Jose federico DG.

Aniceto BSCRIM lll-2

1. what are the four theories of criminal law

Rational Cause

Rational Cause or "choice theory" developed by 18th century Italian philosopher and politician, Cesare
Becarria, is considered the classical school of thought and depicts criminals as deviants. The basis of the
theory explains offender motivation to commit a crime as a purposeful decision with intent of personal
gain in the form of ego-boosting incentives such as money, power, status or learning.

Sociological Positivism

Sociological Positivism, popularized by statisticians Lambert Adolphe Jacques Quetelet and Andre Michel
Guerry in the 1800s, examines relationships between societal influences and crime. Sociological theory
is driven by a study of social structures within an offender's environment such as family, peer groups,
socioeconomic status, education level and subculture that led to his criminality.

Biological Positivism

Biological Positivism, theorized by Italian criminologist Cesare Lombroso in the late 1800s, is based in
anthropology, and studies the evolution and physiological differences between criminals and non-
criminals, theorizing that some people are born-criminals. The belief is that criminals are predisposed to
commit crime as a result of biological inferiority versus personal choice.

Psychological Positivism

Psychological Positivism, theorized by French criminologist Alexander Lacassagne in the 1800s, proposes
that the causation of criminality is rooted in offender mental illness or personality disorders. Examples
include schizophrenia, bi-polar disorder, psychopathic personality, antisocial personality disorder,
depression and neuroticism.

2. Distiquish Mala in se from Mala prohibita

Mala in se, a Latin phrase, refers to crimes such as murder, rape, and theft. These contrast with mala
prohibita offenses, which are actions that are considered wrong because they violate the law, not
because they are morally wrong.

3. Defines felonies

Felonies are the most serious class of criminal offense. They are generally defined as crimes punishable
by imprisonment of more than one year, and the prison sentences are usually served in a federal or
state penitentiary rather than a county jail

4. Classification of felonies. explain each

when light felonies are punishable - light felonies are punishable only when they have been
consummated with the exception of those commited against person or property

Grave felonies less grave felonies and light felonies - Grave felonies are those to which the law
attaches the capital punishment or penalties which in any of their periods arw afdlictive in accordance
with Art 25 of this code.

5. Explain the meaning of the following legal maxims in criminal law.

a. Nallum crimen nulla poena sine lege - there is no crime when there is no law punishing the same.

b. Actus non facit reum, nisi mens sit rea - the act cannot be criminal where the mind is not criminal

c. Doctrine of pro reo - Whenever a penal law is to be construed or applied and the law admits of two
interpretations one lenient to the offender and one strict to the offender that interpretation which is
lenient or favorable to the offender will be adopted.

d. actus me invito factus non est meus actus - “An Act done against my will is not my act.” Although the
maxim does not exactly roll off your tongue, I like it because it conveys the notion of general intent as
opposed to specific intent. An explanation you see again and again in the D.C. Model Jury Instructions is
the following: “Intentionally means that the defendant acted voluntarily, on purpose and not by
mistake or accident.”