Deception Detection, Penalties, Evidence, Preservation, Confession Flashcards
Name examples of deception detection that record psycho-physiological response
use of polygraph, use of word association test, use of pyschological stress evaluator
This method of detection of deception uses administration of truth serum, narcoanalysis, and intoxucation
“inhibit the inhibitor”
A type of questioning where the questions have no bearing to the case under investigation
“irrelevant questions”
This supplementary test may be given if the subject is not yet informed if the details of the offense. A truthful subject will respond by not building up tension
Peak-of-tension test
This type of supplementary test is applied when the response to relevant and control questions are similar in degree and consistencey
Guilt complex test
This detects, measures, and graphically displays voice modulations that we cannot hear
Psychological stress evaluator
This drug is given hypodermically to induce a state of delirium. The drug acts as a depressant on the nervous system. Also called the truth serum.
hyoscine hydrobromide
This method is the same as the administration of truth serum. Its just that the drug used in psychiatric sodium amytal or sodium pentothal.
Narcoanalysis or narcosynthesis
Cite examples of signs and symptoms of guilt
sweating, flushed face, dryness of mouth, excessive activity of adams apple, fidgeting, “peculiar feeling inside”, swearing to the truthfulness, “spotless past record”, inability to look at the investigator, “not that I remember expression:
Retroactive effect of law can be done only if it is ____
curative
[Penalties]
Reclusion perpetua
20 years and 1 day to 40 years
[Penalties]
Reclusion temporal
12 years and 1 day to 20 years
[Penalties]
Prision mayor
6 years and 1 day to 12 years
[Penalties]
Prision correcional
6 months and 1 day to 6 years
[Penalties]
Destierro
Banishment within 25km from actual residence
[Penalties]
Arresto mayor
1 month and 1 day to 6 months
[Penalties]
Arresto menor
1 day to 30 days
[Types of medical evidence]
evidence perceived by the senses except indecency or impropriety
Autotopic or real evidence
[Types of medical evidence]
given orally and expressed under oath
Testimonial evidence
[Types of medical evidence]
witness is allowed to confirm or corroborate the alligation
Experimental evidence
[Types of medical evidence: Documentary evidence]
Substitutionary evidence which is admissible only when the best evidence or original document is not available
Secondary evidence
[Types of medical evidence: Documentary evidence]
are oral evidence that is not admissible to vary, modify, or contradict best evidence
Parole evidence role
[Types of medical evidence]
article and materials which are found in connection with the investigation
Physical evidence
[Types of medical evidence: Physical evidence]
___ objects or substances which may be part of the body crime. Proves that the crime existed
Corpus delicti
[Types of medical evidence: Physical evidence]
____ evidence link the suspect to the crime.
Associative evidence
[Types of medical evidence: Physical evidence]
___ evidence assist the investigator
Tracing evidence
[Types of medical evidence: Physical evidence]
Objects or substances, proves that the crime existed
Corpus delicti
[Types of medical evidence: Physical evidence]
link the suspect to the crime
associative evidence
[Types of medical evidence: Physical evidence]
assist the investigator
tracing evidence
[Methods of preservation]
miniature level
manikin methid
[Evidence necessary for conviction]
proves the fact in dispute without the aid of any inference
Direct evidence
[Evidence necessary for conviction]
Proof of facts or fact from which taken either singly or collectively,
may infer as necessary or probable consequence
Circumstantial evidence
[Weight and sufficiency
of evidence]
preponderance of evidence is for
civil cases
[Weight and sufficiency of evidence]
the defendant is entitled to an aaquittal, unless guilt is proven beyond reasonable doubt
Criminal case
[Detection Deception]
a list of stimulus and non-stimulus words are used; instructed to answer as quickly as possible
word association test
[Detection Deception: Use of drug]
truth serum is made of
Hyoscine hydrobromide (given hypodermically)
[Detection Deception: Use of drug]
commonly used drug for narcosynthesis
sodium amytal or sodium pentothal
[Types of criminal offenders]
commit crime in an impulsive manner
Active Aggressive Offenders
[Types of criminal offenders]
commit crime because of inducement, promise or reward
Passive inadequate offenders
[Types of criminal offenders]
Commit crime with motive or intention
Rational offenders
[Types of criminal offenders]
commit crime without knowing the nature and quality of his act
Irrational Offenders
[Types of criminal offenders]
lowest form of criminal career, lack the capacity to avoid arrest
Ordinary offenders
[Types of criminal offenders]
pick-pocketing, shoplifting
Professional offender
[Types of criminal offenders]
crime of passion, anger and revenge
Emotional
[Types of criminal offenders]
commit crimes for financial gain and recidivist
non-emotional
[Confession]
made outside the court, not be sufficient ground for conviction
Extrajudicial confession
[Confession]
confession accused in court;
Judicial confession
Reduces the punishment by degree
[Homicide vs Murder]
You are reckless, careless or negligent and your negligence is inexcusable or unjustified
Reckless imprudence resulting in homicide
Prison term: 4 years and 2 months
[Homicide vs Murder]
sinadya
Plain and simple homicide
Prison term: 6 years and 1 day up to 12 years
[Homicide vs Murder]
What would qualify homicide to be upgraded to murder
aggravating circumstances
[Homicide vs Murder]
What are aggravating circumstances to upgrade homicide to murder
- Treachery
- Use of superior force and night time
- Done during a shipwreck, conflagration, epidemic
- Committed in the presence of the chief executive
- Adding insult to injury
- In consideration of a price, reward or promise
[Sex crimes]
____ virginity; not knowing the nature of sexual life, below age of puberty
Moral virginity
[Sex crimes]
___
condition of a woman who permits any form of sexual liberties as long as they abstain from rupturing the hymen by sexual act
Demi verginity
[Sex crimes]
a truly virgin woman
virgo intacta
[Sex crimes: Physical Virginity]
hymen is intact, opening small barely admit tip
True physical virginity
[Sex crimes: Physical Virginity]
hymen unruptured but orifice is wide and elastic to admit 2 or more fingers
False physical virginity
[Hymen laceration]
< 1/2 of the hymen
superficial
[Hymen laceration]
> 1/2 but not reaching the base
deep
[Hymen laceration]
beyond the base
complete
[Hymen laceration]
beyond the vaginal canal
compound/ complicated
RA ___ discussing marital rape
RA 9262
[Rape]
age cut off for statutory rape
<12 years old
What are the instances when rape is punishable by death
- Victim becomes insane
- Rate is attempted or frustrated
- When homicide is committed
What are the instances that rape is punishable by reclusion perpetua?
- Rape is committed with the use of a deadly weapon or by 2 or more persons
- When victim has become insane (reclusion perpetua to death)
- When the rape is attempted, homicide is committed
- Homicide is commited
What are the aggravating circumstances when rape is punishable with death penalty?
- Victim <18 y/o and the offender is a parent, step-parent, guardian, relative consanguinity or affinity
- Victim is under the custody of the military
- Conducted in full view of the spouse or relative
- Religious engaged in legitimate religious vocation
- Victim < 7 years old
- Offender knows he has HIV and STF
- Committed by AFP, PNP
- victim suffered permanent physical mutilation or disability
- Offender is pregnant
- offender know mental disability
[Examination for seminal fluid: microchemical tests]
specific for spermatic fluid
Berberio test
[Examination for seminal fluid: microchemical tests]
conclusive of the presence of the semen
acid phosphatase test
[Examination for seminal fluid: microchemical tests]
Best way to stain spermatozoa in india
Ganguli method
[Examination for seminal fluid: microchemical tests]
test to know whether the semen is of human origin or not
Precipitin test
[Seduction]
single or widow of good reputation, over 12 but under 19 years old, committed by means of deceit
Simple seduction
Virginity is not an elemnt
[Seduction]
seduction of a virgin over 12 and under 18 years of age; committed by a person in public authority, priest, house servant, domestic, guardian or any person
qualified sediction
[Seduction]
is virginity needed in incestuous seduction?
No!
What are element to say that acts os lasciviousness was done
- Using force and intimidation
- Depriving her of her reasons or otherwise unconscious
- < 12 years old
- Offended party must be a person of the other sex
[Abduction]
Abducted is woman, abduction is against her will, abduction is lewd design
Forcible abduction
[Abduction]
Offended party must be a virgin, over 12 but under 18, carrying away of the offended party with her consent, taking away is with lewd design
Consented Abduction
[Adultery and Concubinage]
what is the punishment for a male who committed concubinage?
6 years imprisonment
[Adultery and Concubinage]
what is the punishment for the concubine
destiero
Who can be charged of Abuse against chastity?
- Public officer who shall solicit or make immoral or indecent advances to a woman
- Warden or public officer directly charged with the custody and care of prisoners
- solicit to propose earnestly and persistently something immoral or indecent
[Unnatural Sexual Offenses]
acts are highly scandalous, offending agains decency and good customs; committed in a public place
Grave scandal
[Unnatural Sexual Offenses]
publicly expound, proclaim doctrines openly contrary to public morals
Immoral doctrines, obscene, publications and exhibition
___ pain or cruel act as a factor for gratification
Algolagnia (sadomasochism)
___need to use obscene language to be aroused
coprolalia
