Presented By: Psupt Bernardo J Rosario: 5/3/2012 CRIDEC: Crriminal Justice System 1

PRESENTED BY
: PSUPT BERNARDO J ROSARIO
5/3/2012
CRIDEC: Crriminal Justice System
THE INTEGRATED DEFINITION OF CRIME Punishable under criminal law, as determined by majority of society or, in some cases, a powerful minority Considered an offense against society as a whole & prosecuted by public officials, not by victims Punishable by statutory determined sanctions that bring about the loss of personal freedom
5/3/2012 CRIDEC: Crriminal Justice System 2
The Consensus Model A criminal justice model in w/c the majority of citizens in a society share the same values & beliefs Criminal acts are those acts that conflict w/ the values & beliefs, & are deemed harmful to society Implies that a majority of the citizens agree on what activities should be outlawed & punished as crimes
The Conflict Model Different segments social class, income, age & race are engaged in a constant struggle w/ each other for the control of society Victorious groups = power by codifying value system into criminal law Criminal activity = by whichever group holds power at any given time Certain groups = no access to political power their interests are not served by CJS
Criminal
Somebody acting illegally: somebody who has committed a crime
5/3/2012
Justice
Fairness: fairness or reasonableness, especially in the way people are treated or decisions are made; LAW application: the legal system or the act of applying or upholding the law; Social norm providing guidance for people in their dealing w/ one another, as a standard against w/c actions are evaluated; as a prescription or requirement that people act justly
System
Complex body: combination of related elements organized into a complex whole; Set of principles: a scheme of ideas or principles, for example for classification or for forms of government or religion; Way of proceeding: a method or set of procedures for achieving something; Way things are: established order, especially regarded as thwarting the individual; One w/c consists of several parts that interact w/ each other or produce some result, serve some functions, or meet some objectives.
The Concept of the Philippine CJS

First
responsibility of the govt. law & order keep streets & neighborhoods safe Prevent & control crime, & juvenile delinquency not sole task of govt., much less the agency of the CJS alone Major policy for achieving objectives & ideals of prevention & control of crime & delinquency require coordination of effort & teamwork of the five (5) CJS Pillars CJS sum total of instrumentation w/c society uses in the prevention & control of crime & juvenile delinquency
Five Pillars of the Philippine Criminal Justice System
P O L I C E
P R O S E C U T I O N
C O U R T
C O R R E C T I O N
C O M M U N I T Y
5/3/2012
C O R R E C T I O N
C O M M U N I T Y
5/3/2012
10

STRENGTHENING THE TIE THRU HARMONIOUS RELATIONSHIP P O L I C E P R O S E C U T I O N C O U R T C O R R E C T I O N C O M M U N I T Y
5/3/2012
11
The Five Pillars of the Phil CJS

Correction Community
Courts
Law Enforcement
Prosecution
Four structured components of CJS:
Law enforcement Prosecution Courts Corrections
5/3/2012
13
Law Enforcement
Involved in the keeping of peace (order maintenance), the detection of crime and the arrest of suspected violators, and the provision of a wide variety of other services The police stand at the forefront of the criminal justice system PNP together w/ NBI & OLEA
5/3/2012
14
Law Enforcement Other pillars do not understand the variety, range, & complexity of functions assumed law enforcement, & how these various functions interrelate w/ each other in the pursuit of the police objectives. At times, the police is viewed only in terms of (1) apprehensions, (2) arrests, (3) identifications, (4) investigations, & (5) interrogations.
5/3/2012
15
The primary functions of the police are:

1. 2.
3. 4.
Protect lives & property, enforce laws & maintain peace and order Prevent crimes, effect the arrest of criminal offenders & provide for their detention & rehabilitation Investigate the commission of all crimes & offenses & bring the offenders to justice Take all necessary steps to insure public safety
5/3/2012
16
The police seek to achieve its objectives through:

1.
2.
3. 4. 5.
Crime prevention Crime repression Regulation of non-criminal conduct Provisions of services Protection of personal liberty
5/3/2012
17
5/3/2012
18
5/3/2012
19
5/3/2012
20
5/3/2012
21
5/3/2012
22
5/3/2012
23
5/3/2012
24
5/3/2012
25
5/3/2012
26
5/3/2012
27
Prosecution
Involved in the proper charging of suspected offenders and their prosecution Every open-minded state wishes to do justice to its citizenry & strives to maintain the fine balance between social order & liberty The major burden for maintaining this balance is allocated in the prosecutor
5/3/2012
28
Prosecution
The late Chief Justice of the Supreme Court Claudio Teehankee wrote: A
societys ascent to civilization and enlightenment is best judged by its criminal justice system its definition of crime, its law enforcement method and its machinery for the apprehension, prosecution and conviction of persons perceived as criminals.
5/3/2012
29
Prosecution The best criminal justice system in the world cannot absolutely guarantee that an innocent person would not be punished and the guilty not set free. Every eradication activity must begin with suspects and the process of determining the identity of the guilty must be initiated by the prosecutor.
5/3/2012
30
Considerations that influence & modify the prosecutors discretion include: Presence or absence, & strength or weakness of, evidence proving existence of the elements of the crime charged & the connection of the alleged offender to the criminal act 2. Nature of complaint & attitude of offended party 3. Character of accused, his status in the community, & the impact of prosecution on his family 4. Seriousness of offense 5. Exchange relationships among CJS components, as well as the congestion w/in & the resource demands placed upon the system 6. Public opinion & pressure
1.
Courts Of all components involved in securing the efficacy, efficiency and fairness of the administration of criminal justice, the court play a role of vital importance. The judicial bodies manned by judges and their personnel, handle the most sensitive phase in the criminal justice process the determination of the innocence or guilt of the accused.
5/3/2012
32
Courts
Supreme Court Court of Appeals Regional Trial Courts Municipal Trial Courts Municipal Circuit Trial Courts Special Courts
5/3/2012
33
Criminal Trial Courts
Are involved in the adjudication of cases to determine the guilt or innocence and the proper sentencing of those found guilty, all within the broader functions of providing justice
5/3/2012
34
Problems being encountered by Courts
Congestion Problems in the area of sentencing of convicted sentencing inequality legislative direction review of sentences
5/3/2012
35
Victimless crimes or crimes w/o victims
5/3/2012
prostitution, pornography, sexual deviation, public drunkenness, vagrancy, gambling, & marijuana use convicts occupying congested jails heavy demands on the police, prosecutors & judicial personnel lead to corruption of both offenders & criminal justice officials decentralized, legalized or disposed of by administrative action
CRIDEC: Crriminal Justice System 36
Upgrading of disciplinary and ethical standards resulted in:
Creation of judicial & bar council Incorporation of Code of Judicial Conduct into the regular judicial orientation seminars for newly appointed judges Monitoring of litigants & attorneys complaints Court visitation Putting up of a complaints action center Promotion of outstanding, honest & dedicated judges
Corrections
Administration of appropriate sanctions in keeping w/ the sentence handed down Task is to rehabilitate & reform convicted persons
5/3/2012
38
Responsibilities of Correctional Institutions:
Maintenance of institutions such as prisons, jails Protection of law abiding citizens by keeping sentenced offenders from preying on the society Reformation of offenders by rehabilitating & incorporating them back into the mainstream of society & helping them lead a moral life after release Deterring crimes experience in prison & fear of denial of liberty influence inmates & potential offenders to lead law-abiding lives
Agencies under the Corrections :
Bureau of Corrections under the Department of Justice Provincial Jails under the Governors Municipal/City Jails under the Bureau of Jail Management and Penology Probation Administration under the Department of Justice Board of Pardons and Parole under the Department of Justice
5/3/2012
Community Outside the formal organization, however, the community is the basic element and considered the fifth (5th) component of the entire criminal justice system. It is involved in keeping persons from committing crimes, and to make sure that those who were released from imprisonment will not become habitual offenders.
Community
CJS will not be able to handle effectively the complicated task of preventing & controlling crime Need for a more balanced allocation of peace-keeping duties between the criminal justice system & the citizenry prevention responsibilities
5/3/2012
42
DISCRETION
5/3/2012
Ability of individuals in CJS to make operational decisions based on personal judgment instead of formal rules or official information it can be abused Police enforce the law or release a suspect Prosecutor prosecute, or dismiss a case for lack of evidence, technicality, etc Judge decide on sentencing
DISCRETION Law Enforcement Police officers exercise a great amount of discretion but this discretion may be abused and may lead to tyranny and injustice. But if they can exercise fairly and properly this discretion, they can instill respect for the law and obedience to authority.
5/3/2012
44
DISCRETION Prosecution Prosecutorial discretion may also be abused or misused. Abused or misused discretion results in justice, the professional, habitual criminals who generally have expert legal advice and are the best able to take full advantage of the bargaining opportunity maybe dealt with excessive leniency and the marginal offenders or neophytes may be dealt with harshly.
DISCRETION
How can criminal justice procedure be seen as a system of checks and balances in which discretionary errors (lapse in judgment) are eventually corrected? Examples: Prostitution in Manila Alabang Boys Case
5/3/2012
THE STEPS IN THE CJS 1. Entry into the System 2. Prosecution 3. Adjudication-Arraignment (Sentencing /Trial acquittal/conviction ) Review/Appeal 4. Corrections (Probation, Prison, Parole/Pardon) 5. Out of the System going back to the community
Katarungang Pambarangay The Authority of the Government Emanates from he People importance to the authority of the Barangay Chairman &/or Barangay Lupon Officials
5/3/2012
48
Katarungang Pambarangay
Barangay Chairman &/or Barangay Lupon Officials may amicably settle cases w/in their respective jurisdiction help out litigants the trouble in going to court terms of cost of litigation labor hour in going to & from ease out delicate task of court in attending to minor cases
Katarungang Pambarangay
All disputes are subject to barangay conciliation Subject to 12 exceptions
5/3/2012
50
12 exceptions
5/3/2012
1. One party is government 2. One party is a public officer 3. Involves real property in different cities or municipalities 4. One party is a corporation or partnership 5. Parties reside in different cities or municipalities 6. Involves offense where penalty is over one (1) year imprisonment or P5,000 fine
12 exceptions 7. Involves offense where there is no private offended party 8. Disputes as the President may determine 9. Agrarian cases under the CARL 10.Labor disputes 11.Actions to annul judgment upon a compromise
12 exceptions 12.Urgent legal action needed: a. Accused is under custody b. Writs of Amparo & Habeas corpus c. Actions that may be barred by statute of limitations d. Provisional remedies, such as 1) preliminary injunctions 2) Attachment 3) delivery of personal property 4) support pendente lite
RULES ON VENUE OF CASES 1. Venue of cases = barangay where the parties reside 2. If they reside in diff. barangays w/in the same city/municipality = venue is where respondent resides 3. In cases involving real property = venue is where real property or larger portion thereof is situated
RULES ON VENUE OF CASES 4. In cases arising at workplace or school = venue is barangay where workplace or school is situated 5. Objection to venue must be raised in mediation proceedings before barangay chairman, otherwise it is deemed waived
5/3/2012
55
PRE-CONDITION IN FILING COMPLAINT
No complaint, petition, action, or proceeding involving any matter w/in the authority of the Lupon shall be filed for adjudication, unless there has been confrontation between parties before the Lupon Chairman or the Pangkat & that no conciliation or settlement has been reached as certified by the Lupon or Pangkat Chairman or unless the settlement has been repudiated by the parties thereto.
COMMUNITY
OFFENSE NOT DETECED OFFENSE DETECED
NOT ARRESTED
LAW ENFORCEMENT
ARRESTED
Flow Chart of the Phil CJS
RELEASED NO CHARGE
PROSECUTOR
CHARGED
ACQUITTED
COURT
SENTENCED
PROBATION
5/3/2012 CRIDEC: Crriminal Justice System
SENTENCE SERVED
CORRECTIONAL INSTITUTION
PARDON
PAROLE
57
Operation of the Criminal Justice System

1.
When a crime is committed, either no arrest is made or an arrest is made. If no arrest is made, the suspect is filtered out of the criminal justice system.
5/3/2012
58

2.
If an arrest is made, either the suspect is released thereafter, or is booked. If he is released, then the suspect is filtered out of the system.
5/3/2012
59

3.
If the suspect is booked, he is either released thereafter or a case is filed with the prosecutors officer for preliminary investigation. Is the suspect is released; he is filtered out of the system.
5/3/2012
60

4.
If the preliminary investigation conducted, either the charge dismissed and the respondent release or an information is filed. the respondent is released, he filtered out of the system.
is is is If is
5/3/2012
61

5.
If an information is filed, either, on one hand, the case is archived or dismissed and the respondent is released or, on the other hand, an arraignment is made. If the respondent is released, he is filtered out of the system.
5/3/2012
62

6.
If an arraignment is made, either the case is dismissed through a motion to quash, and the respondent is released or the case is set for trial. If the respondent is released, he is filtered out of the system.
5/3/2012
63

7.
If the trial is conducted, either, on one hand, the case is dismissed through a motion to dismiss or though a demurer to evidence and the respondent is released, or on the other hand, sentencing has been made. If the respondent is released, he is filtered out of the system.
5/3/2012
Operation of the Criminal Justice System 8. Several possibilities during sentencing: a. Acquittal of accused = release b. Guilt of accused a.Did not appeal = goes to jail b.Appeal & subsequently acquitted = release c.If granted probation = release, but under observation d.If allowed a suspended sentence = release, but under observation e.If he breaks the rules on suspended sentence = suspended sentence is revoked & he is sent back to jail

9.
Possibilities during serving of sentence: a. Parole = serving part of the sentence, & upon good behavior, he may be granted parole, but is under observation. If he breaks the rules on parole, parole is revoked & sent back to jail. b. Pardon = Presidential privilege given to convict c. Service of full term of sentence = release
5/3/2012
Criminal Justice System The relative success or failure of the efforts against criminality depends ultimately on the will of society and the competence of its criminal justice system. A SOFT environment makes it easy for the criminal to go unpunished.
5/3/2012
67
Criminal Justice System Crime prevention is everyones business. Each one has an active rile to play. Passivity and indolence, manifested by buck-passing and over-dependence on others to expand the peace and order environment are advantageous to the criminal and deleterious to society-at-large.
Crime prevention activities reducing crime & improving quality of life:
Reinforcing home & family programs formulated the Dep Ed Health-care programs & multimodality drug treatment system in areas where there is pronounced drug abuse problem Prevention-recreation program integrated into the total unified delinquency prevention efforts Involvement of the mass media similar to the organized Stop Crime program
Scope of Criminal Justice System Preventing the commission of crimes Enforcing the law, protecting life, individual rights and property 3. Removing dangerous persons from the community 4. Deterring people from indulging in criminal activities 5. Investigating, apprehending, prosecuting & imposing penalty upon those who cannot be deterred from violating the rules of society 6. Rehabilitating offenders & returning them to the community as law-abiding citizens
1. 2.

Presented By: Psupt Bernardo J Rosario: 5/3/2012 CRIDEC: Crriminal Justice System 1

Загружено:

Сведения о документе

Оригинальное название

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Presented By: Psupt Bernardo J Rosario: 5/3/2012 CRIDEC: Crriminal Justice System 1

Загружено:

Авторское право:

Доступные форматы

PRESENTED BY

: PSUPT BERNARDO J ROSARIO

CRIDEC: Crriminal Justice System

Somebody acting illegally: somebody who has committed a crime

CRIDEC: Crriminal Justice System

5/3/2012 CRIDEC: Crriminal Justice System 6

The Concept of the Philippine CJS

Five Pillars of the Philippine Criminal Justice System

CRIDEC: Crriminal Justice System

Five Pillars of the Philippine Criminal Justice System

CRIDEC: Crriminal Justice System

Five Pillars of the Philippine Criminal Justice System

CRIDEC: Crriminal Justice System

The Five Pillars of the Phil CJS

Four structured components of CJS:

Law enforcement Prosecution Courts Corrections

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

The primary functions of the police are:

CRIDEC: Crriminal Justice System

The police seek to achieve its objectives through:

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

Criminal Trial Courts

CRIDEC: Crriminal Justice System

Problems being encountered by Courts

CRIDEC: Crriminal Justice System

Victimless crimes or crimes w/o victims

Upgrading of disciplinary and ethical standards resulted in:

CRIDEC: Crriminal Justice System

Responsibilities of Correctional Institutions:

Agencies under the Corrections :

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

All disputes are subject to barangay conciliation Subject to 12 exceptions

CRIDEC: Crriminal Justice System

CRIDEC: Crriminal Justice System

PRE-CONDITION IN FILING COMPLAINT

Flow Chart of the Phil CJS

Operation of the Criminal Justice System

CRIDEC: Crriminal Justice System

Operation of the Criminal Justice System

CRIDEC: Crriminal Justice System

Operation of the Criminal Justice System

CRIDEC: Crriminal Justice System

Operation of the Criminal Justice System

CRIDEC: Crriminal Justice System