Module 1.

Philippine Criminal Justice System

Crime, a social disease prevalent in every society,

is the responsibility of law enforcers and the
community to prevent and eradicate. Understanding
the justice system's workings is a crucial aspect of
crime prevention. This module is designed to provide
insights and awareness of the Philippine criminal
justice system, highlighting your important role as a
community member in this collective effort.

At the end of this module, learners are expected to:

1. Define and explain the concept of criminal justice system;
2. Articulate the history of criminal justice system;
3. Identify the five pillars of criminal justice system;
4. Enumerate the goals and purposes of criminal justice system;
5. Illustrate the Philippine Criminal Justice System;
6. Identify the problems in criminal justice system;

Criminal Justice System (CJS)

Criminal Justice System (CJS) is the system of legislation,

practices, and organizations, used by government or the state,
which are all directed to maintain social control, deter and control
crime, and sanctioning those who violate laws.

Criminal justice refers to a legal process adopted by the state to prevent and
resolve crimes, which is carried on through a process from investigation of the

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person suspected of committing a crime, taking them into legal custody to answer
such charges in the court of law and be punished or acquitted by the law.
The primary agencies charged with these responsibilities are law
enforcement; prosecution (the agency that prosecutes persons accused of crime/s;
in the Philippines, it is referred to as the National Prosecution Services or commonly
known as the Fiscal’s or Prosecutor’s office); courts (the agency that determines the
guilt or innocence of the accused); and corrections (the agency that administers
punishment for those found guilty for crimes.
The system comprises all the means used to enforce standards of conduct
deemed necessary to protect an individual and maintain general community well-
being. It is the machinery society uses to prevent and control crimes. The process is
the totality of the activities of law enforcers, prosecutors, lawyers, judges, correction
personnel, and the mobilized community in crime prevention and control. The
community plays a crucial role in crime prevention and control by reporting
suspicious activities, cooperating with law enforcement, and promoting a culture of
lawfulness.

Concepts of Crime, Law and Justice.

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. (Black’s Law
Dictionary)

Penal Laws. Are those acts of the legislature that prohibit certain acts and
establish penalties for their violations, or those that define crimes, treat their nature,
and provide for their punishments? (Lacson v. Exec. Secretary, GR. No. 128996,
January, 1999)
By definition alone, we can determine that crimes exist because of the law
defining it or the law prohibiting the same, as stated under the Latin maxim, “nullum
crimen nulla poena sine lege,” or there is no crime where no law is punishing.
(Abalde, 2019, p. 2)
Laws are created in response to human conduct in the community. Hence,
laws vary from country to country, and the smallest unit of the local government units
as part of their police power. (Ibid.)

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 Under the Philippine setting, the law-making body or the legislative branch of
the government is mandated to enact penal laws based on the 1987 constitutional
provisions, which state that:
1. No ex post facto law or bill of attainder shall be enacted. (Sec. 22, Art. III)
2. No person shall be held to answer for a criminal offense without due [process.
(Sec. 14 (1), Art. III)

Limitations on the power of Congress in enacting criminal laws.

1. Ex post facto law.
The law makes an act done before the passage of the law and which was
innocent when done and punishes such an act. (Abalde, 2019.p. 3)

Examples of Ex post facto law.

a. An ex post facto law is a law that makes an act done before the passage of the
law and which was innocent when done, punishable. In simpler terms, it means
you can't be punished for something that wasn't a crime when you did it.
b. Aggravates a crime or makes it more significant than when it was committed.
c. Changes the punishment and inflicts a greater punishment than the law
annexed to the crime when committed;
d. Alters the legal rules of evidence and authorizes conviction upon less or
different testimony than the law required at the time of the commission of the
offense;
e. Assuming to regulate civil rights and remedies only, in effect, imposes penalty or
deprivation of a right for something which when done was lawful; and
f. Deprives a person accused of a crime of some lawful protection to which he has
become entitled, such as the protection of a former conviction or acquittal or a
proclamation of amnesty. (Domingo, p. 6)

2. Bill of attainder. It is a legislative act that inflicts punishment without trial. Its
essence is the substitution of a legislative for a judicial determination of guilt.
(Ibid p.7)
3. No person shall be held to answer for a criminal offense without due process
of law. (Phil. Consti. Art. III, sec 14 (1))

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 4. It should not impose cruel and unusual punishment or excessive fines. (Phil.
Consti. Art. III, sec. 19)
Example Death Penalty. RA. No. 9346. (June 24, 2006) The law prohibiting
the imposition of Death Penalty
5. No person shall be deprived of Life, Liberty, or Property with due process of
law, nor shall any person be denied the equal protection of the laws. (Phil.
Const. Art. III sec.1)
6. Freedom of Expression (Phil. Consti. Art. III, Sec 4)
7. Freedom of Religion (Phil. Consti. Art. III, Sec 5)
8. Free access to courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty. (Phil. Consti. Art. III,
Sec 11)
9. Right to remain silent and have competent and independent counsel. (Phil.
Consti. Art. III, Sec 12 9(1))
10. No person shall be compelled to be a witness against himself. (Phil. Consti.
Art. III, Sec 17)
11. No person shall be imprisoned for debt on non-payment of a poll tax. (Phil.
Consti. Art. III, Sec 20)
12. Against Double Jeopardy. (Phil. Consti. Art. III, Sec 21)

Criminal law is the branch or division of law that defines crimes, treats their
nature, and provides punishments for them.
The Philippine Legislature enacted the Revised Penal Code (RPC) on
December 8, 1930, and took effect on January 1, 1932.

Sources of Philippine Criminal Law.

1. The RPC (Act No. 3815) and its amendments.
2. Special Penal Laws
3. Penal presidential decrees issued during martial law.

The following are the characteristics of the Criminal Law:

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 1. Generality. The criminal law is binding to all persons living or vacationing in
the Philippines except as provided in the treaties and laws on preferential
application.
Exceptions:
a. Treaty stipulation. (Example VFA)
b. Principles of public international law
The following persons are not subject to the operation of criminal law.
a. Sovereigns and heads of states
b. Ambassadors
c. Charge d’ affaires
d. Ministers plenipotentiary
e. Other representatives accredited to the host heads of the minister's
resident
c. Laws of preferential (for example, Muslim Law)
2. Territoriality. The criminal law punishes crimes committed within the
Philippines territory except Article 2, RPC Book 1.
3. Prospectively. Criminal law looks forward. It only punishes acts that are
considered crimes by law (Ibid.)
The law may have retroactive effect if:
a. When the law is favorable to the accused
b. When the decriminalizes the actor's existing cause of action.
Exceptions:
a. where the law expressly made inapplicable to pending actions
b. when the offender is a habitual delinquent.

Other principles of criminal law.

1. Pro Reo Doctrine (in dubio pro reo) when in doubt for the accused.
2. Equipoise rule. If the inculpatory facts and circumstances are capable of two
or more interpretations, one of which is consistent with the innocence of the
accused and the other consistent with his guilt, then the evidence does not
test the moral certainty and does not suffice to produce a conviction, the same
must be denied.

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Legal Maxims.
1. Nullum crimen nulla poena sine lege.
- There is no more when there is no law punishing it.
2. Actus non facit reum, nisis mens site rea.
The act cannot be criminal unless the mind is criminal
3. Actus me invito factus non est meus actus.
- An act done by me against my will is not my act
4. Le que es causa de la causa es causa del mal causado.
- He who is the cause of the cause is the cause of the evil cause.

Revised Penal Code - Act No. 3815 as amended.

- Approved on December 8, 1930
- Took effect on January 1, 1932
-
History of the Criminal Justice System
The modern criminal justice system has evolved since ancient times, with new
forms of punishment, added rights for offenders and victims, and policing reforms.
These developments have reflected changing customs, political ideals, and
economic conditions. In ancient times, through the Middle Ages, exile was a
common form of punishment. During the Middle Ages, payment to the victim (or the
victim's family), known as wergild, was another common punishment, including for
violent crimes. For those who could not afford to buy their way out of punishment,
harsh penalties included various forms of corporal punishment. These included
mutilation, branding, and flogging, as well as execution.
(https://en.wikipedia.org/wiki/Criminal_justice)
Though a prison, Le Stinche existed as early as the 14th century in Florence,
Italy, incarceration was not widely used until the 19th century. William Penn initiated
correctional reform in the United States towards the end of the 17th century. For a
time, Pennsylvania's criminal code was revised to forbid torture and other forms of
cruel punishment, with jails and prisons replacing corporal punishment. These
reforms were reverted upon Penn's death in 1718. Under pressure from a group of
Quakers, these reforms were revived in Pennsylvania toward the end of the 18th
century, leading to a marked drop in Pennsylvania's crime rate. Patrick Colquhoun,

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Henry Fielding, and others led significant reforms during the late eighteenth and
early nineteenth centuries. (Ibid.)
The British created the first official criminal justice system during the American
Revolution, as they created the system to justify hangings to the citizens of their
government primarily. A magistrate in each selected area and district would be
known today as a judge. These individuals were in charge of determining if the
Crown, also known as the British government, had enough evidence to hang an
individual for a crime. The British would not always hang an individual for committing
a crime; there would also be trials for punishments that would be carried out by
cleaning ships, prison ships, or being locked up on the British mainland. During the
American Revolution, the primary type of punishment was to be hanged or sent to
prison ships, such as the notorious HMS Jersey. After the American Revolution, the
British-based criminal justice system was adopted by other developing nations (Such
as the United States). (Ibid.)

Theories in Criminal Law.

1. Classical or juristic theory. It states that the basis of criminal liability is human
free will and the purpose of the penalty is retribution.
2. Positivist theory. The basis of criminal liability is the total of the social and
economic phenomena to which the offense is expressed.
3. Eclectic or mixed theory. A combination of the good features both from
classical and positivist theories
4. Utilitarian or Protective theory. Criminal law affirms that the primary function of
the punishment is to protect society from potential and actual wrong doers.

Crime: an act or omission in violation of a law commanding or forbidding it.

 Offense. Is an act or omission punishable by Special Laws.
 Felony. Is an act or omission punishable by RPC.
 Misdemeanor or infraction of laws. Is an act or omission in violation of
the City, Municipal, or Barangay Ordinance.
Criminal: Any person who has been found guilty of the commission of a
crime.

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 Felonies are committed either by deceit or by fault. There is deceit when the
act is performed with deliberate intent. There is a fault when the wrongful act results
from imprudence, negligence, lack of foresight, or lack of skills. (Boado, 2012. p. 35)

Elements:
Dolo (deceit) Culpa (fault)
Freedom of action. Freedom of action
Intelligence Intelligence
Intent Negligence, imprudence, lack of
foresight, lack of skill.

Intent. Refers to the use of particular means to bring about the desired result.
It is a mental state that cannot be seen; therefore, its existence can only be
demonstrated by the person's overt acts. (Ibid. p.36)

What factors affect intent and, consequently, the criminal liability of

the actor or the offender?
1. Mistake of fact. Negates criminal liability akin to justifying circumstances
under Article 11 of RPC.
Arise when a criminal defendant misunderstands facts that negate an
element of the crime.
Example: You took your friend's cellphone, believing it was yours because of its
similarity.

2. Aberratio ictus. (mistake in the victim of the blow) – Generally increases

criminal liability.
It is a mistake in the identity of the victim.
Example: Cardo wants to hit Juan but, due to lack of skill, hits Pinuno.

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 3. Error in personae (mistake in the identity) – may or may not lower
criminal liability depending upon whether the actual crime committed and
the intended crime are of equal or different gravity. (Art, 49, RPC)
They are injuring one person who is mistaken for another. The
intended victim is not at the scene of the crime. The blow was directed at
the actual victim, but he is not the intended victim.
Example: Juan mistakenly hit Pinuno, whom he thought was Cardo.

4. Praeter intentionem. (So grave a wrong caused than that intended)

lowers criminal liability under Art. 13 of RPC.
It is committed when an injury resulting from an act is greater than the
injury intended to be caused by the offender. In other words, it is the lack
of intention to commit a crime than it was designed.
Example: Juan wanted to warn Pedro by pointing a gun against the latter. However,
Juan accidentally pulled the trigger, hitting the right arm of Pedro.

5. Proximate cause. ( The cause of the cause is the cause of the evil
caused) – give rise to criminal liability by analogy to article 4, paragraph 1.
(Boado,p. 39-40)
Is an event sufficiently related to an injury that the court deems to be
the cause?
Example: a driver injures another after running a red light and hitting a car that had a
green light.

How Are Crimes Variously Classified.

1. As to commission (Art. 3)
a. Dolo or felonies committed with deliberate intent.
b. Culpa or those committed by means of fault

Article 3. Definitions. - Acts and omissions punishable by law are felonies (delitos).

Felonies are committed not only be means of deceit (dolo) but also by means of fault
(culpa).

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There is deceit when the act is performed with deliberate intent and there is fault
when the wrongful act results from imprudence, negligence, lack of foresight, or lack
of skill.

2. As to stages of execution (Art. 6)

a. Attempted
b. frustrated
c. consummated

Article 6. Consummated, frustrated, and attempted felonies. - Consummated

felonies as well as those which are frustrated and attempted, are punishable.

A felony is consummated when all the elements necessary for its execution and
accomplishment are present; and it is frustrated when the offender performs all the
acts of execution which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes independent of the will of the
perpetrator.

There is an attempt when the offender commences the commission of a felony

directly or over acts, and does not perform all the acts of execution which should
produce the felony by reason of some cause or accident other than this own
spontaneous desistance.

3. Formal felonies - those which are always consummated because the

offender cannot perform all the acts of execution without consummating the
offense.

Example; Physical injuries.

4. Material Felonies – those that can be committed in any of the stages.

5. Felonies can be committed by attempted, consummated, and no frustrated

stage.

Example: Rape, Arson

6. As to gravity (art. 9)
1. Grave felonies
2. Less grave felonies; and
3. Light felonies

Article 9. Grave felonies, less grave felonies and light felonies. - Grave felonies are
those to which the law attaches the capital punishment or penalties which in any of
their periods are afflictive, in accordance with Art. 25 of this Code.

Less grave felonies are those which the law punishes with penalties which in their
maximum period are correctional, in accordance with the above-mentioned Art..

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Light felonies are those infractions of law for the commission of which a penalty of
arrest menor or a fine not exceeding 200 pesos or both; is provided.

7. As to nature
a. Mala o=in se
b. Mala prohibita

Factors affecting criminal liability.

1. Justifying circumstances (Art. 11)

2. Exempting circumstances (Art12)
3. Mitigating circumstances (Art. 13)
4. Aggravating circumstances (Art. 14)

Persons Criminally Liable.

1. Principals (Art. 17)

2. Accomplices (Art. 18)
3. Accessories (Art. 19)

Article 17. Principals. - The following are considered principals:

1. Those who take a direct part in the execution of the act;

2. Those who directly force or induce others to commit it;

3. Those who cooperate in the commission of the offense by another act

without which it would not have been accomplished.

Article 18. Accomplices. - Accomplices are those persons who, not being included in
Article 17, cooperate in the execution of the offense by previous or simultaneous
acts.

Article 19. Accessories. - Accessories are those who, having knowledge of the
commission of the crime, and without having participated therein, either as principals
or accomplices, take part subsequent to its commission in any of the following
manners:

1. By profiting themselves or assisting the offender to profit by the effects of

the crime.

2. By concealing or destroying the body of the crime, or the effects or

instruments thereof, in order to prevent its discovery.

3. By harboring, concealing, or assisting in the escape of the principals of the

crime, provided the accessory acts with abuse of his public functions or

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 whenever the author of the crime is guilty of treason, parricide, murder, or an
attempt to take the life of the Chief Executive

Complex Crimes (Art. 48)

1. Compound crime (delito compuesto)

2. Complex crime proper (delito complejo)

Special Complex crimes – are those crimes that are treated as single
indivisible offenses although comprising more than one specific crime
and with a specific penalty.

Example:
a. Rape with homicide
b. Kidnapping for ransom with homicide
c. Kidnapping with rape
d. Robbery with homicide
e. Robbery with rape

Continuous crimes. It is a single crime consisting of a series of acts all

arising from a single or one criminal intent or resolution.

Exercise No. 1.1

Write an example or actual scenario related to the following concepts.
(please don’t copy the given example)
1. Dolo 6. Praeter Intentionem 11. Generality
2. Culpa 7. Error in personae 12. Territoriality
3. Bill of Attainder 8. Mistake of fact
4. Ex post facto law 9. Aberration ictus
5. Proximate cause 10. Prospectively

The Five Pillars of the Criminal

Justice System
1. Law Enforcement: the prevention and
control of crimes, enforcement of
laws, and effecting the arrest of

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 offenders, including conducting lawful searches and seizures to gather
necessary evidence. (Domingo, op. Cit. p.9)
2. Prosecution: the institution or continuance of a criminal suit involving the
process of exhibiting formal charges against the offender before a legal
tribunal and pursuing final judgment on behalf of the state. It is the process or
method whereby accusations are brought before a court of justice to
determine the innocence or guilt of the accused. (Ibid. p.21)
3. Court: A government body officially assembled under the authority of the law
at the appropriate time and place for the administration of justice through
which the state enforces its sovereign rights and power.
4. Corrections is the branch of the administration of criminal justice charged with
custody, supervision, and rehabilitation of convicts.
5. Community: as one of the pillars of the criminal justice system, it refers to
institutions, government, and non-government agencies and people’s
organizations that provide care and assistance to the victims or offended party
during and after the onset of the victims’ rights case. (Ibid. p.43)

The Five Pillars of the Philippine Criminal Justice System

COMMUNITY

Violators Law Prosecution

Courts
Corrections
Enforcement

The diagram illustrates the different stages or processes through which a

(violator) person suspected of having committed a crime passes from commission of
the offense to investigation and apprehension, to prosecution, trial and conviction,
and finally, punishment and correction. After going through the entire system and
after release—either by complete satisfaction of penalties or on probation or parole
—they either rejoin the community and lead a peaceful life or commit another crime
and go through the Criminal Justice System again.

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Divisions of the Criminal Justice System
1. Formal Criminal Justice System: One responsible for controlling crimes, the
one everyone sees in everyday operation, and the one that redresses a wrong
harm done to a person or property. (e.g., police, prosecution, court,
corrections)
2. Informal Criminal Justice System: This includes (aside from the traditional
criminal justice system) the public and private agencies and citizens involved
in reducing and preventing crimes. These private functionaries include
community organizations, unions, barangays, employers, and individual
citizens. Most citizens usually ignore their participation in the more extensive
criminal justice system. Because police officers are the component of the
criminal justice system in closest contact with the community, they are often
blamed for the system's failures in other parts (prosecution, courts, and
corrections). (Ibid. p. 4)
These components (formal and informal criminal justice systems) are
interdependent; hence, the failure of one component affects the whole
system. To ensure an effective criminal justice system, all components
(pillars) must work in unison to achieve the common goal of providing an
efficient and effective system that provides equal opportunity and justice.

Goals of the Criminal Justice System

1. Primary goals: a. maintenance of peace and order
b. protect members of society
2. Secondary goals
: a. Prevention of crime;
b. The review of the legality of preventive and suppressive measures;
c. The proper determination of guilt or innocence of those apprehended;
d. Proper disposition of those who have been legally found guilty;
e. The correction by socially approved means of the behavior of those
who violate the criminal law;
f. The suppression of criminal conduct by apprehending officers for whom
prevention is ineffective.

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Purpose of the Criminal Justice System
The purpose of the Criminal Justice System is to deliver justice for all by
convicting and punishing the guilty and helping them to stop offending while
protecting the innocent. (https://www.crimeandjustice.org.uk/resources/purpose-
criminal-justice-system)

A Brief Survey of the Criminal Justice System in the Philippines

Apart from poverty, corruption, and internal conflict, crime is viewed as one of
the significant problems in the Philippines. Considering the complexity of crime and
the factors that lead an offender to commit it, there is no single solution.
Nevertheless, with the coordinated efforts of the five pillars of the criminal justice
system (law enforcement, prosecution, court, corrections, and community), crimes
may be reduced and avoided. But if any of the pillars fail in their functions, such as
abusive law enforcement (ex. non-observance of due process during arrest), delay
and miscarriage of justice due to overwhelming caseloads of courts, inefficient
correctional administration (ex. overcrowding of jails) because of lack of facilities
which often lead to non-rehabilitation of offenders; and the stigma associated with
ex-convict in the community that usually deny them to find new opportunity after they
serve their sentence.
The pillars of the criminal justice system are interdependent; the failure or
success of one pillar affects the rest. For an efficient and effective criminal justice
system, all pillars must coordinate and make collective efforts to have an impartial
administration of justice for all.
An effective criminal justice system is the government's duty and the
community's responsibility. Hence, a unified effort to improve law enforcement's
management and operational skills, reduce delays in the process, make corrections
more attuned to their role of reducing criminal behavior, and increase community
participation in crime prevention should be considered. (Madelo, 2013.p. 15)

Problems in the Criminal Justice System

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 1. Intramural conflicts: one of the major problems is the frequent intramural
conflicts among the various components of the system. (Domingo, op cit. p.6)
The source of the conflict lies in the different roles played by the police, the
prosecution, the courts, the corrections, and the community. While all of them share
the common task of reducing crime, each one uses different and sometimes
conflicting methods in attaining their objectives: law enforcement for the police,
conviction, and punishment of the guilty person for the prosecution and the court,
and rehabilitation of the offenders, making them law-abiding members of the
community for the corrections.
Another source of conflict is how the community treats the reformed offenders
or ex-convicts. Permanently affixing the criminal label on ex-convicts only
complicates the process of rehabilitation.
National and local public agencies that deal with crimes do not clearly
understand how to enlist the participation of other public and private organizations,
including citizens, to reduce crime. As a consequence of this lack of understanding
and cooperation among the various components of the system, confusion and
contradiction in the promulgation of policies designed to reduce crime become
unavoidable (Ibid.)
2. Lack of vital information or research related to crime prevention
Besides the lack of training and facilities/equipment that often beset agencies
involved in the criminal justice system, one major obstacle is the lack of vital
information concerning the operation. Vital information includes:
a. Date of offenders;
b. Crime events/incidents; and
c. Statistics in the operation of the various components of the system relating
to crime prevention.
3. Inadequate Criminal Justice Planning: Criminal justice planning has become
result-oriented and designed to reduce the cost, fear, and harm caused by
crime. However, there are some deficiencies in the current process of the
formal criminal justice system regarding system-wide planning, coordination
among members of the criminal justice system, and delineation of powers
(Ibid.)

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Required Readings: The Evolution of Philippine Criminal Justice System
https://napoleoncreyes.wixsite.com/carabaojustice/single-post/2014/03/16/the-
evolution-of-the-philippine-criminal-justice-system

Exercise #1.2
1. How does the criminal justice system work?
2. How does the criminal justice system maintain peace and order?
3. Why does the criminal justice system encounter problems implementing
its program/s?
4. As a future law enforcer, do you appreciate the operation and existence
of the Philippine criminal justice system? Justify your answer.
5. Describe the Philippine criminal justice system

The Criminal Justice System (CJS) is the system of legislation, practices, and
organizations used by the government or the state to maintain social control, deter
and control crime, and sanction those who violate laws.

The criminal justice system has five pillars: law enforcement, prosecution,
court, corrections, and community. Its goals include maintaining peace and order,
protecting community members, and preventing crime. Its primary purpose is to
deliver justice for all.

Its challenges include intramural conflict, lack of vital information or research

on crime prevention, and inadequate criminal justice planning.

REFERENCES:
Domingo, Shirley S. 2013. Criminal Justice System. Ex Book Store, Inc. Manila

Madelo, Porferio C. 2013. Criminal Justice System: Basic Concepts and

Approaches. Rex Book Store, Inc. Manila

San Beda. 2017 Memory Aid on Remedial Law. San Beda Bar Operations. Manila
https://en.wikipedia.org/wiki/Criminal_justice
https://www.crimeandjustice.org.uk/resources/purpose-criminal-justice-system

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