collaboration book

116問 • 3年前

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refers to the agencies of government charged with enforcing the law, prosecuting crimes, convicting or acquitting criminals, correcting criminal standards, and providing assistance to the reformed criminals in returning to normal life in the community.

Criminal justice system

In the first phase, called “______________,” citizens bring criminal events to the attention of the police.

entry into the system

The second phase,“________________________are dominated by government lawyers called prosecutors who prepare the charges which indict defendants; and judges who conduct a series of hearings, including initial appearance of an arrested person in court and during preliminary hearing.

prosecution” and “pre-trial services

The third phase, “_______________” begins after the arraignment in which the accused person pleads to the indictment or information against him or her, and ends with a judgment of guilty or not This phase is conducted by a judge. The prosecutor, representing the guilty. state and the People of the Philippines, and the defense lawyer play the most active roles in this phase

adjudication

The fourth phase consists of ""_______________" The justices of the peace imposed the sentence, and usually after hearing a pre-sentence investigation report is prepared and submitted by a probation officer. The prosecutor, defense lawyer, and defendants have their say, and in most countries, the victims as well.

sentencing and sanctions.

The ___________ of the criminal justice system refers to a body of people organized to maintain peace and order, to ensure public safety, to enforce the law, and to investigate violation of laws and commission of crimes. They enforce the law by ensuring compliance therewith, conduct investigations to uncover commissions of crimes and violations of laws, file criminal cases before the prosecutor’s office, and testify effectively if a criminal charge is filed at the proper court by the prosecutor’s office

police pillar

known as the “Police Act of 1966” was enacted, by virtue of which, National Police Commission was created, and vested with the power to supervise and control the police forces all over the country.

R.A. Act No. 4864

established the police which maintained peace and order at that time. On January 9, 1901, Manila Police was formally organized by virtue of Act No. 175 of the Philippine Commission. Thereafter, adjoining places followed through.

Gov. William Taft

An Act Extending for Five (5) Years the Regulatory Period for Complying with the Minimum Educational Qualification for Appointment to the Philippine National Police (PNP) and Adjusting the Promotion System Thereof,

Republic Act No. 9708

The police are empowered to stop, question, detain, and arrest people who violate the law. Their _____________ powers range from stopping traffic violators to apprehending persons suspected of committing serious crimes and that apprehension may legally accept the use of deadly force.

Law Enforcement

is defined as the "management of conflict situations to bring about consensual resolution."

Order Maintenance

entails police officer's e visible presence on the streets and public places in their area of responsibility. The purpose of patrol is to deter crime, maintain order, enforce laws, and performance of other service functions, such as emergency medical care.

Preventive Patrol

The prominent role of the police officer is the prevention, investigation, and detection of crime. The investigators or police detectives have been figures of great romantic appeal since the first independent police bureau was established by the London Metropolitan Police Service in 1841

Crime Investigation

conducts preliminary investigation or inquest proceeding of the cases filed by the police pillar and other law enforcement agencies for the purpose of establishing whether there is prima facie evidence to warrant the filing of the case in the proper court. It has three main tasks: to investigate crimes, to decide whether or not to instigate legal proceedings, and to appear in court.

prosecution pillar

The term “fiscal” was derived from the Spanish word “________” which means treasury.

fisco

Its Latin word “_______” referred to a “woven basket” where the ancient

fiscus

The “__________,” the Spanish regime’s highest judicial body, was comprised of a regent, five associate justices called “oridores,” and two-attorney generals or fiscals. These fiscals were not required to be qualified lawyers.

Royal Audiencia

The prosecution pillar is under the ______________

(DOJ)

Administrative Code of 1987, to “provide the government with a principal law agency which shall be both its legal counsel and prosecution arm; administer the criminal justice system in accordance with the accepted process thereof consisting of the investigation of crimes, prosecution of criminal offenders, and administration of the correctional system.

Executive Order No. 292

which provides a uniform system of preliminary investigation in giving the complainant and respondent in a preliminary investigation the right to confront and cross-examine each other and their witnesses is time consuming and not conducive to the expeditious administration of justice.

R.A. No. 5189

is a governmental body which is officially assembled under authority of law at the appropriate jurisdictions for the administration of justice through which the state enforces its sovereign rights and power.

court pillar

undertakes the reformation and rehabilitation of offenders for their eventual absorption into the social and economic streams of the community, through institutional or community-based ti programs.

corrections pillar

is probably the oldest goal of corrections. It is rooted in the ancient doctrine of “lex talionis,” or “an eye for an eye or a tooth for a tooth.” Retribution means “getting even.” The death penalty is the ultimate retribution,

Retribution

The rationale underlying __________ is that if punishment for a crime is sufficiently En severe, offenders will be deterred from committing that crime.

Deterrence

Isolating criminals from society through confinement or incarceration is the most direct method of crime prevention. This means the restriction of movement or liberty. is psychologically painful, and it is seen by the public as a legitimate function.

Incapacitation

through reformation is officially recognized as a valid and useful correctional function, wherein the main objective of jails and corrections facilities is reformation, not retribution. Persons deprived of liberty are allowed to work in various tasks where a portion of their wages is applied to pay for court costs, fines, and persons deprived of liberty’s subsistence.

Rehabilitation

assumes that criminal Behavior is the result of psychological or biological conditions that can be treated. If the medical model premise is to be accepted, that criminals are criminals because they have particular biological or psychological conditions or problems, that identification of cures is vital to remedying these criminal behaviors.

Medical Model

Closely related to the medical model is the __________. This model stresses rehabilitation and reform. The original mandate of the correction pillar called for rehabilitating persons deprived of liberty through vocational and technical-skills development training, as well as the traditional individualized psychological counseling associated with the medical model.

Reform Model

This model emphasizes equating punishment with the severity of the crime. In this regard, Beccaria’s Idea is evident in the development of “__________” as a punishment orientation. Offenders should get what they deserve. This dismisses rehabilitation as a major correctional aim. It alleges that offenders ought to receive punishments equivalent to the seriousness of their crimes.

Just Deserts” Model

Like the “just deserts,” the __________ Rejects rehabilitation as the major objective of treatment and Corrections. By the same token, sentencing disparities for offenders Convicted of similar crimes are opposed as all persons should receive Equitable punishment. Sentencing disparities attributable to race, ethnic Origin, gender, or socio-economic status should not be tolerated.

Justice Model

The ___________ refers to the informal component of the criminal Justice system which plays a crucial role toward effectively discharging The mandated powers and functions of the other pillars of the CJS, and Serving as the unique feature in the local setting

community

The word community comes from the Latin word “____________,” meaning common and shared by all or many

communis

word community in latin term

communitatus

is often translated as community is an association in which individuals are oriented to the large association as much if not more than to their own self-interest.

Gemeinschaft

is defined in terms that echo common definitions of community, demonstrating that confusion concerning how these two terms differ persist today, viewed as an area of place within a larger entity, has boundaries either physical or symbolic and usually both where streets, railway lines, or parks separate off an area, and its inhabitants or where historical and social traditions make people view an area as a distinctive unit.

Neighborhood

is the area of criminal law applicable to persons not old enough to be held responsible for criminal acts. In most states, the age for criminal culpability is set at 18 years. Juvenile law is mainly governed by state law and most states have enacted a juvenile justice and welfare law.

Juvenile justice system

is a person under the age of eighteen (18) years. While “child at risk” refers to a child who is vulnerable to and at the risk of committing criminal offences because of personal, family and social circumstances.

R.A. No. 9344

is a community mediation program, whose overarching objective is to deliver speedy, cost-efficient, and quality justice through non-adversarial processes

Barangay Justice System

The most striking finding derived from the available data on the ______________is the very substantial case attrition between the start of the process, when the crimes committed, and the final stages of execution of sentence.

operations of the system

Those who adhere to due process. Principles believe the civil rights of the accused should be protected at all costs.

Due Process Model

is by definition, “the police, prosecution, court, corrections, and community pillars that work together to effect the arrest, prosecution, conviction, and corrections of criminal offenders, and welcoming the offenders into the folds of society after serving sentence.

contemporary criminal justice system

refers to one of the existing councils established by the local government units in every city and municipality.

Peace and Order Council (POC)

This refers to the different undertakings spearheaded by the local peace and order council that is specifically focused on the demand reduction and supply reduction as the pronged approach of the government in combatting the proliferation of dangerous drugs in the society.

Anti-Illegal Drugs

This refers to the broad mandate of the police organization and other law enforcement agencies of the government, purposely to keep the peace or otherwise prevent behaviors which might disturb the prevailing peace and order conditions in the locality: thus, placing the lives and properties of the constituents in jeopardy.

Crime Prevention

This refers to the actual conduct of police internal security operations _____________ operations or undertaken by the police and the military, as two primary components of the local peace and order councils to drive away the threats posed by the insurgents in the different regions, provinces, cities, municipalities, and barangays of the country.

Counter-Insurgency

This refers to the efforts of the government, and its instrumentalities that are considered by many to be crucial to the development of a consistent and comprehensive approach to the problem of youthful offenders and juvenile delinquents, and children in conflict with the law.

Delinquency Negation

It is the process of directing and controlling human and material resources of the Bureau

Persons Deprived of Liberty’s Custody

This refers to the process of directing And controlling people and things at the disposal of the local peace and Order councils with the aim purpose of effectively dealing with the Occurrence of disasters and calamities, and with the objectives of the Preserving lives and properties of the community-members during such Occurrence.

Disaster Risk Reduction

This refers to the practice of mitigating the unwanted effects of fires, and as well as the research and development, production, testing and application of mitigating systems, and which is one of the salient undertaking of local peace and order councils in the different localities of the country.

Fire Suppression

This refers to the term used to embody oli the activities undertaken by a highway transportation agency to me improve roadway system safety, efficiency, and effectiveness for both hid providers and consumers of the transportation services extended by the ality local government units.

Traffic Management

is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense, and for their punishment, in case of conviction. __________is concerned with the procedural steps through which a criminal case passes, commencing with the initial investigation of crime concluding with the unconditional release of offender.

Criminal procedure

The detection and prosecution of criminal offenders are not left to the initiative of private parties but to the officials and agents of the law. Violence and torture are often employed to extract confession.

Inquisitorial

is the authority to hear and try particular offenses and impose the punishment for it. The general rule is that the jurisdiction of a court is determined by: (1) the geographical limits of the territory over which it presides, and (2) the action it is empowered to hear and decide.

Criminal jurisdiction

criminal cases is the territory where the court has jurisdiction to take cognizance or to try the offense allegedly committed by the accused.

Territorial jurisdiction

is a legal rule that prevents somebody from stating a position inconsistent with one previously stated, especially when the earlier representation has been relied upon by others

Estoppel

is defined as the failure or neglect for an unreasonable and unexplained length of time, to do that which, by exercising due diligence, could or should have been done earlier, it is negligence or omission to assert a right within a reasonable length of time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it..

Laches

is the taking of a person into custody in order that he may be bound to answer for the commission of an offense (Section 1, Rule 113, Revised Rules on Criminal Procedure).

Arrest

is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified.

Bail

is an offense which, under the law existing at the time of its commission and of the application for admission to bail, may be punished with death (Section 6, Rule 114, Revised Rules on Criminal Procedure).

capital offense

is a person charged with a criminal offense, or the state of being so charged before a criminal court or a process that a person has been indicted of a crime in violation of the Revised Penal Code or Special Laws.

Accused

is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea. Plea is simply an answer to a claim made by someone in a criminal case under common law using the adversary system.

Arraignment

is a proceeding made by a judge requiring the presence of both parties, before a trial to simplify the issues of law and facts, and stipulate certain matters between the parties, in order to expedite justice and curtail costs during trial.

Pre-trial

is a procedure where both parties in a criminal proceedings together present information, in the form of evidence, in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court.

Trial

is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court (Section 1, Rule 126, Revised Rules on Criminal Procedure).

search warrant

A just solution to a ______________ is the sound application of the law and legal principles designed to apply to the particular dispute. The prompt and accurate ascertainment of the facts existing in a given case thus becomes an indispensable task for all agencies, entrusted with the administration of justice.

jural dispute

is the means, sanctioned by the rules of court, as an ascertaining in a judicial proceeding the truth respecting a matter of fact (Section 1, Rule 128, Rules on Evidence).

Evidence

The _________________ to be established is the ultimate fact to be established. The determination of what facts are necessary for the application of a particular law of a legal precept is the foundation upon which the evidence rests.

Factum Probandum

The _____________ the proposition is the evidentiary fact or the fact by which the factum probandum is established. Thus having determined the factum probandum, the second question would be what evidentiary fact is offered to prove it.

Factum Probans.

It is that evidence which indirectly proves a fact in issue. The fact-finder must draw an inference or reason from the _____________ However, the rules make no distinction between direct evidence of a fact and evidence of circumstances from which the existence of fact may be inferred.

Circumstantial Evidence

It refers to oral evidence or that which a witness testifies in court. It includes oral or written evidence, such as documentary evidence, depositions, and affidavits. Oral or written assertion offered in a court as a proof of the truth of what is being stated, such as testimony and hearsay evidence.

Testimonial Evidence

is that which the very nature of the thing to be proven requires, the productions of a writing where its contents are the subject of inquiry. It is generally admissible evidence, as opposed to incompetent or inadmissible evidence.

Competent evidence

It is that quality of evidence which tends to influence the finder of facts because of its logical connection with the issue. It has an effective influence or bearing to the question as material, and which is material in the question in controversy.

Material Evidence

Is that evidence which proves a fact in issue directly without any reasoning of inference being drawn on the part of the fact-finder, as distinguished from circumstantial evidence that evidence which indirectly proves a fact in issues.

Direct Evidence

when the witness affirms that a fact did or did not exist, is entitled to greater weight,

Positive evidence

when he says that he does not see or know of the factual occurrence, is the exact opposite.

negative evidence

It is evidence other that the real or physical evidence itself, or evidence from a different source, as, when a will contains an ambiguity, in some cases, in order to ascertain the meaning of the testator, evidence aliunde will be received.

Evidence Aliunde

It is an evidence given to explain, repel, counteract, or disprove facts given in evidence by the adverse party. Which is offered after the opponent has rested its case, in order to contradict the latter’s evidence.

Rebuttal Evidence

It refers to the testimony of a witness which has made the subject upon which he gives his opinion a matter or particular study, practice or observation, and who must have particular and special knowledge on the subject.

Expert Evidence

refers to another which the law or the rules consider as the best evidence to prove the fact in dispute;

Primary or best evidence

is that which is inferior to the best evidence and is allowed only when the primary evidence cannot be presented. The primary evidence and secondary evidence.

secondary evidence

It is evidence which is inconvertible. It may also refer to un-contradicted evidence where the witness testifying on certain events deserves credence and the events on which he or she testifies are full of the necessary requisites of probability and credibility.

Conclusive Evidence

supplementary to that already given and tending to strengthen or confirm it. Additional evidence of a different character to the same point or it tends to support a proposition that is supported by some initial evidence, and therefore confirming the proposition.

Corroborative Evidence

is evidence not of what the witness knows, but of what he has heard from others. Double hearsay includes testimonies touching upon what was told to a witness concerning events by a person who was not an eyewitness thereto, but merely obtained knowledge from another.

Hearsay evidence

It is a rule of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known, or so authoritatively attested, that it cannot reasonably be doubted. It is frequently used for the simplest, most obvious common sense facts, such as which day of the week corresponded to a particular calendar date.

Judicial Notice

is evidence which can be brought forward in a court of law to support or undermine a legal case. In order to be considered admissible, evidence must meet certain standards, with the standards being especially high in criminal cases.

Admissible evidence

is the language of writing to be interpreted according to the legal meaning it bears in the place of its execution, unless the parties intended otherwise (Section 10, Rule 130, Revised Rules on Evidence).

Interpretation of documents

The act or declaration of a conspirator relating to the conspiracy and during its existence, may be given in evidence against the co conspirator after the conspiracy is shown by evidence other than such act of declaration (Section 29, Rule 130, Revised Rules on Evidence).

Admission by Conspirator

When one derives title to property from another, the act, declaration, or omission of the latter, while holding the title, in relation To the property, is evidence against the former (Section 30, Rule 130, Revised Rules on Evidence).

Admission by Privies

An act or declaration made in the presence and within the hearing or observation of a party who does or says nothing when the act or declaration is such as naturally to call for action or comment if not true, and when proper and possible for him to do so, may be given in evidence against him (Section 31, Rule 130, Revised Rules on Evidence).

Admission by Silence

made under the consciousness of an impending death, may be received in any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death (Section 36, Rule 130, Revised Rules on Evidence).

Dying Declaration

is the statement by the witness of an inference as to the existence or nonexistence of a fact in issue based upon other facts presented directly to the senses of the witness. The witness must testify to facts within their knowledge and may not state their __________, even on their cross-examination.

Opinion evidence

The accused may prove his or her good moral character which is pertinent to the moral trait involved in the offense charged. Unless in rebuttal, the prosecution may not prove his or her bad moral character which is pertinent to the moral trait involved in the offense charged.

Criminal Cases

Evidence of the moral character of a party in civil case is admissible only when pertinent to the issue of character involved in the case.

Civil Cases

is the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law (Section 1, Rule 131, Revised Rules on Evidence).

Burden of proof

It is the examination-in-chief of a witness by the party presenting him on the facts relevant to the issue (Section 5. Rule 132, Revised Rules on Evidence).

Direct Examination

Upon the termination of the direct examination, the witness may be ____________ by the adverse party as to many matters stated in the direct examination, or connected therewith, with sufficient fullness and freedom to test his accuracy and truthfulness and freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue (Section 6, Rule 132, Revised Rules on Evidence).

Cross-Examination

After the cross-examination of the witness has been concluded, he may be re-examined by the party calling him, to explain or supplement his answers given during the cross-examination. On re-direct examination, questions on matters not dealt with during the cross-examination may be allowed by the court in its discretion (Section 7, Rule 132, Revised Rules on Evidence).

Re-Direct Examination

Upon the conclusion of the re-direct examination, the adverse party may __________ the witness on matters stated in his re-direct examination, and also on such other matters as may be allowed by the court in its discretion (Section 8, Rule 132, Revised Rules on Evidence).

Re-Cross Examination

is one which assumes as true a fact not yet testified to by the witness, or contrary to that which he has previously stated. It is not allowed.

Misleading question

100

shall not be sufficient ground for conviction, unless corroborated by evidence of “corpus delicti” (Section 3, Rule 133, Revised Rules on Evidence).

extrajudicial confession

Lea set A

Christian Jay Santos · 53問 · 3年前

Lea set A