P2 Notes Updated
P2 Notes Updated
P2 Notes Updated
Legal:
*See the 14 titles of RPC.
CATEGORY A:
Acquisitive – When the offender acquires something (gain)
Extinctive – When the end result of a criminal act is destructive (destroyed)
CATEGORY B:
Seasonal – Committed only during a certain period of the year (period)
Situational – Those committed only when given the situation is conductive to its commission
CATEGORY C:
Instant – Those committed in the shortest period of time (short time)
Episodic – Those committed by a series of acts undertaken in a lengthy space of time (series)
CATEGORY D:
Static – Those committed in one place (one place)
Transitory – Those are committed in several places (many places)
CATEGORY E:
Rational – Those committed with intention and offender are sane (knowledgeable/aware)
Irrational – Those committed with persons who do not know the nature and quality of their acts on account
of the disease of mind (insane/unaware)
CATEGORY F:
White Collar – Those committed by persons of respectability (high-class professions)
Blue Collar – Those committed by ordinary professional criminals to maintain their livelihood (laborers)
CATEGORY G:
Crimes of the Upper World – Crimes by large scale syndicates (mafia/cartel/mob)
Crimes of the Lower World – Crimes committed by amateur criminals like snatching (common crimes)
MODULE 10 TERMS: DEFINING THE CONCEPT ON THE EXISTENCE OF CRIME
IMPOSSIBLE CRIME: is an act which would be an offense against a person or property was it not for the
inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual
means. Impossible crime is true only when the crime committed would have been against a person or
against property. It is, therefore, important to know what are the crimes under Title VIII, against persons
and those against property under Title X. An impossible crime is true only to any of those crimes.
FORMAL CRIMES: Formal crimes are crimes which are consummated in one instance. For example, in
oral defamation, there is no attempted oral defamation or frustrated oral defamation; it is always in the
consummated stage.
MATERIAL CRIMES: Material crimes are crimes which undergo stages such as: attempted, frustrated, and
consummated. For example: murder, homicide, etc.
A felony is consummated when all the elements necessary for its execution and accomplishment are present
(successful); and it is frustrated when the offender performs all the acts of execution which would produce
the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of
the will of the perpetrator. There is an attempt when the offender commences the commission of a felony
directly by overt acts, and does not perform all the acts of execution which should produce the felony by
reason of some cause or accident other than his own spontaneous desistance.
3 Basic Elements of Crime (Legal Aspect):
1. INTENT – the actor must have had a guilty mind. Basis: “Actus non facit reum nisi mens sit rea”
⮚ Guilty act – actus reus ⮚ Guilty – mens rea
2. KNOWLEDGE – refers to whether the behavior in question was done knowingly.
3. FREEDOM – it refers to whether the actor exercises freewill.
Note: In order for a crime to happen all these (3) elements must present.
MODULE 11: IDENTIFYING THE DIFFERENT VIEWS ON THE CAUSES AND CONTROL OF
CRIMINAL BEHAVIOR
1. CONSENSUS VIEW
•Criminal behavior is behavior in violation of criminal law.
•It is not a crime unless it is prohibited by the criminal law.
•The term consensus implies general agreement among a majority of citizens on what behaviors should be
prohibited by criminal law and henceforth be viewed as crimes.
•The law defines crimes, agreement exists on outlawed behavior, and law applied to all citizens equally.
2. CONFLICT VIEW
•The definition of crime is controlled by wealth, power, and position and not by moral consensus or the fear
of social disruption.
•It is a political concept designed to protect the power and position of the upper classes at the expense of the
poor.
•The law is a tool of the ruling class, the law is used to control the lower class, and crime is politically
defined.
PENOLOGY – Refers to the study of punishment of crime or of criminal offenders. It includes the study of
control and prevention of crime through punishment of criminal offenders. The term derived from the Latin
word “poena” which means pain and suffering. Penology is otherwise known as Penal Science. FRANCIS
LIEBER was the sociologist who coined the term penology which means punishment for criminals.
Penology is the study of a criminal and legal penalty.
CORRECTIONS – A branch of the Criminal Justice System concerned with the custody, supervision and
rehabilitation of criminal offenders.
PUNISHMENT – It is the redress that the state takes against an offending member of society that usually
involves pain and suffering
Social theory - defined as the systematic set of interrelated statements or principles that explain aspects of social
life. Theory serves as a model or framework for understanding human behavior and the forces that form it. It is
based on verified social facts or readily observed phenomena that can be constantly calculated and measured
(Siegel, 2007).
Theory – A supposition or a system of ideas intended to explain something, especially one based general
principles independent of the thing to be explained. It is derived from the Greek word “theoria” which means
“contemplation or speculation” (Oxford’s dictionary).
Theory – A plausible or scientifically acceptable general principle or body of principles offered to explain
phenomena. It is synonymous with the terms thesis, hypothesis, supposition, and proposition (Meriam-
Webster’s Dictionary).
According to APA dictionary of psychology (VandenBos, 2007) as cited in (L’Abate, 2011) a theory is a
principle or a body of interrelated principles that purports to explain or predict a number of interrelated
phenomena. In philosophy of science, a theory is a set of logically related explanatory hypotheses that are
consistent with a body of empirical facts and may suggest more empirical relationships.
Moore, 1991, stated that a theory is a related set of concepts and principle about a phenomenon. It explains how
some aspects of human behavior or performance is organized. The components of theory are concepts and
principles. A concept is a symbolic representation of an actual thing i.e. tree, chair, table, computer, distance,
etc. Construct is the word for concepts with no physical referent i.e. democracy, learning, freedom, etc. One
type of construct that is used in many scientific theories is called a variable. On the other hand, a principle
expresses the relationship between two or more concepts or constructs.
3. Constructive - Revises old theories and develops new ones based on continuing
research. The critical point relating to theory construction is its purpose to predict.
The Main Purpose of Theory is to provide the means to develop mathematical, analytical and descriptive
models that predict counterintuitive, non-obvious, unseen or difficult to obtain outcomes. The Theory is clearly
derived by some other means – it is the imagination and creative insight of the innovator by which theory is
developed.