CHAPTER 9: CRIMINAL INVESTIGATION Flashcards

1
Q

INVESTIGATION

EG

A

IT REFERS TO THE PROCESS OF COLLECTING INFORMATION IN ORDER TO REACH SOME GOAL
EG
COLLECTING INFO ABOUT THE RELIABILITY AND PERFORMANCE OF A VEHICLE PRIOR TO PURCHASE IN ORDER TO ENHANCE THE LIKELIHOOD OF BUYING A GOOD CAR

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2
Q

INVESTIGATION IN CRIMINAL REALM:

A

A criminal investigation is the collection of information about the crime in order to:

1: Determine if a crime has been committed.
2: Identify the perpetrator.
3: Apprehend the perpetrator.
4: Provide evidence to support a conviction in the court

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3
Q

other outcomes

A

recovering stolen property,
deterring individuals from engaging in criminal behaviour.
satisfying the victims

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4
Q

criminal investigation:

A
a criminal investigation is an applied science that involves the study of facts, used to identify, locate and prove the guilt of an accused criminal.
a complete criminal investigation includes:
searching
interviews
interrogations
collection 
preservation of evidence
and various methods of investigations.
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5
Q

crime and information theory is written by?

A

M.A.P Willmer (Michael Andrew paul)

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6
Q

crime and information theory?

A

the CI process resembles the battle between police and the perpetrator over crime-related information.

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7
Q

perpetrator emits what?

A

signals or evidence (fingerprints, eyewitnesses, murder weapon) which police attempt to collect during investigative activities.

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8
Q

how does perpetrator win?

A

if he can minimize the amount of info available for the police to collect.
or if the police are unable to recognize the info left behind then he will not be recognized and apprehended.
or vice versa

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9
Q

significance of crime and information theory

A

this perspective clearly underscores the importance of information in a criminal investigation.

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10
Q

problems of conducting CI?

A

the relevance of info is often unknown.
not potentially massive amount of info is present.
the info is often incomplete.
info is often inaccurate.

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11
Q

duties of a criminal investigator?

A

looks for clues and evidence to determine whether a crime has taken place.
If a crime has been committed, he has to look into the background of the accused/ and try to uncover who has committed the crime.

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12
Q

types of C Investigators

A

police.
law enforcement agencies.
individuals with the help of professional C Investigators

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13
Q

origin of CI

A

history reveals that CI started during the agricultural and industrial revolution.
it started in England and then spread to other parts of the world like the US.
according to history, urbanization leads to an increase in crime and also brought about the disorder.

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14
Q

who is henry fielding?

A

a thinker who started devising ways of administering justice, when people started complaining about the crime to gov. and gov had to promote justice.

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15
Q

Major roles of CI?

A

history reveals that CI had three major roles:
1: to prevent crime
2: to promote justice
3: to bring order in an otherwise disorderly environment
CI can prevent crime by putting in place measures that will deter individuals from engaging in criminal activities.

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16
Q

major goals of CI?

A

1: the 1st major goal of CI is to find out a way in which justice can be achieved in the event of a crime.
2: CI as formed to ensure that when criminals commit any crime, victims can be assisted by ensuring that the suspects are identified and the criminal will be punished accordingly.
3: to promote justice and to reduce the incidents of crime.
4: by detecting and apprehending criminals, the criminal investigation would help to prevent individuals from engaging in criminal activities.
5: CI has the role of bringing justice to people and deterring crime.

17
Q

the main source of investigation in Pak?

A

police

18
Q

FIR stands for

A

first info report

19
Q

define FIR

A

FIR is a written document prepared by police when they receive info about the commission of a cognizable offence.
it is a report of information that reaches the police first in point of time and that is why it is called the FIR.
it is a statement made soon after the incident when the memory of occurrence is fresh

20
Q

importance of FIR

A

it furnishes the clue of the possible truth of the allegation against the accused
and also cause a firm impression of the prosecution’s case.

21
Q

which law considers the registration of FIR mandatory?

A

record fir of a cognizable case under section 154 crpc

22
Q

steps of investigation

A

1: proceedings to spot observing scene of the crime.
2: Ascertainment of the facts and circumstances of the case.
3: discovery and arrest of the suspected offenders.
4: the collection of evidence; and only an officer-in-charge of the station has jurisdiction to investigate a cognizable offence.
5: submission of the final report to the court in the form of charge sheet along with a list of documents and a memo of evidence against the accused person.

23
Q

3 major sources in which the US’ police suspicion is aroused

A

1: A victim or another witness complains.
2: an officer on patrol observes a crime.
3: police units actively search out a crime.

24
Q

what Does SHO stand for?

who is he?

A

station house officer

head of the police station

25
Q

ASI

A

assistant sub-inspector

26
Q

drawbacks of our police stations

A

1:SHO assigns ASI or SI to conduct investigation they have no proper training or technical experience.
he will conduct an enquiry according to what he has seen during his police’s job and will prepare a report regarding that crime which is called challans
and will submit it to the concerned court.
2: investigators of Pakistan are not mindful that the evidence or the information can be tested in the court

27
Q

myths about the detective investigation work

A

1: CI is exciting and often dangerous.
2: detective work is more imp than patrol work
3: the detective possesses difficult to come by skills and qualifications.
4: a good detective can solve any crime. The police can solve most crimes.

28
Q

systematic CI

A

CI is a systematic step by step process of determining whether or not a crime has been committed, if so, who has committed it?

29
Q

stages of CI

A

1: Detection
2: a preliminary investigation.
3: follow up investigation.
4: re-investigation

30
Q

Detection

A

it is the reality of discovery of a crime.
it is the event which triggers the operation of our criminal justice system.
this occurs when a possible crime is observed by the police or is reported to the police station.

31
Q

preliminary investigation

A

the initial stage of the investigation immediately after the occurrence of the crime.
this is usually done by first responders or patrol officers who take the following preliminary responsibilities:
1: deal with emergencies first
1.1: neutralize all threats
1.2: render aid to the injured.
2: cordon the crime scene
3: record all info and disseminate to available patrol units for possible hot pursuit.
4: wait for detectives.
5: make the initial/spot report

32
Q

follow up investigation

A

after the preliminary investigation, a more thorough investigation is made by the detectives or investigators in order to tie up all the loose ends of the preliminary investigation or build up a stronger case.

33
Q

re-investigation

A

in some cases, re-investigation has resorted to whenever there are fatal errors committed during the earlier investigation which prevent the closure of the case. this usually happens when unethical investigative practices are resorted to.

34
Q

unethical investigative practices

A

torture
planting of evidence
instigation
frame-up (where an innocent person is made to appear responsible for a crime that someone else has committed)
white ash or cover-up (where the officials deny the existence of a crime or any evidence.)

35
Q

types of the criminal investigation

A

1: fraud investigation
2: theft investigation
3: sexual crime investigation
4: assault investigation
5: kidnapping investigation
6: homicide investigation
7: crime scene investigation
8: criminal defence investigation