Criminal justice System (CJS) – the various sequential stages through which offender pass from

initial contact with law to final disposition, and the agencies charge with enforcing the law at each
of these stages.

Agencies consist of 5Pillars

 Police – law inforcement

 Prosecution
 Court
 Correction
 Community

Etymology of criminal

 Criminal – originated from middle English, came from the old french
 Crīminālis – came from late latin, and from latin Crīmen or crīmin which means
accusation
 Criminal refers to a person committed or been legally convicted of a crime.

In the criminology sense, a person is already considered as criminal the moment he committed
any anti-social act even without conviction.

Etymology of justice

Justice – originated from greek word dike – concept of everything staying in its assigned place of
natural role.

According to Plato justice consists of maintaining the societal status quo. Justice is one of the four
civic virtues, the others are wisdom, Temperance and courage.

Lady Justice

 Represents fairness
 Scales represent balance
 Blindfolded to be fair to everyone.
 Sworn to defend everyone’s rights

What is system

System was originated from Latin systema, systemat -, from Greek sustēma, from sunistanai, to
combine: sun-, syn- + histanai, set up, establish.
System refers to a group combination of interrelated, or interdependent, or interacting elements
forming a collective entity; and a methodical or coordinated assemblage of parts, facts, concepts,
etc.

What is crime?

 Its the reason why CJS exist

 A violation of law
 Under the Philippine law, refers to acts committed in violation of public law forbidding it.

It could be forms of

 Felonies – violations of revised penal code

 Offenses – violation of statutes
 Misdemeanors – violation of ordinances

Elements of crime

 Motive – reason or intent to of indiv to commit crime

 Opportunity – chance of an indiv to commit crime at a given space and time
 Means (instrumentaly or capability) refers to the ability of an individual to commit a crime

Crime reporting – reporting act to authorities

Crime reports – compile and presented by the pnp in the form of statistics

 Crime volume – number of crime incidents committed in an area over a period of time,
includes index and non index
 Crime rate - Refers to the number of crime incidents in a given period of time for every
100,000 inhabitants of an area.
 Index crime – Serious crime occuring sufficient frequency and regularity, murder, homicide
 Non index – refers to crimes in violations of special laws such as illegal logging or local
ordinances.
 Average Monthly Crime Rate - refers to crime rate divided into the number of months in a
year.
Criminology, Forensic Science, and Criminal Justice Timeline

The criminology, forensic science, and criminal justice are considered as interconnected.

Bc years

 8000 to 4000 B.C. – blood feuds were rampant

o Farming communities developed in the Middle East bringing groups of people closer
together. This created land disputes and the increased potential for crimes to occur.
 3500 B.C. – Sumeria became the first known civilization, establishing the first city states
and governments to help settle disputes.
 509 B.C. – roman republic rose
o Roman military became primary public enforcers until 500 A.D
 428 to 347 B.C
o Plato, student of Socrates introduce a concept that humans are inherently good. This
would groundwork christian theology, and would influence views of crime later
 384 to 327 B.C
o Aristotle, student of plato and tutor to alexander the great – expounded on the study
of science and scientific observation, would later influence forensics and crime
investigations
 44 B.C. – julius caesar was assassinated, became first recorded autopsy.

1st Century

o 50 to 70 A.D.
o Pedanius Dioscorides, greek physician, living in rome. Categorized various plants,
their medicinal effects, symptoms of poisoning.
 De Materia Medica – his work is considered as foundation of forensic
toxicology
o Roman orator Quintilian – use science to prove bloody handprints don’t belong to
accused murderer
o The decline of the Roman Empire led to destabilization in the western world and a
return to the kin policing concept and blood feuds when families and neighbors
policed themselves.
 Clans were seen as responsible for their members and took matters of crime
and punishment into their own hands.
11th Century

o 1035
o Frankepledge concept of policing was introduced
 All males over the age of 12 were formed into groups of 10 with their
neighbors.
 They took an oath to capture and detain members of their clans who
committed crimes under the supervision of a constable – a peace officer
 Constables in the shire were under the supervision of the Shire Reeve who
was appointed by the Crown.

13th century

o 1248
o A Chinese physician published Hsi Duan Yu (The Washing Away of Wrongs)
 It’s the earliest known work on pathology and death investigations.
o 1265 to 1274
o Saint Thomas Aquinas composed his best-known work, the Summa Theologica
 He presented the notion of the Natural Law, building on Plato's philosophy.
 He suggested that crime was an insult to God and that it damaged not only
the victim but the criminal as well because people are inherently good.

14th Century

 The century of renaissance period

 Justices of the peace were appointed by the King to provide support to constables and
Shire Reeves.
 Justices could issue warrants and hold arraignment hearings, and they could try cases that
involved minor crimes.
 The Parish Constable System and the Hue and Cry were developed.
o Males were appointed to serve as constables in a town for one year.
o When a constable called for aid, all men of the town would immediately respond.
o The call for aid would carry from town to town until a criminal was caught or the
emergency ceased.

16th century
  The scientific method was introduced as a tool for investigating crimes. It prompted new
means of gathering and examining the evidence.
 Western philosophers began to discuss the idea of the social contract in which the purpose
and role of the government and the responsibilities of the people and the sovereign were
explained.
o People ceded their authority to the sovereign in exchange for safety, security, and
prosperity
o This thinking influenced a more secular view of crime during the Enlightenment.

18th Century

 The utilization of scientific means to collect and compare evidence became widely
accepted.
o 1764
 Italian lawyer and philosopher Cesare Beccaria published his best- known
work, On Crimes and Punishments
 It called for a fixed scale in which the severity of punishment would increase
with the severity of the crime

19th Century

 1892
o the Metropolitan Police services were established in London, marking the first true
full-time, uniformed, and professional police force.
 Sir Robert Peel’s 9 Principles of Policing was issued to every officer on the
force.
 1827
o Belgian statistician, Adolphe Quetelet, looked at the national crime statistics from
France and identified correlations between crime and demographics, including age,
gender, education, and socio- economic status
 1858 and 1909 in between
o Psychiatrist and criminologist, Cesare Lombroso, founded the Positivist School of
Criminology and suggested psychological and biological links to criminal behavior
 1888
o George Eastman's revolutionary Kodak camera became widely available
 It could be used to photograph and document Crime scenes
 1886
o Sir Arthur Conan Doyle's Sherlock Holmes employed science and reason to solve
crime and popularized the concept of forensics
  1880
o Henry Faulds and William Herschel published a study In nature demonstrating that
fingerprints were unique to individuals

20th Century

o 1901
o a method for using hydrogen peroxide to detect traces of blood through oxidation
was dicovered
o 1910
o Dr. Edmond Locard, the father of crime scene investigation, established the first real
crime lab in two attic rooms at the Lyon, France police department
o 1934
o Dr. Locard published his now-famous Locard’s Exchange Principle (Every Contact
Leaves a Trace), presenting his belief that everything leaves a trace and thus, there
is always evidence to be found.
o 1984
o Digital and computer forensics were first developed by the FBI to examine computer
evidence.
o 1987
o DNA evidence was used in a criminal court for the first time.
 Tommie Lee Andrews became the first person to be convicted as a result of
DNA.

Lesson 2 Foundations of Criminal Justice

Classical school of criminology

Cesare Beccaria – essay on crime and Punishments

 Punishment should be proportionate to the crime committed

 Father of criminal justice

Jeremy Bentham – designed the panopticon prison

 11 different punishment
Neoclassical School

Individual difference and circumstances should also be considered

Positivist school

Psychological, physical and social are focused

Cesare Lombroso – father of modern criminology, founder of criminal anthropology

Atavistic – born criminal

Insane Criminal – criminal because of an alteration in the brain , eg. Kleptomaniac, nymphomaniac

Criminaloid – criminal because of circumstances, habitual criminal, or criminal cause of short

temper

Enrico ferri

Social as well as biological should be considered

Raffaele garofalo – more on psychological

By being a criminal they are commiting a Natural crime, probity(hope), pity(sympathy)