QUIZ 2

69問 • 1年前

問題一覧

is a reasoning that takes beyond what we know (our current evidence or information) to conclusions about what we don't know.

INDUCTIVE REASONING

is based on specific pieces of evidence to establish a proof that the suspect is guilty.

DEDUCTIVE REASONING

Kinds of Criminal Investigation in General

INVESTIGATION WHILE THE SUSPECT UNDER ARREST AND DETENTION, INVESTIGATION WHILE THE SUSPECT IS AT LARGE

Phases of Criminal Investigation

IDENTIFY THE SUSPECT, LOCATE AND APPREHEND THE SUSPECT, TO PROVIDE EVIDENCE OF HIS GUILT

Goals of Criminal Invetsigation

TO DETERMINE WHETHER THE CRIME HAS BEEN COMMITTED, TO LEGALLY OBTAIN INFORMATION OR EVIDENCE, TO IDENTIFY THE PERSONS INVOLVED, TO ARREST THE SUSPECTS, TO RECOVER STOLEN PROPERTIES, TO PRESENT THE BEST POSSIBLE CASE TO THE PROSECUTOR

Modes of Investigation

REACTIVE MODE OF INVESTIGATION, PROACTIVE MODE OF INVESTIGATION

addresses crimes that already happened or occured.

REACTIVE MODE OF INVESTIGATION

identifies and arrest suspects before crime will happen.

PROACTIVE MODE OF INVESTIGATION

Criminal Investigation as a process

TO DETERMINE WHETHER THE CRIME HAS BEEN COMMITTED, TO IDENTIFY PERSONS INVOLVED, TO ARREST SUSPECTS, TO PRESENT BEST POSSIBLE CASE TO THE PROSECUTOR

ELEMENTS OF CRIMINAL INVESTIGATION

FIRST ELEMENT: RECOGNITION OR IDENTIFICATION, SECOND ELEMENT: COLLECTION, THIRD ELEMENT: PRESERVATION, FOURTH ELEMENT: EVALUATION, FIFTH ELEMENT: PRESENTATION

It involves the efforts of identifying data, including physical things that may provide relevant information regarding the criminal case being investigated.

FIRST ELEMENT: RECOGNITION OR IDENTIFICATION

It refers to the act of gathering those identified data or facts, or physical things that are significant to the case under investigation.

SECOND ELEMENT: COLLECTION

It is a function that is almost simultaneously performed during the collection stage. It includes the act of keeping the collected pieces of evidence in their true and original form, preventing contamination or destruction of its substantive value.

THIRD ELEMENT: PRESERVATION

It refers to the process of determining the probative value of the evidence.

FOURTH ELEMENT: EVALUATION

It refers to the strength of the evidence or its worth/weight in successfully establishing a proof that a crime has in fact committed and that suspects/accused is one who is responsible for it.

PROBABLE VALUE

It is primarily manifested inside the courtroom.

FIFTH ELEMENT: PRESENTATION

Cardinal Points in Criminal Investigation

WHO, WHAT, WHERE, WHEN, WHY, HOW

These are questions used to inquire on the identity of the victims or offended party, name of suspect, accomplices, accessories and witnesses of the crime.

WHO QUESTIONS

The purpose of these types of questions is to find out what happened or what took place before, during and immediately after the commission of the offense.

WHAT QUESTIONS

These are questions that localize the place of the incident-the city or town, the district or barangay, the street or road, the number of the house or building. These questions are necessary in pinpointing the particular location of the crime scene.

WHERE QUESTIONS

These are questions needed to determine and fix the time, day, month and year when the crime was committed.

WHEN QUESTIONS

These are questions that endeavor to ascertain the motives, causes, antecedents, previous, incidents, related facts. background occurrences that might help explain the commission of the offense.

WHY QUESTIONS

These are designed to help the investigator determine how the crime was committed, the means/tools that are employed, how the crime was discovered, how the culprit enters the building/room.

HOW QUESTIONS

is a series of similarities that may link particular cases or indicate that the same person is committing a series of crime.

PATTERN

are clues or pieces of information that aid in the process of an investgation.

LEAD

are specifically refer to leads provided by the citizens that aid in the progress of an investigation.

TIPS

pertains to beliefs or based on the evidence, patterns, leads, tips and other information developed and uncover in the case.

THEORIES

GOLDEN RULE IN CRIMINAL INVESTIGATION

NEVER TOUCH ALTER, MOVE, OR TRANSFER ANY OBJECT UNLESS IT IS PROPERLY MARKED, MEASURED, SKETCHED, OR PHOTOGRAPHED

The purpose of this rule is to avoid the mutilation, alteration, and containation (MAC) of the physical evidences found at the crime scene.

GOLDEN RULE OF CRIMINAL INVESTIGATION

METHODS OF RECORDING INVESTIGATION

PHOTOGRAPHS, SKETCHING CRIME SCENE, WRITTEN NOTES, DEVELOPING AND LIFTING FINGERPRINTS FOUND AT THE CRIME SCENE, GATHERING PHYSICAL EVIDENCE, PLASTER CAST, TAPE RECORDING OF SOUNDS, VIDEO RECORDING OF OBJECTS, WRITTEN STATEMENT OF SUBJECT AND WITNESSES

Tools in Criminal Investigation

INFORMATION, INTERVIEW OR INTERROGATION, INSTRUMENTATION

It refers to the knowledge or facts which the investigator had gathered or acquired from persons or documents which are pertinent or relevant concerning the commission of the crime or criminal activities.

INFORMATION

Types of sources of information

REGULAR SOURCE, CULTIVATED SOURCE, GRAPEVINE SOURCE

Records, files from the government or non- government agencies, news items. The bulk of the applications of this nature are news items.

REGULAR SOURCE

Information furnished by informants and informers.

CULTIVATED SOURCE

Information disclosed by the underworld characters such as prisoners or ex-convicts.

GRAPEVINE SOURCE

refers to a person who conducts interview

INTERVIEWER

refers to a person being interviewed.

INTERVIEWEE

refers to a person who performs skillful questioning of hostile subject for purposes of obtaining confession or admission.

INTERROGATOR

points to the subject of interrogation wether a suspect or a victim.

INTERROGEE

THE RIGHT PRINCIPLE IN INTERVIEW & INTERROGATION

THE RIGHT PERSON ASKING THE RIGHT QUESTION TO THE PERSON AT THE RIGHT PLACE AND AT THE RIGHT TIME WILL GET THE RIGHT ANSWER

General Kinds of Interview

COGNITIVE INTERVIEW, QUESTION AND ANSWER

It is conducted to willing and cooperative witnessess, where they are given the full opportunity to narrate their accounts without intervention, interruption and interference form the interviewer.

COGNITIVE INTERVIEW

This interview as practiced by some investigators requires the interviewee to answer the question posed by the investigator.

QUESTION AND ANSWER

GOLDEN RULE IN INTERVIEW

NEVER ALLOW THE INTERVIEWER TO CONDUCT NOR LET ANYONE TO CONDUCT AN INTERVIEW WITHOUT PRIOR VISIT TO THE CRIME SCENE

PHASES OF INTERVIEW

PREPARATION, APPROACH, WARMING-UP, COGNITIVE INTERVIEW

RULES IN QUESTIONING

ONE QUESTION AT A TIME, AVOID IMPLIED ANSWER, SIMPLICITY OF QUESTION, SAVING FACE, YES AND NO ANSWER

Qualities of a Good Interviewer

RAPPORT, FORCEFUL PERSONALITY, KNOWLEDGE OF PSYCHIATRY/PSYCHOLOGY, CONVERSATIONAL TONE OF VOICE, ACTING QUALITY, HUMILITY

It refers to any person associated to the commission of a crime.

SUSPECT

refer to any person whose guilt is considered on reasonable ground to be a practical possibility.

SUSPECT

any person who has knowledge about the crime committed which he/she have observe deliberately or accidentally through any of his/her senses.

WITNESS

He maybe a victim, complainant, an accuser, a source of information, and an observer of the occurence, a scientific specialist who has examined physical evidence or a custodian of official document.

WITNESS

Why witness refuse to talk

FEAR OF REPRISAL, GREAT INCONVENIENCE, HATRED AGAINST THE POLICE, BECAUSE OF BIAS OF WITNESS, OVOIDANCE OF PUBLICITY, FAMILY RESTRICTION

TYPES OF WITNESSES

KNOW NOTHING TYPE, DISINTERESTED TYPE, THE DRUNKEN TYPE, TALKATIVE TYPE, HONEST WITNESS, DECIET WITNESS, TIMID WITNESS, REFUSAL TO TALK WITNESS

This is a reluctant type of witness. This is found among the uneducated and of low level of intelligence.

KNOW NOTHING TYPE

The refers to uncooperative and indifferent subject. To deal with them is to findout their field of interest so that they will talk.

DISINTERESTED WITNESS

The style of questioning by the investigator should be adapted to the psychology of the subject.

KNOWLEDGE OF PSYCHIATRY/PSYCHOLOGY

This is a witness who is prone to exaggerate, adding irrelevant or new matters to their narration.

TALKATIVE WITNESS

This is the truthful and cooperative witness where investigator could rely upon, with little or no problem in handling them.

HONEST WITNESS

This is a liar type of witness.

DECEITFUL WITNESS

This is a shy witness.

TIMID WITNESS

This is the most diffucult type to deal with.

REFUSSAL TO TALK WITNESS

It is the direct acknowledgement of guilt.

CONFESSION

is a confession that is made by the suspect during custodial investigation or those confessions that are made outside of the Court.

EXTRA JUDICIAL CONFESSION

TYPE OF EXTRA JUDICIAL CONFESSION

VOLUNTARY, INVOLUNTARY EXTRA JUDICIAL CONFESSION

Is when the accused speaks of his freee will and accord, without inducement of any kind, with a full and complete koiwledge of the nature and consequence of the confession.

VOLUNTARY EXTRA JUDICIAL CONFESSION

This confession obtained through force, threat, intimidation, duress or anything influencing the voluntary act of the confessor.

INVOLUNTARY EXTRA JUDICIAL CONFESSION

This confession is made by the accused in open court.

JUDICIAL CONFESSION

It is an act or statement which misleads, hides the truth , or promotes a belief, concept, or idea that is not true. It is often done for personal gain or advantage.

DECEPTION

CLJ1 FINALS

Adrian Ramirez · 95問 · 2年前

CLJ1 FINALS