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Act.1 Cpcrim02

The document discusses the differences between criminology and criminal justice, the overlapping areas of concern between criminologists and criminal justice experts, and how crimes are defined and punished under the law. It also examines key concepts in criminal law like substantive vs procedural law, proof beyond a reasonable doubt, and the presumption of innocence. Finally, it defines criminal from criminological, legal, and criminal justice perspectives and outlines the different terms used to describe someone undergoing the criminal justice process.

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salah
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29 views

Act.1 Cpcrim02

The document discusses the differences between criminology and criminal justice, the overlapping areas of concern between criminologists and criminal justice experts, and how crimes are defined and punished under the law. It also examines key concepts in criminal law like substantive vs procedural law, proof beyond a reasonable doubt, and the presumption of innocence. Finally, it defines criminal from criminological, legal, and criminal justice perspectives and outlines the different terms used to describe someone undergoing the criminal justice process.

Uploaded by

salah
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Direction: Answer the Following Question on the best of your knowledge use

different basis as a proof of your statement.

1. What is the Difference Between Criminal Justice and Criminology?

- Criminology explains the etiology, extent and nature of the crime in society
while Criminal Justice studies the agencies of social control that handles criminal
offenders.

2. Is there an overlapping area of concern between criminal justice experts and


criminologists?

-Yes, the overlapping area of concern are criminals because criminal justice
experts practices law enforcement operation where they chasing criminals or
suspects while criminologists investigates the motives and minds of a criminals.

3. What Department of the Government Defines Crimes and Punishes and Act?

- 1987 Philippine Constitution and Our local legislative bodies.

4. What is the event that calls for operation of the Criminal Justice System? Why?

- Crime is an event that calls for the operation of criminal justice system. When a
crime is committed, it disturbs the tranquility and harmony of the society. Such
event calls upon the police to initiate police intervention by the way of
investigation and apprehension of those who violate the law.

5. From the legal definition, what are the things that apparently constitute crime?

- These things will apparently constitute crime if these things or acts are
voluntary, intentional, committed by a legal competent person, either an act of
commission or an act of omission and threatens the welfare of the society that is
punishable by judicial proceedings in the name of the state.
6. Based also on the legal definition, how may the government convict a person of
a crime?

-Once the court has determined that the accused is guilty beyond reasonable
doubt as charged and the judgment has been rendered, he is referred to as the
CONVICT.

7. How crimes classified under Book II of the Revise Penal Code?


- Crimes under the Book II of the Revise Penal Code are classified by penalties and
crimes.

8. What is the Difference between Substantive Criminal Law and Procedural


Criminal Law? Explain your answer.

- Substantive Law Law defines the elements that are necessary for an act to
constitute a crime and therefore punishable while Procedural Criminal Law refers
to a statute that provides procedures appropriate for the enforcement of the
Substantive and Criminal Law.

9. What are the legal principles or maxims regarding a crime or criminal act?

The legal principles or maxims regarding a crime or criminal act are "Nullum
crimen nulla poena sine lege”, “Actus non facit reum, nisi mens rea”

, “Actus me invito factus, non est meus actus”, Mala En se and Mala Prohibita.

10. What is the difference about the commission of a crime base on


Criminological Sense and Legal Sense? Explain your Answer.

- The commission of a crime in criminological sense is a violation of societal rules


of behavior as interpreted and expressed by a criminal legal code created by
people holding social political power while the commission of a crime in legal
sense is voluntary and intentional violation by legally competent person of a legal
duty that commands or prohibits an act for the protection of society.
11. Explain the Concept of Proof Beyond Reasonable Doubt. Give its legal basis.

- Does not means such a degree of proof as, excluding the possibility of error,
produces absolute certainty. Moral certainty is only required, or that degree of
proof which produces conviction in an unprejudiced mind.

12. Explain the Concept of the Principle of Presumption of Innocence. Give the
Source of this Principle.

-Presumption of Innocence is a disputable presumption. A disputable


presumption has the legal affect that unless it is converted or defeated by
superior evidence, it can stand on its own. Thus, in criminal cases, the prosecution
has to defeat the presumption of innocence of the accused. The source of this
principle is Art. III Sec. 14 (2), Philippine Constitution.

13. Define Criminal, in the criminologial sense, the legal sense, and as defined in
the criminal justice sense.

- In Criminological sense, a person may be considered as a criminal from

the time he or she committed a crime regardless whether or not it has

been referred or reported to the police for investigation.

-In legal sense, a person may be considered a criminal only upon

undergoing the judicial process and upon determination by the court

that he or she is guilty beyond reasonable doubt.

-In Criminal Justice sense, a criminal may be defined as one who has

undergone the process and went through all the pillars of the Criminal
Justice System.

14. What are the different nomenclatures given to the person who is being
processed under the Criminal Justice System?

-At the Police stage, during the investigation he is referred to as the SUSPECT.

-At the prosecution office, during the determination of probable cause or during
the Preliminary Investigation, he is referred to as the RESPONDENT.

-At the trial of the case, when a case has been filed in Court he is referred as the

ACCUSED.

-Once the court has determined that the accused is guilty beyond reasonable
doubt

as charged and the judgment has been rendered, he is referred to as the

CONVICT.

-It is only upon undergoing all the process when the person has served the

sentence when he can really be considered as a CRIMINAL.

15. Who is the Criminal in relation to the administration of the Criminal Justice?

-The person who has served the

sentence can really be considered as a CRIMINAL.

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