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Questions and Answers
Which pillar is primarily responsible for conducting lawful searches and gathering evidence?
What is the main function of public prosecutors within the Prosecution Pillar?
What is a characteristic function of the Court Pillar?
Which of the following best describes the role of the Correction Pillar?
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In what way does the Community Pillar contribute to the criminal justice system?
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Which approach in criminal justice examines the historical origins of legal thinking?
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The Lex Talionis is best described as which of the following?
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What is the purpose of penal laws?
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Which approach focuses on the pragmatic aspects of the criminal justice system?
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Which characteristic of law means it is applicable to all individuals within a specific territory?
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What type of act does the Revised Penal Code primarily deal with?
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What does the characteristic of prospectivity in law imply?
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Which of the following terms describes acts that are inherently evil?
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Which amendment allows for offenses not to be categorized under the Revised Penal Code?
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What is the definition of a felony under the Philippine legal system?
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What does the term 'mala prohibita' refer to in legal context?
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What is the primary function of the Criminal Justice System?
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Which of the following legal systems uses an inquisitorial method?
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What significant document from 1215 laid the groundwork for basic liberties in England?
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Which type of justice focuses on punishing the wrong act done rather than personal punishment?
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Which legal code is considered one of the earliest well-developed written laws?
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In Chinese Criminal Justice, what is a key characteristic of its judicial activities?
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What type of law is Canon Law primarily associated with?
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Which system of law is characterized by early unwritten legal principles and social customs?
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What type of laws does Philippine law encompass?
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What is regarded as the highest degree of proof required in a criminal justice system?
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Study Notes
Introduction to Law
- Law is defined as a rule or method that establishes the order of actions or phenomena.
- Penal laws are acts of legislature that prohibit specific actions and set penalties for their violation.
- The criminal justice system is built upon the violation of laws that are criminal in nature.
- The Revised Penal Code, which is the municipal law of the Philippines, was created through Administration Order No. 94 of the DOJ on October 18, 1927.
Criminal Law Characteristics
- Generality: Applies to all persons residing or visiting the Philippines, with exceptions detailed in treaties and laws.
- Territoriality: Laws are effective only within the state's territorial boundaries.
- Prospectivity: Punishes acts deemed criminal by law, with exceptions made for laws favorable to the accused and those who are not habitual criminals.
Types of Crimes
- Crime: An act violating public law.
- Offense: An act punishable by special laws.
- Felony: An act punishable by the Revised Penal Code, committed through intent (Dolo) or negligence (Culpa).
- Misdemeanor/Infraction of Laws: An act violating City, Municipal, or Barangay ordinances.
- Mala in se: Crimes inherently evil or wrong.
- Mala Prohibita: Crimes wrong because they are prohibited.
Justice and Its Components
- Justice refers to the fair application of laws to judge and punish crimes and criminals.
- Victimology theory, developed by Benjamin Mendelson, explores the role of victims in crime.
Sources of Law
- Code of Hammurabi: Considered the first known body of law, it addressed theft, ownership, sexual relationships, and interpersonal violence.
- Roman Law: Derived from the 12 Tables, it included the Justinian code and distinguished between private and public laws.
- Mesopotamian Laws and Codes: Among the earliest well-developed written laws, including the Babylonian Code of Hammurabi, they addressed legal procedure and penalties.
- Common Law of England: Rooted in early unwritten legal principles, customs, and practices, it was declared legal by King Edward of England.
- Magna Carta: Signed in 1215 by King John of England, it guaranteed basic liberties for British citizens, including due process of law, and served as the foundation for present liberties.
- Greek Law: Embracing ideas of great philosophers, it influenced legal reasoning with its emphasis on justice, impartiality, and common law.
- Canon Law: Ecclesiastical law, it codified ordinances and regulations for the Church and promoted the separation of law and morals.
- Germanic Law: A family of customary laws, it verbalized legal tradition and included primordial elements of laws and codes of boldness.
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Philippine Law: Consisting of written and unwritten laws, the pre-Spanish code included the Maragtas and Kalantao.
- Maragtas: The oldest written body of laws (1250 A.D.)
- Kalantao: Outlined the role of the Datus (chief) in a settlement with 100 families.
Criminal Justice Systems Around the World
- United States: An inquisitorial system with components including law enforcement, courts, and corrections.
- Spain: Follows the European continental legal system, where judges conduct investigations, providing procedural guarantees for suspects, and adversarial hearings.
- Singapore: An adversarial system with a heavily borrowed English legal framework.
- China: A Marxist criminal justice system involving judicial activities, public security branches, prosecution, and courts.
Criminal Justice System Pillars
- Law Enforcement Pillar: Prime movers of the system, they conduct searches, seizures, and gather evidence, serving as the initial point of contact with the community.
- Prosecution Pillar: Public prosecutors evaluate evidence, investigate for probable cause, and file charges with the court.
- Court Pillar: Part of the judiciary branch, courts hear and try cases, conduct investigations, and determine probable cause.
- Correction Pillar: Responsible for the safekeeping and reformation of convicted felons through jails, prisons, the Bureau of Corrections, the Bureau of Jail Management and Penology, and LGUs.
- Community Pillar: Provides support for correctional programs and acts as duty holders in administering justice, playing a crucial role in the criminal justice system.
Criminal Justice System Concepts
- Lex Talionis: The law of retaliation, based on the principle of "an eye for an eye, a tooth for a tooth."
- Criminal Behavior: The development of criminal or delinquent behavior is often a product of interactions between individuals and their environment.
- Criminal Tendencies: The presence of materials or potential to commit a crime.
- Resistance: Individual susceptibility to committing violations or failure to adhere to social standards and rules of conduct.
- Criminal Justice: The procedure for investigating, arresting, gathering evidence, charging, defending, trying, and sentencing criminals.
Institutional Approaches to Criminal Justice
- Historical Approach: Explores the origins of legal thinking and its impact on the modern criminal justice system.
- Legalistic Approach: Examines the role of legal theory in criminal justice.
- Socio-behavioral Approach: Highlights the contributions of psychology and social sciences to criminal justice.
- World Order Approach: Emphasizes a holistic view incorporating religious, economic, and socio-cultural concepts.
- Operational Reality Approach: Considers the practical aspects of the criminal justice system.
- Organizational Approach: Evaluates criminal justice procedures and mechanisms against governmental standards
- Reform Approach: Identifies and seeks to reform unjust or inhumane components of the criminal justice system.
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Description
This quiz covers key concepts in criminal law, including its definition, characteristics, and the types of crimes defined under the Revised Penal Code of the Philippines. Test your knowledge on how law applies to individuals and the principles that govern the legal system in the country.
