Topics to Be Discuss for Criminology

7/28/2019 Topics to Be Discuss for Criminology

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PARALEGAL SERVICE

I Introduction/Overview of BJMP

a.) Five Pillars of Criminal Justice System in relation to BJMP

5.) Community ---------------------------- Suspect1.) Law Enforcement ------------------- Subject2.) Prosecution ---------------------------- Respondent3.) Court ------------------------------------- Accused4.) Correction BJMP ----------------------- Detainee

City Prisoner (1day-3years)

Municipal Prisoner (1day-6months)

- BuCor ------------------------- Insular Prisoner (3yearsand 1day- lifeimprisonment/ reclusionperpetua)

b.) RA 6975 & RA 9263

Our Mandate:

The Bureau of Jail Management and Penology (BJMP) wascreated on January 2, 1991 pursuant to Republic Act No. 6975,

replacing its forerunner, the defunct Philippine Constabulary /Integrated National Police. The BJMP has jurisdiction over all district,city and municipal jails. It is line bureau of the Department ofInterior and Local Government (DILG). As such, it shall ensure theestablishment of secured, clean, adequately equipped and sanitaryfacilities and provision of quality services for the custody, safekeepingand development of district, city and municipal inmates, any fugitivefrom justice, or person detained, awaiting or undergoing investigationor trial and / or violent mentally ill person who endangers him/herselfor the safety of others as certified by the proper medical or healthofficer, pending transfer to a mental institution.

Pursuant to Republic Act No. 9263 also known as The BFP andBJMP Professionalization Act of 2004 the BJMP is envisioned toinstitutionalize a highly efficient and competent jail service.

Our Vision:


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The BJMP envisions itself as a dynamic institution highly regardedfor its sustained humane safekeeping and development of inmates.

Our Mission:

The Bureau aims to enhance public safety by providing humanesafekeeping and development of inmates in all district, city andmunicipal jails.

Our Functions:

In line with its mission, the Jail Bureau endeavors to perform thefollowing functions:

1.) Formulate policies and guidelines in the administration ofall district, city and municipal nationwide;

2.) Implement strong security measures for the control ofinmates;

3.) Provide for the basic needs of inmates;4.) Conduct activities for the development of inmates; Improve

jail facilities; and,5.) Promote the general welfare and development of

personnel.

Our Objectives:

1.) To improve the living conditions of inmates in accordance

with the accepted standards set by the United Nations2.) To enhance the safekeeping and development of inmates

in preparation for their eventual reintegration into the mainstream ofsociety upon their release

3.) To professionalize jail services.

Our Core Values:

1.) Commitment2.) Respect for Human Rights3.) Efficiency / Competence

4.) Self-Discipline5.) Teamwork

Our Core Competencies:

1.) Continuous skills enhancement of personnel2.) Ability to establish linkages and partnerships3.) Responsive planning


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4.) Timely decision-making5.) Expedient implementation

II Safekeeping

a.) Types of Custody

1.) Legal/Juridical Custody Court2.) Real/Physical Custody - BJMP

b.) Rule I Commitment and Classification of Prisoners or Detaineesc.) Rule II Reception Proceduresd.) Rule III Treatment of Inmates with Special Needse.) Rule IV- Custody, Security and Control

III Inmates Welfare and Development Program (IWDP)

IV Rights of the Accused

a.) Constitutional Rights:1.) Adequate LEGAL ASSISTANCE;2.) When under investigation for the commission of an

offense, to be INFORMED of his right to remain SILENTand to have a COUNSEL;

3.) Against the use of TORTURE, FORCE, VIOLENCE, THREAT,INTIMIDATION or any other means which vitiates free will;

4.) Against being held in SECRET, INCOMMUNICADO, or similarforms of solitary detention;

5.) BAIL;

6.) DUE PROCESS of LAW;7.) HEARD by himself or counsel;8.) PRESUMPTION of INNOCENCE;9.) INFORMED of the nature and cause of accusation against

him;10.) SPEEDY,IMPARTIAL and PUBLIC trial;11.) MEET the witness face to face;12.) COMPULSORY PROCESS to secure the attendance of

witnesses and production of evidences in his behalf;13.) Against SELF-INCRIMINATION;14.) Against detention by reason of POLITICAL BELIEFS and

aspirations;15.) Against EXCESSIVE FINES;16.) Against CRUEL, DEGRADING or INHUMAN punishment;17.) Against infliction of DEATH PENALTY except for heinous

crimes; and18.) Against DOUBLE JEOPARDY.


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b.) Statutory Rights:1.) Appeal; and2.) Preliminary Investigation.

c.) Rights During Confinement:

d.) Privileges During Confinement:

V Modes of Releases

a.) Before Conviction1.) Bail2.) Release on Recognizance3.) Case Dismissed4.) Accused Acquitted5.) Preventive Imprisonment

b.) After Conviction1.) Service of Sentence2.) Probation3.) Parole4.) Pardon5.) Amnesty

c.) Before/After Conviction1.) Petition for Writ Habeas Corpus2.) Petition for Writ of Amparo

3.) Petition for Writ of Habeas Data4.) Marriage/Forgiveness of the Offender by the Offended

Party by on Certain Crimes5.) Death6.) Escape from Confinement

VI Job of Paralegal Officers

1.) Follow-up cases of inmates with the Courts, PublicAttorneys Office, City Prosecutors Office, Parole and Probation and

their lawyers.

2.) Confer and discuss with inmates regarding their cases.

3.) Conduct orientation on the newly committed inmates withregards to the modes of early releases, their rights and obligations andJails Rules and Regulations.


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4.) Draft and send reply and communications in so far asparalegal matters are concerned.

5.) Perform other legal and paralegal functions as may bedirected by the Warden.

Documents

Topics to Be Discuss for Criminology