Podcast
Questions and Answers
What does free will refer to in the context of human behavior?
What does free will refer to in the context of human behavior?
- The ability to choose between right and wrong (correct)
- The absence of any constraints on choice
- The tendency to act against rational judgment
- Decisions made solely based on emotional responses
Who introduced the concept of pain and suffering as central determinants of human behavior?
Who introduced the concept of pain and suffering as central determinants of human behavior?
- John Stuart Mill
- David Hume
- Cesare Beccaria (correct)
- Jeremy Bentham
Which principle states that 'the law may be harsh but it is the law'?
Which principle states that 'the law may be harsh but it is the law'?
- Lex Talionis
- Utilitarian Principle
- Hedonistic Calculus
- Dura Lex Sed Lex (correct)
What is one of the objectives of general deterrence in criminal punishment?
What is one of the objectives of general deterrence in criminal punishment?
Which element is NOT part of the three elements required for punishment to be effective?
Which element is NOT part of the three elements required for punishment to be effective?
What does the principle 'Lex Talionis' advocate for?
What does the principle 'Lex Talionis' advocate for?
Which philosopher is known for the concept of hedonistic calculus?
Which philosopher is known for the concept of hedonistic calculus?
What was one criticism of the Classical Theory related to punishment?
What was one criticism of the Classical Theory related to punishment?
What defines someone as a criminal according to the legal definition?
What defines someone as a criminal according to the legal definition?
Which type of criminal acts impulsively or in a fit of passion?
Which type of criminal acts impulsively or in a fit of passion?
Which behavior best describes a Professional Criminal?
Which behavior best describes a Professional Criminal?
Which of the following is NOT a characteristic of Accessories?
Which of the following is NOT a characteristic of Accessories?
What differentiates a Chronic Criminal from an Ordinary Criminal?
What differentiates a Chronic Criminal from an Ordinary Criminal?
In the context of criminal classification, which type of criminal is considered to have a high degree of organization?
In the context of criminal classification, which type of criminal is considered to have a high degree of organization?
What defines an Active Criminal based on mental attitude?
What defines an Active Criminal based on mental attitude?
Which definition of a criminal addresses violations of social norms?
Which definition of a criminal addresses violations of social norms?
What constitutes a mistake of fact in a criminal context?
What constitutes a mistake of fact in a criminal context?
Which of the following is included as a category under criminal liability?
Which of the following is included as a category under criminal liability?
What is the primary distinction between 'principals by direct participation' and 'principals by inducement'?
What is the primary distinction between 'principals by direct participation' and 'principals by inducement'?
Which situation best exemplifies 'abberratio ictus'?
Which situation best exemplifies 'abberratio ictus'?
What is a requirement for establishing an impossible crime?
What is a requirement for establishing an impossible crime?
In the case presented, who can be considered an accessory?
In the case presented, who can be considered an accessory?
If a person hires a hitman to kill someone, who is liable under the law?
If a person hires a hitman to kill someone, who is liable under the law?
What does 'error in persona' refer to in criminal law?
What does 'error in persona' refer to in criminal law?
What is the minimum educational qualification required for the Chairperson and members of the Board?
What is the minimum educational qualification required for the Chairperson and members of the Board?
Which of the following is NOT one of the qualifications for the Chairperson and members of the Board?
Which of the following is NOT one of the qualifications for the Chairperson and members of the Board?
How long is the term of office for the Chairperson and members of the Board?
How long is the term of office for the Chairperson and members of the Board?
Which of the following disqualifies a person from being a Chairperson or member of the Board?
Which of the following disqualifies a person from being a Chairperson or member of the Board?
Under what conditions can the Chairperson and members be reappointed?
Under what conditions can the Chairperson and members be reappointed?
What prior experience is required before appointment as Chairperson or member?
What prior experience is required before appointment as Chairperson or member?
What is the role of the Commission regarding the Board's appointments?
What is the role of the Commission regarding the Board's appointments?
Which of the following criteria ensures the Chairperson and members maintain professional integrity?
Which of the following criteria ensures the Chairperson and members maintain professional integrity?
Who presides over cases concerning the technical practice of criminology?
Who presides over cases concerning the technical practice of criminology?
What action should be taken if an applicant for the licensure examination has been convicted of a crime involving moral turpitude?
What action should be taken if an applicant for the licensure examination has been convicted of a crime involving moral turpitude?
What happens if an examinee is found guilty of a crime involving moral turpitude?
What happens if an examinee is found guilty of a crime involving moral turpitude?
How long does a decision from the Board become final and executory if not appealed?
How long does a decision from the Board become final and executory if not appealed?
What type of proceedings can the Legal or Hearing Officers conduct against examinees?
What type of proceedings can the Legal or Hearing Officers conduct against examinees?
What must the Board submit to the Commission after the completion of each calendar year?
What must the Board submit to the Commission after the completion of each calendar year?
What power does the Board possess aside from those explicitly granted?
What power does the Board possess aside from those explicitly granted?
What authority does the Board have regarding applicants for the licensure examination?
What authority does the Board have regarding applicants for the licensure examination?
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Study Notes
Classical Theory
- Asserts individuals have free will to choose right or wrong.
- Argues most human behavior is a result of free will and rational choice.
- Cesare Beccaria (Essay on Crimes and Punishment) and Jeremy Bentham (Utilitarian Hedonism) are proponents of the theory.
- Key components include: punishment fitting the crime, not the criminal; focus on the crime, not the criminal's mental state.
Deterrence Theory
- A key aspect of classical theory.
- Aims to prevent crime through the fear of punishment.
Two Purposes of Punishment
- Specific Deterrence: Punishment teaches the offender a lesson.
- General Deterrence: Punishment serves as a lesson to the public.
Three Elements of Effective Punishment
- Swiftness: Punishment is delivered promptly.
- Severity: Punishment is proportionate to the crime.
- Certainty: The likelihood of punishment is high.
Hammurabi Code
- Imposed cruel and harsh punishments for convicted offenders.
- Based on the "Lex Talionis" principle, known as "an eye for an eye and a tooth for a tooth."
Jeremy Bentham
- Promoted the "Panopticon" prison design, a concept where the inmates are always under potential observation.
- His theory of hedonism states that people seek pleasure and avoid pain.
- Advocated for the "Hedonistic Calculus" that calculates the presence of pleasure over pain.
- Proposed Utilitarianism, a philosophy that emphasizes the greatest good for the greatest number.
Arguments Against Classical Theory
- Unfair and unjust, failing to consider individual circumstances.
- Neglects the mental condition of the offender.
- Definition of punishment is not individualized.
Mistake of Fact
- A misapprehension where the person causing injury misunderstood the facts.
- The offender is not criminally liable.
- Examples: People of the Philippines vs. Achong.
Types of Errors in Intent
- Error in Personae: Mistake in identity.
- Abberatio Ictus: Mistake in the intended target of the blow.
- Praeter Intentionem: Lack of intent to commit a grave wrong.
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