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Overview of the Criminal Justice System

The document outlines the principles and components of the Criminal Justice System, including the roles of law enforcement, prosecution, courts, corrections, and community. It contrasts classical, positivist, and neo-classical theories of crime, emphasizing the importance of laws and the definitions of crime and criminal law. Key legal principles such as nullum crimen and actus non facit reum are also discussed, along with the fundamentals of criminal law regarding prospectivity, generality, and territoriality.

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6 views3 pages

Overview of the Criminal Justice System

The document outlines the principles and components of the Criminal Justice System, including the roles of law enforcement, prosecution, courts, corrections, and community. It contrasts classical, positivist, and neo-classical theories of crime, emphasizing the importance of laws and the definitions of crime and criminal law. Key legal principles such as nullum crimen and actus non facit reum are also discussed, along with the fundamentals of criminal law regarding prospectivity, generality, and territoriality.

Uploaded by

melicor.richclerky
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Criminal Justice System (CLJ 1)

LADY JUSTICE

 This national symbol represents the fairness.


 She is carrying scales that represents balance in all things.
 She is blindfolded in order to be fair to everyone.
 She has a sword to defend everyone’s rights.

Classical School Positivist

The focus is the crime or the The focus is the man not the
criminal act crime

Hedonistic: free willed Malleable: determined by


rationality, morally biological, psychological and
responsible for own behavior social environment

Social contract; exist to Scientific treatment system


protect society to cure pathologies and
rehabilitate offenders

Statutory Law Social law; scientific expert


determine social harm and
proper form of treatment.

Punishment for deterrence; Treatment and reform;


sentencing are determinate sentence are indeterminate

Philosopher; social reformers Scientists; treatment expert.

Neo- Classical
 Accept the fact that crime committed in accordance with the free will of man but the act of
committing a crime is modified by some causes that finally prevail;

1. Pathology
2. Incompetence
3. Insanity
Criminal Justice System
 May be viewed or defined as the system of law enforcement.
 Involves a number of government agencies that ensures the prosecution of the public,
 Is the machinery in which society used in the prevention, suppression and control of crimes.
5 PILLARS OF CRIMINAL JUSTICE SYSTEM;

1. Law Enforcement
2. Prosecution
3. Court
4. Correction
5. Community

Nullum crimen, nulla poena sine lege


 There is no crime, when there’s no law punishing it.
Actus non facit reum, nisi mens rea
 A crime is not commited if the mind of the person performing the act complained be innocent.
Actus me invito factus, non est meus actus
 An act done by a person against his will is not his act.
Mala in se
 Crime that is considered wrong in and of itself.
Mala prohibita
 Pertain to those acts that have been criminalized for regulatory purposes.

Crime
 As voluntary and intentional violation by legally competent person.

Criminal Law
 Defined as the branch of public law, which defines crimes, treats of their nature and provide
for their punishment.

Substantive Criminal Law


 Defines the elements that are necessary for an act to constitute a crime and therefore
punishable.

1. RPC
2. PD
3. Special Law
4. City and Municipal Ordinance
Procedural Criminal Law
 Refers to a statute that provides procedures appropriate for the enforcement of the
substantive criminal law.

1. Philippine Constitution
2. Criminal Procedures; Rules of Court
3. Other rules on CP promulgated by the Supreme Court

FUNDAMENTALS OF CRIMINAL LAW (PGT)

Prospectivity (When)
 Means that penal laws can only punish an act committed after its effectivity. It cannot penalize
an act that was not punishable at the time of its commission. It cannot be given retroactive
effect UNLESS favorable to the accused who is not a habitual delinquent.

Generality (Who)
 Binding to all person who live or sojourn the Philippine Archipelago.

Territoriality (Where)
 Enforce within the Philippine Island.

French rule
 Is that crimes committed on board are not triable in our country unless those affect the peace
and security of our country.

English rule
 is that crimes are triable unless such crimes affect merely the internal management of the
vessel.

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