USEFUL TERMS

 TERMS ON PREVIOUS  BOARD EXAMINATION

A. INTRO. TO CRIMINOLOGY

 CRIMINAL – is a person who had committed or omitted an act in violation of the law and was been convicted through final judgment by the court having the jurisdiction of the case.

CRIME – is an act committed or omitted in violation of a law forbidding or commanding it.

FELONY – is an act committed in violation of the revised penal code

Intentional Felony - those committed with malice

Culpable Felony – those committed because of negligence, lack of foresight and imprudence

OFFENSE – is an act committed in violation of special laws.

MISDEMEANOR – is an act committed in violation of simple rules and regulations and is usually committed by minors.

SEASONAL CRIMES- are those that are committed only at a certain period of the year.

Situational Crimes - are those which are committed only when given a situation conducive to  its commission.

Ordinary Criminal- considered as the lowest form of criminal in a criminal career. He doesn’t stick to crime as a profession but rather pushed to commit crimes due to great opportunity.

Professional Criminal – a person who is engaged in criminal activities with high degree of skill. He usually practices crime as a profession to maintain a living.

Adolphe Quetelet (1796-1874)

- He discovered, basing on the research that “crimes against persons increased during summer and crimes against property tends to increase during winter.

Stages in the Commission of Crime

1. ATTEMPTED - commences the commission of a felony but failed to perform all the acts of execution for various reasons.

2. FRUSTRATED - all the acts of execution were performed but failed to produce the felony by reasons or causes independent of the will of the perpetrator.

3. CONSUMATED - when all the elements necessary for its execution and accomplishment are all present to produce a felony.

B. CORRECTION

 Code of King Hammurabi (Hammurabic Code) – Babylon, about 1990 BC, credited as the oldest code prescribing savage punishment, but in fact, Sumerian codes were nearly one hundred years older.

 Punishment:

- It is the redress that the state takes against an offending member of society that usually involves pain and suffering. 

 - It is also the penalty imposed of an offender for a crime or wrongdoing.

Banishment or Exile – the sending or putting away of an offender which was carried out either by prohibition against coming into a specified territory such as an island to where the offender has been removed. 

Parole - a conditional release of a prisoners after serving part of his/her sentence in prison for the purpose of gradually re-introducing him/her to free life under the guidance and supervision of a parole officer.

Probation – a disposition whereby a defendant after conviction of an offense, the penalty of which does not exceed six years imprisonment, is released subject to the conditions imposed by the releasing court and under the supervision of a probation officer.

 Duration of Penalties

1. Death Penalty – Capital punishment

2. Reclusion Perpetua – life imprisonment, a term of 20-40 yrs imprisonment

3. Reclusion Temporal – 12 yrs and 1 day to 20 years imprisonment

4. Prision Mayor – 6 yrs and 1 day to 12 years

5. Prision Correctional – 6 months and 1 day to 6 years

6. Arresto Mayor – 1 month and 1 day to 6 months

7. Arresto Menor – 1 day to 30 days

8. Bond to Keep the Peace – discretionary on the part of the court.

PRISON Defined:

- A penitentiary, an institution for the imprisonment (incarceration) of persons convicted of major/ serious crimes.

 - A building, usually with cells, or other places established for the purpose of taking safe custody or confinement of criminals.

- A place of confinement for those charged with or convicted of offenses against the laws of the land.

The Two Rival Prison System in the History of Correction

A. The Auburn Prison System – the prison system called the “Congregate System”. 

- The prisoners are confined in their own cells during the night and congregate work in shops during the day. Complete silence was enforced.

 B. The Pennsylvania Prison System – the prisons system called “Solitary System”. 

- Prisoners are confined in single cells day and night where they lived, they slept, and they ate and receive religious instructions. Complete Silence was also enforced. They are required to read the Bible.

PRISONER

-  A prisoner is a person who is under the custody of lawful authority. A person, who by reason of his criminal sentence or by a decision issued by a court, may be deprived of his liberty or freedom.

-  A prisoner is any person detained/confined in jail or prison for the commission of a criminal offense or convicted and serving in a penal institution.

-  A person committed to jail or prison by a competent authority for any of the following reasons: To serve a sentence after conviction – Trial – Investigation – 

General Classification of Prisoners

1. Detention Prisoners – those detained for investigation, preliminary hearing, or awaiting trial. - A detainee in a lock up jail. 

 - They are prisoners under the jurisdiction of Courts.

2. Sentenced Prisoners – offenders who are committed to the jail or prison in order to serve  their sentence after final conviction by a competent court. 

 - They are prisoners under the jurisdiction of penal institutions. 

3. Prisoners who are on Safekeeping – includes non-criminal offenders who are detained in order to protect the community against their harmful behavior. Ex. Mentally deranged individuals, insane person.

Classification of Sentenced Prisoners:

 1. Insular or National Prisoners

-  Those sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment.

 -  Those sentenced to suffer a term of imprisonment cited above but appealed the judgment  and unable to file a bond for their temporary liberty.

2. Provincial Prisoners

 -  Those persons sentenced to suffer a term of imprisonment from 6 months and 1 day to 3  years or a fine not more than 1,000 pesos, or both; or

 -  Those detained therein waiting for preliminary investigation of their cases cognizable by  the RTC.

3. City Prisoners

 -  Those sentenced to suffer a term of imprisonment from 1 day to 3 years or a fine of not  more than 1,000 pesos or both. 

 -  Those detained therein whose cases are filed with the MTC.

 -  Those detained therein whose cases are cognizable by the RTC and under Preliminary  Investigation.

4. Municipal Prisoners

 -  Those confined in Municipal jails to serve an imprisonment from 1 day to 6 months.

 -  Those detained therein whose trials of their cases are pending with the MTC. 

Classification of Prisoners According to Degree of Security:

 1. Super Maximum Security Prisoners

-  A special group of prisoners composed of incorrigible, intractable, and highly dangerous persons who are the source of constant disturbances even in a maximum security prison.

 -  They wear orange color of uniform.

 2. Maximum Security Prisoners

-  The group of prisoners whose escape could be dangerous to the public or to the security of the state.

-  It consist of constant troublemakers but not as dangerous as the super maximum-security prisoners. Their movements are restricted and they are not allowed to work outside the institution but rather assigned to industrial shops with in the prison compound.

-  They are confined at the Maximum Security Prison (NBP Main Building), they wear orange color of uniform.

-  Prisoners includes those sentenced to serve sentence 20 years or more, or those whose sentenced are under the review of the Supreme Court, and offenders who are criminally insane having severe personality or emotional disorders that make them dangerous to fellow offenders or staff members.

 3. Medium Security Prisoners 

-  Those that can not be trusted in open conditions and pose lesser danger than maximum security prisoners in case they escape.

-  It consists of groups of prisoners who maybe allowed to work outside the fence or walls of the penal institution under guards or with escorts.

- They occupy the Medium Security Prison (Camp Sampaguita) and they wear blue color of uniforms. Generally, they are employed as agricultural workers. 

-  It includes prisoners whose minimum sentence is less than 20 years and life-sentenced prisoners who served at least 10 years inside a maximum security prison.

 4. Minimum Security Prisoners

-  A group of prisoners who can be reasonably trusted to serve sentence under “open conditions”.

-  This group includes prisoners who can be trusted to report to their work assignments  without the presence of guards. 

-  They occupy the Minimum Security Prison (Camp Bukang Liwayway) and wear brown  color uniforms.

C. CRIMINAL INVESTIGATION

 Warrant of Arrest is  

 -  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 to arrest the person designated and take him into custody of the law in order that he may be bound to answer for the commission of an offense. 

Complaint - is a sworn written statement charging a person or a group of persons of an offense that is subscribed by the offended party such as the victim/s of the offense committed, or any other peace officer charged with the enforcement of the law violated.

Information is an accusation in writing charging a person or a group of persons of an offense that is subscribed by the prosecutor or fiscal. It is substantiated on oath and includes the name of the party, the offense committed, facts of the offense and other factors relevant

INFORMATION = It is the knowledge or facts which the investigator had gathered or acquired from persons or documents, which are pertinent or relevant concerning the commission of the crime or criminal activities.

INTERVIEW is the simple questioning of a person who cooperates with the investigator. In account of the interview, the witnesses voluntarily give their accounts about the commission of a crime. 

INTERROGATION is the process of obtaining an admission or confession from those suspects who committed the crime. It is confrontational in nature, which means that the suspect is confronted about his participation in the commission in an offense.  is the act or process of questioning somebody closely, often in an aggressive manner, especially as part of an official investigation or trial 

INSTRUMENTATION = This is sometimes called Criminalistics. It is the process of applying instruments or tools of the police sciences in criminal investigation and detection. This is the use of the Police Laboratory in the examination of physical evidences. 

The General Kinds of Sketch

1. Rough Sketch is the sketch made by the investigator at the crime scene which is full of important details but without the scale of proportion.  This is used as the basis for the finished sketch. 

2. Finished sketch is the sketch with a scale of proportion and drawn by a draftsman which can be used for court presentation. Rough and finished sketches if requested by the court shall be presented by the draftsman to clear doubts of the jury. 

Legend = This is usually placed at the bottom of sketch outside the sketch of the scene. Numbers represent the objects in the crime or letters in order not to unnecessarily crowd the graphic presentation. Their descriptions are found in the legend. 

THE SPECIFIC KINDS OF SKETCH

1. Sketch of Locality – It deals with the vicinity of the crime scene in relation to the environs, to include neighboring buildings, structures, or means of access leading to the scene.  This kind of sketch is applied in conflagrations, suspected to be arson, indicating the origin of the fire and how is spread naturally or unnaturally against the wind.

2. Sketch of Grounds – This is the kind of sketch which illustrates the scene of the crime with the nearest physical surroundings, such as the room adjacent or opposite the room of  the crime scene, the number of floors of a building or house, the yard and the other natural structures.

3. Sketch of Details – It includes the positions and exact locations of the physical evidence in the crime scene. It describes the immediate scene only like the room which the crime was committed and the details of items in the room.

4. Cross Projection – It also describes the immediate scene only, specifically inside a room as the scene of the crime.  The room is treated as  the cardboard box where the side and the cover are collapsed to the same plane as the bottom.  The bottom serves as the floor, the four sides representing the walls and the cover representing the ceiling.

CLASSES OF EVIDENCE

1. Testimonial Evidence – most common form of evidence obtained by interview and interrogation of which witnesses smell, hear, taste and touch are being described through oral and written testimony.

2. Documentary Evidence – are writings, including official records, or contents “could speak for themselves” when read by the investigation and the court. They may be collected through voluntary relinquishment or by a Subpoena Duces Tecum (court order) which compels the party to bring the records to the court.

3. Physical or Real Evidence – are physical objects used as evidence w/c are obtained through searches at the scene of the crime. Articles and material found in connection with investigation, which aid in establishing the identity of the perpetrator.

D. POLICE OPERATIONAL PLANNING

Classification of Police Plan

                           According to coverage: Police Plans could be Local Plans (within police precincts, sub-stations, and station), Regional Plans, and National Plans.

                           According to Time: Police Plans are classified as:

1. Strategic Long Range Plan—It relates to plans which are strategic or long range in application, and it determine the organizations original goals and strategy.

2. Intermediate or Medium Range Planning—It relates to plans, which determine quantity and quality efforts and accomplishments. It refers to the process of determining the contribution on efforts that can make or provide with allocated resources.

3. Operational or Short Range Planning—refers to the production of plans, which determine the schedule of special activity and are applicable from one week or less than year duration. Plan that addresses immediately.

Reactive plans (Assault)– are developed as a result of crisis to resolved.

Proactive plans (Planning)– are  develop in anticipation of problems.

E. FORENSIC BALLISTICS

 BALLISTICS – deals with the study of motion of projectiles.

 - drived from the greek word “BALLO” or “BALLEIN” which means to throw     BALLISTA – A gigantic bow or catapult that hurls stones in killing enemies and wild animals.

 BRANCHES OF BALLISTICS

1. INTERIOR BALLISTCS – refers to the motion of projectiles while still inside the firearms.

2. EXTERIOR BALLISTICS – refers to the motion of projectile after leaving the muzzle of the gun barrel.

3. TERMINAL BALLISTICS – refers to the effect of impact of the bullet towards the target

4. FORENSIC BALLISTICS – science of firearm identification by means of the ammunition fired through them.

KOLIBRI AUTO PISTOL – the smallest center firearms.

MAGNUM .44 now CALIBER .50 – the most powerful handgun in the world manufactured in ISRAEL.

MAGNUM was originated from ENGLAND.

REVOLVER – hand firearms which has a rotating cylinder .

PISTOL – a hand firearms usually applies to single shot and automatic loading.

SINGLE ACTION – weapon in which pressure upon the trigger releases the hammer that must be manually cocked.

DOUBLE ACTION – weapon in which pressure upon the trigger both cocks and releases the hammer.

AUTOMATIC – when the mechanism is so arranged that it will fire continuously while the trigger is depressed.

AIR RIFLE -  a type of weapon designed to shoot pellets by means of compressed air.

FIRE ARMS – is an instrument used for the propulsion of projectiles by means of the expansive force of gases coming from the burning powder.

CLASSIFICATION OF FIREARMS

1. SMOTH-BORE FIREARMS -  firearms that does not contain rifling or perfectly smooth from end to end.

2. RIFLED ARMS – firearms that contains rifling 

AMMUNITION – shall mean loaded shell for rifles, muskets, carbines, shotgun, revolvers and pistol from which a bullet, ball, shot, shell or other missiles maybe fired.

CARTRIDGE – a complete unfired unit consisting of bullet, primer cartridge case and gun powder.

PRIMER – used for igniting propellant

GUN POWDER – any of various powder used in firearms as propellant charge

BULLET – a projectile propelled from a firearm

- a metallic or non metallic cylindrical projectile.

- Originated from the French word “BOULETTE” means a small ball

LEAD BULLET – used in almost all revolver ammunition

JACKETED BULLET – used for automatic pistol ammunition and medium and high power rifle ammunition.

ARMOR-PIERCING BULLET – is a pointed bullet used to penetrate armored vehicles.

TRACER BULLET – these are intended primarily for machine gun, these bullets when fired emits a bright red flame from their base.

INCENDIARY BULLET – similar to tracer bullet, for identification purposes this has a light blue color.

MARKS FOUND ON FIRED BULLET

LAND MARKS – depressed portion caused by the land

GROOVE MARKS – raised on elevated portion cause by the grooves

SKIDMARK – when the bullet enters the rifled bore from a stationary position and is forced abruptly into the rifling, its natural tendency is to go straight toward before encountering the regular rifling twist.

SLIPPAGE MARK – bullets fired from a worn-out barrel, oily barrels and slightly over sized barrels.

SHAVING MARKS – most commonly these marks are found on bullets fired from a revolver due to a poor alignment of the cylinder with the bore.

CLASS CHARACTERISTICS – are those characteristics which are determinable prior or before the manufacture of the firearm

INDIVIDUAL CHARACTERISTICS – are those characteristics which are determinable only after the manufacture of the firearm.

TYPES OF RIFLINGS

STYRE TYPE – 4 lands and 4 grooves, right hand twist

SMITH AND WESSON TYPE – 5 lands and five grooves, right hand twist

BROWNING TYPE – 6 lands and 6 grooves, right hand twist.

COLT TYPE -  6 lands and 6 grooves, left hand twist.

WEBLEY TYPE – 7 lands and seven grooves, right hand twist

ARMY TYPE – 4 lands and 4 grooves, right hand twist

EQUIPMENT USED IN A BALLISTICS LABORATORY

COMPARISON PROJECTOR -  two fired bullets or two fired shells can be compared in one setting.

MEASURING PROJECTOR – Determines the width of the lands, width of grooves, diameter and twist of a fired bullet.

VERNIER CALIPER – this instrument determines the bullet diameter and barrel length.

ANALYTICAL BALANCE – determines the weight of the bullets, shots and pellets for possible type.

TAPER GAUGE – used for determining the bore diameter of the firearm

ONOSCOPE – for examining the interior surface of the gun barrel

HELIXOMETER – for measuring the pitch of rifling/rifling.

CHRONOGRAPH – for determining the speed of the bullet or the muzzle velocity of the bullet.

F. QUESTIONED DOCUMENTS

 DOCUMENT – is any written document by which a right is established or an obligation is extinguished.

 KINDS OF DOCUMENTS

 PUBLIC DOCUMENT – is any instrument notarized by a notary public official with solemnities required by law.

 OFFICIAL DOCUMENT – any instrument issued by the government or its agent or its officer having the authority to do so and the office.

 PRIVATE DOCUMENT – every deed or instrument executed by a private person without the intervention of a notary public or of any other person legally authorized, by which documents, some disposition or agreement is proved, evidenced or set forth.

 COMMERCIAL DOCUMENT – any instrument executed in accordance in the code of commerce or any mercantile law, containing disposition of commercial rights or obligations.

G. POLYGRAPHY

 REVIEW THE TYPES OF ORDEAL