lesson 1 Flashcards
_______ a body of knowledge regarding crimes, criminals and the efforts of society to prevent and repress them.
CRIMINOLOGY
Any person who is a graduate of the Degree of Criminology, who has passed the examination for criminologists and is registered as such by the Board of Examiners of the Professional Regulation Commission (PRC).
Criminologist (R.A. 6506)
An act regulating the practice of criminology profession in the Philippines , and appropriating funds therefor, repealing for the purpose Republic Act no 6506, otherwise known as an act creating the board of examiners for criminologist in the Philippines.
R.A. 11131
what is the Origin of the word “criminology”?
Latin word “crimen” meaning crime and Greek word “Logos” which means “to study”.
in 1885, who is the Italian Law Professor coined the term criminologia?
Rafaelle Garofalo
In 1889, who is the French Anthropologist?
He used the term criminology in French criminologie for the first time.
Paul Topinard
the scientific analysis of the causes of crimes and the criminal behavior.
Etiology (origin) of Crimes
refers to the study/investigation of the nature of criminal law and its administration.
Sociology of Law
the study of the control of crimes and the rehabilitation of offender.
Penology
is that branch of public law which defines crimes, treats of their nature, and provides for their punishment.
Criminal Law
is criminology a science?
no, according to George Wilker, criminology cannot become a science because it has not yet acquired universal validity.
who is the dean of modern criminology?
Edwin H. Sutherland
what is the 4 types of nature criminology?
applied science
social science
dynamic
nationalistic
criminology as a body of knowledge has already established universally accepted principles and concepts and these are used by other field of study. (INSTRUMENTATION/FORENSIC SCIENCE)
applied cience
it studies crime as a social phenomenon. Crime is a social problem which has a great impact to society.
social science
the concepts of criminology and their applications adapt to the changing time.
dynamic
the study of criminology takes into consideration the history, the culture and the social norms and the laws of the country. Each country has its own set of laws and crimes are defined by the laws of the country.
nationalistic
the study of the relationship between criminality and population.
demography
the study of the relationship between environment and criminality
epidemiology
the study of criminality in relation to the spatial distribution in a community
ecology
the study of criminality in relation to physical constitution of men
physical anthropology
the study of human behavior in relation to criminality
psychology
the study of human mind in relation to criminality
psychiatry
the study of the role of the victim in the commission of a crime
Victimology
is the commission or omission by a person having capacity, of any act, which is either prohibited or compelled by law and the commission or omission of which is punishable by a proceeding brought in the name of the government whose law has been violated.
-It also refers to an act committed or omitted in violation of a public law forbidding or commanding it (Reyes 2006). (Phil. Law Dictionary).
Crime
what is the 3 elements of crime/ triangle of crime?
- desire
- capability
- opportunity
refers to the wanting of the person to commit the crime. A person would commit the crime if he or she decides to commit it.
desire
refers to the ability or the means of the offender to commit the crime. It includes skills, methods and tools that would enable the offender to perform the act of committing the crime.
capability
refers to the physical possibility for the crime to be committed. It is the chance that the offender must have to commit the crime.
opportunity
refers to the physical possibility for the crime to be committed. It is the chance that the offender must have to commit the crime.
opportunity
in the 3 elements of crime, what is being eliminated in all crime prevention measures
opportunity
according to law violated, an act or omission punishable by law which is committed by means of dolo (deceit) or culpa (fault) and punishable under the Revised Penal Code.
felony
according to law violated, if the crime or an act or omission is a violation of a special penal law, what is the violation?
offense
according to law violated, if the crime or an act or omission in violation of a city or municipal ordinance, what is the violation?
infraction
when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. what is the crime?
attempted
when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. what is the crime?
attempted
is some physical activity or deed, indicating the intention to commit a particular crime, more than a mere planning or preparation.
over acts
when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless do not produce it by reason of causes independent of the will of the perpetrator.
Frustrated
when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless do not produce it by reason of causes independent of the will of the perpetrator.
Frustrated
when all the elements necessary for its accomplishment and execution are present
Consummated
is a single act constituting only one offense.
Simple Crime
single act constituting two or more grave felonies or an offense is a necessary means for committing the other (Art 48, RPC)
Complex Crime
two kinds of complex crime:
- compound crime (delito compuesto)
- complex crime proper ( delito complejo)
when a single act constitute two or more grave or less grave felonies
compound crime
when a single act constitute two or more grave or less grave felonies
compound crime
when an offense is a necessary means of committing the other.
complex crime proper
are those to which the law attaches the capital punishment or penalties which in any of their period are afflictive penalties.
Grave felonies
are those which the law punishes with penalties which in their maximum period are correctional penalties.
Less grave felonies
are infraction of laws for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both is provided.
Light felonies
2 types of principal penalties
- afflictive penalities
- correctional penalties
- light penalties
2 types of principal penalties
- afflictive penalities
- correctional penalties
- Light penalties
3 types of Afflictive Penalties:
- Reclusion perpetua – 30 years
- Reclusion temporal – 12 years and 1 day to 20 years
- Prision mayor – 6 years and 1 day to 12 years
2 types of Correctional Penalties:
- prision correctional – 6 months and 1 day to 6 years
- arresto mayor – 1 month and 1 day to 6 months
2 types of Correctional Penalties:
- prision correctional – 6 months and 1 day to 6 years
- arresto mayor – 1 month and 1 day to 6 months
Light Penalties:
arresto menor – one day to 30 days
is a wrong per se, that is , the act is wrong from its very nature. Hence, in its commission, intent is an element and good faith is a defense. They are acts that are inherently evil, wrong, bad. Examples are murder, robbery, etc.
Crimes mala in se
It is a wrong because it is prohibited by law. Without the law punishing the act, it cannot be considered wrong. It is a wrong because there are laws forbidding such acts. Examples are Illegal Possession of firearms, Traffic Violations, etc.
Crimes mala prohibita (malum prohibitum)
if the offender acquired or gained something by committing the crime. Examples are robbery, estafa, bribery, etc.
Acquisitive crime
if the crime resulted in destruction, damage or even death. Examples are arson, murder and homicide, damage to property, etc.
Destructive crime
are crimes that happen only during a particular season or period of the year. Examples are violation of election law, tax law violations, etc.
Seasonal crimes
are crimes committed when the situation is conducive to the commission of the crime and there is an opportunity to commit it. Examples are pickpocketing, theft, etc.
Situational crimes
are those crimes that can be committed in a very short time. Example: theft
Instant crimes
are crimes committed through series of acts or episodes and in much longer time.
Example: serious illegal detention
Episoidal crimes
are committed only in one place. examples are theft and robbery
Static crimes
are crimes that take place in more than one place or several places. examples: abduction, kidnapping, etc.
Continuing crimes
when the offender is capable of knowing what he is doing and understanding the consequences of his actions.
Rational crimes
when the offender suffers from any form of mental disorders, insanity or abnormality. Thus, the offender doesn’t know what he is doing
Irrational Crimes
crimes committed by those persons belonging to the upper socio-economic status or in the course of his occupational activities.
White Collar Crimes
are those crimes committed by ordinary criminals as a means of livelihood.
Blue Collar Crimes
are those crimes committed by ordinary criminals as a means of livelihood.
Blue Collar Crimes
