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PhilCST

PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice


OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

INTRODUCTION TO CRIMINAL INVESTIGATION


Lesson 1.4: Tools of Criminal Investigation

Learning Objectives:
At the end of the lesson, you should be able to:
1. Discuss the different tools of criminal investigation.

Concept/Discussion:

TOOLS OF CRIMINAL INVESTIGATION


 Information
 Knowledge derived from any source which can be used as a basis or as a means for decision
making to facilitate the successful termination of a criminal investigation.
 Information is the first vital key of successful investigation. Without appropriate or
adequate information, investigators will encounter difficulties in deciding where they
should start or continue their inquiry. Thus, the ability to secure and systematically collect
information is a major asset of a good and competent investigator.

Objectives of information
1. FOR POLICE INVESTIGATORS = Information is used in decision making and in policy
formulation.
2. FOR OPERATIONAL COMMANDERS = Information concerning their commands, personnel,
logistics, and deployment.
3. FOR INVESTIGATIVE SUPERVISORS = Information is necessary to establish priorities
concerning cases to be investigated, the criteria for selection of cases and supervision of
cases under investigation.
4. FOR INVESTIGATORS = Information is required about the characteristics and peculiarities
of previous cases similar to the one under investigation, development of leads, and
guidance during the interrogation phase of the investigation. Information on criminals
operating within the jurisdictional area of the department.

Methods of obtaining information


1. OVERT = The visible way of obtaining information like conducting interview, patrol, crime
scene search, regular performance of police activities and custodial interrogation.

2. COVERT = The secret way of obtaining information like:


a. surveillance = this can be done through physical or technical fixed or mobile
b. undercover assignments like roping, penetration, infiltration
c. entrapment
d. tactical interrogation

Types of Information Types of Evidence


PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

SENSORY FORM= the outward TESTIMONIAL EVIDENCE = The most common


manifestations of a criminal event that form of evidence, and it is obtained through
can be perceived by out five senses – interview and interrogation – events which
eyes, ears, nose, tongue and hands. witness see, smell, taste, and touch are described
to the investigator through oral and written
testimony.
WRITTEN FORM = A criminal act may DOCUMENTARY EVIDENCE = This includes
also provide information is a written writings, including official records. One which is
form like receipts from the motel, food supplied by written instruments, or derived from
and drinks in the pocket of the suspect. symbols which ideas are represented on material
substances, like letters, wills, deed or contract.
PHYSICAL FORM = The information PHYSICAL EVIDENCE = Evidence addressed to the
may actually be in a real form – senses of the court, as when objects are exhibited
meaning the failure to retrieve it or for the personal observation of the judge. It is
receive it at the right time will be also called real evidence – any kind of object
useless. e.g. Fingerprints on bottle of associated with the investigation, but it must be
beer and interview. a tangible item.
Sources of Information
A. Human source of information
1. VOLUNTARY INFORMANT = Anyone, regardless of a criminal or law abiding
background, who provides information to the public without ulterior motive or
payment.
e.g. Garbage collector who observes a strange car parked in front of a
home or a physician who treats an individual with a gunshot wound.

Ways of obtaining voluntary information


a. Personal cultivation = Contacts made during a past investigation proves to be
useful to the present case.
b. Departmental reference = Many police agencies have established file listings
of voluntary informants cultivated in prior investigation. The files may be
cross-referenced by name, type of information obtained, and occupation.
Such information may prove to be very useful or of no value at all depending
on the information.
c. Unsolicited contact = Voluntary informants who self-initiate the police
contact. Identified subjects who report criminal activity without being
solicited, or subject who give anonymous tips over the phone or by letter.

2. INFORMANTS WITH ULTERIOR MOTIVES = Individuals who provided the police


with information for self-serving reasons. They do not demand or receive money
for their information, however, serving as informant benefits them in some
fashion.
e.g. Revenge has always been a strong motivating factor criminals who
feel they have been cheated in the division of property often anonymously
give information on their former partners.
3. PAID INFORMANTS = An individual who receives monetary compensation for
information given.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

In the majority of cases, the informant is either actively involved in crime or


has close contacts with those who are involved in crime.

B. Documentary source of information


- Any type of information of a printed nature, or data otherwise recovered and
stored for retrieval. Such information may be obtained from within the police
agency, from other criminal justice agencies, and from sources not connected
with law enforcement.
e.g. public records, private records, modus operandi files

C. Physical sources of information


1. THE CRIME SCENE = The place where the crime was committed. All pieces of
evidence secured from the crime scene is reviewed as to its information potential.
Crime scene evidence often has significant value in providing the officer with
suspect-tracing information.
2. WIRETAPPING = Interception of telephone calls.
3. ELECTRONIC SURVEILLANCE OR EAVESDROPPING = Listening on spoken
interactions via devices that gather and amplify sounds. EAVESDROPPING is
listening to conversations without the use of any device.
Uses of Evidence
1. AS A DIRECT PROOF = The evidence can be used to prove the fact directly without any
inference or presumption.
a. EYEWITNESS TESTIMONY = A witness testifies that he saw the suspect
shoot the victim with a revolver.
b. CONFESSION = The suspect confessed that he shot the victim with his
revolver.
2. AS CIRCUMSTANTIAL PROOF = It is used to prove the fact indirectly, by providing one fact
which thereby give rise to an inference or presumption as to the existence of another fact.
The investigator must weigh the accuracy of his conclusions, as well as the truthfulness of
the evidence.
a. MOTIVE = The reason why a crime was committed.
b. OPPORTUNITY = Being in a better position to commit the crime.
c. DECLARATION AND ACTS INDICATIVE OF GUILT = Actions on the part of
a suspect which raise an inference of guilt.
d. PREPARATION FOR THE COMMISSION OF AN OFFENSE = Acts prior to
the crime which are preparatory steps in its commission.
e. POSSESSION OF FRUITS OF THE CRIME = A person found in possession
of a marked “bait money” from a bank robbery: or a murder weapon
found in the possession of a suspect.
f. MODUS OPERANDI = A suspect’s pattern or method or procedure in
committing a crime.
g. ASSOCIATIVE EVIDENCE = Physical evidence found in the suspect which
places him at the crime scene such as bite marks, tools, and blood
stained shirt which can link a suspect to a crime.
h. Tracing evidence – minute evidence found at the crime scene which
places the suspect on scene such as fingerprints, shoe imprints,
cigarette butts, spermatozoa.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

i. CRIMINAL POTENTIALITY = Possession of knowledge, skills or facilities


that could easily be adopted for criminal use.

Criminal Identification
Identification of suspects and the actual culprits of the crime is one of the primary task in
criminal identification. Most criminal cases referred for investigation have unknown suspects. The
suspect’s action is known, but positive identification has not been made. Even when the suspect’s
identity is known, identification procedures may be required to confirm information given by
victims or witnesses.

Scope of Criminal Identification


1. Suspects identification
a. Positive identification = This uses information that identifies an
individual beyond question and is legally acceptable pertaining to and
originating from a particular individual. e.g. fingerprints
b. Tracing identification = This involves the use of all other information
that may be indicative of the personal identity of an individual. e.g.
testimony of a witness
2. Identification of actual suspects

Methods / Techniques of Criminal Identification


1. FINGERPRINTS (Dactyloscopy) = The latent print lifted from the crime scene is compared
with the actual print of the suspect. If the two are the same, the latent prints belongs to the
suspect.
2. ROGUES GALLERY = Use of photographic files/mug files wherein the witness is invited to the
police station and then requested to examine the photographic files of known criminals.
3. GENERAL PHOTOGRAPH METHOD = The investigator shows to a witness/victim a variety of
faces that may not necessarily/directly represent the face of the criminal. The photographs
shown to the witness only represent different features of faces. The image in the picture
maybe similar and thus include the various features such as:
a. degree of baldness
b. length and shape of nose
c. size of the ears
d. formation of the chin, jaw, and cheekbones
e. others
4. CARTOGRAPHY = The witness and the investigator develop a picture of the criminal with
the help of a skilled cartographer. Based on the description of the witness, the artist draws
a composite face that approximates the criminal’s facial appearance.
5. POLICE LINE-UP OR SHOW-UP = this involves a process of letting/allowing a witness to select
the primary suspect from a group of chosen persons (suspect and innocent person). This
method is more convenient than the other methods since the “element of suggestion” is
avoided or minimized in the identification process.
Standard Procedure on Police Line-Up
a. Four to ten persons are placed inside a line-up room. Combination of
suspects and innocent individuals wearing similar attire and, as much as
possible in similar manner of appearance of the offender as described by
a witness. They should have similar race, height, and body built.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

b. These persons are allowed to select their position in a line-up. Each person
must be standing in front of a set of numerical that indicate the height (in
feet and inches).
c. A record is made of their description and physical characteristics. They
should be photographed for the record.
d. The eyewitness is then allowed to view these persons in a line-up. He must
be allowed to freely identify the person whom he thinks is the one that he
saw committing a crime ( as the case may be).
e. If he identifies one, the identification must be made in numbers not by
names. It must be noted that the names (or the personal identify of the
person in the line-up) are not divulged to the eyewitness.
f. While the eyewitness is making the identification, other people aside from
the investigator of the case should be present such as the prosecutor and
the counsel of the suspect. If it is possible, each of the suspects standing
in the line-up must have a counsel who will accompany the witness while
he is making the identification.

The accuracy of identification made by eyewitnesses depends on the following factors:


1. The ability of the eyewitness to observe and remember the distinct appearance of suspect.
2. The prevailing conditions of visibility and observation when the crime was committed.
3. The time that lapsed between the criminal event and when the identification was made.
Two Categories of Criminals Identified By a Witness
1. Known criminals/fugitives = These includes group of criminals who have existing record in
the police files. If the criminal has an official record in any law enforcement unit’s file, the
address of his relatives, friends and other acquaintances can be located. These persons
could offer description about the criminal. Background investigations can be conducted on
them to gather more personal data concerning the criminal.
2. Unknown criminals = Identification of unknown criminals should be conducted discreetly
or with caution. Available data or facts as to the appearance/description of the criminal are
sometimes vague such that identification process is difficult.

 Interview and Interrogation

o Interview = The casual but systematic conversation with the person who may
knowledge relevant to a crime under investigation, but no personal reason to
withhold information.
A communication involving two or more persons for the purpose of obtaining information
relative to a crime under investigation. The information gathering process will vary in difficulty in
direct proportion to the following factors:
a. cooperative attitude of the subject (the person being interviewed)
b. perspective ability of the subject
c. skill of the investigator
d. emotional state of the subject
e. legal knowledge of the investigator

Purposes of interview
1. To establish facts necessary to prove the corpus delicti.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

2. To obtain descriptive information to identify the suspect.


3. To corroborate or disapprove information previously obtained.
4. To verify evidence which the investigator has drawn from other evidence.
5. To recover fruits of the crime.
6. To determine the location of suspects

Steps in interview
1. Thorough preparation = The investigator must determine the following before
actually interviewing the victim:
a. the nature of the crime
b. the identity and background of the victim
c. the emotional state of the victim
2. Face to face questioning = The questioning will vary in minor details but will generally
involve many “retellings.” The questioning techniques used by the investigator
generally are determined by the emotional condition of the victim.
3. Conclusion = The final step of the interview of the victim.

Types of interview
1. BACKGROUND INTERVIEW = This is focused only in obtaining data regarding the personal
background of the subject, the simplest type of interview used in criminal cases.
2. SUBJECTIVE INTERVIEW = An interview wherein the questions are phrased in a manner
such that the subject’s answers are based on his personal opinions or views. Questions
are designed to deal with the subjective aspect of the case.
3. OBJECTIVE INTERVIEW = The questions are designed to acquire the basic and specific data
or facts regarding a criminal case. It is the type of interview that complies with the six
cardinal points of criminal investigation (the 5 W’s and 1 H).

Stages of interview
1. PRELIMINARY = The first or initial questioning usually conducted at the crime scene.
2. FOLLOW-UP = This is to obtain further information that was missed during the initial
interview and to clarify data that has been already gathered.
3. FINAL = This is the last step of questioning that may lead to the act of offering a witness
to testify during court trial.

• VICTIM INTERVIEW = The majority of the victim interviews involve people who have been
victimized by some form of theft and who have not been in contact with the perpetrator.
A smaller number will involve individuals emotionally affected by direct contact with the
criminal.

• WITNESS INTERVIEW = A witness is one who saw or knows by personal presence and
perception about the crime.

General requirements to qualify a witness


1. That the witness was conscious during the event.
2. That the witness was physically present during the event.
3. That the witness was psychologically and mentally attentive during the event.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

• People, objects and events are perceived through the five senses, sense of sight and hearing
being the most important in judging witness reliability. The visual accuracy of eyewitness
testimony is very important and is frequently scrutinized during a trial.

Interview format (I.R.O.N.I.C.)


1. IDENTITY
a. The investigator should identify himself to the witness by name, rank and agency.
b. He should try to size up the interviewee and reach a tentative conclusion about
this type then use the best interview approach.
2. RAPPORT = The investigator must establish good inter-personal relationship with the
witness.
3. OPENING STATEMENT = The investigator must explain why the witness is being contacted.
4. NARRATION = Allowing the witness to present in a narrative form without injecting
questions. This will allow the continuity and clearness; range of interview is broadened;
and it helps the interviewee recall and relate event in their proper order.
a. The interviewer should keep to the point at issue and should not wander too far
from it.
b. The interviewer should be alert from hearsay information so he can question the
interviewee on the matter later.
c. Do not interrupt a trend of ideas by abruptly asking a question. However, you
may guide the interviewee with innocuous questions such as, “and then what did
you do?
5. INQUIRY = After the witness has told the story, the investigator can make clarifying
inquiries.
a. Dominate the interview. Be careful not to allow the interviewee to be the one
asking the question.
b. Do not ramble. Have a reason for every question asked.
c. Follow the order of time and bring out the facts in that order. This technique is
called “chronological questioning” and is considered the easiest as people tend
to think in terms of what happened first, second, then so on. The interviewer
should go step by step in learning all the details concerning the planning and
commission of the crime and what happened after it was committed.
d. Exhaust each topic before moving on to the next.
e. Determine the basis for each material statement. It might be hearsay.
f. Keep your questions simple and understandable.
g. The dangers of leading and misleading questions should be borne in mind. A
question which suggests to the witness the answer which the interviewer desires
is a LEADING QUESTION. Questions which assume material facts that have not
been proven are MISLEADING QUESTIONS.
h. Wait for the answer to one question before asking a second question.
i. Ask important questions in the same tone of voice as unimportant ones.
j. As a rule, avoid tricking or bluffing questions.
k. Where it is necessary to inquire into the past history of the interviewee involving
something unpleasant, it is wise to use introductory remarks deploring the need
for the question and saying that it is one of the unpleasant but necessary duties
of the officer.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

6. CONCLUSION = The interview should be concluded when the witness has nothing
pertinent to offer.
a. Before closing the interview, the law enforcer should make a mental check of the
purpose of the interview and should analyze what he has learned, then decide
whether he has attained his objectives. He should be guided in this respect by the
5 W’s and 1 H.
b. The interviewee should always leave the door open for re-interview.

o Interrogation = The formal systematic questioning of a criminal suspect for the


purpose of securing an admission of guilt concerning his connection with, or
participation in a crime under investigation.
The skilful questioning of a suspect or hostile witness to divulge information concerning
the crime under investigation.

• CUSTODIAL INTERROGATION = It is the stage wherein police investigators begin to focus


on the guilt of the suspect, and the suspect is taken into custody or deprived of his/her
freedom of action in any substantial manner.
• It must be remembered, however, the police investigators cannot learn proper
investigation merely by reading books. The success of interrogation depends on its legality,
topic, physical insight and experience.

Purposes of interrogation
1. To obtain information concerning the innocence or guilt of the suspect.
2. To obtain a confession to the crime from the guilty suspect.
o Confession = The direct acknowledgement of the truth of the guilty fact as
charges or of some essential part of the commission of the criminal act itself. To
be admissible, a confession must be voluntary and trustworthy.
 It is an express acknowledgement by the accused in a criminal case, of
the truth of his guilt as to the crime charged, or of some essential part
thereof.

Types of confession
a. Judicial confession or confession in open court.
b. Non-judicial confession which is also called “out-of-court or extra judicial
confession.” This kind of confession is inadmissible unless corroborative
by proof of corpus delicti.
c. Involuntary confession = When the confession was inducing by promises
of the benefits or reward, or by force, violence, threat, intimidation,
duress, or any other means which vitiates the free will of the accused. A
person who confesses that he committed a crime in effect, waives his right
to remain silent. Therefore, for the confession to be valid, it must not only
be voluntary, but also in writing and made with the assistance of a counsel
of his own choice, with full understanding of the consequences of such
confession.
3. To induce the suspect to make admission.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

 Admission = It is a self-incriminatory statement by the subject short of


acknowledgment of guilt. It is an acknowledgement of a fact or circumstance
from which guilt may be inferred. It implicates but does not incriminate.
4. To know the surrounding circumstances of a crime.
5. To learn the existence and location of physical evidence such as documents or weapons.
6. To learn the identity of accomplices.
7. To develop information which will lead to the recovery of the fruits of the crime.
8. To develop additional leads for the investigation of the crime.
9. To discover details of any other crime in which the suspect participated.

Interrogation techniques
1. EMOTIONAL APPROACH = Place the subject in the proper frame of mind. The investigator
should provide emotional stimuli that will prompt the subject to unburden himself by
confiding. Analyze the subject’s personality and decide what motivation would prompt
him to tell the truth, then provide those motives through appropriate emotional appeals.
2. SYMPATHETIC APPROACH = The suspect may feel the need for sympathy or friendship.
He is apparently in trouble. Gesture of friendship may win his cooperation.
3. KINDNESS = the simplest technique is to assume that the suspect will confess if he is
treated in a kind and friendly manner.
4. EXTENUATION = The investigator indicates he does not consider his subject’s indiscretion
a grave offense. (Lessen the seriousness of the crime committed by providing partial
excuse).
5. SHIFTING THE BLAME = The interrogator makes a clear belief that the suspect is obviously
not the sort of person who usually get mixed up in a crime like this. The interrogator could
tell from the start that he was not dealing with a fellow who is a criminal by nature and
choice. The trouble with the suspect lies in his little weakness – he likes liquor, perhaps
or he is excessively fond of girls, or he has had a bad run of lick in gambling.
6. MUTT AND JEFF = These are two agents, Mutt, the relentless investigator, who is not going
to waste any time because he knows the subject is guilty. Jeff, on the other hand, is
obviously a kind hearted man.

Types of offenders and approaches to be used in dealing with them:


a. EMOTIONAL OFFENDERS have a greater sense of morality. They easily feel
remorse over what they have done. The best approach in interrogating this type
of offender is the SYMPATHETIC APPROACH.
b. NON-EMOTIONAL OFFENDERS normally do not feel any guilt, so the best way to
interrogate them is through the factual analysis approach, that is, by reasoning
with the subject and letting him know that his guilt has already been, or will soon
be, established.

Interrogation of suspect whose guilt is definite or reasonably certain:


1. Maintain an attitude which shows that you are sure of yourself when you conclude that
the subject is indeed guilty.
a. Do not be very friendly with the subject and do not offer a handshake.
b. At the outset, accuse the subject of lying. If he reacts with anger, this usually
indicates innocence. But if he remains calm, you can generally conclude that your
suspicion of guilt confirmed.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

c. Interruption of questioning by the subject may indicate innocence. Silence is


equated with guilt.
d. Do not allow the subject to repeatedly deny his guilt.
e. Assume that the subject is guilty and proceed to ask WHY he committed the act,
instead of wasting time on who did it.
f. When interrogating, a “big shot,” it may be useful to lower his status by
addressing him with his first name, instead of using a title of respect.
g. Remember that one who is trained in criminal interrogation is easier to question
than an ordinary criminal since he has once confidence in himself as a liar.
2. The subject should be made aware of the fact that the interrogator knows information
indicating his guilt and that the interrogator is not merely “fishing” for evidence.
3. Let the subject know what he is showing signs of deception, some of which are:
a. Pulsation of the carotid (neck) artery
b. Excessive activity of the Adam’s apple
c. Avoiding the eyes of the interrogator, swinging one leg over the other, foot-
wiggling, wringing of the hands, tapping of fingers, picking fingernails, etc.
d. Dryness of the mouth
e. Swearing to the truthfulness of assertions. This is frequently used by guilty
subjects to strengthen their assertions of innocence.
f. “Spotless Past Record” – “Religious Man.” These assertions to support statements
which the subject knows, and realizes the interrogator knows, to be false.
g. A “Not that I Remember” or “As far as I know” expression should be treated as a
veiled admission or half-truth.
4. Sympathize with the subject by telling him that anyone else under similar conditions or
circumstances might have done the same thing.
5. Reduce the subject’s guilt feeling by minimizing the moral seriousness of his offense.
6. In order to secure the initial admission of guilt, the interrogator should suggest possible
reasons, motives or excuses to the subject.
7. Sympathize with the subject by:
a. Condemning hid victim. During the questioning, the interrogator should develop
the notion that the initial blame, or at least some of the blame, for the crime rests
upon the victim.
b. Condemning the suspect’s accomplice. But the interrogator must be cautious so
that his comments are not misinterpreted by the subject as leniency or in culpable
from liability.
c. Condemning anyone else upon whom some degree of moral responsibility might
be placed for the commission of the crime.
8. In encouraging the subject to tell the truth display some understanding and sympathy.
a. Show sympathy through a pat on the shoulder (Usually reserved for men who are
either younger or of the same degree as the interrogator, or emotional
offenders), or gripping the subject’s hand. Care must be taken with female
offenders, who might consider any physical contact with the interrogator as a
sexual advance.
b. Tell the subject that even if he were your own bother (or any other close relative),
you would still advise him to speak the truth.
c. Convince the subject to tell the truth for his own moral and mental well-being.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

d. The “friendly-unfriendly” act. This is much like the Mutt and Jeff system. The only
difference is that this act seems more effective if done by a single interrogator
playing both roles.
9. Point out the possibility of exaggeration on the part of the accuser or victim or exaggerate
the nature and seriousness of the offense itself.
10. Early in the interrogation, have the subject situate himself at the scene of the crime or in
some sort of contact with the victim or the occurrence.
11. Seek an admission of lying about some incidental aspect of the occurrence. By achieving
this, the subject loses a great deal of ground, bringing him nearer to the confession stage,
because he can always be reminded by the interrogator that he has been telling the truth.
12. Appeal to the subject’s pride by well-selected flattery or by a challenge to his honor.
Flattery is especially effective on women subjects.
13. Point out the uselessness of lying.
14. Point out to the subject the grave consequences and futility of a continuation of his
criminal behaviour, rather than seek a general admission of guilt, first ask the subject a
question regarding some detail of the offense, or inquire as to the reason for its
commission.
15. When co-offenders are being interrogated and the previously described techniques have
been ineffective, play one against the other. This is effective because when two or more
persons have collaborated in the commission of a criminal offense and are alter
apprehended for questioning, there is usually a constant fear on the part of each
participant that one of them will “talk” in exchange for some leniency or clemency.

Interrogation of suspect whose guilt is uncertain:


1. Ask the subject if he knows why he is being questioned.
2. Ask the subject to relate all he knows about the crime, the victim, and possible suspects.
3. Obtain from the subject detailed information about his activities before, during and after
the occurrence under investigation. This is a good method of testing the validity of the
subject’s alibi.
4. Where certain facts suggestive of the subject’s guilt are known, ask him about them
rather casually and as though the real facts were not already known, to give the subject
an opportunity to lie. His answer will furnish a very good indication of his possible guilt or
innocence, and if he is guilty; his position becomes very vulnerable when confronted with
the facts possessed by the interrogator.
5. At various intervals, ask the subject certain pertinent questions in a manner which implies
that the correct answers are already known.
6. Refer to some non-existing incriminating evidence to determine whether the subject will
attempt to explain it, if he does, that is an indication of guilt.
7. Ask the subject whether he ever thought about committing the offense or one similar to
it. If the subject admits he had thought about committing it, this fact is suggestive of his
guilt.
8. In theft cases, if the subject offers to make restriction, that fact is indicative of guilt.
9. Ask the subject whether he is willing to take a lie-detector test. The innocent person will
almost always immediately agree to take practically any test to prove his innocence,
whereas the guilty person is more prone to refuse to take the test or to find excuses for
not taking it, or for backing out of his commitment to take it.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

10. A subject who tells the integrator, “all right, I’ll you what you want, but I did not do it,” is,
in all probability guilty.

General suggestions regarding the interrogation of criminal suspect:


1. Interview the victim, the accuser, or the discoverer of the crime before interrogating the
suspect.
2. Be patient and persistent. Never conclude an interrogation at a time when you feel
discouraged and ready to give up; continue for a little while longer.
3. Make no promise when asked, “What -will happen to me if I tell the truth?” A promise of
leniency or immunity may induce an innocent to confess.
4. View with scepticism the so-called “conscience-stricken” confession.
5. When a subject has made repeated denials of guilt to previous investigators, first question
him, whenever circumstances permit, about some other unrelated offense of a similar
nature of which he is considered to be guilty.
6. An unintelligent, uneducated criminal suspect with a low cultural background should be
interrogated on a psychological level comparable to that usually employed in the
questioning of a child.

Interrogating witnesses and other perspective informants:


1. Give the witness or prospective informant an assurance that the offender will not harm
him or any member of his family, and that there is a witness protection program specially
to meet that contingency when it becomes necessary.
2. If such witness or prospective informant refuses to cooperate with the police, try to serve
any bond between him and the offender, and proceed to interrogate the witness or
informant as if he were the subject.

Legal requirements of interrogation


1. VOLUNTARINESS = The statement of a person being interrogated must have been made
voluntary and must not be the product of threat, fear, fraud, coercion, or other improper
tactics.
2. INTERROGATION WHILE IN CUSTODY = The warning of rights or giving the MIRANDA
WARNING/DOCTRINE
a. Right to remain silent
b. Right to counsel
c. Right to be provided with a counsel and if the suspect cannot afford the services
of a private counsel, he must be provided with one
d. Right to be informed of his rights
e. Right to be informed that anything he says during the investigation may be used
against him in court
f. No force, violence, threat or intimidation shall be used against him.
g. Any confession obtained in violation of these rights shall be inadmissible in court
as evidence

Exceptions to these rights = These rights need not to be given in the following events:
1. To interview suspect who are not under arrest, in custody or otherwise restrained.
2. To suspects who are in custody but not questioned.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

3. To volunteered statements of suspect in custody as long as the investigator is not asking


questions, a talking suspect need not be advised of his rights.
4. To general on-the-scene questioning.
5. To statements made by the suspect to a private party.

Interrogation environment
1. PRIVACY = This can be achieved by the presence of only one door of the investigation
room, absence of windows or view, sound proof and telephone without a bell.
2. SIMPLICITY = Distraction should be kept to its minimum. Too many objects may distract
the attention of the subject. This can be accomplished by a medium size investigation
room, bare walls, no glaring lights, and minimum furniture.
3. SEATING ARRANGEMENTS = The investigator and subject must be seated without any
intervening furniture.
4. THE TECHNICAL AIDS = The interrogator may allow other persons to be present. Persons
like the prosecuting officer will have the opportunity to observe the prospective
defendant, the victim and complainant may be able to make the identification.
a. Recording installation = This is important to record the interrogation and any
confession made.
b. Listening device = A hidden microphone as a “live” telephone should be installed.
c. Two-way mirror or one-way mirror

Methods of reproducing an interview and interrogation


1. Mental note
2. Written notes
3. Stenographic notes
4. Sound recordings
5. Sound motion pictures

A philosophy of interview and interrogation:


“The RIGHT officer asking the RIGHT question
in the RIGHT manner at the RIGHT
time in the RIGHT place will
get the RIGHT answer”

Distinctions between Interview & Interrogations


INTERVIEW INTERROGATION
Friendly & Cooperative Hostile &Confrontational
Purpose is to gather unknown facts and/or Purpose is to obtain confession
verify known facts
Does not require Miranda warning Miranda warning is required if subject is the
accused. If subject is hostile witness
(uncooperative), no Miranda required.

 Instrumentation
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

The scientific examination of real evidence; application of instrument and methods of the
physical sciences in detecting crime.
The sum of these sciences insofar as they are applied to crime detection is called
CRIMINALISTICS.
In other words, the work performed in a crime laboratory is called CRIMINALISTICS.
 CRIMINALISTICS may be defined as the recognition, identification, comparison and
evaluation of physical evidence by application of the natural sciences.

 INSTRUMENTATION, however, is taken here to mean more than criminalistics. Thus,


fingerprint systems, modus operandi file, lie detector, and other investigative tools are
contained within the scope of the term INSTRUMENTATION.

How does a Criminal Investigator use INSTRUMENTATION OR FORENSIC SCIENCE as a tool?


By use of techniques and objects applied to evidence to solve the crime. Example,
fingerprints, serology, ballistics, DNA analysis, etc.

Learning Sources:

Books:

1. Salamanca, Bayani H. et.al. (2017). Police Intelligence and Secret Service. Wiseman’s Book
Trading, Inc.
2. Fetalvo-Balares, Marilyn et.al. (2016). Police Report Writing. Wiseman’s Book Trading, Inc.
3. Sta. Ana, Hernandez A. et.al. (2016). Special Crime Investigation. Wiseman’s Book Trading, Inc.
4. Vicente, Jezreel B. et al. (2016). Fundamentals of Criminal Investigation Second Edition.
Wiseman’s Book Trading, Inc.
5. Garcia, Mario B. (2016). Effective Techniques in Criminal Investigation. Wiseman’s Book
Trading, Inc. 6. Delizo, Darlito Bernard G. (2015). Review Materials on Law Enforcement
Administration Second Edition. Prudence Research & Review Center
7. Guevara, Ricardo M. et.al. (2015). Crime Detection and Investigation. Wiseman’s Book Trading,
Inc.
8. Guevara, Ricardo M. et.al. (2014). Special Crime Investigation Second Edition. Wiseman’s Book
Trading, Inc.
9. Nano-Bajado, Maria Cristina et.al. (2014). Technical Report Writing 1. Wiseman’s Book Trading,
Inc. 10. Nano-Bajado, Maria Cristina et.al. (2014). Technical Report Writing 2. Wiseman’s Book
Trading, Inc. 11. Villaluz, Joner C. et.al. (2014). Instructional Module on Special Crime
Investigation. Wiseman’s Book Trading, Inc.
12. Guevara, Ricardo M. et.al. (2010). Police Intelligence and Secret Service. Wiseman’s Book
Trading, Inc.

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