The Effectiveness of the Law Lies in Its Execution

Introduction to Criminology: Chapter 2 - Fundamental Study of Criminal Law Essay

8/27/2009

7 Comments

 
  1. Please click this link: criminal law 1 and browse on the topic: Characteristics of Criminal Law. In your own words, define the following: a. Generality, b. Territoriality, and c. Prospectivity
  2. Differentiate the 3 philosophies underlying criminal law system.
  3. These philosophies are being applied in our Criminal Law as embodied in Act No. 3815, otherwise known as the Revised Penal Code. Now, when is our RPC classical and when is it positivist?
7 Comments
robertjames19
8/28/2009 11:43:28 am

1. (a) Generality - Means that the criminal law of the country governs all persons within the country regardless of thier race, belief, sex, or creed.
(b) Terretorialijty - Penal laws of the country have force and effect only within its terretory.
(c) Prospectivity - It means that acts or omissions will only be subject to a penal law if they are committed after a penal law had already taken effect.
2. (a) Classical - In ancient world this approach is widely used, this kind of aproach sometimes oversee the inhumane acts. This directly punished the offender without any due process of law.
(b) Positivist - This approach has a due process of law it looks to the welfare of the accused and the crime he made have to be determine to be treated of what his fault.
(c) this approach is comprehensive in nature it caters both classical and positivist approach. It requires indept investigations.

Reply
suzanne662
9/1/2009 05:26:05 pm

1. the 3 main characteristics of criminal law are defined as follows, to wit: (a) Generality - in that criminal law is binding on all persons who live or sojourn in Philippine territory; (b) Territorial - in that criminal laws undertake to punish crimes committed within Philippine territory; and (3) Prospective - in that penal law cannot make an act punishable in a manner in which it was not punishable when committed.

2.

3. criminal law is classical when: (a) the basis of criminal liability is human free will and the purpose of the penalty is retribution: (b) the man is essentially a moral creature with an absolute free will to choose between good and evil, thereby placing more stress upon the effect or result of the feloneous act than upon the man, the criminal himself; (c) it has endeavored to establish a mechanical and direct proportion between crime and penalty; (d) there is a scant regard to the human element. however, criminal law is positivist if: (a) that man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong inspite of or contrary to his volition; (b) the crime is essentially a social and natural phenomenon, and as such, it cannot be treated and checked by the application of abstract principles of law and jurisprudence nor by the imposition of a punishment, fixed and determined a priori but rather through the enforcement of individual measures in each personal and individual investigation conducted by a competent body of psychiatrists and social scientists.

Reply
Joy Lynn G. Abagon
9/1/2009 07:40:43 pm

1. a. Generality means that Criminal Law is enforceable upon everyone who reside or visit or sojourn in the country. The emphasis is on the person who commits the crime, whether he is a resident alien or not, tourist or a citizen;

b. Territoriality means Criminal Law is enforceable only for crimes committed in the Philippines. The emphasis is upon the place;

c. Prospectivity means that crimes are punished under the law in force at the time of the commission of the crime. If the act becomes a crime today, one cannot be punished if he does the act yesterday.

2. Classical/Juristic Philosophy gives more attention on the ACT committed rather than the actor, whereas the Positivist/Realistic Philosophy gives more emphasis upon the ACTOR rather that the act. Eclectic/Mixed Philosophy combines both.

3. The Revised Penal Code becomes classical when it punishes heinous crimes. It is the gravity of the act committed that is given consideration. On the other hand, it becomes positivist in crimes which are not so grave, thus, the law is more compassionate or lenient.

Reply
Nike Air Max 90 link
10/26/2010 07:17:36 pm

Cosmic beautiful, Because the love of god, Flowers are beautiful, Because of love, The sky is greenery is beautiful, Because BaiYunZhi love, Earth is beautiful, Because the love of friends! My good wishes, Through the space sent to you!

Reply
case management software for public defenders link
10/18/2014 03:18:20 pm

These philosophies are being applied in our Criminal Law as embodied in Act No. 3815, otherwise known as the Revised Penal Code. Now, when is our RPC classical and when is it positivist?

Reply
case management software for public defenders link
10/18/2014 03:18:52 pm

In your own words, define the following: a. Generality, b. Territoriality, and c. Prospectivity

Reply
alvin
12/3/2015 05:59:29 am

ano ang esarch ko xa fundamental

Reply



Leave a Reply.

Google Analytics