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Overview of Criminal Justice System Lecture

Sep 28, 2024

Notes on Introduction to Criminal Justice System Lecture

Opening Prayer

  • Pasasalamat sa Diyos para sa araw at kaalaman.
  • Humihiling ng makalangit na kaalaman at lakas.

Introduction

  • Good morning to all attendees from Luzon, Visayas, and Mindanao.
  • Overview of the discussion on the Introduction to Criminal Justice System.
  • Alignment with the latest table of specifications (TOS).

B. Queno Book Promotion

  • Compilation of review materials from six major areas.
  • Encouragement for students (1st to 4th year) to procure the book early.
  • Contains question and answer portion from previous exams.
  • A portion of proceeds will go to dialysis patients in Negros Oriental.

Criminal Justice System (CJS)

Definition

  • CJS is a system involving various agencies working together for the prevention and suppression of crime.
  • Includes PNP, NBI, judiciary, and other agencies.
  • Functions as the machinery of government to enforce laws and maintain peace.

Functions of CJS

  • Prevent and control criminal activities.
  • Enforce laws.
  • Maintain order and protect life and property.

Five Pillars of CJS

  1. Law Enforcement

    • Frontline in crime prevention and control.
    • Responsible for arrest, investigation, and prosecution assistance.
  2. Prosecution

    • Handles the legal proceedings against offenders.
  3. Courts

    • Adjudicates cases and ensures justice.
  4. Corrections

    • Focus on rehabilitation of offenders.
  5. Community

    • Involvement of the community in maintaining public safety.

Law Enforcement Details

  • PNP (Philippine National Police) under DILG.
  • NBI (National Bureau of Investigation) under DOJ.
  • PDEA (Philippine Drug Enforcement Agency) under DDB.
  • Differences between PNP and NBI explained:
    • PNP is the primary local enforcement agency, while NBI handles more serious or sensational cases.

History of PNP

  • Originated from Act No. 175, renamed through various acts.
  • Established under Republic Act 6975.
  • PNP is national in scope and civilian in character.
  • Reorganized under Republic Act 8551 in 1998 and updated by Republic Act 9708.

Powers and Functions of PNP

  • Enforces laws, maintains order, investigates crimes, and makes arrests.

Arrest Procedures

  • Arrest Definition: Taking a person into custody.
  • Two modes of arrest: warranted and warrantless (citizen's arrest).
  • Probable Cause: Necessary for issuing a warrant.
  • Arrest must be executed within 10 days of receipt of the warrant.

Execution of Arrest Warrant

  • Steps for executing a warrant include verifying validity, introducing oneself, and informing the suspect of their rights.
  • Miranda Rights: Right to remain silent, right to an attorney, right to be informed of the accusation.

Warrantless Arrest

  • Grounds for warrantless arrest include:
    1. In flagrante delicto (caught in the act).
    2. Hot pursuit (immediate and urgent scenarios).
    3. Escape prisoners.

Custodial Investigation

  • Process of questioning a suspect in custody; Miranda rights must be upheld.

Legal Implications of Violating Rights

  • Penalties for not informing a suspect about their rights during custodial investigation.
  • Importance of compliance with Republic Act 7438.

Search Procedures

  • Definition of search infringement and the requirement of a search warrant.
  • Procedures for conducting a search with a warrant, including knock and announce rule.
  • Evidence obtained from illegal searches is inadmissible in court (fruits of the poisonous tree).

Conclusion

  • Session concluded with a promise to continue discussing the remaining pillars of CJS in the next episode.
  • Gratitude expressed to attendees.