Criminal Investigation Chapter 2

Chapter 2: Tools of Investigation

• Types of Interrogation:

  • Narrative Type: Suitable for talkative subjects, allowing them to narrate their story without interruption. The investigator observes the subject's reactions and word choice.
  • Question and Answer Type: More effective for less talkative subjects; the investigator asks questions and waits for complete answers. Requires in-depth knowledge of the case.

• Purpose of Interrogation:

  • Obtain a confession to the crime.
  • Induce the subject to make an admission.
  • Learn the facts and circumstances surrounding the crime.
  • Identify accomplices.
  • Locate the fruits of the crime.
  • Discover other crimes the suspect participated in.

• Characteristics of Interrogation:

  • One party is a suspect.
  • The investigator seeks information about the suspect.
  • Suspect's responses can be used against them.
  • Certain rules may prohibit subsequent use of response (constitutional/statutory).

Legal Requirements for Interrogation

• Voluntariness: Statements must be voluntary; not coerced by threats, fear, fraud, or coercion. Statements are admissible, and can be used to find more evidence.
• Brown v. Mississippi (1936): Coerced confessions are unreliable and unconstitutional.
• RA 9745 – Anti-Torture Act: Demands a physical examination by a competent doctor before and after interrogation.
• McNabb v. US and Mallory v. US (1957): Illegal delay in bringing a suspect before a judge after arrest compromises the confession's admissibility.
• Art. 125 of the Revised Penal Code: Delays in bringing a suspect before a magistrate after arrest are considered violations. Suspects must be presented to a magistrate without unnecessary delays. Time limits vary depending on the seriousness of the offense.
• Escobedo v. Illinois (1966): Refusal of police to allow suspect access to a lawyer during interrogation violates their constitutional right to counsel.

Miranda v. Arizona (1966)

• Facts: Ernesto Miranda, a suspect in a kidnapping and rape case, was interrogated without being informed of his right to an attorney. He confessed.
• Ruling: Custodial interrogations require warnings of the right to remain silent, right to an attorney, and right to appointed counsel if unable to afford one. Statements made without these warnings are inadmissible.

Application of Miranda Rule

• Custodial Investigation: Miranda Rule applies only to questioning initiated by law enforcement after a person is taken into custody or otherwise deprived of freedom.

Interrogation Environment

• Locale: Private room, not in main areas, suitable for privacy to avoid distractions and escape attempts and psychological advantage
• Furnishing: Simple, comfortable seating, table/desk
• Equipment: One-way mirrors, hidden microphones, closed-circuit TVs for surveillance
• Time: Conduct the interrogation soon after the crime to avoid suspect's preparation or destruction of evidence or the development of an alibi.

Attitude to Be Adapted by the Investigator

• Dominate Interview: Be in control, avoid hesitation or fumbling, show confidence, and avoid irrelevant distractions
• Language: Use language appropriate for the suspect's understanding.
• Clothing: Wear civilian clothes, to inspire confidence and friendship
• Preliminary Conduct: Provide suspect with information about their rights.
• Other People: Limit people present.
• Choice of Place: The choice must be conducive to the interrogation

Selecting the Technique of Interrogation

• Emotional Appeal: An action and a practical psychology.
• Full Narration: Convincing the judge or complainant.
• Creation of Anxiety: Exaggerate fear, making suspect believe they may not get away with crimes.
• Stern Approaches: Use intimidation tactics (stern interrogation)
• Physical Evidence: Feign having evidence of the crime that they have committed.

Physiological Symptoms of Guilt

• Sweating
• Color Change
• Dry Mouth
• Pulse
• Breathing

Methods of Recording

• Use of Notes: Mental notes, written notes, stenographic notes.
• Audio-Visual: Sound recordings, sound motion pictures.