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Modification Of Judgment


Section 7. Modification of judgment

Upon motion of the accused, a judgment of conviction may be modified or set aside before it becomes final or before appeal is perfected.

NOTE: The prosecutor cannot ask for the modification of the judgment, because the rules are clear that modification is only upon motion of the accused.

FINALITY OF JUDGMENT
1. After the lapse of the period for perfecting an appeal; or
2. When the sentence has been partially or totally satisfied or served; or
3. When the accused has waived in writing his right to appeal; or
4. Accused has applied for probation.

NOTE: When the Death Penalty is imposed by the trial court, the SC automatically reviews the decision.

Modification of Civil Aspect of Case
   - The trial court may validly modify the civil aspect of its decision within 15 days from promulgation thereof even though an appeal from the judgment had already be perfected by the accused.

WHEN TRIAL COURT MAY LOSE JURISDICTION EVEN BEFORE LAPSE OF 15 DAYS
1. defendant voluntarily submits to the execution of the judgment
2. defendant perfects an appeal
3. defendant withdraws his appeal
4. accused expressly waives in writing his right to appeal
5. accused files for probation



Section 8. Entry of judgment

How Entry of Judgment is Made
   - The recording of the judgment or order in the book of entries of judgments shall constitute its entry. The record shall contain the dispositive portion or order and shall be signed by the clerk of court with a certificate that such judgment or order has become final and executory.

MITTIMUS
   - It is a process issued by the court after conviction to carry out the final judgment.



Section 9. Existing provisions governing suspension of sentence,  probation and parole not affected by this Rule

Exceptions For Suspension Of Sentence Of Youthful Offenders
1. offender has enjoyed previous suspension of sentence
2. offender is convicted of crime punishable by death or life imprisonment
3. offender is convicted by a military tribunal
4. offender is already of age at the time of sentencing even if he was a minor at the time of the commission of the crime

PROBATION
   - The period to file an application for probation is after the accused shall have been convicted by the trial court and within the period for perfecting an appeal.

Probation is a mere privilege and is revocable before final discharge of the probationer by the court.

The basis of the coverage of the Probation Law is gravity of the offense. Fixing the cut-off at a maximum term of 6 years imprisonment is based on the assumption that those sentenced to higher penalties pose too great a risk to society, not just because of their demonstrated capability for serious
wrongdoing but because of the gravity of serious consequences of the offense they might further commit.

OFFENDERS DISQUALIFIED FROM PROBATION
1. Those sentenced to serve a maximum term of imprisonment of more than 6 years
2. Those charged with subversion or any crime against national security or public order
3. Those previously convicted by final judgment of an offense punished by imprisonment not less than 1 month and 1 day and/or a fine not less than P200
4. Those who have been once on probation
5. Those who are already serving sentence at the time the Probation Law of 1976 became applicable

WHEN THE COURT SHOULD DENY PROBATION
1. Offender is in need of treatment that can be provided most effectively by his commitment to an institution
2. There is an undue risk that offender will commit another crime during the period of probation
3. When probation will depreciate the seriousness of the crime

     Sentence Imposed                   Period Of Probation
     1. Not more than 1 year             Not more than 2 years
     2. More than 1 year                   Not more than 6 years
     3. Fine only, but offender         At least equal to the
        serves subsidiary                      number of days of
        imprisonment                           subsidiary imprisonment
                                                         but not more than twice
                                                         such period





















Promulgation Of Judgment


Section 3. Judgment for two or more offenses

Prohibition on Duplicitous Information & Waiver
   - A complaint or information must charge only one offense. However,
     if the accused does not object to the duplicity before he enters
     his plea, he is deemed to have waived the defect. He may be found
     guilty for as many offenses as alleged in the complaint or
     information as may have been duly proved.

Maximum Sentence
   - In the service of sentence, the maximum duration of the sentence
     shall not be more than 3-fold the time of the most severe penalty
     imposed, and such maximum shall in no case exceed 40 years.



Section 4. Judgment in case of variance between allegation and proof

GENERAL RULE:
   - The accused may only be convicted of a crime that is both
     charged and proved.

     EXCEPTION: If there is variance between the crime charged and
     the crime proved the accused shall be convicted of the offense
     proved which is included in the offense charged or of the offense
     charged which is included in the offense proved.

     In other words, if there is variance, the accused can only be
     convicted of the lesser offense which is included in the graver
     offense.



Section 5. When an offense includes or is included in another

Inclusion of Offenses
   - An offense charged necessarily includes the offense proved when
     some of the essential elements or ingredients of the former
     constitute the latter.

     An offense charged is necessarily included in the offense proved,
     when the essential ingredients of the former constitute or form
     part of those constituting the latter.



Section 6. Promulgation of judgment

PROMULGATION OF JUDGMENT IN CRIMINAL CASES
   - It is the reading of the judgment or sentence in the presence of
     the accused and the judge of the court who rendered it.

Rules on Promulgation of Judgment
   - Judgment must be rendered and promulgated during the incumbency
     of the judge who signed it.

The judgment must be read in its entirety for double jeopardy to attach.

The presence of counsel during promulgation is not necessary.

Generally, the accused must be present during promulgation of judgment.
(but see the following exceptions to this general rule)

INSTANCES OF PROMULGATION IN ABSENCIA
1. Judgment is for a light offense, in which case judgment may be
   promulgated in he presence of counsel for the accused or a
   representative.
2. Accused fails to attend the promulgation despite due notice or if
   he jumped bail or escaped form prison. Notice must be given to
   the bondsmen, warden, accused’s bailor and counsel.

How Promulgation In Absencia is Conducted
   - Promulgation shall be made by recording the judgment in the
     criminal docket and serving the accused a copy thereof at his last
     known address or through his counsel.

     If judgment is one of conviction and the accused is absent without
     justifiable cause, the court shall order his arrest and he shall
     lose the remedies available in the Rules against the judgment.

     However, the accused may surrender and file a motion for leave of
     court to avail of these remedies within 15 days from promulgation
     of judgment. If such motion is granted, he may avail of these
     remedies within 15 days from notice of such order granting the
     motion.



















Judgment Definition And Form


Section 1. Judgment; definition and form

JUDGMENT
   - It is an adjudication by the court that the accused is guilty or
     not guilty of the offense charged and the imposition of the proper
     penalty and civil liability, if any. It is a judicial act which
     settles the issues, fixes the rights and liabilities of the
     parties, and determines the proceeding, and is regarded as the
     sentence of the law pronounced by the court on the action or
     question before it.

REQUISITES OF A JUDGMENT:
1. Written in official language
2. Personally and directly prepared by the judge
3. Signed by him
4. Contains clearly and distinctly a statement of the facts and the
   law upon which it is based.

A verbal order does not meet the requisites. As such, it can be
rescinded without prejudicing the rights of the accused. It has no
legal force and effect.

If judgment is not put in writing, the proper remedy would be to file
a petition for mandamus to compel the judge to put in writing the
decision of the court.

Article VIII, Section 14, par. 1 of the Constitution requires that
the decisions of the court shall contain the facts and the law on
which they are based. The rationale is that the losing party is
entitled to know why he lost, so he may appeal to a higher court.

The judge who penned the decision need not be the one who heard the
case. The judge can rely on the transcript of stenographic notes
taken during the trial.



Section 2. Contents of judgment

CONTENTS OF A JUDGMENT OF CONVICTION:
1. The legal qualifications of the offense constituted by the acts
   committed by the accused and the aggravating and mitigating
   circumstances which attended its commission.
2. Participation of the accused either as principal, accomplice
   or accessory
3. Penalty imposed on the accused
4. Civil liability or damages, if any, unless a separate civil action
   has been reserved or waived.

Alternative Penalties
   - A judge cannot impose alternative penalties (reclusion perpetua or
     P10,000 fine) because this would allow the accused to choose which
     penalty to serve, giving the accused discretion properly belonging
     to the court.

CONTENTS OF A JUDGMENT OF ACQUITTAL:
1. Whether the evidence absolutely failed to prove the guilt of the
   accused or merely failed to prove it beyond reasonable doubt
2. If the act or omission from which civil liability may arise did
   not exist

Barbers vs Laguio, Jr., 351 SCRA 606 (2001)
   - It is well settled that acquittal, in a criminal case is
     immediately final and executory upon its promulgation, and that
     accordingly, the State may not seek its review without placing
     the accused in double jeopardy.

Effect of Acquittal on Civil Liability
   - Acquittal of an accused based on reasonable ground does not bar
     the offended party from filing a separate civil action based on
     a quasi-delict. In fact, the court may hold an accused civilly
     liable even when it acquits him.











Demurrer to Evidence

Demurrer to evidence (Rule 119, Sec. 23)

Section 23. Demurrer to evidence. — After the prosecution rests its case, the court may dismiss the action on the ground of insufficiency of evidence (1) on its own initiative after giving the prosecution the opportunity to be heard or (2) upon demurrer to evidence filed by the accused with or without leave of court.

If the court denies the demurrer to evidence filed with leave of court, the accused may adduce evidence in his defense. When the demurrer to evidence is filed without leave of court, the accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution. (15a)

The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a non-extendible period of five (5) days after the prosecution rests its case. The prosecution may oppose the motion within a non-extendible period of five (5) days from its receipt.

If leave of court is granted, the accused shall file the demurrer to evidence within a non-extendible period of ten (10) days from notice. The prosecution may oppose the demurrer to evidence within a similar period from its receipt.

The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal or by certiorari before judgment. (n)


DEMURRER TO EVIDENCE
- It is an objection by one of the parties in an action, to the effect that the evidence which his adversary produced is insufficient in point of law, whether true or not, to make out a case or sustain the issue.

After The Prosecution Shall Have Rested Its Case, The Case May Be Dismissed In Any Of The Following Manner:
a. Court on its own initiative can dismiss the case after giving prosecution opportunity to be heard
b. Accused files demurrer with or without leave of court
c. If the demurrer is denied:
- With leave of court, accused can present his evidence
- Without leave of court, accused waives right to present evidence

With or Without Leave of Court
a) With leave
- if the motion is denied, he can still present evidence.
- The motion must be filed within a non-extendible period of 5 days after the prosecution rests its case.
- If leave is granted, the accused shall file the demurrer to evidence within a non-extendible period of 10 days from notice of the grant of leave of court.
- The prosecution may oppose the demurrer to evidence within a non-extendible period of 10 days from receipt of the demurrer.

b) Without leave
- if the motion is denied, he loses the right to present evidence and the case will be deemed submitted for decision

If there are two or more accused and only one of them presents a demurrer to evidence, without leave of court, the trial court may defer resolution thereof until the decision is rendered on the other
accused.

An order denying the motion for leave of court to file a demurer shall NOT be reviewable by appeal or by certiorari before judgment. This is because demurrer is merely interlocutory. However, if there
was grave abuse of discretion, then certiorari may apply.

If the court denies the demurrer to evidence without leave of court, the accused is deemed to have waived his right to present evidence and submits the case for judgment on the basis of the evidence of the prosecution.

Bar Exam Question (2003)

Actions; BP22; Demurrer to Evidence (2003)

In an action for violation of Batas Pambansa Big. 22, the court granted the accused’s demurrer to evidence which he filed without leave of court. Although he was acquitted of the crime charged, he, however, was required by the court to pay the private complainant the face value of the check. The accused filed a Motion of Reconsideration regarding the order to pay the face value of the check on the following grounds: 
a) the demurrer to evidence applied only to the criminal aspect of the case; and b) at the very least, he was entitled to adduce controverting evidence on the civil liability. Resolve the Motion for Reconsideration. 

Suggested Answer;

(a) The Motion for Reconsideration should be denied. The ground that the demurrer to evidence applied only to the criminal aspect of the case was not correct because the criminal action for violation of Batas Pambansa Blg. 22 included the corresponding civil action. (Sec. 1(b) of Rule 111).
(b) The accused was not entitled to adduce controverting evidence on the civil liability, because he filed his demurrer to evidence without leave of court. (Sec. 23 of Rule 119).

Bar Exam Question (2004)

Demurrer to Evidence; Contract of Carriage (2004)

AX, a Makati-bound paying passenger of PBU, a public utility bus, died instantly on board the bus on account of the fatal head wounds he sustained as a result of the strong impact of the collision between the bus and a dump truck that happened while the bus was still traveling on EDSA towards Makati. The foregoing facts, among others, were duly established on evidence-in-chief by the plaintiff TY, sole heir of AX, in TY’s action against the subject common carrier for breach of contract of carriage. After TY had rested his case, the common carrier filed a demurrer to evidence, contending that plaintiff’s evidence is insufficient because it did not show 
(1) that defendant was negligent and 
(2) that such negligence was the proximate cause of the collision. 

Should the court grant or deny defendant's demurrer to evidence? Reason briefly. 

Suggested Answer:

No. The court should not grant defendant's demurrer to evidence because the case is for breach of contract of carriage. Proof that the defendant was negligent and that such negligence was the proximate cause of the collision is not required. (Articles 1170 and 2201, Civil Code; (Mendoza v. Phil. Airlines, Inc., 90 Phil. 836 [1952]; Batangas Transportation Co. v. Caguimbal, 22 SCRA171 U 968]; Abeto v. PAL, 115 SCRA 489 [1982]; Aboitiz v. Court of Appeals, 129 SCRA 95 [1984]).


Bar Exam Question (1998)

Demurrer to Evidence; w/o Leave of Court (1998)

Facing a charge of Murder, X filed a petition for bail. The petition was opposed by the prosecution but after hearing the court granted bail to X. On the first scheduled hearing on the merits, the prosecution manifested that it was not adducing additional evidence and that it was resting its case. X filed a demurrer to evidence without leave of court but it was denied by the court.

1. Did the court have the discretion to deny the demurrer to evidence under the circumstances mentioned above? 
2. If the answer to the preceding question is in the affirmative, can X adduce evidence in his defense after the denial of his demurrer to evidence? 
3. Without further proceeding and on the sole basis of the evidence of the prosecution, can the court legally convict X for Murder? 

Suggested Answer:

1. Yes. The Court had the discretion to deny the demurrer to the evidence because although the evidence presented by the prosecution at the hearing for bail was not strong, without any evidence for the defense, it could be sufficient for conviction.
2. No. Because he filed the demurrer to the evidence without leave. However, the trial court should inquire as to why the accused filed the demurrer without leave and whether his lawyer knew that the effect of filing it without leave is to waive the presentation of the evidence for the accused. (People vs. Fores, 62.) 269 SCRA
3. Yes. Without any evidence from the accused, the prima facie evidence of the prosecution has been converted to proof beyond reasonable doubt.

Alternative Answer:

If the evidence of guilt is not strong and beyond reasonable doubt then the court cannot legally convict X for murder.

Demurrer to Evidence; w/o Leave of Court (2001)

Carlos, the accused in a theft case, filed a demurrer to evidence without leave of court. The court denied the demurrer to evidence and Carlos moved to present his evidence. The court denied Carlos’ motion to present evidence and instead judgment on the basis of the evidence for the prosecution. Was the court correct in preventing Carlos from presenting his evidence and rendering judgment on the basis of the evidence for the prosecution? Why? (5%)

Suggested Answer:

Yes, because the demurrer to the evidence was filed without leave of court. The Rules provide that when the demurrer to evidence is filed without leave of court, the accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution. (Sec. 23 of Rule 119, Revised Rules of Criminal Procedure)


Bar Exam Question (2004)

Demurrer to Evidence; w/o Leave of Court (2004)

The information for illegal possession of firearm filed against the accused specifically alleged that he had no license or permit to possess the caliber .45 pistol mentioned therein. In its evidence-in-chief, the prosecution established the fact that the subject firearm was lawfully seized by the police from the possession of the accused, that is, while the pistol was tucked at his waist in plain view, without the accused being able to present any license or permit to possess the firearm. The prosecution on such evidence rested its case and within a period of five days therefrom, the accused filed a demurrer to evidence, in sum contending that the prosecution evidence has not established the guilt of the accused beyond reasonable doubt and so prayed that he be acquitted of the offense charged. The trial court denied the demurrer to evidence and deemed the accused as having waived his right to present evidence and submitted the case for judgment on the basis of the prosecution evidence. In due time, the court rendered judgment finding the accused guilty of the offense charged beyond reasonable doubt and accordingly imposing on him the penalty prescribed therefor. Is the judgment of the trial court valid and proper? Reason.

Suggested Answer: 

Yes. The judgment of the trial court is valid. The accused did not ask for leave to file the demurrer to evidence. He is deemed to have waived his right to present evidence. (Sec. 23 of Rule 119; People v. Flores, 269 SCRA 62 [1997]; Bernardo v. Court of Appeals, 278 SCRA 782 [1997]. However, the judgment is not proper or is erroneous because there was no showing from the proper office like the Firearms Explosive Unit of the Philippine National Police that the accused has a permit to own or possess the firearm, which is fatal to the conviction of the accused. (Mallari v. Court of Appeals &People,265 SCRA 456[1996]).


Section 24. Reopening


Section 24. Reopening. — At any time before finality of the judgment of conviction, the judge may, motu proprio or upon motion, with hearing in either case, reopen the proceedings to avoid a miscarriage of justice. The proceedings shall be terminated within thirty (30) days from the order grating it. (n)

At any time before finality of judgment of conviction, judge may, motu proprio or upon motion, with hearing in either case reopen to avoid miscarriage of justice.




When Mistake Has Been Made In Charging The Proper Offense


Section 19. When mistake has been made in charging the proper offense

When, at any time before judgment, it becomes manifest that a mistake
has been made in charging the proper offense and the accused cannot
be convicted of the offense charged or any other offense necessarily
included therein, the said accused shall not be discharged if there
appears to be good cause to detain him.

If there appears to be good cause to detain the accused, the court
shall commit the accused and dismiss the original case upon the
filing of the proper information.

When the offense proved is neither included in, nor does it include,
the offense charged and is different therefrom, the court should
dismiss the action and order the filing of a new information charging
the proper offense.

US v. Campo, 23 Phil. 369 (1912)
   - This rule is predicated on the fact that an accused person has
     the right to be informed of the nature and cause of the accusation
     against him, and to convict him of an offense different from that
     charged in the complaint or information would be an unauthorized
     denial of that right.



Section 20. Appointment of acting prosecutor

When a prosecutor, his assistant or deputy is disqualified to act,
the judge or the prosecutor shall communicate with the Secretary of
Justice in order that the latter may appoint an acting prosecutor.



Section 21. Exclusion of the public

GENERAL RULE:
   - The accused has the right to public trial and under ordinary
     circumstances, the court may not close the door of the courtroom
     to the general public.

     EXCEPTION: The public may be excluded from the courtroom when
     evidence to be produced is offensive to decency or public morals.

     The court may also, on motion of the accused, exclude the public
     from the trial except court personnel and the counsel of the parties.



Section 22. Consolidation of trials of related offenses

This Contemplates A Situation Where Separate Motions Are Filed:
1. for offenses founded on the same facts;
2. for offenses which form part of a series of offenses of similar
   character.

The purpose of consolidation is to avoid multiplicity of suits, guard
against oppression or abuse, prevent delay, clear congested dockets,
simplify the work of the trial court, and save unnecessary cost or
expense; in short, the attainment of justice with the least expense
and vexation to the party litigants.

While consolidation of cases and joint trial of related offenses and
the rendition of a consolidated decision are allowed, the court cannot
convict an accused of a complex crime constitutive of the various
crimes alleged in the consolidated cases.











Discharge Of Accused Operates As Acquittal


Section 18. Discharge of accused operates as acquittal

REQUISITES TO BE A STATE WITNESS:
1. Two or more persons are jointly charged with the commission of an
   offense
2. The application for discharge is filed by the prosecution before
   it rests its case
3. Absolute necessity for the testimony of the accused

          “Absolute necessity” means that he alone has knowledge of
          the crime, and not when his testimony would simply
          corroborate or otherwise strengthen the evidence in the
          hands of the prosecutor.

4. There is no other direct evidence available for the proper
   prosecution of the offense.
5. Testimony of the accused can be substantially corroborated in its
   material points.
6. Accused does not appear to be the most guilty

          Means that he does not appear to have the highest degree of
          culpability in terms of participation in the commission of
          the offense and not necessarily in the severity of the penalty
          imposed.

          The fact that there was conspiracy does not preclude one from
          being discharged as a state witness. What the court takes into
          account is the gravity or nature of acts committed by the
          accused to be discharged compared to those of his co-accused,
          and not merely the fact that in law the same or equal penalty
          is imposable on all of them.

7. Accused has not been convicted of any offense involving moral turpitude.

TWO TYPES OF IMMUNITY:
a. TRANSACTIONAL IMMUNITY – witness can no longer be prosecuted for
   any offense whatsoever arising out of the act or transaction.

b. USE-AND-DERIVATIVE-USE-IMMUNITY – witness is only assured that
   his or her particular testimony and evidence derived from it will
   not be used against him or her in a subsequent prosecution.

The application for discharge of the state witness must be made upon
motion of the prosecution BEFORE resting its case.

The defense should be afforded opportunity to oppose the motion to
discharge an accused to be a state witness.

Any question against the order of the court to discharge an accused
to be used as state witness must be raised in the trial court; it
cannot be considered on appeal. Where there is, however, a showing of
grave abuse of discretion, the order of the trial court may be
challenged in a petition for certiorari and prohibition.

A discharge under the original information is just as binding upon
the subsequent amended information, since the amended information is
just a continuation of the original.

The subsequent amendment of the information does not affect the
discharge of an accused as a state witness because the amended
information is not anew information but is a continuation of the
original proceeding.

GENERAL RULE:
   - A co-conspirator may testify against the other co-conspirator
     even if not done clandestinely PROVIDED it must be received by
     court with caution and must be substantially corroborated in
     its material points.

     The EXCEPTION to this rule is even if uncorroborated but the
     testimony was given in a straightforward manner and it contains
     details which could not have been the result of deliberate
     afterthought.

It is not necessary that there be a hearing of the motion to
discharge as long as the court is able to receive evidence for and
against the discharge of an accused to become a witness. (People v Sunga)

GENERAL RULE:
   - The discharge of an accused to be a state witness amounts to
     an acquittal and is a bar to future prosecution for the same
     offense.

     Where an accused has been discharged to be utilized as state
     witness and he thus testified, the fact that the discharge was
     erroneous as the conditions for discharge were not complied with
     did not thereby nullify his being precluded from re-inclusion
     in the information or from being charged anew for the same
     offense or for an attempt or frustration thereof, or for crimes
     necessarily included in or necessarily including those offense.

     EXCEPTIONS:
     a. If accused fails or refuses to testify against the co-accused;
     b. If he was granted immunity and fails to keep his part of the
        agreement, his confession of his participation in the
        commission of the offense is admissible in evidence against him.


















Trial Of Several Accused


Section 16. Trial of several accused

When two or more defendants are jointly charged with any offense, they
shall be tried jointly, unless the court, in its discretion upon motion
of the prosecution or any of the defendants, orders a separate trial.

The motion for separate trial must be filed BEFORE the commencement
of the trial and cannot be raised for the first time on appeal.

If a separate trial is granted, the testimony of one accused imputing
the crime to his co-accused is not admissible against the latter.
It would be admissible if the latter had the opportunity for
cross-examination.

Where the conditions are fulfilled, joint trial is automatic, without
need for the trial court to issue an order to that effect.

The grant of separate trial rests in the sound discretion of the court
and is not a matter of right to the accused, especially where it is
sought after the presentation of the evidence of the prosecution. In
such separate trial, only the accused presenting evidence has to be
present. And the evidence to be adduced by each accused should not be
considered as evidence against the other accused.

When a separate trial is demanded and granted, it is the duty of the
prosecution to repeat and produce all its evidence at each and every
trial, unless it has been agreed by the parties that the evidence for
the prosecution would not have to be repeated at the second trial and
all the accused had been present during the presentation of the
evidence of the prosecution and their lawyer had the opportunity to
cross-examine the witnesses for the prosecution.

People v. Ellasos and Obillo, G.R. No. 139323 (2001)
   - The trial judge gravely erred in rendering a judgment of
     conviction against both accused. Since the trial of B did not
     take place, the trial court should have rendered a decision only
     against A.



Section 17. Discharge of accused to be state witness

STATE WITNESS
   - One of two or more persons jointly charged with the commission of
     a crime but who is discharged with his consent as such accused so
     that he may be a witness for the state.









Examination Of Defense Witness How Made


Section 13. Examination of defense witness; how made

DEPOSITION
- It is the testimony of a witness taken upon oral questions or written interrogatories, in open court, but in pursuance of a commission to take testimony issued by a court, or under a general law or court rule on the subject, and reduced to writing and duly authenticated, and intended to be used in preparation and upon the trial of a civil or criminal prosecution.

PURPOSE OF TAKING DEPOSITIONS:
1. Greater assistance to the parties in ascertaining the truth and checking and preventing perjury
2. Provide an effective means of detecting and exposing false, fraudulent claims and defenses
3. Make available in a simple, convenient and inexpensive way, facts which otherwise could not be proved except with greater difficulty
4. Educate the parties in advance of trial as to the real value of their claims and defenses thereby encouraging settlements
5. Expedite litigation
6. Prevent delay
7. Simplify and narrow the issues
8. Expedite and facilitate both preparation and trial

WHO SHOULD MAKE THE EXAMINATION?
1. judge;
2. a member of the Bar in good standing so designated by the judge;
3. before an inferior court designated in the order of a superior court



Section 14. Bail to secure appearance of material witness

People v Montejo, 21 SCRA 722 (1967)
- Even if the witness has been cited to appear before a court sitting outside of the province in which he resides and the distance is more than 50km (now 100km) from his place of residence by the usual
course of travel, he is still bound by the subpoena. Rule 23 applies only in civil cases.

If the court is satisfied upon proof or oath that a material witness will not testify when required, it may order the witness to post bail in such sum as may be deemed proper. If the witness refuses to post bail, the court shall imprison him until he complies or is legally discharged after his testimony has been taken.



Section 15. Examination of witness for the prosecution

EXAMINATION OF WITNESS FOR THE PROSECUTION:
1. The witness for the prosecution may be conditionally examined by the court where the case is pending if said witness is:
a. Too sick to appear at the trial; or
b. Has to leave the Philippines with no definite date of return.
2. Such examination should be in the presence of the accused or in his absence after reasonable notice to attend the examination has been served on him.
3. Examination of child witnesses is tackled under the Rule on
   Examination of a Child Witness which took effect on December
   15, 2000.

Examination of Defense Witness vs. Examination of Prosecution Witness

Examination of Defense Witness - Conducted before any judge, member of the bar in good standing, or before any inferior court. No right to cross-examine. Maybe made if the witness resides more than 100 km. from the place of trial.

Examination of Prosecution Witness - Conducted ONLY before the judge or the court where the case is pending. Right to cross-examine. Can not be made even if the witness resides more than 100 km.
from the place of trial.













Order Of Trial

Sec.  11.  Order of trial.  –  The  trial  shall  proceed  in  the  following order:
 
(a) The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.
 
(b)  The accused may present evidence to prove his defense and damages, if any, arising, from the issuance of a provisional remedy in the case.
 
(c)  The  prosecution  and  the  defense  may,  in  that  order,  present rebuttal and sur-rebuttal evidence unless the court, in furtherance of  justice,  permits  them  to  present  additional  evidence  bearing
upon the main issue.

(d)  Upon admission of evidence of the parties,  the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda.
 
(e)  When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified. 


Order Of Trial:
1. Prosecution presents evidence to prove the charge and, in the proper case, the civil liability.
2. The accused presents evidence to prove his defense and damages, if any.
3. The prosecution, then the defense, may present rebuttal and sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence.
4. Upon admission of the evidence by the parties, the case is deemed submitted for decision.

GENERAL RULE:
   - The order in the presentation of evidence must be followed. The accused may not be required to present his evidence first before the prosecution adduces its own proof.

EXCEPTION:
        - Where a reverse procedure was adopted without the objection of the defendant and such procedure did not prejudice his substantial rights, the defect is not a reversible error.

REVERSE TRIAL
   - When the accused admits the act or omission charged in the complaint/information but interposes a lawful defense, the trial court may allow the accused to present his defense first and thereafter give the prosecution the opportunity to present his rebuttal evidence.

A departure from the order of the trial is NOT reversible error as where it was agreed upon or not seasonably objected to, but not where the change in the order of the trial was timely objected by the defense.

Where the order of the trial set forth under this section was not followed by the court to the extent of denying the prosecution an opportunity to present its evidence, the judgment is a NULLITY.

Prosecution begins because it has the burden of proving the guilt of the accused, relying on the strength of its own evidence and NOT on the weakness of the defense.

If there is not enough evidence to prove the accused’s guilt beyond reasonable doubt, then the defense should file Demurrer to Evidence.

People v. Gutierrez, 302 SCRA 643 (1999)
   - Refusal of the trial court to reverse the order of trial upon demand of the accused who pleads self-defense as a defense is not a reversible error.

Negative Defense vs. Affirmative Defense

Negative defense - Requires the prosecution to prove the guilt of the accused beyond reasonable doubt.
Accused claims that one of the elements of the offense charged is not present. It is incumbent upon the prosecution to prove the existence of this element.

Affirmative defense - the accused admits the act or omission charged but interposes a defense which if proven would exculpate him.



Section 12. Application for Examination of Witness for Accused Before Trial

Accused may have his witness examined conditionally in his behalf BEFORE trial upon motion with notice to all other parties:

SUCH MOTION MUST STATE:
1. Name and residence of the witness;
2. Substance of testimony;
3. Witness is so sick to afford reasonable ground to believe that he will not be able to attend the trial OR resides more than 100km and has no means to attend the same or other similar circumstances.












Sanctions


Section 8. Sanctions

Acts Which Evoke The Sanction:
1. Knowingly allowing the case to be set on trial without disclosing
   that a necessary witness would be unavailable;
2. Files a motion solely for delay, knowing it to be frivolous and
   without merit;
3. Knowingly makes a false statement in order to obtain continuance;
4. Willfully fails to proceed to trial without justification.

The Sanctions:
a) Private Defense Counsel – fine not exceeding P20, 000 + criminal
   sanctions, if any.
b) Counsel de officio, Public Attorney or Prosecutor – fine not
   exceeding P5, 000 + criminal sanctions, if any.
c) Defense Counsel or Prosecutor – denial of the right to practice
   before the court trying the case for a period not exceeding 30 days +
   criminal sanctions if any.

Kinds Of Sanctions Under This Section:
1. Criminal;
2. Administrative;
3. Contempt of court.



Section 9. Remedy where accused is not brought to trial within 
the time limit

Arraignment must be set within 30 days from the date the court
acquires jurisdiction over the person of the accused, and within the
same period, the court must set the case for pre-trial, and within
30 days from the receipt of the pre-trial order, the trial must be
commenced.

The remedy of the accused is to file a motion to dismiss the information
on the ground of denial of his right to speedy trial. Failure of the
accused to move for dismissal prior to trial shall constitute a waiver
of his right to dismiss under this section.

The dismissal shall be subject to the rules on double jeopardy. So if
the dismissal is with prejudice, the case cannot be revived anymore.
But if the dismissal is without prejudice, the revival of the case
is proper.



Section 10. Law on speedy trial not a bar to provision on speedy 
trial in the Constitution

The accused should be brought to trial within 30 days from the date
the court acquires jurisdiction over the person of the accused
(Rule 116, Section 1g). If he is not brought to trial within the period
specified, he may quash the information on the ground of denial of his
right to speedy trial. Failure to move for dismissal prior to trial
shall constitute a waiver of the right to dismiss under Section 9,
Rule 120.

Arraignment must be set within 30 days from the date the court acquires
jurisdiction over the person of the accused, and within the same period,
the court must set the case for pre-trial, and within 30 days from the
receipt of the pre-trial order, the trial must be commenced.








Introduction To Criminology Reviewer

introduction to criminology
Introduction To Criminology

CRIMINOLOGY

- according to Edwin H. Sutherland, “Criminology is the entire body of knowledge regarding crime as a  social phenomenon. It includes within its scope the process of making of laws, of breaking oflaws, and the society’s reaction    towards the breaking of laws.”

- Criminology is a body of knowledge regarding crimes, criminals and the efforts of society to preventand repress them.

- the scientific study of the causes of crime in relation to man and society who set and define rulesand regulations for himself and others to govern.

Origin of the word “Criminology”

Etymologically, the term criminology came from the Latin word “crimen” meaning crime and Greek word “Logos” which means “to study”. In 1885, Rafael Garofalo, an Italian Law Professor coined the term criminologia.In 1889, Paul Topinard, French Anthropologist, used the term criminology in French criminologie for the first time.

Principal Divisions of Criminology
1. Etiology of Crimes – the scientific analysis of the causes of crimes and the criminal behavior.
2. Sociology of Law – refers to the investigation of the nature of criminal law and its administration
3. Penology – the study of the control of crimes and the rehabilitation of offender.

Is criminology a science?

According to George Wilker, criminology cannot become a science because it has not yet acquireduniversal validity. Edwin H. Sutherland, the Dean of Modern Criminology,  hoped that it will become a sciencein the future  since  the  causes of crimes are  almost the same which   may  be biological, environmental  orcombination of the two.

Nature of Criminology
1. It is applied science because criminology as a body of knowledge has already established universally accepted principles and concepts and these are used by other field of study. (INSTRUMENTATION)
2. It is a social science because it studies crime as a social phenomenon. Crime is a social problem whichhas a great impact to society.
3. It is dynamic because the concepts of criminology and their applications adapt to the changing time.
4. It is nationalistic because the study of criminology takes into consideration the history, the culture andthe social norms and the laws of the country. Each country has its own set of laws and crimes aredefined by the laws of the country.

Scope in the Study of Criminology
1. Study of the origin and development of criminal law
2. Study of the causes of crimes and development of criminals
3. Study of the other sciences that examine criminal behavior using scientific methods such as: 

criminal demography – the study of the relationship between criminality and population. 
criminal epidiomology – the study of the relationship between environment and criminality.
criminal ecology – the study of criminality in relation to the spatial distribution in a community. 
criminal physical anthropology – the study of criminality in relation to physical constitution of men.
criminal psychology – the study of human behavior in relation to criminality.
criminal psychiatry – the study of human mind in relation to criminality.
victimology – the study of the role of the victim in the commission of a crime.

CRIMES AND CRIMINALS

CRIME
- refers to an act committed or omitted in violation of public law (Phil. Law Dictionary).
- It also refers to an act committed or  omitted  in violation of a public law forbidding or commanding it.

CLASSIFICATION OF CRIMES 

LEGAL CLASSIFICATIONS:

1. According to law violated
a. Felony – an act or omission punishable by law which is committed by means of dolo (deceit) or culpa (fault)and punishable under the Revised Penal Code
b. Offense – an act or omission in violation of a special law
c. Infraction – an act or omission in violation of a city or municipal ordinance

2. According to the manner of committing crime:
a. By means of dolo or deceit – if the crime is committed with deliberate intent. Thus, it is calledintentional felonies.
- freedom or voluntariness
- intelligence
- intent
b. By means of culpa or fault
- felonies committed by means of culpa (fault)
- the act  or  omission  of the offender  is not malicious and the injury caused by the offender is unintentional, it being the simply the incident of another act performed without malice
* lack of foresight
* lack of skill
* negligence 
* imprudence

3. According to the stages in the commission:
a. Attempted – the crime is attempted when the offender commences the commission of a felony directly by over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance.
b. 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.
c. Consummated  - when all the elements necessary for its accomplishment and execution are present.

4. According to plurality:
a. Simple Crime – is a single act constituting only one offense.
b. Complex  Crime  –  single  act  constituting  two  or  more  grave  felonies  or  an  is  a  necessarymeans for committing the other.

Two (2) Kinds of Complex Crime:
1. compound crime (delito compuesto)
2. complex crime proper (delito complejo)

5. According to gravity:
a. Grave felonies - are those to which the law attaches the capital punishment or penalties which inany of their period are afflictive.
b. Less grave felonies - are those which the law punishes with penalties which in their maximum period are correctional.
c. Light felonies - are infraction of laws for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both is provided.

6. According to the nature of the act:
a. Crimes mala in se – are acts that are inherently evil. 
Examples are murder, robbery, etc.
b. Crimes  mala  prohibita  –  are acts which are prohibited only because there are laws forbidding such acts. Examples are Illegal Possession of firearms, Traffic Violations, etc.

CRIMINOLOGICAL CLASSIFICATIONS OF CRIME

1. According to the result of the crime:
a. Acquisitive crime – if the offender acquired or gained something by committing the crime. Examples are robbery, estafa, bribery, etc.
b. Destructive  crime  –  if  the  crime  resulted  in  destruction,  damage  or  even  death.  Examples  arearson, murder and homicide, damage to property, etc.

2. According to the time or period of commission:
a. Seasonal crimes – are crimes that happen only during a particular season or period of the year. Examples are violation of election law, tax law violations, etc.
b. Situational crimes – are crimes committed when the situation is conducive to the commission ofthe crime and there is an opportunity to commit it. Examples are pickpocketing, theft, etc.

3. According to the length of time of the commission:a. Instant crimes – are those crimes that can be committed in a very short time. Example: theftb. Episoidal crimes –  are crimes committed through series of acts or episodes and in much longertime. Example: serious illegal detention

4. According to place or location:
a. Static crimes – are committed only in one place. examples are theft and robbery
b. Continuing crimes – are crimes that take place in more than one place or several places. examples: abduction, kidnapping, etc.

5. According to the use of mental faculties:
a. Rational crimes – when the offender is capable of knowing what he is doing and understanding the consequences of his actions.
b. Irrational  Crimes – when the offender suffers from any form of mental disorders, insanity or abnormality. Thus, the offender doesn’t know what he is doing.

6. According to the type of offender:
a. White Collar Crimes – crimes committed by those persons belonging to the upper socio-economic status or in the course of his occupational activities.
b. Blue Collar Crimes – are those crimes committed by ordinary criminals as a means of livelihood.

CRIMINAL
-in the legal sense, a criminal is any person who has been found to have committed a wrongful act in the course of the standard judicial process; there must be a final verdict of his guilt
-in the criminological sense, a person is already considered a criminal the moment he committed a crime.

CLASSIFICATIONS OF CRIMINALS

1. According to etiology
a. Acute criminal – is a person who committed crime as a result of reacting to a situation or during amoment of anger or burst of feeling.
b. Chronic criminal – is one who committed a crime with intent or deliberated thinking.
1. Neurotic criminal – is one who has mental disorder.2. Normal criminal – a person who commits crimes because he looks up to, idolizes peoplewho are criminals.

2. According to the type of offender:
a. Ordinary criminal – a criminal who engages in crimes which do not require specialized or technical skill.
b. Organized criminal – one who possesses some skills and know-how which enable him to commit crimes and evade detection.
c. Professional criminal – highly skilled criminals who are engaged in large-scale criminal activities and usually operate in groups.

3. According to criminal activities:
a. Professional criminal – a criminal who earns his living through criminal activities.
b. Situational criminal – a person who got involved in a criminal act because the situation presented itself.
c. Habitual criminal – one who repeatedly commits criminal acts for different reasons.
d. Accidental criminal – a person who accidentally violated the law due to some circumstances.

CRIMINAL LAW
– is that branch of public law that defines crimes, treats of their nature, and provides for their punishment.

Revised Penal Code or Act No. 3815
– book that contains the Philippine Criminal Law and different special laws and decrees that are penal in nature. It is called as RPC because the old penal code which took effect in the country on July 14,1887 and was in force until Dec. 31, 1931, was revised by the Committee created by Administrative Order No.94 of the Department of Justice, dated Oct. 18, 1927, composed of Anacleto Diaz as Chairman, Alex Reyes and Mariano de Joya as members. The RPC was approved on Dec. 8, 1930, and took effect on January 1,1932.

Principal Parts of the RPC
It is composed of two books; Book One which is composed of  Articles  1-113  and Book Two covering Articles 114-367.
a. Articles 1-20 – principles affecting criminal liability
b. Articles 21-113 – penalties including criminal and civil liability
c. Articles 114-367 – felonies

Characteristics of the RPC

1. Generality –  the law is applicable to all persons within the territory irrespective of sex, race, nationality, or civil status except:
a. Head of state
b. Foreign diplomats, ambassadors, who are duly accredited to our country
c. Foreign troops permitted to march within the territory

2. Territoriality  -  the  RPC is applicable to felonies committed within the Philippine territorial jurisdiction.
a. Philippine archipelago – all the islands that comprise the Philippines
b. Atmosphere water – all bodies of water that connect all the islands such as bays, rivers, and streams
c. Maritime zone – the twelve (12) Nautical Mile limit beyond our shore measured at low tide.

EXCEPTIONS TO THE TERRITORIAL CHARACTER OF THE REVISED PENAL CODE:
The  Revised  Penal  Code  shall  be  applicable to  all  cases  committed  outside  the Philippine  territorial jurisdiction under the following circumstances:
a) should commit an offense while on Philippine ship or airship;
b) should forge or counterfeit any coin or currency note of the Philippine Island or obligations and securities issued by the government of the Philippines;
c) while being a public officer or employee, should commit an offense in the exercise of their functions
d) should commit any of the crimes against national security and the law of nation.

3. Prospectivity - the provisions of the RPC cannot be applied if the act is not yet punishable at the time the felony was committed. However, it may have a retroactive effect if it is favorable to the accused who is not a habitual delinquent.

4. It is specific and definite. Criminal law must give a strict definition of a specific act that constitutes an offense.  Where there is doubt as to whether a definition embodied in the Revised Penal Code applies to the accused or not, the judge is obligated to decide the case in favor of the accused. Criminal law must be construed liberally in favor of the accused and strictly against the state.

5. It is uniform in application. An act described as a crime is a crime no matter who committed it, wherever committed in the Philippines, and whenever committed.  No exceptions must be made as to the criminal liability.  The definition of crimes together with the corresponding punishment must be uniformly construed, although there may be a difference in the enforcement of a given specific provision of the penal law.

6. There must be a penal sanction or punishment. Penal sanction is the most essential part of the definition of the crime. If there is no penalty for a prohibited act, its enforcement will almost be impossible. The penalty acts as a deterrence and as a measure of self-defense of the state to protect society from the threat and wrong inflicted by the criminal.


SCHOOLS OF THOUGHT IN CRIMINOLOGY

School of Thought – refers to a group of beliefs or ideas that support a specific theory.

Theory – a set of statements devised to explain behavior, events, or phenomenon, especially one that has been repeatedly tested and widely accepted.

1. DEMONOLOGICAL  THEORY  - asserts that a  person commits wrongful acts due to the fact that he was possessed by demons.

2. CLASSICAL SCHOOL OF CRIMINOLOGY
The classical school of criminology grew out of a reaction against the barbaric system of law, punishment, and justice that existed. There was no real system of criminal justice in Europe at that time.   Some crimes were specified, some were not. Judges had discretionary power to convict a person for an act not even legally defined as criminal.

This school of thought is based on the assumption that individuals choose to commit crimes after weighing the consequences of their actions.  According to classical criminologists, individuals have free will. They can choose legal or illegal means to get what they want, fear of punishment can deter them from committing crime and society can control behavior by making the pain of punishment greater than the pleasure of the criminal gains.

This theory, however, does not give any distinction between an adult and a minor or a mentally handicapped in as far as free will is concerned. The founders of the classical school of criminology are Cesare Beccaria and Jeremy Bentham.

Cesare Beccaria (Cesare Bonesana Marchese di Beccaria) (1738-1794)
-best known for his essay, “On Crimes and Punishment” which presented key ideas on the abolition of torture as a legitimate means of extracting confession.
-His book contains almost all modern penal reforms but its greatest contribution was the foundation it laid for subsequent changes in criminal legislation
- his book was influential in the reforms of the penal code in France, Russia, and Prussia and it influenced the first ten amendments to the US Constitution

Beccaria believed that:
a. people want to achieve pleasure and avoid pain.
b. Crime provides some pleasure to the criminal.
c. To deter crime, he believed that one must administer pain in an appropriate amount to counterbalance the pleasure obtained from crime.
d. Famous for saying “ Let the punishment fit the crime"


Jeremy Bentham (1748-1832)
- his contribution to the classical school of criminology is the concept of utilitarianism and the felicific
calculus.
- proposed  “Utilitarian Hedonism”  which explains that a person always acts in such a way to seek pleasure and avoid pain.
- founded the concept of UTILITARIANISM – assumes that all our actions are calculated in accordance with their likelihood of bringing pleasure and pain.
- devised the pseudo-mathematical formula called “felicific calculus” which states that individuals are human calculators who put all the factors into an equation in order to decide whether a particular crime is worth committing or not
- he reasoned that in order to deter individuals from committing crimes, the punishment, or pain, must be greater than the satisfaction, or pleasure, he would gain from committing the crime.

Utilitarianism – is a philosophy that argues that what is right is the one that would cause the greatest good for the greatest number of people.
- others refer to it as the greatest happiness principle or the principle of utility.
- from this principle, Bentham formulated the “felicific calculus”. 

Felicific Calculus or the pleasure-and-pain principle – is a theory that proposes that individuals calculate the consequences of their actions by weighing the pleasure (gain) and the pain (suffering) they would derive from doing the action.

3. NEOCLASSICAL CRIMINOLOGY
This theory modified the doctrine of free will by stating that the free will of men may be affected by other factors and crime is committed due to some compelling reasons that prevail. These causes are pathology, incompetence, insanity, or any condition that will make it impossible for the individual to exercise free will entirely. In the study of legal provisions, this is termed as either mitigating or exempting circumstances.

4. POSITIVIST SCHOOL OF CRIMINOLOGY
- The term “positivism”, refers to a method of analysis based on the collection of observable scientific facts.
- Positivists believe that causes of behavior can be measured and observed.
- It demands facts and scientific proof, thus, changing the study of crimes and criminals into a scientific approach.
- Positive theorists were the first to claim the importance of looking at individual differences among criminals. These theorists who concentrated on the individual structures of a person, stated that people are passive and controlled, whose behaviors are imposed upon them by biological and environmental factors.


August Comte
- was a French philosopher and sociologist and is believed to be the one who reinvented the French term sociologie.
- he was recognized as the “Father of Sociology and Positivism”.

THE (UN) HOLY THREE (3) OF CRIMINOLOGY
1. Cesare Lombroso
2. Enricco Ferri
3. Raffaelle Garofalo

Cesare Lombroso
- recognized as the “Father of Modern and Empirical Criminology” due to his application of modern scientific methods to trace criminal behavior, however, most of his ideas are now discredited
- known for the concept of atavistic stigmata (the physical features of creatures at an earlier stage of development).
- he claimed that criminals are distinguishable from non-criminals due to the presence of atavistic stigmata and crimes committed by those who are born with certain recognizable heredity traits.
- according to his theory, criminals are usually in possession of huge jaws and strong canine teeth, the arm span of criminals is often greater than their height, just like that of apes who use their forearms to push themselves along the ground.
-other physical stigmata include deviation in head size and shape, asymmetry of the face, excessive dimensions of the jaw   and cheekbones,  eye  defects and peculiarities, ears of unusual size, nose twisted, upturned or flattened in thieves, or aquiline or beaklike in murderers, fleshy lips, swollen and protruding, and pouches in the cheek like those of animal’s toes

- Lombroso’s work supported the idea that the criminal was a biologically and physically inferior person

- according to him, there are three (3) classes of criminals:
a. born criminals – individuals with at least five (5) atavistic stigmata   
b. insane criminals – those who became criminals because of some brain defect that affected their ability to understand and differentiate what is right from what is wrong.
c. criminaloids - those with the makeup of an ambiguous group that includes habitual criminals, criminals by passion, and other diverse types.

Enricco Ferri
- he focused his study on the influences of psychological factors and sociological factors such as economics, on crimes.
- He believed that criminals could not be held morally responsible because they did not choose to commit crimes, but rather were driven to commit crimes by conditions in their lives.

Raffaelle Garofallo
- He treated the roots of the criminals’ behavior not to physical features but to their psychological equivalent, which he referred to as moral anomalies.
- He rejected the doctrine of free will.
- Classified criminals as Murderers, Violent Criminals, Deficient Criminals, and Lascivious Criminal.


Introduction To Criminology Reviewer (Definition of Terms and Terminologies)


Abrahamsen - In his Crime and Human Mind, 1945, explained the causes of crime by his formula "Criminal Behavior equals criminalistic tendencies plus crime inducing situation divided by the persons
mental or emotional resistance to temptation.

Adolphe Quetelet (1796–1874) - was a Belgian mathematician, astronomer, and statistician, he helped to establish the cartographic school and positivist schools of criminology which made extensive use of statistical techniques. Through statistical analysis, Quetelet gained insight into the relationships between crime and other social factors. Among his findings were strong relationships between age and crime, as well as gender and crime.

Alienist - a doctor specializing in the treatment of mental illness. An expert witness in a sanity trial.

Amnesia - a partial or total loss of memory. Origin late 18th century: from Greek amnÄ“sia ‘forgetfulness.’

Andrew Von Hirsch -  developed the notion of a just desert.

Just Desert - has five guidelines; 
1. Treat legal punishment as a desert; 
2. avoid doing harm; 
3. sentence delinquency, not the delinquent; 
4. interfere parsimoniously;
5. restrain efforts to prevent crime; modern-day utilitarianism.

Anger - is an emotion characterized by antagonism toward someone or something you feel has deliberately done you wrong.

Anomie - Breakdown of social order as a result of the loss of order in a society.

Anthropology - is the study of humans, past and present.

Atavism - The return of a trait or recurrence of previous behavior after a period of absence.

Atavistic Anomaly - Physical characteristics that distinguish born criminals from the general population and are throwbacks to animals or primitive people.

Attention Deficit Hyperactivity Disorder - Psychological disorder which a child shows developmentally inappropriate impulsivity, hyperactivity, and lack of attention.

August Aichhorn - is considered to be one of the founders of psychoanalytic education. He is remembered for his work with juvenile delinquents and disadvantaged youth. He believed that imposed discipline and suppression which were practiced in traditional reformatories yielded few
positive results.

Autophobia - is the specific phobia of isolation; a morbid fear of being egotistical, or a dread of being alone or isolated.

Monophobia - is an acute fear of being alone and having to cope without a specific person, or perhaps any person, in close proximity.

Biometrics - is a technique for the identification of people that uses body characteristics or behavioral traits and is increasingly being used instead of or in conjunction with other forms of identification based on something you have (e.g. ID card) or something you know (e.g. password or PIN).

Born criminal - is a term which is according to Lombroso, a person born with features resembling an earlier, more primitive form of human life, destined to become a criminal. Born criminals are described as individuals who are born with a genetic predilection toward criminality.

Bromberg - (Crime and Mind 1948) criminality is the result of emotional immaturity. A person is emotionally mature when he has learned to control his emotion effectively and live at peace
with himself and in harmony with the standard of conduct which are acceptable to society. An emotionally immature person rebels against rules and regulations tends to engage in unusual activities, and experiences a feeling of guilt due to an inferiority complex.

Brotherhood - an association, society, or community of people linked by a common interest, religion, or trade.

Cesare Beccaria - founders of the classical school of thought within criminology.

Cesare Lombroso - an Italian criminologist, and founder of the Italian school of criminology, formulated the theory of anthropological criminology, which essentially states that criminality was inherited and that someone "born criminal" could be identified by physical defects, which confirmed a criminal as savage, or atavistic.

Charles Darwin - wrote Origin of Species in 1859, kicked off the scientific revolution, father of evolution.

Charles Goring - author of the influential work The English Convict: A Statistical Study.

The English Convict: A Statistical Study - It was first published in 1913 and set out to establish whether there were any significant physical or mental abnormalities among the criminal classes that set them apart from ordinary men, as suggested by Cesare Lombroso. He ultimately concluded that "the physical and mental constitution of both criminal and law-abiding persons, of the same age, stature, class, and intelligence, are identical. There is no such thing as
 an anthropological criminal type."

Chicago School - Group of urban sociologists who studied the relationship between environmental conditions and crime.

Classical School - based on free will; able to make decisions in a logical way; assumes people are hedonistic.

Conflict Of Culture Theory - by Thorstein Sellin. It was emphasized in this theory that the multiplicity of conflicting cultures is the principal source of social disorganization. The high crime and
delinquency rates of certain ethnic or racial groups is explained by their exposure to diverse and incongruent standards and codes of a larger society.

Containment Theory - Criminality is brought about by the inability of the group to contain the behavior of its members and effective containment of the individual into the value system and structure of society will minimize crime. This theory was developed by Walter Reckless.

Copycat Crime - A copycat crime is a criminal act that is modeled or inspired by a previous crime that has been reported in the media or described in fiction.

Craniology - the scientific study of the shape and size of the skulls of different human races. Another term for Phrenology.

Criminaloid - (from the word "criminal" and suffix -oid, meaning criminal-like) is a person who projects a respectable, upright facade, in an attempt to conceal a criminal personality. This type, first
defined by Cesare Lombroso in the later editions of his 1876 work "The Criminal Man".

Criminal Personality
1. The roots of criminality lie in the way in which people think and make decisions; 
2. Criminals think and act differently from others, even at a very young age; 
3. Criminals are
irresponsible, 
4. Deterministic explanations of crime result from
believing the criminal who is seeking sympathy.

Anti-social personality - characterized by patterns of irresponsible and antisocial behavior, as well as
 aggressive tendencies.

Cultural deviance theory - seeks to explain criminal activity by focusing on the community in which crime occurs rather than the individual lawbreaker.

Cultural Transmission - by Thorsten Sellin, refers to the handing down of delinquent behaviors as socially learned and transferred from one generation to the next, taking place mostly among depressed and disorganized urban areas.

Cyril Burt - gave the theory of general emotionality. An excess of the submissive instinct accounts for the tendency of many criminals to be weak-willed or easily led. Fear and absconding may be due to the
impulse of fear.

Delusion - a belief that is not true: a false idea. : a false idea or belief that is caused by mental illness.

Dementia praecox (a "premature dementia" or "precocious madness") refers to a chronic, deteriorating psychotic disorder characterized by rapid cognitive disintegration, usually beginning in the late teens or early adulthood. It is a term first used in 1891 in this Latin form by Arnold Pick (1851–1924), a professor of psychiatry at the German branch of Charles University in Prague.

Determinism - the belief that individual behavior is beyond the control of the individual; opposite of free will.

Differential Association Theory - Criminal behavior is learnable and learned in interaction with other deviant persons. Through this association, they learn not only techniques of certain crimes, but
also specific rationale, motives, and so on.

Edwin Sutherland - Differential association theory was Sutherland's major sociological contribution to criminology; similar in importance to strain theory and social control theory. These theories all explain deviance in terms of the individual's social relationships.

Imitation-Suggestion Theory -  by Gabriel Tarde, Delinquency and crime patterns are learned and adopted. The learning process either be conscious type copying or unconscious copying of confronting pattern of behavior.

Differential-Social Disorganization Theory - This is sometimes called Social Disorganization. There is social disorganization when there is breakdown, changes, and conflict of values between the new and the old when there is reduced influence of the social institution over behavior, and when there is declining influence of the solid moral and ethical front.

This theory focuses on the development of high-crime areas associated with the disintegration of conventional values caused by rapid industrialization, increased immigration, and urbanization.
       
Electroencephalogram - recording of electrical activity of the brain; measures it.

Emile Durkheim - father of sociology. He is a Frenchman, Chief among his claims is that society is a sui generis reality, or a reality unique to itself and irreducible to its composing parts. It is created when individual consciences interact and fuse together to create a synthetic reality that is completely new and greater than the sum of its parts.

E. O. Wilson - put forth a theory that differed from earlier theories, and believed that biological factors affect the perception and learning of social behaviors.

Etiology of Crime - causes of crime.

Eugenics - the science of improving a human population by controlled breeding to increase the occurrence of desirable heritable characteristics. Developed largely by Francis Galton as a method of improving the human race.

Free Will - the idea that human beings are free to choose one behavior or action over another.

Frustration - the feeling of being upset or annoyed, especially because of the inability to change or achieve something.

Gabriel Tarde - He introduced the Theory of imitation where he explained that this theory governs the process by which people become criminals.

Giambattista Della Porta - He founded the school of human physiognomy which is the study of facial features and their relation to human behavior.

General Deterrence - involves the effects of legal punishment on those persons who have not suffered.

Specific Deterrence -  involves the effects of legal punishment on those who have suffered it.

Genetics - the branch of biology that deals with heredity.

Gianelt Index of Criminality - This crimino-synthesis explains the reason why a person may commit a crime or inhibit himself from doing so.

Healy - (individual delinquency) crime is the expression of the mental content of the individual. The frustration of the individual causes emotional discomfort, personality demands the removal of pain, and the pain is eliminated by substitute behavior, which is the start of the crime delinquency of an individual.

Hedonism - pleasure or the absence of pain is the soul good in life.

Henry Maudsley - mental illness and criminal behavior went hand in hand, crime prone traits were inherited.

Hypoglycemia -  condition which the glucose in the blood falls below levels necessary for normal and efficient brain functioning and is associated with criminal behavior.

Incapacitation - when they are locked up behind bars, they can't commit any more crimes.

Italian School Of Criminology - Founded at the end of the 19th century by Cesare Lombroso and 2 of his disciples, Enrico Ferri and Rafael Garofalo.

Enrico Ferri - an Italian criminologist, and student of Lombroso, His work served as the basis for Argentina’s penal code of 1921. His research led to him postulating theories calling for crime prevention methods to be the mainstay of law enforcement, as opposed to punishment of criminals after their crimes had taken place.

Raffaele Garofalo - often regarded as the father of Criminology. He is a student of Cesare Lombroso. An Italian law professor who coined the term Criminologia in 1885.

James Q. Wilson -  advocate for special deterrence; utilitarian.

Jeremy Bentham - founder of the classical school of thought within criminology. He is a lawyer. He devised "Felicific Calculus" which states that individuals are human calculators who put all the factors into an equation in order to decide whether a particular crime is worth committing or not.

Jukes Family -  family of criminals. Descendants are criminally minded and committed crimes.

Jonathan Edwards Family - the opposite of Jukes Family, descendants are good people and attained prominence in various fields.

Kallikak Family - A Study in the Heredity of Feeble-Mindedness was a 1912 book by the American psychologist and eugenicist Henry H. Goddard. The work was an extended case study of Goddard's for the inheritance of "feeble-mindedness," a general category referring to a variety of mental disabilities including mental retardation, learning disabilities, and mental illness. Goddard concluded that a variety of mental traits were hereditary and that society should limit reproduction by people possessing these traits.

Karyotype Studies - examination and comparison of chromosomes.

Kleptomania - a recurrent urge to steal, typically without regard for need or profit.

Lawrence Kohlberg - pathological jealousy, quick anger reactions, and the bearing of grudges.

Limbic System - a set of areas in the human brain that integrate a wide variety of messages from the senses and control goal-oriented responses to environmental and internal stimuli.

Megalomania - is a psychopathological condition characterized by delusional fantasies of power, relevance, omnipotence, and inflated self-esteem.

Mens Rea - The state of mind indicating culpability which is required by statute as an element of a crime.(Latin) guilty mind.

Miller Lower-Class Culture Conflict Theory - Citizens who obey the street rules of lower-class life find themselves in conflict with the dominant culture.

Moral/Intellectual Stages - deals with how adults morally represent a reason about the world that they live in.

Morphology - deals with the form and structure of an organism or any of its parts; measuring different parts of the human head; there is a meaningful relationship between certain types of physical features
and personality.

Neo-Classical Perspective - stressed that the legal system should focus exclusively on doing justice; and responding to the crime; the criminal made the rational decision.

Neurosis - a condition characterized by anxiety, impulses may break through and take control.

Paranoia - pathological jealousy, quick anger reactions, and the bearing of grudges.

Penal Couple - is defined as the relationship between perpetrator and victim of a crime. That is, both are involved in the event.

Penitentiary -  repent of wrongdoing and the will to atone for it.

Phobia - an extreme or irrational fear of or aversion to something.

Phrenology - study of the shape of the skull and bumps of facial features. The study of facial features.

Psychopathic Personality – This is the most important cause of criminality among youthful offenders and habitual criminals. It is characterized by an infantile level or rescind, lack of conscience, deficient feeling of affection for others, and aggression toward the environment and other people.

Physiognomy - to judge, interpret, or assess a person's character or personality from his or her outer appearance, especially the face. This study and science were used by Beccaria (1764) and Lavater (1175) to discover the character of a person.

Positivist School - based on determinism; human behavior is controlled by science.

Positivism - the belief that the classical school of thought is wrong in explaining what causes crime because they failed to explain adequately the why portion.

Cesare Lombroso - father of positivism; a medical doctor who wanted to see whether criminals were physically different, believed in atavistic anomaly.

Psychiatry - the study and treatment of mental illness, emotional disturbance, and abnormal behavior.

Psychoanalytic - the analysis of human behavior. First laid out by Sigmund Freud in the 19th century.

This theory blames delinquent behavior to a conscience that is either too overbearing that it arouses feelings of guilt or so weak that it cannot control the person's impulse and the need for immediate gratification.

Psychosis - a severe form of mental disturbance, behavior impairs or gets in the way of everyday focus, It takes control.

Recidivism - elapses into criminal behavior; where you return back into the criminal system.

Regression - a return to an earlier stage of life or a supposed previous life, especially through hypnosis or mental illness, or as a means of escaping present anxieties.

Samuel Yochelson - convinced that there is such thing as a criminal personality.

Schizophrenia - is often linked to criminal behavior, incoherent thought processes, thinking is scrambled and may have split personalities.

Schools of Thought - devices for organizing fundamentally differing views of human nature and relating them to issues surrounding crime and its control.

Sexual Deviation - a type of mental disorder characterized by a preference for or obsession with unusual sexual practices.

Exhibitionism - a mental condition characterized by the compulsion to display one's genitals in public.

Fetishism - is sexual attraction to objects, situations, or body parts not traditionally viewed as sexual.

Paraphilia - a condition characterized by abnormal sexual desires, typically involving extreme or dangerous activities.

Pedophilia - sexual feelings directed toward children.

Sadomasochism - is the giving or receiving of pleasure, sometimes sexual, from acts involving the infliction or reception of pain or humiliation.

Sadism - the tendency to derive pleasure, especially sexual gratification, from inflicting pain, suffering, or humiliation on others.

Transvestism (also called transvestitism) - is the practice of dressing and acting in a style or manner traditionally associated with another gender.

Masochism - the tendency to derive pleasure, especially sexual gratification, from one's own pain or humiliation.

Voyeurism - Watching others while naked or having sex, generally without their knowledge; also known as scopophilia or scoptophilia.

Zoophilia - is a paraphilia involving cross-species sexual activity between human and non-human animals or a fixation on such practice.

Shaw and McKay's Ecological Theory - Crime is a product of transitional neighborhoods that manifest social disorganization and value conflict.

Sigmund Freud - Austrian psychiatrist; his approach: crime is but one form of deviance.

ID - contains the inner world of the individual's inborn instincts and reflexes.

Ego - represents the real world of the individual's conscious reason and common sense.

Superego - the inner world of the individual's ideal expectations and conscience; the conceptions of what the individual considers to be morally good.

Social Bond Theory - relation between social factors and individual activities; individuals become free to commit crimes when their ties to society are broken.

Travis Hirschi's factors of attachment, commitment, involvement and belief which insulate a person from crime.

Spiritual School - based on determinism; human behavior is determined by God or demons or Satan.

Stanton Samenow -  convinced that there is such thing as a criminal personality.

Thomas Hobbes - he believed that man is egotistical and self-centered; if he thought he could get away with it, then he would commit the crime.

Type of Physique

Ectomorph - a person with a lean and delicate body build. Are tall and thin and less social and more intellectual.

Mesomorph
- a person with a compact and muscular body build. Have well-developed muscles and an athletic appearance. They are active, aggressive, sometimes violent, and more likely to become criminals.

Endomorph - a person with a soft round body build and a high proportion of fat tissue. Have heavy builds and are slow-moving. They are known for lethargic behavior rendering them unlikely to commit violent crimes and more willing to engage in less strenuous criminal activities such as fencing stolen property.


Typology of Crime - involves classifying offenses or offenders according to some criteria of relatedness or similarity.

Utilitarianism - the belief that legal punishments serve two vital functions: 
1. deterring persons from committing the crimes and
2. protecting society from those whole acts that threaten the social order; the greatest good for the greatest number.

White-Collar Crime - These are offenses committed by highly respected people belonging to the upper socio-economic life and result in the commission of the crime in line with their given profession.

William Sheldon - an American psychologist who created the field of somatotype and constitutional psychology that tried to correlate body types with behavior, intelligence, and social hierarchy through his Ivy League nude posture photos.

                               Temperament

Viscerotonic - Coined by WH Sheldon, from viscera + -o- + tonic. Designating a personality type characterized as sociable, easy-going, and comfort-seeking.

Somatonic - active, dynamic; walks, talks, gestures assertively and behaves aggressively.

Cerebrotonic - Introvert and full of functional complaints to allergies, skin troubles, chronic fatigue, insomnia, insensitive skin, and to noise, shrinks from crowds.

XYY Syndrome - These people are very tall and disproportionate; and more inclined to commit crimes.