"COURT"

(3rd Pillar of CJS)

Define court and
explain its
concept in
relation to the
administration of
CJS.
In our Criminal Justice System, a
separate judicial branch is
viewed as necessary for assuring
that the constitutional and
statutory rights of citizens are
not controlled by political
pressures.
This is the reason why the
framers of our Constitution
established three branches of
government at the national level
legislative, executive, and
judicial- and provided for the
establishment of one Supreme
Court. This is so, because they
envisioned a separation of the
powers of these three branches,
although there is some overlap.
Such separation of powers
ensures the independence of
each co-equal branch.
However, because the courts have limited
enforcement powers, they usually rely on the
executive branch for the enforcement of their
decisions.
Enumerate the general functions of the courts In relation
to the CJS.
They are the following:
• 1.To protect the rights of the accused.
The courts are responsible for reviewing
the actions of law enforcement agencies
to ensure that the police have not
violated the rights of the accused.
• 2.To determine by all legal means
whether a person is guilty of a crime.
Review all the evidences presented by the
police to determine its relevance and
admissibility in accordance with the
Constitution and the rules of court.
• 3.To dispose properly of those convicted
of the crimes. The courts have the
responsibility to examine the background
of the accused and the Circumstances of
the crime.
• 4.To protect the society. After the
accused has Been found guilty, the court
may determine if the offender should be
removed from society and incarcerated in
order to protect the safety of life and
property and this is especially true in case
of probation.
• 5.To prevent and reduce criminal
behavior. This is the task of properly
imposing the proper penalty and
sanctions that will serve to deter the
future criminal acts by the offender and
also serve as an example and deterrent to
others who would commit criminal acts or
threaten public safety.
When does the role of judges in criminal
case begin? Is it only during trial?
• The role or participation of judges in the
criminal justice system, actually, begins
long before the actual trial takes place.
The following activities attest to this
role of the judges before trial.
• Judges determine whether there is
probable cause for the issuance of the
warrant of arrest or search warrant.
• They determine whether the accused will be
released on bail or the amount of bail to be
posted.

They hear and rule on the motions made by

the defense and the prosecutor before trial.
What is the importance of the courts
in the administration of CJS?
• The court is important in the administration of the
CJS because the court is the final arbiter of all
disputes or issues involving violations of criminal
law or other laws as the nature of the case may be..
• Basic is the principle in law that we are a
government of law and that no one should put the
law into one’s own hand. Otherwise, our society
will be one where chaos and anarchy reign
supreme. Ours will be, then, one governed by the
law of the jungle, so to speak. “Lex taliones” an eye
for an eye; a tooth for a tooth.
THAT'S ALL, THANK
YOU!