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
In this step keep in mind to gain rapport with the subject
Approach
Considered as the hearth of the interrogation
Questioning
Refers to the ending of the interrogation process should end in the friendly manner
Termination
The end product of the interrogation
Reporting
Technique used by the investigator, combining a skill of an actor and a psychologist addresses the suspect with emotional appeal to confess
Emotional appeal
Investigator in preliminary or proving question was dig deep into the past trouble light and unfortunate events in the life of suspect
Sympathetic approach
A friendly approach coupled with a posture of sincerity may induced the suspect to confess
Friendliness
The investigator displays a stern personality toward the suspect by using the jolting and opportunity to lie method
Stern approach
The investigator selects the right moment to shout a pertinent question in an apparent righteous outrage
Jolting
Mutt and jeff or sweet are sour method
First investigator appear rough mean and dangerous second investigator is empathetic and understanding
Removing the ethnic or cultural barrier
Suspect is gadang a gaddang investigator and the same should integrate him
It is the use of reasons which is acceptable to the subject that lead to the commission of the crime
Rationalization
Process of putting the blame to other person not alone to the subject
Projection
It is the act of minimizing the culpability of the suspect
Minimization
Accused alone is brought face to face with the witness for identification
Show apps
Where photographs are shown to the witness for identification
Mugshot
Where a witness identifies the suspect from a group of person lined up for the purpose
Lineups
Sometimes called criminalistic
Instrumentation
It is the process of applying instrument of tools of the police sciences in criminal investigation and detection
Instrumentation
Is the scientific method of detecting deception using an instrument called polygraph
Polygraphy or polygraph science
A scientific instrument that simultaneously record the changes and physiological processes of the human body and capable of recording internal bodily changes
Polygraph
Refers to the person to be examined or usually a suspected criminal
Subject
First stage of polygraph examination whereby the subject is informed about the nature of the examination including his right in relation to the examination or condition to take the test
Pre test interview
Is the study of general techniques of photographing the crime scene physical evidences and other circumstances that can be used for law enforcement purposes
Police photography
The field covering the legal application of photography in criminal jurisprudence and criminal investigation
Forensic photography
Process of photographing minute object when magnified by means of the microscope
Photo micrography
Involves the process of photographing objects that are directly in large at the negative and magnified up to nine times only
Photo macrography
Involves the process of photographing and recording internal structures of the human body
X-ray photography
Branch of medicine which deals with the application of medical knowledge to the purpose of law and justice
Legal medicine
Branch of medical science which deals with the application of medical knowledge to elucidate legal problems
Forensic medicine
The opinion of the witness regarding a question of a science art or trade where he is killed there in maybe received in evidence
Expert witness
All persons having organs of sense can perceive the perceiving can make known their perception to others may be witnesses
Ordinary witness
The muscles are relaxed and capable of contracting when simulated
Stage of primary flaccidity or muscular irritability
The whole body becomes rigid due to the contraction of the muscle
Stage of rigor mortis
The muscle becomes flaccid no longer capable of responding to mechanical to electrical stimulus and the reaction becomes alkaline
Stage of secondary fluidity or decay muscle
Came from a greek word autopsia meaning sing with your own eyes
Autopsy
Sometimes called medico legal examination. Is the process by which the pathologies or the medical legal officer conducts an examination on a cadaver to determine the exact cause of death
Autopsy
Process of examination conducted by a medico legal officer to the cadaver of person at the crime scene to find out facts that may lead to reasons of death
Postmortem examination
Defined as the application of chemical principle in the examination of physical evidence and solution to problems that arise in connection with administration of justice
Forensic chemistry
Is a hybrid of analytical chemistry and fundamental toxicology principle
Forensic toxicology
Refers to the science of investigation and identification of firearms and ammunition used in crimes
Forensic ballistic
Branch of science that deals with the study of the motion and projectile are simply the signs of firearms identification
Ballistic
Is the study of classification of fingerprints as means of identification
Dactyloscopy
Is the most positive means of personal identification
Signs of fingerprints or dactyloscopy
It is the reproduction of pattern or design formed by the ridges or smooth surface of the end joint by the finger or thumb through medium or of ink or any coloring substance capable of producing visibility
Fingerprints as an impression
Is any material which contain mark symbol or signs either visible partially visible or invisible that may presently or ultimately convey a meaning or message to someone
Document
Any document about which some issues has been raised or under scrutiny with respect to its genuineness and its origin
Question document
Refers to any document completely designed and written by one person
Holographic document
Refers to the study of handwriting to determine one personality trait
Graphology
Knowledge or facts investigator gathered or acquired from persons or document
Information
Knowledge or facts investigator gathered or acquired from persons or document
Information
Being aware of an existence of facts
Attention
Understanding fact of awareness
Perception