Fundamentals of

Criminal Investigation
CHAPTER 1
INTRODUCTION TO
CRIMINAL INVESTIGATION
HISTORY OF CRIMINAL
INVESTIGATION
Presented by:
JAYCEE A PALATTAO, LPT, RCrim
Police Personnel
 History of Criminal Investigation
Over the years, it has become increasingly
evident that the crime problem is exceeding in
the capabilities of the criminal justice system
to control or even contain it.
In early groups, known as tribes and clan,
methods existed for detecting and resolving
undesirable acts.
 The methods used although primitive
beyond, as compared today were based on
assigning responsibility to a given individual or
family.
If a member of a particular tribal family violated
the moral code of a tribe, the other family
members were held responsible for detection,
apprehension, and even execution of the offending
member.
 Some Notable Account relative to
INVESTIGATION
Code of Hammurabi
One of the first bodies of written law
created by King Hammurabi, king of Babylon
Implemented to detect those who refused to
obey the law
Imposes the “LEX TALIONES” (Law of
Retribution)
Also refers to the concept, “an eye for an eye
and a tooth for a tooth”
5th Century B.C. (Rome)
Creation of the first specialized
investigative unit which was named as
Questors or Trackers or Murderers.

6th Century B.C. (Athens)

Adopted an unpaid magistrate(judge) to
make decisions to the cases presented to
them. The magistrate was appointed by the
citizens.
Reign of Alfred the Great
Established a system of “Mutual pledge”
1. Ten Tithing- Grouping a hundred of
persons into one under the charge of a High
Constable.
2. Tithing- performed by grouping ten
persons to protect one another and assume
responsibility for the acts of the group’s
member. Chief was the leader of the group.
Time of Christ (Rome)
1. Praetorian Guard- Considered as the first police
officer in Rome, with the job of protecting the
palace and the emperor.
2. Praefectus Urbi- function is to protect the city,
exercise both executive and judicial power.
3. Vigiles of Rome- began as fire fighters, granted
with law enforcement responsibilities. Considered
as civil police force to protect the citizens,
considered quite brutal and is where the word
“Vigilante” came from.
Statute of Winchester (England)
Establish a rudimentary criminal justice
system in which most of the responsibility
for law enforcement remained with the
people
1. The watch and ward act
2. Hue and cry system
3. Parish constables
4. All males kept weapons in their home for
maintaining public peace.
JONATHAN WILD (England 1720’s)
buckle operator and a brothel operator and
a master criminal who became the London’s
most effective criminal investigator.
most famous thief catcher in 1970’s
conceived the idea of charging a fee for
locating and returning stolen property to
rightful owner.
HENRY FIELDING (1749)
◦ Founded the Bow Street Runners,
London’s first professional police
force.
JOHN FIELDING (1753)
◦ Younger half brother of Henry, and a
personal assistant.
◦ Introduced the practice of developing
informants, printing wanted notices,
bearing firearms and handcuffs.
◦ Known as “Blind beak”
EUGENE “Francois” VIDOCQ (France, 1811)
Established a squad of ex-convicts to aid
Paris police in investigation
Worked under the theory “Set a thief to catch
a Thief”
Introduced a concept of “Trade Protection
Society” which is the forerunner of credit card
system
Founder of LA SURETE, France’s national
detective organization
Father of Modern Criminology in France
DR. EDMOND LOCARD

A pioneer on forensic science

Sherlock Holmes of France
Formulated the basic principle of forensic
science
“Every contact, leaves a trace”
SIR ROBERT PEEL (London 1829)

Father of Modern Policing System

Established London Metropolitan Police
Force (LMPF), worlds first modern organized
police force.
Crime prevention as a primary police
objective
“the police are the public, and the public
are the police”
WILLIAM HENRY FOX TALBOT (1839)
Father of Photography

1851, BOSTON, MASSACHUSSETTS, USA

First introduced the multi-suspect
identification line-up also known as “POLICE
LINE-UP”

KATE WAYNE (USA 1852)

First woman detective in history of CI
Hired by Pinkerton Agency
THOMAS BYRNES (1866)
Recognizing individual techniques.
Modus Operandi

1851, JESSY JAMES GANG, USA

15 year hold-up and robbery spree (12 bank
hold-ups and 12 train stage robberies in 11
states)
ALPHONSE BERTILION (France, 1882)

Introduced the first systematic identification

thru Anthropological measurement known as
Anthropometry System
Considered as the Founder of Criminal
Investigation
Father of Personal Identification
 Measurements taken on
Anthropometry System

1. Body: height, reach from finger tips to

finger tips, length of trunk and head, or
height sitting
2. Head: length and width, length and
width of the right ear
3. Limbs:
PAUL LELAND KIRK (1953)
A forensic chemist and Scientist
Pioneered the blood spatter evidence
Uses the bloodstain pattern analysis

DEOXYRYBONUCLEIC ACID (DNA)

DNA typing was first used to solve a crime in
1986 in ENGLAND
DNA profiling was first introduced in US
criminal court.
1987 in USA-First conviction using DNA was
Tommy Lee Andrews
ALLAN PINKERTON (1818-1884)
America’s founder of Criminal Investigation
Pioneered “shadowing, roping, art of
surveillance- “We never sleep”

DR. HANS GROSS

Earliest advocator of criminal investigation
as a science
Father of Criminalistics/ Forensic Science
DR. ARTHUR C. DOYLE (1859-1930)
Best known as the creator of the character
of master sleuth Sherlock Holmes.

DR. ALEC JOHN JEFFREYS

Used DNA fingerprinting and profiling to
identify Colin Pitchfork as the murderer of two
(2) young girls in England.
FLAVIANO GUERERO
The only Filipino member of the United
States Federal Bureau of Investigation (FBI)

Take Note: The evolution of criminal

investigation is closely similar with the
historical development of criminalistics
Criminal Investigation in the Philippines
(Brief History)
October 3, 1901- Creation of Investigation
Section pursuant to Act No. 235 of the
Philippine Commission.
1936- Division of Investigation was created
with 45 initial members, was organized by
Thomas Dugan and Flaviano Guererro and
patterned after the FBI.
1987- The mandate of the Constitution
establishing the National Police Force that
should be national in scope and civilian in
character.
Criminal Investigation in the Philippines (Brief
History) Con’t……
under the DILG paved the way for the creation
of PNP. Consequently, the CIS is retained as one
of the support units of the PNP.
1994- Criminal Investigation Service Command
was renamed as Criminal Investigation and
Detection Group (CIDG) following NAPOLCOM
Res. No. 92-37 with the motto “We seek the truth”
1996- SOCO team was organized to meet the
mission of Crime Laboratory which is a support
unit of the PNP by virtue of NAPOLCOM Res. No.
96-058.
1987 Philippine Constitution, Art 3, Sec 12
(1)
“Any person under investigation of the
commission of an offense shall have the right
to be informed of his right to remain silent and
to have a competent and independent counsel
preferably of his own choice. If the person
cannot afford the services of a counsel, he
must be provided with one. These rights
cannot be waived EXCEPT in writing, signed
and in the presence of a counsel”
The rights of a person under Custodial
Investigation;
1. Right to remain silent. Anything that he/she
may say may be used for or against him/her
in any court of law.
2. Right to have a counsel preferably of
his/her own choice and if he/she has none,
the government must provide one for him.
3. Right to informed of the nature of the
charges against him.
4. Right to be informed of such rights under
the Constitution.
Related Case:
Miranda vs. Arizona (1966)
It originated from the American jurisprudence.
Mr. Ernesto Miranda, a Latino who was accused
of kidnapping and rape in the State of Arizona.
The Arizona Police interrogated him exhaustedly
leading to his confession. Based on his
confession, he was charged, tried and convicted.
Appeal of his conviction was made before the
Arizona Supreme Court but his conviction was
affirmed. The appeal was then elevated to the US
Supreme Court where there was a reversal of the
decision and he was acquitted on constitutional
grounds.
 CRIMINAL INVESTIGATION

It is the act or process of investigating or

the condition of being investigated.
It also refers to a search or inquiry for
ascertaining facts; detailed or careful
examination.
It came from the “Latin” word
“INVESTIGAT” means “to inquire or to
discover” during the 5th century.
 CRIMINAL INVESTIGATION

It is the collection of facts to accomplish a

threefold aim:
1. to identify the guilty party
2. to locate the guilty party and
3. to provide evidence of his guilt

Source (WPD Investigator’s Handbook)

 Three Elements of Crime

1.Motive- moving power or force which

compels a person to commit acts towards a
definite result.
2. Opportunity- the chance or time given to the
offender in committing the crime.
3. Instrumentality/Capability- involves the use
of materials and other means which arte
essential in the commission of the crime.
 Criminal Investigation an ART or
SCIENCE?
Investigation is a mixture of art and science.

It is a SCIENCE – because there are certain

rules that should be followed to conduct a
successful investigation and because the pure
and applied sciences play an increasingly
important role in investigation.

It is an ART – because it depends on the skills

of the investigator, including interpersonal
communication and creativity.
Criminal Investigation as an ART – because
it is not governed by rigid rules or fixed legal
procedures but most often based from the
intuition (logic and tested knowledge,
immediate learning/consciousness).

According to Dr. Hans Gross it is governed

by:
a. 95% - perspiration
b. 3% - inspiration
c. 2% - luck
Criminal Investigation as SCIENCE –
because it involves the application of
knowledge of forensic sciences in the process
of identifying, locating, collecting processing
and/or evaluating physical evidence.

It covers a broad activity concerning crimes

against persons, property, security of the state and
other crimes such as syndicated organized crimes of
kidnappings, illegal drug trade and trafficking,
assassinations, bank robberies, carnappings,
computer crimes, money laundering, religious crimes,
white slavery and others.
 GOALS of Criminal Investigation

1. To determine whether a crime has been

committed
2. To legally obtain information or evidence
3. To identify persons involved
4. To arrest suspects
5. To recover stolen properties
6. To present the best possible case to the
most possible case
 The Three Fold Aim of
Criminal Investigation

1. to identify the guilty party

2. to locate the guilty party
3. to provide evidence of his guilt
 Kinds of
Criminal Investigation

1. Investigation while the suspect is under

arrest and detention

2. Investigation while the suspect is at large

 Modes of Investigation

1. Reactive mode of investigation addresses

crimes that already happened or occurred

2. Proactive mode of investigation identifies

and arrests suspects before crime will
happen. Designed to catch the criminal in
the act of committing a crime rather than
waiting until a crime is reported.
 SIX (6) CARDINALS of
Investigation
(5W’s and 1H)
WHAT offense has been committed?
WHERE was the offense committed?
WHO committed the offense?
WHEN was the offense committed?
WHY was the offense committed?
HOW was the offense committed?
Criminal Investigator – refers to the person who
carries out the investigation. They are also
known as Prober and is considered as the
superstar in the process of investigation.

Police Investigator – a PNP uniformed both

police commissioned officer (PCO) and police
non-commissioned officer (PNCO) conferred
with appropriate certification to investigate who
must be a graduate of Criminal Investigation
Course for PNCO and Investigation Officer
Basic Course for PCO. (Napolcom Cir. No. 2013-002)
Police Detective – a PNP uniformed who was
previously certified as a police investigator but
was able to complete 18 units of Master’s
Degree and completed the Police Detective
Course and acquired the requisite experience
relating to investigation of cases and
appearance in court duties to support the
successful filing and prosecution of offense.
(Napolcom Cir. No. 2013-002)
 Roles of Criminal Investigator
Determine whether the crime has been
committed
Identify the victims and offender
Locate and apprehend the offender
Present evidence of the guilt of the offender
Assist in case follow-up
 Characteristics of Competent Criminal
Investigator
Perseverance
Endurance
Incorruptible honesty and integrity
Intelligence and wisdom of Solomon
Acting activity
Oral and written communication
Observation and description
 Characteristics of Competent Criminal
Investigator
Courage
Knowledge on laws
Power to “read between the lines”
Technical knowledge

in short….
Prepare
for a
quiz.
Strictly
no
cheating