The document discusses the criminal justice system (CJS) and its five pillars in the Philippines. It defines the CJS as the machinery used to prevent and control crime. The five pillars that make up the CJS are: law enforcement (police), prosecution, courts, corrections, and community. It provides details on the roles and responsibilities of each pillar, as well as the key agencies that comprise them, such as the Philippine National Police (PNP), Department of Justice, and Bureau of Corrections. The purpose of the CJS is to uphold social control, deter crime, sanction law violators, and support rehabilitation efforts.
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Soc2 CJS
The document discusses the criminal justice system (CJS) and its five pillars in the Philippines. It defines the CJS as the machinery used to prevent and control crime. The five pillars that make up the CJS are: law enforcement (police), prosecution, courts, corrections, and community. It provides details on the roles and responsibilities of each pillar, as well as the key agencies that comprise them, such as the Philippine National Police (PNP), Department of Justice, and Bureau of Corrections. The purpose of the CJS is to uphold social control, deter crime, sanction law violators, and support rehabilitation efforts.
Download as PPT, PDF, TXT or read online on Scribd
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INTRODUCTION
Criminal Justice System is the practices and
institutions of government directed at upholding social control, deterring and mitigating crime and sanctioning those who violates laws with criminal penalties and rehabilitation efforts. Since this a community pillar activity, it is significant to share the prevailing notions that guide the thinking of the people regarding the workings of CJS. This lesson aims to inform the participants how the component of CJS works separately and independently, this will enhance the understanding of the students on the different pillars of the criminal justice system as well as its function. It includes the different advantages and detrimental issues encompassing the system, its challenges to be encountered for better understanding. Likewise, this will induce awareness to the participants their role as police officers in crime prevention and in preparing people who are in conflict with law to be a good and productive citizen when they return to the community. At the end of the session participants will be able to; 1.Define the CJS 2.Know the major components of the CJS 3.Functions of the components of the CJS 4.How does the CJS Operate 5.What is Citizen's Arrest 6.What can you do to help in the CJS 7.Agencies and Offices comprising the Philippine CJS. 8.To know the issues and challenges The CRIMINAL JUSTICE SYSTEM (CJS) is the machinery which society uses in the prevention and control of crime. The process is the totality of the activity or activities of the law enforcer, prosecutor, defense lawyers, judges and correctional personnel, as well as those of the mobilized community in the CRIME PREVENTION and CONTROL. Other used to define it as An orderly progression of events from the time person is arrested or taken out of the community, investigated, prosecuted, sentenced, punished and eventually returned in the community. Basically, the criminal justice system in the American context is made up of three (3) key components: Police Court Correctional On the other hand, the Five Pillars of criminal justice system in the Philippine setting are composed of: Police Prosecution Court Correctional Community C O M M U N I T Y C O R R E C T I O N S C O U R T S P R O S E C U T I O N E N F O L R A C W E M E N T 5 PILLARS OF THE CRIMINAL JUSTICE SYSTEM
BRIEF HISTORY, CREATION AND DEVELOPMENT OF THE POLICE IN THE PHILIPPINES JANUARY 21, 1901 The department of public instruction was created. This DPI becomes the basis for the United States to create the Western Police District (WPD)to police the Manila. July 31, 1901 Act No. 183 was passed. This act is the law that created the WPD. The first chief of police for Western Police District is CAPT. GEORGE EASTMAN CURREY. March 20, 1917 The Revised Administrative Code of the Philippines was approved. Under Sec. 2275, Book III, Title IX provide for the creation of policemen in any city or municipality thru the approval of Provincial Governor if a town is infested with: Outlaw Lawbreakers; and; Suspicious looking characters. {No service of the military was allowed for this purpose.} January 2, 1942 WPD was captured and re- named METROPOLITAN CONSTABULARY by the Japanese Imperial Army. 1944 The Philippines was liberated. All police forces were again under the leadership of COL. MARCUS ELLIS JONES. RA 541 A law that created to Improved the Police Service by the Congress. RA 4864 The Police Act 1966 Proclamation 1081 Martial Law
PD 765 The Integrated National Police (INP) Law RA 6975 The Philippine National Police (PNP) Law RA 8551 The PNP Reorganization and Reform Law RA 9708 Embodies further amendments to RA 6975 and RA 8551 THE POLICE AS FIRST PILLAR OF CJS
Prevention of crimes; Enforcement of laws, Decrees and Ordinances Protection of life and property from criminal attack Preservation of peace and order Safeguarding the rights of other Agencies and Offices Comprising the Philippine CJS Law Enforcement Philippine National Police (PNP) National Bureau of Investigation (NBI) Other Agencies which enforce special Laws such as: Presidential Anti-Crime Commission (PACC) Bureau of Internal Revenue (BIR) Land Transportation Office (LTO) Bureau of Customs (BOC) Food and Drug Administration (FDA) Philippine Coast Guard (PCG) Philippine Aviation Security Command (PASC) Marine Industry Authority (MARINA) Bureau of Fish and Aquatic Resources (BFAR) Air Transportation Office (ATO) Other regulatory bodies with law enforcement functions C O M M U N I T Y C O R R E C T I O N S C O U R T S P R O S E C U T I O N E N F O L R A C W E M E N T 5 PILLARS OF THE CRIMINAL JUSTICE SYSTEM Within the Philippines context, the prosecutor (formerly known as fiscal) occupies a unique position in the CJS. Serving as the lawyer of the state/government in criminal cases, the prosecutor is automatically considered an officer of the court: and at the same time, the prosecutor is formally a member of the Department of Justice, under the Executive branch of Government, and thus, independent from JUDICIARY nor COURT PILLAR. Agencies and Offices Comprising the Philippine CJS Prosecution National Prosecution service (NPS-DOJ) Office of the Special Prosecutor (OSP) Office of the Ombudsman Judge Advocate Generals Office (JAGO) C O M M U N I T Y C O R R E C T I O N S C O U R T S P R O S E C U T I O N E N F O L R A C W E M E N T 5 PILLARS OF THE CRIMINAL JUSTICE SYSTEM Situated between the prosecution and correction, the court is the CENTERPIECE of the CJS. As such, the court performs, perhaps the most important role in the administration of the criminal justice because: It is the court that anyone turns for justice; It is responsible for applying criminal law against the offender who commits crime, at time protecting the law violators from the violations of their rights by criminal justice agents.
Judicially, as the third pillar of CJS, the court is looked upon as: The final arbiter for justice; The front line defender of democracy , freedom and human dignity; The only institution capable of identifying and maintaining the proper balance between conflicting rights of individual and of the state & society. 2008 2009
Criminal Cases
469,294
429,130
Ordinary Civil Cases
99,472
90,632
Other Cases
52,717
51,227
TOTAL
621,483
570,989 OFFICE OF THE COURT ADMINISTRATOR CASE FLOW AND PENDING CASES* Agencies and Offices Comprising the Philippine CJS Court Supreme Court Court of Appeals Sandiganbayan Regional Trial Court Metropolitan Trial Court Municipal Circuit Trial court Court of tax Appeals C O M M U N I T Y C O R R E C T I O N S C O U R T S P R O S E C U T I O N E N F O L R A C W E M E N T 5 PILLARS OF THE CRIMINAL JUSTICE SYSTEM The fourth pillar takes over once the accused, after having been found guilty, is meted out the penalty for the crime he committed. He can apply for probation or he could turn over to non-institutional correction agency or facility for custodial treatment and rehabilitation. The offender could avail of the benefits of parole or executive clemency once he has the minimum period of sentence. When the penalty is imprisonment, the sentence is carried out either in municipal/city, provincial, or national penitentiary depending on the length of the sentence meted out. PUNISHMENT DETERRENCE ISOLATION REHABILITATION REINTEGRATION CONTEMPORARY CORRECTIONS Bureau of Jail Management and Penology (BJMP) For prisoners whose sentence are (1) day to (6) months Provincial Jail For prisoners whose sentence are more than six (6) months but not more than (3) years. National Prison (NEW BILIBID PRISON or NBP) under the Bureau of Corrections (BUCOR) for those prisoners whose sentence are more than three (3) years and above. This includes executions of all prisoners sentenced to death. This is more known as Non- Institutional type of correction. This type of correction is being carried out by virtue of the following laws: PD 603 (The Child and Youth Welfare Code) PD 968 (The Adult Probation Law)
Note: The above two Laws pertains to suspension of sentence for minor and adult offenders. Agencies and Offices Comprising the Philippine CJS Correction Bureau of corrections (BUCOR) Parole and Probation administration (PPA) Board of pardons and Parole (BPP) Bureau of Jail Management and Penology(BJMP) Provincial Rehabilitation Center (PRC-DILG) City/Municipal Rehabilitation Center (C/MRC- BJMP) Regional Youth Rehabilitation Center (RYRC- DSWD) C O M M U N I T Y C O R R E C T I O N S C O U R T S P R O S E C U T I O N E N F O L R A C W E M E N T 5 PILLARS OF THE CRIMINAL JUSTICE SYSTEM The fifth pillar has a two-fold role. First, it has the responsibility to participate in law Enforcement activities by being partners of the peace Officers in reporting the crime incident, and helping in the arrest of the offender. Second, it has the responsibility to participate in the promotion of peace and order through crime prevention or deterrence and in the rehabilitation of convicts and their reintegration to society. After convicts have passed through the Correction Component - either unconditionally (as by full service of the term of imprisonment imposed on them), or by parole, or by pardon - they revert to the COMMUNITY and either lead normal lives as law-abiding citizen in their barangays or regrettably commit other crimes and thus go back through the same stages of the Criminal Justice System. Participation of the COMMUNITY in CJS Under the Philippine concept of a participative criminal justice system in the Philippine, public and private agencies as well as individual citizens, become part of the CJS when they participate as actively involve with issues and activities related to CRIME PREVENTION. Thus, citizen-based crime prevention groups become part of the CJS within the framework of their involvement in crime prevention activities and in the reintegration of convict who shall be released from correction pillar into mainstream of society.
THE CITIZENS ARREST Arrest may be effected WITH or WITHOUT WARRANT. Warrant less arrest may be effected by peace officers as well as private individual in any of the following circumstances: When in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; When an offence has in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; & When the person to be arrested is a prisoner who has escaped from a penal institution or is temporarily confined during the pendency of the case, or has escaped while being transferred from one confinement facility to another AGENCIES THAT COMPRICES THE COMMUNITY PILLAR Department of Social Welfare and Development (DSWD) National Economic Development Authority (NEDA) Bureau of Local Government Supervision (BLGS- DILG) Philippine Public Safety College (PPSC) Philippine Information Agency (PIA) Dangerous Drug Board (DDB) Non-Government Organizations (NGOs) Peoples Organization (POs) Other government agencies, institutions and programs whose principal function are geared toward the promotion of socio-economic welfare. Law Enforcement (Issues and Challenges) Issues Solution Challenges 1.How to enhance the professional competence of the Police force in relation to CJS Police force recruitment should be done on merit basis. In-service Training should be regularly provided. There may be external interference in Police recruitment. Lack of funds for Human Resources Development. Law Enforcement (Issues and Challenges) Issues Solution Challenges 2. How to augment the resources of the Police force in relation to CJS? There should be adequate budget provided to the Police more particularly for the operation of the Police station. Budget Limitation Lack of Political will Law Enforcement (Issues and Challenges) Issues Solution Challenges 3. How to bridge the gap between the Police and Community in relation to CJS? A sense of social responsibility needs to be inculcated within the Police force Lack of social responsibility among the Police force There is estrangement between the Police and the Community. Law Enforcement (Issues and Challenges) Issues Solution Challenges 4. How to minimize external interference in the operation of the Police in relation to CJS? Minimize Political use of Police and external influence on Police operations. There may be undue influence from the local executive branch on Police operation. Agencies and Offices Comprising the Philippine CJS Community Department of Social Welfare and Development (DSWD) National Economic Development Authority (NEDA) Bureau of Local Government Supervision (BLGS-DILG) Philippine Public Safety College (PPSC) Philippine Information Agency (PIA) Dangerous Drugs Board (DDB) Public Assistance Reaction Against Crime (PARAC) Non-government Organizations (NGOs) Peoples Organizations (POs) Other government offices, institutions and programs whose principal functions are geared toward the promotion of socioeconomic welfare. Does the Philippines has the best criminal justice system as compared to other countries? QUESTION???