CRIMINAL JUSTICE SYSTEM – The Interdependent actors and agencies, law enforcement

agencies, the courts, the correctional systems, and victim services at the local and national levels of
govt. that deal with the problem of crime.
Criminal – is a person convicted of a crime by a final judgment
Suspect – arrested for the commission of a crime and he is in the law enforcement stage.
Respondent – in the prosecution stage
Accused – in court
Criminal or Convict or Inmate – in correction
Ex-convict – in the community
Crime - is an act or omission punishable by law, forbidding or commanding it.
Felony – crime punishable by Revised Penal Code (3815)
Offense – crime punishable by special penal laws.
Misdemeanor or Violation or Obstruction of Ordinance – crime punishable by municipal or city
ordinances
Justice – is the act of rendering what are due or treating persons equally.
System – is a combination of related elements organized into a complex prevention and control of
crime.
Criminal Justice System – is the machinery which the society uses in prevention and control crime.
Law Enforcement –First component and pillar of the CJS. They are called the police, conducts arrest,
search seizures, etc. The prime mover or front liner of the CJS. (also BIR) They are the one who file
complaint.
Prosecution – conducts preliminary investigation to determine the existence of probable cause. The
one who file information.
Court – conducts trial to determine whether the accused is guilty or innocent of the charge. The
arbiter of Justice. The “cornerstone” or “centerpiece” of the CJS.
Correction– reforms and rehabilitates the offenders. This is known as the weakest pillar in CJS.
Community – molds persons from birth and reintegrates offender back to their home. This is the core
of the CJS.
Teodulo Natividad – introduced CJS in the Philippines
LAW ENFORCEMENT
Public Relation – is the act of bringing about better understanding , confidence, and acceptance of an
individual or an organization.
Police Community Relation – is defined as the sum total dealings of the police with the people it
serves and whose goodwill and cooperation it craves for to insure the greatest possible efficiency in
the public service.
Police Public Relation – is the continuing process by which endeavors are made to obtain the goodwill
and cooperation of the public for the effective enforcement of the law and the accomplishment of
police purpose.
Human Relation – consists of fundamental precepts, both moral and legal which governs the
relationship among men in all aspects of life.
Crime – Desire + Opportunity (to commit a crime) over Resistance (not to commit a crime)
Arrest – is the taking of a person into custody in order that he may bound to answer for the
commission of an offense.
Warrant of Arrest – is an order in writing issued in the name of People of the Philippines, signed by
the judge and directed to a peace officer, commanding him to arrest a person or persons stated
therein and deliver them before the court.
Inflagrante Delicto – caught in the act of committing a crime
Search Warrant - is an order in writing issued in the name of People of the Philippines, signed by the
judge and directed to a peace officer, commanding him to search for personal property described
therein and deliver them before the court.
Custodial Investigation – is any questioning initiated by law enforcement officers after a person has
been taken into custody of otherwise deprived of his freedom of action in any significant way.
Miranda Rights – Miranda vs. Arizona, Constitutional Rights of persons under investigation for the
commission of an offense.
Doctrine of the Fruit of the Poisonous Tree – any evidence illegally obtained is not admissible in any
proceeding.
Confession – direct acknowledgement of guilt.
Admission - indirect acknowledgement of guilt.
RA 7438 – An Act Defining certain rights of person arrested, detained, or under custodial investigation
as well as the duties of the arresting, detaining and investigating officers, and providing penalties for
violation thereof.
PROSECUTION
Inquest Proceeding - is a proceeding done by the inquest prosecutor to determine the validity of a
warrantless arrest.
Preliminary Investigation – is an inquiry held for the purpose of ascertaining whether or not probable
cause is present.
Probable Cause – is the existence of sufficient ground to engender well founded belief that a crime
has been committed and the respondent is probably guilty thereof.
RA 9344 – Juvenile Justice Welfare Act of 2006.
Complaint – is a sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public officer charged with the enforcement of the law
violated.
Information – is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed in court.
COURT
Judge – is an officer so named in his commission who presides in some court; a public officer,
appointed to preside to and administer the law in a court of justice.
Jurisdiction – is the power and authority to hear, try, and decide a case.
Certification Against Forum Shopping – the complainant, plaintiff, or principal party shall certify under
oath in his complaint or other initiatory pleading asserting a claim of relief.
Arraignment – is made in an open court by the judge or clerk furnishing the accused of the copy of the
complaint of information, reading the same in a language or dialect known to him, and asking him
whether he pleads guilty or not guilty.
Bail – is a security given for the release of a person in custody of the law, furnish by him or a
bondsman, to guarantee his appearance before any court as required under the conditions specified
by law.
Recognizance – is the release of the defendant on the custody of a responsible member of the
community who shall guarantee his appearance whenever required by the court.
Proof beyond Reasonable Doubt – is the degree of proof which produces conviction in an
unprejudiced mind.
Preponderance of Evidence – means that the testimony adduced by one side is more credible and
conclusive that the other.
Substantial Evidence – is the relevant evidence which the reasonable mind might accepts as
adequate to support a conclusion.
Quash – literally to put stop. It is the act of formally declaring that the law or a court’s verdict is invalid.
Trial – is the examination before a competent tribunal, according to the laws of the land, of the facts
and issue of the case, for the purpose of determining such issue.
Alibi – is an averment that the person was at another place for such a period of time that it was
impossible for him to have been at the place where the act was committed at the time of its
commission.
Judgment – is adjudication by the court that the accused is guilty or not guilty of the offense charged
and the imposition of him of the proper penalty and civil liability, if any.
Appeal – is a resort to a superior court to review the decision of an inferior court or administrative
agency.
CORRECTION
Prisoners – are those convicted by final judgment.
Detainees – are those undergoing investigation/trial, or awaiting trial/sentence.
Department of Justice – it holds the Bureau of Prisons
Old Bilibid Prison – at present Manila City Jail.
Bureau of Jail Management and Penology (BJMP) – administer at the city and municipal jails. It is
under the (DILG) Department of Interior and Local Government.
Provincial Jail – administer by Provincial Government
Prisons – administered by (BuCor) Bureau of Correction, deprived of their liberty for more than 3
years.
Jails – are housing persons who are deprived of their liberty for not more than 3 years.
Probation – is a disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and under the supervision of a probation officer.
Interlocutory Order – is one which does not finally determine a cause of action but only decides some
intervening matter pertaining to the cause.
Pardon – is an executive clemency granted by the President/Chief Executive. Pardoning Power of the
President
Amnesty – is an act of sovereign power granting oblivion or general pardon for a past offense usually
granted in favor of certain classes of persons who have committed crimes of political character, such
as character, such as treason, sedition, and rebellion.
Parole – is the suspension of sentence of a convict after having served the minimum sentence
imposed without granting pardon, prescribing the terms of the suspension.
Commutation – is an act of the President reducing the penalty of a convict.
Reprieve and Suspension – the temporary stay or postponement of sentence.
COMMUNITY
Community – is a group of persons living I a particular place.
Home – Cradle of human personality
Marriage – is a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. Is a social union or legal
contract between people that creates kinship.
School – is an institution or place for instruction or education.
Church – is the religious society founded and established by Jesus Christ to receive, preserve, and
propagate His doctrines and ordinances.
Government – is the organization, or agency through which a political unit exercises its authority,
controls and administers public policy, and directs and controls the actions of its members or subjects.
Criminal Justice System
Criminal Justice System - is the system of practices and institutions of governments directed
at upholding social control, deterring and mitigating crime or sanctioning those who violate
laws with criminal penalties and rehabilitation efforts.

Goals of Criminal Justice

1. to protect individuals and society

2. to reduce crime by bringing offenders to justice
3. to increase the security of the people

Criminal Justice System consists of three main parts

1. legislative - create laws

2. courts - adjudication
3. corrections - jail, prison, probation, parole

Participants of Criminal Justice System

1. police - first contact of offender since they investigate wrongdoing and makes arrest.
2. prosecution - proves the guilt or innocence of wrongdoers.
3. court - venue where disputes are settled and justice is administered.
4. correction - after accused is found guilty, he is put to jail or prison to be reformed.
5. community - where the convict after service of sentence comes back to be integrated to
be a productive member of society.

Community Policing - the system of allocating officers to particular areas so that they
become familiar with the local inhabitants.

Early History of Punishment

1. Early Greece and Rome
     a. most common state administered punishment was banishment and exile.
     b. economic punishment such as fins for such crime as assault on slave, arson, or house
breaking.
2. Middle 5th to 15th century
     a. blood feuds were the norm.
     b. law and government not responsible for conflict.
3. Post 11th century feudal periods
     a. fine system, punishment often consisted of payment to feudal lord.
     b. goals, public order and pacifying the injured.
     c. corporal punishment for poor who cannot pay.
4. 1500's
     a. urbanization and industrialization, use of torture and mutilation showed and punishment
began to be more monetary based.
     b. use of gallery slaves - ship-rowers.
     c. shipped inmates to american colonies
5. 1700's - early 1800's
     a. increase in prison population
     b. gap between rich and poor widens
     c. physicality of punishment increases

Goals of Punishment
1. General Deterrence - the state tries to convince potential criminals that the punishment they
face is certain, swift, and severe so that they will be afraid to commit an offense.
2. Specific Deterrence - convincing offenders that the pains of punishment is greater than the
benefits of crime so they will not repeat their criminal offending
3. Incapacitation - if dangerous criminals are kept behind bars, they will not be able to repeat
their illegal activities.
4. Retribution/Just Desert - punishment should be no more or less than the offender’s actions
deserve, it must be based on how blameworthy the person is.
5. Equity/Restitution - convicted criminals must pay back their victims for their loss, the
justice system for the costs of processing their case and society for any disruption they may
have caused.
6. Rehabilitation - if the proper treatment is applied, an offender will present no further threat
to society
7. Diversion - criminals are diverted into a community correctional program for treatment to
avoid stigma of incarceration. The convicted offender might be asked to make payments to the
crime victim or participate in a community-based program that features counseling.
8. Restorative Justice - repairs injuries suffered by the victim and the community while
insuring reintegration of the offender. Turn the justice system into a healing process rather
than a distributor of retribution and revenge.

3 Broad Categories of Crime

1. Sensational crime
2. Street Crime
3. Corporate Crime, White Collar Crime, and
    Organized Crime.

Sensational Crime - certain offenses are selected for their sensational nature and made into
national issues.Much of what we know about crime comes from the media.

Street Crime - includes a wide variety of acts both in public and private spaces including
interpersonal violence and property crime.

Justice - the quality of being just, fair and reasonable.

Rule of law - is a legal maxim whereby governmental decisions be made by applying known
legal principles.

Judge - a public officer who presides over court proceedings and hear and decide cases in a
court of law either alone or as part of a panel of judges.

Prosecutor - the person responsible for presenting the case  in a criminal trial against an
individual accused of breaking the law.

Law - is a system of rules of conduct established by the sovereign government of a society to

correct wrongs, maintain the stability of political and social authority and deliver justice.

Plaintiff - the person who brings a case against another in court of law.

Respondent - the defendant in a lawsuit.

Appellee - the respondent in a case appealed to a higher court.

Appellant - the party who appeals the decision of the lower court. A person who applies to a
higher court for a reversal of the decision of a lower court.

Stare Decisis - the legal principle of determining points in litigation according to precedent.

Latin for "to stand by that which is decided", general practice of adhering to previous
decisions when it makes new one.

Miranda Doctrine - criminal suspect has the right to remain silent which means they have the
right to refuse to answer questions from the police.They have the right to an attorney and if
they cannot afford an attorney, one will be provided for them at no charge.

Pro Bono - legal work done for free.

Writ - a form of written command in the name of the court or other legal authority to act or
abstain from acting in some way.

Subpoena - is a writ issued by a court authority to compel the attendance of a witness at a

judicial proceeding.

Summon - a legal document issued by a court or administrative agency of government

authoritatively or urgently call on someone to be present.

Discretion - the use of personal decision making and choice in carrying out operations in the
criminal justice system.

What is twelve table? Early Roman laws written around 450 BC which regulated family,
religious, and economic life.
What is the medical model of punishment?
- a view of corrections holding that convicted offenders are victims of their environment or
sick people who were suffering from some social malady that prevented them into valuable
members of society.

What is the difference between Indeterminate sentence and Determinate sentence?

1. Indeterminate sentence
    a. a term of incarceration with a stated minimum and maximum length. ex. 3-10years
    b. prisoner is eligible for parole after the minimum sentenced has been served.
    c. based on belief that sentences fit the criminal, indeterminate sentences allow
individualized sentences and provide for sentencing flexibility.
    d. judges can set a high minimum to override the purpose of the indeterminate sentence.
2. Determinate sentence
    a. a fixed term of incarceration ex. 3 years
    b. these sentences are felt by many to be restrictive for rehabilitative purposes.
    c. offenders know exactly how much time they have to serve.

Various Factors Shaping Length of Prison Terms

1. Legal Factors
    a. the severity of the offense
    b. the offenders prior criminal record
    c. whether the offender used violence
    d. whether the offender used weapons
    e. whether the crime was committed for money
2. Extra Legal Factors
    a. social class
    b. gender
    c. age
    d. victim characteristics

What are the institutions of socialization?

1. Family
2. Religion
3. Schools
4. Media

Family - is the primary institution of socialization in society.