MENTAL CAPACITY Flashcards
Where can most information on the introduction to mental capacity be found?
“In the ** Criminal Code** and Revised Penal Code of the Philippines.”
“A branch of public law that defines crimes, treat of its nature and provides for its punishment
criminal law
What is a crime?
“An act committed or omitted in violation of criminal law forbidding or commanding it.”
“A person formally charged in court for violating a penal law either in the RPC or special law;
ACCUSED
“There would only be a crime when there is a corresponding law (Section 1)
‘No crime without law’
“An act punishable by the Revised Penal Code.”
FELONY
What is an offense?
“An act punishable by special laws (Republic Acts, Presidential Decrees)
“An act punishable by ordinance created by the Local Government Unit.”
INFRACTION
What are felonies?
“Acts or omissions punishable by law under the Revised Penal Code.”
In what two ways can felonies be committed?
“By dolo (intentional) and by culpa (not intentional).”
What are the three elements of dolo?
- FREEDOM
- INTELLIGENCE
- INTENT
What are the three elements of culpa?
- FREEDOM
- INTELLIGENCE
- NEGLIGENCE OR IMPRUDENCE
What is freedom in the context of crime?
“The ability to choose or decide
What can negate freedom?
“Irresistible force or uncontrollable fear
“The moral capacity to discern right from wrong and understand the consequences of one’s actions.”
INTELLIGENCE
What factors can negate intelligence?
“Minority (below 15 years of age)
INSANITY
IMBECILITY
“The purpose to use particular means to achieve a specific result
Presumed from the commission of the unlawful acts
INTENT IN COMMITING A CRIME
“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.
mistake of fact
“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.”
MOTIVE
When is motive important in a case?
“When the identity of the culprit is in doubt
“A felony committed by means of deceit or malice.”
INTENTIONAL FELONY
“A felony where wrongful acts result from imprudence
CULPABLE FELONY
When all the elements necessary for its execution and accomplishment are present
● All the steps and plans are committed
● The objective was accomplished
CONSUMMATED FELONY
“When all acts of execution have been performed but the outcome was not achieved due to an independent cause.”
FRUSTRATED FELONY
“When the **offender begins the execution **of the felony directly but does not complete all acts due to an external cause or accident.”
ATTEMPTED FELONY
“Physical activities or deeds indicating the intention to commit a particular crime beyond mere planning or preparation.”
OVERT ACTS
some crimes have no frustrated stage?
- RAPE
- ARSON
- THEFT OR ROBBERY
What distinguishes frustrated from attempted felonies?
FRUSTRATED - OBJECTIVE PHASE BUT VICTIM SURVIVED
ATTEMPTED - CAUSE OR ACCIDENT OTHER THAN OFFENDER’S OWN SPONTANEOUS DESISTANCE
“Felonies to which the law attaches capital punishment or afflictive penalties.”
GRAVE FELONIES
“Felonies punishable with penalties that in their **maximum period **are correctional.”
LESS GRAVE FELONIES
“Infractions for which a penalty of arrest menor
LIGHT FELONIES
Name two types of defense forms.
“Positive/Affirmative and Negative.”
What is a positive/affirmative defense?
“A defense where one admits or denies the accusation
What is a negative defense?
“A defense involving mistaken identity or an alibi proving the accused was not present at the crime scene.”
What are the two** effects of defense?**
“Total and Partial.”
What is the effect of a total defense?
“Amnesty or** justifying circumstances** leading to no liability.”
What is the effect of a partial defense?
“Lesser liabilities and lesser offenses.”
What are the** two types of source evidence?**
“Legal and** Factual.**”
Give examples of** legal source evidence.**
“Legal prescriptive period
statute of limitations, due to pardon, and due to double jeopardy
What is factual evidence?
“Information about the time, place, and manner
What are modifying circumstances?
“Circumstances that justify or exempt liability
Give an example of justifying circumstance.
“Self-defense ,surprise of a daughter, surprise of a
spouse,
What is a justifying circumstance under Article 11?
“Acts in accordance with the law that incur no criminal or civil liability.”
What are the requisites for self-defense?
“Unlawful aggression
“Reasonable necessity of the means
employed to repeal it
“Lack of sufficient provocation on the part of
the person defending
What is the defense of relatives?
“Defense by one acting to protect their spouse, ascendants, descendants, or legitimate, natural, or adopted brothers or sisters - 4TH CIVIL DEGREE
What is required for defense of strangers?
“person defending be not induced by revenge, resentment, or other evil motive
● Be discrete when to interfere situations
“Avoiding greater harm by **acting to prevent a greater evil.” **
STATE OF NECESSITY
Give an example of state of necessity.
“Damaging property to avoid a greater disaster
“Acting within one’s lawful **rights or office **
FULFILLMENT OF DUTY
What is the principle guiding law enforcement in hostage situations?
“‘Shoot to kill’ is unlawful; maximum tolerance is practiced.”
What is obedience to a superior’s order?
“Acting under a lawful order issued by a superior.”
“Circumstances where criminal intent is absent
EXEMPTING CIRCUMSTANCES
What are examples of exempting circumstances?
“Imbecility OR INSANITY
MINORITY UNDER 9 YEARS
MINORITY OVER 9 BUT UNDER 15 UNLESS DISCERNMENT
ACCIDENT
Under Article 12, what is required for an insane person to be** criminally exempt?**
“The insane person must have acted outside a lucid interval.”
What is the age of minority under Article 12?
“Under 9 years (amended to 15 years) and** over 9 but under 15 without discernment.”**
“The** mental capacity** to distinguish right from wrong and realize consequences of one’s actions.”
DISCERNMENT in juvenile law
How has juvenile law changed for minors?
“It applies to individuals aged 15 to 18
What is the legal age of criminal liability under juvenile law?
“Over 15 but under 18 if acted with discernment.”
“Injury caused while performing a lawful act with due care
an accident in the context of criminal liability
What is compulsion of irresistible force?
“Being forced into an action due to an uncontrollable external factor.”
What is impulse of uncontrollable fear?
“Acting out of fear of equal or greater injury.”
What is an insuperable cause?
“A lawful reason preventing one from performing a required act.”
“Inducing someone to commit a crime they wouldn’t have committed without the inducement.”
INSTIGATION
“Using methods to catch someone who has already committed a crime.”
ENTRAPMENT
What are mitigating circumstances under Article 13?
“Factors reducing criminal responsibility
Why do mitigating circumstances lessen the penalty?
“Due to diminished intent or lesser criminal perversity.”
What is Article 13 about?
Article 13 discusses **mitigating circumstances **which reduce criminal liability.
What are **mitigating circumstances **according to Article 13?
factors like:
- age
- lack of intent
- sufficient provocation
- voluntary surrender
How does age serve as a mitigating circumstance?
Being under 18 or over 70 reduces criminal liability under Article 13.
What qualifies as** ‘sufficient provocation’ **for mitigating circumstances?
the offended party must immediately precede the act for it to be a mitigating circumstance.
What is meant by** ‘immediate vindication’** in Article 13?
refers to committing an act in response to a grave offense against oneself or close family members.
How does voluntary surrender impact criminal liability?
Voluntary surrender to authorities **before prosecution **can mitigate criminal liability.
How does physical disability act as a mitigating circumstance?
Conditions like being deaf, dumb, blind, or having a physical defect may reduce criminal liability.
When does mental illness reduce criminal liability?
Mental illness that** diminishes willpower without removing consciousness **can mitigate liability.
What is an example of an analogous mitigating circumstance?
Circumstances like extreme poverty or extraordinary family pressures may be considered mitigating if they relate to the crime.
What are the two kinds of mitigating circumstances?
privileged mitigating (cannot be offset by aggravating circumstances)
ordinary mitigating (can be offset by aggravating circumstances).
What is a privileged mitigating circumstance?
It is a mitigating factor that reduces the penalty by a degree and cannot be offset by any aggravating circumstance.
What is an aggravating circumstance?
It is a factor that increases the penalty, reflecting greater criminal perversity.
How do specific aggravating circumstances apply?
Specific aggravating factors apply only to certain crimes, like** ‘disregard of respect due to offended party.’**
What are generic aggravating circumstances?
These apply to most offenses, such as** dwelling or recidivism**.
What is a qualifying aggravating circumstance?
Qualifying aggravating factors alter the nature of the crime, such as using poison in homicide, making it murder.
What is treachery (alevosia) as an aggravating circumstance?
Treachery involves **committing a crime with methods **that ensure its execution without risk to the offender.
When does intoxication become an aggravating circumstance?
Intoxication is aggravating if it is habitual, intentional, and planned to facilitate committing a crime.
What is an absolutory circumstance?
It is a factor that exempts criminal liability, often due to public policy considerations.
Who are considered principals in a crime?
Principals are those who take a direct part, induce others, or cooperate in a necessary way for the crime’s commission.
Who are accomplices according to Article 18?
Accomplices are those who** cooperate in the crime’s execution** by previous or simultaneous acts.
What defines an accessory in a crime?
An accessory assists after the crime, for example by hiding evidence or helping the offender escape.
What is the retroactive effect of penal laws?
Penal laws can have retroactive effects to reduce sentences if they favor the convicted person and they are not a habitual criminal.
What is civil liability in criminal cases?
Civil liability includes restitution, reparation, and indemnification for damages caused by the crime.
When does criminal liability get extinguished?
- death
- sentence completion
- amnesty
- absolute pardon
- prescription of the crime or penalty
- marriage in rape cases.
What is the criminal responsibility of a minor under 13 years old under the Criminal Code?
A minor under 13 years old does not incur criminal responsibility.
How is a minor defined under the Revised Juvenile Law?
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.
What is the criminal procedure for a minor aged 13 but less than 18 who commits a crime punishable by penalty within Level 5?
They shall be** tried as an adult and, if convicted, liable to the penalty of imprisonment.**
How is criminal liability affected by age according to the Criminal Code?
<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)
What are circumstances which exempt a person from criminal liability under RPC Article 12?
An imbecile or an insane person, unless the latter has acted during a lucid interval.
When insanity is used as a defense, who has the burden of proof?
The** burden is on the defense** to prove the perpetrator was insane at the time of the crime.
What must be shown to support a defense of insanity?
The accused had no full and clear understanding of the nature and consequences of their acts.
What constitutes legal insanity?
Complete deprivation of intelligence while committing the act, with a lack of discernment or freedom of the will.
What was the first known recognition of insanity as a defense to criminal charges?
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.
What is the ‘Wild Beast’ test for insanity?
The offender understood the crime no better than ‘an infant, a brute, or a wild beast.’
What is the M’Naghten Rule?
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.
What are the** two components of the M’Naghten Rule?**
- Incapable of knowing what they were doing;
- **Incapable of recognizing the wrongfulness **of their actions.
What does the ‘Irresistible Impulse’ test for insanity involve?
Due to mental disease,
the defendant was unable to control impulses, leading to a criminal act.
What is the Durham Rule (or ‘Product’ Test) for insanity?
An accused is not criminally responsible if the act was the product of mental disease or mental defect.
What were the** issues with the Durham Rule?**
It relied heavily on expert testimony, often led to jury exclusion, and lacked clear definitions for terms like ‘mental disease or defect.’
What is the Model Penal Code’s standard for legal insanity?
A defendant is not responsible if, due to mental disease or defect, they lacked substantial capacity to appreciate criminality or conform conduct to law.
When did the Model Penal Code develop its standard for insanity?
In 1972, to modernize the legal standard for insanity.
What is the key difference between insanity and diminished capacity?
Insanity is a full defense to a crime (equivalent to ‘not guilty’), whereas
diminished capacity only reduces the charge to a lesser crime.
In the context of insanity, what does ‘lucid interval’ mean?
A period where an insane person is temporarily sane, which makes them not exempt from liability if the crime was committed during this time.
Define imbecility according to the Criminal Code.
A mental deficiency where a person has a mental development level similar to that of a 2-7-year-old child.
What distinguishes insanity from imbecility in legal terms?
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.
What is the** IQ range** for someone classified as an ‘imbecile’?
20-40, which corresponds to the mental age of 2-7 years old.
Describe the ‘M’Naghten Rule’ for insanity.
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.
What is the ‘Irresistible Impulse’ test for legal insanity?
It assesses whether a mental disease prevented the defendant from controlling impulses that led to the criminal act.
What is the Durham Rule, also known as the ‘Product’ test?
It states that an unlawful act resulting from mental disease or defect** exempts the defendant from criminal responsibility.**
What is the Model Penal Code’s standard for legal insanity?
A defendant is not criminally responsible if a mental disease prevented substantial capacity to appreciate the criminality of their actions or conform to law.
How does** legal insanity affect civil code responsibilities?**
Insanity limits a person’s legal capacity to act, and they still hold civil liabilities despite insanity.
When can** insanity exempt** a person from criminal liability under the Revised Penal Code?
Insanity exempts criminal liability unless the person was lucid during the act’s commission.
What is feigned insanity?
Fake insanity is a sudden onset of symptoms with no specific clinical disease and symptoms that disappear when unobserved.
type of insanity that develops gradually, with symptoms persisting and often aligned with specific clinical diseases like schizophrenia
TRUE INSANITY
Define **‘idiot’ **in terms of mental deficiency.
An individual with an** IQ of 0-20, with mental development limited to that of a 2-year-old.**
The **act of feigning disease or injury **for personal gain, such as avoiding court or military duty or increasing insurance claims.
MALINGERING
What are the** two types of malingering?**
Factitious malingering, where real symptoms are exaggerated
feigned/fictitious malingering, where symptoms are entirely fabricated.
How can you identify potential malingering?
Look for inconsistencies between symptoms and observed injury, abrupt onset, and refusal of painful treatments.
