Chapter 3 Flashcards
An attachment to a warrant wherein the police detail their probable cause for the warrant to be issued. (3-55)
affidavit
A continuous demonstration of guilt, or a proving of each element of a crime, against the accused. (3-55)
burden of proof
Evidence which does not directly prove a fact at issue but may establish a strong inference as to the truth of that fact. (3-52)
circumstantial evidence
The final phase of the investigation. Terminating an unsuccessful case or preparing a successful case for prosecution. (3-63)
concluding investigation
A Latin term meaning “body of the crime”. The fact necessary to prove that a crime was committed.
corpus delicti rule
Evidence which will normally prove a fact without support (3-52)
direct evidence
Anything properly admissible in a court that will aid the function of a criminal proceeding in establishing guilt or innocence. (3-52)
evidence
Evidence obtained from unlawful interrogations, illegal searches, or by entrapment or denying a suspect right to counsel cannot be admitted under the _________. (3-54)
exclusionary rule
Evidence which exonerates, or clears a person of blame or legal guilt. (3-52)
exculpatory evidence
To construct an explanation for an occurrence. (3-49)
hypothesis
Evidence which is incriminating, for it tends to establish guilt. (3-52)
inculpatory evidence
The second investigative stage of a criminal offense is the follow-up, or the continuing inquiry. (3-61)
in-depth investigation
The least useful of the factors used to formulate a hypothesis involves the ______ and opportunity necessary to perpetrate the crime. (3-50)
means
That which causes a person to act in a certain manner. (3-50)
motive
Determines if a given suspect could have been physically present during the commission of the criminal activity. (3-50)
opportunity factor
Any kind of object associated with the investigation, but it must be a tangible item. (3-53)
physical evidence
This investigation involves the first exposure of the criminal offense to the investigative efforts. (3-56)
preliminary investigation
When law enforcement officers are aware of facts and circumstances that would be suspicious to a person of reasonable and prudent caution, action may be taken to obtain evidence. (3-55)
probable cause
Words or statements made during the commission of an offense. (3-54)
res gestae declarations
Allows the defendant, through the actions of an attorney, to examine documents, reports, and other types of information in the possession of the police and prosecution. (3-54)
rule of discovery
A written court order directing the police to search premises or vehicles for specific types of incriminating evidence. (3-55)
search warrant
A method of determining if a specific investigation warrants further investigative efforts by examining the presence or absence of common indicators of a successful case solution. (3-60)
solvability factors
Evidence must be competent, relevant, and material to be held admissible.
tests of suitability
An orderly method of arriving at a conclusion based upon logic and progressive reasoning.
scientific method
Indirect evidence is also known as? (3-52)
circumstantial evidence
Real evidence is also known as what? (3-53)
physical evidence
Evidence that need not be the actual item but an acceptable representation of it. (3-53)
Documentary evidence
Responsible evidence, sufficient to prove a fact has a bearing on the case. (3-53)
Competent evidence
Evidence which is pertinent and relates directly to the matter under consideration. (3-53)
Relevant evidence
Evidence which has a logical connection with the issue under investigation and has a bearing on the determination of the truth. (3-53)
Material evidence
The investigation of criminal offenses by the police can be divided into what three general phases? (3-56)
Preliminary, in-depth, and concluding investigations