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LEGAL MEDICINE & MEDICAL JURISPRUDENCE (3RD YEAR) > MENTAL CAPACITY > Flashcards

MENTAL CAPACITY Flashcards

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USMLE® Step 1 flashcards
1
Q

Where can most information on the introduction to mental capacity be found?

A

“In the ** Criminal Code** and Revised Penal Code of the Philippines.”

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2
Q

“A branch of public law that defines crimes, treat of its nature and provides for its punishment

A

criminal law

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3
Q

What is a crime?

A

“An act committed or omitted in violation of criminal law forbidding or commanding it.”

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4
Q

“A person formally charged in court for violating a penal law either in the RPC or special law;

A

ACCUSED

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5
Q

“There would only be a crime when there is a corresponding law (Section 1)

A

‘No crime without law’

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6
Q

“An act punishable by the Revised Penal Code.”

A

FELONY

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7
Q

What is an offense?

A

“An act punishable by special laws (Republic Acts, Presidential Decrees)

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8
Q

“An act punishable by ordinance created by the Local Government Unit.”

A

INFRACTION

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9
Q

What are felonies?

A

“Acts or omissions punishable by law under the Revised Penal Code.”

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10
Q

In what two ways can felonies be committed?

A

“By dolo (intentional) and by culpa (not intentional).”

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11
Q

What are the three elements of dolo?

A
  1. FREEDOM
  2. INTELLIGENCE
  3. INTENT
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12
Q

What are the three elements of culpa?

A
  1. FREEDOM
  2. INTELLIGENCE
  3. NEGLIGENCE OR IMPRUDENCE
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13
Q

What is freedom in the context of crime?

A

“The ability to choose or decide

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14
Q

What can negate freedom?

A

“Irresistible force or uncontrollable fear

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15
Q

“The moral capacity to discern right from wrong and understand the consequences of one’s actions.”

A

INTELLIGENCE

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16
Q

What factors can negate intelligence?

A

“Minority (below 15 years of age)
INSANITY
IMBECILITY

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17
Q

“The purpose to use particular means to achieve a specific result

Presumed from the commission of the unlawful acts

A

INTENT IN COMMITING A CRIME

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18
Q

“An act or omission resulting from a misapprehension of facts that is voluntary but not intentional

To be exempted, it must be committed in good faith or under honest belief.
- is an honest mistake.

A

mistake of fact

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19
Q

“The ** reason** that** impels one to commit an act** for a definite result;
it is not an element of a crime but is sometimes determined to understand why an act was committed.”

A

MOTIVE

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20
Q

When is motive important in a case?

A

“When the identity of the culprit is in doubt

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21
Q

“A felony committed by means of deceit or malice.”

A

INTENTIONAL FELONY

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22
Q

“A felony where wrongful acts result from imprudence

A

CULPABLE FELONY

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23
Q

When all the elements necessary for its execution and accomplishment are present
● All the steps and plans are committed
● The objective was accomplished

A

CONSUMMATED FELONY

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24
Q

“When all acts of execution have been performed but the outcome was not achieved due to an independent cause.”

A

FRUSTRATED FELONY

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25
Q

“When the **offender begins the execution **of the felony directly but does not complete all acts due to an external cause or accident.”

A

ATTEMPTED FELONY

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26
Q

“Physical activities or deeds indicating the intention to commit a particular crime beyond mere planning or preparation.”

A

OVERT ACTS

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27
Q

some crimes have no frustrated stage?

A
  1. RAPE
  2. ARSON
  3. THEFT OR ROBBERY
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28
Q

What distinguishes frustrated from attempted felonies?

A

FRUSTRATED - OBJECTIVE PHASE BUT VICTIM SURVIVED
ATTEMPTED - CAUSE OR ACCIDENT OTHER THAN OFFENDER’S OWN SPONTANEOUS DESISTANCE

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29
Q

“Felonies to which the law attaches capital punishment or afflictive penalties.”

A

GRAVE FELONIES

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30
Q

“Felonies punishable with penalties that in their **maximum period **are correctional.”

A

LESS GRAVE FELONIES

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31
Q

“Infractions for which a penalty of arrest menor

A

LIGHT FELONIES

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32
Q

Name two types of defense forms.

A

“Positive/Affirmative and Negative.”

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33
Q

What is a positive/affirmative defense?

A

“A defense where one admits or denies the accusation

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34
Q

What is a negative defense?

A

“A defense involving mistaken identity or an alibi proving the accused was not present at the crime scene.”

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35
Q

What are the two** effects of defense?**

A

“Total and Partial.”

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36
Q

What is the effect of a total defense?

A

“Amnesty or** justifying circumstances** leading to no liability.”

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37
Q

What is the effect of a partial defense?

A

“Lesser liabilities and lesser offenses.”

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38
Q

What are the** two types of source evidence?**

A

“Legal and** Factual.**”

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39
Q

Give examples of** legal source evidence.**

A

“Legal prescriptive period
statute of limitations, due to pardon, and due to double jeopardy

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40
Q

What is factual evidence?

A

“Information about the time, place, and manner

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41
Q

What are modifying circumstances?

A

“Circumstances that justify or exempt liability

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42
Q

Give an example of justifying circumstance.

A

“Self-defense ,surprise of a daughter, surprise of a
spouse,

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43
Q

What is a justifying circumstance under Article 11?

A

“Acts in accordance with the law that incur no criminal or civil liability.”

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44
Q

What are the requisites for self-defense?

A

“Unlawful aggression
“Reasonable necessity of the means
employed to repeal it
“Lack of sufficient provocation on the part of
the person defending

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45
Q

What is the defense of relatives?

A

“Defense by one acting to protect their spouse, ascendants, descendants, or legitimate, natural, or adopted brothers or sisters - 4TH CIVIL DEGREE

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46
Q

What is required for defense of strangers?

A

“person defending be not induced by revenge, resentment, or other evil motive
● Be discrete when to interfere situations

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47
Q

“Avoiding greater harm by **acting to prevent a greater evil.” **

A

STATE OF NECESSITY

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48
Q

Give an example of state of necessity.

A

“Damaging property to avoid a greater disaster

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49
Q

“Acting within one’s lawful **rights or office **

A

FULFILLMENT OF DUTY

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50
Q

What is the principle guiding law enforcement in hostage situations?

A

“‘Shoot to kill’ is unlawful; maximum tolerance is practiced.”

51
Q

What is obedience to a superior’s order?

A

“Acting under a lawful order issued by a superior.”

52
Q

“Circumstances where criminal intent is absent

A

EXEMPTING CIRCUMSTANCES

53
Q

What are examples of exempting circumstances?

A

“Imbecility OR INSANITY
MINORITY UNDER 9 YEARS
MINORITY OVER 9 BUT UNDER 15 UNLESS DISCERNMENT
ACCIDENT

54
Q

Under Article 12, what is required for an insane person to be** criminally exempt?**

A

“The insane person must have acted outside a lucid interval.”

55
Q

What is the age of minority under Article 12?

A

“Under 9 years (amended to 15 years) and** over 9 but under 15 without discernment.”**

56
Q

“The** mental capacity** to distinguish right from wrong and realize consequences of one’s actions.”

A

DISCERNMENT in juvenile law

57
Q

How has juvenile law changed for minors?

A

“It applies to individuals aged 15 to 18

58
Q

What is the legal age of criminal liability under juvenile law?

A

“Over 15 but under 18 if acted with discernment.”

59
Q

“Injury caused while performing a lawful act with due care

A

an accident in the context of criminal liability

60
Q

What is compulsion of irresistible force?

A

“Being forced into an action due to an uncontrollable external factor.”

61
Q

What is impulse of uncontrollable fear?

A

“Acting out of fear of equal or greater injury.”

62
Q

What is an insuperable cause?

A

“A lawful reason preventing one from performing a required act.”

63
Q

“Inducing someone to commit a crime they wouldn’t have committed without the inducement.”

A

INSTIGATION

64
Q

“Using methods to catch someone who has already committed a crime.”

A

ENTRAPMENT

65
Q

What are mitigating circumstances under Article 13?

A

“Factors reducing criminal responsibility

66
Q

Why do mitigating circumstances lessen the penalty?

A

“Due to diminished intent or lesser criminal perversity.”

67
Q

What is Article 13 about?

A

Article 13 discusses **mitigating circumstances **which reduce criminal liability.

68
Q

What are **mitigating circumstances **according to Article 13?

A

factors like:
- age
- lack of intent
- sufficient provocation
- voluntary surrender

69
Q

How does age serve as a mitigating circumstance?

A

Being under 18 or over 70 reduces criminal liability under Article 13.

70
Q

What qualifies as** ‘sufficient provocation’ **for mitigating circumstances?

A

the offended party must immediately precede the act for it to be a mitigating circumstance.

71
Q

What is meant by** ‘immediate vindication’** in Article 13?

A

refers to committing an act in response to a grave offense against oneself or close family members.

72
Q

How does voluntary surrender impact criminal liability?

A

Voluntary surrender to authorities **before prosecution **can mitigate criminal liability.

73
Q

How does physical disability act as a mitigating circumstance?

A

Conditions like being deaf, dumb, blind, or having a physical defect may reduce criminal liability.

74
Q

When does mental illness reduce criminal liability?

A

Mental illness that** diminishes willpower without removing consciousness **can mitigate liability.

75
Q

What is an example of an analogous mitigating circumstance?

A

Circumstances like extreme poverty or extraordinary family pressures may be considered mitigating if they relate to the crime.

76
Q

What are the two kinds of mitigating circumstances?

A

privileged mitigating (cannot be offset by aggravating circumstances)
ordinary mitigating (can be offset by aggravating circumstances).

77
Q

What is a privileged mitigating circumstance?

A

It is a mitigating factor that reduces the penalty by a degree and cannot be offset by any aggravating circumstance.

78
Q

What is an aggravating circumstance?

A

It is a factor that increases the penalty, reflecting greater criminal perversity.

79
Q

How do specific aggravating circumstances apply?

A

Specific aggravating factors apply only to certain crimes, like** ‘disregard of respect due to offended party.’**

80
Q

What are generic aggravating circumstances?

A

These apply to most offenses, such as** dwelling or recidivism**.

81
Q

What is a qualifying aggravating circumstance?

A

Qualifying aggravating factors alter the nature of the crime, such as using poison in homicide, making it murder.

82
Q

What is treachery (alevosia) as an aggravating circumstance?

A

Treachery involves **committing a crime with methods **that ensure its execution without risk to the offender.

83
Q

When does intoxication become an aggravating circumstance?

A

Intoxication is aggravating if it is habitual, intentional, and planned to facilitate committing a crime.

84
Q

What is an absolutory circumstance?

A

It is a factor that exempts criminal liability, often due to public policy considerations.

85
Q

Who are considered principals in a crime?

A

Principals are those who take a direct part, induce others, or cooperate in a necessary way for the crime’s commission.

86
Q

Who are accomplices according to Article 18?

A

Accomplices are those who** cooperate in the crime’s execution** by previous or simultaneous acts.

87
Q

What defines an accessory in a crime?

A

An accessory assists after the crime, for example by hiding evidence or helping the offender escape.

88
Q

What is the retroactive effect of penal laws?

A

Penal laws can have retroactive effects to reduce sentences if they favor the convicted person and they are not a habitual criminal.

89
Q

What is civil liability in criminal cases?

A

Civil liability includes restitution, reparation, and indemnification for damages caused by the crime.

90
Q

When does criminal liability get extinguished?

A

- death
- sentence completion
- amnesty
- absolute pardon
- prescription of the crime or penalty
- marriage in rape cases.

91
Q

What is the criminal responsibility of a minor under 13 years old under the Criminal Code?

A

A minor under 13 years old does not incur criminal responsibility.

92
Q

How is a minor defined under the Revised Juvenile Law?

A

A minor is a person** under 18 years of age or those over 18 years of age but** are unable to fully protect themselves due to physical or mental disability.

93
Q

What is the criminal procedure for a minor aged 13 but less than 18 who commits a crime punishable by penalty within Level 5?

A

They shall be** tried as an adult and, if convicted, liable to the penalty of imprisonment.**

94
Q

How is criminal liability affected by age according to the Criminal Code?

A

<15 – **Exempting; **
15 - 18 – Exempting (-) discernment
Minor delinquent <18 – Sentence is suspended
Child in conflict with the law – Child who is alleged as accused;
>18 – **Full criminal liability; **
>70 – Mitigating (can lower penalty, no death penalty)

95
Q

What are circumstances which exempt a person from criminal liability under RPC Article 12?

A

An imbecile or an insane person, unless the latter has acted during a lucid interval.

96
Q

When insanity is used as a defense, who has the burden of proof?

A

The** burden is on the defense** to prove the perpetrator was insane at the time of the crime.

97
Q

What must be shown to support a defense of insanity?

A

The accused had no full and clear understanding of the nature and consequences of their acts.

98
Q

What constitutes legal insanity?

A

Complete deprivation of intelligence while committing the act, with a lack of discernment or freedom of the will.

99
Q

What was the first known recognition of insanity as a defense to criminal charges?

A

In 1581, when it was stated that ‘If a madman or a natural fool, or a lunatic in the time of his lunacy’ kills someone, they cannot be held accountable.

100
Q

What is the ‘Wild Beast’ test for insanity?

A

The offender understood the crime no better than ‘an infant, a brute, or a wild beast.’

101
Q

What is the M’Naghten Rule?

A

The defendant is presumed sane unless proven to be laboring under a defect of reason from disease of mind, not knowing the nature or wrongfulness of the act.

102
Q

What are the** two components of the M’Naghten Rule?**

A
  1. Incapable of knowing what they were doing;
  2. **Incapable of recognizing the wrongfulness **of their actions.
103
Q

What does the ‘Irresistible Impulse’ test for insanity involve?

A

Due to mental disease,
the defendant was unable to control impulses, leading to a criminal act.

104
Q

What is the Durham Rule (or ‘Product’ Test) for insanity?

A

An accused is not criminally responsible if the act was the product of mental disease or mental defect.

105
Q

What were the** issues with the Durham Rule?**

A

It relied heavily on expert testimony, often led to jury exclusion, and lacked clear definitions for terms like ‘mental disease or defect.’

106
Q

What is the Model Penal Code’s standard for legal insanity?

A

A defendant is not responsible if, due to mental disease or defect, they lacked substantial capacity to appreciate criminality or conform conduct to law.

107
Q

When did the Model Penal Code develop its standard for insanity?

A

In 1972, to modernize the legal standard for insanity.

108
Q

What is the key difference between insanity and diminished capacity?

A

Insanity is a full defense to a crime (equivalent to ‘not guilty’), whereas
diminished capacity only reduces the charge to a lesser crime.

109
Q

In the context of insanity, what does ‘lucid interval’ mean?

A

A period where an insane person is temporarily sane, which makes them not exempt from liability if the crime was committed during this time.

110
Q

Define imbecility according to the Criminal Code.

A

A mental deficiency where a person has a mental development level similar to that of a 2-7-year-old child.

111
Q

What distinguishes insanity from imbecility in legal terms?

A

An imbecile is exempt from liability in all cases
while
an** insane person** is not exempt if they committed the act during a lucid interval.

112
Q

What is the** IQ range** for someone classified as an ‘imbecile’?

A

20-40, which corresponds to the mental age of 2-7 years old.

113
Q

Describe the ‘M’Naghten Rule’ for insanity.

A

It states that a defendant is insane if they didn’t understand their act due to ‘disease of mind,’ either not knowing the nature of the act or not knowing it was wrong.

114
Q

What is the ‘Irresistible Impulse’ test for legal insanity?

A

It assesses whether a mental disease prevented the defendant from controlling impulses that led to the criminal act.

115
Q

What is the Durham Rule, also known as the ‘Product’ test?

A

It states that an unlawful act resulting from mental disease or defect** exempts the defendant from criminal responsibility.**

116
Q

What is the Model Penal Code’s standard for legal insanity?

A

A defendant is not criminally responsible if a mental disease prevented substantial capacity to appreciate the criminality of their actions or conform to law.

117
Q

How does** legal insanity affect civil code responsibilities?**

A

Insanity limits a person’s legal capacity to act, and they still hold civil liabilities despite insanity.

118
Q

When can** insanity exempt** a person from criminal liability under the Revised Penal Code?

A

Insanity exempts criminal liability unless the person was lucid during the act’s commission.

119
Q

What is feigned insanity?

A

Fake insanity is a sudden onset of symptoms with no specific clinical disease and symptoms that disappear when unobserved.

120
Q

type of insanity that develops gradually, with symptoms persisting and often aligned with specific clinical diseases like schizophrenia

A

TRUE INSANITY

121
Q

Define **‘idiot’ **in terms of mental deficiency.

A

An individual with an** IQ of 0-20, with mental development limited to that of a 2-year-old.**

122
Q

The **act of feigning disease or injury **for personal gain, such as avoiding court or military duty or increasing insurance claims.

A

MALINGERING

123
Q

What are the** two types of malingering?**

A

Factitious malingering, where real symptoms are exaggerated

feigned/fictitious malingering, where symptoms are entirely fabricated.

124
Q

How can you identify potential malingering?

A

Look for inconsistencies between symptoms and observed injury, abrupt onset, and refusal of painful treatments.

LEGAL MEDICINE & MEDICAL JURISPRUDENCE (3RD YEAR) (3 decks)

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