Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

1-1 > Crim Law part 2 > Flashcards

Crim Law part 2 Flashcards

1
Q

Complex Crime Proper

A

when an offense is a necessary means for committing the other (ex. estafa through falsification)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Compound Crime

A

When a single act constitutes 2 or more grave or less grave felonies
(Act of throwing hand grenade constitutes multiple counts of murder)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Reason for compound crimes

A

Instead of the accused suffering total penalty of 2 or more offenses, the accused suffers just 1 in its maximum penalty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Special Complex Crimes (composite)

A

Composed of 2+ crimes that the law treats as a single and indivisible unique offense

Specific crime with specific penalty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Composite vs Compound

A
  1. As to offense
    -Composite: fixed by law
    -Compound: offenses are general
  2. As to penalty
    -Composite: Specific
    -Compound: Corresponds to most serious offense in its maximum
  3. As to light felonies
    Composite: Light felonies are absorbed
    Compound: Light felonies are filed in separate information
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Justifying Circumstances (8 DDDNDOB)

A

Self-defense
Defense of a relative
Defense of a stranger
State of necessity
Fulfillment of a duty
Obedience to a lawful order
Battered Woman Syndrome

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Self-defense (URL)

A
  1. Unlawful aggression from victim
  2. Reasonable necessity of the means employed
  3. lack of sufficient provocation on the person defending himself
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Retaliation vs Self-defense

A

In retaliation, the unlawful aggression has ended
in self-defense, the unlawful aggression is still in progress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Defense of a relative

A
  1. Unlawful aggression
  2. Reasonable necessity of means employed
  3. if provocation is by person attacked, the one defending himself had no part therein

SADBro/SAC4

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Defense of a stranger

A
  1. U
  2. R
  3. defender not induced by revenge, resentment or any other motive
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Battered Woman Syndrome and effect

A

pattern of psychological and behavioral symptoms found in women living in a battering relationship as a result of cumulative abuse

Does not incur any criminal or civil liability notwithstanding lack of elements under self-defense

Must reach acute battering phase atleast twice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Stages of Battered Woman Syndrome

A
  1. Tension Building Phase
    -Minor battering occurs, could be slight physical/verbal abuse
    Woman tries to pacify behavior through kind and nurturing behavior or just avoid batterer
  2. Acute Battering Incident
    -Characterized by brutality, destructiveness or even death
    -Only batterer may end violence
  3. Tranquil phase
    -Couple experiences profound relief
    -Batterer shows tender and nurturing behavior in order to make up for being viciously cruel
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Age of criminal responsibility

A

A child below 15 the years of age shall be exempt from criminal liability

A child above 15 but below 18 is exempt from criminal liability if he acted w/o discernment

A child above 15 but below 18 is not exempt from criminal liability if he acted w/ discernment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Exempting Circumstances (ICA IUI)

A

A crime is committed but no criminal liability arises but civil liability is still incurred

Imbecile/Insane
Criminal Age
Accident
Irresistible Force
Uncontrollable Fear
Insuperable or lawful cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Insanity and Imbecility

A

Imbecile - Mental age of 2-7
Insanity - Complete deprivation of intelligence; must be insane during commission of offense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Discernment

A

A capacity of the child at the time of the commission of the offense to know right and wrong

17
Q

Accident

A

1 Person performing a lawful act
2 With due care
3 Causes injury to another by grave accident
4 without fault or intention of committing it

18
Q

Irresistible Force

A

1 Compulsion by means of physical force
2 physical force is irresistible
3 Physical Force comes from a third person

19
Q

Uncontrollable Fear

A

1 Existence of uncontrollable fear
2. fear is real and imminent
3 fear of injury is greater to or equal to act committed

20
Q

Irresistible Force vs Uncontrollable Fear

A

Force - employs physical violence/force to compel another to commit a crime

Fear -employs intimidation/threat to compel another to commit a crime

21
Q

Actus me invito factus non est meus factus

A

Act done by me against my will is not my act

22
Q

Insuperable/Lawful Cause

A
  1. Act required by law to be done
  2. Person fails to perform such act
  3. failure to perform act due to lawful / insuperable cause
23
Q

Justifying v Exempting

A
  1. As to crime
    J - No crime committed
    E - Crime is committed
  2. As to liability
    J - No Civil and Criminal Liability
    E - No Criminal Liability (except p. 4&7 Art 12)
24
Q

Ordinary vs Privileged Mitigating Circumstance

A
  1. As to reduction
    O - sets penalty to minimum
    P - sets penalty a degree lower
  2. As to offsets
    O - Can be offset by Aggravating Circumstances
    P - Cannot be offset by aggravating circumstances
25
Q

Incomplete Justifying/Exempting Circumstance

A
  1. In cases of Self-defense but either R or L is lacking
  2. Offender is 15-18 but acted with discernment
  3. Offender is over the age of 70
26
Q

Praeter Intentionem

A

Notable and evident disproportionality between means employed to execute criminal act and its consequences

27
Q

Sufficient Provocation or Threat

A
  1. Provocation must be sufficient
  2. Originate from offended party (victim)
  3. Provocation must be immediate to act
28
Q

Vindication of grave offense

A
  1. Grave offense to be done to one committing the felony or his SAD-Bro/SA
  2. Felony done in vindication of grave offense (time lapse is allowed between vindication and grave offense.
29
Q

Provocation vs Vindication

A
  1. As to act against
    P - Done directly to person committing the offense
    V - grave offense can be against perpetrator or SAD-Bro/SA
  2. As to act
    P - victim need not have committed a grave offense
    V - needs to be grave offense
  3. As to time between
    P- must be immediately after act
    V - admits of interval of time between vindication and grave offense
30
Q

Passion/Obfuscation

A
  1. Accused acted on impulse
  2. impulse so powerful that it produced passion/obfuscation
  3. act not removed from commission of crime by a considerable amount of time (24 hours)
31
Q

Voluntary Surrender

A
  1. Offender hadn’t been actually arrested
  2. Offender had surrendered himself to a person of authority
  3. Surrender was voluntary
32
Q

When is surrender voluntary

A
  1. acknowledgement of guilt
  2. intention of saving the authorities the trouble and expense that his search and capture would require
33
Q

Plea of guilty

A
  1. Offender spontaneously confessed his guilt
  2. Confession made in open court
  3. guilt was made prior to presentation of evidence by prosecution
34
Q

Plea of guilty

A
  1. Offender spontaneously confessed his guilt
  2. Confession made in open court
  3. guilt was made prior to presentation of evidence by prosecution

1-1 (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions