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Nurses and crimes

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  • 1. Law Private Public Contract Torts Unintertional Intentional Negligence/Malpractice Assault Battery False Imprisonment Defamation Libel Slander Felony Criminal law Misdemeanor
  • 2. Felony  an act or omission punishable by law A serious kind of crime Committed not only by means of deceit(dolo) but by means of fault
  • 3. Elements of Felonies There must be an “act” or “omission” The act or omission should be punishable by law The act is performed or the omission incurred by means of dolo or culpa
  • 4. Principal -direct participation - by inducement - by indispensable cooperation  Accomplice – accessory before the fact Accessory – accessory after the fact -profiting themselves or assisting others to profit -concealing, destroying body of the crime, effects, instruments to prevent its discovery -harboring concealing, assisting the escape of the principal Persons criminally liable
  • 5. Classification of felonies accg to execution Consummated Frustrated Attempted  conspiracy – two or more person agreed and committed the felony; a means by which another person is held liable for the commission of a crime; each criminal is responsible for the acts of his associates provided such act is a result of a common plan.  proposal - a person who decided to commit a felony proposes its execution to another
  • 6. Classification of felonies accg to the degree of punishment Grave Felonies 6 yrs & 1 day –life imprisonment fine not exceeding P6,000 Less grave Felonies 1 month & 1 day -6 yrs imprisonment fine not exceeding P6,000 but not less than P200 Light Felonies Punishable only when consumated 1 day to 30 days
  • 7. Circumstances affecting criminal liability Justifying Exempting Mitigating Aggravating Alternating
  • 8. Justifying Circumstances Free from criminal and civil liability Self defense Defense of relatives – up to 4th degree of cosanguinity Defense of a stranger not induced by resentment, revenge or other evil motive Who acts in the fulfillment of duty Who acts in obedience to an order for some lawful purposes
  • 9. Presence of unlawful aggression lack of sufficient provocation on the person defending himself reasonable necessity of the means employed to prevent /repel it
  • 10. . Exempting – no criminal liability only civil liability mistake of fact An insane or imbecile unless acted during lucid interval Under 9 years of age Over 9 under 15, unless acted with discernment While performing a lawful act w/ due care causes an injury by mere accident without fault or intention of doing it Who acted under the compulsion of an irresistible force from a third person Impulse of uncontrollable fear Insuperable or lawful cause
  • 11. Mitigating  Under 18 or over 70  No intention to commit so grave a wrong  Sufficient provocation or threat on the part of the offended party immediately preceded the act  Voluntary surrender  Deaf, dumb or blind or suffering from physical defect  Such illness that would diminish the exercise of his will power
  • 12. Justiying vs. Exempting circumstances Justifying Circumstances Exempting Circumstances 1. It affects the act not the actor 1. It affects the actor not the act 2. The act is considered to have been done within the bounds of law; hence, legitimate and lawful in the eyes of the law 2. The act complained of is actually wrongful, but of the actor is not liable 3. There is no crime 3. There is crime but no dolo and culpa 4. No criminal or civil liability 4. There is criminal liability
  • 13. Aggravating  Advantage of public position  In contempt or insult to public authorities  Abuse of confidence or obvious ungratefulness  Committed on occasion of epidemic, conflagration, shipwreck or other calamity or misfortune  In consideration of a price or reward or promise  Committed by means of fire, explosion, stranding of a vessel with evident premeditation  craft, fraud or disguise
  • 14. Alternating ( either mitigating or aggravating) relationship, intoxication, degree of education
  • 15. Crimes against persons 1. parricide – ascendants, descendants (legitimate of illegitimate), spouse 2. murder – with intent to kill 3. homicide – without intent to kill 4. infanticide - less than 3 days of age 5. child abuse - any form of cruelty to a child’s moral or metal well being or any form of sexual attack w/c may or may not amount to rape.
  • 16. 7. abused/neglected child – suffering from serious physical or emotional injuries inflicted on them including malnutrition
  • 17. 8. sexual harassment – words, gestures actions w/c tend to annoy and verbally abuse another person 9. simulation of birth – crime against status by substitution of one child with another; concealing or abandoning any legitimate child with intent to lose civil status
  • 18. 10. misdemeanor – use to express every offense inferior to felony and punishable by indictment or by particular prescribed proceedings.
  • 19. Performing a procedure on a client in the absence of informed consent can lead to which of the following charges? a) fraud b) Harassment c) Battery d) breach of confidentiality
  • 20. The nursing staff is sitting in the lounge taking their morning break. A nurse assistant tells the group that she hear that the unit security has acquired immunodeficiency syndrome (AIDS). The nursing assisting proceeds to tell the nursing staff that the secretary contracted the disease from her husband, who is supposedly a drug addict. Which legal tort has the nursing assistant violated? a) slander b) Libel c) assault d) negligence
  • 21. A 16 year old male robbed a bank killing two (2) security guards with his unlicensed gun. Which concept on crimes will be most applicable to this case? a) consummated, grave felony, exempting circumstances b) consummated, less grave felony, mitigating circumstance c) grave felony, consummated, mitigating circumstances d) less grave felony, consummated, exempting circumstance