Deception Detection, Penalties, Evidence, Preservation, Confession Flashcards by Clyde Silverio

Name examples of deception detection that record psycho-physiological response

use of polygraph, use of word association test, use of pyschological stress evaluator

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This method of detection of deception uses administration of truth serum, narcoanalysis, and intoxucation

“inhibit the inhibitor”

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A type of questioning where the questions have no bearing to the case under investigation

“irrelevant questions”

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This supplementary test may be given if the subject is not yet informed if the details of the offense. A truthful subject will respond by not building up tension

Peak-of-tension test

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This type of supplementary test is applied when the response to relevant and control questions are similar in degree and consistencey

Guilt complex test

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This detects, measures, and graphically displays voice modulations that we cannot hear

Psychological stress evaluator

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This drug is given hypodermically to induce a state of delirium. The drug acts as a depressant on the nervous system. Also called the truth serum.

hyoscine hydrobromide

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This method is the same as the administration of truth serum. Its just that the drug used in psychiatric sodium amytal or sodium pentothal.

Narcoanalysis or narcosynthesis

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Cite examples of signs and symptoms of guilt

sweating, flushed face, dryness of mouth, excessive activity of adams apple, fidgeting, “peculiar feeling inside”, swearing to the truthfulness, “spotless past record”, inability to look at the investigator, “not that I remember expression:

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Retroactive effect of law can be done only if it is ____

curative

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[Penalties]

Reclusion perpetua

20 years and 1 day to 40 years

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[Penalties]

Reclusion temporal

12 years and 1 day to 20 years

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[Penalties]

Prision mayor

6 years and 1 day to 12 years

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[Penalties]

Prision correcional

6 months and 1 day to 6 years

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[Penalties]

Destierro

Banishment within 25km from actual residence

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[Penalties]

Arresto mayor

1 month and 1 day to 6 months

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[Penalties]

Arresto menor

1 day to 30 days

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[Types of medical evidence]

evidence perceived by the senses except indecency or impropriety

Autotopic or real evidence

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[Types of medical evidence]

given orally and expressed under oath

Testimonial evidence

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[Types of medical evidence]

witness is allowed to confirm or corroborate the alligation

Experimental evidence

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[Types of medical evidence: Documentary evidence]

Substitutionary evidence which is admissible only when the best evidence or original document is not available

Secondary evidence

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[Types of medical evidence: Documentary evidence]

are oral evidence that is not admissible to vary, modify, or contradict best evidence

Parole evidence role

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[Types of medical evidence]

article and materials which are found in connection with the investigation

Physical evidence

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[Types of medical evidence: Physical evidence]

___ objects or substances which may be part of the body crime. Proves that the crime existed

Corpus delicti

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[Types of medical evidence: Physical evidence] ____ evidence link the suspect to the crime.

Associative evidence

[Types of medical evidence: Physical evidence] ___ evidence assist the investigator

Tracing evidence

[Types of medical evidence: Physical evidence] Objects or substances, proves that the crime existed

Corpus delicti

[Types of medical evidence: Physical evidence] link the suspect to the crime

associative evidence

[Types of medical evidence: Physical evidence] assist the investigator

tracing evidence

[Methods of preservation] miniature level

manikin methid

[Evidence necessary for conviction] proves the fact in dispute without the aid of any inference

Direct evidence

[Evidence necessary for conviction] Proof of facts or fact from which taken either singly or collectively, may infer as necessary or probable consequence

Circumstantial evidence

[Weight and sufficiency of evidence] preponderance of evidence is for

civil cases

[Weight and sufficiency of evidence] the defendant is entitled to an aaquittal, unless guilt is proven beyond reasonable doubt

Criminal case

[Detection Deception] a list of stimulus and non-stimulus words are used; instructed to answer as quickly as possible

word association test

[Detection Deception: Use of drug] truth serum is made of

Hyoscine hydrobromide (given hypodermically)

[Detection Deception: Use of drug] commonly used drug for narcosynthesis

sodium amytal or sodium pentothal

[Types of criminal offenders] commit crime in an impulsive manner

Active Aggressive Offenders

[Types of criminal offenders] commit crime because of inducement, promise or reward

Passive inadequate offenders

[Types of criminal offenders] Commit crime with motive or intention

Rational offenders

[Types of criminal offenders] commit crime without knowing the nature and quality of his act

Irrational Offenders

[Types of criminal offenders] lowest form of criminal career, lack the capacity to avoid arrest

Ordinary offenders

[Types of criminal offenders] pick-pocketing, shoplifting

Professional offender

[Types of criminal offenders] crime of passion, anger and revenge

Emotional

[Types of criminal offenders] commit crimes for financial gain and recidivist

non-emotional

[Confession] made outside the court, not be sufficient ground for conviction

Extrajudicial confession

[Confession] confession accused in court;

Judicial confession Reduces the punishment by degree

[Homicide vs Murder] You are reckless, careless or negligent and your negligence is inexcusable or unjustified

Reckless imprudence resulting in homicide Prison term: 4 years and 2 months

[Homicide vs Murder] sinadya

Plain and simple homicide Prison term: 6 years and 1 day up to 12 years

[Homicide vs Murder] What would qualify homicide to be upgraded to murder

aggravating circumstances

[Homicide vs Murder] What are aggravating circumstances to upgrade homicide to murder

1. Treachery 2. Use of superior force and night time 3. Done during a shipwreck, conflagration, epidemic 4. Committed in the presence of the chief executive 5. Adding insult to injury 6. In consideration of a price, reward or promise

[Sex crimes] ____ virginity; not knowing the nature of sexual life, below age of puberty

Moral virginity

[Sex crimes] ___ condition of a woman who permits any form of sexual liberties as long as they abstain from rupturing the hymen by sexual act

Demi verginity

[Sex crimes] a truly virgin woman

virgo intacta

[Sex crimes: Physical Virginity] hymen is intact, opening small barely admit tip

True physical virginity

[Sex crimes: Physical Virginity] hymen unruptured but orifice is wide and elastic to admit 2 or more fingers

False physical virginity

[Hymen laceration] < 1/2 of the hymen

superficial

[Hymen laceration] >1/2 but not reaching the base

deep

[Hymen laceration] beyond the base

complete

[Hymen laceration] beyond the vaginal canal

compound/ complicated

RA ___ discussing marital rape

RA 9262

[Rape] age cut off for statutory rape

<12 years old

What are the instances when rape is punishable by death

1. Victim becomes insane 2. Rate is attempted or frustrated 3. When homicide is committed

What are the instances that rape is punishable by reclusion perpetua?

1. Rape is committed with the use of a deadly weapon or by 2 or more persons 2. When victim has become insane (reclusion perpetua to death) 3. When the rape is attempted, homicide is committed 4. Homicide is commited

What are the aggravating circumstances when rape is punishable with death penalty?

1. Victim <18 y/o and the offender is a parent, step-parent, guardian, relative consanguinity or affinity 2. Victim is under the custody of the military 3. Conducted in full view of the spouse or relative 4. Religious engaged in legitimate religious vocation 5. Victim < 7 years old 6. Offender knows he has HIV and STF 7. Committed by AFP, PNP 8. victim suffered permanent physical mutilation or disability 9. Offender is pregnant 10. offender know mental disability

[Examination for seminal fluid: microchemical tests] specific for spermatic fluid

Berberio test

[Examination for seminal fluid: microchemical tests] conclusive of the presence of the semen

acid phosphatase test

[Examination for seminal fluid: microchemical tests] Best way to stain spermatozoa in india

Ganguli method

[Examination for seminal fluid: microchemical tests] test to know whether the semen is of human origin or not

Precipitin test

[Seduction] single or widow of good reputation, over 12 but under 19 years old, committed by means of deceit

Simple seduction Virginity is not an elemnt

[Seduction] seduction of a virgin over 12 and under 18 years of age; committed by a person in public authority, priest, house servant, domestic, guardian or any person

qualified sediction

[Seduction] is virginity needed in incestuous seduction?

No!

What are element to say that acts os lasciviousness was done

1. Using force and intimidation 2. Depriving her of her reasons or otherwise unconscious 3. < 12 years old 4. Offended party must be a person of the other sex

[Abduction] Abducted is woman, abduction is against her will, abduction is lewd design

Forcible abduction

[Abduction] Offended party must be a virgin, over 12 but under 18, carrying away of the offended party with her consent, taking away is with lewd design

Consented Abduction

[Adultery and Concubinage] what is the punishment for a male who committed concubinage?

6 years imprisonment

[Adultery and Concubinage] what is the punishment for the concubine

destiero

Who can be charged of Abuse against chastity?

1. Public officer who shall solicit or make immoral or indecent advances to a woman 2. Warden or public officer directly charged with the custody and care of prisoners 3. solicit to propose earnestly and persistently something immoral or indecent

[Unnatural Sexual Offenses] acts are highly scandalous, offending agains decency and good customs; committed in a public place

Grave scandal

[Unnatural Sexual Offenses] publicly expound, proclaim doctrines openly contrary to public morals

Immoral doctrines, obscene, publications and exhibition

___ pain or cruel act as a factor for gratification

Algolagnia (sadomasochism)

___need to use obscene language to be aroused

coprolalia