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Lesson Proper MODULE 3

The document discusses the tools used in criminal investigation which are information, interview and interrogation, and instrumentation. It also discusses the principles, goals, types and steps of criminal investigation.

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ningcordel
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© © All Rights Reserved
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0% found this document useful (0 votes)
21 views

Lesson Proper MODULE 3

The document discusses the tools used in criminal investigation which are information, interview and interrogation, and instrumentation. It also discusses the principles, goals, types and steps of criminal investigation.

Uploaded by

ningcordel
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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LESSON

PROPER

TOOLS IN CRIMINAL INVESTIGATION


The so-called three tools in criminal investigation or
sometimes called as the 3 I’s of criminal investigation are the
Information, Interview & Interrogation, and Instrumentation.

 Information are the knowledge or facts which


investigator had gathered or acquired from persons
or documents, which are pertinent or relevant
concerning the commission of the crime or criminal activities.

Classification of Information as to Sources


 Regular Sources. Information were taken from
records, files from the government or non-
government agencies, news items. The bulk of
applications of this nature are news items
included also are news or TV broadcast,
intercepted radio telephone messages and
stored computer area.

 Cultivated Sources. Information are furnished by


informants or informers.

 Grapevines Sources. When the information is


disclosed by the underworld characters such as
prisoners or ex-convicts.

 Interview. Interview and interrogation are similar


with each other, in the sense that, they are both
ways of obtaining information from a certain
suspects or persons that has knowledge on a
crime. The criminological term interview is the
simple questioning of a person who cooperates
with the investigator in account of interview, the
witness voluntarily gives their accounts about the
commission of a crime.
Ysulat & Cordero 2020
Asides from the data which were gathered by the investigator from other
persons including the victim himself and from:

 Public Records- it is generally a request made by a


person, business entity, attorney, group to public
entity, person, committee, agency for information
obtained or generated by the public entity made
to perpetuate, communicate and formalize
knowledge of public business. The request may be
made in writing or orally.

 Private Records- contain information about


individuals or information about individuals which is
voluntarily provided as part of that person's online
interaction with government.

 Modus Operandi file- someone's habits of working,


particularly in the context of business or criminal
investigations, but also more generally. It is a Latin
phrase, approximately translated as mode of
operating.

 Interview and Interrogation are similar, in the sense that


they are both ways of obtaining information from a
certain suspect or person that has knowledge on a
crime.

Link Terms for Interview and Interrogation


 Interviewer- refers to a person who conducts
interview.

 Interviewee- refers to a person being


interviewed.

 Interrogator- the subject of interrogation


whether a suspect or a victim.

 Suspect- denotes any person associated to the commission


of a crime. A suspect may
also refer to any person
whose guilt is considered
on reasonable ground to
be a practical possibility.

Ysulat & Cordero 2020


 Witness- a person other than the suspect, who is
requested to give information concerning an incident.
He/she may be a victim, complainant, an accuser, a
source of information, and an observer of the
occurrence, a scientific specialist who has examined
physical evidence or a custodian of official document.

 Field Inquiry – it is the general questioning of all persons


who were present
at the crime scene/traffic accident scene. There is
no need to warn the person being interviewed
about Republic Act 7438 (Custodial Investigation)
considering the facts that this is not part of custodial
processes. Any information taken thereto is relevant
or material in the resolution of the case.

Ysulat & Cordero 2020


 Instrumentation is the process of applying instruments or tools of the police sciences in
criminal investigation and detection.
This is the use of the Police Laboratory
in the examination of the pieces of
physical evidences such as the
following examples:
• Firearms Identification
• Fingerprint Examination
• Question Document
Examination
• Photography
• Polygraphy
• Forensic Chemistry
• Physics
• Biology

THE FOUR PHASES OF CRIMINAL INVESTIGATION


 The identification of criminal.
 The criminal is traced, located and arrested.
 The facts or evidence to prove the guilt of the accused
are gathered.
 Pieces of evidence are presented in court.

The four phases of criminal investigation helps the law


enforcement in identification of the perpetrator, to trace them,
and be located and arrested.

PRINCIPLES IN INVESTIGATION
Investigation is an inquiry, judicial or otherwise for the discovery and collection of facts
concerning the matters involved. It is the process of inquiring, eliciting, soliciting and getting
vital information, facts, and circumstances in order
to establish the truth.

Investigation is the collection of facts to


accomplish a three-fold aim:
 To identify the suspect;
 To locate the suspect; and
 To provide evidence of his guilt

Ysulat & Cordero 2020


Kinds of Criminal Investigation
 Investigation while the suspect is under arrest and
detention
 Investigation while the suspect is at large.

Goals of Criminal Investigation


 To determine whether a crime has been committed.
 To legally obtain information or evidence.
 To identify persons involved in the crime.
 To arrest suspects.
 To recover stolen properties.
 To present the best possible case to the prosecutor.

Modes of Investigation
 Reactive mode of investigation- used when
investigators receive information of criminal activity
and there is an urgent need to intervene. In such
cases, too great a delay in response can result in
serious consequences for victims.

 Proactive mode of investigation- is conducted in response to information on an


ongoing criminal activity obtained through
intelligence-gathering or from reports of witnesses.
In these situations, there is no imminent threat to
witnesses, meaning that investigators do not have
to respond immediately.

Objective of Criminal Investigation


 Detect crime.
 Locate and identify suspects in crimes.
 Locate, document preserve evidence in crimes.
 Arrest suspects in crimes.
 Recover stolen property.
 Prepare sound criminal case for prosecution.

Ysulat & Cordero 2020


Criminal Investigation
Is a legal inquiry by virtue of a complaint to follow up, examine, trace, track, and search
step by step by patient and meticulous observation, the fact of the commission of the crime, the
identity of the actors, and the circumstances offending
thereto, by careful evaluation of all available evidence to
the end that violators of law be brought to the bar of
justice, and innocent be relieved there from.

Criminal Investigation it is the systematic process


of identifying collecting, preserving and evaluating
information for the purpose of bringing a criminal
offender to justice. To complete a criminal investigation,
it must include its basic elements such as; recognition,
collection, preservation, evaluation and presentation in
the court. (Contemporary point of View)

It is a multi-faceted, problem-solving challenge.


Arriving at the scene of a crime, an officer is often required to rapidly make critical decisions,
sometimes involving life and death, based on limited information in a dynamic environment of
active and still evolving events.(According to Weston and Wells)

Criminal investigation as lawful search for people and things useful in reconstructing the
circumstances of an illegal act or omission and the state accompanying it.

Steps in Criminal Investigation


 Identification/ Recognition of facts, information,
evidence;
 Collection of facts, Information, evidence;
 Preservation of forensic value (Legal Integrity);
 Evaluation, processing of evidence and case; and
 Presentation of evidence and criminal case

Basic Elements of Criminal Investigation


 1ST Element: Recognition
Recognition involves the efforts of identifying
data, including physical things that may provide
relevant information regarding the criminal case
being investigated. That is why recognition is
otherwise known as identification stage of
investigation. The earlier the significant facts are
identified, the sooner the case will be solved.

Ysulat & Cordero 2020


Significant things that must be recognized may be in the form of bloodstains at the crime
scene, neighbor who accidentally saw/witnessed a burglary in progress, or bank record of a
drug dealer. These are highly relevant facts that can be used by the investigator, to be
developed on a well-founded belief that a crime has in fact been committed.

 2nd Element: Collection


Collection refers to the act of gathering those
identified data or facts, or physical things that are
significant to the case under investigation.

Collection maybe done by scrapping to the


bloodstains found at the crime scene, interviewing
the neighbor who saw the burglary, or examination
of drug dealer’s bankbook.

 3rd Element: Preservation


Preservation is a function that is almost
simultaneously performed during the collection stage.
It includes that act of keeping the collected pieces of
evidence in their true and original form, preventing
contamination or destruction of their substantive
value.
Preservation does not only involve the process of
packaging physical evidences in order that they can
be safely transmitted to the evidence custodian or to
the crime laboratory but covers the process of maintaining the objectivity of facts or information
also gathered from the testimony of witnesses, victims or other persons involved in the criminal
case.

 4th Element: Evaluation


Evaluation refers to the process of determining
the probative value of evidence. Probative value
refers to the strength of the evidence or its
worth/weight in successfully establishing a proof
that a crime has in fact been committed and that the
suspect/accused is the one who is responsible for it.

 5th Element: Presentation


Presentation is primarily manifested in the
courtroom. The investigator, either the help of the
prosecutor, must be able to present facts and
information in a very simple and convenient manner
in order to convince the court And other parties
involved in the criminal case about the validity and
truthfulness of the evidence they are trying to prove
or establish (Weston & Wells, 1997).
Ysulat & Cordero 2020
Cardinal Points of Investigation
 What specific offense was committed?
 How the offense was committed?
 Who committed it?
 Where the offense was committed?
 When it was committed?
 Why is was committed?

 WHO? - These questions include the complete and correct name of all those involved
in the incident such as the victim/s. complainant/s. witness/es and whoever may present
during the incident.
1. Who was/ were the victim?
2. Who was/were the complainant?
3. Who discovered the crime?
4. Who committed the crime?
5. Who is/are the principal/ accomplices and or accessories of the crime?
6. Who saw or heard anything of importance?
7. Who was the officer handling the case?
8. Who was/ were present during the commission of the crime?
9. Who was /were the companion/s of the victim when the crime transpired?

 WHAT? -These questions are being directed to the crime being committed. Police
reports sometime indicate the crime or offense committed whether offenses under the
revised penal code, special laws, presidential decrees or ordinances.
1. What was the crime committed/
2. What are the elements of the crime committed by the suspect?
3. What actually transpired?
4. What types of evidences has been obtained?
5. What type of instruments, weapon used by the suspect/s in committing the
crime?
6. What was the motive of the crime?
7. What type or means of transportation was used?
8. What type of evidence was found or discovered at the crime scene?
9. What type of article/ property was stolen?
10. What other related items to the crime were found at the crime scene?
11. What was the exact position of the victim when he was discovered?
12. What are other traces that could link to the identity of the suspect?
13. What was the approximate distance between the victim and the shooter?
14. What was the approximate distance of the witness to the crime scene?
15. What was the weather condition when the crime transpired?

Ysulat & Cordero 2020


 WHERE? - These questions have something to do with the geographical location of the
crime scene, property, or evidence. Described in detail where the incident exactly took
place, e.g. “in the bedroom of a residential house reportedly owned by the victim,
located at no. 000 Green St., Felisicima Village. Brgy. Mojon, Malolos City, Bulacan.
1. Where was the crime committed?
2. Where was the crime discovered?
3. Where was the point of entry/exit?
4. Where was the victim found?
5. Where was/were the suspected weapon found?
6. Where was the victim last seen?
7. Where was the suspect last seen prior to the commission of the crime?
8. Where was the location of the witness when the shooting took place?

 WHEN? - These questions include the date, time when the felony/ offense/ infraction
took place, discovered, property found, suspect apprehended, etc. (PNP sop No. 2012-
001; Soriano 2005).
1. When was the crime committed?
2. When was it discovered?
3. When did they report the crime?
4. When did the officer-on-case arrive at the scene?
5. When was the victim last scene?
6. When was the arrest made?
7. When did the witness execute his/her sworn statement?

 WHY? - These questions provide the reasons or causes why a person or group of
persons will perpetrate a crime, e.g. dispute, economic gain, jealously, revenge or
vendetta.
1. Why was the crime committed?
2. Why was the victim killed?
3. Why the suspect did killed the victim?
4. Why were the witness/es reluctant to execute sworn statement?
5. Why did the perpetrator choose or prefer night time to commit crime?

 HOW? - The question HOW, refers to the means or manner in which the crime has
been committed?
1. How was the crime committed?
2. How did the suspect get in?
3. How did the suspect left?
4. How was the crime discovered?
5. How were the suspected weapons/tools obtained?
6. How was the crime reported?
7. How much was the demand ransom money?

Ysulat & Cordero 2020


Purpose of the 5Ws and 1 H in Criminal Investigation
1. The aid the investigator in searching the crime scene or other places which maybe
sources of evidences.
2. They guide the investigator in formulating questions in interviewing complainant,
witnesses and other interested parties or in the process of interrogating a suspect.
3. They assist the investigator and the desk officer in making brief statements of facts in the
logbook/police blotter and in reports.
4. They help the investigator in preparing the MODUS OPRANDI report - How was the
crime perpetrated?
5. They assist the investigator in furnishing a brief and concise criminal investigation report
(Manwong, 2004).

Patterns, Lead, Tips and Theories


Patterns, leads, tips, and theories are components of the investigation process that
enable investigators to learn and understand the facts of the occurrence with which they are
dealing.
 Patterns are series of similarities that may link particular cases or indicate that the same
person is committing a series of crimes. Pattern could include time and day, day of the
week, description of the suspect, mode of operation, type of weapon being used, type
of victim, location and other variables.

 Leads are clues or pieces of information that aid in the progress of an investigation. These
can be physical evidence or information received from the witnesses or other persons
or through surveillances, undercover investigations and record searches. Anything that
can assist an investigator in resolving an investigation refers to leads.

 Tips are leads provided by the citizens that aid in the progress of an investigation.
Generally, tips involve the identity of the suspect.

 Theories pertain to beliefs regarding the basis on the evidence, patterns, leads, tips, and
other information developed and undercover in the case. These are important because
they direct the investigation. Detectives have to be very careful in building theories about
a case, because if the theory is wrong, it may lead them in the wrong direction
(Dempsey, 2007).

Golden Rule in Criminal Investigation


“Never touch, alter, move, or transfer any object at the crime scene unless it is properly
marked, measured, sketched and/or photographed.”

The purpose of this rule is to avoid the mutilation, alteration, and contamination or
(MAC) of the pieces of physical evidence found at the time crime scene (Garcia, 2004).

Ysulat & Cordero 2020


Methods of Recording the Investigation
 Photographs
 Sketching Crime Scene
 Written Notes (what you have seen or observed)
 Developing and lifting fingerprints found at the crime scene
 Gathering physical Evidence
 Plaster Cast
 Tape Recording of Sounds
 Video tape recording of objects
 Written statements of subject(s) and witnesses (Garcia, 2004)

Criminal Investigator
A public safety officer who is tasked to conduct the
investigation of all criminal cases as provided for and
embodied under the revised penal code, criminal
laws and special laws which are criminal in nature.

A well-trained, disciplined and experienced


professional in the field of criminal investigation.
Criminal Investigator

It refers to the person who performs an


investigation. And also as prober and is considered as
the superstar in the process of investigation (Cael &
Agas, 2000).

Roles of an Investigator
 Determine whether a crime has been committed.
 Identify the victims and the offender.
 Locate and apprehend the accused.
 Present evidence of guilt for the suspects.
 Assist in case follow-up (De Vera, 2008).

Equipment of an Investigator
 Police Line- a line often marked with yellow tape,
demarcating a crime or accident scene and which by
standers are not supposed to cross. A line of police officers
standing guard.

 Video Camera- is a camera used for electronic motion


picture acquisition (as opposed to a movie camera, which
records images on film), initially developed for
the television industry but now common in other
applications as well.

Ysulat & Cordero 2020


 Voice recorder- is a cloud-based, call recording solution that
helps organizations record calls for subsequent use and
keep records of conversations between agents and
customers. This helps you analyze customer views and
agent competency more effectively. A voice recorder is
essentially a digital device that records sound, saves it in file
format, and transfers it to another device, such as a
computer.

 Camera- A camera is an optical instrument used to


record images. At their most basic, cameras are sealed
boxes (the camera body) with a small hole (the aperture)
that allow light in to capture an image on a light-sensitive
surface (usually photographic film or a digital sensor).
Cameras have various mechanisms to control how the light falls onto the light-sensitive
surface.

 Measuring device- a device for measuring a physical


quantity. Established standard objects and events are used
as units, and the process of measurement gives a number
relating the item under study and the referenced unit of
measurement

 Gloves- a covering for the hand having separate sections


for each of the fingers and the thumb and often
extending part way up the arm.

 Flashlight- is a portable hand-held electric light. The source


of the light often used to be an incandescent light bulb but
has been gradually replaced by light-emitting
diodes (LEDs) since the mid-2000s. A typical flashlight
consists of the light source mounted in a reflector, a
transparent cover (sometimes combined with a lens) to
protect the light source and reflector, a battery, and
a switch. These are supported and protected by a case.

 Fingerprint kit- The Crime Scene fingerprint kit includes a


fiberglass fingerprint brush. The delicate fibers allow
the fingerprint powder to be gently spread over the print
to make it visible. Use the Crime Scene fingerprint kit to
collect the fingerprint with the enclosed fingerprint lifting
tape and cards.

 Evidence bag- have a self-sealing adhesive strip that forms


an instantaneous and permanent seal, making it
impossible to reopen the bags without destroying them. ...

Ysulat & Cordero 2020


We are sure you will find these Evidence Collection and
Security Bags to be an excellent value.

 Evidence tag- The tag should include a police


identification number, the date, time, and a description of
the item. It should also note where the piece
of evidence was collected from, who collected it, and any
information associated with the item's make, model, or
brand.

 Evidence bottles/vials- a containers where liquid evidence


are stored.

 Investigators tickler- a notes taking by investigator to log


the important details upon investigation.

Qualifications of an Investigator
 Perseverance.
 Endurance.
 Incorruptible honesty and integrity.
 Intelligence and Wisdom of Solomon.
 Acting activity.
 Mastery of the oral and written communication.
 The keen power of observation and description.
 Courage.
 Working Knowledge.
 The power to read between the lines.
 Working knowledge of martial art.

Ysulat & Cordero 2020


Ysulat & Cordero 2020

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