Stages Of A Criminal Case

1. Stop - temporary detention of an individual for investigation. If the stop

yields information to confirm the suspicion, the stop may escalate into an
arrest.
2. Arrest - taking a person into custody in order that he may be bound to answer
for the commission of some offense, made by an actual restraint of the
person or by his submission to custody.
3. Booking - the process of officially recording an arrest.
It typically includes the following:
a. Photographing the defendant (mugshot)
b. Fingerprinting the defendant
c. Obtaining personal information like name, address, and
date of birth.
4. Preliminary Investigation - inquiry or proceeding to determine if there
is sufficient ground to engender a well founded belief that a crime
cognizable by the RTC has been committed and that the respondent is
probably guilty thereof and should be held for trial.
5. Arraignment - the stage where the accused is formally informed of the
charge against him by reading before him the information or complaint
and asking him whether he pleads guilty or not guilty.
6. Trial - examination before a competent tribunal of the facts put in issue
in a case, for the purpose of determining such issue.
7. Judgment - 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 provided by law on the accused.
8. Appeal - a proceeding for review by which the whole case is transferred
to higher court for a final determination.
Acquittal - a finding of not guilty based on the merits.
Bail - security given for the release of a person in custody of law, furnished by him or a
bondsman conditioned upon his appearance before any court.
Bail Bond - an obligation under seal given by accused with one or more sureties and
made payable to proper officer with the condition to be void upon performance by
the accused of such acts as he may legally be required to perform.
Capital Offense - an offense which under the law existing at the time of its
commission and of the application for admission to bail may be punished
with death.

Complaint - 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.
Criminal Action - one by which the state prosecutes a person for an act or
omission punishable by law.
Criminal Jurisdiction - authority of the court to hear and try a particular offense
and to impose the punishment provided by law.
Custodial Investigation - it involves the questioning initiated by law
enforcement officers after a person has been taken into custody or
otherwise deprived of his freedom of action in any significant way.
Double Jeopardy - when a person is charged with an offense and the case is
terminated either by acquittal or conviction, or ion any manner without the
express consent of the accused, the latter can not again be charged with
the same or identical offense.
Duplicity of offense - the joinder of separate and distinct offenses in one and the
same information or complaint.
Indemnification - payment of consequential damages suffered by the injured
party, his family, or a third person by reason of the crime.
In Flagrante Delicto - literally, caught in the act of committing the crime.
Information - accusation in writing charging a person with an offense, subscribed
by the prosecutor and filed with the court.
Motion To Quash - a hypothetical admission that even if all the facts alleged were
true, the accused still can not be convicted due to other reasons.
Oath - includes any form of attestation by which a party signifies that he is bound
in conscience ti perform an act faithfully and truthfully.
Parole - the conditional release of an offender from a penal or correctional
institution after he has served the minimum period of his prison sentence
under the continued custody of the state and under conditions that permit
his reincarceration if he violated the conditions of his release.
Plea Bargaining - process whereby the accused and the prosecution in a criminal
case workout a mutually satisfactory disposition of the case subject to court
approval. It usually involves the defendant's pleading guilty to a lesser offense
or to only some of the counts of a multi-count indictment in return for a
lighter sentence than that for the greater charge.

Prejudicial Question - arises when the civil action involves an issue similar or
intimately related to the issue raised in the criminal action and the resolution
of such issue will determine whether the criminal action will proceed or not.
Prescription of the Crime - loss or waiver by the state of its right to
prosecute a crime.
Prescription of penalty - loss or waiver of the state of its right to demand
service of the penalty imposed.
Prima Facie Evidence - denotes evidence which if unexplained or uncontradicted,
is sufficient to sustain a proposition as to counter balance the presumption
of innocence and warrants the conviction of the accused.
Private Crimes - those which can not be prosecuted except upon complaint
filed by the aggrieved or offended party.
Probable Cause - it is the existence of such facts and circumstances as would
execute the belief, in a reasonable mind acting on the facts within the
knowledge of the prosecutor, that the person charged was guilty of the crime
for which he was prosecuted.
Probation - disposition under which a defendant after conviction and sentence,
is released subject to conditions imposed by the court and to the supervision
of a probation officer.
Proof Beyond Reasonable Doubt - degree of proof which produces conviction
in an unprejudiced mind.
Recognizance - obligation of record entered into before some court duly
authorized to take it, with condition to do some particular act, the most
usual condition in criminal cases being the appearance of the accused for trial.
Re-Enactment - a demonstration by the accused of how he committed the
crime.
Reasonable Doubt - doubt engendered by an investigation of the whole proof
and an inability after such investigation, to let the mind rest upon the certainty
of guilt.
Reparation - payment of damage caused, taking into consideration the
sentimental value of the thing to the injured party.
Restitution - returning of the thing itself with allowance for deterioration or
diminution of value.
Search Warrant - an order in writing issued in the name of the people of the

Philippines signed by a judge and directed to a peace officer, commanding him

to search for personal property described therein and bring it before the court.
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 can not 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 offenders 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 can not 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.