Why do you have to study criminal law?

Criminal law is a system of laws that deals with the punishment of individuals who commit
crimes. A crime is a deliberate or reckless action that causes harm to another person or his/her
property. The punishment varies with the severity of the crime.

 Engage in advanced criminal law theory and, separately, criminological theory to

examine how societies can better understand and effectively respond to crime.
 Study in a lively and interdisciplinary intellectual environment, giving you the advantage
of a wide-ranging knowledge set.
 Learn from experts in their fields – our faculty publish journal articles, books and public
reports shaping the fields of criminal law, criminal justice studies and criminology.

When is an act considered a crime or felony?

Felonies are the most serious types of crimes. They are usually defined by the fact that they are
punishable by prison sentences of greater than one year. Since the punishments can be so severe,
court room procedure must be strictly observed so that the defendants' rights stay protected.
Felonies are usually crimes that are viewed severely by society, and include crimes such as
murder, rape, burglary, kidnapping, or arson. However, felonies can also be punished in a range
of ways so that the punishment matches the severity of the crime.

As a general rule, felony offenses are those which carry a potential prison term of more than one
year. A felony is considered to be a wrong against society as a whole, and the state, in the person
of a prosecutor or district attorney, brings all legal action related to felony prosecutions.
Conviction of a felony can lead to further restrictions, including the loss of the right to vote, as
well as disqualification for ownership of firearms.

Certain crimes, by their very nature, are considered so heinous or severe that they are always
considered felonies. Homicide, kidnapping and burglary are examples. In most other instances,
whether or not an illegal act constitutes a felony depends on the severity of the crime. With theft
crimes, it’s the dollar amount—which varies from state to state—that distinguishes between
grand theft/grand larceny, a felony, and petty theft/petty larceny, a misdemeanor.
Felonies Most felony charges involve some harm or threat of harm to another person. Many
jurisdictions punish repeat offenses for certain crimes, such as DUI, as felonies, even though a
first offense may be a misdemeanor.

Enumerate the 1997 Constitutional rights of an accused under article III, deal of rights.
Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise, as prescribed by
law.cralaw

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.cralaw
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press,
or the right of the people peaceably to assemble and petition the government for redress of
grievances.cralaw

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.cralaw

Section 6. The liberty of abode and of changing the same within the limits prescribed by law
shall not be impaired except upon lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public safety, or public health, as may be
provided by law.cralaw

Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as basis for policy
development, shall be afforded the citizen, subject to such limitations as may be provided by
law.cralaw

Section 8. The right of the people, including those employed in the public and private sectors, to
form unions, associations, or societies for purposes not contrary to law shall not be
abridged.cralaw

Section 9. Private property shall not be taken for public use without just compensation.cralaw

Section 10. No law impairing the obligation of contracts shall be passed.cralaw

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall
not be denied to any person by reason of poverty.cralaw

Section 12. (1) Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence of
counsel.cralaw

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited.cralaw

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.cralaw
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to the rehabilitation of victims of torture or similar practices, and their
families.cralaw

Section 13. All persons, except those charged with offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to bail shall not be impaired even
when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be
required.cralaw

Section 14. (1) No person shall be held to answer for a criminal offense without due process of
law.cralaw

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature
and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the attendance of witnesses and
the production of evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused: Provided, that he has been duly notified and his
failure to appear is unjustifiable.cralaw

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion or rebellion, when the public safety requires it.cralaw

Section 16. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.cralaw

Section 17. No person shall be compelled to be a witness against himself.cralaw

Section 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.cralaw

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof
the party shall have been duly convicted.cralaw

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it. Any death penalty already
imposed shall be reduced to reclusion perpetua.cralaw

(2) The employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall
be dealt with by law.cralaw

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.cralaw
Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an
act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a
bar to another prosecution for the same act.cralaw

Section 22. No ex post facto law or bill of attainder shall be enacted.

RULE 115 - RIGHTS OF ACCUSED

Section 1. Rights of accused at trial. – In all criminal prosecutions, the accused shall be entitled
to the following rights:

(a) To be presumed innocent until the contrary is proved beyond reasonable doubt.

(b) To be informed of the nature and cause of the accusation against him.

(c) To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment. The accused may, however, waive his presence at
the trial pursuant to the stipulations set forth in his bail, unless his presence is specifically
ordered by the court for purposes of identification. The absence of the accused without justifiable
cause at the trial of which he had notice shall be considered a waiver of his right to be present
thereat. When an accused under custody escapes, he shall be deemed to have waived his right to
be present on all subsequent trial dates until custody over him is regained. Upon motion, the
accused may be allowed to defend himself in person when it sufficiently appears to the court that
he can properly protect his rights without the assistance of counsel.

(d) To testify as a witness in his own behalf but subject to cross-examination on matters covered
by direct examination. His silence shall not in any manner prejudice him.

(e) To be exempt from being compelled to be a witness against himself.

(f) To confront and cross-examine the witnesses against him at the trial. Either party may utilize
as part of its evidence the testimony of a witness who is deceased, out of or can not with due
diligence be found in the Philippines, unavailable, or otherwise unable to testify, given in another
case or proceeding, judicial or administrative, involving the same parties and subject matter, the
adverse party having the opportunity to cross-examine him.

(g) To have compulsory process issued to secure the attendance of witnesses and production of
other evidence in his behalf.

(h) To have speedy, impartial and public trial.

(i) To appeal in all cases allowed and in the manner prescribed by law.

What are the rights of an accuse which maybe waved

What are the rights of an accuse which cannot be waved
“Section 12. (1) Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence of
counsel.