問題一覧
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- any act considered as wrong or that violates the standard norms - mala inse (crime in nature)
crime in social context
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- there must be an overt bodily movement
act
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- it can be seen or observed
overt
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- based on the laws of the land - mala prohibita - an act or omission in violation of the law
crime in legal context
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- system of rule embodied by different principles that bind the practice concering human conduct
law
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laws are made by those who are in authority as set and provided by the ?
1987 philippine constitution
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highest and supreme law of the land
1987 philippine constitution
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two crime thay can be committed through
through an act, through omission
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example of through an act performed by the offender
theft, robbery, murder, homicide, illegal possession of firearm, human trafficking
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crime by omission
delaying release, evasion of service of sentence, failure to make delivery of public funds and property, refusal of assistance
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- crimes that violate the Revised Penal Code (Act 3815)
felony
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- acts which where defined as crime as a result of Special law enacted
offense
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- these are minor viomations or infraction (not serious injuries or damages)
misdemeanor
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- those are acts as crime, which by nature are wrong or evil (MALA IN SE)
revised penal code
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- those that identify an act as a crime (MALA PROHIBITA) as a result of enactment of the laws
special penal law
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- any person accused or charged of a crime through an act or omission
offender
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- systematic examination to crack and solve an allegation
investigation
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- the contention that someone had committed a crime
allegation
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- the obligation of a person for the charges as result of his criminal act
criminal responsibility
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- the characteristic of a certain group of people which commonly include their ways of living
culture
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as amended cited that "the customs and traditions of indigenous cultural communities shall be applied in settling disputes between members of the cultural communities" (RA 7160).
presidential decree 1508
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someone who is not yet in their puberty stage
minor
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wherein the child is already capable of reproduction
puberty
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any person below the age of 18 years
child
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persons under 18 years of age
children
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individuals whose mind are in the state of sickness or ill - who cannot decide on their own snd cannot take good care of themselves
lunatics
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the stage of the individuals whereby parents authority over him ceases
age of emancipation
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age of emancipation
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age of incarceration
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child who are ___ and below during the commission of crime shall automatically EXEMPT from criminal responsibility
15, republic act 9344
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- who are vested with the power to effect investigation of cases
pnp police force
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- is necessary as it is one of the regulatory means of government to control, maintain and ensure of its people within the bounds of the law
police power
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- the capacity of the police to initiate investigations of cases
investigative police power
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every person are considered innocent unless proven to be guilty
presumption of innocence
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- states that a person is guilty based on moral certainty
beyond reasonable doubt
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- sense that a person is proven guilty based on how the court appreciated the evidence presented during trial
moral certainty
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- judgement rendered by the trial court that the accused person is guilty
conviction
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- the knowledge, nature, implication of the different crimes that investigator shoulf know and possess (talent, skills)
substantive criminal investigation
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- knowledge regarding the rules on how pieces of physical evidence should be be processed (ways how to investigate)
procedural criminal investigation
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- any material or substance which is found in the crime scene (has logical connection to ghetto offense charged)
physical evidence
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- the are where the crime took place - where all pieces of evidence were gathered and collected
crime scene
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- primary source that will serve as the bases in prosecuting the person who will be held for trial
evidence
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TWO REQUIREMENT ON HOW EVIDENCE SHOULD BE ADMITTED:
evidence must be relevant, evidence must be competent
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it has a logical connection to the fact in issue brought before the court
evidence must be relevant
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it does not violate any procedural requirements during gathering
evidence must be competent
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CLASSIFICATIONS OF EVIDENCE
object evidence, testimonial evidence, documentary evidence
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these are the actual materials that are recovered from crime scene
object evidence
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form of testimony, eyewitness in the comimidsion of thr crime and who have knowledge regarding its commission (ORAL OR WRITTEN)
testimonial evidence
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these are evidences in document form which includes some electronic evidence, text, chat, mail (printable)
documentary evidence
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evidence which directly proves the cases under investigation
direct evidence
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these are combinations of different events (indirect evidence) (need much deeper investigation)
circumstantial evidence
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have a different character from the one previously offered
corroborative evidence
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have a similar nature and character to the one previously offered (strong evidence)
cumulative evidence
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which he clearly manifest that an event or scenario exist or did not exist
positive evidence
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which he is not certain as a whether an event or scenario exist or did not exist (have doubt)
negative evidence
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which may produce a conviction if to rebuttal evidence can be shown (evidence na hindi mo kayang itanggi or di na kayang ipaglaban)
prima facie evidence
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offered to contradict an evidencepresviously offered (pagtanggi)
rebuttal evidence