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.

criminal justice

according to Siegel and Sienna may be viewed or defined as the system of law enforcement, adjudication, and correction that is directly involved in the apprehension, prosecution, and control of those charged with criminal offenses.

criminology

is the body of knowledge regarding crime as a social phenomenon- includes process of making laws.

apprehennsion, adjudication, correction

3 Criminal Justice

legislative

they have the power to punish crimes

executive

enforces the laws

judicial

interprets the laws and decides

nullum crimen nula poena sine lege

the is no crime if there is no law punishing it

actus non facit reum, misi mens rea

a crime is not committed if the the mind of the person performing the act complained innocent

15 yrs old below

age of an not absolute criminal responsibility

15 yrs old but lower than 18

age of conditional criminal responsibility

18 and above

age of absolute criminal responsibility

bill

is a proposed law

law

once a bill is signed it will become

the power of vito

an act of denying the law by the President

crime

is simply a violation of societal rules of behavior or interpreted and expressed by a criminal

crime in legal sense

criminology define crime as voluntary and intentional violation by legally competent person of a legal duty that commands or prohibits an act for the protection of the society.

crime

is an act that threatens the welfare of the society and its punishable by judicial proceedings in the name of the state

generality, territoriality, prospectivity

what are the 3 characteristics of crime

prospectivity

states that the law is only applied forward

territoriality

Philippine criminal law is applicable to all Philippine territory water or land

felony

if a crime is punished by the revised penal code

offense

if a crime is punished by a special laws

infraction

if a crime is punished by an ordinance

criminal law

defined as that branch of public law which defines crimes, threat of their nature and provides their punishment.

substantive law and procedural law

2 classifications of criminal law

substantive law

talks about law and gives the ELEMENT

procedural law

gives the process if failed to follow justice will not be given

RA 10951

increase RA under penal code

spanish kodigo penal

original of revised penal code

Competent

type of evidence/objects that are obtained legally

relevance and competent

types of evidence to be accepted

arrest

is taking of a person into custody that he/she maybe bound to answer for the commission of an offense

criminal case

needs proof beyond reasonable doubt

administrative case

crimes committed by public officers

prosecution case

primafacie evidence

criminological sense

any person who committed a crime whether reported or proven we call it criminal

legal sense

can only be consider criminal when a judge decides it

criminal sense

when committed 5 pillars

suspect

at the police station during investigation h/she is referred to as

respondent

at the prosecution office during preliminary investigation he is referred to as

convicted

at the trial of the case, when a case has been filed in court h/she is referred to