CRIMINAL JUSTICE SYSTEM

I. INTRODUCTION:

In every country, the rising criminality and juvenile delinquency is one of their priorities because
it hampers their socio-economic advancement. Tradio, in his book, Criminal Justice System, stated:

“In any form of government, the yardstick of economic efficiency is the presence of
peace and order in the community and tranquility among the members of society. For
without peace and order, there can be no economic stability in the country.”1

In a democratic society like ours, the anti-crime machinery for the prevention and control of
crime and juvenile delinquency is the Criminal Justice System. This Criminal Justice System (CJS) is
wielded in an arena whose boundaries and “rules of warfare ” are delineated and prescribed by legal
parameters. Being part of the CJS and bound by said legal parameters, it is equally imperative for us to
explore and familiarize ourselves with its structure or set-up.

II. CONCEPT OF THE CRIMINAL JUSTICE SYSTEM

A. Criminal - one who has committed an offense punishable by law; implying crime or heinous
wickedness.2

A person can be branded as criminal under the following circumstances:

He must have committed a crime.

He must have been apprehended and investigated by the police.

By virtue of sufficient physical evidence and testimonies of witnesses, he must have been
arrested.

Due to the presence of prima facie evidence, the case was remanded to the court by the
prosecutor for trial.

There was arraignment.

There was trial.

The offender was found guilty.

A sentence was rendered by the court.

The convict was confined in prison.

The convict has fully served his sentence in prison.

B. Justice - adherence to truth or fact; impartiality; the rendering of what is due or merited. 3
 It consists of ordering human relations in accordance with general principles impartially applied
(Ginsberg).

It is accomplished by justice agents (police) who are flexible. Therefore, not everyone is treated
alike, and what is just depends upon the circumstances of an act.

*** “A just punishment for a crime depends upon variables associated with the act, not only
with the crime itself”.

JUSTICE according to the Supreme Court (SC) of the Philippines 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.

MORTIMER J. ADLER’S Two Precepts of Justice:

Render to each his due; and

Treat equals equally and unequal’s unequally but in proportion to their inequality.

C. System - 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. 4

CJS as a system can be the organization, administration and operation of criminal justice, in
that all the components involved with the prevention, control and reduction of crime and delinquency
are conscious of each responsibility.

Theoretically, CJS is an integrated apparatus that is concerned with the prevention, prosecution,
conviction, sentencing, and correcting of criminals.

Conceptually, the American context of CJS is the process of linking its three components of the
police, court and correction.

THE POLICE - one who initiates the criminal justice process by the arrest of the criminal?

THE COURT - one that conducts the trial and imposes the penalty if found guilty.

THE CORRECTION - where the criminal is remanded to prison not as a form of punishment but for
correction and rehabilitation.

In the Philippine setting, the CJS is broadened and anchored into the so-called “Five Pillars ”
representing the police (law enforcement), prosecution, court, correction and community.

The five pillars of the CJS are by no means independent of each other. What each one does and
how it does has direct effect on the work of others. Hence, in order to attain and meet the goals or
objectives of the system, each pillar must function efficiently because the failure of one means the
failure of the entire system.

By definition, the CJS in the Philippine setting is the process of linking those five pillars together
so as to achieve an interrelated scheme of reciprocal responsibilities in its approach to community
involvement. It reveals that each component has a distinct, sequential role to perform within the
system (Isaias Alma Jose).

In summary, CJS is the institution charge with direct responsibility for the prevention and control
of crime. Specifically, CJS has been defined as the enforcement, prosecution, adjudication, punishment
and rehabilitation functions.

PURPOSE OF THE CRIMINAL JUSTICE SYSTEM

To process those who have been accused of criminal activities.

Process - A series of steps, actions or operations used to bring about a desired result.

FUNCTIONAL COMPONENTS OF THE CRIMINAL JUSTICE SYSTEM (PROCESS)

The police are responsible for gathering evidence and arresting the suspected law violator.

The prosecutor is responsible for evaluating the evidence the police have gathered and deciding
whether it is sufficient to warrant filing charges against the alleged violator.

The defense attorney, whether privately retained or provided by the government is responsible
for defending the accused.

The judge during trial is an arbitrator in court who ensures that the defense and prosecution
adhere to the legal requirements of introducing evidence and examining and cross-examining
witnesses.

The judge at the end of the trial renders the decision.

The probation officer conducts post-sentence investigations and supervises convicted

defendants placed under probation.

Post-sentence investigation = an investigation conducted by the probation officer after

conviction to determine the qualifications of the convicted offender for probation.

Probation = a privilege granted by the court to a person convicted of a criminal offense to

remain in the community instead of actually placed in prison.
 The prison system receives the defendant if convicted and sentenced and keeps them until
parole is granted or have completed their sentences.

Finally, the parole department assists released prisoners in their return to the community.

TWO ASPECTS OF THE CRIMINAL JUSTICE SYSTEM

FORMAL JUSTICE SYSTEM = is the traditional series of agencies that have been given the formal
responsibility to control crime. It is an overt system, everyday in operation, customary understood and
referred to in crime and delinquency literature.

CHARACTERISTICS OF FORMAL JUSTICE SYSTEM

CRIME CONTROL = implies dedication to maintain public order and to counter the threat of
active criminals.

REACTIVE THEORIES = the tactics of punishment, suppression, and compulsory confinement.

ORGANIZATION OF WORK = this refers to bureaucratic scheme.

MONOLITIC CRIMINAL JUSTICE SYSTEM = appears to stand separate from the community it
serves.

LARGER CRIMINAL JUSTICE SYSTEM = these are agencies and persons that deals with issues related to
crime prevention, thus the traditional pillars of the criminal justice system.

CHARACTERISTICS OF LARGER JUSTICE SYSTEM

The fuller recognition that the criminal justice administration is a part of social control
functions of the entire constitutional framework of the community.

The supreme goal is no longer just crime control but rather maximum law observance.