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What is criminal investigation? Criminal investigation is an applied science that involves the
study of facts that are then used to inform criminal trials. A complete criminal investigation can
include searching, interviews, interrogations, evidence collection and preservation, and various
methods of investigation. Modern-day criminal investigations commonly employ many modern
scientific techniques known collectively as forensic science.
Criminal investigation is an ancient science that may have roots as far back as 1700 BCE in the
writings of the Code of Hammurabi. In the code, it is suggested that both the accuser and the
accused had the right to present evidence they collected. In the modern era, criminal
investigations are most often done by government police forces. Private investigators are also
commonly hired to complete or assist in criminal investigations.
In order to effectively conduct or perform criminal investigative functions, one must understand
the basic definition of; investigation and investigate.
When one investigates, he/she makes a systematic inquiry, closely analyses and inspects while
dissecting and scrutinizing information.
An investigation, therefore, is based upon a complete and whole evaluation and not a
conjecture, speculation or supposition.
Investigation can be defined quite simply as a systematic fact finding and reporting process. It is
derived from the Latin word vestigere, to “track or trace,” investigation is finding facts; it is akin
to research conducted in the academic arena. Investigation is a multi-disciplined field of study.
Crime detection and investigation is both an art and a science; a collaboration of common
sense, judgment, intellect, experience and an innate intuitiveness along with grasp of relative
technical knowledge.
These include collection, analysis, theory development and validation, suspect identification
and forming reasonable grounds, and taking action to arrest, search, and lay charges. In any
case, as unpredictable as criminal events may be, the results police investigators aim for are
always the same.
Kinds of Confessions
a. Extra Judicial Confession - outside the court, maybe during preliminary
investigation before trial (writing, under oath, understood by the accused,
presence of counsel preferable own choice).
b. Judicial Confession – those made by the accused in open Court. The plea of guilt
maybe during arraignment or any stage of the proceedings where the accused
changes his plea of not guilty to guilty.
(2) eyewitness testimony - is the statement of the person whom the investigator
believes to have direct knowledge of what possibly transpire--- before, during, and
after the commission of an offense. This may include an intelligently conducted
“LINE-UP”, to eliminate the process of suggestion, as one of the factor during
identification.
a. Known fugitives – If the criminal is known, then police records and pictures are
available. His relatives and friends can offer description. Further description can be obtained
from local police files, background investigation and from verbal description of others.
b. Unknown criminals – Identification of unknown criminals by eyewitnesses must
be approached with caution by the investigator. Their identity are unknown to eyewitnesses
before the commission of the crime.
Verbal description – The value of the description must depend on the capacity of the
witness to describe the criminal.
Photographic files - (Rogue’s Gallery – the witness may be taken to the headquarters to
examine the photographs on file. The modus operandi file may also be shown upon
knowledge of the technique of the commission of the crime. (the witness should also
be instructed to call the investigator’s attention to any strong similarity in the
photograph of a single feature, the nose or mouth.
4. associative evidence – pieces of evidence which will link the suspect to the
crime scene, such as fingerprints, foot or shoe impressions are some of the
examples.
Importance of Criminal Investigation
1. The problem on crimes and criminals should be carefully studied and provided with solutions.
2. It helps the five pillars of the Criminal Justice system in recognizing and identifying criminal
and provides clues or information in promoting social justice.
3. An aid in enforcing the laws and the protection of lives and properties.
Five (5) Pillars of Criminal Justice System
Criminal Justice System – The Criminal Justice System is a set of interdependent legal and social
institutions that enforce the criminal laws in accordance with established rules and limitations.
In the Philippines the Criminal Justice System has Five (5) Pillars, namely:
Law Enforcement – Pillar of Criminal Justice System is mainly responsible for the
prevention of crime as well as protection of life, liberty and property of citizens.
Prosecution – Pillar of Criminal Justice System mandated to conduct preliminary
investigation of cases involving violations of the penal code
Courts – Pillar of Criminal Justice System which handles and tries cases and decides the
guilt or innocence of the accused.
Correction – Pillar of Criminal Justice System mandated to administer both correctional
and rehabilitations programs for offenders for their eventual reintegration into the
mainstream society.
Community – Pillar of Criminal Justice System where community members strengthen
their role in crime prevention and in the dispensation and administration of justice,
- provide information or data on illegal activities
- formulate and implement local peace and order plan
- cooperate with law enforcement agencies in crime prevention activities
- enlist the active participation of non-government organizations, business, etc. in
providing employment opportunities, technical assistance and skills training to inmates.
• THE ABILITY TO PERSEVERE or stick to task in spite of the monotony and the many
obstacles which surround it. (connections)
• HE MUST HAVE CERTAIN ABILITIES AND AN INTELLIGENCE which would enable him to
acquire information easily and readily and to use this information truthfully. He should have
the capacity to think through situations (must not be pressured). The investigator must be as
intelligent as the offender. (more or greater intelligence)
• HE MUST BE HONEST he must be incorruptible and must possess personal integrity. The
investigator will be subjected to all kinds of temptations: physical, emotional and material.
Temptation to gain will be continuously present and he must be able to recognize and resist it.
The investigator should be aware of the factors of the social pattern that contributes to the
kinds of behaviour exhibited by the individual.
He must be trained to see and to record facts and must practice observing and recording facts.
The investigator must learn to describe what is observed. The accurate and all inclusive
observation by the individual is meaningless to all, even to himself, unless he can tell clearly and
precisely what was seen.
The golden rule states “Do not touch, alter, move, or transfer any object at the crime
scene unless it is properly marked, measured, sketched and/or photographed.”
(MAC RULE) – (standard procedure in the care & handling of evidence – Do not Mutilate, Alter
and Contaminate evidences)
What should then be the primary job of an investigator before applying this rules? The
investigator upon his arrival at the scene of the crime should consider the following two
important steps before he touches or moves any objects.
a) If the victim is still alive , the investigator should try to gather or acquire
information from the victim himself with regard to the surrounding
circumstances of the crime, while assistant is calling for ambulance from the
nearest hospital. Then measure, sketch and photograph the crime scene
immediately after the victim is removed and brought to the hospital for medical
attendance
b) If the victim is dead, the body should be removed only after the crime scene is
measured, sketched and photographed.
Assignment of Duties
Only one investigator may be assigned to handle a case when it is minor one and
if the workload of the office is great. When a case is relatively important and to
insure thoroughness of the investigation, several investigators maybe assigned to
form a team, the following arrangement is recommended to insure maximum
effectiveness.
a. Officer–in-charge - one who directs the search, assigns duties an assumes responsibility
for the effectiveness of the search.
b. Assistant – one who must implement the orders of the OIC.
c. Photographer – one who photographs the scene and individual pieces of evidence.
d. Sketcher – one who makes a rough sketch of the scene given andlater a finished sketch.
e) Master note taker – one who writes down, in short hand, the observations and
description during the search.
f) Evidence man – one who collects, preserves and tags articles of evidence.
g) Measurer – one who makes overall measurements of the scene.
Information by far is the most important among the tools since it answers the question
“Who did it?” Once acquired, such information will enable the investigator to try to solve the
problem to find the proper solution.
1. ELICITATION
● Obtain information through the process of direct communication
2. CASING
● is reconnaissance or surveillance of a building, place or area to determine its
suitability for intelligence use or its vulnerability in an intelligence operation.
3. SURVEILLANCE
● is the discreet observation of places, persons and vehicles for the purpose of
obtaining information concerning the identities or activities of subjects.
● Definitions of Terms
Pre-surveillance Conference is a conference held before a surveillance is conducted.
Stake-out is the observation of places or areas from a fixed point.
Tailing or Shadowing is the observation of a person’s movement.
Undercover man is a person trained to observe and penetrate certain organization
suspected of illegal activities. Program is the assignment of trained intelligence
personnel to other agencies in order to obtain information
Safe house is a place, building, enclosed mobile, or an apartment, where police
undercover men meet his action agent.
Drop is a convenient, secured, and unsuspecting place where agents can leave notes,
small package or envelope.
Convoy is an accomplice or associate of the subject.
Decoy any person almost similar to the subject used to avoid or elude surveillance.
Contact refers to any person whom the subject picks or deals with while he is under
surveillance.
Made occurs the operation was compromised.
Lost happens when the agent do not know the whereabouts of their subject.
Rabbit (Hare) is a term referring to the subject of shadowing and tailing.
Test for tailing is the common trick of the subject when he becomes conscious that he is
being tailed.
Two (2) General Types of Surveillance
a. Moving Surveillance – Maybe referred to as tail or shadow. A
moving surveillance is conducted when a person, object or activity being watched move
from one place to another. The surveillant may however, move from one vantage point
to another in the immediate area.
b. Fixed Surveillance - Maybe referred to as stakeout. It is conducted when a
person, object, or activity being watched is not expected to move from one area. The
surveillant may however, move from one vantage point to another in the immediate
area.
Two-Man Shadow
Three-Man Shadow or ABC Shadow
Objectives of Surveillance
Hazards to Cover
● Passive opposition – refers to people who are not directly involved in security and CI
activities. (ordinary citizen)
● Friendly or Unhostile opposition – refers to the friendly organizations that may hinder
operations. (police, security agencies)
● Unfriendly or Hostile active opposition – refers to the enemy intelligence operations that may
compromise the under cover. (enemy intelligence operatives)
B. Interview and Interrogation
The term interview may be used to mean the simple questioning of a person
who is cooperating with the investigator. A casual conversation or questioning
of persons having relevant knowledge of the crime committed,
while interrogation may be used to describe the skillful, vigorous questioning of
persons suspected of committing an offense or person reluctant to divulge /
reveal information to the police. It is questioning a hostile witness.
NOTE: Although the “interview” and interrogation have the same purpose, We are preferred
to use an “interview” when questioning witnesses and informants, and “interrogation” when
questioning suspects.
INTERVIEW -
“ The Golden Rule in Interview Never conduct or let anyone conduct an interview if the
interviewer has not gone to the crime scene.”
The investigator must not overlooked to ask the suspect whether he committed the
offense. Sometimes this question is overlooked by investigators in their eagerness to use
refined ways or techniques of modern crime detection. If the questions are intelligent and
forceful, the suspect will be induced to talk.
Techniques of Interview –
The interview of a witness can be described by the acronym “IRONIC” which stands for
Identity, Rapport, Opening Statement, Narration, Inquiry and Conclusion.
himself to the subject by name, rank and agency; except when there is no need to know
the officer’s identity.
Rapport – it is good to get the positive feeling of the subject towards the investigators,
such as friendly atmosphere. The investigator must establish good interpersonal
relationship with the subject.
Opening Statement – the witness/subject(victim) should be told the reason why he is
contacted.
Narrative – the subject should be allowed to tell and narrate all he knows without or
with little interruptions from the investigator.
Inquiry – after all information have been given by the subject, that is the time for the
investigator to ask question to clarify him about the case under investigation.
Conclusion – after the interview, it is but proper to close the interview with outmost
courtesy and thanking the subject for his cooperation.
INTERROGATION
A. Definition of Terms
1. Custodial Interrogation or Investigation is the investigation conducted by the
investigator on the suspect who is under police custody.
2. Debriefing is the interrogation of a friendly interrogee who has information at the
direction of or under the control of friendly unintelligence service.
3. Interrogation Report is an oral or written statement of information by the questioning of
an interrogee.
4. Interrogator is a person who does the questioning.
5. Interrogee refers to any person subjected to the interrogation process.
6. Screening is the initial examination of an interrogee to determine the extent of his
knowledge.
7. Source refers to any person who for any reason submits information of intelligence
interest usually on a voluntary basis.
8. Suspect refers to any person believed to be associated with prohibited activity.
9. Witness refers to any person who has directs knowledge of facts concerning an event or
activity.
B. Forms of Interrogation
1. Direct – the subject is aware but he may not learn the true objectives of the interrogation
2. Indirect – the subject is aware.
C. Types of Interrogation
1. Screening. This is usually applied immediately after capture to obtain background
information about the interrogee (subject).
2. Formal interrogation (detailed). This is the systematic attempt to exploit to an appropriate
depth those areas of the interrogee’s knowledge.
3. Debriefing. It is generally used when the area of knowledge ability of the interrogation is
known.
4. Interrogation of lay personnel (special type). In this type, the techniques are similar to
interrogation but special effort must be made.
5. Tactical interrogation. The level of interrogation where the source has specific and
detailed information that requires a trained expert in the subject matter to be explored.
D. Phases of Interrogation
1. Planning of Interrogation
2. Approach (Meeting the Interrogee). The first meeting in which it is extremely critical because
the outcome may depend on the initial impression created by the interrogator.
3. Questioning. This is the heart of the interrogation.
4. Termination. The termination of the interrogation will depend on various factors such as the
physical condition of the subject.
5. Recording. The interrogator should take notes in cryptic if possible.
6. Reporting. The end product of an interrogation is the Tactical Interrogation Report
containing the information gained. Report must be made orally or in written form.
E. The Techniques of Interrogation
1. Emotional Appeal
2. Sympathetic Approach
3. Friendliness
4. Tricks And Bluff Techniques:
a. The Pretense Of Solid Evidence Against The Accused
b. The Weakest Link
c. Drama
d. Feigning Contact with Family Members
e. The Line Up
f. Reverse Line Up
5. Stern Approach – The investigator displays a stern (demands immediate response)
personality towards the suspect by using the following methods:
a. Jolting –investigator selects the right moment to shout to the subject with a pertinent
question in an apparent righteous outrage.
b. Opportunity to Lie – The suspect is given all the opportunities to lie.
6. The Mutt and Jeff or Sweet and Sour Method
7. Removing the Ethnic or Cultural Barrier
8. Searching for the Soft Spot
F. Additional Modern Techniques of Interrogation
1. Rationalization –use of reasons
2. Projection –putting the blame to other persons, not alone to the suspect.
3. Minimization – It is the act of minimizing the culpability of the suspect.
G. Physical Signs of Deceptions
1. Excessive Sweating
2. Face Color Change
3. Dry Mouth
4. Excessive Breathing
5. Increase of Pulse Beat
6. Avoidance of Direct Eye Contact
A philosophy of Interview and Interrogation
1. Forensic Medicine – used to determine the cause of death as one of the elements of corpus
delicti and it could also approximate the time of death and other pertinent and relevant
matters in the investigation. Forensic Odontology - The remove of dentures are of paramount