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FUNDAMENTAL TO CRIMINAL INVESTIGATION
What is the legal consequence if an arrested person under custodial investigation is deprived of the afore
stated constitutional rights?
Any testimony of statement taken from the arrested person who is deprived of the three
constitutional rights would be inadmissible as evidence in the Courts of Justice.
On the other hand, the investigator may be held criminally liable for the violation of law.
Criminal Investigator Defined
A Criminal Investigator is a person who is charged with the duty of carrying on the
objectives of criminal investigation, e.g. to identify and locate the guilty and provide
evidence of his guilt.
What are the five qualities of a good investigator?
The ability to persevere or stick to task inspite of the monotony and the many obstacles
which surrounds it.
He must have certain abilities and an intelligence which would enable him to acquire
information easily and readily and to use this information truthfully. He should have the
capacity to think through situations. The investigator must be intelligent as the offender.
He must be honest. He must be incorruptible and must possess personal integrity. The
investigator will be subjected to all kinds of temptations: physical, emotional and
material.
He must have an understanding of the people and the environment in which he lives.
He must know the weakness and the strength of the people, so that he can use them to his
advantage, particularly during interrogation. A knowledge of the psychology of human
behaviors is essential to the investigator. He should be aware of the factors of the social
pattern that contributes to the kinds of behaviors exhibited by the individual.
He must a keen power of observations and accurate description. Observation implies a
clear mental picture of what is seen. It requires a seeing detail, a study of detail, and a
recognition that the whole picture is composed of many details. A good investigator must
observe them accurately and completely. He must train himself to observe and perceive
persons, place, things, and incidents as they really are. He must be trained to estimate the
passage of time, speed, and distance; to recognize colors; to distinguish between varying
degrees of light; to estimate age; height and weight.
He must be trained to see and record facts and must practice observing and recording facts,
observation without the complimentary ability of description is valueless in investigation work.
The investigator must learn to describe what is observed. The accurate and all inclusive
observation by the individual is meaningless to all even to himself unless he can tell clearly and
precisely what was seen.
The interviewer’s Personal Traits:
SUSPECT OR SUSPECTS- an individual who is/ are pointed to be by the victim and witnesses
to have had committed the crime.
Subject person is not considered a criminal unless otherwise the honorable court will pronounce
in court his/her conviction.
CRIME SCENE- a venue or place where the alleged crime/ incident/ event has been committed.
CRIME SCENE SKETCH- a drawn overlay of the crime scene indicating the position or exact
location where the body of the victim lie is/ found including the physical evidence. Likewise it is
the complete description of the crime scene with complete measurement and scale. Sketch or
sketches are substitutes to notes and photos and are only supplatory to both.
INTERVIEW – a simple inquiry/ conversation type elicitation of information(s) from a willing
victim/ witness relevant to a certain crime/ incident/ event under investigation.
INFORMATION- data gathered by an investigator from other persons including but not limited
to both the suspect and the victims , and from 1) Public records ;2) private records; and 3) modus
operandi file.
INTERROGATION- skilful questioning of hostile witness & suspects.
INSTRUMENTATION- scientific examination of real evidence; application of instrument and
other scientific aids or methods of the physical sciences in detecting crime.
PURPOSE OF CRIMINAL INVESTIGATION
1. To know the crime; its element and circumstances; identity of the victim, the suspects and
witnesses and secure physical evidence.
2. To know the truth;
3. To know the motive
Seven (7) factors responsible for the inaccuracy of recollecting what has been observed.
- Addition of details which were not in the original picture.
- Some items may be dropped from one observation and other items from a different observation
may be integrated by means of substitution.
- Recollection is subject to transposition in time, sequence and arrangement of details
- Focused attention. Some persons, by training will note only certain details and overlook others.
They see only one thing and are oblivious to the rest.
- Transmission of information leads to in accuracy. Words are used to convey description. We all
have difficulty in translating observation into such language as will actually convey our picture.
Mistakes due to communication are laid on the speaker and the listener.
- Incompleteness or simplification. Too much simplification may lead to omission of details which
may in the future be essential in the investigation.
- Too much self confidence in their recall. An investigation may relay too much on his memory of
what has been observed and described through memory, but the recollection may not be vivid and
actual.
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What are the Golden Rules to be observed by the Investigator upon arrival at the scene of the
crime?
- Identify and if possible, retain for questioning the person who first notified
the police; Determine the perpetrator by direct inquiry or observe him, if
his identity is immediate apparent;
-Detain all persons present at the scene;
-Summon assistance, if necessary;
-Safeguard the area by issuing appropriate orders and by physically
Isolating it;
-Subsequently, permit only authorized persons to enter the area;
-Separate the witnesses in order to obtain independent statements;
-Do not touch or move any object;
-Definitely assign the duties of the search if assistants are present.
One of the Golden Rule is “Do not touch or move any object”; what should then be the primary job
of an investigator before applying this rule?
a) 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 for an ambulance from the nearest hospital.
b) Then Measure, sketch and photograph the crime scene immediately after the victim is removed
and brought to the hospital for medical attendance;
c) b) If the victim is dead, the body should be removed only after the crime scene is measured,
sketched, and photographed.
Assignment of duties
If there are many investigators assigned to form a team, the following arrangement is
recommended to insure maximum effectiveness:
1. Officer-in-charge – one who directs the search, assigns duties, and assumes responsibility for the
effectiveness of the search.
4. Sketcher – makes a rough sketch of the scene given and later a finished sketch.
5. Master Note-taker- writes down in short hand and the observations and descriptions during the
search.
6. Measurer- he makes overall measurements of the scene.
7. Evidence man- one who gather, collect and preserve the evidence.
Modes of Investigation
1) Reactive response- addresses crimes that have already occurred.
2) Proactive response
- To anticipate criminal activity; investigation is conducted before the crime is committed; the
suspect is identified before committing a crime.
3) Preventive response
TYPES OF CONFESSION
1. Judicial confession- confession done in the court.
2. Non- judicial confession or extra- judicial confession- called “out of court’, this kind of
confession is inadmissible in court unless corroborated by proof of corpus delicti.
b. Eyewitness testimony
c. Circumstantial evidence -
is identification established indirectly by proving other facts or
circumstances from which, either alone or in connection with other facts, the identity of the
perpetrator that can be inferred.
d. Associative evidence-are the physical evidence which may identify the criminal by means of clues,
personal properties, or the characteristics patterns of procedure deduced from the arrangement of objects
at the scene.
Chain of Custody
- Refers to the number of persons who handle 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 receipted. The recipient of the evidence shall 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.
Admission
is a self-incriminatory statement by the subject falling short of an acknowledgement of guilt. It is
a acknowledgement of a fact or circumstances from which guilt maybe inferred.
It implicates but does not incriminate. Coupled with circumstances such as the existence of a
motive, the admission may provide an inference of guilt.
MODUS OPERANDI
Means the method of operation. The modus operandi file enables the investigators to recognize a
pattern of criminal behaviour, to associate a group of crime with a single perpetrator to enable
them to predict, approximately, the next target of the criminal, and to assist complaints,
eyewitnesses and investigators to recognize the perpetrator by means of the recorded information
concerning the characteristics of his criminal activities.
The motive may be the desire to obtain revenge or personal gain. Intent on the other hand, is the
accomplishment of the act. Motive need not be shown in order to obtain conviction, but intent
must always be proved where it is an element of the offence. In some crimes, intent is an essential
element, while in others, it is merely necessary to show that the accused is aware of the
consequences of his acts.
3. Spiral Method
- The searchers follow each other in the path of a spiral, beginning in the outside and
spiraling in towards the center.
4. Zone Method
- The area to be searched is divided into quadrants and each searcher is assigned to one
quadrant
5. Wheel Method
- The searcher gathers at the center and proceed outward along the radii or spokes.
The principal drawback of this method is that the distance between searchers increases as they
depart from the center. The investigator must see to it that the search made with the employment
of any of the above methods must be thorough. The discovery of any physical evidence in the
course of search must be collected and preserve without specific regard of their relation to the
crime.
A crime scene sketch depicts the overall layout of a location and the relationship of evidentiary items to
the surroundings.
It can show the path a suspect or victim took and the distances involved. It can be used when questioning
suspects and witnesses. During trial, the crime scene diagram correlates the testimony of witnesses and
serves as a tool for relaying reference and orientation points to the prosecutor, judge and jury.
Types of Sketches
A. Overview sketch
– consists of a bird’s-eye-view or floor plan sketch
of the scene. This is the most common type of sketch and consists
of items on the horizontal plane.
B. Elevation sketch
– portrays a vertical plane rather than a horizontal
plane. Examples include bloodstain patterns on vertical surfaces
such as walls or cabinetry and bullet holes through windows.
KINDS OF SKETCH:
1. ROUGH SKETCH
2. FINISH SKETCH
2. Interrogation
- is the process of questioning witnesses and suspects to obtain further information. The
effectiveness of interrogation depends on the craft, logic and psychological insight of the interrogator in
interpreting the information relevant to the case.
Purpose of Interrogation
1. To obtain information concerning the innocence or guilt of a suspect.
2. To obtain confession to the crime from a guilty suspect.
3. To induce the suspect to make admission
4. To know the surrounding circumstances of a crime.
5. To learn of the existence and location of physical evidence such as documents or weapons.
6. To learn the identity of accomplices.
7. To develop information which will lead to the fruits of the crime?
8. To develop additional leads for the investigation.
9. To discover the details of any other crime in which the suspect participated.
10. In proving the guilt of the accused in court, the fact of the existence of the crime must be
established; the defendant must be identified and associated with the crime scene; competent and
credible witnesses must be available; and the physical evidence must be appropriately identified.
The proof of guilt will depend on the establishment of the essential elements of the crime. The
investigator must know by heart the elements of specific crime.
3. Instrumentation
- the application of instruments and methods of physical science to the detection of crime.
It is the application of physics, chemistry, biology in crime detection. It is the sum total of the application
of all sciences in crime detection otherwise known as criminalistics although instrumentation means more
than criminalistics because it includes also the technical methods by which the fugitives may be traced
and examined.
QUALIFICATION OF AN INVESTIGATOR:
1. Rapport – good relationship between interviewer and the subject.
2. Forceful Personality- the interviewer may induce trust and confidence by the strength of his
character.
3. Breadth of interest- it is necessary for the interviewer and the subject to develop a meeting
ground or interest.
4. Qualities of a salesman- an actor, and a psychologist must possess insight, intelligence and
persuasiveness.
b. COLOR CHANGE
- Anger is indicated if the face is blushed. It is also the result of extreme nervousness or
embarrassment.
c. DRY MOUTH
- This is a sign of great tension and is a reliable symptom of deception.
d. BREATHING
- An effort to control breathing during the critical questioning is an indication of deception.
Gasping of breath is the ultimate result of the control in breathing.
e. PULSE
- When observed at the sides of the neck, the investigator will discover the increase in pulse beat
which is indicative of deception.
2. SURVEILLANT defined- The surveillant is the person who conducts the surveillance or performs
the observations.
TYPES OF SURVEILLANCE:
1. COVERT Surveillance- when the subject is not aware that he is being
observed.
2. OVERT Surveillance – When the subject is aware that he is being tailed.
b. TWO MAN SHADOW- this is easier for the surveillants to fully cover the subject. The method
allows the exchange of the positions of the shadowers in order to avoid discovery.
b. USE OF CONVOY
- The subject employs other partners to detect if he is being tailed.
UNDERCOVER OPERATION
-Defined it is a police operation wherein the investigator assumes a fictitious in order to infiltrate
the ranks of the criminals for the purpose of obtaining information. This is only resorted to as a final
option if no other effective means of obtaining information is available. It is a last resort because of the
risk involved which may cause the loss of life or limb of the investigator. This is called “ Roping”.
a. TELEPHONE
– Utmost secrecy must be the guidelines in calling headquarters.
b. CODED MESSAGES
- the coded messages should be written in inconspicuous writing materials. This messages should
be placed secretly in the drop boxes such as trashcans for the collection of the supporting agent.
c. SECRET MEETINGS
- They are pre-arranged to pass important and vital messages which should be immediately acted
upon.
a. By INFROMERS
b. By INFORMANTS
c. GRAPEVINE SOURCES
d. TAILING
IN SUMMING UP, THE FOLLOWING TASKS WILL BE A GOOD GUIDE FOR THE
INVESTIGATOR`S FOR SUCCESSFUL CRIMINAL INVERSTIGATION:
1. Recording; ( recording of pertinent facts & details upon arrival at the crime scene)
2. Searching for Physical evidence;
3. Collection of evidence; ( includes photographing and sketching)
4. Removing or removal of evidence;
5. Tagging of evidence;
6. Evaluation of evidence
7. Releasing of evidence
IMPORTANT TERMS:
1.CRIMINAL INVESTIGATOR- is a person who is charged with the duty of carrying on the objectives
of criminal investigation, e.g. to identify and locate the guilty and provide evidence of his guilt.
2. CRIMINAL INVESTIGATION- is an art which deals with the identity and location of the offender
and provides evidence of his guilt through criminal proceedings.
3. SUSPECT OR SUSPECTS- an individual who is/ are pointed to be by the victim and witnesses to
have had committed the crime. Subject person is not considered a criminal unless otherwise the honorable
court will pronounce in court his/her conviction.
4.CRIME SCENE- a venue or place where the alleged crime/ incident/ event has been committed.
5.CRIME SCENE SKETCH- a drawn overlay of the crime scene indicating the position or exact
location where the body of the victim lie is/ found including the physical evidence.
6.INTERVIEW – a simple inquiry/ conversation type elicitation of information(s) from a willing victim/
witness relevant to a certain crime/ incident/ event under investigation.
7.INFORMATION- data gathered by an investigator from other persons including but not limited to
both the suspect and the victims
8.INTERROGATION- skilful questioning of hostile witness & suspects.
9.INSTRUMENTATION- scientific examination of real evidence; application of instrument and other
scientific aids or methods of the physical sciences in detecting crime.
10.REACTIVE RESPONSE- addresses crimes that have already occurred.
11.PROACTIVE RESPONSE- to anticipate criminal activity; investigation is conducted before the
crime is committed; the suspect is identified before committing a crime.
12. PREVENTIVE RESPONSE- prevention through deterrence is sometimes achieved by arresting the
criminal and by aggressive prosecution.
13.CONFESSION- is a direct acknowledgement of the truth of the guilty fact as charged or of some
essential part of the commission of the criminal act itself.
14.CIRCUMSTANCIAL EVIDENCE-is identification established indirectly by proving other facts or
circumstances from which, either alone or in connection with other facts, the identity of the perpetrator
that can be inferred.
15.ASSOCIATIVE EVIDENCE-are the physical evidence which may identify the criminal by means of
clues, personal properties, or the characteristics patterns of procedure deduced from the arrangement of
objects at the scene.
16.ADMISSION-is a self-incriminatory statement by the subject falling short of an acknowledgement of
guilt.
17.SURVEILLANCE - It is the observation of persons, places, and vehicles for the purpose of obtaining
information concerning the identities of criminals and their activities.
18.SURVEILLANT d- The surveillant is the person who conducts the surveillance or performs the
observations.
19.SUBJECT- The person, place or vehicle being observed by the surveillant.
20.COVERT Surveillance- when the subject is not aware that he is being
observed.
21. OVERT Surveillance – When the subject is aware that he is being tailed.
22.SHADOWING or TAILING- It is the act of shadowing, tailing or following a person or persons.
23.UNDERCOVER OPERATION
- it is a police operation wherein the investigator assumes a fictitious in order to infiltrate the
ranks of the criminals for the purpose of obtaining information
24. INFORMANTS- is a person who provides privileged information about a person or organization to
an agency. The term is usually used within the law enforcement world, where they are officially known as
confidential or criminal informants (CI), and can often refer pejoratively to the supply of information
without the consent of the other parties with the intent of malicious, personal or financial gain.
25.
INFORMER- is a person who gives an information with reward , money or a gift.
26.MOTIVE - is that which induces the criminal to act.
27.INTENT - is the accomplishment of the act.