CRIMINAL JUSTICE SYTEM

Criminal Investigation Course

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 institution 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 components 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. 2.

3. 4.

Define the Criminal Justice System; Enumerate the five major components of the CJS and how each component operates in the System; Multi-Disciplinary Approach to Crime Solution (Barangay Justice System) Understanding the Importance of coordination among the five pillars of the CJS.

Definition of the Criminal Justice System

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 activities of law enforcers, prosecutors, defense lawyers, judges and corrections personnel, as well as those of the mobilized community in crime prevention and control. The System works in order to prevent and control the commission of crime, enforcement of the law, safeguard lives, individual rights, and properties, investigate, apprehend, prosecute and sentence those who violated the rules of society and rehabilitate the convicts and reintegrate them into the community as law-abiding citizens.

Components of the Criminal Justice System

a. Law Enforcement b. Prosecution c. Courts d. Corrections e. Mobilized Community The government is responsible for providing the mechanism for enforcing laws. This mechanism is the five pillars of 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 Primary 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 Role of Criminal Justice System

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 functions:

a.

b.

c.

d.

Prevent the commission of crime and protect life, individual rights and property of citizens; Enforce the law and remove dangerous persons from the community; Investigate, apprehend, prosecute and sentence those who cannot be deterred from violating the rules of society; and Rehabilitate offenders, and return them to the community as law abiding citizens.

Law Enforcement Pillar

The first pillar is responsible for the prevention of the commission of crime, the protection of the life, liberty and property, and in generally maintaining community peace and order. This is primary undertaken by the Philippine National Police (PNP) and the National Bureau of Investigation. There are other government agencies, such as the Bureau of Immigration and Internal Revenue, which are also mandated to enforce specific laws.

Prosecution Pillar
Prosecution Pillar, which is the responsibility of the National Prosecution Service (NPS) of the Department of Justice (DOJ), NPS Prosecutes cases filed in the evaluation. It takes care of the investigation of the complaint.

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.

Correction 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 Pardon and Parole, Bureau of Jail Management and Penology, Department of Social Welfare and Development and the local government units are involved in this pillar.

Community Pillar
Community Pillar collectively imposes limitations on individuals behavior 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 organization and other civic organizations that represent citizen interest and cause.

The fifth pillar has two-folded 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.

Barangay Justice System

Katarungang Pambarangay is in force by virtue of PD 1508 as amended by RA 7610. It provides for the creation of lupon tagapamayapa who shall exercise administrative supervision of amicable settlement of all disputes covered by the katarungang pamabarangay law. In principle, Katarungang Pambarangay is an informal part of the Court because there is complaints either civil or criminal which requires undergoing the process of reconciliation. The creation of Katarungang Pambarangay aims to provide speedy resolution of court dockets through conciliation, mediation, and arbitration to avoid mockery in the dispensation of justice in court.