CJS as part of the Social Defense System
In the United States, various systems are operating in the entire community
comprising the so-called total social system. These are political, economic,
healthcare, labor, educational, and technological and other systems such as the
criminal justice system. Each system has its separate and independent
functions. CJS is only one of the many systems under the total social system in
the United States. Because of the influence of the American criminal
jurisprudence, our CJS is largely similar with the US criminal justice system. The
CJS is part of the public safety system under the many systems of social defense
in the Philippines. The CJS as part of the total social system operates by
addressing the criminality and lawlessness in the country.
CJS AS A CONTROL MECHANISM
CJS serves as the system or machinery by which the government enforces
the law, rules of conduct necessary to protect life and property and ensure public
safety. These various agencies that comprise the CJS are called the control
agencies. The maintenance of peace and order is entrusted to these control
agencies to protect the society from the damaging effect of criminality. It is
comprised of the police and various law enforcement agencies, the prosecution
including the public and private lawyers, the judiciary, the correctional institution
and the community.
US CJS and Philippine CJS
In the United States, the CJS is made up of 3 key components which are
the police, courts and corrections. The police initiates the criminal justice process
by the arrest of the criminal. The court conducts the trial and impose the penalty
if found guilty. The criminal is confined to the prison or corrections not for the
punishment but for treatment and rehabilitation. CJS therefore, is a process of
linking its three components together so as to maintain law and order in the
community.
Philippine CJS on the other hand is an influence of the US criminal justice
system. The difference lies on the fact that the Philippines have introduced
innovations for a new CJS model. It added two (2) additional pillars and these are
the prosecutions and community which gave rise to the Five Pillars of the
Criminal Justice System.
The prosecution pillar was supplementary in the Philippine CJS because of
its responsibility and vital role in the criminal justice process. The Philippines has
recognized the importance and distinct power of the prosecution to conduct
preliminary investigation as it presents the government’s case in all criminal
proceedings in the name of the People of the Philippines.
The community pillar, as a separate and distinct pillar of the Philippine CJS
was given credit in this model as the informal part of the system since it is an
indispensable key player in the attainment of a lasting peace and order being the
main stakeholder in the political mainstream. The community has been regarded
as the fifth pillar, though informal, yet the largest component in the CJS.
CRIME: Reason for a Criminal Justice System
The CJS function mainly because of crime for the purpose of its prevention
and control. Criminology is the study of the non-legal aspect of crime. The
common understanding of crime is any anti-social act punishable by the law of
the land. Criminal law has defined crime as an act committed or omitted in
violation of public law forbidding or commanding it. Crimes from the legal context
are acts in violation of the criminal laws: it may also be defined as an act or
omissions punishable by law. As a behavioral maladjustment, crimes are acts
which are considered undesirable, or acts which do not conform with the
accepted norms of conduct of society.
Crime affects the national security- peace and order is a condition to progress
and development. There can be no progress when there are chaos and
disorders. Criminality thrives when economy is growing. Crime rate is high in
urban cities where business and commerce operates.
The economy suffers when crime and criminality are not effectively
addressed and prevented.
Crime also affects political structure. The need to address crime and criminality is
the primary consideration of the political leadership. Entire government resources
have been mobilized to address the crime situation.
Crime affects development administration- the thrusts and efforts of the
government are concern towards attaining political and economic stability.
Crime obstructs and delays government efforts to deliver basic social services
such as provisions on water and electricity, health care, etc. The government
must ensure that social services must be pursued to ensure total development of
the country.
FUNCTIONS OF THE CRIMINAL JUSTICE SYSTEM
1. To prevent and control the commission of crime
2. To enforce the law and ensure its implementation
3. To safeguard live, individual rights and properties
4. To investigate, apprehend, prosecute and sentence those who violate the
rules of the society;
5. To treat and rehabilitate convicts and reintegrate them into the community as
law abiding citizen.
CRIMINAL- is the principal character of the criminal justice system process,
which links the components together. The criminal has been regarded as the
most pampered element of the system due to the notions that he has more legal
and constitutional rights than the victim.
Who are the criminals? Legally speaking, a person may be labeled or considered
as criminal if he has committed a crime and have been found guilty thereof by a
court in the course of judicial proceedings following the observance of due
process requirements of law including respect for a person’s rights and human
dignity.
FACTORS THAT AFFECTS THE EFFECTIVENESS OF THE CJS
The dispensation of justice in the community is greatly dependent on the
effectiveness and efficiency of the CJS. Any malfunctions of the system will affect
the entire system as they are integral part of the government machinery and thus
accountable to the people. These are the following factors:
Lack of equipment and facilities
Inadequate manpower
Politics
Public apathy or indifference of people
Graft and corruption
Negative media
