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Criminal investigators are those authorized by law to conduct close analysis on

criminal cases. They are tasked to find answers to all questions concerning a crime.  To
do this, they must maximize using the tools in investigation. 
Criminal investigators play a vital role in solving criminal cases and giving justice to
whom it is due. They are employed by public and/or private prosecutors, or directly used
by the court, to search evidences that can be used to answer legal and non-legal
questions that may arise during court trial.
While performing investigative activities, criminal investigators must establish the
answers to the six cardinal questions.
Criminal investigators have the following duties:

1. Establish that a crime was in fact committed under the law


2. Identify and apprehend suspected offenders
3. Recover stolen property
4. Assist the state in prosecuting the party charged with a crime

Thus, the role of the criminal investigator is to search the truth – whether or not a law
was violated then determine the specific crime committed.  Consequently, after
determining what specific crime was committed, he must discover how, when, where,
and why was the crime committed.
To be a competent criminal investigator according to the National Institute of Justice,
you must possess the following most desired characteristics:

1. Positively motivated (inspired)


2. Intuitive
3. Psychologically and emotionally stable
4. Judicious or discreet
5. Street-smart
6. Team-player (has a good sense of teamwork)
7. Persistent
8. Intelligent
9. Dedicated to his profession
10. A person with integrity (objective in performing his tasks)
11. Reliable

Motivation was identified by the NIJ as the first primary trait of a competent investigator.
The reason is obvious.  To successfully perform a task, you must have interest in doing
it.
If motivation is a managerial function, what is required from a criminal investigator that
is implied by this function?
In another point-of-view, motivation refers to the driving factor.
What is the primary motivating factor of a competent investigator?
What is the best motivating factor for criminal investigators that enables them to satisfy
their raison d’être?
According to Sir Robert Peel, it is better to let ten guilty persons escape than let one
innocent person be falsely accused. A criminal investigator who is not objective or who
lacks integrity can be responsible for a guilty person’s acquittal.  He is also responsible
for an innocent person’s imprisonment, fine, or possibly even death, or the ruination of
an organization’s reputation. It is important to emphasize to police investigators that
they are going to lose cases if there is a perception that they are bending the truth.
Without undermining the desirability and necessity of these 11 traits, an investigator
also must have retentive memory, patience, and keen observation. In other words, a
criminal investigator should be imaginative, creative, patient, and persistent.
Due to the complexity of criminal investigation today, an investigator must be able to
think logically, understand and sort-out volumes of data and facts. He must be capable
also of communicating and maintaining a positive relationship with fellow investigators
and other people involved in police work.  He must have self-discipline, knowledge of
the law and scientific techniques, and inductive (as well as deductive) reasoning.
(Bennett & Hess, 2004)
From these suggested characteristics, you already understand that a detective is not a
mediocre person. According to Bennett & Hess, a person must possess specific
intellectual, psychological and physical characteristics to qualify him as a competent
criminal investigator.
 
INTELLECTUAL CHARACTERISTICS

1. A criminal investigator must be capable of absorbing and retaining information


whether it concerns basic, technical or legal subject.
2. He must be able to apply technical and legal theories in his daily work.
3. He must be capable of practicing objectivity, logic and common sense in decision-
making. This is more desirable than exceptional intelligence.
4. He must be versatile enough to adopt with any situation. During training and while
already in the field, he must develop knowledge and skill in investigative techniques.
5. He must never stop learning or tell himself that he has learned enough knowledge in
his profession. He must continue enhancing his knowledge through academic
activities, field training, personal experience, and street-learning (on-the-job
experience).

 
PSYCHOLOGICAL CHARACTERISTICS
A criminal investigator must be:
1. emotionally well-balanced self-disciplined
2. detached persevering
3. inquisitive
4. reasonably suspicious (but not paranoid)
5. discerning or perceptive (capable of using intuition)

Take note that perseverance, together with inquisitiveness and intuition, are very useful
in investigating ‘clueless case.’ Some investigators are not convinced on the importance
of intuition. However, most experienced investigators certify their value in discovering
the key to solve crimes.
What is intuition and its relevance to the current topic?
 
PHYSICAL CHARACTERISTICS
A criminal investigator must be physically fit and have good vision and hearing.
Because of long and demanding hours spent in performing investigative duties, an
investigator with good health and high energy level has an advantage over those who
are not.
He must have a working knowledge on martial arts and firearms proficiency. He must
have the physical capability of applying this knowledge in combat situations.  He must
be fit enough to apply defense tactics in confronting, disabling and arresting suspects.

1.3 - Modes and phases of criminal


investigation
An investigation concerning a criminal incident may commence in 3 different ways –
reactive, proactive and preventive.

 REACTIVE INVESTIGATION is the form of investigation initiated by a complaint


filed by a victim or any concerned citizen.
 PROACTIVE INVESTIGATION is conducted by the police based on their own
initiative. This type of investigation is designed to catch a criminal in the act of
committing a crime rather than waiting until a crime is reported by a concerned
citizen. 
 PREVENTIVE MODE: Criminal incidents, those that already happened and those
that may happen, are analyzed to determine their causes.  Whatever knowledge
learned from these incidents should be used for deterrence purposes (or crime
prevention reasons).
Whatever form or mode of investigation is performed, there are tools needed to
accomplish the objectives in criminal investigation?
What are the indispensable tools of criminal investigators?
While doing investigative activities, especially when preparing reports, detectives must
answer the six cardinal questions.
What are the 6 cardinal points in criminal investigation?
Thus, the role of the criminal investigator is to search the truth – whether or not a law
was violated then determine the specific crime committed.  Consequently, after
determining what specific crime was committed, he must discover how, when, where,
and why was the crime committed.
The 5Ws & 1H establish information.  They are useful in establishing the patterns,
leads, tips, and theories concerning a crime under investigation.
The so-called ‘tools’ are not the only things which a detective needs to become
competent in his profession.  The trichotomy of criminal investigation requires that a
person must undergo proper training and acquire the right techniques of investigation. 
Moreover, the best tool in fighting crimes is not a physical weapon or a piece of
information but a competent investigator – one who has the right personality with regard
to criminal justice administration.
Many books describe that stages of investigating crimes in various ways. However, for
purposes of common understanding regarding this matter, this course adopts the
following terminology:
Phase 1:  Initial stage – aka preliminary phase
Phase 2:  Follow-up stage – aka continuing or in-depth investigation
Phase 3:  Concluding stage – aka final phase of investigation
 

Phase 1: PRELIMINARY STAGE


Actions to be completed:

1. Establish that a crime was committed and what specific crime took place.
2. Arrest suspects/perpetrators if identified immediately or found at the crime scene
(CS).
3. Protect the crime scene and the evidences found therein.
4. Call for back-up and request for flash report related to the incident under
investigation.
5. Identify/locate victims and witnesses then conduct brief interview to establish what
happened.
6. Secure/gather info about identity of suspect/s, get-away vehicle/s if any, and
direction of flight.
7. Conduct CSI.
8. Accomplish the initial investigation report and its attachments.

Phase 2:  FOLLOW-UP STAGE


Actions to be completed:

1. Follow-up investigative leads


2. Conduct extensive interview
3. Conduct custodial investigation or interrogation
4. Reconstruct the crime
5. Search and collect additional or corroborative evidences
6. Preserve the legal integrity of evidences while maintaining chain of custody
7. Conduct surveillance if necessary
8. Analyze/evaluate the legal significance of collected information and evidences
9. Accomplish follow-up investigation reports

Phase 3: CONCLUDING STAGE


Actions that must be taken by the investigator:

1. Review the suspect’s arrest to ascertain its legality


2. Evaluate the suspect’s statement to determine its validity and admissibility
3. Check/review the manner in which evidences were obtained or developed
4. Test their admissibility if presented to the court
5. Furnish or compile all necessary records, reports, and documents of the case
6. Prepare court exhibits
7. Accomplish the final investigation report
8. Present collected evidences to the prosecutor including investigation reports
9. Assist in the presentation and prosecution of criminal in the trial court

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