THE TRICHOTOMY OF CRIMINAL INVESTIGATION

To understand further the nature of criminal investigation,

three vital elements must be considered-TRAINING, TOOLS, AND
TECHNIQUES.
TRAINING
– being a critical factor in developing good and competent
investigator, is the key to freedom from bondage of ignorance.
-Ignorant person cannot become competent investigator. Learned
and professional investigators are effective weapons against
crimes.These kinds of investigators can be produced through
organized training.
-Their training, however, is a dynamic process-it never ends.
-Training is effective only on men with self-discipline and prolific
minds.
-Through training, a person can build his confidence, broaden his
vision for professional growth, and strengthen his will to survive
during crisis.
TOOLS
- to establish facts and develop evidence, a criminal investigator must
use these tools-information, interview, interrogation and
instrumentation.
-Most dilemmas encountered by detectives are caused by too much
reliance only on the tools of investigation. While information,
interview, interrogation and instrumentation are vital components of
investigation, complete dependence to these usually leads messy
investigation.
-Therefore, success of criminal investigation depends on action
between investigator’s training and the tools and techniques he uses.
TECHNIQUE
- the war against crimes today is not won by more men and powerful
guns but through modern but subtle techniques.
-Some people insist that courtroom battle is won by clash of words
and wealth. Courtroom veterans are aware that they engage in trial,
legal battle of techniques begins.
-A criminal investigator with obsolete technique is like a soldier who
enters combat zone with outdated weapon.
-Technique is the essence of tactical strategy in investigation.
-One secret of successful investigators is they maintain sympathetic
image. They project charismatic personality.
-Consequently, they are being looked upon by the public as a friend
and not an enemy.
TOOLS OF CRIMINAL INVESTIGATION
To achieve the goals of criminal investigation, the investigator
must know how to use the available resources or tools. There are
indispensable tools that can be used by the criminal investigators to
successfully solve criminal cases. These are identified as information,
interview and interrogation and instrumentation. The use of these
tools are vary based on necessity and actual situation.
LEGAL DIFFERENCE OF INTERVIEW AND INTERROGATION
In any criminal investigation process, interviewing and
interrogation are the most important means to obtain needed
information about a crime. Both require a combination of art and skill
that must be cultivated and practiced. Not all people who possess
information needed by the investigator are willing to share it. This is
true in both interviews and interrogation.
Witnesses may have various motivations and perceptions, for
example, that could influence their responses during an interview.
These motivations and perceptions may be based on either
conscious choice on subconscious stimuli. In addition, gaining
information from specific demographic groups like the elderly and
children requires unique skills on the part of the investigator.
Situational characteristics such as the time and place of the
interview/interrogation may also create challenges to eliciting
knowledge about a particular case. Each of these conditions must be
effectively addressed in both an interview or interrogation setting.
INTERVIEW
-It is the questioning of a person believed to possess information
which is relevant to the investigation of a crime or on criminal
activities.
-The method of obtaining an information from another person who is
aware that he is giving a wanted information, although he may be
ignorant of the true connection and purpose of the interview.
-An interview is a questioning of a person believed to be possessed
knowledge that is of official interest to the investigation.
THE GOLDEN RULE OF INTERVIEW
“Never conduct or let anyone conduct an interview if the
interviewer has not gone to the crime scene”.
The questioning should be in agreement with the facts and
conditions at the crime scene. The questioning will lead wayward for
the interviewer who had not seen personally the crime scene and he
will not be in a position to distinguish half-truths, exaggerations or
falsehood from the answers of the person being interviewed.”
QUALITIES OF A GOOD INTERVIEWER
1) RAPPORT
– it is the development of intimacy between the interviewer and the
interviewee.
- It is winning the confidence of a person being interviewed in order
that he will tell all the information in his possession.
- The interviewer must be in respectable civilian attire because many
thinks that uniform is intimidating.
2) FORCEFUL PERSONALITY
- The appearance of the interviewee and other qualities such as skills
of communication techniques and the force of his language are the
mainstays of the strength of his character.
3) KNOWLEDGE OF HUMAN BEHAVIOR
- The ability of the interviewer to determine the personality and
intelligence of his subject.
- He must go down and up to the level of understanding of his
particular subject – the interviewee.

4) CONVERSATIONAL TONE OF VOICE

- His tone of voice must be conversational, not confrontational as in
interrogation.
5) COMMON INTEREST
- His preliminary probing questions should be aimed to establish
common interest between him and the subject.
6) ACTING QUALITIES
- He must possess the qualities of an actor, salesman, and
psychologist and know how to use the power of persuasion.
7) HUMILITY
- He must be courteous, sympathetic and humble, ready to ask
apologies for the inconvenience of the interview.
REASONS WHY WITNESSES REFUSE TO TALK AND TESTIFY
1) FEAR OF REPRISAL
- It is always entertained by witnesses who lack the courage to face
the suspect, his company or relatives.
- This is natural for witnesses who have no means to protect
themselves or no influential person to rely on.
- The investigator’s power of persuasion plays a vital role.
2) GREAT INCONVENIENCE
- The ordeal of testifying in court is an inconvenience on the part
hands-to-mouth and to the unemployed.
3) HATRED AGAINST THE POLICE
- This hatred maybe due to previous bad experience with rogue
members of the policeorganization.
4) BIAS OF THE WITNESS
- The witness maybe an acquaintance, friend, helper, or benefactor of
the suspect.

5) AVOIDANCE OF PUBLICITY
- There are witnesses who are shy and they shun publicity that will
bring them discomfort to their ordinary or obscure way of living.
6) FAMILY RESTRICTION
- Some famous and respected families preserve their reputations by
instilling to them members the need of approval of their elders on
matters affecting their families.
7) BIGOTRY
- Religious or racial, tribal or ethnic indifference.
8) CULTIST INDOCTRINATION
- Some cults or religious denominations exercise religious or moral
influence on the decision of witnesses to testify.
-It would be more apparent when the witness and the suspect
belongs to the same cult.
COMMON TECHNIQUE TO CONVINCE WITNESSES TO TALK
AND TESTIFY
Many of these witnesses want that they will not be utilized as
formal witnesses but to remain anonymous. The investigator must
initially agree that the testimonies be given the shroud of
confidentiality. After the full disclosure of the information, the
investigator then persuades these witnesses to be utilized as formal
witnesses especially when there is the necessity of the testimonial
evidence. The power of persuasion plays a key role.
STAGES OF HANDLING THE INTERVIEW
1) PREPARATION
- The investigator should review the facts at the crime scene and
information from other sources in order that he would be ready for the
questioning.
- A background data of the subject should be available so that he
could adapt himself to the kind of approach to be employed.

2) APPROACH
- The investigator must carefully select his kind of approach, which
maybe a single kind, a combination of two or the application of all the
techniques.
3) WARMING UP
- This is being done by preliminary or exploratory questions to clear
the atmosphere, promote a conducive ground for cordiality, respect,
and trust for each other.
4) COGNITIVE INTERVIEW
- The subject is now asked to narrate his account without interruption,
intervention or inference.
RULES IN QUESTIONING
1) ONE QUESTION AT A TIME
- Avoid multiple, complex and legalistic questions.
-One question at a time is desired.
2) AVOID IMPLIED ANSWERS
- The nod of the head or any other body language as a response to
the question should be avoided.
-The answer must be oral, clear, explicit and responsive to the
questions.
3) SIMPLICITY OF QUESTIONS
- A short simple question at a time is required. Avoid legalistic
questions.
4) SAVING FACES
- Embarrassing questions on the subject on matters of exaggeration
or honest errors about time, distance and description can be avoided
if the investigator will cooperate with subject to “save his face.”

5) YES AND NO ANSWERS

- Do not ask questions which could be answered by YES or NO.
-It will curtail the complete flow of information and will lead to
inaccuracy.
TYPES OF WITNESSES ACCORDING TO THEIR ATTITUDE
1) KNOW-NOTHING TYPE
- These are the reluctant types of witnesses.
-They are among the uneducated and of low level of intelligence.
2) DISINTERESTED TYPE
- This is the uncooperative and indifferent subject.
-Their indifference should be demolished to arouse their interest or
be flattered.
3) THE DRUNKEN TYPE
- The style of questioning by the investigator should be adapted to
the psychology of the subject.
-When the drunken subject sobered, another interview will be
conducted, confronting him about his disclosures while in the state of
drunkenness.
-Written statement must be taken during his sobriety.
4) SUSPICIOUS TYPE
- These types of witnesses are suspicious about the motive and
actions of the investigator.
-The barrier of the suspicions may be removed by sincere
explanations or psychological pressure.
5) TALKATIVE TYPE
- These are witnesses who are prone to exaggerate, adding irrelevant
or new matters to their narrations.
-The skillful investigator could prune the unnecessary matters from
relevant ones.
6) HONEST WITNESSES
- These are truthful and cooperative witnesses where the investigator
could rely upon, with little or no problem in handling them.
7) DECEITFUL WITNESS
- These are liar type of witnesses.
-Let them lie and order them to repeat several times their narrations.
They will be enmeshed in contradictions.
8) TIMID WITNESS
- They are the shy-type of witnesses.
-The approach must be friendly and reassuring confidentiality of their
information.
9) BOASTING, EGOISTIC, OR EGOCENTRIC WITNESSES
- They will be good witnesses because of their ability of expressing
their accounts of the commission of the crime.
-They are susceptible to add color or importance in their role as
witnesses, probably under-rating the accounts of others.
10) REFUSAL TO TALK WITNESSES
- These are the most difficult subjects to deal with. The causes
maybe trauma, shock, fear, hatred, and others.
STATEMENT ANALYSIS
-All complaints and testimonies of witnesses are subjected to the
crucible of truth.
-Utmost care must be exercised before concluding the culpability of
the suspect.
TESTIMONIES BE REDUCED TO WRITING
-Complaints and testimonies shall be reduced to writing in the form of
Questions and Answers –never use an affidavit form.
-Complaints and testimonies must be placed under oath before an
officer authorized to administer oath.
OBJECTIVES OF INTERVIEW
1. Interviews are conducted in criminal cases for the purpose of
gathering information from people who have or may have knowledge
needed in the investigation.
2. The information may come from a victim or from a person who has
no other relationship to the criminal activity other than being where he
or she was.
TIME, PLACE, AND SETTING OF THE INTERVIEW
a. Police officers conduct interviews in a number of situations. The
most common is the onthescene interview.
b. The physical circumstances under which the interview takes place
can be critical to the value of the information obtained.
c. Although convenience of the witness is important to a successful
interview, the interviewer need not relinquish the psychological
advantage.
d. Privacy is of the utmost importance in conducting interviews.
e. The physical and emotional states of the witnesses are important
in conducting or in determining whether to conduct an interview.
INTERVIEW SIMULATION
Conducting interviews is a core task of law enforcement. How
interviews are conducted can have a profound impact on the
outcome, fairness, efficiency and reliability of any subsequent
criminal proceedings.
Police, other law enforcement officers and officials from other
investigative bodies are bound to respect and protect the inherent
dignity and physical and mental integrity of all persons – including
victims, witnesses and suspects – during questioning.
NON-ACCUSATORY INTERVIEWS
-Most interviews conducted by investigators will be non-accusatory in
nature.
-The investigator uses these interviews to establish as much
information as possible about the event under investigation.
-Even when a suspect has been identified and an interrogation is
planned the investigator will interview the suspect prior to the
interrogation.
-This pre-interview may occur on the telephone, in person,
immediately prior to the interrogation or as a witness interview early
in the investigation.
WITNESS INTERVIEWS

✓ Interviews conducted with witnesses should be non-accusatory.

Investigators must make a systematic effort (a canvass of the area of
the incident) to interview all witnesses so that a thorough
investigation is completed.

✓ Some witnesses to a crime may eventually become suspects but

they should not be treated as such until the investigator feels that
there is adequate evidence to infer this and is prepared to proceed
with an interrogation.

✓ During a witness interview the investigator should ask open ended

questions allowing the witness as much time to answer in as much
detail as he or she wants.

✓ If the witness' answers are too short or lack description the

investigator should ask follow up questions to elicit further detail.

✓ The questions asked of witnesses will vary depending on the

investigation. In general, the witness should be asked to describe
what they observed in as much detail as possible, what involvement,
if any, they had in the event; their knowledge of, or relationship with,
any of the participants, and personal information (name, age, phone
number, address).
HERE ARE SAMPLE INVESTIGATION INTERVIEW QUESTIONS
CAN HELP GET WITNESSES TO TALK:
• What did you witness?
• What was the date, time and duration of the incident or behavior
you witnessed?
• Where did it happen?
• Who was involved?
• What did each person do and speak?
• Did anyone else see it happen? Who?
• What did you do after witnessing the incident or behavior?
• Did you say anything to the parties involved in response to what you
witnessed?
• How did the complainant and the subject of the allegation react to
your response?
VICTIM INTERVIEWS

✓ When interviewing a victim, the investigator must keep in mind that

the person they are speaking with has just been through a bad
experience.

✓ The victim's health and personal safety must be the investigator's

primary concern. This may cause the interview with the victim to be
postponed. The victim may be angry, afraid or even traumatized.
These intense emotions may be projected onto the investigator.

✓ The investigator will have to use all of his or her communication

skills to obtain the valuable information that the victim possesses.

✓ The victim should be asked to provide a description of what

happened to them in as much detail as possible.

✓ The investigator should ask follow-up questions to clarify points in

the victim's statement.

✓ The victim should be asked if they know the other person(s)

involved in the incident and what, if any, is their relationship to them.

✓ In cases involving property crime the investigator should establish,

in detail, what was taken or damaged.
✓ The investigator should obtain the victim's personal information
(home, work, cell and email) to facilitate follow-up conversations.
HERE ARE SAMPLE INVESTIGATION INTERVIEW QUESTIONS
TO ASK TO THE COMPLAINANT/VICTIM:
• What happened?
• What was the date, time and duration of the incident or behavior?
• How many times did this happen?
• Where did it happen?
• How did it happen?
• Did anyone else see it happen? Who? What did they say? What did
they do?
• Was there physical contact? Describe it. Demonstrate it.
• What did you do in response to the incident or behavior?
• What did you say in response to the incident or behavior?
• How did the subject of the allegation react to your response?
• Did you report this to anyone? To whom? When? What they say
and/or do?
• Did you tell anyone about the incident or behavior? Who? What did
they say and/or do?
• Do you know whether the subject of the allegation has been
involved in any other incidents?
• Do you know why the incident or behavior occurred?
• Do you know anyone else who can shed light on this incident?
• Is there anything else you want to tell me that I haven’t asked you?
RAPE CASE INTERVIEWS
In Rape Case investigations, the primary responsibilities of
detectives are the physical and emotional well-being of the victim, the
preservation of evidence, and the apprehension of the suspect.
✓ Prior to the interview, the investigator builds a rapport with the
victim, demonstrate empathy, and validate her credibility.

✓ Detectives provide the victim with the opportunity to make small

choices, thus giving some
semblance of control.

✓ For example, the investigator asks the victim if she wants someone
present with her during the interview and allows her to select the
interview location. The location should be private and free from
distractions

✓ To begin the interview, investigators ask the victim an open-ended

question like, “Tell me what happened today.”

✓ The key is allowing the victim to tell the entire story without
interruptions. In order to add detail or clarify discrepancies, the
detective may ask the victim more specific questions once she has
completed her narrative.
Investigators must ensure the victim provides these essential
elements during the interview:
THE VICTIM’S BEHAVIOR PRIOR TO THE ASSAULT
• Where did the victim and suspect first come into contact?
• Was alcohol a factor?
• Was the rape facilitated by drugs?
• Was the victim alone or with friends who could be potential
witnesses?
THE VICTIM’S BEHAVIOR DURING THE CRIME
• Was there shoving, kicking, or scratching aimed at the offender?
• What did the victim say to the offender such as “no,” “stop,” or “I
don’t want to do this”?
• What is the victim’s relationship with the suspect? Is the offender a
stranger or a known person to the victim?
• What were the suspect’s actions prior to, during, and after the
assault?
• What is the chronology of the specific sex acts that were
performed?
• What force was used or threatened by the offender?

MURDER CASE INTERVIEWS

In order to understand the artist, you have to look at the
artwork. It's the same thing with killers you really have to study the
crime. You have to look at how it was done and then you can begin to
understand why.

✓ Before you sit across a table from either a convicted or suspected

killer, you need to do your homework. You have to stud the crime
scene and autopsy photos of the victims and read the police reports.
And you have to complete the victimology-an analysis of the subject.

✓ Being familiar with all this information will help convey to the
offender the idea that you are interested in him. And from that, he
may also come to believe that you're showing him respect as an
artist, an initial objective in establishing rapport.

✓ Building Rapport is the Key As with any interview, developing

rapport is the key. An investigator builds rapport by understanding the
killer's world. Conveying respect for a murderer means setting aside
your personal feelings about the nature of the crimes committed. You
may have to sit there joking around with someone who preys on little
children or tortures his victims in unspeakable ways.

✓ But it's worth it if come you away from an interview with firsthand
information about the killer's values, beliefs, and thinking patterns, not
to mention an ad mission of responsibility for the crimes. And it
moves things along more quickly. When the interviewer shows
respect for the killer, the subject spends less time evaluating the
person who is trying to crawl inside his mind.
ACROSS THE TABLE FROM MURDERERS
• The questions asked were centered on four phases of the murder:
the pre-crime phase, the actual crime, disposal of the body, and the
post crime phase.
• In the pre-crime phase, it's helpful to reconstruct the scene prior to
the murder. We asked offenders to describe how their day went
before they committed the crime and to describe their thoughts and
feelings before encountering the victim. This helps the interviewer
determine what moved the offender's murder from fantasy to action.
• In the actual crime phase, this phase begins with the conscious
reality of the selection of a victim. We asked offenders the reason
why they chose their victims. The reason behind the killing.
• In the disposal of the body phase, after a murder has been
committed, a killer must decide what to do with the body. So here we
ask them where did they dispose the body if not yet known or
recovered.
• In the post crime phase, at this time, the murderer's fantasy has
become a reality, and the murderer finally feels a sense of purpose.
The authorities have begun looking for the murderer, so the
murderer's energies are now focused on avoiding detection. Make
sure to be aware that at this phase the offender will try to elude by
not answering your questions truthfully. The key to making a suspect
feel comfortable is to begin with not offensive, nonthreatening
questions designed to elicit simple, comfortable responses. The more
the investigator can find in common with the suspect the better.
Again, become a kindred spirit.
ROBBERY CASE INTERVIEWS
At the scene of a robbery, attention will focus on the points of
entry and exit. When possible, to help determine what evidence may
have been left behind by the suspect, ask the victims a series of
questions:
• What has been moved, handled, or touched by the perpetrator(s)?
• Has the victim noticed anything unusual or out of the ordinary? (For
example, cigarette butts in a nonsmoker's home; gloves or masks not
recognized may have been left at the scene.)
• Did the victim pick things up, move items back or clean up?
• Have food/beverage items or containers been left behind by the
perpetrator?
Mr. Juan, not further identified, has called the police station
and stated that he has information concerning an armed robbery of a
convenience store. When he observed the robbery in progress, he
was parked across the street using his cell phone. It is possible that
he can provide a great deal of information or only a few details. Mr.
Juan has agreed to come to the police station and relate the
information he knows about the incident.
• What position was your vehicle facing when the robbery occurred?
• How did the suspect car look?
• What color was the suspects' car?
• What model was the suspects' car?
• What year do you believe the suspects' car was made in?
• Was it a newer model vehicle?
• Was the suspect with any accomplices?
• Did the suspect have any identifying characteristics that you noticed
such as tattoos or piercings?
• What color, height, and age do you believe the suspect was?
• Would you be able to identify the suspect in a lineup if we requested
your assistance?
NOTE: The most important thing to remember when conducting
investigation interviews is that your main objective is to simply find
out the truth about what happened. There will be barriers, detours
and challenges along the way, but as long as you stay focused on
that one goal, you’ll stay on track.

CONDUCTING A SUCCESSFUL INTERVIEW

 ROBBERY HOLD-UP SCENARIO
Principle: The manner in which the preliminary investigating officer
obtains information from a witness impacts the amount and accuracy
of that information.
Instructions: The purpose of this scenario is to let you select one of
two lines of inquiry in interviewing a witness. You can conduct the
interview in several ways. From the following scenarios you must
select what you believe to be the correct questions you should ask,
which will elicit a response from the witness
Scenario: You are an investigator who arrived at 7/11 Manila Branch
reported to have a robbery hold-up incident. There are two male
individuals at the store, one who identifies himself as the owner and
the other as the customer.
1. Will you interview the two witnesses together or separately?
Select a response.
a. I will interview the two together in order to get a complete
description.
b. I will interview them separately, beginning with the owner and then
customer.
Scenario: You are still at 7/11 Store Manila. After introducing yourself
as the Investigator to the owner.
2. You must select what you believe to be the correct questions
you should ask.
a. Where would you like to be interviewed? We can conduct it here or
at our office.
b. Let’s start the interview here time is crucial.
Scenario: The witness (owner) chose to be interviewed at the back
office of their store.
3. You must select what you believe to be the correct questions
you should ask.
a. Please sit down. My name is Corporal Dalisay. I am recording this
interview using my mobile phone and would appreciate your
assistance. Can you tell me your name and what happened?
b. My name is Corporal Dalisay. I am recording this interview. You are
not a suspect and I must advise you of your rights. You have the right
to remain silent. You have the right to have a lawyer present.
Anything you say may be used later in court. Do you understand?
Scenario: Keeping in mind that you are still at the back office
interviewing the owner.
4. From the following scenarios you must select what you
believe to be the correct questions you should ask, which will
elicit a response from the witness.
a. What is the reason you are the one manning your store again at
that time?
b. Can you give me a better description of the robber?
Scenario: Keeping in mind that you are still at the back office
interviewing the owner.
5. From the following scenarios you must select what you
believe to be the correct questions you should ask, which will
elicit a response from the witness.
a. You said he had a gun. Do you know what kind it was?
b. What happened next?
Scenario: Keeping in mind that you are still at the back office
interviewing the owner.
6. You must select what you believe to be the correct questions
you should ask, which will elicit a response from the witness.
a. Will you excuse me a minute. I need to call this in. Can I get you a
Coke or something?
b. You’re being very helpful, and I appreciate the time you’re taking is
there anything else you would like to add to your statement?
Robberies are difficult to solve without a lot of information, and you
have really been helpful. Can I get your address and telephone
number for my report, and contact you if we come up with anything.
And I’ll give you my info also. Can I get you something to drink? A
Coke? There’s a cooler in the front.
 LEGAL DIFFERENCE OF INTERVIEW AND INTERROGATION
(PART 2)
In any criminal investigation process, interrogation is when a
representative from the agency collects information about a crime by
questioning suspects victims, or witnesses.
The Ultimate goal in interrogation is to solve the crime. It can
last for several minutes or hours.
An important factor in interrogation is that the law
enforcement officers can continue questioning until the subject asks
for a counsel which the right that falls under Miranda Rights.
INTERROGATION
- is one of the most difficult but most interesting phases of criminal
investigation and detection.
-It is the confrontational battle of wits between the investigator and
the suspect.
-It is a mental combat where the weapon is intelligence and the use
of the art.
-Victory depends upon proper and effective use of the art.
-It is the skillful questioning of a hostile person suspected of having
committed an offense or of a person who is reluctant to make a full
disclosure of information in his possession which is pertinent to the
investigation.
CUSTODIAL INTERROGATION
– it denotes the investigation conducted by the investigator on the
suspect who is under his custody.
GUIDELINES IN THE CONDUCT OF INTERROGATION
GOLDEN RULE OF INTERROGATION
“Make him admit something, no matter how small or trivial.
Usually, the first admission will lead to another. In securing the
first admission is the biggest stumbling block in dealing with
tough suspects.”
 A Philosophy of Interrogation:
The RIGHT officer
Asking the RIGHT questions
In the RIGHT manner
At the RIGHT time and in the RIGHT place
Will get the RIGHT answers
PURPOSES OF INTERROGATION:
a. On the part of the suspect, it is to extract confession or admission.
b. On the part of the uncooperative or unwilling witness, it is to extract
the information he possesses.
THERE ARE FOUR COMMONLY RECOGNIZED OBJECTIVES TO
THE INTERROGATION PROCESS:
1. To obtain valuable facts.
2. To eliminate the innocent.
3. To identify the guilty.
4. To obtain a confession
RIGHTS OF THE ACCUSED DURING CUSTODIAL
INVESTIGATION
a. Right to remain silent.
b. Right to counsel of his own choice and if he has none, the
government must provide one for him.
c. Right to be informed of the nature of the charges against him and
whatever he says maybe used for or against him.
These rights could be validly waived in writing and with the
assistance of Counsel in order that the ensuing confession be
admissible in evidence. The confession must also be in writing,
signed and sworn to by the accused.
PHASES OF INTERROGATION
A. PLANNING AND PREPARATION - this refers to the interrogator
keep himself aware on the situation and he must observe and
analyze the interrogee without his knowledge.
B. APPROACH - in this step, the interrogator should keep in mind to
gain rapport with the subject.
C. QUESTIONING
- this is considered the heart of interrogation.
-Were all techniques could apply to obtain information from the
subject.
D. TERMINATION-this refers to the ending of the interrogation
process, and it should end in a friendly manner.
E. RECORDING - this refers to place in document the result of the
interrogation, in this process it is advisable to tape record all
conversation.
F. REPORTING - this is the end product of the interrogation

THE TECHNIQUES AND APPROACH OF INTERROGATION:

Effective interrogators, like interviewers, must be skilled in
psychology, persuasiveness, and acting. Good interrogators must
also be good seducers; they must be able to make others do what
they want them to do.
APPROACHES AND QUESTIONS DIFFER WITH THE TYPE OF
SUSPECT BEING QUESTIONED.
a) EMOTIONAL APPROACH
– this is a technique where the investigator, combining his skills in of
an actor and a psychologist, addresses the suspect with an emotional
appeal to confess.
-This is applicable to first time offenders or those who are of the
emotional type of characteristics displayed by nervousness or
emotional disturbances.
-Devotees of a religious group may belong to this type.
B. SYMPATHETIC APPROACH
– the investigator, in his preliminary or probing questions must dig
deep into the past troubles, plight and unfortunate events in the life of
the suspect.
-An offer of help, kindness, friendliness, may win his cooperation.
C) KINDNESS/FRIENDLINESS
– the simplest technique is to assure that the suspect will confess if
he is treated in a kind and friendly manner.
-A friendly approach coupled with posture of sincerity may induce the
suspect to confess.
D) EXTENUATION – the investigator indicates he does not consider
his subject’s indiscretion a grave offense.
E) SHIFTING THE BLAME
– the interrogator makes clear his belief that the subject is obviously
not the sort of person who usually gets mixed up in a crime like this.
-The interrogator could tell from the start that he was not dealing with
a fellow who is criminal by nature and choice.
F) THE MUTT AND JEFF OR SWEET AND SOUR METHOD
– the first set of investigators must appear to be rough, mean and
dangerous.
-When they had finished the interrogation, the second investigator
intervenes by stopping the first set of investigators.
-By being sympathetic and understanding, he begins his
interrogation. If the suspect still refuses to cooperate, then the
process is repeated until there is confession.
G) TRICKS AND BLUFFS:
(1) THE PRETENSE OF SOLID EVIDENCE AGAINST THE
ACCUSED
– the investigator bluffs the suspects that even if he will not confess,
there is enough evidence to send him to jail.
-If he will confess, the investigator will see to it that his prison term
will be within the range of probation.
(2) THE WEAKEST LINK/PLAYING ONE PERSON AGAINST THE
OTHER
– among the suspects, there must be a careful selection as to who
among them is the weakest link where the interrogation will begin.
-By tricks and bluffs, this weakest link will be told that his companions
had already confessed.
-That this weakest link had dealt the fatal blow or that he received the
lion share of the loot in order to intrigued him.
(3) DRAMA
– the weakest link used to fake pain and the agony by ordering him to
shout, accompanied by banging a chair on the wall to make it appear
that a commotion is going on.
-The other suspect in separate rooms must hear the DRAMA before
telling them that their partner had confessed.
(4) FEIGNING CONTACT WITH FAMILY MEMBERS
– the suspect could be tricked that the investigator had gone to the
residence and the family members had supplied facts against
suspect.
-The suspect’s family will be dragged in to the investigation if the
suspect will not confess.
(5) MORE TRICKS AND BLUFFS – depending upon the imagination
of the investigator in each particular situation.
(6) THE LINE-UP
– the complainant, witness or victim is requested to point positively
the suspect who is among persons in the police line-up.
-The witnesses, victims or complainant are previously coached about
the identity of the suspect.
(7) REVERSE LINE-UP
– the suspect is placed among other persons in a line up and he is
identified by several complainant and witnesses who will associate
the suspect in other several crimes.
-This will cause the suspect to become desperate and confess only to
the case under investigation, to avoid from being charged on false
accusations.
H) STERN APPROACH – the investigator displays a stern
personality towards the suspect by using the following method:
(1) PRETENSE OF PHYSICAL EVIDENCE – it is the pretense of
laboratory or scientific findings pointing to the suspect.
(2) JOLTING
– in the questioning process, the investigator selects the right
moment to shout a pertinent question in an apparent righteous
outrage.
-The suspect’s nerves will break to a confession.
(3) INDIFFERENCE
– the presence of the suspect, the investigator will discuss and
debate about the string evidence of the case that will result to
conviction of maximum penalty.
-Their aim is to induce the suspect to confess by conditioning his
mind that he is finally cornered with no other recourse but to confess.
(4) FEIGNING PROTECTION AND CONSIDERATION
– the investigator asks series of questions appearing to be formalities
with the impression that he knows the answers.
-That these questions are asked as matters of considerations of the
rights, protection and advantage of the suspect.
(5) OPPORTUNITY TO LIE
- the suspect is given all the opportunities to lie.
-The suspect is questioned about his personal life and family and
friends and his knowledge about the commission of the crime.
-This is repeated many times.
I) REMOVING THE ETHNIC OR CULTURAL BARRIER – If the
suspect is an Ilocano, he should be interrogated by an Ilocano
investigator and the same with other ethnic or cultural groups.
J) SEARCHING FOR THE SOFT SPOT
– in every man’s heart, there is always that softest spot.
-That spot maybe the youngest child, the wife, the mother, the brother
who acted as his father, the grandparents or the best friend.
-Once discovered, there must be a face-to-face meeting with that
person and that heart of steel will melt to pieces.
ADDITIONAL MODERN TECHNIQUES:
(A) RATIONALIZATION – it is the use of reasons, which is
acceptable to the subject that led to the commission of the crime.
(B) PROJECTION – it is the process of putting the blame to another
person, not alone to the suspect.
(C) MINIMIZATION
-it is the act of minimizing the culpability of the suspect.
-The investigator convinces the suspect that a confession will reduce
the offense and the penalty.
THE IMPORTANCE OF LISTENING
• Regardless of the amount of their preparation and experience
investigators or interrogators can conduct a fully successful interview
only if they are good listeners.
• Listening is as valuable in interview and interrogation as is
questioning.
• To be effective, one must be an active listener too. It has been
estimated that 65 percentof communication is nonverbal.
PHYSICAL SIGNS OF DECEPTIONS:
(a) Sweating
(b) Color Change
(c) Dry Mouth
(d) Breathing
(e) Pulse
(f) Avoidance of Direct Eye Contact
DOCUMENTING THE INTERROGATION
-Documenting an interrogation consists of three main phases:
• NOTE TAKING
• RECORDING, AND
• OBTAINING WRITTEN STATEMENTS
AII three of these phases are geared to accomplishing two basic
functions.
1. To retain information for the benefit of the interrogator and the
continued investigation.
2. To secure a written statement or confession from the accused for
later use as evidence in court.
The three most widely accepted methods of keeping notes during an
interrogation are:
• MENTAL NOTES
• WRITTEN NOTES AND
• NOTES TAKEN BY A THIRD PARTY.
Police use of audio-video technology to document
interrogations became widespread in the 1990s.
PROHIBITED METHODS OF INTERROGATION
An INTERROGATION is the process by which suspects are
questioned with regard to their involvement in the activity which gave
rise to the investigation.

✓ The interrogation will involve the interviewer, accusing the suspect.

Once the tone of the conversation has moved to accusatory, it is
virtually impossible to stop and go back to interviewing. In the
interrogation the investigator will do most of the talking and the
questions asked of the suspect will be more direct and less open
ended.
1. Is torture prohibited?
2. Is confession obtained through torture admissible in evidence?
TORTURE
-is painful, it leaves a scar on the body and mind.
-Maybe someone you know, or a relative is suffering from it.
-This must be stopped.
-On November 10, 2009, our Congress (Government) passed the
anti-torture law as a result of the efforts of organizations and
individuals who want to stop torture in our country.
LEGAL REQUIREMENTS OF INTERROGATION
The statement of the subject must be obtained voluntarily and
trustworthy and not by means or use of threat, fear, coercion, duress
or any improper tactics which will vitiate the free will of the subject.
SECTION 12 (2), ARTICLE IL OF THE 1987 PHIL. CONSTITUTION:
“There should be no torture, force, violence, threat, intimidation, or
any other means which vitiate the free will. Secret detention places,
solitary, incommunicado, or other similar forms of detention are
prohibited.”
TORTURE
- refers to an act by which severe pain or suffering, whether physical
or mental, is intentionally inflicted on a person for such purposes as
obtaining from him/her or a third person information or a confession.
- It does not include pain or suffering arising only from, inherent in or
incidental to lawful sanctions.
HOW TORTURE IS COMMITTED:
- by punishing him/her for an act he/she or a third person has
committed or is suspected of having committed; or intimidating or
coercing him/her or a third person; or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted by
or at the instigation of or with the consent or acquiescence of a
person in authority or agent of a person in authority
FORMS OF TORTURE: RA 9745 Section 6
1. PHYSICAL TORTURE
- (a) Physical torture is a form of treatment or punishment inflicted by
a person in authority or agent of a person in authority upon another in
his/her custody that causes severe pain, exhaustion, disability or
dysfunction of one or more parts of the body, such as:
 Systematic beating, headbanging, punching, kicking, striking
with truncheon or rifle butt or other similar objects, and
jumping on the stomach;
 Food deprivation or forcible feeding with spoiled food, animal
or human excreta and other stuff or substances not normally
eaten;
 Electric shock;
 Cigarette burning; burning by electrically heated rods, hot oil,
acid; by the rubbing of pepper or other chemical substances
on mucous membranes, or acids or spices directly on the
wound(s);
 The submersion of the head in water or water polluted with
excrement, urine, vomit and/or blood until the brink of
suffocation;
 Being tied or forced to assume fixed and stressful bodily
position;
 Rape and sexual abuse, including the insertion of foreign
objects into the sex organ or rectum, or electrical torture of the
genitals;
 Mutilation or amputation of the essential parts of the body
such as the genitalia, ear, tongue, etc.;
 Dental torture or the forced extraction of the teeth;
 Pulling out of fingernails;
 Harmful exposure to the elements such as sunlight and
extreme cold;
 The use of plastic bag and other materials placed over the
head to the point of asphyxiation;
  The use of psychoactive drugs to change the perception,
memory, alertness or will of a person, such as:
• The administration of drugs to induce confession and/or reduce
mental competency;
• The use of drugs to induce extreme pain or certain symptoms of a
disease; and
• Other analogous acts of physical torture.
2. MENTAL/PSYCHOLOGICAL TORTURE
-refers to acts committed by a person in authority or agent of a
person in authority which are calculated to affect or confuse the mind
and/or undermine a person's dignity and morale, such as:
 Blindfolding;
 Threatening a person(s) or his/her relative(s) with bodily
harm, execution or the wrongful acts;
 Confinement in solitary cells or secret detention places;
 Prolonged interrogation;
 Preparing a prisoner for a "show trial", public display or public
humiliation of a detainee or prisoner;
 Causing unscheduled transfer of a person deprived of liberty
from one place to another, creating the belief that he/she shall
be summarily executed;
 Maltreating a member/s of a person's family;
 Causing the torture sessions to be witnessed by the person's
family, relatives or any third party;
 Denial of sleep/rest;
 Shame infliction such as stripping the person naked, parading
him/her in public places, shaving the victim's head or putting
marks on his/her body against his/her will;
 Deliberately prohibiting the victim to communicate with any
member of his/her family; and
 Other analogous acts of mental/psychological torture
PROHIBITED METHODS OF INTERROGATION:
These are some of the prohibited methods of interrogation:
1. STRESS POSITIONS - the suspect is forced to maintain painful
physical positions, such as forced standing, and awkward sitting or
suspension of the body from a chain or other implement, for
prolonged periods of time.
2. BEATING - the suspect is subjected to forceful physical contact,
either directly or through an instrument.
3. TEMPERATURE MANIPULATION - the subject is exposed for
prolonged periods to extreme heat or to extreme cold.
4. WATERBOARDING (mock drowning) - the subject is strapped
down and immobilized and water is poured over the face to create
the sensation of asphyxiation or drowning.
5. THREATS OF HARM TO PERSON, FAMILY OR FRIENDS - the
subject is threatened with harm against himself or against family or
friends if he fails to cooperate with interrogators.
6. SLEEP DEPRIVATION - the prisoner is deprived of normal sleep
for extended periods through the use of stress positions, sensory
overload, or other techniques of interrupting normal sleep.
7. SENSORY BOMBARDMENT: NOISE AND LIGHT - the prisoner is
exposed to bright lights, flashing strobe lights and/or loud music for
extended periods of time.
8. VIOLENT SHAKING
- the interrogator forcefully shakes the subject.
-"Shaking" is a term of art for an established, violent interrogation
method.
9. SEXUAL HUMILIATION - the subject is subjected to sexually
humiliating behavior or forced to perform sexually humiliating acts,
often in an attempt to exploit cultural and religious stereotypes
regarding sexual behavior and induce feelings of shame, guilt and
worthlessness.
10. PROLONGED ISOLATION - the subject is denied contact with
other human beings, including through segregation from other
prisoners, for prolonged periods of time.
11. SENSORY DEPRIVATION - the person is subjected to reduction
or removal of stimuli from one or more of the senses for prolonged
periods.
RA 9745
-An act penalizing torture and other cruel, inhuman and degrading
treatment or punishment and prescribing penalties therefor otherwise
known as the “Anti-Torture Act of 2009”.
RA 9745 SECTION 5
• RIGHT TO OWN CHOICE - refers to the right of all persons in
custody to be informed in oralor written form, in a language or dialect
understood by the alleged torture victim or the person concerned, of
their right to demand a physical examination by a physician of his/her
own choice.
• INDEPENDENT AND COMPETENT DOCTOR
- refers to any physician freely chosen by the victim or his /her duly
authorized representative/s to conduct physical examination and
treatment of tortured victims.
-Physicians who belong to agencies that are involved in the arrest
anddetention of the victim shall not be included, unless the victim
specifically allowed such examination and when circumstances
require.
• RIGHT TO PHYSICAL EXAMINATION
- refers to the right of every person arrested, detained orunder
custodial investigation or to prompt and thorough examination for the
purpose of determining whether or not torture has been inflicted.
-This also refers to access without any delay to such an examination
which should be made before and after any acts of interrogation and
immediately before and after any transfer of the person between
detention institutions