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PERFORMANCE TASK [ Long Quiz ] IN 12-In terms for Filing of Criminal

PREPARATION FOR PRELIMINARY Complaint/Prosecution of criminal offenses,


EXAMINATION What is Sec. 9, Rule 110, Rules of Criminal
[ Answer’ Key ] Procedure?

TEST -1 : DEFINITION OF TERMINOLOGY ❖ Section 9. Cause of the accusation. —The acts or


omissions complained of as constituting the
01- Criminal Investigation? offense and the qualifying and aggravating
It is an activity that collects facts to circumstances must be stated in ordinary and
accomplish the three-fold aims of the concise language and not necessarily in the
criminal investigators, to Identify the guilty language used in the statute, but in terms
party; to locate the guilty party; and to sufficient to enable a person of common
provide evidence for his guilt. understanding to know what offense is being
charged as well as its qualifying and aggravating
02- Criminal Complaint
circumstances and for the court to pronounce
A sworn written statement charging a person
judgment. (9a)
with an offense executed and Subscribed by
the Offended Party, Any peace officer, or
Other public officer charged with the
TEST - 2 : ESSAY TYPE [ Three points each for every
enforcement of the law violated.
correct answer ]
03- Information
It is an accusation in writing, subscribed by 01: What is the difference between inquest and
the prosecutor and filed with the court. preliminary investigation?
The preliminary investigation entails a longer
04- Criminal Jurisdiction? route. ... In the inquest however, respondent
It is a generic term used to describe the is already in custody. With the affidavit of the
network of laws and rules which govern the person who personally witnessed the crime,
procedural administration of criminal justice. chances are the fiscal will find probable
cause.
05- Criminal Procedure?
The method prescribed by law for the 02: How will you justify that a complaint or information
apprehension and prosecution of persons is sufficient in form?
accused of any criminal offense, and their ❖ If it contain the Name of the accused
punishment, in case of conviction.
❖ The Designation of the offense given by the
06- Evidence statute
It is the means sanction, by these rules of
❖ The Acts or omissions complained of as
ascertaining in a judicial proceeding the truth
respecting a matter of facts. constituting the offense
❖ The Name of the offended party
07- Testimonial evidence
It is a statement made under oath. An ❖ The Approximate date of the commission of
example would be a witness pointing to the offense
someone in the courtroom and saying, “That's
the guy I saw robbing the grocery store.” This ❖ The Place where the offense was committed.
is also called direct evidence or prima facie
evidence. Physical evidence can be any object 03: Explain briefly on how will you considered a
or material relevant in a crime. complain or information is suffecient in substance?
A complaint or information is sufficient in substance if it
08- Witness doesn’t contain any of the defects which is a ground for
It is a person who ACTUALLY IN HIS a motion to quash. (Section 3, Rule 117) Witness
PRESENCE observed and sees an event, Processing for Testimonial Evidence should be followed
typically a crime or accident, take place. to include laboratory result of forensic examination
conducted on the physical evidence derived from the
09- Object (real) Evidence crime scene, SO THAT SUFFIENCY IN SUBSTANCE CAN BE
It Is that which is addressed to the senses of ATTENDED COMPLETELY.
the tribunal, as where objects are presented
for the inspection of the court. 04: Analyzed and explain clearly if what evidence
Cannot be used in court?
10-Dying Declaration Evidence that can not be presented to the jury or
It is the statement of a victim of crime who is decision maker for any of a variety of reasons: it was
in his actual danger of death and the victim improperly obtained, it is prejudicial (the prejudicial
had full apprehension of the danger. value outweighs the probative value), it is hearsay, it is
not relevant to the case, etc.
11-Surveillance
05: How will you justify that the Application of Social
❖ It is a clandestine form of investigation which
Media Intelligence ( SOCMINT ) as another means of
consist of keeping any person, place or other sources of Information.
physical condition in order to obtain evidence
or information pertinent to the purpose of
investigation. Surveillance Whether, foods, ❖ It refers to the techniques and technologies
or vehicles, it is predominantly a matter of that allow companies or governments to
common sense, ability, tact, and ingenuity on monitor social media networking sites (SNSs),
the part of surviellant. such as Facebook or Twitter.
❖ SOCMINT includes monitoring of content,
such as messages or images posted, and other
data, which is generated when someone uses
❖ Associative Evidence
a social media networking site. This
information involves person-to-person,
person-to-group, group-to-group, and 07: In various types of interviews made on
different occasions involving a particular crime,
includes interactions that are private and
State the three [ 3 ] major types of interview and
public.
their purpose?
TEST- 3 : ENUMERATION ❖ On-the-scene Interview

❖ Formal Interview
01: Four aim folds of investigation
❖ Identify the suspect ❖ Follow-up Interview

❖ Locate the suspect 08: Name at least four [ 4 ] setting of the


Interview?
❖ Provide enough and strong evidence with the
application of the modern techniques of ❖ Background Interview
investigation ❖ Routine Criminal cases
❖ File an appropriate charges against the suspect
❖ Important criminal cases

02: three ( 3 ) goals of the Criminal Investigation? ❖ Appropriate time


❖ Controlling Crime
09: Give the four [ 4 ] specific purposes of written
❖ Pursuing Crime Admission and Confession?

❖ Addressing Problems ❖ Provide a written record for the case file

❖ Employment by the prosecution at the


03: What are those four reason which are
trial to refresh recollection, impeach
considered as some successful investigative
witnesses, and, in general, monitor to
techniques?
some extent the testimony
❖ Gained through actual experienced;
❖ Assist the prosecution in planning its
❖ Gained through reading; presentation by reducing the element of
surprise that unforeseen testimony
❖ Ideal combinations of both techniques; would produce
❖ Cooperation of the community ❖ Discourage a witness from wrongfully
changing his testimony at the trial
04: Give at least Eight [8] esponsibilities of
Criminal Investigators? 10: Four [ 4 ] Basic Requirement of a Photograph
Admitted as Evidence In Court:
❖ Determined whether or not a crime has
been committed; ❖ Accurate Representations
❖ Decide if the crime was committed within ❖ Free of Distortion
the investigator’s jurisdiction;
❖ Material and Relevant
❖ Discover all facts pertaining to the
❖ Unbiased
complainant, i.e., gather and preserve
physical evidence, and develop and follow-
up clues; 11-What are the four [ 4 ] Procedures in Taking
Photographs at the Crime Scene
❖ Recover stolen property;
❖ General view
❖ Identify the perpetrator;
❖ Medium view/Mid range view
❖ Locate and apprehend the perpetrator;
❖ Close- up shot
❖ Aid in the prosecution of the offender by
providing evidence of guilt which is ❖ Extreme close- up shot
admissible in court;
❖ And testify effectively in court 12-The three [ 3 ] standard Procedures and rules to
preserve evidence
1-Do not mutilate evidences
05: For the sake of simplicity in investigation,
2-Do not alter evidences
what are the the three [ 3 ] “Tools of Criminal
Investigator”? 3-Do not contaminate evidences

❖ Information - 13-What are the five [ 5 ] rules of evidence?


❖ Interrogation ❖ Admissible

❖ Instrumentation ❖ Authentic

❖ Complete
06: In Circumstantial Evidence, Usually this
nature falls into three ( 3 ) classes. What are ❖ reliable and
these classes?
❖ believable.
❖ Motive :

❖ Opportunity 14-What are these three ( 3 ) goals of the Criminal


: Investigation?
❖ Controlling Crime

❖ Pursuing Crime

❖ Addressing Problems

15-The six ( 6 ) Cardinal Points of Criminal


Investigation?
❖ What offenses have been committed

❖ Where were the offenses committed?

❖ Who committed the offense?

❖ When were the offenses committed?

❖ Why were the offenses committed?

❖ How were the offenses committed?

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