Chapter 3: Flashcards by Joan Baludbod

the study of the meaning crime in terms of law it is the set rules and Regulation that every person should follow.

Sociology of Law

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Types of Sociology of Law

Divine law
Natural law;and
Statutory law

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branch or division of law which defines crimes, treats of their nature, and provides for their punishment-

Criminal Law

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It deals with the general principles of criminal law, computation of penalties,extinguishment of penalties, among others.

Revised Penal Code Book 1

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It deals with different crimes, together with their elements and corresponding penalty.

Revised Penal Code Book 2

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Purpose Criminal Law

Retribution
Deterrence
Social control
Punishment
Equity

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means The act itself does not make a man guilty Unless his intention were so.

“Actus non facit reum nisi mens sit rea”

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means An act done by me against my will is not my act.

“Actus me invito factus non est meus actus”

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means He who is the cause of The cause is the cause of the evil caused.

“El que es causa de la causa es causa del mal causado”

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means There is no crime if there is no law that punishes the act.- principle of logomacy

“Nullum crimen, nulla poena sine lege”

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means Damage without injury.

“Damnum Absque Injuria”

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Means The Law may be harsh but it is the Law.

“Dura lex sed Lex.”

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Characteristics of Criminal Law

General
Territorial;and
Prospective

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The exemption to the general characteristics of Criminal Law

Treaties or treaty stipulation
Law of preferential application;and
Principle of Public International law

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What are the rules as to the jurisdiction over crimes committed abroad foreign merchant vessel?

French rule;and
English rule

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3 classification of crime

Felony
Offense;and
Violation or obstruction of ordinance

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Reason why must members of society be interested in crimes

Crime is pervasive
Crime is expensive
Crime is destructive
Crime is reflective
Crime is progressive

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Crime as an associate of society affects almost all people.

Crime is pervasive

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the government and private sector spend an enormous amount of money for crime detection, prosecution, correction and prevention.

Crime is expensive

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those spent by government or private sector for the maintenance or the police and security guards for crime detection, prosecution and judiciary, support of prison systems.

Direct expenses

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those expenses utilized to prevent the commission of crimes like the construction of window grills, fences, gate, purchase of door locks safety vaults, hiring of watchmen, feeding of watchdog, etc.

Indirect expenses

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many lives and properties have been lost and destroyed.

Crime is destructive

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crime rate or incidence in a given locality is reflective of the effectiveness of the social defenses employed by the people primarily of the police system.

Crime is reflective-

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increase in the volume of crime is on account of the over increasing population.

Crime is progressive

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Different stage of crime

Consummated felony Frustrated felony;and Attempted felony

Kinds of complex crimes

Complex crime proper;and Compound crime

According to the result of crime

Acquisitive crime;and Extinctive crime

According to the time or period of the commission of the crime

Seasonal crime;and Situational crime

According to the length of time of the commission of the crime

Instant crime;and Episodic crime

According to the place or location

Static crime;and Continuing crime

According to the use of mental faculties

Rational crime;and Irrational crime

According to the type of offender

White-collar crime;and Blue-collar crime

According to the standard of living of a criminals

Crime of the upper;and Crime if the underworld

On the basis of etiology

A cute criminals; Chronic criminals

On the basis of behavioral system

Ordinary criminals Organized criminals;and Professional criminals

Criminal classified as a basis of mental attitudes

Active aggressive criminals; Passive inadequate criminals; Socialized delinquent

the offender acquires something. Ex. Theft, robbery

Acquisitive crime

- the consequence of the act is destructive. Ex. Murder, homicide, arson

Extinctive crime

Committed during a certain period of the year. Ex. violation of tax

Seasonal crime

Committed only when the situation is conducive to it's commission

Situational crime

Committed in the shortest possible time

Instant crime

Committed by a series of acts in a lengthy space of time.Ex. kidnapping

Episodic crime

Committed only in only one place

Static crime

Committed in several places

Continuing crime

Committed with intent and the offender is in full possession of his sanity

Rational crime

committed by an offender who does not know the nature and quality of his act on account of the disease of the mind

Irrational crime

committed by a person belonging to the upper socio- economic class in the course of his occupational activities

White-collar crime

committed by ordinary professional criminal to maintain his livelihood

Blue-collar crime

this are crime committed by the respectable members of the society

Crime of the upper-

crime committed w/c ordinary in nature.

Crime of the underworld

persons who violate criminal law because of the impulse of

A cute criminal

persons who acted in consonance with deliberated thinking, such

Chronic criminals

persons whose actions arise from the intra-psychic conflict between the social and anti-social components of his personality. ID EGO Superego

Neurotic criminals

persons whose psychic organization resembles that of a normal individual except that he identifies himself with criminal prototype.

Normal criminals

the lowest form of criminal career; they engage only In conventional crimes which require limited skill

Ordinary criminals

these criminals have a high degree of organization that enables them to commit crimes without being detected and committed to specialized activities which can be operated in large scale businesses.

Organized criminals

these are highly skilled and able to obtain considerable amount of money without being detected because of organization and contact with other professional criminals.

Professional criminals

those who earn their living through criminal activities.

Professional criminals

Those who commit criminal acts as a result of unanticipated Circumstance

Accidental criminals

those who continue to commit criminal acts for such diverse reasons due to deficiency of intelligence and lack of control.

Habitual criminals

those who are actually not criminals but get in trouble with legal authorities because they commit crimes Intermixed with legitimate economic activities.

Situational criminals

those who commit crime in an impulsive manner usually due to the aggressive behavior of the offender. Such attitude is clearly shown in crimes of passion, revenge and resentments.

Active aggressive criminal

those who commit crimes because they are pushed to it inducement, by reward or promise without considering its consequence. They are called by "ulukan."

Passive inadequate criminal

those who are normal in their behavior but merely defective in their socialization processes. To this group belongs the educated respectable member of society who may turn criminal on account of the situation they are involved.

Socialized delinquent

Crimes committed by means of deceit/malice(dolo)

Intentional Crimes

Crime committed by means of fault (culpa)

Culpable Crimes

The purpose of this is to use particular means to affect a definite results

Intent

It is the moving power which impels one to action

Motive

those to which the law attaches the capital punishment or penalties which in their periods are afflictive

Grave Felonies

those which the law punishes with penalties which in their maximum period are correctional

Less Grave Felonies

those infractions of law for the commission of which penalty of arrest minor or a fine not exceeding forty thousand pesos or both

Light Felonies

An act adjusting the amount or the value of property and damage on which a penalty is based, and the fines imposed under the Revised Penal Code,

Republic Act No. 10951

Otherwise known as "The Revised Penal Code,"

Act no. 3815

those so serious in their effects on society as to call from almost unanimous condemnation from its members

Crimes mala inse

violations of mere rules of convenience designed to secure a more orderly regulation of the affairs of society

crimes mala prohibita

It generally punishable under the Revised Penal Code,

Crimes mala inse

generally punishable under special laws

crimes mala prohibita

those that can be consummated at an instant.

Formal Crimes

They have no attempted or frustrated stage.

Formal Crimes

those with attempted, frustrated and consummated stages.

Material crimes

a single act constitute only one offense.

Simple Crime

when single act constitute two or more grave or less grave felonies or when an offense is a necessary means for committing the other

Complex Crime

Chapter 3: Flashcards

(82 cards)