Modules in Introduction to Criminal Justice System Module

For Burauen Community College Use Only 1

Outcomes- Based Learning Modules in

Introduction to Criminal
Justice System
(for internal use only of Burauen Community College)

Prepared by:

Paul Anthony I. Cano, RCrim.

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Introduction

The criminal justice system is the system or process in the community by which crimes are investigated, and
the persons suspected thereof are taken into custody, prosecuted in court and punished, if found guilty, provisions
being made for their correction and rehabilitation. Philippine criminal justice system is comprised of the following
pillars: Law Enforcement, Prosecution, Court, Correction, and Community. It is the job of the agencies under criminal
justice to prevent these behaviors by apprehending and punishing transgressors or deterring future occurrence.

This course come up with the study of the five pillars of the criminal justice system mainly for students
enrolled. It aims to prepare students for the advance courses in their programs, explain the importance or arresting
criminals and preventing crime, set and maintain standards of behavior that are acceptable in the community, allow
for a peaceful or law-abiding society, protect society from harm, especially society’s most vulnerable members,
uphold and enforce the law as well as the role of every community member in maintaining the peace and order.

This requires students to have their final output as requisite to complete the course. This output will be a case
study by illustrating the basic functions and process in every stage of the system pillar. Moreover, the flow of the
system, starting from the commission of the crime, followed by arrest or investigation that leads to apprehension of
the offender, to his subsequent prosecution, to the filling of complain or information in court until its final disposition
by the courts, to the rehabilitative process that follows as the roles of the correction institutions and eventually the
release of the convicted offender back to the community refined. In addition, they will be able to apply the basic
concepts and principles of law through interpretative exercises.

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Module 1: Introduction to Criminology

Learning Outcome Based on the Course of Syllabus

LO1. Discuss and apply the historical development of law and its relevant terms, basic principles, nature and
characteristic of criminal justice system through case study.

Learning Objectives
At the end of the module, the following learning objectives will be attained by the students with at least 75%
accuracy:
1. The students will be able to describe by illustrating the history, nature and scope in the study of the criminal
justice system through a knowledge level assessment.
2. The students will be able to apply the philosophical approaches of criminal justice system through
interpretive exercises.
3. The students will be able discuss the crime, criminals and law in relation to criminal justice system through
case study.

Course Direct Instruction

Philippine Criminal Justice System

According to Gabao (2017), Criminal Justice. Siegel and Senna states that criminal justice may be viewed or
defined as the system of law enforcement, adjudication, and correction that directly involved in the apprehension,
prosecution and control of those charged with criminal offense. Notice that in this definition, the American Criminal
Justice System’s main focus is on enforcement, adjudication and correction. In the American Criminal Justice System,
there are only three (3) pillars: 1. Law Enforcement, 2. the Court, 3. The Corrections. In contrast, the Philippines
Criminal Justice System has five (5) pillars; namely, 1. Law Enforcement 2. Prosecution 3. Court 4. Correction and 5.
Community.
In general, a Criminal Justice System (CJS) involves a number of government agencies that ensures the
protection of the public, the maintenance of order, the enforcement of the law, the identification of transgressors, the
prosecution of the accuse and the finding of the guilty, and the correction and treatment of criminal behavior.

Criminal Justice and Criminology

While Criminology explains the etiology, extent, and nature of the crime in the society; Criminal Justice
studies the agencies of social control that handles criminal offenders. While Criminologists are concerned with
identifying the nature, extent and causes of crime; Criminal Justice scholars engage in describing, analyzing, and
explaining the operations of the agencies of justice, specifically the police agencies, the prosecution, the courts and the
rest of the pillars of the system in seeking more effective methods of crime control and offender rehabilitation (Gabao,
2017).

Crime and Criminal Law

Crime is an intentional act or omission in violation of a criminal law without defense or justifications and
sanctioned by the state as a felony or misdemeanor (Capulso & Saluba, 2016). Criminal law, on the other hand, is that
branch or division of the law which defines crimes, treats of their nature, and providesvv b for their punishment
(Reyes, 2012.
As discussed by Gabao (2017), that crime is the event that calls for the operation of the criminal justice system.
When a crime is committed, it disturbs the tranquility and harmony of the society. Such event calls upon the police to
initiate police intervention by way of investigation or apprehension of those who violate the law; the prosecutor to
prosecute the case; the court to determine the guilt of the accused; and the rest of the system follows as incumbent
upon their role in the criminal justice process.

Legal Principles
a. “Nullum crimen nulla poena sine lege” That is – There is no crime where no law punishing it.
b.“Actus non facit reum, nisi mens rea” – A crime is not committed if the mind of the person performing the act
complained be innocent.
c. “Actus me invito factus, non est meus actus” – An act done by me against my will is not may act.
d.Crimes mala en se and crimes mala prohibita. The first set of crimes refer to those that are naturally criminal on
moral grounds while the second set of crime pertain to those acts that have been criminalize for regulatory
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purposes. Murder is an example of a mala en se while Illegal Possession of Firearms and Ammunition is an
example of mala prohibita.

Crime in the Criminological Sense

A crime is a violation of societal rules of behavior as interpreted and expressed by a criminal legal code
created interpreted and expressed by a criminal legal code created by the people holding social and political power.
Individuals who violate these rules are subject to sanctions by the state authority, social stigma, and lose of status.

Crime in the Legal Sense

Criminologists define crime as a voluntary and intentional violation by legally competent person of a legal
duty that commands or prohibits an act for the protection of society. A crime is punishable by judicial proceedings in
the name of the state. From this legal definition, what are the things that apparently constitute crime?
a. The act must be voluntary. Thus, if the criminal act were shown to have been done involuntarily as when the
individual is forced to commit a criminal act against his will, the person cannot be found guilty of the crime.
b. It must be intentional. Thus, otherwise criminal act that occurs by accident generally is not considered crimes.
c. It must be committed by a legally competent person. Under the law certain persons are considered not
capable of committing a crime, like the insane or those who are fifteen (15) years old and below.
d. The behavior that constitutes a crime ca be either an act of commission or an act of omission. Thus, one maybe
guilty of a crime by doing something which is prohibited or should not be done (i.e. murder), as well as doing
what the law says should be done (i.e. payment of tax).
e. A crime is an act that threatens the welfare of the society and is punishable by judicial proceedings in the
name of the state. Thus, crime is considered to be a crime against the collective well-being of the society. In
criminal proceeding, the offended party or private complainant is merely considered as the primary witness
of the state.

How may the Government Convict a Person of a Crime

In order to convict a person, the government must show that:
a. An act was committed, that at the time of its commission, was prohibited, or that the accused failed to do
something commanded by law (act);
b. That the accused did the act voluntarily and with full knowledge of what he or she was doing (the crime must
be committed with the concurrence of intent, freedom of action, and intelligence, or by means of negligence or
imprudence);
c. That the act resulted from intent (the concurrence of act and intent or negligence or imprudence);
d. That the act and the intent caused something to occur that was offensive to the law (causation); and
e. That it caused some harm to society. (result)

Criminal Law
The Criminal Justice System is based on the enacted Criminal Law/Statutes. Only violations of Criminal Law
are being considered and processed in the Criminal Justice System. Where there is no violation of Criminal Law or
where is no process will not operate. Sometimes, even if the act of a person is somewhat generally annoying or
obnoxious to some people, that person cannot be processed in the criminal justice system in the absences of an
enacted Criminal Law. The advent of the modern concept in corrections like restorative justice and diversion will
drastically change the point of view of the public concerned.

Two basic principles of Criminal Law

The first is “the presumption of innocence”. This means that those who are accused of crimes are considered
innocent until proven guilty. This is the fundamental assumption of our legal system that at least in theory is
supposed to exist. Thus, the accused is entitled to all the rights of the citizens until the accused’s guilt has been
determined by the court of law or by the accused’s acknowledgment of his guilt that he or she indeed committed the
crime.
The second principle is “the burden of proof” which in criminal cases means that the government must prove
beyond reasonable doubt” that the suspect committed the crime. Because the criminal prosecutions carry the penalty
of imprisonment and even death in some cases, the state through the prosecution is given a difficult burden.
Nevertheless, it is the bedrock of our social – and through it, our legal system.

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Criminal Relation to Criminal Justice System

According to Gabao (2017), the criminal is the main character, so to speak, of the Criminal Justice System.
Some authors even refer to him as the superstar, if you will, because upon him pillars of the system revolve. A
criminal may be defined in three (3) different views: the criminal criminological sense, the legal sense, and as defined
in the criminal justice sense.
1. In the Criminological sense, a person may be considered as a criminal from the time he or she committed a
crime regardless whether or not it has been referred or reported to the police for the investigation.
2. In the Legal sense, a person may be considered a criminal only upon undergoing judicial process and upon
determination by the Court that he or she is guilty beyond reasonable doubt.
3. In the Criminal Justice sense, a criminal may be defined as one who has undergone the process and went
through all pillars of the Criminal Justice System.

Nomenclatures who are processed under the Criminal Justice System

1. At the police stage, during the investigation, he as referred to as the SUSPECT.
2. At the Prosecutors office, during the determination of probable cause or during the Preliminary Investigation,
he is referred to as the RESPONDENT.
3. At the trial of the case, when the case has been filed in the court, he is referred to as the ACCUSED.
4. Once the Court has determined that the accused is guilty beyond reasonable doubt as charged and the
judgement has been rendered, he is referred to as the CONVICT.
5. It is only upon undergoing all the processes when the person has served the sentence when he can really be
considered as a CRIMINAL.

The Concept of Justice

What is justice? Can we be truly just? Do we want all members of the society to come under the umbrella of
the justice? These are similar question that have fascinated politicians, patriots, philosophers, and the general public
for centuries. There is no universal definition of justice. It is concept that spans an infinite number of perspectives and
views, each as valid as the other, even though at times incompatible (Gabao, 2017).
As some authors, has indicated the essence of justice in two precepts: The first is “to render to each his due”. For
instance, if one borrows money promising to pay it back, it is only just for the borrower to pay back the said debt. It is
rendering him what is due. To refuse to pay it back is unjust since it amounts to keeping what belongs to another.
The second is “treat equals and unequal unequally in portion to their inequality.” For example, if all members in the
class in school did not do their assignment, all should receive the same grade, otherwise there will be injustice. Justice
involves equal punishment for identical offenses and equal reward to identical merits.

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Learning Activities

Activity 1: identification
Instruction:
1. What is the event that calls for the operation of the Criminal Justice System? Crime
2. The maxim of “An act done by me against my will is not my act.”
3. Under the law, certain persons are considered not capable of committing a crime, like the insane or those who
are __________ years old and below. 15/fifteen
4. This means that those who are accused of crimes are considered innocent until proven guilty. Presumption of
innocence
5. This means that the government must prove beyond reasonable doubt” that the suspect committed the crime.
Burden of proof
6. Once the Court has determined that the accused is guilty beyond reasonable doubt as charged and the
judgment has been rendered, he is referred to as? Convict
7. It is the first element of the commission of a crime or grounds in order to convict a person. An act was
committed
8. It is the branch or division of the law which defines crimes, treats of their nature, and provides for their
punishment. Criminal Law
9. At the police station, during the investigation, a person who is under the custody is called? Suspect
10. A criminal may be defined as one who has undergone the process and went through all pillars of the Criminal
Justice System. Criminal in a criminal justice sense

Activity 2: Interpretive Theory

Part 1. Instruction: Read and answer the following items. Select the best answer which correspond to the letter of your
answer.

1. Renzo is forced to steal diamonds in the exchange for the security of her sister. This legal principle refers to
the extinguishment of criminal liability in court if proven innocent.
a. Nullum crimen nulla poena sine lege
b. Actus non facit reum, nisi mens rea
c. Actus me invito factus, non est meus actus
d. None of the above.
2. In the year 2000, there is no such law known as the "Safe Spaces Act" or “Bawal Bastos” law. Which Cedric
catcalling or wolf-whistling a 14-year-old Geneva. Cedric is not criminally liable due to this such legal
principle.
a. Nullum crimen nulla poena sine lege
b. Actus non facit reum, nisi mens rea
c. Actus me invito factus, non est meus actus
d. None of the above.
3. Marlo is under the custody of the police for being a suspect of a motor theft. The suspect is automatically
considered innocent until proven guilty. Which legal principle this refer to?
a. the burden of proof c. presumption of innocence
b. prove beyond reasonable doubt d. None of the above
4. An 8-year-old boy Eliseo has a hyperactivity disorder who accidentally shot his father. He has automatically
criminal irresponsibly because it says in the book of law that
a. Nullum crimen nulla poena sine lege
b. Actus non facit reum, nisi mens rea
c. Actus me invito factus, non est meus actus
d. None of the above.
5. Jenny intentionally evade paying tax for the month of July to December which is a violation of the law on
State as?
a. Crime c. Estafa
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b. Omission d. Comission
6. Similar to the principle of retribution, if one borrows money promising to pay it back, it is his/her obligation
to pay back the said debt. This principle pertains ton?
a. To render to each his due
b. Treat equals and unequal unequally in portion to their inequality
c. Crime of Mala In se
7. A recent attempted murder occurs at Mangonbangon Bridge, Tacloban. Raymond intentionally stab Rayjay in
the chest. The following are the elements to constitute a crime, except.
a. act was committed c. resulted from intent
b. punishable by law d. the resulted from accident
8. Cielo is under the custody of the police for being a suspect of a car theft. But in order for the police to put the
suspect behind the bars, one concept must be present.
a. the burden of proof c. presumption of innocence
b. prove beyond reasonable doubt d. None of the above
9. After the court declared Renzo – guilty beyond reasonable doubt for the crime of rape, he is referred to as?
a. Suspect c. Convict
b. Criminal d. Accused
10. Which of the following statement is incorrect?
a. Criminal act that occurs by accident generally is not considered crimes
b. The behavior that constitutes a crime ca be either an act of commission or an act of omission
c. A crime is an act that threatens the welfare of the society and is punishable by judicial proceedings in
the name of the state.
d. If the criminal act were shown to have been done voluntarily, the person cannot be found guilty of
the crime.

Activity 3: Case Study

Riymond makes a motion to draw a gun but Cedric hugs him and prevents such. Riymon asks Renzo to shoot
Cedric but they’re too close. Renzo shoots not aimed at anybody (warning shot).
1. Is Riymon liable for attempted murder? Explain.
2. If Mr. Riymon is caught in the act aiming the gun at Cedric and brought in the custody for his actions, can we
assume guilty since it was caught in the act?
3. In order to make sure that Mr. Riymon is truly guilty of the crime, and in order to punish him, our Rules on
Evidence provide that the weight of evidence required to convict an accused for a criminal act must be?
Explain.

References:

Capulso, N. E & Saluba, D. J. (2016). The basics of the Philippine criminal justice system. Quezon City, Philippines: C
& E Publishing, Inc.
Gabao, R. G. (2017). Philippine criminal justice system. 3rd eds. Quezon City: ChapterHouse Publishing Incoporated.
Garcia, M.A. Caday, F.B. Guinayen, D.F. (2016). “Philippine Criminal Justice System with Indigenous Justice System.”
Quezon City: Wiseman’s Books Trading, Inc.
Reyes, L. B. (2012). The revised penal code book one. 18th eds. Quezon City: Rex Bookstore, Inc.