CLJ1 FINALS

95問 • 2年前

問題一覧

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

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.

Belives in god

Oath

does not believe in God

Affirmation

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

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

Waived by a person being searched

Consented search

A person lawfully arrested may be search for dangerous weapon or anything.

Search Incidental to Lawful arrest

Ｉllegal thing at sight may be seized even without warrant to do so.

Planview Search

BOC conduct search to enforce customs law or to regulate export and imports

Custom search

3 Tools of investigation

1. Information 2. Interrogation 3. Instrumentation

is the knowledge which the investigator gathered and acquired from other person

Information

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

is a questioning of a person who is believed to posses knowledge that is of official interests to the investigator

interview

is the application of instruments and methods of physical science to the detection of crime

Instrumentation

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.

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

43. Is the power and authority to hear, try and decide cases to the exclusion of other courts, body or tribunal.

exclusive Jurisdiction

What is the Forms of bail

1. Corporate surety 2. Property bond 3. Cash deposit 4. Recognizance

is an undertaking constituted as lien on the real property given as security for the amount of the bail.

property bond

the amount of bail fixed by the court or recommended by the fiscal who investigated or filed the case

cash deposit

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

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

Power and authority to hear, try and decide a cases brought in the court, body tribunal in the first time

Original Jurisdiction

44. Is the power and authority to hear, try and decide cases previously heard by a lower court, body or tribunal.

Apellate Jurisdiction

Is the power and authority decide all cases which may come before it except those assigned to other courts, body or tribunal.

General Jurisdiction

46. Is the power and authority to hear and determine only case specified by law to be within its Jurisdiction.

limited jurisdiction

47. Is the power and authority to hear cases which are criminal in nature.

criminal jurisdiction

previously convicted by a final judgement of a crime embraced in the same title of RPC

Recivists

person who, before serving a sentence or while serving a sentence, commits other felony

quasi-recidivist

provide bail by a bond, subscribed jointly by the accused

Corporate Surety

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

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

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

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

it is located in Abuyog which was established in January 16, 1973 by orders of Pres. Marcos.

Leyte Penal Colony

It is located in January 16, 1932 with an area of 18,000 hectares and has two (2) sub-colonies.

Davao Penal Colony

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

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

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

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

prisons are administer by _______________

Bureau of correction(BuCor)

provincial jail administer by ________________

provincial government

Defined as an act of grace

pardon

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

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

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

is the reduction period of imprisonment if the convict shows good behavior.

Good conduct time allowance

validity of arrest

inquest proceeding

probable cause

preliminary investigation

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

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

this is commited by any public officer or employee who, without legal ground, detains a person

abitrary detention

if the detaining person is a private person.

Illegal detention

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

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

is that which presented by the accused to set him free

exculpatory evidence

court is the institution charged with the trial, or finding out whether a person is guilty of a law.

court

it is the religous society founded and established by Jesus Christ to recieve, preserve, and propagate His doctrines and ordinances.

church

multiple filling of complaints filling of multiple suits involving the same parties

forum shopping

rhese defense is based on the argument that the accused was not present at the time and place the crime was committed

alibi

tried twice for the same crime in the same jurisdiction

double jeopardy

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

In cases decided by the Regional Trial Court, if there is a pure question of law, appeal shall be taken to:

supreme court

Is the combination of beneficial aspects of Classical, Neo-Classical, and Positivist theory which what we have at present.

electic school

This is also known as Free-Will Theory which was established by Cesare Beccaria.

classical school

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

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

It is the machinery which society uses in the prevention and control of crime.

Criminal Justice System

This is known as the prime mover or front liner of the CJS.

Law Enforcement

This is the pillar where preliminary investigation and inquest proceeding is conducted.

Prosecution

This pillar conducts trial to determine the guilt of the accused.

Court

This pillar reforms and rehabilitate offenders. This is known as the weakest pillar of the Criminal Justice System.

Correction

molds persons from birth and. reintegrates offender back to their home.Core of Cjs

Community

He is an officer in his commision who precides in some court.

Judge

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

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

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

It is committed by any public officer or employee who procures a search warrant without just cause.

search warrant maliciously obtained

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

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

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

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

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

it is direct acknowledge of guilt

confession

it is indirect acknowledge of guilt

admission

is a degree of proof produces conviction in an unprejudiced mind

proof beyond reasonable doubt

testimony adduced by ine side is more credible and conclusive than the other

preponderance of evidence

reasonable mind might accept as adequate to support a conclusion

substantial evidence

deals with jails, prisons, and colonies where a convict is going to serve his sentence

institutional correction

also known as community-based-treatment for a convict is convict serve his sentence in the community

Non-institutional correction

the questioning of a person by law enforcement officers after that person has been taken to custody

custodial investigation

Place of confinement for those who are sentenced with a penalty for of term not exceeding six (6) month imprisonment

municipal jail

for those inmate who are sentenced with a penalty from (1) one day to three (3) year imprisonment

city jail

This doctrine stated that any evidence ILLEGALY obtained is not admissible in any court proceeding.

Doctrine of the fruit of the poisonous tree

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問題一覧

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

requisites of a valid warrant of arrest

Belives in god

Oath

does not believe in God

Affirmation

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

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

Waived by a person being searched

Consented search

A person lawfully arrested may be search for dangerous weapon or anything.

Search Incidental to Lawful arrest

Ｉllegal thing at sight may be seized even without warrant to do so.

Planview Search

BOC conduct search to enforce customs law or to regulate export and imports

Custom search

3 Tools of investigation

1. Information 2. Interrogation 3. Instrumentation

is the knowledge which the investigator gathered and acquired from other person

Information

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

is a questioning of a person who is believed to posses knowledge that is of official interests to the investigator

interview

is the application of instruments and methods of physical science to the detection of crime

Instrumentation

Rights of a person under custodial investigation

Procedure in conducting preliminary investigation by the prosecutor

43. Is the power and authority to hear, try and decide cases to the exclusion of other courts, body or tribunal.

exclusive Jurisdiction

What is the Forms of bail

1. Corporate surety 2. Property bond 3. Cash deposit 4. Recognizance

is an undertaking constituted as lien on the real property given as security for the amount of the bail.

property bond

the amount of bail fixed by the court or recommended by the fiscal who investigated or filed the case

cash deposit

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

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

Power and authority to hear, try and decide a cases brought in the court, body tribunal in the first time

Original Jurisdiction

44. Is the power and authority to hear, try and decide cases previously heard by a lower court, body or tribunal.

Apellate Jurisdiction

Is the power and authority decide all cases which may come before it except those assigned to other courts, body or tribunal.

General Jurisdiction

46. Is the power and authority to hear and determine only case specified by law to be within its Jurisdiction.

limited jurisdiction

47. Is the power and authority to hear cases which are criminal in nature.

criminal jurisdiction

previously convicted by a final judgement of a crime embraced in the same title of RPC

Recivists

person who, before serving a sentence or while serving a sentence, commits other felony

quasi-recidivist

provide bail by a bond, subscribed jointly by the accused

Corporate Surety

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

Ihawing Prison and Penal Form

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

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

it is located in Abuyog which was established in January 16, 1973 by orders of Pres. Marcos.

Leyte Penal Colony

It is located in January 16, 1932 with an area of 18,000 hectares and has two (2) sub-colonies.

Davao Penal Colony

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

Habitual Delinquency

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

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

prisons are administer by _______________

Bureau of correction(BuCor)

provincial jail administer by ________________

provincial government

Defined as an act of grace

pardon

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

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

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

is the reduction period of imprisonment if the convict shows good behavior.

Good conduct time allowance

validity of arrest

inquest proceeding

probable cause

preliminary investigation

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

Arraignment

this is commited by any public officer or employee who, without legal ground, detains a person

abitrary detention

if the detaining person is a private person.

Illegal detention

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

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

is that which presented by the accused to set him free

exculpatory evidence

court is the institution charged with the trial, or finding out whether a person is guilty of a law.

court

it is the religous society founded and established by Jesus Christ to recieve, preserve, and propagate His doctrines and ordinances.

church

multiple filling of complaints filling of multiple suits involving the same parties

forum shopping

rhese defense is based on the argument that the accused was not present at the time and place the crime was committed

alibi

tried twice for the same crime in the same jurisdiction

double jeopardy

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

In cases decided by the Regional Trial Court, if there is a pure question of law, appeal shall be taken to:

supreme court

Is the combination of beneficial aspects of Classical, Neo-Classical, and Positivist theory which what we have at present.

electic school

This is also known as Free-Will Theory which was established by Cesare Beccaria.

classical school

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

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

It is the machinery which society uses in the prevention and control of crime.

Criminal Justice System

This is known as the prime mover or front liner of the CJS.

Law Enforcement

This is the pillar where preliminary investigation and inquest proceeding is conducted.

Prosecution

This pillar conducts trial to determine the guilt of the accused.

Court

This pillar reforms and rehabilitate offenders. This is known as the weakest pillar of the Criminal Justice System.

Correction

molds persons from birth and. reintegrates offender back to their home.Core of Cjs

Community

He is an officer in his commision who precides in some court.

Judge

Warrant of Arrest

Search Warrant

violation of domicile

It is committed by any public officer or employee who procures a search warrant without just cause.

search warrant maliciously obtained

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

searching domicile without witnesses

delay in the delivery of detained person to the proper judicial authority

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

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

it is direct acknowledge of guilt

confession

it is indirect acknowledge of guilt

admission

is a degree of proof produces conviction in an unprejudiced mind

proof beyond reasonable doubt

testimony adduced by ine side is more credible and conclusive than the other

preponderance of evidence

reasonable mind might accept as adequate to support a conclusion

substantial evidence

deals with jails, prisons, and colonies where a convict is going to serve his sentence

institutional correction

also known as community-based-treatment for a convict is convict serve his sentence in the community

Non-institutional correction

the questioning of a person by law enforcement officers after that person has been taken to custody

custodial investigation

Place of confinement for those who are sentenced with a penalty for of term not exceeding six (6) month imprisonment

municipal jail

for those inmate who are sentenced with a penalty from (1) one day to three (3) year imprisonment

city jail

This doctrine stated that any evidence ILLEGALY obtained is not admissible in any court proceeding.

Doctrine of the fruit of the poisonous tree