Criminal Justice System

Chapter 1-2

**Criminal Justice System**

Refers to the system used by the government to maintain social control, enforce laws, prosecute offenses, and administer justice, sentencing and rehabilitation of offenders (Cutamora, 2011).

* Headed by Director General 
* DG has two assistants called Deputy Director General (1) Administration; (2) Operations

PDEA **Organizational Structure**

**PDEA Academy** 

* Serves as the training center of all aspiring PDEA agents 
* Serves as the Administration Support Service

**Retributive Justice**

Fuel support for capital punishment for murder, amputation for theft.

Criminal Justice System

Refers to the __**system used by the government**__ to __maintain social control, enforce laws, prosecute offenses, and administer justice, sentencing and rehabilitation of offenders (Cutamora, 2011)__

Criminal Justice System

* The system or process in the community by which crimes are investigated, and the persons suspected thereof are taken into custody, prosecuted in court, and punished if found guilty, provision being made for their correction and rehabilitation. (Handbook on the Courts and the CJS, by Chief Justice Andres Narvasa, 1996) 

Justice

Criminal Control

Goals of Criminal Justice

Justice

It involves balancing the rights of victims and the rights of accused criminals, and how these individual rights are related to one another and social control.

Crime Control

It involves prevention and going after criminal offenders, through arrest, prosecution, criminal conviction, and punishment. 

Criminal Justice System

crime prevention and crime reduction

Criminal Justice System

encompasses “a chain of events, activities, tasks, or functions that constitute the official response to perceived problems of law and order”

Criminal Justice System

the hearing of criminal cases by the courts, sentencing, administration and enforcement of court orders, parole and other forms of license for prisoners, and the work with offenders and ex-offenders in prison or in the community

**Law Enforcement Pillar, Prosecution Pillar,  Courts Pillar, Corrections Pillar, Community Pillar**

**The Five Pillars of the Philippine CJS**

**Law Enforcement Pillar**

Composed of five (5) major law enforcement agencies, such as the Philippine National Police (PNP), National Bureau of Investigation (NBI), Philippine Drug Enforcement Agency (PDEA), Bureau of Immigration and Deportation (BID), and Bureau of Customs (BOC).

Five major law enforcement agencies

PNP,PDEA,NBI,BID,BOC

**Law Enforcement Pillar**

This Pillar consists of agencies that are “at the forefront of the Criminal Justice System of the country.

**Law Enforcement Pillar**

This Pillar directly deal with the citizens and are directly exposed to the criminal elements.

National Prosecution Service of the DOJ, Office of the Ombudsman, Public Attorney’s Office

The Prosecution Pillar is consists of:

Prosecution Pillar

The focus of this pillar is the speedy disposition of cases.

**Prosecution Pillar**

Its principal task is the investigation of criminal complaints emanating from the community and the law enforcement agencies and bringing these complaints to their successful prosecution in the judicial system.

**Prosecution Pillar**

This Pillar conducts preliminary investigation of cases filed in the prosecutor’s office and prosecutes cases filed in the court against alleged offenders after probable cause is established.

**Courts Pillar**

This Pillar adjudicates cases and renders judgment.

**Courts Pillar**

The Philippine Judiciary is a four tiered court system consisting of the Supreme Court as the highest court of the land, the intermediate courts consisting of the Court of Appeals, Sandiganbayan, and Court of Tax Appeals, the second level courts, which consist of Regional Trial Courts and Shari’a District Courts, and the first level courts consisting of Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts and Shari’a Circuit Courts.

Philippine Judiciary

a four tiered court system

Philippine Judiciary

This consisting of the Supreme Court as the highest court of the land, the (2) intermediate courts consisting of the Court of Appeals, Sandiganbayan, and Court of Tax Appeals, the second level courts, which consist of Regional Trial Courts and Shari’a District Courts, and the first level courts consisting of Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts and Shari’a Circuit Courts.

Courts Pillar

The goal of this pillar is not merely to adjudicate cases, but to do so in accordance with the Rule of Law and “without sacrificing the quality of justice.”

Courts Pillar

The overall performance of the CJS may be determined by the performance of this pillar.

Courts Pillar

Many of the factors that affect the disposition of a litigation – such as those that are in relation to the procurement of witnesses and evidence, the determination of probable cause and the like – are clearly outside of the control of the Judiciary.

**Corrections Pillar**

This Pillar Composed of the jails and prisons administered by the Bureau of Corrections (BUCOR), the Bureau of Jail Management and Penology, and by the local government units with regard to provincial and sub-provincial jails.

Correction Pillar

This pillar may also be classified into two: institution-based and community-based corrections.

Community Pillar

It is composed of institutions such as the Department of Social Welfare and Development, Commission on Human Rights, National Commission on Indigenous Peoples, Public Attorney’s Office , barangays, civic organizations, and non-governmental organizations.

**Community Pillar**

Are regarded to be both duty holders and claimholders in the administration of justice.

**Community Pillar**

This Pillar have the responsibility to assist law enforcement and the courts in solving crime by providing information, by community participation in crime prevention and creating a culture of peace, and by supporting the mobilization of resources for peace and order.

**Crime**

An act or omission punishable or in violation of a criminal law of a state.

1. There must be an act or omission.
2. The act or omission must be punishable by law.

**Two Elements of Definition of Crime**

***Ignorantia Legis Non Excusat***

*Ignorance of the law excuses no one*

**State**

Its government and police power provides a system which has the responsibilities of apprehending, prosecuting,trying and punishing law-breakers.

1. Human Individuals may Commit Crimes
2. States have to deal with crimes
3. Crime is a growing  international problem
4. Individuals and societies desire for justice
5. States must promote criminal justice
6. The system is called criminal justice system
7. Maintenance of peace and order rest on the ability to promote criminal justice

Nature of Criminal Justice System

1. Restorative Justice
2. Retributive Justice
3. Transformative Justice
4. Psychiatric Imprisonment
5. Consensus Model
6. Conflict Model

__**Theories of Criminal Justice**__

Restorative Justice

assumes that the victim or their heirs can be in some way restored to a condition of “just as good as” before the criminal incident.

**Restorative Justice**

\

Keep the offender active in the community, and re-socialize him to the society.

**Restorative Justice**

Builds on traditions in common law and tort law.

**Restorative JusticeAdvocates**

* Advocates:


1. community service
2. restitution
3. alternative to imprisonment

**Restorative Justice**

Requires all who commit crimes to be penalized.

Retributive Justice

an eye for an eye approach

Retributive Justice

Assumes that the victim or their heirs or neighbors have the right to do to the offenders what was done to the victim.

Psychiatric Imprisonment

treats crime nominally as illness and can be treated through psychiatry

**Consensus Model**

Argues that the organizations of a criminal justice system do, or should, cooperate

**Conflict Model**

Assumes that the organizations of a criminal justice do, and shall compete.

Transformative Justice

emphasizes trust in members of the society (the offender can change)

**Law Enforcement**

Executive arm of the government charged with the enforcement of the law.

Law Enforcement Agencies

are organizations and offices of the government that enforces the laws and assists the enforcement of the laws as mandated by the law creating them.

Law Enforcement Agencies

They serve as the __front line__ of the encounter with the criminals or those who threaten the social order.

Law Enforcement Agencies

Mandated by law with the enforcement of laws of the Republic of the Philippines and are directly under the Executive Department

Law Enforcement Agencies

Directly under the office of the President (executive department)

Law Enforcement Agencies

They differ generally only in the scope of their routine activities.

Law Enforcement Agencies

__Executive arm__ of the government charged with the enforcement of the law.

Philippine National Police

Originating from a merging of the Philippine Constabulary and the Integrated National Police

**Uniforms and Badges**

Symbolizes The authority to take action in the name of the state.

Weapons

Symbolizes as Power and coercive nature of their authority to reinforce command.

Handcuffs

Symbolizes as Detention power of the state.

Law Enforcement Agencies

are organizations and offices of the government that enforces the laws and assists the enforcement of the laws as mandated by the law creating them.

Law Enforcement Agencies

These agencies will have some restrictions in the application of their power and some are jurisdictional in operation

* based on the authority given to them by the law creating them.
* determined by the complexity of the cases

Jurisdiction of the Law Enforcement

* hierarchical
* chain of command
* line of authority from higher superior to the subordinates

ORGANIZATIONAL STRUCTURE of aw enforcement

Philippine National Police

 is the civilian national police force of the Philippines.

* Chief of PNP
* two deputy chiefs
* operations
* administrations

**Organizational Structure of the PNP**

1. **Statutory Powers**
2. **Regulatory Powers**

**POWERS AND FUNCTIONS of PNP**

* Enforce all laws and ordinances
* Maintain peace and order
* Investigate and prevent crimes
* Exercise the general power to make arrest
* Detain an arrested person for a period not beyond what is prescribed by law

**Statutory Powers of PNP**

* support the AFP on matters involving suppression of insurgency
* ensures public safety and internal security

**PNP’s ROLE IN COUNTER-INSURGENCY** 

DIL, RA 6975

* PNP was established under a reorganized __ when ____ was passed and took effect on **January 1, 1991.**

RA 6975 

* Mandates that PNP’s primary responsibility is only in matters affecting **INTERNAL SECURITY,** including suppression of insurgency.

AFP

*  **only mandated to act upon EXTERNAL SECURITY**

AFP

only play a supportive role to the PNP when there are serious threats to national security

RA 8551

Law which provides that The PNP shall, through information gathering and performance of its ordinary police functions, support the AFP on the matters involving suppression of insurgency, except in cases where the President shall call on the PNP to support the AFP in combat.

**Police Beat or Patrol Functions**

One of the features of police activity for **crime prevention.** It dispatched a team or a personnel with uniform either on foot or with motorcycle transport.

**Detective Beat System**

* Concrete responses of the PNP in reinventing the field of investigation

**Detective Beat System**

* Primarily responsible to respond in all cases reported for investigation purposes.

**RA 6975** 

Mandates the implementation of policies and guidelines of possession and carrying of firearms outside residence.

 **PNP chief**

He has the Power to issue detailed implementing policies and instruction

 **PNP chief**

he may May impose authorize such person to carry firearm outside of residence

National Bureau of Investigation

It is the investigative arm of the DOJ.

National Bureau of Investigation

The premier investigative service and research agency of the government

National Bureau of Investigation

It is the law enforcement of last resort which handles sensational cases which are of great interest to the nation.

National Bureau of Investigation

 does not have the power to make warrantless arrest.

Philippine Drug Enforcement Agency

It was created under RA 9165 or The Comprehensive Dangerous Drug act of 2002.

RA 9165

Comprehensive Dangerous Drug act of 2002.

Comprehensive Dangerous Drug act of 2002

RA 9165

RA 157 (NBI)

Main objective is to establish effective and efficient investigative service and research agency

National Bureau of Investigation

1. Undertake investigations of crimes and other offenses 
2. To render assistance whenever properly requested in the investigation or detection of crimes
3. To act as national clearing house of criminal and other information for the benefit of all prosecuting and law enforcement enforcement 
4. To give technical aid to all prosecuting and law enforcements
5. Extend services requested in the investigation of case
6. Undertake instructions and training of a representative number of city and municipal peace officers 
7. Establish and maintain an up-to-date scientific crime laboratory and to conduct researches useful for criminal investigations

* Has investigative jurisdiction over the national laws and statutes of the Philippines
* It may apprehend criminals or offenders and file appropriate charges with the Office of the Prosecutors

**Investigative Jurisdiction of NBI**

may provide and cooperate with other law enforcement agencies, upon request, with their technical expertise, such as

* DNA testing,
* autopsy or medico
* legal services,
* Handwriting Analysis

**Technical Services and Support to other Government Agencies**

Philippine Drug Enforcement Agency

It addresses the worsening drug problem and senseless killing, mostly drug related, and the tendency to corrupt public officials and the minds of the youth hooked on drugs.

**Philippine Drug Enforcement**

**Agency (PDEA)**

Has 17 regional offices

Bureau of Immigration and Deportation

To control and regulate the entry and stay of aliens to the country.

**Bureau of Immigration** 

**and Deportation (BID)**

Mandated by Philippine Immigration Act of 1940

Philippine Immigration Act of 1940

**Bureau of Immigration** 

**and Deportation (BID) is mandated by what law**

Bureau of Immigration and Deportation

It serves as the country’s gateway to the international community as well as the buffer point in controlling the entry of unscrupulous aliens in the country.

Headed by **Commissioner** and assisted by **two Associate Commissioners: (1) Management** and **(2) Operations**

BID Organizational Structure

* Under the auspices of the Department of Justice (DOJ)
* Act as the primary enforcement arm of the DOJ and the President of the Philippines by ensuring all foreigners comply with the existing laws
* Assist local and international law enforcement agencies in securing the tranquility of the state against foreign nationals
* Act as the chief repository of all immigration records

**Powers and Functions of BID**