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Amargo - Cdi3 (Assessment 2)
Amargo - Cdi3 (Assessment 2)
1. Briefly discuss the Crime and Information Theory of Michael Andrew Paul Willmer.
Criminal investigation process resembled a battle between the police and the
perpetrator over crime related information.
In committing the crime, the offender emits signal or leaves behind information of
various source like fingerprints, eye witness description, physical evidence, and etc.
which the police attempt to collect through investigative procedure. So, if the
perpetrator able to minimized the amount of available information for the police to
collect or if the police unable to recognize the information left behind then the
perpetrator will not be apprehended and therefore will win the battle.
2. Define Arrest
It is the taking of a person into custody in order that he may be bound to answer for
the commission of an offense.
Private offenses are those which cannot be prosecuted except upon complaint filed by
the aggrieved party while public order crimes are any acts or behaviours that
considered to interfere with the normal flow of society.
They are found either in the Revised Penal Code, Special Laws or in jurisprudence.
Justifying Circumstances - These are the defences in which the accused is
deemed to have acted in accordance with the law and therefore the act is
lawful. Since the act is lawful, it follows that there is no criminal, no criminal
liability and no civil liability.
Exempting Circumstances - These are defences where the accused
committed a crime but is not criminally liable. There is a crime, and there is
civil liability but no criminal.
Mitigating Circumstances - Those which when present results either to:
(i) the penalty being reduced by at least one degree or
(ii) the penalty shall be imposed in its minimum period.
Aggravating Circumstances - Those which when present will result either to:
(i) a change in the nature of the offense as to make it more serious and
result to the imposition of a higher penalty.
(ii) the penalty being imposed in its maximum period. They are provide for
by the Revised Penal Code as well as by special laws.
6. Define Conspiracy.
Conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it. Conspiracy can also be proven
based on the idea of "unity of purpose" and acts leading to a common design. There
is proposal when the person who has decided to commit a felony proposes its
execution to some other person or persons.
A criminal case is considered solved when: the offender has been identified, taken into
custody (arrest), and charged before the prosecutor’s office based on sufficient
evidence (probable cause) against the accused.