CRIMINAL JUSTICE CHAPTER 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)

How does the judicial system come into play with criminal justice?

What is the legal category of physical injury under?

Falls under felony

Mala in se

considered wrong even if there is no law

Mala prohibita

becomes wrong because of a statute

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

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

Types of Felony

Dolo or Culpa

Dolo

deceit: must exhibit freedom, intelligence, and intent of doing the act

Culpa

fault: freedom, intelligence, imprudent, negligent, lack of foresight failing or doing the act

What is Justice?

The process or result of using laws to fairly judge and punish crimes and criminals

Nullum crimen sine legi

no crime without law

nulla poena sine legi

no punishment without law

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