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CRIME SCENE INVESTIGATION AND RECONSTRUCTION

MODULE 3

CRIME SCENE
INVESTIGATION AND
RECONSTRUCTION

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CRIME SCENE INVESTIGATION AND RECONSTRUCTION

Technical and Legal Aspect of Witness

Lesson Objectives:
1. Enumerate the different types of witness;
2. Differentiate technical and legal classification of witness; and
3. Elaborate the exemption to hearsay rule.

The term “witness” is used both in technical and legal perspective. Technically,
witness is defined as any person who have seen or knowledge regarding the commission
of the crime. This could be further classified as:
1. Prosecution witness – refers to any person brought before trial to offer testimony
in favor for the prosecution and is used to add incriminatory evidence to the
accused.
2. Defense witness – refers to any person who is brought before trial to strengthen
the alibi of the defense and to disprove the charge of the prosecution.
3. Character witness – refers to any person who offers a testimony in line with the
character reputation of some other person which will then serve at some point as
to whether or not the testimony of that person will be given credit or not.
4. Eyewitness – refers to any person who has seen the actual commission of the
crime either whole or only part of its commission.
5. Child witness – refers to young individual who offers a testimony concerning a
crime.
6. Dumb witness – these are those witnesses who by reason of some mental faculty
are unable to provide an accurate detail regarding the crime which is typically
common among uneducated individual.
7. Honest witness – these are those witnesses who cooperate and avoid
exaggeration or falsehood in providing testimonies concerning the crime.
8. Fearful witness – these are those persons who are afraid of being involved in the
prosecution of the accused or simply shy to face the open court.
9. Egocentric witness – refers to a witness who is prone to exaggeration of the
things he had observed and may attempt to add facts which are not part of the real
scenario.
10. Hostile witness – these are those witnesses who are uncooperative and do not
wish to provide information necessary for the prosecution of the case.
11. Suspicious witness – are individual witnesses who are doubtful about the true
intention of the investigators or the police as a whole.
In legal perspective, the law and the Revised Rules of Court define and qualify a
witness as “any person who can perceive, capable of perceiving, and can make known
his perception to others” can be a witness.

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Under the Revised Rules of Court, the law further classify witness as either:
1. Ordinary witness – these are those witness who may be allowed to testify
regarding the following:

a. About the identity of the person whom he had knowledge;


b. Handwriting of the person of which he had familiarity; and
c. Mental sanity of the person whom he had acquainted.

2. Expert witness – are those witness who by reason of their knowledge, skills,
training or experience may be allowed by the court to give their opinion.

CRIME SCENE INVESTIGATION AND RECONSTRUCTION

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CRIME SCENE INVESTIGATION AND RECONSTRUCTION

Lesson: Procedures in Criminal Investigation

Lesson Objectives:
1. Discuss the procedures in criminal investigation;
2. Explain the process how the crime reaches the attention of the police;
3. Explain the responsibility of first responder upon reaching the crime scene;
4. Discuss the job of the investigating team; and
5. Discuss the basic priorities in criminal investigation.

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 recorder 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 moreover 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 the maintenance of peace and order. The same
is responsible in providing immediate response to the community as the need arises.
Also, crime incident differs from crime scene such that crime scene again refers to the
place where crime took place and where physical evidence can be found while crime incident
refers to the occurrence of a certain crime.
Illustration: A committed murder (Crime Incident) in the house (Crime Scene) of B.
In the process of investigation, crime scene must be preserved as it contains the essential
ingredients surrounding the commission of the crime. On the other hand, crime incident must be
established as it will guide investigators in filling the proper charge.
In what way are police officers be notified in the event that a crime happened?
In the event that a crime happens, it reaches the attention of the police through;
1. A concerned citizen who witnessed the crime incident;
2. An accidental discovery of some citizen; or
3. The action itself of the police officer in patrol.
Those who are in patrol are commonly regarded as the first responder as they are those
who are employed in the community with the end purpose of crime prevention. As part of their
duties, first responder must do the following:
1. Proceed to crime scene and validate information regarding crime incident;
2. Record all relevant facts and the time of arrival at the crime scene;
3. Cordon the area, meaning isolate the place so that unauthorized persons cannot enter
the scene or the suspect cannot destroy the evidence;
4. Identify possible witness and do the preliminary interview if feasible;

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5. Arrest suspects/s if they are around or recommended for the conduct of dragnet
operation which pertains to an operation conducted to seal off possible exits of the
suspect/s;
6. Be ready to take dying declaration of injured person. A dying declaration is a
statement made by a person who is under the impending death in which such
declaration is related to the facts in which the person is competent to testify;
7. Evacuate wounded person and/or account killed, wounded or arrested person;
8. Conduct initial investigation and briefing of investigator case (IOC) upon his arrival at
the scene; and
9. Conduct initial inventory of all possible evidence at the crime scene which must be
signed by him, the SOCO and by the investigator.

After such procedure, the investigating team will take full control of the crim scene which
includes the conduct of crime scene search, generating sketches as well as the taking of
photograph, lifting of fingerprints, making and tagging as well as the collection of physical
evidence and the like. Investigating team refers to the group of police personnel charged with
the investigation and processing of the crime scene which includes but not limited to the search,
collection, marking, tapping, preservation, and transfer of evidence.
Further, investigating team is composed of the following:
1. The team leader;
2. Investigator;
3. Photographer;
4. Evidence custodian; and
5. Artist.
Upon the takeover of the investigating team, they ensure that the investigative procedures
are followed such as:
1. Record the date and time od arrival as well as all other important details in the crime
scene;
2. Photograph and video of the crime scene;
3. Arrest of suspect/s if their identity is apparent; and
4. Separate possible witness to get their individual accounts.
Further, whatever the situation in the crime scene might be, it must be noted that the
paramount concern of the investigating team should be the preservation of the human life.
investigator or any of the investigating team must be aware to know what task should be given
priority in the conduct of investigation.

CRIME SCENE PROCESSING

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Lesson Objectives:

1. Discuss the method of search;


2. Explain the purpose of the making, tagging, and collection of evidence;
3. Discuss the importance of photographing the crime scene;
4. Discuss the rules in sketching crime scene;
5. Illustrate the process of evaluating, preserving, and releasing of evidence;
6. Explain the proper chain of custody and transmittal to crime laboratory; and
7. Illustrate the proper releasing of the crime scene.

It is true that the investigating team must give priority to the human life, nevertheless, they
must exhaust whatever means to secure and preserve the crime scene for it contains all the
necessary ingredients for the prosecution of the case. As such, they must reconsider the
necessary steps in order to collect all available evidence and maintain the integrity of the crime
scene by remembering “MAC’ rule which simply stand for:
1. Mutilate – meaning do not remove anything from the crime scene;
2. Alter – do not change anything in the crime scene; and
3. Contaminate – do not add anything to the crime scene.

Also, the investigating team must remember that nothing should be touched, altered or
removed unless everything is photographed, noted, measured, and indicated in the sketch as
these are the golden rule in the processing of crime scene. They should also take into
consideration those transient evidence or fragile evidence. Transient evidences are those
evidence which when not collected at appropriate time may diminish or loss its value such as
urine, blood, semen, etc. on the other hand, fragile evidences are those evidence which may be
broken if collected inattentively.

METHOD OF SEARCH
Crime is unique with respect to one another which means that the search for an individual
object should be based on the physical characteristics of the scene in order to collect all possible
evidences present in the area. Therefore, investigating team should be careful in selecting the
best method of search that will correspond to the present crime.
Further, Method of Search is defined as the systematic procedure employed by the
investigating team in order to recognize, collect, and preserve the evidence or any object/s found
in the crime scene that has a logical connection to the case.
In the conduct of crime scene search, the following methods may be employed based on
the physical characteristics of the place such as strip method, double strip method, spiral search
method, zone search method and wheel search method.
Strip Method is done through following a straight path in an area. Upon reaching the end,
searching turns and follows again a straight path but parallel to the first to the first path he takes.
This process continues until the search of the entire area is done.

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Double Strip Method is almost similar with strip method. As the term suggests, “double”,
meaning after the entire area is done searching using strip method, the searcher will again start
another process but this time at the other side at right angles from where you started.
Spiral Method is done when the area to be searched is circular in nature. The searcher
may start either from the center or outside although commonly searcher usually starts from the
outside following a circular shape until they finish searching the entire area.
Wheel Method is also applicable in circular areas similar to the spiral method. However,
the searcher in the center and is best applied when there are plenty of searchers. From the center,
they follow a straight path toward outside unlike in radial that they follow a circular pattern.
Zone Method is best applicable in crime scene covering a wider range. In this method,
the crime scene is divided into four quadrants and the searcher may select what type of search
should be done in each quadrant. It could either be strip, double strip, radial, wheel, or zone
method.

Making, Tagging and Collection of Evidence

After the search of an evidence, collection follows. However, any object/s found must be
properly marked, tagged, photographed, measured, and indicated in the sketch before its actual
collection. Making of evidence refers to the process of identifying and recognizing any objects
in the crime scene by way of placing the appropriate evidence tag containing the description of
the item, the date and the initial of the collecting officer. Collecting of evidence refers to the
actual gathering and lifting of evidence from the crime scene to the custody of the appropriate
office.

Photographing the Crime Scene


In processing the crime scene, investigating team must consider the proper taking
photographs and making of sketch. Photographs should depict the actual scenario of the crime
scene and portray the proper placement of the individual evidence. Moreover, all individual
evidences must be shown in the sketch with precise measurement. All these procedures must be
written in the investigator’s notebook. An investigator’s notebook refers to the pad of paper
such as work pad, tickler, or notepad and the like which used to remember the details regarding
the commission of the crime and in any manner aids the investigator in refreshing his memory to
recall matters related to the case under investigation.
In taking of photograph, investigating team must consider the following angle/views to
properly appreciate the crime scene such as:
1. General view – these are taken outside the crime scene purposely to show location,
direction, and the place of crime incident;
2. Medium view – these shots are taken to show the different divisions of the crime scene
as this view will allow investigators to clearly see the nature of the crime committed;

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3. Close-up view – these shots are done to individual evidence to show what constitute the
crime and how it was committed.
Further, gradual shots of an individual evidence may be taken from a standard position in
order to show the relationship of one evidence to another or how individual evidence is close or
far from one another. Technically, this is referred to as progressive photography which include
shots taken in long range, midrange, and/or close-range distance.
The following guidelines also in line with taking photographs must be noted by
investigating team such as:
1. Take overall photos of the scene which includes street signs, areas, streetlight location
near the crime scene, and any identifying objects;
2. Pictures of every room must be taken though they are not apparently connected to the
crime scene;
3. Photograph must be taken from at least 2 opposite corners but 4 corners is better;
4. If possible, take photos from above or ceiling to avoid the possibility of missing any
evidence; and
5. Keep a photo log during crime scene processing.

Sketching the Crime Scene

In line with sketch, the artist should be able to draw and portray the crime scene. The
same must remember the elements of the sketch which includes the following:
1. Title – this includes the basic information regarding the case such as the nature of the
crime, the time and date of crime incident, and the location of the crime.
2. Measurement – this pertains to the dimension and the distance of the relative object to
one another.
3. Essential items – these refers to the pieces of physical evidence found at the crime
scene.
4. Legend – this refers to the use of words or numbers to represent an item in the crime
scene.
5. Compass direction – refers to the north direction from when the sketch was drawn.
6. Scale of proportion – is the representation of the sketch to the actual size of the scene.
In addition, the artist must also prepare a rough sketch and finished sketch. Rough sketch
is drawn by the artist at the crime scene containing all the necessary details regarding the crime.
Finished sketch on the other hand is drawn by the artist for court presentation and is commonly
done in the office. Remember to keep the rough sketch even after the preparation of the finished
sketch.
Sketcher must take note also the type of sketch drawn such as:
1. Floor plan or birds eye view – a type of sketch drawn from above;
2. Elevation sketch – a type of sketch drawn to show the given side of area;
3. Exploded view sketch – a type of sketch drawn to show the relationship or order of the
whole parts; and

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4. Cross-projection sketch – a type of sketch wherein the ceiling and/or walls are flattened
all out in the ground.
In drawing a crime scene, floor plan or birds eye view sketch is commonly used. However,
in cases where some evidence was placed in the walls or ceiling (example: Dress was thrown
and hang on the ceiling fan) cross-projection sketch is better.
Additional guidelines on drawing the sketch includes the following:
1. Indicate the nature of the crime and the place of incident as well as the name of the person
who prepare and drew it. For better understanding, use of capital letters and numbers are
highly suggested such that;
a. Capital letters – for basic parts or accessories of the place
b. Numbers – for individual evidence
2. Indicate the position, location, and how objects relate to one another;
3. Use standard symbol while sketching;
4. Use arrow to show the direction and stairways; and
5. Be consistent with the units of measurement such as centimeter, inches, yard, meters,
feet, etc.
To aid the investigators in measuring individual evidence with respect to any other object/s
in the crime scene, the following methods should be considered and must be used based on the
physical characteristics of the crime scene:
1. Rectangular method – find fix post at a right angle to serves as the base;
2. Triangulation method – find two fix points to the evidence that must be plotted or located.

EVALUATION, PRESERVATION, AND RELEASING OF EVIDENCE

Evaluation of evidence refers to the process of assessing the significance of individual


evidence that should be subjected for further examination such as transmittal of firearm to crime
laboratory for ballistics examination or transmittal of electronic devices such as cellphone or
laptops to Anti-Cybercrime Group (ACG) for digital examination.
Preservation of evidence refers to the measures employed in order to maintain, protect,
and safeguard the original state of physical evidence from the time it was collected up until the
time that it will be released to appropriate personnel. It must be noted that it is the primary
responsibility of the investigator to preserve the evidence until it will be transferred to the hands
of the evidence custodian. Take note that evidence custodian is the person who take charge with
the responsibility and control in handling and disposal of evidence.
Releasing of evidence on the other hand refers to the discharge of individual evidence
upon the order of the court and/or prosecutor.

Chain of Custody and Transmittal to Crime Laboratory

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Chain of custody in every crime investigation should be maintained at all cost as any
inconsistencies in the handling of evidence may result to the incompetency of the same resulting
to its inadmissibility during court presentation. Chain of custody again is defined as the transfer
to evidence from one person who holds supervision or care of such evidence to another person
from the time it was gathered at the crime scene up to the time it will be presented in court. It
includes the list of all personnel who handled the evidence from collection until court presentation.
As part of the procedure, all physical and/or seized evidences must be in the custody of
the investigator unless a laboratory examination is needed, thereby he will transmit the evidence
to the evidence custodian only and must be placed in the evidence room for safekeeping.
Safekeeping simply refers to the security or protection of physical evidence.

In addition, the following should be noted in adherence to the standard procedures in


maintaining the chain of custody such as:
1. Proper recording of areas or location from which evidence was gathered;
2. Proper marking of evidence for accurate identification; and
3. Completing the evidence submission form for laboratory analysis.
For proper documentation, an evidence log should be maintained. Evidence log is any
material upon which the writing or note taking is done to keep and maintain the record and
disposal of evidence. This will guide investigators as to who are the persons who handle and
possess whatever physical evidence are transmitted.

Release of the Crime Scene

Release of the crime scene is defined as the discharge of the crime scene from the
custody of authorized law enforcement officer to the lawful occupant, owner, or any person who
is charged with the responsibility and management of the place where the crime happened.
In releasing the crime scene, the following should be observed:
1. All physical evidence must be properly marked, tagged, and labelled;
2. Ensure that proper inventory of all item is done;
3. Error should not be entertained as there is only one chance to process the crime scene;
and
4. Release the crime scene only after final survey and proper documentation. Final survey
refers to the action taken by the investigating team to ensure that all items have been
gathered which includes that proper documentation of all circumstances under which the
physical evidence was collected.

LESSON: RECONSTRUCTING THE CRIME

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Lesson Objectives:

1. Discuss the purpose of reconstructing the crime;


2. Explain how perpetrator commit crime; and
3. Discuss the ways of establishing the identity of the subject.

Crime scene reconstruction is one of the most difficult and tiring job of investigators as
this involves the process as to how perpetrator commits then crime. Crime scene reconstruction
is defined as the scientific ability of investigators to make useful observations of physical evidence
in the crime scene through a logical approach in theorizing as to how the crime was committed.
This also involves systematic methodology in incorporating all available information gathered as
well as the arrangement of physical evidence in the crime scene to provide a rational, reasonable,
and acceptable explanation as to how the crime was committed.

Reconstruction
To properly reconstruct the crime, the following stages should be observed to arrive at a
move convincing explanation as to how the crime committed:
1. Appreciation – is the process of recognizing the potential physical evidence that has or
may have evidential value and separate it from those items which are not significant in the
progress of the investigation;
2. Comparison – is the process of comparing groups of standards from the one collected at
the crime scene to establish its identity;
3. Individualization – this involves the process of establishing the uniqueness of the
physical evidence taken from the crime scene;
4. Reconstruction – is the final stage undertaken in order to fully reconstruct the crime
considering all related factors such as crime scene evaluation, laboratory results,
individually physical evidence and other independent information from various sources to
provide better understanding and explanation as to how the crime was committed.
It must also be noted however, that crime reconstruction is different from crime scene
reenactment and crime scene recreation such that, crime scene reenactment is the process of
reenacting and portraying the crime incident based on their previous knowledge regarding the
event by having the offender, victim or witness to play such role while crime scene recreation is
the process of substituting all necessary items or actions at the crime scene through the use of
what is documented or with the aid of investigators log.

Modus Operandi and Profiling of Suspect


One important means in order to aid the investigators in reconstructing the crime is through
the establishment of the perpetrator’s modus operandi. Modus Operandi refers to the manner
and methods employed or used as well as the sequence of various actions taken by the
perpetrator in committing the crime. It is otherwise known as the method of operation.

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On the other hand, profiling of suspects can be very useful in determining the identity of
possible individual who may have committed the crime. Profiling is defined as the psychological
process of establishing the characteristics of the most likely individual who might have committed
the crime based on the evaluation of the crime scene and the placement of physical evidence.
In identifying suspects, Rogues gallery can also be very helpful. Rogues gallery refers to
the compilation of photographs of known criminals. If someone had witnessed or seen the
suspects face. Cartographic sketch refers to the composite drawing of a suspect’s face done by
an artist to assist police investigators in establishing the identity of the person who might have
committed the crime.

Crime Scene Processing Equipment


Investigating team and/or crime laboratory must have the following basic equipment when
responding to area calling for crime scene processing. These includes but not limited to the
following:
1. Camera
2. Marker
3. Evidence tag
4. Evidence seal
5. Measuring device
6. First aid kit
7. Graph paper and pencil
8. Evidence bag
9. Crime scene barricade
10. Protective box for basic paraphernalia

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