sociology of crimes & ethics Flashcards
the entire body of knowledge regarding crimes, criminals and the efforts of society to prevent and repress them
criminology
the scientific study of the caused of crime in relation to man and society who set and define rules and regulation for himself and others to govern
crminology
nature of criminology
it is an applied science (instrumentation)
it is a social science
it is dynamic
it is nationalistic
crime is a social creation and it exists in a society being social phenomenon
criminology is a social science
criminology changes as a social condition changes.
criminology is dynamic
it is concomitant with the advancement of other sciences that have been applied
criminology is dynamic
the study of crimes must be in relation with the existing criminal law within a territory or country. the question as to wheter an act of a state. it follows therefore that the causes of crime must be determined from its social needs and standards.
criminology is nationalistic
scope of the study of criminology
study of the origin and development of criminal law
study of the causes of crimes and development of criminals
study of the different factors that enhance the development of criminal behavior
different factors that enhance the development of criminal behavior
criminal demography criminal epidiomology criminal ecology criminal physical anthropology criminal psychology criminal psychiatry victimology
the study ofnthe relationship between environment and criminality
criminal epidiomology
the study of the role of the victim in the commision of a crime
victimology
then study of criminality in relation to the spatial distribution in a community
criminal ecology
the study of human mind in relation to criminality
criminal psychiatry
the study of criminality in relation to physical constitution of men
criminal physical anthropology
the study of human behavior in relation to criminality
criminal psychology
the study of the relationship between criminality and population
criminal demography
the study of the primary reasons for the crime commision
criminal etiology
literally a combintaion of the study of the human species and the study of criminals is a field of offender profilling, based on percieved links between the nature of a crime and the personality or physical appearance of the offender
criminal anthropology
criminal anthropology are works of
Cesare Lombrosso, Enrico Ferri and Raffaele Garofalo in the late 19th century
an act or omission in violation of a public law forbidding or commanding it
crime
sub classification of crimes
felony
offense
infraction
an act or omission punishable by law which is commited by means of dolo (deceit) or culpa (fault) and punishable under RPC
felony
an act or omission in violation of a special law
offense
an act or omission in violation of a city or municipal ordinance
infraction
DECEIT
DOLO
FAULT
CULPA
punishable by RPC
felony
intentional felonies
- felonies committed by means of dolo
- the act or omission is performed with delibirate intent or malice
culpable felonies
- felonies committed by means of culpa
- the act or omission of the offender is not malicious and the injury caused by the offender is unitentional, it being the simply the incident of another act performed without malice
elements of intentional felonies
freedom or voluntariness
intelligence
intent
elements of cupable felonies
lack of foresight
lack of skill
negligence
imprudence
legal classification of crimes
as to the manner crimes are committed
as to the stages of commission of crimes
according to plurality
according to gravity
as to the manner crimes are committed
by means of dolo (deceit)
by means of culpa (fault)
stages of commission of crimes
consumated crime
frustrated crime
attempted crime
when all the elements necessary for its execution and accomplishment are present
consumated crime
when the offender has performed all the acts of execution which will produce the felony as a consequence but which nevertheless do not produce it, by reason of causes independent of the wil of the perpetrator
frustrated crime
when the offender commences the commisision of a crime directly by overt acts of execution which should produce felony by reason of some cause or accident other than his own spontaneous desistance
attempted crime
according to plurality
simple crime
complex crime
according to gravity
grave felonies
less grave felonies
light felonies
single act constituting only one offense
simple crime
single act constituting two or more grave felonies or an is a necessary by means for commiting the other
complex crime
those to which the law attaches are capital punishment or afflictive penalties
grave felonies
those to which the law attaches correctional penalties
less grave felonies
those to which the law attaches the penalty of arresto menor or a fine not exceeding 200 pesos
light felonies
capital punishment means
death penalty
criminological classiffication of crimes
- according to the result of the crimes
- accroding to the time or period of the commission of the crime
- according to the length of time of the commission of the crime
- according to the place or location
- according to the use of mental faculties
- according to the type of offender
according to the result of crime
acquisitive crime
extinctive crime
accroding to the time or period of the commission of the crime
seasonal crime
situational crime
according to the length of time of the commission of the crime
instant crime
episoidal crime
according to the place or location
static crime
continuing crime
according to the use of mental faculties
rational crime
irrational crime
according to the type of offender
white-collar crime
blue-collar crime
committed by a person belonging to the upper socio-economic class in the course of his occupational activites
white-collar crime
Crimes that are committed using deceptive practices for financial gains.
white-collar crime
The actual term “white collar crime” was coined by
Edwin sutherland
examples of white-collar crime
fraud bribery forgery Blackmail counterfeiting embezzlement extortion insider trading kickback larceny/theft money laundering racketeering tax evasion
When a person commits fraud in filing or paying taxes.
tax evasion
The operation of an illegal business for personal profit.
racketeering
The investment or transfer of money from racketeering, drug transactions or other embezzlement schemes so that it appears that its original source either cannot be traced or is legitimate.
money laudering
When a person wrongfully takes another person’s money or property with the intent to appropriate, convert or steal it.
larceny/theft
When a person uses inside, confidential, or advance information to trade in shares of publicly held corporations.
insider trading
Occurs when a person who sells an item pays back a portion of the purchase price to the buyer.
kickback
When a person who has been entrusted with money or property appropriates it for his or her own use and benefit.
embezzlement
Occurs when one person illegally obtains property from another by actual or threatened force, fear, or violence, or under cover of official right.
extortion
Occurs when someone copies or imitates an item without having been authorized to do so and passes the copy off for the genuine or original item. Counterfeiting is most often associated with money however can also be associated with designer clothing, handbags and watches.
counterfeiting
When a person passes a false or worthless instrument such as a check or counterfeit security with the intent to defraud or injure the recipient.
forgery
A demand for money or other consideration under threat to do bodily harm, to injure property, to accuse of a crime, or to expose secrets.
blackmail
When money, goods, services, information or anything else of value is offered with intent to influence the actions, opinions, or decisions of the taker. You may be charged with bribery whether you offer the bribe or accept it.
bribery
committed only during a certain period of the year
seasonal crime
committed in only one place
static crime
committed in the shortest possible time
instant crime
the offender acquires someting
acquisitive crime
committed only when the situation is conductive to its commission
situational crime
committed by a series of acts in a lengthy space of time
episoidal crime
committed in a several places
continuing crime
committed by an offender who does not know the nature and quality of his act on account of the disease of the mind
irrational crime
committed by ordinary professional criminal to maintain his livelihood
blue-collar crime
commited with intent and the offender is in full possession of his sanity
rational
the consequence of the act is destructive
extinctive crime
crime perpetuated by organized criminal groups which the aim of committing one or more serious crimes or offenses in order to obtain directly or indirectly, a financial or other material benefits committed through crossing of borders or jurisprudence
transnational crime
any person who has been found to have committed a wrongful act int he course of the standard judicial process; there must be a final verdict of his guilt
criminal
when can a person be considered as a criminal
a person is already considered a criminal the moment he committed a crime
general classification of criminals
on the basis of etiology
on the basis of behavioral system
on the basis of activities
basis of etiology
acute criminals
chronic criminals
- neurotic criminals
- normal criminals
basis of behavioral system
ordinary criminals
organized criminals
professional criminals
basis of activities
professional criminals
accidental criminals
habitual criminals
situational criminals
these are highly skilled and able to obtain considerable amount of money without being detected because of organization and contact with other professional criminals
professional criminals
those who earn their living through criminal activities
professional criminals
persons who acted in consonance with deliberated thinking
chronic criminals
these criminals have a high degree of organization that enables them to commit crimes whitout being detected and committed to specialized activities which can be operated in a large scale businesses
organized criminals
those who are actually not criminals but get ini trouble with legal authorities because they commit crimes intermixed with legitimate economic activities
situational criminals
those who commit criminal acts as a result of unanticipated circumstances
accidental criminals
the lowest form of criminal carrer
ordinary criminals
persons whose actions arise from the intra-psychic conflict between the social and anti-social components of his personality
neurotic criminals
persons who violate criminal law because of the impulse of the moment, fir of passion or anger
acute criminals
they engage only in conventional crimes which require limited skill
ordinary criminals
persons whose psychic organization resembles that of a normal individual except that he identifies himself with criminal prototype
normal criminals
those who continue to commit criminal acts for such diverse reasons due to deficienct of intelligence and lack of control
habitual criminals
that branch of public law which defines crimes, treats of their nature and provides for their punishment
criminal law or penal law
the book that contains the philippine criminal law
RPC
RPC took effect
january 1, 1932
characteristic of criminal law
generality in application territorial in character prospective specific and definite uniform in application there must be a penal sanction or punishment
the provisions of the criminal or penal law must be applied equally to all persons within the territory regardless of sex, race, nationality and other personal circumastances
generality in application
exceptions in generality of application
heads of state or country
foreign diplomats and ambassadors
as part of the right of a state so self preservation, each independent country has the right to promulgate aws enforceable within its territorial jurisdiction, subject only to the limitations imposed by treaties of preferential applications and by the operation of international law of nations.
territorial in character
philippine archipelago
all the islands that comprise the philippines
atmosphere water
all bodies of water that connect all the islands such as bays, rivers and streams
the twelve (12) nautical mile limit beyond our shore measured at low tide
maritime zone
no person may be punished for his act when the time he committed the act, it is still not yet punishable by law.
prospectivity of criminal law
an act as a crime is a crime no matter who committed it, wherever committed in the philippine and whenever committed
uniform in application
