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77 Cards in this Set

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Was derive from the latin investigatus, past participle of investigate to track, investigate, from in + vestigium footprint, track

Investigation

Is a multi-faceted, problem solving challenge.

Criminal Investigation

Is expected to preserve the crime scene, collect the evidence, and devise an investigative plan that will lead to responsible for the crime.

Investigator

Is an undertaking that seeks, collect, and gathers evidence of a crime for a case or specific purpose.

Criminal Investigation

Three Element of Crime:

1. Motive


2. Opportunity


3. Instrumentality/Capability

Is the moving power power of force which compels a person to commit act towards a definite result.

Motive

Is the chance or time given to the offender in committing the crime.

Opportunity

Involves the use of material and other means which are essential in the commission of the crime.

Instrumentation/Capability

Three Phases of Criminal Investigation:

1. Identified


2. Trace, locate and arrested


3. To prove his/her guilt is gathered for introduction during trial.

Modes of Investigation:

*Reactive mode of investigation


*Proactive mode of investigation

Address crimes that already happened or occured.

Reactive mode of investigation

Identifies and arrest suspects before crime will happen.

Proactive mode of investigation

Who said that investigation is both art and science?

Dempsey, 2007

Who is the father of criminal investigation? And said that it is an art?

Dr. Han's Gross

According Dr. Han's Gross that criminal investigation is _, _, and _?

95% perspiration


3% inspiration


2% luck

Who said that criminal investigation is a science?

Manwong, 2004

Refers to the person who perform an investigation. Also known as prober and is considered as the superstar in the process of investigation.

Criminal Investigator

A police investigator must be a graduate of ?

For PNCO - Criminal Investigation Course(CIC)


For PCO's- Investigation Officer Basic Course(IOBC)

Refers to a PNP uniformed personnel both PCO and PNCO conferred with the appropriate certification to investigate with care.

Police Investigation

Refers to uniformed personnel who was previously as a police investigator but was able to complete 18 units Master's Degree and complete the Police Detective Course(PDC)

Police Detective

Was previously certified as police investigator but was able to complete sa master degree and complete the Investigation Officer Management Course(IOMAC).

Case Manager

Case manager must be a graduate of?

Investigator Officer Management Course(IOMAC)

The purpose of Golden Rule of Criminal Investigation is to avoid?

M-mutilation


A-alteration


C-contamination

Characteristic of Competent Criminal Investigation:

Perseverance


Endurance


Incorruptible honesty and integrity


Intelligence and wisdom of Solomon


Acting activity


Oral and written communication


Observation and description


Courage


Power the read between the lines


Knowledge on laws


Technical knowledge


Basic Elements of Criminal Investigation

1. Recognition


2. Collection


3. Preservation


4. Evaluation


5. Presentation

Cardinal Point of Criminal Investigation

5W's and 1H

Tools of Criminal Investigation

3 I's : Information, Interview/Interrogation, Instrumentation.

Are knowledge or facts which the investigator had gathered or acquired from person or documents.

Information

Classification Of Information

Regular sources- taken from records and documents


Cultivated sources- is furnished by informer and informant


Grapevines sources- disclosed by underworld character such as prisoners or ex-convicted

Voluntary giving information?

Informants

Involuntary giving information, requires fee?

Informer

Ways of obtaining from a certain suspect or person that has knowledge on a crime.

Interview/interrogation

Terms to understand

Interviewer


Interviewee


Interrogator


Interrogee


Suspect


Witness

Also called as Criminalistics or forensic science, is the process of applying instruments or tools of the police sciences in criminal investigation and detection

Instrumentation

Examples of instrumentation

Firearm detection


Fingerprint examination


Question document examination


Photography


Polygraphy


Forensic chemistry


Physics


Biology

Direct questioning of a subject for purpose of obtaining a confession, can place before or after an arrest.

Interrogation

Simple questioning of a person believe that to possess information, which are relevant to the investigation of a crime os non criminal activities.

Interview

General Kinds of Interview

Cognitive Interview


Question and Answer

They are given the full opportunity to narrate their accounts without intervention, interruption and interference from the interviewer.

Cognitive Interview

This interview as practices by some investigators requires to 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.

Qualities of a Good Interview

1. Rapport


2. Forceful Personality


3. Knowledge on Psychology/Psychiatry


4. Conventional Tone of Voice


5. Acting Qualities


6. Humility

Good relationship between the interviewer and the interviewee.

Rapport

Must be understanding, sympathetic and without showing official arrogance, vulgarity of expressions and air superiority.

Forceful Personality

Must go down and up to the level of understanding of his particular subject.

Knowledge on Psychology/Psychiatry

Means that the interviewer must know how to appropriately use voice normally.

Conversational tone and voice

Must possess the qualities of an actor, salesman and psychologist and know how to use the power of persuasion.

Acting Qualities

Must be courteous, sympathetic and humble, ready to ask apologies for the inconvenience of the interview.

Humility

Reason why Witnesses Refuse to Testify

1. Fear of Reprisal


2. Great Inconvenience


3. Hatred against the Police


4. Because of Bias Witness


5. Avoidance of Publicity


6. Family Restriction

Phases of Interview

1. Preparation


2. Approach


3. Warming up


4. Cognitive Interview

Rules in Questioning

1. One question at a time


2. Avoiding implied answers


3. Simplicity of question


4. Saving Face

Types of witnessess

1. Know-nothing type


2. Disinterested type


3. The drunken type


4. Talkative type


5. Honest witness


6. Deceitful witness


7. Timid witness


8. Refusal to talk witness

The vigorous and confrontational questioning of a reluctant suspect about his/her participation in the commission of crime.

Interrogation

Kinds of Confession

1.Extra Judicial Confession


2.Judicial Confession

Is a confession made by the suspect during custodial investigation.

Extra Judicial Confession

Sec.3, Rule 133, Rules of Court stated that:

Extra Judicial confessional is not sufficient ground for conviction: An extra Judicial confession made by an accused shall not be sufficient ground conviction, unless corroborated with evidence of corpuz delicti-body of the crime.

Types of Extra Judicial Confession

1. Voluntary Extra Judicial confession.


2. Involuntary Extra Judicial Confession

Confession made by the accused in open court

Judicial Confession

Technique of Interrogation

1. Emotional appeal


2. Sympathetic approach


3. Friendliness


4. Trick and Bluff Techniques

Combining the skills of an actor and psychologist.

Emotional appeal

Dig deep into the past troubles.

Sympathetic approach

A posture of sincerity may include the suspect a confess.

Friendliness

Trick and Bluff Techniques

Bluff the suspect that if he will not confess, there enough evidence to send him to jail.

Pretense of Solid Evidence

Selection of who among them is the weakest.

Weakest Link

Ordering by shouting, accompanied by banging of chair to make it appear that a commission is going on.

Drama

Investigator had gone to the residence and the family member had supplies fact against the suspect.

Feigning contact with family member

Complaint, witness or victim is requested to point positively to the suspect in the police line up.

Line-up

Suspect is place among other person in police line-up.

Reverse line-up

The investigation display a stern personality towards the suspect by using jolting, and opportunity to lie

Stern Approach

Acting as good and bad investigator.

Mutt and Jeff or Sweet and Sour Method

If the suspect is the suspect is bisaya dapat bisaya pud ang interrogator.

Removing the Ethics or Cultural Barrier

In every mans heart there is always the softest spot.

Searching for the soft spot

Is the use of reasons, which is acceptable to the subject that led to the commission of crime

Rationalization

The process of putting the blame to other person not alone to the suspect.

Projection

Is the act of minimizing the capability of the suspect.

Minimization

Apparent Signs of Deception(suspect is lying)

1. Excessive sweating


2. Change of facial color


3. Dry mouth


4. Excessive breathing


5. Increase of pulse beat


6. Avoidance of direct eye contact