CRIMINAL JUSTICE CHAPTER 1

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14 Terms

1
How would we explain the branches of government with an IR lens?

The UN is the executive; the preseident is the architect of foreign Policy (Pimentel vs. Executive Secretary, 2005)

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2
How does the judicial system come into play with criminal justice?
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3
What is the legal category of physical injury under?
Falls under felony
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4
Mala in se
considered wrong even if there is no law
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5
Mala prohibita
becomes wrong because of a statute
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6
If a crime was committed in a diplomatic office of the Philippines, which jurisdiction of law is applied?
The crime would be prosecuted under Philippine law because embassies are considered territorial extensions of the state
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7
When overspeeding kills a person, what crime morality is it?
It can be considered mala in se or mala prohibita. Killing is a moral wrong (mala in se), overspeeding is not a moral question but there are written penalties
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8
Types of Felony
Dolo or Culpa
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9
Dolo
deceit: must exhibit freedom, intelligence, and intent of doing the act
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10
Culpa
fault: freedom, intelligence, imprudent, negligent, lack of foresight failing or doing the act
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11
What is Justice?
The process or result of using laws to fairly judge and punish crimes and criminals
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12
Nullum crimen sine legi
no crime without law
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13
nulla poena sine legi
no punishment without law
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14
How do you know the law is penal in character
conducts punishment; if there is a penal law; in the absence of a penal specific law, then it is not a penal law
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