CDI CHAPTER 2 Flashcards
It deals with the identity and location of the offender and then proving his guilt through a criminal proceeding. It is an art because it is not governed by rigid rules but based on intuition and to a minor extent, by chance.
CRIMINAL INVESTIGATION AS AN ART
there are designed to help the investigator determine how the crime was committed, the means/tools that are employed, how the crime was discovered, how the culprit enters the building/room.
HOW QUESTIONS
It is the act or process of investigating or the condition of being investigated. It also refers to a searching inquiry for ascertaining facts; detailed or careful examination.
INVESTIGATION
these are questions that endeavor to ascertain the motives, causes, antecedents, previous, incidents, related facts, background occurrences that might help explain the commission of the offense.
WHY QUESTIONS
it involves systematic process of identifying, collecting, preserving, and evaluating data or raw facts to produce valuable information for the purpose of bringing a criminal offender to justice. As a process, it is based on systematic plan.
CRIMINAL INVESTIGATION AS A PROCESS
it involves the efforts of identifying data, including physical things that may provide relevant information regarding the criminal case being investigated. it is otherwise known as IDENTIFICATION STAGE of investigation. The earlier the significant facts are identified, the sooner the case will be solved.
RECOGNITION
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 THE LINES
refers to the process of determining the probative value of the evidence.
EVALUATION
this refers to the investigator’s capability of defense tactics, use of firearms and the like. In many occasions, he will be alone in confronting, arresting, bringing to headquarters and interrogating the suspect.
TECHNICAL KNOWLEDGE
What are the qualification and qualities of a good criminal investigator?
- PERSEVERANCE
- ENDURANCE
- INCORRUPTIBLE HONESTY AND INTEGRITY
- INTELLIGENCE AND WISDOM OF SOLOMON
- ACTING ACTIVITY
- ORAL AND WRITTEN COMMUNICATION
- OBSERVATION AND DESCRIPTION
- COURAGE
- KNOWLEDGE OF LAWS
- THE POWER TO “READ BETWEEN THE LINES
- TECHNICAL KNOWLEDGE
every investigator should have a basic knowledge on both oral and written communication in probing a certain issue in order that he will not suffer setbacks in getting the accurate facts especially in the preparation of reports and or transmittal of information. This include the use of appropriate words in making a report and writing observations and descriptions of places, things and events.
ORAL AND WRITTEN COMMUNICATION
The term investigation comes from the Latin word _______which means: to track, trace or probe.
Investigare
A public safety officer who is tasked to conduct the investigation of all criminal cases as provided for and embodied under the Revised Penal Code/Criminal Laws and Special Laws which are criminal in nature. A well trained, disciplined and experienced professional in the field of criminal investigation duties and responsibilities.
CRIMINAL INVESTIGATOR
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
A systematic method of inquiry that apply scientific knowledge, principles, and methodologies in order to discover, identify, collect, and process facts and evidence to promote justice.
CRIMINAL INVESTIGATION AS A SCIENCE
What are the threefold aim of criminal investigation?
to identify the guilty party
to locate the guilty party
to provide evidence
It refers to the steadfastness, persistence and resolution to bring the desired conclusion in spite of obstacles connected with criminal investigation.
PERSEVERANCE
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
is a function that is almost simultaneously performed during the collection stage. It includes act of keeping the collected evidences in their true and original form, preventing contamination or destruction of substantive value.
Preservation does not only involve the process of packaging physical evidences in order that they can be safely transmitted to the evidence custodian or to the crime laboratory. It covers the process of maintaining the objectivity of facts or information that has been gathered from the testimony of witnesses, victims or other persons involved in the criminal cases.
PRESERVATION
this is the ability of the investigator to last physically and mentally hence; he must have the extraordinary physical and mental energy, enduring sleepless nights and tiresome days.
ENDURANCE
the purpose of these types of questions is to find out what happened or what took place before, during and immediately after the commission of the offense.
WHAT QUESTIONS
refers to the acts of gathering those identified data or facts, or physical things that are significant to the case under investigation. Collection maybe done by scraping the bloodstains found at the crime scene, interviewing the neighbor who saw the burglary, or examination of drug dealer’s bankbook.
COLLECTION
BASIC ELEMENTS OF CRIMINAL INVESTIGATION
RECOGNITION
COLLECTION
PRESERVATION
EVALUATION
PRESENTATION
What are the KINDS OF CRIMINAL INVESTIGATION?
- Investigation while the suspect is under arrest and detention;
- Investigation while the suspect is “at large”
This refers to a person convicted of a crime by a final judgment.
CRIMINAL
it is the moral fortitude of the investigator to tell the truth irrespective of who gets hurt.
COURAGE
- It seeks all facts associated with a crime to determine the truth: what happened and who is responsible of a criminal incident.
- It is defined as the collection and analysis of facts/truths about persons, things, places that are subjects of a crime to identify the guilty party, locate the whereabouts of the guilty party, and provide admissible evidences to establish the guilt of parties involved in crime.
- It also refers to the collection of facts to accomplish the threefold aim.
CRIMINAL INVESTIGATION
is primarily manifested inside the courtroom. The investigator, with the help of the prosecutor, must be able to present facts and information in a very simple and convenient manner in order to convince the court and other parties involved in the criminal case about the validity and truthfulness of the evidences they are trying to prove or establish.
PRESENTATION
these are questions needed to determine and fix the time, day, month and year when the crime was committed.
WHEN QUESTIONS
this refers to the degree of honesty and integrity of the investigator on several temptations over money that is offered to affect the investigation, women and drinks where these are present in every corner playing tricks of temptations.
INCORRUPTIBLE HONESTY AND INTEGRITY
CARDINAL POINTS OF CRIMINAL INVESTIGATION
WHO
WHAT
WHERE
WHEN
WHY
HOW
these are questions that localize the place of the incident - the city or town, the district or barangay, the street or road, the number of the house or building.
WHERE QUESTIONS
the investigator should be a keen observer and knows how to accurately describe everything. This is important in crime scene investigation and in conducting interview and interrogation.
OBSERVATION AND DESCRIPTION
these are questions used to inquire on the identity of the victims or offended party, name of the suspect, accomplices, accessories and witnesses of the crime
WHO QUESTIONS
the investigator should have basic knowledge on legal matters concerning investigation.
KNOWLEDGE OF LAWS