Legal Principles on Punishment

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Questions and Answers

What is a key requirement for a substitution in criminal charges compared to an amendment?

A substitution must be made with leave of court, while an amendment can be made without it if done before a plea.

How does double jeopardy apply differently to amendments versus substitutions?

Double jeopardy can be invoked with amendments as they address the same offense, while it cannot be invoked with substitutions since they involve a different offense.

What must happen to the original information when a substituted charge is filed?

The original information must be dismissed.

Where should a criminal action be filed according to the content provided?

A criminal action shall be filed in the court of the municipality or territory where the offense was committed or where any essential ingredients occurred. Signup and view all the answers

What is a preliminary investigation required for a substituted charge?

There is a need for another preliminary investigation to reassess the new information. Signup and view all the answers

What is a prejudicial question in the context of criminal law?

A prejudicial question is a legal issue that must be resolved before a criminal action can proceed, usually requiring a decision in a related civil case. Signup and view all the answers

When can an accused party move to quash a complaint or information?

An accused can move to quash the complaint or information at any time before entering a plea. Signup and view all the answers

What are two grounds for moving to quash a complaint or information?

Two grounds are that the facts charged do not constitute an offense and that the court has no jurisdiction over the offense charged. Signup and view all the answers

How does the presence of a prejudicial question affect the filing of criminal actions?

The presence of a prejudicial question can suspend the arraignment of the accused until the issue is resolved. Signup and view all the answers

What is the significance of double jeopardy in relation to complaints and information?

Double jeopardy prevents an individual from being tried twice for the same offense, ensuring legal finality in criminal proceedings. Signup and view all the answers

What is prohibited under Article III, Section 19 regarding punishments?

Excessive fines and cruel, degrading, or inhuman punishments are prohibited. Signup and view all the answers

What must happen to any death penalty already imposed according to Article III, Section 19?

It must be reduced to reclusion perpetua. Signup and view all the answers

Define Double Jeopardy as stated in Article III, Section 21.

Double Jeopardy means a person cannot be prosecuted twice for the same offense or for actions punishable under both a national law and a local ordinance. Signup and view all the answers

What two types of Double Jeopardy are defined in Section 21?

<ol> <li>Prosecution for the same offense a second time; 2) Conviction or acquittal under either a national law or a local ordinance.</li> </ol> Signup and view all the answers

What types of laws does Article III, Section 22 prohibit Congress from enacting?

Congress is prohibited from enacting ex post facto laws and bills of attainder. Signup and view all the answers

Explain what an ex post facto law is in the context of criminal justice.

An ex post facto law retroactively applies a law to acts committed before the law was enacted. Signup and view all the answers

What is the primary purpose of the Criminal Justice System as outlined in the content?

The primary purpose includes the protection of society and the maintenance of peace and order. Signup and view all the answers

What does the term 'bill of attainder' refer to?

A bill of attainder refers to a law that automatically determines a crime without providing due process or a trial. Signup and view all the answers

Study Notes

Article III, Section 19

Prohibits excessive fines and cruel, degrading, or inhumane punishment.
Death penalty allowed only for heinous crimes, with existing death penalties converted to reclusion perpetua (life imprisonment).
Law mandates humane treatment of prisoners; substandard conditions are illegal.

Article III, Section 21 - Double Jeopardy

Protects individuals from being prosecuted twice for the same offense.
Two types of double jeopardy:
- Retrial for the same offense.
- Acquittal or conviction under a national law or local ordinance serves as a bar to prosecution.

Article III, Section 22 - Laws Prohibited

Ex post facto laws and bills of attainder are prohibited.
Bills of attainder automatically determine guilt without due process.
Ex post facto laws apply retroactively, punishing acts not classified as crimes at the time committed.

Purpose of the Criminal Justice System (CJS)

Primary Purpose:
- Protects society members.
- Maintains peace and order.
Secondary Purpose:
- Covers processes like amendments and substitutions of charges.

Amendment vs. Substitution

Amendment:
- Formal or substantial changes to original charges.
- No court leave needed before plea entry.
- No preliminary investigation required if only as to form.
Substitution:
- Requires leave of court due to involvement of a different offense.
- New information must undergo a preliminary investigation.
- Different offense leads to no double jeopardy claims.

Filing Criminal Action

Criminal actions should be filed in the court of the municipality where the offense occurred or where critical elements of the offense took place.
Arraignment may be suspended for:
- Accused with unsound mental condition.
- Pending prejudicial question.
- Review petition pending with the Department of Justice or Office of the President.

Prejudicial Question

Legal term for a matter that must be resolved before a criminal action can proceed, typically arises from related civil cases.
Resolution of a prejudicial question impacts whether the criminal case continues.

Motion to Quash

Accused may file a motion to quash the complaint or information at any point before entering a plea.
Legitimate grounds for a motion to quash include:
- Facts charged do not constitute an offense.
- Lack of court jurisdiction over the case.
- Lack of court jurisdiction over the accused.
- Filing officer lacked authority.

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Description

Explore the essential legal principles outlined in Article III, Section 19 regarding excessive fines and the imposition of the death penalty. This quiz covers the prohibitions on cruel and degrading treatment of prisoners and the standards for penal facilities. Test your knowledge of human rights in the context of legal frameworks.