Law Enforcement Flashcards
What is the Criminal Justice System?
A machinery used by society to prevent crime, consisting of several interacting parts.
What are the stages in the Criminal Justice Process?
Arrest, Charging, Adjudication, Corrections.
What is an arrest?
The physical restraint of a person for committing an offense.
What is the difference between a complaint and information?
Complaint: Sworn statement charging a person; Information: Prosecutor’s written accusation filed in court.
Name the 5 pillars of the Criminal Justice System.
Law enforcement, Prosecution, Court, Correction, Community.
Who is the Father of Modern Policing System?
Sir Robert Peel.
What law created the Philippine National Police (PNP)?
RA 6975, amended by RA 8551.
What are the major functions of the police?
Crime prevention, detection, investigation, apprehension, traffic regulation.
List three law enforcement agencies in the Philippines.
PNP, PDEA, NBI.
What is prosecution?
Bringing accusations to court to determine guilt or innocence.
What is preliminary investigation?
Inquiry to determine sufficient grounds for a crime accusation.
What is probable cause?
Facts leading to the belief of guilt.
What is the court’s role in the CJS?
Hear, decide cases, and impose penalties.
What are the classifications of court jurisdiction?
Original, Appellate, Concurrent.
What is the difference between parole and probation?
Parole: Early release; Probation: Supervised freedom instead of jail.
What is correction?
Supervision and rehabilitation of offenders.
Name two types of correctional systems.
Institution-based, Community-based.
What is community involvement in CJS?
Crime detection, prevention, offender reintegration.
What are the goals of criminal sentencing?
Retribution, Deterrence, Incapacitation, Rehabilitation, Reintegration.
What is restorative justice?
Repairing harm through mediation and community involvement.
What is the primary purpose of law enforcement?
Preventing and controlling crime.
What does adjudication mean?
Legal judgment process.
What is a citizen’s arrest?
Citizen’s authority to detain a person committing a crime.
What is arraignment?
Reading of charges to the accused.
What is plea bargaining?
Negotiating for lesser charges or penalties.
What is the function of the prosecution pillar?
Evaluates legal strength of a case.
What is the role of corrections in CJS?
Manages offenders’ custody and rehabilitation.
What is the significance of community participation in CJS?
Enhances justice through public involvement.
What are the different stages of prosecution?
Filing, investigation, arraignment, trial.
What is probation law?
Supervised release after conviction.
What is parole law?
Release after serving minimum sentence.
What is the difference between jail and prison?
Jail: Short-term; Prison: Long-term detention.
What is the purpose of preventive imprisonment?
Detention to prevent escape before trial.
What are mitigating circumstances?
Factors reducing penalty severity.
What are aggravating circumstances?
Factors increasing penalty severity.
What is double jeopardy?
Protection against being tried twice for the same offense.
What are the duties of police officers during an arrest?
Read rights, secure the suspect.
What is an inquest proceeding?
Review of warrantless arrest legality.
What is the purpose of preliminary investigation?
Verify probable cause.
What are the types of bail?
Cash, property, recognizance.
What is the Sandiganbayan?
Court for government corruption cases.
What is the Court of Appeals?
Reviews lower court decisions.
What are the levels of courts in the Philippines?
Supreme, Appeals, Regional, Municipal Courts.
What is the role of the Supreme Court?
Highest judicial authority.
What is custodial investigation?
Detention for questioning after arrest.
What is a search warrant?
Court order for search.
What is a warrant of arrest?
Court order for arrest.
What is the exclusionary rule?
Illegally obtained evidence inadmissibility.
What is the chain of custody rule?
Documentation of evidence handling.
What is the Miranda Doctrine?
Right to remain silent, legal counsel.
What is the difference between a subpoena and a subpoena duces tecum?
Subpoena: Summons; Duces Tecum: Order to bring documents.
What is a motion to quash?
Request to dismiss charges.
What is direct examination?
Initial questioning of witness.
What is cross-examination?
Opposing party questioning.
What is re-direct examination?
Further questioning by calling party.
What is re-cross examination?
Second round by opposing party.
What is the speedy trial act?
Ensures timely trial.
What is the purpose of criminal law?
Maintain social order.
What is restitution?
Returning stolen property.
What is reparation?
Compensating for damages.
What is fine as a penalty?
Monetary penalty.
What is subsidiary imprisonment?
Jail time if unable to pay fine.
What is probation officer’s role?
Monitors probation compliance.
What is the difference between absolute and conditional pardon?
Absolute: Full forgiveness; Conditional: With conditions.
What is commutation of sentence?
Sentence reduction.
What is reprieve?
Punishment delay.
What is amnesty?
Mass pardon.
What is the good conduct time allowance (GCTA)?
Sentence reduction for good behavior.
What is restorative justice approach?
Community-based solutions.
What is victim-offender mediation?
Meetings between victims and offenders.
What is community-based correction?
Probation, community service.
What is the difference between probation and parole?
Probation: Before prison; Parole: After prison.
What is preventive suspension?
Temporary removal from office.
What are the qualifications for probation?
First-time offenders.
What are disqualifications for probation?
Repeat offenders, grave offenses.
What is an appeal?
Request to review a decision.
What is the difference between civil and criminal cases?
Criminal: Punish; Civil: Compensate.
What is the purpose of evidence?
Prove or disprove allegations.
What are the types of evidence?
Oral, documentary, object.
What is hearsay evidence?
Unsubstantiated testimony.
What is circumstantial evidence?
Indirect evidence.
What is testimonial evidence?
Witness statements.
What is documentary evidence?
Written evidence.
What is object evidence?
Physical items.
What is electronic evidence?
Digital records.
What is the role of a witness?
Provide testimony.
What is expert testimony?
Specialist testimony.
What is the role of a public attorney?
Represents indigent clients.
What is legal aid?
Legal assistance for the poor.
What is judicial discretion?
Judge’s decision-making freedom.
What is concurrent jurisdiction?
Shared court authority.
What is exclusive jurisdiction?
Sole court authority.
What is appellate jurisdiction?
Review lower decisions.
What is original jurisdiction?
First hearing of a case.
What is the rule on venue?
Proper location for filing cases.
What is a demurrer to evidence?
Dismiss case due to lack of evidence.
What is judgment?
Final decision of the court.
What is promulgation of judgment?
Reading of judgment.
What is finality of judgment?
When no further appeal is possible.
What is motion for reconsideration?
Request to alter judgment.