Criminal Justice System Overview

• The criminal justice system is studied in criminal sociology.

Components of the Criminal Justice System

• Law enforcement, prosecution, corrections and courts are all components of the Criminal Justice System in the United States.

Criminal Justice Models

• The crime control model is based on the protection of the public and the repression of criminal conduct.
• The due process model states the rights of an individual must be co-equal with concern for public safety.

Obligations of the Community

• Obligations involve the community's fairness and sharing of common burdens.

Law Enforcement Functions

• Law enforcement functions include eliminating factors influencing crime occurrence.
• Good community relations and citizen education contribute to law enforcement.
• Delinquency prevention programs and good parenting are law enforcement functions.

Principal Character

• The principal character links CJS components.

Frontline Defender

• Prosecution is the frontline defender of democracy in the Criminal Justice System.

Evaluating Evidence

• The Prosecutor evaluates evidence gathered by the police and decides whether to file charges.

Arbiter in Court

• The judge ensures that the defense and prosecution adhere to legal requirements when introducing evidence.

Pillar of the CJS

• The court is not under the executive branch of the government.

Government Body

• The court is a government body charged with administering justice.

Person with Jurisdiction

• Any person with jurisdiction, whether an individual or a member of a court, board, or commission.

Philippine Criminal Justice System

• The Prosecution pillar occupies a unique position in the Philippine Criminal Justice System because it serves as the lawyer of the State or government in criminal cases.

Prosecutor's Office

• A Certificate to file action is required by the Prosecutor's Office before it can entertain a complaint on a case covered by the Barangay Court.

Study

• Criminal Justice is the study of government agencies processing law violators and ensuring protection of the society.

Person Implicated

• A suspect is the person implicated in the commission of a crime and subject to an investigation.

Machinery of the State

• The Criminal Justice System is the machinery of the state enforcing rules to protect life, property, peace and order.

Degree of Proof

• Proof beyond a reasonable doubt is the degree of proof required in a criminal case, convincing a reasonable mind with moral certainty without precluding any possibility of error.

Negotiation

• Plea bargaining involves negotiation between defense counsel and prosecutor for a lighter sentence in exchange for a guilty plea.

Law Enforcement Agency

• The Philippine National Police (PNP) is the country's law enforcement agency under the Department of Interior and Local Government (DILG).

Rights

• A person under custodial investigation is protected by rights mandated in the constitution and expanded in Republic Act (R.A.) 7438

Judicial Power

• The court is a body assembled under legal authority where judicial power is vested.

Civil Authority

• The police maintain peace and order, enforce the law, and protect life, liberty, and property.

System

• Corrections involves taking care of the custody, rehabilitation, and treatment of people convicted of committing crime.

Anti Graft

• R.A. 3019 is the "Anti Graft and Corrupt Practices Act".

Jurisdiction

• The Municipal Trial Court (MTC) has exclusive original jurisdiction over offenses punishable with imprisonment not exceeding six years.

Department Act

• R.A. 6975, otherwise known as the Department of the Interior and Local Government Act of 1990 established the PNP, Bureau of Fire Protection (BFP), Bureau of Jail Management and Penology (BJMP), and the Philippine Public Safety College (PPSC).

Sectors of Society

• Civil Society consists of NGO's promoting public welfare against abuse and exploitation.

Reducing Initial Occurrence

• Crime prevention reduces the occurrence of a cause initially.

Services

• The National Prosecution Service, under the Department of Justice, maintains the rule of law through the delivery of services, particularly in prosecution and investigation.

Municipalities

• The name for a court covering two or more municipalities is MCTC

Judgment

• Discretion refers to the wise use of one's own judgment in a given situation.

Identifying Violators

• Criminal investigation is the art of identifying law violators, locating and tracing them to affect arrest and gather evidence.

Drug Law

• The Philippine Drug Enforcement Agency (PDEA) implement and undertake drug law enforcement.

Sworn Statement

• A complaint is a sworn statement subscribed by an offended party or peace officer, filed in court or the prosecutor's office.

Inquiry

• A preliminary investigation determines if there is sufficient ground to engender a belief that a crime has been committed and the respondent is probably guilty.

Cases

• Preliminary investigations are conducted on cases punishable by at least 4 years, 2 months and 1 day.

Answer

• An arrest restrains a person into custody of the law to answer for the commission of an offense.

Planned Execution

• Entrapment refers to trapping and capturing law breakers in the execution of their criminal plan.

Interdependent

• The community is a pillar of the CJS that is not under or interdependent from any branch of government.

Prosecution Direction

• During a criminal trial, the prosecutor directs the prosecution of the offense on behalf of the state.
• Once a case is elevated to the Court of Appeals the Solicitor General represents the State in the prosecution.

Initiation

• Custodial investigation questions started by law enforcement officers after a person has been taken into custody.

Filed

• A complaint for violations of Act 3019, R.A. 1379, or Art. 210 to 212 of the Revised Penal Code committed by public officers with salary grade 27 and above should first be filed with the Office of the Ombudsman.

Flagrante Delicto

• In flagrante delicto means "caught in the act."

Adjudication

• Jurisdiction refers to the authority or power of courts in the Philippines to try cases for adjudication.

Cases for the First Time

• Original jurisdiction is the authority of the court to try or hear cases for the first time to the exclusion of other courts.

Formal Reading

• Arraignment is the formal reading of charges and asking the accused how they plead.

Disputes

• Lupon Tagapamayapa is a body of men created to settle disputes within the Barangay level.

Reports

• The common way in which the police discover a crime is when the victim reports it.

Brgy Chairman

• The Lupon Tagapamayapa is composed of the Barangay Chairman, Brgy Secretary, and not less than 10 but not more than 20 members.

Arrest

• An arrest may be made at any time of the day and night.

Warrant

• An arrest can be made without a warrant if the crime was committed in the arresting officer's presence.
• An arrest can be made without a warrant if a crime was in fact committed and there is personal knowledge based on probable cause that the person about to be arrested has committed it.
• An arrest can be made without a warrant if the person to be arrested is an escapee.

Counsel

• Counsel de officio/Public Attorney's Office is counsel provided by the government to assist destitute litigants.

Process

• Subpoena is a process requiring a person to attend and testify and/or bring documents under their control at trial.

Anti Plunder

• Anti-Plunder Act" is R.A. 7080

DOJ Tasked Agency

• Public Attorney's Office is an attached agency of the DOJ tasked to provide free legal assistance to poor members of society.

Judicial Power

• Judicial Power applies the law to disputes to settle them.

Accusations

• A trial is the process or method whereby accusations are brought before the court to determine guilt.

Settlement

• Arbitration is the settlement of a dispute by someone chosen to hear both sides.

Prosecutes

• A Public Prosecutor prosecutes another for a crime in the government's name.

Court of Last Resort

• The Supreme Court is the "court of last resort".

Commissioner

• The Court of Tax Appeals was created under RA 1125 and has exclusive appellate jurisdiction to review Commissioner of Internal Revenue/Customs decisions.

Public Officials Court

• The Sandiganbayan court has jurisdiction over crimes committed by high-ranking public officials.

Jail/Prison

• Mittimus is a writ/order directing jail/prison authorities to the convicted offender to receive for service of sentence.

Branch

• Corrections is the criminal justice system branch in charge of custody, supervision, and rehabilitation of a convicted offender.

Temporary Confinement

• A Jail is a place for temporary confinement.
• The spanish word "jaula" and "caula" share relation to place of temporary confinement

Grace

• Parole is not an act of grace.

Serve Prison

• City prisoners serve a prison term of one day to three years or fines less than 6,000 but more than 200.

Imprisonment

• The Greco-Roman word "presidio" refers to prisons as institutions for the imprisonment of convicted offenders sentenced to more than three years.

Members Composed the Lupon

• The Lupon has 10 to 20 members.

Offenders

• Parole is granted to convicted offenders who have served a portion of their service.

Conciliation

• Lupon tagapagkasundo serves as the conciliation panel of three members.

Detention

• Lock-up jails are security facilities operated by police stations for temporary detention.

Motivation

• Good Conduct Time Allowance (GCTA) acts as a motivation granted by the Director of Prisons whereby days are deducted from the sentences of prisoners.

Correctional

• The Department of Justice is in charge of the National Penitentiary in the country's correctional institutions.

Self Defense

• Penalty is the suffering inflicted by the state for the transgression of the law.

Trial and Sentences

• The Provincial Government is subject to control and supervision from the BJMP on municipal jails.

Sentences

• Reintegration happens to inmates being released and able to mingle with the community.

Guilts

• Search is the examination of a person, house, papers, effects, or other buildings to discover contraband or evidence of guilt.

Establish

• This court was established by virtue of PD1083 is the Shari'a Court.

A Person for Detention

• A Commitment Order is a written order of a court/authority consigning a person to jail/prison for detention.

Corrections

• "Reinvention" is not a purpose of corrections.

Estabishment

• Leyte Regional Prison is a correctional institutions in Abuyog established in 1972.

Colonies

• Iwahig Penal Colony was established on November 16, 1904.

Prisoners

• San Ramon Prison and Penal Farm where Dr. Jose Rizal was incarcerated.

Agency

• The Bureau of Corrections oversees national offenders committed under the Department of Justice.

Imprisonment Jail

• A term of imprisonment of more than three (3) years shall not be served under the jails being managed by BJMP, the statement is considered false.

Control Jail

• The BUCOR exercises supervision and control over all district, city and municipal jail nationwide and was created by virtue of Republic Act 6975.

Detention

• Persons waiting for incarceration are not detention prisoners.

Reclusion or Incarceration

• Insular Prisoners are prisoners sentenced to 3 years 1 day to Reclusion Perpetua or Life Imprisonment.
• The Parole and Probation Administration is an attached agency of the DOJ which provides a less costly alternative to imprisonment of offenders.

Administrative

• Board of Pardons and Parole is the arm of the President of the Philippines.

###Created Act

• Act 4103 creates the Board of Indeterminate Sentence.

Service For Children

• DSWD renders services for Children in Conflict with the Law.

Liability

• A child over fifteen (15) years of at the time of the commission of the offense shall not be exempt from criminal liability the statement is considered false.

Welfare Acts

• RA 9344 is the Juvenile Justice and Welfare act.

Discernment

• Discernment is not applicable to those children whose age is over nine under fifteen under the Juvenile Justice Welfare Act the statement is false.

Period of Probation

• The period of Probation for the penalty imposed is more than a year is not to exceed six years the statement is true.

Entitled

• Probation is not a matter of right of every convicted person, the statement is considered false.

Security ACt

• RA 6981 is the Witness Protection and Security Act passed and approved on April 24, 1991.