Fundamentals of

Criminal Investigation

ARVIN KIM A. ARNILLA, MA

Registered Criminologist
Professional Teacher
Flowchart of Criminal
Investigation Occurrence of Crime

Criminal Investigation

Information Interrogation Instrumentation

People and Physical

Records Evidence
Objectives of the
Investigation

Identify the Locate the Provide Evidence

Offender Offender of Guilt
 Tools of Criminal Investigation

1. Information – knowledge which the investigator gathers

from other person; depends on intelligent selection of
informative sources
Two (2) Kinds of Information

1. regular sources such as conscientious and public spirited

citizens, company records, and files of other agenciesc

2. cultivated sources such as paid informant, former

criminals, acquaintances, divers, waiters, others
2. Interrogation – skillful
questioning of witnesses
and suspect; varies with
craft, logic, and
psychological insight with
which the investigator
questions a person who is
in possession of information
relevant to the case
 Interview vs. interrogation

 Interview – simple questioning

of person who has no personal
reason to withhold information
and expected to cooperate with
the investigator

 Interrogation – questioning of a suspect or person who

is normally expected to be reluctant to divulge/ reveal/
give out information concerning the offense under
investigation
3.Instrumentation – application of the instruments and
methods of the physical sciences in the direction of
crime
 IDENTIFYING THE CRIMINAL OFFENDER
1. Confession or Admission

Confession is a declaration of an accused

acknowledging his guilt of the offense
charged, or of any offense necessarily
included therein, may be given in
evidence against him.

Admission is a voluntary
concessions or acknowledgement
executed by a party of the
existence of truth of certain facts.
2. Eyewitness Testimony

Jessica Alfaro

Hubert Webb
3. Circumstantial Evidence

3.1. Motive

3.2. Opportunity

3.3. Associative Evidence (brought about by

Instrument)
LOCATING THE CRIMINAL OFFENDER
 PROVIDING EVIDENCE OF GUILT

Corpus Delicti (fact that a crime was committed)

How to prove?

1. There exists a certain state of fact which forms the

basis of the criminal charge
2. There exists a criminal agency which had caused the
state of fact to exist
Example:
(R.A. 8353 or Anti – Rape Law of 1997)

Any PERSON shall

Element
commit sexual assault:

Through force, threat or

by inserting his penis
into another person’s
mouth, or anal orifice
by inserting any
instrument or object,
into the genital or anal
orifice of another person
intimidation
Offended party or victim is deprived
of reason of otherwise unconscious
Fraudulent machination or grave
abuse of authority
Offended party or victim is under 12
yrs. Old or demented
INTERVIEW OF WITNESS
Definition
asking questions to a person who is believed to possess
knowledge that is official interest to the investigators

Importance
constitutes the major source of information for most case
under investigation
 Types of Interview
Two (2) Major Types of Interview

1. On – the – Scene Interview (Informal)

Where: maybe conducted by police officer on the
crime scene

Purpose: obtain/ get description of the criminal

offender

Secure sufficient information to arrest the criminal

as rapidly as possible
2. Formal Interview
Person Involved: Investigator-on-Case/ Investigator
Assigned to the case

Three (3) Type of Formal Interview

a. Normal Interview – for cooperative witness or those who may be

persuaded to cooperate

b. Group or Pretext Interview – for witness known to be reluctant or hostile,

and for those who are believed to refuse or cooperate in the investigation or
those who may be persuaded to cooperate

c. Follow – up interview which is frequently necessary in many cases because

additional on vital points is necessary
 QUALIFICATION OF INTERVIEWER

Salesman

Actor

Psychologist
 REQUISITES OF INTERVIEW

1. Establish Rapport

2. Forcefulness of personality

3. Breadth of Interest
 SETTING OF INTERVIEW

1. Background Interview

 Time and place of interview are not really a consideration,

except for busy person

2. Routine Criminal Cases

 Criminal case, interview should be carefully planned
 Busy persons, interview can be done during the evening.
 Privacy is important
3. Important Criminal Cases

 Should be conducted in places other than the subject’s

homes or office (to prevent him/ her feelings confident)
Investigator should control situation
INVESTIGATOR SHOULD GET INTERVIEWEE’S
RESPECT.

4. Appropriate Time

 General Rule: should be conducted ASAP

 BASIC RULES (APPROACH) IN INTERVIEW

FIRST MEETING W/ THE SUBJECT

REMEMBER: 1st Impression always lasts

1. Show credentials and inform subject of his identity

2. Identity must be stressed so as not to cause

misunderstanding
INTERVIEWING WOMEN IN THEIR HOMES

1. Investigator should remain few paces from the door until the
subject is convinced of his identity and invites him in

2. If possible, the investigator avoid interviewing at the

threshold

3. When necessary, investigator should return at a later time

when woman is reassured by the presence of a friend
 BACKGROUND INTERVIEW

Information taken from Background Interview:

1. Personal information
2. Schools attended
3. Former employers
4. Reasons for leaving previous employer/
employment
 USUAL STAGES OF INTERVIEW

Manner of conduct of Interview: dependent on the

relationship of the subject to the matter in question

Demeanor: of the investigator: must be suited to the

requirements of the case
1. Preparation: investigator should mentally review the case and
consider what information the witness can contribute. If the importance
of the case warrants, he should acquaint himself with the background of
the witness, this way, he may more easily strike a responsive chord. A
checklist helps so that no important point is overlooked.

2. Warm – up: the first few minutes will determine the tenor of the
interview. If investigator permits a clash of personalities or creates a
tense atmosphere, the witness might tighten up and be reluctant to
divulge all information. After showing his credentials, the investigator
should open with a few friendly remarks.
3. Questioning: after the witness/ subject has told his story, the
investigator should review it with him and request him to amplify certain
points. Matters which have not been touched upon by the witness
should be treated, the elements of the offense and other points in the
case should guided the investigator in his questioning.

a. Guiding the conversation – questions and answers should

fit an outline to avoid ramble.

b. Corroborating – information obtained from one witness

should be correlated with that obtained from others.

c. Inaccuracies – discrepancies, falsehoods, and

inaccuracies may become apparent during interview.
Questionable points should bee treated repeatedly by
rewording queries and by additional questions. Honest
mistakes should be distinguished from misrepresentations.
d. Techniques of Questioning– Questions should not bee
asked until the person appears to give the desired
information in accurate fashion.

1. One Question at a time

2. Avoid implied answer.
3. Simplicity of question
4. Saving face
5. Yes or No question
6. Positive attitude
7. Controlling interview
IMPORTANT NOTE!

 Interviewer – the person asking

the question/s
 Interviewee – the person
responding/ answering the
question/s
 Techniques in Controlling
Digression (Deviation)

1. Precise Questioning – precision of question formula

2. Shunting – consists in asking a question which relates

to the digression from the original line of questioning

3. Skipping by guessing – narration progresses in detail

and obvious steps
 Typical Classes of
Interviewees

1. Children

2. Young persons

3. Middle Aged Persons

4. Older Persons
 Personalities of Interviewees

1. Know – Nothing Type

Where have you been?

I don’t know Sir!

2. Disinterested Type

Basi pwede kang makabulig sa

pagsulbar it kaso ngara.

USNAY LABOT NA’KO SA

IMUHA? ILAM SA IMO JAN.
3. Drunken Type
Interviewee: Yu kold me
her to as your kwistions?
Shet! Shabat kot – a
Interviewer: run, hik!
Pagkatapos ninyong
uminom kabi-e, sin
dayon kamu nag –adto?
4. Suspicious Type
Interviewee: Basi ako ta
du maigpit karon sir.
Isaea pa may pamilya ta
Basi pwede kang
bi ako basi kun bae-san
makabulig sa
ta kami.
pagsulbar it kaso
ngara?
5. Talkative Type

Ay sir abo ta ang hasayran parte sa

tawo ngaron suma nagkaeapit gid
kami karon sa sueod it 20 anyos.
Tinakaw na karon du manok ni
lolo anay ngato tag nagpamalaaye
imaw sa anang asawang si Mary.
Interviewer: Ano ing
pagkakila-ea kay Pedro
Maringpalad ngara?.

Haso guid a ron sir. Tao baea sa

animal ngato! Imaw anay dun du
most behave sa among klase.
6. Honest Type

Unsa man gui- Nga magsmile

ingon niya sa murag Monalisa!
imuha?
7. Deceitful Type ANO’NG
GINAWA MO ?

Nagma-magic
ako sir! Hehe!
8. Timid (Shy) Type
Pwede di
Have you been sabton Ma’am?
to Lucky 7? Huya ang!

Adios ta! Huya

- huya ka pa?
Sabta eang to-
o!
9. Boastful, Egoistic or Egocentric Type

You’re not the

Sir, can we talk type to
for a couple of
minutes? intimidate me!
I am the boss
here!
10. Refusal to Talk Type
 Rape
 Murder
Bisan mag –  Homicide
ueodlut ing sip-on
wa ka guid mabu-
eo kang.
 DIRECT APPROACH AND
DIRECT QUESTIONING

Direct Approach Direct

Questioning
1. Complainant
2. Suspect
3. Informant
4. Victims
 EVALUATING THE INTERVIEWEES

1. Physical Mannerism: nervousness, evasive facial

expression, embarrassment at certain question, perspiration
and similar sign as indication to the truthfulness or
trustworthiness of the person

MANNERISM PROBABLE INDICATION OF

Unusual combing of hair
Evasive eye contact
Stuttering of the voice
Shaking of hand/s finger/s
Stumping of hands/ feet
2. Frankness: person should be tested with
questions, answers to which should be known to
the investigator. Significant omissions should be
noted

3. Emotional State: observe unusual reaction to

questions. Partial guilt can be detected by
unwarranted indignation of excessive protest.
Spite, jealousy, and prejudice can be easily
detected.
4. Content of the statement: statement of the
witness can be compared with statement of other
witnesses, and with known facts. Discrepancies
and misrepresentations can be detected by
comparing the information with known facts
 METHODS OF RECORDING INTERVIEW

1. Mental Notes

2. Written Notes

3. Stenographic notes

4. Sound recording

5. Sound and motion picture (video)

Interviewer’s Notebook
 INTERROGATION OF SUSPECT

Refreshing your memory!

What is INTERROGATION?

Interrogation is skillful questioning of

person/s who are uncooperative in the
conduct of investigation or are reluctant to
divulge information pertinent to the conduct
of investigation
  radically changed the procedural requirement for lawful
interrogation of a suspect or of a person under custodial
investigation

 Approved:

April 27, 1992 by Pres.

Corazon C. Aquino
Fundamental Rules on
Interrogation
1. Investigator should
identify himself as law
enforcer with showing of
credential

2. Explain to the suspect in general terms the

nature of the offense under investigation

3. Inform the suspect of his wish to question

him on matters relating to the offense
4.Advise the suspect of his
rights, substantially in the
following terms:
A. You have the right to
remain silent; you do not
have to answer any
questions

B. You have the right to be assisted by an

independent and competent counsel (lawyer)
of your own choice
C. If you cannot afford the services of a
counsel, and you want to be assisted by a
lawyer, this office shall provide you with a
lawyer free of charge

D. That anything you say can be used as

evidence against you in any court of law.

E. Do you understand your rights as I have

explained to you, as follows: the right to
remain silent and the right to be assisted by a
counsel?
F. After explaining your Constitutional rights,
are you still willing to give FREE and
VOLUNTARY statement of the facts of the
case being investigated?
Miranda Doctrine
 cannot be waived except in writing and
must be signed in the presence of a legal
counsel

 requires all law enforcers to issue to all

suspects once arrested and taken into
custody
Admission
vs.
Confession
Admission – acknowledgement that a fact,
action or circumstance is true; may strongly
infer or directly admit guilt, however, it will
lack detail as to the elements of the crime

“I just killed a man.”

“Yes, I stole the car.”

“I stabbed him.”

“I didn’t mean to hurt her.”

Confession – more complete
statement admitting each element of
the crime

“When I found out Nick slept

with my younger sister, I went
home and thought about for a
couple of days, then I decided
to kill him. I bought a gun
and ammunition, loaded the gun
and went to Nick’s house and
shot him three times in the
head while he was talking on
the phone.”
 Options and
Procedures in
Interrogation
1. The suspect may choose to remain silent. If BEFORE or
DURING questioning, the suspect invokes his right to remain
silent, interrogation must be foregone or stopped. Investigators
must respect the suspect’s right to remain silent. Threat, tricks, or
cajoling designed to persuade the suspect to waive his right are
forbidden

SCENARIO Sir, lalaki tayo!

Did you rape
I’m a lover boy!
Elisa?
Can you blame
me?
So inaamin mo
na ni – rape mo Sir, according to
siya? R.A. 7438, I
have the right to
remain silent.
Ok, we’ll respect
your peace!
 2. The suspect may request a legal counsel. NO
INTERROGATION MUST BE ATTEMPTED UNTIL THE LAWYER
OF HIS OWN CHOICE OR STATE - APPOINTED LAWYER IS
PRESENT. If before and during questioning, the suspect invokes
his rights to request and have counsel, the interrogation must
cease until a lawyer is procured/ produced.

SCENARIO
Sir, RA 7438
Ok, I’ll call mandates that I
should be provided
Atty.
with a lawyer of my
Fortun. choice. I want Atty.
Fortun to handle my
case.
3. The suspect may waive his rights.
 To forego this, an affirmative statement of
rejection is evidently required.
 The burden of proof is on the prosecution.

Do you waive
your right to Yes sir?
remain silent?
  Withdrawal of a waiver is ALWAYS
permitted.

Ano kat-ing ngara? Sir, bawi-on ko lang

Makay bawi- bawi ang waiver!
kat-ing!

O sige! I-note ko lang

nga ginbawi mo du Hay, ginabawi ko’t a
imong waiver! sir. It’s my right.
 If interrogation continues without the
presence of attorney and a statement is
taken, a heavy burden rests on the
prosecution to demonstrate that the
defendant knowingly and intelligently waived
his right against self – incrimination and his
right to retain or appoint counsel.
 TYPES OF SUSPECTS

1. Willing suspect – remorseful or

conscience – stricken one who feels
anguish or distress cause by the sense of
guilt for the crime he or she has committed
2. Inadequate suspect – emotionally –
unstable suspect or mentally deficient
3. Unwilling suspect – refuses to
cooperate or relate information for one or
more of a variety of reassons
4. Egoist – has a exaggerated sense of self
– importance, perhaps seeing himselp or
herself as a “professional” in some criminal
specialty and acting accordingly; enjoys
boasting about past accomplishments
5. Defiant Type– seem immovable and
unemotional but is actually defense
mechanism
THE CRIME SCENE
Definition of Crime Scene

– locale/ place within immediate

vicinity of the occurrence wherein
evidence may be found
A crime scene is a location
where an illegal act took place,
and comprises the area from
which most of the physical
evidence is retrieved by
trained law enforcement
personnel, crime scene
investigators (CSIs) or in rare
circumstances, forensic
scientists.
Instrumentation through
Forensic Science
Instrumentation is the
examination of minute
details of physical
evidence through
methods of forensic
science and the
application of laboratory
equipment.
 Two (2) Branches of Forensic
Science

1. Criminalistics
1. Ballistics,
2. QD Examination,
3. Dactyloscopy,
4. Photograpy and
5. Polygraphy

2. Forensic/ Legal Medicine

 Purposes of Criminalistics

1. To identify a substance, object or instrument

2. To establish a connection between crime scene

evidence and a known comparison obtained from a
suspect, thus linking the suspect to the crime science
or victim.
2. To reconstruct how a crime was committed.

3. To protect innocent by developing evidence that may

exonerate the suspect .
2. To provide expert testimony in court.
 Means of Developing Physical Evidence
1. Contrast – the most familiar way to bring out details.

Using black or white powder to process a

crime scene for fingerprints
 Role of Crime Laboratory
1. Establish an element of crime

2. Link the crime scene or victim to the criminal

3. Reconstruct how the crime was committed

a. Time Element

b. Facts of the Case

c. Incriminating Evidence

d. Protect the Innocent

e. Expert Testimony
Investigative Value of Forensic Medicine
1. Forensic Pathology
a. Establishes the cause and manner of
death – natural, suicide, accident, or
homicide

b. Establishes the time of death

c. Indicates the type of instrument used to
commit the homicide

d. Indicates whether injuries to the body

were post –mortem or ante - mortem
e. Establishes the identity of the victims.

f. Determines the age of the victim.

g. Determines the sex, height, and age of
mutilate or decomposed bodies and
skeletons.

h. Determines virginity, defloration,

pregnancy, and delivery and sodomy
2. Forensic Serology

Study of BLOOD
 3. Forensic Toxicology

Toxicology is the study of poison – their

origins and properties, their identification by
chemical analysis, their action upon
humans and animal, and the treatment of
the conditions they produce

Famous Case: Michael Jackson

 3. Forensic Odolotology

Forensic odontology is the study of the

teeth, dentures (false teeth), bite marks for
the following purpose

1. To connect a bite mark to a particular person