CDI Flashcards
Is the means, sanctioned by these rules, of ascertaining in a judicial proceeding and truth respecting a matter of fact
Evidence
Any material which tend to persuade the court of the truth or probability of some facts asserted before it or the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established to disproved
Evidence
Does not mean such degree of proof as, excluding possibility or terror, produces absolute certainty.
Moral certainty only is required or the degree of proof which produces convection in an unprejudiced mind
Proof beyond reasonable doubt
More than one circumstances
Facts from which inferences are derived are proven
Combination of all circumstances such as to produce convection beyond reasonable doubt
Circumstantial evidence to sustain convection
That amount of relevant evidence which the reasonable mind might accept as adequate to justify a conclusion
Substantial evidence
kind of physical evidence which are objects/substances which are essential parts of the body of the crime
Corpus delicti
Kinds of physical evidence which links the suspect to the crime scene or offense such as fingerprint and shoe prints
Associative evidence
Kind of physical evidence such as article which assist the investigation in locating the suspects such as id and other personal documents
Tracing evidence
Kind of physical evidence which identification is being established and directly by proving other facts or circumstances from which, either alone or in connection with other facts
Circumstantial evidence
Directly addressed to the senses of the court and consist of tangible things inhabited or demonstrated and open court.
Object( real)
Evidence supplied by written instruments are derived from conventional symbols, such as letter, by which ideas are presented on material substances
Documentary
Which are submitted to the court through the testimony or deposition of a witness
Testimonial
Evidence having any value in reason as tending to prove any matter probable in an action
Relevant
Logical relation of evidentiary fact to fact in issue
Relevancy
Evidence directed to prove a fact in issue
Material
One that is not excluded by law and particular case
Competent
That which proves the fact and dispute without the aid of any inference or presumption
Direct
The proof of the facts other than the fact and issue from which, taken in either singly or collectively, the existence of the particular fact and dispute may be inferred as a necessary or probable consequence
Circumstantial
Evidence of the same kind and to the same state of facts
Cumulative
Additional evidence of a different character to the same point for higher prorative value
Corroborative
That which standing alone, unexplained or uncontradicted is sufficient to maintain a proposition
Prima facie
Class of evidence which the law does not allowed to be contradicted
Conclusive
That which the law regards as affording greatest certainty of the facts and question
Primary or best
That which is inferior to the primary evidence and is permitted by law only when the best evidence is not available
Secondary or substitutionary
The witness affirms that affect did or did not occur
Positive
The witness states that he did not see or know of the occurrence of a fact
Negative
Knowledge or facts which the investigator had gathered or acquired from person or documents which are pertinent or relevant concerning the commission of the crime or criminal activities
Information
The vigorous and confrontational questioning of a reluctant suspect about his participation in a crime. In aggressive manner, process obtain an admission or confession from those suspect
Interrogation
Is the declaration of the accused acknowledging his guilt arising from the commission of the crime
Confession
An acknowledgement of a fact or circumstances without accepting guilt
Admission
Those made by the suspect during custodial investigation
Extrajudicial confession
Those made by the accused in an offered court
Judicial confession
The confession is voluntarily when the accused speaks of his free will and accord without inducement of any kind
Voluntary extrajudicial confession
Confession obtained through force, threat, intimidation, duress or anything influencing the voluntary act of the confessor
Involuntary extra judicial confession
Refers to the interrogator keep himself aware of the situation and he must observe and analyze the interrogee without his knowledge
Planning and preparation