...and provides for their punishment. CHARACTERISTICS OF CRIMINAL LAW 1. GENERAL - it is binding on all persons who live or sojourn in the Philippine territory (Art. 14, NCC) EXCEPTIONS: a) Treaty stipulations b) Laws of preferential application c) Principles of Public International Law. The following persons are exempted: a. Sovereigns and other chief of state b. Ambassadors,ministers, plenipotentiary, minister resident and charges d’affaires. Consuls, vice-consuls and other commercial representatives of foreign nation cannot claim the privileges and immunities accorded to ambassadors and ministers. 2. TERRITORIAL – penal laws of the Philippines are enforceable only within its territory. EXCEPTIONS: (Art. 2, RPC) i.e., enforceable even outside Philippine territory. 1) Offense committed while on a Philippine ship or airship 2) Forging or counterfeiting any coin or currency note of the Philippines or obligations and securities issued by the Government. 3) Introduction into the country of the above-mentioned obligations and securities. 4) While being public officers or employees should commit an offense in the exercise of their functions. 5) Should commit any of the crimes against national security and the law of nations defined in Title One of Book Two. EXCEPTION TO THE EXCEPTION: Penal laws not applicable within or without Philippine territory if so provided in treaties and laws of preferential application. (Art.2, RPC) 3. PROSPECTIVE GENERAL...
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...Approximately, 4690 gallons of fluid were gasoline. The gasoline discharged in Lewis Street made its way to storm drain and emptied into Possum creek. City had to recruit several vacuum trucks to decontaminate the creek. The gasoline discharged onto manhole flowed its way to the city sewage treatment center. To restore a safe a condition, essential personnel, firefighters and hazardous crews had to be recruited. Two schools around the area also evacuated. Mr. Ahmed was charged against three violations of Clean Water Act: knowingly discharging a pollutant into navigable water of the United States (plaintiff) without a permit, knowingly operating a source in violation of pretreatment requirements and knowingly placing others in imminent danger through a pollutant. Ahmad did not dispute the conduct although he mentioned, he did not meet the requirement of “knowingly”. Jury found Mr. Ahmad guilty on two of the charges he...
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...Five Categories of Crime Cherina Harrell Instructor Alina Perez-Sheppe Introduction to Criminal Justice Oct.3, 2011 In America there are five categories of crime. They are felonies, misdemeanors, offenses, treason and espionage and inchoate offenses. The first on that I am going to discuss is a felony. A felony is a crime punishable by imprisonment for more than twelve months. A person can also get life I prison or lethal injection for a felony. A felony can also be grouped as violent or non violent offenses. The rank of seriousness differs in many states. In New York State, the felonies are ranked in classes such as E, D, C, B, AI and AII. AI is the most severe. Other states rank numerically such as capital, life, 1st degree, 2nd degree and so on. A felony includes offenses as terrorism, treason, arson, kidnapping, burglary, robbery, rape, and murder. If a person gets convicted of any of these offenses they could receive up to 25 years imprisonment of life imprisonment. The second crime is a misdemeanor. A misdemeanor is a lesser criminal act than a felony and is usually punished by paying a fine. The imprisonment for a misdemeanor may include offenses such as drug possession, petty theft and simple assault. The state government and the federal government classify misdemeanors into different classifications, Class 1, Class 2, Class 3, and Class 4 according to the seriousness of the crime. A misdemeanor is tried different in court than a felony. A misdemeanor...
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...dictionary as an act or the commission of an act that is forbidden or the omission of a duty that is commanded by a public law and that makes the offender liable to punishment by that law (Merriam-Webster, n.d.). Under the law, there are two chief categorizations of crimes. The first is categorization is a felony. Felony crime is the worst class of crime and is punishable by a death sentence or a prison term. Some examples of felony crimes are kidnapping, arson, murder, and robbery (americanbar.org, n.d.). The second categorization of crime is known as a misdemeanor and carries a less severe punishment. Some examples of misdemeanors are resisting arrest, public intoxication, and simple battery. On the other hand, the same offense may be either a felony or a misdemeanor depending on the degree of the offense. One example is driving under the influence of drugs or alcohol. The first or even the second offense is generally a misdemeanor. Subsequently after a determined amount of prior convictions for driving while under the influence, the next violation may be prosecuted as a felony offense (ameicanbar.org, n.d.). Another distinction between felonies and misdemeanor is the sentencing that is handed down. Most states, as well as, the federal government class a felony as all crimes that carry a mandatory sentence of one or more years. On the other hand, a misdemeanor is an offense that is punishable by a sentence of up to one year. Some states determine the difference between a felony...
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...The term “crimes against the person” refers to a broad array of criminal offences which usually involve bodily harm, the threat of bodily harm, or other actions committed against the will of an individual. Involving bodily harm, or the threat of bodily harm, includes assault, battery, and domestic abuse. Additionally, offences such as harassment, kidnapping, and stalking also are considered crimes against the person. The crime I have chosen to research is assault and sexual assault. English law provides for two offences of assault: common assault and battery. Assault is committed if one intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence. Violence in this context means any unlawful touching, though there is some debate over whether the touching must also be hostile. Confusingly, the terms "assault" and "common assault" often encompass the separate offence of battery, even in statutory settings such as the Criminal Justice Act 1988. A common assault is an assault that lacks any of the aggravating features which Parliament has deemed serious enough to deserve a higher penalty. Section 39 of the Criminal Justice Act 1988 provides that common assault, like battery, is triable only in the magistrates' court in England and Wales (unless it is linked to a more serious offence, which is triable in the Crown Court). Additionally, if a Defendant has been charged on an indictment with assault occasioning actual bodily harm or racially/religiously...
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...provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." Officials that infringe on these liberties. The Fifth Amendment to the Constitution, ratified in 1791, represents five distinct liberties the that Framers attempted to safeguard from majoritarian impulses: (1) the right to be indicted by an impartial Grand Jury before being tried for a federal criminal offense,(2) the right to be free from multiple prosecutions or punishments for a single criminal offense, (3) the right to remain silent when prosecuted for a criminal offense, (4) the right to have personal liberties protected by Due Process of Law, and (5) the right to receive just compensation when the government takes private property for public use. Right to Due Process The Due process is the interactions between government and individuals and other criminal inquires often involves constitution which has two process class one found in the fifth amendment’s which applies to federal cases...
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...are allowed to enter a plea of not guilty or autrefois acquit, which is a French law meaning a person has been found not guilty of the same charge in a previous trial with the same evidence and cannot be retried for the same crime regardless of what new evidence that has surfaced. Double Jeopardy is a procedural defense that protects a person from being tried again for the same crime. Double Jeopardy is the oldest legal concept of western civilizations. Double jeopardy is the prosecution of a person for an offense for which he or she has already been prosecuted. The double jeopardy clause, which is in the Fifth Amendment of the United States Constitution, was designed to protect an individual from being subject to trials and possible convictions more than once for an alleged offense. The idea was not to give the State too much over the individual, this way no individual will be subject to embarrassment, expense, and ordeal against being tried for an alleged offense more than once. It also reduces the possibility of someone innocent being found guilty. The double jeopardy...
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...are now discernible. A few of the more obvious changes include: 1. a restructuring of the juvenile justice system due to increasing violent juvenile crime and youth gang warfare; 2. the increased bankruptcy of a “war against drugs” whose promises seem increasingly hollow; 3. a growing recognition of America’s international role as both victim and purveyor of worldwide criminal activity; and 4. The rapid emergence of cyber-crimes, which both employ high technology in the commission and target the fruits of such technology. Drugs and Crime The relationship between drugs and crime rests on the concept of drug abuse. Drug abuse is illicit drug use that results in physiological, social, psychological or legal problems for the user. A drug is any chemical substance defined by social convention as bioactive or psychoactive. A psychoactive substance is a chemical substance that affects cognition, feeling, or awareness. Most drug users are recreational drug users, using drugs relatively infrequently and primarily with friends and in social contexts that define drug use as pleasurable. Most addicts begin as recreational users. Drug crimes fall into two categories: 1. the use, possession, distribution and sale of illegal drugs and the offenses committed either under the influence of drugs or surrounding the growing, making or importation of the drugs; and 2. Of crimes such as money laundering, bribery of officials, burglary or robbery to obtain money for drugs,...
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...prosecuted in criminal court. In today’s society, criminal behavior and criminal trials are highly publicized in the media and commonly the storyline in hit television shows and movies. As a result, people may consider themselves well-informed on the different types of crimes. However, the law can be quite complicated. There are many different types of crimes but, generally, crimes can be divided into four major categories,personal crimes, property crimes, inchoate crimes, and Statutory Crimes: * Personal Crimes – “Offenses against the Person”: These are crimes that result in physical or mental harm to another person. Personal crimes include: * Assault * Battery * False Imprisonment * Kidnapping * Homicide – crimes such as first and second degree, murder, and involuntary manslaughter, and vehicular homicide * Rape, statutory rape, sexual assault and other offenses of a sexual nature * Property Crimes – “Offenses against Property”: These are crimes that do not necessarily involve harm to another person. Instead, they involve an interference with another person’s right to use or enjoy their property. Property crimes include: * Larceny (theft)...
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...20th Century 1. Lynching 2. Ku Klux Klan 3. Rodney King and the Los Angeles Riots 4. Matthew Shepard B. 21st Century 1. Post 9/11 2. Jena Six VI. Cause and Effect Analysis…………………………………………… ....Page 24 A. Causes 1. Prejudice a. Stereotypes b. Scapegoats c. Presence of Hate in American Culture d. Need for Status and Power 2. Reasons for Crime a. Sending a Message b. Thrill Seeking c. Defensive B. Effects 1. Psychological Trauma 2. Undo Social Progress 3. Community Unrest 4. Threat of Retaliation VII. Descriptive Analysis……………………………………………….........Page 30 A. Description of Victims 1. Bias against a Particular Race 2. Bias against a Particular Religion 3. Bias against a Particular Sexual Orientation 4. Bias against a Particular Ethnicity/National Origin 5. Bias against a Disability B. Description of Offenses and Offenders This must be your new section? VIII. Comparative Analysis…………………………………………………. Page 36 A. United States Justice Department Definition of Hate Crime B. International Justice Systems Definition of Hate Crime IX. Expectations for the Future……………………………………………. .Page 38 X. Recommendations of Social Policy……………………………………. Page 38 XI. Summary and Conclusion…………………………………………… Page 403 Appendix H1: HIC Protocol Form………………………… Page 42 Appendix H2: HIC Informed Consent Form…………….........Page 45 Appendix S: Survey…………………………………………Page 47 XII....
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...name, address, and photograph. These registries main purpose is to prevent future sex crimes and to reduce recidivism. The purpose of the registry is good because the public has the right to know about sex offenders who live nearby them. However, the registry is not meeting its goals and may be encouraging recidivism. The sex offender registry should be changed to make it fair and effective. Sex offender registries are not effective because...
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...application, and if you are hired, or if you already work for the Company, may order additional background reports on you for employment purposes. The background check company, ADP Screening and Selection Services, will prepare the background report for the Company. ADP Screening and Selection Services is located at 301 Remington Street, Fort Collins, CO, 80524, and can be reached by phone at 800-367-5933 or at their Internet Web site address www.adpselect.com. The background report may contain information concerning your character, general reputation, personal characteristics, mode of living, and credit standing. The types of information that may be ordered include but are not limited to: Social Security number verification; criminal, public, educational and, as appropriate, driving records checks; verification of prior employment; reference, licensing and certification checks; credit reports; drug testing results; and, if applicable, worker’s compensation injuries. Workers’ compensation information will only be...
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...on September 13, 1994. It was one of the largest crime bills in U.S. history and aimed to address various issues related to crime and law enforcement. There are seven key provisions of the 1994 Crime Bill which include the federal assault weapons ban, community oriented policing services (Cops), Violent Offender Incarceration and Truth-in-Sentencing Incentive Grants, Death Penalty Provisions, Violence Against Women Act (VAWA), Youth Violence Prevention Program,...
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...Growing jail and prison populations further indicate that old tactics are not effective therefore new approaches must be conceived to correct the growing problem created by individuals that engage in criminal activity especially crimes involving offenses of a sexual nature. The sex offender registration and the laws, regulations, and restriction imposed by the registration may not stop a sex offender from re-offending but it provides knowledge to the public so that they may take necessary safeguards to ensure they are not victimized by that offender while the offender can be assured that their constitutional rights are not infringed upon. As Eleanor Roosevelt once stated, “It is better to light a candle than curse the darkness”. The sex offender registry will serve as a light to clearly illuminate the sexual predators within our communities without perpetuating the notion of a tyrannical government due to the abhorrent nature of the...
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...society are often seen as repulsive, violent individuals that deserve to be feared and punished to the fullest extent of the law. Their crimes are deemed the worst kind of violation of another human being. In fact, “the vehemence of the hatred for sex offenders is unmatched by attitudes to any other offenders” (Logan, 1999). Many state and federal laws have been passed in an effort to protect the public from these predatory sex offenders. The laws are aimed specifically at registering sex offenders, documenting sex crimes, and disseminating this information to the general public. The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act of 1994 requires that all states create registries for individuals convicted of sex crimes against children or any other sexually violent offense (Scholle, 2000). In 1996, President Bill Clinton signed Megan’s Law, which allows each state the discretion to establish criteria for registry disclosure, “but compels them to make private and personal information on registered sex offenders available to the public” (Klaas, 2008). Because many states depend on the federal government for funding of law enforcement programs, non-compliance with these requirements means a loss of federal dollars. In effect, the federal government has mandated that offender information be released, but the states must decide which offenders will have their information disclosed, how much information is gathered and how and to whom...
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