nursing jurisprudence part 4

Penalty depends upon:

a. Stages of execution

b. Participation in criminal offenses

Reformation

o jails are not called prison houses but

rehabilitation centers

Belief in PRO-REO

(in favor of the

accused) = people should be given a

chance to reform

Penalty:

fine, imprisonment, or both

Civil indemnity=

restitution, reparation of damages,

indemnity for social and personal injury (damages in

the form of MENTAL)

Damages-

sum of money or compensation

Damage-

injury, lesion, threat

Death of convict

- no imprisonment but liability is

still there

commutation

lower the penalty

reprieve

postponement of penalty

pardon

conditional or absolute pardon

Amnesty

 an extension of criminal liability for those

who are political rebels (NPA)

Pardon and other forms of executive clemency

 an absolute prerogative of the president

(absolute pardon or conditional pardon)

 all types of crime can be pardoned by

the president

 if parole is granted, you must serve in

the community for a couple of years



every birthday of president he pardons

several convicts or reprieved or lower

penalty

Prescription of crime



if crime has been committed and no

case has been filed for 20 years

JUSTIFYING AND EXEMPTING



no crime was committed

Justifying

- Totally, there is no criminal

liability. Exempted from fine and

imprisonment

 did the act but no crime has

been committed;

 no penalty = no crime = no

imprisonment (like self defense)

Exempting

- No criminal liability and

imprisonment but there is a civil liability

(pay for the damages)

 No imprisonment but has a

penalty

 Examples: minority, insanity

 If son is a minor and committed

a crime against another = no

imprisonment but must pay fine

or civil liability

MITIGATING

 lessen/reduce/palliate the penalty

 Reduce or palliate the penalty (e.g.

confession of guilt, voluntary surrender,

illness, or physical defect of the off

ender)

 Examples: vindication or have diseases

AGGRAVATING



increases penalty

 a government official has committed a

crime

 e.g. homicide elevated to murder due to

evident premeditation

ALTERNATIVE

 either mitigating or aggravating defending upon

circumstances

Unlawful Aggression

(suddenly attack)

Reasonable Means

(an eye for an eye,

a tooth for a tooth) – when attacked you

defended yourself with the same of

equal force

o not allowed if gin sumbag yaka

then tiruhon mo siya – must be

equal reasonable means

Lack of Provocation

– wala gin garit2 or

hangkat

o

Complete self-defense = gin

atake kalang gulpi

o Mitigating = ikaw una garit2 gin

atake ka niya

IMMEDIATE VINDICATION

 Self-defense should be committed before or

simultaneous

 However if tapos na pila kaadlaw kag dira ka

nagbalos =

Exempting

- no imprisonment but has fine

Lucid interval

– time when they are in

their mental faculty

o Lucid

– proper mind

o Non-lucid

– not in proper mind

 Insanity

- not liable

Nine years old and below

 Not liable but parents will pay the fine

Discernment

– ability to know what is

right from wrong

Lawful or insuperable cause

(not able to

perform duty because of lawful or insuperable

cause)

MITIGATING-

Lessen penalty