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CDI 1
FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE

LEGAL DOCTRINES, PRINCIPLES, AND MAXIMS

A Research Paper
Presented to the Faculty of the College of Criminology
Merchant Marine Academy of Caraga, Inc.
North Montilla Blvd., Brgy. Ong Yui, Butuan City

In Partial Fulfillment of the

Requirements for the CDI – 1 Subject
In Bachelor of Science in Criminology

By:

1ST SEMESTER
S.Y 2023 – 2024
 INTRODUCTORY STATEMENT
In the intricate tapestry of the legal world, legal doctrines, principles,
and maxims serve as the foundational pillars upon which the entire legal
system is built. These elements provide essential guidance, structure, and
coherence to the realm of jurisprudence. Legal doctrines represent
overarching rules that shape legal reasoning and decision-making across
various domains of law. Legal principles, derived from these doctrines,
form the basis for legal analysis, underpinning concepts like "innocent
until proven guilty" and "equality before the law." Maxims, expressed in
concise phrases, encapsulate distilled legal wisdom and are often cited to
support arguments. Understanding the historical evolution, contemporary
significance, and adaptability of these doctrines, principles, and maxims
is crucial for comprehending the global legal landscape and their role in
ensuring justice, fairness, and the rule of law in our evolving society.
Legal systems, these doctrines, principles, and maxims are not
static entities but living expressions of evolving societal norms and values.
As societies grapple with complex issues such as technological
advancements, globalization, and shifting cultural paradigms, these legal
elements adapt and evolve to address contemporary challenges. Moreover,
their universality transcends borders, as they often find resonance in
diverse legal traditions around the world, thereby serving as a unifying
force in the pursuit of justice and the protection of individual rights. This
research endeavors to shed light on the dynamic nature of these legal
underpinnings, offering insights into how they continue to shape and
respond to the ever-changing legal landscape while remaining steadfast in
their commitment to upholding the principles of fairness, equity, and the
rule of law.
 BODY
1. Actus Reus. It refers to an act which is illegal.
2. Actus Me Invite Factus Non Est Meus Actus. A legal maxim in Latin
which meansthat, “the act done by me against my will is not my act."
3. Actus Reus Non Facit Reum Nisi Mens Sit Rea. A legal maxim in
Latin whichmeans that, “an act is not necessarily a guilty act unless the
accused has the necessarystate of mind required for that
offence.”○Generally, a person cannot be guilty of a crime unless two
elements arepresent: the actus reus (guilty act) and the mens rea (guilty
mind).
4. Burden of Proof. The duty of a party in a legal proceeding to prove an
assertion of fact.
5. Doctrine of Inevitable Discovery. A doctrine which states that,
evidence is admissible even if obtained through anunlawful arrest, search,
interrogation, or violation of an exclusionary law, if it can beestablished,
to a very high degree of probability, that normal police investigationwould
have inevitably led to the discovery of the evidence.
6. Due Process. Legal requirement that the state must respect all legal
rights that are owed to a person. It balances the power of law of the land
and protects the individual person from it.7. El Que Es Causa De La Causa
Es Causa Del Mal Causado. It mean that, “he who is the cause of the cause
is the cause of the evil caused.”
7. El Que Es Causa De La Causa Es Causa Del Mal Causado. It mean
that, “he who is the cause of the cause is the cause of the evil caused.”
8. Exclusionary Rule Principle. The principle which mandates that,
“evidence obtained from an illegal arrest,unreasonable search or coercive
investigation, or in violation of a particular law,must be excluded from the
trial and will not be admitted as evidence.”
9. Ex Post Facto Law. It has been defined as one: which makes an action
done before the passing of the lawand which was innocent when done,
criminal, and punishes such action; or whichaggravates a crime or makes
it greater than it was when committed; or which changes the punishment
and inflicts a greater punishment than the lawannexed to the crime when
it was committed; or which alters the legal rules of evidence and receives
less or different testimony thanthe law required at the time of the
commission of the offence in order to convict thedefendant;
or which assumes to regulate civil rights and remedies only but in effect
imposes apenalty or deprivation of a right which when done was lawful; or
that which deprives a person accused of a crime of some lawful protection
towhich he has become entitled, such as the protection of a former
conviction oracquittal, or a proclamation of amnesty.
10. Fruit of the Poisonous Tree Doctrine. Doctrine that is very similar
to the exclusionary rule. Under the Doctrine, evidenceobtained from illegal
arrest, search or seizure is not admissible in the court of law.!*°This is also
called as Tainted Evidence.
11. Habeas Corpus (May you have the body). A writ used to challenge
the legality of detention.
12. Ignorantia Juris Non Excusat or Ignorantia Legis Neminem
Excusat. A Latin maxim which states that, "ignorance of the law excuses
not." It is a legal principle holding that a person who is unaware of a law
may not escapeliability for violating that law merely because one was
unaware of its content.
13. In Flagrante Delicto (In blazing offense). Technically, it refers to
being “caught in the act" of any misdeed.
14. Locus Delicti (Place of the crime). The shorthand version of Lex
Locus Delicti Commissi or Locus Criminis (Scene ofthe crime).
15. Modus Operandi. This is a Latin phrase, approximately translated as
“Method [Manner] of Operation orM.O.”●The term is used to describe
someone’s habits of working, particularly in the contextof business or
criminal investigation.Offender (Criminal) Signature and Modus
OperandiSignature is a trait an investigator would know or recognize as
belonging to a singleperpetrator. It does not change as the criminal gets
better at his crimes.Modus Operandi is the means by which the crime is
carried out. M.O. can evolve as theoffender becomes more experienced,
proficient, and successful at avoiding capture.
16. Nulla Poena Sine Culpa. Latin for "no punishment without fault" or
"no punishment without culpability" or theguilt principle. It is a legal
principle requiring that one cannot be punished forsomething that they
are not guilty of.
17. Nulla Poena Sine Lege. A Latin for "no penalty without a law." A legal
principle, requiring that one cannot be punished for doing something that
is notprohibited by law.
18. Proof Beyond Reasonable Doubt. The quantum of evidence required
in criminal cases; the accused is entitled to anacquittal, unless his guilt is
shown beyond reasonable doubt. Does not mean such a degree of proof,
excluding possibility of error, producesabsolute certainty. Moral certainty
only is required, or that degree of proof which produces conviction inan
unprejudiced mind.
19. Reasonable Grounds for Belief. It is also called as reasonable grounds
to believe, sometimes referred to as reasonableand probable grounds to
believe, is the test a police investigator must apply when considering the
evidence to exercise their powers during the investigation of anoffence.
These are the powers to arrest with or without a warrant, the power to
search andseize evidence with or without a warrant, and the power to
swear an informationagainst a person once reasonable grounds to believe
have been established.
20. Silver Platter Doctrine. An old legal doctrine on the issue of when
evidence can be used in court even if it hasbeen found in an illegal search
or seizure. This doctrine is obsolete today having been overturned by the
Supreme Court of theUnited States in the case of Elkins v. United States
which was decided in 1960.
 CONCLUSIVE STATEMENT
In conclusion, legal doctrines, principles, and maxims form the
cornerstone of the legal system, comprising a huge range of fundamental
ideas that influence the interpretation, application, and development of
laws. Legal theories establish precise standards for diverse legal
disciplines, ensuring uniformity and predictability in legal outcomes. The
foundation of the legal system, which ensures fairness and justice, is made
up of general legal principles like the rule of law and due process. By
capturing timeless truths, legal maxims, succinct statements of legal
wisdom, further improve legal thinking and decision-making. These
components work as a whole to defend the rule of law and protect the
concepts of justice and equality, acting as the framework upon which the
structure of the law is built. They are essential instruments for directing
legal researchers, judges, and practitioners.
 REFERENCES

• https://www.studocu.com/ph/document/central-luzon-state-
university/criminology/lesson-2-legal-doctrines-principles-and-
maxims/43023233?fbclid=IwAR1HWl-VSIwPM2RW_-MQWRDc-
jPMpKyH4ZU57eEf-6PTMY-XFilwLbGCOnI
• Mahawar, S (May 4, 2022). Retrieved from
https://blog.ipleaders.in/important-legal-maxims-meaning-
interpretation-and-judicial-decisions/