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Criminal Justice System Notes
Criminal Justice System Notes
3. Corrections 3. Courts
Primary Goals of the CJS
1. To protect the members of the society 4. Corrections
2. The maintenance of peace and order.
Secondary Goals of the CJS 5. Community
1. The prevention of crime
2. The suppression of criminal conduct by
apprehending offenders for the
prevention is ineffective.
3. The review of the legality of our
preventive and suppressive measures. THE FIRST PILLAR (Law Enforcement)
4. The judicial determination of guilt or
innocence of those apprehended.
The Law Enforcement as the first pillar is
considered to be the “initiator” or the “prime- Functions of Law Enforcement relation to
mover” of the Criminal Justice System. administration of the CJS
-This pillar of the CJS involves prevention of the 1. To Prevent Criminal Behavior
commission of crime and the protection of life, 2. To reduce Crime
liberty and properties of the citizen. 3. To apprehend and arrest offenders
4. To protect the life and property
When they learn of the commission of crime 5. To regulate non-criminal conduct
or discover them, their specific duties are:
a. Investigate Crime The Evolution of Philippine Police Service
b. Arrest Suspects
c. Refer the case and the suspect to the SPANISH PERIOD
public prosecutor.
Carabineros de Seguridad Publica
Premier Law Enforcement Agencies Cuerpo de Seguridad Publica
1. The Philippine National Police Organized in 1712 for the purpose of
2. National Bureau of Investigation carrying the regulation of the Department
3. Bureau of Internal Revenue of state: this was armed and considered
as the mounted police.
Other Law Enforcement agencies in the
Philippines. Guardrilleros / Cuardillo
1. PCG- Philippine Coast Guard This was a body of rural police
2. PPA- Philippine Ports Authority organized in each town and
3. AFP- Armed Forces of the Philippines established by the Royal Decree of 18
4. AMLC- Anti- Money Laundering Council January 1836, this decree provide that
5. PDEA- Philippine Drug Enforcement 5% of the able-bodied male
Agency inhabitants of each province were to
6. BI- Bureau of Immigration be enlisted in this police
7. BOC- Bureau of Customs organization for three years.
8. PCTC- Philippine Center on
Transnational Crime Guardia Civil
9. ATC- Anti- Terrorism Council This was created by a Royal Decree
10. NICA- National Intelligence Coordinating issued by the Crown on 12 February
Agency 1852 to partially relieve the Spanish
11. MMDA- Metro Manila Development Peninsular troops of their work in
Authority policing towns; it considered of a
12. SEC- Securities and Exchange body of Filipino policemen organized
Commission originally in each of the provincial
13. LTO-Land Transportation Office capitals of the central provinces of
14. DOLE—Department of Labor and Luzon.
Employment
15. BFP- Bureau of Fire and Protection
16. BJMP- Bureau of Jail Management and
Penology
RA 6975- An act establishing the PNP What is Warrant of Arrest?
under a reorganized department of the Legal process issued by a
DILG and for other purposes, December competent authority, directing the
13, 1990. arrest of a person or persons upon
Interior and Local Government Act grounds stated therein.
of 1990
PNP Law Methods of Arrest:
DILG Law a. Arrest with warrant- by virtue of a
warrant of arrest issued by judge.
Philippine National Police b. Warrantless Arrest- effected by a
Organized pursuant to RA 6975, as peace officer or any private person on
amended by RA 8551 and RA 9708. the following strengths:
Establish and maintain one police force The person has committed is
which shall be national in scope and committing or is about to
civilian in character commit an offense.
A law enforcement agency under the An offense has been committed
operational control of DILG and and the arresting person has
administrative control and operational personal knowledge of facts
supervision of the National Police indicating the commission by
Commission. the offender.
The person to be arrested is an
PNP (RA 6975 sec.27 Statutory Powers escapee. (Rule 113, Section 5)
of the Police).
1. Enforce all laws and ordinances Constitutional Rights of Person under
relatives to the protection of lives Arrest
and properties; 1. Must be informed of his rights
2. Maintain peace and order and 2. No means of force to vitiate the free
ensure public safety; will shall be used against him.
3. Make arrest, search and seizures 3. Any confession or admission obtained
in accordance with Constitution in violation of his rights be admissible
and pertinent laws; in evidence against him.
4. Investigate and prevent crimes,
effect arrest and assist in THE SECOND PILLAR (Prosecution)
prosecution.
5. Detain arrested persons, informing Prosecution is the pillar in CJS which is
him of his rights under the mandated to investigate penal violations and
Constitution and pertinent laws. evaluate evidence in preliminary investigation.
PUNISHMENT
AREAS OF CORRECTION
- it is the redress that the state takes
against an offending member of society that
usually involve pain and suffering. Institution Based Corrections
ANCIENT FORMS:
1. Death Penalty (1) Department of Justice (DOJ)- takes
2. Physical Torture care of the National Prisoners. The
3. Social Degradation National Prison and Penal Farms which
4. Banishment or Exile is being supervised and administered by
5. Transportation and Slavery the Bureau of Corrections (BUCOR).
JUSTIFICATIONS OF PUNISHMENT Tasked to rehabilitate national prisoners
1. Retribution so they can become useful members of
2. Expiation or Atonement society upon completion of their
3. Deterrence sentence. These are the prisoners
4. Incapacitation and Protection whose penalty ranges from 3 YRS AND 1
5. Reformation or rehabilitation of behavior DAY to LIFE IMPRISONEMENT and
those convicted with the DEATH penalty.
NATIONAL PRISONERS are also referred to
PENALTY under the law as Insular Prisoners.
Non-Institutional Corrections
PRISONS and PENAL FARMS IN THE
PHILIPPINES Board of Pardons and Parole - was created
pursuant to Act No. 4103,as amended. It is the
NEW BILIBID PRISON intent of the law to uplift and redeem valuable
SAN RAMON PRISON AND PENAL FARM human material to economic usefulness and to
DAVAO PENAL COLONY prevent unnecessary and excessive deprivation
IWAHIG PENAL COLONY of personal liberty.
SABLAYAN PENAL COLONY FARM
LEYTE REGIONAL PRISON Basis for Grant of Executive Clemency
CORRECTIONAL INSTITUTION FOR WOMEN
The BPP recommends to the President the
grant of executive clemency
Prisoners- any person detained/ confined in jail/
or prison for the commission of offense or Executive Clemency- this is the power of the
convicted and serving sentence in the institution. president to mitigate whatever harshness might
be generated by an excessive harsh or strict
Mittimus- is a warrant issued by a court bearing application of the law.
its seal and the signature of the judge directing
the jail authorities to receive the convicted Is the power of the president
offender for service of sentence
How May Executive Clemency Be 2. a MINIMUM taken from the penalty next
Exercised? lower to that fixed in the code.
Reprieve - refers to the deferment of the The citizens can achieve these roles by , among
implementation of the sentence for an interval of others :
time; it does not annul the sentence but merely a. Identifying offenders
postpones or suspends its execution b. Volunteering as witnesses
c. Giving data about illegal activities
Commutation – refers to the reduction of
d. Adopting precautionary measures to
the duration of a prison sentence of a prisoner.
diminish crime.
1. a MAXIMUM taken from the penalty The 9 Policing Principles according to Sir
imposable under the penal code Robert Peel (1829)
that the police are the public and that the public
1. To prevent crime and disorder, as an are the police, the police being only members of
alternative to their repression by military force the public who are paid to give full-time attention
and severity of legal punishment. to duties which are incumbent on every citizen in
the interests of community welfare and
2. To recognize always that the power of the existence.
police to fulfill their functions and duties is
dependent on public approval of their existence, 8. To recognize always the need for strict
actions and behavior, and on their ability to adherence to police-executive functions, and to
secure and maintain public respect. refrain from even seeming to usurp the powers
of the judiciary of avenging individuals or the
3. To recognize always that to secure and State, and of authoritatively judging guilt and
maintain the respect and approval of the public punishing the guilty.
means also the securing of the willing
cooperation of the public in the task of securing 9. To recognize always that the test of police
observance of laws. efficiency is the absence of crime and disorder,
and not the visible evidence of police action in
4. To recognize always that the extent to which dealing with them.
the cooperation of the public can be secured
diminishes proportionately the necessity of the Accordingly, Peel believed that the police and
use of physical force and compulsion for the community are interdependent of each
achieving police objectives. others.
5. To seek and preserve public favor, not by Community Relations may be defined as the
pandering to public opinion, but by constantly total effort of the criminal justice system to
demonstrating absolute impartial service to law, become an accepted part of the community.
in complete independence of policy, and without
regard to the justice or injustice of the substance How can police-community relation be
of individual laws, by ready offering of individual achieved?
service and friendship to all members of the
public without regard to their wealth or social a. Through constant dialogues, and
standing, by ready exercise of courtesy and seminars.
friendly good humor, and by ready offering of b. The police must follow the rule of law on
individual sacrifice in protecting and preserving dealing with the citizens.
life.