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    Topic 8 PCJS

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    The document discusses the history and evolution of prosecution, from its origins in England where victims initiated prosecutions personally, to the modern system where prosecutors evaluate police findings and file criminal complaints. It defines prosecution as the process of bringing accusations before a court to determine guilt or innocence, and notes that prosecutors are officers of the court but members of the executive branch. The role of prosecutors includes evaluating police reports, filing charges, and prosecuting alleged offenders in court on behalf of the people.

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    Topic 8 PCJS

    Uploaded by

    maynard pascual
    6 views2 pages
    The document discusses the history and evolution of prosecution, from its origins in England where victims initiated prosecutions personally, to the modern system where prosecutors evaluate police findings and file criminal complaints. It defines prosecution as the process of bringing accusations before a court to determine guilt or innocence, and notes that prosecutors are officers of the court but members of the executive branch. The role of prosecutors includes evaluating police reports, filing charges, and prosecuting alleged offenders in court on behalf of the people.

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    TOPIC-8-PCJS

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    The document discusses the history and evolution of prosecution, from its origins in England where victims initiated prosecutions personally, to the modern system where prosecutors evaluate police findings and file criminal complaints. It defines prosecution as the process of bringing accusations before a court to determine guilt or innocence, and notes that prosecutors are officers of the court but members of the executive branch. The role of prosecutors includes evaluating police reports, filing charges, and prosecuting alleged offenders in court on behalf of the people.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    6 views2 pages

    Topic 8 PCJS

    Uploaded by

    maynard pascual
    The document discusses the history and evolution of prosecution, from its origins in England where victims initiated prosecutions personally, to the modern system where prosecutors evaluate police findings and file criminal complaints. It defines prosecution as the process of bringing accusations before a court to determine guilt or innocence, and notes that prosecutors are officers of the court but members of the executive branch. The role of prosecutors includes evaluating police reports, filing charges, and prosecuting alleged offenders in court on behalf of the people.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    TOPIC 8

    Prosecution Pillar Evolution of Prosecution


    Overview of Prosecution

    OBJECTIVES:
    At the end of the lesson, the students are expected to:
    ● Discuss investigations conducted by Police.
    ● differentiate Interview from Interrogation

    TEACHING-LEARNING ACTIVITY/LESSON PROPER


    HISTORY OF PROSECUTION
    ● The origin of the office of the prosecutor is found hundreds of years ago in the jurisprudential development and the common
    law of England.
    ● The general term attornatus was used in England official documents in the Middle Ages to mean anyone who appeared for
    another as a pleader, attorney, or essoiner.
    ● The earliest laws of England defined crimes as being committed against a particular individual, not against the state. The
    original prosecutor was a victim or an individual representing a victim who stepped forward personally to initiate the
    prosecution of the alleged offender.

    ● Originally all crimes were torts; thus in early common law, any injury, whether to person or property, was a tort. (A tort
    today is an injury to an individual that is not an offense against the state). Later, the injury was considered an offense
    against the state.
    ● During the reign of Edward IV (1461-1483), William Husse was appointed attorney general of England.

    ● Henry VIII (1509-1547) eliminated the vengeance prosecution system and in its stead provided a system of “sergeants”,
    who were required to act as police prosecutors and to enforce penal statutes. These sergeants were later to become well
    trained in the law.

    PROSECUTION DEFINED

    ● Prosecution is the process or method whereby accusations are brought before the court of justice to determine the guilt or
    innocence of the accused.
    ● Serving as the lawyer of the State/government in criminal cases, the prosecutor is automatically considered an officer of the
    court; at the same time, he is formally a member of the Department of Justice, under the Executive branch of the
    Government, and thus independent from the judiciary.

    ● The prosecution service is made up of Provincial and City Public Prosecutors under the National Prosecution Service
    (NPS). They perform to types of prosecutorial powers; investigatory and prosecutory such as:
    ● They evaluate the police findings referred to them, or other complaints filed directly with them by individual
    persons (e.g. government officers in charge of enforcement of law violated);
    ● They file corresponding INFORMATION OR CRIMINAL COMPLAINTS in the proper courts on the basis of their
    evaluation of the proofs at hand; and
    ● They prosecute the alleged offenders in court, in the name of the People of the
    Philippines.

    THE PROSECUTOR AND THE POLICE


    1. Prosecutorial discretion typically enters the picture immediately after the arrest, when the police investigative
    reports are forwarded to the prosecutor for review.
    2. The prosecutor screens and evaluates the document in order to decide whether to accept or reject the case for
    prosecution.
    3. The action of the prosecution is dependent upon the police initiatory action, whereby the criminal justice system
    relies on the:
    a) certainty of the arrest by the police.
    b) certainty of conviction by an effective prosecution.
    c) certainty of appropriate sentencing by the court.

    NAME: _________________________________________ Score: ____________


    Year & Section: __________________________________ Date: ____________
    ENHANCEMENT
    ACTIVITY/OUTCOME
    Activity 1.
    Aside from the Public Prosecutors, there are also other prosecuting bodies
    that are involved in special cases. Research at least five (5) other prosecuting bodies.

    Activity 2. The Role of the Prosecutor.


    Identify the roles of prosecutors by comping up
    with word/s/phrase/s that starts with each letter comprising the term PROSECUTOR.

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