What is the difference between reactive investigation and proactive investigation?
Criminal investigations can be either reactive, where the police respond to a crime that has already occurred, or proactive, where the investigation may go on before and during the commission of the offense.
What is the exception to the general rule that a criminal investigation is not a science but an art?
The exception to the general rule, perhaps in the 1987 Constitution which states among other things, that an arrested person under custodial investigation is afforded with the three Constitutional rights: * The right to remain silent * The right to counsel * The right to be informed of the nature and the cause of the …
What are the 4 types of evidence?
There are four types evidence by which facts can be proven or disproven at trial which include:
- Real evidence;
- Demonstrative evidence;
- Documentary evidence; and.
- Testimonial evidence.
What is grave felony?
9- Grave felonies are those which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Article 25 of this Code. The gravity of a felony is determined by the penalties attached to them by law.
What are the felonies where even in the proposal to commit it are punishable by law?
— Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.
Under what circumstances would you conduct a reactive investigation?
Reactive investigation is used when investigators receive information of criminal activity and there is an urgent need to intervene. In such cases, too great a delay in response can result in serious consequences for victims.
What are the four phases of criminal investigation?
Applied to the criminal realm, a criminal investigation refers to the process of collecting information (or evidence) about a crime in order to: (1) determine if a crime has been committed; (2) identify the perpetrator; (3) apprehend the perpetrator; and (4) provide evidence to support a conviction in court.
What are the 6 cardinal points of investigation?
In the performance of his duties, the investigator must seek to establish the six (6) cardinal points of investigation, namely: what specific offense has been committed; how the offense was committed; who committed it; where the offense was committed; when it was committed; and why it was committed.
What is frightened informant?
Frightened Informant- possesses fear or has self interest in giving information to the police. He might be one of the lesser gang member who runs to the police when his gang mates are about to be involved in a dangerous situation or when the gang is hot on the police trail.
What happens if a witness refuses to testify after appearing in court?
A witness who refuses to testify after appearing in court could be: charged with a violation of a court order under Penal Code 166. Contempt may be civil or criminal in nature. It depends on whether the court’s purpose is:
What happens when a witness for the prosecution takes the stand?
A prosecutor’s worst nightmare—besides losing a case—is when a witness for the prosecution takes the stand and surprisingly testifies in favor of the defendant. It just doesn’t happen in the movies! It does happen in real life and such surprises wreak havoc of the State’s case.
Why is it important to separate witnesses in court?
Excluding witnesses from the courtroom prevents a witness from influencing someone else’s testimony. Separating witnesses is crucial to the ultimate goal of a criminal trial – discovering the truth.
Can a criminal defendant claim that a prosecution witness disobeyed a court order?
In the reverse scenario, where criminal defendants claim that prosecution witnesses disobeyed orders, courts have held that the defendants are entitled to a hearing on the issue (U.S. v. Engelmann, 701 F.3d 874 (8th Cir. 2012)).