Вы находитесь на странице: 1из 24

CCC Criminology Review

Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

-1investigation agrees that this also helped in fast-

FUNDAMENTALS OF CRIMINAL INVESTIGATION

tracking the evolution of criminal investigation. EARLY CONTRIBUTORS

ATTY. ARTEMIO JAY G. TORREDES, RCRIM.


Partner, Torredes Cedeno & Associates Law Firm, Cebu City Former Dean, Criminology Department, UC Main Former Professor, Graduate School Department, UC Main Academic Director, CMT Target Criminology Review Former Corporate Attorney, MCIAA Member, IBP Cebu Province Chapter Topnotcher (1st Place) Sept. 2002 Criminologist Licensure

Eugene Francois Vidoque a former convict who became the head of Surete, which was recognized at that time as Frances premier detective agency. He is credited for his effective use of criminals to catch criminals. Vidoques unorthodox approach later became a model for John Wilkes Booth who infamously stated that it takes a thief to catch a thief. Henry & John Fielding Henry Fielding was a

PART 1 INTRODUCTION Criminal investigation in its modern form is a rather recent development. In the past, crimes are solved not by scientific methods of inquiry but rather through crude and discredited means such as witchcraft, torture and other similar methods. Early 19th Century Criminologists saw the need to develop a scientific means of identifying criminals because the criminological theories are useless unless we send the right persons to jail or prisons. For instance, the classical theory of deterrence and positivist theory of rehabilitation cannot be applied to an innocent person since no amount of

travelling magistrate of England who established the worlds first uniformed police force in Bow Street, a road notorious for thievery. Also known as runners or thief-takers, they conduct patrol and respond to reported incidents. When Henry died, he was replaced by his blind brother John as head of the Bow Street Runners. This eventually became a model for the London Metropolitan Police (Scotland Yard) of Sir Robert Peel. Dr. Hans Gross father of Criminalistics, he published a book entitled Modern Criminal Investigation which pave the way for Edmund Locard to incorporate modern science to police works. Edmund Locard French criminologist, he

punishment or treatment can deter or treat an innocent person. Thus, Dr. Hans Gross, Edmund Locard and August Vollmer undertook to establish the earliest crime laboratory in the world to advance the art and science of investigation. Interestingly, a series of books published by Sir Arthur Conan Doyle features a fictional character named Sherlock Holmes as a detective who used crude scientific methods in investigating crimes long before the world has seen its first crime laboratories. Contemporary authorities in criminal

established the worlds first crime laboratory in Lyon, France. He expounded Dr. Gross theory by stating that when two object come into contact with one another, they leave traces of each other behind (there is always something left behind at the crime scene). This became known as Locards Exchange Principle upon which modern forensic science owes its theoretical foundation. Sir Llewelleyn William Atcherly Chief Constable of West Riding, Yorshire. He pioneered the recording of M.O. (modus operandi) files as investigative aids

nd

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

that can be used to identify criminals based on the tools they use, the manner of commission, the time of the crime, and other pertinent data.

-2private protection business known as the WellsFargo & Co. August Vollmer He served as an Army Sergeant

Thomas Byrnes he discovered that Modus Operandi do not remain the same and it changes as the career progression of the criminal changes. He instituted the Bulmerry Morning Street Parade a practice where captured criminals are paraded in front of the police force in order to facilitate easy identification in case they commit crimes in the future. This is the origin of the Police Line-Up. Alphonse Bertillon who framed father of Personal (the

in the Philippines during the Spanish-American war and became an Army Policemen who oversaw the integration of former Guardia Civil into the new Insular Constabulary. convinced His him experience of the in need the to Philippine

professionalize policing and shield it from politics. He reluctantly accepted the position of Marshal of Berkeley California when a posse was commissioned in order to respond to a train derailing incident and it was then that his innovative approach to policing recognized. development States in Following in order the lead Criminal to began to be of European he to

Identification

Anthropometry

individualization of a person based on body measurements). This supplemented the practice of descriptive words accompanying a sketch in order to identify criminals (also known as Portrait Parle French for word picture or talking pictures). With the advent of photography, drawings became out of fashion. Nevertheless, the practice of accumulating Rogues Gallery became imbedded in policing around the world. Jonathan Wild conceived a business of recovering stolen properties for a fee in England in the 17th Century (theif-takers). Arguably the worlds first private detective, he took advantage of a system of bounty and rewards set up by the British

Investigation, his efforts

established the first crime laboratory in the United support professionalize policing (Wadman & Allison, 2004, cited in Intro. to Theory, Practice & Career Devt. in Public & Private Invst., Gunter & Hertig, 2005). John Edgar Hoover director of the Federal Bureau of Investigation, his efforts to centralize information on fugitives, criminal activity, organized crime, fingerprints, etc., led to the further development of criminal investigation. INVESTIGATION The word investigation came from the latin word

Parliamentary Reward System. Alan Pinkerton he was a pioneer in nongovernment policing and private detective works in the US. The company he established bore his name (Pinkertons) and have a logo of an eye with the inscription we never sleep which the American public came to know as private eye. Among the famous cases they solved involved Harry Sundance Kid Longbaugh of the Butch Cassidy outlaw gang. He is also credited for hiring the first female involved in investigative works, Mrs. Kate Warne. The Pinkertons are rivaled only by another Investigation is not unique to law enforcement. As a matter of fact, other professions routinely conduct investigation on their fields of specialization. Thus, a doctor must first diagnose the disease before he can recommend the cure. He must investigate. Likewise, an engineer cannot calculate the concrete unless he measures the floor area of the structure he is building. He must investigate. vestigare, which means to track or to trace.

nd

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

CRIMINAL INVESTIGATION: When applied to law enforcement, it is safe to state that crimes cannot be solved on its own unless the police conducts criminal investigation. Criminal investigation is the systematic, step-by-step process of determining whether or not a crime has been committed, and if so, who committed it. Since it involves a step-by-step process, it helps to know the different stages involved in the development of a full blown criminal investigation, these are: 1. Detection is the fact of discovery. It is the chance event which triggers the operation of our criminal justice system. This occurs when a possible crime is observed by the police or are reported to its attention. 2. Preliminary Investigation the early of initial stage of the investigation immediately after the occurrence of the crime. This is usually done by first responders or patrol officers who take the following primary responsibilities on site: i. ii. iii. Deal with emergencies first: Neutralize all threats Render aid to the injured Cordon the crime scene Record all information and disseminate to available pursuit iv. v. 3. Wait for detectives Make initial/spot report Follow-up Investigation after the initial patrol units for possible hot

-3prevent the closure of the case. This usually happens when unethical investigative practices are resorted to, thereby requiring re-investigation in order to prevent a miscarriage of justice. These unethical investigative practices may include: i. ii. iii. iv. Torture Planting of evidence Instigation Frame-up where an innocent person is made to appear responsible for a crime committed by another v. White wash or cover up where officials deny the existence of a crime

NOTE: Criminal Investigation, in whatever stage, is

primarily REPRESSIVE. Meaning, it comes into action only when a crime occurs. Crime prevention is the first line of defense, when it fails, criminal investigation (the second line of defense) begins. Criminal investigation therefore is reactive, rather than proactive. However, if you are asked: Can criminal

investigation be possibly considered PREVENTIVE? The answer is YES. By conducting thorough investigation, the police can prevent the same criminal from committing future crimes. In this very limited sense, criminal investigation may be considered preventive.

investigation, a more thorough investigation is made by the detectives or investigators in order to tie up the loose ends of the initial investigation or further build up a stronger case. 4. Re-investigation in some cases, a re-

investigation is resorted to whenever fatal errors are committed in the earlier investigations which
2
nd

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

SCHEMATIC

DIAGRAM

OF

THE

FLOW

OF

-4ask probing questions. He must do all of this while being able to retain information. On top of this, he must prepare his report in a well arranged case folder. The investigator also has the initial responsibility to recommend what offense to charge. He therefore must have a thorough understanding of the penal laws of the land. He is also expected to be well versed on the procedures for filing of complaint, application for Search Warrant, testimony in court, making of affidavits, etc. In addition, he must be able to identify the evidentiary value of materials and information he comes across in the course of his investigation. All of these require more than an average intellectual capability. II. EMOTIONAL/PSYCHOLOGICAL investigators often encounter cases which reveal the worst of human nature: father raping their own daughters, children killing their own parents, neighbors stealing from their own community, rapists who ravage and kill their own victims. Investigators who lack emotional and psychological maturity will find themselves personally affected by the cases they are handling. If things get too personal for an investigator, he loses his neutrality and objectivity by becoming too involved in the case. An emotionally immature victims. feels policeman For may be A the

INVESTIGATION:

QUALITIES OF A GOOD INVESTIGATOR Not all police officers are fit for detective or investigative works. A good candidate for investigative assignment must possess adequate Intellectual, Emotional and Physical characteristics (Bennet & Hess, Criminal Investigation, 1995 Edition). I. INTELLECTUAL in dealing CHARACTERISTICS with various kinds of

susceptible to manipulation. Remember, not all complainants nature are instance: for A, complained that she was raped by B. Human naturally sympathy complainant. But the investigator must not be swayed so easily. He must be suspicious of the possibility that A is lying and was motivated by revenge, hatred or spite against B. Thus, a good investigator must have the diligence and professionalism to independently gather facts. This doctrine is strictly followed by the NBI. III. PHYSICAL CHARACTERISTICS the least important but nevertheless desirable characteristic

investigators must be able to sort out facts from fictions information. He must learn how to use inductive and deductive reasoning, use a logical process of elimination, be familiar with the common knowledge and motivations of men, and be able
nd

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

-5is the ability to work long hours in the field under challenging conditions. Oftentimes, detectives find themselves working in remote areas where there are no ready access to food, drinks and medicines. There are instances where the terrain of the crime scene is physically challenging such as a ravine or a deep well where the investigator may have to climb up and down. Most of the time, crime scenes are exposed to the elements, the sun, the rain, chemicals and even infectious bacteria. CSI EFFECT CSI Effect is a recent phenomenon in relation to criminal investigation that results to an The following are sources of information: A. Persons B. Places C. Things Far from the glamorous depiction of detectives in televisions and the movies, effective investigators are often involved in hard work, risking their lives and limbs, and living anonymously far from the limelights often depicted in the movies. GOALS OF CRIMINAL INVESTIGATION Criminal investigation have the following generally accepted objectives: 1. To determine whether or not a crime has been committed 2. To identify & arrest the suspect 3. To provide the prosecution with evidence necessary to support conviction 4. To recover stolen property INVESTIGATIVE TOOLS (3 Is of investigation) The following are recognized tools of investigators: 1. Information 2. Instrumentation 3. Interrogation A. Persons these are individuals who may be: 1. Victims the direct recipients of the crime itself who suffered direct or indirect loss/injury as a consequence thereof 2. Complainants persons who informs the police of a crime third and demands who that have facts something be done about it 3. Witnesses personal persons of knowledge relevant to a unrealistic expectations of the public in the conduct of criminal investigation due chiefly to the popularity of fictional TV shows such as CSI. For purposes of investigation, INFORMATION is anything that tells us something, whether, correct or incorrect. This is a general term that refers to any facts, statements or materials surrounding the commission of a crime. If the information is of such nature and quality that it could further advance the investigation, that information is called a LEAD. When there are no more leads to develop, it is said that the investigation is facing a BLANK WALL. SOURCES OF INFORMATION I. INFORMATION

surrounding a crime 4. Informers/Informants information relative furnishes crime either

voluntarily or for a consideration 5. Suspects person who is accused as the author of the crime Interview & Interrogation In processing persons as sources of information, the investigator generally conducts an INTERVIEW a friendly and cooperative conversation for the purpose of obtaining as much relevant information as the source can possibly give under the circumstances. However, when the subject is the

nd

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

suspect himself or a hostile/uncooperative witness the conversation is rather confrontational and is called INTERROGATION. With respect to the suspect, interrogation is valid only if made in compliance with MIRANDA RIGHTS. Planning the interview The interviewer must have a general knowledge of the crime before he could start asking intelligent questions and illicit useful information from the interviewee. He must first gather the general data and start from there. These data involves the basic 5W and 1H of criminal investigation: 1. What? 2. Where? 3. When? 4. Who? 5. Why? 6. How? Thus, assuming that a homicide was reported and you are the criminal investigator. On site you must establish the following facts: 1. What is the nature of the case? 2. Where was it committed? 3. When did it happen? 4. Who are the persons involved? 5. Why did it happen? 6. How was it committed? If after the above preliminary inquiries you have gathered that the crime involved death reportedly committed in Basak, Lapulapu City, on Auguts 1, 2013 at 10:00PM resulting to the death of one Mr. Juan dela Cruz who bore a single gunshot wound in the head from a .45 pistol, a bullet & a spent shell from .45 was recovered from the scene and sent to the laboratory, at the time of the commission, it initially appears that no one saw the actual shooting. You must frame your questions from the above KNOWN facts. Your purpose in interviewing is to
2
nd

-6reveal UNKNOWN facts facts that needs to be developed further. Suppose you came across a tanod who responded to the scene first, you may ask him the following questions based on the above known facts: 1. You were one of the first tanods who responded to the alarm first? Ans. Yes 2. Whats your name? Ans. Pedro dela Calzada 3. How did you came to know of the killing? Who reported it to you and where do he lives? Ans. We received a phone call from Mario Ortiz regarding a shooting incident which he saw happen in front of his house. He lives just across the street where the body of the victim was found. 4. When you arrived, what was the situation on site? Ans. People were panicking and pointed towards Marigondon where the suspect fled on board a Yellow Honda XRM. 5. Did anybody saw the plate number of the motorcycle? Ans. No sir. 6. The vitim Mr. Juan dela Cruz, is he known to you? Does he have known enemies? Ans. Yes sir, I know the victim. He has no known enemy in our barangay but he had an altercation with a certain Jack Tattoo from Marigondon because of a woman. 7. Who is this woman? Ans. The girlfriend of the victim sir, her name is Angel from Tacloban. Based on the following questions as framed by the investigator, several unknown facts were revealed: first, there was an eyewitness named Mario Ortiz; secondly, victim had an earlier altercation with a certain Jack Tatoo from Marigondon because of possible love triangle with Angel from Tacloban; third, the shooter rode a Yellow Honda XRM motorcycle; fourth, the suspect fled towards Marigondon; and finally, what if ballistic tests shows that the .45 pistol used belonged to a certain Jack Tattoo? Would you consider this coincidence important? You now have several leads

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

(information

that

can

further

advance

the

-7where the body was found are secondary crime scenes. What if instead of dumping Bs body in the Smokey Mountain, A made it appear as if B committed suicide inside the car and falsified a suicide letter? That is called Pseudo (False) Crime Scene. Please take note that all crime scenes must be

investigation). You must follow these leads until the identity of the accused is established beyond reasonable doubt. Otherwise, you will face a blank wall. (For interrogation, see discussions below in pages 11, 12 & 13) Note: Ideal investigators are naturally inquisitive and suspicious (without showing it to the subject). As the the he becomes becomes more seasoned, framing by questions that elicits the most information from source almost automatic experience. That is why investigation is considered both a SCIENCE and an ART.

processed, whether primary, secondary or pseudo. However, it must be stressed that importance must be given to locating the primary crime scene.

Processing the Crime Scene: Crime scene operatives must first conduct a thorough walk-through around the outermost

B. Places places as a source of information generally refers to the SCENE OF THE CRIME (locus criminis). to It locate is important true for the scene investigators the crime

boundaries of the crime scene. He must make an initial determination of the entry point, exit point and contact points, determine the size of the scene and extent of evidence distribution, and plan the appropriate search pattern to use for that particular crime scene. Entry point is that part of the scene where the

because it contains the highest concentration of physical evidence and possible witnesses of its commission. Crime scenes may be: 1. Primary Crime Scene the place where the crime was committed 2. Secondary Crime Scene the place where the crime was continued 3. Pseudo Crime Scene a crime scene staged to mislead, cover-up, or conceal what really happened For example: A shot B in Room 69 of Manila Hotel. Afterwards, A placed the body of B inside the baggage compartment of a blue Toyota Vios and dumped the body in Smokey Mountain where it was later found. Room 69 of Manila Hotel is the primary crime scene. The Toyota Vios and the Smokey Mountain
2
nd

suspect gained access inside a room, house or a building. Exit point, on the other hand, refers to that part of the scene where he left, took flight or escaped. Contact points are those part of the crime scene where the suspects body, clothings or tools have disturbed, touched, made contact with, or stepped into. Contact points may contain the suspects DNA, fingerprints, shoeprints, etc. The investigator must be cautious in approaching crimes scene for the following reasons: 1. Unidentified suspects who may be armed and dangerous may still be lurking around and could present a serious threat or harm to policemen and bystanders; 2. Families of the victim whose emotions remain high may view the investigators with

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

contempt and hostility which could possibly result to violence and altercations; 3. Evidence found at the crime scene may be fragile and susceptible to destruction or cross-contamination before they can be properly identified, photographed, packed and 4. Crime recorded, scenes resulting may to needless chemicals, destruction of vital evidence; contain

-8However, the basic search patterns remains the same. As the investigator becomes seasoned by experience, selecting the most appropriate search pattern becomes almost automatic by mere INTUITION or GUT-FEEL (kutob). That is another reason why investigation is considered both a SCIENCE and an ART. Different Search Patters: Search Pattern Lane or Strip 1. In case of multiple searchers, each searchers align straight paths combs scene making single and the by a pass their in 1. Takes a short time to complete Procedure Advantage Disadvantage 1. 2. may in search. Less Vital be the thorough. evidence overlooked

viruses, or bacterial pathogens that may be harmful to humans, thus investigators must have access to protective clothings, surgical masks, gloves, CBRN suits, and the likes; 5. Un-exploded bombs or ordnance may be found in the crime scene which may be triggered when inadvertently disturbed; 6. Difficult terrains may present natural or man-made hazards to field investigators such as landslides, flooding, collapse of building, electrocution, etc.

Selecting the most appropriate search pattern: The search pattern to be employed depends on many factors, such as: 1. The crime committed and the type of evidence that can be found (explosives, flammables, biohazards, or susceptible to rapid deterioration) 2. The nature of the terrain (is it indoor or outdoor? Is it plain field or mountainous? Is it bare or thick with vegetation? Etc.) 3. The size of the area to be searched 4. The number of personnel available 5. The tools and equipments of the search teams 6. The weather conditions Note: No two crime scenes are alike. Each crime scenes are unique, thus different crime scenes demands different search plans to be employed according to the circumstances of each location.
2
nd

on lanes.

2. In case of single searcher, he makes single on parallel lines in an opposite direction until all the lanes covered Double Strip 1. Same as lane or strip method but the searcher makes a 1. More 1. twice much than Takes as time a thorough 2. Evidence missed during the are a pass each

to complete

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

-9second pass adjacent the search such manner that first second search crisscrosses one another. Spiral 1. search begins ends focal by in or a point making The 1. Useful in tight spaces. 2. Allows searchers to concentrate around where the evidence is most likely to be found (such as the body of the victim). Zone, Sector, or Quadrant a focal point and cramped the and to first in a first may seen during the second pass pass be single strip. 2. Evidence found the pass actually left by the on may be the first behind second Radii, Pie, or Spoke search begins ends focal in or a point or searchers to focus on an important area as the search moves nearer to the center distance from search points from the is than center resulting to gaps where important evidence may be overlooked outside greater the each

by radiating outward towards the center of the crime scene. 2. If it begins from the outside and ends in the inside, it is Inner Wheel. If it begins from the inside and ends in the outside it is called Outer Wheel. 1. The crime scene several zones or sectors and assigned to different search teams a who will conduct separate for search their area is divided into called

searchers in pass (crosscontaminati on). 1. Not suitable for medium and large scenes crime

clockwise or counterclockwise circular motions around center of the crime scene. 2. If it begins from the outside and ends in the inside, it is Inner Spiral. If it begins from the inside and ends in the outside it is called Outer Spiral. Wheel, 1. The called

1. Suitable for crime scenes such those found aircrash, exposions, arson, and the likes. 2. Suitable for multistorey buildings, each floors are considered in as large

1. Extensive use resources and manpower 2. difficult document. More to of

1.

Allows

1.

The

as

one

nd

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

zone sector Documenting the Crime Scene

or

iii.

- 10 Close up shots indicating one specific evidence with ruler or measuring device placed alongside the evidence

2. Crime Scene Sketches and Measurements Crime scene documentation refers to the recording of all available information surrounding a crime scene and all activities which occurred therein. This is done by: 1. Photography 2. Video and voice recording (First allowed in the United States With the and other of foreign CCTV Sketches must describe the general floor plan of the room or the layout of the field, if outdoor. The position of items found in the crime scene must be shown as accuratly as possible. Each evidence must be identified by letters A to Z and described in a LEGEND appearing below the sketch. The bearings must also appear on the sketch, indicating where is North, South, East or West. and measurements of The sketch must also contain measurements. Measurements may be made by: i. ii. 1. Photographing the crime scene Photographing the crime scene requires shots to be taken from the following distances: i. Long range showing the scene with a prominent landmark at the background to indicate its general location. Long range photographs must be taken in four (4) different ANGLES: front, right side, back and left side if the photographers moves in a clockwise fashion; or front, left side, back and right side if the photographer moves in a counterclockwise fashion. ii. Medium range shots highlighting a spot appearing in the long range shot. This may also be taken in order to show the positions of several evidence relative to one another (group picture) Things include the following: 1. Trace evidence minute evidence found at the crime scene which places the suspect
2
nd

Sketches may be: i. ii. Rough taken at the field Finished based on the rough sketch but finalized in the office

countries.

advent

cameras, Philippine courts now allow the introduction of videos as evidence. The voice recording mentioned here refers to the voice recording made by the investigator in order to aid his memory, in case writing is not possible) 3. Crime scene sketch showing the location of important distance 4. Evidence log items

Straight Baseline method Diagonal Baseline method Triangulation method Cross-projection method

iii. iv.

Lastly, the sketch must bear the identity of its maker and signed by him. Otherwise, it is considered hearsay. C. Things the last but certainly not the least source of information are things. Things are any tangible objects found at the crime scene or in possession of the suspect. These are objects of evidentiary value. The investigative classification of evidence is more technical and is somewhat different from the classification of evidence under the Rules of Court. Nevertheless, they are related to one another.

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

on

scene

such

as

fingerprints, butts,

shoe

- 11 4. Firearms Identification (Forensic Ballistics); 5. Questioned Documents & Handwriting Examinations; 6. Polygraph Examinations; and 7. Police Photography Note: Recent developments in forensic science were intentionally not included because strictly speaking, these are just additional developments of

imprints,

cigarette

spermatozoa

(Criminal Investigation, Hess & Orthman). Trace evidence may include evidence which indicates the whereabouts and movements of the suspect, such as hotel guest lists, plane tickets, ATM withdrawals, and the likes (Swanson, Chamelin & Territo) 2. Associative evidence evidence found in the suspect which places him at the crime scene, such as bite marks, tools, & blood stained shirts. There are also special types of associative evidence called: a. Souvenir part of the crime scene which the suspect intentionally took as a remembrance, such as the underwear of a rape victim b. Trophy part of the body of the victim which the suspect intentionally took as a memento, such as the pubic hairs of the rape victim 3. Evidence with class characteristics 4. Evidence with individual characteristics 5. Fruits of the crime 6. Tools used in the commission of the crime

the above main forensic branches. For example, Forensic Odontology (study of dental or teeth structure) and Forensic Entomology (study of carrion insects found in a decomposing body) are just a branch of Legal Medicine. Likewise, Deoxyribonucleic Acid or DNA examination are part of Legal Medicine, Forensic Chemistry & Personal Identification. III. INTERROGATION Unlike in interview where the purpose is to reveal unknown facts, the purpose of interrogation is to confront the suspect with the evidence already obtained from all sources (PERSONS, PLACES 7 THINGS) in order to encourage the suspect to confess. Here, the investigator already have a clear picture

II. INSTRUMENTATION Instrumentation refers to the use of forensic tools in order to advance the goals of investigation. Also called CRIMINALISTICS, this is where investigation becomes strictly scientific. We will not discuss each branches of Criminalistics here but you will find it in another set of handouts where the details are best discussed. However, it helps to run through them since instrumentation is one of the three (3) Is of Criminal Investigation. These are: 1. Legal Medicine; 2. Forensic Chemistry & Toxicology; 3. Personal Identification;
2
nd

of what really happened. All that is left is to confront the suspect about his findings. Before starting the interrogation, however, he must remember the requirements of Miranda Rights and other pertinent laws such as RA (Rights of a Person Arrested, Detained or Under Custodial Interrogation) and RA 9745 (Anti-torture Act). Miranda v. Arizona (Miranda Doctrine) Facts of the case: A white woman reported to the Arizona police that she was raped. The suspect was described by the victim as Mexican. The police rounded up several suspects who fit the description and one of them was Ernesto Miranda, CMT Target Trainings & Seminars, Inc.
Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

a truck driver of Mexican descent who does not speak English and doesnt know how to read or write because he did not even finished grade school. When presented in a police-lineup, the woman positively identified Miranda as the

- 12 discovered it anyway, even in the absence of the confession, the accused could still be convicted. Techniques/Approaches in Interrogation 1. Bad cop/good cop technique a.k.a. Mutt & Jeff, Hot & Cold. In this approach, one cop plays tough and intimidating while the other plays soft and accommodating. The objective of the bad cough is to lead the suspect to cooperate with the good cop. 2. Sympathetic approach best used for sensitive suspects who commit crimes because of fits of jealousy or emotions. The questioning here usually starts with I understand how you felt, If I were on your situation, I would probably do the same thing. 3. Reflective technique) Interview in Technique this (Mirror the approach,

culprit. During extensive interrogation, Miranda was made to sign a paper without the assistance of counsel which turned out to be a confession written in fluent English. On the basis of the signed confession, however, he was convicted by the trial court. Issue: Whether or not the conviction is proper. Ruling of the US Supreme Court: The conviction is erroneous and violates the Due Process clause of the American Constitution. Every person accused of a crime has the right to be informed his right to remain silent; that what he says or do may be used against him in a court of law; he has the right to counsel, preferably of his own choice; and if he cannot afford, one will be provided to him for free. An accused who is not properly appraised of these rights can lawfully contest the validity of any signed confession or statements, which, by virtue of the coercive pressure exerted by veteran interrogators, he is too intimidated or powerless to resist. Exceptions to the Miranda Rights: 1. When the accused freely and voluntarily waived this right; 2. Volunteered without the information police when the the his accused, without waiving this right and initiating to questioning, information conviction; 3. When the conviction is partly based on available 4. Inevitable evidence discovery other rule than when the the confession of the accused; and information furnished by the accused is of such nature that the police would have
2
nd

investigator presents a psychological mirror to the suspect and reverse the situation by making him understand the feelings of the victim. The questioning here are usually framed in this manner: How would you feel if it was your own child that was killed?, The victims body is yet to be found, dont youn think the victim deserves a proper Christian burial?, etc. 4. Cognitive interview technique in this approach, the interrogator carefully examines the body-language of the suspect in relation to his answers in order for the investigator to determine whether or not the suspect is lying, evasive or deceptive. 5. Intellectual approach interrogation, the in this method of questioning is

nevertheless which

volunteered

contributed

characterized with frankness and matter-offact accusations. The suspect is confronted with hard, undisputed facts and encouraged to weight the advantages of cooperating rather than not-cooperating.

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

6. Mixed approach the combination of any or all of the above techniques. Example of intellectual approach:

Applies

to

cooperative

- 13 Applies to suspects and hostile witnesses

witnesses

INVESTIGATION In our previous imaginary case in our discussion in interview (page 4 & 5), suppose you came face to face with Jack Tattoo and initiate the following intellectual approach: 1. I am PO1 Devil from Cebu, are you Jack Tattoo? Ans. Yes I am. Why do you ask? 2. You have the right to remain silent, etc. etc. 3. Jack, I have information that on the night of August 1, 2013, you went to Basak and shot Juan dela Cruz. I also had information that several days before the shooting, you quarreled with the victim because of Angel from Tacloban. The victim died from a .45 Cal. Pistol registered in your name. Witnesses saw the culprit ride a yellow Honda XRM towards your barangay in Marigondon. I conducted a background check at LTO and found you owned a yellow Honda XRM motorcycle. If I were you, I would voluntarily surrender and admit the crime so you can avail of mitigating circumstances under the law. Even if you hire the best lawyer you could find, I guarantee you will be convicted. Distinctions between Interview & Interrogations: Interview Friendly & Cooperative Purpose is to gather Interrogation Hostile & Confrontational Purpose is to obtain unknown facts and/or verify known facts Does not require Miranda warning is In the Philippine by confession However, there

OF

CERTAIN

TYPES

OF

CRIMES (SPECIAL CRIME INVESTIGATION) Investigating crimes is a joint responsibility of every police officers, whether assigned on desk, patrol or investigation. Ordinarily, the combined efforts of these officers are sufficient to solve COMMON crimes such as theft, physical injuries or malicious mischief matters that are usually covered during basic police training and are thus considered within the capability of each policeman to solve. are crimes categorized as

SPECIAL because the complex nature of the offense require additional qualifications and highly specialized training matters that are encountered only in advanced schooling. As understood in INTERNATIONAL context, the following are areas of Special Crime Investigation: 1. Cold case investigation 2. Post-blast investigation 3. Air-crash investigation 4. Maritime disasters 5. Transnational crimes investigation: - Terrorism - Organized crime - Human Trafficking - Money laundering - Computer crimes 6. Environmental crimes setting, the PNP the as following Special are

Miranda warning

required if subject is the accused. If subject is a hostile (uncooperative), Miranda required. witness no

considered Investigation:

Crime

1. Homicide 2. Robbery 3. Rape 4. Kidnapping

nd

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

5. Carnapping 6. Bomb threats and explosions 7. Illegal recruitment 8. Terrorist activities (Note: The topic on Special Crimes Investigation in the Philippine Settings will be covered in another handouts by Prof. Negro).

- 14 criminal cases involves several progress reports which the lead investigator collates alongside the initial report and other documents; and 3. Final or Closing report contains a summary of all the findings, reports, documents and affidavits and well as the recommendations of the lead investigator. Unlike progress reports, there can only be one final report. Characteristics of a good report:

CASE PREPARATION The quality of your work as an investigator is After doing everything we discussed above, the investigator now shifts to case preparation, which is loosely defined as the gathering of all records of the case in an orderly, chronological and logical manner, prior to the filing of the complaint. These records consist of the following: 1. Affidavits of complainant and witnesses 2. Affidavit of arresting officers (in case of entrapment or warrantless arrests) 3. Initial or spot report 4. Progress reports 5. Crime laboratory examination results 6. Closing or Final report which contains the recommendations of the LEAD investigator 7. Indorsment by the Chief Police Reports Police reports are the official record of the actions taken by various police personnel in relation to an event, incidence or crime. Kinds: 1. Initial or Spot report made immediately after an incident. Usually, within 24 hours. Usually made by patrol officers or first responders. In some cases, entries in the police BLOTTER made by desk officers also constitute a spot report; 2. Progress reports contains a brief of actions taken after the initial investigation.
2
nd

judged by the quality of your report. Ideally, a police report must be like a bikini brief enough to make it interesting, yet broad enough to cover the most interesting parts. Thus, the following characteristics are desirable in a report: Keyword: FACTUAL 1. Factual & Objective the report must be based on facts and must be free of conjectures, speculations or opinions; 2. Accurate the information contained in the report must be precise; 3. Concise & Complete Concise means the report must be as short as possible, direct to the point and not circuitous. Complete means the report must contain all the essential elements of information (5Ws & 1H); 4. Timely the report must be submitted on time, otherwise, it becomes stale and useless; 5. Unadulterated the report must not be embellished. Statements made by the witnesses must be recorded in full without adding or subtracting from what the witness said, even if the investigator believes that the statement made by the witness is wrong. Your job is to record it, not to edit it; 6. Analytical the report must develop one unified theme culled from all the different sources of information; 7. Legible the report must be made in such a manner that others can read and understand its

Usually,

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

- 15 content, especially in case of handwritten reports. This is important, as handling officers may be assigned in different jurisdiction, retires, or may become unavailable, so that other officers who assume the investigation must be able to continue the work of the previous investigator. Q. The worlds first crime laboratory was established by Edmond Locard in: PART 2 SELF EVALUATION QUESTIONS: Q. A fictional character created by Sir Arthur Conan Doyle that employed scientific means of criminal investigation even before the worlds first scientific crime laboratory was established. a) Eugene Francois Vidocq b) Sgt. Popay c) Insp. Alvarez d) Sherlock Holmes e) None of the above Q. A former convicted thief who became a prominent official of Brigata de la Surete, a French detective agency. a) Eugene Francois Vidoque b) Sgt. Popay c) Insp. Alvarez d) Sherlock Holmes e) None of the above Q. A detective of the London Metropolitan Police who was dismissed following his successful infiltration of anarchists because he instigated use of violence by the group. a) Eugene Francois Vidoque b) Sgt. Popay c) Insp. Alvarez d) Sherlock Holmes e) None of the above Q. Austrian magistrate recognized as the father of Criminalistics. He authored the first treatise on Scientific Criminal Investigation.
2
nd

a) Dr. Mathieu Orfilla b) Dr. Rafael Genard Y Mas c) Dr. Henry Faulds d) Dr. Hanz Gross e) Dr. Cesare Lombroso

a) London, England b) Los Angeles, California c) Buenos Aires, Argentina d) Lyons, France e) Manila, Philippines Q. The first complete crime laboratory was established in the United States by: a) Orlando W Wilson b) John Edgar Hoover c) Paul Lleland Kirk d) Alan Pinkerton e) August Vollmer Q. _____________ means the observed violation of a law, which triggers the operation of the criminal justice system. a) Investigation b) Detection c) Observation d) Commission e) Omission Q. Investigation came from this Latin word which means to track or trace. a) Viagra b) Vestigare c) Stigmata d) Turbare e) Interregnum Q. To follow step-by-step by patient inquiry or observation; to search into, examine and inquire with care and accuracy. a) Criminal Investigation b) Inquest CMT Target Trainings & Seminars, Inc.
Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

c) Investigation d) Locus Criminis e) Crime Scene Search Q. The process of discovering, collecting, preparing, identifying and presenting evidence to prove the truth of a detected violation of penal law. a) Criminal Investigation b) Inquest c) Investigation d) Locus Criminis e) Crime Scene Search Q. Refers to the detailed attempt to re-live, re-enact or re-visit what really happened over a particular setting. This involves the putting together of all pieces of the puzzle so that a more complete picture of an event is clearly seen as well as the circumstances surrounding its commission. a) Crime scene reconstruction b) Crime scene investigation c) Crime scene analysis d) Crime scene search e) Crime scene interpretation Q. One of the following is not a goal of criminal investigation. a) To appease the public b) To recover stolen property c) To arrest the suspect d) To obtain evidence legally e) To determine if a crime has been committed Q. Effective investigators are emotionally well balanced, detached, inquisitive, suspecting, discerning, humble, self-disciplined and perseverant. a) Intellectual characteristics b) Psychological characteristics c) Physical characteristics d) All of the above e) None of the above

- 16 Q. Ability to retain information, apply technical knowledge, logical, open-minded and objective. a) Intellectual characteristics b) Psychological characteristics c) Physical characteristics d) All of the above e) None of the above Q. An ideal investigator must have the ability to endure the rigors of investigative works such as working for long hours, exposure to elements, inadequate rest, conducting search on difficult environments, etc. a) Intellectual characteristics b) Psychological characteristics c) Physical characteristics d) All of the above e) None of the above Q. Knows how to manufacture evidence and forcefully extract information from any person. a) Intellectual characteristics b) Psychological characteristics c) Physical characteristics d) All of the above e) None of the above Q. The three tools available to the investigator. a) Information, Instrumentation, Intelligence b) Interview, Instrumentation, Intelligence c) Information, Instrumentation, Interrogation d) Interview, Instrumentation, Interrogation e) Information, Instrumentation, Interview Q. Which of the following has little or no use to the investigator? a) Camera b) Notebook and Pen c) Tape measure d) Surveillance e) None of these Q. The focal point or place where evidence of criminal activities are concentrated.
2
nd

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

- 17 a) Crime scene b) Office room c) Household d) Street corner e) Church Q. The exact place where a crime principally took place, regardless if it was continued elsewhere. a) Inner perimeter b) Outer perimeter c) Primary crime scene d) Secondary crime scene e) Police Interns Office Q. Place subsequent to the commission of the main offense where the effects, proceeds of the crime or corpus dilicti was continued, transferred or disposed of. a) Inner perimeter b) Outer perimeter c) Primary crime scene d) Secondary crime scene e) Police Interns Office Q. Identify which among the following qualifies as the most urgent task of the first responders. a) neutralize any threat b) cordon the scene c) render aid to the injured d) identify witnesses e) locate important objects Q. After all threats have been dealt with, the most important task is: a) neutralize any threat b) cordon the scene c) render aid to the injured d) identify witnesses e) locate important objects Q. This type of search focuses on a focal point where most of the crucial evidence are concentrated and spreads outward on a circular pattern.
2
nd

a) Strip b) Double strip c) Wheel or pie d) Spiral e) Grid or zone Q. Search pattern most suitable for processing large areas with different terrains or multi-storey buildings. a) Strip b) Double strip c) Wheel or pie d) Spiral e) Grid or zone Q. This search is more thorough than a single strip but it takes longer to complete and some evidence found during the second pass may actually be left behind during the first search. a) Strip b) Double strip c) Wheel or pie d) Spiral e) Grid or zone Q. In a traffic accident, where will you begin your search? (Oct., 2011) a) Faulty driver b) Street c) Point of impact d) Disengagement e) Passenger Q. In a fire investigation, which among the following burn indicators will you focus your search in? (Oct., 2011) a) Origin of fire b) Alligatoring c) Witnesses d) Spalling e) Fire direction Q. Which among the following crime scenes require a search warrant? CMT Target Trainings & Seminars, Inc.
Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

- 18 a) Hot scene b) Warm scene c) Cold scene d) All of these e) None of these Q. The requirements for issuance of a valid Search warrant does not include: a) Probable cause b) Personally examined by the fiscal in the form of searching questions & answers c) Based on personal knowledge of complainant or any witnesses d) In connection with one particular offense e) Particularly describing the place to be searched or the persons or things to be seized Q. A search warrant issued by Judge Paredes to CIDG on February 10, 2011 is valid up to? a) February 20, 2011 b) February 21, 2011 c) February 22, 2011 d) February 23, 2011 e) Valid until revoked Q. Part of field notes that graphically record the scene and the important evidence within it by describing each objects or documents, indicating the relative position of one object from another, including their distances and measurements. a) Rough sketch b) Final sketch c) Photographs d) Videos e) Audios Q. Outdoor crime scenes with at least two landmark points of coordinates can be better drawn by measuring the distance of objects from the landmark and its angles. a) Straight baseline method b) Diagonal baseline method c) Triangulation method d) Cross-projection method
2
nd

e) Any of the above Q. Objects imbedded on walls and ceilings are best illustrated and measured using: a) Straight baseline method b) Diagonal baseline method c) Triangulation method d) Cross-projection method e) Any of the above Q. Presents the general view of a place where a crime took place, indicating its location by including dominant features of the surroundings such as tall buildings, monuments, bridges or parks. a) Long-range photograph b) Mid-range photograph c) Close-range photograph d) Macrophotography e) Microphotography Q. The taking of photographs up-close, usually with a ruler or measuring device, to indicate exact size. a) Long-range photograph b) Mid-range photograph c) Close-range photograph d) Macrophotography e) Microphotography Q. Investigation that is carried out long after the crime was committed but before the expiration of the statutory period for extinction. a) Hot case investigation b) Warm case investigation c) Cold case investigation d) Investigation in aid of legislation e) Kangaroo court investigation Q. Investigative technique of employing covert ways and means in order to catch a criminal in the act. a) White-wash b) Frame up c) Entrapment CMT Target Trainings & Seminars, Inc.
Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

- 19 d) Instigation e) All of these Q. Unethical investigative practice wherein a crime committed by another is made to appear to have been committed by an innocent person. a) White-wash b) Frame-up c) Entrapment d) Instigation e) All of these Q. Unprofessional investigative practice wherein a crime actually committed is concealed, whitewashed or hidden by officially denying that a violation of the law was committed. a) Cover-up b) Frame-up c) Entrapment d) Instigation e) All of these Q. Any object, thing, document, information or clue that points to the identity of the perpetrator: a) Lead b) Tip c) Intuition d) Personal identification e) Sketch Q. The uncanny ability of a seasoned investigator to identify leads, recognize evidence and locate witnesses. This can only be developed through experience and is usually cited as the reason why investigation is also an art. a) Lead b) Tip c) Intuition d) Personal identification e) Sketch Q. Man is essentially a creature of habit. This means that a successful criminal will commit future crimes in a more or less identical manner.
2
nd

a) Modus operandi b) Associative evidence c) Trace evidence d) Trophy e) Souvenir Q. When several sexual assaults are committed on different occasions at different places by an unknown person exhibiting a single modus operandi. a) Serial rapist b) Mass rapist c) Genocide d) Continuing crime e) Assassin Q. When more than four persons are feloniously and intentionally killed on a single place and time. a) Serial killing b) Mass murder c) Genocide d) Multiple offense e) Assassin Q. The deliberate, systematic and sustained elimination, obliteration or destruction of an entire tribe, religious or ethnic group, with a view of permanently removing them from the face of the Earth. a) Serial killing b) Mass murder c) Genocide d) Continuing offense e) Assassin Q. ___________ is a professional paid to liquidate a specific target. This term has its roots on the word hashish which is given as a reward to hired killers in the Middle East during the medieval periods. a) Serial killing b) Mass murder c) Multiple crime d) Continuing offense

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

- 20 e) Assasin Q. When two objects come into contact with one another, they will leave traces of each other. There is a cross-transference or mutual-exchange of information resulting to trace and associative evidence. a) Bogarts principle of criminalistics b) Locards exchange principle c) Goddards ballistic principle d) Salazars fingering principle e) Gross principle of forensics Q. Evidence found on the crime scene that places the suspect in the scene such as fingerprints, hairs or fibers. a) Modus operandi b) Associative evidence c) Tracing evidence d) Trophy e) Souvenir Q. Articles or matters found at the scene which aid in the establishment of the identity of the perpetrator. a) Modus operandi b) Associative evidence c) Tracing evidence d) Trophy e) Souvenir Q. Evidence found on the person of the suspect that places him at the scene of the crime such as bite-marks, defensive wounds, fruits of the crime, etc. a) Modus operandi b) Associative evidence c) Tracing evidence d) Trophy e) Souvenir Q. Evidence such as plane tickets, hotel check-in details, restaurant bills, phone call records, ATM Q. _____________ also refers to the number of persons who handled the evidence between the discovery of the offense up to the disposition of the case in court. a) chain of command b) chain of custody c) evidence tracking
2
nd

withdrawal slips, etc. that leaves a clue to the movement and location of a known suspect. a) Modus operandi b) Associative evidence c) Tracing evidence d) Trophy e) Souvenir Q. Part of the victim that is kept by the offender as a memento such as pubic hairs, ears, fingers, etc. a) Modus operandi b) Associative evidence c) Trace evidence d) Trophy e) Souvenir Q. A thing, object or anything that is taken from the scene by the criminal as a remembrance, such as photographs, keys, stickers, bras, panties, etc. a) Modus operandi b) Associative evidence c) Trace evidence d) Trophy e) Souvenir Q. Simply means continuity of possession. It implies that the evidence presented in court are the same evidence taken from the crime scene and any changes that may occur from the time the evidence is recovered up to the time it is presented can be sufficiently explained. a) chain of command b) chain of custody c) evidence tracking d) tracing evidence e) preservation of evidence

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

d) tracing evidence e) preservation of evidence Q. A moving force which impels a person to act: a) Modus operandi b) Motive c) Intent d) Desire e) Opportunity

- 21 Q. According to Swanson, Chamelin & Territo, the greatest problem with mistaken identity is ____________. a) Miscarriage of justice b) Wasted police time c) Bad publicity d) Ineffective policing e) None of these Q. This requires strict compliance of legal

Q. _________________ is the casual, cooperative and friendly inquiry involving a person who may have information regarding the commission of a specific crime under investigation. a) Interview b) Interrogation c) Torture d) Polygraph e) Confession

requirements. In this situation, the person subject to questioning is either a suspect or a hostile witness. a) Interview b) Interrogation c) Torture d) Polygraph e) Confession Q. Why is it important to distinguish between an

Q. A person who furnishes information based on personal knowledge during interview is a source of what type of evidence? a) Object evidence b) Documentary evidence c) Testimonial evidence d) Hearsay evidence e) Confession

interview and an interrogation? a) Numerous legal requirements apply in interrogations but not in interviews b) There is no difference c) Interviews are intended to elicit confessions d) Interrogations result in convictions e) I dont care Q. The purpose of Interrogation are the following,

Q. If you are a police investigator, which among the following individuals should you consider best for interview? a) One who was present at the crime scene, but inattentive b) One who was present and attentive at the crime scene c) One who was present at the crime scene, but had been intoxicated. d) One who was attentive to what was happening e) One who is willing to be manipulated by the police

except: a) To test information already obtained b) To secure a confession c) To confront the suspect with the truth d) To exclude the guilty e) None of these Q. One of the following is not a scientific approach to interrogation: a) Sympathetic approach b) Cognitive interview technique c) Logical approach d) Water boarding e) Reflective interview technique

nd

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

- 22 Q. In this form of tactical interrogation, two police investigators form a tandem; one of them is friendly towards the suspect while the other is hostile. a) Mutt and Jeff b) Hot and Cold c) Good-cop, Bad-cop d) All of these e) None of these Q. The right of a person suspected to have committed an offense to be informed of his right to remain silent and be assisted by counsel preferably of his own choice. a) Right to bail b) Right to presumption of innocence c) Miranda right d) Right to confront witnesses e) Freedom from unreasonable search or seizure Q. The warnings in Miranda v. Arizona does not include the suspects right to: a) Confess to the crime voluntarily in the presence of counsel b) Be warned that anything he says or do may be used against him in a court of law c) Have a competent counsel de parte or ex officio d) Be informed of his right to remain silent e) None of the above Q. An acknowledgment of fact, falling short of an acknowledgment of guilt, made by the suspect in the course of an investigation. a) Judicial confession b) Extrajudicial admission c) Judicial admission d) Extrajudicial confession e) Admission Q. An acknowledgment of all the material facts of a particular crime, including the guilt, made by the suspect in the course of trial. a) Judicial confession b) Extrajudicial admission
2
nd

c) Judicial admission d) Extrajudicial confession e) Admission Q. Field notes must be an exact and correct representation of facts obtained in the course of the investigation. a) Complete b) Accurate c) Timely d) Unadulterated e) Legible Q. Note and record all available information, particularly the basic 5 Ws and 1 H of report writing. a) Completeness b) Accuracy c) Timeliness d) Faithfulness e) Legibility Q. As a general rule, a person may only be arrested with a warrant. Which among the following instances permits the arrest of a suspect even in the absence of judicial warrant? a) Hot pursuit b) Inflagrante delicto c) Fugitives from justice d) All of these e) None of these Q. The general investigative sequence in case warrantless arrests are no longer proper is: 1. Proceed to the area where a reported offense allegedly took place 2. Make a preliminary determination if a crime has been committed 3. Deal with any emergencies first 4. Process the scene, take photographs, record all activities 5. Release the scene 6. Identify & Interview witnesses 7. Interrogate suspects & uncooperative witnesses

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

- 23 8. Submit the case folder containing your findings to the prosecutor 9. Wait for the issuance of the warrant of arrest a) Steps 1, 2, 3, 4, 5, 6, 7, 8 & 9 is correct b) Steps 2, 1, 4, 3, 6, 5, 7, 8 & 9 is correct c) Steps 1, 3, 2, 6, 7, 4, 5, 8 & 9 is correct d) Any steps could be followed Q. According to Bennet & Hess, the most successful investigations are systematic, thorough and takes time. This helps ensure an airtight case that does not result to waste of time, money and effort. On the other hand, instantaneous investigations are haphazard, unprofessional and results to wrongful prosecution of innocent persons. a) Agree b) Disagree c) Partly agree d) Partly disagree e) None of these Q. The process of documenting in a systematic and logical manner all evidence collected during the investigation and submit it before the public prosecutor for evaluation. a) case preparation b) order maintenance c) crime prevention d) public service e) journalism Q. A pictorial collection of past offenders known to the police & presented to an eye-witness for examination. They are usually indexed, catalogued and recorded according to sex, type of crimes, modus operandi and place of commission. a) Police line-up b) Rouges gallery c) Order of battle report d) Personal status report e) Crime album Q. Mug shots are also known as:
2
nd

a) Police line-up b) Rouges gallery c) Order of battle report d) Personal status report e) Crime album Q. The current practice of presenting a Rogues Gallery to the victim for identification purposes has its origins in: a) Mulberry street morning parade b) Sketching c) Medieval firing squad d) Portrait parle e) Inquisition Q. Police line-up can be traced back to: a) Mulberry street morning parade b) Sketch c) Medieval firing squad d) Portrait parle e) Inquisition Q. A valid positive identification in a police line-up requires: a) More than two suspects b) Not suggestive as to guilt c) Not suggestive as to identity d) All of these e) a & c only Q. Doctrinal rule which states that evidence illegally obtained in the course of the police investigation cannot be admitted during trial. a) Fruit of the poisonous tree b) Irrelevant evidence c) Immaterial evidence d) Inadmissible evidence e) Hearsay evidence Q. The worlds first conviction using DNA evidence was obtained in England through: a) William West & Will West case b) Colin Pitchfork case c) Terry v. Ohio case

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400

CCC Criminology Review


Ground Flr., SDC1 Bldg., Tacloban-Baybay South Road, Marasbaras, Tacloban City (Smart) 0929-752-0005 ALL RIGHTS RESERVED

- 24 d) Frank Daubert case e) In Re: Gault case Q. The case that proved that Dactyloscopy is a far superior tool for identification and individualization than Anthopometry: a) William West & Will West case b) Colin Pitchfork case c) Terry v. Ohio case d) Frank Daubert case e) In Re: Gault case

REFERENCES: 1. Criminal Chamelin Investigation, & Territo, By: Swanson, Hill

McGraw

Publishing Co. 2004 2. Criminal Orthman, Investigation, Cengage By: Hess &

Learning,

2010

Philippine Edition 3. Criminal Investigation, 2nd Ed. By: JDempsey,

Cengage Learning,

4. Criminalistics, an Introduction to Forensic Science, By: RSaferstein, Prentice Hall, 9th Ed. 5. Techniques of Crime Scene Investigations, By: Fisher & Fisher, CRC Press, 7th Ed. 6. FBI Handbook of Crime Scene Forensics, Federal Bureau of Investigations, Skyhorse Publishing, 2008 7. Intro. to Theory, Practice & Career Devt. in Public & Private Invst., Gunter & Hertig, 2005

nd

CMT Target Trainings & Seminars, Inc.


Flr., Melgo Bldg., Sanciangko St., Pahina Central, Cebu City (032) 515-0400