The Philippine Criminal Justice System

THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

INTRODUCTION

                The view of criminal justice as a system is important for our understanding of the place of the corrections in it, but we must recognize that the system does not necessarily operates in a smooth, orderly manner with the accused persons entering upon arrest and henceforth moving briskly toward the disposition of their cases.

                The realities of the administration of justice lead many people to believe that it is not a system at all, because the well-oiled machine implied by the word system is not just there:  the part are not functioning as the organization chart or rules are specify.  However, social scientists know that systems depart from formally stated goals and procedures as various types of political, individual and organizational influences are brought into play.  And the criminal justice system – a loose confirmation of agencies at all levels of the government that together provide the means by which offenders are apprehended, tried and punished – is susceptible to a multitude of such influences.

SYSTEM CHARACTERISTICS

                As a system, criminal justice is made up of a set of interesting parts – that is, all the institution and processes by which decisions are made.  For criminal justice to achieve its goals, each part must make its own contribution.  None can function without some degree of contract with at least one other part.  To group what it is that they do, we must look at their relationship with another:  the police with prosecutors, probation officers with judges.

                Plea-bargaining between a persecutor and the defendant is probably the most obvious example of an exchange relationship.  The defendant pleads guilty in exchange for some valued rewards:  a reduction of charges, the prosecutor’s recommendation of a light sentence, a parole officer agreement to ease the rules in exchange for the so called face-to-face relationship are found throughout the system.

DEFINITION OF TERMS

A.      Criminal Justice System – is the machinery, which the Philippine Society uses in the prevention and control of the crime.  It is a group of agencies or legislators responsible in the adjudication of criminal laws.

B.      Criminal Justice System Process – it is the decision making point from the initial investigation or arrest by the Police to the offender and his re-entry to society.

C.      Criminal Justice – is a field of study, which deals with the nature of crime in the society as well as analyzing the formal processes, and social agencies, which had been established for crime control.

D.      Courts – refers to the body in the government, which is charged with the responsibility of the administration of justice.

E.       Corrections – deals with punishments, treatment, incarceration and rehabilitation of offenders.

F.       Probation – is disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court to the supervision of a probation officer.  Or a suspended sentence during good behavior.  (PD 968 – Probation Law of 1976)

G.     Complaint – a sworn written accusation charging a person with an offense subscribe by the offended party and a peace officer or other charge with the law violated.

H.      Information – is an accusation in writing charging a person with an offense subscribes by the Fiscal and filed with the court.

I.        Arrest – it is the taking of  a person into custody in order that he maybe forthcoming to answer for the commission of offense.

J.        Police Power – the inherent power of the state to enact laws subject to limitations.  (Bill to attainder, Ex-Post Facto Law)

Bill of Attainder – inflicting punishment without judicial trial.

Ex-post Facto Law – it is a bill punishing acts, which are not punishable at the time of commission.

K.       Bail – Security for the temporary release or liberty of the accused.

1.                   Cash Bail

2.                   Surety Bond (Insurance)

3.                   Character Bail (Custody)

L.       Arraignment – stage of the proceeding wherein the accused will be informed about the nature and caused of the accusation against him and ask him guilty or not guilty for the offense charged.

M.    Mittimus – A warrant issued by a court bearing its seal and the signature of the judge directing the jail or prison authorities to receive the convicted offender for service of sentence impose therein.

N.     Penology – is the study of reformation and rehabilitation of criminals and the management of prisons.

FIVE (5) PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM (PCJS)

1.       Police or Law Enforcement - to effect arrests on law violators

2.       Prosecution – to seek legal punishment investigation

3.       Courts – a place where justice is administered

4.       Corrections or Correctional Institutions

5.       Community – body of people living in the same place under the same laws

BRIEF SURVEY OF CRIMINAL JUSTICE SYSTEM IN THE PHILIPPINES

                The five (5) pillars of Criminal Justice System in the Philippines are beset with the crime viewed as a major problem in the country.  Considering the complexity of crime, there is no quick and simple explanations or solutions to it.  However, with the coordinated efforts of the five processes of criminal justice directly or indirectly somehow is put under check and not so widespread to cause panic and anarchy in our society.

                In fact, it cannot be gain said that the pillars fail in their functions as shown by our overcrowded jails/prisons, full dockets of the courts and office of the prosecutors, overwhelming caseloads of the Probation and Parole Board and the increase of witnesses cooperating in the prosecution of criminals in court.

                The discerning public must realize that each pillars fail in their functions has a vital role in the administration of justice the success of which lies entirely on its shoulder.  Indubitably, it is not feasible to attain the goals of the criminal justice process if one of the pillars/components shirks and ignores its roles.  To be more productive, the five pillars must solidify their relations with other agencies geared to their collective efforts to have an impartial administration of justice for all.

FUNCTIONS OF CRIMINAL JUSTICE SYSTEM

                1.   Preventing the commission of crime, enforcing the law.

                2.   Protecting life, individual rights and property.

3.   Removing dangerous persons for the community.

                4.   Deterring people from indulging in criminal activities.

5. Investigating, apprehending, prosecuting and sentencing those who cannot be deterred from violating the rules of the society.

6.    Rehabilitating offenders and returning them to the community as law-abiding citizen.

GOALS OF CRIMINAL JUSTICE SYSTEM

                1.    Primary Goals

                                a.   Maintenance of peace and order

                                b.   Protect members of society

                2.   Secondary Goals or Sub-Goals

                a.   Prevention of crime

                b.   The review of the legality of the preventive and suppressive measures

                c.   The judicial determination of gift or innocence of those apprehended

                d.   The proper disposition of those who have been legally found guilty

e.   The correction by socially approved means of the behavior of those who violate the criminal law

f.   The suppression of criminal conduct by apprehending offenders for whom prevention is ineffective.       (Robert d. Pursley, P.S. Introduction to Criminal Justice System, Macmillan Publishing, 1991)