CRIMINAL INVESTIGATION MIDTERM Flashcards
KINDS OF CONFESSION
Voluntary Confession
Involuntary Confession
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.
Voluntary Confession
those confessions obtained through force, threat, intimidation, duress and or anything that influence the act of the confessor.
Involuntary Confession
two types of Confession:
Judicial and Extrajudicial.
. 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)
Judicial confession
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.
extra-judicial confession
General Rule
The extrajudicial confession of an accused is binding only upon himself and is not admissible against his co-accused.
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.
admission
is one made in express terms in definite, certain and unequivocal language.
Express admission
are those who may be inferred from the acts, declaration or omission of a party.
Implied admissions
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.
JUDICIAL ADMISSION
is a part of communication and a form of social behavior which is involved in interacting with others.
Lying
means saying a statement that he/she knows themselves as false to others to whom he/she want to perceive it as true
Lying
the act of causing someone to accept as true or valid what is false or invalid
Deception
As scientific lie
detection is now included as one of the areas of forensic science.
Lie detection
Lie detection is also called .
Deception and scientific Truth Verification
Forensic lie detection is better known as
Forensic psychophysiology.
is a lie detection method primarily and extensively utilizes the combined knowledge of psychology and physiology.
Psychophysiology
is the most popular field of forensic psychophysiology according to Dr. William J. Yankee of the Department of Defense Polygraph Institute (DoDPI).
Polygraph method
is one of the most complex psychophysiological examinations ever developed. (Matte 1996)
Polygraph examination
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.
The field of PSYCHOPHYSIOLOGY
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.
The Nervous System
consists of the brain and spinal cord.
CENTRAL NERVOUS SYSTEM (CNS)
includes all neural tissue outside the central
nervous system.
PERIPHERAL NERVOUS SYSTEM (PNS)
-controls voluntary motor commands such as moving muscles to walk or talk.
Somatic Nervous System
. -controls involuntary motor commands such as
digestion and heartbeat.
Autonomic Nervous System
The autonomic nervous system which acts as a self-regulating response of the body,
is further divided into two branches
Sympathetic Nervous System
Parasympathetic nervous system
-also called the flight or fight mechanism, increases alertness stimulates the tissue and prepares the body for quick response to unusual situations.
Sympathetic nervous system
also called the rest and repose system, conserves energy and controls sedentary activities such as digestion.
is the study of lie detection, the methods, techniques and use of a .
POLYGRAPHY
is the machine/instrument, either ANALOG or Computerized Polygraph System (CPS).
POLYGRAPH
The word POLYGRAPH was derived from the two Greek words:
POLY (many or more) and GRAPHOS (writings).
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.
Pneumograph/ Respiratory Rate
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.
Galvanograph/ Electro-dermal activity
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.
Cardiosphymograph /Blood pressure/heart rate
- 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.
Pretest
- 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.
In-test
- 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.
Post-test
- The response of a truthful person is determined to be
deceptive. (The subject told the truth but the polygraph result tells that he lied.)
False positive
- 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)
False negative
are questions used in PE that are related to the crime under investigation
Relevant Questions
are questions in PE that are NOT related to the case under investigation
Irrelevant or Neutral Questions
–intended to arouse the subject in incriminating proof that would tend to establish his guilt
Evidence Connecting Questions
–used to determine whether the subject knows any info related to the crime
Knowledge Questions
are asked before asking the first relevant question.
Sacrifice or DYAT Questions
are asked to determine
OUTSIDE FACTORS which are not under investigation.
Symptomatic Questions
are NOT RELATED to the crime under investigation BUT SIMILAR in nature to the crime under investigation.
Control or Comparison Questions
are used to verify the previous charts to detect indirect participation of subject
Sky Questions
isthe 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.
The Daubert standard
–unusual sweating; sweating hands indicate tension. Sweating of the upper lips.
Sweating
– A flushed face indicates anger, shame or embarrassment but not necessarily guilt. A pale face is a more reliable sign of guilt.
Color Change
– 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.
Dry Mouth
– An increase in the rate of heart beat is indicative of deception. The pulse beat is observable at times in the neck.
Pulse
– Deception is indicated
by an effort to control breathing during critical questions.
Breathing
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.
Will not answer Yes or No Question
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.
An Unusual Smile
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.
Excessive Fidgeting
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.
Controlled Body movements
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.
Covering Face
The latency between when you ask a question and their response. Unusual pause before answering to collect their thoughts.
Pause between Question and Answer
They don’t say “I” when telling their answers.
Speaking in 2nd and 3rd person
There’s incongruence when they nod their head and answer the question. If a person says yes but shakes their head no.
Incongruence between gestures and statement
When there’s something making them, uncomfortable there is a physiological response in their voices. An unusual l rise or fall in vocal tone.
Voice Cracks
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.
TRIAL BY ORDEAL
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.
ORDEAL BY COMBAT
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.
Ordeal of Heat and Fire
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.
Ordeal of Hot Water
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.
Red Hot Iron Ordeal
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.
Ordeal of Cold Water
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.
. Ordeal of Rice Chewing
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.
Ordeal of Red Water (Food and Drink Ordeal)
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.
The Test of the Candle
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.
The Test of the Axe
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.
The test of candle
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.
Donkey’s tail (Ash tail) Ordeal)
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.
The “Hereditary Sieve”
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.
White Lie
made by a person who cannot distinguish lies from the truth
Pathological Lie
communist Lies or propaganda to discredit the government
Red Lie
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.
Black lie
lies intended to mislead or obstruct justice, fabricated statements as bases in rendering justice.
Judicial or Malicious Lie
