Preliminary Exam Reviewer (2nd Semester) PDF
Document Details
Uploaded by CleverCalifornium1409
Tags
Related
- Boca Raton Police Confidential Informants PDF
- Aurora Police Department Preliminary and Criminal Investigations PDF
- Apopka Police Department Uniform Patrol Criminal Investigation Responsibilities PDF
- FCI PRELIM PDF
- Law Enforcement Training Academy - Interrogation Process PDF
- Intro Criminal Investigation PDF
Summary
This document provides a summary of criminal investigation procedures, including investigation tools, phases of investigation, and standard methods of recording investigative data. It details fundamental elements in criminal investigation, preparing students (or trainees) with knowledge for a career in law enforcement.
Full Transcript
PRELIMINARY EXAM REVIEWER (2ND SEMESTER) CDI Investigation Defined - is the collection of facts to accomplish a three-fold aim: a. to identify the suspect, b. to locate the suspect, and c. to provide evidence of his guilt. In the performance of his duties, the i...
PRELIMINARY EXAM REVIEWER (2ND SEMESTER) CDI Investigation Defined - is the collection of facts to accomplish a three-fold aim: a. to identify the suspect, b. to locate the suspect, and c. to provide evidence of his guilt. In the performance of his duties, the investigator must seek to establish the six (6) cardinal points of investigation, namely: What specific offense has been committed, how the offense was committed, who committed it: where the offense was committed; when it was committed; and why it was committed. Junsdictional Investigation by the Territorial Unit Concerned The Police Station, which has territorial jurisdiction of the area where the crime incident was committed, shall immediately undertake the necessary investigation and processing of the crime scene, unless otherwise directed by higher authorities for a certain case to be investigated by another unit/agency. Official Police Blotter A Police Blotter is an 18" x 12" logbook with hard-bound cover that contains the daily register of all crime incident reports, official summary of arrests, and other significant events reported in a police station. Tools of an Investigator in Gathering Facts (3 I's) Information Interrogation Instrumentation Information Data gathered by an investigator from other persons including the victim himself and from public records, private records, and modus operandi file. This is the knowledge which an investigator acquires from records and persons. The ability to secure information is a major asset of an investigator. Interrogation Skillful questioning of hostile witnesses and suspects. This is the process of obtaining information from persons Instrumentation Scientific examination of real evidence, application of instrument and methods of the physical sciences in detecting crime. This is the appreciation of instruments and methods of physical science in the investigation of crime. Phases of Investigation The main objective of a police investigator is to gather all facts to: a. Identify the criminal through confession, eyewitness testimony, circumstantial evidence, and associate evidence. b. Trace and locate the criminal. c. Prove by evidence the guilt of the suspect's. Standard Methods of Recording Investigative Data 1. Photographs 2. Sketching Crime Scene 3. Note Taking (What you have seen or observed) Standard Methods of Recording Investigative Data 4. Developing and Lifting Fingerprints Found at the Crime Scene 6. Gathering Physical Evidences 6. Plaster Cast 7. Tape Recording of Sounds 8 Video Tape Recording 9. Written Statements of Victim and Witnesses Scientific Examination of Real Evidence a. The Crime Scene Search 1. Processing and Securing a Crime Scene - Processing a crime scene includes the application of diligent and careful methods by an investigator/policeman to recognize, identify, preserve, and collect and items of evidentiary value that may assist in reconstructing that which occurred. 2. Protecting the Crime Scene and the Evidence - Successful crime scene processing depends upon the policeman's or investigator's skill in recognizing and collecting facts and items of value as evidence, and upon his ability to protect, preserve, and later, to present these in a logical manner. b. Laboratory Examination Objects and substances located usually at the crime scene needing examination in some cases are carried intentionally or unintentionally by suspects from the crime scene. Custodial Investigation It is the skillful questioning of a suspect or a hostile witness to divulge information concerning the crime under investigation. Custodial Interrogation It is the stage wherein police investigators begin to focus on the guilt of the suspect, and the suspect is taken into custody or deprived of his/her freedom of action in any substantial manner. Criminal Investigation It is an art which deals with the identity and location of suspect and provides evidence of his/her guilt. “Corpus Delicti" and its Significance in the Criminal Investigative Process Literally the “body of the crime". The "corpus delicti" of a crime is the body, foundation or substance of the crime, which ordinarily includes two elements: the act and the criminal agency of the act. Evidence and Its Legal Significance The term "evidence" Includes all means by which an alleged fact, the truth of which is submitted to scrutiny, is established or disproved. Evidence is the means sanctioned by law, of ascertaining in judicial proceeding the truth respecting a matter of fact. The legal significance of evidence rests in its influence on the judge Interview An interview is the questioning of a person believed to possess knowledged that is of official interest to the investigator. Importance of Interview Interview in crime investigation is very important as the person interviewed usually gives his account of an incident under investigation or offers information concerning a person being investigated in his own manner and words. Planning the Interview In planning an interview, the investigator should, as a rule, select a place which will provide him with a psychological advantage. He should conduct the questioning as soon as possible after the occurrence. Preparation of the Interview Before interviewing a witness, the law enforcer should mentally review the case and consider what Information the witness can contribute. If the case requires it, he should acquaint himself with the background of the witness. Time, Place and Surrounding Circumstances An interview should be conducted immediately after the crime, in a private, plain room with minimal distractions. Suspects should be interviewed separately, out of sight and earshot. If multiple interviews are conducted, one person should be the prime interviewer. Chairs should be arranged so that window lights fail on the interviewee, and the interviewer should adapt their speech to the subject's best understanding. Straight-back chairs are recommended for both subjects and interviewers. Opening the Interview The interviewer should identify themselves and their agency, determine the interviewee's type, use the best approach, and consider legal provisions regarding custodial investigation rights. The Body of the Interview The interview should allow the interviewee to tell their story without interruption, ensuring continuity and clarity. The interviewer should stay focused on the issue, be alert for hearsay, and avoid abruptly interrupting the interview. Innocuous questions can be used to guide the interviewee. Questioning To conduct a thorough interview, avoid dominating the interview, avoid rambling, and use "chronological questioning" to order facts. Exhaust each topic before moving on to the next, determine the basis for each material statement, keep questions simple and understandable, avoid leading and misleading questions, wait for the answer before asking the second, ask important questions in the same tone as unimportant ones, and avoid trick or bluffing questions. Closing Before closing an interview, the law enforcer should review the purpose and analyze the learned information using the 5 Ws and 1 H, and ensure the door is open for a re-interview. ADDITIONAL PROFESSORS’ FULL NAME Mr. Edwin Reyna Malaay 3 REQUEST Mag-aral ng mabuti Huwag makipagusap o makipagdaldalan Bawal ang cellphone T - TIME D - DATE P - PLACE OF O - CCURENCE COMPLAINT CASE (PROSECUTOR) SUSPECT RESPONDENT (COURT) Separate Police Blotter shall be maintained for offenses requiring confidentiality like violence against women and children and those cases involving a child in conflict with the law to protect their privacy pursuant to R.A. 9262 (Anti-Violence Against Women and Children Act of 2004) and R.A. 9344 (Juvenile Justice and Welfare Act of 2006). Investigation Team: Organization and Equipment a. All investigators in any police unit must be a graduate of prescribed investigation course with a rank of at least PO2 (pre-requisite to assignment). b. Composition: 1. Team Leader; 2. Investigator/recorder; 3. Photographer; 4. Evidence custodian; and 5. Composite Illustrator/Artist Equipment of the investigator: 1. Police line; 2. Video camera; 3. Voice recorder; 4. Camera; 5. Measuring device; 6. Gloves; 7. Flashlight; 8. Fingerprint kit; 9. Evidence bag; 10. Evidence tag; 11. Evidence bottles/vials; and 12. Investigator's tickler (contains the following) a) Investigator's checklist b) Anatomical diagram form c) Evidence checklist d) Turn-over receipt Goals of Criminal Investigation a. To determine if a crime has been committed. b. To gather evidence that identifies the suspect. c. To effect a legal arrest. d. To recover stolen property. e. To prepare the best case possible for prosecution. Duties of an Officer in Conducting the Investigation An officer's duties in conducting an investigation include determining the crime, arresting the perpetrator, obtaining eyewitness descriptions, interviewing the victim and witnesses, recording their identities and data, protecting the crime scene, determining the crime's nature and value, and recording all relevant information in field notes and sketches. They also arrange for a photographic summary of the crime scene and make required reports. Elements of the Continuing or Follow-up Investigation The following-up investigation involves identifying and arresting the perpetrator and associates, revising the crime scheme, analyzing evidence, searching for witnesses, establishing liaisons with laboratory technicians, identifying and arresting the perpetrator and accomplices, conducting surveillance and interrogation, and preparing the case and consulting with the prosecutor. Reasonable Doubt and its Significance in Criminal Cases The standard used to determine the guilt or innocence of a person criminally charged. Qualifications of an Investigator An investigator must possess exceptional observation, deliberation, rational thinking, extensive knowledge of criminal law, investigative techniques, scientific aids, and criminal behavior, as well as intellectual control, constructive imagination, and knowledge of social psychology. The Person Interviewed Consider: a. His ability to observe. b. His ability to remember. c. His ability to narrate. d. His mental weakness because of stupidity or infancy. e. His moral weakness because of drunkenness, drug addiction, his being a pathological liar or similar factors. f. Emotional weakness springing from such sources as family problem, hatred, revenge. and love. The Interviewer's Personal Traits The interviewer should be a practical psychologist, interested in people, calm, self-disciplined, courteous, professional, tactful, purposeful, persistent, patient, analytical, flexible, and cautious. They should be able to conceal emotions, avoid third-degree tactics, and maintain the principles of humanitarian and legal precepts. They should also keep the rules of evidence in mind. Note: Although the words "interview" and "interrogation" have similar meanings, there are those who prefer to use "interview" when questioning witnesses and informants, and "interrogation wher questioning suspects. A Philosophy of Interview and Interrogation: the RIGHT officer asking the RIGHT questions at the RIGHT time and in the RIGHT place will get the RIGHT answers.