CRIMINAL INVESTIGATION MIDTERM

Question 1

KINDS OF CONFESSION

Answer 1

Voluntary Confession
Involuntary Confession

Question 2

for purposes of confession, means the accused speaks of his free will and accord, without the inducement of any kind, and with a full and complete knowledge of the nature and consequences of the confession.

Answer 2

Voluntary Confession

Question 3

those confessions obtained through force, threat, intimidation, duress and or anything that influence the act of the confessor.

Answer 3

Involuntary Confession

Question 4

two types of Confession:

Answer 4

Judicial and Extrajudicial.

Question 5

. is one made before a committing magistrate or in open court to an indictment or an information when the accused is arraigned for trial. Some courts limit the term “Judicial confession” to the plea of guilty made by the accused. (20 Am Jur., p. 478)

Answer 5

Judicial confession

Question 6

Is a declaration made voluntarily and without compulsion or inducement by a person under custodial investigation, stating or acknowledging that he had committed or participated in the commission of a crime.

Answer 6

extra-judicial confession

Question 7

General Rule

Answer 7

The extrajudicial confession of an accused is binding only upon himself and is not admissible against his co-accused.

Question 8

is voluntary acknowledgement in express term or by implication, by a party in interest or by another whose statement is legally bound, against his interest or the existence or truth of a fact in dispute material to the issue.

Answer 8

admission

Question 9

is one made in express terms in definite, certain and unequivocal language.

Answer 9

Express admission

Question 10

are those who may be inferred from the acts, declaration or omission of a party.

Answer 10

Implied admissions

Question 11

It is an admission, verbal or written, made by a party in the course of the proceedings in the same case, which does not require proof.

Answer 11

JUDICIAL ADMISSION

Question 12

is a part of communication and a form of social behavior which is involved in interacting with others.

Answer 12

Lying

Question 13

means saying a statement that he/she knows themselves as false to others to whom he/she want to perceive it as true

Answer 13

Lying

Question 14

the act of causing someone to accept as true or valid what is false or invalid

Answer 14

Deception

Question 15

As scientific lie
detection is now included as one of the areas of forensic science.

Answer 15

Lie detection

Question 16

Lie detection is also called .

Answer 16

Deception and scientific Truth Verification

Question 17

Forensic lie detection is better known as

Answer 17

Forensic psychophysiology.

Question 18

is a lie detection method primarily and extensively utilizes the combined knowledge of psychology and physiology.

Answer 18

Psychophysiology

Question 19

is the most popular field of forensic psychophysiology according to Dr. William J. Yankee of the Department of Defense Polygraph Institute (DoDPI).

Answer 19

Polygraph method

Question 20

is one of the most complex psychophysiological examinations ever developed. (Matte 1996)

Answer 20

Polygraph examination

Question 21

is focused on studying the functions of human nervous system and the bodily reactions of the body of a person as influence by his mental responses to specific stimulus. In simpler words, it is a field of science dealing with the relationship between psychology and physiology.

Answer 21

The field of PSYCHOPHYSIOLOGY

Question 22

It is a complex combination of cells whose primary function is to allow an organism to gain information about what is going on inside and outside the body and to respond appropriately.

Answer 22

The Nervous System

Question 23

consists of the brain and spinal cord.

Answer 23

CENTRAL NERVOUS SYSTEM (CNS)

Question 24

includes all neural tissue outside the central
nervous system.

Answer 24

PERIPHERAL NERVOUS SYSTEM (PNS)

Question 25

-controls voluntary motor commands such as moving muscles to walk or talk.

Answer 25

Somatic Nervous System

Question 26

. -controls involuntary motor commands such as digestion and heartbeat.

Answer 26

Autonomic Nervous System

Question 27

The autonomic nervous system which acts as a self-regulating response of the body, is further divided into two branches

Answer 27

Sympathetic Nervous System Parasympathetic nervous system

Question 28

-also called the flight or fight mechanism, increases alertness stimulates the tissue and prepares the body for quick response to unusual situations.

Answer 28

Sympathetic nervous system

Question 29

also called the rest and repose system, conserves energy and controls sedentary activities such as digestion.

Question 30

is the study of lie detection, the methods, techniques and use of a .

Answer 30

POLYGRAPHY

Question 31

is the machine/instrument, either ANALOG or Computerized Polygraph System (CPS).

Answer 31

POLYGRAPH

Question 32

The word POLYGRAPH was derived from the two Greek words:

Answer 32

POLY (many or more) and GRAPHOS (writings).

Question 33

Records breathing changes of subject. Is composed of: Pneumo1 (thoracic part) –chest assembly Pneumo2 (abdomen) –abdominal assembly Tracings are located at 1st and 2nd lines of tracings. Note: inhalation ad expiration is one respiratory cycle.

Answer 33

Pneumograph/ Respiratory Rate

Question 34

a. Records the skin resistance or the sweat activity. b. Finger electrodes are attached with the index and ring finger (opposite hand where the BP Cuff is attached) c. Tracing is located 3rdfrom top on the Chart. d. Has the longest pen of 6-7 inches.

Answer 34

Galvanograph/ Electro-dermal activity

Question 35

a. Records heart beats, Blood Pressure and Pulse Rate. b. Cuff is used attached around the subject’s arm and must be centered on the Brachial Artery about 1 inch above the elbow. c. If my BP is 120/90, my 120 is the systolic and 90 is the diastolic. d. Tracing on chart paper is located at bottom part.e. Pen is 5 inches long.

Answer 35

Cardiosphymograph /Blood pressure/heart rate

Question 36

- This consists of an interview between the examiner and examinee, where the two individuals get to learn about each other. This may last about one hour. At this point, the examiner gets the examinee's side of the story concerning the events under investigation. While the subject is sitting there answering questions, the examiner also profiles the examinee. The examiner wants to see how the subject responds to questions and processes information.

Answer 36

Pretest

Question 37

- The actual exam is given. The examiner asks 10 or 11 questions, only three of four of which are relevant to the issue or crime being investigated. The other questions are control questions.

Answer 37

In-test

Question 38

- The examiner analyses the data of physiological responses and makes a determination regarding whether the person has been deceptive. If there are significant fluctuations that show up in the results, this may signal that the subject has been deceptive, especially if the person displayed similar responses to a question that was asked repeatedly.

Answer 38

Post-test

Question 39

- The response of a truthful person is determined to be deceptive. (The subject told the truth but the polygraph result tells that he lied.)

Answer 39

False positive

Question 40

- The response of a deceptive person is determined to be truthful. (The subject did not tell the truth but the polygraph result tells that he told the truth)

Answer 40

False negative

Question 41

are questions used in PE that are related to the crime under investigation

Answer 41

Relevant Questions

Question 42

are questions in PE that are NOT related to the case under investigation

Answer 42

Irrelevant or Neutral Questions

Question 43

–intended to arouse the subject in incriminating proof that would tend to establish his guilt

Answer 43

Evidence Connecting Questions

Question 44

–used to determine whether the subject knows any info related to the crime

Answer 44

Knowledge Questions

Question 45

are asked before asking the first relevant question.

Answer 45

Sacrifice or DYAT Questions

Question 46

are asked to determine OUTSIDE FACTORS which are not under investigation.

Answer 46

Symptomatic Questions

Question 47

are NOT RELATED to the crime under investigation BUT SIMILAR in nature to the crime under investigation.

Answer 47

Control or Comparison Questions

Question 48

are used to verify the previous charts to detect indirect participation of subject

Answer 48

Sky Questions

Question 49

is the standard used by a trial judge to assess whether an expert witness's scientific testimony is based on scientifically valid reasoning which can properly be applied to the facts at issue.

Answer 49

The Daubert standard

Question 50

–unusual sweating; sweating hands indicate tension. Sweating of the upper lips.

Answer 50

Sweating

Question 51

– A flushed face indicates anger, shame or embarrassment but not necessarily guilt. A pale face is a more reliable sign of guilt.

Answer 51

Color Change

Question 52

– Great nervous tension is present. This is considered as a reliable symptom of deception. Unusual swallowing and thirst are indications of dryness of the mouth.

Answer 52

Dry Mouth

Question 53

– An increase in the rate of heart beat is indicative of deception. The pulse beat is observable at times in the neck.

Answer 53

Pulse

Question 54

– Deception is indicated by an effort to control breathing during critical questions.

Answer 54

Breathing

Question 55

The subject will start to talk in a very long circle and on a simple yes-or-no question so you ask a yes or no and you look at them in the eyes they will look away.

Answer 55

Will not answer Yes or No Question

Question 56

When the subject is being less than honest, they have a weird creepy smile on their face that’s entirely fake and at the wrong time.

Answer 56

An Unusual Smile

Question 57

When the subject gets uncomfortable, they often start to cross their arms and hunched their shoulders a little bit. At times bite their fingernails. They may be unconsciously trying to calm that anxiety response or at least get the blood flowing back to their extremities, all of which could point to nervousness about telling a lie.

Answer 57

Excessive Fidgeting

Question 58

Body movements and facial expressions appear more controlled and stiffer than usual. Someone who often struggles to maintain eye contact during conversations suddenly leave their eyes fixated on you. They are taking extra-caution to not appear suspicious.

Answer 58

Controlled Body movements

Question 59

They unconsciously covering their mouths or face, they could be smiling under it or they could be looking upset or they’re covering some part of their face because they’re aware they have micro expressions.

Answer 59

Covering Face

Question 60

The latency between when you ask a question and their response. Unusual pause before answering to collect their thoughts.

Answer 60

Pause between Question and Answer

Question 61

They don’t say “I” when telling their answers.

Answer 61

Speaking in 2nd and 3rd person

Question 62

There’s incongruence when they nod their head and answer the question. If a person says yes but shakes their head no.

Answer 62

Incongruence between gestures and statement

Question 63

When there’s something making them, uncomfortable there is a physiological response in their voices. An unusual l rise or fall in vocal tone.

Answer 63

Voice Cracks

Question 64

was an ancient judicial practice by which the guilt or innocence of the accused was determined by subjecting them to a painful, or at least an unpleasant, usually dangerous experience. The belief was that an innocent person (protected by God) would emerge unharmed while a guilty person would die a painful death.

Answer 64

TRIAL BY ORDEAL

Question 65

When two people were in dispute, the way to settle who was guilty and who was not was The two would engage in a duel. The winner was believed to be innocent because he did not win by his own strength but by divine intervention. God sided with the righteous person.

Answer 65

ORDEAL BY COMBAT

Question 66

in this test the suspect walked a certain distance, usually nine feet, over red-hot plowshares or holding a red-hot iron. In extreme cases, innocence was proven when the accused was not harmed in the slightest.

Answer 66

Ordeal of Heat and Fire

Question 67

this test requires that the water had to be boiled, and the depth from which the stone had to be retrieved was up to the wrist for one accusation, and up to the elbow for three or more accusations.

Answer 67

Ordeal of Hot Water

Question 68

the accused will be required to touch his tongue to an extremely hot metal nine (9) times (un less burned sooner), Once his tongue is burned, he will be adjudged guilty. In some country instead of hot iron, they used a hot needle to tease the lips and once the lips bleed it is an indication of guilt.

Answer 68

Red Hot Iron Ordeal

Question 69

this ordeal has a precedent in the Code of Ur-Nammu and the Code of Hammurabi under which a man accused of sorcery was to be submerged in a stream and acquitted if he survived. In 16th and 17th centuries, ordeal by water was associated with the witch-hunts. Floating is an indication of witchcraft.

Answer 69

Ordeal of Cold Water

Question 70

a method of detecting deception whereby an accused will be required to take rice then spitting them out. The condition of the rice is then used to determine if a person was innocent or guilty of a crime that had been committed.

Answer 70

. Ordeal of Rice Chewing

Question 71

in this method the accused will be required to run fast for twelve (12 hours), take a cup of rice and drink a dark colored water (as much as one gallon). If the concoction was vomited, the accused was pronounced innocent; Otherwise, guilty.

Answer 71

Ordeal of Red Water (Food and Drink Ordeal)

Question 72

the accuse and the accuser stood on either side of a cross and stretched out their hands horizontally. The one to first lower his arms lost.

Answer 72

The Test of the Candle

Question 73

in Greece, a suspended axe was spine in the center of a group of suspects, when the axe stopped, whosoever was in line with the blade was supposed to be the guilty as pointed by divine providence.

Answer 73

The Test of the Axe

Question 74

this ordeal was used in Burma, the accuser and accused were each given identical candles and were lighted at the same time. The candle that burns the longest determines which one is telling the truth.

Answer 74

The test of candle

Question 75

A person suspected of theft is subjected to a test to determine his/her guilt. The suspect is required to enter a dark tent and inside the tent is a donkey. The tail of this donkey is covered with soot. The suspect is told to pull the tail of the donkey. When the suspect comes out with a dirty hand, he is not guilty as he is not afraid to pull the donkeys tail because he did not commit any wrong.

Answer 75

Donkey’s tail (Ash tail) Ordeal)

Question 76

Dr. Hans Gross mentioned this Ordeal in his famous book on Criminal Investigation in which beans were thrown into a sieve as the name of each suspect was called. The deception criteria were described as follows--- “If the bean jumps out of the sieve, the owner of the name pronounced is innocent, if the bean remains in the sieve, the person named is the thief.

Answer 76

The “Hereditary Sieve”

Question 77

is often called the least serious of all lies. People tell white lies claiming to be tactful or polite. Used to maintain the harmony, of friendship, harmony of the home or office. Committed to preserve protect or maintain harmony of friendship or relationship.

Answer 77

White Lie

Question 78

made by a person who cannot distinguish lies from the truth

Answer 78

Pathological Lie

Question 79

communist Lies or propaganda to discredit the government

Answer 79

Red Lie

Question 80

pretension and hypocrisies to destroy someone’s integrity. Extremely hurtful because they lead to rumors that can damage someone else’s reputation. Spreading rumors is not only a lie but is also stealing another’s reputation.

Answer 80

Black lie

Question 81

lies intended to mislead or obstruct justice, fabricated statements as bases in rendering justice.

Answer 81

Judicial or Malicious Lie