Criminal Liabilities.jj

8/6/2019 Criminal Liabilities.jj

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Professional AdjustmentProfessional Adjustment

Joel John A.Joel John A. DelaDela Merced, RN, CRNMerced, RN, CRN


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NURSINGNURSING

JURISPRUDENCEJURISPRUDENCE


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PARTIES TO A CASEPARTIES TO A CASE

Complainant VS DefendantComplainant VS Defendant

Plaintiff VS AccusedPlaintiff VS Accused

WitnessWitness


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STATUTE OF LIMITATIONSSTATUTE OF LIMITATIONS

Refers to the lengthRefers to the length

of time following theof time following theevent during whichevent during which

the plaintiff may file athe plaintiff may file a

suit.suit.


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WRITTEN ORDERS OFWRITTEN ORDERS OF

COURTCOURT

WRITWRIT-- legal notes from courtlegal notes from court

SUBPOENASUBPOENA

DucesDuces tecumtecum bring documents,bring documents,

objects, materials, chart to courtobjects, materials, chart to court

AdAd testificandumtestificandum testify as witness attestify as witness at

a specified time and placea specified time and place

SUMMONSUMMON-- to appear in court to answerto appear in court to answer

a complaint made against him.a complaint made against him.


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WARRANTWARRANT-- aa writing from awriting from acompetent authority in pursuance ofcompetent authority in pursuance of

law, directing the doing of an actlaw, directing the doing of an act

addressed to a person competent toaddressed to a person competent to

do itdo it

Warrant ofWarrant of arrestarrest

SearchSearch warrantwarrant


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PROFESSIONALPROFESSIONAL

NEGLIGENCENEGLIGENCE

NegligenceNegligence failure to dofailure to do

something which a reasonable &something which a reasonable &

prudent person should haveprudent person should have

done.done.

2 types:2 types:

1. Commission1. Commission

2. Omission2. Omission


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ELEMENTS OFELEMENTS OF

PROFESSIONALPROFESSIONAL

NEGLIGENCENEGLIGENCE 4DS4DS

DDuty for nurseuty for nurse

DDerelictionereliction

DDamages as resultamages as result

DDirect resultirect result


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3.3. FORCE MAJEUREFORCE MAJEURE

-- Irresistible force; unforeseen orIrresistible force; unforeseen orinevitable eventinevitable event

INCOMPETENCEINCOMPETENCE:: lack of ability,lack of ability,

legal qualifications or fitness tolegal qualifications or fitness to

discharge the required dutydischarge the required duty


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ELEMENTS OFELEMENTS OF

MALPRACTICEMALPRACTICE

DDuty of the nurseuty of the nurse

DDerelictionereliction

DDirect resultirect result

DDamagesamages

EExceeds the limits of thexceeds the limits of thestandards of carestandards of care

FForeseabilityoreseability of harmof harm


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2. Intentional2. Intentional-- the act was done onthe act was done onpurpose or with intentpurpose or with intent

A.A. ASSAULT AND BATTERYASSAULT AND BATTERY

ASSAULTASSAULT-- an attempt or threat toan attempt or threat totouch another persontouch another personunjustifiably; mental orunjustifiably; mental orphysical threatphysical threat


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BATTERYBATTERY-- physical harm throughphysical harm throughwillful touching of person or clothingwillful touching of person or clothingwithout consent.without consent.

2.2. FALSE IMPRISONMENTFALSE IMPRISONMENT

-- Unjustifiable detention of a personUnjustifiable detention of a personwithout a legal warrantwithout a legal warrant


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3.3. INVASION OF PRIVACYINVASION OF PRIVACY

Right to privacy is the right to beRight to privacy is the right to be

left aloneleft alone

Right to be free from unwarrantedRight to be free from unwarranted

publicitypublicity

Exposure to public viewExposure to public view

PRIVILEGEDPRIVILEGED COMMUNICATIONCOMMUNICATION


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Exceptions:Exceptions: ConfidentialConfidentialinformation can be revealed!information can be revealed!

PPt. consent, if there ist. consent, if there is

IInform HCT for precautionarynform HCT for precautionary

measuresmeasuresCCrimes, child abuse,rimes, child abuse,

CCommunicable diseaseommunicable disease-- R.A.R.A.3573

(Law on3573

(Law on NotifiableNotifiableDiseases)Diseases)

EEthicsthics


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4.4. DEFAMATIONDEFAMATION

Character assassinationCharacter assassination

TYPES:TYPES: SlanderSlander--oral defamationoral defamation

LibelLibel--written wordswritten words


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CRIMES & OTHER ACTSCRIMES & OTHER ACTS

CRIME: An act committed or omittedCRIME: An act committed or omitted

in violation of the lawin violation of the law

Two elements:Two elements:

Criminal actCriminal act

Evil/criminal intentEvil/criminal intent

Criminal ActionsCriminal Actions

Acts or offenses against public welfareActs or offenses against public welfare MisdemeanorMisdemeanor-- offenses or acts lessoffenses or acts less

than a felonythan a felony

FelonyFelony-- a public offense committed witha public offense committed with

deceit and faultdeceit and fault


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CLASSIFICATIONCLASSIFICATION1. Manner of commission:1. Manner of commission:

Deceit (Deceit (dolodolo) with criminal) with criminal

intentintent

Fault (culpa) without;Fault (culpa) without;

negligencenegligence


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2. Stages of Execution2. Stages of Execution

1. Consummated1. Consummated all elementsall elementsexecuted, withexecuted, with

successful resultsuccessful result

2. Frustrated2. Frustrated all elementsall elements

executed but noexecuted but no


3. Attempted3. Attempted not all elementsnot all elements

executed, noexecuted, no



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With intent to kill a fourWith intent to kill a four

year old boy underyear old boy underher care, a nannyher care, a nanny

prepared a bowl ofprepared a bowl of

cereals and laced withcereals and laced with

poison sufficient, ifpoison sufficient, if

substantial amount issubstantial amount istaken to kill the boy.taken to kill the boy.


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3. Degree of penalty and fine3. Degree of penalty and fine

gravegrave CapitalCapitalpunishment orpunishment or

>>6yrs & 1 day6yrs & 1 day

above P6kabove P6k

LessLessgravegrave

1 month and 11 month and 1

day to 6 yearsday to 6 years

not > P 6 Knot > P 6 K

but notbut not

P 200P 200


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4. Degree of participation4. Degree of participation

PRINCIPALPRINCIPAL

Primary authorPrimary author

a. By direct participationa. By direct participation-- doer ofdoer of

the actthe act

b. By inducementb. By inducement--directly force ordirectly force or

induce othersinduce others

c. By cooperationc. By cooperation-- indispensableindispensable

ACCOMPLICEACCOMPLICE

A person whoA person who

cooperatescooperates

cooperates before the factcooperates before the fact--

absent at the time crime isabsent at the time crime is

committed.committed.

ACCESSORYACCESSORY cooperates after the factcooperates after the fact

PProfitsrofits

CConceals/ destroys evidenceonceals/ destroys evidence

AAssists in the escape of thessists in the escape of the

principalprincipal


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CircumstancesCircumstancesaffecting criminalaffecting criminal

liabilityliability

JJ--EE--MM--AA--AA


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JUSTIFYINGJUSTIFYING SelfSelf--defensedefense

DefenseDefense of relativesof relatives

DefenseDefense of strangersof strangers

Avoidance of great evil or injuryAvoidance of great evil or injury

FulfillmentFulfillment of duty, or lawfulof duty, or lawful

exercise of right or officeexercise of right or office

Obedience to a lawful orderObedience to a lawful order


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MITIGATINGMITIGATING Surrender or confession of guiltSurrender or confession of guilt

Physical defectPhysical defect

Illness of the offenderIllness of the offender

Similar and analogousSimilar and analogous

circumstancescircumstances


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AGGRAVATINGAGGRAVATING Taking advantage of public positionTaking advantage of public position

Contempt or insult to public authoritiesContempt or insult to public authorities

Disregard of rank, age or sexDisregard of rank, age or sex

Dwelling of the offended partyDwelling of the offended party

Abuse of confidenceAbuse of confidence

Palace of the chief executivePalace of the chief executive

In the presence of the chief executiveIn the presence of the chief executive Where public authorities are engaged inWhere public authorities are engaged in

the discharge of their dutiesthe discharge of their duties


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Inundation, fire, poison, explosionInundation, fire, poison, explosion

Evident premeditationEvident premeditation

Craft, fraud or disguiseCraft, fraud or disguise

Superior strengthSuperior strength

Means to weakenMeans to weaken defensedefense

TreacheryTreachery

IgnominyIgnominy

Unlawful entryUnlawful entry

Breaking of wallBreaking of wall

With aid of minors or by means ofWith aid of minors or by means of

motor vehiclesmotor vehicles

CrueltyCruelty


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ALTERNATIVEALTERNATIVE

May increase/ decreaseMay increase/ decrease

criminal liability depending oncriminal liability depending on

the nature and effects of thethe nature and effects of the

crimecrime

RRelationshipelationship

IIntoxicationntoxicationDDegree of instruction/egree of instruction/

educationeducation


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DRILLSDRILLS

1. Under compulsion of1. Under compulsion of

uncontrollable forceuncontrollable force

2. There is sufficient2. There is sufficientprovocationprovocation

3. Act is committed with abuse3. Act is committed with abuse

of confidenceof confidence

4. Fulfillment of a duty4. Fulfillment of a duty

5. Offender is over 70 years old5. Offender is over 70 years old


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6. Voluntary surrender6. Voluntary surrender

7. Disguise in being employed7. Disguise in being employed

8. Defense of a stranger8. Defense of a stranger9. Acts under the impulse of an9. Acts under the impulse of an

uncontrollable fearuncontrollable fear

10. Offender is insane10. Offender is insane


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MORAL TURPITUDEMORAL TURPITUDE Are acts contrary to the acceptedAre acts contrary to the accepted

and customary rule of rightand customary rule of right

1. Rape:1. Rape:

a.) Ordinary rapea.) Ordinary rape forcible penetration offorcible penetration ofsex organ to a sex organsex organ to a sex organb.) Sexual assaultb.) Sexual assault anything forciblyanything forciblyinserted to any orifice.inserted to any orifice.

InterventionIntervention

SSafetyafety

RReport the incidenceeport the incidence

RReferraleferral


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ANTIANTI-- RAPE LAWRAPE LAW (RA 8353)(RA 8353)

R.A. 7877 Anti-sexual Harassment Act


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2.MURDER2.MURDER-- killing of another with intentkilling of another with intent

3. HOMICIDE3. HOMICIDE-- unintentional killing of anotherunintentional killing of anotherpersonperson

4. PARRICIDE4. PARRICIDE

Killing of a person to whom you have aKilling of a person to whom you have arelationshiprelationship

1. father1. father2. mother2. mother

3. brothers/sisters3. brothers/sisters

4. ascendants4. ascendants

5. descendants5. descendants6. spouse6. spouse


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5. ABORTION5. ABORTION-- termination of producttermination of product

of conception before the age ofof conception before the age ofviability.viability.

6. INFANTICIDE6. INFANTICIDE

-- the killing of an infant less thanthe killing of an infant less than

three days or 72 hours.three days or 72 hours.


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8. THEFT8. THEFT-- --anyone who gets theanyone who gets the

personal property of another withoutpersonal property of another without

the latters permission.the latters permission.

7. ROBBERY7. ROBBERY

-- Anyone whoAnyone who

gets thegets thepersonalpersonal

property ofproperty of

another with theanother with the

use ofuse offorce,violence orforce,violence or

intimidation.intimidation.


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9. SIMULATION OF BIRTH9. SIMULATION OF BIRTH

1. Pretend that a woman gave birth1. Pretend that a woman gave birth2. Substitution or exchanging of babies2. Substitution or exchanging of babies

in the nurseryin the nursery

3. Intentionally putting wrong3. Intentionally putting wrong

information in the birth registrationinformation in the birth registrationformform

P.D. 651P.D. 651 Birth Registration ActBirth Registration Act


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THE HUMAN BODYTHE HUMAN BODYIt takes your food seven seconds to get from your mouthIt takes your food seven seconds to get from your mouthto your stomach.to your stomach.

One human hair can support 3 kg (6.6 lb).One human hair can support 3 kg (6.6 lb).

The average man's penis is three times the length of hisThe average man's penis is three times the length of histhumb.thumb.

Human thighbones are stronger than concrete.Human thighbones are stronger than concrete.

A woman's heart beats faster than a man's.A woman's heart beats faster than a man's.

There are about one trillion bacteria on each of your feet.There are about one trillion bacteria on each of your feet.

Women blink twice as often as men.Women blink twice as often as men.

The average person's skin weighs twice as much as theThe average person's skin weighs twice as much as thebrain.brain.

Your body uses 300 muscles to balance itself when youYour body uses 300 muscles to balance itself when youare standing still.are standing still.

If saliva cannot dissolve something, you cannot taste it.If saliva cannot dissolve something, you cannot taste it.

Women reading this will be finished now.Women reading this will be finished now.

Men are still busy checking their thumbs.Men are still busy checking their thumbs.


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The EndThe End

Thank you!!!!Thank you!!!!

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Criminal Liabilities.jj