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Responsibilities of Special Crime Investigator

The document outlines the responsibilities and principles of special crime investigators. It discusses determining if a crime has been committed, recovering evidence, and aiding in prosecution. It also describes the six cardinal points of investigation - what, when, where, who, why, and how. Golden rules for investigators include safeguarding the scene, separating witnesses, and not moving evidence. Methods to identify offenders include confessions, witness testimony, circumstantial evidence, and associative evidence linking the suspect to the crime. The document also discusses different types of evidence like physical, testimonial, and documentary evidence.

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Kimberly Jamili Miayo
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458 views21 pages

Responsibilities of Special Crime Investigator

The document outlines the responsibilities and principles of special crime investigators. It discusses determining if a crime has been committed, recovering evidence, and aiding in prosecution. It also describes the six cardinal points of investigation - what, when, where, who, why, and how. Golden rules for investigators include safeguarding the scene, separating witnesses, and not moving evidence. Methods to identify offenders include confessions, witness testimony, circumstantial evidence, and associative evidence linking the suspect to the crime. The document also discusses different types of evidence like physical, testimonial, and documentary evidence.

Uploaded by

Kimberly Jamili Miayo
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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Responsibilities of Special Crime Investigator:

• Determine whether or not a crime has been committed.


• Decide if the crime committed was within investigator’s
jurisdiction.
• Discover all facts pertaining to the case.
• Recover stolen property.
• Identify the perpetrator
• Locate and apprehend the perpetrator.
• Aid in the prosecution of the offender by providing
evidence of guilt which is admissible in court.
• 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
▫ 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:

• 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.
• . 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

• 1. Verbal Description
• 2. Photographic Files (Rogue’s Gallery)
• 3. General Photograph
• 4. Artist’s Assistance
• 5. 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:
• 1. there are more than one circumstances
• 2. the facts from which the inferences derived are
proven
• 3. 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:

• Physical
• Tetimonial
• Documentary
• 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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