Criminal Jurisprudence Reviewer 1

1. The SC ruled the illegally obtained evidence is inadmissible in state

criminal prosecutions in the famous case of
A. Miranda vs Arizona
B. Otit vs Jeff
C. Mapp vs Ohio
D. Milkey vs Wett

2. It is defined as a remedy or process by which a child born out of

lawful wedlock and are therefore considered illegitimate are by
fiction of law considered by subsequent valid marriage of the
parents.
A. Adoption
B. Legitimation
C. Foster parenting
D. Naturalization

3. What is the Latin term for criminal intent?

A. Mens Rea
B. Magna Culpa
C. Inflagrante Delicto
D. Mala Vise

4. What should be conducted in order to determine whether a case

falls under the jurisdiction of the regional Trial Court?
A. Inquest proceeding
B. Preliminary conference
C. Preliminary investigation
D. Search and Seizure

5. For offense falling under the jurisdiction of Municipal Trial Courts

and Municipal Circuit trial courts, prosecution is instituted

A. By filling a compliant with the Regional Trial Court

B. By filing a complaint directly with the court
C. By filling a complaint with the chief of Police in the
municipality
D. By filling a complaint with the fiscal for preliminary
investigation

6. Intervention of the offended party in the criminal action is not

allowed in the following instances EXCEPT:
A. when he has not waived the civil action
B. when he has file the civil action ahead of the criminal
C. when he has expressly reserved the right to institute
the civil action separately
D. when he has waived the civil action

7. The place of trial for a criminal action is cited

A. territory
B. action
C. jurisdiction
D. venue

8. The primary purpose of bail is

 A. to protect the accused rights
B. to keep the accused in jail until trial
C. to punish the accused for the crime
D. to release the accused

9. The authority of the court to take cognizance of a case in the

first instance is known as:
A. original jurisdiction
B. appellate jurisdiction
C. general jurisdiction
D. delegated jurisdiction

10. "A" stabbed "B". "A" brought "B" to a hospital for medical
treatment.Had it not been the timely medical attendance. "B"
would have died.This is a case of
A. a physical injury
B. an attempted felony
C. a consummated felony
D. a frustrated felony

11. A person undergoing criminal investigation enjoys his three

constitutional rights such as
A. the right to oppose whatever the accusation on him
B. the right to plea guilty and not guilty
C. the right to oppose whatever accusation or him based on his
constitutional right
D. the right to remain silent, the right to counsel, the right to be
informed of the nature of the accusation

12. Evidence is admissible when it is relevant to the issue and is

not excluded by the rules on
A. Real evidence
B. Secondary evidence
C. Admissibility of evidence
D. Relevancy of evidence

13. What is the sworn written statement charging a person with an

offense, subscribed by the offended party, any peace officer or
other employee of the government or government institution in
change of the enforcement or execution of the law violated?
A. Deposition
B. Complaint
C. Police blotter
D. Information

14. Trial is allowed only after arraignment and the accused may waive
his right to appear at the trial except when his presence is
required for purposes of identification. This is the principle of trial
in __.
A. Substitution
B. Absentia
C. Re-assignment
D. Ordeal

15. A public officer or employee when NOT being authorized by

judicial order, shall enter a dwelling against the will of the owner
thereof is committing:
 A. Legal entry
B. Violation of domicile
C. Illegal entry
D. Abatement

16. Intoxication when considered under the law is considered

A. Alternative Circumstance
B. Maladaptive Behavior
C. Delinquent act
D. Anti social Behavior

17. The adjudication by the court that the defendant is guilty or is

not guilty of the offense charged and the imposition of the
penalty provided by law on the defendant who pleads or is found
guilty thereof
A. judgment
B. false informant
C. information
D. admission

18. Is that which is not excluded by the law as tending to prove

a fact in issue
A. material evidence
B. relevant evidence
C. direct evidence
D. competent evidence

19. Any private person who shall enter the dwelling of another
against the will of the latter
A. none of these
B. trespassing to dwelling
C. light threats
D. usurpation

20. Are those acts and omissions committed not only by means of
deceit, but also by means of fault and are punishable by law.
A. Justifying circumstances
B. Felonies
C. Exempting circumstances
D. Attempted felony

21. Is committed whenever the offender commences the commission

of a crime directly by overt acts but does not perform all the acts
of execution which should produce the felony as a consequence
by reason of some cause or accident other than his own
spontaneous desistance.
A. Frustrated felony
B. Attempted felony
C. Consummated felony
D. Felony

22. Are those crimes committed against individuals, particularly

against their chastity, but which do not produce danger or
prejudice common to other members of society.
A. Private crimes
B. Public crimes
C. Felony
 D. Infractions

23. Are those crimes committed against the society which produce
direct damage or prejudice common to all its members.
A. Private crimes
B. Public crimes
C. Felony
D. Infractions

24. One of the characteristics of criminal law, where penal laws do

not have retroactive effect, except in cases where they favor the
accused charged with felony and who are not habitual criminals.
A. Retrospective
B. General
C. Territorial
D. All of the foregoing

25. A theory underlying the system of our criminal law, of which

Rafael Garafalo and Enrico Ferri, including Dr. Cesare Lombroso,
were the greatest exponents, that crime is considered as
essentially asocial and natural phenomenon.
A. Juristic or classical theory
B. Positivist or realistic theory
C. Punitive theory
D. Non- punitive theory

26. It is the Latin term referring to "caught in the act" of performing a

crime.
A. Nullum Crimen
B. Dura lex sed lex
C. Ignorancia lex excusat
D. none of these

27. Any act committed or omitted in violation of a public law

forbidding or commanding it.
A. legal act
B. Crime
C. Poena
D. Punishment

28. A rule of conduct, just, obligatory, enacted by legitimate

authority for the common observance and benefit.
A. Regulation
B. City Ordinance
C. Law
D. Lawful Act

29. The Latin term POENA means:

A. Penalty
B. Pain
C. Punishment
D. Police
Answers: Criminal Jurisprudence

1. C
2. B
3. A
4. C
5. B
6. B
7. D
8. D
9. A
10. D
11. D
12. D
13. B
14. B
15. B
16. A
17. A
18. B
19. B
20. B
21. B
22. A
23. B
24. A
25. B
26. D
27. B
28. C
29. B
Crime Detection, Investigation, and Prevention
Crime detection begins with the discovery of a crime scene and proceeds through the precess of evidence
collection, identification and analysis.

Crime prevention and detection is the major task of the police. In carrying out this task, the police cooperate w
the authorities concerned to promote public knowledge of crime prevention and they conduct investigation and
collect evidence for examination with scientific instruments and methods through legal procedures in hope tha
cases occurring could be solved promptly to ensure social security and stability.

What are the goals of policing?

1. To protect life and property
2. To maintain peace and order
3. To enforce the law
4. To prevent and detect crimes
5. To assist the public in circumstances of personal emergency

Problem Oriented Policing - police patrol personnel look at causes of crime and potential crime in particular
areas rather than just dealing with incidents.

Community Policing - crime prevention methods involving the wider community.

Deterrence by Example - a reactive form of policing and crime prevention through the sight of police officer
uniform.

Crime Prevention - is the anticipation, recognition, and appraisal of a crime risk and the initiation of action to
remove or reduce it.

Whose responsibility is crime prevention? ans. everyone, however, law enforcement agencies such as the po
are the focal point in community crime prevention.

Whose responsibility is crime detection? ans. police, though special law enforcement agencies may be
responsible for the discovery of a particular types of crimes. Ex, PDEA for drug related offenses.

Whose responsibility is crime investigation? ans. police and other law enforcement agencies.

Crime Detection Falls Into 3 Phases

1. The discovery that a crime has been committed.
2. The identification of the suspect
3. The collection of sufficient evidence to indict the suspect before the court of justice.
Fundamentals of Criminal Investigation
Investigation - an inquiry, judicial or otherwise for the discovery and collection of facts
concerning the matters involved.
- it is the process of inquiring, eliciting, soliciting and getting vital
information, facts, circumstances in order to establish the truth.

Criminal Investigator - a public safety officer who is tasked to conduct the investigation of
all criminal cases as provided for and embodied under the revised penal code, criminals
laws and special laws which are criminal in nature.
- a well trained, disciplined and experienced professional in the field
of criminal investigation.

Custodial Investigation - investigation conducted by law enforcement officers after a

person has been arrested or deprived of his freedom of action.

Neighborhood Investigation - one of the most crucial steps in kidnap for ransom cases
which is often overlooked. The objective is to identify and interview in person all
individuals in the area where the victim was kidnapped or last known sighting area during
the window of opportunity.(last time seen until the time discovered missing.

Crime scene - a venue or place where the alleged crime/incident/event has been committed.

Corpus delicti - (latin for the body of the crime) - used to describe the physical or material
evidence that a crime has been committed. ex. corpse of a murder victim.

Confession - is an express acknowledgement by the accused in a criminal prosecution of the

truth of his guilt as to the offense charge.

Admission - refers to statement of facts not directly constituting an acknowledgement of

guilt.

Organized criminal group - a structured group of three or more persons existing

for a period of time and acting in concert with the aim of committing one or more serious
crime or offenses.

Organized crime - a combination of two or more persons who are engaged in a criminal or
virtual criminal activity on a continuing basis for the purpose of profit or power using
gangland style to attain their purpose.

Physical evidence - evidenced addressed to the senses of the court that are capable of being
exhibited, examined or viewed by the court. This includes but not limited to fingerprints,
body fluid, explosives, hazardous chemicals, soil/burned debris, bombs, electronic parts
used in the commission of the crime.

Victimology/victim profiling - a detailed account of the victims lifestyle and personality,

assist in determining the nature of the disappearance, the risk level of the victim and the
type of person who could have committed the crime. Complete information regarding the
victims physical description, normal behavior patterns, the family dynamics and known
friends and acquintances should be obtained as soon as possible.

Miranda vs. Arizona - Ernesto Miranda had confessed to rape and kidnapping, after two
hour interrogation. Because the interrogators failed to inform Miranda of his right to counsel
and remain silent, his conviction was overturned.

Waterboarding - refers to the practice of strapping a suspect to a board with his or her head
lowered, then the face is covered and water is poured over it causing the suspect to gag and
experience the sensation of drowning.

Chinese water torture - interrogation technique, repeatedly dripping water on the forehead
of the suspect. The goal is to drive the suspect to near insanity thereby obtaining a
confession.

Serial Killer - is someone who murders 3 or more people with "cooling off" periods in
between.

Police Blotter - is an 18" x 12" logbook with hard bound cover that contains the daily
register of all crime incident reports, official summary of arrests and other significant events
reported in a police station. A separate police blotter shall be maintained for offenses
requiring confidentiality like violence against women and children and those cases
involving a child in conflict with the law to protect their privacy pursuant to RA 9262 (anti
violence against women and children act of 2004) and RA 9344 ( juvenile justice and
welfare act of 2006).

Actus Reus - proof that a criminal act has occurred.

Sketch - a rough drawing or painting, often made to assist in making a more finished
picture.

Types of Sketches
1. Floor plan (Birds Eye View)
2. Elevation Drawing
3. Exploded View
4. Respective Drawings

Allan Pinkerton - a Scottish american detective who created the Pinkerton National
Detective Agency, the first detective agency in the US.Pinkerton foiled a plot to assassinate
President Lincoln.

Rouges Gallery - is a police collection of pictures or photographs of criminals and suspects

kept for identification purposes.A compilation of descriptions, methods of operation having
places and names of criminal and their associates.

Mugshot - is a photographic portrait taken after one is arrested.

Criminal investigation - it is the collection of facts in order to accomplish the three fold
aims:

3 Fold Aims Of Criminal Investigation

1. To identify the guilty party

2. To locate the guilty party
3. To provide evidence of his guilt

6 Cardinal points of investigation

1. What specific offense was committed

2. How the offense was committed
3. Who committed it
4. Where the offense was committed
5. When it was committed
 6. Why it was committed

Tools of an investigator in gathering facts

1. Information - data gathered by an investigator and other

person including the victim himself and from:
1. public records
2. private records
3. modus operandi file
2. Interview - skillful questioning of witness and
suspects.
3. Instrumentation - scientific examination of real
evidence, application of instruments and
method of physical sciences in detecting crime.
Phases of investigations

1.Phase 1 - identify the suspect through:

1. confession
2. eyewitness testimony
3. circumstantial evidence
4. associate evidence
2. Phase 2 - locate and apprehend suspect.
3. Phase 3 - gather and provide evidence to
establish the guilt of the accused.

Composition/Organization of an investigation team:

1. Team leader
2. Investigator/recorder
3. Photographer
4. Evidence Custodian
5. Composite illustrator/Artist

Equipment of an Investigator

1. Police line
2. Video camera
3. Voice recorder
4. Camera
5. Measuring device
6. Gloves
7. Flashlight
8. Fingerprint kit
9. Evidence bag
10. Evidence tag
11. Evidence bottles/vials
12. Investigators tickler

Investigators Tickler

1. Investigators checklist
 2. Anatomical diagram form
3. Evidence Checklist
4. Turn-over receipt

Standard Methods of Recording Investigative Data:

1. Photographs
2. Sketching crime scenes
3. Written notes (what you have seen/observed)
4. Developing and lifting fingerprints found at the crime scene.
5. Gathering physical evidence
6. Plaster cast
7. Tape recording of sounds
8. Video tape recording of objects
9. Written statement of objects and witnesses.

2 Kinds of Information
1. Regular sources - ex. citizen, company records
2. Cultivated sources - ex. paid informant

Interrogation or questioning witness or suspect who is reluctant to divulge or reveal

information with the goal of extracting a confession or obtaining information while
an Interview is simple questioning of a person who cooperate with the investigator.

How the Suspect is Identified

1. Confession or Admission - is a declaration of an
accused acknowledging his guilt.
2. Eyewitness testimony
3. Circumstantial evidence

How circumstantial Evidence Obtained

1. Motive
2. Opportunity
3. Associative Evidence

Types of Interview
1. Informal (on the scene interview) - conducted by
police/investigator at the crime scene to get
description of criminal if seen.
2. Formal - interview conducted by the investigator
assigned to the case.

Types of Formal Interview

1. Normal - for willing or cooperative witness.
2. Group/Pretext Interview - for hostile witness or
witness who refuse to cooperate.
3. Follow Up - additional interview in addition to vital
points if necessary.

Qualifications of Interviewer
1. Salesman
2. Actor
3. Psychologist
Requisites of an Interview
1. Establish rapport
2. Forcefulness of personality
3. Breadth of interest

Setting of Interview
1. Background Interview - time and place of
interview are not a consideration except for busy
person.
2. Routine Criminal Cases - interview should be
carefully planned. Busy person can be interviewed
at night, privacy is important.
3. Important Criminal Cases - should be conducted in
places other than the subjects home/office to
prevent him/her feeling confident. Investigator
should get interviewees respect.
4. Appropriate Time - General rule - (ASAP) as soon
possible while facts are fresh in the memory of
interviewees.

Methods of Crime Scene Search

1. Strip method - the area is blocked out in the form
of a rectangle. The searchers (3 person is good)
proceed slowly at the same pace along paths
parallel to one side of the rectangle.
2. Double Strip Search Method - modification of the
strip search method. The rectangle is traversed
first parallel to the base then parallel to a side.
3. Spiral Search Method - The searchers (3 person is
good) follow each other along the path of a spiral
beginning on the outside and spiraling in towards
the center.
4. Zone Search Method - one searcher is assigned
to each subdivision of a quadrant and then each
quadrant is cut into another set of quadrants.
5. Wheel Search Method - the area is considered to
be approximately circular. The searchers gather at
the center and proceed outward along radii or
spokes. Procedure is repeated several times
depending on the size of the circle and the number
of searchers.

strip search method

double strip search method

spiral search method

zone search method

wheel search method