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LESSON 2: INVESTIGATION ● It is the process of inquiring, eliciting,

soliciting, and getting vital


information/facts/circumstances in order
Crime
to establish the truth

● Crime is an offense against public law ● It is the collection of facts in order to


accomplish the three-fold-aims to
● Any act that is contrary to a legal code identity the guilty party; locate the
or laws guilty party; and to provide evidence of
his (suspect) guilt.
● Categories of Crime
➢ Felonies - violation of the RPC

➢ Offenses - violation of the SPL Police Investigator, Police Detective & Case
Managers
➢ Misdemeanors - violation of
City or Municipal Ordinances 1. Police Investigator
➢ Direct and supervise the
note: all felonies are crimes but not all crimes Investigation of crimes
are felonies because they could also be a form of and other offenses in
offense or misdemeanors. violation of the laws of
the Philippines.

Elements of Crime
➢ Must be a graduate of
the Criminal
MOM Investigation Course
1. Motive - or desire is the reason why (CIC) for PNCO
there is a crime
➢ Investigation Officer
2. Opportunity - chance Basic Course for PCO

3. Means - instrumentality or capability or 2. Police Detective


ability of an individual - tools ➢ Certified as police
investigator but was
note: no crime will happen if one of the elements able to complete 18
of the crime is missing. units of Master’s degree
and completed the
Criminal Investigation Police Detective Course
(PDC)

● PNP defined it as an inquiry, judicial or 3. Case Manager


otherwise, for the discovery and ➢ Refers to a PCO who
collection of facts concerning the matter was previously certified
or matters involved. as Police Investigator
(PCO Category) but
was able to complete a 11. Technical Knowledge - defense tactics,
Master's Degree, and use of firearms, and the like
completed the
Investigation Officers
Investigative tasks & Investigative Thinking
Management Course and Inductive Reasoning
(IOMAC)

● Investigative Tasks
Characteristics of Competent Criminal ➢ Indenitfying
Investigator ➢ Physical Evidence
➢ Gathering Information
1. Perseverance - steadfastness, persistence ➢ Evidence Collection
in spite of obstacles ➢ Evidence Protection
➢ Witness interviewing and
2. Endurance - lasts physically and suspect interviewing and
mentally, enduring sleepless nights and interrogation
tiresome days
● Investigative Thinking
3. Incorruptible Honesty and Integrity - ➢ Aimed at analyzing evidence
several temptations over money, drinks, and information, considering
and women alternate possibilities

4. Intelligence and Wisdom of Solomon - ● Inductive Reasoning


can easily decipher falsehood from the ➢ Sometimes called inductive
truth ➢ From our current evidence or
information to a conclusion
5. Acting Activity - stopping down to the about what we don’t know
level of a minor, the prostitute, or the
slum dwellers
Types of Reasoning:
6. Oral and Written Examination - in order 1. Deductive
to not suffer setbacks in getting the - states general ideas and verifiers
accurate facts, use appropriate words to reach conclusion
- Top down approach to
7. Observation and Description - problem-solving
- ex: creating a social media
8. Courage - tell the truth irrespective of marketing plan for Gen z
who gets hurt Segment
- general idea: performance
9. Knowledge on Laws - knows the law results from the social media
campaign will determine if
10. The power to “read between the lines” - social media is the best way to
the deeper meaning behind a certain reach the Gen z
statement
2. Inductive 4. To arrest suspects
- Collects observations to reach 5. To recover stolen properties
general conclusions 6. To present the best possible case to the
- Bottoms up approach to prosecutor
problem-solving
- ex: using employee survey
Modes of Investigation
results to create a new employee
wellness program
- observations: feedback and ● Reactive Mode
results from employee survey - addresses crime that already
will inform what wellness happened or occurred
program to create
● Proactive Mode
- Identifies and arrests suspects
Kinds of Criminal Investigation in General before the crime will happens
- In Flagrante delicto cases
1. While the suspect is under arrest or
detention
Big Investigative Errors

2. Investigation while the suspect is “at


large” - not wanted before the eyes of ● Failing to identify ad collect all the
the law, therefore: cannot be lawfully available evidence and information
arrested without a warrant.
● Failing to effectively analyze the
evidence and information collected to
Phases of Criminal Investigation identify suspects and form reasonable
grounds to take action
1. Identify a Suspect/s through:
● Becoming to quickly focused on one
a. confession suspect or one theory of events and
b. eyewitness testimony ignoring evidence of other viable
c. circumstantial evidence suspects or theories that should be
d. associative evidence - used to provide considered
links between evidence and individuals
involved in a crime. (fingerprints or
Responses
DNA)

1, Tactical Investigative Response


Goals of Criminal Investigation - Officers who are engaged in the
frontline response to criminal cases
1. To determine whether the crimes have
been committed - They must rely on the information of a
2. To legally obtain information or dispatched complain, coupled with their
evidence own observations made once theta drive
3. To identify the person/s involved at scene
2. Strategic Investigative Response ➔ Patterns, leads, tips
- Exists once the investigator has arrived
at the scene of an event and has brought note: if the theory is wrong, it may lead them in
the event under control by either the wrong direction.
determining that the suspect has fled and
no longer poses a threat to the life or
GOLDEN RULE in Criminal Investigation
safety of persons

➢ Never touch, alter, move, or transfer any


Cardinal Points in Criminal Investigation: The object at the crime scene unless it is
5WS and 1H
properly marked, documented,
measured, sketched, and/or
● Who? photographed.
● What?
● Where? ➢ PURPOSE: to avoid the MUTILATION,
● When? - specified as accurately as ALTERATION, and
possible CONTAMINATION (MAC) of the
● Why? physical evidence.
● How? - how the crime was committed

Methods of Recording the Investigation


Patterns, Leads, Tips, Theories
1. Photograph
● Patters
➔ Modus Operandi 2. Sketch
➔ Type of weapon being
used 3. Written notes (what you saw or
➔ Type of victim observed)
➔ Location
4. Developing and lifting found at the
● Leads crime scene
➔ Clues or pieces of
information 5. Gathering physical evidence
➔ Anything that can assist
the investigator in 6. Plaster Cast
resolving the
investigation 7. A tape recording of sounds

● Tips 8. Video tape recording of objects


➔ From the citizens
9. Written statements of subject/s and
● Theories witnesses
➔ Pertains to beliefs
regarding he based on
the evidence
Why should crimes be investigated? Interview and Interrogation

● Future deterrence of Offenders ● Interview


➔ skillful questioning of
● The identification and punishment of a witnesses
criminal offender will hopefully deter
him from other misconduct in the future ➔ The simple questioning
of a person who has no
● Deterrence to others personal reason to
withhold information
● Community safety and is therefore
expected to cooperate
● Protection of the innocent with the investigation

● Field Inquiry
Tools of an Investigator in gathering facts
➔ is the general
questioning of all
● Information persons at the crime
➔ data gathered by scene conducted by the
investigators from other investigator
persons including the
victim himself and from ● Interrogation
the 3 kinds of ➔ the process of obtaining
information/sources. admission or confession
namely from those suspect who
has committed a crime
1. Regular Sources
➢ Public records ➔ it is confrontational in
➢ Private records nature
➢ Modus Operandi File
➔ questioning of a suspect
2. Cultivated Sources or person who is
➢ These are information normally expected to be
furnished by informants reluctant in divulging
and informers information

3. Grapevine Sources ● Instrumentation


➢ Information coming ➔ scientific examination
from the underworld of real evidence,
characters such as application of
prisoners or ex-convicts instrument and methods
of the physical sciences
in detecting crime.
victim and from the perpetrator and their
Phases of Criminal Investigation
environment. Appreciation of forensic
science is vital
Phase #1: Identify the Suspect/s through

- Confession: this is an expressed


acknowledgment by the accused in
criminal cases of the truth of his guilt as
to the crime charged or of some of the
essential part thereof

- Eyewitness Testimony: made by several


objective persons who are familiar with
the appearance of the suspect who
personally witnessed the crime scene

- Circumstantial Evidence: evidence of


circumstances which are strong enough
to cast suspicion upon the defendant and
which are sufficiently strong to
overcome the presumption of innocence,
and to exclude every hypothesis except
that of the guilt of the defendant.

- Associate Evidence: links a suspect with


a crime

Phase #2: Locate and Apprehend Suspect/s


through

- the crime perpetrator may not operate


near his residence hence his flight from
the scene is merely a return home unless
he is recognized during the commission
of the offense.

Phase #3: Gather and Provide Evidence to


Establish the Guilt of the Accused

- the investigator must be capable of


locating pertinent evidence

- in criminal cases, physical evidence can


be found at the crime scene, with the

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