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Introduction To Criminal Justice System
Introduction To Criminal Justice System
JUSTICE SYSTEM
BASIC CONCEPTS
Crime – it is an act or omission in violation
of the criminal law. (Sutherland and Cresey)
– It is an act which is not in conformity
with the accepted norms and standards
in a certain society. (Keeper)
– An act committed or omitted in
violation of a public law forbidding or
commanding it.
Act - Any bodily movement tending to
produce some effect in the external world.
Omission – is meant inaction, or the failure
to perform positive duty which one is bound
to do.
Criminal Law – Branch or division of law
which defines crimes, treats of their nature
and provides for their punishment.
• Criminal – It refers to any person finally convicted by a competent
court in violation of law.
• Justice – Principle of dealing with fairness; equality in the
application of law.
• System – A process; a coordinated body of method; organized
way of work.
• Criminal Justice System – Sum total of instrumentation which a
society uses in the prevention and control of crimes.
- The machinery used by a democratic government to protect
the society against criminality and other peace and order
problems.
- An integrated apparatus that is concerned with apprehension,
prosecution, conviction, sentencing and correcting criminals.
- The process of linking the five pillars of criminal justice
system together so as to achieve an interrelated scheme of
reciprocal responsibilities in its approach to community
involvement.
BREEDING GROUNDS OF CRIMINALITY (CAUSES OF CRIMES)
• Pre-Spanish Regime
- Headman or tribe leaders mandates all male
residents in the village to protect their crops from wild
animals.
• Spanish Regime
– Police force was considered part of the military
system by the Spanish Government.
– Functions:
• Suppress brigandage by patrolling unsettled
areas.
• Detection of spies as well as local petty uprising.
• The enforcement of tax collection and church
revenues.
Pre-Spanish Regime
Spanish Regime
POLICE FORCES UNDER THE SPANISH REGIME
• Carabineros de Seguridad Publica (Mounted Police)
– It was established on 1712
– It is responsible in carrying out the policies of the Spanish
government.
• Guardrilleros
- It refers to a body of rural police organized in every town.
- It was created by virtue of a Royal Decree on January 8, 1836.
- It was composed of 5% able bodied male inhabitants of each
town or province which has tenure of service for three (3) years.
- Functions:
• Guard municipal tribunals
• Patrol
• Guard prisons
• Guard mountains or buildings
• Carry mail
• Maintain peace and order
Carabineros de Seguridad Publica (Mounted Police)
Guardrilleros
• Cuerpo de Carabineros de Seguridad Publico
- It was established on December 20, 1842
- General Duties:
- prosecution of law breakers
- maintenance of peace and order
- Specific Duties:
– watching and guarding custom houses
– prevention of entry of contrabands
• Guardia Civil
- Police organization created by virtue of a royal decree on
February 12, 1852
- It relieved the Spanish peninsular troops
- It consisted of Filipino Policemen organized originally in each
provincial capitals of the central provinces of Luzon.
Cuerpo de Carabineros de Seguridad Publico
Guardia Civil
American Period
IMPORTANT DATES
• July 18, 1901 – creation of Insular Constabulary by
virtue of Act # 175.
• July 31, 1901 – Manila Police Department was
organized by virtue of Act # 183
• October 3, 1901 – Insular Constabulary was
changed to Philippine Constabulary by virtue of Act
# 255.
• January 2, 1942 – First element of the Japanese
Imperial Army called KEMPETAI entered Manila.
• February 7, 1945 – General McArthur returned to
the Philippines and the battle of manila ended.
KEMPETAI
Philippine Constabulary
IMPORTANT PERSONALITIES
• William Howard Taft – First Civil Governor of the Philippines.
• Capt. George Curry – First chief of Police of Manila Police
Department.
• Capt. Columbus E. Piatt – Last American chief of police of
Manila Police Department before the WWII broke out.
• Capt. Henry T. Allen – First chief of police of Philippine
Constabulary.
• Brig Gen. Rafael Crame – Became the first Filipino chief of
police of the Philippine Constabulary
• Col. Antonio C. Torres – First chief of police of Manila Police
Department when it became an all Filipino police organization.
• Col. Marcus Ellis Jones – First chief of police of Manila Police
Department upon the liberation of Manila from the Japanese
Imperial Army.
• Col. Lamberto T. Javalera – First chief of police of Manila Police
Department under the Republican government of then President
Roxas.
William Howard Taft
Capt. George Curry
Capt. Henry T. Allen
Brig Gen. Rafael Crame
Col. Antonio C. Torres
RELATED LAWS
• Republic Act # 4864
– It was enacted on September 8, 1966
– It created the office of the Police commission which was later called
NAPOLCOM under the office of the President.
– Its function is to oversee the training and professionalization of the
local police forces.
• Presidential Decree # 765
• It was enacted on August 8, 1975
• The law provides for the NAPOLCOM to be under the office of the
Ministry of National defense.
• Republic Act # 6975
• It was enacted on December 13, 1990
• It is otherwise known as the DILG Act of 1990.
• It abolished the PC/INP and created BJMP,BFP,PNP and PPSC.
• Republic Act # 8551
• It was created on February 25, 1998 which amended Republic Act 6975.
• It is otherwise known as the PNP Reform and Reorganization Act of 1998
• It provides for the reformation and professionalization of the PNP
THEORIES OF POLICE SERVICE
• Continental Theory –
Policemen are considered as
the servant of higher authority.
• Home-Rule Theory –
Policemen are considered as
the servant of the community.
PNP POWERS AND FUNCTIONS
• Statutory Functions
– Enforcement of laws and ordinances relative to the protection
of lives and properties.
– Maintain peace and order and take all necessary steps to
ensure public safety.
– Exercise the general powers to make arrest, search and
seizures in accordance with the constitution and pertinent laws.
– Investigate and prevent crimes, effect the arrest of criminals,
bring offenders to justice and assist in their prosecution.
– To assist other national government agencies,
instrumentalities, and subsidiaries in the enforcement of laws
pertinent thereto, upon proper request and or deputization.
– Detain an arrested person for a period not beyond what is
prescribed by law, informing the person so detained of all his
rights under the constitution and pertinent laws.
• Administrative Functions
– To issue licenses for the possession of firearms and
explosives in accordance with law.
– Supervise and control the training and operation of
security agencies, security guards, and private
detectives for the practice of their profession.
– Perform such other duties and exercise all other
functions as maybe provided by law.
• Miscellaneous Services
– Regulation of non criminal conduct such as traffic
control and management.
– Perform civic missions.
POLICE COMMUNITY RELATIONS
SPECIAL COURTS
• Court of tax Appeals – This was created under RA 1125, as amended,
this special court has appellate jurisdiction to review on appeal the
decision of the Commission of Internal Revenue involving internal
revenue taxes and decisions of the Commissioner of Customs involving
customs duties.
• Sandigan Bayan – The constitution provides that the National Assembly
shall create specialized court, popularly known as “Sandigan Bayan”. The
creation was made possible by PD #1606.
• ADMINISTRATIVE ACT OF
1987/E.O. 292 – BUREAU OF
CORRECTION
CORRECTIONAL PHILOSOPHY AND
PRACTICES
• DIVISIONS OF CRIMINOLOGY:
Sociology of Law is an attempt at scientific
analysis of the conditions under w/c criminal laws
develop and w/c is seldom included in the book of
criminology.
Criminal Etiology is an attempt of scientific analysis
of the causes of crimes.
Penology is concerned with the control of crime.
PENOLOGY
• CORPORAL PUNISHMENT
– It is the infliction of physical pain upon a
convicted criminal.
SCHOOL OF THOUGHT IN CRIMINOLOGY:
1.Classical Theory
1.Neo-Classical Theory
2.Positivist Theory
• CLASSICAL THEORY- Stresses on the crime
and not on the person or criminal offender. In
this approach, punishment, which is retributive
and punitive, is standardized and proportioned to
the gravity and nature of the offense. It assumes
that every individual has a free will, knows the
penal law. Moreover, it postulates that man is a
rational being and calculating being who acts
with reference to feelings of pleasure and pain.
Thus, he will refrain from criminal acts if imposed
punishment is sufficient to cancel hope of
possible gain and advantage.
• CESARE BECCARIA - (1738-1804)
an Italian writer, who collected and
presented the principles of
Montesquieu, Voltair, Rousseau and
other eighteenth century writers and
philosophers pertaining to crimes and
punishment into a small book entitled
“Crimes and Punishment” which was
published in 1764.
PRINCIPLES OF THE CLASSICAL SCHOOL:
Workhouses
European forerunners of the modern U.S.
prison, where offenders were sent to learn
discipline and regular work habits.
Developments in the United States
The Pre-colonial:
- informal prison system was community
based.
- Incarceration in order to prevent harming
the local residents.
- Punishments were provided by the
chieftains.
- Kalantiao and Maragtas Code
Spanish Regime:
- Formal prison system was established:
- Old bilibid prison or known as “Carcel y
Presidio Correccional” Established in 1847
pursuant to Section 1708 of the Revised
Administrative Code and formally opened by Royal
Decree in 1865
- and could accommodate 1,127 prisoners.
- One-half of the enclosed space was
assigned to Presidio prisoners and the
other half to Carcel prisoners.
San Ramon Prison and Penal Farm:
- in Zamboanga City was established to
confine Muslim rebels and recalcitrant
political prisoners opposed to the
Spanish rule.
- was originally set on a 1,414-hectare
sprawling estate.
The American and Commonwealth Governments:
Slogan:
Accounting Division
Administrative Division
Custodial Division
General Services Division
Prison Industries
- Agricultural division
- Industrial production division
- Sales collection division
Sections of the Bureau of Correction:
1. Psychiatric section
2. Vocational section
3. Receiving section
4. Medical correction section
5. Custodial correction section
6. Psychology section
7. Education section
8. Religion section
PROGRAMS AND SERVICES OF THE BUREAU OF CORRECTIONS:
1. Classification
2. Custody and control of prisoners
3. Inmate Work Program
4. Health Care Services
5. Education and Skills Training
6. Recreation and Sports
7. Religious and Spiritual Guidance
Program
8. Therapeutic Community Program
CLASSIFICATION:
ADMISSION:
- Documents required for the admission of new inmates:
a. Mittimus/commitment order of the court
b. Information filed by the Fiscal and court’s decision
c. Certificate of detention
d. Prison record
e. Pre – parole report and questionnaire, pre –
executive clemency report
f. Detainees manifestation (RA 6127)
g. Certification from warden
h. Certification that the case is not appealed
ORIENTATION:
Reception and Diagnostic center:
- handles the orientation, diagnosis and treatment of newly arrived
inmates
- during the first sixty (60) days
• 1. Those who are suffering from serious physical and/or mental disability
such as deaf mute, the lepers, the crippled, the blind, the senile, the bed-
ridden, and the like;
• 2. Those who do not need further supervision as evidenced by the following:
– (a) Consistent and religious compliance with all the conditions imposed
in the order granting probation;
– (b) Positive response to the programs of supervision designed for their
rehabilitation;
– (c) Significant improvements in their social and economic life;
– (d) Absence of any derogatory record while under probation;
– (e) Marked improvement in their outlook in life by becoming socially
aware and responsible members of the family and community; and
– (f) Significant growth in self-esteem, self-discipline and self-fulfillment;
• Provided, that, the probationers involved have already served one-third
(1/3) of the imposed period of probation; and provided further, that, in no
case shall the actual supervision period be less than six (6) months.
PAROLE AND PROBATION ADMINISTRATION: