CLJ
criminology
"the body of knowledge regarding crime as a social phenomenon. It includes within its scope the process of making laws, of breaking laws, and of reacting toward the breaking of laws". They further note that Criminology has three interrelated divisions;
Actus me invito factus, non est meus actus
An act done by me against my will is not my act.
American Criminal Justice System Pillars
Law Enforcement, the Courts, and Corrections.
prosecutor
The criminal justice practitioner who must have the evidence to show that the required elements of a criminal act are present, that the suspect has committed the act, and that, she or he has formulated some intent to commit the act.
role of the prosecutor
The prosecutor perhaps plays the most crucial role in the administration of the criminal justice system because the office occupies a central and very important position between the police and the courts.
Nullum crimen nulla poena sine lege
There is no crime when there is no law punishing it.
Custodial investigation
This is a criminal justice process which means the questioning initiated by law enforcers after a person has been taken onto custody or otherwise deprived of his freedom of action in a significant way.
Three interrelated divisions of Criminology
1. The Sociology of Criminal Law 2. The Sociology of Crime and the Social Psychology of Criminal Behavior 3. The Sociology of Punishment and Correction
Actus non facit reum, nisi mens rea
A crime is not commited if the mind of the person performing the act complained be innocent.
Four (4) years, two (2) months and one (1) day without regard to the fine
A preliminary investigation is required to be conducted before the filing of a complaint or information for an offense where the penalty prescribed by law is at least
Private defense counsels/public attorney
Advocates of accused, acting as intermediaries and counselors and represents the interest of persons accused of a crime are the:
law enforcement agencies
BJMP - Bureau of Jail Management and Penology DOF - Department of Finance LTO - Land Transportation Office AFP - Armed Forces of the Philippines PCG - Philippine Coast Guard
isolation from public
Danger and authority are features of the working personality of the police. Another feature is:
Support
Every policeman must do is job well, leaving nothing undone through carelessness in order to maintain public _____?
Optical Media Board
It is a national agency under the Office of the President responsible for regulating the production, use and distribution of recording media.
Crime
It is the event that calls for the operation of the criminal justice system
Crime control
It is the process of reducing if not eliminate the existence of a cause from initially occurring, thus, lessen the police work as suppressing the spread of criminality.
National Prosecution Service
Its most important function in the Criminal Justice System is to maintain and recognize the rule of law through the speedy delivery of services particularly in the prosecution and investigation of all crimes.
Philippine Criminal Justice System Pillars
Law Enforcement, Prosecution, Courts, Corrections, Community.
powers enumerated under R.A.6975
Order Maintenance • Community Service • Law Enforcement • Neighborhood Policing
reasonable
Police authority to use force in serving compliance with the law is basic role of maintaining public order. This activity carries with it a responsibility to use only ____ physical force necessary on any particular occasion to achieve a lawful objective.
Complaint
Sworn written statement, subscribed by offended party, any peace officer of public officer in charged of enforcement of the law violated filed either
Local government executives
The problem on illegal gambling, particularly jueteng is unabated. Who has the control and supervision powers over anti gambling operations?
functions of the Law Enforcement
To prevent criminal behavior. • Prevention involves all the factors directed toward eliminating the cause of crimes To reduce crime. • Crime reduction essentially means eliminating and reducing opportunities for criminal behavior • To apprehend and arrest offenders.
Discretion
What is the authority to make decisions without reference to specific rules or facts, using instead one's own judgment?
Order maintenance
What is the name of the police role that centers on preventing and controlling behavior that disturbs the public peace?
Booking
What is the process wherein the suspect is brought to the police station to be fingerprinted, photographed and to have personal information recorded?
Prosecution
What pillar conducts preliminary investigation of cases filed in the prosecutors' offices and prosecutes cases filed in the court against alleged offenders, after probable cause has been established?
The police can use one higher level of force than that with they are confronted
Which of the following statements is most accurate with respect to police officers and their use of force?
The Sociology of Criminal Law
analyzes the conditions under which penal laws develop and explains as well the procedures used in police agencies and courts. This first division focuses on 'lawmaking'
Law Enforcement
as the first pillar is considered to be the"initiator" or the "prime-mover" of the Criminal Justice System.
The Sociology of Crime and the Social Psychology of Criminal Behavior
examines economic, social and political conditions that generate or prevents the commission of crimes. This second division focuses on 'law-breaking'.
Criminology
explains the etiology, extent, and nature of the crime in society;
Criminal Justice System
involves a number of government agencies that ensures the protection of the public, the maintenance of order, the enforcement of the law, the identification of transgressors, the prosecution of the accused, and the finding of the guilty, and the correction and treatment of criminal behavior.
buy-bust operation
is also known in legal and police parlance as a form of "entrapment". This simply means that ways and means are resorted to by the police officers in order to catch a law violator as distinguished from "instigation" wherein the police basically induced the person into committing a crime.
Criminal Investigation
is an art, which deals with the identity and the location of the offender and gathers evidence of his guilt in criminal proceedings.
Preliminary Investigation
is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof and should be held for trial.
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.
investigator
is one who is charged with the duty of carrying the objectives of investigation, such as:
Crime Prevention
is simply defined as the elimination or reduction of the desire and/ or opportunity to commit a crime.
Probable cause
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.
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.
purpose of bail
is to secure the appearance of the accused before the court when so required. And of course, to provide the accused of his temporary liberty while awaiting the processing and the disposition of the case filed against him.
criminal justice
may be viewed or defined as the system of law enforcement, adjudication, and correction that is directly involved in the apprehension, prosecution, and control of those charged with criminal offenses
police discretion
means the freedom to make a choice among possible courses of action. It is also defined as the police officer's wise use of wisdom based on his knowledge, education, training, and skill under the given situations or conditions. is observance not of formal or established rules but of informal ones.
crimes mala prohibita
pertains to those acts that have been criminalized for regulatory purposes.
Arrest
refers to the taking of the person into custody in order that he be made to answer for the commission of the crime.
Crimes mala en se
refers to those that are naturally criminal on moral grounds
Rationing
refers to when the police selectively enforce criminal law for various reasons.
Prosecution Pillar
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
Criminal Justice
studies the agencies of social control that handle criminal offenders.
The Sociology of Punishment and Correction
systematically analyzes the procedures and policies that aim to control crimes. This third division focuses on 'society's reaction to law-breaking'.
crime detection
the police are typically the first component of the justice system to deal with the commission of the crime.
premier law enforcement agencies
• The Philippine National Police • The National Bureau of Investigation. • The Bureau of Internal Revenue in cases of tax evasion.