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CDI 1 Reference 2

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3 I’s (Tools) of Criminal Investigation

1. Information
2. Interview/Interrogation
3. Instrumentation
1. INFORMATION - It is the knowledge or facts which the investigator had
gathered or acquired from persons or documents, which are pertinent or relevant
concerning the commission of the crime or criminal activities.

INFORMATION CLASSIFIED AS TO ITS SOURCES:


1. Regular Sources - Records, files from the government or non-government
agencies, news items. The bulk of application of this nature is news items.
Included also is news or TV broadcast, intercepted radio, telephone
messages and stored computer area.
2. Cultivated Sources - Information furnished by informants or informers.
3. Grapevines sources - When the information is disclosed by the
underworld characters such as criminals, prisoners or ex-convicts.
INFORMER DISTINGUISHED FROM INFORMANT
• Informer is one who furnished information to the investigator mainly for
purposes of reward or remuneration while Informant provides information to
the prober voluntarily without any without any expectation of payment, reward
or consideration. Moreover, an informer is regularly paid while informant is not

FORMS OF INFORMATION
1. Sensory form – This is the form of information wherein information was
acquired through the five senses: eyes, ears, nose, tongue and hands can
perceive the manifestation of criminal event.
2. Physical form – The form of information that can give information to the
person because of its physical appearance. The information may actually
be in physical (real) form, physical objects w/c proves upon evaluation to
be a clue in investigation.
Interview –Is a conversation with a purpose by a desire to obtain certain
information from the person being interviewed as to what was done, seen, felt,
heard, tasted, smell or tested.
-is the simple questioning of a person who cooperates with the investigator.
-This is the questioning of a person believed to possess knowledge that is in
official interest to the investigator.
The I.R.O.N.I.C. Format of Interview:
• Identity – prior to the commencement of an interview, the investigator should
identify himself to the subject by name, rank and agency. Except when there is
no need to know the officer’s identity.
• Rapport – it is good to get the positive feeling of the subject towards the
investigators, such friendly atmosphere is a vital for both the subject and the
investigator to have a better interaction.
• Opening Statement – the investigator must have to indicate why the subject
is being contacted.
• Narration –the witness should be allowed to tell all he knows with little
interruptions from the investigator.
• Inquiry – after all information have been given by the subject, that is the time
for the investigator to ask question to clarify him about the case under
investigation.
• Conclusions- after the interview, it is but proper to close the interview with
outmost courtesy and thanking the subject for his cooperation.
The Golden Rule in Interview
“Never conduct or let anyone conduct an interview if the interviewer has not gone
to the crime scene.”
Qualities of a Good Interviewer
1.Rapport –Good relationship between the interviewer and the interviewee. The
investigator must endeavor to win the confidence of the subject wherever this is
possible.
2. Forceful Personality – The appearance of the interviewer and other qualities
such as skills of communication techniques or the force of his language are the
mainstays of the strength of his character.
3. Knowledge Of Human Behavior – This will help 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.
4. Conversational Tone Of Voice – His tone of voice must be conversational,
not confrontational as in interrogation.
5. ACTING QUALITIES – He must possess the qualities of an actor, salesman
and psychologist and know how to use the power of persuasion.
6. HUMILITY – He must be courteous, sympathetic and humble, ready to ask
apologies for the inconvenience of the interview.
REASONS WHY WITNESSES REFUSE TO TALK OR TESTIFY
1. Fear Of Reprisal – witnesses who lack the courage to face the suspect, his
associates or relatives always entertain the fear of reprisal.
2. Great Inconvenience– On the part of those of hands-to-mouth existence
there is this real inconvenience, which will deprive them the time to earn
for their living especially during the ordeal of testifying during the trial.
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 discomfort to their ordinary or obscure way of
living.
6. Family Restriction – Some famous and respected families preserve their
reputations by instilling to their members the need of the approval of their
elders on matters affecting their families.
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.
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
techniques.
3. Warming Up – This is 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- is a form or technique in the conduct of interview
upon willing and cooperative witnesses, where they are given the full
opportunity to narrate their accounts without intervention, interruption
and interference from the interviewer. After the subject has finished his
narration, the investigator now subjects him to the style of direct
examination and cross-examination, to clarify the unexplained portions to
arrived at a vivid and complete picture of the testimony.
RULES IN QUESTIONING A PERSON INVOLVED IN A CRIME
1. ASK QUESTION AT A TIME – Multiple, complex and legalistic questions
should be avoided. 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 questions should be avoided. The answers
must be oral, clear, explicit and responsive to the questions.
3. QUESTIONS SHOULD BE CLEARLY STATED – A short simple question
at a time is required. If the answer needs qualification, then, it should be
allowed. Avoid legalistic questions such as: who is the murderer; or who
are in conspiracy with the subject.
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 the subject “to save his face”.
The investigator should not fault or ridicule the subject on these matters.
5. YES AND NO ANSWERS ARE NOT ALLOWED – Do not ask questions
which could be answered by mere yes or no because 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 type of witnesses. They are
found among the uneducated and of low level of intelligence.
2. Disinterested Type – This is the uncooperative and indifferent subject. To
deal with them is to find out their field of interest so that they will talk.
3. The Drunken Type –the type of questioning by the investigator should be
adapted to the psychology of the subject. When the drunken subject has sobered,
another interview will be conducted, confronting about his disclosures while in
the state of drunkenness. The written statement must be taken during his
sobriety.
4. Talkative Type – These are witnesses who are prone to exaggerate, adding
irrelevant or new matters to their narration.
5. Honest Witnesses – These are the truthful and cooperative witnesses where
the investigator could rely upon, with little or no problem in handling them.
6. Deceitful Witness – This is a liar type of witness. Let him lie and order him
to repeat several times their narration. He will be enmeshed in contradictions. If
possible, the lies must be tape recorded for the confrontation about his
contradiction. Pressure him for possible cases of perjury or obstruction of justice
and he will tell the truth.
7. Timid Witnesses – They are the shy witnesses. The approach must be
friendly and reassuring confidentiality of their information.
8. Witnesses who refuse to answer– These are the most difficult subjects to
deal with. Find out the reasons of their personality.

Interrogation is the vigorous and confrontational questioning of a reluctant


suspect about his participation in a crime. This process is also applied to an
uncooperative or recalcitrant witness.
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.
Remember RA 7438- An Act Defining Certain Rights Of Person Arrested,
Detained Or Under Custodial Investigation As Well As The Duties Of The
Arresting, Detaining And Investigating Officers, And Providing Penalties For
Violations Thereof
THE TECHNIQUES OF INTERROGATION
1. Emotional Appeal – Place the subject in the proper frame of mind. The
investigator should provide emotional stimuli that will prompt the subject
to unburden himself by confiding. Analyze the subject’s personality and
decide what motivation would prompt him to tell the truth, then provide
those methods through appropriate emotional appeals.
2. Sympathetic Approach –the suspect may fell the need for sympathy or
friendship. The suspect may feel the need for sympathy or friendship. He
is apparently in trouble .Gestures of friendship may win his cooperation.
3. Friendliness – A friendly approach coupled with a posture of sincerity may
induce the suspect to confess.
-the simplest technique is to assume that the suspect will confess if he is treated
in a kind and friendly manner.
4. Tricks And Bluff Techniques:
• The Pretense Of Solid Evidence Against The Accused – The
Investigator bluffs the suspect that even if he will not confess, there
is enough evidence to send him to jail.
• The Weakest Link – Among the suspects, there must be a careful
selection of who among them is the weakest link where the
interrogation will begin.
• Drama – The weakest link maybe used to fake pain and agony by
ordering him to shout, accompanied by banging a chair on the wall
to make it appear that a commotion is going on.
• 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 Line Up – The complainant, witness or victim is requested to
point positively the suspect who is among persons in the police line-
up.
• Reverse Line Up – The suspect is placed among other persons in a
line up and he is identified by several complainants and witnesses
who will associate the suspect in other several crimes.
5.Stern Approach – The investigator displays a stern (demands immediate
response) personality towards the suspect by using the following methods:
a. Jolting –maybe applied to calm and nervous subjects. Is the questioning
technique where the investigator selects the right moment to shout to the subject
with a pertinent question in an apparent righteous outrage.
b. Opportunity to Lie – The suspect is given all the opportunities to lie.
6. 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.
Two agents are employed
Mutt , the relentless investigator , who is not going to waste any time because
he knows the subject is guilty
Jeff, on the other hand, is obviously a kind-hearted man
7. Removing the Ethnic or Cultural Barrier – If the suspect is an Ifugao, an
Ifugao investigator and the same should interrogate him, the same with other
ethnic or cultural groups
8. Searching for the Soft Spot – In every man’s heart, there is always that
softest spot. That spots maybe the youngest child, the wife, the mother, and the
brother who acted as his father, the grandparents or the best friend.
9. Bluff on a split Pair- this is applicable when there are more than one suspect.
The suspect are separated and one is informed that other has talked.
ADDITIONAL MODERN TECHNIQUES OF INTERROGATION
Actually, these modern techniques are called from the techniques afore-
cited. What is new about them are their names and designations.
1. Rationalization – It is the use of reasons, which is acceptable to the
subject that led to the commission of the crime.
2. Projection – It is the process of putting the blame to other persons, not
alone to the suspect.
3. Minimization – It is the act of minimizing the culpability of the suspect.
PHYSICAL SIGNS OF DECEPTIONS
The physical signs of telling a lie are not absolutely bases in saying that a person
is not telling the truth when observed from him/her. Nevertheless, the following
shall serve as additional situations the investigator must have to observe:
1. Excessive Sweating – Profuse sweating indicates tension, anxiety, shock
or fear. Extreme nervousness is also the cause of sweating.
2. Face Color Change – Anger is indicated if the face is blushed
3. Dry Mouth – This is a sign of great tension and is a reliable symptom of
deception.
4. Excessive Breathing – An effort to control breathing during the critical
questioning is an indication of deception. Gasping of breath is the ultimate
result of the control in breathing.
5. Increase of Pulse Beat– When observed at the sides of the neck, the
investigator will discover the increase in pulse beat which is indicative of
deception.
6. Avoidance of Direct Eye Contact – This may indicate guilt or deception.
Misty or teary eyes indicate remorse or repentance.
A philosophy of Interview and 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

INSTRUMENTATION - scientific examination of real evidence, application of


instruments and methods of physical sciences in detecting crime. It is the sum
total of the application of all sciences in investigation known as “Criminalistics”.
-it is the application of instruments and methods of physical science to the
detection of crimes. In cases where there is no significant physical evidence to
be found, then the use of instrumentation is relatively unimportant.
1. Polygraphy Or Lie Detection Test
2. Police Photography
3. Forensic Chemistry
4. Dactyloscopy Or Personal Identification
5. Questioned Documents Examination
6. Forensic Odontology
7. Forensic Psychology
8. Technology
DNA (DEOXYRIBONUCLEIC ACID) = DNA Fingerprinting is considered to be the
ultimate identification test in the conduct of criminal investigation. It provides
100 percent positive identification of a suspect whose blood, semen and/or other
DNA-bearing body tissues of fluids were found at the crime scene or with the
victim. The discovery in genetics is that no two persons have the same DNA
profile, except the identical twins.
• Samples where DNA can be read:
• Bloodstains
• Hair roots
• Semen
• Vaginal fluid
The 3 general groups of criminal identification methodologies:
1. Criminalistics methods- scientific methods
2. Methods using Eyewitnesses and Victims
3. Methods using known criminals
Criminalistics or Scientific Methods:
Fingerprinting (Dactyloscopy)
DNA Analysis- Genetic Fingerprinting
Blood Typing
Voice-print Analysis- Voice printing
Gait Analysis- Gait Angulations’ (gait simply refers to the manner of walking
or stepping. It may also refer to the carriage of the body in walking.)
Graphology – the scientific study analysis of handwriting, especially with reference
to forgeries and questioned documents.
Cryptography It is the art and process of writing and sending messages in the forms
of ciphers or codes. The use of simple ciphers and codes is to protect the security of
the messages is increasingly in the underworld.

Odontology –the study of the structure, health and growth of teeth.


Autopsy – the post-mortem examination of human body, especially to determine the
cause of death for medical and legal purposes.

Polygraphy and other methods of lie-detection

HAIR EXAMINATION = The roots of the hair when examined under this new technology will
determine the presence of drugs taken by the person two years prior to the said examination.
AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM = A questioned fingerprint is feed into the
AFIS machine which will automatically search the files of fingerprints and renders report in
matters of seconds.
GLOBAL POSITIONING SYSTEM (GPS) = This is for the effective identification on the location of
criminals and objects thru modern and special gadgets. It points out the exact location of the
subject or the person who committed the crime.
CONFESSION DISTINGUISHED FROM ADMISSION
Confession is the declaration of the accused acknowledging his guilt arising from
the commission of a crime. While admission is an acknowledgment of a fact or
circumstance without accepting guilt.
KINDS OF CONFESSION
1. Extra Judicial Confession – Those made by the suspect during custodial
investigation. Simply explained are that those confessions are made outside of
the Court.
Kinds of Extra-Judicial Confession:
1. Voluntary Extra-judicial Confession- The confession is voluntary when
the accused speaks of his free will and accord, without inducement of any
kind, with a full and complete knowledge of the nature and the
consequence of the confession.
2. Involuntary Extra-judicial Confession- Confessions obtained through
force, threat, intimidation, duress or anything influencing the voluntary
act of the confessor.
2.Judicial Confession – Those made by the accused in open Court. The plea of
guilt maybe during arraignment or any stage of the proceedings where the
accused changes his plea of not guilty to guilty.
Custodial investigation any questioning initiated by law enforcement officers
after the person has been taken into custody or otherwise deprived of his freedom
of action in any significant way.
The questioning of the suspect or person believed to have been committed a
crime after he was taken into custody.
MIRANDA RIGHTS originated from the American jurisprudence (Miranda vs.
Arizona).
THE RIGHTS OF THE ACCUSED DURING CUSTODIAL INVESTIGATION
1. Right to remain silent.
2. Right to counsel of his own choice and if he has none, the government
must provide one for him;
3. Right to be informed of the nature of the charges against him and whatever
he says may be 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.
Methods of Identification by Witnesses
1. Portrait Parle (Verbal Description)
• The success of this method depends on the ability of a witness to describe
the person he saw committing the crime. The witness provides a vivid
description (strong and clear mental picture) or pictorial physical
appearance of the criminal. He may do it by direct description or by
comparison.
2. Rogues Gallery(use of photographic files/mug files)
This method is successful if there is an existing photograph of the perpetrator in
the files/gallery of the police or law enforcement agencies. The witness is invited
to the police station and then requested to examine the photographic files of
known criminals. If the situation requires, the modus operandi file maybe shown
also to the eye witness if he/she has knowledge on how the crime was committed.
The witness is instructed to immediately call the attention of the investigator if
he finds any strong similarity or any resemblance of the smallest feature of the
face.

3. General Photograph Method


• In this method, the investigator shows variety of facial types that may not
necessarily/directly represent the face of the criminal. The photograph is
shown to the witness only represent different features of the face. The
image in the picture maybe similar and thus includes the various features
such as:
1. Degree of baldness
2. Length and shape of nose
3. Size of the ears
4. Formation of the chin, jaw and cheekbones etc………
4. Cartography (Artist’s Assistance)
• The witness and the investigator develop a picture of a criminal with the
help of skilled cartographer. Based on the description provided by the
witness, the artist draws a composite face that approximates the criminal’s
face appearance.

What are the procedures of identification by eyewitness?

a. Physical line-up - is a means of selecting a suspect from a group of innocent


persons usually composed of seven to ten persons. The purpose of line-up is to
eliminate the power of suggestion.

b. Physical show-up - only one person is shown to the witness usually at the
scene of the crime and made immediately after the arrest of the suspect.

Nature and Role of Physical Evidence

• Physical evidence consists of tangible objects, such as biological


material, fibers and latent fingerprints. It can connect a victim or suspect
to a crime scene. Many physical evidences of biological type contain DNA
and these are not always visible to the naked eye.
• Evidence may aid an investigator in re-creating the crime scene and
establishing the sequence of events. Physical evidence can corroborate
statements from the victim, witness and suspect. Physical evidence is
objective and, when documented, collected and preserved properly, may
be the only way to reliably place or link someone to a crime scene. Physical
evidence is often referred to as the "silent witness.
Physical evidence refers to a wide range of physical objects, a lot of these
are minute in size. Examples of physical evidence include:
● hairs, fibers, glass, paint, and other trace evidence
● firearms and fired ammunition
● fingerprints
● toolmarks, tire tracks, and footwear impressions

Evidence Found at Crime Scenes


• The concept known as “Locard's Exchange Principle" states that every time
someone enters an environment, something is added to and removed from
the scene. The principle is sometimes stated as “every contact leaves a
trace," and applies to contact between individuals as well as between
individuals and a physical environment. Law enforcement investigators
should always assume that physical evidence is left behind at every scene.
• The amount and nature of the physical evidence deposited will be largely
dependent on the circumstances of the crime and may include:
● Trace evidence (e.g. fibers, hair, glass, paint chips)
● Biological evidence ((e.g. blood, saliva, semen)
● Comparative evidence (e.g. latent fingerprints, tool marks)
3 MAIN SOURCES OF PHYSICAL EVIDENCE

⮚ the crime scene


⮚ the victim
⮚ the suspect and his/her environment
3 CATEGORIES/ KINDS OF PHYSICAL EVIDENCE

1.CORPUS DELICTI – is the body of the body of specific loss or injury sustained
. It constitutes the essential parts or elements in the commission.

- objects/substances that are essential parts of the body of crime


2. Associative evidence – evidence which links the suspect to the crime scene
or offense. The perpetrator may leave some clues at the scene of the crime such
as fingerprints, shoe prints, garments, tools, fibers, foot impression, broken glass
from a car involved in a hit and run incident.
3. Tracing evidence – Physical evidence which may may help or assist the
investigating officer in locating the suspect such as ID and other personal
documents (birth certificate, diary) that may identify the person concerned. Ex.
stolen goods, hair, fingerprint, parking tickets, plane ticket
KINDS OF PHYSICAL EVIDENCE
1. Testimonial Evidence – most common form of evidence obtained by interview
and interrogation of which witnesses smell, hear, taste and touch are being
described through oral and written testimony.
2. Documentary Evidence – are writings, including official records, or contents
“could speak for themselves” when read by the investigation and the court. They
may be collected through voluntary relinquishment or by a Subpoena Duces
Tecum (court order) which compels the party to bring the records to the court.
3. Physical/ Real/ Object Evidence – are physical objects used as evidence
w/c are obtained through searches at the scene of the crime. Articles and
material found in connection with investigation, which aid in establishing the
identity of the perpetrator.

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