PhilCrim - Criminology
PhilCrim - Philippine Criminology
BLEC 2022 is coming, Future Licensed Criminologist heads up!
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John Augustus
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Within 60 days
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Four Times
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Less Grave Offense
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Amnesty
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Victimless Crimes
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Municipal jail
Good luck CLE 2022 JUNE takers
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Bakit kailangan mong kumuha ng June 2022 CLE?
Kung graduate ka nang 2021 o pababa, kailangan mo nang kumuha ng June 2022 Criminologists Licensure Examination (CLE) dahil ito na ang last board exam sa ilalim ng old Criminology curriculum.
Ayon sa Professional Regulatory Board for Criminology (PRB-Crim) Resolution No. 1, series of 2021, sa second licensure exam ng 2022 (December 2022 CLE) ay ipatutupad na ang pagbabago sa subjects at weights sa board exam. (See photo 2 below or you can access the resolution through this link: https://www.prc.gov.ph/.../2021-01%20published%20%281%29.pdf)
Ang pagbabagong ito ay dahil din sa CMO No.5, Series of 2018 or the “Policies, Standards and Guidelines for the Bachelor of Science in Criminology (BS Criminology) Program” (See photos 3 and 4 or you can access the CMO through this link: https://ched.gov.ph/.../CMO-No.-05-s.-2018-PSG-for-BS...)
Ipatutupad din sa December 2022 CLE ang bagong rating sa licensure examination alinsunod sa Section 17 ng RA 11131 (The Philippine Criminology Profession Act of 2018). (See photo 5 below or you can access the full text of the law through this link: https://www.prc.gov.ph/.../Criminology%20RA%2011131.pdf)
Pero kung hindi ka makakukuha ng June 2022 CLE dahil mahirap ang sitwasyon mo ngayon, pwede ka pa rin namang kumuha ng mga susunod na Crim board exam, yun nga lang, may mga bagong subjects kang aaralin. Pero wala namang imposible sa taong nagsisikap at nangangarap.
CTTO: Ortea Criminology Review
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50% of police activity are police patrol now known as a backbone of police organization
Credits: Criminology Nation
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Criminology nation
LAWS
RA 10883-Anti-Carnapping Law
RA 10909-Establishment to have Ready Change for Customers
RA 10911-Anti-Age Discrimination in the Workplace
RA 10913-Law for Distracted Drivers
RA 10916-Installation of Speed Limiters on PUVs
RA 11032-Ease of Doing Business and Efficient Govt Service Delivery Act of 2018
RA 11166-HIV and AIDS Mgt Act
RA 11232-Revised Corporation Code
RA 11346-Increasing Excise Tax on To***co Products
RA 11350-National Commission of Senior Citizens
Vetoed Bills: Senate Bill 1826 / House Bill 6908-Workers Right to Security of Tenure / Anti-ENDO
R.A. 11261 - First time job seekers Assistance Act
R.A 11313- Bawal Bastos Law
RA 6713 Ethical Standards for Public Officials and Workers
RA 9184 Procurement Act
RA 4200 Anti Wiretapping Act
RA 7160 Local Government Code
RA 9003 Ecological Solid Waste Management
RA 9275 Clean Water Act
RA 8353 Anti R**e Law
RA 10931 Universal Access to Quality Tertiary Education Act of 2017
RA 10963 Tax Reform for Acceleration and Inclusion (TRAIN) Law
RA 11054 Bangsamoro Organic Law
RA 11055 Philippine ID System Act
RA 11106 Filipino Sign Language Act of 2018
RA 11201 Dept of Human Settlements and Urban Development Act of 2019
RA 10354 Responsible Parenthood and RH Act if 2012
RA 10533 Enhanced Basic Education Act of 2013
RA 10844 Dept of ICT Act of 2015
RA 9729 Climate Change Act of 2009
RA 10121 Phil DRRM Act1. Proclamation No. 124 – January as “National Bible Month”
Executive Order No. 25-renamed Benham Rise to Philippine Rise.
Executive Order No. 26- ordered a nationwide smoking BAN. Implemented in July 23
Republic Act No. 10913 - Anti-Distracted Driving Act
Republic Act No. 10666, or the "Children on Motorcycle Safety Act of 2015",
Republic Act No. 10931 Free tuition in state universities
R.A. 10932 No Enhanced Anti-Hospital Deposit Law RA10928 Extending Passport Validity to 10 years
RA929 Establishing FREE INTERNET ACCESS in public places RA10930 Extending Driver’s License Validity for Five Years
Ra 8049 Anti Hazing Law
Republic Act No. 10969 or the Free Irrigation Service Act
RA 10742- SK REFORM
R P.D. 1414 - created the law on indigenous person,or the katutubo
P.D. 1619 - solvent and volatile
P.D. 968 - PROBATION LAW
P.D. 603 - THE CHILD AND YOUTH WELFARE ACT CODE..EFFECTIVE JUNE 8 1975
P.D. 1069 - PHIL EXTERNAL/EXTRADITION LAW
P.D. 532 - ANTI PIRACY AND ANTI HIGHWAY LAW OF 1974
P.D. 533 - ANTI-CATTLE RUSTLING LAW OF 1974
P.D. 1602 - ILLEGAL GAMBLING
P.D. 1866 - AS AMENDED BY R.A. 8294,ILLEGAL POSSESSION OF FIREARM AND EXPLOSIVES
P.D. 1612 -ANTI FENCING LAW
P.D. 684 - CREATED SK
P.D. 1184 - CREATED THE PPSC
P.D.229 -DECLARING BGY CHAIRMAN AS PERSON IN AUTHORITY
P.D. 557 - DECLARING ALL BARRIOS AS BARANGAY
P.D. 1508 - CREATION OF BARANGAY COURT
P.D.1829 - PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDER
P.D. 46 - ACT PUNISHING THE RECEIVING AND GIVING OF GIFTS OF PUBLIC OFFICIAL AND EMPLOYEES
P.D 1689 - INCREASED THE PENALTY FOR CERTAIN FORMS OF ESTAFA
P.D.2018 - MAKES THE ILLEGAL RECRUITMENT A CRIME OF ECONOMIC SABOTAGE PUNISHABLE BY LIFE IMPRISONMENT
P.D 133 - PRESCRIBED HEAVY PENALTY FOR EMPLOYEES THEFT AND LABORERS
P.D.1185 - FIRE CODE OF THE PHILS
P.D.1731 - PROVIDES FOR REWARDS AND INCENTIVES TO GOVT WITNESS AND INFORMANTS
P.D 1732 - PROVIDES IMMUNITY FOR GOVT WITNESSES
P.D., 1869 - PROHIBITION OF GOVT OFFICIALS TO ENTER IN GAMBLING HOUSE AND CASINOS
R.A 7160 - LOCAL GOVT CODE OF 1991
R.A. 4103 - INDETERMINATE SENTENCE LAW
R.A. 4200 - ANTI-WIRE TAPPING LAW
R.A. 1524 - PROVIDES FOR THE ENFORCEMENT OF THE CONDITIONS FOR PARDON
R.A. 7610 - SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSED EXPLOITATION AND DISCRIMINATION ACT AS AMENDED
R.A. 9344 - JUVENILE JUSTICE AND WELFARE SYSTEM MY 4 2006
R.A. 9231 - CHILD LABORING ACT
R.A. 6809 - LOWERING THE AGE OF MINORITY FROM 21 TO 18 YEARS OF AGE,TOTALLY EMANCIPATED
R.A 7659 - DEATH PENALTY
R.A. 8177 - ACT DESIGNATING DEATH BY LETHAL INJECTION LAW
R.A. 3019 - AS AMENDED BY ANTI-GRAFT AND CORRUPTION PRACTICES
R.A. 6713 - CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIAL AND EMPLOYEES
R.A. 7080 - ANTI-PLUNDER ACT
R.A. 7877 - ANTI-SEXUAL HARASSMENT ACT OF 1995
R.A. 8049 - ANTI-HAZING LAW RA 109 P.D. 1414 - created the law on indigenous person,or the katutubo
P.D. 1619 - solvent and volatile
P.D. 968 - PROBATION LAW
P.D. 603 - THE CHILD AND YOUTH WELFARE ACT CODE..EFFECTIVE JUNE 8 1975
P.D. 1069 - PHIL EXTERNAL/EXTRADITION LAW
P.D. 532 - ANTI PIRACY AND ANTI HIGHWAY LAW OF 1974
P.D. 533 - ANTI-CATTLE RUSTLING LAW OF 1974
P.D. 1602 - ILLEGAL GAMBLING
P.D. 1866 - AS AMENDED BY R.A. 8294,ILLEGAL POSSESSION OF FIREARM AND EXPLOSIVES
P.D. 1612 -ANTI FENCING LAW
P.D. 684 - CREATED SK
P.D. 1184 - CREATED THE PPSC
P.D.229 -DECLARING BGY CHAIRMAN AS PERSON IN AUTHORITY
P.D. 557 - DECLARING ALL BARRIOS AS BARANGAY
P.D. 1508 - CREATION OF BARANGAY COURT
P.D.1829 - PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDER
P.D. 46 - ACT PUNISHING THE RECEIVING AND GIVING OF GIFTS OF PUBLIC OFFICIAL AND EMPLOYEES
P.D 1689 - INCREASED THE PENALTY FOR CERTAIN FORMS OF ESTAFA
P.D.2018 - MAKES THE ILLEGAL RECRUITMENT A CRIME OF ECONOMIC SABOTAGE PUNISHABLE BY LIFE IMPRISONMENT
P.D 133 - PRESCRIBED HEAVY PENALTY FOR EMPLOYEES THEFT AND LABORERS
P.D.1185 - FIRE CODE OF THE PHILS
P.D.1731 - PROVIDES FOR REWARDS AND INCENTIVES TO GOVT WITNESS AND INFORMANTS
P.D 1732 - PROVIDES IMMUNITY FOR GOVT WITNESSES
P.D., 1869 - PROHIBITION OF GOVT OFFICIALS TO ENTER IN GAMBLING HOUSE AND CASINOS
R.A 7160 - LOCAL GOVT CODE OF 1991
R.A. 4103 - INDETERMINATE SENTENCE LAW
R.A. 4200 - ANTI-WIRE TAPPING LAW
R.A. 1524 - PROVIDES FOR THE ENFORCEMENT OF THE CONDITIONS FOR PARDON
R.A. 7610 - SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSED EXPLOITATION AND DISCRIMINATION ACT AS AMENDED
R.A. 9344 - JUVENILE JUSTICE AND WELFARE SYSTEM MY 4 2006
R.A. 9231 - CHILD LABORING ACT
R.A. 6809 - LOWERING THE AGE OF MINORITY FROM 21 TO 18 YEARS OF AGE,TOTALLY EMANCIPATED
R.A 7659 - DEATH PENALTY
R.A. 8177 - ACT DESIGNATING DEATH BY LETHAL INJECTION LAW
R.A. 3019 - AS AMENDED BY ANTI-GRAFT AND CORRUPTION PRACTICES
R.A. 6713 - CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIAL AND EMPLOYEES
R.A. 7080 - ANTI-PLUNDER ACT
R.A. 7877 - ANTI-SEXUAL HARASSMENT ACT OF 1995
R.A. 8049 - ANTI-HAZING LAW
R.A. 6539 - ANTI-CARNTO ALL PNP APPLICANTS YOU MUST KNOW THIS.
FATHERS
Coined in the word "Criminology" - Rafaelle de Garofalo.
Father of Classical criminology- Cesare Beccaria.
Father of Criminaliastics- Hans Gross
Father of Behavioral genetics- Francis Galton.
Father of traditional/Old Criminology - Cesare Beccaria Father of Modern Criminology- Cesare Lombroso
Father of Questioned Doc. Examination- Albert Osborne
Father of Forensic/ ModernBallistics - Col. Calvin Henry Goddard
Father of Probation- John Augustus Father of Organized Military Espionage- Frederick the great. Mother of All Criminals- Ada juke/ Margaret.
First probation officer in the whole world- Edward Savage
Coined in the word "Photography" - William Herschel
Father of Police Professionalization- August Vollmer
Father of Police Organization- Henry Vayol.
Father of Utilitarianism- Jeremy Bentham
Father of Philippine Probation- Teodulo Natividad.
Father of English Probation- Matthew Daven Porthill.
Father of Parole/Modern Penology- Alexander Macanochie
First prison chaplain- Rev. Jarred Curtis
First Probation Officer- Edward Savage
Father of Modern Policing- Sir Robert Peel.
Father of traditional polygraphy- John A. larson.
Father of Modern Law Enforcement- August Vollmer.
Father of Psycho analysis- Sigmund freud
Father of forensic Investigation- Dr. Edmon Locard
Father of Podoscopy- Dr. Edmon Locard
Father of Personal Identi- Alphonse Bertillion
Father of fingerprint- Sir Richard Henry
Father of Criminalistics in Austria- Dr. Hans Gross
Father of Crims in America- Dr. Paul Kirk
Father of American Prison- Zebulon Reed Brockway.
Father of Victimology- Benjamin Mendelson Von Henteg
"Criminology" - Edwin Sutherland "Criminologie" -Italian word by Paul Topinard" "Criminologia"-Latin word by Rafaelle de Garofalo 33. Benjamin Robins - F of Modern Gannery/F. of Ballistics pendiulum
Father of eugenics- Galton First lethal injection- Leo echagaray./R**E
John Augustus-Father of Probation
Edward Savage-First Probation officer in the world
Teodulo C. Natividad-Father of Philippine Probation
Mathew Davenfort Hill-Father of English Probation
Zebulon R. Brockway-He was the first superintendent of Elmira Reformatory
Sir Evelyn Ruggles Brise-Director of English prisons who opened the Borstal institution
John Howard-known as the Father of Penitentiary
Sir Walter Crofton-He was the director of the irish prison
Alexander Macanochie-Father of modern Penology and Father of Parole
AUGUS Father of Biology : Aristotle
Father of Modern Biology: Linnaeus
Father of Antibiotics : Alexander Fleming
Father of Taxonomy : Carolus Linnaeus
Father of Immunology : Edward Jenner
Father of Microbiology : Anton van Leuwenhoek
Father of Modern Microbiology : Louis Pasteur
Father of Medical Microbiology : Robert Koch
Father of Pathology : Rudolph Virchow
Father of Bacteriology : Robert Koch
Father of Virology : W.M.Stanley
Father of Embryology : Aristotle
Father of Modern Embryology : Ernst Von Baer
Father of Physiology : Stephan Hales
Father of Modern experimental physiology : Calude Bernard
Father of Genetics : Rev. Gregor Mendel
Father of Modern Genetics : Bateson
Father of Human Genetics/ Biochemical genetics : Arachibald Garrod
Father of Experimental Genetics : T.H. Morgan
Father of Haploid Genetics / Neurospora Genetics : Dodge
Father of Ecology : Theophrastus
Father of Cloning : Ian Willmut
Father of Plant anatomy : Grew
Father of Histology (Microscopic anatomy) : Malpighi
Father of Cytology : Robert Hooke
Father of modern Cytology : Swanson
Father of Paleontology : Leonard da Vinci
Father of modern Paleontology : Cuvier
Father of Concept of Evolution: Empedocles
Father of Botany: Theophrastus
Father of Modern Botany : Bauhin
Father of Zoology : Aristotle
Father of Biochemistry : Liebig
Father of Epidemiology : John Snow
Father of Plant Pathology : de Bary
Father of Modern Pathology : Rudolf Virchow
Father of Genetic Engineering : Paul Berg
Father of Gene therapy : Anderson
Father of Ethology : Konard Lorentz
Father of Endocrinology : Thomas Addison
Father of Eugenics : Galton
Father of Gerantology : Korenchevsk
Father of Palynology : Erdtman
Father of Stress physiology : Hans Selye
Father of Electrocardiography : Einthoven
Father of DNA Fingerprinting : Alec Jeffreys
Father of Mycology : Micheli
Father of Bryology : Hedwig
Father of Phycology:Father of ATP cycle: Lipmann
Father of Chemotherapy :Father of Anatomy : Herophilus
Father of Modern Anatomy : Andreas Vesalius
Father of actinobiology / radiation biology : HJVS Muller
Father of Homeopathy : Hahnemann
Father of Ayurveda : Charka
Father of Surgery and Plastic Surgery : Susruta
Father of Blood circulation : William Harvey
Father of Medicine : Hippocrates
Father of Blood Group : Landsteiner
Father of Polio Vaccine : Jonas Salk
Father of Green Revolution: Norman Borlaug AUGUST COMTE- father of sociology.
The government has the Power to
Legislative- Gumagawa /enact laws.
Executive- Pinapatupad/enforce laws
Judiciary- Bigyang kahulugan at suriin/interpret law ATTEMPTED--Sinimulan mo Hindi mo natapos
FRUSTRATED--sinimulan mo natapos mo pero hindi mo nagustuhan ang kinahinatnan
CONSUMATED--Sinimulan mo Natapos mo At Nagustuhan mo ang kinahinatnan
CRIMINAL LAW--Batas para sa krimen Public Crime para sa lahat ng tao
Crime--An act or omission punishable by RPC
Committed by legally competent person
Threatened the welfare of the society
ARTICLES
J - JUSTIFYING my crimen subalit walang liability E - EXEMPTING my crimen walang liability subalit pero datapwat my civil liability M -MITIGATING baba degree From Reclusion perpetua to temporal
A -AGRAVATING taas degree from temporal to perpetua
15 A - ALTERNATING Absolutory Cause dahilan o nag udjok
16 WHO? Sino ang liable sa
17 PRINCIPAL- ikaw mismo gumawa
18 ACCOMPLICE- kamag anak
19 ACCESSORY - my alam ka sa crimen at nakinabang ka
CRIME AGAINST PERSON
Always look for VICTIM AND RELATIONSHIP of
ABORTION
-Expulsion of Fetus
2 type of Abortion
ther**eutic - physician or doctor, Without liability
Criminal
-intentional
Sadya
-unintentional
Di sadya
INFANTICIDE killing your own child
Less than 3 days /72 hours
Take note make it 71 Hours because of the word less than
PARRICIDE killing your own
Par1 father, mother /child - it's either legitimate or illegitimate
Par2 legal spouse
Par3 direct ascendant / descendant Legitimate
MURDER
Qualifying /Agravating circumstances
HOMICIDE
presume 'intent to kill'
Physical Injury
Due to out side force /without intent to kill
-Serious
-less serious
-slight
Treason- Pag tatraydor sa kanyang bansang tinitirhan.
Sedition- Pag aalsa ng private person without armed di lang po sila sa government nag aalsa or nag rarally pwede din po sa mga private company or factory.
Rebellion- Pag aalsa Laban sa government ng private person with armed like ng mga terrorist group
Coup De etat- kawani ng government like afp or pnp na against sa government at sila ay nag aalsa Laban sa gobyerno.
👌👮♂️
NULLUM CRIMEN NULLA POENA SINE LEGE- there is no crime if there in no law punishing it.
IGNORANTIA FACTI EXCUSAT- ignorance of the law
ACTUS NON FACIT REUM NISI MENS SIT REA- the act itself does not make a man guilty unless his intention was so.
ACTUS ME INVITO FACTUS NONEST MEUS ACTUS- an act done by me against my will is not my act.
ERROR IN PERSONAE- mistake in identity of victim.
ABERRATIO ICTUS-mistake in blow
PRAETER INTENTIONNEM-result done is greater than that originally intended.
Acquisitive crime - yan yung crime na property lng ang kinukuha which is hindi ito nagproproduce ng destruction of property or life. For example robbery, theft and etc.
Extinctive - yan naman ung mga crime na may destruction of property. For example arson, damage to property an etc.
Static crime - yan yung na commit mo yung krimen which is in one place. For example murder.
Continuing crime - yan naman yung na commit mo yung krimen which is from several places. For example: kidnapping, rebellion , abduction and etc.
CRIMES AGAINST PROPERTY
(MATERIAL TRANSFER)
ROBBERY - INTENT TO GAIN WITH FORCE
THEFT - INTENT TO GAIN WITHOUT FORCE
QUALIFIED THEFT - TRUST
(JUDICIAL TRANSFER)
ESTAFA - DECENT
PROCEDURE
RULE OF COURT
(110 OFFENSE) CRIMINAL CASE PRESUME INNOCENT NOT GUILTY
(111 CIVIL ACTION) CIVIL LIABILITY
(112 PRELIMINARY INVESTIGATION) 4 YEARS 2MONTHS AND 1 DAY
(113 ARREST) SEARCH WARRANT /WARRANT OF ARREST / ALIAS WARRANT /CITIZEN ARREST
(114 BAIL) PCCR =Property bond, Corporate surety bond, Cash bond, Recognizance
(115 RIGHT OF ACCUSED) MIRANDA DOCTRINE
RIGHT TO REMAIN SILENT
(116 PLEA) GUILTY OR NOT GUILTY
(117 MOTION TO QUASH) IPABASURA ANG KASO
BASE ON MERITS
(118 PRE TRIAL) PRESENTATION OF EVIDENCE (JUDICIAL OFFER)
(119 TRIAL) RIGHT TO SPEEDY TRIAL
(120 JUDGEMENT) CONVICTED OR AQUITTAL
(121 NEW TRIAL OR RECONSIDERATION)
REBUTTAL OR SUR REBBUTAL
(122 APPEAL) MTC TO SUPREME COURT
(123 PROCEDURE MTC)
(124 PROCEDURE RTC)
(125 PROCEDURE SUPREME COURT)
(126 SEARCH AND SEIZURE)
(127 PROVISIONAL REMEDIES IN CRIMINAL CASES.) The provisional remedies in civil actions, insofar as they are applicable, may be availed of in connection with the civil action deemed instituted with the criminal action.
DEFENITION of TERMS
FELONIES-- felonies are acts and omissions punishable by the revised penal code. ACT- any bodily movement tending to produce some effect in the external world.
OMISSION- -is meant inaction, the failure to perform a positive duty which one is bound to do.
MISTAKE OF FACT-- is a misapprehension of fact on the part of the person who caused injury to another.
MALA IN SE--wrongful from their nature, those so serious in their effects on society as to call for the almost unanimous condemnation of its members and defined and penalized by the Revised Penal Code.
MALA PROHIBITA--wrong merely because prohibited by statute, are violations of mere rules of convenience designed to secure a more orderly regulation of the affairs of society. The term mala prohibita refers generally to acts made criminal by special laws.
INTENT-- intent is the purpose to use a particular means to effect such result.
MOTIVE--motive is the moving power which impels one to action for a definite result.
CONSUMMATED FELONY- -a felony is consummated when all the elements necessary for its ex*****on and accomplishment are present.
FRUSTRATED FELONY-- when the offender performs all the acts of ex*****on 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.
ATTEMPTED FELONY-- when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of ex*****on which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.
OVERT ACTS- -an overt act is some physical activity or deed, indicating the intention to commit a particular crime, more than a mere planning or preparation, which if carried to its complete termination following its natural course, without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense.
INDETERMINATE OFFENSE-- one where purpose of offender in the performing an act is not certain. Its nature in relation to its objective is ambiguous.
CONSPIRACY- -conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.
PROPOSAL-- there is a proposal when the person who has decided to commit a felony proposes its ex*****on to some other person or persons.
IMPUTABILITY-- is the quality by which an act may be ascribed to a person as its author or owner. It implies that the act committed has been freely and consciously done and may, therefore, be put down to the doer as his very own.
RESPONSIBILITY-- is the obligation of suffering the consequences of crime. It is the obligation of taking the penal and civil consequences of the crime.
GUILT-- guilt is an element of responsibility, for a man cannot be made to answer for the consequences of a crime unless he is guilty.
GRAVE FELONIES-- are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive.
LESS GRAVE FELONIES- -are those which the law punishes with penalties which in their maximum period are correctional.
LIGHT FELONIES- -are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, is provided.
JUSTIFYING CIRCUMSTANCES-- are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability.
EXEMPTING CICUMSTANCES (non-imputability) -- are those grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary, or negligent.
MITIGATING CIRCUMSTANCES-- those which, if present in the commission of the crime, do not entirely free the actor from criminal liability but only serve to reduce the penalty.
AGGRAVATING CIRCUMSTANCES-- are those which, if attendant in the commission of the crime, serve to increase the penalty without, however, exceeding the maximum of the penalty provided by law for the offense.
GENERIC (kind of aggravating circumstances) -- those that can generally apply to all crimes.
SPECIFIC (kind of aggravating circumstances) -- those that apply only to particular crime.
QUALIFYING (kind of aggravating circumstances) -- those that change the nature of the crime.
INHERENT (kind of aggravating circumstances) -- those that must of necessity accompany the commission of the crime.
ALTERNATIVE CIRCUMSTANCES-- aggravating or mitigating according to the nature and effect of the crime and other conditions attending its commission.
INSTIGATION--public officer or private detective induces an innocent person to commit a crime and would arrest him upon or after the commission of the crime by him.
ENTRAPMENT- -a person has planned or is about to commit crime and ways and means are resorted to by a public officer to trap and catch the criminal; not a defense.
ACCIDENT-- any happening beyond control of persons, consequences of which are not foreseeable.
TREACHERY-- when the offender commits any of the crime against the person , employing means, methods or forms in the ex*****on thereof which tend directly and specially to insure its ex*****on, without risk to himself arising from the defense which the offended party might make.
IGNOMINY-- moral suffering
CRUELTY-- deliberate intention to prolong physical suffering of the victim.
HABITUAL DELINQUENCY-- within 10 years from last release or last conviction of the crime of falsification, robbery, estafa, theft, serious or less serious physical injuries, the offender is found guilty of any of said crimes a third time or oftener.
RECIDIVISM-- when the time of trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the revised penal code.
QUASI-RECIDIVISM-- commits a felony after having been convicted by final judgment, before beginning to serve such, or while serving the same, shall be punished by maximum period of penalty prescribed by law for new felony.
REITARACION or HABITUALITY--accused is on trial for an offense, he has previously serves sentence for another offense to which the law attaches an equal or greater penalty, or for two or more crimes to which it attaches lighter penalty than that for the new offense and that he is convicted of the new offense.
OFFENSE-- is an act or omission that is punishable by special laws such as Republic Acts, Presidential Decrees, Executive Orders, Memorandum Circulars, Ordinances and Rules and Regulations.
PENALTY-- penalty is the suffering that is inflicted by the State for the transgression of a law.
COMPLEX CRIMES-- when a single act constitutes two or more grave or less, grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed.
CONTINUED CRIME--a continued crime is a single crime, consisting of a series of acts but all arising from one criminal resolution.
ABERRATIO ICTUS-- mistake in the blow
ERROR IN PERSONAE--mistake in the identity of the victim
PRAETER INTENTIONEM-- the injurious result is greater than that intended.
RESTITUTION--in theft, the culprit is duty bound to return the property stolen.
REPARATION-- in case of inability to return the property stolen, the culprit must pay the value of the property stolen.
APPEAL- -a request to a higher (appellate) court for that court to review and change the decision of a lower court
ASSAULT- -a threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact; the act of putting another person in reasonable fear or apprehension of an immediate battery by means of an act amounting to an attempt or threat to commit a battery.
ACQUITTAL-- a jury verdict that a criminal defendant is not guilty or the finding of a judge that the evidence is insufficient to support a conviction.
BATTERY-- the application of force to another, resulting in harmful or offensive contact.
BRIBERY-- The corrupt payment, receipt, or solicitation of a private favor for official action.
COUNTERFEITING- -the forging, copying, or imitating of something (usually money) without a right to do so and with the purpose of deceiving or defrauding.
TREASON- -is a breach of allegiance to a government committed by a person who owes allegiance to it.
ALLEGIANCE- -is meant the obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive.
NEUTRALITY--a nation or power which takes no part in a contest of arms going on between others is referred to as neutral.
CORRESPONDENCE-- is communication by means of letters, or it may refer to the letters which pass between those who have friendly or business relations.
DOCUMENT-- is any written statement by which a right is established or an obligation extinguished. A document is a writing or instrument by which a fact may be proven and affirned.
PIRACY--it is robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility.
MUTINY-- it is the unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of its commander.
PROBABLE CAUSE-- probable cause can be defined as such facts and circumstances which would lead a reasonable discreet and prudent man to believe that an offense has been committed and that the object sought in connection with the offense are in the place sought to searched.
SEARCH WARRANT-- is an order in writing issued in the name of the People of the Philippines signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.
MISPRISION OF TREASON-- every person owing allegiance to the government of the Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them, conceals or does not disclose and make known the same, as soon as possible to the governor or fiscal of the province, or the mayor or the fiscal of the city in which he resides.
SEDITION-- in its general sense, is the raising of commotions or disturbances in the State.
CHARIVARI--the term charivari includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, tins horns, etc.., designed to annoy and insult.
ESPIONAGE- -Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine Archipelago; or (2) Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation.
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS.- - The penalty of reclusion temporal shall be imposed upon any public officer or employee, and that of prision mayor upon any private individual, who, by unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property.
VIOLATION OF NEUTRALITY -- The penalty of prision correccional shall be inflicted upon anyone who, on the occasion of a war in which the Government is not involved, violates any regulation issued by competent authority for the purpose of enforcing neutrality.
FLIGHT TO ENEMY'S COUNTRY. -- The penalty of arresto mayor shall be inflicted upon any person who, owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited by competent authority.
PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS -- The penalty of reclusion temporal shall be inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or passengers
EXPULSION -- The penalty of prision correccional shall be imposed upon any public officer or employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands or shall compel such person to change his residence.
VIOLATION OF DOMICILE.- - The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who, not being authorized by judicial order, shall enter any dwelling against the will of the owner thereof, search papers or other effects found therein without the previous consent of such owner, or having surreptitiously entered said dwelling, and being required to leave the premises, shall refuse to do so.
DWELLING-- means any building or structure exclusively devoted for rest and comfort as distinguished from places devoted to business, offices, etc..,
INHABITED HOUSE-- is any shelter, ship or vessel constituting the dwelling of one or more persons even though the inhabitants thereof are temporarily.
PUBLIC BUILDING--is every building owned by the government or belonging to a private person but used or rented by the government, although temporarily unoccupied by the same.
PREMISES-- premises signifies distinct and definite locality. It may mean a room, shop, building or definite area, but in either case, locality is fixed.
GRAVE THREATS- -any person who shall threaten another with the infliction upon the person, honor, or property of the latter or of his family of any wrong amounting to a crime.
UNJUST VEXATION- -unjust vexation includes any human conduct which, although not productive of some physical or material harm would, however, unjustly annoy or vex an innocent person.
SEIZE-- it means to place in the control of someone a thing or to give him the possession thereof.
ROBBERY- -is the taking of personal property belonging to another, with intent to gain, by means of violence against, or intimidation of any person, or using force upon things.
FALSE KEYS-- are genuine keys stolen from the owner or any keys other than those intended by the owner for use in the lock forcibly opened by the offender.
BRIGANDAGE-- is a crime committed by more than three armed persons who form a band of robbers for the purpose of committing robbery in the highway or kidnapping persons for the purpose of extortion or to obtain ransom, or for any other purpose to be attained by means of force and violence.
PHILIPPINE HIGHWAY-- it shall refer to any road, street, passage, highway and bridges or other parts thereof, or railway or railroad within the Philippines used by persons, or vehicles, or locomotives or trains for the movement or circulation of persons or transportation of goods, articles, or property or both.
THEFT-- theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent.
FENCING-- is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.
ENCUMBRANCE-- the term incumbrance includes every right or interest in the land which exists in favour of third persons.
MALICIOUS MISCHIEF-- malicious mischief is the wilful damaging of another's property for the sake of causing damage due to hate, revenge or other evil motive.
ADULTERY-- adultery is committed by any married woman who shall have s*xual in*******se with a man not her husband and by the man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void.
LEWD-- lewd is designed as obscene, lustful, indecent, and lecherous. It signifies the form of immorality which has relation to moral impurity; or that which is carried on a wanton manner.
CONCUBINAGE- -any husband who shall keep a mistress in the conjugal dwelling, or, shall have s*xual in*******se, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place.
COHABIT-- the term cohabit means to dwell together, in the manner of husband and wife, for some period of time, as distinguished from occasional, transient interviews for unlawful in*******se.
SEDUCTION-- seduction means enticing a woman to unlawful s*xual in*******se by promise of marriage or other means of persuasion without use of force.
ABDUCTION-- is meant the taking away of a woman from her house or the place where she may be for the purpose of carrying her to another place with intent to marry or to corrupt her.
BIGAMY-- any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.
LIBEL- -is a defamation committed by means of writing, printing, lithography, radio, phonograph, painting or theatrical or cinematographic exhibition, or any similar means.
SLANDER-- slander is oral defamation, it is libel committed by oral (spoken) means, instead of in writing. The term oral defamation or slander as now understood, has been defined as the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood.
MISFEASANCE-- is the improper performance of some act which might lawfully be done
MALFEASANCE-- is the performance of some act which ought not to be done.
NONFEASANCE--is the omission of some act which ought to be performed.
INFANTICIDE- -the killing of any child less than three days of age, whether the killer is the parent or grandparent, any other relative of the child, or a stranger.
DUEL-- it is a formal or regular combat previously concerted between two parties in the presence of two or more seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the fight.
MUTILATION-- means the lopping or the clipping off of some part of the body.
DEFORMITY- -is meant physical ugliness, permanent and definite abnormality. It must be conspicuous ad visible.
ARREST-- A restraint on person, depriving one of his own will and liberty, binding him to become obedient to the will of the law
PROOF-- It refers to the accumulation of evidence sufficient to persuade the trial court.
QUANTUM OF EVIDENCE- -the totality of evidence presented for consideration
QUANTUM OF PROOF -- refers to the degree of proof required in order to arrive at a conclusion.
BURDEN OF EVIDENCE -- the duty of a party of going forward with evidence.
BURDEN OF PROOF -- the duty of the affirmative to prove that which it alleges.
COLLATER MATTERS - -matters other than the fact in issue and which are offered as a basis for inference as to the existence or non-existence of the facts in issue.
PROBATIVE VALUE -- It is the tendency of the evidence to establish the proposition that it is offered to prove.
ANTECEDENT CIRCUMTANCES -- facts existing before the commission of the crime [i.e. hatred, bad moral character of the offender, previous plan, conspiracy, etc.]
CONCOMITANT CIRCUMTANCES -- facts existing during the commission of the crime [i.e. opportunity, presence of the accused at the scene of the crime, etc.]
SUBSEQUENT CIRCUMTANCES -- facts existing after the commission of the crime [i.e. flight, extrajudicial admission to third party, attempt to conceal effects of the crime, possession of stolen property, etc.]
CONFESSION -- an acknowledgement of guilt.
judicial admissions.—An admission, verbal or written, made by a party in the course of the proceedings in the same case, does not require proof. The admission may be contradicted only by showing that it was made through palpable mistake or that no such admission was made
INTRODUCTION TO CRIMINOLOGY
Witness --- man of the hour in court .
Victim ---- the forgotten one.
Offender -- the principal character to the CJS
Suspect --- One who implicated to the commission of a crime (subject of investigation)
Respondent --- person who is a subject of Preliminary investigation or inquest proceeding.
Accused --- person who charged of an offense in court and facing trial.
Appelant --- one who filed an appeal .
Criminal --- who is found guilty by final judgment
Police --- initiator or prime mover of the CJS
Pardonee --- one who is given pardon.
Parolee --- one who is granted with parole.
Probationer --- one whose application for probation was granted.
Petitioner --- one who files an application for Probation,parole and pardon
Criminologia ---- (Italian word) Raffaelle Garofalo 1885
Criminologie ---- (French word) Paul Topinard 1887
R.A 6506 --- Act creating the Board of Examiners for Criminologists in the Phil. And other purpose.(approved/effective=July 1,1972)
Criminal ecology --- study of criminality in relation to the spatial distribution in a community.
Criminal epidiomology ---- study of the relationship between environment and criminality.
Criminal psychiatry --- study of human mind in relation to criminality.
Criminal psychology ---- study of human behavior in relation to criminality.
Criminal demography --- criminality and population.
Criminal physical anthropology ---- study of criminality in relation to Physical constitution of men.
Victimology ---- study of role of victim in the commission of the crime.
Criminal Etiology --- study of the cause or the origin of crime.
Penology ---- control and prevention of crime and the treatment of youthful offender.
Sociology ---- study of human society, its origin ,structure,functions and directions.
Criminological research ---- study if crime correlated to with antecedent variables ,state of the crime trend.
Delinquency ---- act not inconformity with the norms of society .
August Comte --- Father of sociology
Emile Durkheim --- father / modern sociology .
Mala prohibitum crime ---- acts that are outlawed because they clash with current norms and public opinion ,such as tax ,traffic and drugs law.
Mala in se crime --- acts that outlawed because they violate basic moral values such as r**e, murder ,assault and robbery .
Mass murder --- killing a large number of person at one time.
Hypoglycemia --- which the glucose in the blood falls below levels/efficient brain functioning .
Hyperglycemia --- high blood sugar
Marital r**e ---- forcible s*x between legally married partners.
Statutory r**e ---- s*xual relation between an minor female and an adult male.(11yrsold below)
Jeremy Betham --- pain and pleasure
Cesare Becarria --- Free will theory
Edwin Sutherland ---- who introduced the ff definition of criminology. "Dean of criminology "
Gabriel Tarde ---- introduced the "Theory of imitation - suggestion "
Enrico Ferri ---- "Theory of imputable and denial of Free Will.
Ada juke --- Mother of criminals.
Henry Goddard ---- He was the first person to use the term "MORON"
Robert Merton ---- applied the theory of anomie of Durkheim to criminology
August Aichorn --- "Latent delinquency "
Ego --- "reality principle "
Id ---- "pleasure principle "
SuperEgo ---- resulted from incorporating within the personality the moral standards and values of parents,community /others /tell what is right from wrong.
Oedipus complex ---- Electra complex in man.
Electra complex ---- girls begin to have s*xual feeling for their father's .
Erik Erikson ---- "identity crisis"
Monogamy --- one marriage (1 man and 1woman )
Polygamy --- marriage of one man with two or more wife.
Polyandry --- marriage of one woman with two or more husband.
18-70 --- full responsibility
18 --- age of majority or legal age
CRIM SOCIO
CRIMINAL ETIOLOGY- the scientific analysis of all crimes, the Couse of all crime
SOCIOLOGY OF LAW- scientific analysis of the condition under which criminal law was developed
ETYMOLOGY- accusation and study (Italian word criminlogia by: Raffaele Garafalo)
---
PRE-CLASSICAL- also known as demonological school, believe that people that commit crime are demons (Retribution) (Aristotle, Plato’s)
CLASSICAL- the enlightenment period, free will, hedonistic (pleasure and pain)
(cesare becarria, Jeremy bentham)
NEO CLASSICAL- began during French revolution, introduce the application of mitigating circumstances in imposing penalties
POSITIVIST/ITALIAN- emphasized the study that criminals are caused by physical stigmata, atavism, physical features, and biological inheritance
Different Types Of Crimes👥
1. ABDUCTION - forcibly taking someone away against their will.
2. ARSON - setting fire to a building, cars or property on purpose
3. ASSASSINATION - killing a famous person or public figure.
4. ASSAULT - attacking someone physically.
5. BIGAMY - marrying someone when you are already married to another person.
6. BLACKMAIL - threatening to reveal someone’s secrets if a lot of money is not paid.
7. BOMBING - detonating an explosive device with the plan of harming people or property.
8. BRIBERY - giving money or granting favors to influence another person’s decisions or behavior.
9. BURGLARY - breaking into a house in order to steal something.
10. CHILD ABUSE - treating a child badly in a physical, emotional, or s*xual way.
11. CORRUPTION - behaving illegally and dishonestly; especially those in power.
12. CRIME - doing something illegal that can be punished by law.
13. CYBERCRIME - doing something illegal over the Internet or a computer system.
14. DOMESTIC VIOLENCE - behaving violently inside the home.
15. DRUNK DRIVING - driving with too much alcohol in your blood.
16. EMBEZZLEMENT - stealing large amounts of money that you are responsible for, often over a period of time.
17. ESPIONAGE- spying, to obtain political or military information.
18. FORGERY - illegally copying documents, money, etc. to cheat people.
19. FRAUD - getting money from people by cheating them.
20. GENOCIDE - killing on purpose a large number of people, especially from a particular group or area.
21. HIJACKING - taking control of a plane, train etc by force, often to meet political demands.
22. HIT AND RUN - not stopping to help a person hurt in an accident caused by you.
23. HOMICIDE - killing another person unintentionally.
24. HOOLIGANISM - being violent or aggressive on purpose; often used to describe youth.
25. IDENTITY THEFT- using someone else’s personal information for one’s own gain.
26. KIDNAPPING - taking someone away by force, often demanding money for their safe return.
27. LIBEL - the act of making a false spoken statement that causes people to have a bad opinion of someone
8. LOOTING - taking things illegally and by force, during a riot, war, etc.
29. LYNCHING - killing someone without legal process, often by hanging, often by an angry mob.
30. MANSLAUGHTER - killing someone without malice aforethought.
31. MUGGING - attacking someone with a plan to rob them.
32. MURDER - killing someone on purpose.
33. PERJURY - lying in court, while under oath.
34. PICKPOCKETING - stealing wallets, money, etc. from people’s pockets in crowded places.
35. PILFERING - stealing small quantities of goods over time.
36. POACHING - hunting illegally.
37. R**E - forcing someone to have s*x.
38. RIOT - causing a noisy, violent public disturbance.
39. ROBBERY - stealing large amounts of money with force or violence from a bank, store, etc.
40. SHOPLIFTING - stealing something from a store.
41. SLANDER - damaging someone’s reputation by speaking lies about them.
42. SMUGGLING - taking things secretly in or out of a place, country, jail, etc.
43. SPEEDING - driving above the speed limit.
44. TERRORISM - using violence, threats, or fear, usually for political purposes.
45. THEFT - stealing, in general.
46. TRAFFICKING - trading something illegal like drugs, people, etc.
47. TREASON - betraying one’s country by helping its enemies.
48. TRESPASSING - entering another person’s area; hurting people/damaging property through force.
49. VANDALISM - destroying private or public property purposely.
50. VOYEURISM - secretly watching naked people or s*xual acts & getting s*xually excited.
Different Types Of Crime 👥
ACTS OF LASCIVIOUSNESS - filled with or showing s*xual desire.
2. ADULTERY - voluntary s*xual congress between a married person and someone who is not his or her spouse.
3. AGGRAVATED ASSAULT/ BATTERY - a beating, or wrongful physical violence
4. ATTEMPT - an intentional effort to commit a crime that failed but could have succeeded
5. CHILD ABUSE - any action or series of actions that results in harm, potential for harm, or threat of harm to a child
6. CHILD PO*******HY - po*******hy that exploits children for s*xual stimulation. It may be produced with the direct involvement or s*xual assault of a child.
7. COMPUTER CRIME - an act performed by a knowledgeable computer user, sometimes referred to as a hacker that illegally browses or steals a company's or individual's private information. In some cases, this person or group of individuals may be malicious and destroy or otherwise corrupt the computer or data files.
8. CONCUBINAGE - an interpersonal and s*xual relationship in which the couple are not or cannot be married. The inability to marry may be due to multiple factors such as differences in social rank status, an existing marriage, religious or professional prohibitions, or a lack of recognition by appropriate authorities.
9. CONSPIRACY - two or more people who join together to plan and commit an unlawful act.
10. COUNTERFEITING MONEY - imitation currency produced without the legal sanction of the state or government usually in a deliberate attempt to imitate that currency and so as to deceive its recipient. Producing or using counterfeit money is a form of fraud or forgery.
11. COUP D'ETAT - also known as a putsch, a golpe, or simply as a coup, means the overthrow of an existing government; typically, this refers to an illegal, unconstitutional seizure of power by a dictator, the military, or a political faction.
12. CYBERBULLYING - the use of electronic communication to bully a person, typically by sending messages of an intimidating or threatening nature.
13. DISTURBING THE PEACE - a crime generally defined as the unsettling of proper order in a public space through one's actions. This can include creating loud noise by fighting or challenging to fight, disturbing others by loud and unreasonable noise, or using profan
14. DRUG MANUFACTURING AND CULTIVATION - grow, produce, or possess plants with naturally occurring substances that are used in the production of illegal drugs and controlled substances and produce illegal substances such as co***ne which are derived from plants.
15. DRUG TRAFFICKING / DISTRIBUTION - is a global illicit trade involving the cultivation, manufacture, distribution and sale of substances which are subject to drug prohibition laws.
16. DUI / DWI - the act or crime of driving while affected by alcohol or drugs.
17. EXTORTION - the crime of getting money from someone by the use of force or threats.
18. FALSIFYING DOCUMENTS - it involves altering, changing, or modifying a document for the purpose of deceiving another person. It can also involve the passing along of copies of documents that are known to be false.
19. HARASSMENT - to create an unpleasant or hostile situation for especially by uninvited and unwelcome verbal or physical conduct.
20. HATE CRIMES - a crime, typically one involving violence, that is motivated by prejudice on the basis of race, religion, s*xual orientation, or other grounds.
21. ILLEGAL DETENTION - is the unjustifiable imprisonment or the unlawful deprivation of liberty of a person by way of arrest for a wrongful cause or suspicion and the continued restriction of personal freedom by retaining such person in custody.
22. ILLEGAL POSSESION OF FI****MS
23. INDECENT EXPOSURE - the act of outraging public decency by being naked in a public place.
24. INFANTICIDE - the act of killing a baby.
25. MAULING - attacking someone and cause a bloody injury.
26. MONEY LAUNDERING - the concealment of the origins of illegally obtained money, typically by means of transfers involving foreign banks or legitimate businesses.
27. PARRICIDE - one that murders his or her father, mother, or a close relative.
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