Criminal Justice Sytem

8/4/2019 Criminal Justice Sytem

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CRIMINAL JUSTICE SYTEM

Criminal Investigation Course



Introduction

Crime is a multi-faceted social problem.Addressing this problem undergoes a processwhere the community and government workstogether to address the problem in law. The

Criminal Justice System is the practices andinstitution of government directed at upholdingsocial control, deterring and mitigating crime andsanctioning those who violates laws with criminalpenalties and rehabilitation efforts.

Since this a community pillar activity, it issignificant to share the prevailing notions thatguide the thinking of the people regarding theworkings of CJS.



Learning Goal:

This lesson aims to inform theparticipants how the five components of CJS works separately and independentlyaccording to their mandated functions.This will also induce their awareness of their role as police officers in crime

solution and prevention.



Learning Objectives:

At the end of the session, participants will beable to:

1. Define the Criminal Justice System;2. Enumerate the five major components of the

CJS and how each component operates in theSystem;

3. Multi-Disciplinary Approach to Crime Solution(Barangay Justice System)

4. Understanding the Importance of coordination among the five pillars of theCJS.



Definition of the Criminal Justice System

The Criminal Justice System (CJS) is the machinerywhich society uses in the prevention and control of crime.The process is the totality of the activities of lawenforcers, prosecutors, defense lawyers, judges and

corrections personnel, as well as those of the mobilizedcommunity in crime prevention and control.

The System works in order to prevent and control the

commission of crime, enforcement of the law, safeguardlives, individual rights, and properties, investigate,apprehend, prosecute and sentence those who violatedthe rules of society and rehabilitate the convicts andreintegrate them into the community as law-abiding

citizens.



Components of the Criminal Justice

System

a. Law Enforcement

b. Prosecution

c. Courts

d. Corrections

e. Mobilized Community

The government is responsible for providing the mechanism for

enforcing laws. This mechanism is the five pillars of criminal justice system. The judiciary provides for the settlement of conflicts and legal remedies, law enforcement agencies enforcelaws, rules and regulations. The 1987 Constitution enunciatesthe role of the state as follows;



“The Primary duty of the government isto serve and protect the people”

“The maintenance of peace and order,the protection of life, liberty and

property and the promotion of the

general welfare are essential for theenjoyment by all the people of theblessings of democracy”





a. Prevent the commission of crime and protectlife, individual rights and property of citizens;

b. Enforce the law and remove dangerous

persons from the community;

c. Investigate, apprehend, prosecute andsentence those who cannot be deterred fromviolating the rules of society; and

d. Rehabilitate offenders, and return them to thecommunity as law abiding citizens.



Law Enforcement Pillar

The first pillar is responsible for the preventionof the commission of crime, the protection of thelife, liberty and property, and in generally

maintaining community peace and order. This isprimary undertaken by the Philippine NationalPolice (PNP) and the National Bureau of Investigation. There are other government

agencies, such as the Bureau of Immigration andInternal Revenue, which are also mandated toenforce specific laws.



Prosecution Pillar

Prosecution Pillar, which is the

responsibility of the National ProsecutionService (NPS) of the Department of Justice (DOJ), NPS Prosecutes casesfiled in the evaluation. It takes care of

the investigation of the complaint.



Courts Pillar

The third pillar of the CJS is theforum where the prosecution is given

the opportunity to prove that there is astrong evidence of guilt against theaccused. It is also in the courts thatthe accused is given his “day in court” to disprove the accusation against him.



Correction Pillar

The correction pillar administers the prisonand jail systems through corrective,rehabilitative and restorative measures. It also

administers death penalty to offenders who arefound guilty of committing heinous crimes. TheBureau of Corrections, Parole and ProbationAdministration, Board of Pardon and Parole,

Bureau of Jail Management and Penology,Department of Social Welfare and Developmentand the local government units are involved inthis pillar.



Community Pillar

Community Pillar collectively imposeslimitations on individual’s behavior of citizensfor the common good of civilized and

democratic society. The community pillarscomprise of the citizenry as a whole and thevarious non-government organization, civilsociety groups, people’s organizations,

academe, religious organization and other civicorganizations that represent citizen interest andcause.



The fifth pillar has two-folded role:

First, it has the responsibility to participate inlaw Enforcement activities by being partners of

the peace Officers in reporting the crimeincident, and helping in the arrest of theoffender.

Second, it has the responsibility to participate in

the promotion of peace and order through crimeprevention or deterrence and in therehabilitation of convicts and their reintegrationto society.



Barangay Justice System

Katarungang Pambarangay is in force by virtue of PD1508 as amended by RA 7610. It provides for thecreation of lupon tagapamayapa who shall exerciseadministrative supervision of amicable settlement of all

disputes covered by the katarungang pamabarangay law.In principle, Katarungang Pambarangay is an informalpart of the Court because there is complaints either civilor criminal which requires undergoing the process of reconciliation. The creation of Katarungang Pambarangayaims to provide speedy resolution of court dockets

through conciliation, mediation, and arbitration to avoidmockery in the dispensation of justice in court.

Documents

Criminal Justice Sytem