Gapan City College

College of Criminal Justice Education

Subject: Criminal Justice System Year: 1st year BS Criminology

Instructor: Prof. Ryan Dave G. Galang College of CCJE

Lecture No 1
(Overview of Criminal Justice System)

Objectives:
After reading this segment students should have understanding of the following topics:

-JUSTICE: The Bottom line

-POSITIVE LAW THEORY
-SOCIAL GOOD THEORY
-NATURAL RIGHT THEORY
-SUBSTANTIVE and PROCEDURAL JUSTICE
-LAW: Instrument for Justice
-The Criminal Justice System
-CJS as a System
-CJS as a Process
-Stages of the Criminal Justice Process
-The CJS: Control Mechanism
-The Collaborative Efforts of the CJS
-The Workings of CJS in the Philippines
-Collective Functions of the CJS
-Basic Functions among the Pillars in the CJS
-CJS Administration: Issues and Concerns
-Interplay of Functions in the Formal CJS Process
 JUSTICE: (The Bottom line)

JUSTICE is a social norm providing guidance for people in their dealings with one another; as a
standard against which actions are evaluated: and as a prescription for requirement that
people act justly (Bird)

The criminal justice system is intended to deal with crime. It is expected to do so by applying
the law and producing results that approximate justice. Indeed, justice is the primary output
of the system and the bottom line of the process.

Daniel Webster, an American statesman stated that justice is the chiefest interest of man on
earth. Yet justice remains a matter of dispute in philosophy, ethics and jurisprudence. It is
significant that each of the four words used most in the science of law, namely, Justice,
Rights, Law and Morals, words for ideas at the very foundation of that scheme, are words
upon whose meaning scholars have not been and are not now able to agree.

There are several Schools of Thoughts about justice:

POSITIVE LAW THEORY

Justice is a creature of law made by men, or what is called POSITIVE LAW. No justice exists
apart from what law creates or mandates, there is no independent or abstract standard
against which the actions of people or man made law itself can be judged. Thus, to speak of
the injustice of any law is nonsense. Actions are unjust if they violate or are contradictory to
the law, and JUSTICE is SERVED BY ADHERING TO THE LAW.

SOCIAL GOOD THEORY

The so-called social good school of thought is very broad and contains philosophers who
disagree on many points. But they agree that JUSTICE is more than what one finds in positive
law, that there are standards or concepts ofwhat is in the best interests of society, and that
man made laws can be judged against these standards or concepts and found lacking. These
thinkers do not look to metaphysical or divine sources, however, for these standards. Nor do
they hold these standards or concepts universal-that is, true for all time and in all societies
and circumstances. They argue that PRINCIPLES of WHAT is RIGHT and JUST may CHANGE as
social conditions and needs change and vary from society to society. But in social good theory
JUSTICE, while somewhat flexible, is an objective standard: that which serves the general or
social good. Thus in this view justice commands the allegiance and efforts of all those
interested in social peace, order and progress.
NATURAL RIGHT THEORY

This holds that a natural law exists that governs the affairs of men as much as it does the
phenomena of the physical universe. This law may be divine in origin, as Aquinas and
Augustine insist, but divine or not it is UNIVERSAL in application.

While natural right philosophers agree that natural law exists, they disagree on what it says
or requires. One philosopher points out that the basic split is between two groups: those who
hold that individuals have natural rights that precede and are superior to the interests of
society or the state, and those who hold that human beings mean nothing apart from their
social and political role in organized society. To natural rights theorists, JUSTICE can be
summarized by this rule: RENDER TO EACH HIS RIGHT- OR DUE. This expression should be
familiar since it is the predominant theme sounded by writer and legal scholars. The problem
is, of course, to decide what is each person's right or due. Once that feat is accomplished one
is called upon to construct a system of government and laws that will come close to realizing
the ideal.

SUBSTANTIVE and PROCEDURAL JUSTICE

SUBSTANTIVE JUSTICE is that which is concerned with HOW BEST to ALLOCATE, DISTRIBUTE,
and PROTECT the SUBSTANTIVE VALUES of SOCIETY. These values include power, wealth,
status, order, peace, and whatever other "goods" a society cherishes. In the area of criminal
justice, the substantive issues concern, which BEHAVIORS are to BE MADE CRIMINAL
VIOLATIONS and what SANCTIONS the law should provide for dealing with those who commit
crimes.

PROCEDURAL JUSTICE is that which is concerned with HOW THE LAW IS ADMINISTERED- in
other words, what MECHANISMS or PROCESSES are used applying the LAW and MAKING
DECISIONS in specific cases. In criminal justice, the term refers to HOW offenders are brought
before the bar justice and the PROCEDURES used in gathering and presenting evidence,
determining the guilt or innocence of the accused, and deciding on the sentence to be
imposed on those convicted.
 Issues of Substantive Justice

As far as criminal justice is concerned, several basic questions arise in dealing with the
substantive side. These questions fall into two categories:

THOSE THAT DEAL WITH WHAT ACTS SHOULD BE CRIMINAL?

THOSE THAT DEAL WITH WHAT SANCTIONS SHOULD BE IMPOSED ON OFFENDERS.

On Crimes:

What behavior is threatening enough to society or to the well being of citizens to be

prohibited by criminal law?

Should only acts that have direct victims who are obviously harmed be deemed criminal?

Should criminal law also prohibits actions that victimize people indirectly or that victimizes
groups or classes of people rather than individuals? or that

Should criminal law extend to acts that appear to be "VICTIMLESS" participants alone? or
cause harm to the

Should crimes include behaviors that are considered immoral or sinful even though any harm
is difficult to detect?

This series of questions obviously points to the debates about so-called VICTIMLESS CRIMES
such as gambling and prostitution.

On Sanctions:

What sanctions are proper and appropriate for each type of criminal behavior? Should the
purpose of the sanctions be to punish the offender on behalf of the victims, thus, serving the
goal of RETRIBUTION?

Should the penalties seek only to incapacitate the offender and "keep them off the streets",
at least for a period of time?

Should the penalty seek to deter others from committing the same or similar offenses by
making examples of those who are caught?

Should the system seek to alter the attitudes and lives of offenders so that they will not
desire to commit further criminal acts?
Should the system treat all those who commit the same act or similar acts in a similar
manner?

Issues of Procedural Justice:

The procedural aspects of justice include at least the three following issues:

How is the burden of proof distributed in a case? Is the accused treated as innocent until
proven guilty?

What specific rights of the defendant are protected and how are they protected at each step
of the criminal process?

Is a society redeemed if it provides massive safeguard for accused persons, including pretrial
freedom for most crimes, defense lawyers at public expense, trials and appeals, retrials and
more appeals almost without end and yet fails to provide elementary protection for its
decent law abiding citizens? (CJ Warren Burger).

LAW: Instrument for Justice

Law is a major input to the criminal justice system. Law is society's primary instrument for
making known what acts are crimes and what sanctions may be applied to those who commit
acts defined as crimes.

Nature of Law

Not all law is criminal law, but in the beginning, all laws had its origin in a common purpose.
Hazel Kerper identifies this purpose as "THE NEED FOR SOCIAL CONTROL WHICH COMES
ABOUT WHENEVER MEN BEGIN TO LIVE TOGETHER IN GROUPS." SOCIAL CONTROL means
used in a society to maintain itself as a coherent and functioning

Law (definition) that method of SOCIAL CONTROL that is formally ENACTED or

PROMULGATED by the agency or agencies of GOVERNMENT duly AUTHORIZED in that society
to make law and that is subject to interpretation by and through the COURTS.
 Forms of Law (distinct sources of law and legal principles)

1. Common Law - known in other countries as the body of principles, practices, usages and
rules of action.

2. Statutory Law a legislated law; or law made by legislatures

3. Case Law - law made by justices in cases decided in the appellate courts especially by the
Supreme Court

Types of Law

1. Civil Law law which has something to do with such things as CONTRACTS, WILLS,
INHERITANCES, MARRIAGE, PROPERTY, DIVORCE, ADOPTION and the like, and with PRIVATE
INJURIES which are called "TORTS"

2. Criminal Law is that branch or division of law which DEFINES CRIMES, TREATS of their
NATURE and PROVIDES for their PUNISHMENT.

Criminal law has two distinct elements of which set it apart from other laws:

a. Its MAJOR PURPOSE or FUNCTION - is the preservation of social order in the society. Civil
Law is concern with the protection of individuals or private parties from other persons.

b. SANCTIONS - referred to as "satisfactions to the public", which are imposed on the person
by the State.

The old cliché is that a person convicted 'pays his debt to society'. In other words, society or
the community as a whole exacts its satisfaction from the violator. This approach contrasts
with that of civil law, which requires the violator to make RESTITUTION directly to the party
who was injured.

Characteristics of Criminal Law as to its distinction from other laws

1. Specific purpose of protecting and preserving social order and community values.

2. The provision that duly authorized government agencies will initiate the pursuit of legal
action against persons accused of violations.

3. The provision that sanctions will consist of punishment by or restitution to the state or
community Criminal law thus creates corresponding demands and constraints upon the
criminal justice system.
 The Criminal Justice System

Criminal Justice Systems throughout the world vary considerably. The Philippine Criminal
Justice System is distinct and unique compared to other countries. But all criminal justice
systems face common problems. They must decide what acts should be considered as crimes,
on what punishment should be imposed on specific criminal acts, and the procedures to be
followed in dispensing justice.

Criminal Justice System or simply CJS is the system in the community charged with direct
responsibility for the prevention, reduction and control of crime. It is widely look upon as the
conglomeration of government agencies involved in the law enforcement, prosecution,
defense, adjudication, punishment and rehabilitation of all the means to enforce those
standards of conduct, which are deemed necessary to protect individual and to maintain
general community well being. CJS creates the laws governing social behavior, attempts to
prevent violation of the laws, apprehends violators and judges punishes those who violate
them.

CJS operates by linking the police, prosecuting agencies, courts, correctional institutions, and
the mobilized community to form an operational cycle designed to promote justice for
criminal victims as well as those who are accused and convicted of crimes. The first four
pillars - law enforcement, prosecution, courts, and corrections - pertain to the government
agencies vested with official responsibility in dealing with crime prevention and control. The
community pillar has the broadest jurisdiction. Under the concept of the participative
criminal justice system in the Philippines, government agencies, agencies in the private
sector, non-government organizations, and ordinary citizens, become a part of the CJS upon
involvement in issues and activities related to crime prevention and control.

Essentially, CJS is "the system or process in the community by which crimes are investigated,
and the persons suspected thereof are taken into custody, prosecuted in court, and punished
if found guilty, provision being made for their correction and rehabilitation." (Handbook on
the Courts and the CJS, by Chief Justice Andres Narvasa, 1996, p27)

CJS as a System

As a system, the Criminal Justice System is the machinery whic society uses in the prevention
of crime. The process is the totality of the activities of law enforcers, prosecutors, defense
lawyers, judges and correction personnel, as well as those efforts of the mobilized community
in crime prevention and control. (Primer on PCJS, National Police Commission, pl)
A system is one which consists of parts that interacts with each other to produce some
results, serve some or meet some objectives. Each part of the system are expected to
perform their responsibilities for the attainment of their common goals and objectives. It also
has the following characteristics:

1. Systems have identifiable components - there are parts or elements, structures that
perform certain function that contribute to the functioning of the system. The components of
the Criminal Justice System are often called the Pillars of the Criminal Justice System.

2. Each system constitutes an identifiable whole - this means that we can distinguish one
system from another. Each has its function to perform within the system.

3. The system's components are interdependent - the elements of a system affect each other
and depend on each other. One element cannot function without input from another.
Although the parts or components are independent from each other, they serve a common
goal.

4. Each system operates within an environment - an environment consists of any element

outside the system's boundary. All other systems in our society outside the Criminal Justice
System are part of its environment. These may include the political system and economic
system prevailing in our society.

Inputs and Outputs

The CJS and its are rigid and static but both are moving, acting, and interacting. The action
can be seen as flow, and this flow can be expressed in terms of inputs, outputs and feedback.
INPUTS furnish the moving force for decisions made within the system. OUTPUTS flow from
the CJS and have an impact on society and the political system. The impact of a system's
output on subsequent input is called FEEDBACK.

Anything that may influence the system through inputs is considered as part of the
environment. For every system there are INPUTS into its decision-making area. They keep the
system going as they flow into it from the environment. There are two types of inputs:

a. DEMANDS - that is, what is wanted or expected from the system. These inputs will help the
Criminal Justice System to continuously pursue and fulfill its objectives. As an example,
citizens demanding an end to rampant kidnapping; citizens asking judges to expedite cases
brought before them.
b. SUPPORTS - anything to buttress or strengthen the system. As an example, citizens
reporting crimes; providing funds for the rehabilitation of offenders by the government;
allocation of resources from the political system; supports from the political system may
include selection, appointment and promotion of personnel. Direct citizen participation in the
Criminal Justice System such crime reporting and the as establishment of neighborhood crime
watch may be considered as support

For every system there is OUTPUT. This is what the system produces. The Criminal Justice
System is expected to dispense justice to an offender, to the victim and to the society as a
whole. Outputs of a system can take many forms. They stem from the performance or non-
performance of system .functions. Associated with the functions of the Criminal Justice
System is a variety of outputs from the different components or pillars of the system.
Examples are:

1.Patrol and arrest (Law Enforcement)

2.Pleas, and trial Charges, prosecutions(Prosecution)

3.Setting of bail, disposition of cases and sentencing(Court)

4.Persons released and rehabilitated( Corrections)

Feedbacks

Every time there is output from a system, reaction in the environment produces what we can
call FEEDBACK. These feedbacks may either be praises or criticisms against the pillars of the
Criminal Justice System. These will ensure that those who are involved in the system will
perform their duties and responsibilities justly and honestly.

The feedback that may result depends on the output produced by the system. If the system
succeeds in preventing crimes, in protecting the people from criminal elements and in
rendering swift and fair justice, there will be positive feedback from the society as a whole.
And conversely, if basic protection is not provided for the citizens, if crime is rampant, and if
the persons working within the system are seen as inept and corrupt, negative feedback will
result.
 Stages of the Criminal Justice Process

There are five (5) stages in the criminal justice process:

1. ARREST

2. CHARGING

3. ADJUDICATION (Trial-Judgment Stage)

4. SENTENCING

5. CORRECTIONS

Each of these stages begins with an action (input) that stimulates a process resulting in a
crucial decision being made for the accused (output).

Arrest Stage

The criminal justice process begins with the commission of a crime. But it is more accurate to
say that it begins with the DETECTION of crime. Detection is taken to mean not only observed
acts of crime but the results of a crime. If a crime is undetected or unreported, it obviously
does not enter the system. Even if it was already committed but is still undiscovered, it does
not enter the system.

Definition of arrest: Arrest is the taking of a person into custody in order that he may be
bound to answer for the commission of an offense. (Rules of Court, Rule 113, Sec. 1)

There are two distinct sequences of steps following the detection of a crime:

1. POLICE OBSERVATION ARREST BOOKING - INVESTIGATION

When the police witness an actual crime in progress and are able to apprehend the offender,
arrest is usually immediate. The suspect is taken and BOOKED into the city or municipal
police station and will later be detained. This procedure involves such things fingerprinting. as
identification check, and reading of rights and charges. An investigation follows for the
purpose of developing a prosecutable case against the suspect. If the police feel that, is
warranted, they pass the case into the next stage- charging.
2. COMPLAINT BOOKING-INVESTIGATION-ARREST

The most common way in which crime is brought to the attention of those in the criminal
justice system is by CITIZEN COMPLAINT to the police. Whether the report of a crime is by a
witness or a victim, an investigation is normally the next step. Unlike the first sequence,
investigation is conducted for the determination of whether a crime has actually been
committed, and if so, the identification of the offenders(s). If enough evidence is obtained
and police have probable cause to believe a specific person is the culprit, the case will be
referred to the next stage for the filing of a criminal case and for issuance of a warrant of
arrest.

Charging Stage

Police output in the form of an arrested or booked suspect becomes input into the charging
stage. The prosecution will decide whether the suspect will be tried for the commission of a
crime. At this point, evidence is evaluated, law is studied, and police officers and witnesses
are perhaps interviewed to assess the nature of the case and to decide whether the case will
be dismissed or be forwarded to the next stage.

If the prosecution decides that the suspect should be tried, criminal action is commenced by
the filing of a complaint or information.

Complaint is a sworn statement charging a person with an offense, subscribed by the

offended, any peace officer, or other public officer charged with the enforcement of the law
violated. (RoC, Rule 110, Sec. 3)

Information is an accusation in writing charging a person with an offense, subscribed by the

prosecutor and filed with the court. (RoC, Rule 110, Sec. 3)

Adjudication Stage

The input triggering this stage is the adjudication of the case before the court. Formal charges
are filed against the accused. At first, the suspect will be arraigned. ARRAIGNMENT refers to
the reading of charges against the accused and the declaration of his plea. The accused may
either plead GUILTY or NOT GUILTY to the charges. If the accused pleads guilty, lengthy trial
will be avoided and the judge may sentence the accused. If the accused pleads not guilty, a
TRIAL will be conducted. TRIAL refers to the presentation of the prosecution and the
defendant of their respective/case and arguments before a court.
 Defenses against Criminal Charges

Assuming that basic tests of criminal responsibility are met and that an accused is ruled
competent to stand trial-the law makes available to the accused several types of defenses.

The BURDEN OF PROOF is on the State to remove all reasonable doubt about the guilt of the
defendant. That burden is in theory entirely on the state or prosecution; the defense need
prove nothing. All the defense is required to do is raise reasonable doubt about the guilt of
the accused, and the law requires an acquittal if such reasonable doubt is created.

The following are the some of the defenses the accused might put up:

The Defense of Alibi- A defense of alibi is simply a CLAIM by the defendant that he or she
WAS IN ANOTHER PLACE when the crime occurred and therefore could not have committed
it. This defense is supported by witnesses who can place the defendant in that other location
at the right time. Documentary evidence may also be presented to prove the presence of
person in a specific place and time.

The Defense of Insanity - The defense of insanity is a claim that the defendant should be
exonerated from criminal responsibility because she or he was (or is) suffering from a mental
condition or mental incapacitation. However, it is up to the accused to prove that he was
suffering from such illness during the commission of the offense.

The Defense of Instigation - If the defendant can establish that he or she would not have
committed the crime were it not for the encouragement or compulsion of law enforcement
agents, he/she is not criminally liable. In instigation a public officer or a private detective
induces an innocent person to commit a crime and would arrest him upon or after the
commission of the crime by the latter. (Reyes)

The Defense of Duress - This defense is based on the claim that the act was the result, not of
any intent on the part of the accused, but of threats of loss of life, limb, or a loved one.
Duress as a valid defense should be based on real, imminent, or reasonable fear for one's life
or limb and should not be speculative, fanciful or remote fear. (People vs. Borja)

A person who acts under the compulsion of an irresistible force, like one who acts under the
impulse of uncontrollable fear of equal or greater injury, is not criminally liable because he
does not act with freedom. (People vs. Loreno)
The Defense of Consent - The defense that the victim consented to the act for which the
accused stands charged. This defense is common in rape and acts of lasciviousness where
force is usually applied in their commission..

The Defense of 'Violation of the provisions of the BILL OF RIGHTS' - This defense is invoked if
the State or its agents violated the right of the defendant in obtaining evidence to prove the
latter's guilt. inadmissible in a criminal proceeding. Such evidence is

Trial Procedure

The trial in a criminal court proceeds in the following order:

1. the prosecution shall present evidence to prove the charge;

2. the accused may present evidence to prove his defense;

3. the prosecution and the defense may, in that order present rebuttal and sur-rebuttal
evidence unless the court, in furtherance of justice permits them to present additional
evidence;

4. upon admission of the evidence of the parties, the case shall be deemed submitted for
decision. (RoC, Rule 119, Sec. 11)

Judgment

In a criminal case, the judgment of a court must state whether the accused is guilty or not
guilty of the offense charged and impose on him the proper penalty and civil liability, if any.
The judgment must be written in the official language, personally and directly prepared by
the judge and sign by him. (RoC, Rule 120, Sec. 1) Civil liability is usually a monetary
indemnity by the accused to the victim or the victim's heirs.

If the court found the defendant not guilty, he will be released and will go back to the
community. If he is guilty as charged, the next stage will come in.
 Sentencing Stage

A conviction becomes the input of the fourth stage; sentencing. In sentencing, the judge will
consider all circumstances surrounding the case and it is his duty to apply the provisions of
the law in rendering punishment or sentence against the accused.

There are two aspects of sentence:

1. Type- refers to the facility or program to which the defendant is assigned such as:

Facilities for Incarceration are facilities with a common function to CONFINE and ISOLATE
convicted persons from society at large. They include PRISONS and JAILS. Prisons have at
least 3 subtypes, known as MAXIMUM, MEDIUM, and MINIMUM security institutions.

Parole and Probation Programs - an alternative to incarceration and allows convicted persons
to remain at large under varying degrees of restriction and supervision. PAROLE is granted
after a convicted person served a part of his sentence and is allowed to complete a sentence
at large, to restrictions and supervision.

Juvenile Corrections - are correction facilities provided for youthful offenders.

2. Severity amount of fine imposed. - refers to the length of jail service or amount of a fine
imposed

Appeal

A person convicted by a trial court may appeal his conviction to a superior court if he feels
that the judgment rendered is erroneous. The accused has the right within fifteen (15) days to
appeal from the judgment of conviction.

He can always appeal a judgment of conviction but the State, through the prosecution cannot
appeal a judgment of acquittal (People vs Velasco). The offended party (crime victims) can
always appeal, whether from a judgment of conviction or of acquittal or dismissal but in
respect only to the civil liability (Martinez vs Court of Appeals).

Correction Stage

This stage involves the convicted person's serving of the sentence imposed. It is the stage
where the offender will be reformed and rehabilitated prior to his reintegration in the
community.
 Basic Functions among the Pillars in the CJS

The police or law enforcement pillar occupies the frontline of the CJS because they are
regarded as the initiator of the system. They are the first contact of the law violator in the CJS
process. It is the police that investigates, make arrest and prepares evidence against the
suspects needed to prosecute them.

The prosecution pillar takes care of evaluating the evidences and formally charges the
suspects before the court. It serves as screening process on whether to file a case base on
evidence or dismiss the same. It determines what particular crime shall be formally filed and
presents the burden of proof against the suspect in the court.

The court pillar conducts arraignment and trial. It shall issue warrant of arrest if the accused
is at large. It acquits the innocent and adjudicate penalty for the accused if found guilty.

The correction pillar is responsible for the incarceration and rehabilitation of the convicted
person to prepare for eventual reintegration in the community.

The community pillar helps the penitent offender to become law-abiding citizen by accepting
the ex-convict's re- entry and assists said penitent offender lead a new life as a responsible
member of the society.

CJS Administration: Issues and Concerns

As a System

Criminal justice administration is a system in which all its employees are concerned with the
prevention, control, and reduction of crime and delinquency. Criminal justice workers have a
continuous responsibility for processing offenders. It entails the coordination of efforts and
activities of the agencies intimately involved in the CJS process.

CJS pillars are indispensable to each other. One is effective unless it gets the support of the
other so that neither a part of the CJS can solely address crime nor it can afford to be
unmindful to responsibilities of other components. the functions and

The police, the first component of the CJS, which is in close contact with the people, is often
blamed for shortcomings of the CJS. The failure of one pillar is the failure of the entire CJS
and corollary to it, the success of any of the pillar is the success of the entire CJS. Bringing
criminals to the bar of justice is therefore the main responsibility of the CJS. Failure to do so
would only contribute to the erosion of public confidence in the justice system.
As a Non-system

It has also been criticized as a non-system. The four main players and lead agencies of the CJS
police, prosecution, courts, and corrections - have their own officials or leaders. They have
their own jurisdictions. There is no single leader or integrator that can direct or unify efforts
of the CJS as a whole.

Each of them has the authority and resources as they operate separately, independently and
with accountability in the discharge of their respective mandates. Separation of powers
among these CJS lead agencies sometimes leads to competition and lack of cooperation and
concerns. Worse, it creates antagonism and interference to the work of another and vice
versa.

It is along these lines that CJS is being criticized as a non-system entity. Example of the
separation of works or the division of labor in the CJS is represented by the following major
functional components: Police, Prosecution, Courts, Correctional Institutions, Board of
Pardon and Parole, Probation and Parole Officers, Juvenile and Youth Welfare Officers. Each
of these has their organic law and specific mandates.

Each functional component has a distinct operational jurisdiction and each agency has a
different job to do and is organized differently to perform its work. This division of labor
makes it possible for the entire organization to function. This results to the non-system of
criminal justice administration.

As to Coordination among the Pillars

The Criminal Justice System is not just the agencies and persons charged with law
enforcement, not just the public prosecution, nor just the courts, nor just the penal and
correctional system, nor just the community. The Criminal Justice System is all of this
institution or "pillars" collectively. Therefore it should be of paramount importance that for
the Criminal Justice System to work efficaciously and speedily, it is essential for all these five
(5) pillars to work efficiently and with dispatch, and in cooperation and coordination with one
another. The failure of the System in a given case due to some deficiency in law enforcement,
or in the prosecution for instance, cannot be blamed on any of the other pillars. (Chief Justice
Andres Narvasa, Handbook on the Courts and the CJS, p.34)
As to the Criminal being the Vital Link in the Process

The principal character in the CJS process, which links the components together, is the
offender or the "criminal". The criminal has been regarded as the most "pampered" element
of the criminal justice system due to the notions that he has more legal and constitutional
rights than the victim, who has become the "forgotten" man of the system. (Alma Jose, Notes
on Criminal Justice System in the Philippines, Manila, 1992 Ed, p.54)

But 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 the
law including respect for a person's rights and human dignity.

Court judgment is necessary to promulgate whether an accused is indeed innocent or guilty

and that all legal remedies including appeals have been pursued in accordance with law. It is
only then after having undergone the foregoing criminal justice processes that a person can
be legally labeled as criminal

End of Lecture No 1