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CRLJ 121
INTRODUCTION TO
CRIMINAL JUSTICE
SYSTEM
PRELIM MODULE 1

INTRODUCTION

The Criminal Justice System is one of the most important tools available to society for
the control of anti-social behavior. The criminal justice system needs to prove a
balance between punishing the guilty and protecting the innocent being found guilty;
however it is not as easy to convict those who are guilty of committing crimes. There
have been many miscarriages to justice where innocent people were sent to prison.
In order to achieve this it is using different agencies and the major of them are the
Police, Prosecution, Courts, Prisons and Community. They all are operating in
synchrony for achieving their legal responsibilities and particularly for reducing the
level of crime.

LEARNING OUTCOMES

At the end of the unit, the students should be able to:

a. Understand and discuss the goal, purpose and priorities of Criminal Justice
System

b. Identify the two approaches and models of Criminal Justice.

REFERENCES

 Shirley Domingo, Criminal Justice System, Rex Book Store, Inc., 2013
 Porferio C. Madelo Jr., Ph. D., Criminal Justice System-Basic Concepts and
Approaches, Rex Book Store, Inc., 2013
 Atty. Ramil G. Gabao, Ph. D., Philippine Criminal Justice System, Chapter House
Publishing Inc., 2013
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LEARNING LESSONS

LESSON 1: INTRODUCTION TO CRIMINAL JUSTICE BASIC TERMINOLOGIES

What Is Criminology?

- Sutherland, Cressey and Luckenbill define criminology as the body of knowledge

regarding crime as a social phenomenon. It includes within its scope the process
making laws, of breaking laws, and of reacting toward the breaking of laws.

Criminal Justice System

– The machinery which the society uses in the prevention and

control of crimes. It may also refer to the totality of the activities of the law enforcers,
prosecutors, judges, and corrections personnel, as well as those of the mobilized
community in crime prevention and control.

In theory, Criminal Justice System is an integrated apparatus that is concerned

with the following:

● apprehension,
● prosecution,
● trial,
● conviction,
● sentencing and
● rehabilitating or correcting criminal offenders.

Goals of CJS

1. Prevention of crime.
2. Protect members of society against crime.
3. Maintain peace and order.
4. Suppression of criminality.
5. Review the legality of existing rules and regulations.
6. Rehabilitation and reformation of offenders.

People involved in the system (Parties to the criminal case)

1. Accused = The most pampered party in a criminal case.

2. Victim/complainant = The forgotten party in a criminal case.
3. People of the Philippines = The actual offended party.

What is the event that calls for the operation of the Criminal Justice System?

- 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 violated the law; the prosecutor to
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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.

Enumerate some of the legal principles or maxims regarding a crime or a criminal

act.

(a) Nullum crimen nulla poena sine lege" That is - There is no crime where no
law is punishing it.

(b) The maxim is, "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) The maxim is "Actus me invito factus, non est meus actus"- An act done by
me against my will is not my act.

What is crime in the legal sense?

- Criminologists define crime as a voluntary and intentional violation by a legally

competent person of a legal duty that commands or prohibits an act for the
protection of the 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?

1. 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.

2. It must be intentional. Thus, otherwise criminal act that occurs by accident

generally is not considered crimes.

3. 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.

4. The behavior that constitutes crime can be either an act of commission or an

act of omission. Thus, one may be 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). In this connection, an act of omission to
constitute a crime must be considered unlawful by the statute at the time the act
is committed.

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5. 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 an
act against and the collective well-being of the society. In criminal proceedings,
the offended party or private complainant is merely considered as the primary
witness of the state.

NOTE: In the Philippines, if a crime is punished by the Revised Penal Code, it is

called a felon; if by a special law, it is called an offense; if by an ordinance, it is
called an infraction of an ordinance.

How are crimes classified by criminologists? Give examples.

Criminologists devote a great deal of attention to defining crimes in general or in

specific terms. Some of the examples of criminological classifications of crimes are
the following:

- The types of victims (child abuse, women, elderly)

- The object of the crime (property, person, state)
- The method of criminal activity (organized, accidental or negligence, or modus
operandi)
- Degree of Gravity (Light, Serious, or Less Serious)"
- Classify as to its source of enactment or legislation (Felony, Offense, Infraction
of an Ordinance)
- Status offense (punishable when committed by minors but not when committed
by adults)

How are crimes classified under Book 2 of the Revised Penal Code?

A. Crimes Against the National Security and the Laws of the State
B. Crimes Against the fundamental law of the state
C. Crimes Against Public Order
D. Crimes Against Public interest
E. Crimes Relative to Opium and prohibited Drugs
F. Crimes Against Public morals
G. Crimes committed by the public officers
H. Crimes Against Persons
I. Crimes Against Personal liberty and security
J. Crimes Against Property
K. Crimes Against chastity
L. Crimes Against the civil status of persons
M. Crimes Against honor
N. Quai-offenses

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What are the sources of Criminal Law in the Philippines?

1. The Revised Penal Code

2. Special Penal Laws
3. City and Municipal Ordinances

What are the two basic principles of criminal law we adhere to in the
administration of the Criminal Justice System in the Philippines?

1. 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.

2. Burden of proof
- Which in criminal cases means that the government must ‘’prove beyond
reasonable doubt’’ that the suspect committed the crime.
- Given that 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.

Criminal

- In legal sense, a person may be considered a criminal only upon undergoing the
judicial process and upon determination by the Court that he or she is guilty beyond
reasonable doubt.

What are the different nomenclatures given to the person who is being processed
under the Criminal Justice System?

They are the following:

1. At the police stage, during investigation, he is referred to as the SUSPECT.

2. At the Prosecutor's 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 a case has been filed in Court, he is referred to as
the ACCUSED.

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4. 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 the
CONVICT.
5. It is only upon undergoing all the process when the person has served the
sentence when he can really he considered as a CRIMINAL.

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