Scribd
Upload
9K views

3 Phases of Investigation

The document outlines the phases of a criminal investigation which typically includes identifying the criminal, tracing and locating them, and gathering evidence to prove their guilt in court. It discusses that the three phases are not necessarily separate but often occur simultaneously. The goal of an investigation is to accomplish the threefold aim of identifying and locating the guilty party and providing evidence of their guilt. An investigation is considered successful if it uncovers all relevant information, but not every crime can be solved due to insufficient evidence.

Uploaded by

Name Toom
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
9K views

3 Phases of Investigation

The document outlines the phases of a criminal investigation which typically includes identifying the criminal, tracing and locating them, and gathering evidence to prove their guilt in court. It discusses that the three phases are not necessarily separate but often occur simultaneously. The goal of an investigation is to accomplish the threefold aim of identifying and locating the guilty party and providing evidence of their guilt. An investigation is considered successful if it uncovers all relevant information, but not every crime can be solved due to insufficient evidence.

Uploaded by

Name Toom
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

PHASES OF INVESTIGATION

1.The objectives of the investigator provide a convenient division of the


investigation into three phases:

(a) the criminal is identified;

(b) he is traced and located; and

(c) the facts proving the guilt are gathered for court presentation.

This division is made for convenience of discussion, since the three


phases are not necessarily separated in time but are usually fused throughout
the investigation. The same evidence, moreover can often be used for all three
objectives.

2.Identifying the Criminal. In the first stage the criminal is identified, i.e.,
some person is identified as the perpetrator of the criminal acts. Ordinarily the
identity of the criminal is discovered in one or more of the following ways:
confession, eyewitness testimony, or circumstantial evidence.
3.Tracing and Locating the Criminal. The second phase of the
investigation is concerned with locating the offender. Obviously many of the
steps previously suggested for identifying the suspect will also lead to his
location. Usually the criminal is not hiding; he is simply unknown. In those
cases, then, the problem is primarily one of identification. In many cases,
however, it is necessary to trace a fugitive who is hiding.
4.Proving the Guilt. It is assumed that the criminal has been identified and
is now in custody. The investigation, however, is far from complete; it has
entered the third and often the most difficult phase, namely, gathering the
facts necessary in the trial to prove the guilt of the accused.
48
5. The final test of a criminal investigation is in the presentation of the
evidence in court. The fact of the existence of the crime must be established;
the defendant must be identified and associated with crime scene; competent
and credible witnesses must be available; the physical evidence must be
appropriately identified, its connection with the case shown; and the whole
must be presented in an orderly and logical fashion.

NATURE OF INVESTIGATION

1.A criminal investigator is a person who collects facts to accomplish a


threefold aim: to identify and locate the guilty party and to provide evidence
of his guilt. Investigation is an art and science. The tools of the investigator
are for the sake of simplicity, referred to as the three “I’s”, namely:
Information, Investigation, and Instrumentation. By the application of the
three “I’s” in varying proportions the investigator gathers the facts which are
necessary to establish the guilt of the accused in a criminal trial.
2.It should be noted, that there are no normative criteria for judging the
success or failure of an investigation. The fact that the crime remains unsolved
does not indicate a deficiency in the investigation; nor does a conviction of the
accused necessarily mean that the investigation was conducted in an
intelligent manner. An investigation may be considered a success if all the
available information relevant and material to the issues or allegations of the
case is uncovered. There is, however, no way of knowing, ordinarily, whether
the information was available.
3.It is a common misconception that every crime is intrinsically soluble;
that there is always sufficient evidence available to reveal the identity of the
criminal, that the perpetrator always leaves traces at the crime scene which, in
the hands of a discerning investigator or technician, will lead inevitably to his
door. Many crimes are not susceptible of solution because the evidence is
insufficient. The absence of eyewitnesses, discernible motives and physical
clues will obviously prohibit a solution unless the criminal confesses. Often,
the corpus delicti or fact that the crime was committed cannot be established,
and even a confession is of little value.
49
4.The concept of solving crime does not satisfy the requirements of a
completed investigation. To the general public, this term describes merely the
process of discovering the identity of the suspect and apprehending him.
These achievements, however, leave the investigator far from his ultimate
goal of presenting sufficient evidence in a court of law to warrant a
conviction.
5.Finding the perpetrator is frequently the simplest phase of the
investigation; obtaining the evidence to support the charge in court is often an
exceedingly complex task.

You might also like