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Chris CRIMINAL-JUSTICE-SYSTEM-LECTURE

The document provides an overview of the criminal justice system, including definitions of key concepts, causes of crime, goals and components of the criminal justice system, and the process it follows. It also discusses the evolution of policing in the Philippine setting from the pre-Spanish regime to the American period, covering important police forces established under the Spanish like the Carabineros de Seguridad Publica and Guardrilleros. It notes important dates and personalities in the development of policing.
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100% found this document useful (1 vote)
205 views75 pages

Chris CRIMINAL-JUSTICE-SYSTEM-LECTURE

The document provides an overview of the criminal justice system, including definitions of key concepts, causes of crime, goals and components of the criminal justice system, and the process it follows. It also discusses the evolution of policing in the Philippine setting from the pre-Spanish regime to the American period, covering important police forces established under the Spanish like the Carabineros de Seguridad Publica and Guardrilleros. It notes important dates and personalities in the development of policing.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
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CRIMINAL JUSTICE

SYSTEM

By: JESSIE CHRIS ENTERIO MARTINEZ, RCrim.


TOP 6, JUNE 2018 CRIMINOLOGIST LICENSURE
EXAMINATION
BASIC CONCEPTS

 Crime – it is an act or omission in violation of the criminal law.


(Sutherland and Cresey)
 It is an act which is not in conformity with the
accepted norms and standards in a certain society.
(Keeper)
 An act committed or omitted in violation of a public
law forbidding or commanding it.
 Act - Any bodily movement tending to produce some effect in the
external world.
 Omission – is meant inaction, or the failure to perform positive
duty which one is bound to do.
 Criminal Law – Branch or division of law which defines crimes,
treats of their nature and provides for their punishment.


 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

Hatred – Some individuals develop violent hatred for reasons or


another. This hatred may ultimately result in some acts of violence.
Passion – All persons are born with the same general tendencies
and passions. It is in the manner in which they control these passions
that will determine whether or not a person is able to control his
passion will depend upon his early training and the influence of his
home.
Personal Gain – It is normal for a person to desire to improve his life
and to work hard to provide a better if not abundant life for himself
and his family.
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

Protect the members of the society.


Maintain Peace and Order
Crime prevention
Suppression of criminal conduct
Review the legality of existing rules and regulations
Rehabilitation and reformation of offenders.
PURPOSE OF CRIMINAL JUSTICE
SYSTEM

The purpose of the criminal justice system is to process


those who have been accused of criminal activities.
COMPONENTS OF CRIMINAL
JUSTICE SYSTEM
American Concept of Criminal Justice System
• Law Enforcement
• Court
• Correction
Philippine Concept of Criminal Justice System
• Law Enforcement (Police)
• Prosecution
• Court
• Correction
• Community
OBJECTIVES OF CRIMINAL
JUSTICE SYSTEM
 Preventing the commission of crime
 Enforcing the law
 Removing dangerous person from the community
 Protecting life, individual rights and properties
 Deterring people from indulging in criminal activities
 Determining the guilt or innocence or guilt of the accuse
 Investigating, apprehending, prosecuting and imposing penalty
upon those who cannot be deterred from violating the rules of
society
 Rehabilitating offenders and returning them to the community
as law-abiding and useful citizens of the society.
PROCESS OF CRIMINAL JUSTICE
SYSTEM

 The police are responsible of gathering pieces of evidence and


arresting the law violator as well as filing complaint to the
prosecutor.
 The prosecutor is responsible for evaluating evidence, which
the police gathered, and deciding whether it is sufficient to
warrant filing of charges against the accused.
 The defense lawyer, whether privately retained or provided by
the government, are responsible for defending the accused.
 The judge, during trial, is an arbitrator in court while judicial
proceeding goes through.
PROCESS 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.

• It is known as the prime mover of the Criminal


Justice System
• It initiates the Criminal Justice System by the arrest
of the offenders.
EVOLUTION OF POLICING IN THE
PHILIPPINE SETTING

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

- It was established on December 20, 1842

- 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

 Col. Antonio C. Torres – First chief of police


of Manila Police Department when it became
an all Filipino police organization.
 Col. Marcus Ellis Jones – First chief of
police of Manila Police Department upon the
liberation of Manila from the Japanese
Imperial Army.
 Col. Lamberto T. Javalera – First chief of
police of Manila Police Department under the
Republican government of then President
Roxas.
RELATED LAWS
 Republic Act # 4864
It was enacted on September 8, 1966
It created the office of the Police commission which
was later called NAPOLCOM under the office of the
President.
Its function is to oversee the training and
professionalization of the local police forces.
 Presidential Decree # 765
It was enacted on August 8, 1975
The law provides for the NAPOLCOM to be under the office of
the Ministry of National defense.
RELATED LAWS
 Republic Act # 6975
It was enacted on December 13, 1990
It is otherwise known as the DILG Act of 1990.
It abolished the PC/INP and created BJMP,BFP,PNP and PPSC.
 Republic Act # 8551
It was created on February 25, 1998 which amended Republic
Act 6975.
It is otherwise known as the PNP Reform and Reorganization
Act of 1998
It provides for the reformation and professionalization of the
PNP
THEORIES OF POLICE SERVICE

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:

 Enforcement of laws and ordinances relative to the protection of


lives and properties.
 Maintain peace and order and take all necessary steps to
ensure public safety.
 Exercise the general powers to make arrest, search and
seizures in accordance with the constitution and pertinent laws.
 Investigate and prevent crimes, effect the arrest of criminals,
bring offenders to justice and assist in their prosecution.
 To assist other national government agencies, instrumentalities,
and subsidiaries in the enforcement of laws pertinent thereto,
upon proper request and or deputization.
 Detain an arrested person for a period not beyond what is
prescribed by law, informing the person so detained of all his
rights under the constitution and pertinent laws.
Administrative Functions:
 To issue licenses for the possession of firearms and explosives in
accordance with law.
 Supervise and control the training and operation of security
agencies, security guards, and private detectives for the practice of
their profession.
 Perform such other duties and exercise all other functions as
maybe provided by law.
Miscellaneous Services:
 Regulation of non criminal conduct such as traffic control and
management.
 Perform civic missions.
OTHER LAW ENFORCEMENT AGENCIES

 National Bureau of Investigation


 Economic, Investigation and intelligence
division under the Department of Finance.
 Bureau of Fisheries and Aquatic Resources
under the Department of Agriculture.
 Bureau of Customs under Department of
Finance
 Bureau of immigration under Department of
Justice.
 Bureau of internal revenue under the
Department of Finance
OTHER LAW ENFORCEMENT AGENCIES

 Bureau of forest development under


Department of Environment and Natural
Resources.
 Land Transportation Office under the
Department of Transportation and
Communication.
 National Telecommunications Commission
under the Department of Transportation and
Communication.
 Bureau of food and drugs under the
Department of Health.
 Bureau of product standards under the
Department of Trade and Industry
CONCEPT OF POLICE SERVICE

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

 The name of the accused;


 The designation of the offense committed;
 The act or omission complained of;
 The name of the offended party;
 The approximate time of the commission of the offense; and
 The place where the offense was committed.
INQUEST
An informal and summary investigation
conducted by a public prosecutor in criminal
cases involving persons arrested and detained
without the benefit of a warrant of arrest
issued by the court for the purpose of
determining whether or not said person should
remain under custody and correspondingly be
charge in court.
DUTY OF INQUEST OFFICER WHEN
ARREST IS NOT PROPERLY EFFECTED

 Recommend the release of the person


arrested or detained;
 Note down the disposition on the referral
document;
 Prepare a brief memorandum indicating
the reasons for the action taken; and
 Forward the same, together with the
record of the case, to the city or Provincial
Prosecutor for appropriate action.
DUTY OF INQUEST OFFICER WHEN
ARREST IS PROPERLY EFFECTED

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

It exist when the evidence submitted to the inquest officer


engenders a well founded belief that a crime has been
committed and that the arrested or detained person is probably
guilty thereof
PRESENCE OF PROBABLE CAUSE

It the inquest officer finds that probable cause exists:


 He shall prepare the corresponding complaint or information
with the recommendation that the same be filed in court.
 The complaint or information shall indicate the offense
committed and the amount of bail recommended if bailable.
ABSENCE OF PROBABLE CAUSE

If the inquest officer finds no probable cause, he shall;


Recommend the release of the arrested or detained person;
Note down the disposition on the referral document;
Prepare a brief memorandum indicating the reasons for the
action taken; and
Forthwith forward the record of the case to the City or
Provincial Prosecutor for appropriate action.
PRELIMINARY INVESTIGATION

An inquiry or proceeding conducted to


determine whether there is a sufficient ground
to engender a well founded belief that a crime
has been committed and that the respondent is
probably guilty thereof and should be held for
trial.
PURPOSES OF PRELIMINARY
INVESTIGATION

To secure the innocent against hasty, malicious


and oppressive prosecution.
To protect him from an open and public
accusation of a crime and from the trouble,
expense and anxiety of a public trial.
To protect the state from having to conduct
useless and expensive trials.
DUTIES OF THE INVESTIGATING
FISCAL
If the investigating fiscal finds cause to hold the respondent
for trial:
 He shall prepare the resolution and corresponding information.
 He shall certify under oath that he has personally examined the
complainant and his witnesses.
 That there is reasonable ground to believe that a crime has been
committed and that the accused is probably guilty thereof.
 That the accused was informed of the complaint and of the
evidence submitted against him and that he was given an
opportunity to submit controverting evidence.
DUTIES OF THE INVESTIGATING
FISCAL
In either case, he shall forward the records of the
case to the provincial or city fiscal or chief state
prosecutor within 5 days from his resolution.

The latter shall take appropriate action thereon,


within 10 days from receipt thereof, immediately
informing the parties of said action.
DUTIES OF THE INVESTIGATING
FISCAL
No complaint or information may be filed or
dismissed by an investigating fiscal without prior
written authority or approval of the provincial or
city fiscal or chief state prosecutor.
When the investigating assistant fiscal
recommends the dismissal of the case but his
findings are reversed by the provincial or city fiscal
or chief state on the ground that a probable cause
exists, the latter may, by himself, file the
corresponding information against the respondent
or direct any other assistant fiscal or state
prosecutor to do so, without conducting another
preliminary investigation.
KATARUNGANG PAMBARANGAY

 It was created by virtue of Presidential Decree 1508 on June 1978.


 Likewise, Republic Act #7160 (local Government Code of 1991)
integrated provisions to strengthen katarungang pambarangay
specially sections 399 – 422.
 It was created purposely to give the appropriate barangay
chairman and barangay lupon officials to amicably settle cases
within their jurisdiction.

 Amicable Settlement – It is the process of solving or settling


disputes in a certain barangay.
.
COMPOSITION OF KATARUNGANG
PAMBARANGAY

Lupong Tagapamayapa (lupon)

- It is composed of ten to twenty members who have been


chosen from respected members of the barangay.

 Pangkat Tagapagkasundo (Pangkat)


- It is composed of 3 selected members among the lupong
tagapamayapa.
CASES OR DISPUTES WHICH ARE NOT THE SUBJECT
MATTER FOR AMICABLE SETTLEMENT

Where one party is the government; or any


subdivision or instrumentality thereof;
Where one party is a public officer or
employee, and the dispute relates to the
performance of his official functions.
Offenses punishable by imprisonment
exceeding one (1) year imprisonment, or a fine
exceeding Php 5,000.00;
Offenses where there is no private offended
party;
CASES OR DISPUTES WHICH ARE NOT THE SUBJECT
MATTER FOR AMICABLE SETTLEMENT

 Where the dispute involves real property located in different cities


or municipalities, unless the parties thereto agree to submit their
differences to amicable settlement by an appropriate lupon;
 Disputes involving parties who actually reside in barangays or
different cities or municipalities, except where such barangay units
adjoin each other and the parties thereto agree to submit their
differences to amicable settlement by an appropriate lupon; and
 Such other classes of disputes which the President may determine
in the interest of justice or upon the recommendation of the
secretary of justice.
COURTS
3RD PILLAR
TERMS TO PONDER
 Court – A body to which the public administration of justice is
delegated, being a tribunal assembled under authority of law at
the appropriate time and place for the administration of justice
through which the state enforces its sovereign rights and powers.
- It is an entity or body in which a portion of judicial power is
vested.
- This pillar is responsible in conducting trial or court
adjudication and impose penalty if found guilty, otherwise render
dismissal or acquittal of the case.
 Judge – A public officer so named in his commission and
appointed to preside over and to administer the law in a court of
justice.
TERMS TO PONDER
 Judicial Power – Power to apply the law to contests or disputes
concerning a legally recognized rights or duties between the state
and private persons.
 Jurisdiction – It is the authority to hear and determine cases. It is
the authority by which judicial officers take cognizance and decide
cases correctly or incorrectly.
 Venue – It is a geographical division in which an action is brought
to trial or the place of trial for criminal action. It is a territorial unit
where the powers of the court were to be exercised.
ORGANIZATION OF COURTS

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

 General – empowered to decide all disputes which may come before


it, except those assigned to other courts.
 Limited – has authority to hear and determine only a few specified
cases.
 Original – try and decide a case for the first time.
 Appellate – Take a case already heard and decided by a lower court
removed from it by appeal.
 Exclusive – try and decide a case which cannot be presented before
any other court.
 Concurrent – two or more courts may take cognizance of a case
 Criminal – it exists for the punishment of a crime.
 Civil – it exist when the subject matter is not a criminal offense.
 Delegated Jurisdiction – Power to hear and determine cases by
authority of court vested by original jurisdiction over the case
delegated.
 Territorial Jurisdiction – Power to hear and decide cases falling
within a territorial limit.
 Summary Procedure – Refers to proceedings whereby criminal
cases are speedily decided or resolved.
 Bail – It is the security required by court and given for the
provisional or temporary release of a person who is in the custody of
the law conditioned upon his appearance before any court as
required under the conditions specified.
 Arraignment – It is made on the first day of the trial wherein there is
the reading of the case and the accused enters a plea.
 Pre trial – It is a conference undertaken among litigants and their
respective lawyers with the judge for the purpose of considering
such other matters
 Plea Bargaining – The process whereby the accused and the
prosecution work out a satisfactory disposition of the case
subject to court approval.
It usually involves the accused pleading guilty to a lesser
offense or to only one or some counts of several charges in
return for a lighter penalty.
 Trial – It is the examination done before a competent tribunal,
according to the laws of the land, of the facts in issue in a cause,
for the purpose of determining such issue.
The process by which the offended party represented by
the public prosecutor/private prosecutor to present all their
evidence to prove that the offense charged was committed by
the accused and that the offended party suffered damages, the
accused will also present his evidence to prove his innocence
or to seek a lighter penalty.
Promulgation of Judgment – It is reading of
the judgment given to the accused.
Decision – Is a judgment by a court of justice
or other competent tribunals after the
presentation of proof in an ordinary or criminal
case upon stipulation of facts upon which the
disposition of the case is based.
Appeal – Elevation of the decision of the lower
court to the higher court for purposes of review.
CORRECTIONS
4TH PILLAR
CONCEPT OF CORRECTION

The branch of Criminal Justice System concerned with


the custody, supervision and rehabilitation of criminal
offenders.
It is the field of criminal justice administration which
utilizes the body of knowledge and practices of the
government and the society in general involving the process of
handling individuals who have been convicted of offenses for
the purpose of crime prevention and control.
THE THREE AIMS OF
CORRECTION REFORMS
 To provide judges with more options to deal with offenders through the
use of probation, day fines, commitment to community treatment
centers, pre-trial release and other measures short of imprisonment.
 Improving condition in prison and jails, including decongestion,
improved housing, more effective medical, educational, vocational
training, and rehabilitation program services.
 Establishing an integrated correctional system that will ensure the
development of a unified philosophy of treatment, implementation of
uniform standards and policies, effective programs planning and
development and efficient delivery of services to offenders while at
the same time protecting the interest and welfare of the society.
IN ADDITION, THE BUREAU OF PRISON IS
ENTRUSTED WITH TWO BROAD GOALS

 To segregate from society persons who by their acts have


proven themselves dangerous to the society.

 To strive at the correction of these prisoners with the hope that


when they return to society, they shall be able to lead normal,
well-adjusted, self supporting and useful lives as useful and
law-abiding citizens.
 Punishment – The redress that the state takes against an offending
member of the society that usually involves pain and suffering.
 Penalty – It refers to the consequences that follow the
transgression of laws. The judicial punishment for crime or
violation of laws.
 Imprisonment – It is the state or condition of being constrained,
restrained or incarcerated in room or a building. It is actually a
form of conventional punishment of criminal offenders.
 Prison – It is penitentiary, an institution for the confinement of
persons convicted of major/heinous crimes.
 Prisoner – A person who is under the custody of a lawful authority.
A person who by reason of his criminal sentence or by a decision
issued by a court, may be deprived of his liberty or freedom.
- Any person detained/confined in jail or prison for the
commission of a criminal offense or convicted and serving in a
penal institution
CLASSIFICATION OF PRISONERS

 Detention Prisoners – those detained for investigation,


preliminary hearing or awaiting trial.

 Sentenced Prisoners – Offenders who are committed to the


jail or prison in order to serve their sentence after final
conviction by a competent court.

 Prisoners on Safekeeping – includes non criminal offenders


who are detained in order to protect the community against
their harmful behavior.
CLASSIFICATION OF SENTENCE
PRISONERS

 Insular or National Prisoners – Those sentence to suffer a term of


sentence of 3 years and 1 day to life imprisonment.

 Provincial Prisoners – Those sentence to suffer a term of imprisonment


from 6 months and 1 day to 3 years or a fine of not more that 1,000 pesos
or both; those detained therein waiting for preliminary investigation of
their cases cognizable by the RTC.

 City Prisoner – Those sentenced to suffer a term of imprisonment from 1


day to 3 years or a fine of not more than 1,000 pesos or both. Those
detained therein whose cases are cognizable by the RTC and under
preliminary investigation.

 Municipal Prisoners – Those confined in municipal jails to serve an


imprisonment from 1 day to 6 months. Those detained therein whose trials
of their cases are pending with the MTC.
JAIL

A place for locking-up of persons who


are convicted of minor offenses imposed
upon them by a competent court, or for
confinement of persons who are awaiting
trial or investigation of their cases.
TYPES OF JAILS
Lock-up jails – is a security facility, common to police stations
used for temporary confinement of an individual held for
investigation.

Ordinary Jails – is the type of jail commonly used to detain a


convicted criminal offender to serve sentence less than three
years.

Workhouse, Jail Farms or Camp – A facility that houses minimum


custody offenders who are serving short sentences or those who
are undergoing constructive work programs.
RELEASE

The stage wherein the convict after serving his sentence


or period of probation or parole is finally granted the right of a
freeman by restoring his entire constitutional and civil rights
taken from him as a result of the commission of crime.
THE COMMUNITY
5TH PILLAR
COMMUNITY
The Community refers to
the civilian populace in ,
municipalities or public in
general, and can be use
interchangeably with public,
citizenry, society, or private
sector.
WHAT MAKES THE
COMMUNITY AS A PILLAR?
 Family – Refers to the basic social group united through bonds
of kinship or marriage, present in all societies.
It is the primary institution that molds a child to
become a law abiding person or a delinquent.
 School – The second integral stage of the behavioral/social
development process is the school. It is said that the school is
an extension of the home having the strategic position to
control crime and delinquency.
It exercises authority over every child that enters its
jurisdiction.
The teachers are considered second parents having
the responsibility to mold the child to become productive
members of the community by devoting energies to study the
child’s behavior using all available scientific means and
devices in an attempt to provide each the kind and amount of
education they need.
 Church – The church is the institution that provides a place for
public worship and the services needed to enhance the
spiritual and moral character of an individual.
The church influences people’s behavior with the
emphasis on morals and life’s highest spiritual values, the worth
and dignity of the individual, and respect for people’s lives and
properties. The church generates a strong will of the people to
oppose crime and delinquency.
 Mass Media – It is the best institution for information
dissemination thereby giving an opportunity to the public to
know the necessary facts of life that help them shape their daily
views about crime and its control.
 Non-Government Organization – NGO’s are private
organizations that are civic oriented and thus promote peaceful
and productive society. These are groups of concerned
individuals responsible for helping the government to pursue
community development. They serve as partners of the
government institutions in providing common services for
public good and welfare, thus preventing criminality and
maintaining peace and order.
TWO (2) FOLD ROLES OF THE
COMMUNITY AS A PILLAR OF CJS

To participate in Law Enforcement Activities.


To participate in the promotion of Peace and
Order
GOOD DAY
AND
GOODLUCK
FUTURE RC’s!!

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