LECTURE 1 Flashcards

1
Q

It is an art which deals with the identity and location of the offender and provides evidence of guilt through criminal proceedings.

A

Criminal Investigation

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2
Q

It is the systematic method of inquiry that is more a science than an art.

A

Criminal Investigation

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3
Q

It is the collection of facts to accomplish a three-fold aim

A

Investigation

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4
Q

What are the 3 fold aim?

A

a. to identify the guilty party;

b. to locate the guilty party

c. to provide evidence of his guilt.

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5
Q

the person who is charged with the duty of carrying out the objectives of criminal investigation

A

Investigator

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6
Q

Deals with the study of major crimes based on the application of special investigative techniques.

A

Special Crime Investigation

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7
Q

The study concentrates more on physical evidence.

A

Special Crime Investigation

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8
Q

What are the duties of Criminal Investigator?

A
  1. Establish that, in fact, a crime was committed under the law.
  2. Identify and apprehend the suspect.
  3. To recover stolen property.
  4. To assist the state in prosecuting the party charged with the offense
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9
Q

What are the 6 Cardinal Points of Investigation?

A

What, Where, When, Whom, Why, How)

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10
Q

What are the qualities of a good investigator?

A
  1. Perseverance
  2. Intelligence
  3. Honest
  4. Understanding of the people and environment
  5. Keen power of observation
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11
Q

He was a master criminal who became London’s most effective criminal investigator.

A

JONATHAN WILD

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12
Q

The famous thief catcher in 1720s

A

Jonathan Wild

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13
Q

He made popular the idea of employing a thief to catch a thief. Thus, making him the most famous Thief-Catcher in 1720s

A

Jonathan Wild

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14
Q

He conceived the idea of charging a fee for locating and returning stolen property to its rightful owners.

A

Jonathan Wild

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15
Q

He was the creator of the BOW STREET RUNNERS while he was the magistrate; he formed a group of police officers attached to the Bow Street Court, and not in uniform, performing criminal investigative functions.

A

Henry Fielding

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16
Q

His investigators were then called Bow Street Runners and became quite effective because of his personal guidance despite the fact that he was blind.

A

SIR JOHN FIELDING

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17
Q

He introduced the practice of developing paid informants, printing wanted notices, employing criminal raids, and bearing firearms and handcuffs.

A

Sir John Fielding

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18
Q

The US CONGRESS created the office of the GENERAL AND REVENUE CUTTER SERVICE. This is the first organized federal law enforcement and investigative effort made by the US government.

A

1759 USA

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19
Q

A prominent London president who proposed the unique idea of creating sizeable uniformed force to police the city of London in order to remedy the public outcry concerning the alarming increase of criminality during the early 1800s.

A

PATRICK COLQUHOUN

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20
Q

His proposal was considered too radical and was dismissed by the Royal Court.

A

PATRICK COLQUHOUN

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21
Q

He was a criminal who turned Paris Investigator. He is a former convict who became a notorious thief-catcher in France.

A

Eugene Francois Vidocq

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22
Q

He is credited as the founder of LA SURETE, France‟s national detective organization and He made popular the concept of “SET A THIEF TO CATCH A THIEF”.

A

Eugene Francoi Vidocq

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23
Q

He introduced the concept of „TRADE PROTECTION SOCIETY‟, which is a forerunner of our present-day credit card system. He also He created a squad of ex-convicts to aid the Paris police in crime investigation.

A

Eugene Francois Vidocq

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24
Q

The founder and chief organizer of the London Metropolitan Police – the SCOTLAND YARD.

A

Sir Robert Peels

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25
He reiterated the idea of creating sizeable police force in his recommendations, which lead to the passage of the Metropolitan Police Act.
Sir Robert Peels
26
Which act had a tremendous impact on the history of criminal justice in general, and on the development of criminal investigation specifically.
Metropolitan Police Act
27
He introduced the techniques of detecting crimes such as: detectives concealing themselves, and secretly photographing and recording conversations.
Sir Robert Peels
28
The Scotland Yard employed the first undercover officer
1833, England
29
This was organized as the first law enforcement agency with statewide investigative authority, the forerunner of the Federal Bureau of Investigation.
Texas Rangers, 1835, USA
30
The birth year of Photography
1839
31
He explained a photographic process he had invented to the Royal Society of London
William Henry Fox Talbot
32
He gave a public demonstration in Paris of his discovery - a photographic process he developed in collaboration with NICEPHORE NIEPCE.
Jacques Mande Daguerre
33
The year the Scotland Yard created the first FULL-TIME INVESTIGATIVE, which is a forerunner to the Criminal Investigation Division of Scotland Yard.
1842
34
Multi-suspect ID LINE-UP is employed in the first time.
1851, Boston, Massachusetts, USA
35
Through his story entitled BLEAK HOUSE, he introduced the term DETECTIVE to the English language.
Charles Dickens (1852)
36
America's most famous private investigator and founder of Criminal Investigation in USA. He established the practice of handwriting examination in American courts and promoted a plan to centralize criminal identification records.
Allan Pinkerton (1852)
37
The first woman detective in the history of criminal investigation, hired by the Pinkerton Agency.
Kate Wayne (1856)
38
Appellate courts recognized/accepted photographs as admissible evidences when they are relevant and properly verified.
1859
39
US SECRET SERVICE was founded to investigate counterfeiting activity in post-civil war America.
1865
40
A New York Chief of Detectives introduced the MODUS OPERANDI FILE.
Inspector Thomas Byrnes (1866)
41
They made the first bank hold-up (The County Savings Association) which mark the beginning of the gang's 15-year hold-up and robbery spree
The Jesse James Gang (1866)
42
Headed the newly organized CRIMINAL INVESTIGATION DEPARTMENT in Scotland Yard.
Howard Vincent (1877)
43
A French Police Clerk who introduced and established the first systematic identification system based on ANTHROPOMETRICAL SIGNALMENT (1882)
Alphonse Bertillon
44
He is considered as the FOUNDER OF CRIMINAL IDENTIFICATION.
Alphonse Bertillon (1882)
45
The Chicago Police Department established the first American Criminal Identification Bureau.
1884, Chicago, USA
46
He popularized the Scientific Criminal Investigation by creating the fictional detective SHERLOCK HOLMES and his friend Dr. WATSON. Holmes was featured in 6 short stories and 4 novels.
Sir Arthur Conan Doyle (1887)
47
An Englishman who published his study on classifying fingerprints. While other scientists were studying fingerprints in their biological nature, he recognized their uniqueness and potentiality/significance in criminal identification.
Francis Galton (1892, England)
48
An Englishman who published a handbook for Examining Magistrates in Munich, Germany and advocated the use of scientific methods in criminal investigation process.
Hans Gross (1839, Germany)
49
Team policing was introduced.
1948, Aberdeen, Scotland
50
In this concept, there is no patrol division or criminal investigation per se. In this system, a team of police officers is assigned to patrol and investigate all criminal matters within their area of jurisdiction or district. It requires that police officers who respond to a call regarding a criminal case should investigate the case to its conclusion.
Team Policing
51
Best known American criminalist who headed the Department of Criminalistics as the University of California, USA.
Dr. Paul Kirk (1954, USA)
52
The Supreme Court ruled the illegally obtained evidence is inadmissible in state criminal prosecutions.
Mapp VS Ohio (1961, USA)
53
Office of Law Enforcement Assistance (forerunner of the Law Enforcement Assistance Administration – LEAA) was established to fund and coordinate administration, research and training in criminal justice.
1965, USA
54
The US Supreme Court established procedural guidelines for taking criminal confessions.
Miranda VS Arizona (1966, USA)
55
Organized for the purpose of carrying out the policies or regulations of the Spanish government. The members were armed and considered as the mounted police. Later, they discharge the duties of a part, harbor, and a river police.
Carabineros de seguridad publico (1712)
56
A body of rural police organized in each town, which was established by the Royal Decree of January 8, 1836. This police force was composed of 5% of the able-bodied inhabitants in each town or province, and each member will serve for at least 3 years.
Guardrilleros (1836)
57
An organization created by the Royal Decree issued by the Spanish Crown Government on February 12, 1852. It relieved the Spanish Peninsular Troops of their works in policing towns. It consisted of a body of Filipino policemen organized originally in each of the provincial capitals of the Central provinces of Luzon under the command of Alcalde (Governor).
Guardia Civil (1852)
58
Established during the Filipino-American War (1898-1901) upon the recommendation of the American Commission to the Secretary of War.
Insular Police Force (Nov. 30, 1980)
59
The act establishing the Insular Police Force which was titled as “AN ACT PROVIDING FOR THE ORGANIZATION AND GOVERNMENT OF AN INSULAR CONSTABULARY”. The organic act creating the Philippine Constabulary.
Act #175 (July 18, 1901)
60
The law which established the Philippine Constabulary REVISED ADMINISTRATIVE CODE OF 1917, Section 825: The law stated that the Philippine Constabulary is a national Police Institution for preserving the peace, keeping the order and enforcing the law.
Act #255 (Oct. 3, 1901)
61
The law otherwise known as the POLICE ACT OF 1966, It created the Office of the Police Commission which was later called National Police Commission (NAPOLCOM).
RA #4864 (Sept. 8, 1966)
62
The law which stipulated that the office of the NAPOLCOM was under the office of the Ministry of the National Defense. It defined also the relationship between the Integrated National Police and the Philippine Constabulary.
PD #765 (Aug. 8, 1975)
63
The law provides that: “In all criminal prosecutors, the accused shall…. Enjoy the right to be heard by himself and counsel……”. Criminal prosecution was however interpreted by the court in US vs Beechman (25 Phil 25,1972) to mean the proceeding at the trial court from arraignment to rendition of judgment.
1935 PHILIPPINE CONTITUTION, Article III, Section 17 (1)
64
“No person shall be compelled to be a witness against himself. Any person under investigation for the commission of an offense shall have the right to remain silent and to counsel, and to be informed of such right. No force, violence, threat, intimidation nor any means, which vitiate the free will, shall be used against him. Any confession obtained in the violation of this section shall be inadmissible as evidence. The warning of the right to remain silent must be accompanied by the explanation that anything said can and will be used against the individual in court. This warning is needed in order to make him aware not only of the privilege, but also of the consequences of forgetting it. (People vs. Duero, 104 SCRA 379, 1981)
1973 PHILIPPINE CONSTITUTION, Article III, Section 20
65
The ruling in this case makes it clear that the MIRANDA WARNING as it is generally called have to be made so that a confession can be admitted. Therefore, while upon police custody for investigation, the accused must be appraised of his: 1. Right to remain silent 2. Right to talk to a lawyer, a relative, or a friend, and have a lawyer ready and a friend present while he is being questioned. 3. Right to the appointment of a lawyer if he cannot afford one.
1983 – MORALES vs. JUAN PONCE ENRILE
66
The right to a counsel maybe waived but the waiver, to be valid, must be made with assistance of a counsel. 1987 PHILIPPINE CONSTITUTION, Article III, Section 12 (1)
1985 – PEOPLE vs. GALIT
67
“No member of the armed forces in the active services shall, at any time, be appointed for designated in any capacity to a civilian position in the Government including government owned or controlled corporation, or any of their subsidiaries.”
Article XVI, Section 5(4)
68
“The State establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a National Police Commission. The authority of local executives over the police units in their jurisdiction shall be provided by law.”
Article XVI, Section 6
69
Philippine National Police (PNP) together with BFP and BJMP organization
1990, RA 6975 - DILG ACT
70
PNP Reform and Reorganization Act
1998, RA 8551