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DEPARTMENT OF CRIMINOLOGY
CRIMINOLOGY PROGRAM

LECTURE NOTES ON

NAME: _____________________________________

YR/SECTION: ________________________________
 Introduction to Criminal Justice System
2

Who is a criminal?

➢ A criminal is a person convicted of a crime by a final judgment.

Take Note: If a person has just been arrested for the commission of a crime and he is in the law
enforcement stage, he is called suspect; in the prosecution stage, he is called respondent; in court, he is
called accused; in correction, he is called criminal or convict; and in when he goes back to the
community, he is called ex-convict. However, the term respondent may also refer to person charged
with an administrative offense.

Crime

➢ A crime is an act or omission punishable by law, forbidding or commanding it.

The legal classifications of crime:

a. According to the law punishing it;

• Felony
• Offense
• Violation or Obstruction of Ordinance
b. According to presence or absence of crime
• Intentional Crime
• Culpable Crime
c. According to gravity
• Grave
• Less-Grave
• Light Felonies
d. According to impact to the society
• Crimes mala inse
• Crimes mala prohibita
e. According to presence or absence of attempted and frustrated stage
• Formal crimes
• Material crimes

Elements of Crime

1. An act (actus reus)

2. An unlawful act
3. An intent (mens rea)
4. Attendant circumstances
5. Concurrence of act and intent
6. Causation

Compiled by: MMW LORD JESUS CHRIST, THE WORKS IS YOURS!

A.Y. 21-22 1st SEM Reference: Dr. Theodore Timpac BE GLORIFIED!
When does judgment of conviction becomes final?
3
a. After the lapse of 15 days;
b. When the accused waive his right to appeal;
c. When the accused applies for probation;
d. When the case is decided with finality with the Supreme Court and the right to file for motion
for reconsideration is closed.

Definition of Justice

➢ The act of rendering what are due or treating persons equally. These persons must, however,
fall within the same classification.
➢ It also refers to the peace, order and well being of the society that are threatened or disrupted
when a crime is committed.

System

➢ System is a combination of related elements organized into a common whole. It may also refer
to the process to be followed.

Division of Philippine Law

1. Substantive Law
➢ Law that creates the right and obligations of persons; defines their status; governs their
relations and confers power upon them.
2. Adjective Law
➢ It is part of the law that governs the prosecution and defense of action involving the
enforcement of rights and obligations
3. Public Law
➢ Deals primarily with the powers, rights and obligations of the state.
4. Private Law
➢ Deals with the individuals his rights and transactions and his affairs
5. International Law
➢ Governing relation between state and sovereign entities or between states and
international organization of state.
6. Municipal Law
➢ The entire body of law enacted by jurisdiction and applied in that jurisdiction

Criminal Justice

➢ It is part of justice that concerns itself with giving the state, the victim of the crime as
well the victim of the dessert consequent upon the commission of a crime.

Criminal Justice System

➢ The machinery which the society uses in prevention and control of crime.
➢ It may also refer to the totality of the activities of enforcement, prosecution, court,
correction and community in crime prevention and control.

Compiled by: MMW LORD JESUS CHRIST, THE WORKS IS YOURS!

A.Y. 21-22 1st SEM Reference: Dr. Theodore Timpac BE GLORIFIED!
 ➢ It consist of institution, offices, officers and procedures for the enforcement of public
4
order, particularly for dealing with infractions or violations of laws.

Offender

➢ It is the principal character in criminal justice system

Victim/Offended Party

➢ They are the neglected or forgotten man in the criminal justice.

The System

Social Goals Enacted into Violation of Correctional

Enforcement Trial Community
and Ideals Law Law System

The meaning of Criminal Justice System

It is the process of linking the five pillars of the Criminal Justice System, the police, the
prosecution, the court, the correction, and the community together as the achieve an interrelated scheme
of reciprocal responsibility in the approach to community development.
It is the machinery that the society uses in the prevention and control of crime. The totality of the
activities of law enforces, prosecutors, defense lawyers, judges and corrections personnel as well as those
of the mobilized community in the crime prevention.
Basically, Criminal Justice System is based in the American context, it is initially made up of three
components, which are:
a. Police- one who initiates the criminal justice system process by the arrest of criminal.
b. Courts- one that conducts the trial and impose the penalty found guilty; and
Corrections- where the criminal is remanded to prison not as a form of punishment but for correction
and rehabilitation

Two aspects of the CJS

1. Formal Justice System- it consists of the first four (4) Pillars of the CJS and they are part and
parcel of the formal component of government. Hence, they are public officials and
employees appointed by the constituted authorities.
2. Informal Justice System- it is the community Pillar. This is composed of the private sector,
made up of citizenry. The effectiveness and efficiency of the Criminal Justice System shall
depend mainly on the support and participation of the Informal part. The Community is the
supporting arm of the Law Enforcement Pillar in the form of testimonies and pieces of
evidence of the Prosecution and Courts. Likewise, this pillar is helping the Corrections Pillar
in the rehabilitation and re-acceptance of convicts once released to the mainstream of the
society.

The Philippine Criminal Justice System

The Philippines consider its criminal justice system as a conglomerative of five (5) vital
components commonly referred to as the five (5) pillars of the Criminal Justice System, namely: the police
or law enforcement, the prosecution, courts, corrections and the community.

Compiled by: MMW LORD JESUS CHRIST, THE WORKS IS YOURS!

A.Y. 21-22 1st SEM Reference: Dr. Theodore Timpac BE GLORIFIED!
The five (5) parts of the CJS are by no means independent of each other. What each does and how it does
it has direct effect on the work of the others. Hence, in order to attain and meet the goals or objectives 5
of the system of the system, each pillar must function efficiently because the failure of one means the
failure of the entire system.

The main objectives of Criminal Justice System:

The main objective of the Criminal Justice System is justice to all and elimination of crime to our
society.

The three-fold purpose of the Criminal Justice System

1. It removes dangerous people from the community.
2. It deters others from doing criminal behavior and
3. Gives society an opportunity to transform lawbreakers into law-abiding citizens

Major Components of the CJS and their functions

1. Law Enforcement
➢ maintains order and enforces the criminal law.
2. Prosecution
➢ presents the government’s case from the time of the defendant’s arrest through conviction and
sentencing in the criminal court.
3. Court
➢ determine the guilt or innocence of those offenders brought before it and expect to convict and
sentence those found guilty of crimes while insuring that the innocent is freed without any
consequence or burden.
4. Corrections
➢ ordinarily represent the post- adjudicating care given to offenders when a sentence is imposed by
the court and the offender is placed in the hands of the correctional.
5. Community
➢ participates in the rehabilitation of the accused once he is sent back to the society

The processes in the Criminal Justice System

1. The law enforcement maintains peace and order and enforces the criminal law.
2. The police are also responsible for gathering evidence and arresting the law breaker.
3. The prosecutor is responsible for evaluating the evidence the police have gathered and decide
whether it is sufficient to warrant filing charges against the alleged accused.
4. The defense lawyer, whether privately retained or provided by the government, are
responsible for defending the accused.
5. The judge at the end of the trial, renders decision.
6. The probation officer conducts pre-sentence investigation which judges will make use of in the
determination of sentence, and also provides supervision to convicted offender placed on
probation.
7. The offender, if convicted and sentenced, the prison system received and keeps them until the
parole board grants them parole or they have completed their sentence.
8. Finally, the parole department assist the released prisoners in their return to the community.

Compiled by: MMW LORD JESUS CHRIST, THE WORKS IS YOURS!

A.Y. 21-22 1st SEM Reference: Dr. Theodore Timpac BE GLORIFIED!
 9. The community participates in the rehabilitation of the accused ones he is sent back into the
mainstream of the society. 6

IX. The System and the Process (Major steps and decision stages)

The System Major Steps and Decision Stages

1. Law Enforcement 1. Complaint

2. Investigation
3. Arrest
4. Custody
2. Prosecution 5. Complaint
6. Preliminary Investigation /Inquest
7. Information/Indictment
8. Bail/ Detention
9. Arraignment
10. Plea- Bargaining
3. Court 11. Adjudication/ Trial
12. Disposition/ Verdict/ Judgment/ Decision/Sentence
13. Post- Conviction remedies /appeal
4. Correction 14. Probation
15. Incarceration
16. Release
* Service of Sentence
* Parole
* Pardon
5. Community 17. Community Supervision

THE FIVE (5) PILLARS OF THE CRIMINAL JUSTICE SYSTEM

1. THE POLICE OR LAW ENFORCEMENT PILLAR

➢ It refers to the entire organizations of law enforcement.

The Police stand at the forefront of the Criminal Justice System. Law Enforcement is deterrent and
preventive activity. It consists of patrolling to supervise conduct, investigating the identity of offenders
and/ or 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 all aimed towards the
prevention of crime and disorder, preservation of peace and the protection of life, properties and
individual freedom.
The large number of government agencies are involved in law enforcement one way or another. The
kind and degree of involvement vary from general and specific law enforcement to enforcing standards
and regulations pertaining to particular government activities.
In the Philippines, the Philippine National Police (PNP), under the Department of Interior and Local
Government (DILG) and the National Bureau of Investigation (NBI) under the Department of Justice (DOJ)
spearhead the law enforcement function

Compiled by: MMW LORD JESUS CHRIST, THE WORKS IS YOURS!

A.Y. 21-22 1st SEM Reference: Dr. Theodore Timpac BE GLORIFIED!