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CDI - CDI

Criminology (Emilio Aguinaldo College)

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THE GATHERING OF EVIDENCE

A. SKETCH OF THE CRIME SCENE:
Not all crime produces a crime “scene” in the sense that traces of its commission is
usually found. Crimes like forgery and embezzlement do not usually produce a distinct
crime scene wherein the investigator can focus his attention. But when a crime scene
has developed on account of the commission of a crime, the investigator must have a
thorough search of it to find traces of its commission. Traces may be left in the form of
clothing, shoe impression, fingerprints, blood stains, overthrown furniture, disturbed
articles and others.
It is not all times that there is crime “scene” in every crime committed. But
whenever the kind of crime being committed has developed that a crime scene, the
investigator must at all cost find the traces of its commission. Traces can be found at the
list enumerated above.
Preliminary Steps to be Taken Upon Arrival at the Crime Scene
1. Identify, and if possible, retain for questioning the person who first notified the police.
2. Determine the perpetrator by direct inquiry on observation of his identity is immediately
apparent.
3. Detail all persons present at the scene.
4. Summon assistance if necessary.
5. Safeguard the area by issuing appropriate orders to isolate the scene.
6. Subsequent permit only authorized persons to enter the area.
7. Separate the witnesses so as to obtain independent statements.
8. Do not touch or move any object.
9. Definitely assign the duties of the search if assistance is present.
Assignment of Duties of Investigators:
One investigator may be assigned to handle a case when it is a minor one. When a case is
relatively important and to insure thoroughness of the investigator, several investigators may be
designed to handle the case. If there are several investigators assigned to form a team, the following
arrangement and assignment is recommended.
1. Officer-in-Charge – One who direct search, assigns duties and assume the responsibility for
the effectiveness of the search. He is sometimes called the team leader.
2. Assistant OIC – he must implement the order of the Officer-in-Charge
3. Photographer – Photograph the crime scene and individual piece of evidences.
4. Sketcher – makes a rough sketch of the scene and later a finished sketch.
5. Master Note Taker – one who writes down in short hand the observation and description given
during the search.
6. Evidence Man – Collects preserves and tags articles of evidence.
7. Measurer – makes overall measurement of the scene.
8. Technicians – they may be the fingerprint man, ballisticians, chemists, medico-legal officers or
any technical man whose knowledge may be applied during the search of the crime scene.
9. Utility Man – he is responsible for maintaining the crime isolated from the public,
communicating with the office, transportation and such other duties that may be assigned to
him by the OIC.

Mechanics and Methods of Search of Crime Scene:

Before the actual search is done, the investigator must stand aside and make an estimate of
the situation. A certain area where there are no possible traces of the crime may be made as the
“headquarters”. Having formed the estimate, the investigator can no determine the number, kind and
views of the photographs he wishes to be taken. A plan for the search should be formed which will
cover all the ground. Every step of an investigator must be undertaken with the thought of ultimate
presentation in court. Notes and measurements must supplement the sketches and photographs.

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If the area to be searched is limited, indoor with few contents or any other situation which will
preclude a systematic search, no standard procedure of search is recommended. Any method of
choice will do provided that alertness knowledge and experience of the participating investigators are
present. If the area to be searched is quite extensive a more systematic scheme of approach is
recommended. The following are the different methods of search.

1. The Strip Method – the researchers (A, B, & C) proceed slowly at the same place along the
path parallel to one side of the rectangle. At the end of the rectangle, the searcher turns and
proceeds back along new lanes but parallel to the first movement.
In the modification of the strip method known as double-strip or grind method, the
rectangle is traversed first parallel to the side.
 Also known as the Grid method is conducted when searches proceed
simultaneously along the trail parallel to one side of a rectangle.
2. The Spiral Method – The searches follow each other in the path of a spiral beginning on the
outside and spiraling in toward the center.
3. The Zone Method – The area to be searched is divided into quadrant and each searcher is
assigned in each quadrant.
4. The Wheel Method – If the area to be searched is approximately circular or oval, the when
method may be used. The searches gather at the center and proceed outward along radii or
spokes. The principal drawback of this method is that the distance between searcher increases
as they depart from the center.
The Investigator must see to it that the search made with the employment of any of the above
methods must be thorough. The discovery of any physical evidence in the course of the search
must be collected and preserved without specific regard to their relationship to the crime.
However, a searcher must primarily concentrate on the following types of evidences:
1. Those which establish the element of proof that the crimes were committed;
2. Those which may serve to trace the criminal.
3. Those which will show the modus operandi of the criminal; and,
4. Those which will establish the corpus delicti of the crime.
Equipment to be Used in Crime Scene Search.
1. Searching Tools – such as flashlights, magnifier
2. Sketching Instruments
a. Measuring devices such as compass, steel tape, ruler
b. Recording implement such as chalk, graph paper, sketching pad, clip board, paper
pad for note taking
3. Collection of evidences such as cutting pliers, knife, screw driver, shear, scalper, dropper,
forceps, fingerprint equipment.
4. Preservation of Evidences
a. Container such as bottles, envelopes, test tubes, pins and thumbtacks.
b. Label and Seal such as evidence tags, gummed labels, sealing wax and grease
pencil.
Reconstruction of the Crime
After the completion of the search an effort must be made to determine from the appearance of
the place and its objects what naturally occurred and, what were the circumstances of a crime is
known as the reconstruction of the crime.

Kinds of Reconstruction:
1. Physical Reconstruction – the physical appearance of the crime scene is reconstructed from
the description of witnesses and indication of the physical evidence.
 There is actual re-performance of the crime committed.
2. Mental Reconstruction – after physical reconstruction, conclusions can be made concerning
the consistency of the accounts of various witnesses. No assumption should be made

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concerning actions which are not supported by evidences. No assumption should be made
concerning actions which are not supported by evidences. The final theory developed by the
investigator should provide a line of investigative action.
 This is done after having a physical reconstruction wherein the investigator
makes a conclusion regarding the similarity of statements of the witnesses.

B. PHOTOGRAPHING THE CRIME SCENE:

The following are the minimal requirements to be observed by the investigator to insure
admissibility of photographs in court.
1. The object which is represented should not be immaterial or irrelevant.
2. The photograph should not unduly incite prejudice of sympathy.
3. The photograph should be free from distortion.
Photographing the Crime Scene and Kinds of Photographs:
There must be series of photographs of the crime scene to supply the maximum information
and to enable the viewer understand how the crime was committed. The following kinds of
photographs must be taken from the crime scene.
1. Overall Photographs – carried in clockwise until at least four general view photographs have
been taken.
 This should contain at least four general view of the scene executed in a
clockwise direction.
2. Photographs of the deceased – a set of views showing the relationship of the dead body with
the surroundings.
 In homicide cases is necessary to show the relative position, relation of the body
with the surrounding. After removal of the body from the crime scene, another
setoff photograph intended for identification purposes and close up picture of the
wounds are taken.
3. Photographs of Articles of Evidence-weapons, blood stains, hair, fibers, papers and others
seen at the crime scene must be photographed before the removal.
 Before the removal at the crime scene each item and evidences should be
individually photographed to establish the relation of such materials with the
place where the crime was committed.
4. Special Techniques – Ultra-violet and Infrared, or other technical projection work must be
taken by the photographer.
5. Environmental Photographs-the surroundings of the crime scene must be photographed to
show the relative location and distances.
6. Photograph of the Body after Removal- for purposes of identification of the victim and close-
up pictures of the wounds.
Photographic Data:
A complete record of each photograph should be made in notebook so that the following
minimum essentials are available:
1. Data to identify the photographs with the offense.
2. Data to identify the photographer.
3. Data to orient the camera position with the scene.
4. The date and hour when photographed was taken.
5. Data reflecting the type and make of camera, film and details regarding special equipment used.
6. Date reflecting the light and weather condition when each photograph was taken.
7. Focal Length of the Lens
8. Data regarding developing, printing and any special laboratory technique.
9. Data to reflect a complete chain of custody of the photographic film used.

C.SKETCH OF THE CRIME SCENE

The sketch is the simplest and the most effective way of showing actual measurements
and of identifying significant items of evidences in their location at the scene. Sketching is
supplementary to photographs taken.

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Kinds of Sketch:
1. Rough Sketch – made by the investigator at the crime scene. No scale, proportion ignored
and everything is approximate. It is to be used as a basis of the finished sketch.
 This rough draft or outline is made by the investigator at the crime scene where
no scale and proportion is required and approximation is restored to. This would
serve as the basis of the finished diagrams.
2. Finished Sketch – made primarily for courtroom presentation. Scale and Proportion is
observed.
 This draft is made for courtroom presentation where proper scale and proportions
should be detailed.
Objects of Sketching by the Police:
1. Sketch of Locality – the sketch of locality gives a picture of the scene of the crime and its
environs, including such items as neighboring buildings, roads, loading to the location of the
house and others. In arson cases the sketch of the location is of great value as an aid in
determining whether the fire was caused by the nearby inflammable property.
2. Sketch of Grounds – the sketch of grounds pictures the scene of the crime with its nearest
physical surroundings, a house with garden, the plan of one or more floors in a house and so
forth.
 These would deficit the crime scene and its adjacent surroundings.
3. Sketch of Details – the sketch of details describes the immediate scene only such as the
room in which the crime was committed and the details thereof. Nowadays the sketch of
details of a room is generally carried out by what is known as a cross-projection. In this
method, walls and ceiling are pictured as if on the same plane as the floor. This will give a
clear impression of the scene in cases where blood stains or bullet holes are found in the walls
of the ceiling. The cross-projection may be further augmented by drawing on a cardboard and
cut0out. The folding of the cardboard will reproduce the interior of the room. One of the walls is
left hanging to permit looking into the room.
Elements of Sketching:
1. Measurements – it must be accurate up to the last inches.
2. Compass Direction – a standard arrow to designate the north must be indicated to facilitate
proper orientation.
3. Essential Items – sketch must include importance of investigation.
4. Scale or Proportion – the scale of the drawing depends on the area to be shown, the amount
of detail to be shown, and the size of the drawing paper available. The actual scale must be
stated in the sketch.
5. Legend – The explanation of any symbol used to identify objects must be stated. But
excessive lettering in the sketch generally results in a crowded sketch and obscures the
essential items.
6. Title – this include case identification, identification of the victim, scene portrayed, location,
data and hour made and name of sketcher.
Rules in Making a Sketch of the Crime Scene:
1. Never forget to determine the direction of the compass.
2. Control measurements. Do not rely on others to give them.
3. Do not draw things which are clearly irrelevant to the case. The advantage of sketching over
photography is that the sketch only contains the essentials, whereas the photograph often is
overcrowded.
4. Never rely on memory to make corrections at the headquarters only.
5. The scale must be drawn on the sketch. If a camera is used, marked its position of the sketch.
D.CARE, PRESERVATION AND TRANSPORTATION OF PHYSICAL EVIDENCE
 Physical Evidence – are articles and materials which are found in connection
with an investigation and which aid in establishing the identity of the perpetrator
or the circumstances under which the crime was committed or which, in general,
assist in the prosecution of criminals.

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Kinds of Physical Evidence:

1. Corpus Delicti – objects or substance which are an essential part of the body of the crime.
2. Associative Evidence – These are evidences which link the suspect to the crime scene or
offense. Fingerprints and show impression are good examples.
3. Tracing Evidence – These are articles which assist the investigator in location the suspect.
Rules in Evaluating the Materiality or Physical Evidence of the Crime:
The investigator must be able to recognize valuable evidence and determine its significance to
the offense. In order that an investigator can appreciate the value of physical evidence, he must have
the following characteristics:
1. Knowledge of the law of evidence.
2. Ability to recreate imaginatively the events proceeding during and after the commission of a
crime.
3. Ability to recognized indications of a “modus operandi”
4. Knowledge of the substantive law relating to the offense.
5. Knowledge of scientific laboratory technic and the conclusions which may be derived from their
use.
Rules to be Observed before Physical Evidence can be introduced into the Trial of Criminal
Cases
1. The articles gathered as evidence must be properly identified.
2. Continuity or chain of custody of the evidence must be proved.
3. Competency must be proved and it must be shown that the evidence is material and relevant
to the case.
Definition of the “Chain of Custody” – refers to the number of persons who handles the physical
evidence from the time of the commission of the alleged offense up to the ultimate disposition of the
case which number should be kept to the minimum. For every transfer of the evidence from one
person to another, a receipt should be issued. The receipt of the physical evidence shall be made
accountable and responsible for its care during the time it is in his possession, protect it and must
record the person from whom he received it and also to whom it was delivered.
 This pertains to the number of persons who have accessed to the evidences on
hand, from time it was discovered, collected, stored, and examined until its
presentation in court. As a rule, the chain should be kept to a minimum and for its
proper transfer, acknowledgement and receipt must be accomplished and duly
recorded.
Example: The investigator who gathered the evidences must put separate identification mark to the
evidence known only to him which could be maintained up to the time that he identifies the same
upon presentation in court regardless of the number of other persons who handles its such as
chemist, ballisticians, experts, custodial and others.

The Need for Protecting Physical Evidence

Evidence must be presented in court in the same substantial condition as it is at the time the
offense was committed. It must be protected from any accidental, intentional and even from natural
alteration. It is because some evidences are so fragile in nature that a slight act of carelessness in
handling can destroy their value as clues and remove the possibility of obtaining from them any
information which would further the investigation. Moreover, it will retain its proactive value to its
relevancy, materiality and competency. In view thereof, effort must be done due to minimize alteration
of the evidence. These alterations may be due to the following:
1. Natural Causes – Exposure to the elements may result to the deterioration of the evidentiary
value of an object. Rain, high temperature may affect certain types of evidence. Blood samples
may loss its blood grouping property by refrigeration.
2. Negligence and Accident – Precaution against breakage, destruction of fragile materials
accidental markings on documents and others must be observed.

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3. Intentional Damage or Theft – Measures should be made to maintain accuracy of the

evidence against thievery and malicious destruction
Receiving and Transporting Evidence:
Crime Scene evidence may be received from an informant, suspect or form other investigators.
These evidences have been exposed to elements before its aisc very. To avoid further damage, it
must be protected from extraneous contact possible.
In the case of evidence not found at the crime scene which are turned over the investigator by
the suspect. Compliant, witnesses or other persons where the crime has no definite scene of
occurrence, the investigator must be ingenious enough to properly handle and receive the same. He
must provide with ample container and protection with proper identifying mark. In addition, he should
make special note of the circumstances how it was received by him.
In transporting the evidence from the crime scene to the headquarter, proper packing must be
made to protect the evidence.

Storage of Physical Evidence:

Every investigator’s agency must be provided with storage room constructed and equipped to
give physical protection against alteration or destruction from natural causes or authorized contact.
The storage room must be under control and supervision of an Evidence Custodian. Every evidence
turned over to him for custody must have the following records attached thereon.
1. Date the evidence was received.
2. File number of the case.
3. Title of the case.
4. Person or place whom or which received.
5. Person who received the evidence.
6. Complete description of evidential items including the size, color, serial number and other
identifying data.
7. Disposition
8. Identify by signature of the officer in control of evidence rom.
E.COLLECTION OF PHYSICAL EVIDENCE
In criminal investigation, the deficiencies may be attributed to the lack of understanding of the
principle that should guide the collection from the point of view of the analyst. Employment of
improper collection technique results also in failure to realize the full probative value of the evidence.
Nevertheless, it is suggested that the investigator considering the quantity available at the crime
scene and the amount needed for laboratory test. He must also endeavor to collect standards or
known samples for purposes of comparison with those other physical evidence collected. Finally, the
evidence and the physical evidence collected must possess the integrity as an evidence and that it
must not come in contact with other substances to avoid contamination.
Special Methods of Collection of Specific Physical Evidence:
1. Fingerprints
 In pieces of paper. The paper should be handled with tongs and placed where
the size permits or into cellophane envelopes. It should not be folded unless it is
very large and then only along existing fold lines.
2. Hairs and Fibers The hair fiber should be picked up with forceps, wrapped safely in a filter
paper and placed in pillbox or envelope.
3. Dirt, Soil, Particles, Filings in Fragment. The materials should be placed in separate small
boxes and then placed in pillboxes.
 Such materials are to be placed separately in containers as envelop, small boxes
or pillboxes.
4. Bullet and Fired Cases. These should be placed in separate small boxes and surrounded by
cotton.

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 If recovered in the crime scene, it is to be stored in small boxes with a piece of

cotton inside.
5. Clothing Stained areas should be widely encircled with chalk to indicate the points interest.
Unnecessary folding of the garments should be avoided.
6. Semen stains. If moist, it can be collected in a test tube. The area must be first moistening
with distilled water if it is dry stain. The garment together with the test tube must be submitted
with the area where it is removed encircled with a chalk.
 If moist and still in its liquid state it should be collected by means of medicine
dropper and placed in a clean vial. If it is dried or found as stain the garment
where it is located may be taken and placed in an enveloped. In detecting
seminal stain, the use of ultraviolet light is commonly used.
7. Blood – If in fluid conditions, it would be removed with the eye dropper and placed in a test
tube. Saline solution should be added in amount about 1/5 that of the blood. If found in the
clothing, the area is cut, dried, then placed between sheets of the white paper, and transmitted
in an appropriate container. The whole garment may be shipped with an indication of the area
where the stain is located.
 If it is in fluid state, it may be taken out of the crime scene by using a medicine
dropper and placing it in a clean vial where saline solution is added so as to
preserve it. If found as stain or dried, the blood stain is cut along with the cloth
and placed in an envelope. Whenever possible the whole garment may be taken
for evidentiary purpose.
8. Paint on Vehicles – The paint may be removed with a piece of wood or with hard steel
scalpel. Comparison standard must also be taken. A filter paper and pillbox should be used to
contain the sample.
 For paint specifically found on vehicles in hit and run cases, it is to be removed
from the vehicle by means scraping it using a scalpel and placing it in an
envelope.
F.IDENTIFICATION OF THE PHYSICAL EVIDENCE GATHERED
1. By Marking:
Solid objects which may have a volume of approximately one cubic inch or greater should be
marked for identification with the initials of the investigator receiving or finding the evidence.
2.By Sealing:
Pillboxes, envelopes, test tubes and bottles containing evidentiary materials should be sealed
in such a manner that they cannot be opened without breaking the seal. The investigator’s initial and
the date of sealing should be placed on the seal in ink.
3.By Labeling:
This may take the form of paper pasted on the container or a tag tied to the subject. The
following information should appear in the label or tag.
a. Case Number, Date and Time of finding the articles.
b. Name and description of the articles
c. Location at the time of discovery
d. Signature of investigator who made the discovery.
e. Name of witnesses the discovery.
Special Way of Labeling Specific Evidences
1. Documents. The best way of marking is to initial and place the date of initialing on the
document itself in an area where the marking will not affect the examination. The documents is
placed in a cellophane envelop, sealed and the identity of the document is placed outside of
the cellophane jacket. A piece of paper bearing the typed information can be stapled to the
edge of the envelope.
2. Firearms Evidence
a. Firearms. This should be unloaded before submission. The marking should be made with a
metal stylus on the right of the frame.

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b. Loaded Weapon. If the weapon contains loaded cartridge or fired cases the investigator
should make a diagram of the rear face of the cylinder to show the position of each
cartridge with respect to the firing pin.
c. Cartridge Case. A fired cartridge case should be marked at the inside portion of the mouth,
but if the caliber is too small, on the cylindrical outer surface at a point near the mouth.
d. Shotgun Shells. If made of paper, marking may be with ink. If made of brass, same
procedure as cartridge shells.
e. Shotgun Wads. Place in pillbox, sealed and labeled
f. Small shots. Place in pillbox also.
NOTE: In submitting a firearm for examination, there must be submission of ammunition of
the same type. Approximately ten cartridges will suffice as a standard comparison.
3. Clothing. They are best marked by an inscription in ink at the lining.
4. Plaster Cast. Marked before plaster dried up.

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INTERVIEW AND INTERROGATION OF CRIMINALS

A, THE METHOD OF INTERVIEW

Interviews – It is the questioning of a person who is believed to process 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.
Qualification of the Interviewer:
1. The investigator must establish 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, the interrogation may follow, the
investigator relying on the strength of his personality, trickery, persistence, or resourcefulness.
2. The Interview must possess forceful personality. He must be sympathetic and understanding
without any air of 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 case, the investigator must
have a broad practice of knowledge of the subject matter from sports or anything else.
4. The investigator, as an interviewer must have the qualities of a good salesman, actor and
psychologist. He must possess insight, intelligence.
Stages of Interview in Criminal Cases
1. Preparation.
As to time, the interview must be made as soon as possible after the criminal case was
committed. The needed information is still fresh in mind of witness.
As to place, the interview must be conducted in a place where the interviewer has a
psychological advantage over the subject. However, the place may be changed
depending upon the nature of the case and taking into account the difficulty that may be
encountered in selecting a particular place. In all cases, the interview must be given
complete privacy wherever it is conducted.
Before the actual interview, the investigator must mentally review the case and consider
what information the subject can contribute. He must acquaint himself with the
background of the witness, plan his interview, and when necessary, provide himself with
a checklist of the important points of the future interview.
 The interview should be made as soon as possible. It should be done at a private
place wherein the accused will not become unmanageable.
2. Approach.
On the first meeting between the investigator and the witness, the investigator should
show his credentials and inform the subject of his identity. This is done to avoid
misunderstanding and future charge or misinterpretation.
 As start of the interview, the investigator should introduce himself properly to the
witness.
3. Warming Up.
Preliminary subject matter of the conversation must be focused to warm up the
atmosphere, to promote cordiality and trust with each other. The witness should be
given opportunity to give a complete account without interruptions.
 The investigator should have a guideline of questions so that the interviewee will
not be misled and for the bringing out of the information that he actually needs.
4. Questioning and Guidelines.
The interviewer or investigator should start questioning on points he wants to elicit.
Elements of the offense and his knowledge of the crime should guide the investigator in
his questioning. On the other hand, the subject must be doing guided in his
conversation with the investigator so as not to deviate from the subject matter of the
interview.
 The investigator should have a guideline of questions so that the interviewee will
not be misled and for the bringing out of the information that he actually needs.

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Rules to be Observed in Questioning the subject:

1. Only one question must be asked at a time, multiple questions are confusing.
2. Avoid questions with implied answer, suggesting the answer defeat the purpose of the
interview.
3. The questions must be simple. Long, complicated and legalistic questions are confusing and
irritating. Subject may refuse to answer and cause embarrassment and resentment.
4. The subject should not be placed in an embarrassing situation by avoiding exaggerating errors
in matter of time, distance and description committed by the subject. The investigator should
not ridicule the subject’s stupidity, poor judgement and other deficiencies.
5. Do not insist on a “yes” or “no” answer because it will result to inaccurate answers and prevent
a flow of information. Qualifies answers should be encouraged.
6. The investigator must dominate the interview by being confident and possessing the capacity
to communicate with the witness.
Types and Attitude of Subjects Interviewed:
A good investigator must be able to adjust his method of interviewing to the type of personality
and attitude of his subject. The following are the different types and attitude of subjects he may
encounter.
1. Know-Nothing Type These are persons who are reluctant to become witnesses and
particularly true among uneducated persons. The remedy is to give extensive warm up
followed by persistent and presenting the subject with a great many questions to which he
cannot reply that he knows nothing. Thereafter, questions leading to relevant matters may be
asked.
2. Disinterested Type. These are indifferent and uncooperative persons who must be aroused
first. He should be flattered to develop a pride in his ability to supply information. His interested
must be stimulated by stressing the importance of the information possesses.
3. Drunken Type. Flattering words will encourage the drunken person to answer the questions
and develop interests. It is not advisable to take written statement from a person when drunk.
4. Suspicious Type. Fear must be removed and the investigator should apply psychological
pressure. Let him think that his indifference and non-cooperation will work against him.
5. Talkative Type. The investigator must find ways and shift his talkativeness to those matters
useful in the investigation.
6. Honest Witness. These types of persons are cooperative and ideal witness who need little
care and guidance during the investigation. They are helpful to the investigator.
7. Timid Witness. The investigator should employ friendly approach to these types of persons.
More time should be spent him explaining that the information obtained will be treated as
confidential matter.
8. Boasting Type. These are egoistic persons. Patience and flattery are necessary for they will
be good witnesses because of his drive towards self-expression. Unfortunately, he is prone to
put color, to his story and unwarranted emphasis on his own part.
9. Deceitful Witness. This type of witness must be permitted to tell lies until he is well enmeshed
with falsehood and inconsistencies. A recording of his lies is extremely effective in the
playback. The investigator will claim perjury and false statement or obstructing justice with the
witness as the defendant. He will feel that he is punishable under the law and now he has an
excellent motive for telling the truth for self-preservation of avoidance of punishment.
How to Evaluate Reactions to Interview:
1. Physical Mannerism. Nervousness, evasive facial expression embarrassment at certain
questions, perspiration, face turning pale and others will give indication of the trustworthiness
of the person.
 When observing the physical mannerism of the accused, there is information that
the investigator can obtain such as indication if the person is trustworthy or not.
2. Frankness. The investigator should compare the subject account of certain events with the
facts that he probably should have knowledge about the crime. Significantly omissions should
be carefully noted.

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 Of course, the investigator should evaluate and verify the information being
disclosed by the accused.
3. Emotional State. The investigator should observe the emotional reaction to questions. Partial
guilt can be detected by unwarranted indignation of excessive protest.
4. 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
misinterpretations can be detected by comparing the information with the known facts.
B,METHOD OF INTERROGATIONS
 Interrogation – It 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:
1. To obtain a confession to the crime.
2. To induce the subject to make admission.
3. To learn the facts and circumstances surrounding the crime.
4. To learn the identity of accomplices.
5. To develop information this will lead to the recovery of the fruits of the crime.
6. To discover the details of other crime where suspect participated.
Attitude to be Adopted by the Investigator During Interrogation:
1. 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 a lack of resourcefulness.
 The investigator should give a controlling impact at the whole conduct of the
investigation to gain the respect of the accused and for the success of his work.
2. Avoiding 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.
 The accused should at least not be distracted because he is to give or already
giving information therefore anything that will divert his attention should be kept
away from him.
3. Language to be Used. The language of the interrogator must be in consonance with the level
of the subject’s mentality. The choice for words should be made with the view to encourage a
free flow of speech in the subject.
 The investigator should use the proper choice of words depending on the
accused knowledge for the easy flow of communication. For example, if the
subject does not even enter in elementary school, the investigator should not use
jargon words when speaking to him or else the latter will not understand what
he’s saying.
4. 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.
 During an interrogation, it is advised to wear civilian dress to give the offender a
warn impression. Avoid bringing weapons, such as guns because it might trigger
the defensive mechanics of the accused.
5. 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.
 Before starting an investigation, the investigator must introduce himself to the
accused properly and orient him about his rights.
6. Presence of other Persons. Limit the number of persons present during the interrogation.
Ordinarily, the interrogation should be along with the subject, and of the parties may be called
in for specific purpose, such as signing the confession as a witness.
 If a person is not needed during an interrogation, it is advised for him not to be in
the interrogation.

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7. The Choice of Place. It must be done in an office or room where the interrogator should have
psychological advantage. Avoid conducting the interrogation in the subject’s home; it will make
him confident, indignant, or recalcitrant.
 As stated above, it must be done in an office or room except in any place
wherein the accused will feel confident, indignant or unmanageable.
Description of the Interrogation Room:
The interrogation must be free from distraction to give more encouragement for the suspect to
cooperate. The following are the ideal requirement of an interrogation room:
1. Privacy. There must be only one door, absence or windows or views, sound proof and
telephones are without ringing bell.
 In order to maintain privacy, those things should be considered. Privacy is
needed to make the investigation become more reliable.
2. Simplicity. Too many objects in the room distract attention of the subject. The room must be
medium size, with hard walls, no glaring lights and minimum number of furniture.
 Simplicity should also be observed to avoid the attention of the subject be
distracted.
3. 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.
 The person under interrogation should be seated well and that there must be no
intervening furniture between him and the investigator.
4. 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 complaints and
witnesses as well as prosecuting officers to observe and identify the subject.
 When using such devices, it must be noted that they must be placed hidden
Behavior of the Investigator During Interrogation:
1. Retain a pleasant mood. Do not show feeling of contempt, impatience and scorn.
 The investigator should be nice and patience during the conduct of investigation.
2. Control your temper unless it is part of the act. Insults, offensive languages and aspersions
from the subject must ignored. Never show anger, charging or emotional disturbance unless it
is part of the plan.
 Just like the previous statement, the investigator should remain calm and
maintain his temper and should not be easily affected by insulting words coming
from the accused.
3. 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.
 The investigator should give an impression that he knows and understands the
whole story.
4. Never disclose your theory about the case. Let the subject guess how much is knows or not
known. Do not give any basis for such judgement by revealing anything about investigation.
 Just ask and listen during the investigation. Never give your own opinions or
comments regarding the case.
5. 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.
 If the investigator feels that he can’t face that person anymore because they
have conflict of personalities, for examples, he should end the investigation and
leave it to the other investigators.

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