criminal justice system

Criminal Justice System

By: Kirstein Pran P. Pangod, RCrim, LLB

PRE-TESTGet a piece of paper…

Question 01

• A Pillar of the Philippine criminal justice system that controls arrest and booking. A. Corrections B. courts C. Prosecution D. Law Enforcement

Question 02

• A Pillar of the Philippine criminal justice system that controls preliminary investigation and filing of information. A. Corrections B. Courts C. Prosecution D. Law Enforcement

Question 03

• A Pillar of the Philippine criminal justice system that controls arraignment, trial, sentencing, probation, suspended sentence appeal. A. Corrections B. Courts C. Prosecution D. Law Enforcement

Question 04

• A Pillar of the Philippine criminal justice system that controls incarceration in jail, parole, pardon and the serving of sentence. A. Corrections B. Courts C. Prosecution D. Law Enforcement

Question 05

• A Pillar of the Philippine criminal justice system represented by the non-government organizations and peoples organizations that contribute to the prevention of crime and delinquency. A. Prosecution B. court C. Corrections D. Community

Question 06

• An Agency of the Department of Justice whose function involves scientific criminal investigation, arrest of offenders and files complaint with the prosecutors office. A. Bureau of Immigration B. National Bureau if Investigation C. Philippine National Police D. Bureau of Correction

Question 07

• The Territorial Jurisdiction of the NBI is __________________ in scope. A. Regional B. National C. Local D. International

Question 08

• Its Mission is to maintain peace and order in the community through the delivery of prompt investigation of crimes and the prosecution of criminals. A. Philippine National Police B. National Bureau of Investigation C. Philippine Judges Association D. National Prosecution Service

Question 09

• It is the stage at which the prosecutor evaluates the findings of the police to determine if prosecution of the suspect in court is warranted. A. Preliminary Evaluation B. Pre-Trial C. Preliminary Investigation D. Plea Bargaining

Question 10

• Nolle Prosequi, in criminal justice system means A. Decide to prosecute B. Decide not to prosecute C. File the case D. Plea Bargain for a Reduced Charged

Question 11

• It is the forum where the prosecution is given the opportunity to prove that there is a strong evidence of guilt against the Accused. A. Courts B. Police C. Bar D. Prosecution

Question 12

• Provincial Jails are under the A. DOJ B. DILG C. DPWH D. DOE

Question 13

• The BJMP is under the A. DOJ B. DILG C. DPWH D. DOE

Question 14

• It is known as the Witness Protection Security and Benefit Act. A. R.A. 6981 B. R.A. 6975 C. R.A. 8551 D. R.A 9775

Question 15

• A Branch of the Philippine Government responsible for passing laws that define illegal behavior, setting sentences for violation of the laws and appropriating the money for correctional operations. A. Legislative Branch B. Executive Branch C. Judicial Branch D. Administrative Branch

Question 16

• A Branch of Government that approves or vetoes the law passed by the legislators and is responsible for enforcing the laws. A. Legislative Branch B. Executive Branch C. Judicial Branch D. Administrative Branch

Question 17

• A Branch of the Philippine Government that is responsible for interpreting the laws. A. Legislative Branch B. Executive Branch C. Judicial Branch D. Administrative Branch

Question 18

• There are three pillars of the American criminal justice system. They are the following: A. Police, Prosecution, Courts B. Police, Courts, Community C. Police, Courts, Corrections D. Police, Prosecution, Correction

Question 19

• The First police department in the United States. A. New York Police Department B. Philadelphia Police Department C. Boston Police Department D. Chicago Police Department

Question 20

• Defendant makes a deal and plead guilty to a lesser crime in return for lesser penalty. A. Preliminary Evaluation B. Pre-Trial C. Preliminary Investigation D. Plea Bargaining

ANSWERS

1. D2. C3. B4. D5. D6. B

7. B8. D9. C10. B11. A12. B

13. B14. A15. A16. B17. C18. C

19. C20. D

Criminal Justice System

-machinery used by the government to prevent and control crime

Five Pillars

Five Pillars

1. Law Enforcement

2. Prosecution

3. Court

4. Corrections

5. Community

American Criminal Justice Syste

•Law Enforcement

•Court

•Correction

Law Enforcement

- First pillar of the CJS- Tasked with the implementation of the laws- Protect, enforce, maintain peace and order, prevent crime- PNP, NBI, BJMP, BOF, an other institutions concerned with

the implementation of laws- Under the executive department

Departments

•Executive

•Legislative

•Judiciary

Arrest

• Taking of a person into custody so that he may answer the accusations against him

•General rule: No arrest without warrant – issued by the judge

Valid Warrantless Arrest

1. When, in his presence, the person to be arrested has committed, is actually committing or is attempting to commit an offense;

2. When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person o be arrested has committed it; and

3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

Valid Warrantless Search

1. Search incidental to lawful arrest2. Search on moving vehicle3. Plain view search4. Customs search5. Waiver6. Stop-and-frisk7. Inspection search8. Border search9. Consented warrantless search10. Exigent and emergency circumstances

Prosecution

- Tasked to conduct preliminary investigation to determine the existence of probable cause

- Files the information before the court with the proper jurisdiction over the case

- Preliminary investigation is necessary for offenses punishable by imprisonment of 4-2-1

- Inquest is conducted if offender is arrested without a warrant

Preliminary Investigation

• Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.

Inquest Investigation

• Informal investigation by prosecution – for arrested without warrant

• 18-24-36 – depending on gravity of crime

Court

- Determines the guilt of the accused- Under the Department of Justice- Organization

SC

Court of Appeals Sandigan Bayan

Regional Trial Court Court of Tax Appeal

MTC/ MCTC/ MTCC/ MeTC

Correction

- Regarded as the weakest pillar of the CJS

- Tasked with the rehabilitation of the offenders

- Bureau of Corrections –under the DOJ

- BJMP – under the Executive Department

- Rehabilitation of youthful offenders – under the DSWD

Community

•Tasked with the further rehabilitation of the offenders after his release