NAME: ARAJA JOHN LESTHER M
COURSE: BS CRIMINOLOGY1
MIDTERM EXAM
CRIMINAL JUSTICE SYSTEM
1. What are the 5 five stages in Criminal Justice process?
• These five areas are: (1) community and law enforcement, (2) arrest and initial detention including
court hearings, (3) jails and specialty courts, (4) reentry, and (5) community corrections.
2. What is the event that calls for the operation of the Criminal Justice System? Why?
• Criminal justice is the delivery of justice to those who have committed crimes. The criminal justice
system is a series of government agencies and institutions. Goals include the rehabilitation of
offenders, preventing other crimes, and moral support for victims. The primary institutions of the
criminal justice system are the police, prosecution and defense lawyers, the courts and prisons.
3. Define crime in criminological sense?
• Rather, crimes are behaviors that are defined as such by those in positions of power. In support of
these claims, labelling theorists point out that affluent and powerful people are far more likely than
the poor and powerless to escape criminal prosecution.
4. Define crime in the legal sense?
• A crime is a wrongdoing classified by the state or Congress as a felony or misdemeanor. A crime is an
offence against a public law. This word, in its most general sense, includes all offences, but in its more
limited sense is confined to felony.
5. What is the basis of the Criminal Justice system? Explain.
• The criminal justice system is a series of government agencies and institutions. Goals include the
rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary
institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts
and prisons.
6. What are the two basic principles of criminal law in the administration of the Criminal Justice
System in the Philippines?
• The basis of our system of criminal justice is that a person, although charged with an offence, is
considered innocent until proved guilty of the offence. The magistrate, judge or jury, as the case may
be, must be satisfied beyond a reasonable doubt that the person is guilty.
7.
Explain the concept of Proof Beyond Reasonable Doubt. Give the Legal source.
• Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the defendant’s guilt.
There are very few things in this world that we know with absolute certainty, and in criminal cases the
law does not require proof that overcomes every possible doubt.
8. Who is the criminal in relation to the administration of the Criminal Justice System?
• The criminal-justice system consists of three main parts: Law enforcement agencies, usually the
police. Courts and accompanying prosecution and defence lawyers. Agencies for detaining and
supervising offenders, such as prisons and probation agencies.
9. What are the different nomenclatures given to the person who is being processed under the
Criminal Justice System?
• Is a legal process adapted by a civilized society in the prevention and solution of crimes which is
carried on through investigation and the persons suspected thereof is taken into legal custody,
prosecuted in a court of law, and punished if found utilty, or acquitted if found innocent, provision
being made for his/her correction and rehabilitation.
10. Give the four elements of justice in order that justice may be dispensed of absolutely.
• Desert, reciprocity, equality, and need are each part of justice, but depending on the situation, one
(or two) of these four may be more important than others.
11. What are the two popular basic philosophies (approaches) of criminal justice system?
• The theory of criminal justice is the branch of philosophy of law that deals with criminal justice and
in particular punishment. The theory of criminal justice has deep connections to other areas of
philosophy, such as political philosophy and ethics, as well as to criminal justice in practice.
12. What is the philosophy adopted by our Criminal Justice System?
• The principle that people respond to incentives and are deterred by the threat of punishment is the
philosophical foundation behind all systems of criminal law. Deterrence may be either specific or
general.
13. What are the two principles of law that must be adhered to in our Criminal Justice System?
• The primary function is to protect citizens from harms to their safety and property and from harms
to society’s collectively. The second function is to maintain and teach social values as well as social
boundaries-for example, laws against bigamy and speed limits.
14. What Criminal Justice model do we adopt in the Philippines. Why?
• There are two main steps in adoption in the Philippines, the administrative and the judicial. The
administrative processes is done through the DSWD. Potential parents must go through several steps
including attending seminars on adoption, applying for the proper DSWD paperwork, and going
through an assessment.
15. What is Law enforcement in relation to the CJS?
• Law enforcement is the next element of the criminal justice response; its purpose is to prevent,
detect and investigate firearms offences.The success of the criminal justice response depends on
many factors, among others the availability of resources, as well as the level of training of criminal
justice agents.
16. What in general are the functions of the Law Enforcement in relation to the Administration of
the CJS? Explain each.
• PREVENTION OF CRIME IS THE BASIC MISSION OF THE POLICE. The basic mission of the Police is to
prevent crime and ensure a Peaceful and Orderly Community interaction without the necessity of
resulting into a military intervention to repress crime and severity of legal punishment
17. What is the primary goal that the prosecutor may consider in charging decision?
• The decision to prosecute is based on the following factors:
The sufficiency of the evidence linking the suspect to the offense.
The seriousness of the offense.
The size of the court’s caseload.
The need to conserve prosecutorial resources for more serious cases.
The availability of alternatives to formal prosecution.
18. What are the factors that may influence prosecutorial decision?
• Police officers usually make arrests based only on whether they have good reason (probable cause)
to believe a crime has been committed. By contrast, prosecutors can file formal charges only if they
believe that they can prove a suspect guilty beyond a reasonable doubt. Prosecutors can also take a
broader perspective.
19. What would be the effect of the discretion of the prosecutor over the police’s performance of
their duty?
• The use of discretion allows the police officer the flexibility necessary to perform his job. It also
allows the police officer to quickly interpret the applicable statutory law and then act upon the
determination.
20. Enumerate the general functions of the courts in relation to the CJS.
• A court, whether municipal, state or federal, is made up of an unbiased group of judges who hear
testimony, weigh evidence and rule on the outcome of a civil or criminal trial.
• There are three levels of courts: municipal courts, state courts and federal courts. Each level of court
exercises jurisdiction, or its authority to hear a case, based on a few factors. With attention to
jurisdiction, we will study original and appellate jurisdiction in state and federal courts.