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SPECIAL CRIME INVESTIGATION 2
  • Jerico Rosillo

  • 問題数 90 • 5/29/2024

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    問題一覧

  • 1

    Shall refer to any law enforcement personnel belonging to the duly mandated law enforcement agencies tasked to enforce Republic Act 9208 such as officers, investigators and agents of the Philippine National Police, National Bureau of Investigation, and Bureau of Immigration.

    Investigator/Officer

  • 2

    Refers to a person who is charged with the duty of carrying on the objectives of criminal investigation, to identify and locate the suspect and provide evidence of his guilt. It is also responsible for investigating crimes such as, Murder, homicides, assaults, and other incidents to implicate perpetrators. Collect evidence, interviews witnesses, and testifies in court.

    Criminal Investigator

  • 3

    Is a process of applying special equipment and special expertise; it needs once expertise and a particular special instrument. It is also deals with the study of major crimes based on the application of special investigative technique.

    Special Crime Investigation

  • 4

    A venue or place where the alleged crime/incident/event has been committed.

    Crime Scene

  • 5

    Is the collection of facts to accomplish a three-fol aim: a. To identify the suspect; b. To locate the suspect, and c. To provide evidence of his guilt. In the performance of his duties, the Investigator must seek to establish the six(6) cardinal points of Investigation, namely: 1. What specific offense has been committed; 2. How the offense was committed; 3. Who committed it; 4. Where the offense was committed; 5. When it was committed; and 6. Why it was committed.

    Investigation

  • 6

    Investigation conducted by law enforcement officers after a person has been arrested or deprived of his freedom of action. It includes invitation to a person who is being investigated in Connection with an offense.

    Custodial Investigation

  • 7

    A principle on the rights of a suspect from forced self- incrimination during police interrogation as enshrined in the 1987 Philippine Constitution's Bill of Rights. (Article III, Sec. 12)

    Miranda Doctrine

  • 8

    It is necessary for many crimes involving drugs, gangs and terrorism and multidisciplinary approach, multi jurisdictional investigation, metro crime teams and special investigation units.

    Combined Task Forces

  • 9

    The person responsible for and in charge of the investigation of a case.

    Case Officer

  • 10

    A definite target-specific activity conducted in relation to an intelligence project under which it is affected. Several case operations may fall under one intelligence project. Refers to a preparatory plan on how to carry out a case operation which is the last resort to pursue intelligence objectives when normal police operations fail.

    Case Operational Plan

  • 11

    Is a factor or circumstances sufficient to convince a person of normal intelligence that a suspect was probably involved in a specific crime.

    Probable Cause

  • 12

    Refers to a broad array of criminal offenses which usually involve bodily harm, the threat of bodily harm, or other actions committed against the will of an individual. Those involving bodily harm(or the threat thereof) include assault, battery, and domestic violence. Additionally, offenses such as harassment, kidnapping, and stalking also are considered crimes against the person.

    Crimes Against the Person

  • 13

    Any person who, not falling within the provisions of Art 246, shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances: Art 248 RPC

    Murder

  • 14

    Is the unlawful killing of any person which is not parricide or infanticide with any of the following circumstances is present.

    Murder

  • 15

    Any person who, not falling within the provisions of Art 246 of RPC shall kill another without the attendance of any circumstances enumerated shallbe deemed guilty of homicide and punished by reclusion temporal Art 249 RPC.

    Homicide

  • 16

    This is the unlawful killing of any person, which is neither parricide, murder nor infanticide. Intent to kill is conclusively presumed when death resulted; evidence of intent to kill is important only in attempted of frustrated homicide.

    Homicide

  • 17

    Is the death of a person brought about by a lawful act performed with proper care and skill and without homicidal intent.

    Accidental Homicide

  • 18

    In modern sense of the term, means the actual commission of the crime charged.

    Corpus delicti

  • 19

    Means that a crime was actually perpetrated, and does not refer to the body of the murdered person.

    Corpus delicti

  • 20

    Any person who shall kill his father, mother, his ascendants or descendants, or his spouse shall be guilty or parricide and shall be punished by the penalty ranging from reclusion perpetua to death.

    Parricide

  • 21

    Any person who shall assist another to commit suicide shall suffer the penalty of prison mayor, if such person lends his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusion temporal. However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods shall be imposed.

    Giving Assistance to Suicide

  • 22

    Commonly known as mercy-killing is the practice of painlessly putting to death a person suffering from one incurable decease. Euthanasia is not lending assistance to suicide. In euthanasia, the person killed does not want to die. A doctor who resorts to mercy-killing of his patient may liable for murder.

    Euthanasia

  • 23

    The penalty providing for parricide in art 248 shall be imposed upon any person who shall kill any child less than 3 days of age. (Art 255 RPC)

    Infanticide

  • 24

    As the killing of any child less than three days old of age, whether the killer is the parent or grandparent, any other relative of the child, or stranger.

    Infanticide

  • 25

    Willful killing of a fetus in the uterus or violent expulsion of the fetus from the maternal womb which results to the death of the fetus. It is also the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo before viability.

    Abortion

  • 26

    Any person who shall intentionally cause an abortion shall suffer: (Art 256 RPC)

    Intentional Abortion

  • 27

    This is the willful killing of the fetus in the uterus, or the violent expulsion of the fetus from maternal womb, which results in the death of the fetus.

    Intentional Abortion

  • 28

    The penalty shall be prison correctional in its minimum and medium periods shall be imposed upon any person who shall cause an abortion by violence, but unintentionally.

    Unintentional Abortion

  • 29

    Harm done to a child's psychological or intellectual functioning which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a combination of said behaviors which may be demonstrated by a change in behavior, emotional response or cognition.

    Physical Injury

  • 30

    The penalty of reclusion temporal or reclusion perpetua, shall be imposed upon any person who shall intentionally mutilate another by depriving him, either totally or partially, of some essential organ for reproductive. (Art. 262)

    Mutilation

  • 31

    Means the lopping or clipping off of some part of the body.

    Mutilation

  • 32

    The subsequent valid marriage between the offender and the offended party shall extinguish criminal action or the penalty imposed.

    Effect of Pardon

  • 33

    Any physical overt act manifesting resistance against the act of rape in any degree from the offended party, or where the offended party is so situated as to render her/him incapable of giving valid consent, may be accepted as evidence in the prosecution of the acts punished under article (Art 266 - A) (RA No.8353)

    Presumptions

  • 34

    Is any criminal act that destroys another's property, or that deprives an owner of property against the owner's will. The criminal law generally considers these crimes less serious than violent crimes, or crimes against person's, but they can still constitute very serious felony charges.

    Crimes against property

  • 35

    Is the taking of personal property belonging to another, with intent to gain, by means of violence against or, intimidation of any person, or use of force upon things.

    Robbery

  • 36

    The property taken must be personal property, for it real property is occupied or real right is usurped by means of violence against or intimidation of person, the crime is usurpation.

    Personal Property

  • 37

    The phrase "belonging to another" which means that the property taken does not belong to offender. The person from whom the personal property is taken need not be the owner. Possession of the is sufficient.

    Belonging to another

  • 38

    As an element of robbery, means depriving the offended party of ownership of the thing taken with the character of permanency.

    Taking

  • 39

    Intent to gain is presumed from the unlawful taking of personal property. The intent to gain, being an internal act, cannot be established by direct evidence, except in case of confession by the accused. It must therefore, be deduced from the circumstances surrounding the commission of the offense. As a general rule, however, the unlawful taking of personal property belonging to another involves intent to gain on the part of the offender.

    Intent to gain

  • 40

    The seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of person or force upon thing or other unlawful means, committed by any person on any Philippine Highway.

    Highway Robbery

  • 41

    Punishes "High grading" or Theft of Gold.

    Presidential Decree 581

  • 42

    Punishes the use of tampered water or electrical. meters to steal water or electricity.

    Presidential Decree 401

  • 43

    The crime of theft shall be punished by the penalties next higher by two degrees than those respectively specified in the next proceeding articles, if committed by domestic servants or with grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consist of coconut taken from the premises of the plantation or fish taken from a fishpond or fishery, or if the property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance.

    Qualified Theft

  • 44

    The taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means of violence against or intimidation of persons, or by using force upon things. (Sec 2. Republic Act No. 6539)

    Carnapping

  • 45

    Any person who is found guilty of carnapping, as this term is defined in Section two of this Act, shall, irrespective of the value of motor vehicle taken, be punished by imprisonment for non less than fourteen years and eight months and not more than seventeen years and four months, when the carnapping is committed without violence or intimidation of persons, or force upon things; and by imprisonment for not less than seventeen years and four months and not more than thirty years, when the carnapping is committed by means of violence against or intimidation of any person, or force upon things; and the penalty of life imprisonment to death shall be imposed when the owner, driver or occupant of the carnapped motor vehicle is killed in the commission of the carnapping. (Sec 14. Republic Act No. 6539)

    Penalty for Carnapping

  • 46

    A term which immediately conjures the images of a group of heavily armed and determined men and women holding up an airplane, ship, bus, van, or other vehicle in order to achieve their nefarious objectives.

    Hijacking

  • 47

    The taking away by any means, method or scheme, without the consent of the owner/raiser, of any of the animals (classified as large cattle) whether or not for profit or gain, or whether committed with or without violence against or intimidation of any person or force upon things. It includes the killing of large cattle; or taking its meat or hide without the consent of the owner/raiser.

    Cattle Rustling

  • 48

    The word "cattle" is defined as including horses, asses, mules, sheep, goats and swine.

    Cattle

  • 49

    The act of any person who, w/ intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell, or dispose of, or shall buy and sell, or in any other manner deal any article, item, object or anything of value w/c he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.

    Fencing

  • 50

    Includes any person, firm, association, corporation or partnership or other organization who/ which commit the act of fencing.

    Fence

  • 51

    Mere possession of any good, article, item, object, or anything of value w/c has been the subject of robbery or thievery shall be prima facie evidence of fencing.

    Presumption of Fencing

  • 52

    Malicious destruction of property by means of fire.

    Arson

  • 53

    Any person who burns or sets fire to the property of another; or to his own property under the circumstances which expose to danger the life or property of another.

    Arson

  • 54

    Is the unlawful damaging of another's property for the sake of causing damage due to hate, revenge, or other evil motive.

    Malicious Mischief

  • 55

    Any private individual shall kidnap or detain another, or any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death.

    Kidnapping and Serious Illegal Detention

  • 56

    Money, price, or consideration paid or demanded for redemption of a captured person/s that would release them from captivity.

    Ransom

  • 57

    The penalty of reclusion temporal shall be imposed upon any private individual who shall commit the crimes described in the next preceding article without the attendance of any circumstances enumerated therein. (Art 268 RPC)

    Slight Illegal Detention

  • 58

    The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, in any case other than those authorized by law, or without reasonable ground therefore, shall arrest or detained another for the purpose of delivering him to proper authorities. (Art. 269 RPC)

    Unlawful Arrest

  • 59

    Anti Trafficking in Persons Act of 2003

    RA 9208

  • 60

    The recruitment, transport, transfer, or harbouring, or receipt of persons with or without consent or knowledge, within or across national borders, by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of the person having control over another person for the purpose of exploitation or the prostitution of others forms of sexual exploitation, forced labor, or services, slavery, servitude or the removal or sale of organs.

    Trafficking in Persons

  • 61

    The penalty of prison mayor and a fine of not exceeding 10.000 pesos shall be imposed upon anyone who shall purchase, sell, kidnap, or detain a human being for the purpose of enslaving him. (Art. 272 RPC)

    Slavery

  • 62

    The penalty of prison correctional in its minimum and medium periods and fine not exceeding 500 pesos shall be imposed upon anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian, or person entrusted with the custody of a minor, shall, against the latter's will, retain him in his service. (Art. 272 RPC)

    Exploitation of Child Labor

  • 63

    If the interview is to be conducted with a witness other than the victim, the interview should find out as much about the witness as possible before conducting the interview including motivations, perceptions and barriers that might exist.

    Witness

  • 64

    It is necessary that the Investigator know specifically what crime or crimes were allegedly committed.

    Offense

  • 65

    If the victim is a person, the investigator should learn as much as possible about his or her background, the nature of the injury or loss, attitudes toward the investigation, and any other useful information, such as the existence of insurance property crime case.

    Victim

  • 66

    Must evaluate himself or herself and the conduct of the interrogation and must begin to evaluate the suspect.

    Interrogator

  • 67

    The investigation should reveal as much personal background information on the suspect as can be obtained.

    Suspect

  • 68

    Is distinguished from competency in that the latter is based on the assumption that a witness is qualified and will be permitted to testify.

    Credibility

  • 69

    Analyses of case decisions show that there is not yet a universally accepted definition of custody. Rather, case-by-case analysis is used to determine the applicability of Miranda requirements.

    Custody

  • 70

    For many years following the Miranda ruling, there was considerable confusion over what constituted questioning or interrogation. Again the Supreme Court has tried to clarify this issue through various decisions.

    Interrogation

  • 71

    An admission, verbal or written, made by the party in the course of the proceedings in the same case, does not require proof. The admission may be contradicted only by showing that it was made through palpable mistake or that no such admission was made.

    Judicial admissions

  • 72

    The only test for the validity and admissibility of a confession or admission was its voluntariness.

    Prior to 1936

  • 73

    The first notable incidence of Supreme Court intervention into interrogation practices came about in Brown v. Mississippi. In this 1936 case, the Supreme Court held that under no circumstances could a confession be considered freely and voluntarily given when it was obtained as a result of physical brutality and violence inflicted by law enforcement officials on the accused.

    The Free-and-Voluntary Rule

  • 74

    In 1943 the Supreme Court delivered another decision concerning the admissibility of confessions.

    The Delay-in-Arraignment Rule

  • 75

    is an 18" x 12" logbook with hard-bound cover that contains the daily register of all crime incidents reports, official summary of arrests, and other significant events reported in a police station.

    Police Blotter

  • 76

    A public safety officer who is tasked to conduct the investigation of all criminal cases as provided for and embodied under the Revised Penal Code/Criminal Laws and Special Laws which are criminal in nature. A well trained, disciplined and experienced professional in the field of criminal investigation duties and responsibilities.

    Criminal Investigator

  • 77

    Used in reference to person of ordinary or average diligence. To determine that diligence, we must use as a basis the abstract average standard corresponding to a normal orderly person. Anyone who uses diligence below this standard is guilty of negligence.

    Diligence of a Good Father of Family

  • 78

    A structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offenses as defined in the United Nations Convention against Transnational Organized Crime, in order to obtain, directly or indirectly, financial or mother material benefit.

    Organized Criminal Group

  • 79

    A combination of two or more persons who are engaged in a criminal or virtual criminal activity on a continuing basis for the purpose of profit or power using gangland style to attain their purpose.

    Organized Crime

  • 80

    Requisites. For the admissibility of parole evidence of the ground of mistake or imperfection of the writing, the following requisites must concur; 1) the mistake should be of fact; 2) mutual or common to both parties to the instrument; 3) clear and convincing evidence.

    Parole Evidence

  • 81

    A crime scene investigation begins well before the CSI enters a structure, an open field or wooded area. Usually the radio dispatch message is brief and seldom reveals the full nature of the incident. Most often this is done to avoid drawing on-lookers and the media who may be monitoring the dispatch frequency. As the CSI turns onto the street in question, his first obligation is to "turn on" his powers of observation. He may make a mental note of what he sees, hears and smells-or better still-records them on a digital voice recorder. His first reaction to the scene must be, "Does anything look out of place? What odors may be noticeable and are there unusual sounds.

    Upon the Arrival at the Crime Scene

  • 82

    Hopefully the first responders haven't caused too much disruption to any potential physical evidence. Before even stepping inside the structure, ingress and egress to it must be controlled. Sentries at all possible entrances should be put in place. The crime scene investigator (CSI), after learning the basic facts-in this case it appears that a white male appears to have a single bullet wound the head and rigor has set in this from the first responders, so the CSI will establish the boundaries of the crime scene. The outcomes the crime scene tape.

    Secure and Protect the Scene

  • 83

    The crime scene investigator before entering the structure an exterior survey is needed. This may be nothing more that walking around the exterior of the structure to see if any obvious evidence is apparent. This would include open windows, damaged doors, ladders and the like. The question the CSI is asking is how was entry made to the structure. Once indoors, the CSI will make a visual survey of the actual room in which the incident reported took place.

    Initiate Preliminary Survey

  • 84

    The Crime Scene Investigation's notes can serve as a very critical part of the overall physical evidence available from the scene. The investigator must keep in mind that months or even years later this case may go to trial. Your notes must present the full story of what you saw and any impressions the evidence gave you. Avoid speculation as to what occurred unless you have physical evidence to back it up.

    Prepare a Narrative of the Scene

  • 85

    Be certain to have overall, medium range and close-up shots of any potential physical evidence. Be certain to include scales in the close-up shots.

    Capture the Scene Photographically

  • 86

    Many Crime Scene Investigator's will prepare the rough sketch at the scene and will complete a detailed sketch back at headquarters. The rough sketch should contain no more or no less than the final, detailed sketch. It is always recommended that an assistant help out when taking measurements, and it's a good idea is to have this individual verify each measurement to avoid questions later.

    Prepare the Crime Scene Sketch

  • 87

    Go over every square inch of the scene in an attempt to locate even the smallest particle of evidence. "This brings to mind a recent case wherein a woman was brutally beaten to death in her bedroom. Several davs after the crime scene was released to the family, the victim's sister found a tooth from the victim on the bedroom carpet". Many crime scenes warrant the use of an evidence vacuum in the scene to collect any potential microparticle evidence such as hair and fibers. This step should be performed prior to any close in inspection of the victim.

    Conduct a Detailed Search

  • 88

    Be certain that every package containing physical evidence is collected leaving nothing behind. Make a final walk-through to be certain that all potential evidence is bagged and tagged.

    Conduct a Final Survey

  • 89

    While it is normal for others having an interest in the property to want to regain access, the CSI should not be rushed, coaxed or bullied into releasing the scene until the job is done.

    Release the Crime Scene

  • 90

    If an item is found that helps narrow the possibilities of who might be considered a suspect, or the manner in which a crime was committed, this evidence would be of use. Is an impression from a vehicle tire found in the dirt at the scene? The tread impression can be compared to others to determine the type of tire that was on the car. Is a shoe print left in the soil? The tread may help to identify the size and type of shoes it came from and the wear pattern could be used to match it to a specific pair.

    It is Unique