2.1.criminal Justice System
2.1.criminal Justice System
2.1.criminal Justice System
SYSTEM
Prepared by:
SHELLA DEBBIE C. MANINGO , RCRIM,CCS,
MSCJ
BASIC CONCEPTS OF CRIMINAL
JUSTICE SYSTEM
Crime – it is an act or omission in violation of the criminal
law. (Sutherland and Cressey)
It is an act which is not in conformity with the accepted norms and
standards in a certain society. (Keeper)
An act committed or omitted in violation of a public law forbidding or
commanding it.
Criminal – principal character in the processes conducted by
5 pillars
- any person who has been found to
have committed a wrongful act in the course of the standard
judicial process
BASIC CONCEPTS OF CRIMINAL
JUSTICE SYSTEM
Criminal Law – Branch or division of law which defines crimes,
treats of their nature and provides for their punishment.
Justice – Principle of dealing with fairness; equality in the
application of law. The idea of giving each person his due as a
matter of right
System – A process; a coordinated body of method; organized
way of work.
Due Process – A law which hears before it condemns; which
proceeds upon inquiry, renders judgment after trial.
BASIC CONCEPTS OF CRIMINAL
JUSTICE SYSTEM
Judicial Confession – is one made before a committing
magistrate or in open court to an indictment or an information
when the accused is arraigned for trial.
Extra Judicial Confession – is one made elsewhere than
before a magistrate or in court.
Retributive justice - is a theory of justice that considers that
punishment, if proportionate, is a morally acceptable response to
crime, with an eye to the satisfaction and psychological benefits it
can bestow to the aggrieved party, its intimates and society.
BASIC CONCEPTS OF CRIMINAL
JUSTICE SYSTEM
Restorative Justice refers to the principle which requires a
process of resolving conflicts with the maximum involvement of
the victim, offender and the community
As to the Burden of Proof Places the burden to the accused Places the burden on the public
in proving his innocence prosecutor to proved the guilt of
the accused
DOJ Community
DOJ
BOC
CICL
LAW ENFORCEMENT PILLAR
Function of the Law Enforcement
Prosecution Attorneys
Preliminary Investigation
– An inquiry or proceeding conducted to determine whether
there is a sufficient ground to engender a well founded belief
that a crime has been committed and that the respondent is
probably guilty thereof and should be held for trial.
INQUEST
- An informal and summary investigation conducted by a public prosecutor
in criminal cases involving persons arrested and detained without the benefit of a
warrant issued by the court to determine whether or not the person remain under
custody
Duty of Inquest Officer When Arrest is NOT
Properly Effected
The role or participation of judges in the criminal justice system, actually, begins long
before the actual trial takes place.
The following activities attest to this role of the judges before trial:
Judges determine whether there is probable cause for the issuance of the warrant of arrest or
search warrant.
They determine whether the accused will be released on bail or the amount of bail to be posted.
They hear an rule on the motions made by the defense and the prosecutor before trial.
A. Jurisdiction
Define Jurisdiction.
Jurisdiction is the authority of the court to hear and try a particular offense
and to impose the punishment provided by law.
Define Venue.
Venue refers to the place, location or site where the case is to be hard on
its merits.
(a) Xxx
(b) Xxx
(c) Xxx
(d) Philippine Army and Air Force
Colonels, naval captain, and all
officers of higher rank;
(e) Officers of the PNP while
occupying the position of
provincial director and those
holding the rank of senior
superintendent or higher.
COURT OF APPEALS NONE From the decisions or judgments
of the RTC on:
Board of Pardons
and Parole
APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM
Community-based
- Comprises all correctional activities that take place outside the institution includes probation,
parole and other programs outside the prison walls
Institution-based
- Agencies and institutions responsible for maintaining physical custody pf an offender includes
juvenile halls, camps and prison
INSTITUTION-BASED APPROACH
OTHERS
BUREAU OF CORRECTIONS (BuCor)
- A part of the Department of Justice headed by a
Director under the Secretary of Justice, which is
tasked with the rehabilitation of prisoners, making
them productive members of the society upon their
release
7 Correctional Facilities Under the
Supervision and Control of the Bureau