Previous Board Exam Terms
Previous Board Exam Terms
Previous Board Exam Terms
A. INTRO. TO CRIMINOLOGY
CRIMINAL – is a person who had committed or omitted an act in violation of the law
and was been convicted through final judgment by the court having the jurisdiction of
the case.
CRIME – is an act committed or omitted in violation of a law forbidding or commanding
it.
FELONY – is an act committed in violation of the revised penal code
Intentional Felony - those committed with malice
Culpable Felony – those committed because of negligence, lack of foresight and
imprudence
OFFENSE – is an act committed in violation of special laws.
MISDEMEANOR – is an act committed in violation of simple rules and regulations and
is usually committed by minors.
SEASONAL CRIMES- are those that are committed only at a certain period of the year.
Situational Crimes - are those which are committed only when given a situation
conducive to its commission.
Ordinary Criminal- considered as the lowest form of criminal in a criminal career. He
doesn’t stick to crime as a profession but rather pushed to commit crimes due to great
opportunity.
Professional Criminal – a person who is engaged in criminal activities with high
degree of skill. He usually practices crime as a profession to maintain a living.
Adolphe Quetelet (1796-1874)
- He discovered, basing on the research that “crimes against persons increased during
summer and crimes against property tends to increase during winter.
Stages in the Commission of Crime
1. ATTEMPTED - commences the commission of a felony but failed to perform all the
acts of execution for various reasons.
2. FRUSTRATED - all the acts of execution were performed but failed to produce the
felony by reasons or causes independent of the will of the perpetrator.
3. CONSUMATED - when all the elements necessary for its execution and
accomplishment are all present to produce a felony.
B. CORRECTION
Code of King Hammurabi (Hammurabic Code) – Babylon, about 1990 BC, credited
as the oldest code prescribing savage punishment, but in fact, Sumerian codes were
nearly one hundred years older.
Punishment:
- It is the redress that the state takes against an offending member of society that
usually involves pain and suffering.
- It is also the penalty imposed of an offender for a crime or wrongdoing.
Banishment or Exile – the sending or putting away of an offender which was carried
out either by prohibition against coming into a specified territory such as an island to
where the offender has been removed.
Parole - a conditional release of a prisoners after serving part of his/her sentence in
prison for the purpose of gradually re-introducing him/her to free life under the guidance
and supervision of a parole officer.
Probation – a disposition whereby a defendant after conviction of an offense, the
penalty of which does not exceed six years imprisonment, is released subject to the
conditions imposed by the releasing court and under the supervision of a probation
officer.
Duration of Penalties
1. Death Penalty – Capital punishment
2. Reclusion Perpetua – life imprisonment, a term of 20-40 yrs imprisonment
3. Reclusion Temporal – 12 yrs and 1 day to 20 years imprisonment
4. Prision Mayor – 6 yrs and 1 day to 12 years
5. Prision Correctional – 6 months and 1 day to 6 years
6. Arresto Mayor – 1 month and 1 day to 6 months
7. Arresto Menor – 1 day to 30 days
8. Bond to Keep the Peace – discretionary on the part of the court.
PRISON Defined:
- A penitentiary, an institution for the imprisonment (incarceration) of persons convicted
of major/ serious crimes.
- A building, usually with cells, or other places established for the purpose of taking safe
custody or confinement of criminals.
- A place of confinement for those charged with or convicted of offenses against the
laws of the land.
The Two Rival Prison System in the History of Correction
A. The Auburn Prison System – the prison system called the “Congregate System”.
- The prisoners are confined in their own cells during the night and congregate work in
shops during the day. Complete silence was enforced.
B. The Pennsylvania Prison System – the prisons system called “Solitary System”.
- Prisoners are confined in single cells day and night where they lived, they slept, and
they ate and receive religious instructions. Complete Silence was also enforced. They
are required to read the Bible.
PRISONER
- A prisoner is a person who is under the custody of lawful authority. A person, who by
reason of his criminal sentence or by a decision issued by a court, may be deprived of
his liberty or freedom.
- A prisoner is any person detained/confined in jail or prison for the commission of a
criminal offense or convicted and serving in a penal institution.
- A person committed to jail or prison by a competent authority for any of the following
reasons: To serve a sentence after conviction – Trial – Investigation –
General Classification of Prisoners
1. Detention Prisoners – those detained for investigation, preliminary hearing, or
awaiting trial. - A detainee in a lock up jail.
- They are prisoners under the jurisdiction of Courts.
2. Sentenced Prisoners – offenders who are committed to the jail or prison in order to
serve their sentence after final conviction by a competent court.
- They are prisoners under the jurisdiction of penal institutions.
3. Prisoners who are on Safekeeping – includes non-criminal offenders who are
detained in order to protect the community against their harmful behavior. Ex. Mentally
deranged individuals, insane person.
Classification of Sentenced Prisoners:
1. Insular or National Prisoners
- Those sentenced to suffer a term of sentence of 3 years and 1 day to life
imprisonment.
- Those sentenced to suffer a term of imprisonment cited above but appealed the
judgment and unable to file a bond for their temporary liberty.
2. Provincial Prisoners
- Those persons sentenced to suffer a term of imprisonment from 6 months and 1 day to
3 years or a fine not more than 1,000 pesos, or both; or
- Those detained therein waiting for preliminary investigation of their cases cognizable
by the RTC.
3. City Prisoners
- Those sentenced to suffer a term of imprisonment from 1 day to 3 years or a fine of
not more than 1,000 pesos or both.
- Those detained therein whose cases are filed with the MTC.
- Those detained therein whose cases are cognizable by the RTC and under
Preliminary Investigation.
4. Municipal Prisoners
- Those confined in Municipal jails to serve an imprisonment from 1 day to 6 months.
- Those detained therein whose trials of their cases are pending with the MTC.
Classification of Prisoners According to Degree of Security:
1. Super Maximum Security Prisoners
- A special group of prisoners composed of incorrigible, intractable, and highly
dangerous persons who are the source of constant disturbances even in a maximum
security prison.
- They wear orange color of uniform.
2. Maximum Security Prisoners
- The group of prisoners whose escape could be dangerous to the public or to the
security of the state.
- It consist of constant troublemakers but not as dangerous as the super maximum-
security prisoners. Their movements are restricted and they are not allowed to work
outside the institution but rather assigned to industrial shops with in the prison
compound.
- They are confined at the Maximum Security Prison (NBP Main Building), they wear
orange color of uniform.
- Prisoners includes those sentenced to serve sentence 20 years or more, or those
whose sentenced are under the review of the Supreme Court, and offenders who are
criminally insane having severe personality or emotional disorders that make them
dangerous to fellow offenders or staff members.
3. Medium Security Prisoners
- Those that cannot be trusted in open conditions and pose lesser danger than
maximum security prisoners in case they escape.
- It consists of groups of prisoners who may be allowed to work outside the fence or
walls of the penal institution under guards or with escorts.
- They occupy the Medium Security Prison (Camp Sampaguita) and they wear blue
color of uniforms. Generally, they are employed as agricultural workers.
- It includes prisoners whose minimum sentence is less than 20 years and life-
sentenced prisoners who served at least 10 years inside a maximum security prison.
4. Minimum Security Prisoners
- A group of prisoners who can be reasonably trusted to serve sentence under “open
conditions”.
- This group includes prisoners who can be trusted to report to their work assignments
without the presence of guards.
- They occupy the Minimum Security Prison (Camp Bukang Liwayway) and wear brown
color uniforms.
C. CRIMINAL INVESTIGATION
Warrant of Arrest is
- An order in writing issued in the name of the People of the Philippines;
- signed by a judge;
- directed to a peace officer, commanding him to arrest the person designated and take
him into custody of the law in order that he may be bound to answer for the commission
of an offense.
Complaint - is a sworn written statement charging a person or a group of persons of an
offense that is subscribed by the offended party such as the victim/s of the offense
committed, or any other peace officer charged with the enforcement of the law violated.
Information is an accusation in writing charging a person or a group of persons of an
offense that is subscribed by the prosecutor or fiscal. It is substantiated on oath and
includes the name of the party, the offense committed, facts of the offense and other
factors relevant
INFORMATION = It is the knowledge or facts which the investigator had gathered or
acquired from persons or documents, which are pertinent or relevant concerning the
commission of the crime or criminal activities.
INTERVIEW is the simple questioning of a person who cooperates with the investigator.
In account of the interview, the witnesses voluntarily give their accounts about the
commission of a crime.
INTERROGATION is the process of obtaining an admission or confession from those
suspects who committed the crime. It is confrontational in nature, which means that the
suspect is confronted about his participation in the commission in an offense. is the act
or process of questioning somebody closely, often in an aggressive manner, especially
as part of an official investigation or trial
INSTRUMENTATION = This is sometimes called Criminalistics. It is the process of
applying instruments or tools of the police sciences in criminal investigation and
detection. This is the use of the Police Laboratory in the examination of physical
evidences.
The General Kinds of Sketch
1. Rough Sketch is the sketch made by the investigator at the crime scene which is full
of important details but without the scale of proportion. This is used as the basis for the
finished sketch.
2. Finished sketch is the sketch with a scale of proportion and drawn by a draftsman
which can be used for court presentation. Rough and finished sketches if requested by
the court shall be presented by the draftsman to clear doubts of the jury.
Legend = This is usually placed at the bottom of sketch outside the sketch of the scene.
Numbers represent the objects in the crime or letters in order not to unnecessarily
crowd the graphic presentation. Their descriptions are found in the legend.
THE SPECIFIC KINDS OF SKETCH
1. Sketch of Locality – It deals with the vicinity of the crime scene in relation to the
environs, to include neighboring buildings, structures, or means of access leading to the
scene. This kind of sketch is applied in conflagrations, suspected to be arson, indicating
the origin of the fire and how is spread naturally or unnaturally against the wind.
2. Sketch of Grounds – This is the kind of sketch which illustrates the scene of the
crime with the nearest physical surroundings, such as the room adjacent or opposite the
room of the crime scene, the number of floors of a building or house, the yard and the
other natural structures.
3. Sketch of Details – It includes the positions and exact locations of the physical
evidence in the crime scene. It describes the immediate scene only like the room which
the crime was committed and the details of items in the room.
4. Cross Projection – It also describes the immediate scene only, specifically inside a
room as the scene of the crime. The room is treated as the cardboard box where the
side and the cover are collapsed to the same plane as the bottom. The bottom serves
as the floor, the four sides representing the walls and the cover representing the ceiling.
CLASSES OF EVIDENCE
1. Testimonial Evidence – most common form of evidence obtained by interview and
interrogation of which witnesses smell, hear, taste and touch are being described
through oral and written testimony.
2. Documentary Evidence – are writings, including official records, or contents “could
speak for themselves” when read by the investigation and the court. They may be
collected through voluntary relinquishment or by a Subpoena Duces Tecum (court
order) which compels the party to bring the records to the court.
3. Physical or Real Evidence – are physical objects used as evidence w/c are
obtained through searches at the scene of the crime. Articles and material found in
connection with investigation, which aid in establishing the identity of the perpetrator.
D. POLICE OPERATIONAL PLANNING
Classification of Police Plan
According to coverage: Police Plans could be Local Plans (within police precincts, sub-
stations, and station), Regional Plans, and National Plans.
According to Time: Police Plans are classified as:
1. Strategic Long Range Plan—It relates to plans which are strategic or long range in
application, and it determine the organizations original goals and strategy.
2. Intermediate or Medium Range Planning—It relates to plans, which determine
quantity and quality efforts and accomplishments. It refers to the process of determining
the contribution on efforts that can make or provide with allocated resources.
3. Operational or Short Range Planning—refers to the production of plans, which
determine the schedule of special activity and are applicable from one week or less than
year duration. Plan that addresses immediately.
Reactive plans (Assault)– are developed as a result of crisis to resolved.
Proactive plans (Planning)– are develop in anticipation of problems.
E. FORENSIC BALLISTICS
BALLISTICS – deals with the study of motion of projectiles.
- drived from the greek word “BALLO” or “BALLEIN” which means to throw BALLISTA –
A gigantic bow or catapult that hurls stones in killing enemies and wild animals.
BRANCHES OF BALLISTICS
1. INTERIOR BALLISTCS – refers to the motion of projectiles while still inside the
firearms.
2. EXTERIOR BALLISTICS – refers to the motion of projectile after leaving the muzzle
of the gun barrel.
3. TERMINAL BALLISTICS – refers to the effect of impact of the bullet towards the
target
4. FORENSIC BALLISTICS – science of firearm identification by means of the
ammunition fired through them.
KOLIBRI AUTO PISTOL – the smallest center firearms.
MAGNUM .44 now CALIBER .50 – the most powerful handgun in the world
manufactured in ISRAEL.
MAGNUM was originated from ENGLAND.
REVOLVER – hand firearms which has a rotating cylinder .
PISTOL – a hand firearms usually applies to single shot and automatic loading.
SINGLE ACTION – weapon in which pressure upon the trigger releases the hammer
that must be manually cocked.
DOUBLE ACTION – weapon in which pressure upon the trigger both cocks and
releases the hammer.
AUTOMATIC – when the mechanism is so arranged that it will fire continuously while
the trigger is depressed.
AIR RIFLE - a type of weapon designed to shoot pellets by means of compressed air.
FIRE ARMS – is an instrument used for the propulsion of projectiles by means of the
expansive force of gases coming from the burning powder.
CLASSIFICATION OF FIREARMS
1. SMOTH-BORE FIREARMS - firearms that does not contain rifling or perfectly smooth
from end to end.
2. RIFLED ARMS – firearms that contains rifling
AMMUNITION – shall mean loaded shell for rifles, muskets, carbines, shotgun,
revolvers and pistol from which a bullet, ball, shot, shell or other missiles maybe fired.
CARTRIDGE – a complete unfired unit consisting of bullet, primer cartridge case and
gun powder.
PRIMER – used for igniting propellant
GUN POWDER – any of various powder used in firearms as propellant charge
BULLET – a projectile propelled from a firearm
- a metallic or non metallic cylindrical projectile.
- Originated from the French word “BOULETTE” means a small ball
LEAD BULLET – used in almost all revolver ammunition
JACKETED BULLET – used for automatic pistol ammunition and medium and high
power rifle ammunition.
ARMOR-PIERCING BULLET – is a pointed bullet used to penetrate armored vehicles.
TRACER BULLET – these are intended primarily for machine gun, these bullets when
fired emits a bright red flame from their base.
INCENDIARY BULLET – similar to tracer bullet, for identification purposes this has a
light blue color.
MARKS FOUND ON FIRED BULLET
LAND MARKS – depressed portion caused by the land
GROOVE MARKS – raised on elevated portion cause by the grooves
SKIDMARK – when the bullet enters the rifled bore from a stationary position and is
forced abruptly into the rifling, its natural tendency is to go straight toward before
encountering the regular rifling twist.
SLIPPAGE MARK – bullets fired from a worn-out barrel, oily barrels and slightly over
sized barrels.
SHAVING MARKS – most commonly these marks are found on bullets fired from a
revolver due to a poor alignment of the cylinder with the bore.
CLASS CHARACTERISTICS – are those characteristics which are determinable prior
or before the manufacture of the firearm
INDIVIDUAL CHARACTERISTICS – are those characteristics which are determinable
only after the manufacture of the firearm.
TYPES OF RIFLINGS
STYRE TYPE – 4 lands and 4 grooves, right hand twist
SMITH AND WESSON TYPE – 5 lands and five grooves, right hand twist
BROWNING TYPE – 6 lands and 6 grooves, right hand twist.
COLT TYPE - 6 lands and 6 grooves, left hand twist.
WEBLEY TYPE – 7 lands and seven grooves, right hand twist
ARMY TYPE – 4 lands and 4 grooves, right hand twist
EQUIPMENT USED IN A BALLISTICS LABORATORY
COMPARISON PROJECTOR - two fired bullets or two fired shells can be compared in
one setting.
MEASURING PROJECTOR – Determines the width of the lands, width of grooves,
diameter and twist of a fired bullet.
VERNIER CALIPER – this instrument determines the bullet diameter and barrel length.
ANALYTICAL BALANCE – determines the weight of the bullets, shots and pellets for
possible type.
TAPER GAUGE – used for determining the bore diameter of the firearm
ONOSCOPE – for examining the interior surface of the gun barrel
HELIXOMETER – for measuring the pitch of rifling/rifling.
CHRONOGRAPH – for determining the speed of the bullet or the muzzle velocity of the
bullet.
F. QUESTIONED DOCUMENTS
DOCUMENT – is any written document by which a right is established or an obligation
is extinguished.
KINDS OF DOCUMENTS
PUBLIC DOCUMENT – is any instrument notarized by a notary public official with
solemnities required by law.
OFFICIAL DOCUMENT – any instrument issued by the government or its agent or its
officer having the authority to do so and the office.
PRIVATE DOCUMENT – every deed or instrument executed by a private person
without the intervention of a notary public or of any other person legally authorized, by
which documents, some disposition or agreement is proved, evidenced or set forth.
COMMERCIAL DOCUMENT – any instrument executed in accordance in the code of
commerce or any mercantile law, containing disposition of commercial rights or
obligations.