Untitled

Special Crime Investigation and Legal Medicine

• The lesson aims to provide students with an understanding of the General Principles of Investigation and Investigative Procedures.

Index Card Format

• The index card requires the student to input their name, year, block, and grades.

Definition of Criminal Investigation

• Criminal Investigation involves the collection of facts to accomplish three aims:
• Identifying the guilty party.
• Locating the guilty party.
• Providing evidence of the suspect's guilt.

Definition of Special Crime Investigation

• Special Crime Investigation involves the study of major crimes and special investigative techniques.
• It focuses on physical evidence collection, handling, identification, and preservation.
• It requires coordination with criminalists in a crime laboratory.

Definition of Investigator

• An investigator is charged with carrying out the objectives of a criminal investigation.
• An investigator gathers, documents, and evaluates facts about crime.

Duty of the Criminal Investigator

• To establish that a crime was committed under the law.
• To identify and apprehend the suspect.
• To recover stolen property.
• To assist the state in prosecuting the party charged with the offense.

Objectives of Criminal Investigation

• Detect crime.
• Locate and identify suspect(s) in crimes.
• Arrest the suspect(s) in crime.
• Recover stolen property.
• Prepare sound criminal cases for prosecution.

Qualities of an Investigator

• Perseverance: Steadfastness, persistence, and resolution to bring the desired conclusion.
• Endurance: The ability to last physically and mentally, enduring sleepless nights and tiresome days.
• Incorruptible honesty and integrity: The ability to resist or avoid temptations.
• Intelligence and wisdom to decipher falsehood from truth.
• Knowledge of psychology and natural sciences to understand human behavior.
• Acting ability to relate to various people, from minors to the elite.
• Mastery of oral and written communication to connect with the community.
• Keen power of observation and description, especially in crime scene investigation.
• Courage to tell the truth, no matter who is hurt.
• Working knowledge of criminal law, evidence, criminal procedure, and penal special laws.
• Sense of justice and fair play.
• The power to "read between the lines.”
• Working knowledge of martial arts and firearms proficiency for arresting or interrogating suspect.

Famous People in Forensic Science

• Sir Arthur Conan Doyle (1859-1930): Author of Sherlock Holmes novels, exposed people to forensic science
• Alphonse Bertillion (1853-1914): Son of medical professor, measured characteristics of criminals recorded on cards, known as mug shots
• Francis Galton (1822-1911): Relative of Charles Darwin, forensic studies had to do with fingerprints
• Edmond Locard (1877-1966): Referred to Sherlock Holmes of France, helped improve dactylography
• Alex Jefferys: Went to Merton College, discovered split genes, inherited variation in human DNA.

The Anatomy of Crime

• Motive: The reason or cause why a person or group of persons will perpetrate a crime.
• Instrumentality: The means or implement used in committing the crime.
• Opportunity: Acts of omission or commissioning by a person (victim) that enables another person or group of persons to perpetrate the crime.

Cardinal Points of Investigation

• What specific offense has been committed?
• How the offense was committed?
• Who committed it?
• Where the offense was committed?
• When it was committed?
• Why it was committed?

Acts of Lasciviousness Incident - Example of 5 W's and 1 H

• What: Acts of Lasciviousness incident.
• When: On or about 8:00 PM of March 3, 2024.
• Where: Inside a Public Utility Bus at Brgy. Binaritan, Morong, Bataan.
• Who:
• Victims- Je (29 years old, female, married, Filipino), Jorie (21 years old, female, Factory worker, single, Filipino,
• Victims-Anjie 22 years old, female, Factory worker, single, Filipino.
• Suspect- Ben Tong y Noher (44 years old, male, married, Globe Corporation driver).
• How and Why: The victims reported to the station that were approached and touched by the suspect while inside a PUV.

Reasons Why Crime Should Be Investigated

• Future deterrence of offenders.
• Deterrence to others.
• Community safety.
• Protection of the innocent.

Types of Criminal Investigation

• Custodial Investigation: Questioning initiated by law enforcement after a person has been taken into custody.
• Investigation while the suspect is "at large" – not under arrest or detention - distinguished from "fugitive from justice"

Police Operation vs. Police Investigation

• Police Operation occurs before the fact of the incident.
• Police Investigation happens after the fact.

Tools of an Investigator

• Information: Data from other persons, including the victim, public records, private records, and modus operandi file.
• Interview: Skillful questioning of witnesses and suspects.
• Instrumentation: Scientific examination of real evidence.

Phases of Investigation

• Phase I: Identify the suspect(s) through confession, eyewitness testimony, circumstantial or associate evidence.
• Phase II: Locate and apprehend suspect(s) through surveillance, undercover assignments, and informants.
• Phase III: Gather and provide evidence to establish the guilt of the accused, the existence of elements of the crime, and accused identified and linked to the crime scene.

The Golden Hour: Initial Phase of Investigation

• The first 72 hours of a major case are crucial.
• Clarify and assess initial information to survey the situation and create bases for direction:
• When, where, and why did it happen?
• Who is the victim?
• Possible motives?
• How did the perpetrator enter and flee the scene?
• Is the perpetrator among a selected few?
• Could any specific individual be suspected?
• Is there a description of the perpetrators or accomplices?
• Is there any information on vehicles used?
• Is anything missing from the crime scene or from the victim?
• Did the perpetrator leave anything to identify them?
• Are there any other related incidents or observations?
• Determine if the area is the primary crime scene.

Investigator's Checklist in The Golden Hour

• Request Scene of Crime Operation (SOCO) specialists from the Crime Laboratory.
• The investigator-on-case remains responsible and present during SOCO operations.
• Conduct interviews and gather information at the crime scene.
• Establish an On-Scene Command Post (OSCP) near the crime scene.

Investigator's Checklist – Key Activities

• Who received the report of the incident, how, and when.
• Who reported the incident: Name, address, phone number, contact information.
• Factual information: What happened, time, place, circumstances, suspect identification, weapons. Initial measures undertaken: Date, time, responsible officer
• Response time.
• Logbook entries.
• Measures undertaken by the first officer at the scene
• If murder: post-mortem changes (algor mortis, livor mortis, rigor mortis), life-saving measures - whether it is a primary crime scene or a "finding place".
• If body brought to hospital: Ensuring officers proceed to the hospital, seizing victim's clothes, interviewing staff, and identifying who brought the body.
• If murder: How the clothing was handled, presence of wallet, mobile phone, if shots fired - perform paraffin casting.
• If kidnapping: Accurate description of the kidnapped person, circumstances around abduction, dental records, x-ray pictures
• In kidnapping cases, collection of medical records, seizure of DNA carrying items, fingerprints, comparison samples from relatives, photos and flash alarms should be priorities.
• In all cases - Cordon off a large area, protect the crime scene from external factors, record everyone entering, take notes.

Investigator's Checklist – cont.

• Make a documentation of the crime scene, descriptions around the area, noting license numbers, checking for CCTV, and mobile phones.
• Examination of Crime Scene: - outcome of proceedings, documentation, collect samples, further investigations, results etc - making swift decisions to determine outcome.
• Set-up of Organizational Structure: set-up SITG?, Allocation of resources, officer-in-charge present?, priorities and directions given?, tasking?, documentation?, - Daily briefings and contingency plans present?
• Media relations, monitor and collect articles of the crime.
• The need to alert other police stations.
• Measures to track down and retrieve all perpetrators; setting up check points, employment of canine, providing flash alarms.
• Ensure templates are used; comparison materials are easily assesible and interviews prepared for the scene of the crime.
• Secured CCTV footages
• Interview of people on spot
• Interview witnesses, and speak to family of the victim.
• Requests for mobile communication lists are issued.

Investigator's Checklist – Initial & Follow-Up

• Interviews conducted with ambulance staff.

• If suspect is still alive; that the officer is present.

• Man hotline set-up for follow up and coordination with the police.

• Hot link the case with any other recent and similar crimes; to provide a comparison.

• If Autopsy - Determine Cause of Death. - Retrieve Body from the scene to conduct autopsy and follow procedures.

• Check for a history to establish their Identity; ensure to notify family members.

• Interviews with Relatives, Friends, Colleagues and Employers.

• Search for Indication or past History to establish why a person would be a target of the incident; check for affiliations to activists/journalists etc.

• Request access, search to create computer data based, on people records; and database to understand why a person is a victim.

Investigator's Checklist – Evidence & Arrest

• Review phone calls, access to landlines and mobile phones. , Bank accounts

• Computer information, Mobile devices and photos etc.

• Review history details that show past issues or history that may require more info or lead to more suspects.

• Conduct Follow-up interviews with the first people involved in the case - persons, witnesses are key to progress.

• Identified prime scene and new scenes.

• Conduct follow-up House Searches based on New findings of prime suspects.

• Identify a prime suspect using the existing and retrieved information:

• Physcial and digital evidence

• Eye witness -Video's or photos etc.

• Review and create new sketches based on additional findings.

• Review plans before plans of arrest are required

• Ensure what the alibi is; review all witnesses.

• House searches and analysis are reviewed

• Witness protection is set-up

• Search for tracking or any other digital details.

• Assess plans for Body Search, test after any Weapons or shots are fired and store with details and analysis.

Investigator's Checklist – Interviews, Reconstruction & Structure

• Interviews are to have planning and a complete understanding of the process and is documented for future assessment.

• Recording is in place, defense Lawyer is present for the procedure.

• Reconstruction - Set up a Revisit to the crime scene with new findings/witnesses and ensure it is all documented.

• Set up a New structure - Set up records system to store what have collected so for

  • All info to easily reviewed; with a presentation and shared with required personnel to get approval and direction.

• Feedback loops- Set up feedback system from involved officers. That is then, reviewed and followed-up by supervisors; that are then recorded for documentation. (ensure new methods are being applied in case of pervasion or lack or results)

Importance and Purpose of Investigator's Notebook

• Purposes:
• For future recall.
• For the many details associated with the investigation.
• To record relevant details of the case.
• The court allows the investigators to consult their notes.
• Recording Notes:
• Data should be recorded in a complete, accurate, and legible manner.
• Must be written in ink.
• The top of each page should bear the investigator's name, date, and number.

Protocols in Investigation: Jurisdictional and Logistical

• Protocol 1: Jurisdictional Investigation by the Territorial Unit Concerned

• Police Station with territorial jurisdiction must undertake the necessary investigation and processing.

• Protocol 2: Official Police Blotter

• Use an 18" x 12" logbook with hard-bound cover.

• Record all crime incidents in the blotter and include:

  • Answering the 5 Ws and 1 H.
  • Nature of the offense.
  • Date, Time and Place of Occurrence.
  • Names of the suspect, victim, and witnesses.
  • Facts of the case.
  • Identity of Officer-On-Case.
  • Status of the case.

• Protocol 3: Investigation Team Organization and Equipment

• All investigators must be graduates of a prescribed investigation course with a rank of at least Police Officer II. Composition: Team Leader, Investigator/recorder, Photographer, Evidence custodian, Composite Illustrator/Artist

• Equipment: Police line, Video recorder, Camera, Measuring device, Gloves, Flashlight, Fingerprint kit, Evidence bag/tag/bottles/vials

• Equipment - Investigators Tickler: Investigators checklist, Anatomical diagram form, an Evidence checklist, Turn-over receipt

Protocols in Investigation Duties, Suspects & Witnesses

• Protocol 4: Duties of the First Responder

• Arrive at crime scene to validate, record time of arrival and all data, and then notify the Tactical Operations Centre (TOC)

• Cordon off the area to secure the surroundings to prevent any contamination and preserve integrity

• Check whether the situation can be controlled and does not have immediate danger factors present

• Arrest suspect/s if around or fleeing, give notification to support units for any larger support.

• Take and keep evidence/take "Dying Declaration" from injured personnel, with requisites (Section 37, Rule 130)

• Ensure- that death is imminent, the declarant is conscious, and that the cause will be death

• Protocol 5: Duties and Responsibilities of the Investigating Team

• Take full control of the crime scene - taking photos, making sketches; lifting of fingerprints; markings to all forms of data and Chain of custody

• Design a command center and immediate area the scene to take control of VIP requirements and all law enforcement agencies, whilst ensuring SOCO officers are present and protected

• Support and co-ordinate with supervisors all findings and information during the first report and any action taken afterwards. Ensure it is all documented.

• Upon investigation provide final report and sign-out.

• Protocol 6: Investigation Suspects

• If Arrest- Follow Procedure by handcuff and follow constitutional procedure regarding his rights

• Collect evidence and then bring persons to the station.

• Perform Booking Procedure - record details and then set-up an investigation as the scene.

• Protocol 7: Taking of Sworn Statements of Suspects

• WAIVER that is stipulated- follow article 125 and the presence of Lawyer before any statement or proceeding to take place.

• Protocol 8: Taking of Sworn Statement/s of The Witnesses

• Take Affidavits no later than 24 hours In suspect cases- that article 125 section is still applicable until proven suspects- by a judicial body

Protocols in Investigation:

• Protocol 9: Preparation of Reports and Filing of Charges

• Ensure ALL the documents are correct- Submit: Spotlight- Any and all required documentation.

• Protocol 10: Procedure for the Release of Crime Scene - Complete- sign out and inventory ALL documented Evidence, release inventory details to all required supervisors, and the chain of authority.

• Protocol 11: Follow-up of Case

• Follows and conducts procedures to ensure all investigations or findings of the procedures are conducted in accordance with best practice.

• Protocol 12: Preparation of Case Investigation Plan (CIPLAN) Police are supported and are backed with investigation procedure in accordance with investigation procedure that include human rights policy.

• Protocol 13: Attendance at Court Duties -All officers must attend court cases- it has to documented by the chief of section/police.

  Protocol 14: Uniform of the Investigator The correct uniform must be worn at ALL times to follow police procedures. The correct uniform, badges of rank to ensure and maintain protocol at ALL times.

Characteristics of An Effective Investigator

Intellectual- MUST have analytical capabilities and the application to use them; using and developing best practices to conduct crime in the field. Psychological- Effective and responsible to keep the victims and all witnesses, the police and all in a good and professional manner. Physical Characteristics -Fit and healthy. The best police have good hearing and eyesight with the necessary tools to collect data at the incident of the crime.

Functions of The Investigator

Provide Emergency- To the affected communities and individuals and their circumstances to be a responsible member of the investigation unit. Secure-All evidence and items to determine the root cause, to ensure the community is confident to report the incident. Support the community through the process- from the moment of the incident to the final outcome. Photo, Video, Sketch - All forms of media must be recorded and stored with integrity. Secure the data through documented procedure to ensure there is no corruption of data/items Take Notes - To the finest detail- document all steps and conversations when taking notes. That has integrity to assist with solving the crime and provide to judges to find the truth. Seek out to ensure all evidence is logged in the system through the chain of command- and it must be auditable by external auditors and investigators. Ensure All Sworn testimonies are documented - follow best practice and documented with Lawyers to ensure fair and correct laws have followed. Make all evidence reports- from data and results- with the highest level of integrity, with the law of policing- to ensure higher HQ is in touch with the status from report and action. Follow court procedures must be undertaken.- Police must follow all laws (local, state and national ) in cases of incident, to protect its own integrity is a priority.