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INTRODUCTION:
Crime is a multi-faceted social problem. Addressing this problem undergoes a
process where the community and government works together to address the problem
in law. The 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.
LEARNING GOAL:
This lesson aims to inform the participants how the five component of CJS works
separately and independently according to their mandated functions. This will also
induce their awareness of their role as police officers in crime solution and prevention.
LEARNING OBJECTIVES:
At the end of the session, participants will be able to:
1. Define the Criminal Justice System;
2. Enumerate the five major components of the CJS and how each component
operates in the System;
3. Multi-Disciplinary Approach to Crime Solution (Barangay Justice System)
4. Understand the importance of coordination among the five pillars of the CJS.
SESSIONS:
The government is responsible for providing the mechanism for enforcing laws.
This mechanism is the five pillars of the criminal justice system. The judiciary provides
for the settlement of conflicts and legal remedies, law enforcement agencies enforce
laws, rules and regulations. The 1987 Constitution enunciates the role of the state as
follows;
The Prime duty of the government is to serve and protect the people.
The maintenance of peace and order, the protection of life, liberty and property,
and the promotion of the general welfare are essential for the enjoyment by all the
people of the blessings of democracy
The Criminal Justice system is the machinery used by the Philippine society to
prevent and control crime (Feliciano & Muyot, The Philippine Criminal Justice System:
2000). It is comprised by the police and various law enforcement agencies; the National
Prosecution Service and the Public and private lawyers; the Judiciary: the corrections
system; and the community. The system comprises the social control mechanism of the
country and performs four core functions:
a) Prevent the commission of crime and protect life, individual rights and
property of citizens;
b) Enforce the law and remove dangerous persons from the community;
c) Investigate, apprehend, prosecute and sentence those who cannot be
deterred from violating the rules of society; and
d) Rehabilitate offenders, and return them to the community as law abiding
citizens.
The first four pillars, i.e., law enforcement, prosecution, courts, and corrections,
pertain to the traditional agencies vested with the official responsibility in dealing with
crime or in crime control. The community pillar is the most broad-based. Under the
concept of a participative criminal justice system in the Philippines, public and private
agencies, as well as citizens, become a part of the CJS when they become involved in
issues and participate in activities related to crime prevention and control.
b. Prosecution Pillar
Prosecution pillar, which is the responsibility of the National Prosecution
Service (NPS) of the Department of Justice (DOJ), NPS Prosecute cases filed in the
court against alleged offenders, after probable cause has been established through
evaluation. It takes care of the investigation of the complaint.
In the rural areas, the PNP may file the complaint with the inferior courts (i.e.,
the Municipal Trial Courts or the Municipal Circuit Trial Courts). The judges of these
inferior courts act as quasi-prosecutors only for the purpose of the preliminary
investigation. Once a prima facie case has been determined, the complaint is forwarded
to the City or Provincial Prosecutor's Office which will review the case. When the
complaint has been approved for filing with the Regional Trial Court, a warrant of arrest
for the accused will be issued by the court once the information has been filed.
c. Courts Pillar
The third pillar of the CJS is the forum where the prosecution is given the
opportunity to prove that there is a strong evidence of guilt against the accused. It is
also in the courts that the accused is given his "day in court" to disprove the accusation
against him.
d. Corrections Pillar
The correction pillar administers the prison and jail systems through
corrective, rehabilitative and restorative measures. It also administers death penalty to
offenders who are found guilty of committing heinous crimes. The Bureau of
Corrections, Parole and Probation Administration, Board of Pardons and Parole, Bureau
of Jail Management and Penology, Department of Social Welfare and Development and
the local government units are involved in this pillar.
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 be turned over to a non-institutional or institutional agency or facility for custodial
treatment and rehabilitation. The offender could avail of the benefits of parole or
executive clemency once he has served the minimum period of his sentence. When the
penalty is imprisonment, the sentence is carried out either in the municipal, provincial or
national penitentiary Depending on the length of the sentence meted out.
e. Community Pillar
Community Pillar collectively imposes limitations on individual behaviour of
citizens for the common good of civilized and democratic society. The community pillars
comprise of the citizenry as a whole and the various non-government organization, civil
society groups, peoples organizations, academe, religious organizations and other civic
organizations that represent citizen interest and causes.
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.
Rehabilitation takes place when the convict is serving his sentence. A convict may be
paroled or may even be placed on probation. Under the concept of a participative
criminal justice system in the Philippines, public and private agencies as well as
citizens, become part of the CJS when they participate and become involved with
issues and activities related to crime prevention. Thus, citizen based crime groups
becomes part of the CJS within the framework of their involvement in crime prevention
activities and in the integration of the convict who shall be released from the corrections
pillar into the mainstream of society.
SUMMARY
The participants have learned the definition of the Criminal Justice System,
known the five components of the CJS which are the following: 1) law enforcement, 2)
prosecution, 3) court, 4) correction and 5) community. These pillars have to work
collectively and coordination among the five pillars of the CJS is important and
imperative for the system to work. The participants likewise, have learned the Barangay
Justice System which is also a primordial concern of investigators.
The Supreme Court of the Philippines describe the criminal justice system as
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, provisions being made for their correction and rehabilitation. We have to
recognize the mutual reinforcement relationship among the five pillars of the criminal
justice system. The relationship may be described as multi-dimensional, which means
each pillar relates to every other pillar in promoting the rule of law.