Chapter 3 Flashcards by Jyn Jasmin Lagunero

division of criminology which attempt to offer scientific analysis of the conditions
under which penal or criminal laws develop as a process of formal social control. It
refers to both a sub-discipline of sociology and an approach within the field of legal
studies.
It is also a diverse field of study which examines the interaction of law with other aspects
of society: such as the effect of legal institutions, doctrines and practices on other social
phenomena and vice-versa

Sociology of Law

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King Dungi of Sumer (an area that is part of present-day Iraq)
is credited with developing one of the first legal codes in about 2000 B.C

King of Hammurabi

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According to tradition, God entered into
a covenant or contract with the tribes of Israel in which they agreed to obey his law as
presented to them by Moses, in return for God’s special care and protection.

Mosaic Code of Israelites

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The Decemviri Consulari
Imperio Legibus Scribundis, a special commission of ten noble Roman men, formulated
the Twelve Tables in response to pressure from the lower classes, who were referred to
as plebeians. The plebeians believed that an unwritten code gave arbitrary and unlimited
power to the wealthy classes, known as patricians, who serve as magistrates. Later,
Emperor Justin of Rome appointed twelve experts to review the Law of the Twelve Tables.
In 529 A.D., Roman Emperor Justin put the Justinian Code into effect.

Roman law contained in the Twelve Tables

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based on
judge decisions. Judges would decide cases, and future cases would be decided based
on those previous decisions. This system known as stare decisis (Latin for “to stand by
decided cases”), was used by the early courts to determine the outcome of criminal cases.
The present English system, which still relies on common law, has come to existence
during the reign of Henry II (1154-1189). However, common law is not applicable in the
Philippines. The Supreme Court once held, “xxx unless there be a particular provision in
the penal code or special law that defines and punishes the act, even if it be socially or
morally wrong, no criminal liability is incurred by its commission

The Common Law

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Stare Decisis

“to stand by
decided cases”

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defined as that part of the law
which creates, defines and regulates rights, or which regulates the rights and
duties which give rise to a cause of action.

Substantive Law

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branch or division of law which defines crimes,
treats of their nature, and provides for their punishment. Under
Philippine laws and jurisprudence, the Revised Penal Code (Act no.
3815) is the source of penal laws as well as special laws enacted by
Congress. In Cabelic vs. Geronimo, it was held that “[t]he Revised Penal
Code is a substantive law xxx.”

Criminal law

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defined as the mass of precepts which determines and regulates
those relations of assistance, authority and obedience existing among
members of a family as well as among members of society for the protection of
private interests (1 Sanchez Roman 70).

Civil law

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are rooted in core values by many cultures. Natural laws protect against
harm to persons or property and form the basis of common law systems

Natural law

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are enacted by legislatures and reflect current cultural
mores, albeit that some laws may be controversial, e.g laws that prohibit marijuana use
and gambling.

Statutes (statutory law)

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the law of God.

Divine law

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t committed or omitted in violation of
a law forbidding or commanding it. Societies enacted laws to criminalize acts that are
viewed to be deviant or offensive to their moral sense.

Crime

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nullum crimen nulla poena sine lege

There’s no crime if there’s no law punishing it

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refers to an act
or omission punishable under Act No. 3815 or the Revised Penal Code

Felony

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pertains to an act or omission punishable by special law. T

Offense

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crimes are those so
serious in their effects on society as to call for almost
unanimous condemnation of its members; xxx when the acts
are inherently immoral,

Crime Mala inse

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violations of mere
rules of convenience designed to secure a more orderly
regulations of the affairs of society. Further, mala prohibita
refers generally to acts made criminal by special laws.

Crime mala prohibita

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is an overt or external act

Act

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failure to perform a duty required by law

Omission

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it refers to the moving power which impels one to act for a definite result.

Motive

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refers to the purpose of a particular means to affect
such result

Intent

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not an element of crime.

Motive

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refers to the chance or time given to the offender in committing a
crime.

Opportunity

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refers to the use of materials or other means in the commission of a crime

Instrumentality

refers to the physical capability of a person to perpetrate a crime.

Capability

any crime committed by an individual from a lower social class

Blue collar crime

which is associated with crime committed by individuals of a higher social class.

White Collar Crime

refers to crimes committed either by a corporation (i.e., a business entity having a separate legal personality from the natural persons that manage its activities), or by individuals that may be identified with a corporation or other business entity.

Corporate crime

Are groups or operations run by criminals, most commonly for the purpose of generating a monetary profit.

Organized crime or criminal organization

one involving overt acts or omissions (where there is a duty to act), which prejudice the interests of the state, its government or the political system. At one extreme, crimes such as treason, sedition, and terrorism are political because they represent a direct challenge to the government in power.

Political crime

crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e. it is behaviour that has been labelled criminal because it is contrary to shared norms, social values, and customs.

Public order crime

activity or failures to act that break the state's own criminal law or public international law.

State crime

refers to crimes that result from the relationship between the policies of the state and the policies and practices of commercial corporations.

State-corporate crime

defined by Edwin Sutherland "...as a crime committed by a person of respectability and high social status in the course of his occupation.

White Collar Crime

a behavior of an individual which is forbidden by law, but which neither violates nor significantly threatens the rights of other individuals.

Victimless Crime

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 are 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

is an act committed or omitted in violation of public law forbidding or commanding it.

Crime

branch or division of law which defines crime, treats of their nature, and provides for their punishment.

Criminal law

it provides that criminal law is binding on all persons who live or sojourn in the Philippine territory

Generality

states that criminal laws undertake to punish crimes committed within the Philippine territory with the exceptions provided within the Article 2 of the revised penal code.

Territoriality

the penal law cannot make an act punishable in a manner in which it was not punishable when committed (ex post facto law). Thus, crimes are punished under the laws in force at the time of their commission.

Prospectivity

commonly known as the Revised Penal Code it became effective since

January 1, 1932

was promulgated in 1433

Code of Kalantiao

If it is done with deliberate intent. Requisites: a.Freedom b.Intelligence c. Intent

By means of dolo or Deceit (intentional felony)

the wrongful act resulted from imprudence (deficiency of action) or negligence (deficiency of perception). Requisites: a.Freedom b.Intelligence c. Lack of skill or lack of foresight

By means of Culpa or Fault (culpable felony)

involves lack of skill

Imprudence

involves lack of foresight.

Negligence

• Offender commences the felony directly by overt acts. • Does not perform all acts which would produce the felony. • His acts are not stopped by his own spontaneous desistance

Attempted crime

• Offender performs all the acts of execution. • All these acts would produce the felony as a consequence. • But the felony is not produced. • By reason of causes independent of the will of the perpetrator

Frustrated crime

when all the elements necessary for its execution and accomplishment are present.

Consummated crime

single act constitute only one offense.

Simple crime

when single act constitute two or more grave or less grave felonies (Compound Crime) or when an offense is a necessary means for committing the other (Complex Crime Proper)

Complex crime

If the law attaches Capital punishment and Afflictive penalties and the fine exceeds P6,000.00

Grave felonies

Correctional penalties and if the fine not to exceed 6k and not less than 200.

Less grave felonies

Arresto Menor (1 day to 30 days) and the fine is less than 200

Light felonies

when the offender acquires something as a consequence of his criminal acts.

Acquisitive crime

when the end result of a criminal act is destructive.

Extinctive crime

those committed only during a certain period of the year like violation of tax law.

Seasonal crime

those committed only when given the situation conducive to its commission.

Situational crime

those committed in a shortest possible time.

Instant crime

those committed by a series of act in a lengthy space of time.

Episodic crime

those committed in one place

Static crime

those committed in several places

Continuing

if the crime is committed with intent and the offender is in full possession of his sanity during the commission of crime

Rational crime

committed if the person does not know the nature and quality of hs act due to mental disease.

Irrational crime

those committed by person of respectability and upper socioeconomic class in the course of their occupation activities.

White Collar Crime

those committed by ordinary professional criminal to maintain their livelihood.

Blue collar crime

falsification cases

Crime of the upper world

Bag snatching

Crime of the under world

person has been proven guilty.

Legal viewpoint

crime exists when it is reported.

Scientific view point

person who has violated the penal law and has been found guilty of the crime charges upon observing of the standard judicial procedure.

Criminal

person who committed an act that is not in conformity with the norms of society

Delinquent

person who violate criminal law because of the impulse of the moment, fit of passion or anger or spell of extreme jealousy.

Acute criminal

person who acted in consonance with deliberate thinking,

Chronic criminal

person whose action arise from intra-psychic conflict between the social and anti-social components of his personality. Ex. Kleptomania

Neurotic criminal

person whose psychic organization resembles that of normal individuals except that he identified himself with criminal prototype.

Normal criminal

caused by an organic pathological process

Criminality

lowest form of criminal career, they engage only on conventional crimes which require limited skill and they lack organization to avoid arrest and convictions.

Ordinary crime

these criminal has a high degree of organization to enable them to commit crimes without being detected and committed to specialized activities which can be operated in large scale business such as racketeering, control of gambling, prostitution and distribution of prohibited drugs.

Organized criminal

they are highly skilled and able to obtain considerable amount of money without being detected because of organization and contract with other professional criminals. These offenders are always able to escape conviction. They specialize in the crime which requires skill games, pick-pocketing, shoplifting sneak thievery counterfeiting and others.

Professional criminal

those who earn their living through criminals activities

Professional criminal

those who commit criminal acts as a result of unanticipated circumstances

Accidental criminal

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

Habitual criminal

those who are actually not criminals but constantly in trouble with legal authorities because they commit robberies, larcenies, and embezzlement which are intermixed with legitimate economic activities

Situational criminal

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 by inducement, by reward or promise without considering its consequence. They are called “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