You are on page 1of 11

1 SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE ( SLIDES 130 – 202)

Homicide Investigation jealousy, revenge, envy and hatred


can provoke a
Homicide - is the unlawful killing of another
person to commit homicide or
person without the
premeditated murder
attending circumstances of neither murder,  Self Protection
parricide or a. Interrupted Crimes
b. Eliminating Eyewitnesses
infanticide c. Slaying a potential informants
Homicide is generic term which include the  Removal of Inconvenience and
crime of murder, Impediment - Example of an

homicide, parricide and infanticide obstacle to be removed a blackmailer, an


unwanted child, a

feeble/weak parent blocking the takeover of a


Elements of the crime of homicide family business
 That the person was killed  Motiveless Crime - distinct kinds of
 That the accused killed him without homicide that appears
any justifying
circumstances motiveless or senseless
 That the accused had the intent to kill a. stranger killing stranger
 That the killing was not attended by b. mistaken identity
any qualifying c.
circumstances of murder, or by that of
parricide or Terms encountered in homicide.
infanticide
Homicide - The killing of one human
being by another.
Sororicide - The act of one who kills
Golden Rule of Homicide Investigation his or her own sister.
- Never touch, change or alter anything until Fratricide - The act of one who
identified, measured and photographed. murders or kills his own brother.
Matricide - Murder of mother by her
own child.
Motives of the Crime Homicide Patricide - The act of one who kills his
own father.
Parricide - The act on one who
murders a person to whom he is
 Financial Gain - killers were prompted
related such as his parent, spouse, or
by expectation of
child. This is a generic term.
financial gain include the beneficiary
Infanticide - The killing of an infant
of a will or
less than 3 days old.
insurance policy of a spouse or
Suicide - Taking one’s own life
relative
voluntarily and intentionally.
 Sexual Gratification sex as a motive of
Uxoricide - Act of one who murder his
homicide is lust
wife.
 Sex Connected Homicide
Regicide - The killing of murder of a
 Emotional Factor - strong emotions
king.
such as anger,
Vaticide - The murder of a prophet.

SHAI G. 1
2 SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE ( SLIDES 130 – 202)

Euthanasia - Mercy killing or the act and manner by which the mortal
or practice of painlessly putting to injuries were inflicted.
death persons suffering from  The victim must be rational and
incurable and distressing disease. competent
 The victim must die from the injuries
recoiled.
Time of Death Estimates in Homicide
Investigation
Responsibilities of a Homicide Investigator
a) Algor mortis ( body cooling)
1. Homicide investigator when called
b) Rigor mortis (stiffening of muscle tissue)
upon to investigate a violent death,
c) Livor mortis ( lividity of the blood) stand on the dead man’s shoes, to
produce his instincts against those
suspects Consequently, the zeal,
Determining Motive (Profiling) enthusiasm and intelligence the
investigator brings in the case marks
the difference between a murderer
 Crime Scene - an experienced being convicted or set free.
homicide investigator may be able to
form a “crime picture” of the 2. If the investigator interprets an
offender, based on his familiarity with accidental death as due to natural
similar crimes. death and wisdom or the family may
 People - the most productive source be deprived of benefits and other
for determining motive is people: properties which the deceased have
family, friends, business associates sacrificed to obtain.
and others who had more than a
passing acquaintance with the
deceased. 3. If he interprets a criminal death as
 Records - this also help in suggesting accidental or natural, a guilty person
motive. Financial gain may be is otherwise set scot free.
indicated if a large insurance policy
was issued. Note: Remember that the police is the first
line of defense in the effective application of
criminal justice.
Dying Declaration - Known as ante mortem
statement is hearsay evidence.

Dying Declaration can be admissible if it The Primary Job of the Investigator


fulfill these conditions: 1. To discover whether an offense has been
 The victim must believe he / she is committed under the law.
about to die. 2. To discover how it was committed.
 The victim must have no hope of
recovery. 3. Who committed it and by whom it was
 The victims declaration must identify committed.
the person responsible for his/her 4. When it was committed.
condition and state the circumstances

SHAI G. 2
3 SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE ( SLIDES 130 – 202)

5. And under certain circumstances why it was 3. In general, it maybe stated that death has
committed. been caused by violence, an autopsy is always
performed unless there is adequate proof to
the contrary.
Mistakes in Homicide Investigation

1. The mistakes of the homicide


The value of the Investigator in attending
investigator can not be corrected
autopsies
2. The homicide investigator should not
cross the three bridges, which he During the conduct of autopsy, an investigator
burns behind him. It is important that can observe first hand and ask questions
competent personnel adequately pertinent to the case under investigation. The
handle the case. medico legal officer can explain the autopsy
findings as they progress. As the results of the
autopsy are received by the investigator such
The following are the three bridges: information, if pertinent and requiring
expeditious investigative attention, can be
1. The dead person has been moved passed along to the other investigators for
> It is therefore necessary that photographs immediate handling. When the investigator
be taken, measurements made, fingerprints has a suspected weapon, comparison of the
taken and other necessary tasks to be first weapon with the wound can be made. The
carried out. officer present at the autopsy can be the
liaison with the investigation team working on
2. The second bridge is burned when the body the case and see that all evidence is obtained
is embalmed during the examination.
> Embalming destroys traces of alcohol and
several kinds of poison. If poisoning is
suspected, the internal organs should be The Role of the Medico-Legal officer in
removed Homicide Investigation
3. The third bridge is burned when the body is The determination of criminal responsibility in
burned or cremated death has been developed into a specialized
> The exhume body is difficult and expensive field of medical science called forensic
The lapse of time makes the examination pathology.
doubtly difficult and a conclusion is hard to
arrive at. Cremation destroys body itself.
A pathologist can assist in homicide
investigation by:
The Medico - Legal Autopsy 1. Documentation of all wounds, bruises,
1. The real beginning of any homicide scratches, scars or other marks at the
investigation should be to establish the cause time of the autopsy
of death accurately. 2. Interpretation of findings based on
medical facts
2. An autopsy should be performed at once
when there is the slightest reason to suspect Necropsy Report - It is a document stating the
the probability of homicide. cause of death of the victim. This is the
medico legal report.

SHAI G. 3
4 SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE ( SLIDES 130 – 202)

The Facts of Death The Importance of Establishing the

1. The first action of an investigator upon Identification of Homicide Victims


arriving at the crime scene of the homicide is
The identification of the victim is an important
the verification of death.
investigative step for the following reasons:
2. An individual is said to be dead in the
1. It provides an important basis for the
medical sense when one of the three vital
investigation processes since it may
function is no longer performing within the
lead the investigator directly to other
body:
important information leading to the
a. Respiratory system solution of the crime.
2. The identity of the dead person
b. Cardiac Activity
provides the focal point/starting point
c. Central nervous system activity for the Investigators can then center
their attention on associates and
3. In the legal sense, death is considered to haunts of the deceased
occur when all of the three above vital 3. The identity of the deceased may
functions have ceased. arouse suspicion in mysterious death
since the victim maybe a person
whose life had been threatened or
Presumptive signs and Test of Death whose death was desired for criminal
1. The following are few of the signs indicative purposes.
of death: 4. The identification of the deceased can
be traced or related to wanted
a. Cessation of breathing and respiratory persons or missing one.
movement

b. Cessation of heart sounds


Methods of Identification
c. Loss of placing of nail beds when pressure is
applied in the fingernails is released. 1. DNA Analysis
2. Fingerprints - Fingerprint
identification is the most positive and
quickest method of ascertaining
Suspended Animation
identity. However the prints of the
1. Cardiac activity, breathing and functioning deceased may not be on file or may
of the nervous system may reach such a low not be obtainable because of trauma,
level activity that a homicide investigator mutilation, incineration or
maybe deceived into an assumption of death. decomposition. The sole clue maybe
bone, a skull or a few teeth.
2. The following conditions produced
3. Skeletal Studies - Examination of the
simulated appearance of death:
skeleton may provide a basis for
a. Electric shock identification because of individual
peculiarities such as old fractures and
b. Prolonged emersion presence of metal pins. Bones may
c. Poisoning from narcotic drugs also provide information about age,
sex, and race.
d. Barbiturate poisoning 4. Visual Inspection - Someone knowing
e. Certain mental diseases the deceased person may recognize

SHAI G. 4
5 SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE ( SLIDES 130 – 202)

the victim. However, trauma, Investigative Leads


incineration, or decomposition may
The problem of who did it is a simple on when
render the features unrecognizable. In
the offender is caught in the act or
addition, a visual inspection without
apprehended in flight from the scene the
further verification has the advantage
scene shortly after the crime. When the
of possible subjective error or
perpetrator is not promptly arrested, the
deliberate false identification. Visual
direction of the investigation varies according
inspection combined with fingerprint
to whether the case falls into one of the two
evidence is a favored method for
categories known identities or unknown
rapid identification.
identity. Whenever investigators encounter
5. Personal Effects - Identification of a
cases of the later, investigative leads now are
victim by personal effects such as
necessary to attain the objective of criminal
Jewelry, I D card, wallets, belts, shoes
investigation.
etc.
6. Tattoo and Scars - Identification scars,
moles, tattoos, pockmarks or other
markings may be helpful in
identification, particularly in Establishment of Motive to the killing
conjunction with other
findings. This will furnish a good clue in the solution of
7. Dental Evidences (Forensic the crime. The investigator drawing from his
Odontology) - Identification based on ingenuity, experience and availability of data,
the examination of teeth (teeth must base his investigation on a theory that
charts, fillings, inlays crowns, rationally explains the fatal act. Note maybe
bridgework, dentures etc.) is valuable done on the following:
in as much as the teeth are probably 1. Victims Background - very promising
the most durable part of the human leads can be developed from the
body. There are probably no two review of the background of the
people alive with dentures that are victim that can provide the
completely identical in all respects. background of the victim which can
Dental evidence is legally recognized give the pursuit defined goals.
and accepted, if properly presented in 2. Modus Operandi - choice of
court. particular crime to commit and the
8. Clothing - Articles of clothing selection of a method of committing a
containing cleaner’s mark, labels, criminal act that forms the signature
initials, size, color texture knitting, of the criminal give a clear lead on
etc., have provided investigators with who might have committed the crime
the leads and even identification in 3. Informants - are a traditional starting
most instances. point in seeking basic leads. In fact
9. Photographs - Identification of informants sometimes offer data
victims has been made by publication about an unreported or undiscovered
in bulletins, circulars, television and crime or one in its planning stage.
other distribution media, artist
sketches, death mark and casts have
likewise aided the police in identifying
unknowns.

SHAI G. 5
6 SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE ( SLIDES 130 – 202)

4. Benefits - the question of who might Parricide


benefit from the crime provides an excellent
Any person who shall kill his father, mother,
focus for making inquiry. The “benefit factor”
or child, whether legitimate or illegitimate, or
can provide investigative.
any of his ascendants or descendants, or his
5. Opportunity spouse, shall be guilty of parricide

6. Knowledge - simply determining who might The elements of parricide are:


have knowledge of the crime to establish
 A person is killed by the accused
further information.
 The person killed is the father, mother
7. Approximate time of death or child (not less than three days old),
whether legitimate or illegitimate or
8. Composite Sketches
the ascendant or descendant or the
9. Photographs of Known criminals spouse of the accused
 The relationship with the other
10. Voice Identification ascendant or descendant (grandfather
11. Polygraph testing or grandson) must be legitimate. The
spouse killed must be legitimate wife
12. Fingernail Scrapings or husband. But the father, mother or
13. Signs of Struggle child may be legitimate or illegitimate.
If the child killed is less than three
14. Field Contact Report days old, the crime is infanticide.
15. Motor Vehicle

Robbery Investigation

Robbery - is taking of personal property


belonging to another, with the intent to gain,
Murder
by means of violence against or intimidation
Any person who, not falling within the of any person, using force upon things.
provision of Article 246 (Parricide) of the RPC
Elements of Robbery:
shall kill another, if committed with any of the
following attendant circumstances:

 That there must be personal property.


 That personal property belonging to
 With treachery,
another.
 In consideration of a price, reward, or
 That the taking must be with intent to
promise
gain.
 By means of inundation, fire, poison,
 That there is violence against or
explosion, shipwreck, stranding of a
intimidation of any person or force
vessel, derailment or assault
upon anything.
 An occasion of any of the calamities
 With evident premeditation
 With cruelty, by (deliberately and
inhumanly augmenting the suffering
of the victim, or outraging or scoffing
at his person or corpse

SHAI G. 6
7 SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE ( SLIDES 130 – 202)

Typologies of Robber Conducting the Investigation

 Professional Robber - characterized Some specific types of physical evidences


as having a long term commitment to should be considered at the scene of the
crime as a source of livelihood robbery:
 Opportunist - a robber that will steal
 footprints may be present
to obtain small amounts of money
 fingerprints may be left in the
when he or she identifies what seems
proximate locations
to be a vulnerable target
 saliva may be present on a discarded
 Drug Addict Robber - robs to support
facial mask
his or her drug habit
 if there was use of force or scuffle,
 Alcoholic Robber - excessive
body secretions, fiber evidence or
consumption of alcohol may cause
other trace materials may be present
some persons to enter into robbery as
on the victim's clothing
a criminal alternative
 when the suspect is apprehended or
has been identified, trace materials
may be present on the suspect's
Categories of Robbery
clothing that will link him or her to the
victim or the scene
 Physical evidence may be available
 Armed Robbery - involves the use of where a weapon was recovered
weapons  fingerprints or trace evidence can be
 Strong Arm Robbery - involves the left on the articles recovered
use of physical force

Anti Piracy and Anti Highway Robbery Law of


Types of Robbery 1974 (Presidential Decree 532)
 Street Robbery - offenses occurring  Piracy - Any attack upon or seizure of
on public streets and thoroughfares any vessel, or taking away of the
or other outdoor localities that are whole or part thereof of its cargo,
not obstructed from public view equipment or the personal belonging
 Residential Robbery - a robbery that of its complement or passengers,
takes place whenever an offender,  Highway Robbery/Brigandage - The
forcefully or by deceit, enters the seizure of any person for ransom,
domicile of a victim while the victim is extortion or other unlawful purposes,
present, for the purpose of taking that or the taking away of the property of
person's possession and valuables another by means of violence against
 Vehicle-related robbery - The or intimidation of persons or force
operator of some commercial type of upon things of other unlawful means
vehicle is victimized committed by any person or any
 Commercial Robbery - robberies Philippine highway
perpetrated against any type of profit  
oriented operation  Aiding Pirates or Highway Robbers/
Brigands or Abetting Piracy or
Highway Robbers/Brigands - Any
person who knowingly and in any
manner aids or protects pirates or

SHAI G. 7
8 SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE ( SLIDES 130 – 202)

highway robbers/brigands, such as orifice, or any instrument or object, into


giving them information about the the genital or anal orifice of another
movement of police or other peace person
officers of the government or acquire
Rape is committed through any of the
or receives property taken by such
following circumstances:
pirates or brigands or indirectly abets
the commission of piracy or highway  Through the use of force, threat
robbery or brigandage, shall be or intimidation.
considered as an accomplice of the  When the offended party is
principal offender deprived of reason or otherwise
unconscious
 By means of fraudulent (fake)
Anti-Cattle Rustling Law of 1974 machination (set up) or grave
abuse of authority.
(Presidential Decree 533)

 Cattle Rustling - Is the taking away by


any means, methods or scheme, Offender Personality Types:
without the consent of the owner of
 Power Reassurance Rapist - a rapist
any of the above animals ( carabao
who psychologically doubts his
horse, mule or other domesticated
masculinity and seeks to dispel this
member of the bovine family)
doubt by exercising power and
whether or not for profit or gain, or
control over women
whether committed with or without
 Power Assertive Rapist - a rapists
violence against or intimidation of any
who asserts his masculinity and
person or force upon things It
dominance over victims
includes the killing of large cattle, or
 Anger Retaliatory Rapist - rapist who
taking its meat or hide without the
uses extreme anger to retaliate or
consent of owner/raiser
take revenge, psychologically, for real
or imagined past wrongs associated
with women
Anti Fencing Law of 1979
 Sadistic Rapist - rapist which displays
(Presidential Decree 1612) the greatest amount of hostility
towards his victim by purposely
 Fencing - is the act of any person inflicting pain beyond that is
who, with intent to gain, for himself necessary to subdue the victim
or for another shall buy, posses, keep,  Opportunistic Rapist - an
acquire, conceal, sell or in any other opportunistic rapist, is generally one
deal on any articles, items, objects or who, in association with the
anything of value which he knows to commission of an initial offense,
have been derived form the proceeds commits rape as a secondary offense
of crime or robbery or theft

Investigative Procedure
Rape and Sex Crimes Investigation

Rape - is also committed by any person


through sexual assault by inserting his  Interview the victim if medical
penis into another person's mouth or anal attention is not necessary
SHAI G. 8
9 SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE ( SLIDES 130 – 202)

Interviewers must be composed  Article 294 - Robbery with


mostly of women violence or intimidation of
 Interview should be handled with persons
maximum tact and professionalism  Article 295 - Robbery with
 Medical Procedure of Victim physical injuries committed in
an uninhabited place and by
band or the use of firearm on
Rape Trauma Syndrome - victims may be a street
outwardly hysterical or appear quite calm and  Article 297 - Attempted and
unaffected of the offense frustrated robbery committed
under certain circumstances
 Article 298 - Execution of
Physical Evidence in Rape Cases: deeds by means of violence or
Intimidation
 Can be located in the crime scene.
 On the victim
 On the suspect or at locations Article 299 - Robbery in an inhabited house or
occupied by the suspects. public building or edifice devoted to worship.
Any armed person who shall commit robbery
in an inhabited house or

public building or edifice devoted to religious


ROBBERY AND THEFT worship - and if:
INVESTIGATION
a. The malefactors shall enter the house
Robbery or building in which the robbery was
The law on robbery in the Philippines committed, by any of the following
can be found on the following articles means:
of the Revised Penal Code: Article 293  Through an opening not intended for
entrance or egress
Who are guilty of robbery?  By breaking any wall, roof or floor or
Any person who, with intent to gain, breaking any door or window
shall take any personal property  By using false key, padlocks or similar
belonging to another, by means of tools
violence or intimidation of any  By using fictitious name or pretending
person, or using force upon anything the exercise of public authority or if-
shall be guilty of robbery.
b. The robbery be committed under any
Elements of Robbery: of the following circumstances:
1. Unlawful taking of personal  By the breaking of doors, wardrobes,
property closets, or any other kind of locked or
2. The property must belong to sealed furniture or receptacle
another  By taking such furniture or objects
3. The taking is done with violence away to be broken or forced open
against an intimidation of any person outside the place of the robbery
of force upon things
Article 302 - Robbery in an uninhabited place
4. The taking is with intent to gain
or in a private building

Note the following:

SHAI G. 9
10 SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE ( SLIDES 130 – 202)

Article 303 - Robbery of cereals, fruits or  taverns (restaurants, bars, cafes)


firewood in uninhabited place or private  delivery services (chicken, pizza, etc.)
building  drive ins
 service stations

The Targets in Robberies


5. Vehicles

 taxis
The selection of a victim and the place of the
 bus
robbery are two basic keys to developing a
 trailer
pattern which will furnish clues to a robbers
 passenger jeepney
identity. Data usually are correlated in the
 victims personal car
following areas:

1. Victim:
6. Vessels:
 alone
 in the company of two or three  inter island (passenger)
 in the company of four or more  cargo
persons  ferry
 tugboats
2. Residence:

 one family
 multi family Style and Tactics in Robbery Cases
 motel - hotel (robbery of guest)
The identification in an armed robbery case
 garage ( or other residence occupancy
often relates to the tactics and style of the
shed or structure)
robbery.
3. Street and highways
Robbery has been categorized as having
 sidewalk three styles:
 roadway
1. The ambush - is the least planned of all and
 alley
is based on the element of surprise.
 publicly accessible area ( parks,
parking lot, entranceway) 2. The selective raid - involves a minimum of
 over and under pass planning but some casing of the robbery
 highways scene.
4. Commercial (non - residence) 3. The planned operation - is carefully
structured and the robbery group examines
 bank
all aspects of the situation, plans for all
 business office or off street retail sales
foreseeable contingencies.
outlet (loan companies, pawnshops,
jewelry store, etc.)
 markets
 liquor stores Crime Partnership in a Robbery Group
 other retail outlets  Crime partners in a robbery group
 motel hotel (robbery of form a loose partnership,
manager/owner) providing the skills for the various

1
SHAI G.
0
11 SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE ( SLIDES 130 – 202)

task necessary to carry out


different types of robberies. They
participate in the planning of
robberies as well as the basic
decision as to whether or not a
certain target can be successfully
robbed.
 Crime partners usually are
associates from spontaneous play
groups in the underworld
Investigators assigned a single
robbery or series of robberies to
investigate should search for “link
up” “connect up” which will
indicate the operations of a
group.

Types of Robbers

1. Amateurs - motivated by greed, want,


the desire for a thrill, or need for self
testing.
2. Professionals - are described as those
persons who worked at robbery as a
trade making it their living and having
no other means of income.

LAST SLIDE (179)

1
SHAI G.
1

You might also like