SPECIALIZED CRIME

INVESTIGATION
WITH LEGAL MEDICINE

Previously, we defined Criminal Investigation as the process of collection of facts in order to accomplish
the three fold aim:
a) To identify the guilty party
b) To locate the guilty party, and
c) To provide evidence to the suspect guilt.
It is the process of reconstruction of an event, which incorporates logical process of deductive
reasoning that leads to a conclusion based on specific facts. Thus, a criminal investigation is the lawful,
objective, logical search for people and things useful in the reconstructing the circumstances surrounding the
commission of a crime. Moreover, the criminal investigation seeks all facts associated with a crime to
determine the truth relating to what happened and who is responsible.

In this module, we are going to talk about the Investigative process of Criminal Investigation and other
related matters.

LESSON TWO: ESSENTIALS OF CRIMINAL INVESTIGATION

Careful gathering of information and the thorough evaluation of this information are the two essential
processes in criminal investigation. These will lead to a full understanding of the connection between the crime,
its victim and perpetrator, and the pieces of evidence.
The investigation process must be thought of in terms of gathering information, instead of gathering
evidence. Information is essential in order to understand the relationship between the crime and the items of
evidence. There are two sources of Information:
(1) PEOPLE
(2) THINGS

1.1. Information from People

Information is derived from people and may not always be admissible in a court of law.
Information consisting of rumors, tips and hearsay can often place an investigator on the right
track to solve a crime, but probably will never appear in the testimony.
2.1. Information from Things
Physical evidence often provides invaluable information to the investigator. However, this
information cannot be used if the investigator does not understand and recognize the strict
rules for collecting, preserving and presenting the evidence once it is discovered. Physical
evidence consists of inanimate objects that cannot lie or flee. For example, hairs, fibers, or
minute specimens of blood may be the one item of physical evidence that helps convict a
criminal in the absence of eyewitness identification. It cannot generally speak for itself thus, it
needs someone to identify it, interpret it, and then present it for final evaluation by a court.
 Courts throughout the world have consistently given the higher relative evidentiary value to the
information obtained from things, as compared to information obtained from persons. The reason for this is
firmly established in the fact that things cannot lie and are not affected by emotions or motive in comparison
with the testimonies obtained from persons which may be subjected to any of these defects.

A verbal testimony must strike a balance with physical evidence before a criminal investigation is
considered complete. A case heavily weighted in one direction or the other exclusively can result in a
questionable outcome. (UNODC, 2006)

II. THE INVESTIGATIVE PROCESS

A typical criminal investigation covers an extensive scope of duties, methods and objectives, In order
to attain a successful resolution to the crime, the investigator must possess and utilize some type of
methodical process. (Gardner) Frequently, an investigator will begin an investigation and will immediately be
face with a myriad of information, much which will seem unrelated at the time.
In order to filter out the important from the unimportant, a scientific process must be employed.
According to Gardner, there are five steps of this process:

1. IDENTIFY AND STATE THE PROBLEM

-Consider the entire PROBLEM
This step of process may seem quite simple but stating the problem is more than saying that
the perpetrator of a crime needs to be identified and arrested. The Criminal Investigator must identify
and take into consideration the entire problem (Gardner)
-Follow Legal Guideline
Identifying, locating and arresting the suspect through the use of illegal means can result in
justice not being served. To this end, the investigator must ensure that every steps taken is within the
established legal guidelines and the suspects’ rights must be preserved. In order for the judicial system
to render justice, the investigation must be conducted STRICLY WITHIN LEGAL GUIDELINES.

2. FORM A HYPOTHESIS
-APPLY REASONING
This will create more problem for the criminal investigator more than any other. In order to form
a hypothesis, an investigator must be able to apply some type of reasoning to formulate an idea about
hoe the crime is committed, a subject’s involvement or some other aspect of the crime. According to
Gardner, the criminal investigator must be careful not to draw too narrow a hypothesis, or one that is
so broad that nothing meaningful can be derived from it. Care must be exercised in order to avoid
allowing one’s personal bias to influence this process.
-EXAMINE MOTIVE, OPPURTUNITY, and MEANS
Examination into Motive, Opportunity, and means will produce one or more explanations that
may help the investigator to draw a hypothesis to whether how, why and who committed the crime is
committed.

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 3. OBSERVE and EXPERIMENT
Once a hypothesis is developed, the investigator has direction to help identify evidence to
support the investigation. These newly developed hypothesis can be tested by observing individuals
and their actions to see if they support the hypothesis according to Gardner. The criminal investigator
must constantly re-evaluates the hypothesis by examining any and all information that is obtained
during the course of the investigation. Each of these examination will help test the strength if the
investigator’s hypothesis.

4. INTERPRET THE DATA

This step is self-explanatory. However, the criminal investigator must be careful to ensure that
his/her personal bias does not unduly influence the data. Interpreting data means that the investigator
must evaluate all the evidence, statements, and personal observations in order to reach a conclusion.
(Gardner).
The criminal investigator must weigh the data- means identifying which information is
significant or relevant to the case at hand. He must also examine each data for possible inconsistency
and discrepancies.
If this step of the process does not yield a strong indication of guilt, the investigator may need
to form another hypothesis and take a different approach in the investigation.

5. DRAW CONCLUSION
The criminal investigator must employ not only deductive reasoning, but more importantly
Inductive reasoning to help reach final conclusions concerning the witnesses, evidence, and
motivations in the case. (Gardner). This conclusion must be supported by as many other facts as have
been uncovered during the investigation, such as victim/witness statements, physical evidence and/or
a confession.

III. EVOLUTION OF THE CRIMINAL COMPLAINT

Once a crime has been committed, the crime may or may not come to the attention of the police. In
order for the police to conduct an investigation, they must be aware that a crime has occurred. A crime may
come to the attention of the police in several ways. The following are the ways a crime can be reported to the
police:

 By a Victim
 By an Eyewitness
 By an Accomplice
 By an Anonymous tip
 By an Informant

Sometimes, in the course of an investigation, the police may end up with evidences that may cause
the discovery of another crime other than the one which is investigated.

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IV. THE PRELIMINARY INVESTIGATION
Once the crime is either discovered or reported, a preliminary investigation is initiated. This
investigation is usually conducted by the police officer in the field who first responds to the call of service, or
discovers a crime in progress. Preliminary Investigations helps to establish that a crime has been committed
and attempts to identify the perpetrator/s. If arrest can’t immediately be made or the investigation involves
an in-depth effort on the part of the first responding officer, the investigation will be passed on to a criminal
investigator that picks up the investigation and attempts to solve the crime.

V. THE “GOLDEN HOUR”

The first 72 hours of a murder or kidnapping investigation is known as the “GOLDEN HOUR” (PNP)-
this is the most crucial time for the investigator to collect vital evidence and information to the crime. In this
time frame, the initial response to a crime scene and the initial investigation such as interview of witness and
profiling is being held.

According to the PNP Criminal Investigation Manual, the following are the phases in gathering all the
facts to ensure a successful investigation:
 PHASE I- IDENTIFY THE SUSPECTS
 PHASE II- LOCATE AND APPREHEND THE SUSPECT
 PHASE III – GATHER AND PROVIDE EVIDENCE TO ESTABLISH THE GUILT OF THE ACCUSED.
According to Galero, in proving the guilt of the accused in court, the fact of the existence of the
crime must be established; the accused must be identified and associated with the crime scene;
competent ad credible witnesses must be available; and the physical evidence must be appropriately
identified and the criminal investigator must know by heart the elements of a specific crime.

VI. THE FOLLOW UP INVESTIGATION

A follow-up investigation is conducted when the preliminary investigation does not result in the
immediate apprehension of a criminal. A follow-up investigation is usually performed by a criminal investigator,
who preferably has the following:
 Sufficient time available to conduct a thorough investigation of the crime
 Detailed experience in the investigating the specific crime, such as robbery, homicide, or sex crime.
 A particular familiarity with the type of crime committed and the specialized equipment or particular
Modus Operandi (MO) used.