Licarte ken joshua G

Bs crim ,3-3

1.what are the four theories in criminal law?explain each

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. Rational cause
theory purports that the offender makes a choice to commit a criminal act upon examining options, consequences
and benefits. 

Sociological Positivism
Sociological Positivism, popularized by statisticians Lambert Adolphe Jacques Quetelet and André-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
-focuses on how an offender conforms to his surroundings, becoming a product of his environment and social
learning. This concept proposes that criminality is inevitable under circumstances such as ongoing exposure to
social disorganization in a criminal culture, stigmatization, strain including poverty, a break-down in family or
moral values and family or community-justified crime.
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.
that criminals are predisposed to commit crime as a result of biological inferiority versus personal choice. This
theory takes an objective and scientific approach to understanding crime by researching an array of physiological
factors that may contribute to criminality such as vitamin deficiencies, hormonal imbalances, diet and brain
function.
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. Disorders may be the result of sociological or biological factors such as physical or
sexual abuse, parental criminology and intelligence level.
2.Distinguish the mala in se from mala prohibita
The better approach to distinguish between mala in se and mala prohibita crimes is the determination of the inherent
immorality or vileness of the penalized act. If the punishable act or omission is immoral in itself, then it is a crime
mala in se, -on the contrary, if it is not immoral in itself, but there is a statute prohibiting its commission b)”. reasons
of public policy, then it is mala prohibita. 

In the final analysis, whether or not a crime involves moral turpitude is ultimately a question of fact and frequently
depends on all the circumstances surrounding the violation of the statute.

3. Define felonies

A felony is a crime that is punishable by a prison sentence of over one year. A person can also be sentenced to the
death penalty for a felony if the state where one committed the crime has a statute which authorizes the death
penalty. Usually, felonies are highly serious crimes.
4.Classification of felonies
Class A Felonies
Class A felonies are the most serious crimes in the class system. They are also the most uniform between states
because they feature the top offenses. Examples of crimes that generally reach this level include murder, rape,
kidnapping, and arson.

If someone is convicted of a Class A violent felony in New York, for example, they can be sentenced anywhere from
20-25 years to life in prison.

Some examples of Class A-I felonies

Murder in the first degree: A person intentionally causes the death of someone else
Kidnapping in the first degree: A person abducts someone and either tries to elicit ransom money, restrains the victim
for more than 12 hours, or the victim dies during the abduction.

Arson in the first degree: A person intentionally uses an incendiary device to damage a building or vehicle, with the
knowledge that another person could be present, and that person gets injured..
Class B Felonies
Class B felonies are less serious than Class A, but can still be considered highly offensive. Class B felonies might
include manslaughter, robbery, distribution of narcotics, and attempted class A felony.

Some examples of Class B felonies in

Manslaughter in the first degree with a firearm: A person armed with a firearm intends to cause serious injury to
someone and causes their death or the death of a third person.
Sexual assault in a spousal or cohabitation relationship: A spouse or cohabitant forces their counterpart to engage in
sexual activity under the threat of physical injury.
Burglary in the first degree (when armed with explosive, deadly weapon, or dangerous instrument): A person armed
with a dangerous implement unlawfully enters a property with the intent to commit a crime.
Class C Felonies
Class C felonies are less serious than Class B felonies. Class C can include bribery, forgery, criminal tampering, and
child custody interference.
Some examples of Class C felonies in
Forgery in the first degree: A person knowingly makes fake money, valuables, or securities issued by the government
Theft by deception or extortion of $10,000 or more: A person knowingly steals over $10,000 from someone with or
without their knowledge.
Bribery of a public servant: A public servant accepts a benefit in exchange for a service in the form of a vote, opinion,
or exercise of discretion.
5.Explain the meaning of the following legal maxims in criminal law
A)nullum crimen nulla poena sine lege
Nullum crimen sine lege is sometimes called the legality principle. It is also interchangable with "nullum poena sine
lege," which translates to "no punishment without law".
B.)Actus non facit reum nisi mens sit rea
an act is not necessarily a guilty act unless the accused has the necessary state of mind required for that offence]

The maxim that, generally, a person cannot be guilty of a crime unless two elements are present: the * actus
reus(“guilty act”) and the * mens rea (“guilty mind”). Most criminal offences require (1) an actus reus (conduct
“external” to the defendant's thoughts and intentions) and (2) a mens rea (a specific state of mind on the part of
the accused).

C)Doctrin of pro reo

The doctrine of pro reo advocates that penal laws and laws penal in nature are to. be construed and applied in a way
lenient or liberal to the offender, consonant to. and consistent with the constitutional guarantee that an accused shall
be. presumed innocent until his guilt is established beyond reasonable
D.)Actus me invito factus non est meus actus
Actus me invito factus non est meus actus is a legal maxim in Latin. It means 'the act done by me against my will is
not my act. ' For example, if someone points a gun to your head and ask you to make a threatening phone call, then
you are basically innocent.