PCJS Midterm

The fruit of the poisonous tree

"the exclusionary rule" is also said to be ____________________________________

Bureau of Customs

BOC

For the protection of searcher not to be charged of a crime of theft, robbery, and the like For any civil and administrative liabilities.

General Rules in Effecting Search and Seizure

Legislative act by Congress

How did the PNP come about?

Land Transportation Office

LTO

Metro Manila Development Authority

MMDA

Philippine Center on Transnational Crime

PCTC

· Philippine Drug Enforcement Agency

PDEA

DILG ACT of 1990

R. A. 6975 otherwise known as __________________________

Initiator Prime Mover Initiator of the Actions

The Law Enforcement as the first pillar is considered to be:

To apprehend and arrest offenders

This function includes crime investigation and gathering of evidences that could withstand the scrutiny of the court.

The exclusionary rule

This rule not admitting any unlawfully obtained evidence against the accused is referred to by the Supreme Court as ________________________________________________

Entrapment

This simply means that ways and means are resorted to by the police officers in order to catch a law violator

R.A. 9344

also known as Juvenile Justice Welfare Act of 2006

Criminal investigation

is an art, which deals with the identity and the location of the offender and gather evidence of his guilt in criminal proceedings.

Armed Forces of the Philippines

AFP

· Anti-Money Laundering Council

AMLC

Anti-Terrorism Council

ATC

Bureau of Fire Protection

BFP

Bureau of Immigration

BI

Bureau of Internal Revenue

BIR

Bureau of Jail Management and Penology

BJMP

1. Order Maintenance 2. Community Service 3. Law Enforcement 4. Neighborhood Policing/Team Policing/ Community Policing

Basically, the powers enumerated under R.A.6975 can be general categorized into four, what are they?

Civil Aviation Authority of the Philippines

CAAP

To reduce crime

Crime reduction essentially means eliminating and reducing opportunities for criminal behavior.

Department of Finance

DOF

Department of Labor and Employment

DOLE

· effecting an arrest · surveillance · crime investigation

Examples of law enforcement initiating action:

59

How many regular members does NALECC have?

17

How many sub-committees does NALECC have?

Inter-Agency Council Against Trafficking

IACAT

Intellectual Property Office of the Philippines

IPOPHIL

1. Children in Conflict with the Law (CICL) who are 15 or younger; and 2. CICL who are above 15 but below 18 who acted without discernment.

Intervention only applies to two groups of children:

Order maintenance

James Q. Wilson defined order as the absence of disorder, which means behavior that tends to disrupt the peace and tranquility of the public or that involves serious face-to-face conflict between two or more persons. The police are charged with maintaining order, particularly in areas in which crime might erupt.

National Law Enforcement Coordinating Committee

NALECC

National Bureau of Investigation

NBI

National Intelligence Coordinating Agency

NICA

National Telecommunication Commission

NTC

Optical Media Board

OMB

Office of the Ombudsman

OMBUDSMAN

Office of the Solicitor General

OSG

Office of Transport Security

OTS

CAPABILITY

Others suggest that the question of ____________________________ of the would-be offender can be an element to consider if the crime can be committed.

Presidential Anti-Organized Crime Commission

PAOCC

Philippine Coast Guard

PCG

Philippine National Police

PNP

Philippine Overseas Employment Administration

POEA

Philippine Ports Authority

PPA

Community Service Function

Police performs a variety of services related to law enforcement. One of which is community service. Performing community service takes away police time that might otherwise be spent in law enforcement. But the performance of certain community services by the police might deter criminal activity as well as improve the public's image of the police.

To prevent criminal behavior

Prevention involves all the factors directed toward eliminating the cause of crimes.

To protect the life and property

Protecting life and property is essentially the purpose why the PNP was created.

Must have the ability and the intelligence to obtain vital information easily Must be honest, incorruptible, and with personal integrity Must have a knowledge of the psychology of human behavior Must have sufficient understanding of people and their environment Must be resourceful and quick-witted

Qualities of a Good Investigator

THE PHILIPPINE NATIONAL POLICE REFORM ACT OF 1998

R.A. 8551

Warrantless Arrest

Rule 113 Section 5

Securities and Exchange Commission

SEC

the Chief, PNP

The NALECC is chaired by

To regulate non-criminal conduct

This involves the community service and the maintenance of order functions of the PNP.

Executive Order 829

Through this order the NALECC was established to serve as a vehicle for cooperation and coordination and exchange of information among government law enforcement agencies.

R.A. 8551

Under this law, the PNP shall be a community and service-oriented agency responsible for the maintenance of peace and public safety.

The Philippine National Police The National Bureau of Investigation The Bureau of Internal Revenue

What are the premier law enforcement agencies in the Philippines tasked to enforce criminal law?

To prevent criminal behavior. To reduce crime. To apprehend and arrest offenders. To protect the life and property. To regulate non-criminal conduct.

What in general are the functions of the law enforcement in relation to the administration of the CJS?

It creates feeling of fear to the would-be offender A feeling of security and safety to the law-abiding citizen ​

What is the Purpose of Patrol?

R.A. 6975

What law or act of congress caused the establishment of the PNP?

September 11, 1982

When was the NALECC established?

January of 1991

When was the PNP established?

1. identify the criminal; 2. locate the offender; and 3. provide (gather) evidence for his guilt.

Who is an investigator ?

Buy-bust operation

also known in legal and police parlance as a form of "entrapment".

Desire

also one of the elements in the commission of the offense

Diversion

applies only to CICL above 15 and below 18 who acted with discernment.

Instigation

basically induced the person into committing a crime.

Opportunity

being one of the elements in the commission of the offense

Law Enforcement

considered to be the "initiator" or the "prime-mover" of the Criminal Justice System. It is considered as "the initiator of the actions" that other pillars must act upon to attain its goal or Some authors would state that without the police initiating the action, the system would be at a standstill.

James Q. Wilson

defined order as the absence of disorder

Domestic Disputes

frequently lead to violence between the spouses against the police.

PNP and NBI

have their own mandates in the implementation of their respective law enforcement functions.

Crime Control Functions in Law Enforcement

is almost intertwined with the "rationing concept" in the enforcement of criminal law.

Search Warrant

is an order in writing issued in the name of the people of the Philippines signed by the judge and directed to the peace officer, commanding him to search for personal property and bring it before the court.

Crime prevention functions

is being ignored by police officers because this will not reflect as hard data in their individual performance.

Arrest

is important in the administration of Criminal Justice System because if it is not applied to the accused, the court will not acquire jurisdiction over his person unless the person voluntarily surrenders himself to the authorities.

Criminal Investigation

is important in the administration of the CJS because one of the purposes of criminal investigation is to gather and preserve evidence that will justify their enforcement action in the particular case as well as enable the fact-finding process of the courts and the prosecution of the case successfully and obtain conviction.

Congress of the Philippines

is mandated 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."

Crime prevention

is one of the main goals of the criminal justice system.

Investigator

is one who is charged with the duty of carrying the objectives of investigation

Crime prevention

is simply defined as the elimination or reduction of the desire and/or opportunity to commit a crime.

Patrol

is the only police function that is directly responsible for crime prevention.

Law enforcement

is the third major area functions. We not only empower the police to enforce the law, but we expect that they will do so. We expect also the police to prevent crime, in many cases without our help. But the ability of the police to handle crime is limited, and they are dependent on assistance, although they do not always get assistance.

R.A. 6975

it is the PNP that is primarily charged to perform police function throughout the Philippines.

Child at risk

one who is vulnerable to and at the risk of committing criminal offense because of personal, family and social circumstances.

Children in conflict with the law

refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.

Intervention

refers to a series of activities designed to address issues that caused the child to commit an offense. It may take the form of an individualized treatment program, which may include counseling, skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-social well-being.

Diversion

refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings.

Restorative justice

refers to the principle which requires a process of resolving conflicts with the maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the community; and the reassurance to the offender that he/she can be reintegrated into society. It also enhances public safety by activating the offender, the victim and the community in prevention strategies.

Arrest

refers to the taking of the person into custody in order that he be made to answer for the commission of the crime.

Rationing

refers to when the police selectively enforces criminal law for various reasons.

Neighborhood Team Policing

represents an attempt to integrate the police and the community interests into a working relationship so as to produce the desired objectives of peacekeeping in the community.

Crime detection

the police are typically the first component of the justice system to deal with the commission of the crime.

INSTRUMENT or TOOLS

the presence or lack of _____________________________________ may be a consideration if the crime can be committed.

R.A. 8551

there has been a reorganization of the PNP by virtue of the enactment of _____________________________

Probable Cause

with respect to arrest is such fact and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested.