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FUNDAMENTALS OF

CRIMINAL INVESTIGATION
Definitions of Criminal Investigation

• Arts
• Science
• Arts and Science or The
Harmonized Definition
ART
• CRIMINAL INVESTIGATION- is an art which deals
with the identity and location of the
offender and provides evidence of his
guilt through criminal proceedings
• it is not governed by rigid rules of laws
but most often
• it is governed by intuition, felicity of
inspiration and to a minor extent by
chance.
SCIENCE

• Criminal Investigation – the systematic process of


identifying, collecting preserving and evaluating
INFORMATION for the purpose of bringing the offender
to justice. ( according. To Jerry L. Dowling, a former FBI
agent and a Prof. At Sam Huston University in Texas, U.S.A)
The Harmonized Definition

• Criminal Investigation - is an art or a process which deals with


the identity, location and arrest of a person who Commits a crime
and simultaneously identify, collect preserve and evaluate
evidence for the purpose of bringing the criminal offender to
justice.
• Criminal Investigator – is a person who is charged
with the duty of carrying on the objectives of criminal
investigation

Objectives of Criminal Investigation

1. Determined that a crime has been committed


( an act which violates no statute is not a crime)

2. Identify (victim,suspect and possible witnesses)


3. Locate and Apprehend the suspect

4. Provide evidence for his guilt.

REASONS WHY WE NEED TO INVESTIGATE?

1. To determine the cause


2. To prevent similar occurrence
3. Future deterrence of offenders and others
4. Community Safety
5. Protection of the innocent
9 Golden Rules in Criminal Investigation

1. Identify and if possible, retain for questioning


the person who first notifies the police.

2. Determine the perpetrator by direct inquiry


or observe him, if his identity is immediately
apparent.

3. Detain all persons present at the scene.


4. Summon assistance, if necessary.

5. Safeguard the area by issuing


appropriate orders and by physically
isolating it.

6. Subsequently, permit only authorized


persons to enter the area.

7. Separate the witnesses in order to


obtain independent statements.
8. Do not touch or move any object.

9. Definitely assign the duties of the


search if assistants are present.

THE TWO MOST IMPORTANT STEPS


UPON ARRIVAL AT THE CRIME SCENE.
1. If the victim is still alive, the investigator should try to
gather or acquire information from the victim himself
with regard to the surrounding circumstances of the
crime, while calling for assistance.

2. If the victim is dead, the body should be removed only


after the crime scene is a measured, sketched and
photographed.
THE TOOLS OR THE 3 I’s of Criminal
Investigation

1.Information
2.Interview / Interrogation
3.Instrumentation
INFORMATION – is the knowledge, which
the investigator gathered and acquired from
written sources and other persons.

2 Sources and Availability of Information


1. Internal or regular sources

2. The External Source or irregular sources


Internal or regular sources - information could
be acquired of the ff:

 Witness or caller who first notify the police.


 Victim/s
 Suspect/s
 Crime scene
 M.O
 Means of escape
 Entrance of the perpetrator and possible exits
 Detailed description of property stolen/
weapon/person involved.
The External Source – is the cultivated
information that an experienced investigator
develops in the field thru contacts with the
criminal elements as well as with civic spirited
law abiding citizens.
Types of Information
1. Sensory Form – it can be perceived by our five
senses. Ex. Sense of sight, hearing, touch, smell,
taste.
2. Written Form – a criminal acts may also produce
information. Ex. Receipt from the motel room rental,
airplane tickets, passport, ect.
3. Physical Form – alternately, the information may
actually be in physical (real) form. Physical objects
which proves upon evaluation to be a clue in the
investigation.
Q: is there any effect, if investigator delays
in collecting or gathering information?

Ans: Failure to retrieve it or receive it at the


right time will be useless. Time – Critical
principle

Ex: Failure of the responding police investigator to


take possession of the empty beer bottle with fingerprints
or failure to interview the witness will result to negative
information.
INTERVIEW AND INTERROGATION

INTERVIEW – is the casual but systematic


conversation with a person ( victim, witnesses,
informant) and who may have knowledge relevant
too a crime under investigation.

INTERROGATION – is the formal systematic


questioning of a criminal suspect for the purpose of
securing an admission/ confession of guilt
concerning his connection with, or participation in a
crime under investigation.
Traits and Qualification of an interview

 Rapport
 Forceful Personality
 Breadth of Interest
 A good investigator must have the qualities of
a salesman, an actor and a psychologist.
Interview of witnesses

 victim
 complainant
 Person at the scene (passers, balot vendor)
 Persons in the vicinity of crime scene – the
neighbor
THE INTERVIEW FORMAT
I – identity
R - rapport
O - opening statement
N - Narration
I – inquiry
C- conclusion / evaluation as to the accuracy and
credibility of the witness.
Character Traits of the interrogator

• General knowledge
• Alertness
• Perseverance
• Integrity
• Logical mind
• Ability in observation and interpretation
• Self-control
• Playing a part
Purpose of Interrogation

• To obtain a confession/admission to the


crime.
• To learn the facts and circumstances
surrounding the crime.
• To learn the identity of the accomplices.
• To develop information which will lead to the
recovery of the fruits of the crime
• To discover the details of other crimes
participated in by the suspect.
Attitude of the investigator in the
interrogation room.

• Preliminary Conduct
• Distracting Mannerism – anything that
will distract attention
• Language
• Dress
• Dominate the Interview
• Limit presence of other persons
• Place- the room must have psychological
advantage.
Documenting the Interrogation

 Admission – it is a self-incriminatory statement by


the subject falling short of acknowledgement of guilt.
It is acknowledge of a fact or circumstance from
which guilty may be inferred.

 Confession – it is direct acknowledgement of the


truth of the guilty facts. As charged or some essential
part of the commission of the criminal act itself.

 Deposition – is the testimony of a witness reduced


to writhing under oath or affirmation, before a person
empowered to administer oath in answer to questions
and cross- interrogations submitted by the party
desiring the deposition and the opposite party.
BEHAVIOR OF THE SUBJECT DURING
INTERROGATION
A. Observing the suspect’s behavioral characteristics.
a. Movements/Actions
b. Symptoms of Lying
a1. They tend to come late or even postpone the Questioning.
b2. Appeared to be very worried and highly nervous.
@ Nervousness was manifested in a variety of ways.
1. Acting Aggressively
2. Resentful attitude
3. Appearing to be in shocked condition
4. Mental Block
5. Evasive
6. Extremely dry mouth
7. Continually yawning
8. Refusing to meet the eye of the investigator
9. Over friendly or Polite
10. Always explaining about their emotions, conditions,
nervousness
11. Always swearing to god’s name.
Symptoms of Truth

 Voluntariness
 Confident and sincere.
 Straight forwardness
 Being cooperative
THE 3rd I’s of Criminal investigation

3. The instrumentation – is the application of


instruments and methods of physical science
to the detection of crime.
3 PHASES OF INVESTIGATION

 To Identify the Criminal


 To locate and Apprehend the criminal
 To provide evidence of his guilt.
*How to IDENTIFY THE CRIMINAL
The 1st process of identifying the criminal or how to
identify him.

Confession – it is direct acknowledgement of the truth of


the guilty facts. As charged or some essential part of
the commission of the criminal act itself.

Admission – it is a self-incriminatory statement by the


subject falling short of acknowledgement of guilt. It is
Acknowledge of a fact or circumstance from which
guilty may be inferred.
Eyewitness testimony – The ideal identification is made
by an objective person who is familiar with the
appearance of the accused and who personally witnessed
the commission of the crime. Where the witness and the
accused are strangers and the period of observation was
limited only to a few seconds.

The Validity of the identification depends upon:

1. The ability of the witness to observe and remember the


relative “Distinctiveness” of the suspect appearance.

2. The prevailing conditions of visibility and observation

3. The lapse of time between the criminal event and the


identification ( time-critical theory)
Methods of Identification by witnesses

1. Verbal description - the witness must


described accurately

2. Photographic Files – (Rogue’s Gallery)

3. Gen. Photograph – variety of facial types which


represent different features of the face.

4. Artist’s assistance – cartographer

5. Police Line-Up – Procedure, there must be 7 to 10


persons, their appearance must be almost
the same as to height, hair color and clothing.
Confession – it is direct acknowledgement of the truth of the
guilty facts. As charged or some essential part of
the commission of the criminal act itself.

Admission – it is a self-incriminatory statement by the


subject falling short of acknowledgement of guilt. It is
Acknowledge of a fact or circumstance
from which guilty may be inferred.

Eyewitness testimony – The ideal identification is made by


an objective person who is familiar with the appearance of
the accused and who personally witnessed the commission
of the crime.
*Circumstantial evidence – is identification
established indirectly by proving other facts or
circumstances from which either alone or in
connection which other facts, the identity of the
culprit can be inferred.

When may circumstantial evidence be sufficient


to produce conviction?
• When there are more than one circumstances
• When the facts from which the inferences
derived are proven.
• When the combination of all circumstances is
such as to produce a conviction beyond a
reasonable doubt.
A conclusion to prove the identity by
circumstantial evidence
Motive – is that which induces the criminal to act.
Motive may be said to include the elements of
gain, sex, revenge, anger, and sex perversion.

Opportunity – this is the physical possibility that the suspect


could have committed the crime.

It may be deduced from the f.f:


1. The suspect could have been in the vicinity of the
crime.
2. Absence of alibi
3.Circumstances and Knowledge of the criminal
Associative Evidence - are physical evidence
which may identify the criminal by means of clues,
personal properties, or the characteristics pattern’s
of the procedure deduced from the arrangement of
objects at the crime scene.

OTHER TYPES OF INFORMATION TO IDENTIFY AND


LOCATE THE OFFENDER.
1. The use of Police intelligence
Sources of Information
a. witness
b. interested parties
c. informant
d. informer
Types of Informant

1. anonymous informant
2. rival-elimination informant
3. false informant
4. frightened informant
5. self-aggrandizing informant
6. mercenary informant
7. double crosser informant
8. woman informant
9. legitimate informant
Motives of Informants
a. vanity (pride) b. Civic Mindedness c. fear
d. repentance e. avoidance of punishment
f. gratitude or gain g. competition h. revenge
i. Jealosy j. remuneration
*TRACING AND LOCATING THE CRIMINAL
Tracing is the application of all procedures for the search of
persons. Many of the steps suggested for identifying the suspect will
also lead to his location.

Sources of information
Receiving information can be stimulated by friendly cooperation
with other officers and agencies.
@ The habit of jotting down notes and keeping permanent records
regarding aliases, places of residence, hangouts, habits and police
records of potential and professional criminals will be found invaluable.
@ Visiting to local bureaus f criminal information and identification
in securing the F.F:
1. Modus Operandi 2. Rogue’s Gallery 3. Criminal record and
Fingerprint classification files.
Surveillance - is the covert observation of places, persons
and vehicles for the purpose of obtaining information
concerning the identities or activities of the subject.

Surveillant – is the person who maintains the


surveillance or performs the observation.
Subject - is the person or place to be watched.

KINDS OF SURVEILLANCE
1. Surveillance of place
2. Tailing or Shadowing
3. Undercover investigation or “Roping”
@ Surveillance of Places
The crimes which requires this type of surveillance are gambling,
abortion, prostitution, illegal sale of drugs or alcohol, dishonesty
among employees or infidelity.

Objectives of Surveillance of Place

 To detect criminal activities


 To discover the identities of persons who frequent in the
establishment and to determine their relationship.
 To discern the habits of a person who lives in or frequent in the
place.
 To provide evidence of a crime or to prevent the commission of a
crime.
 To apprehend person in the commission of an offense.
 To provide a basis for obtaining a search warrant.
Methods of Observation and surveillance

1. Stake-Out – are applied to places where gambling, prostitution,


abortion, use of prohibited drugs.
2. Spot Checks – observation are made on a random basis.
3. Passes - several passes a day if the location being checked is on
a busy street.
4. Plant - is a stationary look-out such as apartment, motel or house.

@ Shadowing or Tailing – defined as the act of following a person


discreetly.

Purpose / Objectives

 to detect evidence of criminal activities


 to establish the association of a suspect
 to find a wanted person
 to protect a witness
Methods of Shadowing by Foot
 One – Man – Shadow
 Two – Man – Shadow
 Three –Man – Shadow / ABC method

Techniques of shadowing by Automobile

In tailing by automobile, 2 cars are more effective than one car. And at
least 2 persons in each car.

1. No License Plate/ Use colorum cars

2. Disguising the car, change the appearance of the car by placing or removing
stickers, windshield adornments, shifting headlights from dim to bright,
rearranging the seats of occupants, changing the occupant’s cloths.

3. The manner of driving should be changed often as by alternating between


the right and left lane.
@ UNDERCOVER ASSIGNMENT
Is a form of investigation in which the investigator assumes a
different and unofficial identity in order to obtain information.

Objectives of undercover assignment

1. To Obtain evidence - the undercover worker can observed criminal


activities, listen to conversations, photograph documents and perform
many other useful services for the purpose of obtaining vital information.

2. Obtaining information – the undercover is close to the criminal and hence


in a much better position to know the details of the crime.

3. Checking Informant – if it is suspected that the informant’s reports are


prejudices, misleading or inaccurate, the undercover check can be made.

4. Fixed Surveillance – is in the bosom of the criminal family, the undercover


worker can even become a friend of the subject so that he is aware of
ever move made by the subject, and he can install and maintain
investigative gadgets.

5. Checking loyalty – it is often difficult to determine a person’s loyalty on the


basis of information supplied by his associates.
TO PROVIDE EVIDENCE OF HIS GUILT
The Crime Scene : A place to search for evidence

Concepts – When a crime occurs, there are three primary


sources of physical evidence available to the crime scene.

a. The crime scene itself b. the victim c. The suspect

CRIME SCENE – is a physical location where a suspect either


commits an illegal act or leaves physical evidence of such an
act.

BASIC COMPONENTS

1. Suspect Arrival at the Scene –


2. Place of Entry
3. Movement of suspect from point of entry
4. Suspect Contact with the victim
5. Place of exit
PHYSICAL EVIDENCE – it embraces any and all objects, living or
inanimate, solid, liquid and gas the relationships between all such
objects as they pertain too the problem in question.

The Success of most Criminal Investigation is at the Crime Scene.

 It is at the crime scene where vital physical evidence can be


discovered.
 It is at the crime scene where vital information can be learned
 It is at the crime scene where vital witnesses can be located, or
sometimes the suspect arrested.
In searching for physical evidence, that an evidence can be
almost any object that has been disturbed from its original position
where the crime took place, or any object which is foreign or not an
original part of the place.

CHARACTERISTICS OF PHYSICAL EVIDENCE

 Physical evidence are factual


 Physical evidence does not forget
 Physical evidence are not confused by the excitement of
the moment
 Physical evidence cannot perjure or falsify
SCENE OF A CRIME OPERATION

1. Officer –In-Charge – who directs the search, assigns duties and


responsibility for the effectiveness of the search.
2. Assistant - Implements the order f the OIC.
3. Photographer – he’s task is to take photograph the scene and
individual pieces of evidence.
4. Sketcher – He makes a rough sketch of the scene given and later
prepare a finished sketch for court presentation.
5. Master Note-taker – who writes down in shorthand the description
of the scene.
6. Evidence Man – he collects, preserves and tags the articles of
evidence
Methods of searching or Types of Search

 Strip Method
 Double Strip Method
 Spiral Method
 Zone Method
 Wheel Method
METHODS OF SEARCHING THE CRIME SCENE
Selection of a Search method – to insure a thorough and complete inspection
for possible evidence.

A systematic method of searching and particular method employed has the


F.F factors.
a. Location - 1. Interior of the building 2. Outdoor Areas
3. Vehicles or transportation used.
Number of personnel available
Type of Objects sought - big objects are easily identified but the small
ones are hard to conclude.
Speed desired/ application of the principle of time critical.
Photograph the scene - kinds of photographs to be taken at the crime
scene.
Photograph the scene - kinds of photographs to be taken at
the crime scene.

• Over all photographs


• Photographs of the deceased
• Photographs of the articles of evidence
• Special Technology – Ultra violet and infra red photomicrography
ect.
• Photographs of the environs
• Photographs of the body after removal

RECONSTRUCTION OF THE CRIME - after completion of the


search, an effort must be made to determine from the appearance of
the place and its objects what actually occurred and what the
circumstances of a crime.
2 kinds of Reconstruction

1. Physical Reconstruction – it is the physical appearance of the crime


scene is reconstructed from the description of witnesses and the indication
of the physical object.

2. Mental Reconstruction – from the physical reconstruction some


conclusions can be made concerning the consistency of the accounts of
various witnesses
SKETCH OF THE SCENE
The sketch is the simplest and the most effective way of
showing actual measurements and of identifying significant items of
evidence in their location at the scene.

2 kinds of Sketch

1. Rough sketch

and 2. Finished sketch

1. Rough sketch – a sketch made by the investigator at the crime


scene and no scale proportion is assigned and everything is
approximated.

2. Finished sketch – a sketch made by the investigator primarily for


court presentation and scale and proportion is observed.
Specific kinds of Sketch

• Sketch of locality
• Sketch of grounds
• Sketch of details

Elements of sketching

• measurement
• compass direction
• essential Items
• scale of proportion
• legends – explanation of any symbol used to identify object.
• Title - this includes case identification, victim, scene
portrayed, location, date and time when it was made and the
name of the sketcher.
RECOGNIZING POTENTIAL EVIDENCE

Articles at the scene of a crime may not always be readily


recognizable as evidence of the crime. The investigator must make
a preliminary evaluation f objects as they are found to determine
whether they have evidentiary value and should be collected.

Basic Check List

 What Crime has Occurred


 Items unusual to the scene ( bullets, moved objects, broken
objects, missing objects.)
 Items necessary to complete the investigation ( Corpus delicti,
articles which would prove criminal act.)
 Weapons or Other instruments of Crime – search for objects which
could have been used to commit the offense or to facilitate entry
or exits of the offender.
 Associative Items
 Fingerprints or tracks
 Evidence for standards of reference
THE BASIC ELEMENTS OF THE INVESTIGATIVE
PROCESS
Recognition – Information relating to a crime must be recognized as
such by the investigating officer.
Ex. Drops of Blood (it reveals the direction and the
estimated speed of the suspect.)

Collection – Relevant information must also be collected by the


investigator.
Ex: Scraping of the dried Blood at the homicide scene (and
determined if the blood is human or animal)

Preservation – The information must be preserved to insure its


physical and legal integrity.
Ex: place the blood in the clean container and properly sealed,
label or tag.

Proper transmittal to the crime laboratory for examination.


Evaluation – to determine its worth in prosecuting the suspect.
EXAMINATION OF THE CRIME SCENE
 Protect the crime scene
 Take Photographs
 Make a sketch of the crime scene
 Collect small evidence first
 wear gloves or use forceps to pick up small evidence.
 Look for things that are out of place
 collect fingerprints
 collect standard samples for comparison
 blood stains
 foot impression
Method of Collecting Evidence

A–
1. Search the crime scene in clockwise manner, from outer
perimeter to center or any method of search can do.

2. Collect fragile (easily broken: delicate) evidence first; ie.


Blood, body fluids, prints.

3. Then the small evidence (using forceps) Location is


sometimes more important than its rarity. The closer it is to the
center of the crime, the more valuable the evidence will be.

4. Other evidence , as it is found next.


B- Collect Standard Samples for comparison
Example: Blood stains, foot or shoe impression, hair.

C- Collect and preservation of Physical evidence

1. Get all of the Physical evidence. sufficiency is important.

2. Mark the evidence correctly. Don’t use “X” it is too common. If


the evidence has serial number, no need to mark. Where to
mark? 1. Coat – mark on the inside of the inside pocket. 2.
Trouser – on the back of the inside f the waistband, do not
mark the pockets. 3. Shirt – Back part of the tail 4.
Bullet – On the base, not on the side or the nose 5.
Cartridges – on the inside of the open end.
3. Avoid contamination – separate things in separate containers.
4. Maintain the chain of possession
Care for Physical evidence

Introduce physical evidence in a court , three (3) factors


must be considered.

1. The article must be properly identified


2. Contuinity or chain of custody must be proved
3. Competency must be proved.

CHAIN OF CUSTODY - The number of persons who handle the


evidence between the time of commission of the alleged offense and
the ultimate disposition of the case should be kept to a minimum. Each
transfer of evidence should be properly receipted

The recipient of the evidence shall be accountable for it


during the time it is in his possession He must protect it and he must
record the name of the person from whom he received it and also to
whom it was delivered.

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