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CHAPTER I Introduction To Special Crime Investigation - PDF Version 1
CHAPTER I Introduction To Special Crime Investigation - PDF Version 1
OBJECTIVES
Criminal Investigation
An applied science that involves the study of facts, used to identify, locate and
prove the guilt of a criminal. A complete criminal investigation can include
searching, interviews, interrogations, evidence collection and preservation and
various methods of investigation. Modern-day criminal investigations commonly
employ many modern scientific techniques known collectively as forensic science
(http://en.wikipedia.org/wiki/Criminal_investigation).
1. Homicide 8. Bombing
2. Murder 9. Arson
3. Abortion 10. Criminal Negligence, Hit and
4. Rape Run cases
5. Robbery 11. Drug Cases
6. Carnapping 12. Swindling
7. Kidnapping
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INTRODUCTION TO SPECIAL CRIME INVESTIGATION
1. Initial Investigation
2. Case Screening
It is a process to determine whether a case will be close, as unsolvable or
to recommend further investigation.
3. Continuing Investigation
4. Police Prosecutor Relations
5. Investigative Monitoring System
a. Preliminary Investigation
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c. Concluding Investigation
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Admission
Admission refers to the statement made by the suspect during the
investigation or a proceeding that does not directly involve the direct
acknowledgement of criminal guilt (Sec 26, Rule 130, REVISED RULES ON
EVIDENCE).
Arrest
Arrest is the legal taking of a person into custody in order that he may bound
to answer for the commission of an offense. (Sec 1, Rule113, Revised Rules of
Criminal Procedure)
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Cold case
A cold case is a crime or an accident that has not yet been fully solved and is not
the subject of a recent criminal investigation, but for which new information
could emerge from new witness testimony, re-examined archives, retained
material evidence, as well as fresh activities of the suspect. New technical
methods developed after the case can be used on the surviving evidence to re-
analyze the causes, often with conclusive results.
A cold case as any case whose probative investigative leads have been
exhausted. In essence, this means a case that is only a few months old may be
defined as being "cold (National Institute of Justice, as cited in
http://www.nij.gov/journals/260/pages/what-is-cold-case.aspx).
Complaint
Complaint is a sworn written statement charging a person with an offense,
subscribed by the offended party, any peace officer, or other public officer
charged with the enforcement of the law violated.
Crime:
Crime is an act committed or omitted in violation of public laws forbidding or
commanding it.
Felony: Act or omission in violation of the Revised Penal Code.
Offense: Act or omission punishable by existing special penal laws.
Misdemeanor: Act or omission in violation of the city or municipal
ordinance. A light felony or light offense that is punishable by small fine
or a short period of imprisonment in jail.
Mala prohibita: (the singular is malum prohibitum) is a term applied to
any action is criminalized strictly by statute and statutory law. The phrase
is Latin, and translates as wrong because it is prohibited.
Mala in se: the Latin term for "wrong in itself," which literally means,
that the act is inherently evil or bad or per se wrongful.
Criminal
In its criminological sense
Criminal refers to any rational individual who commits an
antisocial act that is detrimental to the society.
In its Strict Legal Sense
Criminal refers to a person who committed an act punishable by
existing criminal law and was tried and convicted of final
judgment by a competent court.
In its Legal Definition
Criminal refers to any person finally convicted by a competent
court in violation of criminal law.
Criminal information
Criminal information is an accusation in writing charging a person with an
offense, subscribed by the prosecutor and filed with the court.
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First Responder
Typically, first responder is the patrol officer who responds to the initial
complaint. His or her duty is to secure the scene and not to touch anything.
The officer begins the initial stages of documentation, securing and
preservation of physical evidence (Dutelle, A. W., 2014).
Criminalists/Forensic Scientist
Criminalist or Forensic Scientist is responsible for analysis of submitted items
of evidence. A criminalist uses the latest in scientific instrumentation and
knowledge to assist with interpreting the value of the evidence submitted.
Usually, he or she will have a four-year degree in chemistry, biology, or other
applied science. It is not duty of criminalist to determine guilt or innocence or
to otherwise investigate the crime. His or her only obligation is the proper
interpretation of submitted evidence, and providing a report on such matters
to the detective for final determination on the investigative value of the
evidence (Dutelle, A. W., 2014,p. 8).
Criminal Law
Criminal law is a branch of municipal or substantive law that defines crimes,
establishes punishments, and regulates the investigation and prosecution of
people accused of committing crimes.
Crime Detection
Crime detection is a part of police operation focused on discovering, identifying
and analyzing evidence that crime has been committed, is being committed, or
about to be committed.
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Criminalistics
Criminalistics is the application of natural sciences and their technology to
examine physical evidence that can be used to establish that a crime has been
committed and who is/are responsible.
It involves the study of criminal things, or those physical objects that may explain
or give proof to the commission of crime.
It can also be defined, as a profession and scientific discipline directed towards
the recognition, identification, individualization, and evaluation of physical
evidence by application of the natural sciences on matters of law and science.
Criminal Jurisprudence
Criminal jurisprudence refers to the science of laws or the application of laws,
particularly criminal law, to detect and investigate crimes for the purpose of
promoting justice.
Circumstantial Evidence
Circumstantial evidence are facts or events that tends to incriminate a person in
a crime, e.g., being seen running from a crime scene.
Complainant
Complainant refers to a person requesting an investigation or that action is
taken. Complainant is often the victim of a crime.
Confession
Confession is the declaration of an accused acknowledging his guilt of the offense
charged, or of any offense necessarily included therein, may be given in evidence
against him (Rule 130, sec 33, Revised Rules on Evidence).
Coroner
Coroner refers to a public officer whose principal duty is to find and inquire
the cause of death (Random House Kernerman Webster's College Dictionary,
2010).
Corpus delicti
Corpus delicti is a Latin term which pertains to the body of the crime. The
foundation or material substance of a crime. The phrase corpus delicti might be
used to mean the physical object upon which the crime was committed, such as a
dead body or the charred remains of a house, or it might signify the act itself,
that is, the murder or Arson.The corpus delicti is also used to describe the
evidence that proves that a crime has been committed (West's Encyclopedia of
American Law, edition 2. Copyright 2008)
Corpus delicti is refers to the body of the offense; the essence of the crime. It is a
general rule not to convict unless the corpus delicti can be established, that is,
until the dead body has been found. Best on Pres. Sec. 201; 1 Stark. Ev. 575, See
6 C. & P. 176; 2 Hale, P. C. 290.
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Custodial investigation
Custodial investigation involves any questioning initiated by law enforcement
officers after a person has been taken into custody or otherwise deprived of his
freedom of action in any significant way. It is only after the investigation ceases
to be a general inquiry into an unsolved crime and begins to focus on a particular
suspect, the suspect is taken into custody, and the police carry out a process of
interrogations that lends itself to eliciting incriminating statements that the rule
begins to operate (People vs. Marra, 236 SCRA 565).
As provided for in Sec. 2, R.A. 7438, it includes the practice of issuing an
"invitation" to a person who is investigated in connection with an offense he is
suspected to have committed. This shall be without prejudice to the liability of
the "inviting" officer for any violation of law.
Deposition
Deposition is a written record of evidence given orally and transcribed in writing
in the form of questions by the investigator and answer of the deponent and
signed by the latter (Catalino, M.G. et al, 2011).
Doctrine
Doctrine refers to a codification of beliefs or a body of teachings or instructions,
taught principles or positions, as the body of teachings in a branch of knowledge
or belief system ((Random House Kernerman Webster's College Dictionary,
2010).
Evidence
Evidence is something that gives a sign or proof of the existence or truth, or that
helps somebody to come to a particular conclusion.
Evidence is the means sanctioned by law of ascertaining in a judicial proceeding
the truth respecting a matter of fact. (Sec.1, Rule 128, Revised Rule of Criminal
procedure).
Facial Composite
Facial composite is a graphical representation of an eyewitness memory of a
face, as recorded by a composite artist. Facial composites are used mainly by
police in their investigation of (usually serious) crimes (Frowd, C. D.; et al, 2010).
Fence
Fence refers to a person who receives and disposes of stolen property on a
regular basis.
Fact
Fact is something that can be shown to be true; to exist, or to have happened.
It is an action, an event, a circumstance or an actual thing done.
It can be explained further by distinguishing it from inference and opinion.
Inference
Inference is a process of reasoning by which a fact maybe
deduced. It is a conclusion drawn from evidence or reasoning.
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Opinion
It is a personal belief.
Factum Probans - The evidentiary fact or the fact by which the factum
probandum is to be established.
Materials which establish the proposition.
Factum Probandum – ultimate fact or the fact sought to be established
Field Identification
Field identification is also known as on-the-scene identification of a suspect by
the victim of a crime or witness to a crime, conducted within minutes of the
commission of a crime.
Field Inquiry
Field Inquiry is the unplanned questioning of a person who has aroused a police
officer’s suspicions. It is not arrest but it could lead to one . Field inquiries also
referred to as field contacts, and a card on which the information is recorded is
called field contact card.
Prejudice
Prejudice is an opinion or leaning adverse to anything without just grounds or
before obtaining sufficient knowledge.
Ordinary witness
Ordinary witness refers to any person who perceived the commission of the
crime and testified before the court.
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Probable Cause
Evidence that warrants a person of reasonable caution in the belief that a crime
has been committed.
Rapport
Rapport is a felling of ease and harmony in a contact or relationship between
people.
Reasonable Doubt
The level of certainty which a juror must have to find a defendant guilty of a
crime. A real doubt, based upon reason and common sense after careful and
impartial consideration of all the evidence, or lack of evidence, in a case.
Search warrant
Search warrant is an order in writing issued in the name of the people of the
Philippines, signed by a judge and directed to a peace officer, commanding him
to search for personal property described therein and to bring it before the
court. (Sec. 1, Rule 126 of the RPC)
Seizure
Seizure refers to the confiscation of property by an officer with legal authority to
do so. In criminal investigation, it is the logical consequence of search.
Statement
Statement refers to a legal narrative description of events related to a crime.
Suspect
Suspect refers to a person considered to be directly or indirectly connected with
a crime, either by overt act or by planning and/or directing it.
Warrant of arrest
Warrant of arrest is an order in writing issued in the name of the people of the
Philippines, signed by a judge and directed to a peace officer, commanding him
to take a person into custody in order that he may bound to answer for the
commission of an offense. (Sec. 1, Rule 126 of the RPC)
Witness
Witness refers to a person who saw a crime or some part of it being committed
or who has relevant information.
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Patterns
A pattern is a series of similarities that may link particular cases or indicate that
the same person is committing a series of crimes. Pattern could include time and
day, day of the week, description of the suspect, MO, type of weapon being used,
type of victim, location and other variables (Dempsey, 2007, p.36).
Leads
Tips
Tips specifically refer to leads provided by the citizens that aid in the progress of
an investigation.
Generally, tips involve the identity of the suspect.
Theories
Theories pertains to beliefs regarding the based on the evidence, patterns, leads,
tips and other information developed and uncover in the case.
These are important because they direct the investigation. Detectives have to be
very careful in building theories about a case, because if the theory is wrong, it
may lead them in the wrong direction (Dempsey, 2007, p.37).
1. Perseverance
It refers to the steadfastness, persistence and resolution to bring the
desired conclusion in spite of obstacles connected with criminal
investigation.
2. Endurance
This is the ability of the investigator to last physically and mentally
hence; he must have the extraordinary physical and mental energy,
enduring sleepless nights and tiresome days.
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5. Acting Activity
It refers to the ability of the investigator in stooping down to the level of
a minor, the prostitute or the slum dwellers, professionals or other
members of the elite during the investigation process.
9. Knowledge on Laws
The investigator should have basic knowledge on legal matters
concerning investigation.
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Information Play a vital role in solving criminal cases and giving justice to whom it
Interview is due. They are employed by public and/ or private prosecutors, or
Interrogation directly used by the court, to search evidences that can be used to
Instrumentation answer legal and non-legal questions that may arise during court trial.
was the crime did the crime occur? Committed the crime?
committed? was the evidence Had a motive to
Was the crime located? commit the crime?
reported? are all witnesses now? Was the victim?
Was evidence were all the witnesses? Saw what happened?
discovered? do the witnesses live? Reported the crime?
Did the first responder is the suspect? Might know something
arrived? was entry made? Were the first people
Was the scene was exit made? on the scene?
secured?
Was the scene
released?
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While performing his duties, the investigator should be able to ascertain 6 points
in his investigation. This can be done by using 6 recurring questions, otherwise
known as 6 cardinal questions:
When was it committed? – Exact date and time.
Where was the offense committed? – Location of the crime scene.
Who committed it? – Identity of suspect/s.
What specific crime was committed? – The name and designation of the
crime.
How was the offense committed? – Modus operandi.
Why was it committed? – Motive and intent.
1. Photographs;
2. Sketching crime scene;
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A. Note taking
Serves as personal record of the search for evidence
It should be detailed that will remain fully meaningful even months after the
event.
It should begin with the crime scene specialist’s name and assignment to the
case.
It should be supplemented by sketches and photographs of the scene.
It should be recorded in the order that the observations they pertain to are
made, and will not necessarily be in logical order.
It should be complete
Essential items of information to be included during note taking
a. Dates, Times, and Location
b. Detailed Description of the Victim and his/her Clothing.
c. Wounds the Victim Sustained
d. A general Description of the Crime Scene
e. The type of Camera and Film Used in Photographing the Crime Scene.
f. Discovery of Each Significant Item of Evidence.
g. The failure to Locate Items
NOTE: Notes are valuable not only as an aid to an accurate recall of events to be testified
to in court, but also to furnish the raw material needed in the written formal report of
the case. A different notebook should be used for each separate case and the notebooks
should be kept permanently in a safe place.
B. Sketching
Refers to the process of recording of information with respect to its location,
position, measurement, orientation and details of findings in a sketch pad
through symbols, arts and figures.
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the investigation report, and presenting the case in court. The CS sketch
establishes permanent record of items, conditions, and distance/size
relationships. Sketches supplement photographs
It is the graphic representation of the scene of the crime with complete
measurements of the relative distances items or objects. Sketch includes scales,
with important dimensions at the scene being shown to a good degree of
accuracy.
1. Rough Sketch
It is the sketch made by the investigator at the crime scene which is full
of important details but without the scale of proportion. This is used as
the basis for the finished sketch.
2. Finished sketch
It is the sketch with a scale of proportion and drawn by a draftsman
which can be used for court presentation. Rough and finished sketches if
requested by the court shall be presented by the draftsman to clear
doubts of the jury.
Legally speaking, for a sketch or diagram to be admissible in court, it must have
been the following descriptions:
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