UNIT II

THE CRIMINAL INVESTIGATOR AND CRIMINAL INVESTIGATION

The Investigator
Who Conducts Investigation
Investigators may be grouped in three ways:
1. Fictitious Investigators
2. Government Investigators – Example of this category of investigators are
the police investigators (CIDG Officers, NBI Agents) and BIR Inspectors.
3. Private Detectives – These are hired private people who conduct
investigation either directly or indirectly, such as those employed by
government and private attorneys to collect information or evidence.

Goals of Criminal Investigation

The goal of criminal investigation would seem to solve cases, to discover who did it. In
reality, the goals of criminal investigations are not quite so simple. To hold offenders to account
for their acts, criminal investigation has several important goals.
The goals of criminal investigation are to:
• Determine whether a crime has been committed.
• Legally obtain information and evidence to identify the responsible person.
• Arrest the suspect.
• Recover stolen property.
• Present the best possible case to the prosecutor.

The Five Functions of Criminal Investigation

Criminal investigation as a process, involves the following:
1. Identification of evidence.
2. Collection of evidence.
3. Preservation of evidence.
4. Evaluation or processing of evidence.
5. Presentation of evidence in the criminal case.
Note: these are otherwise referred to as the main functions of the criminal investigators.

Basic Functions of Investigators

The numerous functions among others performed by investigators include:
1. Providing emergency assistance;
2. Securing the crime scene;
3. Photographing videotaping and sketching;
4. Taking notes and writing reports;
5. Searching, obtaining and processing physical evidences;
6. Obtain information from witnesses and suspects;
7. Identifying suspects;
8. Conducting surveillance says, stakeout, and undercover assignments; and
9. Testifying in court.

Qualities of Investigators
1. Perseverance - steadfastness, persistence and resolution to bring the desired
conclusion in spite of obstacles connected with criminal investigation.
 2. Endurance - the ability of last physically and mentally fit hence they must have an
extraordinary physical and mental energy, and during sleepless nights and tiresome
days.
3. Incorruptible, honesty and integrity - in the practice of the sort, there is the ever
temptation of money, women and drinks. Where these are present in every corner
playing tricks of temptation.
4. The intelligence and wisdom of Solomon - this is very important in order that the
investigator could easily decipher falsehood.
5. The knowledge of psychology and other natural sciences - he must know the
different patterns of human behavior, the prevailing situations in specific environment
and the laws of nature. It is an armor to the sections and lies when dealing with
witnesses, informers and suspect.
6. Acting ability - this is the ability to go down to the level of the mirror, the prostitute or
slum dwellers, or the level of other professor or the members of the elite.
7. Mastery of the oral and written communication - this is necessary in order that
the investigator will not suffer setbacks in getting accurate facts.
8. The king power of observation and description - these are very important in the
crime scene investigation and in interview and interrogation.
9. Courage - it is a moral fortitude to tell the truth no matter who will be hurt.
10. Working knowledge of criminal law, evidence, criminal procedures and penal special
laws.
11. Sense of justice in fairy play.
12. The power to “read between the lines.”
13. Working knowledge of martial arts and firearm proficiency. These are necessary because
the investigator may find himself in many occasions to be alone in confronting, are
resting and bringing to headquarters and intermittent the suspect.

The Golden Rules of Criminal Investigation

1. Identify, if possible, retain for questioning the person who first notified the police.
2. Determine the perpetrator by direct inquiry or through observation if his identity is
obvious.
3. Detail all persons present at the crime scene.
4. Summon assistance if necessary. Assign specific duties to assistants or subordinates, if
any.
5. Immediately separate witnesses or suspects for purpose of securing independence
statements.
6. Protect the area by giving appropriate orders and by physically isolating it.
7. Permit only authorized people to enter the crime scene boundary.

Criminal Investigation. May star in 3 ways:

1. A report or information receive about the criminal incident;
2. The criminal complaint of the offended party; or
3. Spontaneous action or self in initiation by the police or any law enforcement agency.

Based on the PNP standard operating procedure, the police station desk officer must do
things once he receives a criminal complaint or report.
1. Record the time the report or complaint was made, the identity of the person who
made the report, place of the incident and a synopsis of the incident.
 2. Inform his superior officers or the duty officer regarding the report.

Phases of Criminal Investigation

1. Preliminary Investigation – a.k.a. Initial Investigation
The first officer who respond to the scene is in charge until relieved by another
officer. These same basic procedures are followed regardless of whether the offers
officer at the scene is a patrol officer, an investigator or the chief of police.
The initial response is usually by a patrol officer assigned to the area where are
crime has occurred.
The initial response is important or crucial to the success of an investigation.
Although it is popularly believed that the cases are one or lost in court, more cases
actually are lost during the first hour of an investigation-the initial response period than
in court.
It is important to arrive at the crime scene rapidly because:
• The suspect may still be at or near the crime scene;
• Injured persons may need emergency care;
• Witnesses may still be at the scene;
• A dying person may have a confession or other pertinent information to
give;
• Weather conditions may change or destroy evidence; and/or
• Someone me attempt to alter the crime scene.
The responding officers proceed to the crime scene as quickly as safety allows.
Officers who injure themselves or someone else on the way to a call make create more
serious problem that exists at the crime scene.
a. Conducting Preliminary Investigation
After all emergency matters have been handled at the crime scene has
been secured, the actual preliminary investigation can begin. This includes
several steps whose order depends on the specific crime and the types of
evidence and weaknesses available.
b. Responsibilities during the preliminary investigation include
• Questioning victims, witnesses and suspects.
• Conducting a neighborhood canvas.
• Measuring, photography, videotaping and sketching the scene.
• Searching for evidence.
• Identifying, collecting, examining and processing physical evidence.
• Recording all statements and observation in notes.
c. Acronym of Preliminary Investigation
P = proceed to the crime scene promptly and safety
R = render assistance to injured
E = effect arrest of the criminal
L = locate and identify witnesses
I = interview complainant and witnesses
M = maintain integrity of crime scene and protect evidence
I = interrogate the suspect as necessary
N = note conditions, events and remarks
A = arrange for evidence collection or collect it yourself
R = report the incident fully and accurately
Y = yelled responsibility to follow up investigator or superior officer
 2. Continuing/Follow-up Investigation – a.k.a. continuing or In-Depth
Investigation
Preliminary investigation that satisfies all the investigative criteria do not
necessarily yield and enough information to prosecute a case. Despite a thorough
preliminary investigation, many cases require a follow-up investigation. A need for a
follow-up investigation does not necessarily reflect poorly on those who conduct the
preliminary investigation. Often, factors exist that are beyond officer's control. Weather
can destroy evidence before officers arrived at the scene, witnesses can be
uncooperative and evidence may be weak or nonexistent, even after a very thorough
preliminary investigation.
The follow-up phase builds on what was learned during the preliminary
investigation. This phase can be conducted by the officer who responded to the original
call or, most often, by detectives are investigators. If investigators take over a case be
gone by patrol officers, coordination is essential.
Investigative leaves that may need to be pursued include:
• Checking the victim’s background.
• Talking to informants.
• Determining who would benefit from the crime and who had sufficient
.\knowledge to plan the crime.
• Tracing weapons and stolen property.
• Searching modus operandi, mugshot and fingerprint files.
3. Concluding Investigation – a.k.a. final investigation
The direct outgrowth of the previous 2 stages.
• Case suspended.
• Case successfully concluded and prepared for prosecution.

Elements of Criminal Investigation as a Process (Five Functions)

1. Recognition/Identification
This activity involves the efforts of identifying data, including physical things that
may provide relevant information regarding the criminal case being investigated. The
earlier the significant facts are identified, the sooner the case will be solved. Significant
things that must be recognized may be in the form of blood stain at the crime scene,
neighbors who accidentally saw a burglar in the progress, or bank records for drug
dealers.
2. Collection
This is the act of gathering those identified data or facts or physical things that
are significant to the case under investigation. Collection may be done by scraping the
blood stain found at the crime scene, interviewing the neighbors who saw the burglary
or examination of drug dealers bank book.
3. Preservation
This is a function that is continuously performed during the collection stage. It
includes act of keeping the collected pieces of evidence in their true and original form.
Preventing contamination or destruction of its substantive value. Preservation does not
only involve the process of packaging physical evidence in order that they can be safely
transmitted to the evidence custodian or to the crime laboratory. It covers the process
of maintaining the objectivity of facts or information that has been gathered from the
testimony of witnesses, victims or other persons involved in the crime scene.
4. Evaluation
 This is the process of determining the probative value of collected pieces of
evidence. Probative value refers to the evidence or it's worth in successfully establishing
a proof that a crime had in fact been committed and that the suspects or accused is the
one who is responsible for it.
5. Presentation
This function is primary manifested inside the court. The investigator, with the
help of the prosecutor, must be able to present facts in a very simple and convenient
manner in order to convince the court and other parties involved in the criminal case
about the validity and the truthfulness of the pieces of evidence that are trying to prove
or established that the crime what's really committed period.

Kinds of Criminal Investigation

Generally speaking, there are only two kinds of criminal investigation namely:
1. Investigation while the suspect is under arrest or detention; and
2. Investigation where the suspect is at large meaning not arrested or detention
as distinguished from fugitive from justice.
Criminal investigation is the actor can by the law enforcer after the arrest of the
offender or upon the written complaint of the offended party so that the perpetrator may be
held accountable for the crime he has committed before the bar of justice.

Modes of Criminal Investigation

Criminal investigations are conducted through the use of three different responses,
namely: reactive response, proactive response and preventive response.
1. Reactive response. This addresses crimes that have already occurred. In this case,
the investigators typically respond to a crime, collect evidence, locate and interview
witnesses, and identify and arrest a suspected perpetrator.
2. Proactive response. This anticipates criminal activity. Proactive response differs from
reactive investigation into major points.
a. The investigation is conducted before the crime is committed.
b. The suspect is identified before he or she commits the crime.
3. Preventive response. This is concerned with the prevention through the parents is
sometimes achieved by arresting the criminal and by aggressive prosecution.

The Six (6) Cardinal Points of Investigation

In the performance of his duties, the investigator must seek to establish the 6 cardinal
points of investigation, namely: what, where, when, why, who, and how.
Its importance are the following:
a. Assist the investigator and the desk officer in making brief statements of the
fox in the logbook and in reports.
b. Aid the investigator in searching the crime scene or other places which
maybe serve a sources of evidence.
c. Guide the investigator in formulating questions in interviewing complainant,
witnesses and other interested parties or in the process of interrogating a
suspect.
d. Help the investigator in preparing the Modus Operandi report.
e. Assist investigator in finishing a brief concise criminal investigation report.

Remember to get the Specifics

a. WHO
• Observe the crime
• Saw the suspects
• Committed the crime
• add the motive to commit the crime
• accompany the suspect
• called the police
• is or was the victim
b. WHAT
• crime was committed
• was stolen, damaged etc.
• evidence has been located
• statements were made
• additional information is needed
c. WHEN
• was the crime reported
• did the crime occur
• was the police notified
• was evidence collected
d. WHERE
• did the crime occur
• what's the evidence located
• do the suspects live
e. WHY
• was the crime committed
• was the victim chosen
• was the location chosen
• was that specific property ticket
f. HOW
• did the suspects get in
• was the crime committed
• was evidence discovered