CLJ -1

INTRODUCTION TO
CRIMINAL JUSTICE SYSTEM

CHARLES PHILLIPPE O. GARCIA

BSCrim. RCrim. MSCJ. CEPT. CCST.
BLEC National Lecturer
Former Program Head – Phinma Saint Jude College
FT – Philippine College of Criminology
Criminal Justice System
The machinery which the society uses in the prevention and
control of crimes. It may also refer to the totality of the activities of the law
enforcers, prosecutors, judges, and corrections personnel, as well as those of the
mobilized community in crime prevention and control.
 In theory, Criminal Justice System is an integrated apparatus that is
concerned with the following;
● conviction
● apprehension

● sentencing and
● prosecution

● rehabilitating or
● trial correcting criminal
offenders.
 Goals of CJS

1. Prevention of crime.
2. Protect members of society against crime.
3. Maintain peace and order.
4. Suppression of criminality.
5. Review the legality of existing rules and regulations.
6. Rehabilitation and reformation of offenders.
 People involved in the system
(Parties to the criminal case)

1. Accused = The most pampered party in a criminal case.

2. Victim/Complainant = The forgotten party in a criminal case.

3. People of the Philippines = The actual offended party.

Nature and Characteristic of Penal Law

1. Generality - criminal law is binding on all persons who live

or sojourn in the Philippines.

2. Territoriality - criminal laws are applicable only if the crime is

committed within Philippine territory.

3. Perspectivity - criminal law cannot make an act punishable in

a manner in which it was not punishable when committed. See
Art 366. (The law looks forward and not backwards)
 A. Generality
Article 14 of the New Civil Code provides that:

Article 14. Penal laws and those of public security and safety shall be
obligatory upon all who live or sojourn in the Philippine territory, subject to the
principles of public international law and to treaty stipulations.

This civil law provision undoubtedly recognizes the Penal Laws of the
Philippines as applicable to persons who committed punishable acts within the
territory of the Philippine State, whether Filipino Citizens or not. Thus, the
Philippine Penal Laws are binding against the perpetrators who live and
sojourn within the territory of the Philippines.
 Established Exceptions to the
Rule of Generality

1. Offenses covered by treaty stipulations - Military Bases Agreement between the

Philippines and United States OR Visiting Forces Agreement.

2. Laws of preferential application - Immunity from prosecution to congressman and

senators; and R. A. 75[21] which penalizes the procurement and enforcement of
criminal processes against diplomats, their domestic and servants Forces Agreement.

3. Principles of public international law - Sovereigns, heads of state, and persons with
diplomatic status and immunity are not subject to the provision of [Revised Penal]
Code, but consuls and consular officers are not exempt from local prosecution.
B. TERRITORIALITY

The national territory of the Philippines consists of its

territorial, fluvial and aerial domain, as well as its maritime
zone.

That territorial domain is set forth in Art. I of the 1987

Constitution.
Established exceptions to
the Rule of Territoriality
Article 2. Application of its provisions. – Except as provided in the treaties and laws
of preferential application, the provisions of this Code shall be enforced not only
within the Philippine Archipelago, including its atmosphere, its interior waters and
maritime zone, but also outside of its jurisdiction, against those who:

A. Should commit an offense while on a Philippine ship or airship

B. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands;
C. Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the presiding number;
D. While being public officers or employees, should commit an offense in the exercise of their
functions; or
E. Should commit any of the crimes against national security and the law of nations, defined in Title
One of Book Two of this Code.
FRENCH RULE VS ENGLISH RULE?

a) Under the French or nationality rule, the Philippines has no

jurisdiction, unless the crime affects the peace and security of
the country.

b) Under the English or territoriality rule, the country has

jurisdiction over such offenses, unless the same affect or refer
only to the internal management of the vessel.
C. PROSPECTIVITIY

The Code has no retroactive effect unless its provisions would

be favorable to the accused.

A penal law cannot make an act punishable in a manner in

which it was not punishable when committed, as there has
been nor effective statute yet defining and penalizing the
same.be favorable to the accused.
Rights of a suspect
CUSTODIAL INVESTIGATION

What is custodial investigation? What are its requisites?

Custodial investigation is any questioning initiated by law enforcement

officers after a person has been taken into custody of otherwise
deprived of his freedom of action in any significant way.
What are the rights of persons
under custodial investigation?
a) Right to be informed of his right to remain silent;
b) Right to have a competent and independent counsel
preferably of his own choice or to be provided with one;
c) Right against torture, force, violence, threat, and
intimidation or any other means which vitiates his free will;
d) Right not to be held in secret, solitary, incommunicado, or
any other similar forms of detention.
INTERVIEW vs INTERROGATION

INTERROGATION - An interrogation is a questioning of a

person suspected of having committed a crime or of a person
who is reluctant to make a full disclosure of information in his
possession which is pertinent to investigation.

INTERVIEW - An interview is the questioning of a person who is

believed to possess knowledge that is of official interest to the
investigator.
CONFESSION VS ADMISSION

CONFESSION is the direct acknowledgement of guilt

ADMISSION is the indirect acknowledgement of guilt.

The Philippine National Police
It is the government agency that has the primary mandate to perform the police
function under constitution.

Pursuant to the provision of the constitution, the congress of the

Philippines is mandate to “establish and maintain one police
force, which shall be national in scope and civilian in
character to be administered by the national police commission.

The congress in compliance to this mandate enacted the

R.A 6975 establishing the Philippine national Police.
Powers and Function of the PNP
Under 6975, these are the following powers and function of the PNP:
a. Enforce all laws and ordinances relative to the protection of lives and
properties;
b. Maintain peace and order and take all the necessary steps to ensure
public safety;

c. Investigate and prevent crimes, effect the arrest of the criminal offenders, bring
offender to justice and assist in their prosecution;

d. Exercise the general powers to make arrest, search and seizure in

accordance with the constitution and pertinent laws;
Powers and Function of the PNP
e. Detain an arrested person for a period not beyond what is prescribed
by law, inform the person so detained of all his rights under the constitution;
f. Issue licenses for the possession of firearms and explosives in accordance
with law;
g. Supervise and control the training and operations of security agencies,
security guards and private detectives, for the practice if their professions and
h. Perform such as other duties and exercise all other functions as may be
provided by law.
Four (4) categories of the power of
the PNP base on R.A 6975
They are the following:

1. Order Maintenance
2. Community Service
3. Law Enforcement
4. Neighborhood Policing/ Team Policing/Community Policing
Explanation for each category

1. Order Maintenance
Order maintenance policing is a police practice that involves managing minor offenses and
neighborhood disorders in order to address community problems. Order maintenance policing is
influenced by the “broken windows” hypothesis, which describes the process by which minor
offenses can lead to citizen fear and the decline of neighborhoods

That officer should help to maintain order in communities has always been an expected and
desired function of modern police. In the contemporary sense, order maintenance policing (also
called “broken windows” policing or “quality-of life” policing) refers to a police operational tactic that
involves managing minor offenses and acts of physical and social disorder. Order maintenance is
generally.
Explanation for each category

2. Community – Service Function

According to the philosophy of community policing, local police should provide citizens with
formal access to the department's decision-and policy-making process. Neighborhood residents
are encouraged to voice their concerns to the police, and it is the responsibility of the police to
thoughtfully address these concerns. While police professionalism remains important, this quality
is no longer equated with officers' being detached and aloof from local citizens.

Under community policing, police officers are expected to initiate frequent personal contacts with
community members on their beats, and to interact in an attentive, friendly, and compassionate
manner. Enforcing the law and fighting crime remain important elements of policing, but
community policing recognizes that, in reality, most police work is oriented toward no
enforcement tasks such as maintaining order and providing social services.
Explanation for each category

3. Law Enforcement

Increasing complexity of society has witnessed the assumption of helping-system roles by

law enforcement-roles which fail to be acknowledged by the field of law enforcement or by
recognized agencies within that system.

It is suggested that changes in police organizational structure and significant changes in

police training can conduce to police performance which is to the advantage of both society
and the individual police officer and is consistent with the objectives of the helping system.

A recently concluded demonstration in police family crisis intervention is described which

provides a structural model (generalist-specialist) for effectively incorporating helping
functions in law enforcement, while in no way compromising the primary function of the
police.
Explanation for each category

4. Neighborhood Team Policing

The defining features of neighborhood policing are:

• Police officers, staff and volunteers accessible to, responsible for and
accountable to communities

• Community engagement that builds trust and develops a sophisticated

understanding of community needs

• Collaborative problem-solving with communities supported by integrated

working with private, public and voluntary sectors.
The Law Enforcement Pillar
The Law Enforcement in Relation to the CJS

The Law enforcement as the first pillar is considered to be the

“initiator” or the “prime-mover” of the Criminal Justice System.

It is considered as “the initiator of the action s” that other

pillars must act upon to attain its goal or objective. Some
authors would state that without the police initiating the
action, the system would not be at a standstill
Examples of law enforcement
initiating actions:

• Effecting an arrest

• Surveillance

• Crime Investigation
These are the Function of the Law Enforcement
in Relation to the Administration of CJS
1. To prevent criminal behavior
Prevention involves all the factors directed toward eliminating the cause
of crimes
2. To reduce crime
Crime reduction essentially means eliminating and reducing opportunities for
criminal behavior.
3. To apprehend and arrest offenders
This function includes crime investigation and gathering of evidence that could
withstand the scrutiny of the court
4. To regulate non-criminal conduct
This involves community service and the maintenance of order functions of
the PNP
The following are some of the Law Enforcement
Agencies tasked to enforce Criminal Law

1. The Philippine National Police

2. The National Bureau of Investigation

3. The Bureau of Internal Revenue in cases of tax evasion

4. The Philippine Drug Enforcement Agency

 PRELIMINARY INVESTIGATION
&
INQUEST PROCEEDINGS

If a person is arrested, what is the purpose of delivering him to

the nearest police station or jail and detaining him in that
place?

It depends. If the arrest is with a warrant, the arrested person must be detained for
him to face the case that is already filed against him or to serve his sentence if he is
already convicted.

However, if the arrest is without a warrant, he must be detained to undergo an

inquest proceeding or preliminary investigation.
Inquest proceeding

a proceeding did by the inquest prosecutor to determine the

validity of the arrest.

This is very summary in nature which may be done by an

informal interview with the arresting officer and/or the
arrested person.
A preliminary investigation
an inquiry held for the purpose of ascertaining whether or not
probable cause is present. It is intended to secure the innocent
against hasty, malicious, and oppressive prosecution and to protect
him from an open and public accusation of crime. It is further
intended to protect the State from useless and expensive trials.

It is required when the imposable penalty for the crime charged is at

least 4 years, 2 months, and 1 day (4:2:1) imprisonment without
regard to the fine.
What is probable cause?

Probable cause is the existence of sufficient ground to

engender a well-founded belief that:

a) A crime has been committed; and

b) The respondent is probably guilty thereof
Who may conduct a
preliminary investigation?

Any of the following may conduct a preliminary investigation:

1. Provincial or city prosecutor and their assistants;

2. National and Regional state prosecutors; and
3. Other officers as may be authorized by law. (Sec 2, Rule 112
of the Rules of Court)
 BAIL

Is the security given for the release of the person in

the custody of the law, furnished by him or the bondsman,
to guarantee his appearance before any court as required
under the conditions as specified.
What is the Purpose of Bail?
After an arrest, a person is arraigned. At this point, the judge
may decide to set bail. Bail is a way for a defendant to be
temporarily released from custody pending the outcome of his
or her case.
It essentially serves as a form of insurance for the court; by
requiring that defendants secure bail bonds, a Maryland court
can receive some measure of assurance that they will appear
for their next court appearance. If a defendant fails to appear,
the bail bond is withdrawn and the defendant is returned to
custody.
Bail bonds
Essentially an extension of the principle that all suspects are innocent until
proven guilty. Until a defendant is proven guilty, he or she might avoid the
punishment of jail while awaiting trial and continuing to carry out daily
responsibilities, such as going to work and taking care of his or her family.

Provided the defendant meets all requirements of the bail bond, the money
is typically returned at the end of the trial, regardless of whether the
defendant is found guilty or not guilty.

However, if the defendant tries to flee the area and skip the trial, he or she
forfeits the money used to secure the bail bond.
Different Kinds of Bail

The following are the kinds of bail bonds:

1. Property
2. Cash
3. Corporate Surety
4. Recognizance
 Prosecution Pillar

The Prosecution as the pillar of the CJS simply pertains to “a criminal act “.
Furthermore, it refers to a proceeding instituted and carried on by due course of law,
before a competent tribunal, for the purpose of determining the guilt or innocence
of a person charged with a crime.

It is also used to designate the government as the party to the proceeding in a

criminal action.

In a criminal case, it is also referred to as the process by which formal criminal

charges are brought against a person accused of committing a crime.
The following are some roles of
the Prosecution
1. To conduct a Preliminary Investigation

2. To make proper recommendations during the inquest proceeding of the case referred
to them by the police after the investigation of the suspect

3. To represent the government or state during the prosecution of the case against the
accused;

4. To act as the legal officer of the province or City in the absence of its legal officer;

5. To investigate administrative cases filed against state prosecutors, provincial

prosecutors, including the support staff of the national prosecution service (NPS)
Prosecutors Discretion

The following are some of the Discretion of Prosecutors:

1. Whether or not to file the case in court;

2. What charges file;
3. Whether or not to decline to prosecute the arrested party;
4. Whether or not to enter into plea-bargaining.
Some Reasons for Prosecutorial Rejection
or Dismissal of some Criminal Cases
They are the following:
1. Insufficient evidence that results from a failure to find sufficient physical
evidence that links the defendant to the offense.
2. Witness problem that arises for example, when a witness fails to appear,
gives unclear or inconsistent statements, is reluctant to testify, or is unsure
of the identity of the offender.

3. Due Process Problems that involve the violations of the constitutional

requirements for seizing evidence and for the questioning of the accused
Some of the Factors that may
influence Prosecutorial Decisions
They are the following:

1. Pressure from the Public.

2. Pressure from the Media.
3. The desire to get rid of a suspect who is a particular problem to the community.
4. The belief that new evidence would be discovered and that such evidence would
be favorable to the suspect.
5. The nature of the complaint and the attitude of the offended party.
6. The seriousness of the offense.
7. The exchange of the relationship among the components of the CJS as well as the
congestion within and the resource demands placed upon the system.
The Third Pillar - the Court

Definition of the court and explain its concept in relation to the administration of
the criminal justice system.

In our criminal justice system, the separate judicial branch is viewed as necessary
for assuring that the constitutional and statutory rights of the citizens are not
controlled by political pressures.

This is the reason why the framers of our Constitution establish three branches of
the government at the national level – legislative, executive, and judicial.
Provided for the establishment of the Supreme Court.
Administrative Justice VS. Criminal Justice
3 branches of the Government
The Function of the Court in
relation to CJS
1. To protect the Rights of the Accused
The courts are responsible for viewing the action of law enforcement agencies to
ensure that the police have not violated the rights of the accused.
2. To determine by all legal means whether a person is guilty of a crime

Review all the evidence presented by the police to determine its relevance and
admissibility in accordance with the constitution and the rules of the Court.

3. To dispose properly of those convicted of the crimes

The courts have the responsibility to examine the background of the accused and the
circumstances of the crime.
The Function of the Court in
relation to CJS
4. To protect the society
After the accused has been found guilty, the court may determine if the
offender should be removed from society and incarcerated in order to protect the
safety of life and property and this is especially true in the case of probation.

5. To prevent and reduce criminal behavior

This is the task of properly imposing the proper penalty and sanctions that will
serve to deter the future criminal acts by the offender and also serve as an example
and deterrent to others who would commit criminal acts or threaten public safety
Role of the Judge in Criminal case Begins?
Is it only during Trial?
The role of participation of the judge in the criminal justice
system actually begins along before the actual trial takes place.

The following activities attest to this role of the judge before the trial:

➢ Judge determines whether there is probable cause for the issuance of the
warrant of arrest or search warrant.
➢ They determine whether the accused will be released on bail or the
amount of bail to be posted.
➢ They hear and rule on the motions made by the defense and the prosecutor
before trial.
The importance of the courts in the
administration of CJS

The court is important in the administration of the CJS because

the court is the final arbiter of all disputes or issues involving
violations of criminal law or other laws as the nature of the
case may be.
Jurisdiction

The authority of the court to hear and try a particular offense

and to impose the punishment provided by the law.
Venue

Refers to the place, location, or site where the

case is to be headed to be heard on its merits.
Different courts in the Philippines

The Shari'a District & Circuit Courts

The Shari'a District Courts are equivalent to the Regional Trial Courts in
rank, which were established in certain provinces in Mindanao where
the Muslim Code on Personal Laws is being enforced. On the other
hand, the Shari'a Circuit Courts are the counterpart of the Municipal
Circuit Trial Courts established in certain municipalities in Mindanao.
The First Level Courts
Each city and municipality in the Philippines has its own trial court.
These First Level Courts are more commonly referred to as:
1. Metropolitan Trial Courts (MeTC)
2. Municipal Trial Courts in Cities (MTCC)
3. Municipal Trial Court (MTC)
4. Municipal Circuit Trial Courts (MCTC)

The MeTCs are the first-level courts in the Metropolitan Manila area.
First-level courts in cities outside Metropolitan Manila are referred to as the MTCCs.
The MTCs are first-level courts that cover only one municipality, whereas MCTCs
cover multiple municipalities.
Regional Trial Courts

also known as Second Level Courts, which were established among the thirteen
Judicial regions in the Philippines consisting of Regions I to XII and the National
Capital Region (NCR).

There are as many Regional Trial Courts in each region as the law mandates. RTCs
were formerly called as the Court of First Instance since the Spanish era.

It was only in the Judiciary Reorganization Act of 1980 that its name was changed
from being called the Court of First Instance to Regional Trial Court.
 The Sandiganbayan
Both the 1973 and 1987 Constitution contain provisions on the present anti-graft court
known as the Sandiganbayan. It has jurisdiction over criminal and civil cases involving graft
and corrupt practices and such other offenses committed by public officers and employees,
including those in government-owned or controlled corporations, in relation to their office as
may be determined by law.

The jurisdiction of the Sandiganbayan is perhaps one of the most often amended provision
from the 1973 Constitution to Republic Act (R.A.) No. 8249. Before R.A. No. 8249, jurisdiction
of the Sandiganbayan was determined on the basis of the penalty imposable on the offense
charged. Thereafter, it was amended such that regardless of the penalty, so long as the
offense charged was committed by a public officer, the Sandiganbayan was vested with
jurisdiction.

Under R.A. No. 8249, to determine whether the Sandiganbayan has jurisdiction, a person
must look into two (2) criteria, namely, the nature of the offense and the salary grade of the
public official.
The Court of Appeals
The Court of Appeals was established on February 1, 1936 by virtue of Commonwealth Act No.
3 and is considered as the second highest tribunal in the country. It is composed of one
presiding justice and 68 associate justices, all of which are appointed by the President from a
shortlist submitted by the Judicial and Bar Council.

The associate justices shall have precedence according to the dates (or order, in case of similar
appointment dates) of their respective appointments. The qualifications for the justices of the
Supreme Court also apply to members of the Court of Appeals.

The Court of Appeals’ principal mandate is to exercise appellate jurisdiction on all cases not
falling within the original and exclusive jurisdiction of the Supreme Court. Its decisions are final
except when appealed to the Supreme Court on questions of law. The jurisdiction of the Court
of Appeals are as follows:
The Court of Appeals

➢ Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas

corpus, and auxiliary writs or processes, whether or not in aid of its appellate
jurisdiction;

➢ Exclusive original jurisdiction over actions for annulment of judgments of

Regional Trial Courts; and

➢ Exclusive appellate jurisdiction over all final judgments, resolutions, orders, or

awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards
or commissions.
The Supreme Court
The Supreme Court has both original and appellate jurisdiction. It exercises original
jurisdiction (cases are directly filed with the SC in the first instance without passing
through any of the lower courts) over cases affecting ambassadors, other public
ministers, and consuls, and over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.

It also has original jurisdiction over writs of amparo, habeas data, and the
environmental writ of kalikasan.

It exercises appellate jurisdiction to review, revise, reverse, modify, or affirm final

judgments, and orders of the lower courts in:
The Supreme Court

➢ All cases in which the constitutionality or validity of any treaty,

international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in question.
➢ All cases involving the legality of any tax, impost, assessment, toll, or any
penalty imposed in relation thereto.
➢ All cases in which the jurisdiction of any lower court is in the issue.
➢ All criminal cases in which the penalty imposed is reclusion perpetua or
higher.
➢ All cases in which only an error or question of law is involved.
Pre-Trial

There can only be a pre-trial when the accused pleads

not guilty at the arraignment
Purpose of Pre-Trial

1. Plea bargaining
2. Stipulation of facts
3. Marking or identification of evidence
4. Such matter as will promote a fair and expeditious
trial of the criminal and civil aspects of the case
 Trial
A court trial, also called a bench trial or a
jury trial, is when all the facts of a case are
heard, and a judge or jury makes the final
decision about the court case.
 Judgment
A judgment is the law’s final word pronounced by a competent
authority in a controversy submitted to it.

The elements are the following:

1. The existence of a controversy or issue:
2. The authority of the court to hear and decide the case jurisdiction
3. The decision of the court having jurisdiction over the case or submitted issue or
controversy
Appeal

The appeal is a statutory right granted to the accused or even

the government in proper cases to seek a remedy before an
appellate court for the annulment or reversal of an adverse
decision of conviction rendered by the trial court against
him/her.
The Fourth Pillar Correction
The following are the general functions of the correctional institutions

1. To maintain the institutions. The correctional component is responsible

for maintaining prisons jails and other institutional facilities to receive

convicted offenders sentenced to periods of incarceration.

2. To protect law-abiding members of society.

3. To reform offenders.

4. To deter crimes.
Mittimus

Is a warrant issued by the court bearing its seal and the

signature of the judge directing the jail or the prison
authorities to receive the convicted offender for service
of sentence.
Commitment Order

A commitment order is a written order of

a court or authority consigning a person
to a jail or prison for detention
Purposes of Correction

The following are the purposes of corrections:

1.Deterrence
2.Rehabilitation
3.Reintegration
4.Isolation and Incapacitation
5.Punishment
The Concept of Deterrence

It is one of the most meaningful principles of

corrections. Its concept is that punishing the
criminal will reduce the incidence of criminal
behavior in a society
The Concept of Rehabilitation

The concept of rehabilitation rests on the assumption that criminal

behavior is caused by some factor. This perspective does not
deny that people make choices to break the law, but it does assert
that these choices are not a matter of pure "free will."

Instead, the decision to commit a crime is held to be determined,

or at least heavily influenced, by a person's social surroundings,
psychological development, or biological makeup.

People are not all the same and thus free to express their will but
rather are different. These "individual differences" shape how
people behave, including whether they are likely to break the law.
The Concept of Punishment

The general concept is that this is the

infliction of pain on the offender for violating
the law.

In the legal sense, it is more of an individual

redress of personal vengeance.
CORRECTIONS PILLAR

Correction is that branch of the

criminal justice system charged with the
custody supervision and rehabilitation of
a convicted offender.
Areas of Correction

1. Institutional Base Correction

1. Non-Institutional Base Correction

Different Institutional Corrections or
Custodial Branches of National Bilibid Prison

• The New Bilibid Prison in Muntinlupa City

• San Ramon Prison and Penal Farm, San Ramon Davao
• Iwahig Prison and Penal farm located at Iwahig Palawan
• Leyte regional Prison
• Davao Prison and Penal Farm
• Correctional Institution for Women Mandaluyong City
• Sablayan Prison and Penal Farm , Sablayan Oriental Mindoro
 JAIL

It is the place for temporary confinement

for persons awaiting court action and
convicted offenders serving a short
sentence.
Types of Jail

1.Lock Up Jail
2.Ordinary Jail
3.Workhouses, Jail farms, or Camps
Penalties and Periods
 Four Classes of Prisoners
1. Insular or national prisoner – one who is sentenced to a prison term of three years
and one day to death;

2. Provincial prisoner – one who is sentenced to a prison term of six months and one day
to three years;

3. City prisoner – one who is sentenced to a prison term of one day to three years; and

4. Municipal Prisoner – one who is sentenced to a prison term of one day to six months.
CLASSIFICATION OF PRISONERS ACCORDING
TO DEGREE OF SECURITY

1. SUPER MAXIMUM PRISONERS

- a special group of prisoners composed of incorrigible, intractable, and

highly dangerous persons who are the source of constant disturbances
even in a maximum-security prison.

- they wear the tangerine/orange color of the uniform.

2. MAXIMUM SECURITY PRISONERS

- a group of prisoners whose escape could be dangerous to the public

or to the security of the state.
- it consists of constant troublemakers but not as dangerous as the
super-maximum-security prisoners.
- their movements are restricted, and they are not allowed to work
outside the institution but rather assigned to industrial shops within the
prison compound.
- they wear tangerine/orange color of uniform.
3. MEDIUM SECURITY PRISONERS
(Camp Sampaguita)

-those who can be trusted in open conditions and pose lesser danger
than maximum security prisoners in case they escape.

-consists of prisoners who may be allowed to work outside the fence or

walls of the penal institution under guards or with escorts.

- they wear blue color of uniform.

4. MINIMUM SECURITY PRISONERS
(Camp Bukang Liwayway)
-a group of prisoners who can be reasonably trusted to serve sentence
under "open conditions.“

-a group of prisoners who can be trusted to report to their work

assignments without the presence of guards.

- they wear brown color of uniform.

Methods of Non-Institutional Correction

1.Executive Clemencies

a) Reprieve
b) Absolute pardon
c) Conditional pardon
d) Commutation of sentence
 Commutation

The reduction of the duration of a prison sentence of a prisoner.

Commutation Allowed When:

1. person is over 70 years old

2. 8 justices fail to reach a decision affirming the

death penalty
 2 types of Pardon
Absolute Pardon - An act of grace, proceeding from the power
entrusted with the execution of the laws, Exempts the individual
from the penalty of the crime, he has committed.

Conditional Pardon - If delivered and accepted, it is a contract

between the executive and the convict that the former will
release the latter upon compliance with the condition.

Example of a condition:
Not to violate any of the penal laws of the country again.
 Reprieve

The deferment of the implementation of the

sentence for an interval of time; it does not
annul the sentence but merely postpones or
suspends its execution
 Parole

- The suspension of the sentence of the convict after serving the

minimum term of the intermediate penalty, without being granted
a pardon, prescribing the terms upon which the sentence shall be
suspended.

- May be given after the prisoner has served the minimum penalty; is
granted by the Board of Pardons and Parole.
Probation

A disposition under which an accused after

conviction and sentence is released subject to
conditions imposed by the court and to the
supervision of a probation officer.
 Community Pillar
Members of the public interact with the criminal justice system in a variety of ways.

This document will examine the stages of the process that an individual will encounter
from the time a crime is reported, through investigation to prosecution, court hearing,
and sentencing.

For most people, however, direct engagement with the criminal justice system on an
individual basis is an infrequent event. Nevertheless, the relationship between
members of the community and the system in a broader sense has an ongoing
significance for everyone in society.

It also has important implications for the effective and credible operation of that
system.
Media and Awareness of Crime

The media naturally plays an important role in shaping

people’s awareness of crime and criminal justice issues,
just as it does for many other issues of public interest. It is
often suggested that this can distort people’s perception
of crime. Over recent decades the volume of coverage and
number of specialist crime correspondents has increased
greatly.
Media and Awareness of Crime

High profile cases or particularly disturbing events tend

to become the subject of multiple news reports and
commentary. This can create the impression that the
incidence of these events or the risk of becoming a
victim is higher than might actually be the case. By
contrast, some other types of crime may appear less
newsworthy and hence go underreported.
Media and Awareness of Crime

It is also suggested that by emphasizing and overstating

some types of serious crime, crime coverage fuels
punitive tendencies in the debate on crime.
The focus on short news cycle timeframes may deflect
attention from longer-term crime prevention measures. A
further criticism is that some coverage may reinforce the
stigmatization of certain groups or communities
Community Relations and Customer Service within
the broader Criminal Justice System
Many of the issues which arise in relation to service provision by the criminal justice
system mirror those arising across the public sector.

The approach taken by the various criminal justice agencies reflects broader
developments in improving customer service by the State through Customer Charters
and Customer Service Action Plans.

Those charters and action plans set out standards of service that members of the
public can expect and include commitments on, for example, communication, physical
access, complaints and appeals, and consultation and evaluation of feedback.
 Victims Charter

Improving the services available to victims is a key factor in increasing the

reporting of crime. The rights and entitlements of victims are summarized in
the Victims Charter and Guide to the Criminal Justice System. The most
recent edition of this document was launched in July 2010.

The Victims Charter describes what victims can expect from each of the
agencies involved and each step in the criminal justice process, from the
reporting of a crime to A Garda Síochána through the investigation and
initiation of a prosecution either by the Gardaí, or in more serious cases, the
Director of Public Prosecutions.
Meeting the Information Needs of Victim

A common theme in the approach of each agency

within the criminal justice system is the importance of
keeping victims informed about the progress of
investigations, the prosecution procedure, courts’
processes and decisions, and issues about prison and
probation.