FUNDAMENTALS OF CRIMINAL INVESTIGATION
INTRODUCTION
Criminal investigation in its modern form is a rather recent
development. In the past, crimes are solved not by
scientific methods of inquiry but rather through crude and
discredited means such as witchcraft, torture and other
similar methods.
CRIMINAL:
Criminological Sense – from the time he or she committed
the crime.
Criminal Justice Sense – After undergoing all the pillars of
the CJS.
Legal Sense – Guilty beyond reasonable doubt.
ETYMOLOGY OF THE WORD “INVESTIGATION”
INVESTIGATION – act or process of careful inquiry or
research.
INVESTIGARE/VESTIGARE – to trace or track.
VESTIGIUM – Footprint.
Old French – INVESTIGACION – a searching into.
CRIMINAL INVESTIGATION – it is an art or science which
deals with the Identity, Location and Providing the guilty of
the Offender.
CRIMINAL INVESTIGATION – “the systematic, step-bystep process of determining whether or not a crime has
been committed, and if so, who committed it”.
CRIMINAL INVESTIGATION: ART OR SCIENCE?
ART - more on Art because it is not governed by rigid rules.
It is more on rule of intuition and felicity of inspiration.
Criminal Investigation: 95% - Perspiration, 3% - Inspiration,
2% - Luck
SCIENCE - it involves systematic process namely
identifying, collecting, preserving, and evaluating of
evidences.
Since it involves a step-by-step process, it helps to know
the different stages involved in the development of a fullblown criminal investigation, these are:
1.
DETECTION – is the fact of discovery. It is the
chance event which triggers the operation of our criminal
justice system. This occurs when a possible crime is
observed by the police or are reported to its attention.
2.
PRELIMINARY INVESTIGATION – the early of
initial stage of the investigation immediately after the
occurrence of the crime.
Preliminary Investigation is usually done by first
responders or patrol officers who take the following
primary responsibilities on site:
i.
ii.
iii.
iv.
v.
Deal with emergencies first:
Neutralize all threats
Render aid to the injured
Cordon the crime scene
Record all information and disseminate
to available patrol units for possible hot
pursuit
Wait for detectives
Make initial/spot report
3.
FOLLOW-UP INVESTIGATION – after the initial
investigation, a more thorough investigation is made by
the detectives or investigators in order to tie up the loose
ends of the initial investigation or further build up a
stronger case.
4.
RE-INVESTIGATION – in some cases, a reinvestigation is resorted to whenever fatal errors are
committed in the earlier investigations which prevent the
closure of the case. This usually happens when unethical
investigative practices are resorted to, thereby requiring
re-investigation in order to prevent a miscarriage of justice.
These unethical investigative practices may include:
- Torture
- Planting of evidence - Instigation
- Frame-up – where an innocent person is made to appear
responsible for a crime committed by another
- White wash or “cover up” – where officials deny the
existence of a crime
GOALS OF CRIMINAL INVESTIGATION (Three-Fold Aims)
Criminal investigation have the following generally
accepted objectives:
1. To identify the guilty party
2. To locate the guilty party
3. To provide the prosecution with evidence necessary to
support conviction of the guilty party.
INVESTIGATIVE TOOLS (3 I’s of investigation)
The following are recognized tools of investigators:
1. Information
2. Instrumentation
3. Interrogation
INFORMATION
For purposes of investigation, INFORMATION is “anything
that tells us something, whether, correct or incorrect”.
This is a general term that refers to any facts, statements or
materials surrounding the commission of a crime. If the
information is of such nature and quality that it could
further advance the investigation, that information is called
a LEAD.
When there are no more leads to develop, it is said that the
investigation is facing a BLANK WALL.
CLASSES OF INFORMATION
1. REGULAR SOURCES – records, files from government
and non-government agencies, news items.
2. CULTIVATED SOURCES – information gathered upon
initiative of the investigator from informants, vendors,
taxicab driver, GRO, and others.
3. GRAPEVINE SOURCES – these are information coming
from the underworld characters such as prisoners and exconvicts
SOURCES OF INFORMATION
The following are sources of information:
A. Persons
B. Places
C. Things
A. PERSONS – these are individuals who may be:
1. VICTIMS – the direct recipients of the crime itself who
suffered direct or indirect loss/injury as a consequence
thereof
2. COMPLAINANTS – persons who informs the police of a
crime and demands that something be done about it
3. WITNESSES – third persons who have personal
knowledge of relevant facts surrounding a crime
4. INFORMERS/INFORMANTS – furnishes information
relative to a crime either voluntarily or for a consideration
5. SUSPECTS – person who is accused as the author of the
crime
FORMS OF INFORMATION
1. SENSORY FORM – 5 senses
2. WRITTEN FORM – Affidavits and Documents
3. PHYSICAL FORM – Physical Evidences
INFORMANTS – people selected as sources of information.
TWO TYPES OF INFORMANTS
INFORMANT - provides information voluntarily.
INFORMER - gives information in exchange for a reward or
remuneration
TYPES OF INFORMANTS
ANONYMOUS INFORMANT – refuse to identify
him/herself.
RIVAL-ELIMINATION – eliminate rival person or gang due to
competition or revenge.
FALSE INFORMANT – information of no value or no
consequence.
FRIGHTENED - weakest gang member, runs to police.
MOTIVATED BY ANXIETY.
SELF-AGGRANDIZING – move around center of criminals
and delight in surprising police.
MERCENARY – sells information.
DOUBLE CROSSER – confesses to get more information.
WOMAN – uses body, charm and beauty.
INCIDENTAL – no intention of repeating confession.
CASUAL – social or professional possession, response to
specific request or own initiative.
AUTOMATIC – virtue of position/obligated.
RECRUITED – selected, trained, and utilized.
MOTIVES OF INFORMANT
-Vanity
-Avoidance of punishment
-Civic mindedness
-Competition
-Fear
-Revenge
-Repentance
-Jealousy
-Renumeration
INFORMANT RECRUITMENT: (SIAT)
1. SELECTION – identify who has access. (WIDE ACCESS –
most important feature of a recruited informant.)
2. INVESTIGATION – must be thorough as possible. This
establishes existing motives.
3. APPROACH – have pleasant surroundings.
4. TESTING – recruited informant is given limited
assignment.
B. PLACES – places as a source of information generally
refers to the SCENE OF THE CRIME (locus criminis).
It is important for the investigators to locate the true crime
scene because it contains the highest concentration of
physical evidence and possible witnesses of its
commission.
Crime scenes may be:
1.PRIMARY CRIME SCENE – the place where the crime
was committed
2. SECONDARY CRIME SCENE – the place where the crime
was continued
3. PSEUDO CRIME SCENE – a crime scene staged to
mislead, cover-up, or conceal what really happened
Note: No two crime scenes are alike. Each crime scenes are
unique, thus different crime scenes demands different search
plans to be employed according to the circumstances of each
location.
DIFFERENT SEARCH PATTERNS:
1. The STRIP METHOD requires that crime scene personnel
walk a path from one end of the crime scene, over to the
other side of the room or area, and then return in the
direction from which he or she first started.
Every lap brings the investigator closer to the center of the
room or space being searched. The appearance is similar
to someone swimming laps in a pool.
2. The WHEEL METHOD employs the use of several crime
scene personnel or searchers. Starting in the middle of an
imaginary circle, each investigator moves in a direction
straight out from the center, or "hub" of the wheel, much
like the spokes of a bicycle wheel.
However, it is possible to destroy unseen evidence in the
"hub" area if extreme care is not taken to watch where
investigators are stepping as they gather in the center of the
search area.
3. The SPIRAL METHOD has the investigator(s) examining
the area for evidence in an ever-widening circle, from the
position of the core crime scene or on the perimeter and
then moves in an outward direction.
4. The ZONE METHOD breaks the crime scene area into
squares. For example, a living room can be divided into four
equal sections and examined by an individual investigator.
In many cases, those squares are further divided into
additional, smaller squares to facilitate evidence location.
5. The GRID METHOD is best used in large crime scenes
such as fields or woods. Several searchers, or a line of
them, move alongside each other from one end of the area
to be searched to the other.
Imagine a string of a dozen officers walking at arm's length
down a football field. At the opposite end, they turn and
perform the same search, though moving in the opposite
direction in consecutive laps. Then, they search again,
moving across the field at a 45-degree angle to where they
first started, until the entire area has been covered.
GOLDEN RULE AT CRIME SCENE
Do not MAC – Move or Mutilate, Alter, Change or
Contaminate the crime scene not unless measured,
photographed, and sketched
Crime Scene Documentation
1. PHOTOGRAPH/CRIME SCENE PHOTOGRAPHY –
permanent and accurate record – take as many
photographs as you can.
Guidelines
–
must be taken as soon as possible
–
show original, uncontaminated condition
–
taken without spectators or police personnel
–
from organized sequence and show all relevant
location and object
–
taken from general to specific(deductive)
MAJOR TYPES OF PICTORIAL VIEWS
1. GENERAL OR LONG RANGE – over all scene – depict
location of the crime (doorway to the room and other
corners
2, MID-RANGE – nature of the crime 8-10 feet from victim
3. CLOSE UP – shows the details of the crime 5ft or less
from the subject/object - evidence
4. EXTREME CLOSE UP – wounds or extent of damage on
the body or property.
CRIME SCENE SKETCH – graphic representation of scene
of the crime – complete measurement of relative distances
ELEMENTS:
a. MEASUREMENT – dimension and distance
b. COMPASS DIRECTION – North direction drawn
c. ESSENTIAL ITEMS – pieces of physical evidnce
d. SCALE AND PROPORTION – representation of sketch to
actual size
e. LEGEND – use of words or numbers to represent item
f. TITLE – Information of crime – nature, time and date,
location of crime.
Note: In legend, always prioritize cadaver.
GENERAL KINDS OF SKETCH
1. ROUGH SKETCH – without scale and proportion – made
by investigator at crime scene/basis for finished sketch
2. FINISHED SKETCH – for court room presentation –
drawn by draftsman – proper relationship and scales
SPECIFIC KINDS OF SKETCHES
1. SKETCH OF LOCALITY/NEIGHBORHOOD SKETCH –
neighboring building – environs
2. SKETCH OF THE GROUND/FLOOR PLAN/ OVERVIEW –
nearest physical surrounding.
3. SKETCH IN DETAILS – immediate scene only
4.
EXPLODED/CROSS
PROJECTION
–
clear
impression/blood stains or bullet holes are found.
TYPES OF MEASUREMENT
1. RECTANGULAR METHOD – two walls in a room as fixed
points – right angle
2. TRIANGULATION METHOD – creating a triangle – angle
formed by the line – two widely separated fixed reference
3. BASELINE METHOD – single reference line/baseline
4. COMPASS POINT METHOD – required protractor or
some method of measuring angles/one point is selected as
origin
5. CROSS PROJECTION METHOD – ceiling appears to open
up like hinged box. Point of floor to the wall
INTERVIEW & INTERROGATION
In processing persons as sources of information, the
investigator generally conducts an INTERVIEW.
INTERVIEW – A friendly and cooperative conversation for
the purpose of obtaining as much relevant information as
the source can possibly give under the circumstances.
However, when the subject is the suspect himself or a
hostile/uncooperative witness, an INTERROGATION is
conducted.
INTERROGATION – The conversation is rather
confrontational. With respect to the suspect, interrogation
is valid only if made in compliance with MIRANDA RIGHTS.
OBJECTIVES OF INTERVIEW AND INTERROGATION:
1. Obtain valuable facts
2. Eliminate innocent
3. Identify guilty party
4. Obtain confession/admission (main objective)
CONFESSION – direct acknowledgement of guilt
ADMISSION – falling short of an acknowledgement of
guilty/acknowledgement of fact (self-incriminatory
statements)
TYPES OF CONFESSION:
JUDICIAL CONFESSION
–
made in open court
–
do not require proof and cannot be contradicted
(Sec 2 Rule 129)
EXTRA-JUDICIAL CONFESSION
–
during custodial investigation and must be
supported by evidence of Corpus Delicti.
KINDS OF EXTRA JUDICIAL CONFESSION
VOLUNTARILY
–
speaks of his free will/without inducement/full
and complete knowledge of nature
must be writing and under oath, language known
and understood by the accused/taken in
presence of counsel/signed or with thumbmark.
INVOLUNTARY
–
though force, threat, intimidation, duress or
anything.
PLANNING THE INTERVIEW
✓ The interviewer must have a general knowledge of
the crime before he could start asking intelligent
questions and illicit useful information from the
interviewee.
✓ He must first gather the general data and start
from there.
These involves the basic 5Ws and 1H of criminal
investigation:
1. What is the nature of the case?
2. Where was it committed?
3. When did it happen?
4. Who are the persons involved?
5. Why did it happen?
6. How was it committed?
INSTRUMENTATION
application of instruments and methods of
physical science/examination of real evidence
use of forensic tools in order to advance the goals
of investigation.
Also called CRIMINALISTICS, this is where
investigation becomes strictly scientific.
INTRUMENTATION/CRIMINALISTICS are:
1. Legal Medicine;
2. Forensic Chemistry & Toxicology;
3. Personal Identification;
4. Firearms Identification (Forensic Ballistics);
5. Questioned Documents & Handwriting Examinations;
6. Polygraph Examinations; and
7. Police Photography
PHASES OF CRIMINAL INVESTIGATION
PHASE I: IDENTIFY SUSPECT
Kinds of Criminals Identified by Witness
a. KNOWN CRIMINALS – available from police
files/records.
b. UNKNOWN CRIMINALS – identification is furnished by
eyewitness.
Methods of Identification by witness
PORTRAIT PARLE (VERBAL DESCRIPTION)
French word which means speaking likeness.
Depends on ability of witness to observe,
describe and compare
ROUGES GALLERY
photographic files
Compilation of images of criminals
GENERAL PHOTOGRAPH
variety of facial types showing diff features of
faces presented to witness.
ARTIST/CARTOGRAPHIC SKETCH
composite criminal illustration
witness and prober develop picture with the help
of a skilled cartographer.
Procedures of identification by eyewitness
a. PHYSICAL LINE-UP/POLICE LINE-UP
Suspect is mixed with a group of innocent
persons commonly seven to ten persons.
Purpose is to eliminate the power of suggestion
b. PHYSICAL SHOW UP
only one person/at the scene of the crime
PHASE II: LOCATE THE SUSPECT
SURVEILLANCE – secret/discrete/clandestine observation
TYPES OF SURVEILLANCE
1. Tailing or Shadowing
2. Casing or Reconnaissance – focused on buildings or
places
3. Undercover Operation or Roping – Focused on criminal
activities
DEFINITION OF TERMS
SURVEILLANT – conduct surveillance
SUBJECT/RABBIT – person or place being observed or
watched
INVESTIGATOR – prober
PRE-SURVEILLANCE CONFERENCE – held before
surveillance
SURVEILLANCE PLAN – plan established
AREA TARGET – area of operation of surveillance activities
STAKEOUT OR PLANT – observation of places or areas
from fixed point
SAFEHOUSE – place where men meet for debriefing
DROP – any person in unsuspecting/secure place where
undercover leave their message
CONVOY – associates of subject who follows to detect
surveillance
DECOY – accomplice or associate – avoid or elude
surveillant
TAILING OR SHADOWING – observation of a person
LOOSE TAIL – general impression of subject’s habit and
associates.
ROUGH TAIL – without special precaution and the subject
is aware that he/she is being observed.
CLOSED TAIL – with so much precaution where constant
observation is necessary.
Methods of shadowing
a. ONE MAN SHADOW – extremely difficult and should be
avoided
b. TWO-MAN SHADOW – two agents are employed
c. THREE-MAN SURVEILLANCE OR ABC METHOD –
reduces the risk of losing the subject/ greater security to
agents detection
d. LEAPFROG METHOD – locate hideout from vintage point
without moving after the subject. Poor chances of obtaining
good result/agents are station at a fixed point/same general
route each day is assumed
e. COMBINED FOOT AUTO SURVEILLANCE – combination
According to methods
a. STAKEOUT SURVEILLANCE – you know or you suspect
that a person is at or will come to a known location where
crime is going to be committed.
b. TECHNICAL SURVEILLANCE – use of communication
and electronic gadgets
Eavesdropping – simple listening.
Bugging – with use of recorder.
Wiretapping – Taps telephone line(RA 4200)
Undercover operation/roping - assumes a different and
unofficial identity
Cover – individual group of organization conceals true
nature of its act or existence from observer
Cover story – biographical data through fictional/portray
personality of the agent he assumed/cover up operation
Cover support – agent assigned in target areas with
primary mission of supporting cover story
Types of undercover assignment
1.
RESIDENTIAL
ASSIGNMENT
–
related
to
neighborhood/agent will live as a new resident without
making any suspicion.
2. SOCIAL ASSIGNMENT – gain access to subject by
different hang out place.
3. WORK ASSIGNMENT – employed where the subject
work.
4. SUBVERSIVE ASSIGNMENT – join the organization of
subject/know ideologies.
MEANS TO PRESERVE EVIDENCE
MAINTAIN CHAIN OF CUSTODY – legal integrity of
evidence
IDENTIFY, TAG, AND SEAL - physical integrity of evidence
Factors for physical evidence to be admissible
1. Article must be properly identified
2. Continuity of chain of custody must be proved
3. Competency must be proved (material and relevant)
COMPETENT - not violating rules
RELEVANT – relation/related
MATERIAL – weight/impact/directed to prove a fact
STEPS IN PROCESSING RAW INFO
1. Collection – organization of raw data into usable
form/grouping similar items – readily available
2. Recording – reduction of info into writing or form of
graphical representation/arranging into group of related
items.
3. Evaluation – examination of raw info to determine
pertinence (kinalaman sa issue), Reliability (maaasahan
ba?), Credibility (kung katanggap tanggap ba).
4. Interpretation – establish meaning and significance of
information
PHASE III: DISSEMINATION AND USE OF INFORMATION
– transferring the processed information to proper users.
Classification of Documents
1. TOP SECRET – exceptionally grave damage. (green)
2. SECRET – endanger national security, serious injury to
interest or prestige of nation. (red)
3. CONFIDENTIAL – would cause embarrassment. (Blue)
4. RESTRICTED – requires special protection other than top
secret. (black)