PRINCIPLES OF CRIMINAL INVESTIGATION

Cards (45)

  • CRIMINAL INVESTIGATION is an art that deals with the identity and location of the offender and proving his guilt in a criminal proceeding
  • CRIMINAL INVESTIGATION is a systematic method of inquiry that is more science than an art
  • the 3 goals of criminal investigation are IDENTIFY, LOCATE, PROSECUTE
  • the 3 phases of criminal investigation are PRELIMINARY, FOLLOW UP, FINAL
  • PRELIMINARY INVESTIGATION is done to identify the criminal through confession eyewitness testimony circumstantial evidence and associative evidence
  • FOLLOW UP INVESTIGATION is done to trace and locate the criminal
  • FINAL INVESTIGATION is done to gather evidence to prove the guilt of the suspect/s
  • the 7 methods of identifying criminals are CONFESSION, ADMISSION, EYEWITNESS TESTIMONY, CIRCUMSTANTIAL EVIDENCE, ASSOCIATIVE EVIDENCE, MODUS OPERANDI, CRIMINAL PROFILING
  • CONFESSION is direct acknowledgement of guilt arising from the commission of a crime
  • the 2 types of confession are EXTRA JUDICIAL CONFESSION, JUDICIAL CONFESSION
  • EXTRA JUDICIAL CONFESSION is those made by the suspect during custodial investigation
  • EXTRA JUDICIAL CONFESSION is those made outside court
  • JUDICIAL CONFESSION is those made by the accused in open court
  • JUDICIAL CONFESSION is the plea of guilt may be during arraignment or in any stage of the proceedings where the accused changes his plea of not guilty to guilty
  • ADMISSION is self incriminatory statement by the subject falling short of an acknowledgement of guilt
  • ADMISSION is an acknowledgement of a fact or circumstances from which guilt maybe inferred
  • ADMISSION is an acknowledgement that a fact action or circumstances are true which strongly infer or directly admit guilt but lacks the detail of the elements of the crime
  • the 4 rules to be observed in taking confession or admission are MUST BE TAKEN PREFERABLY IN WRITING AND UNDER OATH, MUST BE WRITTEN IN THE LANGUAGE KNOWN AND UNDERSTOOD, MUST BE FREELY AND VOLUNTARILY GIVEN, MUST BE TAKEN IN THE PRESENCE OF COMPETENT AND INDEPENDENT COUNSEL
  • the 4 methods of identification by witnesses are VERBAL DESCRIPTION, PHOTOGRAPHIC FILES, ARTIST SKETCH, GENERAL PHOTOGRAPH
  • VERBAL DESCRIPTION is the physical description of the known fugitive based on extent and range of their perception
  • PHOTOGRAPHIC FILES is the police files of photograph of known criminals directly taken by the police or gathered from other sources
  • ARTIST SKETCH is the composite representation reduced to drawing of the suspects face made by an artist and based on the descriptions furnished by the witnesses
  • ARTIST SKETCH is famously known as CARTOGRAPHIC SKETCH
  • GENERAL PHOTOGRAPH is the variety of photographs which does not necessarily represent the criminal was shown to the witness to approximate the nearest description of the unknown fugitive
  • the 3 factors affecting the value of identification by eyewitnesses are OBSERVATION, VISION, TIME
  • the 2 procedures of identification by eyewitnesses are PHYSICAL LINE UP, PHYSICAL SHOW UP
  • PHYSICAL LINE UP is means of selecting a suspect from a group of innocent persons usually composed of seven to ten persons
  • PHYSICAL SHOW UP is made immediately after the arrest of the suspect where only one person is shown to the witness usually at the scene of the crime
  • CIRCUMSTANTIAL EVIDENCE is facts or circumstances from which either alone or in connection with other facts the identity of the person can be inferred
  • ASSOCIATIVE EVIDENCE are physical evidences which link a suspect to a crime
  • ASSOCIATIVE EVIDENCE is the offender may leave clues at the scene such as weapon tools garments fingerprints or foot impression
  • MODUS OPERANDI is a method of operation by a specific criminal or criminal syndicate
  • MODUS OPERANDI is the distinct pattern of how a crime is committed established by a series of crimes under one classification
  • MODUS OPERANDI is distinct and different from the other
  • MODUS OPERANDI is a criminal trademark logo or brand name
  • MODUS OPERANDI enables the investigator to recognize a pattern of criminal behavior to predict and approximate the next target and to assist complainants to recognize the suspect by any means of recorded information concerning characteristics of criminal activities
  • CRIMINAL PROFILING is a method of suspect identification that attempts to identify the individuals mental emotional and psychological characteristics
  • the 3 types of physical evidence are CORPUS DELICTI, ASSOCIATIVE, TRACE
  • CORPUS DELICTI EVIDENCE are objects or substances which may be a part of the body of the crime
  • ASSOCIATIVE EVIDENCE are physical evidences which link a suspect to a crime