MIDTERMS

53問 • 5ヶ月前

問題一覧

is the infliction of some kind of pain or loss upon a person for misdeed (i.e., transgression of a law or command).

punishment

may take forms ranging from capital punishment, flogging, forced labor, and mutilation of the body to imprisonment and fines. Deferred punishments consist of penalties that imposed only if an offense is repeated within a specific time

punishment

THE PURPOSE OF PUNISHMENT

deterrence,incapacitation,rehabilitation,retribution,restitution

Preventing future crime by frightening the defendant or the public.

deterrence

applies to an individual defendant. When the government punishes an individual defendant, he or she is theoretically less likely to commit another crime because of fear of another similar or worse punishment.

specific deterrence

applies to the public at large. When the sublic learns of an individual defendant's punishment, the sublic is theoretically less likely to commit a crime because of lear of the punishment the detendant experienced. When the public learns, for example, that an individual defendant was everely punished by a sentence of life in prison or deatl senalty, this knowledge can inspire a deep fear of criminal prosecution.

general deterrence

Prevents future crime removing the defendant from society. Examples are incarceration, house arrest, or execution pursuant to death penalty

incapacitation

Prevents future crime by altering a defendant's behavior. Examples includes educational and vocational program, treatment center placement and counseling.

rehabilitation

The court can combine ___ with incarceration or with probation and parole. In some states, for example, nonviolent drug offenders must participate in this in combination with probation, rather than submitting to incarceration. This lightens the load of jails and prison while lowering recidivism, which means reoffending.

rehabilitation

Prevents future crime by removing the desire for personal avengement (in form of assault, battery, and criminal homicide, for example) against the defendant.

retribution

When victims or society discover that the defendant has been adequately punished for a crime, they achieve a certain satisfaction that our criminal procedure is working effectively, when enhances faith in law enforcement and our government.

retribution

Prevents future crime by punishing the defendant financially.

restitution

is when the court orders the criminal defendant to pay the victim for any harm and resembles a civil litigation damages award. This can be physical injuries, loss of property or money, and rarely, emotional distress. It can also be a fine that covers some of the costs of the criminal prosecution and punishment.

restitution

Meaning of UDHR

universal declaration of human rights

was established in response to the atrocities during WWII, including the Holocaust.

udhr

The document outlines the human rights that all people are entitled to such as freedom from torture, freedom of expression, and the right to seek asylum. When those rights aren't protected or blatantly disregarded, they are violated

udhr

Those violated through genocide, torture, and arbitrary arrest. These violations often happen during times of war, and when a human rights violation intersects with the breaking of laws about armed conflict, it's known as a war crime.

civil and political rights

is current one of the largest issues on the global scale as millions of men, women, and children are forced into labor and sexual exploitation. Religious discrimination

human trafficking

rights include the right to work, the right to education, and the right to physical and mental health. This rights can be violated by states and other actors.

economic,social and cultural rights

___ Carries the primary burden of responsibility for protecting and encouraging human rights. When government ratifies a treaty, they have a three-fold obligation. They must respect, protect, and fulfill human rights.

states

three-fold obligation

respect,protect,fulfill human rights

"AN ACT CREATING A BOARD OF CLAIMS UNDER THE DEPARTMENT OF JUSTICE FOR VICTIMS OF UNJUST IMPRISONMENT OR DETENTION AND VICTIMS OF VIOLENT CRIMES AND FOR OTHER PURPOSES"

ra 7309

When should a claim be filed

should be filed with the board by the person entitled to compensation within 6 months after release from imprisonment or detention

How is claim filed

A claimant may file a claim with the board by filing up an application from with the Secretariat of Board of Claims, Department of Justice. Thereafter, he will be interviewed, and he will be duly notified of the action taken by the Board.

HOW MUCH IS GIVEN TO A QUALIFIED APPLICANT?

1k per month, 10k to reimburse the claimant the expenses incurred for hospitalization, medical treatment, loss of wage, loss of support or other expenses directly related to the injury, whichever is lower to determined by the Board.

Section 8 provided that: "Any aggrieved claimant may appeal, within ____ from receipt of the resolution of the Board, to the Secretary of Justice whose decision shall be final and executory"

15 days

Protection of Victims and Witnesses

section 13

Protection of the victims and Witnesses and their participation in the proceedings:

article 68

REPARATIONS TO VICTIMS

article 75

Is a process through which remorseful offenders accept responsibility for their misconduct, particularly to their victim and to the community.

restorative justice

This process is actively participated in by the victim, the offender, and/or any individual or community member affected by the crime resolve conflicts resulting from the criminal offense, often with the help of a fair and impartial third party.

restorative justice

CCPCJ

commission on crime prevention and criminal justice

UNO

united nations organization

is empowered to create innovation policies, programs, and activities to facilitate the reintegration of its clientele commission of crime. Therefore, adopts Restorative Justices as one of its rehabilitation programs which utilizes restorative processes and aims to achieve restorative outcome.

parole and probation administration

Who Approves case for Peace Encounter Conference and issues office orders and Implement and monitors plan and agreements achieved during the conference and sets direction to realize success of the process.

chief probation and parole officer

ensure that the conference shall be conducted without interruption in a comfortable location and shall secure the safety of all stakeholder;

facilitators

shall also be consulted relative to the composition of the panel of facilitators. Any party may move to oppose the inclusion of persons by reason of relationship, bias, interest or other similar grounds that may adversely affect the process;

stakeholders

shall accordingly be recognized and utilized to conform with the customs and tradition of that particular cultural community.

indigenous system of setting differences or disputes

Is a community-based gathering that brings the victim, the victimized community, and the offender together. It supports the healing process of the victims by providing a safe controlled setting for them to meet and speak with the offender on a confidential and strictly voluntary basis. .

peacemaking counter

It also allows the offender to learn about the impact of the crime to the victim and his/her family, and to take direct responsibility for his/her behavior. Likewise, it provides a chance for the victim and the offender to forge a mutually acceptable plan that addresses the harm caused by the crime

peacemaking counter

- a process that provides an interested victim an opportunity to meet face to face his/her offender in a secured and structured setting or atmosphere, with the help of trained mediator, and engage in a discussion of the past offense and its impact to his/her life. Its goal is to support the healing process of the victim and allow the offender to learn the impact of his/her offense on the victim's physical, emotional and financial existence, and take direci responsibility for his/her behavior by mutually developing a Restorative Justice plan that addresses the harm caused by said offense

victim/offender mediation

- a process which involves community of people most affected by the crime - the victim and the offender and their families, the affected community member and trained facilitators and community strength - in a restorative discussion of issues and problem arising from an offense or coincidence which affects community the above parties are gathered their own volition to discuss how they and others have been harmed by the offense or conflict, and how that harm may be repaired and broken relationship may be restored.

conferencing

- a community directed process organized by the field office and participated in by the client, the Volunteer Probation Aides (VPAs) and selected members of the community in the discussion of the offense and its impact. Within the circle, people freely speak from the heart in a shared search for understanding the incident, reconciliation and healing of all affected parties and prevent future crime or conflict.

circle if support

Is a process upon which the offender accept accountability for the financial and/or non-financial losses he/she may have caused to the victim. Restitution is a core" victim's right is very crucial in assisting the redirection of the victims right. Part of the conditions of probation as imposed by the Court is the payment of civil liability to indemnify the victim of the offender, and to inculcate to the offender a sense of responsibility and obligation towards the community. Consequently, the probation and parole officer should see to it the offender complies with this condition.

restitution

Whether imposed as a condition of offender's conditional liberty or integral part of his treatment plan, should be purposely motivated to make the offender realize that he/she incurred an obligation to make things right.

community work service

- offenders will develop their nurturing need thru caring for other people; example: with senior citizens, with orphanage, or with street children.

mentoring and integrational service

- to link directly with the business project examples: cleaning downtown area, tree planting, maintenance of business zones, housing restoration, garbage and waste management cleaning of esteros, recycling, construction, repair of streets and the like.

economic development

- experimental activities which involving solving community problems; example: puppet shows that showcase the values, street dramas, peer counseling.

citizenship and civic participation

- this will enhance offender's self esteem; examples: assist handicapped, assist in soup kitchen, tutor peers, visit the aged in jail and hospitals.

helping the disadvantaged

- examples: Brgy. Ronda, giving testimony to the Youth.

crime prevention project

The __ should ensure the adoption of community work services to facilitate the reintegration of the offender in the community.

probation and parole officer

It will enhance client's interpersonal relationship, and it will help him/her become more aware of his/her shortcomings/weaknesses. This will also help him/her overcome painful experiences that drove him/her to commit crime/offense.

counseling

An intervention which provides recovering drug dependents or those with serious behavioral problems an opportunity to discuss their problems.

group therapy session

NON-INSTI

jordi · 40問 · 1年前

NON-INSTI