Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

Cdi Midterm

Download as pdf or txt
Download as pdf or txt
You are on page 1of 10

CDI

Territorial jurisdiction - the crime incident happened within the area


or place that a certain police station holds or covers.

Police Station - the local police that has a jurisdiction within the area
and exercises control over the community and persons movement by
enforcing the laws necessary for the maintenance of peace and order.

Crime Incident - the occurrence of a certain crime.


- established as it will guide investigators in filing the proper charge

Crime Scene - the place where crime took place and where physical
evidence can be found
- must be preserved as it contains the essential ingredients
surrounding the commission of the crime.

Patrol - commonly regarded as the first responder as they are those


who are employed in the community with the end purpose of crime
prevention.

Investigating Team - the group of police personnel charged with the


investigation and processing of the crime scene
- must give priority to the human life, nevertheless, they must exhaust
whatever means to secure and preserve the crime scene

MAC Rule

Mutilate - do not remove anything from the crime scene


Alter - do not change anything in the crime scene
Contaminate - do not add anything to the crime scene

Transient Evidence - those evidence which when not collected at


appropriate time may diminish or loss its value
Fragile Evidence - those evidence which may be broken if collected
inattentively

Method of Search - the systematic procedure employed by the


investigating team in order to recognize, collect and preserve the
evidence or any object/s found in the crime scene that has a logical
connection to the case.

Strip Search Method - done through following a straight path on an


area.Upon reaching the end, the searcher turns and follows again a
straight path but parallel to the f irst path he takes.

Double Strip Method - after the entire area is done searching using
strip method, the searcher will again start another process but this time
at the other side at right angles from where you started.

Spiral Method - done when the area to be searched is circular in


nature.The searcher may start either from the center or outside

Wheel Method - the searcher starts in the center and is best applied
when there are plenty searchers.they allow a straight path toward
outside unlike in radial that they follow a circular pattern

Zone Method - the searcher may select what type of search should be
done in each quadrant. best applicable in crime scene covering a wide
range.

Marking of Evidence - the process of identifying and recognizing any


objects in the crime scene by way of placing the letter symbol or
number

Tagging of Evidence - the process of labeling the physical evidence


by way of placing the appropriate evidenced tag containing description
of the item, the date and initial of the collecting officer

Collecting of Evidence - the actual gathering ang lifting of evidence


from the crime scene to the custody of the appropriate office.
Photographs - depict the actual scenario of the crime scene and
portray the proper placement of the individual evidence

Investigator’s Notebook - Used to remember the details regarding the


commission of the crime and in any manner aids the investigator in
refreshing his memory to recall matters related to the case under
investigation

General View - taken outside of the crime scene purposely to show


location , direction and the place of crime incident

Medium View - taken to show the different divisions of the crime scene
as this view will allow investigators to clearly see the nature of the
crime committed

Close-Up View - done to individual evidence to show what constitutes


the crime and how it was committed

Progressive Photography - includes shots taken in long range,


midrange, and/or close range distance.

Sketching The Crime Scene - the artist should be able to draw and
portray the crime scene.

Title - the basic information regarding the case such as the nature or
the crime incident, and the location of the crime

Measurement - this pertains to the dimension and the distance of the


relative object.

Essential Items - The physical pieces of evidence found at the crime


scene.

Legend - the use of words or numbers to represent an item in the rime


scene

Compass Direction - the North direction from where the sketch was
drawn.
Scale Proportion - the representation of the sketch to the actual size
of the scene

Rough Sketch - drawn by the artist at the crime scene containing all
the necessary details regarding the crime.

Finished Sketch - drawn by the artist for Court presentation and is


commonly done in the office.

Floor Plan or Birds Eye View - a type of sketch drawn from above

Elevation Sketch - drawn to show the given side of an area.

Exploded View - drawn to show the relationship or order of the whole


parts

Cross-Projection Sketch - a type of sketch wherein the ceiling and/or


walls are flattened all out in the ground.

Capital Letters - for basic parts or accessories of the place

Numbers - for individual evidence

Rectangular Method - find fix post at a right angle to serve as the


base

Triangular Method - find two fix points to the evidence that must be
plotted or located

Evaluation of Evidence - the process of assessing the significance of


individual evidence that should be subjected for further examination

Preservation of Evidence - the measures employed in order to


maintain, protect, and safeguard the original state of physical evidence
from the time it was collected up until the time that it will been released
to appropriate personnel.
Preserve Evidence - the primary responsibility of the investigator

Evidence Custodian - the person who take charge with the


responsibility and control in handling and disposal of evidence

Releasing Evidence - the discharge of individual evidence upon the


order of the court and/or prosecutor

Chain of Custody - the transfer of evidence from one person who


holds supervision or care of such evidence to another person from the
time it was gathered at the crime scene up to the time it will be
presented in Court.

Safekeeping - the security or protection of physical evidence

Evidence Log - This will guide investigators as to who are the persons
who handle and possess whatever physical evidence are transmitted.

Crime Scene Reconstruction - the most difficult and tiring job of


investigators as this involves the process as to how perpetrators
commits the crime.
- the scientific ability of investigators to make useful observations of
physical evidence in the crime scene through a logical approach in
theorizing as to how the crime was committed.

Appreciation - the process of recognizing the potential physical


evidence that has or may have evidential value and separate it from
those items which are not significant in the progress of he investigation.

Comparison - the process of comparing groups of standards from the


one collected at the crime scene to establish its identity.

Individualization - the process of establishing the uniqueness of the


physical evidence taken from the crime scene

Reconstruction - the final stage undertaken in order to fully


reconstruct the crime considering all related factors such as crime
scene evaluation, laboratory results, individuality of physical evidence
and other independent information from various sources to provide
better understanding and explanation as to how the crime was
committed.

Crime Scene Reenactment - the process of reenacting and portraying


the crime incident based on their previous knowledge regarding the
event by having the offender, victim or witness to play such role.

Crime Scene Recreation - the process of substituting all necessary


items or actions at the crime scene through the use of what is
documented or with the aid of investigators log.

Modus Operandi (Method Of Operation ) - the manner and methods


employed or used as well as the sequence of various actions taken by
the perpetrator in committing the crime.

Profiling - the psychological process of establishing the characteristics


of the most likely individual who might have committed the crime based
on the evaluation of the crime scene and the placement of physical
evidence.

Rogues Gallery - the compilations of photographs of known criminals.

If someone had witnessed or seen the suspect’s face, cartographic


sketch can be done.

Cartographic Sketch - the composite drawing of a suspect’s face


done by an artist to assist police investigators in establishing the
identity of the person who might have committed the crime

Sec.1 Definition of Arrest - The taking of a person into custody in


order that he may be bound to answer for the commission of an offense.

Sec. 2. Arrest; how made – An arrest is made by an actual restraint of


a person to be arrested, or by his submission to the custody of the
person making the arrest.
Sec.3 Duty of Arresting officer - he shall be the one executing the
warrant to arrest of the accused and deliver him to the nearest police
station or jail without unnecessary delay

Sec.4 Execution of Warrant - The head of the office to whom the


warrant of arrest was delivered for execution shall cause the warrant to
be executed within ten (10) days from its receipt.

Arrest Warrant - an order in writing issued in the name of the People


of the Philippines signed by a judge directed to a peace officer,
commanding him/her to arrest the person designated and take him into
custody of the law in order that he/she may be bound to answer for the
commission of an offense.

When is a warrant of arrest not necessary

Rule 112, Sec.6 ( b ) - When the accused is already under detention


pursuant to a warrant issued by the MTC judge

Rule 112, Sec.6( c ) - When the offense is penalized by fine only.

Rule 112, Sec.7 - When the complaint or information was filed


pursuant

Rule 113, Sec.13 - When the accused lawfully arrested escapes or is


rescued

Sec.5 Arrest without warrant;when lawful – A peace officer or a


private person may, without a warrant, arrest a person

Sec.6 Time of making arrest – An arrest may be made on any day


and at any time of the day or night

Sec. 7. Method of arrest by officer by virtue of warrant - the officer


shall inform the person to be arrested of the cause of the arrest and the
fact that a warrant has been issued for his arrest, except when he flees
or forcibly resists before the officer has opportunity to so inform him, or
when the giving of such information will imperil the arrest.

Sec. 8. Method of arrest by officer without warrant - the officer shall


inform the person to be arrested of his authority and the cause of the
arrest, unless the latter is either engaged in the commission of an
offense, is pursued immediately after its commission, has escaped,
flees, or forcibly resists before the officer has opportunity to so inform
him, or when the giving of such information will imperil the arrest

Sec. 9. Method of arrest by private person - When making an arrest,


a private person shall inform the person to be arrested of the intention
to arrest him and the case of the arrest, unless the latter is either
engaged in the commission of an offense, is pursued immediately after
its commission, or has escaped, flees, or forcibly resists before the
person making the arrest has opportunity to so inform him, or when the
giving of such information will imperil the arrest

Sec. 10. Officer may summon assistance - An officer making a lawful


arrest may orally summon as many persons as he deems necessary to
assist him in effecting the arrest.

Sec. 11. Right of officer to break into building or enclosure - An


officer, in order to make an arrest either by virtue of a warrant, or
without a warrant as provided in section 5, may break into any building
or enclosure where the person to be arrested is or is reasonably
believed to be, if he is refused admittance thereto, after announcing his
authority and purpose.

Sec. 12. Right to break out from building or enclosure – Whenever


an officer has entered the building or enclosure in accordance with the
preceding section, he may break out therefrom when necessary to
liberate himself

Sec. 13. Arrest after escape or rescue - If a person lawfully arrested


escapes or is rescued, any person may immediately pursue or retake
him without a warrant at any time and in any place within the
Philippines.
Sec. 14. Right of attorney or relative to visit person arrested.- Any
member of the Philippine Bar shall, at the request of the person
arrested or of another acting in his behalf, have the right to visit and
confer privately with such person in the jail or any other place of
custody at any hour of the day or night.

Section 7, Rule 112 of Rules on Criminal Procedure - The person


arrested without warrant shall be delivered to the nearest police station
or jail, and shall be subject of inquest proceedings

Inquest - serves to determine whether said persons should remain


under custody and correspondingly be charged in court.

Preliminary Investigation - an inquiry to determine whether there is


sufficient ground to engender a well-founded belief that a crime has
been committed and the respondent is probably guilty thereof, and
should be held for trial.

Criminal Case - when a complaint or information has already been


filed by the public prosecutor before the court, following an inquest or
preliminary investigation as the case may be, where the prosecutor
found probable cause that a crime has been committed and the person
named in the information is probably guilty thereof.

Section 7. When accused lawfully arrested without warrant —


When a person is lawfully arrested without a warrant involving an
offense which requires a preliminary investigation, the complaint or
information may be filed by a prosecutor without need of such
investigation provided an inquest has been conducted in accordance
with existing rules.

- , the person arrested may ask for a preliminary investigation in


accordance with this Rule

- If the person arrested without a warrant waives his right to remain


silent under provision of Art. 125 of RPC
Rights of a person arrested and under custodial investigation

Tagalog:

Ikaw ay inaaresto sa salang __________________ ( o sa


pamamagitan ng kautusan ng pag aresto (ipakita ito kung nararapat).

Ikaw ay may karapatang manahimik at magsawalang kibo. Anuman


ang iyong sasabihin ay maaring gamitin pabor o laban sa iyo sa
anumang hukuman sa Pilipinas. Ikaw ay mayroon ding Karapatang
kumuha ng tagapagtanggol na iyong pinili at kung wala kang
kakayahan, ito ay ipagkakaloob sa iyo ng pamahalaan.

Nauunawaan mo ba ito?

English:

“You are arrested for the crime of _________________ ( or by virtue of


warrant of arrest, showing him the warrant if it is practicable).

“You have the right to remain silent. Any statement you make maybe
used for or against you in any court of law in the Philippines. You have
the right to have competent and independent counsel preferably of your
own choice. If you cannot afford to service of counsel the government
will provide one for you.

Do you understand these rights

You might also like