criminal justice system

1. 1. I Is a legal process adapted by acivilized society in the prevention andsolution

of crimes which is carried onthrough INVESTIGATION and thepersons suspected
thereof is takeninto legal custody, prosecuted in acourt of law, and punished if
foundguilty, or acquitted if found innocent,provision being made for
his/hercorrection and rehabilitation
2. 2. An overview of the Philippine Criminal Justice system The Philippines, like any
other countrythat function under a system of ademocratic society, operates its
criminaljustice system apparatus whereby societyidentifies, investigates,
accuses, triesconvicts, punishes, and rehabilitationcriminal offenders. Hence, the
PhilippinesCriminal Justice System may be viewed inthree (3) challenging
perspectives, suchas the following:
3. 3. First It assert the idea of deterrence, the notion that the threat of sanctions can
prevent crimes by creating a fear of punishment for those who might break the
law;Second It adheres on the principles of the retribution, the idea that criminal
offenders deserve to suffer for the harm they have done, and their punishment
should be proportionate to the harm inflicted; andThird It support on the notion of
behavioral change, which proposes that criminal sanctions should aim to reform
convicted criminal offenders so that they will stay away from crime in the future.
4. 4. THE CRIMINAL JUSTICE SYSTEM AS PART OF THE TOTAL SOCIAL
SYSTEM IN THE PHILIPPINES In the Philippines the criminal justice line-
agencies is composed of, the Police, Prosecution, Court, Correctional
Institutions, Community ,as it is illustrated in the diagram below.
5. 5. Economic systemEducational system Technological system Health care
system Political system Criminal Justice system Other systems
6. 6. PROSECUTION LAW ENFORCEMENTJUDICIAL COMMUNITY
CORRECTIONAL
7. 7. The Formal Criminal Justice Process One way of understanding the
CriminalJustice is to view it as a process that takescriminal offender through a
series of the decisionpoints beginning with the arrest and concludingwith the
reentry into society. A comprehensiveview of formal Criminal Justice process
wouldnormally start with the interactions of the criminaljustice components as it is
shown on thediagram below whereby the flow of violatorspasses through criminal
Justice Systemsequential order.
8. 8. Community Violators CorrectionalLaw Enforcement Court Prosecutor Flow of
violators through the Criminal Justice System
9. 9. Police/Law Enforcement Specifically, the first stage in thecriminal justice
process pertainspolice or Law enforcement activitieswhich is carried on
 throughINVESTIGATION of crimes that arereported to or discovered by thepolice
or Law enforcers.
10. 10. A. POLICE INVESTIGATION1.Initial contact The initial contact with the
criminal justicesystem takes place as a result of a policeactions. Example. A
police assigned on patrol observed aperson actually committing a crime, or
contactedby a victim who reports a crime, the policerespond by going to the
scene of the crime toinvestigate.
11. 11. 2. Investigation The purpose of the investigatory stage is to gather sufficient
evidence to identify the suspect and support a legal arrest. The process of
investigation includes but not limited to:a. Surveillance and observation of
suspectsb. Taking of photographs surreptitiously or otherwise
12. 12. c. Interview of persons with personal knowledge of factsd. Entrapment
suspects ( with consent of the court) when feasiblee. Search of premises or
persons and seizures of objects, subject to constitutional and statutory
safeguardsf. Examination of public and other available records pertaining to
persons involved in crimes
13. 13. Arrest The arrest power of the police involved thetaking of a person into
custody in accordancewith lawful order and holding the person toanswer for a
violation of the criminal law. Custody The moment after an arrest is made ,the
detained suspect is considered underpolice custody and is now restricted of
hisfreedom of movement. The police maywish to search the suspect for weapon
orcontraband.
14. 14. Charging If the arresting officer or his superior believe that sufficient evidence
exists the person is charge with specific crime for which he had been arrested.
NOTE: In every stage of these processes, the police is mandated by law to
appraise the person or suspect of his constitutional rights, otherwise the failure
(intentional or unintentional) of the police will be held criminally liable for
noncompliance thereof.B. REFERRAL After the formal investigation has been
completed the police has to referred the investigation repiort to the prosecutors
office, including the evidences (Physical or documentary proof) and the suspect if
he is in custody.
15. 15. C. COURT APPEARANCE/DUTY The police (investigator orarresting officer)
when summon by thecourt must appear in court to stand aswitness for the
prosecution.
16. 16. PROSECUTION The prosecution arm of the government isgenerally vested
in the department of justice(Administrative code of 1987) under thedirection,
supervision and control of thesecretary of justice where the interest of
thegovernment is in issue. The prosecution serviceis made up of the Chief State
Prosecutor, TheRegional Prosecutors, The ProvincialProsecutors, The
City/Municipal Prosecutors,and such others Prosecutorial offices as may
beestablish by law.
17. 17. Secretary of the Dept. of Justice Undersecretary of the Dept. of JusticeCHIEF
STATE PROSECUTOR Investigation andAppeal Prosecution DivisionDivision
Legal Opinion DivisionRegional Sate Prosecutor, ProvincialProsecutor City
Municipal Prosecutor
18. 18. 1. EVALUATE, screen and review the police investigation report referred to
them or other complaint filed directly with them by individual persons (e.g. private
citizens who are victims or have personal knowledge of crime, government
officers in charge with the enforcement of the law violated.)
19. 19. 2. FILE THE CORRESPONDING INFORMATION OR CRIMINAL
COMPLAINT in the proper court of law on the basis of the evaluation of the proof
(evidence at hand)3. PROSECUTE The alleged offender in the court of law. That
is, if the element of the crime alleged to have been committed is present. It is the
prosecutor task of bringing the offender to the court through criminal
proceedings.
20. 20. THE PUBLIC ATTORNEYS OFFICE (PAO)THE DEFENDER The 1987
Philippine Constitution state in part, in all criminal prosecution, the accused shall
enjoy the rights to have assistance of counsel. Everyone rich or poor, is entitled
to be defended by a Public Defense attorney when charges are brought against
him or her, that is, if the individual cannot afford to pay or hire a private defense
counsel, the states must provide one free of charge.
21. 21. As soon as a person is arrested he or sheneeds a defense attorney. If such a
need doesnot immediately come to mind, the policeroutinely remind the suspect
that, you have theright to Attorney. And, the role of the defenseattorney begins
almost as soon as the arrestoccurs, for the accused needs the assistance
ofcounsel to make sure that the interrogation andother pretrial procedures are
conducted in aconstitutional manner. The defense counsel mayeven conduct his
own investigationindependently to assert the defense of theaccused.
22. 22. The organizational structure of the department of justice show the office of
the Public Attorney and its functions Secretary of JusticeUndersecretary of
Justice PUBLIC ATTORNEYS OFFICE Regional Offices District/City Offices
23. 23. Function To provide free legal assistance and services to indigent members
of society.Objectives Humanitarian and democratization of justice.Activities 1. to
render legal assistance, advice and counseling to indigents; 2. to render legal
documentation services to indigents; 3. to extend mediation services to indigents;
4. to represent indigents or immediate members of their families in all civil and
criminal cases, including administrative and labor cases; and 5. to assist or
represent indigents detention prisoners upon request.
24. 24. COURT Are the judicial tribunals upon which thejudicial power of the
government is vested in oneSupreme Court and such other courts that maybe
established by law. The Supreme Court is thehighest court of the land. It is a
review court oflast resort, for no appeal lies its judgments andfinal orders. It
 exercise appellate jurisdiction overcases decided by the Court of Appeals
orRegional Trial Courts. As a rule only question oflaw may be raised in appeal to
it.
25. 25. Appeals to the Supreme Court are never amatter of right. The only exception
to this rule iswhen the penalty of death, reclusion perpetua,or life imprisonment
has been imposed either bythe Regional Trial Court (RTC) or the Court
ofAppeals; where the case goes automatically tothe Supreme Court for review,
even if theaccused does not appeal. And in any of thesethree cases (penalty of
death, reclusionperpetua, or life imprisonment) the issues offacts and law may be
raised before and decidedby the Supreme Court
26. 26. Judicially, the power of the courts are: 1. To settle actual
controversiesinvolving rights which legally demandableand enforceable, and 2.
To determine whether or not therehas been a grave abuse of
discretionamounting to lack or excess of jurisdictionon the part of any branch or
instrumentallyof the gevernment.
27. 27. Jurisdiction of the Courts Jurisdiction as used in a judicial point of viesis
defined as the power to try and decide or hearand determine a cause. To try and
hear simply means to receiveevidence from the parties (including theirarguments
according to fixed of rules). To decide or to determine means to resolvethe
dispute by applying the law to the facts(established by evidence).
28. 28. THE BASIC COURT SYSTEM IN THE PHILIPPINES In the Supreme Court
(SC)Philippines theregular courts Review Courtengage in the Court of
Appealsadministration (CA)of justice isorganized intofour (4) levels Regional
Trialas depicted in Court (RTC)the following Trial courts Metropolitan TCdiagram
MTCC MCTC
29. 29. THE FOUR-LEVEL INTEGRATED COURT SYSTEM IN THE PHILIPPINES
FIRST LEVEL COURTSA. Metropolitan Trial CourtsB. Municipal Trial Courts (in
Cities)C. Municipal Circuit Trial Courts They try and decide only the particular
types or classes of cases specified by law. Criminal action within their respective
jurisdiction includes those involving violation of city and municipal ordinances
committed within their respective jurisdictions, and offenses punishable with
imprisonment not exceeding six (6) years.
30. 30. SECOND LEVEL COURTS At the second level courts are theRegional Trial
Courts which composes ofseveral branches. They are courts ofgeneral
jurisdiction; they try and decidenot only the particular or kind of casesassigned to
them by law, but also thosewhich are not otherwise within thejurisdiction of the
courts of the first level.
31. 31. THIRD LEVEL COURT At the third level is the Court ofAppeals (CA). It is
essentially an appellatecourt (not a trial court), it review casesappealed to it from
the Regional TrialCourts. It may review cases on Questionof facts and law.
32. 32. FOURTH LEVEL COURTAt the fourth level court is the SupremeCourt (SC).
It is the highest court of theland. It is the court of last resort, for noappeal lies
from its final judgments andfinal orders. It exercises appellatejurisdiction over
cases decided by theCourt of Appeals or the Regional TrialCourts. As a rule, only
question of lawmay be raised in appeal to it.
33. 33. In Summary, the role of the Courts in criminal action proper start with: a.
issuance of the Warrant of Arrest b. to Arraignment c. to Pre-trial Conference d.
to trial e. to judgment f. an d finally to the execution of the sentence.
34. 34. CORRECTIONAL INSTITUTIONS The fourth stage in the Criminal
Justiceprocess refers to the penal or correctionalprocess which primarily involved
in the custodyand safe-keeping of convicts criminal offenders.Hence, when the
court find the accused guilty(as charged) beyond reasonable doubt, itsentence
him with the corresponding penalty.And, if the penalty becomes final and
executory,the offender is passed on the CorrectionalInstitutions.
35. 35. Further, as a form of punishment, theisolation of the convicts by
imprisonmentfor the period laid down by the courts, or inextreme cases, their
execution by themethod prescribed by law, includingcorrection and rehabilitation,
are functionsundertaken by the institution, set up by thelaw; that is, the Bureau of
Corrections,The Parole and Probation Administration
36. 36. COMMUNITY The fifth stage in the criminal justice processrefers to the
participation of the community atlarge in the detection and prevention of all
formof criminal activities. In particular, members ofthe community having
knowledge of factsrelevant to the investigation and prosecution ofcrimes, are
expected to cooperate with the lawenforcers and investigators, by reporting
crimesand giving of evidence against the offenders.The community (law-abiding
citizens) is a potentsource of information as regards to crimes andcriminals.
37. 37. Information Filed Decision to Preliminary Charge Examination Arrest or
Defendant NOTInvestigation Held to Answer C.T Decision to Charge C.T Guilty
Parole Pleading Convicted Plea and/or Convicted Negotiation Arraignment
Probation Not Trial Guilty Case TerminatedC.T Acquitted C.T Release after
service of sentence ROUTE OF THE ACCUSATORY PLEADING IN FELONY
PROSECUTION