IEL 3212 Criminal Justice Chapter 1

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CHAPTER 1  Criminal Law

o Branch of division which defines crimes, treats of their nature, and


Historical Development and Principles of Criminal Justice provides for their punishment
FM Abalde & G. Cano o Sources of Philippine Criminal Law
 RPC (Act no. 3815) and its amendment
Lesson 1: Concept of Crime and Justice  Special Penal Laws passed by the Philippine Commission,
Philippine Assembly, Philippine Legislature, National
 Laws are penal in nature Assembly, the Congress of the Philippines, and the Batasang
 Penal laws are those acts of the legislature which prohibit certain acts and Pambansa
establish penalties for their violations; or those that define crimes, treat of  Penal Presidential Decrees issued during Martial Law
their nature, and provide for their punishment o Characteristics
 Crime exists because of the law that prohibits it.  Generality
 Theory of Logomacy: nullum crimen nulla poena sine lege (there is no crime  Binding to all persons except as provided in the treaties
where there is no law punishing it. and laws of preferential application such as the VPA,
Sovereign and other chiefs of state
Concepts of Crime, Law, and Justice  Territoriality
 Branches of the Government  Punishes crime within the scope of the state
1. Legislative Branch  Prospectivity
2. Execute  Looks forward, only punishes acts that are considered
3. Judiciary crime by virtue of law
 Exception
 The Bill of Rights of the 1987 Constitution imposes the following limitations: o When laws are beneficial to the accused in
o No ex post facto law or bill of attainder shall be enacted. (Article 3, character, it can be given a retroactive effect eg.
Sec. 22) Illegal possession of fire arms
 Ex post facto law makes an act done before the passage of the
law and which was innocent when done, and punishes such an  Crime is an act committed or omitted in violation of public law.
act. o Offense
 Bill of attainder is a legislative act which inflicts punishment  Punishable by Special Penal Laws
without trial. Its essence is the substitution of a legislative act o Felony
for a judicial determination of guilt.  Punishable by the RPC
o No person shall be held to answer for a criminal offense without due o Misdemeanor or Infraction of Laws
process of law. (Art. 3, Sec. 12(1))  In violation of City, Municipal, or Barangay
 The Revised Penal Code (RPV) or Act No. 3815 o Not all acts in violation of law are against morality. Crime can be
o Public of municipal law  Mala in se
o A revision of the Old Penal Code of Spanish text  Considered wrong even if there is no law prohibiting it
o The revision is incorporate and takes into consideration the existing  Mala Prohibita/Prohibitum
conditions, the special penal laws, and the rulings laid down by the  Not wrong in nature, it becomes wrong because of the
Supreme Court. statute that prescribes it.
 How Society perceives which are criminal:  Victimless Crime
o Consensus Model o Only harms the individual who consented to engage in it such as
 Shares common beliefs and customs gambling, prostitution, and recreational drug use
o Conflict Model
 Derives its laws from the group holding the economic, Lesson 3: Evolution of Law
political, and social power in a community  Code of Hammurabi
 Act o First known bodies of law
o any bodily movement tending to produce some effect in the external o Set of laws that was engraved on stone tablets
world o Deals with issues of theft, ownerships, sexual relationships, and
 Omission interpersonal violence.
o Failure to do a positive duty which one is bound to do o Specifies corporal punishment and death
 RA 9344  Roman Law
o Defines the offense as any act or omission whether punishable under o Derived from the 12 tables which were a collection of basic rules
special laws or the Revised Penal Code, as amended related to family, religion, and economic life
 FELONY o Justinian Code
o Acts or omissions punished by the RPC  Institutes, Digest, Code
o Incurred by means of dolo or culpa  Public and Private Law
 Dolo (deceit)  Common Law
 Freedom, intelligence, intent o A body of early unwritten legal principles created from social customs,
 Culpa (fault) rules, and practices
 Freedom, intelligence, imprudent, negligent, lacks of  Magna Carta (Great Charter)
foresight or skill o Guarantees basic liberties for all British citizens
o Prohibit the king from prosecuting the barons without just cause
Lesson 2: Criminal and Victim o Due process of law
 Theory of Victimization/Victimology Theory by Benjamin Mendelson o The foundation stone of our present liberties
o Situational factor is a reason of victimization  Greek Laws
 Levels of the Justice System o Contributes to the western thoughts
o Law Enforcement o Notions of justice, concept of impartiality and common law
 Persons of interest  Canon Law
 Suspect o Ecclesiastical law
o Prosecution  Germanic Law (Teutonic tribes)
 Respondent o A family of customary rules
o Court o Verbalized law tradition
 Accused  Philippine Laws
o Correction o Have unwritten and written laws
 Persons deprived of liberty o Maragtas Code
o Community  oldest known written body of laws
 Ex-Convict/Balik-Bayan o Kalantiao Code
 2nd oldest legal code o an accusation in writing charging a person with an offense, subscribed
by the prosecutor and filed with the court.
Lesson 4: Comparative Criminal Justice Systems  Preliminary Investigation
o an inquiry or proceeding to determine whether there is sufficient
 United States ground to engender a well-founded belief that a crime has been
o Inquisitorial in nature committed and the respondent is probably guilty thereof, and should be
 Afforded the right to be heard held for trial.
o 3 components: law enforcement, court, corrections  Probable Cause
 Spain o A well-founded belief that a crime has been committed and the
o European Continental legal systems respondent is probably guilty thereof, and should be held for trial.
o Act or omission is prosecuted and penalized if it’s a violation of their Pillars
penal law (nullum crimen sine lege, nulla pena sine lege) 1. Law Enforcement
 Singapore a. Prime mover of the system
o Law enforcement, prosecution, courts and, corrections b. Shall assist in the prosecution of the offender
o Adversarial in nature 2. Prosecution
 China a. Tasked to evaluate evidence
o Viewed laws as Marxist and as the tool of the ruling class 3. Court
o Public Security a. Arrest
 Investigation, detention, and preparatory examination of i. Taking of person into custody
criminal cases b. Warrant of Arrest
o People’s Procurates i. A written order issued and signed by a magistrate
 Approving arrest and conducting procuratorial work c. Search Warrant
o People Courts i. An order in writing issued in the name of the people of the Phil
 Adjudication 4. Correction
a. Shall cater convicted felons.
Lesson 5: Components of CJ in the Philippines b. Responsible for safekeeping, and reformation of criminals
5. Community
Criminal Justice System a. ex-convict has been wholly reformed and reintegrated to the
 Major adjudication process community
 Retributive justice
 Guilty beyond reasonable doubt is the highest degree of proof

 Complaint
o A complaint is a sworn written statement charging a person with an
offense, subscribed by the offended party, any peace officer, or other
public officer charged with the enforcement of the law
 Information Criminal Justice System: Basic Concepts & Approaches
By: Porferio Madelo Jr.
o The code also addresses legal procedure with statements for
 The Criminal Justice System in the Philippines is a modified version of the penalties for unjust accusations, false testimony, and injustice done
American Justice System. by judges.
 It is comprised of the 4 pillars: Law Enforcement, Prosecution, Court, GREEK LAWS
Correction, and Community.
 This is an innovation of the American Justice System where it only has 3  Contributes to the Western thoughts about law coming from the ideas of great
pillars, namely, Law Enforcement, Court, and Correction. Prosecution and philosophers, such as Socrates, Plato, and Aristotle.
Community pillars are included in our justice system because they play a vital o Notions of justice, which profoundly influenced legal reasoning,
role in crime prevention and criminal justice process. emerged from these Greek thinkers.
 Distinguished natural law (a cosmic, unchanging, divine set of principles) and
Development of Laws positive law (human law, will of the ruler)
 Socratic Method: used questions to establish a proposition, still used as a
Lex Talionis “case method” of training lawyers in the Philippines.
 In English, it is the law of retaliation equivalent to an offense. It is the  Need of equity (Aristotle)
principle of retributive justice based on the Mosaic law of “an eye for an o a principle to temper the harshness of the law and ensure justice
eye, a tooth for a tooth.” o English Courts of Chancery
o One of the founding principles of modern juvenile justice
Mesopotamian Laws and Codes  Reasonably prudent man
 The earliest well-developed written laws were from early cultures in  Concept of impartiality and common law against constructive law
Mesopotamia, the land bordered by the Tigris and Euphrates rivers.
Research shows that the ancient Sumerian codes came into being as early ROMAN SYSTEM
as 3000 BCE.
 The Babylonian Code of Hammurabi is the most famous of the  Law of the Twelve Tables
Mesopotamian codes to survive in its entirety. o Covers all categories of the law and also includes specific
o First discovered by French archaeological expedition under the penalties for various infractions
direction of Jacques de Morgan in 1902. o Represented Rome’s 1st attempt to codify the law
o The code is believed to be a series of amendments to the common o Formed the centerpiece of the constitution of the Roman
law of Babylonia. Republic and the core of its customary laws.
 In the area of criminal law, the primitive principle of “an eye for an eye,”  Credited with the development of reflective jurisprudence.
was part of the Code of Hammurabi.  Justinian Code (circa 530 BCE)
o it is the primitive concept of trial by ordeal. o Basis of the current Romano-Germanic Law
o The administration of justice in Hammurabi’s days was the duty of  Jus Gentium (law of nations)
the state, and not of the family. o Cases involving Romans and foreigners
o Based on principles of natural justice
o Represents early attempts to solve conflict of wars
o Used in international law as a system of regulating the CRIMES AND THE CRIMINALS
interrelationship of sovereign states and their rights and duties
with regard to one another. Crime
CANON LAW  The “breaking of rules or law”
 The body of codified laws governing the affairs of a Christian church  Social
 Also called the ecclesiastical law o Crimes are considered by the society as deviant
 Had its sources in Roman law o Criminal actions are interpreted within the social context
 In 1140, Gratian, a Benedicte Monk o There is a correlation between crime and factors like poverty, low
o Made the first great codification of church law levels of education, and deviant activity by family and peers
 Caters areas such as crimes against morality, adultery, incest, sodomy, and  Legal
other regulations concerning marriage and probate. o Crime is defined as an act or omission punishable by law
o Also incest, perjury, and defamation o Offenses against the state
o An omission is the inaction or nonperformance of an act.
GERMANIC LAW  Nullem Crimen, Nulla Poena Sine Legis
 Law of the Teutonic or Germanic Tribes o There is no crime if there is no law punishing it
o A family of customary laws  The criminal law is the source of crime
 Verbalized law tradition comprising of numerous features that could be Criminal Law
viewed as democratic despite the fact that tribes are linked with primordial  A branch or division of law, which defines crimes, treats of their nature, and
elements of law and the cold of boldness provides for their punishment
 Tithing Criminal
o Protector of rights of the people  Any person who has been found to have committed a wrongful act in the
course of the standard judicial process
COMMON LAW OF ENGLAND
 The person formally charged in court for having violated a penal law, either
 Based on rules developed by the royal courts during the 1 st 3 centuries after
the RPC or a special law, is not yet a considered criminal, but only an
the Norman invasion in 1066 CE.
accused.
 The Normans and their successors were confronted with the dilemma of
The Criminal Behavior
achieving collective jurisdiction for the royal courts in the course of uniting
 The birth of a criminal or delinquent behavior is a product of factors between
England
man and his environment
 Concerned with procedural matters
Criminal Tendencies
 Great Charter (Magna Carta) of 1215
 The criminal tendencies of a person would come to develop if the materials
o Guaranteed the freedom of the church, restricted taxes and fines, and
for committing a crime are present.
promised justice to all
Situation
o A government of all laws not of men
 Refers to an environmental factor that induces or invites an individual to b. Patterned on legal premise having a source form the Constitution,
commit a crime legislative enactment, criminal codes, court judgments, and the
Resistance governmental policies regulating the criminal justice department
 Pertains to the person’s susceptibility to commit violations or failure to follow c. This approach is theoretical
certain social standards or rules of conduct whenever his emotional, spiritual, 3. Socio-Behavioral Approach
moral, mental, and physical or psychological being is weak. a. Illustrates the contribution of psychology and the social sciences to
 Vary according to the form, size, or degree of the individual criminal justice
b. Focuses on criminality as a form of conduct that ought to be assessed
CRIMINAL JUSTICE SYSTEM c. Proponents argue that it should be evaluated on how successfully it
 defined as the machinery established by the government to deal with the changes undesirable behavior into socially acceptable conduct
problem of crime and criminality. It takes the orderly progression of events 4. World Order Approaches
from the time a person is arrested or taken out to the community, investigated, a. Adopt holistic views based on religious, economic, and socio-cultural
prosecuted, sentenced, punished, and eventually returned to the community concepts of the world
 creates the laws governing social behavior, attempts to prevent violation of b. Organic, views criminal justices as one of the countless features reliant
laws, and apprehends, judges, and punishes those who violate the law. on the entire set of social, economic, or religious ideals
Criminal Justice 5. Operational Reality Approach
 the procedure by which criminal conduct is investigated, arrests made, a. CJS as pragmatic in practice
evidence gathered, charges brought, defenses raised, trials conducted, b. Often uses participant-observers, seeks response to inquiries such as
sentences rendered, and punishment carried out who, what, when, where, how, and documents the ongoing
undertakings of the agencies under the criminal justice
 a collection of national and local public agencies that deal with the problem on
6. Organizational Approach
crimes or concerned with the prevention, control, and reduction of crime and
a. Looks at the criminal justice procedure or its distinctive mechanisms
delinquency
and evaluates them in consideration with the governmental standards.
 a collective effort observed in the different agencies or departments operating
b. Was proven by the renowned systems approach, which oversees the
together under the rule of law and as the principal means of maintaining the
affairs of the mechanisms contained by the overall system and
rule of law within the society.
recommends how the perfect system shall work
c. Close system, since the approach emphasizes only relationships
Institutional Approaches
between criminal justice components
1. Historical Approach
7. Reform Approach
a. Reveals the origin of current legal thinking and exemplifies to the
a. Stressed the necessity to improve the criminal justice system
collective outcome of the account on modern-day CJS.
b. Attempts to pinpoint those components of criminal justice system that
2. Legalistic Approach
are inhuman or unjust and reform them
a. Examines the role of legal theory in criminal justice
*Internal Reformation at the agency level is ever more being recognized as the
utmost effective way of attaining long term progresses
 The first 4 pillars are formal institutions which pertain to the traditional
PHILIPPINE LAWS agencies vested with official responsibility in dealing with crime or in crime
control. The last pillar, the broadest among five, is an informal institution.
 Early Laws  Functions of the CJS
o Written Law o Prevent and control the commission of crime
 Definite written form at a particular time and process, usually o Enforce the law
by a constituted authority of legislature o Safeguard lives, individual rights, and properties
 Promulgated by the Datus o Investigate, apprehend, prosecute and sentence those who violate the
 Maragtas Code rules of society
 Written about 1250 C by Datu Sumakwel of Panay o Rehabilitate the convicts and reintegrate them into the community as
 Kalantiao Code law abiding citizens
 written in 1433 CE by Datu Kalantiaw, also of Panay
o Unwritten Form of Law 1. Law Enforcement/Police
 Product of social evolution, consisting largely a mass of a. Consists mainly of the PNP
customs, rites, mores, folkways, traditions and the like b. Focused on the prevention and control of crimes, enforcement of laws,
 Penal Laws ad effecting arrest of offenders, including the conduct of lawful
o Patterned after the Spanish Penal Code of 1843, enacted through the searches and seizures to gather necessary evidence so that a complaint
Royal Order dated December 17, 1886, which directed the execution may be filed with the Prosecutor’s Office.
of the Royal Decree of September 4, 1884 c. Other law enforcement agencies:
o The penal code enforced in the Peninsula be published and applied in i. National Bureau of Investigation (NBI)
the Philippines ii. Bureau of Internal Revenue (BIR)
o Published in the Official Gazette of Manila on March 13-14, 1887 and iii. Land Transportation Office (LTO)
it took effect 4 months after, July 14, 1887 iv. Bureau of Customs (BOC)
o A committee was created by Administrative Order No. 94 of the DOJ v. Food and Drug Administration (FDA)
to revise the old penal code (Spanish) on October 18, 1927 vi. Philippine Coast Guard (PCG)
o The Philippine Legislature enacted thee RPC (Act No. 3815), vii. Philippine Aviation Security Command (PASC)
approved on December 8, 1930 and took effect on January 1, 1932 viii. Maritime Industry Authority (MARINA)
ix. Bureau of Forest Development (BFD)
CRIMINAL JUSTICE SYSTEM IN THE PHILIPPINES x. Bureau of Fisheries and Aquatic Resources (BFAR)
xi. Civil Aviation Authority (CAA)
Pillars of the CJS xii. Department of Environmental and Natural Resources (DENR)
xiii. Department of Foreign Affairs (DFA)
xiv. Bureau of Immigration (BID)
xv. Philippine Drug Enforcement Agency (PDEA)
2. Prosecution Pillar 1. A combination of the inquisitorial and accusatorial
a. Cannot issue the warrant, mere probability systems
b. Concerned with the investigation of grievances or complaints 2. The examination of defendants and other persons before
c. Other Prosecuting Offices under the DOJ the filing of the complaint or information is
i. National Prosecution Service (NPS) inquisitorial.
ii. Office of the Special Prosecutor (OSP) iv. The judicial setup in the Philippines is accusatorial or
iii. Judge Advocate General Office (JAGO) adversary in nature. It contemplates two contending parties
iv. Office of the Ombudsman before the court, which hears them impartially and renders
v. City and Provincial Prosecutor Office judgment only after trial.
d. 3 systems of Criminal Procedure 3. Courts
i. Inquisitorial a. Issues the warrant
1. A system where the detection and prosecution of b. Quantum of evidence required: proof beyond reasonable doubt
offenders are not left to the initiative of private parties, c. Where the prosecution is given the opportunity to prove that there is a
but to the officials and agents of the law. strong evidence of guilt against the accused
2. Resort to use of secret inquiry to discover the culprit; d. It is also in the court that the accused is given his “day in court” to
violence and torture are often employed to extract disprove the accusation against him
confessions e. Court Organizations include
3. The judge is not limited to the evidence brought before i. Supreme Court
him, but could proceed with his own inquiry, which is ii. Court of Appeals
not confrontative iii. Sandiganbayan
4. Not necessary that there’s a complainant iv. RTC
ii. Accusatorial v. MTC
1. A system where the accusation is exercised by every vi. Municipal Circuit Trial Court
citizen or by a member if the group to which the injured vii. Metropolitan Trial Court
party belongs viii. Municipal Trial Courts in Cities
2. At least 2 persons are involved, complainant and f. If there is any reasonable doubt that the accused committed the crime,
respondent he has to be acquitted
3. The essence of such is the right to be presumed 4. Corrections
innocent a. Probation (erase conviction) is only available if the accused does not
4. to defeat this presumption, the prosecution must file an appeal
establish proof of guilt beyond reasonable doubt (moral b. Pardon
certainty) i. can only be granted by the President,
iii. Mixed ii. executive clemency effect: disqualified to hold public office
will be eliminated when pardon is being granted
c.
takes over the offender after being found guilty
d.
it is also where the penalty for the crime he committed is meted out.
e.
Instead of filing an appeal, he can apply for probation
f.
Correctional Agencies
i. Bureau of Corrections
ii. Parole and Probation Administration
iii. Board of Pardons and Parole
iv. Bureau of Jail Management and Penology
v. Provincial Rehabilitation Center
vi. City/Municipal Rehabilitation Center
vii. Regional Youth Rehabilitation Center
5. Community
a. Two – Fold Role
i. Has the responsibility to participate in law enforcement
activities by being partners of the peace officers in reporting
the crime incident, and helping in the arrest of the offender
ii. Has the responsibility to participate in the promotion of peace
and order through crime prevention or deterrence and in the
rehabilitation of convicts and their reintegration to society
b. Rehabilitation takes place when the convict is serving his sentence. A
convict may be paroled or may even be placed in probation
c. Mobilized Community is composed of the ff
i. DSWD
ii. NEDA
iii. DILG
iv. Philippine Public Safety College
v. Public Information Agency
vi. Dangerous Drugs Board
vii. Other govt agencies, non-government organizations, people’s
organizations and other private institutions.

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