Introduction to the Criminal Justice System Review Questions 2
Introduction to the Criminal Justice System Review Questions 2
1. Pedro killed Maria, his common-law wife, and their daughter. What is/are the crime/s committed by Pedro?
Answer: Homicide/Murder and Parricide
2. It is the security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the condition.
Answer: Bail
3. This pillar of the Criminal Justice System involves the prevention of the commission of crime and the protection of the life, liberty, and property of the citizen.
Answer: Law Enforcement
4. He is the person responsible for presenting the case in a criminal trial against an individual accused of breaking the law.
Answer: Prosecutor
5. When a person is charged with an offense, and the case is terminated either by an acquittal or conviction, or in any manner without the express consent of the accused, the latter can not again be charged with the same or identical offense.
Answer: Double Jeopardy
6. This pillar must decide the culpability or innocence of the accused after careful examination of the records of the case, after its trial on the merits.
Answer: Courts
7. It involves community supervision instead of prison.
Answer: Probation
8. This pillar in the Philippine Criminal Justice System includes people themselves and People's Organizations. The primary role of this pillar is to provide assistance to an offended party, especially when rights are asserted.
Answer: Community
9. He is the officer of the judiciary who issues a warrant of arrest and determines the culpability of the accused.
Answer: Judge
10. It is a change made by the President on the decision of the court by reducing the degree of penalty imposed upon the convicted felon.
Answer: Commutation
11. It is an authority conferred by law to act in certain conditions or situations in accordance with an official or an official agency's own considered judgment and conscience.
Answer: Discretion
12. Who among the following shall be considered a part of the prosecution pillar of the Philippine Criminal Justice System?
a. Judge
b. Fiscal
c. Justice
d. Commissioner
Answer: Fiscal
13. Which of the following public officers in not part of the law enforcement pillar of the Philippine Criminal Justice System?
a. PNP
b. NBI
c. Fiscal
d. PDEA
Answer: Fiscal
14. It is under the supervision and control of the Department of Justice and is tasked as the prosecutorial arm of the government.
Answer: National Prosecution Service
15. It is a pillar of the Philippine Criminal Justice System, which is mandated to investigate penal violations and evaluate evidence in the preliminary investigation.
Answer: Prosecution
16. It is a government body officially assembled under the authority of law at the appropriate time and place for the administration of justice through which the state enforces its sovereign rights and power. It is also empowered by the constitution to determine the guilt of the accused.
Answer: Court
17. Martha, a 16-year-old girl, and Jonas were lovers. While they were in the theater, Jonas kissed Martha, touched her breast, including her private parts with her consent. What is the crime committed by Jonas?
Answer: No crime committed
18. It comprises all the means used to enforce those standards of conduct, which are deemed necessary to protect individuals and to maintain general community well-being.
Answer: Criminal Justice System
19. It is the life and practice of highway robbery and plunder.
Answer: Brigandage
20. It is the taking of a person in custody so that he may be bound to answer for the commission of an offense.
Answer: Arrest
21. Which legal doctrine is literally translated as "to stand by things decided"?
A. Res judicata
B. Stare decisis
C. Ratio decidendi
D. Obiter dictum
Answer: B. This doctrine requires courts to follow historical precedents when making a ruling on a similar case.
Obiter Dictum: An incidental remark or opinion made by a judge that is not essential to the case ruling but guides future legal reasoning.
(To stand by things decided) The doctrine of judicial precedent where courts adhere to previously decided principles of higher courts when deciding similar cases.
Ratio Decidendi: The ultimate legal reason or principle upon which the court's decision rests.
(Reason for the decision): The essential legal principle, rationale, or rule of law on which the court's final ruling is grounded (this part forms binding precedent).
Stare Decisis: The principle that binds courts to follow legal precedents set by previous decisions.
(Said in passing): An incidental observation or opinion expressed by a judge that is non-essential to the judgment itself (persuasive, but not strictly binding legal precedent).
22. Which part of a judicial opinion constitutes the binding legal precedent for future cases?
A. Dissenting opinion
B. Syllabus
C. Obiter dictum
D. Ratio decidendi
Answer: D. This is the essential legal principle or reason upon which the court's final decision is grounded.
23. What is the primary legal status of an 'obiter dictum' in a court ruling?
A. Strictly binding
B. Legally void
C. Retroactively applicable
D. Merely persuasive
Answer: D. While not binding, these observations can guide future reasoning and carry weight based on the court's prestige.
24. An incidental remark made by a judge that is not essential to the case ruling is known as what?
A. Obiter dictum
B. Amicus curiae
C. Stare decisis
D. Ratio decidendi
Answer: A. This translates to 'said in passing' and describes remarks that are tangential to the core legal issue.
25. Which legislative act established the PNP, BFP, and BJMP under the reorganized Department of the Interior and Local Government?
A. Republic Act 9165
B. Republic Act 4864
C. Republic Act 8551
D. Republic Act 6975
Answer: D. This act, known as the DILG Act of 1990, consolidated the police, fire, and jail services under one civilian department.
26. Which agency serves as the lead entity for the enforcement of laws involving the custody and control of dangerous drugs?
A. PDEA
B. NBI
C. DND
D. PNP
Answer: A. Under Republic Act 9165, this agency is specifically mandated as the lead arm for all drug-related law enforcement activities.
27. Which agency is officially designated as the 'National Clearing House' of criminal and other relevant information for all courts and law enforcement?
A. PDEA
B. NBI
C. DOJ
D. PNP
Answer: B. By mandate, this agency maintains a central registry of criminal records used for clearances and judicial inquiries nationwide.
28. Under the current legal framework, what is the primary role of the PNP in internal security operations against insurgents?
A. Lead agency
B. Oversight body
C. Support agency
D. Sole authority
Answer: C. Per RA 8551, the PNP is mandated to support the AFP in internal security operations, focusing instead on law enforcement.
29. Which agency has the specialized mandate to investigate the causes of fires and enforce the Fire Code of the Philippines?
A. PNP
B. BFP
C. NBI
D. MMDA
Answer: B. This agency is exclusively tasked with fire prevention, suppression, and the investigation of all fire-related incidents.
30. Unlike the PNP and BFP, which are under the DILG, the NBI is an agency attached to which department?
A. OP
B. DND
C. DILG
D. DOJ
Answer: D. The NBI is the investigative arm of the Department of Justice, providing a link between law enforcement and prosecution.
31. Which agency is specifically tasked to provide technical assistance to other law enforcement agencies through its Medico-Legal and Forensic Chemistry labs?
A. PDEA
B. BFP
C. CHED
D. NBI
Answer: D. A core function of this agency is providing scientific and technical assistance to all law enforcement and courts in the country.
32. The organizational character of the PNP, as mandated by the Philippine Constitution, is described as:
A. Regional
B. Civilian
C. Military
D. Partisan
Answer: B. Article XVI, Section 6 of the Constitution mandates a police force that is national in scope and civilian in character.
33. Which agency was created to act as the 'implementing arm' of the Dangerous Drugs Board (DDB)?
A. PDEA
B. BJMP
C. NBI
D. PNP
Answer: A. PDEA was specifically designed to execute the policies and strategies formulated by the Dangerous Drugs Board.
34. Which agency has the authority to issue fire safety inspection certificates required for business permits?
A. NBI
B. PNP
C. PDEA
D. BFP
Answer: D. Enforcing fire safety standards and issuing necessary certifications for occupancy and business is a core function of the BFP.
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