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Fundamentals of Criminal Investigation Definition Of Terms

Monday, May 7, 2018 / No Comments
fundamentals of criminal investigation


Admission - is a voluntary acknowledgment, confession, or concession of the
existence of a fact or the truth of an allegation made by a party to the suit.

Associative Evidence - is evidence that ties a suspect to the crime scene, the victim,
or some other bit of evidence. Fingerprints, footprints, hair, fibers, blood and other
bodily fluids, knives, bullets, guns, paint, and many other objects and substances,
even soil, can link a suspect to the scene.

Bugging - is the act of concealing a miniature microphone in (a room or telephone) in
order to eavesdrop on or record some one's conversations secretly.

Burned - when an investigator  has been exposed. The target has become aware
that he is being watched.

Circumstantial Evidence - also known as indirect evidence. It is distinguished
from direct evidence, which, if believed, proves the existence of a particular
fact without any inference or presumption required. Circumstantial evidence
relates to a series of facts other than the particular fact sought to be proved.

Confession - A confession in criminal investigation may be defined as an
out-of-court statement by a suspect in which he or she voluntarily,
knowingly and intelligently acknowledges that he or she committed or
participated in the commission of a crime.

Corpus Delicti - the facts and circumstances constituting a crime. Concrete evidence
of a crime, such as a corpse.

Deposition - in Criminal Investigation,is a formal written statement, made for example
by a witness to a crime or by the perpetrator of a crime.

Eavesdropping - is secretly or stealthily listening to the private conversation of
others without their consent.

Ibid - is a latin word, it is the short for ibidem. It means in the same place.
It is the term used to provide an end note or footnote citation or reference
for a source that was cited in the preceding end note or footnote.

Investigare - is a Latin word which means to track or trace by footprint and to
study or examine closely.

Felony - a higher level crime usually punishable by more than one year in prison.

Jonathan Wild - was a London underworld figure during the 1600's notable for
operating on both sides of the law, posing as a public-spirited crime fighter
entitled the "Thief-Taker General".He was a thief employed to catch a thief.

Loc. Cit. - is a footnote or end note term used to repeat the title and page
number for a given work (and author).

Misdemeanor - a lower level crime, usually punishable by less than one year in
prison.

Sit On - conduct a stakeout or stationary surveillance.

Tail - to conduct a moving surveillance.

Trace - means to find or discover by investigation.

US Secret Service - created on July 5, 1865. Original mission was to suppress the
production and distribution of counterfeit currency. After the  assassination of
President William McKinley in 1901, they took their role of presidential protection.

Wiretapping - is the practice of connecting a listening device to a telephone line
to monitor conversations secretly.


PNP Rank Structure To Follow AFP Rank Structure?

Wednesday, April 25, 2018 / No Comments
pnp rank
There is a move in congress to change the rank structure of the Philippine 
National Police (PNP) and to follow the rank used in the Armed Forces 
of the Philippines (AFP).

But Senator Ping Lacson, a former Chief of the PNP, think otherwise.

According to the senator, there is no need to change the PNP Rank structure
to be thesame as that of the military because the Philippine constitution
is very clear against it.

The constitution provides that the Philippine National police must be
civilian in character and any move to stay away from that may violate
this constitutional provision.

The public is now accustomed to the ranks of the Philippine National
Police and changing that will just confuse them.

Under the Philippine Constitution, a bill must generally go through
three readings on three separate days.

The bill, proposing the rank change is in its second reading in the
lower house of congress which means the entire text of the bill is
read and will be debated and amendments thereto may be introduced.

Then comes the third reading which simply means that the bill
shall be voted upon.

So many things will happen during that period. It may or may not
pass.

If it pass, the President may or may not veto it.

Meanwhile,

Congressman Romeo Acop of Antipolo, a former PNP Chief Superintendent,
in contradiction said that although the present rank used by the PNP
which is patterned after the western and European countries has
been in use for 20 years, the Filipino public is still accustomed to
the military ranks.

Remember that the former Philippine National Police Chief
Ronald "Bato" Dela Rosa supported the move to change the rank
of the PNP to that of the AFP.


What Is A Buy-Bust Operation?

Tuesday, April 10, 2018 / No Comments
buy-bust operation
The other day, 19 persons were arrested in a buy-bust operation in Paranaque.


This is a drug related operation in connection with the Government's war against drug.


So, what is a buy-bust operation?


In layman's term, a buy-bust operation is an undercover operation by the
NBI,PNP,PDEA,CIDG or other law enforcement officer to catch a person in the act of
committing a criminal offense.


A Buy-bust operation is a form of Entrapment.


A buy-bust operation conducted in connection with illegal drug-related offenses is a form  of entrapment.


There is entrapment when ways and means are resorted to by the PDEA, NBI, PNP or other law enforcement officer for the purpose of trapping and capturing the law breaker in the execution of his criminal plan.


Remember that when the NBI,PNP,PDEA,CIDG or other law enforcement agencies entrap the law violators, the law violators can not claim that they can not be prosecuted and convicted because they were entrap.


Entrapment is not an absolutory cause.


Absolutory cause means that where the act committed is a crime but for some reason of public policy and sentiment, there is no penalty imposed.


In buy-bust operations, there is no law or rule requiring the PNP,NBI,PDEA,CIDG or other law enforcement agencies to adopt a uniform way of identifying buy money.


Those 19 persons arrested in Paranaque in a buy-bust operation can not claim that they  were framed for sure like most accused who is caught in flagrante delicto because the courts views such claim with disfavor because it can easily be feigned and fabricated.


Great job law enforcement officers. Continue the good work.