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CJS 1.1

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12 views

CJS 1.1

Uploaded by

jessamariemarch0622
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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CLJ 1

THE PHILIPPINE
CRIMINAL JUSTICE
SYSTEM
CJS Defined
 Criminal Justice System is the mechanism
which the society uses in the prevention and
control of crime. It consists of the system of
courts, including the barangay justice system,
the informal justice system implemented
through practice particularly by indigenous
communities, and the quasi-judicial bodies
empowered by law to perform adjudicatory
functions;
CJS Defined
 The systems for law enforcement and prosecution
which involve investigating, apprehending and
prosecuting those who could not be deterred from
violating the law and the rules of the society; the
system of corrections and rehabilitation or the means
of rehabilitating offenders and returning them to the
community as law-abiding citizens; and the
community which collectively imposes limitations on
individual behavior of citizens for the common good
of civilized and democratic society that deters
criminality and criminal behavior.
CJS Defined
 The machinery of the Philippine society uses
in the prevention and control of crime.
CJS Defined: Supreme Court
 The system or process in the community by
which crimes are investigated, and the
persons suspected thereof are taken into
custody, prosecuted in court and punished if
found guilty, with provision being made for
their correction and rehabilitation.
CJS Defined
 The aggregate of all operating and
administrative or technical support agencies
that perform criminal justice functions.
(Schmalleger).
The goals of the criminal
justice system are:
 To make sure that there are no wrongful convictions and that
the right person is identified and convicted of the crime
he/she committed;
 that both suspect and victim have access to remedies; that
they are provided with a speedy and impartial process that
ensures the protection of their human and legal rights, and
equal treatment before the law;
 that the appropriate remedy is applied to the convicted;
 and, that while serving sentence the convicted is accorded
humane treatment and adequate support to enable him to
develop or redevelop his capacity as a good and productive
member of the community.
 To gain and sustain the trust and confidence
of the community, and engage the community
as an active and effective partner in solving
crime, and in facilitating the provision of
remedies particularly through restorative
justice.
 To develop capacity of communities to
demand accessible, speedy, impartial and
quality justice, and in particular the
appropriate remedies for their grievances.
What is the Bottom Line of
CJS?
JUSTICE- is a social norm providing guidance
for people in their dealings with one another;
as a standard against which actions are
evaluated; and as a prescription for
requirement that people act justly.
LAW: Instrument for Justice
Law is a major input to the criminal justice
system. Law is society’s primary instrument
for making known what acts are crimes and
what sanctions may be applied to those
who commit acts as defined as crimes.
LAW Defined
Is the method of social control that is formally
enacted and promulgated by the agencies of
the government duly authorized in that
society to make law and that is subject to
interpretation by and through the COURTS.
Forms of LAW
1. Common Law- known in other countries as
the body of principles, practices, usages and
rules of action.
2. Statutory Law- a legislated law; or law
made by legislatures
3. Case Law- law made by justices in cases
decided in the appellate courts especially by
the Supreme Court
Types of Law
1. Civil Law- law which has something to do
with such things as contracts, wills,
inheritances, marriage, property, divorce,
adoption and the like and with private
injuries which are called “TORTS”
2. Criminal Law- is that branch or division of
law which defines crimes, treats of their
nature and provides for their punishment
THE CJS as a SYSTEM
System- is one w/c consists of several parts
that interacts with each other to produce
results, serve function, or meet objectives.

As a system, the CJS is the machinery which


society uses in the prevention of crimes.
Characteristics of CJS as a
System
1. System have identifiable components
2. Each System constitutes an identifiable
whole
3. The system’s components are
interdependent.
4. Each system operates within an
environment.
What are the different nomenclatures given
to the person who is being processed
under the CJS?
 At the police stage, during investigation, he is referred to as the
SUSPECT.
 At the Prosecutors office, during the determination of probable cause or
during the Preliminary Investigation, he is referred to as the
RESPONDENT.
 At the trial of the case, when a case has been filed in Court, he is referred
to as the ACCUSED.
 Once the Court has determined that the accused is guilty beyond
reasonable doubt as charged and the judgment has been rendered, he is
referred to as the CONVICT.
 It is only upon undergoing all the process when the person has served
the sentence when he can really be considered as a CRIMINAL.

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