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131 Cards in this Set

  • Front
  • Back

Organized for the purpose of carrying out the policies or regulations of the Spanish Government. The members were armed and considered as the mounted police

1712 CARABINEROS DE SEGURIDAD PUBLICO

Was a convicted criminal who believed that only criminals could fight crime

Francois-Eugène Vidocq

The process was often swift, certain, and absolute.

Kin Policing

Code which dealt with individual responsibilities to groups and private dealings between individuals.

Laws of Hammurabi

The ruler of athens, established a security systemto protect highways, the tower and the ruler

Pisistratus

They were given almost unlimited powers, including the authority to investigate, try, and punish individuals.

Sparta

Members of sparta that is appointed by the ruler called?

epohi

Dealt with legal procedures, property ownership, building codes and punishment for crimes

The Twelve Tables

A specialized police officials, also the forerunner of the modern detective and has the responsibility to "track down" the murderers for the state.

Quaestorees Parricidi

Accused persons were required to submit to some ordeal, such as olacing their hands in a boiling wate, if their hands were burned that means that they are guilty

Trial By Ordeal

In this trial the offender and the accused must perform a duel and the one that is going to be the losed will be considered as the guilty one.

Trial By Combat

Which derived its authority from the king and used brutal, legalized method or torture to force confession from suspects.

Star Chamber

A london magistrate established an investigative force knows as Bow Street Runners, who were known colloquially as thief-takers.

Henry Fielding

A body of rural police organized in each town, which was established hy the royal decree of january 8.1836.

GUARDRILLEROS

An organization created by the Royal Decree issued by the Spanish Crown Government on February 12,1852.It relieved the Spanish Peninsular Troops of their works in policing towns.

GUARDIA CIVIL

Established during the filipino-american war(1898-1901) upon recommendation of the American Commission to the Secretary of war

Nov 30,1980. INSULAR POLICE FORCE

"AN ACT PROVIDING FOR THE ORGANIZATION AND GOVERNMENT OF AN INSULAR CONSTABULARY"

JULY 18,1901. ACT#175

The law which established the Philippine Constabulary

OCT 3,1901. ACT#255

The law stated that the Philippine Constabulary is a National Police Institution for preserving the peace, keeping order and enforcing the law.

REVISED ADMINISTRATIVE CODE OF 1971, SECTION 825

The law otherwise known as the POLICE ACT OF 1966,It created the office of the Police Commission which was later called National Police Commission (NAPOLCOM)

SEPT. 8,1966 RA#4864

The law which stipulated that the office of the NAPOLCOM was under the office of the ministry of National Defense.

Aug. 8,1975 PD#765

The law provides that "In all criminal prosecutors, the accused shall. Enjoy the right to he heared by himself and counsel"

1935 PHILIPPINE CONSTITUTION ARTICLE III SECTION 17(1)

"No person shall be compelled to be a witness against himself. Any person under investigation for the commission of an offense shall have the right to remain silent and to counsel, and to be informed of such right. No force, violence, threat, intimidation nor any means, which vitiate the free will, shall be used against him. Any confession obtained in the violation of this section shall be inadmissible as evidence."

1973 PHILIPPINE CONSTITUTION, Article III, Section 20.

The right to a counsel maybe waived but the waiver, to be valid, must be made with assistance of a counsel

1985- PEOPLE vs. GALIT

Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have a competent and independent counsel preferably of his own choice. If the person cannot afford the services of a counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of a counsel.

1987 Phil. Constitution, Article III Section 12

"No member of the armed forces in the active services shall, at any time, be appointed for designated in any capacity to a civilian position in the Government including government owned or controlled corporation, or any of their subsidiaries."

Article XVI, section 5

"The State establish and maintain one police force. which shall be national in scope and civilian in character, to be administered and controlled by a National Police Commission. The authority of local executives over the police units in their jurisdiction shall be provided by law."

Article XVI, section 6

DILG ACT, Philippine National Police (PNP) together with BFP and BJMP organization

1990 RA 6975

Pnp reform organization act

1998, RA 8551

was derived from the Latin investigatus, past participle of investigare to track, investigate, from in- + vestigium footprint, track

Investigation

is a multi-faceted, problem-solving challenge. Arriving at the scene of a crime, an officer is often required to rapidly make critical decisions, sometimes involving life and death, based on limited information in a dynamic environment of active and still evolving events

Criminal Investigation

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

criminal Investigation

is also defined as the act of examining something carefully, especially to discover the truth about it.

Investigation

is the moving power or force which compels a person to commit acts towards a definite result

MOTIVE

is the chance or time given to the offender in committing the crime. Without such chance or opportunity given to the offender, there could be no crimes committed

OPPORTUNITY

involves the use of materials and other means which are essential in the commission of the crime. Thus, crime will occur if all the elements of crime exist. Further, if one of the elements of crime is absent then crime will not and will never happen.

INSTRUMENTALITY/CAPABILTY

Three Phases of Criminal Investigation

1. The criminal is identified.2. The criminal is traced, located and arrested.3. The fact or evidence to prove his/her guilt is gathered for introduction during trial.

Goals of Criminal Investigation

1. To determine whether a crime has been committed;2. To legally obtain information and evidences;3. To identify persons responsible;4. To arrest suspects;5. To recover stolen property; and6. Complete presentation of case to appropriate authority

investigative address crimes that already happened or occurred

REACTIVE MODE

investigation identifies and arrests suspects before crime will happen

PROACTIVE MODE

Steps in criminal Investigation

1. Identification/Recognition of facts information, evidence,


2. Collection of facts, Information , evidence,


3. Preservation of forensic value (Legal Integrity),4. Evaluation, processing of evidence and case, and


5. Presentation of evidence and criminal case

refers to the person who performs an investigation. Criminal investigator is also known as prober and is considered as the superstar in the process of investigation

Criminal Investigator

refers to a PNP uniformed personnel both Police Commissioned Officer (PCO) and Police Non-Commissioned Officer (PNCO's) conferred with the appropriate certification to investigate with care and accuracy, by conducting step-by-step examination, through patient inquiry and meticulous observation, data and other pertinent matters to support crime theories and establish relevant facts to aid in identifying the offense and criminal offender, locating him and providing evidence of his guilt leading to the successful filing and prosecution of the offense

POLICE INVESTIGATOR

refers to PNP uniformed personnel who was previously certified as a police investigator but was able to complete 18 units Master's Degree, and completed the Police Detective Course (PDC), and acquired the requisite experience relating to investigation of cases and appearance in court duties to support the successful filing and prosecution of offense

POLICE DETECTIVE

refers to a PCO who was previously certified as Police Investigator (PCO Category) but was able to complete a Master Degree,completed the investigation Officers Management Course(IOMAC) and recorded the number required investigation and prosecution of cases.

CASE MANAGER

Roles of Criminal Investigator

1. Determine whether a crime has been committed.


2. Identify the victim/s and the offender.3. Locate and apprehend the offender.4. Present evidence of guilt for the offender's.5. Assist in case follow-up.

It refers to the steadfastness, persistence and resolution tobring the desired conclusion in spite of obstacle connected with criminal Investigation

PERSEVERANCE

This is the ability of the investigator to last physically and mentally hence he/she must have the extraordinary physical and mental energy, enduring sleepless night and tiresome days

ENDURANCE

This refers to the degree of honesty and integrity of the investigator on several temptations over money that are offered to affect the investigation. Women and drinks are tricks of temptation.

INCORRUPTIBLE HONESTY AND INTEGRITY

This is very important in order that the investigator could easily decipher falsehood from truth and separate the grain from the chaff.


INTELLIGENCE AND WISDOM OF SOLOMON

It refers to the ability of the investigator in stooping down to the level of a minor, the prostitute or the slum dwellers, professionals or other members of the elite during the investigation process

ACTING ACTIVITY

Every investigator should have a basic Knowledge on both oral and written communication in probing a certain issue in order that he/she will not suffer setback in getting the accurate facts especially in the preparation of reports and or transmittal of information

ORAL AND WRITTEN COMMUNICATION

The investigator should be a keen observer and knows how to accurately describe anything

OBSERVATION AND DESCRIPTION

It is the moral fortitude of the investigator to tell the truth irrespective of who gets hurt

COURAGE

The investigator should have basic knowledge on legal matters concerning investigation

KNOWLEDGE ON LAWS

This refers to the ability of the investigator to interpret the words or phrases encountered in the process of investigation into their deeper meaning in order to arrive with a concrete meaning of a certain statement

The power to "READ BETWEEN LINES"

This refers to the investigators capability of defense tactics, use of firearms and the like. In many occasions, he/she will be alone in confronting arresting, bringing to headquarters and interrogating the suspect

TECHNICAL KNOWLEDGE

involves the efforts of identifying data, including physical thing that may provide relevant information regarding the criminal case being investigated. That is why recognition is otherwise known as identification stage of investigation

RECOGNITION

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

COLLECTION

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 their substantive value

PRESERVATION

refers to the process of determining the probative value of the evidence. Probative value refers to the strength of the evidence or its worth/weight in successfully establishing a proof that a crime has in fact been committed and the suspect/accused is one who is responsible for it

EVALUATION

is primary manifested in the courtroom. The investigator, with the help of the prosecutor, with the help of the prosecutor, must be able to present facts and information in a very simple and convenient manner in case about the validity and truthfulness of the evidence they are trying to prove or establish

PRESENTATION

GOLDEN RULE OF CRIMINAL INVESTIGATION

"Never touch, alter, move, or transfer any object at the crime scene unless it is properly marked, measured, sketched and/or photographed"

purpose of the golden rule

avoid the mutilation, alteration, and contamination (MAC) of the pieces of physical evidence found at the crime scene

are 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 criminal activities

INFORMATION

Information were taken from records, files from Government or non-government agencies, news included also are news or TV broadcast, intercepted radio, telephone messages and storedcomputer area

REGULAR SOURCES

Information is furnished by informants or informers

CULTIVATED SOURCES

When the information are disclosed by the underworld characters such as prisoners or ex-convicts

GRAPEVINE SOURCES

are similar, in the sense that they are both ways of obtaining information from a certain suspect or person that has knowledge on a crime.

INTERVIEW AND INTERROGATION

Instrumentation is the process of applying instruments or fools of the police sciences in criminal investigation and detection.

INSTRUMENTATION

is the simple questioning of a person believed to possess information, which are relevant to the investigation of a crime or on criminal activities

INTERVIEW

This is conducted to willing and cooperative witnesses, where 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 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."

It refers to the good relation between the interviewer and the interviewee, which is conducive to fruitful result. It is winning the confidence of a person being interviewed in order that he will tell all the information in his/her possession

RAPPORT

The appearance of the interviewer and other qualities such as skills of communication techniques or the force of language are the mainstays of the strength of his character

FORCEFUL PERSONALITY

This will help the interviewer determine the personality and intelligence of the subject; he/she must go down and up to the level of understanding of his/her particular subject

KNOWLEDGE ON PSYCHOLOGY/PSYCHIATRY

Investigator's tone of voice must be conversational, not confrontational as in interrogation.

CONVERSATIONAL TONE OF VOICE

He/she must possess the qualities of an actor, salesman and psychologist and know how to use the power of persuasion

ACTING QUALITIES

He/she must be courteous, sympathetic and humble, ready to ask apologies for the inconvenience of the interview

HUMILITY

This prevalent among the generally underprivileged sectors of our society. The investigator must remove these fears from the mind of his/her witnesses either by offering protection or by the explanation that unless the suspect is not put behind bars, the fear will not disappear

FEAR OF REPRISAL

On the part of those of hands-to-mouth existence there is this real inconvenience, which will deprive them the time to earn for their living especially during the ordeal of testifying during the trial

GREAT INCONVENIENCE

This hatred maybe due to previous bad experience with rogue members of the police organization. The investigator must show the difference between him/her and the rogue policeman by honest and sincere entertainment of the complaint against the rogue cops

HATRED AGAINST THE POLICE

The witness maybe an acquaintance, friend, helper, or benefactor of the suspect. All of these and other relationship of the witness to the suspect must be explored so that an intelligent approach is properly applied

BECAUSE OF BIASED OF WITNESS

There are witnesses who are shy and they shun publicity that will bring discomfort to their ordinary or obscure way of living. The investigator must hide these witnesses away from reporters.

AVOIDANCE OF PUBLICITY

Some famous and respected families preserve their reputations by instilling to their members the need of the approval of their elders on matters affecting their families. The investigator must talk to the elders for their approval for a member to testify

FAMILY RESTRICTION

Investigator must review the facts at the crime scene and information from other sources in order that he/she would be ready for the questioning

PREPARATION

This is done through investigator's careful selection of the kind of approach to use, which maybe a single kind, a combination of two or the application of all techniques

APPROACH

This is done by preliminary or exploratory questions to clear the atmosphere and promote a conducive place for cordiality, respect and trust for each other

WARNING UP

This is performed by allowing or already asking now the subject to narrate his/her account without interruption, intervention or interference. It is only after the completion of the uninterrupted narration that the investigator begins the direct and cross- examination

COGNITIVE INTERVIEW

RULES IN QUESTIONING

1. One question at a time


2. Avoid implied answer


3. Simplicity of questions


4. Saving face


5. YES OR NO

This is a reluctant type of witness. It is found among the uneducated and of low level of intelligence. The technique to be applied is to be with their level of intelligence and by interrogation

KNOW-NOTHING TYPE

This style of questioning by the investigator should be adapted to the psychology of the subject. To deal with thus type is to find out his/her field of interest so that he/she will talk

DISINTERESTED TYPE

The style of questioning by the investigator should be adapted to the psychology of the interview will be conducted, confronting him/her about disclosure while in the state of drunkenness

THE DRUNKEN TYPE

This is a witness who is prone to exaggerate, adding irrelevant or new matters to their narration. The skilful investigator could prune the unnecessary matters from the relevant ones.

TALKATIVE TYPE

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

HONEST WITNESS

This is a liar type of witness. Let him/her lie and order later to repeat several times the narration. He/she will be enmeshed in contradictions

DECEITFUL WITNESS

This is a shy witness. The approach must be friendly and reassuring confidentiality of the information. It should be hidden from the devouring press by interviews or photo sessions

TIMID WITNESS

This is the most difficult subject to deal with. Find out the reasons of his/her personality such as: trauma, shock, fear, hatred, and others. Remove these fetters of silence so that he/she will start talking

REFUSAL TO TALK WITNESS

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

INTERROGATION

GOAL OF INTERROGATION

1. To find out the truth about the crime2. To obtain an admission or confession of guilt from the suspect


3. To gain all facts in order to determine the method of operation or modus operandi and the circumstances of the crime in question


4. To collect information that guides investigators to arrive at a logical conclusion

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

EXTRA JUDICIAL CONFESSION

The confession is voluntary when the accused speaks of free will and accord, without inducement of any kind, with a full and complete knowledge of the nature and the 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 The plea of guilt maybe made during arraignment or any stage of the proceedings where the accused changes plea of not guilty to guilty. This is conclusive circumstance to criminal liability.

JUDICIAL CONFESSION

"Judicial admission is made by the party in the pleadings, or in the course of trial or other proceedings do not require proof and cannot be contradicted unless previously shown to have been made through palpable mistake."

Section 2 Rule 129 Rules of Court

This is a technique whereby the investigator. combining the skills of an actor and a psychologist, addresses the suspect with an emotional appeal to confess.

EMOTIONAL APPEAL

The investigator, in his her preliminary or probing questions must dig deep into the past troubles, plight and unfortunate events in the life of the suspect.

SYMPATHETIC APPROACH

A friendly approach coupled with a posture of sincerity may induce the suspect to confess.

FRIENDLINESS

The Investigator bluffs the suspect that even if he/she will not confess, there is enough evidence to send him/her to jail. If confession is made, the investigator will see to it that his/her prison term will be within the range of probation

PRETENCE OF SOLID EVIDENCE

Among the suspects, there must be a careful selection of who among them is the weakest link where the interrogation will begin. By tricks and bluffs, this weakest link will be told that his/her companions had already confessed and that this weakest link had dealt the fatal blow or that he received the lion share of loot in order to intrigue him

WEAKEST LINK

The weakest link maybe used to fake pain and agony by ordering him/her to shout, accompanied by banging a chair on wall to make it appear that a commotion is going on

DRAMA

The suspect could be tricked that the investigator had gone to the residence and the family members had supplied facts against the suspect. The suspect's family will be dragged into the investigation if the suspect will not confess

FEIGNING CONTACT WITH FAMILY MEMBERS

The complaint, witness or victim is requested to point positively to the suspect in the police line-up. The witnesses' victims or complainant are previously coached about the identity of the suspect

LINE UP

The suspect is placed among other persons in a line- up and he/she is identified by several complainants and witnesses who will associate the suspect in other several crimes. This will cause the suspect to become desperate and confess only to the case under investigation, to avoid from being charged on false accusations

REVERSE LINE-UP

The investigator displays a stern (demands immediate response) personality towards the suspect

STERN APPROACH

In the questioning process, the investigator selects the right moment to shout a pertinent question in an apparent righteous outrage. The suspect's nerves will break to a confession.

JOLTING

The suspect is given all the opportunities to lie. The suspect is questioned about his/her personal life, family, friends and his/her knowledge about the complainant and witnesses

OPPORTUNITY TO LIE

The first set of investigators must appear to be rough, mean and dangerous. When they had finished the Interrogation, the second investigator intervenes by stopping the first set of investigators

Mutt and Jeff or Sweet and Sour Method

If the suspect is an "Ifugao" (person from Ifugao Province), then preferably, an Ifugao investigator is recommended to interrogate him, the same with other ethnic or cultural groups. It is a Filipino's way of life that people put trust and confidence to those who belong to their clan or tribe.

REMOVING THE ETHNIC OR CULTURAL BARRIER

In every man's heart, there is always that softest spot. The heart may have been hardened to steel by poverty, destitution, hopelessness, despair, apathy, indifference, injustice, hatred or other factors, yet there is always that spot which could be discovered by the investigator through his/her knowledge of human behavior

SEARCHING FOR THE SOFT SPOT

It is the use of reasons, which is acceptable to the subject that led to the commission of the crime. Thus, it may be said that sometimes, killing is a necessary rather than by purpose or design

RATIONALIZATION

It is the process of putting the blame to other persons, not alone to the suspect

PROJECTION

It is the act of minimizing the culpability of the suspect

MINIMIZATION

The profuse sweating indicates tension, anxiety, shock or fear. Extreme nervousness is also the cause of sweating.

EXCESSIVE SWEATING

Anger is indicated if the face is blushing. It is also the result of extreme nervousness or embarrassment It is necessary as a sign of deception or guilt. A pale face is a reliable indicator of guilt or deception.

CHANGE OF FACIAL COLOR

This is a sign of great tension and is a reliable symptom of deception. Swallowing, constant movement of the Adam's apple and sweating of the lips are indications of dryness of the mouth.

DRY MOUTH

An effort to control breathing during the critical questioning is an indication of deception. Gasping of breath is the ultimate result of the control in breathing

EXCESSIVE BREATHING

When observed at the side of the neck, the investigator has to discover the increase of pulse beat which is indicative of deception

EXCESSIVE PULSE BEAT

This may indicate guilt or deception Misty or teary eyes indicate remorse or repentance

AVOIDANCE OF DIRECT CONTACT

also receive research attention. Although handwriting analysis has long been used, examples of applications in development include identifying computer users by the pattern, speed, and rhythm of their keystrokes and gait or walking analysis, which presents analytical problems, because gait can be disguised or difficult to discern if long, loose-fitting clothing is worn

BIOMETRIC SUGNATURES