Criminal Justice System.docx

**[Criminal Justice System]** - The state response to crime. A "**system**" is an [interactive], [interrelated], [interdependent] group of elements performing related functions that make up a complex whole. **Summary of the Philippine Criminal Justice System** Derived from **American Criminal Jus...

**[Criminal Justice System]** - The state response to crime. A "**system**" is an [interactive], [interrelated], [interdependent] group of elements performing related functions that make up a complex whole. **Summary of the Philippine Criminal Justice System** Derived from **American Criminal Justice** comprised of three elements: 1. The **Police** or **Law Enforcer** will [initiate criminal justice process] by **conducting criminal apprehension or arrest.** 2. The **Courts** will [conduct the judicial proceedings] for the **determination of guilt or innocence** of the person arrested. 3. Upon conviction, the [convict is remanded] to C**orrectional Institution** for **rehabilitation.** **The Five Components of Philippine Criminal Justice System** **aka. Five Pillars of Philippine Criminal Justice System:** 1. **Police/Law Enforcement** 2. **Prosecution** 3. **Courts** 4. **Correctional** 5. **Community** 1. Considered as the **initiator or prime mover** of the system. The arrest of the suspect may be with a [warrant of arrest] duly [issued by a **judge**] or by [warrantless arrest]. **(Rule 113, Revised Rules of Court)** **\*Warrantless arrest is valid if the suspect is under HOT PURSUIT or IN FLAGRANTE DELICTO (Caught in the Act)** 2. [Formerly known] as the **Fiscal** will **conduct Preliminary Investigation for the determination of probable cause** that may warrant trial before a Judicial Court **(Rule 112, Section 1).** 3. The **Court** having the **Jurisdiction** of the case will schedule the **[Arraignment]** for the accused to enter his plea. The [accused may file a motion] to **[Quash]** complaint or information under **Rule 117, Section 1 of the Revised Rules of Court** at any time before entering his plea on any grounds **under Section 3 of the same rule.** If the motion to [Quash] is based on an alleged defect in the complaint of information which [can be cured by amendment], the court shall order that an amendment should be made. The motion shall be granted if the [prosecution] fails to make the amendment, or the complaint or information still suffers from the same despite the amendment. **(Section 4, Rule 117)** After the **Pre-Trial**, the court issues an order reciting what has been taken, and thereafter the **[trial on the merits]** will proceed **(Rule 119**) on the matters not disposed of during the Pre-Trial. Upon **Trial on the merits**, adjudication by the court that the accused is guilty or not guilty of the offense charged and the **imposition of the proper penalty and civil liability.** If the accused is convicted by the trial court, he may or may not file an appeal to the next higher court exercising **Appellate Jurisdiction.** Upon **[Arraignment]** and plea of the accused, a **mandatory Pre-Trial conference** **under rule 118 will commend to take up the following matters:** a. b. c. d. e. f. 4. **Correction** will now come in **place after judgement of conviction.** **Correction of Rehabilitation** is divided into Two approaches: 1. 2. When the accused is sentenced to serve **not more than Six years of imprisonment**, he may file an application for **Probation** with the same court he rendered conviction against him under **Presidential Decree 968.** The court will consider the post sentence investigation before the approval or disapproval of the same application. If the application is approve, the [convict will be placed under the supervision] of the **Probation Officer.** The **President of the Philippines** may also intervene in the exercise of his power of **Executive Clemency** by granting either **Absolute** or **Conditional Pardon** to the convict. **(1987 Constitution)** Another **community-based correction program** may be availed by the convict known as **Parole.** The [convict] needs to **serve at least the minimum of his indeterminate sentence in prison** before he may be qualified under this program. If the convict does not qualify for Non-Institutional Corrections, he will serve his sentence in a Correctional Institution, there are **two Bureaus handling institutional corrections**, the **Bureau of Correction (BuCor)** and the **Bureau of Jail Management and Penology (BJMP).** Those convicted of **not more than Three years of imprisonment** will be placed in jail under the **BJMP** Those convicted with **more than Three years of imprisonment** will be rehabilitated in a correctional institution under the **BuCor.** After service of sentence, the convict is now reformed and fit to be released to the community as a **law abiding citizen.** 5. The **Community** **plays a critical role in the criminal justice system** by engaging in [crime prevention], [promoting public safety], and [supporting rehabilitation efforts]. **Community involvement** can [enhance cooperation with law enforcement] and [contribute to overall societal well-being.] **Criminal Justice System, Defined** A **Social Institution** and a **System**. As a Social Institution, the System attempts to meet the society's needs for law and order. **Philippine Criminal Justice System** is a process which the government follows when someone violates criminal law. **The absence of Community will paralyze the whole system.** **Criminal Justice System** likewise defined as the **machinery of the sate of government,** which [enforces the rules of conduct] necessary to protect life and property and maintain peace and order. **Attributes of Philippine Criminal Justice System:** **The Characteristics of Criminal Justice System of the Philippines are the following:** 1. 2. 3. 4. **The Criminal Justice System and The Philippine Constitution (1987 Constitution)** 1. **Article II, Section 5 - General Welfare** **The maintenance of peace and order, the protection of life liberty and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.** 2. **Article II, Section 11 - Values the Dignity of Every Human Person / Right for Human Rights** **The state values the dignity of every human person and guarantees full respect for human rights.** 3. **Article III, Section 1 Equal Protection of the Laws / Must Have Due Process of Law** **No person shall be deprived of life liberty or property without dues process of law, nor shall any person be denied the equal protection of the laws.** 4. **Article III, Section 2 - The Right Against Unreasonable Searches** **The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be search and the persons or things to be seized.** 5. **Article III, Section 11 - Free Access to the Courts (Public Attorney Office)** **Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reasons of poverty.** 6. **Article III, Section 12** 1. **Right to be Informed of his Right to Remain Silent / Right to Attorney** **Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of the counsel.** 2. **No Torture, Force, Violence, Threat, Intimidation, or any other means** **No torture. force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.** 3. **Invalid ang confession pag involved ang proseso ng (2)** **Any confession of admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.** 4. **Makakasuhan ang nangtorture** **The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.** 7. **Article III, Section 13 - Bail Allowed, Hindi Kasama ang Reclusion Perpetua** **All persons, except those charged with offenses punishable by reclusion perpetua, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the write of habeas corpus is suspended. Excessive bail is not required.** 8. **Article III, Section 14** 1. **No person shall be held to answer for a criminal offense without due process of law.** 2. **Innocent Until Contrary** **In all criminal prosecution, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed not withstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.** 9. **Article III, Section 16 - Speedy Disposition of Cases** **All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.** 10. **Article III, Section 17 - No Self Incrimination** **No person shall be compelled to be a witness against himself.** 11. **Article III, Section 19** 1. **No Excessive Fines Shall be Imposed** **Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.** 2. **No Inhumane Treatment** **The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.** 12. **Article III, Section 21 - Pag lumabag ng parehas na batas sa dalawang magkaibang lugar, it shall be combined to one.** **No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.** 13. **Article III, Section 22 - Bawal ang Parusa sa Ginawang Action na Nangyari Bago Maisulat sa Batas.** **No ex post facto law or bill of attainder shall be enacted.** **The law is prospective in nature and always looks forward.** **A Justice delayed is a justice denied.** **Purposes of Criminal Justice System** **The Philippine Criminal Justice System may be classified into two: Primary; and Secondary or sub-purposes** 1. a. b. 2. a. b. c. d. e. f. **Distinctions between Criminology and Criminal Justice** Criminology and Criminal justice is different from each other. The known **American Sociologist Edwin Sutherland** described criminology as **\"the entire body of knowledge regarding crime as a social phenomenon, it includes within its scope the process of making of laws, of breaking of laws, and society's reaction toward the breaking of laws."** The **objective of criminology** is for the development of a body of general and verified principles and of other types of knowledge regarding this process of law, crime and treatment of prevention. **Criminal justice** refers to **the study of the processes involved in a system of justice** Criminology often includes the study of the criminal justice system, but the criminologist may focus more on theoretical investigations, such as who breaks the law, why do people breaks the law, why do people not break the law, what motivates law breaking, and what discourages law breaking. According to **Professor** **James A. Fagin** **of East Stroudsburg University of Pennsylvania**, Criminology can be included in the study that criminal justice. Because the academic discipline of sociology preceded that of criminal justice, the sociology departments of many colleges and universities offer criminology classes, even when the institution has a criminal justice major. It is not uncommon for sociology departments to distinguish between the study of criminology and the study of criminal justice. However, many different scientific, professional, and academic disciplines contribute to the study of criminal justice, and these include biology, chemistry, criminology, forensics, law, medical science, neurology, political science, psychiatry, psychology, public administration and sociology. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ **CRIMINOLOGY** **CRIMINAL JUSTICE SYSTEM** **Criminology tends to focus on the determination and development of principles, concepts, and theories of crime causation.** **Criminal Justice tends to focus on the legal process on how to deal with criminal offender.** **Criminology explains the etiology, extent and nature of crime in the society.** **Criminal Justice studies the agencies of Social Control that handles criminal offenders.** **Criminology tends to focus on research.** **Criminal Justice tends to focus on the application, public law, public policy, and decision making, and career development.** **Criminologist are concerned with identifying the nature, extent and cause of crime.** **Criminal Justice Professionals are engaged in describing, analyzing, and explaining the operations of agencies of justice (the five pillars of PCJS). They seek more effective methods of crime control and offender rehabilitation.** **Both Criminology and Criminal Justice are eclectic disciplines that borrow researches and theories from other related disciplines. Some of the earliest criminologists were medical doctors and psychiatrists, while many influential criminologists of the twentieth century were sociologist.** ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ **Adult Criminal Justice and Juvenile Justice Distinguished** **Person below the age of 18 who committed a crime is process under REPUBLIC ACT NO. 9344 or the JUVENILE JUSTICE and WELFARE ACT of 2006.** **Person in the age of 18 and above must prosecute in accordance with the REVISED RULES OF COURT promulgated by the SUPREME COURT in the exercise of its rule making power under the constitution.** **The Juvenile justice gives more emphasis to the importance of rehabilitation and adherence to restorative justice rather than punishment and retribution** **The Juvenile Justice System has specialized court, the family court, which is a Regional Trial Court designated by the Supreme Court to handle family related cases including juvenile cases.** **The juvenile will not be subjected to arrest but a different approach in taking a child into police custody such as a procedure for initial contact with the child.** **The Women and Children's Protection Desk (WCPD) officer will be the one who will investigate the Child in Conflict with the Law (CICL) cases for proper disposition under the laws and procedure.** ----------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------- **ADULT CJS** **JUVENILE CJS** **Subject of the Process** **Depending upon which level of the system such as Suspect, Respondent, Accused Convict, Inmate, Probationer and another** **Always refer to as Child in Conflict with the Law (CICL)** **Law/Rules Applied** **Particular Penal Law violated such as RPC; Revised Rules of Court** **RA 9344 as amended. Rules on Juvenile in Conflict with the Law** **Trial Court** **Regular Courts** **Family Court** **State Policy** **Exercise of Police Power** **Parens Patriae; Best Interest of the Child** **Both Adheres to the Principles of Restorative Justice** ----------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------- **The two models in the administration of Justice** **According to Packer (1993), there are two models in the administration of criminal justice which may be differentiated as follows:** 1. **Crime Control Model - The administration of criminal justice must be** **concentrated in efficiency through increased capacity to apprehend, try, convict and giving emphasis on speed and finality of cases in dealing with those accused of crime.** **The Failure of the police and other agencies of the justice system to bring the criminal conduct under control will result to the breakdown of the public order, and disappearance of social order, which is an important condition of human freedom justified this model.** 2. **Due Process Model - The primary consideration of this model is to protect the rights of the accused, the individual freedoms and the general consideration of liberty, the basic right of an individual. However, this may be resulted to delay in the administration of justice** --------------------------------------------------- --------------------------------------------------------------------------------------- **Crime Control Model** **Due Process Model** **Concentrated on the crime solution efficiency** **The constitutional and statutory rights of the accused are given much protection.** --------------------------------------------------- --------------------------------------------------------------------------------------- **Comparative Criminal Justice System** **The comparative study of criminal justice systems offers the possibility of gaining new insights and new solutions.** **The study of such criminal justice system worldwide offers a great opportunity for us to consider the adoption of different policies, rules and procedures which can be applicable in our local setting.** **Studying the criminal justice system of a particular country is a must for our government to extend its assistance to its own citizens locally, and inside foreign countries.** **Criminal Justice In International Perspective** **Each state has its own criminal justice system, but it is obvious that there must be some means by which countries may collaborate in the prosecuting of offenders.** **There are four primary cooperative efforts among nations to deal with the problem of international crime:** **1.The United Nations (UN);** **2. International Court of Justice (ICJ) which is likewise under the United Nations;** **3. International Police Association (INTERPOL);** **4. and the International Criminal Court (ICC)** **The UN is involved in numerous international missions, including criminal justice, but does not have legitimate authority within the borders of a nation without the invitation and cooperation of the host nation. The criminal Justice mission of the UN involves FOUR PRIMARY GOALS TO WIT:** 1. **The United Nations World Crime Surveys gather data from members states for the purpose of providing a snapshot of comparative criminal activity.** 2. **In countries in which the domestic police are no longer able to perform their duties or in which domestic police do not exist;** 3. **The UN encourages member nations to focus on the problems of crime, links governments for innovative and cooperative solutions, and promotes regional and international agreements to strengthen international cooperation in crime prevention. The UN plays an important role in preventing crimes involving transnational terrorism, human and drug trafficking; and finally** 4. **Through resolutions such as the International Bill of Human Rights and Standard Minimum Rules for the Treatment of Prisoners, the UN has worked to secure fair and just treatment of the accused by the criminal justice system of the world.** **The International Court of Justice (ICJ), aka. World Court, is the primary judicial organ of the United Nations. It is based in the Peace Palace in the Hague, the Netherlands. Its main functions are to settle legal disputes submitted to it by states and to provide advisory opinions on legal questions submitted to it by duly authorized international organs, agencies, and the UN General Assembly. Established in 1945 by the UN Charter, the Court began to Function in 1946 as the successor to the Permanent Court of International Justice. The Statute of the International Court of Justice is the main constitutional document constituting and regulating the court.** 5. **The INTERPOL was initially formed in 1914, this association had no significant presence in the international criminal justice UNTIL WORLD WAR 2, when it becomes a clearinghouse for information on offenses and suspects believed to operate across national boundaries, especially in cases of international terrorism and drug trafficking** **The International Criminal Court (ICC) is another effort of the international community for criminal justice.** **On July 17,1998, the Rome Statute, the founding treaty of ICC was adopted with 120 countries in support, 7 opposed (including China, Iraq, Israel, Qatar, and the United States) and 21 states abstaining. The ICC is the world's first permanent, independent court to try crimes against humanity, genocide and war crimes.** **The International Community considered July 17, 1998 as International Justice Day**