

Criminal
Justice
System
 

- Criminal Justice System is defined as the

machinery of the State or government, which
enforces the rules of conduct necessary to protect
life and property and maintain peace and order.

- The sum total of instrumentation of which a society

uses in the prevention and control of crime and
delinquency .
Purposes
or Goals 
of
Criminal Primary Goals
Justice
System

 The following are the main priorities

of the criminal justice pillars:
1. Maintenance of peace and order
2. Protection of members of the
society
Purposes Secondary Goal/Sub-Goals
or Goals 
of
Criminal
Justice  Aside from the primary goals, there are also sub-goals which
System
cannot be taken for granted. Below are some of those:

1. Crime prevention

2. Review of the legality of preventive and suppressive

measures.
3. Judicial determination of guilt or innocence as those
apprehended.
4. Proper disposition of those who have been legally found
guilty.
5. Correction by socially approved means of the behavior of
those who violates the criminal law.
6. Suppression of criminal conduct by apprehending offenders
for whom prevention is ineffective.
 
Law
The instrument in achieving justice.

A major input in the criminal justice system.

Law is society’s primary instrument for making

known what acts are considered crime and what
sanctions may be applied to those who commit acts
defined as crimes.

JUSTICE

The criminal justice system is intended to deal with

crime. It is expected to do so by applying the law and
producing results that approximate justice. Indeed,
JUSTICE is the primary output of the system and the
bottom line of the process.


CRIME

!!!CRIME
!!! is in the center of the
cycle
 

 It is an act or omission that constitutes an

offense that may be prosecuted by the state
and is punishable by law.

SUB-CLASSIFICATION OF CRIMES

FELONY OFFENSE INFRACTION OF LAW

Revised Penal Code Special Law Ordinance

(Act 3815)

CLASSES OF CRIME
1. Crime Mala in Se (Wrongful in Nature)
 Acts that are outlawed because they violate basic moral values such as rape, murder,
assault and robbery.

2. Crime Mala Prohibita

Acts that are outlawed because they clash with current norms and public opinion, such
as tax, traffic and drug laws.
 
ANATOMY OF CRIME

Basically, the role of the police in society is crime prevention

which is the main goal of the CJS. They are the initiator of CJS.

CJS as a System

 Is one which consists of several parts that interacts

with each other to produce some results, serve
some functions, or meet some objectives. Each part
of the system is expected to perform their
responsibilities for the attainment of their common
goals and objectives.
 
CJS Characteristics

 1. systems have identifiable components- there are

parts or elements, structures that perform certain
function that contribute to the functioning of the
system.- known as the PILLARS
 
CJS Characteristics

 2. each system constitutes an identifiable whole-

this means that we can distinguish one system from
the other. Each has its function to perform within the
system.
 
CJS Characteristics

 3. the system’s components are interdependent-the

elements of a system affect each other and depend
on each other. One element cannot function without
the input from the other. Although the parts or
components are independent from each other, they
serve a common goal.
 
CJS Characteristics

 4. each system operates within an in environment-

an environment consists of any element outside the
system’s boundary. All other systems in our society
outside the CJS are part of its environment.

CJS as a process

 Refers to the orderly progression of events from the

time a person is arrested or taken out of the
community, investigated, prosecuted, sentenced,
punished, rehabilitated, and eventually returned to
the community.

Two Popular Approaches of
Criminal Justice

 Adversarial Approach

 Inquisitorial Approach
 
Differences of
Adversarial and Inquisitorial

 Common law countries use an adversarial system to

determine facts in the adjudication process. The
prosecution and defense compete against each other,
and the judge serves as a referee to ensure fairness
to the accused, and that the legal rules of criminal
procedure is followed. The adversarial system
assumes that the best way to get to the truth of a
matter is through a competitive process to determine
the facts and application of the law accurately.
 In the adversarial system the role
of the court is primarily that of an
impartial referee between the
prosecution and the defense.
 
Differences of
Adversarial and Inquisitorial

 The inquisitorial system is associated with civil law

legal systems or legal systems based on Islamic
law. It is characterized by extensive pre-trial
investigation and interrogations with the objective to
avoid bringing an innocent person to trial. The
inquisitorial process can be described as an official
inquiry to ascertain the truth, it grants more power
to the judge who oversees the process, (Dammer
and Albanese, 2014; Reichel, 2017).
 In the inquisitorial system, the
court or a part of the court is
actively involved in investigating
the facts of the case.
 
Common Law vs. Civil Law

 The main difference between the two

systems is that in common law countries,
case law — in the form of published judicial
opinions — is of primary importance, whereas
in civil law systems, codified statutes
predominate.
 The five stages of the CJS


 1. ARREST

 the taking of the person into custody in order

that he may be bound to answer for the
commission of an offense.
 Could be done through;

 A. POLICE OBSERVATION-ARREST-BOOKING-
INVESTIGATION
 B. COMPLAINT- INVESTIGATION-ARREST-
BOOKING
 The five stages of the CJS


 2. CHARGING STAGE

 police output in the form of an arrested or

booked suspect becomes input in the
charging stage. The prosecution will decide
whether the suspect will be tried for the
commission of a crime (finding of probable
cause). At this point, evidence will be
evaluated, law is studied, even interview of
witnesses and police investigators to aid
the decision whether to proceed to the
next level.
 The five stages of the CJS


 3. ADJUDICATION STAGE

 this is done in court, here, there is already

a formal charges filed against the accused.
THE TRIAL PROCEDURE COMMENCE AT
THIS STAGE.
 The five stages of the CJS


 4. SENTENCING

 A convection becomes the input of the

fourth stage. In sentencing, the judge will
consider all circumstances surrounding the
case and it is his duty to apply the
provisions of the law in rendering
punishment or sentence against the
accused.
 The five stages of the CJS


 5. CORRECTION STAGE

 In this stage, it involves the convicted person’s

serving of the sentence imposed. It is the stage
where the offender will be reformed and
rehabilitated prior to his reintegration in the
community.
 
CRIMINAL IN RELATION TO
CRIMINAL JUSTICE SYSTEM

The criminal is the main character or the principal actor, so

to speak, of the Criminal Justice System. Some authors
even refer to him as the superstar, if you will, because
upon him the pillars of the system REVOLVE.


What is CRIMINAL??

LEGAL SOCIOLOGICAL

Is a “convicted” A person who violated a

person whose behavior social norm or one who
does not follow the did an anti-social act
general pattern
approved by law-abiding
society
 

Nomenclatures given to the person who is

being processed under the Criminal Justice
System?

They are the following:

1. At the police stage, during investigation or custodial

interrogation regarding his/her involvement or participation in
the commission of the crime, he/she is referred to as the
SUSPECT.

2. At the Prosecutors office, during the determination of

probable cause or during the Preliminary Investigation, he is
referred to as the RESPONDENT.
Nomenclatures given to the person who is
being processed under the Criminal Justice
System?

3. At the trial of the case, when a case has been filed in

Court, he is referred to as the ACCUSED.

4. When the court finds the accused guilty beyond

reasonable doubt, and now serving his sentence inside the
correctional institution he is referred to as a PERSON
DEPRIVED OF LIBERTY (PDL)
 

What are the two basic principles of

criminal law in the administration of the
Criminal Justice System in the
Philippines?

Our system of justice operates on two key

principles of criminal law.
 
FIRST

“The Presumption of
Innocence”

Thus, the accused is entitled to all the rights of the

citizens until his/her guilt has been determined by the
court or by his/her acknowledgement of his/her guilt
that he or she indeed committed the crime.
[1] Art. III, Sec. 14 (2), Phil. Constitution.
 
Concept of the Principle of
Presumption of Innocence

 It is so provided by no less than the

Constitution of the Philippines.

 It follows, therefore, that the accused is

entitled to all the rights of an individual citizen
until the guilt is proven.
 
SECOND

“The Burden of Proof”

In criminal prosecutions, the state is given a difficult burden. Nevertheless, it is the bedrock of our social and through it, our legal system.
[1] Rule 133, Sec. 2, Rules of Court.

It is incumbent upon the prosecutor to prove that the

accused is guilty as charged. And in so doing, he/she
must rely on the strength of his/her evidence and not
on the weakness of the accused’s evidence.
 Criminal Law

In our setting, Criminal law is defined as that branch

of public law, which defines crimes, treats of their
nature, and provides for their punishment.
 
TWO CLASSIFICATIONS OF
CRIMINAL LAW
SUBSTANTIVE PROCEDURAL

-defines the elements refers to a statute that

that are necessary for an provides procedures
act to constitute as a appropriate for the
crime and therefore enforcement of the
punishable. Substantive Criminal
Law.

PHILIPPINES CJS