FUNDAMENTALS OF CRIMINAL

INVESTIGATION

 
Definition
 Criminal Investigation is an art which
deals with the identity and location of the
offender and provides evidence of his guilt
in a criminal proceeding.
3 fold aims of investigation:
1. identify the guilty party;
2. locate the guilty party; and
3. provide evidence of his guilt.
Criminal Investigation
- an art or process, in the identification, location
and scientific collection of evidence for court
presentation to establish conviction or
exoneration.

- is the process of discovering, collecting,

preparing, identifying and presenting evidence to
prove the truth or falsity of an issue in law. –
Because no two crimes are identical, even if they
are committed by the same person, each
investigation is unique.
 HISTORICAL BACKGROUND OF
CRIMINAL INVESTIGATION

JONATHAN WILD
a reformed criminal, became London’s most
effective criminal investigator. He became the
most famous thief-catcher in 1720s. His methods
popularized the idea of employing a thief to catch a
thief. He introduced the idea of charging a fee for
locating and returning stolen property to its rightful
owners.
 HENRY FIELDING

an Englishman who wrote a novel entitled

“Tom Jones”, was appointed as magistrate
(sheriff) for the areas of Westminster and
Middlesex in London. While he was the
magistrate, he performed a group of non-
uniformed thief-catchers attached to the Bow
Street Court whose function was to detect and
watch criminals.
 SIR JOHN FIELDING

the younger brother of Henry Fielding, took

control of Bow Street Court. His investigators
were then called Bow Street Runners and they
were quite effective because of his personal
guidance although he was blind. He introduced
the practice of developing paid informants,
printing wanted notices, employing criminal
raids, and bearing firearms and hand cuffs
PATRICK COLQUHOUN
a prominent London resident, proposed the unique idea
of creating a sizable uniformed police force to secure
the city of London as an answer to the alarming
increase of criminality.

EUGENE ‘Francois’ VIDOCQ

a former convict who became a Paris investigator,
founded BRIGADE DE LA SURETE (now known as
Surete Nationale) which became the national detective
agency of France. Vidocq popularized the principle of
“set a thief to catch a thief”. He also introduced the
concept of “trade protection policy”, which became the
forerunner of our credit card system.
 SIR ROBERT PEEL

founded the London Metropolitan Police called

the SCOTLAND YARD. He reiterated the idea
of creating a sizable police force in his
recommendations, which lead to the passage of
the Metropolitan Police Act.
He introduced the techniques of surveillance
such as detectives concealing themselves, and
secretly photographing and recording
conversations.
WILLIAM HENRY FOX TALBOT
explained a photographic process he had
invented to the Royal Society of London.
JOHN HERSCHEL coined the term
‘photography’ in the English language
JEAN JACQUES MANDE DAGUERRE
gave a public demonstration in Paris, France of
his discovery known as DAGUERREOTYPE
process that he developed in collaboration with
JOSEPH NICEPHORE NIEPCE.
Criminal Investigation is
considered a reconstructive
process. It uses the logical process
of DEDUCTIVE REASONING
and INDUCTIVE REASONING
in which a conclusion follows from
specific facts.
 DEDUCTIVE REASONING
Equally important, however, is evidence establishing innocence.
Criminal Investigation is a reconstructive process that uses
DEDUCTIVE REASONING.
It is a logical process in which a conclusion follows from specific
facts. Based on specific pieces of evidence, investigators must
establish proof that a suspect is guilty of an offense.
For example, finding the suspect watch at the scene of the burglary
is one of evidence that support the premise that the suspect was at
the scene. An issue that might arise is whether the watch could have
been planted there.
Investigators need to anticipate what issued might arise and what
evidence is needed to support the prosecutor’s case. All issues in
dispute must be supported by evidence. The more evidence an
investigation yields, the stronger the proof of guilt.
 INDUCTIVE REASONING
 Going from the generation and establishing it by gathering specific
facts.
 Example of (INDUCTIVE)
 Investigator responded to the crime scene, finds dead man w/ a
revolver in his hand (fact) and a suicide note on the table (fact). The
officer might infer that the man committed suicide. He might also
hold the “OPINION” that the people who commit suicide are
cowards. This “opinion” is irrelevant to the investigation. The
“INFERRENCE” however is critical. If the officer formulates a
theory about the death based on suicide and sets but to prove the
theory correct, much information and evidence may be ignored.
This is known as “inductive reasoning”, going from the
generalization and establishing it by gathering specific facts.
(Recall that criminal investigation is a reconstructive process
that uses deductive reasoning.)
OBJECTIVES OF CRIMINAL INVESTIGATION
The true objective of criminal investigation is the
conviction of the participants and the ending of the
criminal activity (Kilfeather, 2011). However due to the
changing nature of such activities, this goal becomes
more complex. The objectives of criminal investigation
are more clearly enumerated below (Kilfeather, 2011).
To detect crime
To locate and identify suspects in crime
To arrest suspect in crime
To recover stolen property
To prepare sound criminal cases for prosecution
 THE THREE (3) PHASES OF INVESTIGATION

Phase I: Identify the suspect through:

 1.CONFESSION- admission of the suspect on the offense

committed; an excellent means of identification; It may come in
judicial, extra-judicial, involuntary types.
 2.EYEWITNESS- made by several objective persons who are
familiar with the appearance of the suspect who personally
witnessed the commission of the offense and who have personal
knowledge of what happened.
 3.CIRCUMSTANTIAL EVIDENCE- established directly by
proving other facts or circumstances from which either alone or in
connection with other facts, the identity of the perpetrator may be
established.
Phase II: Locate and apprehend
suspect:

The crime perpetrator may not operate

near his residence hence his flight from
the scene is merely a return home,
unless he is recognized during the
commission of the offense.
Phase III: Gather and provide evidence to establish
the guilt of the accused:

The investigator must be competent in finding relevant

evidence.
In criminal cases, physical evidence can be found at the
crime scene, with the victim and from the perpetrator and
their environment. Appreciation of forensic science is
vital.
In proving the guilt of the accused in court, the fact of the
existence of the crime must be established; the accused
must be identified and associated with the crime scene;
competent and credible witnesses must be available; and
 THE GOLDEN HOUR IN CRIME
INVESTIGATION
“The Golden Hour” in crime investigation refers to the first 72
hours of a murder or kidnapping/abduction investigation
(PNP, 2011). Actions undertaken at this period deal with the
initial response to a crime scene and the initial investigation
undertaken, including the conduct of interviews and profiling. It
is the most crucial time for the investigator to collect vital
evidence and information.

The actions of the police in solving the crime in this critical time
is mostly cited as one of the weaknesses within the investigative
process which is prone to error mostly in the response in terms
of crime scene and evidence protection and evidence collections.
6 Cardinal points of investigation
1. What specific offense has been
committed?
2. How the offense was committed?
3. Who committed it?
4. Where the offense was committed?
5. When it was committed?
6. Why it was committed?
Who is a Criminal Investigator?

 Criminal Investigator is a person

who is charged with the duty of
carrying out the objectives of an
investigation.
 Qualities of an Investigator

1. He must have the ability to persevere

despite of the obstacles and monotony of
investigation.
2. He must have the ability and intelligence
to obtain vital information easily.
3. He must be honest, incorruptible and with
personal integrity.
4. He must have knowledge of
psychology of human behavior.

5. He must have a keen power of

observation and memory retention to
accurately describe what he has seen.

 6. He must be resourceful and quick-

witted.
 Three Tools of Investigation
1. Information is the knowledge which the
investigator gathered and acquired from other
persons.

Classification:
a. Information from regular sources as records and
files of the police, company records, civic-spirited
citizen;
b. Information from cultivated sources such as
paid informants, bartenders, cab drivers,
criminals, prostitutes and others.
2. Interrogation /Interview
Interrogation is the vigorous questioning
of one who is reluctant to divulge
information.
Skillful questioning of hostile witness
and suspects

Interview is the simple questioning of a

person who is cooperating with the
investigator.
 3. Instrumentation
 Instrumentation is the application
of instruments and methods of
physical sciences in the detection of
crime such as ballistics,
fingerprinting, chemistry,
polygraphy, etc. (criminalistics). 
Basic and Necessary Investigative Equipment of
the Investigator
A diligent investigator should ensure availability of basic equipment and
supplies before going out of the police station to conduct an investigation. These
may include but are not limited the following:

1.Recording instruments

a.Camera
b.Voice recorder
c.Video camera
d.Measuring device (tape measure, ruler)
e.Crime scene template
f.Evidence tags
g.Evidence markers
h.Other electronic recording gadget
PHASES OF INVESTIGATION
1. Identify the criminal
A. confession
B. eyewitnesses testimony
C. circumstantial evidence
D. Associative evidence
2. Trace and locate the criminal
3. Prove by evidence the guilt of the
suspect.
 Goals of Criminal Investigation:

Determine if a crime has been committed

Legally obtain information and evidence to
identify the person(s) responsible
Arrest the suspect(s)
Recover stolen property
Present the best possible case to the prosecutor
 Custodial Investigation
Custodial investigation is defined as the
questioning initiated by law enforcement officers
after a person has been taken into custody or
otherwise deprived of his freedom of action in any
significant way (People vs. Caguioa, 95 SCRA 2).
The practice of issuing an invitation to a person
who is investigated in connection with an offense
he is suspected to have committed (People vs.
Tan, 286 SCRA 207)
 When and where does custodial investigation
begin?
A custodial investigation begins when it is no
longer a general inquiry into an unsolved crime
but starts to focus on a particular person as a
suspect; example when the police investigator
starts interrogating or exacting a confession from
the suspect in connection with an alleged offense
(People vs. Andan, 269 SCRA 95)
CI commences when a person is taken
into custody and singled out as a suspect
in the commission of a crime under
investigation and the police officers begin
to ask question on the suspects
participation therein and which tend to
elicit admission (People vs. Pasudag. GR.
No.12882 May 4, 2001
 Duties of the police during custodial Investigation
a. The arresting officer, or the investigator, as the case
may be, shall ensure that a person arrested, detained
or under custodial investigation shall, at all times, be
assisted by counsel, preferably of his own choice;
b. The arresting officer, or the investigator, as the case
may be, must inform the person arrested, detained or
under custodial investigation of the following rights
under the Miranda Doctrine in a language or dialect
known to and understood by him:
1) That he has the right to remain silent;
2) That if he waives his right to remain silent,
anything he says can be used in evidence
against him in court;
3) That he has the right to counsel of his own
choice; and
4) That, if he cannot afford one, he shall be
provided with an independent and competent
counsel; and
5) That he has the right to be informed of such
rights.
c. If the person arrested, detained, or under custodial
investigation opted to give a sworn statement, the
arresting officer, or the investigator, as the case may
be, must reduce it in writing (Form “C” - Annexes);
d. The arresting officer must ensure that, before the
sworn statement is signed, or thumb marked, if there
is inability to read and to write, the document shall
be read and adequately explained to the person
arrested, detained or under custodial investigation by
his counsel of choice, or by the assisting counsel
provided to him, in the language or dialect known to
him;
e. The arresting officer, or the investigator, as the
case may be, must ensure that any extrajudicial
confession made by a person arrested, detained or
under custodial investigation shall be:
1) In writing;
2) Signed by such person in the presence of his
counsel; or
3) In the latter’s absence, upon a valid waiver,
and in the presence of any of the parents, elder
brothers and sisters, his spouse, the municipal
mayor, the municipal judge, district school
supervisor, priest, imam or religious minister
chosen by him.
Failure of the arresting officer, or the
investigator, to observe the above
mentioned procedures shall render the
extrajudicial confession inadmissible
as evidence in any proceeding;
f. The arresting officer, or the investigator, as the case
may be, must, under established regulations, allow the
person arrested, detained, or under custodial investigation
visits by or conferences with any member of his
immediate family, any medical doctor, priest, imam or
religious minister chosen by him or by any member of
his immediate family or by his counsel, or by any local
Non-Governmental Organization (NGO)duly accredited
by the Commission on Human Rights (CHR) or by any
international NGO duly accredited by the Office of the
President. His “immediate family” shall include his
spouse, parent or child, brother or sister, grandparent or
grandchild, uncle or aunt, nephew or niece, and guardian
or ward; and
g. After interrogation, person under custodial
investigation shall have the right to be informed
of his right to demand physical examination by
an independent and competent doctor of his
own choice. If he cannot afford the services of a
doctor of his own choice, he shall be provided
by the State with a competent and independent
doctor to conduct physical examination. If the
person arrested is female, she shall be attended
to preferably by a female doctor.
 BASIC DOCTRINES IN CRIMINAL
JURISPRUDENCE
  1. FRUIT OF THE POISONOUS TREE
DOCTRINE
 The doctrine of poisonous tree was established
in a US Supreme Court decided case sometime in
1961. This doctrine upholds that illegally
obtained evidence is inadmissible in state criminal
prosecutions. In the case of Weeks vs. United
States, the Supreme Court established that
products of illegal search, seizure and arrest are
excluded as admissible court evidence. This
doctrine is otherwise called Exclusionary
 2. MIRANDA DOCTRINE

 Miranda doctrine is a rule or principle in criminal

jurisprudence that requires mandatory pre-interrogation
warnings concerning self-incrimination and the right to legal
counsel of the suspect. Miranda doctrine mandates that prior
to any questioning, the police must make known to the suspect
that:
a. He has the right to remain silent – that anything he says can
and will be used against him in the court of laws;
b. He has the right to hire and consult with an attorney, and to
have his counsel present during questioning – and if he cannot
afford to hire an attorney, one will be appointed to represent
him before any questioning, if he wishes one; and
c. He cannot waive these MIRANDA RIGHTS except in
writing and in the presence of a counsel.
 RIGHTS OF PERSON UNDER
CUSTODIAL INVESTIGATION
From the provisions of Article III, Section 12, 14 and 17 of
the 1987 Philippine Constitution, these are the primary
constitutional rights of a person under custodial investigation:
 1. The right to remain silent
 2. The right to counsel
 3. The right to be informed of his rights
 4. The right against use of torture, force, violence, threat,
intimidation, or any other means which vitiate the free will
 5. The right against secret, solitary, incommunicado, or
other similar forms of detention
 6. The right to due process of law
 7. The right against self-incrimination
CLASSICAL SYSTEMS OF
GATHERING INFORMATION
1. French System – This involves the practice of
obtaining the information that relies heavily in
buying information. Hence, it advocates the
extensive use of informers.
2. English System – This is the practice of
gathering information that has little
regard/consideration on paid information. It is the
system that relies more on the information
provided voluntarily or willingly by patriots or
civic minded informants.
 WHAT IS CONFESSION?
Confession is a declaration made at anytime by a
person voluntarily, without compulsion or
inducement, stating or acknowledging that he has
committed or participated in the commission of a
crime.
statement of fact by the accused which directly
involve an acknowledgement of guilt of the
accused or of a criminal intent to commit the
offense with which he is charged.
 Requisites of a Valid Confession:
It must be in writing; it can be oral when
done in open court.
Must be in the presence of a counsel
It must be free from any threats or
coercion (it must be voluntary)
Must be under oath
Signed by the accused
 WHAT IS ADMISSION?
It is a self-incriminatory statement by the subject
falling short of an acknowledgement of guilt.
Statement – is a legal narrative description of
events related to a crime.
Deposition – is the testimony of a witness
reduced to writing under oath or affirmation,
before a person empowered to administer oaths,
in answer to interrogatories (questions) and cross
interrogatories submitted by the parties.
Ordinarily it is an attorney who gets depositions.
G. Reasons Why Crime Should be Investigated

 1. To determine the cause

 2. To prevent similar occurrence
 3. For future deterrence to others
 4. For community safety
 5. For protection of the innocents
 Roles of the Criminal Investigator
1. To determine that a crime has been committed
 a. an act which violates no statute is not a
crime.
 b. departmental jurisdiction is limited
 c. possibility of false report
 d. the legal concept of corpus delicti
2. To identify the victim and offender
3. To locate and apprehend the suspect
4. To present evidence of guilt
 METHODS OF IDENTIFYING THE CRIMINALS
A. By Confession or Admission of the Criminal
himself
 Confession is a direct acknowledgement by
the accused in a criminal case of the truth of his
guilt as to the crime charged or of some parts of
the commission of the criminal act itself.

 Admission is the statement of facts by the

accused in a criminal case which do not directly
involved the acknowledgement of guilt in the
commission of crimes for which he is charged.
 Rules to be observed in taking confession or
admission
a. Confession or admission must be taken preferably in
writing and under oath, if not, it is also admissible in
evidence.
b. It must be written in the language understood by the
accused, if not, it must be translated to him clearly.
c. It must be freely and voluntarily given by the accused.
d. Under the New Constitution, it must be taken in the
presence of a lawyer chosen by the accused, if not after
the accused has been informed of his right to be assisted
by a counsel.
Note: A promise of hope, favor, reward, use of force or
intimidation, threats or fear, makes the confession or
admission involuntary and therefore not admissible in
court.

Additional requirements for Confession or Admission to

Prove the Guilt of the Accused.
a. It must be supported by other corroborative evidence.
b. Corpus delicti ( body of the crime) must be
established separately
c. The confession must be voluntary and freely given
 B. By the Identification and
Testimonies of Eyewitnesses
 An ordinary layman is not skilled in the art
of description by observation and consequently
he will describe a wanted person with
generalities. It is often difficult to form a
definite picture or even to establish one useful
peculiarity. The investigator must assist the
witness in describing the original but he must
avoid the introduction of errors through
suggestions.
 Kinds of criminals identified by witnesses
1. Known Criminals – these are criminals whose
pictures are available from police files and
records. Their identity can be established through
background investigation and description
furnished by their relatives and other criminals.
2. Unknown Criminals – these are criminals
whose identifications are furnished by
eyewitnesses only. Their pictures and records are
not available from the files of the police. The
descriptions are vague and difficult to identify.
 Methods of identification by witnesses
1. Verbal Description – This method depends on
the ability of the witness to describe the person
seen committing the crime. Description is based
on the physical features of the person.
2. Photographic Files (Rogue’s Gallery) – the
witness maybe taken to the Photo Laboratory to
examine the photograph files of known criminals.
He must be instructed to call the attention of the
investigator on any strong similarity that he may
find in the file resembling the criminal even the
smallest feature of the face alone.
3. General Photograph – the witness should be
shown variety of facial types which do not
necessarily represent the criminal. The picture
only represents different features of the face.
4. Artist’s Assistance – an artist sketches must be
employed to help the witness draw a picture of
the criminal. From this selection the artist draws
a composite face which may be a close
approximation to the criminal identity.
5. Police Line-up is used as a means of selecting
a suspect from a group of innocent persons. The
purpose is the elimination of the power of
suggestions as a factor in identification.
C. Identification based on Circumstantial
Evidences

 This is the identification established

indirectly by proving other facts of
circumstances from which, either alone
or in connection with other facts, the
identity of the suspect can be inferred.
 Sufficiency of Circumstantial Evidence to
produce the conviction of the accused

1. When there are more than one circumstance

present
2. When the facts from which the inference
are derived are proven
3. When the combination of all the
circumstances is such as to produce a
conviction beyond a reasonable doubt.
 Sources of circumstantial evidences

1. Motive – is what induces the criminal to act.

It could be inferred from the statements of
witnesses that the suspect has been motivated by
hate, love, anger, jealousy, greed or economic
gain, revenge or vengeance in the commission of
the crime.

Note: Motivation is hard to establish in crimes

committed by mentally deranged persons. 
2. Opportunity – is the physical possibility that
the suspect could have committed the crime
and therefore, could be used to identify him at
once. It could be inferred from the following:
a. The suspect could have been in the vicinity
of the crime scene at the time it was
committed.
b. Knowledge of the criminal objective
c. Absence of an alibi on the part of the
criminal.
3. Intent – is the accomplishment of the
act and where it is an element in the
commission of an offense, it must always
be proved. To show the identity of the
criminal intent must established that the
criminal is aware of the consequences of
his acts.
D. Identification based on Associative
Evidences
 These are the Physical Evidences which may
identify the criminal by means of clues, personal
properties or the characteristics pattern of
procedure deduced from the arrangement of
objects to the crime scene. The offender may
leave some clues such as weapon, tools, garment,
fingerprint, foot impressions, wallet, wearing
apparels and others. In case of crime of violence,
hair and bloodstains of the offender may leave
the evidence of physical struggle. Similarly,
those physical evidences may leave the story of
E. Identification by the Method of
Operation (MODUS OPERANDI)
 The Modus Operandi File enables the
investigators to recognize a pattern of criminal
behavior exhibited by the suspect. The
investigator can also detect thru the files that a
series of crimes committed were done by a single
criminal and there from he can predict and
approximate the next target of the criminal in the
future. Likewise, the M.O. Files can help the eye
witnesses and victims identify the criminal faster
through the characteristics of the criminal
activities and his behavior in committing the
The M.O. Files are classified and filed in such
a way as to assist in identifying the crimes
either as one committed by known criminals or
those committed by Unknown Criminals. The
method as devised by Major General Sir
Lewely Atcherley operates under the principles
“that it is human nature that personal habits
and mannerism do not change easily but
remains with the individuals for years even
among criminals.”
 Classification of Characteristics
Pattern of Criminal Activities
1. As to the Nature of Stolen Property – the
nature of stolen properties through theft or
robbery may be classified into perishable or
non-perishable; metallic or into jewelries,
appliances, wearing apparel, cash, foodstuff
and the like. This will provide important clues
in the identification of the criminal.
2. As to the Description of the Criminal – if
the criminal was observed, his verbal
description must be recorded.

3. As to the Observation of the Crime Scene –

the general lay-out or appearance of the crime
scene after the criminal left will distinguish
behavior of the criminal in perpetrating the
crimes from others.
4. As to the Motive – when property is lost, theft or
robbery is the motive; when the woman is assaulted,
lust could be the motive; when body is mutilated,
homicide or murder could have been committed by a
deranged person.

5. As to the time of Commission – the time the crime

was committed may point out the identity of the
criminal who prefers to execute the crime in a certain
time of the day or night. Naturally, since the exact
moment of occurrence cannot be readily established in
many cases, the investigator must endeavor to establish
the time of occurrence between determinable limits.
6. As to the Human Peculiarities – human weaknesses
are manifested consciously or unintentionally by anyone
even criminals while committing crimes. These ara
partaking the food or liquor of the owner, of the house
robber, defection of the table, stealing insignificant items
such as women’s bra and panties, taking a bath and
putting on the clothing of the victim. This is very
important to note since the behavior could not be very
common among criminals.
7. As to observed Natural Peculiarities – an observer of
the offender may be able to supply valuable clues in the
form of personal idiosyncrasies. Speech is one of the
most important clues. Enunciation, dialect and diction
can be closely described. The words openly spoken
while perpetrating the crime could also be noted.
8. As to the Manner the Crime was Committed
– a robber or night theft may use a definite
pattern of gaining entry to the house on several
occasions which distinguished him from the rest
of his companions in the business; a murderer
may use at all times knife or gun depending on
his choice; a swindler may use the same rule
and methods to deceive his victims; and a
pickpocket may employ the same number of
aids to foil the attention of the victim.
 INTERVIEWS AND
INTERROGATIONS OF CRIMINAL
Interview is the questioning of a person who
is believed to possess knowledge that is of
official interest to the investigator. It is
important because in most cases, interview is
the only source of information and a greater
part of the investigation is devoted to it.
 Qualifications of the Interviewer
a. The investigator must established good rapport
or relationship with the subject in order to win the
confidence of the latter. In the event that rapport or
good relationship between the investigator and the
subject does not achieve the purpose of interview,
then the interrogation may follow, the investigator
relying on the strength of his personality, trickery,
persistence, or resourcefulness.
2. The interviewer must possess forceful
personality. He must be sympathetic and
understanding without any air superiority.
3. There must be common interest developed
between the interviewer and the subject to
insure that both will continuously
communicate with each other. In such cases,
the investigator must have a broad practical
knowledge of the different subject matter from
sports to anything else.
4. The investigator as an interviewer must
have the qualities of a good salesman, actor
and psychologist. He must possess insight,
intelligence and persuasiveness.
 How to Evaluate Reactions to
Interview
a. Physical Mannerism – Nervousness, evasive
facial expression, and embarrassment at certain
questions, perspiration, face turning pale and
others will give indication of the trustworthiness
of the person.
b. Frankness – the investigator should compare
the subjects account of certain events with the fact
that he probably should have knowledge about the
crime. Significantly, omissions should be carefully
c. Emotional State – The investigator should
observe the emotional reaction to questions. Partial
guilt can be detected by unwarranted indignation
of excessive protest.

d. Content of the Statement – the information

given by the witness can be compared with the
statements given by other witnesses and with
known facts. Discrepancies and misrepresentations
can be detected by comparing the information with
the known facts.
 Definition of Interrogation

 Interrogation is the questioning of a

person suspected of having committed an
offense or of a person which is reluctant
to make a full disclosure of information in
his possession which is pertinent to the
investigation.
 Purposes of Interrogation
a. To obtain a confession to the crime
b. To induce the subject to make admission
c. To learn the facts and circumstances
surrounding the crime
d. To learn the identity of the accomplices
e. To develop information which will lead to
the recovery of the fruits of the crime
f. To discover the details of other crime where
suspect participated.
 Attitude to be adopted by the
Investigator during Interrogation
a. Dominate the Interview – The strength of his
personality of the interrogator must dominate and
command the situation. He must never loss self-
control, ill-temper, hesitancy in the face of violent
reaction, or obvious fumbling for questions as a
result of lack of resourcefulness.
b. Avoid distracting mannerism – Anything that
will distract the attention of the subject should be
avoided. Pacing in the room, smoking,, telephone
ringing and other should be avoided.
c. Language to be used – The language of the
investigator must be in consonance with the
level of the subjects’ mentality. The choice of
words should be made with view to encourage
a free flow of speech in the subject.
d. Wearing of Dress – Civilian dress is more
likely to inspire confidence and friendship in a
criminal than a uniform. The sign of protruding
gun may arouse enmity or defensive attitude on
the part of the criminal.
e. Preliminary Conduct – Identify yourself and show
your credentials. Inform the suspect about his right
against self-incrimination and the right to be represented
by a lawyer under the new constitution.
f. Presence of other Persons – Limit the number of
persons present during the interrogation. Ordinarily, the
interrogator should be along with the subject, and that
other parties may be called in for specific purpose, such
as signing the confession as a witness. 
g. The Choice of Place – It must be done in the office or
room where the interrogator shall have psychological
advantage. Avoid conducting the interrogation in the
subjects home, it will take him confident, indignant, or
recalcitrant.
 Description of the Interrogation Room
 The interrogation room must be free from
distraction to give more encouragement for the
suspect to cooperate. The following are the ideal
requirement of an interrogation room:
a. Privacy – there must be only one door,
absence of windows or views, sound proof and
telephones are without ringing bell.
b. Simplicity – too many objects in the room
distract attention of the subject.
c. Seating Arrangement – the interrogator and
subject must be seated without any intervening
furniture. The chair is armless or straight back
type. The table or desk must have flat surface for
writing. The subject must sit with his back facing
the door to avoid distraction by those getting
inside the room.
d. Use of Technical Aids – recording devices and
listening apparatus, may be installed within the
room but it must be hidden. Two-way or one-way
mirror may be installed for complainants and
witnesses as well as prosecuting officers to
 Behavior of Investigator during
Interrogation
a. Retain a pleasant mood. Do not show feelings of contempt,
impatience and scorn.
b. Control your temper unless it is a part of the act. Insults,
offensive languages and aspersions from the subject must be
ignored. Never show anger, charging or emotional disturbance
unless it is a part of the plan.
c. Radiate a feeling of confidence and never show doubt as to
the outcome of the interrogation. Confidence will show that the
investigator knows the whole story.
d. Never disclosed your theory about the case. Let the subject
guess how much is known or not known. Do not give any basis
for such judgment by revealing anything about the
investigation.
e. Avoid a clash of personalities – when the
investigator feels that there are developing
animosities or personal differences between him and
the subject, he should stop the interview on some
pretext or other. He should leave in a pleasant
manner in order that another investigator can
continue.
f. Suspects’ every answer and any statements must
not be accepted as being true. Face the possibility
that every answer is false. Re-check and verify
every answer and cover all angles of the case.
g. Never be little the subject by comparing it with
yourself.
 Selecting the Techniques of Interrogation
 The choice of technique to be used depends on the
nature of the crime committed, the character of the subject,
and on his personalities and limitations. However, once the
technique is chosen, the approaches are suggested during
the interrogation.
a. Emotional Appeal – This method id otherwise known as
sympathetic approach. He must have the character of an
actor and a practical psychologist. He must be able to
analyze the personality of the subject within a short time,
decide the motivation and create a mood conducive to
confession. He must listen to the subjects’ story of his
trouble, plight and unfortunate situation. An offer of
friendship and acts of kindness may win his cooperation.
 The Forms of Friendly Approach
1. As the helpful adviser – the investigator is
the subjects’ friend. If he explains the whole
thing to his friend, the investigator will try to
advise him.
2. As the sympathetic Brother – the subject
is seeking peace of mind and a square thing
with his own conscience. Recital of his story
to the investigator, the subject may have a
chance of helping him.
3. Extenuation – If the subject were to give the
details of the unfortunate incident, his friend, the
investigator could present the affair in its true light.
4. Shifting the Blame – If the subject has committed
the crime for the first time, the investigator may be
able to present the incident that it could happen to
anyone. A full narration may convince the judge or
the complainant to change their mind.
5. Role of “Mutt and Jeff” – one investigator will act
stiffly and going to waste any time until the guilty
party is punished while the other investigator will be
kind-hearted. The kind-hearted investigator will plea
for cooperation while the other is away.
 Creating or Increasing the Feeling of
Anxiety
– it is advisable to interrogate the
suspect if he is in the state of emotional
confusion, unable to think logically and
clearly and his sense of value is
disturbed. The investigator may obtain
confession or admission if he further
misrepresent at the picture by the
following method of creating anxiety.
1. By exaggerating fear – The interrogator persistently points
out that the subject cannot win and that there is no perfect
crime.
2. The choice of greater or lesser guilt – Ascertain criminal act
may constitute different kinds of offense which may be grave
or light. The investigator may represent himself to be
interested with the minor one. The subject who is afraid only
of the grave consequence may be free to talk or may confess to
a minor offense.
3. The line-up method - the witness, complainant, or victim are
requested to recognize the subject among the group of men in
a line-up. The witness or complainant who may be previously
coached confidentially points out the subject as the guilty
party in the line-up. Once pointed the subject is said to be
helping himself by “cooperating”.
4. The Reverse Line-up – in this method, the
accused is placed in a line-up and he is
identified by several fictitious offenses. It is
expected that the subject will become
desperate and confess to the offense under
investigation in order to escape from the
false accusation.
5. The “Bluff of a Split Pair” – this is
applicable when there are more than one
suspects. The suspects are separated and one
is informed that the other has talked.
 The Stern Approaches – a judicious application of
the following techniques may be useful to highly
probably guilty subject.
1. Pretense of Physical Evidence – the investigator may
pretend that certain physical evidence has been found by
laboratory experts against him. The average person has
mystical notions of scientific crime detection and will
accept practically any claims that science may make.
2. Jolting – may be applied to calm and nervous subject.
By constantly observing the suspect, the investigator
chooses a propitious moment to shout a pertinent question
and appear as though he is beside himself with rage.
The subject maybe unnerved to the extent of confession.
3. Indifference – the investigator will discuss the case with
another investigator in the presence of the subject. The
purpose of the discussion is to determine whether they can
obtain a conviction for a greater crime or whether they can
obtain a maximum sentence. The aim of course is to induce
the subject to plead with them. Gradually they become
“reasonably” to give in.
4. Questioning as a Formality – the interrogator as a series of
questions as though it were necessary formality in his routine
duty. He gives the impression that he knows the answers, but
that he is required to ask the question in consideration of the
accused. When the answer is not that which the interrogator
expects, he puts down his pencil skeptically, looks at the
subject, stares at his note and shakes his head ruefully.
5. Affording an Opportunity to Lie – The
interrogator first asks for detailed information
concerning the subjects’ background. Then he
proceeds to the activities of the subject before and
after the crime in questions. Then the investigator
invites the subject to tell his own words all that he
knows about the offense, the victim, the
complainant, possible suspect and the
circumstances surrounding his involvement in the
case. From all this point the investigator will be
able to detect weak points, such as lies,
inconsistencies, improbabilities and gaps. The
investigator give the impression that he is not
Types of Interrogation
a. Narrative Type – this type is good for subjects who
are willing to talk. They should be allowed to narrate
their stories without interruptions. However, the
investigator must observe the reaction of the subject
while telling his story and the words used.
b. Question and Answer Type – the subject is asked
question and while answering, the investigator should
wait until the subject finished the answer. This typr
requires that the investigator must have great deal of
knowledge about the case he is investigating. This is
preferable when the subject is not the talkative type.
 Methods of Recording Interview and interrogation

a. Mental Note

b. Written Notes
c. Stenographic Notes
d. Sound Recording
e. Sound Motion Picture
 Physiological Symptoms of Guilt
1. Sweating – If the face is flushed, anger is indicated. Extreme
nervousness or embarrassment may also be present. Pale color of
the face indicates fear or shock. Sweating hands indicate tensions.
2. Color Change – a flushed face indicates anger, shame or
embarrassment but not necessarily guilt. A pale face is a more
reliable sign of guilt.
3. Dry Mouth – Great nervous tension is present. This is
considered in giving a reliable symptom of deception, swallowing,
wetting of the lips, and thirst are indications of dryness of the
mouth.
THANK YOU!
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