問題一覧
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refers to any act considered a wrong or that violates the standard norm of the society.
crime
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means that there must be an overt bodily movement.
act
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meaning it can be seen or observed.
overt
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The act committed is ______ such that the act performed injuries or otherwise deprive the individual of either their lives (killing a person) or property (stealing something)
wrong
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The act _________ the standard norm meaning the society itself considered the act as a crime.
violates
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defined as the system of rule embodied by different principles that bind the practice or action concerning human conduct.
law
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Philippines, laws are made by those who are in authority as set and provided by t
1987 Philippine constitution
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crime can be committed either:
act or omission
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these are crimes that violate the Revised Penal Code
felony
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these are acts which were define as crime s a result of the Special Law enacted by legislatures
offense
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these are minor violations or infractions not tantamount to serious injuries or damages.
misdemeanor
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the obligation of a person for the charges as a result of his criminal act.
criminal responsibility
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Refers to someone who is not yet in their puberty stage.
minor/child/children
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Refers to those individuals whose minds are in the state of sickness or ill.
lunatics
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refers to the knowledge, nature and implication of the different crimes that investigator should know and possess.
substantive criminal investigation
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refers to the knowledge regarding the rules on how pieces of physical evidence should be processed in order to maintain the integrity during the presentation and be given credit by the court.
procedural criminal investigation
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refers to any material or substance which is found in the crime scene and has a logical connection to the offense charged and which aid the instigator in solving the case.
physical evidence
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is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.
evidence
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It also plays a vital role in the determination of guilt of the accused who is referred to as the person brought before the court of law for trial.
evidence
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If it has a logical connection to the fact in issue brought before the court.
relevant
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When it does not violate any procedural requirement during the gathering or collection of such evidence (shabu seized with warrant is a competent evidence)
competent
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Three General Classifications of Evidence
object evidence testimony evidence document evidence
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an evidence which by its nature can be brought before the court as these are the actual materials that are recovered from the crime scene these are also evidence which directly addresses the senses of the court.
object evidence
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an evidence offered in the form of testimony either by an eyewitness in the commission of the crime or those who have knowledge regarding its commission.
testimonial evidence
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these are evidences in document form which includes come electronic evidence such as text messages, chat messages, electronic mail and some other evidence which are printable.
document evidence
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Other Classes of Evidence
direct evidence circumstantial evidence/known as indirect evidence corroborative evidence commulative evidence positive evidence negative evidence prima facie evidence rebuttal evidence
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Directly proves the case under investigation
direct evidence
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Combinations of different events which if combine may produce a conviction.
circumstantial evidence
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additional evidence of a different kind or character but tending to prove the same point.
corroborative evidence
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additional evidence of the same kind bearing on the same point
cumulative evidence
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An evidence offered by a witness in which he clearly manifest that an event or scenario exist or did not exist
positive evidence
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An evidence offered by a witness which he is not certain as to whether an event or scenario exist or did not exist
negative evidence
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An evidence offered which may produce a conviction if no rebuttal evidence can be shown
prima facie evidence
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An evidence offered to contradict an evidence previously offered.
rebuttal evidence
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Is defined as art and science oriented toward identifying perpetrator/s, launching operations to locate his/their whereabouts and gathering of evidence to prove their guilt during criminal proceeding.
criminal investigation
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refers to the person suspected to have committed as act which is defined by law and crimes and whose identity is unknown to the police.
perpetrator
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Stages in Criminal investigation
identify perpetrator/s locate his/their whereabouts provide evidence needed for his conviction
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qualities of an effective investigator
good communication active listener critical thinking work under pressure innovativeness integrity knowledge about rules of evidence
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approaches in criminal investigation
inductive approach deductive approach
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This approach follows a sequence form specific to general such that investigator will look first at the pieces of evidence before concluding as to what crime is committed.
inductive approach
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This approach is contrary to the former as this starts from general to specific such that investigators will first start looking at the body of the crime (corpus delicti) before proceeding with the individual evidences as to how the crime was committed.
deductive approach
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What happens if investigator fails to accomplish all those enumerated?
there is now great tendency that the case will be dismissed
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refers to those evidence which by its nature is false, altered or otherwise questionable in its existence or production.
tampered evidence
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refers to the transfer of evidence from one person who holds supervision or care of such evidence to another from the time it was gathered at the crime scene up to the time it will be presented in court
chain of custody
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refers to the ways and means employed to uncover the personality of the person who may have committed an act in which under the existing law is regarded as a crime.
method of identification
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through an eye- witness or person who have seen the perpetrator in the actual commission of the crime or his presence was seen in the crime scene
identification by witness
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The identity of the perpetrator is established through collection of physical evidence that has a logical connection to the case which could either be associative or tracing evidence.
identification by physical evidence
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these are material/s owned and can be linked to the perpetrator which by some instance was left at the crime scene.
associative evidence
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these are material/s taken by the perpetrator at the crime scene and most commonly found in theft or robbery cases.
tracing evidence
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This method is done through the aid of the expertise of different forensic services such as DNA, fingerprint, Odontology and the like.
identification through forensic science
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defined as any person who have seen or knowledge regarding the commission of the crime.
witness
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refers to any person who is brought before trial to offer testimony in favor for the prosecution and used to add incriminatory evidence to the accused.
prosecution witness
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refers to any person who is brought before trial to strengthen the alibi of the defense and to disprove the charge of the prosecution.
defense witness
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refers to any person who offers a testimony in line with the character reputation of some other person which will then serve at some point as to whether or not the testimony of that person will be given credit or not.
character witness
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refers to any person who has seen the actual commission of the crime either whole or only part of its commission.
eyewitness
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these are those witnesses who by reason of some mental faculty are unable to provide an accurate detail regarding the crime which is typically common among uneducated individual.
dumb witness
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these are those persons who are afraid of being involved in the prosecution of the accused or imply shy to face the open court.
fearful witness
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these are those witnesses who are uncooperative and do not wish to provide information necessary for the prosecution of the case.
hostile witness
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these are those witnesses who cooperate and avoid exaggeration or falsehood in providing testimonies concerning the crime.
honest witness
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refers to witness who is prone to exaggeration of the thing he had observed and may attempt to add facts which are not part of the real scenario
egocentric witness
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are individual witnesses who are doubtful about the true intention of the investigators or the police as a whole.
suspicious witness
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the RRC further classify witness as either:
ordinary witness expert witness
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are those witness who by reason of their knowledge, skills, training or experience may be allowed by the court to give their opinion.
expert witness
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it means statements made by the person who does not witness the actual commission of the crime
hearsay
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are those which are purely fictitious and are invented only
false statement
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refers to the information gathers specially to those who are within the immediate area
investigative leads
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piece of signs and traces
clues
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Refers to the body of the crime or the fact that the crime was committed.
corpus delicti
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defined as any person who can perceive, capable of perceiving and can make known his perception to others.
Witness
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Questioning of all people present at crime scene
field inquiry