(continuation of handout in CA 1N)

A REVIEW ON CRIMINAL JUSTICE SYSTEM

Reviewing the CJS requires a throwback of the definition of key terms. Here are salient definitions
regarding this topic.

CRIMINAL JUSTICE SYSTEM

Criminal Justice System (CJS) is the machinery used by the society to prevent and control crime.
It is the tool of a democratic government to protect the society against criminality and other
peace and order problems.
Criminal Justice system is the method by which the police, prosecution, courts and correctional
institutions enforce the fundamental rules of the society, as expressed in their criminal law
(Delmar Karten).
In theory, CJS is an integrated process that covers the apprehension, prosecution, trial,
adjudication, and rehabilitation/correction of criminal offenders. This process involves all the
activities of law enforcers, prosecutors, judges, and correctional administrators, as well as the
mobilized community in relation to crime prevention and control.
JUSTICE
In the simplest connotation, justice means fairness or reasonableness, especially in the way
people are treated or decisions are made.
In a deeper sense, justice is rendering what is due or merited and that which is due or merited.
Justice, according to the SC of the Philippines, is symbolically represented by a blindfolded
woman, holding with one hand a sword and with the other a balance. This personification
implies that justice is administered according to the 2 principles presented by Mortimer J.
Adler.
1. Render to each his due.
2. Treat equals equally and unequals unequally but in proportion to their inequality.

Justice as a process means treating people fairly; justice as outcome means giving people what
they deserve.

CRIMINAL
Sociologically speaking, a criminal person refers to any rational individual who commits an anti-
social act that is detrimental (harmful/injurious) to the society.
In legal terms, a criminal refers to a person who has committed an act punishable by the existing
law, and was tried and convicted of final judgment by a competent court.

CRIMINAL JUSTICE
Criminal justice is the study of criminal (penal) law, social control, constitutional law, criminal
procedure and evidence, criminology, victimology, components that make up the loose array of
institutions and activities we call a system (policing, courts, corrections, and community
services), politics, and the idealistic notion of ‘truth in action’ we call administration of
justice. (O'Connor, 2010)

A penal law is one that has a provision for punishment. This course is primarily concerned with
laws that legislators pass which have penalties.
Social control involves the range of pressures brought to bear on people to establish conformity. It
can range from customs and folkways to norms and mores (more aggressive responses to
deviants).
 Constitutional law is the study of that balancing act between public order and individual rights,
since a constitution is, after all, a contract between a society and the individual.
Criminal procedure and evidence point to the notion of justice as both process and outcome.
Criminology and victimology have a separate academic base and best represent the infusion of
interdisciplinary content. Criminology primarily focus its study on crime as a social
phenomenon while victimology is focused on the effects of crime to persons and property.
Politics is what criminal justice is inseparably linked to, from decisions about what should be
considered ‘crime’ to policy analysis of crime control legislation.
Administration of justice is the study of workplace and organizational factors along with a focus on
ethical and discretionary decision-making (justice in action).

OVERVIEW OF THE CJS

In the Philippines setting, the main components of the CJS are the ff: law enforcement,
prosecution, courts, corrections, and the mobilized community. In other countries, such as in the
United States, their CJS consist only of the police, the courts and corrections.

In a democratic society, the primary goal of the CJS is to provide justice for all by protecting the
members of that society from criminal attack. Another major goal of this system is the
maintenance of peace & order. In addition, within these two goals, there are number of
important sub-goals (objectives):
1. prevention of crimes
2. suppression of criminal conduct by apprehending criminal offenders when prevention is
ineffective
3. review of the legality of the preventive and suppressive measures
4. judicial determination of the guilt or innocence of those apprehended
5. proper disposition of those who have legally found guilty
6. correction by socially approved means of the behavior of those who violate the criminal
law

HOW THE CJS OPERATE

The CJS components, also known as pillars, are the agencies of justice. Since the CJS is an
instrument of social control, the pillars have individual functions designed to satisfy two
fundamental objectives: to prevent crimes and to control crimes.

The first four pillars - law enforcement, prosecution, courts, and corrections – are the traditional
agencies vested with official responsibility to prevent and control crime. The community is the
base component/pillar which consists of mobilized units of the society. Under the concept of
participative criminal justice system in the Philippines, public and private agencies as well as
citizens in the community become part of the CJS when they participate in activities related to
crime prevention and control.

The CJS therefore is an integrated institution. The function of each pillar is linked and essential
to the function of the others. The five pillars are not independent from each other. What each
one does and how it does has direct effect on the work of others. To attain the goal or meet the
objectives of the system, each pillar must function efficiently because the failure may cause the
failure of the entire system.

Generally speaking, the functions of the CJS are as follows:

1. To prevent and control crime
2. To enforce the law
3. To safeguard lives, individual rights, and properties
 4. To investigate, apprehend, prosecute and try those who violated the law
5. To rehabilitate convicts & detainees and integrate them into the community as law-abiding
citizens

Major operations of the CJS:

1. Preventing the commission of crime
2. Enforcing the law for the maintenance of peace & order
3. Protecting life, individual rights, and property of the citizens
4. Removing or separating dangerous persons from the community
5. Deterring/preventing people from indulging in criminal activities
6. Investigating, apprehending, prosecuting, and penalizing criminals
7. Rehabilitating/reforming offenders
8. Re-orienting and returning offenders as law-abiding and useful citizens

If the CJS is viewed as a process, it involves the following steps once a crime is committed:
1. Investigation & apprehension: The police are responsible for gathering evidence and
arresting the suspected law violator.
2. Prosecution: The prosecutor is responsible for evaluating the evidence gathered by the
police and deciding whether it is sufficient to warrant filing charges against the alleged
violator.
3. Trial: The defense attorney is responsible for defending the accused. The judge during
trial is an arbitrator in court who ensures that the defense and prosecution adhere to
the legal requirements of introducing evidence and examining and cross-examining
witnesses.
4. Adjudication/sentencing: The judge at the end of the trial renders the decision. If the
accused is found innocent, he is immediately acquitted. If found guilty, he is
convicted. He may undergo probation or turned over to a correctional institution
depending on the circumstances of his case.
The probation officer conducts post-sentence investigations and supervises convicted
defendants placed under probation. The post-sentence investigation is an inquiry
conducted by the probation officer after conviction to determine the qualifications of
the convicted offender for probation. Probation is a privilege granted by the court to a
person convicted of a criminal offense to remain in the community instead of actually
placed in prison.
5. Correction/rehabilitation: The jail or prison institution receives the defendant if convicted
and sentenced and keeps them until parole is granted or have completed their
sentences.
6. Integration: The parole department assists released prisoners in their return to the
community. Convicts who have completed their sentence are released to the
community and are expected to live a law-abiding and productive lifestyle.

In a more detailed perspective, the CJS involves the following steps:

1. Initial contact
2. Investigation
3. Arrest
4. Detention – under police custody
5. Filing of Complaint
6. Pre-trial
7. Arraignment
 8. Posting of Bail or remain in detention
9. Plea-bargaining
10. Trial
11. Adjudication
12. Appeal
13. Treatment
14. Release
15. Post-release

The CJS pillars

LAW ENFORCEMENT: This component consists of all legitimate police forces operating in the
country. The leading police organization is the PNP being the biggest police force with
national scope. The primary job of the police is to enforce the law which is necessary for the
prevention of crimes and protection of life and property. In the process of enforcing the law,
the police conduct arrest, search and seizure, crime scene investigation, and other police
operations which are parts of their investigations on crime related incidents. The police
investigate reports and complaints involving crimes to gather evidence that can be used as
basis in prosecuting a criminal offender.

PROSECUTION: This is the second pillar that follow-up the efforts made by law enforcement
agencies. It is primarily composed of public prosecutors, who are lawyers by profession,
responsible in continuing the investigation of criminal complaints to establish legal bases in
bringing criminal cases to the court. When the police file criminal complaint at the
prosecutor’s office, a public prosecutor conducts preliminary investigation to determine if
legal grounds exist in filing such complaint. The prosecutor may elevate a case, dismiss it, or
hold it for further investigation by the police.

COURTS: This component is the agency where criminal cases are submitted for trial. Once a
criminal case goes to the court, the prosecution is given the opportunity to present evidence
that will prove the guilt of the accused person. Consequently, it is the court that provides also
opportunity to the accused to disprove the accusation against him. The court may decide a
criminal either by conviction, acquittal or dismissal.

CORRECTIONS: The fourth pillar is responsible in taking custody of convicted persons for
purposes of serving their sentence while undergoing rehabilitation. After the accused is found
guilty and thus convicted by the court, a correctional institution takes custody of him. Such
institution maybe a jail or prison depending on the seriousness of penalty imposed over the
convict. Corrections pillar consist of the local jails, national prisons, and penal colonies,
including the rehabilitation centers where special offenders are detained for treatment.

COMMUNITY: The fifth component of the CJS is considered as the base of the system, in the
sense that it is where criminals come from and then remanded after detention or
imprisonment.

The community has 2-fold responsibility:

 to have active participation in law enforcement activities by reporting criminal incidents
and helping in arresting the criminal offenders
 to promote peace and order by staging crime prevention programs, helping in the
rehabilitation of convicts, and supporting ex-convicts in their reintegration to the
society