問題一覧
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Designation of person arrested in deffirent stages of criminal justice system
1.Law Enforcement - Suspect 2.Prosecution - Repondent 3.Court - Accused 4.Correction - Person Deprived of Liberty 5.Community - Ex-convict
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requisites of a valid warrant of arrest
1.It shall be upon probable cause 2. The probable cause is determined personally by the judge upon examination under oath or affirmation of the complaint the witnesses he may produce. 3. Particularly describing person to be arrested.
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Belives in god
Oath
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does not believe in God
Affirmation
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Circumstances of warrant of arrest
1. Inflagrante Delicto - Caught in the act of crime 2. Hot pursuit - refers to the urgent and direct pursuit 3.Escapee
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Exemption to the rule in conducting search
1. Consented Search 2. Search Incidental to Lawful Arrest 3. Plainview Search 4. Search In Moving Vehicle 5. Custom Search
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Waived by a person being searched
Consented search
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A person lawfully arrested may be search for dangerous weapon or anything.
Search Incidental to Lawful arrest
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Illegal thing at sight may be seized even without warrant to do so.
Planview Search
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BOC conduct search to enforce customs law or to regulate export and imports
Custom search
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3 Tools of investigation
1. Information 2. Interrogation 3. Instrumentation
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is the knowledge which the investigator gathered and acquired from other person
Information
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is a questioning of person suspected of having commited an offense or of a person who is reluctant(unwilling) to make a full disclosure of information
interrogation
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is a questioning of a person who is believed to posses knowledge that is of official interests to the investigator
interview
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is the application of instruments and methods of physical science to the detection of crime
Instrumentation
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Rights of a person under custodial investigation
•Right to be informed of his right to remain silent • Right to have a competent and indipendent counsel preferably of his own choice or to be provided with one •Right against torture, force Violence, threat and intimidation other means vitiates his free will. or any free will. •Right not to be held in secret, solitary, incommunicado, or any similar forms of detention.
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Procedure in conducting preliminary investigation by the prosecutor
1. Filing the Complaint 2. Dismissal of the complaint or issuance of subpoena by the investigating officer 5 - Submission of counter affidavit (answer) by the respondent. 4. Clarification 5. Issuance of Resolution 6. transmital of the record of the case
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43. Is the power and authority to hear, try and decide cases to the exclusion of other courts, body or tribunal.
exclusive Jurisdiction
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What is the Forms of bail
1. Corporate surety 2. Property bond 3. Cash deposit 4. Recognizance
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is an undertaking constituted as lien on the real property given as security for the amount of the bail.
property bond
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the amount of bail fixed by the court or recommended by the fiscal who investigated or filed the case
cash deposit
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is the release of the defendant on the custody of a responsible member of the community who shall guarantee his appearance whenever required by the court.
Recognizance
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What are the kinds of Jurisdiction
1. Original Jurisdiction 2. Apellate Jurisdiction 3. Limited Jurisdiction 3. Concurrent Jurisdiction 4. Exclusive Jurisdiction 5. General Jurisdiction 7. Criminal Jurisdiction 8. Civil Jurisdiction
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Power and authority to hear, try and decide a cases brought in the court, body tribunal in the first time
Original Jurisdiction
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44. Is the power and authority to hear, try and decide cases previously heard by a lower court, body or tribunal.
Apellate Jurisdiction
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Is the power and authority decide all cases which may come before it except those assigned to other courts, body or tribunal.
General Jurisdiction
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46. Is the power and authority to hear and determine only case specified by law to be within its Jurisdiction.
limited jurisdiction
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47. Is the power and authority to hear cases which are criminal in nature.
criminal jurisdiction
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previously convicted by a final judgement of a crime embraced in the same title of RPC
Recivists
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person who, before serving a sentence or while serving a sentence, commits other felony
quasi-recidivist
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provide bail by a bond, subscribed jointly by the accused
Corporate Surety
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88. It is located in Zamboanga City whose name was followed after Ramon Blanco which has an area of 1534.6 hectares.
San Ramon and Penal form
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it is located in Palawan. It was established in 1904 by Gov. Forbes with a land area of 38,611 hectares. Was known to be ne of the most open penal institutions in the world and otherwise termed as "PRISON WITHOUT WALLS".
Ihawing Prison and Penal Form
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It is located in Mandaluyong City in November 27, 1929 by virtue of RA 3579. It has a land area of 18 hectares.
Correctional institution for women
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It was officially named on January 22, 1941 and located in Muntinlupa, Rizal. It has two satellite camp which are camp bukang liwayway and camp sampaguita.
New bilibid Prisons
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it is located in Abuyog which was established in January 16, 1973 by orders of Pres. Marcos.
Leyte Penal Colony
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It is located in January 16, 1932 with an area of 18,000 hectares and has two (2) sub-colonies.
Davao Penal Colony
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It is located in Occidental Mindoro which was established on September 27, 1954 with a land area of 16,408.5 hectares.
Sablayan Penal Colony Farm
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When within 10 years from the date of last conviction or last release for any of the crimes of serious physical injuries, less serious, theft, robbery, estafa or falsification, he is found guilty the THIRD time or ofender.
Habitual Delinquency
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The attaches equal or greater penalty, or when he has been previously punished for two or more crime previously to which the law attaches a lighter penalty
Reinteracion
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It is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.
Marriage
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prisons are administer by _______________
Bureau of correction(BuCor)
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provincial jail administer by ________________
provincial government
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Defined as an act of grace
pardon
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It is an act of sovereign power granting oblivion or general pardon for a past offense usually granted in favor of certain classes of persons
amnesty
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It is the suspension of sentence of convict after having served the minimum of the sentence imposed without granting pardon, prescribing the terms of the suspension.
parole
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Its is disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and under the supervision of probation officer
probation
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is the reduction period of imprisonment if the convict shows good behavior.
Good conduct time allowance
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validity of arrest
inquest proceeding
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probable cause
preliminary investigation
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is abjudication by the court that the accused is guilty or not guiltyof the offense charge and imposition on him of the proper penalty civil liability
judgement
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is made in open court by the judge or clerk furnishing the accused of the xopy of the complaint or information, reading the same in the language or dialect known to him, and asking him whether he plaeds guilty or not guilty.
Arraignment
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this is commited by any public officer or employee who, without legal ground, detains a person
abitrary detention
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if the detaining person is a private person.
Illegal detention
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it may also refer to society or body of people living in the same place, under the same laws and regulation which have been common rights, priveleges or interests
Community
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if the supreme court is highest court of the land, and there is no appeal to be taken, what should to file?
motion for reconsideration
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is that which presented by the accused to set him free
exculpatory evidence
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court is the institution charged with the trial, or finding out whether a person is guilty of a law.
court
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it is the religous society founded and established by Jesus Christ to recieve, preserve, and propagate His doctrines and ordinances.
church
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multiple filling of complaints filling of multiple suits involving the same parties
forum shopping
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rhese defense is based on the argument that the accused was not present at the time and place the crime was committed
alibi
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tried twice for the same crime in the same jurisdiction
double jeopardy
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In cases decided by the Regional Trial Court (RTC), if there is a question of law or fact appeal shall be taken to:
court of appeal
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In cases decided by the Regional Trial Court, if there is a pure question of law, appeal shall be taken to:
supreme court
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Is the combination of beneficial aspects of Classical, Neo-Classical, and Positivist theory which what we have at present.
electic school
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This is also known as Free-Will Theory which was established by Cesare Beccaria.
classical school
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States that criminals shall be treated like patients in the hospital, instead of punishing the. This is also known as the Italian Theory which was established by Cesare Lombroso.
positivist school / italian school
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States that since insane and minors do not know the consequences of their acts, they must be liable for the crimes they commit.
Neo-Classical shool
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It is the machinery which society uses in the prevention and control of crime.
Criminal Justice System
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This is known as the prime mover or front liner of the CJS.
Law Enforcement
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This is the pillar where preliminary investigation and inquest proceeding is conducted.
Prosecution
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This pillar conducts trial to determine the guilt of the accused.
Court
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This pillar reforms and rehabilitate offenders. This is known as the weakest pillar of the Criminal Justice System.
Correction
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molds persons from birth and. reintegrates offender back to their home.Core of Cjs
Community
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He is an officer in his commision who precides in some court.
Judge
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An order in writing issued in the name of the People of the Philippines, signed by the judge and directed to a peace officer, commanding him to arrest a person or persons stated therein and deliver them before the court.
Warrant of Arrest
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It is an order issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.
Search Warrant
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It is committed by any public officer or employee who, not being authorized by judicial order, shall enter the dwelling against the will of the owner thereof, search papers or other effects found therein without the previous consent of the owner, or, having surreptitiously entered said dwelling and being required to leave said premise, shall refuse to do so.
violation of domicile
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It is committed by any public officer or employee who procures a search warrant without just cause.
search warrant maliciously obtained
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It is committed by any public officer or employee who has legally procured a search warrant but he exceeds his authority or uses unnecessary severity in executing the same.
abuse in the authority of search warrant maliciously obtained
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It is committed by any public officer or employee who is armed with a search warrant legally procured and searches the domicile, papers, or other belongings of any person without the presence of the owner, or any member of the family, or at least two witnesses residing in the same locality .
searching domicile without witnesses
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It is committed by public officer or employee who shall detain any person for some legal grounds and shall fail to deliver such person to the proper judicial authorities within the following period: 12 hours for crimes punishable by light penalties 18 hours for crimes punishable by correctional penalties 36 hours for crimes punishable by afflictive or capital penalties (Art.125 of the RPC)
delay in the delivery of detained person to the proper judicial authority
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is committed by any person who, in any case other than those authorized by law, shall arrest or detain another for the purpose of delivering him to proper judicial authority.
unlawful arrest
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committed by any public officer or employee who, not being authorized by law, shall expel any person from the Philippine Islands or shall compel such person to change his residence.
expulsion
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it is direct acknowledge of guilt
confession
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it is indirect acknowledge of guilt
admission
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is a degree of proof produces conviction in an unprejudiced mind
proof beyond reasonable doubt
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testimony adduced by ine side is more credible and conclusive than the other
preponderance of evidence
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reasonable mind might accept as adequate to support a conclusion
substantial evidence
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deals with jails, prisons, and colonies where a convict is going to serve his sentence
institutional correction
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also known as community-based-treatment for a convict is convict serve his sentence in the community
Non-institutional correction
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the questioning of a person by law enforcement officers after that person has been taken to custody
custodial investigation
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Place of confinement for those who are sentenced with a penalty for of term not exceeding six (6) month imprisonment
municipal jail
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for those inmate who are sentenced with a penalty from (1) one day to three (3) year imprisonment
city jail
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This doctrine stated that any evidence ILLEGALY obtained is not admissible in any court proceeding.
Doctrine of the fruit of the poisonous tree