Criminal Justice System Treat The Victims of Crime

CRIMINAL JUSTICE SYSTEM TREAT
THE VICTIMS OF CRIME
CARL IAN E. CLAPERO

CRI 150 - VICTIMOLOGY
Criminal Justice System Treat the Victims of
Crime
❖Criminal Justice System
❖Pillars of CJS
❖How the Victim treated by the CJS
❖Conclusion
❖References
Criminal Justice System -The criminal justice system, essentially, 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, provisions being made for their
correction and rehabilitation.
The present Philippine Criminal Justice System (CJS) was a product of various
foreign influences and the country’s experiences in achieving its aspiration to
protect the State and its people against the destructive effects of crime and
delinquency. As a State mechanism, the CJS was established as an instrument of
social control to coerce people to conform and respect individual spaces, and at
the same time teaches them to abide with by the laws and rules established for
the common good. Today, all over the world, all states, regardless of the form of
governance, utilize mechanisms like group pressure or institutions (like the
police, prosecution, courts, correction services) to enforce conformity and
adherence to norms, and to control deviance in its members.
• Victim- means persons who, individually or collectively,
have suffered harm, including physical or mental
injury, emotional suffering, economic loss or
substantial impairment of their fundamental rights,
through acts or omissions that are in violation of
criminal laws operative within Member States,
including those laws proscribing criminal abuse of
power.
The Victim and Law Enforcers
Enforcing laws and rules in reality is not just running after criminals,
restraining suspects to prevent them from committing acts of violence and
disorder, and placing them in manacles. As the first line of social control, the
law enforcers are mandated to enforce laws to the fullest. Also included in their
duties are Protecting and assisting the Victims of Crime During and after the
court hearing until justice is fully serve.
If the victim is a woman or child, immediately refer
the matter to the WCPD (Women and Children
Protection Desk) of PNP unit for assistance in the
handling of the victim and to ensure that proper
procedures are observed. Start keeping an action log.
(PNP Manual book)
The Victim and the Prosecution
Arm The National Prosecution Service of the Department of
Justice, in co-ordination with various agencies in government,
ensures community participation at this level of the justice system.
Prosecutors always treat victims with courtesy, compassion,
cultural sensitivity and respect for their dignity and entitlements,
and take their views into account.
Sample The Witness Protection, Security and Benefit Programme (WPSBP)
under Republic Act No. 6981 provide witnesses of crime commission vital
rights and benefits. These rights and benefits, however, may be given after
satisfying the imposed eligibility requirements. In this, witnesses are given
any or all of the following benefits: secured housing facilities for high-risk
witnesses and their dependents, from 3,000 pesos to about 15,000 pesos in
certain cases; travelling and subsistence allowance; medical and
hospitalization assistance; housing or rental allowance in case of witnesses
with manageable risks.
The Victim and the Courts of Law
The Judiciary is the very core of the Administration of Justice. It is the
centerpiece of the Justice System. Fundamental Law of the Philippines
vested judicial power in the Supreme Court, and in such lower Courts
as may be established by law (Sec. 1, Article VIII of the 1987
Constitution).
Criminal and civil courts provide the opportunity for the parties to
have their cases heard by neutral judges and/or juries. This process
ensures that all cases are decided in a fair and consistent manner
Courts provide a forum to resolve disputes and to test and enforce laws
in a fair and rational manner
Court decisions are based on what the law says and what the
evidence proves; there is no place in the courts for suspicion,
bias or favouritism. The procedures and decisions must be
accessible and transparent and apply the rights found in the
Revise Penal Code ,Special Laws, and other laws to be
followed ,This is why justice is often symbolized as a
blindfolded figure balancing a set of scales, oblivious to
anything that could detract from the pursuit of an outcome
that is just and fair
The Victim and the Correction
Corrections is one of the imperatives, nay, pillars of criminal justice
administration. It is tasked to safe keep and to rehabilitate those convicted by the
courts. It is in corrections where the better part, which is the greater duration, of a
sentenced person as he spends the judicially prescribed penalty. It is therefore
incumbent for correctional administration not only to watch over, as in custodial
manner, those serving time but to manage the potential manpower it can offer
through the requirements of social concerns
The Victim and the Community
• It is the unique feature of the Philippine Criminal Justice System

to have the Community as its fifth pillar. The community in this
context refers to the elements that are mobilized and energized
to help authorities in effectively addressing the law and order
concern of the citizenry included in their function is restoring the
Victim.
• COMMUNITY( e.g., People & People’s Organizations). It also refers to
institutions, government, and non-government agencies and people’s
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 of the victim
Community involvement can help victims overcome feelings
of low self-esteem, isolation, powerlessness, fear and anger.
The process of connecting with others, confronting and
overcoming real-life challenges, striving for justice and giving
something back to the community can provide recovery
benefits not achieved solely by traditional counseling.
Conclusion
Perhaps the most agonizing experience for victims involves dealing
with the CJS if and when the offender is apprehended. At this level,
the crime is considered to have been committed against the state, and
the victims becomes the witnesses of crimes. This procedure is very
difficult for the crime victim to understand and come to terms with,
because in the victims mind, he or she is the one who suffered
emotionally, physically, psychologically and financially. At this stage
of the process, a victim can sometimes feel that he or she is losing
complete control because he or she is not directly involve in the
prosecution or sentencing the offender.
However, participation in the CJS can aid the victims rebuilding their
lives. If the victims are kept well informed about the criminal proceedings
and feel that they have voice in the process , they will feel that they are
part of team effort. This added effort enables victims to understand the
judicial process and helps to return to them a sense of control to their lives
and circumstances.
The criminal justice system is not just the agencies and persons charged with law
enforcement; not just the public prosecution, nor the courts, nor just the penal and
correctional system, nor just the community. The criminal justice system is all of these
institutions or pillars collectively. For it to work efficaciously and speedily, it is essential
for all these pillars to work efficiently and with dispatch, and in cooperation and in
coordination with one another.
References
❖Phillippine Criminal Justice System 4rth edition- Atty. Ramil G. Gabao
❖Human Behavior and Victimology 2020- PSUPT William A. Revisa, (RET) PhD.,CSP,CST
❖Victimology 2018 – Danilo L. Tancangco, Ph.D.
❖United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse
of Power
❖PNP FIELD MANUAL ON INVESTIGATION OF CRIMES OF VIOLENCE AND
OTHER CRIMES (2011)

Criminal Justice System Treat The Victims of Crime

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CRIMINAL JUSTICE SYSTEM TREAT

THE VICTIMS OF CRIME

CARL IAN E. CLAPERO

• It is the unique feature of the Philippine Criminal Justice System

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