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Summary of the Criminal Justice System

Criminal Justice 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, Criminal Justice System is an integrated apparatus that


is concerned with the prevention/ prosecution/ conviction/
sentencing and correcting of criminals.

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 have 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.

Functions of each CJS Pillar: Interplay in the Formal Process

➢ Police (law enforcement): The Initiator of the CJS Process

Installed at the forefront of the


CJS, the police or law
enforcement pillar is made up
mainly of the Philippine National
Police (PNP), the National Bureau
of Investigation (NBI) and the
Philippine Drugs Enforcement
Agency (PDEA).

The Police (Law


Enforcement) stand at the
forefront of the Criminal Justice
System. Law Enforcement is a deterrent and preventive
activity. It consists of patrolling to supervise conduct, investigating to
identify offenders and recover stolen or missing property,
warning or arresting those who are probably guilty of criminal
behavior, and assisting in the prosecution and trial of offenders. Its
goals are aimed towards the prevention of crime and disorder,
preservation of peace, and the protection of life, properties and
individual freedom.

In the Philippines, the law enforcement function is


spearheaded by the
Philippine National Police (PNP) under the Department of the Interior
and Local Government (DILG), Philippine Drug Enforcement Agency
(PDEA) under the Office of the President and the National Bureau of
Investigation (NBI) under the Department of Justice (DOJ).
➢ Prosecution: Determine of Probable Cause

Prosecution pillar is made up of mainly National Prosecution


Service (NPS). Its main functions are the following: conduct inquest
procedure; determine probable cause through preliminary
investigation/ issues subpoena/ administers oath; recommends the
dismissal and or filing of criminal charges; prosecute criminals and
represent the State in all criminal proceedings.
Prosecution is the process or method whereby accusations are
bought before a court of justice to determine the innocence or guilt
of the accused.
➢ Court: Centerpiece of the CJS

The Court is made up of the Supreme Court (SC) and such other
inferior courts in the land. Its main functions are the following: issues
search and arrest warrants; conduct preliminary investigation;
conduct arraignment, pre-trial and trial proper, renders judgment;
adjudicate penalty and sentencing; and resolve appeals cases, legal
issues and controversies.

It is situated between the Prosecution and Correction. The court


is the centerpiece of the five pillars, as such; it performs perhaps the
most important role in the administration of justice because it is the
court that everyone turns to for justice. It is impossible for applying the
criminal law against the defendants who commit crimes, but at the
same time protecting the same violations from the violation of their
rights by criminal justice agents.

This pillar is responsible in conducting trial or court adjudication


and impose penalty if found guilty, otherwise render dismissal or
acquittal of the case.
➢ Corrections: Rehabilitative Arm of the CJS

It is defined as the branch


of administration of criminal
justice charged with the
custody, supervision and
rehabilitation of offenders.

Correction as one of the


Pillar of Criminal Justice
System is considered as the
weakest pillar. This is because
of its failure to deter
individuals in committing crimes as well as the reformation of inmates.
This evident in the increasing number of inmates in jails or prison.
Hence, the need of prison management in necessary to rehabilitate
inmates and transform them to become law – abiding citizens after
their release.

Corrections is entrusted for the custody and safekeeping of all


convicts so that the ends of justice are achieved. The Bureau of
Corrections (BUCOR) and the Bureau of
Jail Management and Penology (BJMP) are part of the correctional
system in the
Philippines.
➢ Community: The Informal Pillar of the CJS

The community pillar or the


mobilized community is the
largest component of the CJS,
made up of the various agencies
in public and private sectors.

It is a group or person living


in particular community. It is the
largest pillar in the CJS. The
community also refers to the
elements that are mobilized and
energized to help the authorities
in effectively addressing the law and order concerns of the citizenry.
After the convicts have passed through the correction component -
either unconditionally, or by parole or pardon - they go back to the
community, and either led normal lives as law abiding citizens or,
regrettably commits another crime & thus goes back through the
same process of the CJS again.

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