Fundamentals of Criminal

Investigation and Intelligence

REFERENCES:

FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE BY RICO, APELA, ESTILLERO.

CRIMINAL INVESTIGATION MANUAL 2011

 CONTENTS

Admission and Confession

Relative Importance of Admission and Confession
Specific Purposes of Written Admission and Confession
Definition of Admission and Confession
Definition of Deposition
Sources of Statement
Methods of taking statement
Admissibility of Admission and Confession
RELATIVE IMPORTANCE OF ADMISSION AND CONFESSION
There is a tendency on the part of even professional investigators to exaggerate the values
of such admission and confession, and to misinterpret its significance. The written admission and
confession does not, for example, prove the matters to which it pertains. Often the written statement
is not considered admissible and does not become part of the evidence in the case. Moreover, if the
written admission and confession is admitted in evidence it will be subjected to the closest scrutiny
by the defense counsel. Above all, the question of voluntariness is commonly raised by defense
counsel and accusation of duress and coercion are brought against the prosecution witnesses.
Finally, proof of the elements of the offense should be developed by the investigator
independently of the written admission and confession for presentation to the court. He should
continue with his investigation and bring it to its completion as though the written admission and
confession existed mainly for the purpose of providing guidelines and additional leads for the
inquiry as well as the number of details which must be separately proved to supply additional
evidence or to serve as check on the information already acquired.
 Admission and confession has been called “the prime source of other evidence.”
Often it provides the investigator with information that would be otherwise unavailable—for
example, the scope of conspiracy, the existence and identity of accomplices, additional past
offenses attributable to the same person or group, and so forth.
Physical evidence that will be later analyzed through admission or confession; the
existence and location of a firearm used in the commission of a crime; the location of a motor
vehicle used in an assault; and location of stolen property are a few examples.
SPECIFIC PURPOSES OF WRITTEN ADMISSION AND CONFESSION
In addition to providing some of the general investigative advantages described above,
the obtaining of written admission and confession can serve the following specific
purposes:
1. To provide a written record for the case file.
2. For use by the prosecution at the trial to refresh recollection, impeach witness,
and, in general, monitor to some extent the testimony.
4. To assist the prosecution in planning its presentation by reducing the element
of surprise that unforeseen testimony would produce.
4. To discourage a witness from wrongfully changing his testimony at the trial.
DEFINITION OF ADMISSION
An admission is a self-incriminatory statement by the subject falling short of
an acknowledgement of guilt. It is an acknowledgment of a fact or circumstance from
which guilt may be inferred. It implicates but does not directly incriminate. A simple
statement to the effect that the subject was present at the crime scene may be an
admission.

DEFINITION OF CONFESSION
A confession is a direct acknowledgement of the truth of the guilty fact as
charged or of some essential part of the commission of the criminal act himself. To be
admissible, a confession must be voluntary and trustworthy. In addition, it has also
been stated that if the confession is to be used in prosecution it must have been
obtained by civilized police practice. The giving of the fourfold warning of rights is
necessary, but not a sufficient condition for the voluntariness and trustworthiness of a
subsequent confession.
DEFINITION OF DEPOSITION
A 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 and cross interrogations submitted by the party desiring the deposition
and the opposite party.
A deposition is used ordinarily to take the testimony of a witness who will
be at a prohibitive distance from the scene of the trial, or, who for some reason would
be unable to testify in person at the trial.
SOURCE OF STATEMENT
Whenever possible, important statements of witnesses and suspects should
be reduced to writing. Specifically, written statements should take from:
1. Subjects and suspects;
2. Recalcitrant or reluctant witness;
3. Key witnesses;
4. Any witness who goes an indication of a tendency to change his or her
mind; and
5. Witnesses who will not be available at legal proceedings.
METHODS OF TAKING STATEMENT
1. The subject may write his own statement without guidance. A statement of this nature, which is
sufficiently comprehensive, is the most desirable.
2. The subject may dictate to a stenographer without guidance.
3. The investigator may give the subject a list of the essential points to be covered in the statement and
suggest that he include these matters and ad whatever other pertinent information he may wish.
4. The subject may deliver his statement orally in his own way to the investigator who writes the
statement.
5. The subject may deliver his statement orally for the investigator or a stenographer in response to
questions put to him by the investigator. The responses are recorded verbatim.
6. The investigator may assist the subject in dictating his statement by suggesting words and locations
which will express the subject’s intended meaning. Naturally, great caution must be exercised by the
investigator to protect himself from a charge of influencing the subject. A tape recording is useful.
7. The investigator may prepare the statement by writing his version of the information given by the
subject. He should try to use expressions employed by the subject and submit the statement to him for
correction and changes.
ADMISSIBILITY OF ADMISSION AND CONFESSION
1. Tests for Admissibility
The test employed for the admissibility of admission or confession is the
following: An admission or confession must be voluntary and trustworthy, and it
must have been obtained by civilized police practices. The court requires more than
the voluntary-trustworthy test in demanding that the police methods should not be
“inherently coercive” and should be attended continuously by the prescribed
protective devices. Regardless of the actual effect of the police behavior on the
suspect in giving the admission or confession, the court requires that this behavior
not even have a tendency to compel admission or confession. Further, the court
considers the susceptibilities of the individual suspect in these cases rather than the
police methods in general.
2. Meeting the Tests
A number of the procedural safeguards for meeting the test of admissibility are summarized and
referenced below:

1) Fourfold Warning
The foremost requirement, upon which later admissibility of an admission or confession
depends, is that a fourfold warnings given to a person before he is being questioned.

2) Proof of Waiver
To forego these rights, an affirmative statement of rejection is required. No conclusion
can be drawn from a suspect’s silence after the warnings have been given. An express statement,
preferably written and witnessed, that the suspect is willing to make a statement and does not wish an
attorney may constitute a satisfactory waiver. In any event, a positive showing should be made to meet
“the high standards of proof of waiver of constitutional rights required by the court.”
3) Proof of Voluntariness
“The voluntariness doctrine . . . encompasses all interrogation
practices which are likely to exert such pressure on an individual as to disable him
from making a free and rational choice.” Again, the investigator should be prepared
to make a positive showing to the effect that the admission or confession was
voluntary given.

4) Record of Conduct
The record of the investigation, including the investigator’s notes
and the interrogation log should reflect the continuous availability of protective
devices fro the suspect’s rights, the absence of any threats, tricks, or cajoling to
obtain a waiver of rights, and the absence of all forms of duress and coercion in the
conduct of interrogation, and the testimony of witness is part of the record.