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INTRODUCTION TO CRIMINAL JUSTICE SYSTEMCHAPTER 1Historical Development and Principles of Criminal JusticeLaw is that which is laid down, ordained, or established. A rule or method according to which phenomena or actions coexist or follow each other.Most of the laws are penal in nature. Penal laws ar...

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INTRODUCTION TO CRIMI CRIMINAL NAL JUSTICE SYSTEM

CHAPTER 1 Historical Development and Principles of Criminal Justice

What comes first, The LAW or The CRIME?

Law is that which is laid down, ordained, or established. A rule or method according to which phenomena or actions coexist or follow each other. Most of the laws are penal in nature. Penal laws are those acts of the legislature which prohibit certain acts and establish penalties for their violations; or those that define crimes, treat of their nature, and provide for their punishment. Looking at the definition of penal law above, crime exists because of the law that prohibits it. As the Theory of Logomacy states, nullum crimen nulla poena sine lege or there is no crime where there is no law punishing it. Laws are created in response to the conduct of human in the society. The states, as part of their police power, have a large measure of discretion in creating and defining criminal offenses. With that note, laws vary from country to country, city to city, municipality, and barangay to barangay. Laws are not all the same since they matter on the intent of the law making body; the legislative branch of the government.

CONCEPTS OF CRIME, LAW, AND JUSTICE The 1987 Philippine Constitution created the three great powers of the government, where one of the basic repercussions is the separation of powers. They are also considered to be branches of the government. These are the following: 1. Legislative Branch – consists of a Senate and a House of Representatives. Power to create laws lies in this branch.

2. Executive Branch – composed of the Office of the President. The President has the power to create Presidential Decrees during Martial Law, Executive Orders, Proclamation Numbers, and Administrative Orders that have power and effect of laws. 3. Judicial Branch – power to check and balance the constitutionality of the laws created. Limitation on the power of the lawmaking body to enact penal legislation. The Bill of Rights of the 1987bConstitution imposes the following limitations: 1. No ex post facto law or bill of attainder shall be enacted. (Art. III, Sec. 22) 2. No person shall be held to answer for a criminal offense without due process of law. (Art. III, Sec. 14 [1]) Ex post facto law makes an act done before the passage of the law and which was innocent when done, and punishes such an act. Bill of Attainder is a legislative act for a judicial determination of guilt. The scope of Criminal Justice System is anchored on the violation of laws that are criminal in nature. It could be a violation of public or municipal law or a special penal laws. The Revised Penal Code (RPC) or Act No. 3815 is considered to be a public or municipal law in the Philippines. The RPC, as enacted by the Philippine Legislature, was approved on December 08, 1930 and took effect on January 1, 1932. Criminal Law is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment. (12Cye. 129) Source of Philippine Criminal Law: 1. The RPC (Art No. 3815) and its amendments; 2. Special Penal Laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa; and 3. Penal Presidential Decrees issued during Martial Law. The following are the characteristics of Criminal Law: 1. Generality – that the criminal law is binding to all persons who live or sojourn in the Philippines except as provided in the treaties and laws of the preferential application.

Example of a treaty or treaty stipulation as an exemption is the Visiting Forces Agreement (VPA). Another exception from the operation of criminal law are the Sovereign and other chiefs of state, ambassadors, minister plenipotentiary, minister residents, and charges d’affaires. 2. Territoriality – that the criminal law punishes crime committed within the Philippine territory with the exception of Article 2, RPC Book 1. 3. Prospectivity – that the criminal law looks forward. It only punishes acts that are considered crime by virtue of law. Exception of prospectivity : Whenever a new statute dealing with crime establishes conditions more lenient and favourable to the accused, it can be given retroactive effect. Provided that the accused is not a habitual criminal under Rule 5, Article 62, R.P.C. and when the new law expressly made inapplicable to pending actions or existing causes of action. (Tavera v. Valdez, 1 Phil. 463, 470-471)

Crime is an act committed or omitted in violation of public law. Crime can be legally categorized as follows: 1. Offense – is an act or omission punishable by Special Penal Laws; 2. Felony – is an act or omission punishable by Revised Penal Code; And 3. Misdemeanor or Infraction of Laws – is an act or omission in violation of City, Municipal, or Barangay Ordinance. In ethical aspect, crimes are considered immoral. However, not all acts or omissions in violation of law are against morality. Crime can be a Mala In se and Mala Prohibita/Prohibitum. Mala In se is a latin phrase which means, “wrong or evil”. It is considered wrong even if there is no law prohibiting it. But since the Philippines is a Civil law country, these wrongful acts by nature must be prohibited under the written law. Mala prohibita/prohibitum, on the other hand, is not wrong in itself. It’s not wrong in nature. It becomes wrong because of the statute that proscribes it. To have a better appreciation of the concept of crime, it will be a great help to study the two (2) most common models of how society perceives which acts are

criminal and which are not. These two (2) models are the Concensus model and Conflict Model. In Concensus model, society shares common beliefs and customs. They gather together and decide the common norms to follow. Whoever deviates from the common norm will be considered a criminal. This model believes that people can have common norms and can follow and shared beliefs. The Conflict model, on the other hand, derives its law from the group holding economic, political and social power of the community. These people decide which acts is criminal and which act is not. According to this, people with higher income, status, class, and age has the most impact in the criminal laws and able to levy their values than the rest of the community. Felonies are acts and omissions punishable by the RPC. The act is performed or the omission is incurred by means of dolo or culpa. (People v. Gonzales, G.R. No. 80762, March 19, 1990, 183 SCRA 309, 324). Felony by means of dolo (deceit) has the following elements: 1. He must have Freedom while doing the act or failing to do the act; 2. He must have Intelligence while doing the acts or failing to do the act; and 3. He must have Intent while doing the act or failing to do the act. Felony by means of culpa (fault) can be committed if the following requisites are present; 1. He must have Freedom while doing the act or failing to do the act; 2. He must have Intelligence while doing the acts or failing to do the act; and 3. He is Imprudent, Negligent, Lacks foresight or skill while doing or failing to do the act. Justice is the process or result of using laws fairly judge and punish crimes and criminals. Justice itself is one of the most difficult goals of any justice system. The reason for this is the different concepts of every individual of what is justice and fairness. However, the state cannot just rely the seeking of justice to the individual just to satisfy his own thirst. This is so to avoid blood feud. The tool or machinery of the state to prevent such as is the Justice System. Thus is actually grounded on the concept of justice based on what the state believes to be just for the general welfare of the people.

CRIMINAL AND VICTIM Have you been a victim of a crime? Can you recall the said event? Among all,

In the study of Criminology and Human Behavior, the victim’s perpective in the commission of the crime has also been studied. Theory of Victimization deals with role that the victim plays in the criminal event. Benjamin Mendelson, the proponent of the Victimology Theory, believes that situational factor is a reason of victimization. The negligence of the persons makes him the victim of criminal situation. In layman’s viewpoint, any person who commits a crime is basically a criminal. However, in the viewpoint of Criminal Justice System, the following are the terms used in every stage or level of the justice system. Law Enforcement Persons of Interest – if there are several suspicious persons Suspect – when there is one suspected person left Prosecution – Respondent Court – Accused Correction – Persons deprived of Liberty Community – Ex-convict/Balik-bayan Case Scenario John Doe was killed. Witnesses said that they saw Max, Manny, Rica and Rose (Persons of Interest) at or about the same time of the killing of John Doe. Later on, upon investigation, evidence pointed Max (Suspect) as the one who perpetrated the crime. The aggrieved party filed complaints against Max (Responded). Then the case reached the court, where Max (Accused) was arraigned and the trial began. Max (Convicted) was found guilty beyond reasonable doubt. He served his sentence in Davao Penal Colony (Person deprived of Liberty) and he (Balik-bayan) was released after serving sentence.

COMPONENTS OF CRIMINAL JUSTICE IN THE PHILIPPINES Criminal Justice System is a tool or machinery used by the society to prevent, control, and suppresses the commission of the crime and provides and maintains justice. This is the major adjudication process of persons accused of the commission of the crime. This type of justice is by nature a retributive one. This takes to punish persons who violate the laws in the form of sentencing. This type of justice takes to penalized offenders because of the wrong act they have done. The form of punishment in this justice, unlike revenge, is not personal. In case of crime committed, the states take to represent offended party in litigation to punish offenders. However, through the purpose is to punish the wrong act done, the end point of this justice system is to reform and correct offenders. The person accused of shall go through the process of this system and be held liable if guilty beyond reasonable doubt. Guilty beyond reasonable doubt is the highest degree of proof needed in a criminal case. This is to protect the rights of the accused, which is provided in Article III of the 1987 Constitution. Every pillar in this system has different functions that should be properly carried out. Every function is crucial in attaining the very goal of this system. Failure to effectively perform the job can be equated to failure of attaining justice. The first pillar of Criminal Justice System is the Law Enforcement Pillar. This is the prime mover of the system, the first touch in the process. Though the pillars are equally important, however, this pillar is very vital to the system since failure to carry out the function properly may cause the dismissal of the case. This pillar involves different law enforcement agencies under the Executive branch of the government such as the Philippines National Police (PNP), the National Bureau of Investigation, the Philippines Drug Enforcement Agency, the Bureau of Customs, The Bureau of Immigration, and the Philippine Coast Guard, to name a few. These agencies are under the Executive branch of the Philippine National Police. The latter responds to any violation of the peace and safety of the community. PNP shall take the lead in the investigation and gathering of evidence and information to use as evidence in court proceedings. They shall assist in the prosecution of the offender. The second is the Prosecution Pillar. This pillar is composed of public prosecutors tasked to evaluate the evidence the police have gathered and decide whether it is sufficient to warrant the filing of charges against the alleged violator.

When the aggrieved party filed a complaint in the prosecution, and when the crime warrants preliminary investigation, the public prosecutor shall conduct investigation for the purpose of finding probable cause. If the latter believed that the crime had been committed, he shall then file information to the court. This pillar is also under the Executive branch of the government. Take note! Complaint – it is a sworn written statement charging a person with an offense, subscribe by the offended party, and filed to any peace officer or public officer-in-charge with the enforcement of the law. (Sec. 3 Rule 110, Revised Rules on Criminal Procedure) Information – is an accusation in written charging a person with an offense, subscribed by the fiscal and filed with the court. (Sec. 4 Rule 110, Revised Rules of Criminal Procedure) Preliminary Investigation – is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well-founded belief that a crime cognizable by the Regional Trial Court has been committed and that the respondent is probably guilty thereof, and should be held for trial. Probable cause – a well-founded belief that a crime has been committed and the respondent probably guilty thereof, and should be held for trial. (Sec. 1 Rule 112, Revised Rules on Criminal Procedure)

The Court is the third pillar. This is under the Judiciary branch of the government. The court shall have the power to hear and try the cases before it. The judge, upon receipt the complaint or information, shall conduct investigation to determine probable cause for the issuance of warrant of arrest. (Sec. 1, Art. 113 of the Rules of Criminal Procedure)

Arrest – is the taking of person into custody in order that he may be bound to answer for the commission of an offense. (Sec. 1 Rule 113, Revised Rules on Criminal Procedure) Warrant of Arrest – a written order issued and signed by a magistrate, directed to a peace officer or some other person specially named, and commanding him to arrest the body of the person named in it who is accused of an offense. (Black Law Dictionary) Search Warrant – is an order in writing issued in the name of the people of the Philippines, signed by a judge and directed to peace officer, commanding him to search for personal properties described therein and bring it before the court. (Sec. 1 Rule 126, Revised Rules on Criminal Procedure)

The fourth pillar is the Corrections. This pillar shall cater convicted felons. It is responsible for the safekeeping and reformation of criminals. The Corrections pillar shall assure upon the release of the inmate, he is already reformed and ready to be integrated in the community. Under this pillar, institutions that will provide services for convicted persons shall categorized generally based on the penalty. Inmate with three (3) years and one (1) day or more will be placed in prison and the 3 years and less in jail (RA 10575 and BJMP Manual, respectively). Prisons or national penitentiaries are under the Bureau of Corrections which is under the Department of Justice. Jails are under the Bureau of Jail Management and Penology, Department of Interior and Local Government. The last pillar is the Community. The purpose of this pillar is fundamentally geared toward the support to the program of the Corrections. When the ex-convicted reintegrated to the community, it is understood that he has been wholly reformed and is ready to engage himself again. Thus, the community should accept and assist the reformed individual to the new life.

*******End of Chapter 1*******...