INTRODUCTION TO CRIMINAL

JUSTICE SYSTEM
General Objectives
At the end of this module, the students should be able to:
1. To know the principles of the criminal justice system;
2. Understand the concepts and philosophies of police
service;
3. Familiarize on the process of prosecution Pillar in the
administration of justice;
4. Recognize the role and procedures of the court pillar in
the administration of justice in the Philippines.

Professor: Oscar G. Abuan, Ph.D. Crim

Lesson 1.
HISTORICAL DEVELOPMENT AND PRINCIPLES OF
CRIMINAL JUSTICE

THE EARLY CODES

 In the prehistoric times, there were no written laws to regulate

human conduct. However, men still found ways to avenge

themselves from harm and injury caused by another. They
designed their own system of justice of justice according to what
they believed was right and fair based on their way of life beliefs
and the norms of their times.
 However, as civilizations continued to develop, so did their laws

and justice system. It was discovered that some ancient

civilizations already had written laws and a form of criminal
justice system during their time. Some of which are the following:
1. CODE OF HAMMURABI

• The Code of Hammurabi is believed to be the

earliest written code of punishment and
Hammurabi, the king of Babylon during the
eighteenth-century BC, is recognized as the
First Codifier of Laws. It was believed that it
was during his reign that the code was created,
thus, it was renamed after him. This code
which carved in stone, provided the first
comprehensive view of the laws during his
time.
• The provisions of the Code were premised on the
law of talion or the principle of d“an eye for an eye”
a tooth for a tooth”. Under the principle of the lex
talionis or law of talion, tit for tat or the law of equal
retaliation, the punishment should be the same as the
harm inflicted on the victim.
2. THE HITTITES

• The hittites existed about two

centuries after the reign of
Hammurabi and they
eventually conquered Babylon.
• The law of the Hittites may
also be characterized as brutal,
just like the Code of
Hammurabi, because they used
death as punishment for many
offenses.
3. DEUTERONOMY OR THE MOSAIC CODE
 This is the fifth book in the Bible and it contains the basis

of Jewish laws. It is believed that it was made by Moses.

 These laws were in the form of a covenant between God

and the people of Israel, given to Moses on the

mountains. They begin with the Ten Commandments and
go on to statutes and ordinances that God commanded
Moses to teach people.
 Collectively, the first five books of the Old Testament are

what referred to as the Law of Moses or the Mosaic

Code, from the name of Moses.
 The first five books contain the Ten Commandments

which are considered the foundation of law systems

throughout much of the Western World.
4. THE CODE OF DRACO
• The Code of Draco is considered to be
first written law of the Greek civilization.
• 621 BC, Draco appointed to codify the
laws
• This was codified by Draco, an Athenian
lawgiver who is considered the first
legislator of Athens, in the seventh
century BC
• This code is known for having severe
penalties.
5. The Code of Solon

• Solon, also an Athenian, was

appointed archon and was given
legislative powers during his time,
he repealed almost all the laws of
the Code of Draco and created laws
that provided just punishments.
• Solo had a great impact in the
history of law-making that now the
term “solon” is used to refer to a
member of Senate or House of
Representatives.
6. Rome’s Twelve Tables
 Roman law began with the Twelve Tables which were written

in the middle of the sixth century BC. It was written in tables

of bronze and it became the foundation of all laws in Rome.
 These tables formed set of laws that created the
foundation of Roman law and played a significant role
in shaping the legal institutions of the Roman Republic.
While the specific penalties from the Twelve Tables are
not always explicitly outlined, some examples and
principles can be inferred.
The Three branches of Government
The Philippines is a republic with a presidential form of
government wherein power is equally divided among its three
branches: executive, legislative, and judicial.
1. Legislative
2. Executive
3. Judiciary
Legislative Department
The Legislative Branch enacts legislation, confirms or
rejects Presidential appointments, and has the authority to declare
war. This branch includes Congress (the Senate and House of
Representatives) and several agencies that provide support
services to Congress.
 Senate – The Senate shall be composed of twenty-four Senators who
shall be elected at large by the qualified voters of the Philippines, as may
be provided by law.
 House of Representatives – The House of Representatives shall be

composed of not more than two hundred and fifty members, unless
otherwise fixed by law, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan Manila
area in accordance with the number of their respective inhabitants, and on
the basis of a uniform and progressive ratio, and those who, as provided
by law, shall be elected through a party-list system of registered national,
regional, and sectoral parties or organizations.
The party-list representatives shall constitute twenty per cent of the total
number of representatives including those under the party list. For three
consecutive terms after the ratification of this Constitution, one-half of the
seats allocated to party-list representatives shall be filled, as provided by
law, by selection or election from the labor, peasant, urban poor, indigenous
cultural communities, women, youth, and such other sectors as may be
provided by law, except the religious sector.
Executive Department
The executive branch carries out and enforces laws. It includes
the President, Vice President, the Cabinet, executive departments,
independent agencies, and other boards, commissions, and committees.
Key roles of the executive branch include:
President – The President leads the country. He/she is the head
of state, leader of the national government, and Commander in Chief
of all armed forces of the Philippines. The President serves a six-year
term and cannot be re-elected.
Vice President – The Vice President supports the President. If
the President is unable to serve, the Vice President becomes President.
He/she serves a six-year term.
The Cabinet – Cabinet members serve as advisors to the
President. They include the Vice President and the heads of executive
departments. Cabinet members are nominated by the President and
must be confirmed by the Commission of Appointments.
Judicial Department
The judicial branch interprets the meaning of laws, applies laws
to individual cases, and decides if laws violate the Constitution.
The judicial power shall be vested in one Supreme Court and in
such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not
there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or instrumentality
of the Government. The judicial branch interprets the meaning of
laws, applies laws to individual cases, and decides if laws violate
the Constitution.
What is Criminal Justice System?
 Comprise all the means used to enforce those standards of
conduct which are deemed necessary to protect individuals
and to maintain general community well-being.
 The sum total of instrumentation which a society uses in the
prevention and control of crime and delinquency.
 The machinery of the state or government which enforces
the rules of conduct necessary to protect life and property
and to maintain peace and order.
 Criminal Justice System is a tool or machinery used by the
society to prevent, control, and suppress the commission of
the crime and provide and maintain justice.
The Philippine Criminal Justice System

Five Pillars Stages/Process Different Nomenclatures

1. Law Enforcement Arrest Suspect

2. Prosecution Charging Respondent

3. Court Adjudication Accused

4. Corrections Sentencing Convict

5. Community Corrections Criminal

 The Philippine Criminal Justice Process
(https://probation.gov.ph/philippine-criminal-justice-process/)
Philippine Criminal Justice System Setting:
a. The Law Enforcement, particularly the Philippine National Police (PNP) is
under the Department of the Interior and Local Government (DILG); while the
National Bureau of Investigation is an agency attached to the Department of
Justice (DOJ).
b. The Prosecution Service is under the DOJ, while the OMBUDSMAN is a
Constitutional body independent from even the three major and co-equal branch
of the government;
c. The Courts, meaning the regular civil courts, including the
SANDIGANBAYAN and Special Criminal Courts, are under the Supervision and
control of Supreme Courts. Although, judges of the Municipal Trial Courts,
Municipal Circuit Trial Courts, at times are tasked to perform executive functions
when they are conducting Preliminary Investigation which is primarily an
Executive function.
d. The Correctional Institutions are either under the DOJ or DILG.
 The Bureau of Prison or the National Penitentiary is under the DOJ;

 By virtue of RA 6975, the Bureau of Jail Management and Penology (BJMP)

is in charge of the City or Municipal Jails while the Provincial government is

in charge of the Provincial jails. Both are under the DILG.
Purposes or Goals of Criminal Justice System
1. Primary Goals
 Maintenance of peace and order
 Protect members of the society
2. Secondary Goals or Sub-Goals
 Prevention of crime
 The review of the legality of preventive and suppressive measures.
 The judicial determination of guilt or innocent of those apprehended.
 The proper disposition of those who have been legally found guilty.
 The correction by socially approved means of the behavior of those
who violate the criminal law.
 The suppression of criminal conduct by apprehending offenders for
whom prevention is ineffective.
Three Pillars of the American Criminal Justice System
 Law Enforcement
 Courts
 Corrections
Criminal Law and the Criminal Justice System
 Basis of the Criminal Justice System
1. Criminal Law is the basis that takes place in the
Criminal Justice System.
2. Only violations of Criminal Law are being
considered and processed in the Criminal Justice
System. Where no violation of Criminal Law
or where no commission of the crime, in
general, Criminal Justice as a process will not
operate.
Criminal Law
 Branch of public which defines crimes, treats of their
nature, and provides for their punishment.

 Two Classification of Criminal Law

a. Substantive
Defines the elements that are necessary for an act to
constitute as a crime and therefore
punishable.

b. Procedural
Refers to a statute that provides procedures
appropriate for the enforcement of the Substantive
Criminal Law.
Two Basic Principles of Criminal Law in the Administration
of the Criminal Justice System in the Philippines

1. First is the “presumption of innocence”. This means that

those who are accused of crimes are considered innocent
until proven guilty. The accused is entitled to all the rights
of the citizens until the accused’s guilt has been determined
by the court of law or by the accused’s acknowledgment of
his guilt that he or she indeed committed the crime.

2. The second principle is “the burden of proof” which in

criminal cases means that the government must prove
beyond “reasonable doubt” that the suspect committed the
crime
Concept of the Principle of the Presumption of Innocence
No less than the Constitution of the Philippines provides that an
accused shall be presumed innocent until proven guilty.
Article III Bill of Rights of the 1987 Philippine Constitution Section 14.
1. No person shall be held to answer for a criminal offense without due
process of law..
2. In all criminal prosecutions, the accused shall be presumed innocent
until the contrary is proved

Concept of Proof beyond Reasonable Doubt

In order to make sure that only those who are guilty of the crime
as punished, our Rules on Evidence provides that the evidence, in order
to be sufficient to convict an accused for a criminal act, proof beyond
reasonable doubt is necessary. Unless his guilt is shown beyond
reasonable doubt, he is entitled to an acquittal.
Meaning of Proof beyond Reasonable Doubt
Proof beyond reasonable doubt does not mean such a degree of proof
as, excluding the possibility of error, produces absolute certainty. Moral certainty is
only required, or that degree of proof which produces conviction in an
unprejudiced mind.

Criminal in Relation to Criminal Justice System

The criminal is the main character of the Criminal Justice System.

Criminal may be defined in three different views:

1. In Criminological sense, a person may be considered as a criminal from the
time he or she committed the crime regardless whether or not it has been reported
to the Police for investigation.
2. In legal sense, a person may be considered a criminal only upon undergoing the
judicial process and upon determination by the Court that he or she is guilty
beyond reasonable doubt.
3. In Criminal Justice sense, a criminal may be defined as one who has
undergone the process and went through all the pillars of the Criminal Justice
System.