BATAAN HEROES MEMORIAL

COLLEGE
Bataan Provincial Hwy, City of Balanga,
Bataan

Criminal Justice System

Submitted By:
Canuno, Brian T.
BsCrim 1-B

Submitted To:
Ma’am Nida B. Dacasin
Answer.

1. Judicial power rests with the Supreme Court and the lower courts, as
established by law. Its duty is to settle actual controversies involving
rights which are legally demandable and enforceable. The judiciary
enjoys fiscal autonomy. Its appropriation may not be reduced by the
Legislature below the appropriated amount the previous year.

2.A. Jurisdiction over a case - Once a court acquires jurisdiction over a

case, it also has the power to issue all auxiliary writs necessary to
maintain and exercise its jurisdiction, to the exclusion of all other
courts; once the Court of Tax Appeals acquired jurisdiction over
petitioner’s appeal, the Court of Appeals would have been precluded
from taking cognizance of the case.

B. Jurisdiction over the person of an accused is acquired - upon either

his apprehension, with or without warrant, or his submission to the
jurisdiction of the court. The provision does not determine, however,
the jurisdiction of our courts over the offenses therein enumerated.

C. A motion for reconsideration and new trial having been filed by

petitioner contesting the finding, made by the Court of Appeals, to the
effect that complainant was below 18 years of age at the time of the
occurrence, said Court 8 granted the motion, set aside its
aforementioned decision and remanded the case to the court a quo for
the reception of additional evidence on said issue.
3. Judges work in lower level courts, such as district court and circuit
court. Parties in those cases can appeal a judge's decision to justices in
higher courts. Justices operate differently than judges. Justices are
found on a state's Appeals Court and Supreme Court.

4. In criminal cases, where penalties will alter or perhaps even end the
defendant’s life, an objective referee is a vital necessity to ensure civil
rights and due process guaranteed in the Bill of Rights and those
enumerated in state constitutions. The trial judge should require that
every proceeding before him or her be conducted with unhurried and
quiet dignity and should aim to establish such physical surroundings as
are appropriate to the administration of justice. Imposition of
sentences is a judicial function to be performed by sentencing courts.
The function of sentencing courts is to impose a sentence upon each
offender that is appropriate to the offense and the offender. The jury’s
role in a criminal trial should not extend to determination of the
appropriate sentence.

5. A judge is a person who presides over court proceedings, either

alone or as a part of a panel of judges. The powers, functions, method
of appointment, discipline, and training of judges vary widely across ...
as Judge. Before 1991 these judges were known as District Justices and
addressed as Your Worship

6. Judicial discretion is the power of the judiciary to make some legal

decisions according to their discretion. Under the doctrine of the
separation of powers, the ability of judges to exercise discretion is an
aspect of judicial independence. Where appropriate, judicial discretion
allows a judge to decide a legal case or matter within a range of
possible decisions.

7. Supreme Court justices, court of appeals judges, and district court

judges are nominated by the President and confirmed by the United
States Senate, as stated in the Constitution. ... Article III of the
Constitution states that these judicial officers are appointed for a life
term.

8. The motion to quash shall be in writing, signed by the accused

or his counsel and shall distinctly specify its factual and legal
grounds. The court shall consider no ground other than those
stated in the motion, except lack of jurisdiction over the offense
charged.

9. Arraignment is a formal reading of a criminal charging document in

the presence of the defendant to inform the defendant of the charges
against the defendant. In response to arraignment, the accused is
expected to enter a plea. Acceptable pleas vary among jurisdictions, but
they generally include "guilty", "not guilty", and the peremptory pleas
or pleas in bar setting out reasons why a trial cannot proceed. Pleas of
"nolo contendere" no contest and the "Alford plea" are allowed in
some circumstances.
1.It must inform the defendant that he has a right to an attorney
before being arraigned.
2. After informing him, the court must ask the defendant if he desires
to have the aid of an attorney.

3. If he desires and is unable to employ an attorney, the court must

assign an attorney de officio to defend him.
4. If the accused desires to procure an attorney of his own, the court
must grant him a reasonable time to procure one.

10. The arraignment and the pre-trial if the accused pleads not guilty to
the crime. or for a bill of particulars, or other causes justifying
suspension of arraignment shall be. of delay resulting from the absence
or unavailability of an essential witness. are known but his presence for
trial cannot be obtained by due diligence.

11. Plea of guilty to a lesser offense at arraignment, the accused, with

the consent of the offended party and prosecutor, may be allowed by
the trial court to plead guilty to a lesser offense which is necessarily
included in the offense charged. After arraignment but before trial,
the accused may still be allowed to plead guilty to said lesser offense
after withdrawing his plea of not guilty. No amendment of the
complaint or information is necessary.

12. The concept of the plea is one of the major differences between
criminal procedure under common law and procedure under the civil
law system. Under common law, a defendant who pleads guilty is
automatically convicted and the remainder of the trial is used to
determine the sentence. This produces a system known as plea
bargaining, in which defendants may plead guilty in exchange for a
more lenient punishment. In civil law jurisdictions, a confession by the
defendant is treated like any other piece of evidence, and a full
confession does not prevent a full trial from occurring or relieve the
prosecutor from having to present a case to the court.

13. Judges use pre-trial conferences with lawyers for many purposes.
One type of conference gaining popularity is the status conference
sometimes called the early conference. This conference held after all
initial pleadings have been filed helps the judge manage the case.
Judges use it to establish a time frame for concluding all pre-trial
activities and may set a tentative trial date at this time.

14. Continuous Trial System In no case shall the entire trial period
exceed 180 days from the first day of trial, except as otherwise
authorized by the Supreme Court. The trial is perhaps the best-known
part of the criminal process, but it is only one of many stages of a
criminal case.