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The document outlines the responsibilities of a special crime investigator, including determining if a crime has occurred, gathering evidence, and aiding in prosecution. It details the six cardinal points of investigation, the golden rules to follow, and important principles such as thoroughness and legality in evidence collection. Additionally, it describes various types of evidence and methods for identifying criminal offenders, emphasizing the need for credible witnesses and proper evidence handling.

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10 views5 pages

Lecture 2 notes

The document outlines the responsibilities of a special crime investigator, including determining if a crime has occurred, gathering evidence, and aiding in prosecution. It details the six cardinal points of investigation, the golden rules to follow, and important principles such as thoroughness and legality in evidence collection. Additionally, it describes various types of evidence and methods for identifying criminal offenders, emphasizing the need for credible witnesses and proper evidence handling.

Uploaded by

bludymyrmalid14
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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RESPONSIBILITIES OF SPECIAL CRIME

INVESTIGATOR
1. Determine whether or not a crime has been committed.
2. Decide if the crime committed was within investigator’s
jurisdiction.
3. Discover all facts pertaining to the case.
4. Recover stolen property.
5. Identify the perpetrator
6. Locate and apprehend the perpetrator.
7. Aid in the prosecution of the offender by providing evidence of
guilt which is admissible in court.
8. Testify effectively as witness in court.

SIX CARDINAL POINTS OF INVESTIGATION


 WHAT specific offense has been committed? Crime
 WHEN the crime was committed? Date and time
 WHERE the crime was committed? Place/location
 WHO committed the crime? Suspect.To whom was the crime
committed? Victim
 WHY it was committed? motive
 HOW the crime was committed? Pattern/ modus operandi

GOLDEN RULES TO BE OBSERVED BY THE


INVESTIGATOR
1. Identify and if possible, retain for questioning the person who
first notify the first responder.
2. Determine the perpetrator by direct inquiry or observe him, if
his identity is immediately apparent.
3. Detain all person present at the scene, if possible.
4. Summons assistance, if necessary.
5. Safeguard the area by issuing appropriate orders and/or by
physically isolation.
6. Permit only authorized persons to enter the area.
7. Separate the witnesses so as to obtain independent
statements.
8. Do not MAC the evidence- move, alter and change
9. Definitely assign the duties of search if assistants are present.
Exception to the “do not touch or move any object
rule”
 When the victim is still alive, the investigator should try to
gather or acquire information from the victim himself with
regard to the surrounding circumstances of the crime, while
assistance is calling for an ambulance from the nearest
hospital.

IMPORTANT PRINCIPLES IN CRIME INVESTIGATION


1. Thoroughness- The investigator is duty bound to gather all
pieces of evidence to prove the guilt of the suspect/accused
beyond reasonable doubt. He should:
A. Establish corpus deliciti or the fact that the crime has been
committed;
B. Identify and associate/ link the suspect to the crime as testified
by reliable witnesses supported by physical or object evidence;
C. The chain of custody of evidence and its connection to the
suspect must be shown in an orderly and logical fashion. This
completes the process of proof as described in the phrase
“establishing the elements of the offense.”
2. Legality- That the evidence should be gathered in the manner
prescribed by the Constitution, existing laws
 Miranda Doctrine
 Silver Platter Doctrine ( Obsolete)
 Fruit of Poisonous Tree Doctrine
 Plain View Doctrine

Identifying the Criminal Offender


1) Confession/Admission
 Admission – is a self-incriminatory statement by the subject
falling short of an acknowledgment of guilt. It implicates but
does not incriminates.
 Confession – is a direct acknowledgment of the truth of the
guilty fact as charged or of some essential part of the
commission of the criminal act itself.

Kinds of Confession
A. Extra judicial – confession made outside the court during
preliminary investigation before trial.
B. Judicial – confession made inside the court during trial
2) Testimony of witness– accuracy of the identification by
eyewitness accounts would depend on the following factors:

1. Ability to remember the distinct appearance of the subject.


2. Prevailing conditions of observation and visibility when the
crime was committed.
3. Lapse of time in the identification process.

METHODS OF IDENTIFICATION BY WITNESS


 Verbal Description
 Photographic Files (Rogue’s Gallery)
 General Photograph
 Artist’s Assistance
 Police Line-up
 Reverse Line Up

3) Circumstantial Evidence It is the identification established


indirectly by proving other facts or circumstances from which
the identity of the perpetrator can be inferred.
This evidence is sufficient to produce conviction when:
 There are more than one circumstances
 The facts from which the inferences derived are proven
 The combination of all the circumstances is such as to produce
a conviction beyond reasonable doubt

4) Associative Evidence These are the physical evidence which


may identify the criminal by means of clues, personal
properties, or the characteristic patterns of procedure deduce
from the arrangement of objects at the crime scene, such as
weapons, tools, garments, fingerprints, foot impressions, and
others.

EVIDENCE
 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, competent and
credible witnesses must be available and the physical evidence
must be appropriately identified.

Forms of evidence
1. Physical
2. Tetimonial
3. Documentary
4. Experimental

Physical/ Real or Autoptic Evidence


 Evidence that is addressed to the senses of the court. It is not
limited to that which is known through the sense of vision but is
extended to what the sense of hearing, taste, smell and touch
is perceived.

View of an Object (Sec. 1, rule 130, rules of court), exception


Indecency and impropriety.( example: exposure of genital of an
alleged sexual offense victim)
Repulsive and offensive to sensibilities.( example: foul smelling
objects, persons with highly infectious and communicable
diseases)

Kinds of Physical Evidence


1. Corpus Delicti – objects or substance which are essential
parts of the body of the crime.
2. Associative Evidence – it links the suspect to the crime scene
or offense.
3. Trace Evidence – articles that can establish the physical
contact of suspect with the victim to probe his physical
presence in the crime scene.
4. Indirect/circumstantial evidence - evidence which tends to
incriminate a person such as footprints found at the scene.

Testimonial evidence
 Witness’s testimony given orally in open court and under oath
or affirmation.
Ordinary Witness ( Sec. 18, rule 130, rules of court)
 A Physician who testifies in court on matters he perceived from
his patient in the course of physician-patient relationship is
considered as an Ordinary witness.
Expert Witness ( sec. 42, rule 130, rules of court)
 A Physician on account of his training and experience can give
his opinion on a set of medical facts.

DOCUMENTARY EVIDENCE
 Documentary evidence is any evidence introduced at a trial in
the form of documents. Although this term is most widely
understood to mean writings on paper (such as an invoice, a
contract or a will), the term actually include any media by which
information can be preserved.

EXPERIMENTAL EVIDENCE
 If allowed by the court, a medical witness may perform a
certain experiments to prove a certain matter of fact.

WEIGHT, SUFFICIENCY AND APPRECIATION OF


EVIDENCE
 CIVIL CASE … preponderance of evidence
 CRIMINAL CASE … proof/guilt beyond reasonable doubt
 ADMINISTRATIVE CASE … substantial evidence

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