0% found this document useful (0 votes)
67 views

Alvin F. Bruan Assignment

This document contains a student paper submitted by Mr. Alvin F. Bruan for his Criminology degree. It defines key terms related to crime and criminal justice. It discusses the nature of crime and victimization. Finally, it defines and explains criminal law and procedure. The paper provides definitions of crime, law, and criminal justice from various dictionaries. It also examines the elements of a crime and how prosecutors must prove the guilty act and intent.

Uploaded by

alvin bruan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
67 views

Alvin F. Bruan Assignment

This document contains a student paper submitted by Mr. Alvin F. Bruan for his Criminology degree. It defines key terms related to crime and criminal justice. It discusses the nature of crime and victimization. Finally, it defines and explains criminal law and procedure. The paper provides definitions of crime, law, and criminal justice from various dictionaries. It also examines the elements of a crime and how prosecutors must prove the guilty act and intent.

Uploaded by

alvin bruan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 4

University of Luzon

Dagupan city pangasinan

Name of Student: MR. ALVIN F. BRUAN


Degree Course : MS in Criminology
Subject Professor : Dr. Esther Vedania

1. Define the meaning of crime, law and criminal justice.

1.1 The meaning of Crime

The Collins English Dictionary defined “Crime as an illegal action or activity for
which a person can be punished by law.”

The Free Dictionary defined “Crime as an act committed in violation of law where
the consequence of conviction by a court is punishment, especially where the punishment is a
serious one such as imprisonment.”

The Legal definition of Crime. “A crime is a wrongdoing classified by the state or


Congress as a felony or misdemeanor.” A crime is an offence against a public law.

1.2 The Meaning of Law

The Collins English Dictionary defined “Law as a system of rules that a society or
government develops in order to deal with crime, business agreements, and social relationships.”

The Free Dictionary defined Law as a body of rules and principles governing the
affairs of a community and enforced by a political authority; a legal system

The Legal Definition of Law. Law is a rule of conduct developed by the


government or society over a certain territory. Law is body of rules of conduct of binding legal
force and effect, prescribed, recognized, and enforced by controlling authority.

1.3 The Meaning of Criminal Justice

The Collins English Dictionary defined “Criminal Justice as the combination of


courts and legal processes that deal with crime.”

The Free Dictionary defined “Criminal Justice as the system of law enforcement,
the bar, the judiciary, corrections, and probation that is directly involved in the apprehension,
prosecution, defense, sentencing, incarceration, and supervision of those suspected of or charged
with criminal offenses/” It is a generic term for the procedure by which criminal conduct is
investigated, arrests made, evidence gathered, charges brought, defenses raised, trials conducted,
sentences rendered, and punishment carried out.

Legal Definition of Criminal Justice. “Criminal Justice is the system of law


enforcement, involving police, lawyers, courts, and corrections, used for all stages of criminal
proceedings and punishment.”

2. Define and explain the nature of crime and victimization

2.1 The Nature of Crime

Crime is a changing concept, dependent upon the social development of a people that is
upon the fundamental interests and values dominating their common beliefs. The nature of crime
is changing due to the changes in the society and the environment.

Crime is any act or omission of an act that is prohibited and punishable by the state
(Public Law). There are four conditions that must exist for an act or omission to be considered a
crime: (1) the act is considered wrong by society, (2) the act causes harm to society in general or
those in need of protection, (3) the harm is serious, and (4) the remedy must be handled by the
criminal justice system.

Many countries and cultures have different opinions what constitutes criminal behaviour,
for example, sex outside marriage, consumption of alcohol, etc. When a person commits a crime,
it is deemed to be committed against all of society.

Elements of Crime: Prosecutors need to prove that the elements of the particular offence
are present. Two fundamental elements are applicable in most cases: (1) Actus Reus (Guilty
Act): That the accused person actually committed the crime must proved the accused carried out
the relevant criminal act; (2) Mens Rea (Guilty Mind): The accused person sufficiently intended
to commit the crime.The prosecution must prove, to some degree, that the accused intended to
commit crime.

2.2 Victimization

Victimization is defined in the act as treating someone badly because they have done a
“protected act.” A protected act is (1) Making a claim or complaint of discrimination (under the
Equality Act), (2) Helping someone else to make a claim by giving evidence or information, (3)
Making an allegation that you or someone else has breached the Act, (4) Doing anything else in
connection with the Act.

Types of victimization includes sexual misconduct, rape, sexual touching, sexual


harassment, stalking, physical assault/battery, dating/relationship/domestic violence, theft, and
threat of harm.

Sexual Misconduct is an umbrella term that includes any non-consensual sexual activity
that is committed by force or fear or mental or physical incapacitation, including through the use
of alcohol or drugs. Sexual misconduct can vary in its severity and consists of a range of
behavior, including rape, statutory rape (sexual contact with a person under 18 years old), sexual
touching, sexual exploitation, sexual harassment, and conduct suggestive of attempting to
commit any of the aforementioned acts.

Engaging in any sexual activity, clear consent must be given.

3. Define and explain criminal law and procedure

3.1 Criminal law

Criminal Law is a body of rules and statutes that defines conduct prohibited by the
government because it threatens and harms public safety and welfare and that establishes
punishment to be imposed for the commission of such acts. It generally refers to substantive
criminal laws. Substantive criminal laws define crimes and may establish punishments.

Criminal law serves to define offences under a codified system of laws and punishments.
It is where we define what crime is and how it goes about being persecuted.

The main areas of criminal laws are investigation, enforcement, prosecution, defence, criminal
trial, sentencing and punishment.

3.2 Criminal Procedure

Criminal Procedure describes the process through which the criminal laws are enforced.
For example, the law prohibiting murder is a substantive criminal law. The manner in which
government enforces this substantive law—through the gathering of evidence and prosecution—
is generally considered a procedural matter

The object of Criminal Procedure is to provide a mechanism for the investigation and
trial of offenders. It lays down the rules for conduct of investigation into offences by the police
proceedings in court against any person who has a committed an offence under any Criminal
law.

You might also like