Pointers 222 1st exam:

•Characteristics of Misdemeanor and Felonies:

-Misdemeanor: acts in violation of city or municipal ordinances
-felony: acts in violation of the provision of the revised penal code (RPC)
•Mala Inse: refers to crimes such as murder, rape, and theft.
•Mala Prohibita: refers to offenses, which are actions that are considered wrong
because they violate the law, not because they are morally wrong.
•Triad of crime:
-Intent: is the conscious malice that taints the act with criminality.
-Opportunity: refers to the chance of the offender in committing the crime.
-Instrumentality: this involves the utilization of materials and other means which are
crucial in the commission of the crime.
•Qualities in maintaining integrity as an investigator: Key qualities in maintaining
integrity as an investigator include honesty, objectivity, accountability, confidentiality,
professionalism, and diligence. These traits ensure accurate investigations and foster
trust within the community and the justice system.
•Negligence: means that there is a failure to pay attention and use diligence in
foreseeing the impending injury or damage.
•Imprudence: refers to a deficiency of action. It also refers to the failure to take the
necessary precaution to avoid injury to a person or damage to property.
•Associative Evidence - Evidence that links a suspect to a crime or a crime scene. It
helps establish a connection between individuals and criminal activity.
(Example: A suspect’s fingerprints found on a weapon used in a crime or DNA found at
the crime scene that matches the suspect.)
•Circumstantial Evidence - Evidence that suggests a fact or event is true but does not
directly prove it. It relies on inference rather than direct evidence.
(Example: A person being seen near the crime scene at the time of the crime or having
motive, such as a financial gain from the victim’s death.)
•General Criminal Intent: Is presumed from the mere doing of a wrong act. This does
not require proof. The burden is upon the wrong doer to prove that he acted without any
criminal intent.
•Specific Criminal Intent: It is not presumed because it is an ingredient or an element
of a crime. The prosecution has the burden of proving the same.
•Constructive Intent: occurs when an individual intends to commit a particular offense
against one person but inadvertently causes harm to another person instead.
•Transferred Intent: used when a defendant intends to harm one victim, but then
unintentionally harms a second victim instead.
(example: if a murderer intends to kill John, but accidentally kills George instead, the
intent is transferred from John to George)
•The 3 “I” in criminal investigation:
1.Information: The acquired knowledge or data by the investigator from other persons
and records.
Classes of Information:
a. Regular Sources- these include records, government, and non-government
agencies files, and news items.
b. Cultivated Sources- these include information gathered by the investigator from
informants, vendors, taxicab driver, GRO, and others.
c. Grapevine Sources- these include information obtained from underworld
characters such as prisoners and ex-convicts.
2.Interview: is a purposive conversation, motivated by a desire to obtain information
from the person being interviewed based on what was done, seen ,felt, heard, tasted,
smelled or known.
3.Interrogation: the act of questioning a person suspected of having committed an
offense or a person who is unwilling to fully disclose information in his possession which
is relevant to the investigation.
•Tools of Investigation:
-Information, -Interview, -Interrogation
•Wisdom of Solomon: is a biblical text that highlights the importance of wisdom,
justice, and righteousness. It emphasizes the belief that true wisdom comes from God
and leads to a moral and righteous life.
•Field Inquiry: is when an officer comes up to you and starts questioning you. The
police do not have to give a reason for conducting a field inquiry because they have the
right to go up to anyone they want and start talking to them.
•Actus Reus: refers to the physical act of committing a crime. It’s the actual conduct or
unlawful behavior. For example, if someone physically assaults another person, the act
of hitting constitutes the actus reus.
•Mens Rea: refers to the mental intent or state of mind behind the criminal act. It’s the
knowledge or intention to commit a crime. For example, if someone plans to steal and
then does so, their intent to steal is the mens rea.
•Special Laws: are specific statutes enacted to address particular societal issues or
behaviors not comprehensively covered by the general penal code.
Example: Anti-Drug Abuse Act it Regulates the use, manufacture, and distribution of
illegal drugs.
•Perseverance (Qualities of investigators):
•Cases under special laws:
•Emotional Motive: refers to a person’s emotional reasons or feelings driving them to
commit a crime. This is distinct from mens rea, which focuses on the legal intent, while
emotional motives explain why a person felt compelled to act.
(example: If someone finds out their partner is cheating and impulsively attacks the
partner or the third party, their emotional motive is jealousy, even though their mens rea
(intent to commit harm) is still present.)
•Social Influence: refers to how an individual’s behavior or decisions to commit a crime
can be shaped by the pressure, persuasion, or expectations of others. This can involve
factors like peer pressure, societal norms, or influence from authority figures.
(example: A person may participate in a robbery because they are pressured by their
friends or a gang (peer pressure). Even if they wouldn’t commit the crime alone, the
social influence from the group leads them to take part. Social influence can sometimes
be a factor in understanding the motivations behind a crime.)
•Difference of interview and interrogation (key difference):
-Interview: This is a non-accusatory conversation aimed at gathering information from a
witness or a person with knowledge about a case. It focuses on obtaining facts and
understanding perspectives without implying guilt.
-Interrogation: This is a more intense and accusatory process used to obtain a
confession or admission of guilt from a suspect. It often involves confronting the suspect
with evidence and applying psychological pressure to elicit a response.
•Role of criminal investigation in justice system: Criminal investigation plays a key
role in the justice system by gathering evidence to identify perpetrators, establish facts,
and support fair prosecution, ensuring justice for both victims and the accused.
•Felony under RPC (definition): Under the Revised Penal Code (RPC) in the
Philippines, a felony is defined as an act or omission punishable by law. Specifically, it
involves either:
1. Intentional Felonies: Where the offender consciously and willfully intends to
commit a wrongful act, resulting in a crime. Here, the criminal intent, or mens rea,
is deliberate.
2. Culpable Felonies: Where the offender did not intend to commit a crime but
acted negligently, recklessly, or carelessly, resulting in harm or damage. Here,
there’s no intentional criminal intent, but there’s a failure to exercise proper
caution or care.
•Miranda Doctrine: established by the U.S. Supreme Court in Miranda v. Arizona
(1966), requires law enforcement to inform individuals of their rights when they are
taken into custody and before interrogation. The key components of this doctrine
include:
1. Right to Remain Silent: Individuals have the right not to answer questions or
make statements that could incriminate them.
2. Right to Counsel: Individuals have the right to an attorney, and if they cannot
afford one, an attorney will be provided.
•Goal of Interrogation: The primary goal of interrogation is to obtain a confession or
admission of guilt from a suspect. It also aims to gather information about the crime,
clarify discrepancies, build a case, establish motive, and confirm evidence.
•Fundamental Elements of a Crime:
- Actus Reus (Guilty Act): The actual criminal act or unlawful omission that constitutes
a violation.
- Mens Rea (Guilty Mind): The intention or mental state showing the individual’s
awareness or recklessness in committing the act.
- Concurrence: The simultaneous occurrence of both actus reus and mens rea,
indicating that the act was committed with intent.
- Causation: The act must directly cause harm or result in the prohibited consequence.
- Harm: Actual injury or damage resulting from the act, affecting individuals or society.
•Socio-economic motive: refers to committing a crime due to social or economic
pressures, such as poverty, unemployment, or inequality. These motives often stem
from a desire to improve one’s financial or social status
(example: A person living in poverty may steal food or money to provide for their family.
Their socio-economic motive is driven by financial hardship and the need for survival.)
•Example on situation that exemplify Opportunity and Capability: A store clerk has
access to the cash register (capability). One day, when the manager steps out for a
break, the clerk is left alone with no surveillance (opportunity). The clerk steals money
from the register.
•Main goal of Criminal Law: The main goal of criminal law is to protect society by
deterring crime, punishing offenders, maintaining public order, and providing justice for
victims.