FIFTH PILLAR OF CJS: THE COMMUNITY Page 73

MODULE VI
THE COMMUNITY
THE FIFTH PILLAR IN THE ADMINISTRATION OF THE
CRIMINAL JUSTICE SYSTEM (CJS)

A. Module Description:

This last module focuses on the fifth pillar of the Criminal Justice System which is
the community. This pillar includes the mobilized members of the community such as:
the family, barangay, schools, government, private sector, church and mass media.
Where all of which will be tackled in this module. It will also highlight the relationship
the community to the law enforcement and its participation in the administration of
Criminal Justice System.

B. Learning Outcomes:

At the end of this module, the students should be able to:

1. Respond to the needs of the community in aid of directing offenders as a new
member of the community.
2. Explain their role as member of the community for the attainment of the objectives
of justice.
3. Inculcate in them to live by example to others a life that is simple but with dignity.
4. Discuss the role that community policing will play in ensuring that communities
are kept safe from criminal elements.

The community pillar is a very indispensable in the system because citizen’s

assistance in the criminal justice system helps handle the complicated task of preventing
and controlling crime. There is a need for more balanced allocation of peacekeeping duties
between the criminal justice system and the prevention responsibilities.

The community has an unparalleled role as the fifth pillar of the criminal justice
system. In this connection, the community is understood to mean as “elements that are
mobilized and energized to help authorities in effectively addressing the law and order
concern of the citizenry.

A. RESPONSIBILITY OF THE COMMUNITY IN RELATION TO LAW ENFORCEMENT

As one of the pillars or component of the criminal justice system, the community with
its massive membership has vital responsibilities in terms of crime control, maintenance of
order and the like.

The citizens can achieve these roles by, among others:

a. Identifying offenders;
b. Giving data about illegal activities and cohorts of the criminals, and the proliferation of
organized crimes and syndicates;

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c. Volunteering as witnesses;
d. Adopting precautionary and remedial measure to diminish crime.

As had been pointed out, crime prevention is not the sole responsibility of the police but
is equally the concern of every citizen in order to have a peaceful place to live in. to make the
neighborhood safe, it is suggested by some authorities that the concept of community
policing should be adopted to give truism to the philosophy or belief that the police and the
community can accomplish what neither can accomplish alone.

The community policing concept suggests the rethinking or revisit of the roles of the
police and the restructuring of the organization including the training approaches for the
personnel of the police organization.

According to Sir Robert Peel (1829), the following are the principles on which the police
force was to be based:

1. The duty of the police is to prevent crime and disorder;

2. The power of the police to fulfill their duties is dependent on the public approval and
on their ability to secure and maintain public respect;
3. Public respect and approval also mean the willing cooperation of the public in the task
of securing observance of the law.
4. The police must seek and preserve public favor not by pandering to public opinion but
by constantly demonstrating absolutely impartial service of law;
5. The police should strive to maintain a relationship with the public that gives reality to
the tradition that the police are the public and the public are the police; and
6. The test of police efficiency is the absence of crime and disorder, not the visible
evidence of police action in dealing with these problems.

According to Peel believed that the police and the community are interdependent of each
other.

According to Gehrand (2000, p. 111) there is no police department that can control crime
and disorder without the consent and voluntary compliance by the public.

B. DEFINITION COMMUNITY POLICING

There are many definitions of community policing as it evolves and being adopted:

According to Frazeir (2000, p. 1) it is proactive, solution based, and community-driven.

It occurs when the police and law-abiding citizen work together to do four things:

1. Arrest offenders
2. Prevent crimes
3. Solve ongoing problems, and
4. Improve the overall quality of life.

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McCarthy (n.d., p.1.) defines community policing as a “collaborative effort between the
police and the community that identifies problems of crime and disorder and involves the
community in the search for solutions. It is founded on close, mutually beneficial ties
between police and community members.

A summary of the given definitions will reveal that community policing refers to a police-
community partnership, and proactive, problem solving approach to the police functions.

As discussed in Chapter II, the “broken window” theory is an eloquent example of the
need for a community policing.

C. IMPORTANCE OF THE PARTICIPATION OF THE COMMUNITY IN THE

ADMINISTRATION OF CRIMINAL JUSTICE

As previously discussed, crime prevention is not only a sole responsibility of the law
enforcement but of the community that the former is mandated to serve. The effectiveness
and efficiency of the prosecution in prosecuting those who are charged with crimes, the
courts disposition of cases and the appropriate imposition of penalty, the correctional
institutions custody and implementation of corrective, reformative and rehabilitative
programs for those who convicted of crimes, need the approval and support of the
community. After all, crimes are most likely committed in the community.

The law enforcement, prosecution, courts and corrections effort to render effective and
efficient administration of criminal justice is hindered by lack of support and approval of the
community or because of community’s resentment of the criminal justice system.

With media inundating the community with negative news of efficiency, corruption
and scandal in the police department and the individual performance of its personnel, the
same will result to some of its well-meaning personnel’s demoralization and passive
performance of their functions.

In short, there must be constant and consistent effort to improve the community
relations of the formal pillars of criminal justice with the community they serve.

What is meant by community relations?

Community relations may be defined as the total effort of the criminal justice system
to become an accepted part of the community.

In general, it is referred to explain and identify the criminal justice system’s

interaction with the people of a neighborhood or community.

Significance of community relations in the administration of the CJS

If curving criminal activities, crime prevention or crime control is to be achieved in our

neighborhood, the formal pillars of criminal justice and the community must learn how to
support and cooperate with each other.

D. PURPOSES OF COMMUNITY RELATIONS

Denny F. Pace enumerated five basic purposes of Community Relations. They are:

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1. It allows agents of the system to more fully understand the importance of human
behavior;
2. It lets the different components of the system know what kind of services the public
desires;
3. It is a vehicle to let the public know what they are getting in services, thus, serving an
information and public relations medium;
4. It allows the agents of the system and the public to interact on common problems and
to develop positive attitudes about one another;
5. It allows the public and the system to work in a mutual endeavor tp curb community
problems. These problems are often not7 a criminal nature, and the agency acts
merely as a catalyst to resolve a social problem.

It must be noted that especially for the law enforcement agents, interaction and the
delivery of the services to the community is direct. The manner by which this services are
delivered has a direct impact on the image that the law enforcement and with it the rest of
the formal pillars.

Examples of community participation in the administration of criminal justice in our

setting.

1. The growing interest in the rights and welfare of the victim as shown by the
government with the cooperation of community leaders. Accordingly, R.A. No. 6981,
otherwise known as the “Witness Protection and Security Act” was passed and
approved on April 24, 1991”
- There is to encourage the citizenry to participate in the CJS by helping the government
and the community in dealing with crime and criminals.

2. The creation of Police- Community Relations. R.A. 6975, created this unit in order to
implement plans and programs that7 will promote community and citizen’s
participation in the maintenance of peace and order and public safety.
- It was created to establish a harmonious relationship between the polic and the
citizen. The community involvement in the CJS is necessary to show its problems and
encourage action for the solution thereof. It is clear that the police and the citizens
need each other to combat and eradicate criminality.

How can police-community relations be achieved?

This can be done:

a. Through constant dialogues, and seminars to acquaint the “barangay tanods” and the
police aides of their duties and responsibilities in the performance of their functions in
the community;

b. The police must follow the rule of law on dealing with the citizens by performing their
duties in a humble and efficient manner and showing the public goodwill.

E. PEOPLES LAW ENFORCEMENT BOARD (PLEB)

R.A. 6975 created the PLEB to hear and decide citizens’ complaints and cases against
an erring officer and members of the PNP. This is so, in order to check abusive and misfits in

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the organization who destroy whatever trust has been gained by the police from the
community. This is to get rid the basket of bad and rotten apples in order to preserve the
good ones, so to speak.

The active participation of non-governmental organizations (NGO’s), people’s

organizations (PO’s) business groups and civic and professional organizations. This is evident
by:

a. Their implementation of various projects which are aimed at assisting in the

improvement of police services such as putting up of police boxes and donating
financial and logistical resources, and the like;
b. Supporting the investigation and the prosecution services;
c. Providing employment opportunities, technical assistance and skills training of
inmate’s probationer and parolees;
d. Involvement in the implementation of a criminal justice information.

The success of the Criminal Justice System, specifically the community pillar is based on
the role performances of the following:

1. The family
2. The barangay
3. The schools
4. The government
5. The private sectors (NGO’s)
6. The church
7. The mass media

ROLE OF THE FAMILY

A family is the basic institution. The first teacher of a child is his/ her parents or
guardians. The parents or guardians, therefore, must serve as good models to the child and
must avoid any activities that the child may mistakenly think are right.

If one of the family members becomes a criminal, the family must be open minded in
accepting this member. No one will accept an ex-convict if his own family refuses him.

ROLE OF THE BARANGAY

The barangay must likewise exercise its lawful functions in monitoring all the
residents within its jurisdiction, especially those who are engaged in criminal activities. Close
coordination with the police department within their locality must be established for the
purpose of crime prevention and even criminal detection and apprehension.

ROLE OF THE SCHOOLS

Teachers are considered as the second parents of the students. They must incorporate
in their teaching the importance of law obedience and the implication or consequences of
violating the law.

Teachers must inculcate likewise to the young minds of their students that everyone
in this world deserves a second chance. This includes giving convicted criminals who are
already reformed and rehabilitated the chance to become a productive part of the society

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again. It is necessary for teachers not to create false knowledge about convicted persons to
make students believe that these people have no place in the community.

ROLE OF THE GOVERNMENT

Government officials must provide opportunities for reformed and rehabilitated

offenders. Without these opportunities, it is difficult to have an assurance that these persons
will remain to act as rehabilitated and reformed offenders. The government must provide
livelihood programs to avoid repetition of crime for those who engaged in crime because of
poverty.

ROLE OF THE PRIVATE SECTORS

The private sector is important in our community since it provides jobs to people.
Private companies and businesses must not hesitate to employ reformed and rehabilitated
offenders especially if they are qualified.

ROLE OF THE CHURCH

It cannot be denied that faith is a very important aspect to a person’s life. Regardless
of sect affiliation, people believe that there is a God and will likewise be afraid to commit any
crime. Having a strong faith with God will likewise help those convicted persons to be
righteous again.

ROLE OF THE MASS MEDIA

Mass media nowadays is very powerful. Through its variety of modes (Print, radio, TV,
the web, etc.), it possesses the power of information and communication with people. Hence,
they may use this power by providing information to the public about the disadvantages of
commission of crimes. In emphasizing these disadvantages, people would fear to commit any
crime. In the same manner, mass media may provide information about the role of the
community as a pillar of the Criminal Justice System.

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Figure 7. Flow of Violators through the CJS

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PHILIPPINE CRIMINAL JUSTICE PROCESS

LAW ENFORCEMENT C
PILLAR
O
M
M
PROSECUTION PILLAR U
N
I
T
COURT PILLAR
Y

P
I
L
CORRECTIONS PILLAR
L
A
R

Figure 8. Philippine Criminal Justice Process

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