1.1 Introduction TO Criminal Justice System-2 PDF

Title 1.1 Introduction TO Criminal Justice System-2
Author Mary Louisse Molina
Course Forensic Medicine
Institution University of the Cordilleras
Pages 3
File Size 115.5 KB
File Type PDF
Total Downloads 89
Total Views 152

Summary

Introduction to Criminal Justice of the Philippines and other terminologies....


Description

Topic 1: Introduction to Criminal Justice System Objectives: At the end of the lesson, the students should be able to:  explain the Concept of the Philippine Criminals Justice System;  evaluate and analyze the course of the criminal justice system. Instructional Materials:  Hand-out/Pre-recorded lesson No. of hours 2 hour and 30 minutes Teaching-Learning Activity/Lesson Proper INTRODUCTION: Criminal Justice System is the machinery used by the society to prevent and control crime. It is a tool of a Democratic Government to protect the society against criminality and other peace and order problem. In theory, Criminal Justice System is an integrated apparatus that is concerned with the following; apprehension, prosecution, trial, conviction, sentencing and rehabilitating or correcting criminal offenders. The process is the totality of the activities of law enforcers, prosecutors, defense lawyers, judges and correctional institutions, as well as those of mobilized community in crime prevention and control. Basically, the Criminal Justice System in the American context is initially made up of three key components – the police, the court and the corrections. Criminal Justice System in the Philippines was expanded to achieve its objectives – prevention and control of crimes. Definition of terms Crime It is an act or omission punishable by law. Act Any bodily movement tending to produce some effect. Omission It refers to the failure to perform a specified act. Criminal Law A branch of law that defines crimes, treats of their nature and provides for their punishment. Types of Crime 1. Felony

Any act punishable by the Revised Penal Code of the Philippines. 2. Offense Any act punishable by Special Penal Laws. 3. Misdemeanor or Delinquency Any act which is in violation of simple rules and regulations. Features of Criminal Law 1. Politicality Laws are constructed by political authorities. 2. Specificity Précised in stating what must be done. 3. Uniformity Equal to all persons. 4. Penal Sanction Provides punishment. Characteristics of Criminal Law 1. Generality Penal law is binding to all persons sojourning in the Philippines. 2. Territoriality Penal law is applicable to all the crimes committed within the Philippine territory. 3. Prospectivity Penal law cannot be applied retroactively. Penal law cannot make an act punishable in a manner in which it was not punishable when committed. Criminal A person convicted by a competent court in violation of the criminal law.  A person can be considered a criminal under the following circumstances: 1. He must have committed a crime. 2. He must have been apprehended and investigated by the police. 3. By virtue of sufficient physical evidence and testimonies of witnesses, he must have been arrested. 4. Due to the presence of prima facie evidence, the case was remanded to the court by the prosecutor for trial. 5. There was arraignment. 6. There was trial. 7. The offender was found guilty. 8. A sentence was rendered by the court. 9. The convict was confined in prison. 10. The convict has fully served his sentence in prison. Suspect It refers to a person who allegedly committed a crime. It is a term used to refer to a person who is undergoing criminal investigation. Accused A person who was formally charged in court for the commission of an offense.

Victim Forgotten person in the Criminal Justice System. Justice It connotes equality in the application of laws. According to the Supreme Court of the Philippines, justice is symbolically represented by a blindfolded woman, holding with one hand a sword and with the other, a balance, meaning thereby that it is administered without respect to persons, equally to the poor and the rich. System It refers to the orderly combination or arrangement, as of parts or elements, into a whole; specifically, such combination according to some rational principle; any methodical arrangement of parts. Criminal Justice System A Machinery used by the government to prevent and control crimes. Goals of CJS 1. Prevention of crime. 2. Protect members of society against crime. 3. Maintain peace and order. 4. Suppression of criminality. 5. Review the legality of existing rules and regulations. 6. Rehabilitation and reformation of offenders.

References:

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Siegel, L. J. & Senna, J. J. (2007). Essentials of criminal Justice. (5th ed.). Australia : Thompson Wadworth. Perry, A. E. (ed.). (2006). Reducing crime: the effectiveness of criminal justice intervention. Hoboken, NJ: Wiley. Joyce, P. (2006). Criminal justice: an introduction to crime and the criminal justice system. Portland, Or.: Willan Pub....


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