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Questions and Answers
What is the primary function of the PNP under the constitution?
What is the term referred to the selective enforcement of criminal law by the police for various reasons?
What is the machinery of the state or government that enforces the rules of conduct necessary to protect life and property and maintain peace and order?
What is the branch of public law that defines crimes, treats of their nature and provides for their punishment?
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What is the system of law enforcement, adjudication and correction that is directly involved in the apprehension?
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What is the term referred to the operation that involves managing minor offenses and neighborhood disorders in order to address community problems?
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What is the first component of the justice system to deal with the commission of the crime?
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What is the act that established the PNP?
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What is the primary function of the Prosecution under the Department of Justice?
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Which of the following officers is authorized to conduct a preliminary investigation?
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What is the purpose of bail bonds?
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What is the primary role of a Judge in a criminal case?
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What is the term for the authority of a court to hear and try a particular offense?
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What is the special court that has jurisdiction over cases involving graft and corrupt practices?
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What is the next step in the criminal process after the accused pleads not guilty at the arraignment?
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What is the highest court in the Philippines that exercises original jurisdiction?
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Study Notes
Criminal Justice System
- The criminal justice system is defined as a machinery of the state or government that enforces the rules of conduct necessary to protect life and property and maintain peace and order.
Criminal Justice
- Criminal justice refers to the system of law enforcement, adjudication, and correction that is directly involved in the apprehension.
Crime
- Crime refers to an event that calls for the operation of the criminal justice system.
- It is a violation of societal rules of behavior as interpreted and expressed by a criminal legal code.
Criminal Law
- Criminal law is defined as that branch of public law that defines crimes, treats of their nature, and provides for their punishment.
Five Pillars of the Philippine Criminal Justice System
- The five pillars are:
- Law Enforcement
- Prosecution
- Court
- Corrections
- Community
Law Enforcement
- Law enforcement is considered the "initiator" or the "prime-mover" of the Criminal Justice System.
- The Philippine National Police (PNP) under the Department of the Interior and Local Government (DILG) and the National Bureau of Investigation (NBI) under the Department of Justice (DOJ) are responsible for law enforcement.
- The PNP is the government agency that has the primary mandate to perform the police function under the constitution.
- The PNP was established by the enactment of R.A. 6975, also known as the DILG Act of 1990.
- The reorganization of the PNP was done by virtue of the enactment of R.A. 8551, also known as the "Philippine National Police Reform Act of 1998".
- The PNP was established in January 1991.
Order Maintenance
- Order maintenance involves managing minor offenses and neighborhood disorders in order to address community problems.
Police
- The police are the first component of the justice system to deal with the commission of a crime.
- Buy-bust operation is also known as a form of "entrapment".
- Rationing refers to when the police selectively enforce criminal law for various reasons.
Prosecution
- The prosecution is under the DOJ, and the Public Attorney's Office (PAO) is under the DOJ.
- Prosecution simply pertains to a "criminal action".
- Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief.
- The following are the officers authorized to conduct preliminary investigation:
- Provincial or City Prosecutor and their assistants
- National and Regional State Prosecutor
- Other officers as may be authorized by law
Bail
- Bail is the security given for the release of the person in the custody of the law, furnished by him or the bondsman, to guarantee his appearance before any court as required under the conditions as specified.
- Bail bonds are essentially an extension of the principle that all suspects are innocent until proven guilty.
- The following are the kinds of bail bond:
- Property
- Cash
- Corporate Surety
- Recognizance
- Bail bond agents charge a fee of 10-20% of the total bail.
Court
- The judge is the person authorized by the law to give the final judgment.
- The regular civil courts are the courts that handle criminal cases.
- Jurisdiction is the authority of the court to hear and try a particular offense and to impose the punishment provided by the law.
- Venue refers to the place, location, or site where the case is to be heard on its merits.
- Shari'a District & Circuit Courts were established in certain provinces in Mindanao where the Muslim Code on Personal Laws is being enforced.
- Regional Trial Courts, also known as Second Level Courts, were established among the thirteen Judicial regions in the Philippines.
- Sandiganbayan has jurisdiction over criminal and civil cases involving graft and corrupt practices and such other offenses committed by public officers and employees.
Judiciary
- The Court of Appeals was established on February 1, 1936.
- The Court of Appeals is composed of one presiding justice and 68 associate justices.
- The Supreme Court exercises original jurisdiction.
- Arraignment is where the court formally charges the person who abused you with the crime.
- Pre-trial is when the accused pleads not guilty at the arraignment.
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Description
This quiz covers the basics of the criminal justice system, including its definition, components, and the concept of crime. It explores the system's role in maintaining peace and order.
