UNIT I

INTRODUCTION TO CRIMINAL JUSTICE SYSTEM

Specific Objectives: At the end of the unit, the students should be able to:
1. explain the Concept of the Philippine Criminals Justice System;
2. evaluate and analyze the course of the criminal justice system;
3. enumerate the components of the criminal justice system; and
4. describe the criminal justice system as a whole.

INTRODUCTION

Criminal Justice System is the machinery used by the society to prevent and control crime. It is a
tool of a Democratic Government to protect the society against criminality and other peace and order
problem.

In theory, Criminal Justice System is an integrated apparatus that is concerned with the following:

apprehension,
prosecution,
trial,
conviction,
sentencing and
rehabilitating or correcting criminal offenders.

The process is the totality of the activities of law enforcers, prosecutors, defense lawyers, judges
and correctional institutions, as well as those of mobilized community in crime prevention and control.

Basically, the Criminal Justice System in the American context is initially made up of three key
components – the police, the court and the corrections.

Criminal Justice System in the Philippines was expanded to achieve its objectives – prevention
and control of crimes.

DEFINITION OF TERMS

Crime
It is an act or omission punishable by law.

Act
Any bodily movement tending to produce some effect.

Omission
It refers to the failure to perform a specified act.

Criminal Law
A branch of law that defines crimes, treats of their nature and provides for their punishment.

Types of Crime

1. Felony
Any act punishable by the Revised Penal Code of the Philippines.

2. Offense
Any act punishable by Special Penal Laws.
 3. Misdemeanor or Delinquency
Any act which is in violation of simple rules and regulations.

Features of Criminal Law

1. Politicality
Laws are constructed by political authorities.
2. Specificity
Précised in stating what must be done.
3. Uniformity
Equal to all persons.
4. Penal Sanction
Provides punishment.

Characteristics of Criminal Law

1. Generality
Penal law is binding to all persons sojourning in the Philippines.

2. Territoriality
Penal law is applicable to all the crimes committed within the Philippine territory.

3. Prospectivity
Penal law cannot be applied retroactively. Penal law cannot make an act punishable in a
manner in which it was not punishable when committed.

Criminal

A person convicted by a competent court in violation of the criminal law.

 A person can be considered a criminal under the following circumstances:

1. He must have committed a crime.

2. He must have been apprehended and investigated by the police.
3. By virtue of sufficient physical evidence and testimonies of witnesses, he must have been
arrested.
4. Due to the presence of prima facie evidence, the case was remanded to the court by the
prosecutor for trial.
5. There was arraignment.
6. There was trial.
7. The offender was found guilty.
8. A sentence was rendered by the court.
9. The convict was confined in prison.
10. The convict has fully served his sentence in prison.

Suspect
It refers to a person who allegedly committed a crime. It is a term used to refer to a person who
is undergoing criminal investigation.

Accused
A person who was formally charged in court for the commission of an offense.

Victim
Forgotten person in the Criminal Justice System.

Justice
 It connotes equality in the application of laws. According to the Supreme Court of the
Philippines, justice is symbolically represented by a blindfolded woman, holding with one hand a
sword and with the other, a balance, meaning thereby that it is administered without respect to
persons, equally to the poor and the rich.

System
It refers to the orderly combination or arrangement, as of parts or elements, into a whole;
specifically, such combination according to some rational principle; any methodical arrangement
of parts.

Criminal Justice System

A machinery used by the government to prevent and control crimes.

Goals of CJS
1. Prevention of crime.
2. Protect members of society against crime.
3. Maintain peace and order.
4. Suppression of criminality.
5. Review the legality of existing rules and regulations.
6. Rehabilitation and reformation of offenders.

“VISION OF THE CRIMINAL JUSTICE SYSTEM”

CJS VISON is for a safe, peaceful, and progressive Philippines through partnership and shared
responsibility in attaining peace and order.

LAW ENFORCEMENT
Well-coordinated, professional, dynamic and highly motivated law enforcers in partnership with
the community for a safe, peaceful and progressive Philippines.

PROSECUTION
A maximized prosecutorial capability to reduce criminality for a peaceful and progressive
Philippine society.

COURTS
A court system which is truly independent, just and speedy to the end that no innocent person is
convicted and no guilty man is acquitted.

CORRECTIONS
A correctional system that is modern, humane, responsive and integrated.

COMMUNITY
A united proactive community working for peace and order in partnership with the other pillars of
the criminal justice system.

“MISSION OF THE CRIMINAL JUSTICE SYSTEM”

The CJS MISSION is to promote peace and order through active community involvement and fair
and dispensation of justice.

LAW ENFORCEMENT
To enforce the law, prevent and control crime, maintain peace and order, and ensure public
safety and internal security with the active participation of the community.

PROSECUTION
 To provide a highly professionalize, properly motivated and people-oriented prosecution service
to conduct preliminary of complaints and prosecute criminal actions to ensure fair, speedy and
inexpensive prosecution of cases.

COURTS
To promote respect for and obedience to the Rule of Law through proper and efficient
administration of justice.

CORRECTION
To rehabilitate and reintegrate offenders into the mainstream of society and uphold their human
rights and dignity through speedy legal and administrative processes and provision of scientific
and spiritual programs.

COMMUNITY
To mobilize key sectors of the community in an integrated plan of action to combat crime and
promote peace, order and justice.

Components of the Criminal Justice System

I. American Concept
1. Law Enforcement
2. Court
3. Correction

II. Philippine Concept

1. Law Enforcement
2. Prosecution
3. Court
4. Correction
5. Community

“CRIMINAL JUSTICE PROCESS”

Criminal justice is a process of selection.

Not every crime that is committed is reported to the police;
Not every crime reported to the police results in an arrest;
Not every arrest results in a prosecution;
Not every prosecution results in a conviction;
And not every conviction results in a prison sentence.
In other words, criminal justice is a process whereby individuals are sifted and sorted out at
various decision points within the system.

During the processing of the offender, there is a great deal of “slippage” within the system at
various decision points in the process. A major characteristic of the administration of criminal justice is
the discretion that exists at each critical decision stage in the system. The criminal justice system
operates like a complex filter, screening out offenders at various points.

At the beginning of the process, we have a very heterogeneous group of people, since just
about everyone commits some act that could be considered a “social harm”. However, very few of these
acts come to the attention of the police. Of those that do come to the attention of the police, only a small
percentage (less than 20 percent) results in an arrest. Even of those arrested, many are never charged
with a crime or “booked”.
 As we proceed through the stages of the CJS, we see that the number of people involved as
accused is further reduced. Also, and more importantly, the kinds of people involved become more and
more homogenous.

For instance, they become more alike in terms of the following:

age (younger),
sex (more are males),
social class (increasing numbers of lower - and working-class people),
offense (more and more “index” offenses, especially property offenses such as theft and
robbery),
And more and more with previous experiences with the criminal justice system.

When we arrive at the last stage, the prison populations, we have the most homogenous
grouping in which the vast majority are poor, unskilled, uneducated, and well experienced in crime and
have had much contact with the criminal justice system.

PROGRESS CHECK (basics)

For your answer sheet use short bond paper with half inch margin all sides. Don’t forget to write
your NAME, SECTION and the subject at the top of your answersheet. Please write legibly. Send
all your answer sheet on my gmail account mariajobellerumbaoa@gmail.com. written or encode
are accepted.

1. Search for the definition of

apprehension,
prosecution,
trial,
conviction,
sentencing and
rehabilitation

2. Who are the concerned persons/ personnel’s involved in the different pillars of the Criminal Justice
System and what are their specific role to accomplish their job?

Law Enforcement-

Prosecution-

Court-

Correction-

Community-
3. Imagine in our current situation, does the implementation of the Criminal Justice System in the
Philippines helped in the maintenance of the peace and order, or will it be better to remove the system
and let the people make their own rules. Explain your answers comprehensively.
 UNIT II

THE LAW ENFORCEMENT PILLAR

Specific Objectives: At the end of the unit, the students should be able to:

1. trace the development of law enforcement;

2. explain the exercise of discretion and its control;
3. expound the powers and functions of the police force; and
4. evaluate the image of the police force;
5. explain police tasks;

LAW ENFORCEMENT

It is considered as the prime mover of the Criminal Justice System. Law enforcement is a
deterrent and preventive activity.

It consists of patrolling to supervise conduct, investigating to identify offenders and/or recover

stolen or missing property, warning or arresting those who are probably guilty of criminal behavior, and
assisting in the prosecution and trial of offenders. Its goals are aimed towards the prevention and
disorder, preservation of peace, and the protection of life, properties and individual freedom.

The Police (Law Enforcement) stand at the forefront of the Criminal Justice System. Law
Enforcement is a deterrent and preventive activity. It consists of patrolling to supervise conduct,
investigating to identify offenders and or recover stolen or missing property, warning or arresting those
who are probably guilty of criminal behavior, and assisting in the prosecution and trial of offenders.
Its goals are aimed towards the prevention of crime and disorder, preservation of peace, and the
protection of life, properties and individual freedom.

A large number of government agencies are involved in law enforcement one way or another.
The kind and degree of involvement vary from general and specific law enforcement to enforcing
standards and regulation pertaining to particular government activities.

In the Philippines, the law enforcement function is spearheaded by the Philippine National
Police (PNP), the Department of the Interior and Local Government (DILG), and the National Bureau
of Investigation (NBI) under the Department of Justice (DOJ).

In addition to these government offices, there are other agencies tasked with enforcing special
laws. Among these are:

1. Police Anti-Crime Emergency Response Team – (PACER)

2. Bureau of Internal Revenue (BIR)
3. Land Transportation Office (LTO)
4. Bureau of Customs (BOC)
5. Bureau of Immigration (BOI)
6. Economic and Intelligence and Investigation Bureau (EIIB)
7. Food and Drug Administration (FDA)
8. Philippine Coast Guard (PCG)
9. Marine Industry Authority (MARINA)
10. Bureau of Forest Development
11. Department of Agriculture (DA) - BFAR, BPI, etc.
12. Air Transportation Office (ATO)
13. National Telecommunications Commission (NTC)
14. Bureau of Product Standards (BPS)
 HISTORY OF POLICE FORCES

I. Introduction:

Police is the agency of a community or government that is responsible for maintaining public
order and preventing and detecting crime. The basic police mission — preserving order by enforcing rules
of conduct or laws — was the same in ancient societies as it is today in sophisticated urban communities.

The term police originated from the Greek word “politeia”, which means government of a city.
The term was used to describe the group of civil officers governing the city and not necessarily the armed
men guarding/policing the city. When the Romans conquered the Greeks, they changed the word slightly
to “politia”.

The French changed the word to “police” and used it to those authorized people who actually
enforce the law. The English and the Americans borrowed the word from the French and used it to
describe a law enforcement officer.

Cop and constable are terms with similar meaning to the word police. The word cop is commonly
used to describe a police officer. This word most likely came from the European word cop, meaning to
catch or seize.

Broad Goals of the PNP

1. Prevent and control crimes.

2. Maintain peace and order.
3. Ensure public safety and security.

Sub Goals of the PNP

1. Reduce the level of criminality and crime rate into a desirable social level.
2. Improve crime solution efficiency.
3. Maximize linkages with other components of CJS and international law enforcement agencies.
4. Enhances the credibility of law enforcement organizations.

Statutory Power of Police

1. Enforce all laws and ordinances relative to the protection of lives and properties.
2. Maintain peace and order and to take all necessary steps to ensure public safety.
3. Exercise the general powers to make arrest, search, and seizures in accordance with the
constitution and pertinent laws.
4. Investigate and prevent crimes, effect the arrest of criminals, bring offenders to justice and assist
in their prosecution
5. To assist other national government agencies, instrumentalities and subsidiaries in the
enforcement of laws pertinent thereto upon proper request and or deputization.
6. Detain an arrested person for a period not beyond what is prescribed by law.

Administrative Functions of the Police

1. To ensure licenses to possess a firearm and explosive, as well as permit to carry firearm outside
residence.
2. Supervise and control the licensing, training and duties of security guards and security agencies.
3. Perform other task maybe provided for by law.

Police Operations

1. Prevention of crime.
 2. Repression of criminality.
3. Apprehension of Criminals.
4. Recovery of stolen property or protection of life and property.
5. Regulation of non-criminal conduct.
6. Perform other miscellaneous services.

ROLE OF THE POLICE IN THE SYSTEM

1. To arrest the suspect

a. By virtue of a warrant of arrest issued by a judge on the basis of evidence submitted by
them.
b. Under circumstances justifying a warrantless arrest (Sec. 5, Rule 113, Rules of Court).
2. To conduct investigation - The police may conduct surveillance, interview persons with
knowledge of facts directly or indirectly connected with the offense, take photographs
(surreptitiously or otherwise), arrange to constitutional and statutory safeguards, examine public
and other available records pertaining to the persons involved and get copies of pertinent
entries.
3. To gather and preserve evidence
4. To transmit the records of the case to the court/prosecutor
5. To appear and testify in court

Theories of Police Service

1. Home Rule - Policemen are considered as servants of the community.

2. Continental - Policemen are considered as servants of higher authority.

Concept of Police Service

1. Old Concept
The yardstick of police efficiency is the number of arrest. Police is a repressive
machinery in crime prevention.

2. Modern Concept
The yardstick of police efficiency is the absence of crime crime/lesser number of crimes
committed.

Police Community Relation

It is the sum total of dealing of the police with the people it serves and whose goodwill
and cooperation it craves to ensure the greatest efficiency in the police service.

Coverage of Police Community Relation

A. Public Information Program

This evolves upon the concept of keeping members of society informed so that they will
appreciate and understand the complexity of police work and the services rendered by our men.

B. Public Relation Program

Focused on building a good image for the police organization through actual performance without
inefficiency and corruption.

C. Civic Action Program

This impart to the people that police are their friends and the partners as well as their defenders.
D. Mass Communication Program

It is designed to influence the opinions, attitudes, behaviors and emotions of the public in a
manner that they will behave in accordance with the law.

POLICE DISCRETION

It is the wise use of one’s judgment, personal experience and common sense to decide a
particular situation.
Abuse of discretion resulting to injury to persons or damage to property is punishable. So
the police must be guided by some basic concepts such as COMMON SENSE,
PERSONAL EXPERIENCE, and SOUND JUDGMENT.

PROBLEMS ARISING FROM UNREGULATED DISCRETION

1. It lacks uniformity for implementation

2. It may be discriminatory
3. It foster police corruption in victimless crimes
4. It converts the law into a personal instrument of social control through the so-called "sidewalk
justice."

PROGRESS CHECK #2

1. Why is the law enforcement considered as the prime mover of the Criminal justice System.

2. Why is it important for the police to build a strong and healthy relationship with the people in community

3. Under the Concept of Police Service, what is your stand regarding the efficiency of the Police, is it
when they perform number of arrest or when there is absence of crimes and lesser number of crimes
committed. Explain comprehensively.