What is a Criminal Justice?

It is the system of practices, and organizations, used by

national and local governments, directed at maintaining social control, deter and
controlling crime, and sanctioning those who violate laws with criminal penalties.
The primary agencies charged with these responsibilities are law enforcement
(police and prosecutors), courts, defense attorneys and local jails and prisons which
administer the procedures for arrest, charging, adjudication and punishment of
those found guilty. When processing the accused through the criminal justice
system, government must keep within the framework of laws that protect individual
rights. The pursuit of criminal justice is, like all forms of justice, fairness or
process, essentially the pursuit of an ideal.

There are actually five (5) pillars of criminal justice system, as follows; (1.)
Community, (2.) The Law Enforcement, (3.) The Prosecution Service, (4.) The Courts,
(5.) The Correctional Institution.

If one of these pillars is dysfunctional, wala tayong maasahan na hustisya!

The five (5) pillars of the Philippine Criminal Justice System have important roles to
play in the investigation, prosecution and dispensation of justice of the alleged
offenders or felons.

The first pillar is the COMMUNITY ( e.g., People & Peoples Organizations). It refers to
institutions, government, and non-government agencies and peoples organizations
that provide care and assistance to the victims or offended party, during and after
the onset of a victims rights case. The community has a significant role to

assume in all the phases of judicial involvement of offender as well as the protection
process: the prevention of abuse, cruelty, discrimination and exploitation,
assistance of offenders who enter the criminal justice system and the acceptance of
the offenders upon his reintegration into the community,,, after he goes out of
Correctional.

The second pillar is LAW ENFORCEMENT (e.g. PNP, NBI, PDEA, etc.) It involves
government agencies charged with the enforcement of penal laws. It is primarily
responsible for the investigation and determination whether an offense has been
committed, and where needed, the apprehension of alleged offenders for further
investigation of the third pillar,,, Prosecution Service.

The PROSECUTION SERVICE (Public Prosecutor or Fiscal) refers to the National

Prosecution Service (NPS). The NPS is mandated to investigate and prosecute penal
violations. It collates, evaluates evidence in the preliminary inquest investigation
and dismisses or files the case in court as indicated.

The Public Attorneys Office or private defense counsel, on the other hand, serves as
the defender of offender who is charged before the court and unable to hire the
service of the retained lawyer.

The fourth pillar is the COURT (MTC, RTC) )which refers to the MTC and Regional Trial
Courts designated to handle and try the case and issue judgment after trial.

The fifth pillar is the CORRECTIONAL SYSTEM (NBP, CIW, BJMP) . It refers to
institutions mandated to administer both correctional and rehabilitation programs
for the offenders. These programs develop the offenders or convicts abilities and
potentials and facilitate their re-integration into the community and normal family
life.

The rehabilitation and recovery process involves the support of government

agencies, non-government organizations and most importantly the family and
community so that the offender as well as the offended can heal and recover in
order to be able to cope and rebuild their lives.

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FIVE (5) PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

(PCJS)
Police or Law Enforcement - to effect arrests on law violators
Prosecution to seek legal punishment investigation
Courts a place where justice is administered
Corrections or Correctional Institutions
Community body of people living in the same place under the same laws

BRIEF SURVEY OF CRIMINAL JUSTICE SYSTEM IN THE PHILIPPINES

The five (5) pillars of Criminal Justice System in the Philippines are beset
with the crime viewed as a major problem in the country. Considering the
complexity of crime, there is no quick and simple explanations or solutions to
it. However, with the coordinated efforts of the five processes of criminal justice
directly or indirectly somehow is put under check and not so widespread to cause
panic and anarchy in our society.
In fact, it cannot be gain said that the pillars fail in their functions as
shown by our overcrowded jails/prisons, full dockets of the courts and office of the
prosecutors, overwhelming caseloads of the Probation and Parole Board and the
increase of witnesses cooperating in the prosecution of criminals in court.
The discerning public must realize that each pillars fail in their functions
has a vital role in the administration of justice the success of which lies entirely on
its shoulder. Indubitably, it is not feasible to attain the goals of the criminal justice
process if one of the pillars/components shirks and ignores its roles. To be more
productive, the five pillars must solidify their relations with other agencies geared to
their collective efforts to have an impartial administration of justice for all.
FUNCTIONS OF CRIMINAL JUSTICE SYSTEM
1. Preventing the commission of crime, enforcing the law.
2. Protecting life, individual rights and property.
3. Removing dangerous persons for the community.
4. Deterring people from indulging in criminal activities.
5. Investigating, apprehending, prosecuting and sentencing those who cannot be
deterred from violating the rules of the society.
6. Rehabilitating offenders and returning them to the community as law-abiding
citizen.

GOALS OF CRIMINAL JUSTICE SYSTEM

1. Primary Goals

a. Maintenance of peace and order

b. Protect members of society
2. Secondary Goals or Sub-Goals
a. Prevention of crime
b. The review of the legality of the preventive and suppressive measures
c. The judicial determination of gift or innocence of those apprehended
d. The proper disposition of those who have been legally found guilty
e. The correction by socially approved means of the behavior of those who violate
the criminal law
f. The suppression of criminal conduct by apprehending offenders for whom
prevention is ineffective.
(Robert d. Pursley, P.S. Introduction to Criminal Justice
System, Macmillan Publishing, 1991)