Republic of the Philippines

ISABELA STATE UNIVERSITY

MODULE GUIDE

CRIM PROF 211 – FUNDAMENTALS OF INVESTIGATION AND INTELLIGENCE

1. Module Title :

Chapter I. Introduction to Criminal Investigation

2. Introduction

This chapter introduce the basic concept of Introduction to criminal investigation

were the student will learn the historical background of investigation to include the
characteristics of investigator and applicable laws in the study of investigation. The
student will also define important terms and required to present some output basis for
academic standing.

3. Learning Outcome/Objective

At the end of the chapter, the student shall be able to;

1. Discuss the basic Introduction of criminal investigation to include its etymology

2. Compare and contrast the characteristics of investigator
3. Discuss thru recitation the historical important of investigation to include its
personalities
4. Identify laws applicable in criminal investigation

4. Learning content / Topic/ Lesson proper

Introduction
A criminal investigation is usually conducted by a Law enforcement officers who has the
responsibility to identify, collects, and gather pieces of evidence at the crime scene for a specific
purpose. A criminal investigator looks for clues and evidence to determine whether a crime has
been taken place. If a crime has been committed, the investigators shall establish the three fold
aim of investigation; To identify the guilty party, To locate the guilty party: and To provide
evidence of his guilt.

The Etymology of Criminal Investigation

The word Investigation came from the old French investigacion which means “a
searching into” and from the latin word "investigationem” which means “a searching for”.
Investigation therefore refers to searching into either individual or properties.

The Criminal Investigation

Criminal Investigation refers to the collection of facts to accomplish the threefold aim:
To identify the guilty party, To locate the guilty party: and To provide evidence of his guilt
through criminal proceedings.

Criminal Investigator is a law enforcement officer who are trained, discipline and
experienced to conduct criminal investigation and the one who can carry the objectives of
criminal investigation. The investigator is sometimes called the superstar in the process of
investigation in which in all instances investigator use his discretion – the wise use of his
judgement.

When to Investigate? The police officer initially conduct investigation when one of the following
occur;

1. complaint filed
2. crime committed or crime is in progress
3. drug related offense
4. traffic accident
5. operation of organized crime
6. suspect is under arrest & detention
7. suspect is at large and or fugitive from justice

“AT LARGE” means the suspect is not under arrest or detention not being a wanted person in
the eyes of the law, and therefore cannot be lawfully arrested without a warrant.

“FUGITIVE FROM JUSTICE” This is obtained when “an individual who, after having
committed a criminal offense, leaves the jurisdiction of the court where such crime has taken
place or hides within such jurisdiction to escape prosecution.

is necessarily an escapee from detention or a escaped prisoner while serving sentence by

virtue of a final judgment rendered by a court of competent jurisdiction who can be legally
arrested (par. C, Sec 5, Rule 113, Rules of Court) without the necessity of a warrant of arrest.
As a general rule; in all criminal investigation or proceedings Probable Cause must well
establish. Without probable cause, a police cannot arrest a person nor avail the issuance of
warrant of arrest or search warrant.

Probable Cause mean the facts and circumstances that would engender a well-
grounded belief that a crime has been committed and the person to be arrested committed
it.

PHASES OF CRIMINAL INVESTIGATION

1. The identification of criminal.

2. The criminal is traced, located and arrested.

3. The pieces of evidence to prove the guilt of the accused are gathered.

4. Pieces of evidence are presented in court.

THE CONCEPT OF CRIMINAL INVESTIGATION AS AN ART AND A SCIENCE

 Criminal Investigation is an ancient science that may have roots as far back as 1700 BC

 It is an art because it is governed by rigid rules or fixed legal procedures but most often
based on intuition and sometimes by chance.

 It is a science because it involves the application of knowledge of forensic sciences in the

process of identifying, locating, collecting, processing, and/or evaluating physical evidences.

GOALS OF CRIMINAL INVESTIGATION

1. To determine whether a crime has been committed.

2. To legally obtain information or evidence.

3. To identify persons involved (suspects/victims/ witnesses).

4. To arrest suspects.

5. To recover stolen properties.

6. To present the best possible case to the prosecutor.

IMPORTANCE OF CRIMINAL INVESTIGATION

1. It provides the facts of a crime and provided with solutions.

2. It helps the five pillars of the Criminal Justice System in recognizing and identifying criminal
and provide justice to offended party, offender(as the case maybe), and in promoting social
justice.

3. An aid in enforcing the laws and the protection of lives and properties.

As a general rule, all crime incidents must be recorded in the official police blotter – is a
18”x12” logbook that contains the daily register of all crime incident reports, official summary
of arrest, and other significant events reported in the police station.

CHARACTERISTICS OF INVESTIGATOR:

1. KNOWLEDGEABLE, this refers to the investigator who exhibit understanding about crime,
evidence, law, to include suspect and the victim.

2. PERSEVERANCE, refers to the steadfastness, persistence and resolution to bring the desired
conclusion in spite of obstacles connected with criminal investigation.

3. ENDURANCE, this refers to the ability of the investigator to withstand hardship in the
conduct of investigation to include the ability to last physically and mentally.

3. HONESTY AND INTEGRITY, the investigator must always observe the moral conviction of
doing the right thing in all circumstances. There is the ever temptations of money, women and
drinks, etc.,that influence the result of investigation.

4. THE INTELLIGENCE AND WISDOM OF SOLOMON , This is very important in order that
the investigator could easily decipher falsehood from truth and separate the gain from the chaff
as king Solomon did when he settled disputes of child’s ownership between the two mother.

5. ACTING ABILITY, It is the ability to go down to the level of the subject(minor, the prostitute
or the slum dwellers, or the level of the other professionals or the members of the elite)

6. GOOD IN ORAL AND WRITTEN COMMUNICATION, This is the ability of the

investigator as he mingle with the community to include in making a concise report.
7. THE KEEN POWER OF OBSERVATION AND DESCRIPTION, These are very important
in crime scene investigation and in interview and interrogation.

8. COURAGE, It is the moral fortitude to tell the truth no matter who will be hurt.

9. THE POWER TO “READ BETWEEN THE LINES, This is the ability of the investigator to
interpret the words or phrases encountered in the process of investigation in their deeper meaning
inorder to arrive with an accurate meaning of a certain statement.

10. KNOWLEDGE OF MARTIAL ARTS AND FIREARMSPROFICIENCY, this will help the
investigator in defending himself when confronting, arresting, and interrogating the suspect.

OTHER QUALITIES OF INVESTIGATOR

A. Superior reasoning ability – the ability to analyze logically a multitude of facts and
determining how they interrelate. This is related to critical thinking.

- This method of reasoning challenges one to adopt an attitude

of fair-mindedness, intellectual caution and openness to questioned common or assumed
beliefs.

B. Imagination and curiosity-

Imagination- is forming mental images of what is not present or creating new ideas by
combining previous experiences.

Curiosity – is a desire to learn

C. Intuition –immediate apprehension or cognition, quick and ready insight.

D. Observation ability- the ability to observed, noting and recording of facts (using the sense
of seeing and hearing)

HISTORICAL BACKGROUND OF CRIMINAL INVESTIGATION

The Code of Hammurabi ruled from 1792 to 1750 BC

Is considered to be the oldest known code of law from the Old Babylonian period. The
code is also one of the earliest examples of the idea of presumption of innocence, and it also
suggests that both the accused and accuser have the opportunity to provide evidence.
 It consists of 282 laws, with scaled punishments known as Lex Taliones which mean
"an eye for an eye, a tooth for a tooth"

One of the best known laws from Hammurabi's code was:

Ex. Law #22: "If any one is committing a robbery and is caught, then he shall be put to death."
Ex. Law #129: "If the wife of a man has been caught lying with another man, they shall bind
them and throw them into the waters. If the owner of the wife would save his wife then in turn
the king could save his servant."
Ex. Law #196: "If a man destroythe eye of another man, they shall destroy his eye. If one break a
man's bone, they shall break his bone.

 5th CENTURY B.C., ROME: Rome created the first specialized investigative unit. It was
named as QUESTORS or TRACKERS of MURDERER. Roman civilian accepted the
role of quasi police with a sense of civic responsibility, they often made citizen arrest.

 6th CENTURY B.C. ATHENS: Unpaid magistrates (judges), were appointed by the
citizens to make decisions for the cases presented to them.

TIME OF ALFRED THE GREAT

In the later part of 19TH Century, England’s king, Alfred the Great established a system of
“mutual pledge” (social Control), which organized for the security of the country into several
levels:

1. TEN TITHING - One hundred persons are grouped into one under the charge of a High
Constable.

2. TITHING – Ten persons are grouped together to protect one another and to assume
responsibility for the acts of the group’s members. The one who heads this group is called
Tithing Man.

*SHIRES – The divisions of a specific geographic area. It is being controlled by the king
and governed by a Shire-reeve, or Sheriff.

TIME OF EMPEROR AUGUSTUS

At about the time of Christ, Rome: The Roman Emperor Augustus picked out special,
highly qualified members of the military to form the following:

1. PRAETORIAN GUARD – This was considered the first police officers, their job is to protect
the palace and the emperor.
2. PRAEFECTUS URBI – Their function is to protect the city. They have both executive and
judicial power.

3. VIGILES OF ROME - The vigiles began as fire fighters, they were eventually also given law
enforcement responsibilities and they patrolled Rome’s streets day and night. The vigiles could
be considered the civil police force designed to protect citizens.

It is from them that the word “VIGILANTE” came from.

TIME OF WINCHESTER

1285 A.D., England: THE STATUTE OF WINCHESTER was enacted establishing a

rudimentary criminal justice system in which most of the responsibility for law enforcement
remained with the people themselves.

These statutes or laws were promulgated by Winchester.

1. The Watch and Ward Act

2. Hue and Cry System

3. Parish Constable

4. Keeping weapon at home for family security

 1720’s, England: JONATHAN WILD – a master criminal who became the London’s
most effective criminal investigator.
He was the most famous THIEF-CATCHER in 1720s. He conceived the idea of
charging a fee for locating and returning stolen property to its rightful owners.

 1750s, England: HENRY FIELDING –He was the creator and a magistrate of the Bow
Street Runners; he formed a group of police officers attached to the Bow Street Court, not
in uniform performing criminal investigative functions.
 1753, England: JOHN FIELDING – The “blind” younger brother of Henry Fielding who
took over the control of Bow Street Court in 1753. He also introduced the practice of
developing informants, printing wanted notices, employing criminal raids, and bearing
firearms and handcuffs.

 1800, London: PATRICK COLQUHOUN – A prominent London President who

proposed the unique idea of creating sizeable uniformed force to police the city of
London in order to remedy the public outcry concerning the increase of criminality
during the early 1800s.
  1811, France: EUGENE “FRANCOIS” VIDOCQ - established a squad of ex-convicts to
aid the Paris Police in investigating crimes. He worked under the theory of “Set a thief to
catch a thief.”
He is credited, as the founder of La Surete, France’s National Detective
Organization.

 1829, London: ROBERT PEELS – The founder and chief organizer of London
Metropolitan Police. He introduced the techniques in detecting crimes such as detectives
concealing themselves, and secretly photographing and recording conversations.

 1835, TEXAS RANGERS was organized as the first law enforcement agency with
statewide investigative authority. This is the forerunner of the Federal Bureau of
Investigation (FBI).

 (1847-1915), Dr. HANS GROSS – The earliest advocate of criminal investigation as a

science. Gross was a native of Austria, born in Graz. Educated in law, he became
interested in investigation while serving as an examining magistrate. He became a
professor of Criminology at the University of Vienna.

 1852, U.S.A: CHARLES DICKENS is a great novelist in which through his story entitled
bleak house, he introduced the term detective to the English language.

 1852, U.S.A: ALLAN PINKERTON. This individual truly deserves the title of
“America’s Founder of Criminal Investigation.”
- Among methods pioneered by Pinkerton were; “shadowing, roping,
undercover.”

- They work with the motto “We never sleep.”

 1856, U.S.A: KATE WAYNE: The first woman detective in the history of criminal
investigation. She was hired by the Pinkerton Agency and contributed to the resolutions of big
cases of the United States of America.

 1909-1924 JOHN EDGAR HOOVER – He became the head of the Federal Bureau of
Investigation, which was established by the attorney general from 1909 to 1924.

 1866, U.S.A: THOMAS BYRNES

= He is an unusually keen-minded individual who trained his detectives in recognizing
individual criminal techniques. He founded the criminal “modus operandi,” or method/mode of
operation.
 1866, Liberty, Missouri, USA: THE JESSIE JAMES GANG
= made the first hold-up which marks the beginning of the gang’s 15 year hold-up and
robbery spree (12 bank hold-ups and 12 train robberies in 11 states). Clay County Savings
Association (CCSA) was their first victim and their take was $60,000,000.00.

 1882, France: ALPHONSE BERTILLON

= A French Police Clerk who introduced and established the first systematic
identification system based on the Anthropological Signalment (Anthropometry).

He is considered as the founder of Criminal Investigation in France.

 1954, USA: Dr. PAUL KIRK – The best known Criminalist who headed the Department
of Criminalistics at the University of California, USA.

 1966, USA: MIRANDA vs ARIZONA – The US Supreme Court established procedural

guidelines for taking criminal confessions. The case is the origin of the present Miranda rights of
every accused under the custody of police.

MIRANDA RIGHTS originated from the American jurisprudence. Mr. Ernesto Miranda, a
Latino was accused of KIDNAPPING and RAPE in the State of Arizona. The Arizona Police
interrogated Mr. Miranda exhaustedly leading to his confession.

Based on his confession, he was charged, tried and convicted. Appeal of his conviction was
made before the Arizona Supreme Court but his conviction was affirmed. The appeal was then
elevated to the US Supreme Court where there was a reversal of the decision and he was
acquitted on Constitutional grounds.

It was in this case, entitled Miranda vs. Arizona(Ernesto Miranda versus State of Arizona, USA)
that the US Supreme Court laid down the constitutional rights of the accused during the custodial
interrogation. It was incorporated in our 1973 Constitution and later in the 1987 Constitution of
the Philippines. This is known as the Miranda Rule, Doctrine, or Warning.

The Law of PNP applicable in Criminal Investigation;

1. 1987 PHIL CONSTITUTION, Art 16, Sec 6 = “The state established and maintained one
police force, which shall be NATIONAL IN SCOPE AND CIVILIAN IN
CHARACTER, to be administered and controlled by the National Police Commission.
The authority of the local executives over the police shall be provided by law.”

2. RA No. 4864 = The law otherwise known as the Police Act of 1966, It created the Office
of the Police Commission (now National Police Commission). It shall be their duty to
preserve peace and order; prevent the commission of crimes; protect life, liberty and
property; and arrest all violators of laws and ordinances within their jurisdiction. They
shall exercise the general powers to make arrest, searches and seizures in accordance with
 law. They shall detain an arrested person only within the period prescribed by law.
Approved September 8, 1966 authored by Cong. Teodulo C. Natividad.

3. RA No. 6975 = The Creation of BFP, BJMP and PNP under the Department of Interior
and Local Government (DILG) Act of 1990. Subsequently dissolving the PC whose
officers and rank and file were given the privilege either to join the AFP or the PNP
within the period as provided therein.

4. RA No. 8551 = The PNP Reform and Reorganization Act of 1998 which is now the
operational law that governs over the PNP. Approved February 25, 1998.

5. RA No. 7438 = An act defining certain rights of person arrested, detained or under
custodial investigation.

5. Teaching and learning activities

1. Explain why Criminal investigation is important?

2. Kindly discuss important event and personalities in criminal investigation?

3. Among the characteristics of criminal investigator, which one is best suited for
you and why?

4. Explain the implication of Miranda vs Arizona in our present criminal laws?

6. Flexible Teaching Learning Modalities (FTLM) adopted.

Online (synchronous)

//Sedi, Edmodo, google classroom, moodle, schoology, Podcast etc..

Remote (asynchronous)

//module, case study, exercises, problems sets, etc…

 - Face-to-face(if permitted)

7. Assessment Task

- Quiz and recitation

8. References (preferably copyrighted within the last 5 years)

Sumad-on, DT. 2020. Fundamentals of investigation and intelligence. Wiseman book

trading, Inc. Quezon City

Florendo, A 2019. Fundamentals of investigation. Wiseman book trading, Inc. Quezon

City

Bajita, J., Bayag-o, R., and Gapit, M., 2014. Criminology Memory Aid in Crime
Detection & Investigation.