Criminal Law and Procedure

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Questions and Answers

What is the fundamental principle in criminal law that assumes the accused is innocent until proven guilty?

Presumption of Innocence (correct)

Burden of Proof

Assumption of Guilt

Right Against Self-Incrimination

During the investigation stage, what is the accused referred to as?

Convict

Respondent

Suspect (correct)

Accused

What is the primary objective of the adversarial approach in the criminal justice system?

To protect the rights of the accused (correct)

To punish the guilty

To prove the guilt of the accused

To assume the innocence of the accused

What is the term used to describe a person who has been found guilty and has served their sentence?

Criminal Signup and view all the answers

Which approach assumes the accused is guilty and must prove their innocence?

Inquisitorial Approach Signup and view all the answers

What is the term used to describe the principle that the government must prove beyond reasonable doubt that the suspect committed the crime?

Burden of Proof Signup and view all the answers

What is the purpose of a preliminary investigation?

To determine whether there is sufficient ground to engender a well founded belief Signup and view all the answers

What is the term for the existence of facts and circumstances that would lead to the belief that the person charged is guilty?

Probable cause Signup and view all the answers

What is the term for the prudent use of judgment by the investigating fiscal or prosecutor?

Prosecutorial discretion Signup and view all the answers

What is the purpose of correction in the criminal justice system?

To supervise and rehabilitate criminal offenders Signup and view all the answers

What is the purpose of an inquest procedure?

To determine the legality of the arrest Signup and view all the answers

What is the term for the study of punishment of crime or criminal offenders?

PENOLOGY Signup and view all the answers

What is the term for the process of bringing accusations before a court of justice to determine the innocence or guilt of the accused?

Prosecution Signup and view all the answers

What is the term for an inmate who is convicted by final judgment?

PRISONER Signup and view all the answers

What is the term for the elevation of a decision of a lower body to a higher body for review?

APPEAL Signup and view all the answers

What is the term for a written order issued by a judge to search for personal property and bring it before the court?

Search warrant Signup and view all the answers

What is the term for the restoration of a person to a sound or fit condition?

REHABILITATION Signup and view all the answers

What is the classification of a prisoner who is sentenced to a prison term of three years and one day to death?

INSULAR/NATIONAL PRISONER Signup and view all the answers

What is the role of a Mediator in the process?

To facilitate an amicable settlement between the parties Signup and view all the answers

How long does theconciliation process typically take?

15 to 30 days Signup and view all the answers

Who appoints the Lupon Tagapamayapa members?

The Barangay Chairman Signup and view all the answers

What is the nature of Alternative Dispute Resolution?

Discretionary Signup and view all the answers

What is the maximum number of Lupon Tagapamayapa members?

20 Signup and view all the answers

What is the venue for Katarungang Pambarangay?

The barangay hall Signup and view all the answers

What is the term for the participation of the community in the detection and prevention of criminal activity?

Katarungang Pambarangay Signup and view all the answers

What is the law that established a system of amicably settling disputes at the barangay level?

RA 7160 Signup and view all the answers

What is the term for the person who filed the complaint against the respondent?

Complainant Signup and view all the answers

What is the purpose of Alternative Dispute Resolution (ADR)?

To resolve disputes without going to trial Signup and view all the answers

What is the role of an arbitrator?

To render an award Signup and view all the answers

What is the purpose of mediation?

To facilitate communication and negotiation Signup and view all the answers

Study Notes

Procedural Criminal Law

Refers to a statute that provides procedures for the enforcement of Substantive Criminal Law.

Principles of Criminal Law

"Presumption of Innocence": Accused are considered innocent until proven guilty.
"Burden of Proof": The government must prove beyond "reasonable doubt" that the suspect committed the crime.

Nomenclatures of Suspects

Suspect: At the police stage, during investigation.
Respondent: At the Prosecutor's office, during the determination of probable cause or during the Preliminary Investigation.
Accused: At the trial of the case, when a case has been filed in Court.
Convict: Once the Court has determined that the accused is guilty beyond reasonable doubt as charged and the judgement has been rendered.
Criminal: After undergoing all the process, when the person has served the sentence.

Philosophies behind the Criminal Justice System

Adversarial Approach: Assumes innocence, requires the prosecutor to prove guilt, and follows procedures to protect the rights of the accused.
Inquisitorial Approach: Assumes guilt, and the accused must prove innocence.

Police Roles

Prevention of crime
Crime detection
Crime investigation
Apprehension of suspect
Search and Seizure
Order maintenance
Enforcement of laws
Making charges
Traffic regulation
Police Operations:
- Entrapment
- Surveillance
- Intelligence
- Undercover
- Hot pursuit

Search Warrant

An order in writing issued in the name of the people, signed by the judge, and directed to the peace officer, commanding them to search for personal property and bring it before the court.

Criminal Investigation

An art that deals with the identity and location of the offender and provides evidence.

Discretion

The freedom to make a choice among possible courses of action.

Prosecution

The process or method whereby accusations are brought before a court of justice to determine the innocence or guilt of the accused.

Preliminary Investigation

An inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well-founded belief.

Probable Cause

The existence of facts and circumstances as would exile the belief that the person charged was guilty.

Inquest Procedure

An inquiry made by the prosecutor to determine the legality of the arrest.

Prosecutorial Discretion

The prudent use of judgement being exercised by the investigating fiscal or prosecutor.

Appeal

A statutory right granted to the accused or even the government in proper cases to seek remedy before an Appellate Court.

Correction Penoogy

The study of punishment of crime or of criminal offenders, including the study of control and prevention of crime through punishment.

Correction

A branch of the Criminal Justice System concerned with the custody, supervision, and rehabilitation of criminal offenders.

Rehabilitation

Derived from the Latin word "habilis", meaning "restore to sound operation" or "to establish the good reputation".

Prison and Jail

Prison: A detention facility for prisoners/detainees under the Bureau of Corrections.
Jail: A detention facility for prisoners/detainees under the Bureau of Jail Management and Penology.
Prisoner: An inmate who is convicted by final judgment.
Detainee: An inmate who is undergoing investigation/trial or awaiting trial/sentencing.

Classification of Prisoners

Insular/National Prisoner: One sentenced to a prison term of three years and one day to death.
Provincial Prisoner: One sentenced to a prison term of six months and one day to three years.

Community

The fifth stage in the criminal justice system, referring to the participation of the community in the detection and prevention of all forms of criminal activity.

Katarungang Pambarangay (Village Justice)

Brief History:
- PD 1293: Creating a Katarungang Pambarangay Commission to study the feasibility of resolving disputes at the Barangay level (promulgated on 27 January 1978).
- PD 1508: Establishing a system of amicably settling disputes at the Barangay level (promulgated on 1978).
- RA 7160: Otherwise known as the "Local Government Code of 1991", providing for the Revised Katarungang Pambarangay Law (enacted on 10 October 1991).

Alternative Dispute Resolution

RA 9285: Approved on April 2, 2004, providing for Alternative Dispute Resolution (ADR) procedures.

ADR Procedures

Arbitration: Resolving a dispute by rendering an award, conducted by an Arbitrator.
Mediation: Facilitating communication and negotiation, assisting parties in reaching a voluntary agreement, conducted by a Mediator.

Process

Complainant: Files the complaint against the respondent.
Cause of Action: An act or omission of one party in violation of the legal rights of another, which affords a party to a right to judicial intervention.
Process:
- Complainant files a complaint
- Summoning the respondent
- Amicable settlement (10 days)
- Conciliation (15 to 30 days)
- Lupon Tagapagkasundo (Pangkat Tagapagkasundo)
- Filing of action (Mtc. No. CFA, Certification to File Action)

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Description

This quiz covers the basics of criminal law, including the principles of presumption of innocence and burden of proof, as well as procedural aspects of criminal cases. It also touches on the different stages of criminal investigation and the roles of suspects and accused individuals.