Chapter 1

INTRODUCTION TO CRIMINAL JUSTICE

BASIC TERMINILOGIES PRINCIPLES AND PHILOSOPHICAL APPROACHES

A. Criminology and Criminal Justice Differentiated

What is Criminal Justice?

Sieged and Senna states that criminal justice maybe viewed or defined as the system of law
enforcement adjudication and correction that is directly involved in the apprehension, prosecution, and
control of those charged with criminal offenses/

Notice that in the this definition, the American Criminal Justice Systems main focus is on enforcement,
adjudication and correction.

In the American Justice System, there are only three (3) pillars: (1) Law Enforcement, (2) the Court, and
(3) the corrections

In general, a Criminal Justice System (CJS) involves a number of government agencies that ensures the
protection of the public, the maintenance of order, the enforcement of the law, the identification of
transgessors, the prosecution of the accused and the finding of the guilty, and the correction and
treatment of criminal behavior.

What is criminology?

Sutherland, Cressey and Luckenbill define criminology as the body of knowledge regarding crime as a
social phenomenon it includes within its scope the process of making laws, of breaking laws, and of
reacting toward the breaking of laws.
They further ote that criminology has three interrelated divisions; theres are:

i. The Sociology of Criminal Law which systematically analyzes the conditions under which penal laws
develop and explains as well the procedures used in police agencies and courts. This first division
focuses on lawmaking.
ii. The Sociology of Crime and the Social Psychology of Criminal Behavior which examines economic,
social and political conditions that generates or prevents the commission of crimes. This second division
focuses on law-breaking.
iii. The Sociology of Punishment and Correction that systematically analyzes the procedures and policies
that aims to control crimes. This third division focuses on societys reaction to law-breaking.

What is the Difference between Criminal Justice and Criminology?

(a) While Criminology explains the etiology, extent, and nature of the crime in society; Criminal Justice
studies the agencies of social control that handles criminal offenders.
While Criminologists are concerned with identifying the nature, extent and causes of crime
Criminal Justice scholars engage in describing, analyzing, and explaining the operations of the agencies
of justice, specifically the police agencies, the prosecution, the courts and the rest of the pillars of the
system in seeking more effective methods of crime control and offender rehabilitation

Is there an overlapping area of concern between criminal justice experts and criminologists?

Yes, Criminal Justice experts cannot begin to design effective programs of crime prevention of
rehabilitation without understanding the nature and causes of crime. They require accurate criminal
statistics and data to test the effectiveness of crime control and prevention programs.It is in this aspect
that Criminal Justice and Criminology have overlapping concerns.

B. Crime and the Criminal Justice System

What is the event that calls for the operation of the Criminal Justice System? Why?

Crime is the event that calls for the operation of the criminal justice system. When a crime is
committed, it disturbs the tranquility and harmony of the society. Such event calls upon the police to
initiate police intervention by way of investigation or apprehension of those who violated the law; the
prosecutor to prosecute the case; the court to determine the guilt of the accused; and the rest of the
system follows as incumbent upon their role in the criminal justice process

Enumerate some of the legal principles or maxims regarding a crime or a criminal act.

(a) Nullum crimen nulla poena sine lege That is - There is no crime where no law is punishing it.
(b) The maxim is, actus non facit reum, nisi mens rea- A crime is not committed if the mind of the
person performing the act complained be innocent.
(c) The maxim is Actus me invito factus, non est meus actusAn act done by me against my will is
not my act.
d) Crimes are either mala en se and mala prohibita. The first set of crimes refer to those that are
naturally criminal on moral grounds while the second set of crimes pertain to those acts that have
been criminalized for regulatory purposes. Murder is an example of a mala en se while the Illegal
Possession of Firearms and Ammunition is an example of mala prohibita.

what department of the government defines and punishes an act?

A. Under the 1987 Philippine Constitution, the Legislative branch of the government or Congress,
which is composed of the Upper House or the Senate and the Lower House or the House of
Representatives, is entrusted with the power to enact, modify or repeal laws.5 It is empowered to
determine what acts are deemed harmful to our society and punishes such acts in order to suppress
them
B. Our local legislative bodies (Sanggunian Panlalawigan, Sanggunian Panlungsod, Sanggunian
Pambayan, Sanggunian Pambarangay) are also authorized to enact laws that are criminal or penal
in nature and are applicable or enforceable only within their respective territorial jurisdiction

What is crime in the criminological sense?

A crime is a violation of societal rules of behavior as interpreted and expressed by a criminal legal
code created by people holding social and political power. Individuals who violate these rules are
subject to sanctions by state authority, social stigma, and lose of status. This definition combines the
consensus position that the criminal law defines crimes with the conflict perspectives emphasis on
political power and control and the interactionist concept of stigma. Thus, crime as defined here is a
political, social, and economic function of modern life.

What is crime in the legal sense?

Crimiologist defne crime as a voluntary and intentional violation by legally competent person of a
legal duty that commands or prohibits an act for the protection of the society; A crime is punishable
by judicial proceedings in the name of the state.

From this legal definition what are the things that apparently constitute crime?

They are the following

1. The act must be voluntary. Thus, If the criminal act were shown to have been done involuntarily
as when the individual is forced to commit a criminal act against his will. The person cannot be found
guilty of the crime

2.It must be intentional. Thus otherwise criminal act that occurs by accident generally is not
considered crimes.

3. It must be committed by a legally competent person. Under the law certain persons are
considered not capable of committing a crime, like the insane or those who are fifteen (15) years old
and below.

4. The behavior that constitutes crime can be either an act of commission or an act of omission,
Thus, one maybe guilty of a crime by doing something which is prohibited or should not be done (i.e.
murder) as well as doing what the law says should be done (i.e payment of tax)

In this connection, an act of omission to constitute a crime must be considered unlawful by the
statute at the time the act is committed

5. A crime is an act that threatens the welfare of the society and punishable by judicial proceedings
in the name of the state. Thus crime is considered to be a crime against the collective well-being of
the society. In criminal proceedings, the offended party or private complainant is merely considered
as the primary witness of the state

Based also on the legal definition, how may the government convict a person of a crime?

In order to convict a person, the government must show that

1. An act was committed, that a t the time of its commission was prohibited, or that the accused
failed to do something commanded by law (act); (In this connection it is better to recall the principles
or maxims in criminal law as previously stated)

2. That the accused did the act voluntarily and with full knowledge of what he ore she was doing (the
crime must be committed with the concurrence of intent, freedom of action, and intelligence, or by
means of negligence of imprudence

3.That the act resulted from the intent (the concurrence of act and intent or negligence or
imprudence)

4.That the act and the intent caused something to occur that was offensive to the law (causation);
and

5. That it caused some harm to society (result)

How are crimes classified by criminologists? Give example

Criminologist devote a great deal of attention to defining crime in general or in specific terms

Some of the examples of criminological classification of crimes are the following:

-The types of victims (Child abuse, women, elderly

-The type of offender (white-collar crimes, hate crimes, blue collar crimes)
-The object of the crime (property,person,state)
-The method of criminal activity (organized, accidenta or negligence, or modus operandi
- Degree of Gravity (Light, Serious, or Less Serious)
-Nature of Crime (Mala in se or Mala prohibita
-Classify as to its source of enactment or legislation (Felony, Offense, Infraction of an Ordinace)
-Formal Crime or Informal Crime( consummated) immediately (Like, Oral defamation of physical
injurty or there are stages in its commission
-Continuing Crime (Elements of the crime may be committed in different places or venue like
kidnapping, estafa or swindling, or venue (Like kidnapping, estafa or swindling, or in violation of the
Anti-Trafficking in Persons Act of 2012 or R.A 103640 or that the crime is committed in a
continugous or series of acts manifesting the same or singular intent or purpose
-Transitory crime (crime is committed while on board a private or public vehicle or on board a vesell
-Status offense (Punishable when committed by minors but not when committed by adults

What is the importance or effect of the classification of crimes in the Administration of Criminal
justice?

it is very important because it will affect the decision making of the agents or agencies of Criminal
Justice in regards to enforcement of crimes. Serious crimes like murder, robbery or kidnapping for
ransom are more likely to be enforced, investigated, prosecuted or maybe given priority in court
proceedings compared to light or insignificant crimes like violation of an ordinance, Moreover, a
complainant of a serious crime will certainly report the crime or pursue the interest in the outcome of
the case

When the victim is a minor or a woman or an elderly person, the laws full force will most likely be
enforced as it will generate sympathy from the media and the public at large

If it is a mala in se. it will likely be enforced considering that the act is by nature morally wrong or
odious to the public thus, will elicit public condemnation.

How are crimes classified under book II of the Revised Penal Code?

Book Two of the Revised Penal Code classifies crimes in the following:

A. Crime Against the National Security and the laws of the state
B. Crimes Against the Fundamental Law of the State
C. Crimes Against Public Order
D. Crimes Against Public Interest
E. Crimes Relative to Opium and Prohibited Drugs
F. Crimes Against Public Moral
G.Crimes Committed by Public Officers
H. Crimes against Persons
I. Crimes against Personal Liberty and Security
J. Crimes Against Property
K. Crimes Against Chastity
L Crimes Against the Civil Status of Persons
M. Crimes Against Honor
N. Quasi-Offenses

C. Criminal law and the Criminal Justice System

What is the basis of the Criminal Justice System? Explain

The criminal Justice system is based on the enacted Criminal Law/ Statutes

Only violations of criminal law are being considered and processed in the Criminal Justice System.
Where there is tno violation of Criminal Law or where there is not commission of the crime in
general, Criminal Justice as a process will not operate.

Sometimes, even if the act of a person is somewhat generally annoying or obnoxious to some
people, that person cannot be processed in the criminal justice system in the absence of an enacted
Criminal Law.

The advent of the modern concept in corrections like restorative justice and diversion will be
drastically change the point of view of the public concerned.

Defined Criminal Law

In the Philippines, criminal law is defined as that branch of public law, which defines crimes, treats of
their nature, and provides for their punishment

What are the two classifications of Criminals Law?

Criminal law may either be substantive or Procedural

Define Substantive Criminal Law

Substantive Criminal law defines the elements that are necessary for an act to constitute a crime
and therefore punishable.

Define Procedural Criminal law

Procedural Criminal Law refers to a statute that provides procedures appropriate for the enforcement
of the Substantive Criminal Law.

What are the sources of Substantive Criminal Law in the Philippines?

The following are the sources of Substantive Criminal law in the Philippines:

1. The Revised Penal Code

2. Presidential Decrees
3. Special Penal law
4. City and Municipal Ordinances

What are the sources of Procedural Criminal laws in the Philippines?

The following are the primary sources of Criminal Law Procedures in the Philippines:

a. The bill of Rights of the Philippines Constitution

b. The Revised Rules of Criminal Procedure: Rules of Court
c. Others Rules on Criminal procedures promulgated by the Supreme court pursuant to its
constitutional mandate.

What are the two basic principles of criminal law that the Philippines adhere to in the administration
of the Criminal Justice System?

Our system of justice operates on two key principles of criminal law.

The first is the presumption of innocence This means that those who are accused of crimes are
considered innocent until proven guilty. This is the fundamental assumption of our legal system that
at least in theory is supposed to exist

Thus, the accused is entitled to all the rights of the citizens until the accused guilt has been
determined by the court of law or by the accused acknowledgment of his guilt that or she indeed
committed the crime

The secondary principles is the the burden of proof which in criminal cases means that the
government must prove beyond reasonable doubt that the suspect committed the crime. Because
the criminal prosecutions carry the penalty of imprisonment and even death in some cases, the state
through the prosecution is given a difficult burden. Nevertheless it is the bedrock of our social and
through it, our legal system

Explain the concept of the Principle of Presumption of Innocence. Give the source of this principle

No less than the Constitution of the Philippines provides that an accused shall be presumed
innocent until proven guilty

The burdens of proof lies in the public prosecutor. It is incumbent upon the prosecutor to prove that
the accused is guilty as charged.

In so doing, the prosecutor must rely on the strength of his/her evidence and not on the weakness of
the accuseds evidence.

In follows, therefore, that the accused is entitled to all the rights of an individual citizen until the guilts
is proven. This is the reason why the accused under the constitution is granted the right to bal
except under certain crimes committed.

Explain the concept of Proof Beyond Reasonable Doubt. Give its legal basis

In the Philippines setting our criminal proceeding carries the penalty of imprisonment, our rules on
evidence provide that the weight of evidence required to convict an accused for a criminal act must
be proof beyond reasonable doubt. Unless his guilt is show beyond reasonable doubt, he is entitled
to an acquittal

Define Proof Beyond Reasonable Doubt

Proof beyond reasonable doubt does not mean such a degree of proof as, excluding the possibility
of error, produces absolute certainty. Moral certainty is only required, or that defree of proof which
produces conviction in an unprejudiced mind.

D. Criminal in relation to Criminal Justice System

Who is the criminal in relation to the administration of the Criminal Justice System?
The criminal is the main character of the Criminal Justice System, Some authors even refer to him
as the superstar because upon him the pillars of the system revolve

Define a criminal, in the criminological sense, the legal sense, and as defined in the criminal justice
sense

A criminal maybe defined in three (3) different views:

1. In the criminological sense, a person may be considered as a criminal from the time he or she
committed the crime regardless whether or not it has been referred or reported to the police for
investigation
2. In legal sense, a person may be considered a criminal only upon undergoing the judicial process
and upon determination by the Court that he or she is guilty beyond reasonable doubt.
3. In Criminal Justice sense, a criminal may be defined as one who has undergone the process and
went through all the pillars of the Criminal Justice System

What are the different nomenclatures given to the person who is being processed under the Criminal
Justice System

1. At the police stage during investigation, he is referred to as the SUSPECT

2. At the Prosecution office, during the determination of probable cause or during the Preliminary
Investigation, he is referred to as the RESPONDENT
3. At the trial of the case, when a case has been filed in Court, he is referred to as the ACCUSED
4 Once the Court has determined that the accused us guilty beyond reasonable doubt as charge and
the judgment has been rendered, he is referred to as the CONVICT
5. It is only upon undergoing all the process when the person has serve the sentence when he can
really be considered as a CRIMINAL

What are the classification of an offender or criminal?

As to the crime committed (for the crime of muder, murderer, for the crime of robbery, robber, for
theft, a thief; for a rape, rapist, etc)

As to the method by which the crime was committed (Akyat Bahay Gang). Dura Gang or Alupihan
Gang Budol, budol gang, etc)

As to the tools or instruments used in the commission of the crime (by means of acetylene for
acetylene gang hammer for the Ben. Panday Gang, etc)

As to the age of the offender (Juvenile OFFENDERS OR THOSE COMMITTED BY MINORS)

As to the genereal effect on the victim (those who are committing violent crimes like murder,
homicide, physical injuries, or even terrorism)

Sexual offender (Rape, sexual rapes, violent rapes, crimes against chastity)

Repeat Offenders (Recidivism, Riteracion, Quasi=Recidivism and Habitual Deliquency

B. The Concept of Justice

Define the concept of justice

What is Justice? Can we be truest just? Do we want all members of the society to come under the
umbrella of justices? These are similar questions that have fascinated politicians, patriots,
philosophers, and the general public for centuries There is no universal definition of justice. It is a
concept that span an infinite number of perspectives and views, each as valid as the other, even
though at times incompatible

Mortimer j. Adler, as cited by profession Florante A. Seril, has indicated the essence of justice in two
precepts

The first is to render to each his due For instance if one borrows money promising to pay it back, it
is only jhust for the borrower to pay back the said debt. It is rendering to him what is due. To refuse
to pay it back is unjust since it amounts to keeping what belongs to another

The seconds is treat equal equally and unequal unequally in proportion to their inequality. For
example, if all members of a class in school did not do their assignment, all should receive the same
grade, otherwise there will be injustice

Justice involves equal punishment for identical offenses and equal rewards to identical merity

Give the Four elements of justice in order that justice may be dispensed of absolutely

to dispense absolute justice requires the presence of for elements.

1. The absolute ability to identify the law violator

2. The absolute ability to apprehend law violator
3. The absolute ability to punish law violator
4. The absolute ability to identify the intent of the law violator

Among the four elements, what is the hardest to identify?

Explain
At present, we lack the absolute ability to identify the intent. Thus, even with adequate resources, it
is impossible to distribute absolute justice. Under the law, intent is merely presumed. The
presumption that intent is present and therefore part of the element of the crime committed can be
inferred from the overt acts of the accused. Such inference, however should be proven by evidence
since the accused as discussed above is presumed innocent of a crime or wrong hence. The
determination of intent is not really fool proof.

Enumerate the for types of mistakes that can happen when society attempts to adminster justice

When societies attempt to administer justice, mistakes are inevitable. The types of mistakes
including the following
- The innocent is punished
-The guilty escapes the punishment
-The guilty are punishment more severely than necessary
-The guilty are punished less severely than necessary

It is said that justice tends to possess a two-fold role, enumerate them and explain

The justice system tends to possess a two-fold role, namely

1. The prevention of certain activity that is harmful to society; and

2. The apprehension and the formal processing of individuals who have committed illegal acts.
F. T he criminal Justice System

Define the Criminal justice system

It is defined as the machinery of the state or government which enforces the rules of conduct
necessary to protect life and property and maintain peace and order

What are the five pillars of the criminal justice system in the Philippines

In the Philippine settings, the following are the pillars are components of the Criminal Justice
System:

1. Law enforcement
2. Prosecution
3. Courts
4. Correction
5. Community

The first four components are the so-called formal Criminal Justice System. Outside the formal
organization however, the community is the basic element or informal pillar and considered the fifth
component or pillar of the entire Criminal Justice System

Give the three (3) major components of American Criminal Justice System
The following are the major components of the American Criminal Justice System
1. Law Enforcement
2.Courts
3. Corrections

Explain the interrelationship of the different pillars

Some of the most crucial problems in the criminal justice system have occurred as the result of the
failure to recognize the effect that a change in the system do no operate independently but rather the
functions overlap

If any one of the pillar is dysfunctional, the reset of the pillar suffers, Surely, the same will result to
miscarriage of justice

Although there is generally a broad agreement over the goals of the CJS, there is far less agreement
over the how best to attain these goals. Based on the principles of check and balances, the
enforcement, prosecution, judicial, and correctional aspects of the systems are not vested within the
authority of the same agency

For example, giving the police the authority to arrest prosecute and to reform individuals would be an
unacceptable practice. Such a system would obviously pose a dangerous threat to individual liverty
in the free society

In such a case, the police will be acting as the enforcer prosecutor, judge and executioner at the
same time. This systems will be in essence a side walk justice This poses the threat of human
rights violations being committed

In the Philippine CJS settings