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criminology board exam reviewer

Fundamentals of Criminal Investigation

Investigation - an inquiry, judicial or otherwise


for the discovery and collection of facts
concerning the matters involved.
                        - it is the process of inquiring,
eliciting, soliciting and getting vital information,
facts, circumstances in order to establish the
truth.

Criminal Investigator - a public safety officer


who is tasked to conduct the investigation of all
criminal cases as provided for and embodied
under the revised penal code, criminals laws
and special laws which are criminal in nature.
                                      - a well trained, disciplined
and experienced professional in the field of
criminal investigation.

Custodial Investigation - investigation


conducted by law enforcement officers after a
person has been arrested or deprived of his
freedom of action.

Neighborhood Investigation - one of the most


crucial steps in kidnap for ransom cases which is
often overlooked. The objective is to identify
and interview in person all individuals in the
area where the victim was kidnapped or last
known sighting area during the window of
opportunity.(last time seen until the time
discovered missing.

Crime scene - a venue or place where the


alleged crime/incident/event has been
committed.

Corpus delicti - (latin for the body of the crime)


- used to describe the physical or material
evidence that a crime has been committed. ex.
corpse of a murder victim.

Confession - is an express acknowledgement by


the accused in a criminal prosecution of the
truth of his guilt as to the offense charge.

Admission - refers to statement of facts not


directly constituting an acknowledgement of
guilt.

Organized criminal group - a structured group


of three or more persons existing
for a period of time and acting in concert with
the aim of committing one or more serious
crime or offenses.

Organized crime - a combination of two or


more persons who are engaged in a criminal or
virtual criminal activity on a continuing basis for
the purpose of profit or power using gangland
style to attain their purpose.

Physical evidence - evidenced addressed to the


senses of the court that are capable of being
exhibited, examined or viewed by the court.
This includes but not limited to fingerprints,
body fluid, explosives, hazardous chemicals,
soil/burned debris, bombs, electronic parts
used in the commission of the crime.

Victimology/victim profiling - a detailed


account of the victims lifestyle and personality,
assist in determining the nature of the
disappearance, the risk level of the victim and
the type of person who could have committed
the crime. Complete information regarding the
victims physical description, normal behavior
patterns, the family dynamics and known
friends and acquintances should be obtained as
soon as possible.

Miranda vs. Arizona - Ernesto Miranda had


confessed to rape and kidnapping, after two
hour interrogation. Because the interrogators
failed to inform Miranda of his right to counsel
and remain silent, his conviction was
overturned.

Waterboarding - refers to the practice of


strapping a suspect to a board with his or her
head lowered, then the face is covered and
water is poured over it causing the suspect to
gag and experience the sensation of drowning.

Chinese water torture - interrogation


technique, repeatedly dripping water on the
forehead of the suspect. The goal is to drive the
suspect to near insanity thereby obtaining a
confession.

Serial Killer - is someone who murders 3 or


more people with "cooling off" periods in
between.

Police Blotter - is an 18" x 12" logbook with


hard bound cover that contains the daily
register of all crime incident reports, official
summary of arrests and other significant events
reported in a police station. A separate police
blotter shall be maintained for offenses
requiring confidentiality like violence against
women and children and those cases involving a
child in conflict with the law to protect their
privacy pursuant to RA 9262 (anti violence
against women and children act of 2004) and
RA 9344 ( juvenile justice and welfare act of
2006).

Actus Reus - proof that a criminal act has


occurred.

Sketch - a rough drawing or painting, often


made to assist in making a more finished
picture.

Types of Sketches
  1. Floor plan (Birds Eye View) 
  2. Elevation Drawing
  3. Exploded View
  4. Respective Drawings

Allan Pinkerton - a Scottish american detective


who created the Pinkerton National Detective
Agency, the first detective agency in the
US.Pinkerton foiled a plot to assassinate
President Lincoln.

Rouges Gallery - is a police collection of


pictures or photographs of criminals and
suspects kept for identification purposes.A
compilation of descriptions, methods of
operation having places and names of criminal
and their associates.

Mugshot - is a photographic portrait taken after


one is arrested.
Criminal investigation - it is the collection of
facts in order to accomplish the three fold aims:

3 Fold Aims Of Criminal Investigation

1. To identify the guilty party


2. To locate the guilty party
3. To provide evidence of his guilt

6 Cardinal points of investigation 

1. What specific offense was committed


2. How the offense was committed
3. Who committed it
4. Where the offense was committed
5. When it was committed 
6. Why it was committed

Tools of an investigator in gathering facts


  
  1. Information - data gathered by an
investigator and other 
      person including the victim himself and
from:
                             1. public records
                             2. private records
                             3. modus operandi file
  2. Interview - skillful questioning of witness
and  
      suspects.
  3. Instrumentation - scientific examination of
real 
       evidence, application of instruments
and          
       method of physical sciences in  detecting
crime.                                                  
Phases of investigations
 
  1.Phase 1 - identify the suspect through:
                      1. confession
                      2. eyewitness testimony
                      3. circumstantial evidence 
                      4. associate evidence
  2. Phase 2 - locate and apprehend suspect.
  3. Phase 3 - gather and provide evidence to 
       establish  the guilt of the accused.

Composition/Organization of an investigation
team:

1. Team leader
2. Investigator/recorder
3. Photographer
4. Evidence Custodian
5. Composite illustrator/Artist

Equipment of an Investigator

1. Police line
2. Video camera
3. Voice recorder
4. Camera
5. Measuring device
6. Gloves
7. Flashlight
8. Fingerprint kit
9. Evidence bag
10. Evidence tag
11. Evidence bottles/vials
12. Investigators tickler
Investigators Tickler

1. Investigators checklist
2. Anatomical diagram form
3. Evidence Checklist
4. Turn-over receipt

Standard Methods of Recording Investigative


Data:

1. Photographs
2. Sketching crime scenes
3. Written notes (what you have
seen/observed)
4. Developing and lifting fingerprints
found at the crime scene.
5. Gathering physical evidence
6. Plaster cast
7. Tape recording of sounds
8. Video tape recording of objects
9. Written statement of objects and
witnesses.

2 Kinds of Information
  1. Regular sources - ex. citizen, company
records
  2. Cultivated sources - ex. paid informant

 Interrogation or questioning witness or


suspect who is reluctant to divulge or
reveal information with the goal of
extracting a confession or obtaining
information while an Interview is simple
questioning of a person who cooperate
with  the investigator.
How the Suspect is Identified
  1. Confession or Admission - is a declaration of
an 
      accused acknowledging his guilt.
  2. Eyewitness testimony
  3. Circumstantial evidence

How circumstantial Evidence Obtained


  1. Motive
  2. Opportunity
  3. Associative Evidence

Types of Interview
  1. Informal (on the scene interview) -
conducted by
      police/investigator at the crime scene to get 
      description of criminal if seen.
  2. Formal - interview conducted by the
investigator
      assigned to the case.

Types of Formal Interview 


  1. Normal - for willing or cooperative witness.
  2. Group/Pretext Interview - for hostile
witness or 
      witness who refuse to cooperate.
  3. Follow Up - additional interview in addition
to vital
      points if necessary.

Qualifications of Interviewer
  1. Salesman
  2. Actor
  3. Psychologist

Requisites of an Interview
  1. Establish rapport
  2. Forcefulness of personality
  3. Breadth of interest

Setting of Interview
  1. Background Interview - time and place of
      interview are not a consideration except for
busy
      person.
  2. Routine Criminal Cases - interview should
be 
      carefully planned. Busy person can be
interviewed
      at night, privacy is important.
  3. Important Criminal Cases - should be
conducted in
      places other than the subjects home/office
to 
      prevent him/her feeling confident.
Investigator 
      should get interviewees respect.
    4. Appropriate Time - General rule - (ASAP) as
soon 
        possible while facts are fresh in the
memory of
        interviewees.

Methods of Crime Scene Search


  1. Strip method - the area is blocked out in the
form
      of a rectangle. The searchers (3 person is
good)
      proceed slowly at the same pace along
paths 
      parallel to one side of the rectangle.
  2. Double Strip Search Method - modification
of the
      strip search method. The rectangle is
traversed
      first parallel to the base then parallel to a
side.
  3. Spiral Search Method - The searchers (3
person is
      good) follow each other along the path of a
spiral
      beginning on the outside and spiraling in
towards
      the center.
  4. Zone Search Method - one searcher is
assigned
      to each subdivision of a quadrant and then
each
      quadrant is cut into another set of
quadrants.
  5. Wheel Search Method - the area is
considered to 
      be approximately circular. The searchers
gather at
      the center and proceed outward along radii
or 
      spokes. Procedure is repeated several times 
      depending on the size of the circle and the
number
      of searchers.

strip search method

double strip search method

spiral search method

zone search method

wheel search method

Related Readings: Fundamentals of Criminal


Investigation
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