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Evolution of Criminal Laws
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Evolution of Criminal Laws

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Questions and Answers

What is the primary goal of crime prevention?

  • To apprehend criminals
  • To detect crimes
  • To enforce laws and ordinances
  • To eliminate the opportunity for the commission of a crime (correct)
  • What is the term for the discovery of a crime by the police?

  • Criminal apprehension
  • Law enforcement
  • Crime detection (correct)
  • Patrol
  • What is the legal term for taking a person into custody?

  • Imprisonment
  • Apprehension
  • Arrest (correct)
  • Detention
  • What is a warrant of arrest?

    <p>An order in writing issued by a judge to take a person into custody</p> Signup and view all the answers

    When can an arrest be made?

    <p>On any day and at any time</p> Signup and view all the answers

    What is the purpose of a warrant of arrest?

    <p>To take a person into custody in order to answer for the commission of an offense</p> Signup and view all the answers

    What is the role of patrol officers in the police department?

    <p>To be the most valuable people in the organization</p> Signup and view all the answers

    How long is a warrant of arrest valid?

    <p>Until the person is arrested or surrenders</p> Signup and view all the answers

    What is the primary responsibility of the Philippine Drug Enforcement Agency (PDEA)?

    <p>Enforcing law on dangerous drugs and controlled substances</p> Signup and view all the answers

    When was the National Bureau of Investigation (NBI) reorganized into the Bureau of Investigation?

    <p>June 19, 1947</p> Signup and view all the answers

    Who assisted in organizing the Division of Investigation (DI) of the NBI?

    <p>Flaviano C. Guerrero and Thomas Dugan</p> Signup and view all the answers

    What is the rank of the Director General of the PDEA?

    <p>Undersecretary</p> Signup and view all the answers

    What is the principle of punishment in the Code of Hammurabi?

    <p>An eye for an eye, tooth for a tooth</p> Signup and view all the answers

    What is the character of the National Bureau of Investigation (NBI)?

    <p>Civilian</p> Signup and view all the answers

    Who appoints the Director General of the PDEA?

    <p>The President of the Philippines</p> Signup and view all the answers

    Who is credited with being the first codifier of laws?

    <p>Hammurabi</p> Signup and view all the answers

    What is the scope of the National Bureau of Investigation (NBI)?

    <p>National</p> Signup and view all the answers

    What was the primary material used to carve the Code of Hammurabi?

    <p>Stone</p> Signup and view all the answers

    Which of the following codes is known for its severity?

    <p>Code of Drakon</p> Signup and view all the answers

    What is the name of the act that created the PDEA?

    <p>Republic Act No. 9165</p> Signup and view all the answers

    What was the outcome of Solon's legislative powers?

    <p>Repeal of all laws except the law on homicide</p> Signup and view all the answers

    What is the significance of the Twelve Tables in Roman law?

    <p>They were the foundation of all laws in Rome</p> Signup and view all the answers

    What is the most likely form of punishment in primitive tribes?

    <p>Ostracism and expulsion</p> Signup and view all the answers

    What is the principle of punishment that Solon believed in?

    <p>Punishment that maintains proportionality to the crimes committed</p> Signup and view all the answers

    During the arraignment stage, what is the primary purpose of the judge or clerk of court?

    <p>To inform the defendant of the charges against him</p> Signup and view all the answers

    What is the result of a guilty plea?

    <p>The defendant is sentenced</p> Signup and view all the answers

    What is the primary purpose of the pre-trial stage?

    <p>To resolve issues and prepare for trial</p> Signup and view all the answers

    What is the requirement for the accused to be present during the arraignment stage?

    <p>The accused must be physically present in court</p> Signup and view all the answers

    What is the purpose of plea bargaining during the pre-trial stage?

    <p>To reduce the charge or sentence in exchange for a guilty plea</p> Signup and view all the answers

    What is the result of a not guilty plea?

    <p>The case proceeds to trial</p> Signup and view all the answers

    What is the purpose of marking evidence for identification during the pre-trial stage?

    <p>To prepare evidence for trial</p> Signup and view all the answers

    What is the stage where the issues are joined in a criminal action?

    <p>Arraignment stage</p> Signup and view all the answers

    What is amnesty in the context of the criminal justice system?

    <p>A special form of pardon exercised by the President</p> Signup and view all the answers

    What is the purpose of parole in the criminal justice system?

    <p>To provide guidance and control to prisoners serving their sentences in the community</p> Signup and view all the answers

    What is probation in the context of the criminal justice system?

    <p>A disposition under which a defendant is released subject to conditions imposed by the court</p> Signup and view all the answers

    What is the role of the community as the fifth pillar of the criminal justice system?

    <p>To mobilize and energize elements to help authorities address law and order concerns</p> Signup and view all the answers

    What is the main responsibility of the community in relation to law enforcement?

    <p>To help authorities address law and order concerns</p> Signup and view all the answers

    What is the purpose of the Probation Law of 1976?

    <p>To provide a disposition under which a defendant is released subject to conditions imposed by the court</p> Signup and view all the answers

    What is the Indeterminate Sentence Law?

    <p>A law that took effect on 5 December 1933 and provides for parole</p> Signup and view all the answers

    What is the role of the court in granting probation?

    <p>To impose conditions on a defendant released on probation</p> Signup and view all the answers

    Study Notes

    Evolution of Criminal Laws

    • Primitive tribes punished crimes with ostracism, expulsion, and avenging by the victim or their family
    • Code of Hammurabi (18th century BC) was the first comprehensive law code, carved on stone, and introduced the "law of talion" or "an eye for an eye"
    • The Hittites existed two centuries after Hammurabi and conquered Babylon
    • Code of Drakon (7th century BC) was known for its severity
    • Laws of Solon (7th century BC) repealed the Code of Drakon, except for the law on homicide, and introduced laws that applied equally to all citizens

    Criminal Justice System

    • The Philippine National Police enforces laws and ordinances, including the Revised Penal Code, special penal laws, and city/municipal ordinances
    • Crime prevention eliminates the opportunity for crime to occur
    • Police patrol is the backbone of the police department
    • Crime detection is the discovery of a crime, reported by victims, witnesses, or police
    • Criminal apprehension is the legal term for arrest
    • Arrest can be made with or without a warrant, on any day and at any time
    • Warrant of arrest is an order issued by a judge, commanding a peace officer to take a person into custody

    Circumstances of Warrantless Arrest

    • A peace officer or private person can arrest without a warrant in certain circumstances, such as consented warrantless search, customs search, stop and frisk search, and exigent and emergency circumstances

    Criminal Investigation

    • National Bureau of Investigation (NBI) was established in 1936 and is a government entity under the Department of Justice
    • Philippine Drug Enforcement Agency (PDEA) was created in 2002 and is responsible for enforcing laws on dangerous drugs and controlled substances

    Criminal Proceedings

    • A criminal proceeding consists of five main stages: arraignment, pre-trial, trial, judgment, and appeal
    • Arraignment is the reading of the criminal complaint or information to the defendant, and the defendant's plea is either guilty or not guilty

    Pre-trial

    • A conference called by the judge, requiring the presence of both the prosecution and the accused, to discuss plea bargaining, stipulation of facts, marking of evidence, waiver of objections, and modification of the order of trial

    Amnesty and Parole

    • Amnesty is a special form of pardon exercised by the President, extended to a certain class of people, usually political offenders, and requires Congressional approval
    • Parole is a procedure by which prisoners are selected for release based on individual response and progress within the correctional institution and are provided with necessary control and guidance

    Probation

    • Probation is a disposition under which a defendant after conviction and sentence is released subject to conditions imposed by the court and under the supervision of a probation officer
    • Probation is a privilege granted by the court to a person convicted of a criminal offense to remain in the community instead of going to prison

    Community as the Fifth Pillar of the Criminal Justice System

    • The community plays a vital role in law enforcement, with responsibilities that include supporting authorities in addressing law and order concerns

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    Description

    Explore the development of criminal laws from primitive tribes to ancient civilizations like Babylon and Greece, including the Code of Hammurabi and the Laws of Solon.

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