(Criminology3) HUMAN BEHAVIOR AND VICTIMOLOGY Flashcards
What is death?
Failure of vital functions and termination of life
Includes concepts like demise, departure from life, and extinction.
What are the two general kinds of death?
- Natural Death
- Violent or Unnatural Death
Define Natural Death.
Death caused solely by disease and/or the aging process.
Define Violent or Unnatural Death.
Death resulting from external causes such as homicides, accidents, and suicides.
What is the legal classification of death under the Revised Penal Code?
- Parricide
- Murder
*Homicide
*Infanticide
What are the requisites of the crime of Parricide?
- A person was killed by the offender
- The victim was a father, mother, child, or other legitimate ascendants or descendants.
What are the requisites of the crime of Murder?
- The offender killed the victim
- The killing is attended by qualifying aggravating circumstances
- There was intent to kill
- The killing is not parricide or infanticide
What are some qualifying aggravating circumstances in murder?
- Use of superior strength
- Treachery
- Consideration of a price, reward, or promise
- Use of means to ensure impunity
Fill in the blank: A violent death is either ______ or criminal.
accidental
What does ‘with evident premeditation’ imply in the context of murder?
The offender planned the killing beforehand.
True or False: A violent death can only occur through intentional acts.
False
What does the term ‘cruelty’ refer to in the context of murder?
Deliberately and inhumanly augmenting the suffering of the victim.
List some methods that could qualify as means of murder.
- Poison
- Explosion
- Shipwreck
- Use of motor vehicles
- Fire
What is the significance of ‘taking advantage of superior strength’ in murder cases?
It constitutes a qualifying circumstance that aggravates the crime.
What occurs when a physician declares a person has expired?
The moment of death is declared, and early signs of death are present.
These signs include pale face and lips, flaccid muscles, relaxed sphincters, dropped lower jaw, open eyelids, dilated pupils, and loss of skin elasticity.
What is molecular or cellular death?
It is the death of all individual cells within the body, occurring 2 to 3 hours after somatic death.
The exact time of molecular death cannot be definitively ascertained as it is influenced by factors like previous health state, infection, and cellular nutrition.
What is apparent death or state of suspended animation?
It is a transient loss of consciousness or temporary cessation of vital functions, not actual death.
This condition may arise from hysteria, uremia, catalepsy, or electric shock.
What can happen to a newly born child in a state of suspended animation?
The child may die unless prompt action is taken.
This highlights the importance of recognizing suspended animation to prevent premature burial.
What happens to a person’s civil personality upon death?
It is extinguished by death.
When is a person’s property transmitted to heirs?
At the time of death.
What is one cause of dissolution of a partnership agreement?
The death of a partner.
What is a mode of extinguishment of agency?
The death of either the principal or agent.
What happens to a person’s criminal and civil liability upon death?
It is extinguished by death.
What is the first stage of death investigation?
Actual crime scene investigation performed by the PNP (Philippine National Police).
It includes the appreciation of the crime scene condition and collection of physical evidence.