Chapter 3: Flashcards
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
Types of Sociology of Law
Divine law
Natural law;and
Statutory law
branch or division of law which defines crimes, treats of their nature, and provides for their punishment-
Criminal Law
It deals with the general principles of criminal law, computation of penalties,extinguishment of penalties, among others.
Revised Penal Code Book 1
It deals with different crimes, together with their elements and corresponding penalty.
Revised Penal Code Book 2
Purpose Criminal Law
Retribution
Deterrence
Social control
Punishment
Equity
means The act itself does not make a man guilty Unless his intention were so.
“Actus non facit reum nisi mens sit rea”
means An act done by me against my will is not my act.
“Actus me invito factus non est meus actus”
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”
means There is no crime if there is no law that punishes the act.- principle of logomacy
“Nullum crimen, nulla poena sine lege”
means Damage without injury.
“Damnum Absque Injuria”
Means The Law may be harsh but it is the Law.
“Dura lex sed Lex.”
Characteristics of Criminal Law
General
Territorial;and
Prospective
The exemption to the general characteristics of Criminal Law
Treaties or treaty stipulation
Law of preferential application;and
Principle of Public International law
What are the rules as to the jurisdiction over crimes committed abroad foreign merchant vessel?
French rule;and
English rule
3 classification of crime
Felony
Offense;and
Violation or obstruction of ordinance
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
Crime as an associate of society affects almost all people.
Crime is pervasive
the government and private sector spend an enormous amount of money for crime detection, prosecution, correction and prevention.
Crime is expensive
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
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
many lives and properties have been lost and destroyed.
Crime is destructive
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-
increase in the volume of crime is on account of the over increasing population.
Crime is progressive
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