Criminal Investigation and Related Concepts (Lecture Notes)

A comprehensive set of QA flashcards covering definitions, concepts, and legal provisions related to crime, investigation, and rights from the lecture notes.

What is a criminal?

A person who committed a crime, was arrested, prosecuted, convicted, and sent to prison; or a person who has confessed or been convicted by a court of a violation of criminal law.

What is the general rule about when a person is regarded as a criminal?

No person shall be regarded as a criminal unless he has committed a crime, given due process, and has been found guilty by a competent court.

What is a crime?

An act or omission punishable by law; the law forbids or commands that a crime deserves punishment or penalty.

How are crimes legally classified?

Felony – acts in violation of the Revised Penal Code; Offense – acts in violation of Special Laws; Misdemeanor – acts in violation of city or municipal ordinances.

What is investigation?

The process of conducting an official, detailed examination or inquiry to discover something or somebody, usually relative to a crime or case.

What is the etymology of investigation?

Derived from the Latin vestigare, meaning to track or trace, observe closely, inquire systematically, or search for truthful information.

What is Criminal Law?

A branch of public law that defines crimes and their nature.

Why does crime exist according to the notes?

Because of the presence of Intent, which is presumed in any crime.

What is Intent?

The conscious malice that taints an act with criminality.

What is Motive?

The moving power that impels one to act for a definite result.

What is Opportunity?

The chance of the offender committing the crime; without opportunity, crime may not occur.

What is Instrumentality?

Involves the utilization of materials and other means crucial in the commission of the crime.

Name the three elements of crimes committed by means of dolo or malice.

Freedom, Intelligence, Intent.

Name the elements for crimes committed by means of culpa.

Freedom, Intelligence, Negligence, Imprudence.

What is a criminal investigation?

An art that deals with the identity and location of the offender and provides evidence of guilt through criminal proceedings; not a science; guided by intuition, inspiration, and chance.

What are the threefold aims of criminal investigation?

Identify the guilty party; Locate the guilty party; Provide evidence of guilt.

How is criminal investigation an Art?

It deals with the identity and location of the offender and proving guilt, governed by intuition, inspiration, and chance.

How is criminal investigation a Science?

A systematic method applying scientific knowledge, principles, and methodologies to discover, identify, collect, and process facts and evidence to promote justice.

How is criminal investigation a Process?

A systematic process of identifying, collecting, preserving, and evaluating data to produce information that brings a criminal offender to justice.

What are the goals of criminal investigation?

Determine whether a crime has been committed; legally obtain information or evidence; identify persons involved; arrest suspects; recover stolen properties; present the best possible case to the prosecutor.

What are the components of criminal investigation?

Pattern (linking similarities), Leads (clues), Tips (citizens’ leads), Theories (beliefs about evidence and information).

What are the forms of investigation?

Formal Investigation; Inquest; Inquisition; Probe; Research.

What is investigative reporting?

A recent type of investigation pursued by the press on their initiative, designed to attract readers and get to the roots of problems.

What are the five functions of criminal investigation?

Recognition, Collection, Preservation, Evaluation, Presentation.

What are the Miranda rights?

Right to remain silent; Anything you say can be used against you; Right to talk with a lawyer and have the attorney present; If you cannot afford an attorney, one will be appointed.

What is Republic Act No. 7438 about?

An Act Defining Certain Rights of a Person Arrested, Detained, and Under Custodial Investigation, and the duties of arresting, detaining, and investigating officers with penalties for violation.

Under RA 7438, what must the arrested person be informed of?

The reason for arrest, the warrant of arrest (if any), and warnings in a language known and understood by the person.

What is Republic Act No. 9745 about?

Anti-Torture Act of 2009.

What are the types of torture under RA 9745?

Physical torture and mental/psychological torture.

What does Section 7 of RA 9745 address?

Other cruel, inhuman, and degrading treatment or punishment; assessment of severity depends on circumstances.

What does the Exclusionary Rule exception in RA 9745 state?

Any confession or statement obtained through torture is inadmissible, except if used as evidence against those accused of committing torture.

What does Section 10 cover in RA 9745?

Disposition of writs of habeas corpus, amparo, and habeas data; orders must be executed promptly.

What does Section 11 cover in RA 9745?

Assistance in filing a complaint; CHR and PAO provide legal assistance.

What does Section 12 guarantee in RA 9745?

Right to physical, medical, and psychological examination before and after interrogation; right to choose an independent doctor; state will provide if the person cannot afford one.

What are the legal requirements of criminal investigation?

Legal – the investigation must be conducted by the law; Thorough – the investigation must be complete and detailed.