INTRODUCTION TO

CRIMINAL JUSTICE SYSTEM

 Lesson 1
Introduction to Criminal Justice System

Expected Learning Outcomes

• Undestand the theoretical and legal concept

of criminal justice;
• The evolution of the law
• Understand the different criminal justice
system in selected countries
 A. Criminal Justice: A Background

What is Criminal Justice System CJS)?

-refers to the various sequential stages through which
offenders pass, from initial contact with the law to final
disposition, and the agencies charged with enforcing the law at
each of these stages. In our country, those agencies consist of
the Police, Prosecution, Courts, Correction and Community.

-It is the system of law enforcement that is directly involved

in apprehending, prosecuting, defending, sentencing and
punishing those who are suspected or convicted of criminal
offences.

-Criminal Justice system of practices and institutions of

governments directed at upholding social control, deterring and
mitigation crime, or sanctioning those who violate laws with
criminal penalties and rehabilitation efforts.
 A. Criminal Justice: A Background

Etymology of Criminal

• The word criminal originated from Middle English,

came from French criminal; from late Latin
criminalis; and from Latin crimen or crimin which
means accusation.
• Criminal – refers to a person committed or been legally
convicted of a crime.
• Criminal in the legal sense, refers to any person who
has been found to have committed a wrongful act in
the course of the standard judicial processes.
• In the criminology sense, a person is already
considered criminal the moment he committed any
anti-social act even without conviction.
 A. Criminal Justice: A Background

Etymology of Justice

• Justice originated from the Greek word dike, which

associated with the concept of everything staying in its
assigned place of natural role.

• According to Plato, justice consists of maintaining the

social status quo. Justice is one of the four civic
virtues, the others are wisdom, temperance and
courage.

• In Aristotle's conception of justice, the lack of freedom

and opportunity for some people. .. He associated
justice with the law; if a person violated the law, he
would be considered unjust.
 A. Criminal Justice: A Background

Etymology of Justice

• Justice originated from the Greek word dike, which

associated with the concept of everything staying in its
assigned place of natural role.

• According to Plato, justice consists of maintaining the

social status quo. Justice is one of the four civic
virtues, the others are wisdom, temperance and
courage.

• In Aristotle's conception of justice, the lack of freedom

and opportunity for some people. .. He associated
justice with the law; if a person violated the law, he
would be considered unjust.
A. Criminal Justice: A Background

• This national symbol

represents FAIRNESS.
• She is carrying scales
that represent “balance”
in all things.
• She is blindfolded in
order to be fair to
EVERYONE.
• She has a sword to
defend everyone’s
rights.
 A. Criminal Justice: A Background

What is Crime?
• Crime is the reason why criminal justice system exists.

• It is a violation of law.

• Crime under the Philippines law, refers to the act committed

or omitted in violation of public law forbidding or
commanding it.

• Crime could be in the form of:

• Felonies – refers to those violations of the Revised

Penal Code/ Act or omission punishable by the RPC.
• Offenses – refers to those violations of statutes/ Act or
Omission punishable by Special Laws.
• Misdemeanors of Infraction of Laws – refers to act or
omission/violation of City, Municipal, or Barangay
Ordinances
 A. Criminal Justice: A Background

Elements of a Crime
1. Motive - refers to the reason or intent of an individual
to commit a crime.
2. Opportunity – refers tot the reason or intent of an
individual to commit a crime.
3. Means (Instrumentality or Capability) – it refers
to the ability of an individual to commit a crime.

In recognizing and identifying these elements; the

commission of a crime may be prevented by taking away any one
(1) of the three (3) elements. This is the essence of crime
prevention activities.
 A. Criminal Justice: A Background

What is Crime
Reporting?
- is the act of reposting a crime
committed by the victim or concerned
citizens to the police and other similar
law enforcement agencies/institutions.
The police unit with the territorial
jurisdiction where the crime was
committed shall have the primary
responsibility or recording and reporting
the same.
 A. Criminal Justice: A Background

Crime reports are compiled by the PNP and presented in the form
of crime statistics which is mathematical measure of the level or
amount of crime prevalent in a given area at a given this time. It
usually refers to figures compiled by the police and similar law
enforcement agencies to depict the picture of a crime based on the
following:

1. Crime volume – refers to the number of crime incidents

committed in a given area over a period of time which includes
index and non-index crimes.
2. Index Crimes – refers to crimes which are serious in nature and
which occur with sufficient frequency and regularity such that
they serve as an index to the crime situation. These are crimes of
murder homicide, physical injuries, carnapping, cattle rustling,
robbery, theft and rape.
3. Non-Index Crimes – refers to crimes in violation of special laws
such as illegal logging and local ordinances.
4. Crime Rate - refers to the numbers of crime incidents in a given
period of time for every 10o,ooo inhabitants of an area.
5. Average Monthly Crime Rate – refers to crime rate decided into
 EVOLUTION OF THE
LAW
CODE OF HAMMURABI
The code of Hammurabi considered as one of the first
known bodies of law. It was promulgated by the King
Hammurabi who ruled the ancient city of Babylon in around
2000 B.C.

The code of Hammurabi is a set of laws that was engraved

stone tablets which were aimed to establish property and
other rights.

The code deals with the issues of theft, ownership, sexual

relationships and interpersonal violence. The code specifies a
variety of corporal punishment and even death.
 EVOLUTION OF THE
LAW
ROMAN LAW
The Roman law was derived from the Twelve Tables,
which was written 450 B.C. These Twelve Tables were
collection of basic rules related to family, religion and
economic life. The tables are based on the common and fair
practices generally accepted among the early tribes.
The Justinian code consists of three (3) legal documents:
(1) the Institutes; (2) the Digest; (3) and the Code. The
Justinian’s code distinguished between two major legal
categories: public and private laws.
Public law dealt with the organization of the Roman state,
its Senate, and governmental offices, while private law
concerned itself with the contracts, personal possessions,
legal status of various types of persons and injuries to
citizens. The civil and Criminal law of today was influenced
by this Roman Law.
 EVOLUTION OF THE
LAW
COMMON LAW

Common law had its origin in the early English society. It

is a body of early written legal principles created from
customs, rules and practices.

Common law was legal upon the official declaration that it

was the law of the land by the English King Edward the
Confessor in the eleventh century.

The authority of the common law was further reinforced

by the decision of William the Conqueror to use popular
customs as the basis for juridical action following control
over Britain in 1066 A.D.
 EVOLUTION OF THE
LAW
THE MAGNA CARTA (Great Charter)

The Magna Carta was signed on June 15, 1215 by King

John of England. It guarantees basic liberties for all British
citizens. One specific provision of Magna Carta, designed
originally to prohibit the King from prosecuting the barons
without just cause, was expanded into the concept of “due
process of law” – a fundamental cornerstone of modern legal
procedure. Magna Carta from then has been called “the
foundation stone of our present liberties.”
 EVOLUTION OF THE
LAW
GREEK LAW

The Greek Law contributes to the Western thoughts about

the law coming from the ideas of great philosophers such as
Socrates, Plato and Aristotle.

Notions of justice profoundly influences legal reasoning

emerged from these Greek thinkers. The concept of
impartiality and common law against constructive law were
regarded as early Greek contributions that remain significant
to contemporary society.
 EVOLUTION OF THE
LAW
CANON LAW
Also called the Ecclesiastical Law, Canon Law is the body
of laws made by or adopted by ecclesiastical authority in the
12th and 13th centuries for the government of Christian
organizations and its members.

The impact of canon law propagated promptly at the

moment the bishop instituted themselves as transitory rulers
upon the downfall of the Roman Empire in the West.
 EVOLUTION OF THE
LAW
GERMANIC LAW

The law of the Teutonic or Germanic tribes is a family of

customary laws. The Germanic tribes verbalized law tradition
comprising numerous features that could be viewed as
democratic even though tribes are linked with primordial
elements of law and the code of boldness.
 EVOLUTION OF THE
LAW
PHILIPPINE LAW
The early Filipinos have different forms of laws. These laws
are written and unwritten laws. The written laws is one that is
written at a definite time and process constituted or formed by
the legislatures. The unwritten law on the other hand, is the
product of customs, traditions and social culture of a society.
The legal decisions of unwritten laws are based on the forms of
character. It is not classified and written but it controls the
behavior of the people living within that society.

In the early Filipino time, the written laws are formulated by

the leader of the tribe known as “datus.” They are responsible
in regulating the peace and order of their respective tribes. The
two known written codes in the pre-Spanish era are the
Maragtas Code and the Kalantiao Code. These written laws are
based in their practices, customs and tradition that has been
practices down from generation to another generation.
 EVOLUTION OF THE
LAW
MARAGTAS CODE
It is considered as the oldest known written body of laws
in the Philppines. It has been said to be written in 1250 A.D.
by Datu Sumakwel of Panay.

KALANTIAO CODE
It is said to be the second oldest legal code in the
Philippines. It was written in 1433 A.D. by Datu Kalantiao of
Panay.
In pre-Spanish time, head of the government unit is the
datu or rajah, or the sultan or hadji in some places. The unit
is composed of settlements or villages called barangay (name
after Malayan word balangay which means ‘boat’), that
consists of more or less 100 families. The datu is also the
chief executive, lawgiver, chief justice, and military head of
the unit.
COMPARATIVE CRIMINAL JUSTICE
SYSTEM
United States Criminal Justice System
The United States Criminal Justice System is inquisitorial in
nature. The United States Criminal Justice System is composed
of three (3) components: the law enforcement, courts and
corrections.

The law enforcement performs the arrest of the criminal

while the court is in charge of trial and imposition of the
penalty if the accused was thereafter found guilty. After the
court, the correction shall take over the criminal to serve his
sentence. These three components – law enforcement, courts
and corrections – work together for the same goal which is to
maintain the public order in the community.
COMPARATIVE CRIMINAL JUSTICE
SYSTEM
Spain Criminal Justice System
Spain has a European Continental legal system, requiring
that behavior be defined as criminal and that the penal law
assign a penalty to that behavior for it to be prosecuted (nullum
crimen sine lege, nulla pena sine lege).

The judge shall carry out the investigation stage of the penal
process. The suspect benefits from a system of procedural
guarantees. Hearings are characterized by adversarial
procedures, with a public attorney prosecuting on basis of
findings of the investigating judge.
COMPARATIVE CRIMINAL JUSTICE
SYSTEM
Singapore Criminal Justice System
The Singapore Criminal Justice System is composed of law
enforcement, prosecution, courts, and corrections. The legal
system of Singapore is adversarial in nature. The English
common law was superimposed on the existing Malay
customary and Muslim laws. The legal system is borrowed
heavily from the English laws like the Singapore Penal Code
and Criminal Procedure Code.
COMPARATIVE CRIMINAL JUSTICE
SYSTEM
China Criminal Justice System
The legal system of the People’s Republic of China is
typically Marxist. The legislators in the People’s Republic of
China view laws, especially criminal law, as the tool of the
ruling class. In judicial activities, public security branches,
people’s procurates and people courts have a division of labor.
Public security branches are responsible for the
investigation, detention, and preparatory examination of
criminal cases; while the people’s procurates are responsible
for approving arrest and conducting procuratorial work which
includes investigation and initiating public presentation. On the
other hand, the people’s courts are responsible for adjudication.