Qe major 2

• Classical School – People have free will to choose on how to act
• Classical School – it ignores the possibility of irrationality and unconscious drives as motivational factors.
• Classical School – came about at a time when major reform in penology occurred
• Classical School – The swifter and more certain the punishment, the more effective it is in deterring criminal behavior.
• Classical School – This time period saw many legal reforms, the French Revolution,
• Positivist School – presumes that criminal behaviour is caused by internal and external factor outside of the individual control.
• Positivist School – The scientific method was introduced and applied to study human behavior.
• Positivist School – Positivism can be broken up into three segments which include biological, psychological, and social positivism
• Chicago School – sociologists adopted a social ecology approach to studying cities
• Chicago School – This results in social disorganization which reduces the ability of these institutions to control behavior and creates an environment ripe for deviant behavior.
• Criminal Law – is defined as that branch of public law which defines crimes ,treats of their nature provides for their punishment
• It is General in Application – the provision of the criminal or penal law must be applied equality to all person within the territory irrespective of sex , race , nationality and other personal circumstances
• It is territorial in character – As of the part of the right of a state self preservation , each independent country has the right to promulgate law enforceable with in territorial jurisdiction
• It must be in application –an act describe a crime is a crime no matter who committed it
• It must be prospective –no person can be punished for his act at the time he did it is not punishable by law
• It is specific and definite – criminal law must give a strict definition of specific act which constitutes the crime
• Crime – as an act of committed or omitted violation of public law .
• Felony – is an act or omission that is punishable by the Revised Penal Code.
• Dolo or deceit – when the act was done with deliberate intent Ex murder
• Culpa or fault – when the wrongful act results from imprudence , negligence , lack of foresight or lack of skill
• Classical School – Deterrence is based upon the utilitarian ontological notion of the human being a hedonist who seeks pleasure and avoids pain