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CRIM 1 > Chapter 3 > Flashcards

Chapter 3 Flashcards

1
Q

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

A

Sociology of Law

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2
Q

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

A

King of Hammurabi

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3
Q

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.

A

Mosaic Code of Israelites

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4
Q

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.

A

Roman law contained in the Twelve Tables

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5
Q

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

A

The Common Law

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6
Q

Stare Decisis

A

“to stand by
decided cases”

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7
Q

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.

A

Substantive Law

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8
Q

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.”

A

Criminal law

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9
Q

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).

A

Civil law

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10
Q

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

A

Natural law

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11
Q

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.

A

Statutes (statutory law)

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12
Q

the law of God.

A

Divine law

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13
Q

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.

A

Crime

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14
Q

nullum crimen nulla poena sine lege

A

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

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15
Q

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

A

Felony

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16
Q

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

A

Offense

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17
Q

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,

A

Crime Mala inse

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18
Q

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.

A

Crime mala prohibita

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19
Q

is an overt or external act

A

Act

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20
Q

failure to perform a duty required by law

A

Omission

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21
Q

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

A

Motive

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22
Q

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

A

Intent

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23
Q

not an element of crime.

A

Motive

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24
Q

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

A

Opportunity

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25
Q

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

A

Instrumentality

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26
Q

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

A

Capability

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27
Q

any crime committed by an
individual from a lower social class

A

Blue collar crime

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28
Q

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

A

White Collar Crime

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29
Q

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.

A

Corporate crime

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30
Q

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

A

Organized crime or criminal organization

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31
Q

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.

A

Political crime

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32
Q

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.

A

Public order crime

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33
Q

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

A

State crime

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34
Q

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

A

State-corporate crime

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35
Q

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

A

White Collar Crime

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36
Q

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

A

Victimless Crime

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37
Q

Crime as an associate of society affects almost all people.

A

Crime is pervasive

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38
Q

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

A

Crime are expensive

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39
Q

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.

A

Direct expenses

40
Q

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.

A

Indirect expenses

41
Q

many lives and properties have been lost and destroyed.

A

Crime is destructive

42
Q

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.

A

Crime is reflective

43
Q

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

A

Crime is progressive

44
Q

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

A

Crime

45
Q

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

A

Criminal law

46
Q

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

A

Generality

47
Q

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.

A

Territoriality

48
Q

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.

A

Prospectivity

49
Q

commonly known as the Revised Penal Code it became effective since

A

January 1, 1932

50
Q

was promulgated in 1433

A

Code of Kalantiao

51
Q

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

A

By means of dolo or Deceit (intentional felony)

52
Q

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

A

By means of Culpa or Fault (culpable felony)

53
Q

involves lack of skill

A

Imprudence

54
Q

involves lack of foresight.

A

Negligence

55
Q

• 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

A

Attempted crime

56
Q

• 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

A

Frustrated crime

57
Q

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

A

Consummated crime

58
Q

single act constitute only one offense.

A

Simple crime

59
Q

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)

A

Complex crime

60
Q

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

A

Grave felonies

61
Q

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

A

Less grave felonies

62
Q

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

A

Light felonies

63
Q

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

A

Acquisitive crime

64
Q

when the end result of a criminal act is destructive.

A

Extinctive crime

65
Q

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

A

Seasonal crime

66
Q

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

A

Situational crime

67
Q

those committed in a shortest possible time.

A

Instant crime

68
Q

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

A

Episodic crime

69
Q

those committed in one place

A

Static crime

70
Q

those committed in several places

A

Continuing

71
Q

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

A

Rational crime

72
Q

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

A

Irrational crime

73
Q

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

A

White Collar Crime

74
Q

those committed by ordinary professional criminal to maintain their
livelihood.

A

Blue collar crime

75
Q

falsification cases

A

Crime of the upper world

76
Q

Bag snatching

A

Crime of the under world

77
Q

person has been proven guilty.

A

Legal viewpoint

78
Q

crime exists when it is reported.

A

Scientific view point

79
Q

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

A

Criminal

80
Q

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

A

Delinquent

81
Q

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

A

Acute criminal

82
Q

person who acted in consonance with deliberate thinking,

A

Chronic criminal

83
Q

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

A

Neurotic criminal

84
Q

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

A

Normal criminal

85
Q

caused by an organic pathological process

A

Criminality

86
Q

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

A

Ordinary crime

87
Q

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.

A

Organized criminal

88
Q

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.

A

Professional criminal

89
Q

those who earn their living through criminals activities

A

Professional criminal

90
Q

those who commit criminal acts as a result of unanticipated
circumstances

A

Accidental criminal

91
Q

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

A

Habitual criminal

92
Q

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

A

Situational criminal

93
Q

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.

A

Active aggressive criminal

94
Q

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

A

Passive inadequate criminal

95
Q

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.

A

Socialized delinquent

CRIM 1 (4 decks)

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