CLAW 1 REVIEWER: INTRODUCTION TO CRIMINAL JUSTICE
BASIC CONCEPTS OF CRIMINAL JUSTICE SYSTEM
• Criminal – It refers to any person finally convicted by a competent court in violation of law.
• Justice – Principle of dealing with fairness; equality in the application of law. The idea of giving
each person his due as a matter of right, according to the SUPREME COURT, JUSTICE, is
symbolically represented by a blindfolded woman, holding with one hand a sword and with the
other a balance.
• System – A process; a coordinated body of method; organized way of work.
WHAT IS CRIMINAL JUSTICE SYSTEM (CJS)?
• The machinery used by a democratic government to protect the society against criminality and
other peace and order problems.
• Theoretically, CJS is an integrated apparatus that is concerned with apprehension,
prosecution, conviction sentencing and correcting criminals.
• Is the system or process in the community by which crimes are investigated, and the person
suspected thereof is taken into the custody of the police, prosecuted in court, and punished if
found guilty, provisions being made for their correction and rehabilitation.
CJS IN THE PHILIPPINE SETTING
• Is the process of linking the five pillars together as to achieve an interrelated scheme of
reciprocal responsibilities in its approach to community involvement.
NOTE: The CJS is part of social system.
What are the Objectives of the CJS?
• Crime prevention; • Determine the innocence or guilt of
• Law enforcement; the accused;
• Removing dangerous person from the • Investigate, apprehend, prosecute and
community; impose penalty upon those who
• Protect life, individual rights and cannot be deterred from violating
properties; the law; and
• Deterring people from indulging in • Rehabilitate offenders and return them
criminal activities; to the community as law-abiding
and useful citizens of the society.
WHAT ARE THE FIVE PILLARS OF THE CJS IN THE PHILIPPINES?
1. Police or Law Enforcement 4. Correction
2. Prosecution 5. Community
3. Court
WHAT ARE PILLARS OF THE CJS IN THE USA?
1. Police or Law 2. Court
Enforcement 3. Correction
Process of the CJS:
1. The police are responsible of gathering pieces of evidence and arresting the law violator as
well as filing complaint to the prosecutor;
2. The prosecutor is responsible for evaluating evidence;
3. The defense lawyer, whether privately retained or provided by the government, are responsible
for defending the accused;
4. the judge, during trial, is an arbitrator in court while judicial proceedings go through
5. the judge at the end of the trial renders decision to the case
6. the probation officer conducts pre-sentence investigation, and also supervise offender placed
on probation;
7. the offender, if convicted and sentenced, will be committed to penal institution until the parole
board grants him parole or be released if he had completely served his sentence;
8. finally, the convicted offender, once sentence is served, will be sent back to the mainstream of
the society.
Understanding Crime in the Context of CJS
CRIME maybe defined as:
1. An act or omission in violation of a criminal law (legal definition)
a. Note: the law refers to the Revised Penal Code (RPC) otherwise known as Act No.
3815 and its amendments.
2. An anti-social act; that is injurious, detrimental or harmful to the norms of society; they are the
unacceptable acts. (social definition)
3. Crime is an act, which is considered undesirable due to behavioral maladjustment of the
offender; acts are caused by maladaptive or abnormal behaviors. (psychological definition)
4. It is the core wherein the components of the system evolve. It is the substance of the system
which determines the nature and degree of involvement of the different components. Without
crime the quest for justice lacks substance.
Elements of Crime:
1. There must be an act or omission
2. An act or omission is voluntary (dolo or culpa)
3. Act or omission must be punishable by law
❖ Dolo (deceit) or intentional crime
➢ freedom
➢ intelligence
➢ intent
❖ Culpa (fault) or unintentional crime
➢ freedom
➢ intelligence
➢ negligence/imprudence lack of skill or lack of foresight
Classification of Crime
a. Offense – is an act or omission that is punishable by special laws.
b. Felony – is an act or omission that is punishable by the Revised Penal Code, the criminal law
in the Philippines.
c. Delinquency/misdemeanor – acts that are in violation of simple rules and regulations usually
referring to acts committed by minor offense.
d. Mala in se – The act is wrong from their nature, such as theft, rape, homicide, etc. Crimes
mala in se are those so serious in their effects on society as to call for almost unanimous
condemnation of its members.
e. Mala Perse – The act is wrong because it is immoral.
f. Mala Prohibita – The act is wrong because there is a law or statute prohibiting it, such as
illegal possession of firearms. Crimes mala prohibita are violations of mere rules of
convenience designed to secure a more orderly regulation of the affairs of society.
Who is a CRIMINAL?
1. A person who committed a crime and has been convicted by a court of the violation of a
criminal law. (Legal definition)
2. A person who violated a social norm or one who did an anti-social act. (Social definition)
3. A person who violated rules of conduct due to behavioral maladjustment. (Psychological
definition)
Why do People Commit Crimes?
The following are the breeding grounds or reasons or causes why people commit crime:
1. Poverty
2. Ignorance
3. Injustices/Abuses
4. Soft state
5. Fear
6. Lost family values
7. other like personality disorders, bad environments, etc.
Other basic Causes of Crime (by Cirilo Tradio)
1. hatred 4. Insanity
2. passion 5. revenge
3. personal gain 6. unpopular laws
Formula of crime
Instrumentality + Opportunity
CRIME = -----------------------------------------
Resistance (Motive)
Anatomy of Crime
