Battered Woman Syndrome Flashcards
a woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to do something he wants her to do without concern for her rights.
BATTERED WIFE
What are the cycles of violence in BWS?
Tension Building Stage
Acute Battering Incident
Tranquil or loving phase
where minor battering occurs
Tension Building Stage
characterized by brutality, destructiveness and death
Acute Battering Incident
The batterer shows loving caring nurture to the victim
Tranquil or loving phase
are those grounds for exemption from punishment because there is wanting/missing in the agent of the crime any of the conditions which make the act voluntary or negligent
EXEMPTING CIRCUMSTANCES
QUICK ENUMERATION OF EXEMPTING CIRCUMSTANCES
- Imbecility; Insanity
- A person under 9
- A person over 9 and under 15 unless he has acted with discernment.
- Accident
- Uncontrollable fear
- Lawful or insuperable cause.
unless the latter has acted during a lucid interval.
IMBECILITY OR INSANITY
A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code. (Repealed by RA 9344
MINORITY
Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.
ACCIDENT
Any person who act under the compulsion of irresistible force
IRRESISTIBLE FORCE
Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury
UNCONTROLABLE FEAR
Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause
LAWFUL OR INSUPERABLE CAUSE
A person advanced in age but has a mental capacity equivalent to that of a child between 2 to 7 years old, which makes him exempted from criminal liability
IMBECILE
One which exists when there is a complete deprivation of intelligence in committing the criminal act, that is the accused is deprived of reason and acts without the least discernment.
INSANITY
the mental capacity of a minor to distinguish between right from wrong and to fully appreciate the consequences of his felonious acts.
DISCERNMENT
a force which produces such an effect upon an individual that, in spite of all resistance, it reduces him to a mere instrument and as such incapable of committing a crime
IRRESISTIBLE FORCE
presupposes that the accused is compelled by means of threat or intimidation by a third person to commit a crime
UNCONTROLLABLE FEAR
This refers to some motive which has lawfully, morally, or physically prevented one to do what the law commands
LAWFUL OR INSUPERABLE CAUSE
Those where the act of a person is technically a crime, but because of public policy, there is no penalty imposed.
ABSOLUTORY CAUSES
ENUMERATION OF ABSOLUTORY CAUSES UNDER THE RPC
- Art 247. Death or physical injuries under exceptional circumstances
- Art. 280 (3) trespass
- Art. 332. Persons exempt from criminal liability
- Art. 20. Accessories exempted
- Art. 6 on spontaneous desistance
- Instigation
One which takes place when a peace officer induces a person to commit a crime. Without the inducement, the crime would not be committ exempts one from criminal liability.
Instigation
Ways and means are resorted to for the purpose of trapping and capturing the lawbreaker in the execution of his plans
ENTRAPMENT
Here, the police practically induces the accused into the commission of the offense and he himself becomes a co principal in the crime.
INSTIGATION
The intent to violate the law originated from the accused himself.
ENTRAPMENT
The intent to violate the law did not originate from the accused as he was induced only by the police to perform a criminal act
INSTIGATION
Not an absolutory cause hence does not exempt from criminal liability
ENTRAPMENT
Those which if present in the commission of a crime, do not entirely free the actor from criminal liability but reduces only the penalty.
MITIGATING CIRCUMSTANCES
