CRIMINAL JUSTICE SYSTEM

ACTIVITY 2
A. LEGAL TERMINOLOGIES

1. Probable cause – It exists when the evidence submitted to the inquest officer
engenders a well-founded belief that a crime has been committed and that the arrested
or detained person is probably guilty thereof.
2. Inquest officer – He shall be the one to prepare corresponding complaint or
information with the recommendation that the same be filed in court when he finds
that probable cause exists.
3. Recidivist – a recidivist is one who, at the time of his trial for one crime, shall have
been previously convicted by final judgment of another crime embraced in the same
title of his code.
4. Quasi-recidivist – Is a special aggravating circumstance where a person, after having
been convicted by final judgment, shall commit a new felony before beginning to
serve such sentence, or while serving the same. He shall be punished by the
maximum period of penalty prescribed by law for the new felony. The penalty
justified because of the perversity and incorrigibility of the offender.
5. Habitual delinquent – The allegation in the information that the accused was already
convicted four times of similar crimes, is not sufficient to show that these crimes
were precisely those enumerated by the law and for the conviction of which the
appellant should be considered a habitual delinquent.
6. Nolle prosequi – Is a request made by the prosecutor to the judge for approval to
terminate further criminal prosecution against a suspect.
7. Bail – Bail is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, to guarantee his appearance before any court as
required under the conditions hereinafter specified. Bail may be given in the form of
corporate surety, property bond, cash deposit, or recognizance.
8. Capital offense – A capital offense is 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.
9. Bondsman – He shall surrender the accused to the court for execution of the final
judgement.
10. Property bond – Is an undertaking constituted as lien on the real property given as
security for the amount of bail.
11. Judicial power – Is the authority settle justifiable controversies or disputes involving
rights that are enforceable and demandable before the courts of justice, or the redress
of wrongs for violations of such right.
12. Judicial independence – I the freedom of the court to settle legal controversies or
disputes “with an impartial eye and an even hand,” and bowing to no one except the
 law. It is the freedom of the judges to perform their functions without interferences
from the executive or legislative branch of the government.
13. Court – It is the body to which the public administration of justice is delegated. It is a
tribunal officially assembled under authority of law at the appropriate time and place
for the administration of justice thru which the government enforces its sovereign
rights and powers. The court is an entity or body in which a portion of judicial power
is elevated.
14. Judge – Is a public officer so named in his commission (written evidence of
appointment) and appointed to preside over and to administer the law in a court of
justice.
15. Administration of justice – Is the process of determining the relevant facts of a case
for the purpose of resolving a controversy.
16. Trial in absentia – Is a criminal proceeding in a court of law in which the person
who is subject to is not physically present at those proceedings.
17. Motu propio – Is used to refer to a document that is issued and personally signed by
the Pope. It may contain instructional matter, administrative matters of church law or
governing bodies, or used to grant a special favor.
18. Trial court – A trial court or court of first instance is a court of original jurisdiction
in which most civil or criminal cases commence. In the trial court, evidence and
testimony are first introduced, received and considered.
19. Appellate court – Are the part of the judicial system that is responsible for hearing
and reviewing appeals from legal cases that have already been heard in a trial-level or
other lower court.
20. Adverse party – It is an opposing party in a lawsuit. It is the party on the opposite
side of a lawsuit, whose interests are in conflict with those of another party.