THE TRICHOTOMY OF CRIMINAL INVESTIGATION

To understand further the nature of criminal investigation, three vital elements must be
considered-Training, tools, and techniques.

TRAINING – being a critical factor in developing good and competent investigator, is the key to
freedom from bondage of ignorance. Ignorant person cannot become competent investigator.
Learned and professional investigators are effective weapons against crimes. These kinds of
investigators can be produced through organized training. Their training, however, is a dynamic
process-it never ends.

Training is effective only on men with self-discipline and prolific minds. Through training, a
person can build his confidence, broaden his vision for professional growth, and strengthen his
will to survive during crisis.

TOOLS- to establish facts and develop evidence, a criminal investigator must use these tools-
information, interview, interrogation and instrumentation.

Most dilemmas encountered by detectives are caused by too much reliance only on the tools of
investigation. While information, interview, interrogation and instrumentation are vital
components of investigation, complete dependence to these usually leads messy investigation.
Therefore, success of criminal investigation depends on action between investigator’s training
and the tools and techniques he uses.

TECHNIQUE- the war against crimes today is not won by more men and powerful guns but
through modern but subtle techniques. Some people insist that courtroom battle is won by
clash of words and wealth. Courtroom veterans are aware that they engage in trial, legal battle
of techniques begins. A criminal investigator with obsolete technique is like a soldier who
enters the combat zone with outdated weapon.

Technique is the essence of tactical strategy in investigation. One secret of successful

investigators is they maintain sympathetic image. They project charismatic personality.
Consequently, they are being looked upon by the public as a friend and not an enemy.

What are the TOOLS OF CRIMINAL INVESTIGATION?

To achieve the goals of criminal investigation, the investigator must know how to use the
available resources or tools. There are indispensable tools that can be used by the criminal
investigators to successfully solve criminal cases. These are identified as information, interview
and interrogation and instrumentation. The use of these tools are vary based on necessity and
actual situation.
 LEGAL DIFFERENCE OF INTERVIEW AND INTERROGATION

I. LEARNING OUTCOMES
At the end of this lecture, the students should be able to:
1. Define Interview;
2. Analyze the Golden Rule of Interview;
3. Interpret the Qualities of Good Interviewer;
4. Analyze the Reasons why Witnesses Refuse to Talk and Testify;
5. Apply the Rules in Questioning;
6. Analyze the Types of Witnesses According to their Attitude; and
7. Legal Considerations in the Conduct of Interview to Criminal Suspects; and
8. Enumerate the settings for Interview.

II. CONTENT
In any criminal investigation process, interviewing and interrogation are the most
important means to obtain needed information about a crime. Both require a combination of
art and skill that must be cultivated and practiced. Not all people who possess information
needed by the investigator are willing to share it. This is true in both interviews and
interrogation.
Witnesses may have various motivations and perceptions, for example, that could
influence their responses during an interview. These motivations and perceptions may be based
on either conscious choice on subconscious stimuli. In addition, gaining information from
specific demographic groups like the elderly and children requires unique skills on the part of
the investigator. Situational characteristics such as the time and place of the
interview/interrogation may also create challenges to eliciting knowledge about a particular
case. Each of these conditions must be effectively addressed in both an interview or
interrogation setting.

INTERVIEW DEFINED
It is the questioning of a person believed to possess information which is relevant to the
investigation of a crime or on criminal activities.

The method of obtaining an information from another person who is aware that he is
giving a wanted information, although he may be ignorant of the true connection and purpose
of the interview. An interview is a questioning of a person believed to be possessed knowledge
that is of official interest to the investigation.

THE GOLDEN RULE OF INTERVIEW

“Never conduct or let anyone conduct an interview if the interviewer has not gone
to the crime scene”.
The questioning should be in agreement with the facts and conditions at the crime
scene. The questioning will lead wayward for the interviewer who had not seen personally the
crime scene and he will not be in a position to distinguish half-truths, exaggerations or
falsehood from the answers of the person being interviewed.”
 QUALITIES OF A GOOD INTERVIEWER
1) Rapport defined – it is the development of intimacy between the interviewer and the
interviewee.
• It is winning the confidence of a person being interviewed in order that he will tell all
the information in his possession.
• The interviewer must be in respectable civilian attire because many thinks that uniform
is intimidating.

2) Forceful Personality
- The appearance of the interviewee and other qualities such as skills of communication
techniques and the force of his language are the mainstays of the strength of his
character.

3) Knowledge of Human Behavior

- The ability of the interviewer to determine the personality and intelligence of his subject.
- He must go down and up to the level of understanding of his particular subject – the
interviewee.

4) Conversational Tone of Voice

- His tone of voice must be conversational, not confrontational as in interrogation.

5) Common Interest
- His preliminary probing questions should be aimed to establish common interest
between him and the subject.

6) Acting Qualities
- He must possess the qualities of an actor, salesman, and psychologist and know how to
use the power of persuasion.

7) Humility
- He must be courteous, sympathetic and humble, ready to ask apologies for the
inconvenience of the interview.

REASONS WHY WITNESSES REFUSE TO TALK AND TESTIFY

1) Fear of Reprisal
- It is always entertained by witnesses who lack the courage to face the suspect, his
company or relatives.
- This is natural for witnesses who have no means to protect themselves or no influential
person to rely on.
- The investigator’s power of persuasion plays a vital role.

2) Great Inconvenience
- The ordeal of testifying in court is an inconvenience on the part hands-to-mouth and to
the unemployed.
3) Hatred against the Police
- This hatred maybe due to previous bad experience with rogue members of the
police organization.

4) Bias of the Witness

- The witness maybe an acquaintance, friend, helper, or benefactor of the suspect.

5) Avoidance of Publicity
- There are witnesses who are shy and they shun publicity that will bring them
discomfort to their ordinary or obscure way of living.

6) Family Restriction
- Some famous and respected families preserve their reputations by instilling to them
members the need of approval of their elders on matters affecting their families.

7) Bigotry
- Religious or racial, tribal or ethnic indifference.

8) Cultist Indoctrination
- Some cults or religious denominations exercise religious or moral influence on the
decision of witnesses to testify. It would be more apparent when the witness and the
suspect belongs to the same cult.

COMMON TECHNIQUE TO CONVINCE WITNESSES TO TALK AND TESTIFY

Many of these witnesses want that they will not be utilized as formal witnesses but to
remain anonymous. The investigator must initially agree that the testimonies be given the
shroud of confidentiality. After the full disclosure of the information, the investigator then
persuades these witnesses to be utilized as formal witnesses especially when there is the
necessity of the testimonial evidence. The power of persuasion plays a key role.

STAGES OF HANDLING THE INTERVIEW

1) Preparation
- The investigator should review the facts at the crime scene and information from other
sources in order that he would be ready for the questioning.
- A background data of the subject should be available so that he could adapt himself to
the kind of approach to be employed.

2) Approach
- The investigator must carefully select his kind of approach, which maybe a single kind,
a combination of two or the application of all the techniques.

3) Warming Up
- This is being done by preliminary or exploratory questions to clear the
atmosphere, promote a conducive ground for cordiality, respect, and trust for each
other.
4) Cognitive Interview
- The subject is now asked to narrate his account without interruption, intervention or
inference.

RULES IN QUESTIONING
1) One Question at a Time
- Avoid multiple, complex and legalistic questions. One question at a time is desired.
2) Avoid Implied Answers
- The nod of the head or any other body language as a response to the question should
be avoided. The answer must be oral, clear, explicit and responsive to the questions.
3) Simplicity of Questions
- A short simple question at a time is required. Avoid legalistic questions.
4) Saving Faces
- Embarrassing questions on the subject on matters of exaggeration or honest errors
about time, distance and description can be avoided if the investigator will cooperate
with subject to “save his face.”
5) Yes and No Answers
- Do not ask questions which could be answered by YES or NO. It will curtail the
complete flow of information and will lead to inaccuracy.

TYPES OF WITNESSES ACCORDING TO THEIR ATTITUDE

1) Know-Nothing Type
- These are the reluctant types of witnesses. They are among the uneducated and of low
level of intelligence.
2) Disinterested Type
- This is the uncooperative and indifferent subject. Their indifference should be
demolished to arouse their interest or be flattered.
3) The Drunken Type
- The style of questioning by the investigator should be adapted to the psychology of the
subject. When the drunken subject sobered, another interview will be conducted,
confronting him about his disclosures while in the state of drunkenness. Written
statement must be taken during his sobriety.
4) Suspicious Type
- These types of witnesses are suspicious about the motive and actions of the
investigator. The barrier of the suspicions may be removed by sincere explanations or
psychological pressure.
5) Talkative Type
- These are witnesses who are prone to exaggerate, adding irrelevant or new matters to
their narrations. The skillful investigator could prune the unnecessary matters from
relevant ones.
6) Honest Witnesses
- These are truthful and cooperative witnesses where the investigator could rely upon,
with little or no problem in handling them.
7) Deceitful Witness
 - These are liar type of witnesses. Let them lie and order them to repeat several times
their narrations. They will be enmeshed in contradictions.
8) Timid Witness
- They are the shy-type of witnesses. The approach must be friendly and reassuring
confidentiality of their information.
9) Boasting, Egoistic, or Egocentric Witnesses
- They will be good witnesses because of their ability of expressing their accounts of the
commission of the crime. They are susceptible to add color or importance in their role as
witnesses, probably under-rating the accounts of others.
10) Refusal to Talk Witnesses
- These are the most difficult subjects to deal with. The causes maybe trauma, shock,
fear, hatred, and others.

STATEMENT ANALYSIS
All complaints and testimonies of witnesses are subjected to the crucible of truth. Utmost care
must be exercised before concluding the culpability of the suspect.

TESTIMONIES BE REDUCED TO WRITING

Complaints and testimonies shall be reduced to writing in the form of Questions and Answers –
never use an affidavit form. Complaints and testimonies must be placed under oath before an
officer authorized to administer oath.

OBJECTIVES OF INTERVIEW
1. Interviews are conducted in criminal cases for the purpose of gathering information from
people who have or may have knowledge needed in the investigation.
2. The information may come from a victim or from a person who has no other relationship
to the criminal activity other than being where he or she was.

TIME, PLACE, AND SETTING OF THE INTERVIEW

a. Police officers conduct interviews in a number of situations. The most common is the onthe-
scene interview.
b. The physical circumstances under which the interview takes place can be critical to the
value of the information obtained.
c. Although convenience of the witness is important to a successful interview, the
interviewer need not relinquish the psychological advantage.
d. Privacy is of the utmost importance in conducting interviews.
e. The physical and emotional states of the witnesses are important in conducting or in
determining whether to conduct an interview.

INTERVIEW SIMULATION
I. LEARNING OUTCOMES
At the end of this lecture, the students should be able to:
1. Explain interviewing concepts for specific crimes.
2. Interpret sample interview questions through case scenarios.

II. CONTENT
Conducting interviews is a core task of law enforcement. How interviews are conducted
can have a profound impact on the outcome, fairness, efficiency and reliability of any
subsequent criminal proceedings. Police, other law enforcement officers and officials from other
investigative bodies are bound to respect and protect the inherent dignity and physical and
mental integrity of all persons – including victims, witnesses and suspects – during questioning.

Non-Accusatory Interviews
Most interviews conducted by investigators will be non-accusatory in nature. The
investigator uses these interviews to establish as much information as possible about the event
under investigation. Even when a suspect has been identified and an interrogation is planned
the investigator will interview the suspect prior to the interrogation. This pre-interview may
occur on the telephone, in person, immediately prior to the interrogation or as a witness
interview early in the investigation.

Witness Interviews
✓ Interviews conducted with witnesses should be non-accusatory. Investigators must make
a systematic effort (a canvass of the area of the incident) to interview all witnesses so that
a thorough investigation is completed.
✓ Some witnesses to a crime may eventually become suspects but they should not be
treated as such until the investigator feels that there is adequate evidence to infer this and
is prepared to proceed with an interrogation.
✓ During a witness interview the investigator should ask open ended questions allowing the
witness as much time to answer in as much detail as he or she wants.
✓ If the witness' answers are too short or lack description the investigator should ask follow
up questions to elicit further detail.
✓ The questions asked of witnesses will vary depending on the investigation. In general, the
witness should be asked to describe what they observed in as much detail as possible,
what involvement, if any, they had in the event; their knowledge of, or relationship with,
any of the participants, and personal information (name, age, phone number, address).

Here are sample investigation interview questions can help get witnesses to talk:

• What did you witness?

• What was the date, time and duration of the incident or behavior you witnessed?
• Where did it happen?
• Who was involved?
• What did each person do and speak?
• Did anyone else see it happen? Who?
• What did you do after witnessing the incident or behavior?
• Did you say anything to the parties involved in response to what you witnessed?
• How did the complainant and the subject of the allegation react to your response?

Victim Interviews
✓ When interviewing a victim, the investigator must keep in mind that the person they are
speaking with has just been through a bad experience.
✓ The victim's health and personal safety must be the investigator's primary concern. This
may cause the interview with the victim to be postponed. The victim may be angry, afraid
or even traumatized. These intense emotions may be projected onto the investigator.
✓ The investigator will have to use all of his or her communication skills to obtain the valuable
information that the victim possesses.
✓ The victim should be asked to provide a description of what happened to them in as much
detail as possible.
✓ The investigator should ask follow-up questions to clarify points in the victim's statement.
✓ The victim should be asked if they know the other person(s) involved in the incident
and what, if any, is their relationship to them.
✓ In cases involving property crime the investigator should establish, in detail, what
was taken or damaged.
✓ The investigator should obtain the victim's personal information (home, work, cell and
email) to facilitate follow-up conversations.

Here are sample investigation interview questions to ask to the complainant/Victim:

• What happened?
• What was the date, time and duration of the incident or behavior?
• How many times did this happen?
• Where did it happen?
• How did it happen?
• Did anyone else see it happen? Who? What did they say? What did they do?
• Was there physical contact? Describe it. Demonstrate it.
• What did you do in response to the incident or behavior?
• What did you say in response to the incident or behavior?
• How did the subject of the allegation react to your response?
• Did you report this to anyone? To whom? When? What they say and/or do?
• Did you tell anyone about the incident or behavior? Who? What did they say and/or do?
• Do you know whether the subject of the allegation has been involved in any other
incidents?
• Do you know why the incident or behavior occurred?
• Do you know anyone else who can shed light on this incident?
• Is there anything else you want to tell me that I haven’t asked you?

Rape Case Interviews

In Rape Case investigations, the primary responsibilities of detectives are the physical
and emotional well-being of the victim, the preservation of evidence, and the apprehension of
the suspect.
 ✓ Prior to the interview, the investigator builds a rapport with the victim, demonstrate
empathy, and validate her credibility.
✓ Detectives provide the victim with the opportunity to make small choices, thus giving
some
semblance of control.
✓ For example, the investigator asks the victim if she wants someone present with her
during
the interview and allows her to select the interview location. The location should be
private
and free from distractions
✓ To begin the interview, investigators ask the victim an open-ended question like, “Tell
me
what happened today.”
✓ The key is allowing the victim to tell the entire story without interruptions. In order to
add detail or clarify discrepancies, the detective may ask the victim more specific
questions once she has completed her narrative.

Investigators must ensure the victim provides these essential elements during the
interview:

The victim’s behavior prior to the assault

• Where did the victim and suspect first come into contact?
• Was alcohol a factor?
• Was the rape facilitated by drugs?
• Was the victim alone or with friends who could be potential witnesses?
The victim’s behavior during the crime
• Was there shoving, kicking, or scratching aimed at the offender?
• What did the victim say to the offender such as “no,” “stop,” or “I don’t want to do
this”?
• What is the victim’s relationship with the suspect? Is the offender a stranger or a known
person to the victim?
• What were the suspect’s actions prior to, during, and after the assault?
• What is the chronology of the specific sex acts that were performed?
• What force was used or threatened by the offender?

Murder Case Interviews

In order to understand the artist, you have to look at the artwork. It's the same thing
with killers you really have to study the crime. You have to look at how it was done and then
you can begin to understand why.
✓ Before you sit across a table from either a convicted or suspected killer, you need to
do your homework. You have to stud the crime scene and autopsy photos of the victims
and read the police reports. And you have to complete the victimology-an analysis of
the subject.
 ✓ Being familiar with all this information will help convey to the offender the idea that
you are
interested in him. And from that, he may also come to believe that you're showing him
respect as an artist, an initial objective in establishing rapport.
✓ Building Rapport is the Key As with any interview, developing rapport is the key. An
investigator builds rapport by understanding the killer's world. Conveying respect for a
murderer means setting aside your personal feelings about the nature of the crimes
committed. You may have to sit there joking around with someone who preys on little
children or tortures his victims in unspeakable ways.
✓ But it's worth it if come you away from an interview with firsthand information about
the
killer's values, beliefs, and thinking patterns, not to mention an ad mission of
responsibility
for the crimes. And it moves things along more quickly. When the interviewer shows
respect for the killer, the subject spends less time evaluating the person who is trying to
crawl inside his mind.

Across the Table from Murderers

• The questions asked were centered on four phases of the murder: the pre-crime phase,
the actual crime, disposal of the body, and the post crime phase.
• In the pre-crime phase, it's helpful to reconstruct the scene prior to the murder. We asked
offenders to describe how their day went before they committed the crime and to describe
their thoughts and feelings before encountering the victim. This helps the interviewer
determine what moved the offender's murder from fantasy to action.
• In the actual crime phase, this phase begins with the conscious reality of the selection of
a victim. We asked offenders the reason why they chose their victims. The reason behind
the killing.
• In the disposal of the body phase, after a murder has been committed, a killer must decide
what to do with the body. So here we ask them where did they dispose the body if not yet
known or recovered.
• In the post crime phase, at this time, the murderer's fantasy has become a reality, and the
murderer finally feels a sense of purpose. The authorities have begun looking for the
murderer, so the murderer's energies are now focused on avoiding detection. Make sure
to be aware that at this phase the offender will try to elude by not answering your questions
truthfully. The key to making a suspect feel comfortable is to begin with not offensive, non-
threatening questions designed to elicit simple, comfortable responses. The more the
investigator can find in common with the suspect the better. Again, become a kindred spirit.

Robbery Case Interviews

At the scene of a robbery, attention will focus on the points of entry and exit. When
possible, to help determine what evidence may have been left behind by the suspect, ask the
victims a series of questions:
 • What has been moved, handled, or touched by the perpetrator(s)?
• Has the victim noticed anything unusual or out of the ordinary? (For example,
cigarette butts in a nonsmoker's home; gloves or masks not recognized may have been
left at the scene.)
• Did the victim pick things up, move items back or clean up?
• Have food/beverage items or containers been left behind by the perpetrator?

Mr. Juan, not further identified, has called the police station and stated that he has
information concerning an armed robbery of a convenience store. When he observed the
robbery in progress, he was parked across the street using his cell phone. It is possible that he
can provide a great deal of information or only a few details. Mr. Juan has agreed to come to
the police station and relate the information he knows about the incident.

• What position was your vehicle facing when the robbery occurred?
• How did the suspect car look?
• What color was the suspects' car?
• What model was the suspects' car?
• What year do you believe the suspects' car was made in?
• Was it a newer model vehicle?
• Was the suspect with any accomplices?
• Did the suspect have any identifying characteristics that you noticed such as tattoos or
piercings?
• What color, height, and age do you believe the suspect was?
• Would you be able to identify the suspect in a lineup if we requested your assistance?

NOTE: The most important thing to remember when conducting investigation interviews is that
your main objective is to simply find out the truth about what happened. There will be barriers,
detours and challenges along the way, but as long as you stay focused on that one goal, you’ll
stay on track.

CONDUCTING A SUCCESSFUL INTERVIEW

I. LEARNING OUTCOMES
At the end of this lecture, the students should be able to:
1. Know the application of the techniques for successful interviews.
2. Recognize the PEACE Model in conducting interviews.
 PEACE is an acronym,for:

P- Planning and Preparation

E-Eng1ag:e and 1Expla1iin

A-Account

C-Closure

E-Evaluate

PEACEstandsfor. • 0. 0

The PEACE mode IIof interv,iewing was developed in the U.K. in the early 90's after
several studies {and some failed court cases) found that Police genernlll,y were poor
interv,i:ewers and had no fonmal tra1iining. It is now a widely accepted method of interviewing
and used across the globe.

The PEACE model o·f interv,iewing is both easy to understand and apply and can assiist
an investigator pelimm more competently in the area of inteiviewing. However, 1iit is a model and
ca1n be adapted to an investigator's own sty:le.

STEP ONE: Planning and p111eparation 1iis one of he most iimportant steps in
investigative interviewing; without it, 1iinte;iviews may fa1il lbefore they even beg1iin.
Planning is a pmcess of getting ready to interview, lboth mentallly and strategically.
Preparation also covers what needs to be ready p:rior to the interview such as
the location of the interview, he environment, as well as technical!a1nd administrative
matters.

STEP TWO: Engage: Introduction and building rapport the first step to
encouraging a conversation is to engage the 1interviewee and establiish
rapport. To engage and explain is described as the most influential fact.or iin
ensuring productive 1iinterviews.

Example of a good start to a conv,ersation

Officer: "The way in which I have planned to conduct this interview is first to inform you about
your legaJ rights (and obligations, if applicable). Then, if you are willing to provide a sta.tement, J
will ask you .to teJI me your side of the story. I wiJI listen and no.t interrupt. We have plenty of
time, we are in no rush. Next, when you feel that you have included all the necessary details -
details that you think are essential, I will follow up with questions that I think are of importance.
Please feel free to ask me- at any stage - about any concern or question you may have.·

STEP THREE: First free Account having established rapport and explained the
ground rules for the interview, interviewers should now allow the interviewee to
'fl present their uninterrupted (free) account of the case (or event) under
@ O investigation. It is essential that the interviewee is provided with the opportunity to
present "their side of the story", before more detailed questions are asked.

Particularly helpful at this stage is the Tell, Explain, Describe, Show Me - Precisely, In
detail, Exactly: approach to interviews. A useful memory aid for this approach is the
mnemonic "TED'S PIE":

"Listening skills are probably the most underrated and important

skills a good interviewer can have".
- Professor Ray Bull, Keynote address at the International Congress of Psychology,
Yokohama, Japan, July, 2016.

Example of a good way to introduce the first free account:

Officer: "So, if you have no further questions for me on the inteNiewing process, I would like to
hear your response to the charges against you. I can see from the file that you told the
arresting officer that you acted in self-defense. Now, I would like to hear your detailed account
of what happened. It is important that you include all details. Do not leave anything out. What
may not seem important to you may be important for the investigation. Take the time you need.
I will not interrupt. When you are ready, please describe exactly and in detail what happened
last night. Tell me everything"

/c5"\ STEP FOUR: Clarification and disclosure having actively listened to the first,
LU free account, it is time for the interviewer to expand and clarify all of the relevant

% matters in the case; one issue at a time. The interviewer should introduce the
relevant topics with TED'S PIE type questions, and when more details are needed
about a certain topic, interviewers should encourage the interviewee to provide more
information through open-ended, probing questions - What?, Why?, When?,
How?, Where?, Who?. Interviewers may vary their approach depending on the topic that needs
to be explored.
 Robbery Hold-up Scenario

Principle: The manner in which the preliminary investigating officer obtains information from a
witness impacts the amount and accuracy of that information.

Instructions: The purpose of this scenario is to let you select one of two lines of inquiry in
interviewing a witness. You can conduct the interview in several ways. From the following
scenarios you must select what you believe to be the correct questions you should ask, which
will elicit a response from the witness

Scenario: You are an investigator who arrived at 7/11 Manila Branch reported to have a
robbery hold-up incident. There are two male individuals at the store, one who identifies
himself as the owner and the other as the customer.

1. Will you interview the two witnesses together or separately? Select a response.
a. I will interview the two together in order to get a complete description.
b. I will interview them separately, beginning with the owner and then customer.
Scenario: You are still at 7/11 Store Manila. After introducing yourself as the Investigator to the
owner.

2. You must select what you believe to be the correct questions you should ask.
a. Where would you like to be interviewed? We can conduct it here or at our office.
b. Let’s start the interview here time is crucial.

Scenario: The witness (owner) chose to be interviewed at the back office of their store.

3. You must select what you believe to be the correct questions you should ask.
a. Please sit down. My name is Corporal Dalisay. I am recording this interview using my
mobile phone and would appreciate your assistance. Can you tell me your name and
what happened?
b. My name is Corporal Dalisay. I am recording this interview. You are not a
suspect and I must advise you of your rights. You have the right to remain silent.
You have the right to have a lawyer present. Anything you say may be used later in
court. Do you understand?

Scenario: Keeping in mind that you are still at the back office interviewing the owner.

4. From the following scenarios you must select what you believe to be the correct
questions you should ask, which will elicit a response from the witness.
a. What is the reason you are the one manning your store again at that time?
b. Can you give me a better description of the robber?

Scenario: Keeping in mind that you are still at the back office interviewing the owner.

5. From the following scenarios you must select what you believe to be the correct
questions you should ask, which will elicit a response from the witness.
a. You said he had a gun. Do you know what kind it was?
b. What happened next?

Scenario: Keeping in mind that you are still at the back office interviewing the owner.

6. You must select what you believe to be the correct questions you should ask, which
will elicit a response from the witness.
a. Will you excuse me a minute. I need to call this in. Can I get you a Coke or something?
b. You’re being very helpful, and I appreciate the time you’re taking is there anything
else you would like to add to your statement? Robberies are difficult to solve without
a lot of information, and you have really been helpful. Can I get your address and
telephone number for my report, and contact you if we come up with anything. And
I’ll give you my info also. Can I get you something to drink? A Coke? There’s a cooler
in the front.
 LEGAL DIFFERENCE OF INTERVIEW AND INTERROGATION (PART 2)

I. LEARNING OUTCOMES
At the end of this lecture, the students should be able to:
1. Define and analyze the terms used in Interrogation.
2. Differentiate Confession from Admission.
3. Analyze the Impact of the Miranda Doctrine in Criminal Investigation.
4. Discuss RA’s 7438, 9745 and the Constitutional Right of the Person under
Custodial Investigation (Article III, Section 12 of the 1987 Philippine Constitution.)

II. CONTENT
In any criminal investigation process, interrogation is when a representative from
the agency collects information about a crime by questioning suspects victims, or
witnesses. The Ultimate goal in interrogation is to solve the crime. It can last for several
minutes or hours. An important factor in interrogation is that the law enforcement
officers can continue questioning until the subject asks for a counsel which the right
that falls under Miranda Rights.

INTERROGATION - is one of the most difficult but most interesting phases of criminal
investigation and detection. It is the confrontational battle of wits between the investigator and
the suspect. It is a mental combat where the weapon is intelligence and the use of the art.
Victory depends upon proper and effective use of the art. It is the skillful questioning of a
hostile person suspected of having committed an offense or of a person who is reluctant
to make a full disclosure of information in his possession which is pertinent to the
investigation.

CUSTODIAL INTERROGATION – it denotes the investigation conducted by the investigator on

the suspect who is under his custody.

Guidelines in the Conduct of Interrogation

GOLDEN RULE OF INTERROGATION
- “Make him admit something, no matter how small or trivial. Usually, the first admission
will lead to another. In securing the first admission is the biggest stumbling block in dealing
with tough suspects.”
A Philosophy of Interrogation:
The RIGHT officer
Asking the RIGHT questions
In the RIGHT manner
At the RIGHT time and in the RIGHT place
Will get the RIGHT answers

Purposes of Interrogation:
a. On the part of the suspect, it is to extract confession or admission.
b. On the part of the uncooperative or unwilling witness, it is to extract the information he
possesses.
There are four commonly recognized objectives to the interrogation process:
1. To obtain valuable facts.
2. To eliminate the innocent.
3. To identify the guilty.
4. To obtain a confession

Rights of the Accused During Custodial Investigation

a. Right to remain silent.
b. Right to counsel of his own choice and if he has none, the government must provide one for
him.
c. Right to be informed of the nature of the charges against him and whatever he says
maybe used for or against him.

These rights could be validly waived in writing and with the assistance of Counsel in
order that the ensuing confession be admissible in evidence. The confession must also be in
writing, signed and sworn to by the accused.

PHASES OF INTERROGATION
a. Planning and preparation - this refers to the interrogator keep himself aware on the
situation and he must observe and analyze the interrogee without his knowledge.
b. Approach - in this step, the interrogator should keep in mind to gain rapport with the subject.
c. Questioning - this is considered the heart of interrogation. Were all techniques could apply to
obtain information from the subject.
d. Termination-this refers to the ending of the interrogation process, and it should end in a
friendly
manner.
e. Recording - this refers to place in document the result of the interrogation, in this process it
is advisable to tape record all conversation.
f. Reporting - this is the end product of the interrogation

THE TECHNIQUES AND APPROACH OF INTERROGATION:

Effective interrogators, like interviewers, must be skilled in psychology, persuasiveness,
and acting. Good interrogators must also be good seducers; they must be able to make others
do what they want them to do.

Approaches and questions differ with the type of suspect being questioned.
a) Emotional Approach – this is a technique where the investigator, combining his skills in of an
actor and a psychologist, addresses the suspect with an emotional appeal to confess. This is
applicable to first time offenders or those who are of the emotional type of characteristics
displayed by nervousness or emotional disturbances. Devotees of a religious group may belong
to this type.

b. Sympathetic Approach – the investigator, in his preliminary or probing questions must dig
deep into the past troubles, plight and unfortunate events in the life of the suspect. An offer of
help, kindness, friendliness, may win his cooperation.

c) Kindness/Friendliness – the simplest technique is to assure that the suspect will confess if
he is treated in a kind and friendly manner. A friendly approach coupled with posture of
sincerity may induce the suspect to confess.

d) Extenuation – the investigator indicates he does not consider his subject’s indiscretion a
grave offense.

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 criminal by nature and choice.

f) The Mutt and Jeff or Sweet and Sour Method – the first set of investigators must appear to
be rough, mean and dangerous. When they had finished the interrogation, the second
investigator intervenes by stopping the first set of investigators. By being sympathetic and
understanding, he begins his interrogation. If the suspect still refuses to cooperate, then the
process is repeated until there is confession.

g) Tricks and Bluffs:

(1) The Pretense of Solid Evidence against the Accused – the investigator bluffs the
suspects that even if he will not confess, there is enough evidence to send him to jail. If
he will confess, the investigator will see to it that his prison term will be within the range of
probation.
(2) The Weakest Link/Playing one person against the other – among the suspects,
there must be a careful selection as to who among them is the weakest link where the
interrogation will begin. By tricks and bluffs, this weakest link will be told that his
companions had already confessed. That this weakest link had dealt the fatal blow or that
he received the lion share of the loot in order to intrigued him.
(3) Drama – the weakest link used to fake pain and the agony by ordering him to shout,
accompanied by banging a chair on the wall to make it appear that a commotion is going
on. The other suspect in separate rooms must hear the DRAMA before telling them that
their partner had confessed.
(4) Feigning Contact with Family Members – the suspect could be tricked that the
investigator had gone to the residence and the family members had supplied facts against
the suspect. The suspect’s family will be dragged in to the investigation if the suspect will
not confess.
(5) More Tricks and Bluffs – depending upon the imagination of the investigator in each
particular situation.
(6) The Line-up – the complainant, witness or victim is requested to point positively the
suspect who is among persons in the police line-up. The witnesses, victims or complainant
are previously coached about the identity of the suspect.
(7) Reverse Line-up – the suspect is placed among other persons in a line up and he is
identified by several complainant and witnesses who will associate the suspect in other
several crimes. This will cause the suspect to become desperate and confess only to the
case under investigation, to avoid from being charged on false accusations.

h) Stern Approach – the investigator displays a stern personality towards the suspect by using
the following method:
(1) Pretense of Physical Evidence – it is the pretense of laboratory or scientific findings
pointing to the suspect.
(2) Jolting – in the questioning process, the investigator selects the right moment to shout
a pertinent question in an apparent righteous outrage. The suspect’s nerves will break to
a confession.
(3) Indifference – the presence of the suspect, the investigator will discuss and debate
about the string evidence of the case that will result to conviction of maximum penalty. Their
aim is to induce the suspect to confess by conditioning his mind that he is finally cornered with
no other recourse but to confess.
(4) Feigning Protection and Consideration – the investigator asks series of questions
appearing to be formalities with the impression that he knows the answers. That these
questions are asked as matters of considerations of the rights, protection and advantage
of the suspect.
(5) Opportunity to Lie - the suspect is given all the opportunities to lie. The suspect is
questioned about his personal life and family and friends and his knowledge about the
commission of the crime. This is repeated many times.

i) Removing the Ethnic or Cultural Barrier – If the suspect is an Ilocano, he should be

interrogated by an Ilocano investigator and the same with other ethnic or cultural groups.
j) Searching for the Soft Spot – in every man’s heart, there is always that softest spot. That spot
maybe the youngest child, the wife, the mother, the brother who acted as his father, the
grandparents or the best friend. Once discovered, there must be a face-to-face meeting with
that person and that heart of steel will melt to pieces.

ADDITIONAL MODERN TECHNIQUES:

(a) Rationalization – it is the use of reasons, which is acceptable to the subject that led to the
commission of the crime.
(b) Projection – it is the process of putting the blame to another person, not alone to the
suspect.
(c) Minimization – it is the act of minimizing the culpability of the suspect. The investigator
convinces the suspect that a confession will reduce the offense and the penalty.

The Importance of Listening

• Regardless of the amount of their preparation and experience investigators or
interrogators can conduct a fully successful interview only if they are good listeners.
• Listening is as valuable in interview and interrogation as is questioning.
• To be effective, one must be an active listener too. It has been estimated that 65 percent
of communication is nonverbal.
PHYSICAL SIGNS OF DECEPTIONS:
(a) Sweating
(b) Color Change
(c) Dry Mouth
(d) Breathing
(e) Pulse
(f) Avoidance of Direct Eye Contact

DOCUMENTING THE INTERROGATION

Documenting an interrogation consists of three main phases:
• Note taking
• Recording, and
• Obtaining Written Statements

AII three of these phases are geared to accomplishing two basic functions.
1. To retain information for the benefit of the interrogator and the continued
investigation.
2. To secure a written statement or confession from the accused for later use as
evidence in
court.

The three most widely accepted methods of keeping notes during an interrogation are:
• Mental Notes
• Written notes and
• Notes taken by a third party.

Police use of audio-video technology to document interrogations became widespread in

the 1990s.

PROHIBITED METHODS OF INTERROGATION

I. LEARNING OUTCOMES
At the end of this lecture, the students should be able to:
1. Identify the prohibited methods of Interrogation and its legal Implications.
2. Interpret the RA 9745 otherwise known as “Anti-torture Law of 2009”.

II. CONTENT
An interrogation is the process by which suspects are questioned with regard to
their involvement in the activity which gave rise to the investigation.

✓ The interrogation will involve the interviewer, accusing the suspect. Once the tone of the
conversation has moved to accusatory, it is virtually impossible to stop and go back to
interviewing. In the interrogation the investigator will do most of the talking and the
questions asked of the suspect will be more direct and less open ended.
1. Is torture prohibited?
2. Is confession obtained through torture admissible in evidence?

Torture is painful, it leaves a scar on the body and mind. Maybe someone you know,
or a relative is suffering from it. This must be stopped. On November 10, 2009, our Congress
(Government) passed the anti-torture law as a result of the efforts of organizations and
individuals who want to stop torture in our country.

LEGAL REQUIREMENTS OF INTERROGATION

The statement of the subject must be obtained voluntarily and trustworthy and not by
means or use of threat, fear, coercion, duress or any improper tactics which will vitiate the free
will of the subject.

Section 12 (2), Article Il of the 1987 Phil. Constitution:

“There should be no torture, force, violence, threat, intimidation, or any other means
which vitiate the free will. Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited.”

TORTURE - refers to an act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him/her or a third
person information or a confession. It does not include pain or suffering arising only from,
inherent in or incidental to lawful sanctions.

How TORTURE is committed:

- by punishing him/her for an act he/she or a third person has committed or is suspected of
having committed; or intimidating or coercing him/her or a third person; or for any reason
based on discrimination of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a person in authority or agent of a person
in authority

FORMS OF TORTURE: RA 9745 Section 6

1. Physical torture - (a) Physical torture is a form of treatment or punishment inflicted by a
person in authority or agent of a person in authority upon another in his/her custody that
causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such
as:
o Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle
butt or
other similar objects, and jumping on the stomach;
o Food deprivation or forcible feeding with spoiled food, animal or human excreta and
other
stuff or substances not normally eaten;
o Electric shock;
o Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of
pepper
or other chemical substances on mucous membranes, or acids or spices directly on the
wound(s);
 o The submersion of the head in water or water polluted with excrement, urine, vomit
and/or
blood until the brink of suffocation;
o Being tied or forced to assume fixed and stressful bodily position;
o Rape and sexual abuse, including the insertion of foreign objects into the sex organ or
rectum, or electrical torture of the genitals;
o Mutilation or amputation of the essential parts of the body such as the genitalia, ear,
tongue,
etc.;
o Dental torture or the forced extraction of the teeth;
o Pulling out of fingernails;
o Harmful exposure to the elements such as sunlight and extreme cold;
o The use of plastic bag and other materials placed over the head to the point of
asphyxiation;
o The use of psychoactive drugs to change the perception, memory, alertness or will of a
person, such as:
• The administration of drugs to induce confession and/or reduce mental
competency;
• The use of drugs to induce extreme pain or certain symptoms of a disease; and
o Other analogous acts of physical torture.

2. Mental/Psychological Torture -refers to acts committed by a person in authority or agent of

a person in authority which are calculated to affect or confuse the mind and/or
undermine a person's dignity and morale, such as:
o Blindfolding;
o Threatening a person(s) or his/her relative(s) with bodily harm, execution or the
wrongful acts;
o Confinement in solitary cells or secret detention places;
o Prolonged interrogation;
o Preparing a prisoner for a "show trial", public display or public humiliation of a
detainee or prisoner;
o Causing unscheduled transfer of a person deprived of liberty from one place to
another, creating the belief that he/she shall be summarily executed;
o Maltreating a member/s of a person's family;
o Causing the torture sessions to be witnessed by the person's family, relatives or any
third party;
o Denial of sleep/rest;
o Shame infliction such as stripping the person naked, parading him/her in public places,
shaving the victim's head or putting marks on his/her body against his/her will;
o Deliberately prohibiting the victim to communicate with any member of his/her
family; and
o Other analogous acts of mental/psychological torture
 PROHIBITED METHODS OF INTERROGATION:

These are some of the prohibited methods of interrogation:

1. Stress Positions - the suspect is forced to maintain painful physical positions, such as
forced standing, and awkward sitting or suspension of the body from a chain or other
implement, for prolonged periods of time.

2. Beating - the suspect is subjected to forceful physical contact, either directly or through
an instrument.

3. Temperature Manipulation - the subject is exposed for prolonged periods to extreme

heat or to extreme cold.

4. Waterboarding (mock drowning) - the subject is strapped down and immobilized

and water is poured over the face to create the sensation of asphyxiation or drowning.

5. Threats of Harm to Person, Family or Friends - the subject is threatened with harm
against himself or against family or friends if he fails to cooperate with interrogators.

6. Sleep Deprivation - the prisoner is deprived of normal sleep for extended periods through
the use of stress positions, sensory overload, or other techniques of interrupting normal
sleep.

7. Sensory Bombardment: Noise and Light - the prisoner is exposed to bright lights,
flashing strobe lights and/or loud music for extended periods of time.

8. Violent Shaking - the interrogator forcefully shakes the subject. "Shaking" is a term of art
for an established, violent interrogation method.

9. Sexual Humiliation - the subject is subjected to sexually humiliating behavior or forced

to perform sexually humiliating acts, often in an attempt to exploit cultural and religious
stereotypes regarding sexual behavior and induce feelings of shame, guilt and
worthlessness.

10. Prolonged Isolation - the subject is denied contact with other human beings, including
through segregation from other prisoners, for prolonged periods of time.

11. Sensory Deprivation - the person is subjected to reduction or removal of stimuli from one
or more of the senses for prolonged periods.

• RA 9745 An act penalizing torture and other cruel, inhuman and degrading treatment or
punishment and prescribing penalties therefor otherwise known as the “Anti-Torture
Act of 2009”.
RA 9745 Section 5
• Right to own choice - refers to the right of all persons in custody to be informed in oral
or written form, in a language or dialect understood by the alleged torture victim or the
person concerned, of their right to demand a physical examination by a physician of his/her
own choice.

• Independent and competent doctor - refers to any physician freely chosen by the victim
or his /her duly authorized representative/s to conduct physical examination and treatment
of tortured victims. Physicians who belong to agencies that are involved in the arrest and
detention of the victim shall not be included, unless the victim specifically allowed such
examination and when circumstances require.

• Right to Physical Examination - refers to the right of every person arrested, detained or
under custodial investigation or to prompt and thorough examination for the purpose of
determining whether or not torture has been inflicted. This also refers to access without
any delay to such an examination which should be made before and after any acts of
interrogation and immediately before and after any transfer of the person between
detention institutions.