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DIVINE WORD COLLEGE OF VIGAN

COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

MODULE 2
UNIT 1: STANDARD OPERATION IN CRIMINAL INVESTIGATION

LEARNING OUTCOMES

At the end of the unit, the student should be able to:


➢ Explain and discuss the concept of criminal investigation
➢ Appreciate the historical background of criminal investigation
➢ Identify the proponents or significant personalities in criminal investigation.

ACTIVITY # 1. What do you want to know?

Instruction: Answer the following questions. Encode your answer on a short bond paper.
Format: Justify, font style: Arial, font size: 12, single spacing (normal)

1. What is criminal investigation?

2. What would you like to learn about conducting criminal investigation?

ACTIVITY # 2. Let’s explore!

Instruction: Answer the following questions. Encode your answer on a short bond paper.
Format: Justify, font style: Arial, font size: 12, single spacing (normal)

1. What if preliminary investigation fails?


DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

2. If you are a police officer, why did you decide to conduct the criminal investigation?

A. STAGES OF CRIMINAL INVESTIGATION

1. THE APPREHENSION PROCESS

If there is a crime then there is a perpetrator. Apprehension is integral part of criminal


investigation. The apprehension process, which is sometimes considered as the criminal
investigation itself, proceeds in this manner:

1. A crime is reported, discovered, or detected.


2. The police response.
3. A search for the perpetrator is conducted.

The search may either be:

• HOT SEARCH - actual search of the crime scene immediately after the commission of a
crime.
• WARM SEARCH - search of general vicinity of the crime scene.
• COLD SEARCH - investigative search.

Criminal investigation may start in three ways. Investigation commence because of:
1.) a report/information received about a criminal incident;
2.) the criminal complaint of the offended party; or
3.) spontaneous action or self-initiation by the police or any law enforcement agency.

In most cases, investigation of a criminal incident progress in three general stages:


1) Preliminary or initial investigation;
2) Follow-up, continuing or in-depth investigation
3) Final or concluding investigation

The stages of investigating a criminal case are founded on the three broad goals of
criminal investigation, which are as follows:
1. Identification and apprehension of criminal offenders.
2. Recovery of stolen property and/or missing/abducted persons.
3. Prevention of crime.

2. PRELIMINARY INVESTIGATION
The primary objective of investigators during the initial stage is the identification of
perpetrators. Most often, the concentration of their investigation is directed at the crime scene.
Such that, once the investigators receive a report concerning a criminal incident, they are obliged
to proceed at the crime scene provided that they are requested to investigate the case.

However, the criminal investigators are sometimes not the first people who arrive at the
crime scene. First responders are most often patrol officers on regular tour of duty.
DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

According to the first responder’s guide of the PNP, any police officer who first arrives at
the crime scene should endeavor to protect and secure the same in the following manner:
1.) Cordon the crime scene with whatever available material like police line or ropes. Use
human barricade if necessary.
2.) Evacuate injured persons to the nearest hospital.
3.) Prepare to take the “dying declaration” of severely injured person/s, if any.
4.) Prepare to brief the investigators about the situation upon their arrival.

As a basic guide for first responders, the acronym P-R-E-L-I-M-I-N-A-R-Y summarizes the
duties of the first investigator who arrives at the crime scene.
P - proceed to the scene promptly and safely
R - render assistance to injured person/s
E - effect arrest of the criminal
L - locate and identify witnesses
I - interview complainant/victim and witnesses
M - maintain integrity of the crime scene and protect evidence/s
I - interrogate suspects if necessary
N - note conditions, events and remarks
A - arrange for collection of evidences
R - report the entire incident fully and accurately
Y - yield responsibility to follow-up investigator or superior officer

3. FOLLOW-UP INVESTIGATION

The main objective of investigators in this stage is to trace and locate the suspects and
eventually the guilty party. This encompasses the identification and apprehension of the
perpetrators. At this stage, there is already full development of the case. The identity of the
offender is established thus, the focus of the investigation officer is to trace and locate the offender
for eventual arrest.

In criminal cases, there are investigative leads that must be pursued because they provide
opportunities for the discovery of significant facts. Pursuing investigative leads is necessary to
trace, identify, locate and apprehend the offender. As a general principle, the probability of a
successful investigation decreases as time passes by, starting immediately after the
performances of the unlawful act.

4. RECONSTRUCTING THE CRIME

CRIME RECONSTRUCTION
It is the process of recreating or re-acting how a crime occurred based on a rational theory.
The theory simply refers to possible explanation of what transpired at the crime scene.

Reconstructing the crime scene is necessary in knowing what happened and establishing
the modus operandi of the criminal.

Two Kinds of Crime Reconstruction:

1. PHYSICAL RECONSTRUCTION
DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

- this involves reconstructing the crime based on the physical appearance of the
crime scene. It is primary focused on the pieces of physical evidence found at the crime
scene.

Things to consider:
a.) Wherever possible, the investigator should attempt an actual physical
reconstruction of the crimes as it is reported to him by the witness and indicated by the
evidence.
Regardless of the process, the investigation must have at least a fundamental
knowledge of the actual part to be played and must have a story to tell which cannot be
discredited except by an extensive investigation, which the subjects are rarely able to
make.
b.) An example is homicide case; all articles at the scene may be placed in the
positions occupied prior to the homicide. The witnesses may be required to resume their
exact positions and to reenact their actions during the events which led to the killing.
Those reenactments by the witnesses should be photographed in its pose.
c.) A reconstruction of the position of participants and of the witnesses at the scene
of any crime may furnish valuable leads for further interrogation and investigation.
d.) The physical reconstruction of the scene of the crime, if practicable, should be
done at the same time of the day and under the same conditions of light and weather as
prevailed when the crime occurred.

2. MENTAL RECONSTRUCTION
-this is based on physical reconstruction and the descriptions of witnesses and
offended party about what happened and how did it occur.
.
Things to consider:
a.) The facts disclosed by a reconstruction of the crime should be compared with
the statements of witnesses.
b.) Certain physical evidence or statements may be so related to, and compared
by, other facts as to the proof of the circumstances of the crime.
c.) If a statement or act of an individual is unusual or inconsistent with the proof,
the investigator should ask wisely, what causes the individual to make the statement or
commit the act, and what must his conduct necessarily, have been to conform to the
circumstances shown by the proof.

In tracing the probable actions of a suspect, the investigator may encounter that the
criminal followed a course, which does not seen logical. This should not cause the investigator
to reject evidence or ignore the inferences or conclusion which follows from the evidence. The
criminal may possess poor judgment or little intelligence or may have acted deliberately, to
mislead the investigator.
The investigator will often reach an erroneous conclusion if he tries to put himself in the
position of the criminal and assumes that the perpetrator acted as himself would act. In
reconstructing the crime the question is not “How would the investigator have acted if he were the
criminal? But “How would the perpetration acted?”

In reconstructing a crime, the investigator should not assume anything as fact which is not
supported by the evidence or which cannot be sustained. On the other hand, it should not be
certified that a fact does not exist unless there is proof in its absence.
DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

The goal in the reconstruction is not to ascertain what probably happened but to ascertain
what actually did happen.

Investigation will not be limited to the production of evidence but to reproduce reliable
information or which the base consequent action.

Investigation will be directed specifically to the point at issue, although matters relevant to
other acts of counter intelligence interest may be developed collaterally.
Complaint investigation will be limited only to those cases where reliable information exists
which compel a suspicion of treason, sedition, espionage sabotage, and other violation of the
RPC.

Two Approaches in Reconstructing the Crime:

1.) Deductive approach: This approach entails immediate assumption of a theory followed
by collection of facts or information to prove or disprove the initial theory.
2.) Inductive approach: This approach requires the process of collecting information first.
Analysis and evaluation of collected information will follow before a theory is developed.
This is done by collecting information then carefully analyzing and evaluating them to
develop a theory of the crime. This is the form of reasoning by drawing conclusions from
particular facts.

5. CONCLUDING INVESTIGATION
Serves as the stage of evaluation of collected evidence for presentation at the court. It
starts a short period before the preparation for prosecution of the criminal case. It will end if the
case is finally concluded, suspended, or dismissed by the court.

Criminal investigators have inherent responsibility to assist the prosecutor in preparing for
the trial. As part of preparation for prosecution, the investigator must perform the following:
Prepare the records for the case and furnish copies for the prosecutor and the court.
Review the suspect’s arrest to ascertain the legality of arrest.
Review suspect’s statement (admission or confession) as to their validity and
admissibility.
Review the manner in which evidence are secured or obtained.
Review the compiled field notes, criminal investigative reports, and other
documentations that may be used during the trial.

ACTIVITY # 3. Expound this!


Instruction: Answer the following questions. Encode your answer on a short bond paper.
Format: Justify, font style: Arial, font size: 12, single spacing (normal)

1. What would happen if one or two of the stages of criminal investigation are not
successful?
DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

ACTIVITY # 4. Assessment Task!


Instruction: Answer the following questions. Encode your answer on a short bond paper.
Format: Justify, font style: Arial, font size: 12, single spacing (normal)

1. How police officers conduct apprehension process? Justify/ discuss your answer.
2. How the preliminary investigation works? When it will be conducted? Explain your answer.
3. Is investigator still needs to conduct follow-up investigation upon finishing the conduct or
preliminary investigation? Yes or no and why? or justify your answer.
4. What is the importance of concluding investigation in the conduct of criminal investigation?
Explain your answer.

HOLLISTIC RUBRIC FOR SHORT ESSAY

This will be my basis in giving scores in your assessment tasks and other activities in a
form of essay.
20 points • Demonstrates a thorough understanding of the concepts and/or
response is procedures embodied in the task.
complete and • Indicates that the student has completed the task correctly, using
correct. applied concepts and procedures.
• Contains clear, complete explanations and/or adequate work when
required.
• Applied appropriate words and good in grammar and no misspelled
words.
15 points • Demonstrates partial understanding of the concepts/and or
response is procedures embodied in the task.
partially • Addresses most aspects of the task, using applied concepts and
correct. procedures.
• May contain an incorrect answer but applies appropriate process with
valid reasoning and/or explanation.
• May contain a correct answer but provides incomplete procedures,
reasoning, and/or explanation.
• May reflect some misunderstanding of the underlying concepts
and/or procedures.
6 points • Demonstrates only a limited understanding of the concepts/and or
response is procedures embodied in the task.
incomplete and • May address some elements of the task correctly but reaches an
exhibits many inadequate solution and/or provides reasoning that is faulty or
flaws but is not incomplete
completely
incorrect.
DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur

• Exhibits multiple flaws related to a misunderstanding of important


aspects of the task, misuse of the concept or procedures, or faulty
reasoning
• Reflects a lack of essential understanding of the underlying concepts
and procedure
• May contain a correct answer but required work is not provided
0 point • Point response is completely incorrect, irrelevant or incoherent, or a
response is correct response that was arrived at using an obviously incorrect
completely procedure.
incorrect or no
answer at all

DEBBIE ANN M. LEONCION, RCrim RANULFO T. BAYAG-O, PHD CJ


Instructor Dean, College of Criminology

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