maintaining social control as well as deter and control crime, and sanction those who violate laws with criminal penalties. T
The primary agencies charged with these
responsibilities are: law enforcement (police) prosecutors Courts (lawyers and judges) local jails and prisons
(1.) Community, (2.) The Law Enforcement, (3.) The Prosecution Service, (4.) The Courts, (5.) The Correctional Institution.
It refers to institutions, government, and nongovernment agencies and peoples organizations
that provide care and assistance to the victims or offended party, during and after the onset of a victims rights case. The community has a significant role to assume in all the phases of judicial involvement of offender as well as the protection process: the prevention of abuse, cruelty, discrimination and exploitation, assistance of offenders who enter the criminal justice system and the acceptance of the offenders upon his reintegration into the community,,, after he goes out of Correctional.
It involves government agencies charged with
the enforcement of penal laws. It is primarily responsible for the investigation and determination whether an offense has been committed, and where needed, the apprehension of alleged offenders for further investigation of the third pillar,,, Prosecution Service.
refers to the National Prosecution Service
(NPS). The NPS is mandated to investigate and prosecute penal violations. It collates, evaluates evidence in the preliminary inquest investigation and dismisses or files the case in court as indicated.
The Public Attorneys Office or private
defense counsel, on the other hand, serves as the defender of offender who is charged before the court and unable to hire the service of the retained lawyer.
refers to the MCTC, MTC, Regional Trial
Courts, CA and SC designated to handle and try the case and issue judgment after trial.
It refers to institutions mandated to
administer both correctional and rehabilitation programs for the offenders. These programs develop the offenders or convicts abilities and potentials and facilitate their re-integration into the community and normal family life.
Suppose1: the people (family of the victim)
refuses to cooperate in the investigation of the case, then the police would not be as effective to perform his job to arrest the suspect, thus, the first pillar of criminal justice system would be ineffective or dysfunctional.
Suppose2: the people (or family of the
victim) or victim herself fully cooperated in the investigation of the case that led to the apprehension of the suspect, but later on the police, thru negligence or bribery, has just allowed the suspect go free and evade arrest, thus the second pillar of criminal justice system is also dysfunctional or rotten.
Suppose3: both the victim and police had
worked together closely in the investigation, and actual apprehension of the suspect, however during the preliminary investigation stage conducted by the fiscal, who acted partially and moved for the dismissal of the case due to alleged lack of probable cause, however upon inquiry it was found out later that he did receive a bribe money from the suspect in exchange of a favorable resolution, thus, the third pillar of criminal justice system would also be dysfunctional and decomposing as well.
Suppose4: the victim, police and the fiscal
have done their work par excellence and were able to present a strong case in court, but judge, who handled and tried the case, renders a decision acquitting the accused as he did receive monetary consideration from the other party, or thru pakikisama, or he is a compare of the accused, thus, the fourth pillar of criminal justice system is likewise dysfunctional.
Suppose5: the accused was finally convicted
via fair and impartial trial, thru the cooperation of the aforementioned pillars, thereby giving justice to the victim of the crime, but when the accused was formally delivered and turned over to the correctional institution to serve his sentence, but instead of being corrected and rehabilitated therein, said convict was tortured and man handled, etc. (thru mental & physical torture), thus, the last pillar of criminal justice system is also dysfunctional.
To be able to strengthen an effective
criminal justice system, all these pillars must perform and deliver their respective job par excellence in the realization of justice.
The report analyses why the criminal justice
system in the Philippines fails to function. command irresponsibility, the non-existent witness protection programme, the bias of state officers towards victims and their families, irregularities in investigation and prosecution Flawed and misguided criminal investigations.
The police are the first and biggest obstacle to
victims and their families obtaining justice in the Philippines. Where family members and witnesses come forward, they often find that police investigations contradict their versions of incidents. Police investigators sometimes make premature pronouncements about the motive for a killing and its cause, flatly rejecting alternative suggestions, particularly where state officers or persons allegedly connected to them are among the possible suspects. due to existence of scalawags in uniform, kotong cops, hulidap cops
The failure of the witness protection
program must be attributed squarely to the rotten condition of its implementing agency, the Department of Justice. Public prosecutors, who are its officers, have also failed in their duty to refer witnesses for inclusion in the protection programme. Even in the most serious cases of extrajudicial killing, torture and disappearance, they are not known to have made recommendations and applications for protection.