Five pillars of criminal justice system
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The Five Pillars of the Criminal Justice System The CJS is envisioned as being supported by five pillars, namely: law enforcement; prosecution; courts; corrections; and the community. Each of these five pillars plays a vital role in the administration of justice and, as such, their interplay and cooperation are most necessary for the proper functioning of a Criminal Justice System. a.
Law Enforcement Pillar The first pillar is the Law Enforcement Pillar. It consists mainly of the officers and personnel of the Philippine National Police, National Bureau of Investigation, Philippine Drug Enforcement Agency, Anti-Money Laundering Council (AMLC), Armed Forces of the Philippines, and 34 other related agencies. These agencies are “at the forefront of the Criminal Justice System of the country. They deal with the citizens and are directly exposed to the criminal elements.” Clearly, it is thus necessary that the member agencies within this pillar are both trained and well- oriented with “the ways of civil society.” Their work consists of the prevention and control of crimes, enforcement of laws and effecting the arrest of offenders, including the conduct of lawful searches and seizures, to gather necessary evidence so that a complaint may be filed at the Prosecution’s Office. Identified as the first point of contact w ith the community, this pillar initiates the CJS machinery upon arresting a person believed to be a suspect. b.
Prosecution Pillar The second is the Prosecution Pillar, which is composed of the National Prosecution Service of the Department of Justice (DOJ), Office of the Ombudsman, and the Public Attorney’s Office. While the focus of this pillar is the speedy disposition of cases, its principal task is the investigation of criminal complaints emanating from the community and the law enforcement agencies and bringing these complaints to their successful prosecution in the judicial system. The prosecution pillar conducts preliminary investigation of cases filed in the prosecutor’s office and prosecutes cases filed in the court against alleged offenders after probable cause is established. c.
Courts Pillar The Courts Pillar adjudicates cases and renders judgment. The Philippine Judiciary is a four-tiered court system consisting of the Supreme Court as the highest court of the land; the intermediate courts consisting of the Court of Appeals, Sandiganbayan, and Court of Tax Appeals; the second level courts, which consist of Regional Trial Courts and Shari’a District Courts; and the first level courts consisting of Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts and Shari’a Circuit Courts.
The goal of the Courts Pillar is not merely to adjudicate cases, but to do so in accordance with the Rule of Law and “without sacrificing the quality of justice.” Interestingly enough, the overall performance of the CJS may be determined by the performance of the Courts Pillar. Many of the factors that affect the disposition
of a litigation – such as those that are in relation to the procurement of witnesses and evidence, the determination of probable cause and the like – are clearly outside of the control of the Judiciary. Nevertheless, because the litigation process brings all these factors together, “[t]he performance of the courts therefore would serve to synthesize to a large extent the overall performance of the criminal justice system.” d.
Corrections Pillar Comprising the Corrections Pillar are the jails and prisons administered by the Bureau of Corrections (BUCOR), the Bureau of Jail Management and Penology, and by the local government units with regard to provincial and sub provincial jails. The Philippine National Police likewise maintains detention facilities in its different police stations nationwide. The Corrections Pillar may also be classified into two: institution-based and community-based corrections. On one hand, the institution-based corrections include prisons and jails which house prisoners serving terms of imprisonment; under detention status; and those for safekeeping in selected cases. On the other hand, community-based corrections pertain to probation and parole. These are being managed by the Parole and Probation Administration of the DOJ. PPA conducts a post-sentence investigation of petitioners for probation as referred by the courts, as well as pre-parole/pre-executive clemency investigation for those referred by the Board of Pardons and Parole, to determine the suitability of the offender to be reintegrated in the community instead of serving their sentence inside an institution or prison. The PPA further supervises probationers, parolees and conditional pardonees to promote their rehabilitation and reintegration to the mainstream of society. It mobilizes the community resources, especially through volunteer probation aides. e. Community Pillar The Community Pillar is composed of institutions such as the Department of Social Welfare and Development, Commission on Human Rights, National Commission on Indigenous Peoples, Public Attorney’s Office , barangays, civic organizations, and non-governmental organizations. Members of the Community Pillar are regarded to be both duty holders claimholders in the administration of justice. As duty holders, they have the responsibility to assist law enforcement and the courts in solving crime by providing information, by community participation in crime prevention and creating a culture of peace, and by supporting the mobilization of resources for peace and order. As claimholders, they are the beneficiaries of the justice system and they play critical roles in holding system duty holders accountable. Likewise, it is emphasized that the community as a subsystem of the whole cyclical process is the most critical and useful component of the Criminal Justice System considering its massive and pervasive composition. This also plays a crucial role Share this documentShare or Embed DocumentSharing Options
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Copyright © 2023 Scribd Inc. Home Books Audiobooks Documents What are the 5 five pillars of the criminal justice system give the definition and function of each?I – THE COMMUNITY; II – THE LAW ENFORCEMENT; III – THE PROSECUTION; IV – THE COURTS; and V – CORRECTIONS. As we shall see, OUR CRIMINAL JUSTICE SYSTEM IS COMPOSED OF FIVE PILLARS THAT FUNCTION LIKE A CHAIN OF LINKS.
What is the function of 5 pillars?There are five key practices that all Muslims are obligated to fulfil throughout their lifetime. These practices are referred to as pillars because they form the foundation of Muslim life. The five pillars of Islam are Shahada, Salah, Zakat, Sawm, and Hajj.
Which is the fifth pillar of the Philippine criminal justice system?The community is viewed to be an integral part of criminal justice in the Philippines and has been so recognized in that it is the fifth pillar of the criminal justice system (the others are the police, prosecution, courts, and corrections).
What is the most important pillar of the criminal justice system?Law enforcement is the first pillar of the criminal justice system, because it is the system that individuals first encounter when they go against the law. It is also the most visible system to society, because we see law enforcement officers every day.
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