You are on page 1of 14

SPECIAL CRIME INVESTIGATION 1

WITH LEGAL MEDICINE (CDI 201)

Group 3 (1st Presentor)


Alon, Justin P.
Bajardo, John Kevin
Cabanas, Perlita J.
Rosales, John Paul
Silorio, Redeil Kent
Sarno, June Aaron K.
Taub, Arrianne Valerie R.
Villegas, Cedric John V.
CHAPTER 1
Special Crime Investigation and Crime Scene Investigation

Introduction

INVESTIGATION - this refers to the process of carrying out a detailed examination


or inquiry usually in official manner, to discover something or somebody.
The term came from the Latin word INVESTIGARE (vestigare in some books)
which means “to track or to look into traces”.
Fundamentally, it may have been derived from VESTIGIUM, another Latin word
which means “footprint”. (Ms Encarta Reference Library, 2009). Criminal
Investigation came from the Latin term Investigat, which means “to inquire or to
discover”.

CRIMINAL INVESTIGATION is a logical process of collection and analysis of


facts about persons, things and places relative to a crime.
It includes:
AS AN ART: because it is governed by rigid rules or fixed legal procedures but most
often based on intuition (logic and tested knowledge, immediate
learning/consciousness) and sometimes by chance.
AS A SCIENCE: because it involves the application of knowledge of forensic
sciences in the process of identifying, locating, collecting, processing, and/or
evaluating physical evidence (Manwong, 2004)
AS A PROCESS: it involves systematic process of identifying, collecting,
preserving, and evaluating data or raw facts to produce valuable information for the
purpose of bringing a criminal offender to justice.
KINDS OF CRIMINAL INVESTIGATION:
There are two kinds of criminal investigation:
1. Investigation while the suspect is under arrest and detention; and
2. Investigation while the suspect is “at large”. It means that the suspect is not under
arrest or detention, as distinguished from fugitive from justice.

Special Crime Investigation – is a special study of modern techniques in the


investigation of serious and specific crimes including murder, homicide, sex crimes,
robbery (Theft and Carnapping), arson, swindling or estafa cases, bank frauds,
kidnapping, bombing, falsification of documents, narcotics control investigation,
and hit and run accident investigation. Special crime investigation focuses on
specific crimes which by their nature are difficult and complex to investigate.’

Special Crime Investigation concentrates more on physical evidence, its collection,


handling, identification, and preservation in coordination with the crime laboratory.
It involves a close relationship between the investigator in the field and the crime
laboratory technician. They work together as a team and both must be competent
and well trained, sharing and extending one another’s theories and finding, working
patiently and thoroughly to know the truth from their criminal enquiries.
Philippine justice system, particularly the court, relies more on physical evidence
rather than extra-judicial confessions and testimonies.

Special Crime and Investigation with Legal Medicine


- It focus with the medical science in crime investigation with emphasis of
human anatomy and physiology. It covers the special study of modern
techniques in the investigation of crimes involving crimes against persons,
and other related offenses.
CRIME SCENE INVESTIGATION
Crime Scene - is a place where the crime has been committed.
Crime incident – refers to the occurrence of a certain crime.
Area of the Crime Scene- it is an adjacent or adjoining area suspected to be the
entrance or exit of the perpetrator.
Crime Scene Investigation- is the conduct of processes more particularly on the
recognition, search, collection, handling, preservation, and documentation of
physical evidence to include the identification and interview and the arrest of
suspect/s at the crime scene.

As a general rule, all crime scene investigation must be done by the police station
who has the territorial jurisdiction of the crime incident unless otherwise specified
by higher authorities to be investigated by some other unit or agencies and must be
recorded in the official police blotter.

Territorial jurisdiction – means that the crime incident happened within the area
or place that a certain police station holds or covers.
Police Station – refers to the office of local police that has a jurisdiction within the
area and exercises control over the community and persons movement by enforcing
the laws necessary for maintenance of peace and order.

Six Cardinal Points of Investigation


WHAT specific offense has been committed? Nature of crime
WHERE crime was committed? Place or location
WHEN it was committed? Time and date
WHOM it was committed? Persons/s involved
WHY it was committed? Reason or motive of
committing the crime
HOW it was committed? Manner, method or modus operandi
Basic Steps in Crime Scene Investigation
1. Recognition- to know what crime has occurred and the possible people involved.
2. Collection- the gathering of evidence in the crime scene.
3. Preservation- proper labeling and security of the evidence lifted from the crime
scene.
4. Evaluation- must to get held of the relevant evidence that traces the perpetrator.
5. Presentation- this is to support the guilt of the perpetrator especially during court
appearance.
Preliminary Investigation- is the action taken by the first officer/responder to arrive
at the crime scene after the detection and report of said crime. Usually, uniformed
patrol officers conducted preliminary investigation.

P-roceed to the scene promptly and safely


R-ender assistance to the victim if any
E-ffect the arrest of the offender
L-ocate and identify witnesses
I-nterview the complainant and witnesses
M-aintain the crime scene and protect the evidence
I-nterrogate the suspect/offender
N-ote all conditions, events, and remarks
A-rrange for the collection of evidence
R-eport the incident fully and accurately
Y-ield the responsibility to the follow-up investigation

Follow-up Investigation-is the effort expended by the police in gathering


information during the period between the initiation of the original report and the
time the case is ready for prosecution or closed.
Composition/Organization of an investigation team:
1.Team leader
2.Investigator/recorder
3.Photographer
4.Evidence Custodian
5.Composite illustrator/Artist

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.

Types of Crime Scene


1.Primary Scene- is the location where the initial offense was committed.
2.Secondary Scene- is the location of all subsequent connected events.
Search Methods of Crime Scene
The Golden Rule in Criminal Investigation
“Do not touch, alter, move, or transfer any object at the crime scene unless it is
properly marked, measured, sketched and/or photographed.”

Figure 1. Search Methods

Wheel, Radial or Spoke Method- this method is applied if the area to be searched
is approximately circular or oval. The searchers gather at the center and proceed
outward a radii or spokes. The setback of this method is that the distance of the
searchers increases as they proceed outward.
Figure 2. Wheel Method

Note: If the area to be searched is indoor, Overlapping Zone search must be


applied. This type of search is used where evidence may be on the walls or in the
ceiling (example: bullet holes, blood splatters, etc.)

Figure 3 Overlapping Zone Search

THE FOUR PHASES OF CRIMINAL INVESTIGATION


1.The identification of criminal.
2.The criminal is traced, located and arrested.
3.The facts or evidence to prove the guilt of the accused are gathered.
4.Pieces of evidence are presented in court.
GOALS OF CRIMINAL INVESTIGATION
Generally, the goals of criminal investigation are the following:
1.To determine whether a crime has been committed;
2.To legally obtain information or evidence;
3.To identify persons involved in the crime;
4.To arrest suspects ;
5.To recover stolen properties;
6.To present the best possible case to the prosecutor.

COMPONENTS OF CRIMINAL INVESTIGATION


1. PATTERN - refers to a series of similarities that may link particular cases or
indicate that the same person is committing a series of crimes.
2. LEADS - these are clues or pieces of information that aid in the progress of an
investigation.
3. TIPS - specifically refer to leads provided by the citizens that aid in the progress
of an investigation.
4. THEORIES -beliefs regarding the based on the evidence, patterns, leads, tips and
other information developed and uncover in the case.

TRICHOTOMY OF CRIMINAL INVESTIGATION


1. Training Being a critical factor in developing good and competent investigator, is
the key to freedom from bandage of ignorance.
2. Tools To establish facts and develop evidence, a criminal investigator must use
these tools-information, interview, interrogation, and instrumentation.
3. Technique Essence of tactical strategy in investigation.
3 Tools of Investigation

1. Information –
- It is the knowledge /data which an investigator acquired from other persons
and records.
2. Interview and Interrogation
Interview -Is a conversation with a purpose ,motivated by a desire to obtain certain
information from the person being interviewed as to what was done, seen, felt, heard,
tasted, smell or known.
This is the questioning of a person believed to possess knowledge that is in
official interest to the investigator.
Interrogation - Is a questioning of a person suspected of having commited an
offense or a person who is reluctant to make full disclosure of information in his
possession which is pertinent to the investigation .
3. Instrumentation
It is the application of instruments and methods of physical science to the
detection of crimes.In cases where there are no significant physical evidence to be
found,then the use of instrumentation is relatively unimportant.

Physical Evidence to identify Criminals :

1.Corpus delicti - is the body of the crime or fact of specificloss or injury sustained.It
constitues the essential parts or elements in the commission of the crime.
2.Associative evidence - these are the pieces of evidence that will link the suspect to
the crime scene such as weapons,tools,garments or prints.
3.Tracing evidence - articles which assist the investigator in locating the
criminal.Stolen goods in the possession of the suspect in an example of tracing
evidence.
Rules and Laws play a crucial role in the foundation of criminal investigations.
Some important and relevant topics in this context include:

Jurisdiction: This refers to the legal authority of a court or law enforcement


agency to hear and decide cases within a specific geographical area. Jurisdiction is
essential in determining which courts have the power to investigate and prosecute
criminal cases.

Evidence collection and preservation: Rules and laws govern how evidence
should be collected, handled, and preserved during an investigation. This includes
the chain of custody, which tracks the movement of evidence from the crime scene
to the courtroom, ensuring its integrity and admissibility in court.

Warrants and search procedures: Warrants are legal documents that authorize
law enforcement officers to search a person, place, or object. Procedures for
obtaining and executing warrants are governed by rules and laws, ensuring that
searches are conducted within the limits of the law and individual rights are
protected.

Interrogation and confessions: Rules and laws regulate the process of


interrogation and the admissibility of confessions in court. These guidelines aim to
prevent coercion, intimidation, or deception during interrogations, ensuring that any
confessions obtained are voluntary and reliable.

Miranda rights: Named after the U.S. Supreme Court case Miranda v. Arizona,
these rights inform individuals of their rights during police custody, including the
right to remain silent and the right to an attorney. These rights are crucial in
maintaining fairness and preventing self-incrimination.

Right to counsel: Individuals accused of crimes have the right to legal


representation. Rules and laws govern when and how this right is provided, ensuring
that the accused receives a fair trial and can effectively defend themselves against
criminal charges.

Discovery and disclosure: Rules and laws dictate the exchange of information
between the prosecution and defense in a criminal case. This process, known as
discovery, allows both parties to access relevant evidence and prepare their cases
fairly.

Plea bargains: Rules and laws govern the negotiation and acceptance of plea
bargains, which are agreements between the prosecution and defense to resolve a
case without going to trial. These guidelines ensure that plea bargains are voluntary
and based on a full understanding of the consequences.

Double jeopardy: This principle, protected by the Fifth Amendment to the U.S.
Constitution, prohibits trying a person twice for the same crime. Rules and laws
ensure that this right is upheld and that individuals are not subjected to multiple
prosecutions for the same offense.

Victims' rights: Rules and laws increasingly recognize the rights of crime
victims, providing them with support, information, and participation in the criminal
justice process. These provisions aim to ensure that victims' interests are considered
and their voices heard.

Understanding these rules and laws is essential for anyone involved in the criminal
investigation process, as they form the foundation for fair and effective
investigations and prosecutions.
ROLE AND QUALITIES OF AN INVESTIGATOR
The initiation of the investigative process primarily relies with the question "Is
the act performed constitutes a crime as defined by law" or "Is the law being
violated"? If the answer is yes, then investigators must exhaust all means to uncover
the facts surrounding the commission of the crime. If investigators find that a crime
was not committed or the act performed is not tantamount to a crime, then obviously
they should not interfere with the matter.
Meanwhile, investigators play an important role in the success of criminal
investigation. As they are the primary individual who gathers and collects relevant
information concerning the crime and later on give testimonial evidence in court. As
such, they should possess the following qualities to become an effective investigator:

1. Good communication - this refers to the capability of the investigator to interact


both in written and oral. This means that they can do effective interview either to the
witness or suspect as well as be able to write a written report when required to do
so. Effective interview means a fruitful interaction between the investigator and the
people as he gathers information without language problem.

2. Active listener - this refers to the ability of the investigator to attentively hear the
testimony given by a witness and be able to identify hearsay statements or false
statements. Hearsay are those statements made by the person who does not witness
the actual commission of the crime while false statements are those statements which
are purely fictitious and are invented only by the witness.

3. Critical thinking - this refers to the analytical skills of the investigator while he
formulates judgment based on the testimonies given by witnesses and evidences
gathered in the course of investigation.

4. Work under pressure - this refers to the capacity of the investigator to go through
the Investigation process despite of obstacles and hindrances that he may encounter
such as but not limited to lack of resources, inadequate investigative leads and clues
and others. Investigative leads refer to the information gathered from people
specially those who are within the immediate area where the crime took place while
clues refer to the pieces of signs and traces which helps in identifying perpetrators.
5. Innovativeness - this refers to the flexibility and resourcefulness of the
Investigator in trying to uncover the identity and location of the perpetrator. This
includes finding all possible ideas that he may take in the course of investigation.

6. Integrity - this refers to the honor and honesty of the investigator in solving the
case and avoid unethical issues that will discredit his image.

7. Knowledge about rules on evidence - this refers to the knowledge of the


investigator about evidence handling which includes but not limited to preservation,
marking, tagging, packaging, and the requirements as to how such evidence will be
admitted in court during presentation.

Moreover, these qualities should not be possessed only by an investigator but


rather should be enhanced in response to the changing society. This could be possible
through different seminars and training in the line with an effective investigation.
Seminars are more in line with discussions or meetings while trainings are more
inclined with actual or practical exercises and demonstrations.

You might also like