BREEDING GROUNDS OF CRIMINALITY
(CAUSES OF CRIMES)
Soft State – This pertains to a system of government characterized by
non-enforcement of several laws and ordinances, massive graft and
corruption, absenteeism on the part of government officials, lack of
basic services and other ugly symptoms.
Fear – This problem is pervasive that it affects practically the entire
society, whether rich or poor.
Lost Family Values – It loosens family ties, result in many broken
homes or families. As children are separated from their parents they go
wayward and become misguided. Many become addicted to
prohibited drugs, unwed or separated parents and eventually become
criminals or victims of crimes.
OTHER BASIC CAUSES OF CRIMES
Insanity – From among the members of the society, there are those
who are born mentally abnormal and are therefore not governed
by their own free will. They cannot distinguish good from evil. They
have no control over their physical want and are not aware that
what they have done is wrong.
Revenge – This literally means to retaliate. This is what most
people feel and think of when others have committed acts
detrimental to the interest of their loved ones. It is the
manifestation of uncontrollable impulses by one against another
who offended them.
Unpopular Laws
GOALS OF CRIMINAL JUSTICE
SYSTEM
The judge at the end of the trial renders decision to the case.
The probation officer conducts pre-sentence investigation, and
also supervise offender placed on probation.
The offender, if convicted and sentenced, will be committed to
penal institution until the parole board grants him parole or be
released if he had completely served his sentence.
Finally, the convicted offender, once sentence is served, will be
sent back to the main stream of the society.
LAW ENFORCEMENT
PILLAR
1ST PILLAR
POLICE –
The agency of the community or government that is
responsible for enforcing the law, maintaining public order, and
preventing and detecting crime.
Pre-Spanish Regime
Headman or tribe leaders mandates all male residents in the
village to protect their crops from wild animals.
Spanish Regime
Police force was considered part of the military system by the Spanish
Government.
Functions:
Suppress brigandage by patrolling unsettled areas.
Detection of spies as well as local petty uprising.
The enforcement of tax collection and church revenues.
POLICE FORCES UNDER THE
SPANISH REGIME
Carabineros de Seguridad Publica (Mounted Police)
It was established on 1712.
It is responsible in carrying out the policies of the Spanish government.
Guardrilleros
- It refers to a body of rural police organized in every town.
- It was created by virtue of a Royal Decree on January 8, 1836.
- It was composed of 5% able bodied male inhabitants of each town
or province which has tenure of service for three (3) years.
Functions:
Guard municipal tribunals
Patrol
Guard prisons
Guard mountains or buildings
Carry mail
Maintain peace and order
Cuerpo de Carabineros de Seguridad Publico
- General Duties:
- prosecution of law breakers
- maintenance of peace and order
- Specific Duties:
watching and guarding custom houses
prevention of entry of contrabands
Guardia Civil
- Police organization created by virtue of a royal decree on
February 12, 1852
- It relieved the Spanish peninsular troops
- It consisted of Filipino Policemen organized originally in each
provincial capitals of the central provinces of Luzon.
IMPORTANT DATES
American Period
July 18, 1901 – creation of Insular Constabulary by virtue
of Act # 175.
July 31, 1901 – Manila Police Department was organized
by virtue of Act # 183
October 3, 1901 – Insular Constabulary was changed to
Philippine Constabulary by virtue of Act # 255.
January 2, 1942 – First element of the Japanese Imperial
Army called KEMPETAI entered Manila.
February 7, 1945 – General McArthur returned to the
Philippines and the battle of manila ended.
IMPORTANT PERSONALITIES
William Howard Taft – First Civil Governor of the Philippines.
Capt. George Curry – First chief of Police of Manila Police
Department.
Capt. Columbus E. Piatt – Last American chief of police of
Manila Police Department before the WWII broke out.
Capt. Henry T. Allen – First chief of police of Philippine
Constabulary.
Brig/Gen. Rafael Crame – Became the first Filipino chief of
police of the Philippine Constabulary
IMPORTANT PERSONALITIES
Continental Theory –
Policemen are considered as the servant of higher authority.
Home-Rule Theory –
Policemen are considered as the servant of the community.
PNP POWERS AND FUNCTIONS
Statutory Functions:
Old Concept –
Focuses on punishment as a way of eliminating crimes. Police
efficiency is measured through the no. of arrested criminals.
Modern Concept –
The test of police efficiency is the absence of crime.
PROSECUTION
2ND PILLAR
TERMS TO PONDER
Prosecution – It is the legal process or method whereby
accusations are brought before a court of justice to determine the
guilt or innocence of the accused.
- It may also refer to the agency responsible in presenting
the governments position in criminal cases and evaluating pieces
of evidence presented by the law enforcement pillar.
Prosecutor – A prosecutor is a public officer having an authority to
conduct legal actions concerning the complaint filed at his office
and perform other prosecution functions as provided by law.
Criminal Action – Is one by which the state prosecutes a person
for an act or omission punishable by law.
- It is commenced by the filing of a complaint with the city or
provincial prosecution office or with the Municipal Trial Court or
Municipal Circuit Trial Court. However, criminal action for an offense
committed within Metro Manila, may be commenced only by the filing
of complaint with the prosecutors office.
TERMS TO PONDER
Complaint – A sworn written statement charging a person of an
offense subscribed by the offended party, peace officer or any
public officer charge with the enforcement of the law violated.
Offended Party – The person against whom or against whose
property the crime was committed.
Information – An accusation in writing charging a person of an
offense subscribed by the prosecutor and filed with the court.
ELEMENTS OF COMPLAINT AND
INFORMATION
Should the inquest officer find that the arrest was properly
effected:
He shall proceed with the inquest by examining the sworn
statements or affidavits of the complainant and the witnesses and
other supporting evidence submitted to him.
If necessary, the inquest officer shall require the presence of the
complainant and subject them to an informal and summary
investigation or examination for purposes of determining the
existence of probable cause.
PROBABLE CAUSE
REGULAR COURTS
The Philippine judicial system consists of a hierarchy of
courts resembling a pyramid with the Supreme Court at the
apex.
Under the Judiciary Reorganization Act of 1980,
otherwise known as the Batas Pambansa Bilang 129 the other
regular courts are:
Court of Appeals (Intermediate Appellate Court) –
This operates in 10 divisions, each comprising 5
members. The courts sits en banc only to exercise
administrative, ceremonial or other non-adjudicatory
functions;
Regional Trial Courts – One which is presided by 720
regional trial court judges in each side of the regions of
the country.
Metropolitan Trial Courts – In each Metropolitan area,
established by law are a Municipal Trial Court in every City
not forming a part of the metropolitan area and each of the
municipalities not comprised within a metropolitan area;
Municipal Circuit Trial Court in each area defined as a
Municipal Circuit comprising of one or more cities and/or one or
more municipalities grouped together according to the law.
SPECIAL COURTS
Court of tax Appeals – This was created under RA 1125, as
amended, this special court has appellate jurisdiction to review on
appeal the decision of the Commission of Internal Revenue involving
internal revenue taxes and decisions of the Commissioner of
Customs involving customs duties.
Sandigan Bayan – The constitution provides that the National
Assembly shall create specialized court, popularly known as
“Sandigan Bayan”. The creation was made possible by PD #1606.
QUASI-JUDICIAL BODIES –
There are administrative bodies under the executive branch performing
quasi-judicial functions, like the :
National Labor Relations Commission,
Employees Compensation Commission,
JURISDICTION OF COURTS