CDI 1 Reference 2
CDI 1 Reference 2
CDI 1 Reference 2
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.
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.
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.
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.
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.