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Fundamental Crim Invest Half

This document discusses the fundamentals of criminal investigation. It defines key terms like probable cause, investigation, crime, and provides a brief history of criminal investigation from its origins in Latin to developments in London, France, and the Philippines. It also discusses approaches to criminal investigation, distinguishing it as both an art and a science. The document outlines the ABCs of investigation and types of investigations like preliminary, follow-up, and special subject investigations. It discusses the goals of investigation as determining if a crime was committed, legally obtaining evidence, and arresting suspects.

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0% found this document useful (0 votes)
841 views199 pages

Fundamental Crim Invest Half

This document discusses the fundamentals of criminal investigation. It defines key terms like probable cause, investigation, crime, and provides a brief history of criminal investigation from its origins in Latin to developments in London, France, and the Philippines. It also discusses approaches to criminal investigation, distinguishing it as both an art and a science. The document outlines the ABCs of investigation and types of investigations like preliminary, follow-up, and special subject investigations. It discusses the goals of investigation as determining if a crime was committed, legally obtaining evidence, and arresting suspects.

Uploaded by

Josman Mandal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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FUNDAMENTAL OF

CRIMINAL
INVESTIGATION
PCINSP JOHN GELBERT S. BASALO, MSCRIM, MPA
FACTS, NOT OPINION, IS THE HEART OF
GOOD INVESTIGATION
PROBABLE CAUSE

• AS such reasons supported by facts and circumstances as will


warrant a cautious man in the belief that his actions and the means
taken in prosecuting it, are legally just and proper.
DEFINITION OF INVESTIGATION -

• In its generic sense investigation is an inquiry into the facts that


surrounds an issue or an incident.
• Others defined it as a systematic gathering of facts in order to
establish that an incident occur or not.
• AN INQUIRY INTO ALLEGATIONS, CIRCUMSTANCES OR
RELATIONSHIPS IN ORDER TO OBTAIN FACTUAL
INFORMATION.
DEFINITION OF INVESTIGATION -

• IS A LAWFUL SEARCH FOR PEOPLE AND THINGS USEFUL IN


RECONSTRUCTING THE CIRCUMSTACES OF AN ILLEGAL
ACT OR OMISSION AND THE MENTAL STATE
ACCOMPANYING IT. (Criminal Investigation, Basic Perspectives:
Paul B. Weston and Kenneth M. Wells)
DEFINITION OF CRIME -

• Crime- generally it is any act that is injurious to the society.


• In criminal law, crime is defined as an act defined and penalize by the
revised penal code and other penal laws
ORIGIN OF INVESTIGATION -

• It comes from latin word “investigare” which means “to track”


• IN + VESTIGIUM – footprint, track
HISTORY OF CRIMINAL INVESTIGATION

• The rapid expansion of London, and the increased population was


protected merely by a system of purely constables and watches which
had been inadequate to the needs of a far smaller community, and
was hopelessly overwhelmed. This gave rise to the evolution of
“Thief-takers” (Soriano, 2008).
HISTORY OF CRIMINAL INVESTIGATION

• Though they were not ordinarily sought for, authorities turned to


them to ask for help.
• There are two kind of breeds, the hire-lings who have mercenary
motives where they can play both side of the streets. The other is
social climbers who incriminates their confederates to move into
respectable society.
HISTORY OF CRIMINAL INVESTIGATION

• The Bow Street Runners.


• Henry Fielding, 18th century novelist can also be credited with laying the
foundation for the first modern police force. He causes the reporting and placing
in ads the description of the suspects. It was considered that the action of
Fielding as the first official crime report. Fielding and the High Constables of
Holborn formed a small investigative unit called Bow Street Runners.
HISTORY OF CRIMINAL INVESTIGATION

• France. Police originally were in charge of all civil administration that was not
church related.
• The “Police De Surete” (Security Police) was created in Paris in 1817 under the
leadership of notorious French criminal , Eugene Francois Vidocq. It was his
contention that major crimes and criminals were best handled by criminals
themselves, he quickly hired 20 ex-convicts he had known in prison.
HISTORY OF CRIMINAL INVESTIGATION

In 19th century, the function of the criminal investigator became a specific,


identifiable. Meanwhile in the US, through the stewardship of Thomas Byrnes,
Chief Detective Bureau, New York Police Dept., there was gradual shift of the
character of criminal investigators – from one who consorted with criminals to one
who was a policeman (Soriano, 2008).
HISTORY OF CRIMINAL INVESTIGATION

• London’s first large scale organized police department , the London Metropolitan
Force was created by Sir Robert Peel as through the Metropolitan Police Act of
1829.
• They were housed in a building that had formerly been occupied by Scottish
royalty, thus they referred it as Scotland Yard.
HISTORY OF CRIMINAL INVESTIGATION

Philippines. Its evolution can be traced during the time when the country was in
the hands of the Spaniards. In Manila where crime was prevalent, Spanish
established the “Guardia Veterana” which is composed of men coming from
Guardia Civil. They performed all the tasks, while the “Sekretas” were roaming
around incognito. On January 9, 1901, the Metropolitan Police Force was
established during the American occupation (Bermas, 2004).
HISTORY OF CRIMINAL INVESTIGATION

• Philippines. RA 157, the Bureau of Investigation was renamed National Bureau


of Investigation.
• Investigation of cases at that time was highly territorial as it was handled by the
local police.
CRIMINAL INVESTIGATION DEFINED

• the collection of facts to accomplish a threefold aim: a) identify the


guilty party; b) locate the guilty party; and c) to provide evidence of
his guilt.
• It is a systematic process of identifying, preserving and evaluating
information for the purpose of bringing criminal offender to justice.
CRIMINAL INVESTIGATION DEFINED

Criminal Investigation is an applied science that involves the study of


facts, used to identify, locate and prove the guilt of a criminal. A
complete criminal investigation can include searching, interviews,
interrogations, evidence collection and preservation and various
methods of investigation.
ART OR SCIENCE

• The word art connotes human skill as opposed to the laws of nature or science.
When we think of art, we generally think of writing, music, painting, etc
• The word science generally mean the systematic knowledge and study of natural
or physical phenomena.
• Science generally connotes finding the truth based on observation,
experimentation, and the rules of logic.
ART OR SCIENCE

• Investigation is a mixture of both. It is a science because there are certain rules


that should be followed to conduct a successful investigation and because the
pure sciences and applied sciences play an increasingly important role in the
investigative process.
• It is an art because it depends on the human skills of the investigator, including
interpersonal communication and creativity (Dempsey, 2007).
ABC’S OF INVESTIGATION

• WHETHER OR NOT A VIOLATION HAS COMMITTED


• RESPOND PROMPTLY TO A CRIME
• THERE IS NO SUBSTITUTE FOR A THOROUGH INVESTIGATION
• ASK LOTS OF QUESTIONS WHEN SEEKING INFORMATION
• RECOGNIZE THE FACT THAT CRIMINALS COME FROM ALL WALKS OF LIFE
• DO NOT COMMIT YOURSELF AS TO THE GUILT OR INOCENSE OF ANYONE OF A
CRIME.
ABC’S OF INVESTIGATION

• BEAR IN MIND THAT YOUR CONDUCT IN INVESTIGATION MAYBE CHALLENGED IN


COURT.
• NEVER UNDERESTIMATE YOUR ADVERSARY
• DO NOT BE OVERCONFIDENT
• INTERVIEW, DO NOT BE INTERVIEWED
• DO NOT JUMP INTO CONCLUSION
• LOOK FOR DISTURBED AREAS
ABC’S OF INVESTIGATION

• SEEK THE ANSWER TO THE QUESTION: WHY WAS THIS PARTICULAR PERSON OR
PROPERTY VICTIMIZED?
• PAY PARTICULAR ATTENTION TO MODUS OPERANDI
• WORK WITH EVIDENCE ON HAND
• MAKE THE GOAL OF INVESTIGATION WHICH SHOULD BE THE CONVICTION OF
THE PERPETRATORS
ABC’S OF INVESTIGATION

• RECOGNIZE THE VALUE OF INSTRUMENTATION


• KNOW THE VALUE OF TEAM WORK
• DEVELOP INFORMANTS AND SOURCES OF INFORMATION
• NO INVESTIGATION IS TOO SMALL OR TOO GREAT TO JUSTIFY FALSIFICATION OR
FABRICATION OF THE FACTS.
Approaches to criminal investigation:

• A criminal investigation must necessarily proceed as a legal inquiry


by virtue of a complaint based on a given set of facts, after the
commission of an act or omission;
• The act or omission subject matter of a criminal investigation “must
be a felony or an offense punishable by law”
Approaches to criminal investigation:

• The process of criminal investigation requires “patient and


meticulous observation, step by step, to establish the fact of the
commission of a felony or of a crime, the identity of the subjects, and
the circumstances attendant thereto, by careful and meticulous
evaluation of evidence, to bring the culprit to the bar of justice, or the
innocent be relieved therefrom”.
What is a complaint?
• This is a sworn written statement, charging a person with an offense,
subscribed by the offended party, any peace officer or other public
officer charged of the enforcement of the violated.
REQUISITES OF A COMPLAINT IN RELATION
TO CRIMINAL INVESTIGATION

• There must be an offended party;


• The complaint must be reduced into writing;
• The complaint must be signed by the offended party, any peace officer or other
public officer charged of the enforcement of the law violated.
• The complaint must be under oath, that is subscribed and sworn to before a
proper administering officer
REQUISITES OF A COMPLAINT IN RELATION
TO CRIMINAL INVESTIGATION

The complaint must charge an offense;

. The offense may be either a felony as defined under the Revised


Penal Code or another form of crimes as provided in the special law
Kinds of Criminal Investigation

• Investigation while the suspect is under arrest and detention;


• Investigation while the suspect is “at large”, as distinguish from
fugitive from justice.
Investigation is also Both Reactive and Proactive

• Reactive Investigation - is one that is instigated on the basis


of a complaint registered by a victim or client.

• Proactive investigations are investigations conducted by the


police based on their own initiative.
Types of Proactive investigations
• Decoy operations
• Repeat offenders program
• Undercover drug operations
Decoy operations
• In decoy, officers dress as, and play the role of potential
victims – drunks, nurses, businesspeople, tourists,
prostitutes, blind people, isolated subway riders, or
defenseless elderly people. The officers wait to the subject
of a crime while a team of back up officers is ready to
apprehend the violator in the act of committing crime.
Undercover drug operations

• In undercover drug operations, officers pose as purchasers


of illegal drugs and arrest the dealers at some point after
the purchase.
GOALS OF INVESTIGATION
• DETERMINE IF CRIME IS COMMITTED
• LEGALLY OBTAIN INFORMATION AND PIECES OF EVIDENCE
• ARREST OF SUSPECT
THREE CLASSIFICATIONS OF INVESTIGATIONS

• Preliminary.
• Follow-up.
• Special subject.
Preliminary Investigation
• This is the initial action by the police organization in
response to a report of a crime incident. In most instances
the response force or uniform patrol services conduct
these. They determine what happened, if a crime has
occurred, who witnessed it, if an offender can be identified,
and what physical evidence is present. There may be a
process at this stage of the investigation to identify
whether leads or solvability factors exist.
Duties in Preliminary Investigation
Follow-Up Investigation
• This builds on much of the work begun during the
preliminary investigation. Overall objectives are the same –
identification and apprehension of the offender. Leads are
followed up, evidence is collected and processed, and
attempts are made to link the crime with others, which are
similar, in the hope of identifying a common offender.
Special Subject Investigations
• Investigations where efforts concentrate on particularly
sensitive areas of criminal activity and/or those requiring a
great deal of time and expertise, such as homicide,
narcotics, robbery, and terrorism, are focused.
Pattern

• Is a series of similarities that may link particular cases or


indicate that the same person is committing a series of
crimes.
• It include time of day, day of the week, MO, weapon used,
etc. (Dempsey, 2007)
Corpus Delicti -

• Latin for the “body of crime” it is the legal term that is used
to describe physical or material evidence that a crime has
been committed such as the corps of a murdered victim.
• It is used to refer to the underlying principle that, without
evidence of a crime having committed, it would be unjust
to convict someone.
Leads

• Are clues or pieces of information that aid in the progress


of an investigation.
• It can be physical evidence or information received by
witnesses or other persons or through surveillance,
undercover and record searches (Dempsey, 2007).
Tips

• Are leads provided by citizens that aid in the progress of an


investigation. Generally tips involve the identity of the
suspect (Dempsey, 2007).
Theories

• Are beliefs regarding the case based on evidence, patterns,


leads, tips, and other information developed or uncovered
in a case.
• Theories are important because they direct the
investigation (Dempsey, 2007).
ALIBI

• To establish alibi, a defendant must not only show that he was present
at some other place at about the time of the alleged crime, but also
that he was at such other place for so long a time that it was
impossible for him to have been at the place where the crime was
committed, either before, during or after the time that he was at such
other place (PNP Criminal Investigation Manual, 2011).
CONSPIRACY

• Exists when two or more persons come to an agreement


concerning the commission of a felony and decide to
commit it.
Steps in the Investigative Process
• 1. Determine if a crime has been committed,
• 2. Verify jurisdiction,
• 3. Discover all facts and collect physical evidence,
• 4. Recover stolen property,
• 5. Identify perpetrator or perpetrators,
• 6. Locate and apprehend perpetrators,
• 7. Aid the prosecution by providing evidence of guilt admissible in court
• 8. Testify effectively as a witness in court
THE INVESTIGATOR -
• Investigator – it is the person or a police officer task to
conduct the investigation.
• He is usually trained in the work and has been assigned to
various units before being assigned with investigation units.
• Presently referred to as Investigator-On-Case (IOC) or a
Case Officer.
In the performance of his duties, the investigator must seek
to establish six (6) cardinal points:
– What specific offense was committed
– How committed
– Who committed it
– Where the offense was committed
– When it was committed
– Why it was committed
REQUISITES FOR INVESTIGATOR
• SUSPICION
• CURIOUSITY
• KEEN OBSERVATION
• MEMORY
• ORDINARY INTELLIGENCE /COMMON SENSE
• UNBIASED MIND
• AVOIDANCE OF INNACURATE CONCLUSION
REQUISITES FOR INVESTIGATOR
PATIENCE, UNDERSTANDING, COURTESY
ABILITY TO PLAY A ROLE
ABILITY AND HOLD CONFIDENCE
PERISTENCE AND TIRELESS CAPACITY TO WORK
KNOWLEDGE OF CORPUS DELICTI OF THE OFFENSE
INTEREST IN SOCIOLOGY AND PSYCHOLOGY
REQUISITES FOR INVESTIGATOR
• ABILITY TO RECOGNIZE PERSONS WHO ARE LIKELY TO BE
THE SUBJECT OF INVESTIGATION
• RESOURCEFULNESS
• KNOWLEDGE OF INVESTIGATION TECHNIQUE
• ABILITY OF GETTING COOPERATION OF OTHERS
Criminalist Defined

• (aka crime scene technician, examiner, or investigator) is a


person who search for, collects, and preserve physical
evidence in the investigation of crime and suspected
criminal.
• The services of criminalist are used at the beginning of the
case. By contrast, forensic scientist are primarily used at
the end, or court room testimony phase, of a case.
Desirable Traits of an Investigator -
• Superior reasoning ability – the ability to recognize logically
a multitude of facts and determine how they interrelate is
basic to the investigative process.
• Critical Thinking – this method of reasoning challenges one
to adopt an attitude of fair-mindedness, intellectual
caution, and openness to question common or assumed
beliefs.
Basic elements of Investigative process

• Recognition – information relating to crime must be


recognized by the investigator
• Collection – information that is relevant must be collected
by the investigator for processing and presentation in
court.
• Preservation – evidence collected must be preserved for
future use
Tools of an Investigator in gathering facts
• A) Information – data gathered by investigator from
persons including the victim himself and from: Public
Records; Private records; and Modus operandi file.
Modus operandi – is the means, craft, mode or method of
committing a crime that establish a pattern after the series
of its commission and which is attributable to a particular
crime group.
Tools of an Investigator in gathering facts

• B) Interrogation – skillful questioning of hostile witnesses


and suspects.
• C) Instrumentation – Scientific examination of real
evidence; application of instrument and methods of
physical sciences in detecting crime
Phases of Investigation

• identify the criminal through (confession; eyewitness


testimony; circumstantial evidence and associate evidence
• Trace and locate the criminal
• Prove by evidence the guilt of the suspect
IDENTIFYING THE CRIMINAL
• As the first phase of investigation, the criminal is identified.
The following are the ways:
• Confession
• Eyewitness testimony
• Circumstantial evidence
Confession
• Admission or confession by a suspect is a major objective in every
investigation.
• Confession is an unconditional acknowledgement of guilt of the
criminal as the one responsible for a criminal act.
• Admission is an acknowledgement of some facts that is short of
confession. Like for instance admitting that the firearm recovered
from him is the same firearm used in killing the victim
Confession
• Confession is of course an excellent means of identifying the
criminal.
• But confession must be corroborated by other evidence.
• Corpus delicti must be separately established in order to support a
conviction.
• Corpus delicti is literally translated into “body of crime” which
speaks to all the circumstances and evidence tending to show that a
crime happens.
B. Eyewitness
• The ideal identification is made by several objective
persons who are familiar with the appearances of the
accused and who personally witnessed the commission of
the crime.
Totality of Circumstances Test (In Witness
Identification)
• The witness opportunity to view the criminal at the time of crime.
• The witness degree of attention at the time.
• The accuracy of any prior description given by the witness.
• The level of certainty demonstrated by the witness at the
identification
• The length of time between the time of crime and identification.
• The suggestiveness of the identification procedure (PP vs. Cinco,
355 SCRA 713).
C. Circumstantial Evidence

• Evidence of circumstances which strong enough to cast


suspicion upon the defendant and which are sufficiently
strong to overcome the presumption of innocence, and to
exclude every hypothesis except that of the guilt of the
defendant.
C. Circumstantial Evidence

• The identification maybe established indirectly by proving


other facts or circumstances from which, either alone or in
connection with other facts the identity of the perpetrator
can be inferred. It has the following classes:
• Motive
• Opportunity
• Associative evidence.
Motive

• It may be inferred from circumstances and from the


statement of witnesses that the suspect could have been
motivated by a desire for revenge or personal gain.
• It is the reason for the perpetrator to commit the crime.
Opportunity

• It must have been physically possible for the suspect to commit the
crime. He must have access to area, have been in the vicinity, and
have had the means available.
• It must be shown that the suspect could have been in the vicinity of
the crime scene in the sense that it was not improbable for him to
have been there.
Associative evidence

• The physical evidence may serve to identify the criminal by means


of the clue materials, personal property, or the characteristic
pattern or procedure deduced from the arrangement of objects at
the crime scene.
TRACING AND LOCATING THE CRIMINAL

• Usually the criminal is not hiding; he is simply unknown.


The professional criminal does not operate near his
residence, and hence his flight from the scene is merely a
return home unless, of course he has been recognized
during the commission of the offense.
PROVING THE GUILT OF THE ACCUSED
• In proving the guilt of the accused in court, the existence of
the crime must be established;
• the accused must be identified and be linked to the crime
scene; competent and credible witnesses must be
available;
• and the physical evidence must be identified. The proof of
guilt is dependent on establishing the essential elements of
the crime. The investigator must know by heart the
elements of specific crime.
COMMON LAPSES IN INVESTIGATION

• 1. Incomplete Case Folder – lack of material documentation.


• 2. No template for the conduct of investigation
• 3. Inadequacy of coordination – The investigator, SOCO, prosecutors
and others works separately and independently in the conduct of their
investigation.
COMMON LAPSES IN INVESTIGATION

• 4. Failure to Prosecute
• 5. Chain of custody –
• 6. Less appreciation of electronic evidence – investigators take for
granted electronic devices such as cell phones, computers which can
be processed to give investigative leads.
Standard method of recording investigative data:

• a) Photography
• b) Sketching the crime scenes
• c) Written notes (what you have seen or observed)
• d) Developing and lifting fingerprints found at the crime scene
• e) Gathering physical evidence
• f) Plaster casting
• g) Tape recording of sounds
• h) Video tape recording of objects; and
• i) Written statements of subject and witnesses
Scientific Examination of Physical Evidence

a) The crime scene search


(i) Processing and securing the crime scene – Processing a
crime scene includes the application of diligent and careful
methods by an investigator to recognize, identify preserve and
collect facts and items of evidentiary value that may assist in
reconstructing that which actually occurred. The processing of
the area at the scene includes all direct traces of the crime.
And this is determined by the type of crime committed and
the place where the act occurred.
Continue

• (ii) Protecting the crime scene and the evidence- Successful crime
scene processing depends upon the policeman’s or investigators
skill in recognizing and collecting facts and items of value as
evidence, and upon his ability to protect, preserve, and later, to
present these in a logical manner. This requires making careful and
detailed notes and sketches; using correct procedures in taking
photographs of the scene; taking written statements and
transcribing verbal statements of witnesses, suspects and victims;
and careful identification, marking and preservation of collected
physical objects of evidentiary value.
Continue -

• b) Laboratory examinations of objects and substances


located usually at the crime scene. Objects and substances
needing examination in some cases are carried,
intentionally or unintentionally, by suspects from the crime
scene.
Investigator's Notebook
• Purpose: Considering the mass of details and the number of
cases which in some instances an investigator is handling, it is
very possible that he might forget some details. Many of the
details associated with the investigation, while not essential to
the report, might become points of interest to the court when
the case is brought to trial. Experienced investigator employ a
handbook to record the relevant details of the case. During
trial, the court allows investigators to consult their notes in
order to refresh their memory.
Interview

• a) Includes so-called interrogations which are actually


interviews.
• b) also includes eliciting information from witnesses and
confidential informants.
Custodial Investigation

• It is a skillful questioning of a suspect or a hostile witness to


divulge information concerning the crime under
investigation.
• It is the stage wherein police investigators begin to focus on the
guilt of the suspect, and the suspect is taken on the custody or
deprive of his/her freedom of action in any substantial manner.
Custodial Interrogation

• It is the application of techniques to elicit information from a


criminal suspect during custodial investigation.
• It must be remembered, however, that police investigators can’t
learn proper interrogation merely by reading books. The success of
interrogation depends on its legality, topic, physical insights and
experiences.
PHYSICAL EVIDENCE
• Evidence with physical properties that establish the crime or
the identity of the perpetuator
• Physical evidence plays a major role in criminal investigations.
• Physical evidence cannot be wrong – it cannot perjure itself -
but it can be misinterpreted.
• Only human failure to find it, study it and understand it can
diminish its value.
• Courts usually put more weight on physical evidence, versus
testimonial evidence.
PURPOSE OF STUDYING PHYSICAL EVIDENCE

• It is often a decisive factor in determining guilt or


innocence.
• It can be a material aid in locating the perpetrator of a
crime.
Scent Evidence
• Scent is defined as the bacterial, cellular, and vaporous
debris enshrouding the individual. This debris is the result
of dead dying cells, which the body sheds at a rate of
approximately forty-thousand each minute.

• Air currents project the scent away from the body. The
debris becomes deposited in the environment as a scent
trail.
Chain of Custody
• It is the term used to describe the identification and control
of evidence from the time it is collected at the scene until it
is entered into evidence in court. The legal chain of custody
must be maintained at all times (Dempsey, 2007).
• It is one of the most crucial issues in crime scenes. If
officers fail to follow chain of custody procedures critical
evidence may be suppressed (Ibid).
LOCARD'S EXCHANGE PRINCIPLE
• Early in the 20th Century, Dr. Edmond Locard, the director
of the first crime laboratory, in Lyon, France formed the
basis for what is widely regarded as a cornerstone of
forensic sciences.
• This principle states that:
• “When any person comes into contact with an object or
another person, a cross-transfer of physical evidence
occurs.”
• Therefore, based on Locard's Exchange Principle, there will
be a physical evidence link between:
– The suspect and his environment.
– The victim.
– The crime scene.
• As a crime scene investigator, it is your job to find those
physical links.
WHAT IS EVIDENCE?
• “Evidence” can be almost anything. In order to determine
what is evidence, you must have a basic understanding of
what occurred during the commission of the crime.
• Legal definition states that it is the means sanctioned by
the rules of court of ascertaining facts in a judicial
proceedings
Holy Trinity for Solving Crimes

• Physical evidence
• Witnesses
• Confessions
• Without one of the first two, there is little a chance of even finding
a suspect. In homicide and assault cases, physical evidence is the
number one determinant of guilt or innocence.
HOW TO DETERMINE WHAT SHOULD BE COLLECTED AS EVIDENCE

• It must be relevant to the incident or crime.


• Determine the associative value of the evidence.
• Example:
• Fingerprints have a high associative value because they can
positively place that person at the scene.
• A discarded pack of Marlboro cigarettes alone would have a low
associative value because it is a common brand. However, if you have
information the suspect smoked Marlboro cigarettes and his latent
fingerprint is found on the wrapper, the associative value becomes
high.
WHAT IS A CRIME SCENE
• a place or the area where a crime has taken place or committed.
• One of the most crucial stages of a criminal investigation is the
response to and processing of the crime scene, the location where
the crime was committed (Dempsey, 2007).
• A crime scene can be extended from the actual area in which the
crime occurred to any area where the suspect flees to or leaves
evidence.
PROCEDURE AT THE CRIME SCENE
IMPORTANCE OF THE CRIME SCENE

• THE CRIME SCENE IS THE MOST CRITICAL ASPECT IN ANY VIOLENT


INCIDENT. IT CAN DO AND UNDO THE INVESTIGATION SO TO SPEAK.
MEANING THE SOLUTION DEPENDS LARGELY ON THE WAY
INVESTIGATION AND PROCESSING AT THE CRIME SCENE IS
CONDUCTED.
CRIME SCENE INVESTIGATION VS. SCENE OF
CRIME OPERATION
• FOR THE UNDERSIGNED, CRIME SCENE INNVESTIGATION IS THE
TOTALITY OF ALL THE INVESTIGATION BE IT INSIDE AND OUTSIDE OF
THE TAPE OR THE POLICE LINE. WHILE SOCO IS CONFINED TO ANY
INVESTIGATIVE ACTIVITIES INSIDE THE POLICE LINE. MAINLY,
IDENTIFICATION, PRESERVATION, TAKING PHOTOGRAPHS,
COLLECTION, MARKINGS, LABELLING AND TAGGING OF PHYSICAL
EVIDENCE.
Crime Scene Investigation

• The goal of CSI is to preserve the scene in as pristine – pure


and unchanged – a condition as possible for as long a time
as possible. In other words, conditions at the scene should
remain as close as possible to the conditions that existed
when the crime occurred.
GOLDEN RULE AT THE CRIME SCENE

• DO NOT M.A.C. THE CRIME SCENE WHICH STANDS FOR


MUTILATE, ALTER, AND CONTAMINATE.
• PHYSICAL EVIDENCE CAN ONLY BE TOUCHED, MOVED ONLY
WHEN THEY ARE RECORDED, PHOTOGRAPHED, MEASURED
AND MARKED OR LABELLED.
THE FIRST RESPONDERS
• Almost always, the first officer at the scene of the crime are
those officers assigned to patrol duties and in the localities,
the alert team or officers who responds to the crime upon
the call for police assistance. Even Off duty officer when he
respond upon request of neighbors. They are called the
first responders.
THE ROLE OF THE FIRST RESPONDERS
• 1. CHECK IF MEDICAL ATTENTION IS REQUIRED.
• 2. RECORD CHANGES IN THE APPEARANCE OF THE SCENE.
• 3. SECURE THE AREA BY CORDONING OR ROPING
• 4. CONDUCT PRELIMINARY INTERVIEW.
• 5. DETERMINE WHAT CRIME WAS COMMITTED.
• 6. DETERMINE HOW CRIME WAS COMMITTED.
• 7. ISOLATE SUSPECTS AND WITNESSES.
THE ROLE OF THE FIRST RESPONDERS

• 8. MAKE A LIST OF PERSONS WHO HAVE ENTERED THE CRIME SCENE


• 9. BE AWARE THAT YOU ARE A POTENTIAL SOURCE OF EVIDENCE.
• 10. CONDUCT ALL ADMINISTRATIVE DUTIES OUTSIDE THE TAPE.
• 11. PROTECT EVIDENCE FROM ADVERSE ENVIRONMENTAL CONDITION.
• 12. INFORM THE NEAREST POLICE STATION OF THE INCIDENT.
1. Steps to be followed upon arrival at the scene -

• a) Record the date, arrival time, and weather condition.


• b) If on an injured person is at the scene, arrange for medical
attention, identification and removal. The scene should be
disturbed only to the extent necessary to have medical aid
rendered to the injured or to have a doctor examine a
deceased victim. Each alteration should be accurately recorded.
• c) If the offender is at the scene, apprehend him.
Continue -
• d) If the scene is not fully protected, ensure its protection
by using other policemen or other responsible persons to
keep witnesses, suspects and victims who are present from
disturbing the scene.
• (i) it may be necessary to re route the traffic to inhibit
employees from entering their place of employment, or to
take other action to present any disturbance of the scene
until thoroughly processed.
Continue -
• (ii) Early action is taken to protect items of possible
evidentiary value that may be destroyed by rain, fire or
other causes before collection can be made. For example, a
raincoat or a piece of canvass maybe used to cover
compressions on the ground that are exposed to rain.
Continue
• e) determine and record the name of those person at the
scene who maybe witnesses, and separate them. These
persons should be removed from the immediate area of
the scene as soon as practicable.
• f) Conduct preliminary questioning of the witnesses,
suspects and victims to determine in general the extent of
the incident of the crime.
Continue
• g) Note the name of all persons officially present. Those
present within the immediate area of the scene should be
only the minimum number needed to assist the
investigator. It may be necessary to request other
policemen or officials present to refrain from disturbing
objects or aspects of the scene.
2. Recording -

• The investigator begins the process of recording pertinent


facts and details of the investigation the moment he arrives
at the scene. (of course, he records the time when he was
initially notified prior to his arrival). He writes down the
identification of person involved and what he initially sees.
• He also draws a basic sketch of the crime scene is recorded
before the occurrence that disturbs the scene. As a rule, do
not touch, alter, or remove anything at the crime scene
until the evidence has been processed through notes,
sketches and photographs, with proper measurements.
3 Search for Evidence

• a) Each crime scene is different, according to physical


nature of the scene and the crime or offense involved.
Consequently, the scene is processed in accordance with
the prevailing physical characteristics of the scene and with
the need to develop essential evidentiary facts peculiar to
the offense.
3 Search for Evidence

• A general survey of the scene is always made, however, to


note the location of obvious traces of action, the probable
entry and exit points used by the offender and the size and
shape of the area involved.
• b) In rooms, buildings and small outdoor areas, a systematic search
of evidence is initiated. (in the interest of uniformity, it is
recommended that clockwise movement be used). The investigator
examines each item encountered on the floor, walls, and ceilings to
locate anything that may be of evidentiary value. You should:
• (i) Give particular attention to fragile evidence that may be
destroyed or contaminated if it is not collected when discovered
• (ii) If any doubts exist as to the value of an item, treat it as
evidence until proven otherwise.
• (iii) ensure that the item or area where latent fingerprint
may be present is closely examined and that actions taken
to develop the prints.
• (iv) Carefully protect any impression of evidentiary value in
surfaces conducive to making casts or molds. If possible,
photograph the impressions and make a case or molds.
• (v) note stains, spots, and pools of liquids within the scene
and treat them as evidence.
• (vi) Note any peculiar odor emitting from the scene.
• (vii) treat as evidence all other items, such as hairs, fibers,
and earth particles, foreign to the area in which they are
found, for example: matter found under victims
fingerprints.
• (viii) proceed systematically and uninterruptedly to the
conclusion of the processing of the scene. The search for
evidence is initially completed when, after a thorough
examination of the scene, the rough sketch, necessary
photograph and investigative notes have been completed
and the investigator has returned to the point from which
the search began. Further search maybe necessary after
the evidence and the statement obtained have been
evaluated.
• c) In large outdoor areas, it is advisable to divide the area
into strips about (4) feet wide. The policemen may first
search the strip on his left as he faces the scene and then
the adjoining strips.
• d) It may be advisable to make a search beyond the area
considered to be the immediate scene of the incident of
crime. For example, evidence may indicate that the
weapon or tool used in the scene was discarded or hidden
by the offender somewhere within the square mile area
near the scene.
• e) After completing the search of the scene, the
investigator examines the object or person actually attack
by the offender. For example, a ripped safe, a desk drawer,
that has been pried open or a room from which items have
been stolen, would be processed after the remainder of the
scene has been examined for traces of the offender. In ha
homicide case, the position of the victim should be outline
with the chalk or any other suitable material before the
body is removed.
• It is advisable to examine the body after the remainder of
the scene has been searched. This is to enable the
policeman or investigator to evaluate all objects of special
interests in the light of all other evidence found at the
scene.
F. Methods of crime scene search
• (i) Strip search method – in this method the area is blocked
out in the form of a rectangle. The three (3) searchers A, B,
and C proceed slowly at the same pace along parallel in
one side of the rectangle. When a piece of evidence is
found, the finder announces his discovery and the search
must stop until the evidence is collected and tagged and
the search proceed at a given signal. At the end of the
rectangle, the searchers turn and proceed along new lanes.
• (ii) Double strip method – or grid method is a modification
of the strip search. Here the rectangle is traversed first
parallel to the base then to the side.
• (iii) Spiral search method – The three searchers follow each
other along the path of spiral in toward the center.
• (iv) Zone search method – One searcher is assigned to each
subdivision of a quadrant is cut into another set of
quadrants.
STRIP METHOD

CRIME SCENE
MEDIA

VIP

COMMAND
POST
SEARCH METHODS

Zone Search

Strip/ Line Search Spiral Search


Method Method

Double Strip Search Wheel Search


• (v) Wheel search method – The scene is considered to be
circular. The searcher gather at the center and proceed
outward along radii or spokes. The procedure should be
repeated several times depending on the size of the circle
and the numbers of searchers. One shortcoming of this
method is the great increase in the area to be observed as
the searcher departs from the center.
4. COLLECTION OF EVIDENCE
• This is accomplished after the search is completed, the
rough sketches finished and photographs taken. Fragile
evidence should be collected as they are found. All firearms
found to have tampered serial numbers shall be
automatically subjected to macro etching at the PNP Crime
Laboratory. A corresponding reports to the Firearms and
Explosive Office must be for verification. In the collection,
the investigator should touch the evidence only when
necessary.
BLOOD

FRESH BLOOD

DRY BLOOD
BLOODSTAINS

BLOOD SPLATTER
FIREARMS EVIDENCE
(FIREARMS, SHELLS, BULLETS AND METAL FRAGMENTS)

1 2 3 4

5 6 7 8
FINGERPRINTS OR PALM PRINTS

1 2 3

4 5 6
HAIR STRAND

1 2 3
5 REMOVAL OF EVIDENCE
• a) The investigator places his initials, the date and time of
discovery on each item of evidence for proper identification.
• b) Items that could not be marked should be place in a
suitable container and sealed.

6. TAGGING OF EVIDENCE
Any physical evidence obtained must be tagged before its
submission to the evidence custodian.
Marking of Evidence

• Evidence must be marked to ensure that its identify can be


legally established in court. When the evidence is
presented in court, the investigator will be asked to prove it
is the same as that found at the scene.
• Normal descriptions of the items of evidence are not
sufficient: distinctive symbols, marks, or initials should be
used.
Packaging of Evidence

• Evidence must be preserved in its natural state. Each item


must be preserved and packaged separately.
MARKING & TAGGING OF EVIDENCE FIREARM

MARK HERE
BARREL MARK HERE
SLIDE

FPJ FPJ
MARK HERE
FPJ
FRAME

Case EVID
:M
Victim urder ENCE
:
Suspe
c
T/D o t:
f Incid
Place ent:
o
Evide f Incident:
n
w/ SN ce: 9mm N
: 1234 O
56 ma RINCO Pis
rked
as “F tol
PJ”
MARKING OF EVIDENCE

FPJ - 1

NOSE OR FIRED CARTRIDGE CASE


OGIVE

FPJ - 2 BASE

FIRED BULLET FPJ - 3


PACK & LABEL EVIDENCE
BROWN ENVELOPE

CASE NO. CCPO-01-2007


CASE: ALLEGED RAPE W/ HOMICIDE
TIME & DATE OF OCCURRENCE: OOA 2000H, 02 FEB ’07
PLACE OF OCCURRENCE: 69 JONQUERA ST. CEBU CITY
VICTIM: CRISELDA FOLKS
SUSPECT: ROGER MONG
INVESTIGATING UNIT: PS 1, CEBU CITY POLICE OFFICE

EVIDENCE
ONE (1) HANFORD BRIEF COLOR WHITE WITH
SUSPECTED SEMEN NOW MARKED AS “CF-1”.
SEALING OF EVIDENCE CONTAINER

SEALING TAPE SIGNATURE

EVIDENCE
7. EVALUATION OF EVIDENCE
• Each item of evidence must be evaluated in relation to all
the evidences, individually and collectively.
8. PRESERVATION OF EVIDENCE
It is the investigators responsibility so that all precaution is
exercise to preserve physical evidence in the state in which
it was discovered or obtained until it is released to the
evidence custodian.
9. RELEASING OF EVIDENCE
• Evidence in the investigator’s possession is released only to
the evidence custodian or another person designated by
the investigators supervisor.
10. RELEASING THE SCENE
The scene is not released until all processing is completed.
The release should be effected at the earliest practicable
time, particularly when an activity has been closed or its
operation is curtailed.
CONDUCT FINAL SURVEY

CRIME SCENE
MEDIA

VIP

COMMAND
POST
11. SKETCHING THE CRIME SCENE
• Points to Consider
• a) To establish admissibility, the investigator must have had
personal observation of the data in question. In other
words the sketch must be sponsored or verified.
• b) reminder: Sketches are not substitute for notes of
photos: they are but a supplement to them
• c) Type of sketches
• Floor plan or “birds eye view”- The floor plan (or birds eye
view) is the most common type. It is drawn in a two-
dimensional perspective as if you are over the scene looking
straight down.
• Elevation drawing - The elevation sketch depicts a side, front,
or rear of the exterior of a structure or one of the interior walls
in a room; used when the vertical, rather than the horizontal
plane is of interest.
OVERVIEW OR FLOOR PLAN SKETCH

BED

1
2 V
LEGEND
V – VICTIM
1 – CAL .45 FIRED SHELL
2 – 9mm PISTOL
ELEVATION SKETCH

AIRCON

2 ft. 3 in.
2 ft. 9 in. 8
3 ft. 6 in.

LEGEND
6 – bullet hole
7 – bullet hole
8 – blood splatter
• c) Type of sketches
• Exploded view - Exploded View (Cross-Projection) - The exploded
view (or cross projection) is a two dimensional drawing which
combines a birds-eye view and an elevation diagram by using a
birds-eye view for the floor area of a room and an elevation view of
the walls of the room by laying the walls flat (as if the room
exploded).
LEGEND
CROSS PROJECTION OR
V – Victim
EXPLODED SKETCH
1&2 – 9mm fired shell
3 – More Cigarette butt
WALL AIRCON
4 – Pool of blood
5 – deformed slug

7
6 & 7 – bullet holes
8 – blood splatter
8 T – Table
6

5
T
4 3
S
V
V
BED

WALL
WALL
2

BR CR FLOOR
1

WALL
• c) Type of sketches
• Perspective drawing - The perspective view is a three-dimensional
line drawing of a specific view of the crime scene. It is useful when
there are too many extraneous items in a photograph that distract
or conceal evidence or important elements of the scene. By using a
three-dimensional drawing, unnecessary items can be eliminated
from the view to emphasize the important elements.
ELEVATION SKETCH

AIRCON

2 ft. 3 in.
2 ft. 9 in. 8
3 ft. 6 in.

LEGEND
6 – bullet hole
7 – bullet hole
8 – blood splatter
11. SKETCHING THE CRIME SCENE
• d) Write down all measurements
• e) Fill in all the details on your rough sketch at the scene.
(Final sketch may be prepared at the office).
• f) Keep the rough sketch even when you have completed
the final sketch.
• g) Indicate the north direction to scale
• h) Draw the final sketch to scale
• i) Indicate the place in the sketch as well as the person who
drew it. Use the KEY – capital letters of the alphabet for
listing down more or less normal parts or accessories of the
place, and numbers for items of evidence.
• j) Indicate the position, location and relationship of the
objects.
• k) Methods or system in locating points (objects) on sketch
• (i) Rectangular coordinates (measurement of right angle from
each of two walls).
• (ii) Coordinates constructed on transecting baseline. Choose
relatively fixed point for your baseline.
• (iii) Triangulation. (Measurements made from each of two
fixed objects to the point you want to plot or locate so as to
form an imaginary triangle. Sketch will show as many imaginary
triangles as there are objects plotted).
• l) Critical measurements., such as skid marks, should be checked by two
(2) investigators.
• m) Measurement should be in harmony; or in centimeters, inches, yards,
meters, mixed in one sketch.
• n) Use standard symbols on the sketch
• o) Show which way the door swing.
• p) Show which arrow the direction of stairways.
• q) Recheck the sketch for clarity, accuracy, scale, title, key.
Crime Scene Sketch
• A sketch is a rough drawing, usually prepared at the scene
for the purpose of recording measurements.
• Before any piece of evidence is moved or collected, a
sketch of the scene should be drawn and measurements
taken.
USES OF SKETCHES AND DIAGRAMS

• They are records of exact locations and relationships within the crime
scene.
• They refresh the memory of the investigator.
• They provide a permanent record of conditions, which may be difficult
to describe in the narrative of a report.
• To document the scene for other investigators and agencies.
• Diagrams serve as an aid in questioning witnesses.
• They give attorneys, judges and juries a visual frame of reference of
the crime scene.
Crime Scene Diagram
• A diagram is a finished drawing. It is the final copy and is
usually drawn to scale.
SUBJECTS OF DIAGRAMS
• Final Position Diagram - The final position diagram illustrates the
crime scene as it was found when crime scene investigators arrived.
For example:
• • If the crime was a homicide and the body was removed from the
scene prior to the arrival of investigators, the location of the body
would not be indicated in the diagram.
• • If an officer at the scene stated he moved a chair after he
arrived, the chair would be diagramed in the final position it was
moved to.
SUBJECTS OF DIAGRAMS
• Event Diagram - The event diagram illustrates events or
movements that occurred during the incident.

• Example:
• • The path a person walked.
• • Vehicle movement before and after a traffic accident.
SUBJECTS OF DIAGRAMS
• Physical Evidence Diagram
• The physical evidence diagram uses a birds-eye view to
show the location of evidence within the crime scene in
relation to furnishings and/or other recognizable landmarks
within the scene. This type of diagram is useful for
eliminating clutter from the scene that distracts from the
evidence.
SUBJECTS OF DIAGRAMS
• Furnishings Diagram - The furnishings diagram uses a birds-
eye view to show a room/house and the furnishings within,
but omits illustrating the body or evidence within the
scene. This type of diagram is a useful aid for interviews of
suspects and witnesses during the investigation of the
incident and in the courtroom during a trial. It gives
everyone a visual reference of the scene without adding
information that may influence their recollection of events.
CRIME SCENE PHOTOGRAPHY
• The crime scene photographer has one primary goal: to
provide visual documentation that is a true and accurate
representation of the scene and the evidence. Because it is
essential that each photograph is true and accurate,
• The crime scene photographer must use camera equipment
and techniques that will not distort or obscure anything within
the photograph or present material in the photograph in a way
that may be misleading.
CRIME SCENE PHOTOGRAPHY
• The purpose of crime scene photography is to visually
record the scene as you found it. Investigators, attorneys
and juries in a court of law will then use those
photographs. If the photographs do not come out or are
taken improperly, valuable evidence will be lost and a case
could be dismissed or seriously jeopardized.
WHY TAKE PHOTOGRAPHS?
• Photographs become a permanent record of the scene as it
appeared when investigators were present.
• They serve as an aid to refresh the memory.
• They provide documentation of a crime or injury.
• Forensic scientists use them to perform analyses and comparisons.
• Attorneys, judges and juries use them as a visual aid before and
during a trial.
HOW TO PHOTOGRAPH CRIME SCENE

• • Over-all photographs.
• • Mid-range photographs.
• • Close-up photographs
HOW TO PHOTOGRAPH CRIME SCENE

• Over-all photographs - The goal of over-all photographs is to get as


much information into one photograph as possible.
• Over-all photographs should be taken before anything in the scene
is disturbed or moved. They should record the scene as it was
found.
• The over-all photographs will serve as a point of reference for the
mid-range and close-up photos that will be taken later.
• MID-RANGE PHOTOGRAPHS - Medium or mid-ranges
photographs help orient the viewer as to the relationships and
areas where items of evidence were located.
• They focus the attention of the viewer on a particular object,
but the camera is still far enough away from it so that its
location can be determined from the surrounding objects (this
is where good over-all photographs become important). Use a
50mm lens that will keep distortion to a minimum.
• CLOSE-UP PHOTOGRAPHS - Close-up photographs define
and give details to a specific item of evidence. Every piece
of evidence that is present in a crime scene does not
necessarily need to be photographed close-up. Close-up
photographs should be taken when the important aspects
of a piece of evidence are not depicted in the over-all or
mid-range photos.
GUIDELINES FOR CRIME SCENE PHOTOGRAPHY

• Do not take photos of anything that you do not want the world to
see.
• If a photo is on a roll of film you took at a crime scene, it becomes
evidence and can be used in court by the defense or prosecution.
• Generally speaking, all of the photographs should be taken while
standing in an upright position with the camera held at eye level.
This, however, is not a hard fast rule. If it is necessary to bend over
or squat down to take the picture that is what you do.
GUIDELINES FOR CRIME SCENE PHOTOGRAPHY
• The crime scene and any evidence within the scene
should be photographed before it is moved or
disturbed, and before any processing is done within
the scene.
Use of Evidence Markers
• Once over-all photographs and mid-range photographs
have been taken, items that are going to be collected as
evidence should be identified with the use of a marker and
photographed again with the marker in place before the
item is collected.
• The number or letter assigned to that item should be
unique to the item so that every item has its own number.
Photo Logs
• If possible, an assistant should follow the photographer
and record a written log of the photographs that are taken.
Photo Logs
• The log should include information regarding:
• • Type of film used.
• • Name of photographer.
• • The film frame number for each photograph taken.
• • Where the frame was taken (example: living room, northwest
corner).
• • Camera settings (example: 125th second, f-8, 50mm lens).
• • Flash settings (example: automatic).
• • Date and time each frame was taken.
INTERVIEW AND INTERROGATION
A. INTERVIEW
• 1. Interview - is the questioning of a person believed to
possess knowledge that is of official interest to the
investigator.
• 2. Importance of interview – interview in crime
investigation is very important as the person interviewed
usually give his account of an accident under investigation
or offers information concerning a person being
investigated in his own manner and words.
Basic assumption:

• Nobody has to talk to law enforcers. No law compels a


person to talk to the police if he does not want to.
Therefore, people will have to be persuaded, always within
legal and ethical limits, to talk law enforcers. This makes
interviewing an art.
Basic assumption:
3 The person interviewed: Consider:
a) His ability to observe
b) His ability to remember
c) His ability to narrate
d) His mental weakness because of drunkenness, drug
addiction, his being a pathological liar or similar factor
e) Emotional weakness springing from such sources as
family problems, hatred, revenge and love.
4. The Interviewer’s Personal Traits
• a) He must be a practical psychologist who understand the
human psyche and behavior
• b) He has sincere interest in people. People who are
reclusive generally are not good interviewers.
• c) He is calm, has self discipline, and keeps his temper
4. The Interviewer’s Personal Traits
• d) He is courteous, decent and sensitive
• e) He is self assured and professional. He is tactful, i.e., he
knows what to say and say it
• f) He is cordial and agreeable, and never officious, but he
should avoid over familiarity.
4. The Interviewer’s Personal Traits
• g) He is purposeful, persistent and patient. Some people
just cannot be rushed.
• h) He is analytical
• i) He is flexible and cautious
• j) He is a good actor and can conceal his emotions
4. The Interviewer’s Personal Traits
• k) He avoids third degree tactics and never deviates from
the fundamental principle that a person must be treated
according to humanitarian and legal precepts.
• l) he keeps the rules on evidence in his mind
5 Planning the Interview
• In planning the interview. The investigator should, as a general rule,
select a place which will proved him with a psychological advantage.
He should conduct the questioning as soon as possible after the
occurrence. In planning the interview, the interviewer should
consider:
– a) The fact of the case which have been established so far
– b) The information needed to complete the picture
5 Planning the Interview
– c) The sources of information that may be consulted such as filed
and records
– d) The possibility of confronting the suspects with physical
evidence
– e) the time available for the interview
– f) the time allowed by law
6. Opening the interview

• a) The interviewer should identify himself and the agency


to which he belongs.
• b) He should try to size up the interviewee and reach a
tentative conclusion should his type, then use the best
interview approach.
• c) He should keep in mind the provisions of law regarding
the rights of people under custodial investigation.
7. The body of the interview

• a) The interviewee should be allowed to tell his own words


without interruption.
• (i) This allows for continuity and clearness
• (ii) Range of interviewee is broadened
• (iii) It helps the interviewee recall and relate events in
their proper order.
• b) Interviewer should keep to the point at issue and should
not wander too far from it.
7. The body of the interview

• c) Interviewer should be alert for hearsay information so he


can question the interviewee on the matter later
• d) Do not interrupt a trend of ideas by abruptly asking a
question.
• e) However, you may guide the interviewee with no
innocuous questions such as, and then what did you do?
8. Questioning
• a) Dominate the interview. Be careful not to allow the
interviewee to be the one asking questions.
• b) Do not ramble. Have a reason for every question asked.
• c) Follow the order of time and bring out the facts in that
order. This Technique is called
8. Questioning
• “chronological questioning” and is considered the easiest
as people tend to think in terms of what happened first,
second then third. The interviewer should go step by step
in learning all the details concerning the planning and
commission of the crime and what happened after it was
committed.
8. Questioning
• d) Exhaust each topic before moving to the next.
• e) Determine the basis for each material statement. It might be
hearsay.
• f) Keep your questions simple and understandable. Avoid
double-edged or forked questions.
• g) The danger of leading and misleading questions should be
borne in mind. A question which suggest to the witness the
answer which the interviewer desires is a leading question.
Question which assume material facts that have not been
proven are misleading questions.
8. Questioning
• h) Wait for the answer to one question before asking another.
• i) Ask important questions in the same tone of voice as the
unimportant ones.
• j) As a rule, avoid trick or bluffing questions.
• k) Where it is necessary to inquire into the past history of the
interviewee involving something unpleasant, it is wise to use
introductory remarks deploring the need for the question and
saying that it is one that unpleasant but necessary duties of an
officer.
9. Closing
• a) Before closing the interview, the officer should make a mental
check of the purpose of the interview and should analyze what he
has learned, then decide whether you have attain your objective.
He should be guided in this respect by the 5W and 1H.
• b) The interviewer should always leave the door open for a re-
interview.
Note: Although, interview and interrogation have similar meaning,
there are those who prefer interview when questioning witnesses
and informants, and interrogation when questioning suspects.
B. INTERROGATION
I. IN GENERAL
1. Interrogation defined – is the questioning of a person who
is reluctant to make a full disclosure of information in his
possession which is pertinent to the investigation.
B. INTERROGATION
2. Purpose of interrogation:
a) To obtain information concerning the innocence or guilt of
suspect.
b) To obtain a confession to the crime from a guilty suspect.
c) To induce the suspect to make admissions.
d) To know the surrounding circumstances of a crime.
e) To learn the existence and location of physical evidence such as
documents or weapons
f) To know the identity of the accomplice
g) To develop information which will lead to the fruits of
the crime.
h) To develop additional leads for the investigation.
i) To discover the details of any other crime in which the
suspect participated
3. Preliminary conduct.

• The interrogator should identify himself at the outset and


state in general the purpose of the investigation. He must
advise the suspect of his rights against self-incrimination
and inform him that he does not have to answer questions
and that, if he does answer, these answers can be used as
evidence against him. He must inform the suspect of his
right to counsel and that a state appointed counsel will be
made available without cost to him if he so desires.
3. Preliminary conduct.

• The interrogator may not question the suspect unless the


latter has definitely waived his rights to be silent.
Ordinarily, the investigator should be alone with the
suspect and, of course, the latter’s lawyer, if he has
requested counsel.
4. The Interrogation room

The room should provide freedom from distractions. It


should be designed simply to enhance the concentration of
both the interrogator and the subject on the matter under
questioning.
5. Interrogation techniques -

a) Emotional appeal – Place the subject in the proper frame


of mind. The investigator should provide emotional
stimulus that will prompt the subject unburden himself by
confiding. Analyze the subject’s personality and decide
what motivation would prompt him to tell the truth, then
provide those motives through appropriate emotional
appeal.
5. Interrogation techniques -
b. Sympathetic approach - The suspect may feel the need for
sympathy or friendship. He is apparently in trouble.
Gestures of friendship may win his cooperation.
c) Kindness – the simplest technique is to assume that the
suspect will confess if he is treated in a kind and friendly
manner.
d) Extenuation – the investigator indicates he does not
consider his subject’s indiscretion a grave offense.
5. Interrogation techniques -
e) Shifting the blame – the interrogator makes clear his belief
that the subject is obviously not the sort of person who
usually gets mixed up in a crime like this. The interrogator
could tell from the start that he was not dealing with a
fellow who is a criminal by nature and choice. The trouble
with the suspect lies in his little weakness – he likes liquor,
perhaps, or he is excessively fond of girls, or he has had a
bad run of luck in gambling.
5. Interrogation techniques -
f) Mutt & Jeff - Two (2) agents are employed. Mutt, the
relentless investigator, who is not going to waste any time
because he knows the subject is guilty. Jeff on the other
hand, is obviously a kind hearted man.
End of Presentation

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