Introduction To Criminology Reviewer
Introduction To Criminology Reviewer
CRIM SOCIO
CRIMINAL ETIOLOGY- the scientific analysis of all crimes, the Couse of all crime
SOCIOLOGY OF LAW- scientific analysis of the condition under which criminal law was
developed
ETYMOLOGY- accusation and study (Italian word criminlogia by: Raffaele Garafalo)
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PRE-CLASSICAL- also known as demonological school, believe that people that commit crime
are demons (Retribution) (Aristotle, Plato’s)
CLASSICAL- the enlightenment period, free will, hedonistic (pleasure and pain)
(cesare becarria, Jeremy bentham)
NEO CLASSICAL- began during French revolution, introduce the application of mitigating
circumstances in imposing penalties
POSITIVIST/ITALIAN- emphasized the study that criminals are caused by physical stigmata,
atavism, physical features, and biological inheritance
1. CRIMINAL LAW- is that branch or division of law which defines crimes, treats of their
nature, and provides for their punishment.
2. CRIME- crime is defined as an act committed or omitted in violation of public law forbidding
or commanding it.
3. GENERAL (characteristic of criminal law) - general, in that criminal law is binding on all
persons who live or sojourn in Philippine territory.
6. FRENCH RULE- such crimes are not triable in courts of that country, unless their
commission affects the peace and security of the territory or the safety of the state is
endangered.
7. ENGLISH RULE-such crimes are triable in that country, unless they merely affect things
within the vessel or they refer to the internal management thereof.
8. FELONIES- felonies are acts and omissions punishable by the revised penal code.
9. ACT- any bodily movement tending to produce some effect in the external world.
10. OMISSION- is meant inaction, the failure to perform a positive duty which one is bound to
do.
11. MISTAKE OF FACT- is a misapprehension of fact on the part of the person who caused
injury to another.
12. MALA IN SE- wrongful from their nature, those so serious in their effects on society as to
call for the almost unanimous condemnation of its members and defined and penalized by the
Revised Penal Code.
13. MALA PROHIBITA- wrong merely because prohibited by statute, are violations of mere rules
of convenience designed to secure a more orderly regulation of the affairs of society. The term
mala prohibita refers generally to acts made criminal by special laws.
14. INTENT- intent is the purpose to use a particular means to effect such result.
15. MOTIVE- motive is the moving power which impels one to action for a definite result.
16. CONSUMMATED FELONY- a felony is consummated when all the elements necessary for
its execution and accomplishment are present.
17. FRUSTRATED FELONY- 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.
18. ATTEMPTED FELONY- 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 his own spontaneous desistance.
19. OVERT ACTS- an overt act is some physical activity or deed, indicating the intention to
commit a particular crime, more than a mere planning or preparation, which if carried to its
complete termination following its natural course, without being frustrated by external
obstacles nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen
into a concrete offense.
20. INDETERMINATE OFFENSE- one where purpose of offender in the performing an act is not
certain. Its nature in relation to its objective is ambiguous.
21. CONSPIRACY- conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.
22. PROPOSAL- there is a proposal when the person who has decided to commit a felony
proposes its execution to some other person or persons.
23. IMPUTABILITY- is the quality by which an act may be ascribed to a person as its author or
owner. It implies that the act committed has been freely and consciously done and may,
therefore, be put down to the doer as his very own.
25. GUILT- guilt is an element of responsibility, for a man cannot be made to answer for the
consequences of a crime unless he is guilty.
26. GRAVE FELONIES- are those to which the law attaches the capital punishment or
penalties which in any of their periods are afflictive.
27. LESS GRAVE FELONIES- are those which the law punishes with penalties which in their
maximum period are correctional.
28. LIGHT FELONIES- are those infractions of law for the commission of which the penalty of
arresto menor or a fine not exceeding 200 pesos, is provided.
29. JUSTIFYING CIRCUMSTANCES- are those where the act of a person is said to be in
accordance with law, so that such person is deemed not to have transgressed the law and is
free from both criminal and civil liability.
30. EXEMPTING CICUMSTANCES (non-imputability) - are those grounds for exemption from
punishment because there is wanting in the agent of the crime any of the conditions which
make the act voluntary, or negligent.
1, VICTIMS PRECIPITATION
when we say Victims precipitation sya yung gumagawa ng dahilan para siya ay biktimahin sa
or dahil sa pag uugali ng isang tao kaya siya nagiging biktima
VICTIMS PRECIPITATION
MERON YANG DALAWANG URI
1, ACTIVE PRECIPITATION
- Pag sinabing active precipitation mismong si biktima ang gumawa ng dahilan para sya ay
biktimahin
2, POSIVE PRECIPITATION
- pag sinabi naman nating POSIVE PRECIPITATION ito yung kahit wala namang ginagawa ang
isang tao siya padin ay nabibiktima
Example: sobarang bait mo dahil sa sobrang bait mo ikaw ay napag sasamantalahan ng iba isa
rin sa way kaya nagiging biktima ang isang tao dahil siya ay sobrang mabait
4, DIVIANT THEORYsa diviant theory naman walang mali sa araw araw na ginagawa walang
mali sa trabaho walang mali sa pa uugali Pero merong mali sa lugar na tinitirhan Halimbawa
naka tira si A sa lugar na kung saan napakaraming criminal o maraming gumagamit na drugs
so kahit na paka ingat mong tao kahit maaga ka umuwi or what kung ikaw ay naka tira sa
lugar na marami g criminal may posibilida