Criminal Justice System
June 4, 2016 | Author: nietsrik | Category: N/A
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CJS...
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Criminal Justice System By: Kirstein Pran P. Pangod, RCrim, LLB
PRE-TEST Get a piece of paper…
Question 01 • A Pillar of the Philippine criminal justice system that controls arrest and booking. A. Corrections B. courts C. Prosecution D. Law Enforcement
Question 02 • A Pillar of the Philippine criminal justice system that controls preliminary investigation and filing of information. A. Corrections B. Courts C. Prosecution D. Law Enforcement
Question 03 • A Pillar of the Philippine criminal justice system that controls arraignment, trial, sentencing, probation, suspended sentence appeal. A. Corrections B. Courts C. Prosecution D. Law Enforcement
Question 04 • A Pillar of the Philippine criminal justice system that controls incarceration in jail, parole, pardon and the serving of sentence. A. Corrections B. Courts C. Prosecution D. Law Enforcement
Question 05 • A Pillar of the Philippine criminal justice system represented by the non-government organizations and peoples organizations that contribute to the prevention of crime and delinquency. A. Prosecution B. court C. Corrections D. Community
Question 06 • An Agency of the Department of Justice whose function involves scientific criminal investigation, arrest of offenders and files complaint with the prosecutors office. A. Bureau of Immigration B. National Bureau if Investigation C. Philippine National Police D. Bureau of Correction
Question 07 • The Territorial Jurisdiction of the NBI is __________________ in scope. A. Regional B. National C. Local D. International
Question 08 • Its Mission is to maintain peace and order in the community through the delivery of prompt investigation of crimes and the prosecution of criminals. A. Philippine National Police B. National Bureau of Investigation C. Philippine Judges Association D. National Prosecution Service
Question 09 • It is the stage at which the prosecutor evaluates the findings of the police to determine if prosecution of the suspect in court is warranted. A. Preliminary Evaluation B. Pre-Trial C. Preliminary Investigation D. Plea Bargaining
Question 10 • Nolle Prosequi, in criminal justice system means
A. Decide to prosecute B. Decide not to prosecute C. File the case D. Plea Bargain for a Reduced Charged
Question 11 • It is the forum where the prosecution is given the opportunity to prove that there is a strong evidence of guilt against the Accused. A. Courts B. Police C. Bar D. Prosecution
Question 12 • Provincial Jails are under the
A. DOJ B. DILG C. DPWH D. DOE
Question 13 • The BJMP is under the
A. DOJ B. DILG C. DPWH D. DOE
Question 14 • It is known as the Witness Protection Security and Benefit Act. A. R.A. 6981 B. R.A. 6975 C. R.A. 8551 D. R.A 9775
Question 15 • A Branch of the Philippine Government responsible for passing laws that define illegal behavior, setting sentences for violation of the laws and appropriating the money for correctional operations. A. Legislative Branch B. Executive Branch C. Judicial Branch D. Administrative Branch
Question 16 • A Branch of Government that approves or vetoes the law passed by the legislators and is responsible for enforcing the laws. A. Legislative Branch B. Executive Branch C. Judicial Branch D. Administrative Branch
Question 17 • A Branch of the Philippine Government that is responsible for interpreting the laws. A. Legislative Branch B. Executive Branch C. Judicial Branch D. Administrative Branch
Question 18 • There are three pillars of the American criminal justice
system. They are the following: A. Police, Prosecution, Courts B. Police, Courts, Community C. Police, Courts, Corrections D. Police, Prosecution, Correction
Question 19 • The First police department in the United States.
A. New York Police Department B. Philadelphia Police Department C. Boston Police Department D. Chicago Police Department
Question 20 • Defendant makes a deal and plead guilty to a lesser crime in return for lesser penalty. A. Preliminary Evaluation B. Pre-Trial C. Preliminary Investigation D. Plea Bargaining
ANSWERS 1. 2. 3. 4. 5. 6. 7.
D C B D D B B
Criminal Justice System -machinery used by the government to prevent and control crime
Five Pillars Five Pillars
1. 2. 3. 4. 5.
Law Enforcement Prosecution Court Corrections Community
American Criminal Justice Syste
• Law Enforcement • Court • Correction
Law Enforcement -
First pillar of the CJS Tasked with the implementation of the laws Protect, enforce, maintain peace and order, prevent crime PNP, NBI, BJMP, BOF, an other institutions concerned with the implementation of laws - Under the executive department
Departments
• Executive • Legislative • Judiciary
Arrest • Taking of a person into custody so that he may answer the accusations against him • General rule: No arrest without warrant – issued by the judge
Valid Warrantless Arrest 1. When, in his presence, the person to be arrested has committed, is actually committing or is attempting to commit an offense; 2. When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person o be arrested has committed it; and 3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
Valid Warrantless Search 1. Search incidental to lawful arrest 2. Search on moving vehicle 3. Plain view search 4. Customs search 5. Waiver 6. Stop-and-frisk 7. Inspection search 8. Border search 9. Consented warrantless search 10. Exigent and emergency circumstances
Prosecution - Tasked to conduct preliminary investigation to determine the existence of probable cause - Files the information before the court with the proper jurisdiction over the case - Preliminary investigation is necessary for offenses punishable by imprisonment of 4-2-1 - Inquest is conducted if offender is arrested without a warrant
Preliminary Investigation • 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.
Inquest Investigation • Informal investigation by prosecution – for arrested without warrant • 18-24-36 – depending on gravity of crime
Court - Determines the guilt of the accused - Under the Department of Justice - Organization SC Court of Appeals Regional Trial Court
Sandigan Bayan Court of Tax Appeal
MTC/ MCTC/ MTCC/ MeTC
Correction -
Regarded as the weakest pillar of the CJS Tasked with the rehabilitation of the offenders Bureau of Corrections –under the DOJ BJMP – under the Executive Department Rehabilitation of youthful offenders – under the DSWD
Community
• Tasked with the further rehabilitation of the offenders after his release
Question 01 • A Pillar of the Philippine criminal justice system that controls arrest and booking. A. Corrections B. courts C. Prosecution D. Law Enforcement
Question 02 • A Pillar of the Philippine criminal justice system that controls preliminary investigation and filing of information. A. Corrections B. Courts C. Prosecution D. Law Enforcement
Question 03 • A Pillar of the Philippine criminal justice system that controls arraignment, trial, sentencing, probation, suspended sentence appeal. A. Corrections B. Courts C. Prosecution D. Law Enforcement
Question 04 • A Pillar of the Philippine criminal justice system that controls incarceration in jail, parole, pardon and the serving of sentence. A. Corrections B. Courts C. Prosecution D. Law Enforcement
Question 05 • A Pillar of the Philippine criminal justice system represented by the non-government organizations and peoples organizations that contribute to the prevention of crime and delinquency. A. Prosecution B. court C. Corrections D. Community
Question 06 • An Agency of the Department of Justice whose function involves scientific criminal investigation, arrest of offenders and files complaint with the prosecutors office. A. Bureau of Immigration B. National Bureau if Investigation C. Philippine National Police D. Bureau of Correction
Question 07 • The Territorial Jurisdiction of the NBI is __________________ in scope. A. Regional B. National C. Local D. International
Question 08 • Its Mission is to maintain peace and order in the community through the delivery of prompt investigation of crimes and the prosecution of criminals. A. Philippine National Police B. National Bureau of Investigation C. Philippine Judges Association D. National Prosecution Service
Question 09 • It is the stage at which the prosecutor evaluates the findings of the police to determine if prosecution of the suspect in court is warranted. A. Preliminary Evaluation B. Pre-Trial C. Preliminary Investigation D. Plea Bargaining
Question 10 • Nolle Prosequi, in criminal justice system means
A. Decide to prosecute B. Decide not to prosecute C. File the case D. Plea Bargain for a Reduced Charged
Question 11 • It is the forum where the prosecution is given the opportunity to prove that there is a strong evidence of guilt against the Accused. A. Courts B. Police C. Bar D. Prosecution
Question 12 • Provincial Jails are under the
A. DOJ B. DILG C. DPWH D. DOE
Question 13 • The BJMP is under the
A. DOJ B. DILG C. DPWH D. DOE
Question 14 • It is known as the Witness Protection Security and Benefit Act. A. R.A. 6981 B. R.A. 6975 C. R.A. 8551 D. R.A 9775
Question 15 • A Branch of the Philippine Government responsible for passing laws that define illegal behavior, setting sentences for violation of the laws and appropriating the money for correctional operations. A. Legislative Branch B. Executive Branch C. Judicial Branch D. Administrative Branch
Question 16 • A Branch of Government that approves or vetoes the law passed by the legislators and is responsible for enforcing the laws. A. Legislative Branch B. Executive Branch C. Judicial Branch D. Administrative Branch
Question 17 • A Branch of the Philippine Government that is responsible for interpreting the laws. A. Legislative Branch B. Executive Branch C. Judicial Branch D. Administrative Branch
Question 18 • There are three pillars of the American criminal justice
system. They are the following: A. Police, Prosecution, Courts B. Police, Courts, Community C. Police, Courts, Corrections D. Police, Prosecution, Correction
Question 19 • The weakest pillar of the Criminal Justice System
A. Law Enforcement B. Correction C. Community D. Court
Question 20 • Defendant makes a deal and plead guilty to a lesser crime in return for lesser penalty. A. Preliminary Evaluation B. Pre-Trial C. Preliminary Investigation D. Plea Bargaining
ANSWERS 1. 2. 3. 4. 5. 6. 7.
D C B D D B B
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