CHAP 1 Flashcards
-is where the convicted person is going to serve their sentence inside the institution (jail, prison and colonies)
INSTITUTIONAL CORRECTION
-is where the convicted person is going to serve their sentence outside the institution
NON- INSTITUTIONAL CORRECTION
☆ a.k.a “Community based treatment”
NON- INSTITUTIONAL CORRECTION
This was by the virtue of the Commission on Higher Education/ CHED Memorandum Order No. 21, Series 5
NON- INSTITUTIONAL CORRECTION
-refers to the system used by government to maintain social control, prevents crime, enforce the laws and administer justice
CRIMINAL JUSTICE SYSTEM (CJS)
5 PILLARS OF THE CRIMINAL JUSTICE SYSTEM
- LAW ENFORCEMENT
- PROSECUTION
- COURT
- CORRECTION
- COMMUNITY
consist mainly of the personnel or officers of the PNP, NBI, PDEA, Anti-money laundering council, AFP and other related agencies
LAW ENFORCEMENT
a.k.a “Core front, Initiator, Frontline defender, Prime mover”
LAW ENFORCEMENT
☆ proceeding or inquiry that determine whether there is a sufficient ground to endanger a well-founded belief that a crime has been committed and the respondent is guilty thereof and should be held for trial
PROSECUTION
☆ composed of the city, provincial, regional state prosecutors and they are the prosecutors of the Ombudsman
PROSECUTION
☆ their principle task is the investigation of criminal complaint or complaints emanating the community and the law enforcement agencies
PROSECUTION
☆ they conduct Preliminary Investigation of cases filed in the Prosecutor’s Office to determine the existence of the probable cause
PROSECUTION
Quantum of evidence required to conduct Preliminary Investigation is
Probable Cause
reasonable ground of presumption that a matter or well-founded such as the state of facts in the mind of the Prosecutor as would lead to a person of an ordinary caution and prudence to believe of entertain an honest or strong suspicion
PROBABLE CAUSE
Prosecutors or Fiscals are the evaluator of the Police findings, they are called as the
Lawyers of the State
☆ they adjudicate cases and render judgment
COURT
☆ its goal is not just to adjudicate cases but rather to do so in accordance with the rule of law and without sacrificing the quality of justice
COURT
☆ a.k.a. “Corner stone, Arbiter of Justice, Center piece, Dispense of Justice”
COURT
☆classified into two: Institutional and Non-institutional Corrections
CORRECTION
❀ this is influence by the Positivist Theory therefore their goal is to rehabilitate and reform offenders and the cornerstone is education, that is intended to correct or educate the offender
CORRECTION
☆ it is not limited to persons only, includes the home, church, family, government and community
COMMUNITY
☆ a.k.a “Core and Base pillar of CJS”
COMMUNITY
☆ where the convicted offenders will be reintegrated after passing through the correction component as by rendering the full service of the term of imprisonment imposed on them, they will go back to the community either they will live as a normal citizen or law-abiding citizens
COMMUNITY
- A pillar of Criminal Justice System, as also as a process, as the fourth pillar of the components of our criminal justice system that are concern with the custody, provision and are in charge with reforming and rehabilitating offenders.
CORRECTION
- It is also known as the weakest pillar among the pillars of criminal justice system because of its failure to reform and rehabilitate offenders.
CORRECTION
of Criminal Justice System concerned with the custody, supervision and rehabilitation of criminal offenders
CORRECTION AS A PILLAR
☆ it is considers as the “WEAKEST PILLAR” bc of it’s failure to reform and rehabilitate offenders, this is due to the assumption na ang correctional institution na they cannot rehabilitate an offenders which is manifested to the increase of criminality and recidivism
CORRECTION
-refers to the reorientation of the criminal offender to prevent him or her from repeating his deviant or delinquent actions without the necessity of taking punitive actions but rather the introduction of individual measures of reformation
CORRECTION AS A PROCESS
THEORIES IN CORRECTION
- CLASSICAL THEORY
- NEO-CLASSICAL THEORY
- POSITIVIST THEORY
- ECLECTIC THEORY
☆ states that men have the absolute free will to choose between good and evil, so they are liable for the consequences of their acts.
CLASSICAL THEORY
☆ a.k.a “Freewill theory” that was advocated by Cesare Beccaria
CLASSICAL THEORY
believe that people have intelligence, they have their rational mind to differentiate what is right from wrong, therefore, they assumed that people have freewill to choose between right or wrong
CLASSICAL THEORY
☆ if a person committed a crime, she is responsible for the consequences, regardless of the circumstances she will get from the actions whether she is a child, old, or insane, you are liable to your actions
CLASSICAL THEORY
– Father of Classical Theory
CESARE BECCARIA
- Father of Modern Criminology and important person
CESARE LOMBROSO
- ability of individual to make decisions freely
Freewill
If the amount of pain is higher than the amount of pleasure, they will not commit crimes. If the amount of pleasure is higher than the amount of pain, they will commit crimes. Their future actions depends on the
RATIONAL CALCULATOR
they use punishment to deter people from committing crime, the purpose of punishment is RETRIBUTION
CLASSICAL THEORY
(act of vengeance or revenge)
RETRIBUTION
ARGUMENTS IN CLASSICAL THEORY
- UNFAIR
- UNJUST
- THE NATURE AND DEFINITIONS OF PUNISHMENT IS NOT INDIVIDUALIZED
- IT FOCUS ON THE CRIME ITSELF, NOT ON THE CRIMINAL
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NEO
☆ states that since insane and minors do not know the consequences of their acts, they must not be liable for the crimes they may committed.
NEO-CLASSICAL THEORY
☆ they believe that there are factors or situations which might affect a persons freewill (pathology, insanity, incompetence, and other conditions) instead of punishing them, they should be exempted or mitigated
NEO-CLASSICAL THEORY
this system recognized that children cannot exercised their freewill entirely. Children have limited experiences, their capacities are continuously evolving. They cannot differentiate right and wrong.
Juvenile Justice System
☆ states that criminals shall be treated like patients in the hospitals, instead of punishing them.
POSITIVIST THEORY
☆ a.k.a “Italian Theory” bc it composes Italian makers who is Cesare Lombroso
POSITIVIST THEORY