CDI-updated.pptx - Criminal Investigation - Lecture Notes

LESSON 1 Nature and Concept of Criminal Investigation  Etymology of INVESTIGATION Early 15 century from Old French th investigation (14th century), from Latin investigationem (nominative investigation) “a searching into, a searching for,” noun of...

LESSON 1 Nature and Concept of Criminal Investigation  Etymology of INVESTIGATION Early 15 century from Old French th investigation (14th century), from Latin investigationem (nominative investigation) “a searching into, a searching for,” noun of action from past participle stem of investigare “to trace out, search after,” figuratively search into, investigate,” from in- “in, into,” (from PIE root *en”in”) + vestigare “to track, trace,” from vestiguim” a footprint, a track”.  Etymology of INVESTIGATION According to the Oxford English Dictionary, “investigation” is derived from old French word of the same name originally coined around 14th century. It is also similar to latin word “investigare” which means to investigate. But what that word actually mean? It is the action of investigating; the making of search or inquiry, systematic examination, careful and minute research. Etymology of INVESTIGATION Investigation is the systematic process of identifying violation of law or policy and pursuing information The ultimate objective of an investigation is the truth and explaining in detail what happened when it occurred, who did what and how they did it Criminal Investigation Defined An investigation refers to the process of collecting information in order to reach some goal; for example, collecting information about the reliability and performance of a vehicle prior to purchase in order to enhance the likelihood of buying a good car.  Applied to criminal realm, a criminal investigation refers to the process of collecting information(or evidence) about Determine a crimeif in order a crime to: has been committed Identify the perpetrator Apprehend the perpetrator Provide the evidence to support a conviction in a court If the first three objectives are successfully attained, then the crime can be said to be solved. Several other outcomes such as recovering stolen property, deterring individuals from engaging in criminal behaviors, and satisfying crime victims have also been associated with the process. A useful perspective on the criminal investigation my process is provided by information theory (Willmer). According to information theory, the criminal investigation process resembles a battle between the police and the perpetrator over crime-related information. In committing the crime, the offender emits "signals," or leaves behind information of various sorts (fingerprints, eyewitness descriptions, murder d weapon, etc.), which the police attempt to collect through of investigative activities. If the perpetrator is able to minimize the amount of information available for the police to collect, or if the police are unable to recognize the information left behind, then the perpetrator will not be apprehended and therefore the perpetrator will win the battle. Four condition must exist for an act or omission to be considered a crime: The act is considered wrong by society The act causes harm to society in general or those in need of protection The harm is serious The remedy must be handled by the criminal justice system The elements of a crime should be legal in nature (must be in law), Actus Reus (human conduct), causation (human conduct must cause harm), harm (to some other/ thing), concurrence (state of mind and human conduct), Mens rea (state of mind and guilty), and Punishment. A Crime is an unlawful act punished by the state or any lawful authority. A crime or an offense is an act which is harmful not only to the person but also to the community, society or state. Such acts are forbidden and punished by law.  Every crime violates the law but every violation of the law does not commit a crime. Greed, anger, jealousy, revenge or pride are the main reason for committing a crime. The essential ingredient of crime blameworthy condition of mind. Its absence cannot make a person liable. Stages of Crime: 1. The intention is the first stage of a crime. 2. Preparation is the second stage of crime. 3. The third stage is an attempt. It is direct movement of an act towards execution of an act after preparation of the plan 4. The fourth stage is the accomplishment Act to be Voluntary Crime is the product of our own choice and our own independent will. The act should be voluntary. The act done by a person must be of conscious choice to constitute a voluntary act for which he is held criminally liable. The voluntary Act is an Act that does not fully result from independent will are committed with extreme indifference to inhuman life. A conscious person who loaded a gun at others will typically be held liable for any harm that results during accidental discharge because loading the gun is treated as a voluntary activity. Fundamental elements of a crime To establish criminal liability, crime can be broken down into elements which a prosecution must prove beyond a reasonable doubt. There are basically four elements of a crime are as follows: 1. Human being Human being must commit wrongful act to fulfill first element of a crime that means any non-living thing or animals are not considered in the category of a person or a human being whereas in ancient times when criminal law was closely dominated by the idea of Ritter bit theory punishment was also inflicted on animals for the injury caused on them. The word person includes artificial or juridical persons. He is a legal entity created by law which is not a natural person such It is a legal having a distinguished identity and legal rights and obligation under the law. 2. Mens rea or Guilty intention The second element is derived from the famous maxim Actus Non-Facit Reum Nisi Mens Sit Rea. This maxim is divided into two parts. The first part- a. mens rea (guilty mind) b. Actus reus (guilty act) It means the guilty intention and guilty act together constitute a crime. It comes from a maxim that no person can be punished in a proceeding of criminal nature unless it can be shown he has a guilty mind. The second element is Mens rea which can be explained in various forms a guilty mind; a guilty or wrongful purpose; a criminal intent, guilty knowledge and willfulness all constitute the same thing that mens rea. Motive and Intention are both aspects in the field of law and justice both are very important. They are also associated with the purpose of proving or disproving a particular case or crime wrong motive with guilty intention is necessary to prove criminal liability. 3. Actus reus or illegal act or omission It is the Latin term used to describe a criminal activity. It is commonly defined as a criminal activity that was the result of voluntarily bodily movement. This describes a physical activity that harms another person or damages property. In other words, due to guilty or wrongful intention, some over act or illegal omission must take place. There are two types of Actus reus 1. commission 2. omission The commission is as a criminal activity that was the result of voluntarily body movement. This describes a physical activity that harms a person or property. Against human body includes physical assault, murder, hurt, grievance, hurt etc & property includes theft, The omission is another form of actus reus as an act of deceit, extortion etc. criminal negligence. An omission could be falling to warn others that you have created a dangerous situation, for example not feeding an infant who has been left in your care or not completing a work-related 4. Injury The fourth requirement of a crime is injury should be caused to another person or to society at large. Injury is defined as any harm illegally caused to any person in body, mind, reputation or property by another person. Elements of crime are a set of facts that must be proven to convict a defendant of a crime. Criminal elements are sets forth in criminal statutes or cases in jurisdictions that allow for common law crimes. General Principles of Actus Reus 1. The general rule of Actus Reus is no liability for failing to act unless at the time of failure to act the defendant was under a legal duty to take positive action. 2. The duty arises from statute- Children and young persons), omission culpable by people over the age of 18 falling to look after a child under 18. 3. The duty arises from a contract- Failure to perform the contractual duty in question can perform the basis of criminal liability. 4. The duty owed to family members- A mere omission to act cannot be lead to criminal liability unless a statute specifically provides or a common law imposes a duty on it. Moral duty should be distinguished from the legal duty of an act. Causation in Crime. Causation refers to the relationship defendant's conduct and the final result. The prosecution must prove beyond a reasonable doubt that the defendants actions led to the alleged harm or injury. Causation is the "causal relationship between the defendant's conduct and the result". In a criminal activity, there are always these three elements namely - 1. actus reus 2. mens rea 3. causation Actus Reus Actus Reus is Latin for "guilty act." It is usually referred to in combination with the term "Mens Rea," which means "guilty mind." In order for a person to be criminally liable for doing something, they need to have done it with criminal intent or recklessness. For example, if Frank takes a stranger's coat from a hook in a restaurant, thinking it is his, it is not theft. But if Frank takes a strangers coat (Actus Reus) with the intent to steal it (Mens Rea) it is theft. How do you identify actus reus? To establish actus reus, a lawyer must prove that the accused party was responsible for a deed prohibited by criminal law. Actus reus is commonly defined as a criminal act that was the result of voluntary bodily movement. This describes a physical activity that harms another person or damages property. Mens rea An Act becomes a crime when it is committed with evil intention. Evil intention of guilty mind is essential to commit a crime otherwise a person cannot be held liable and punished. Mens rea based on a well-known maxim. Actus non facit reum nisi mens sit rea which means Act does not make a man guilty unless his intention was so. Earlier in English criminal law, there was no distinction between crime and tort. Criminal law was based on strict liability and punishment in those days was mainly in the form of monetary compensation. Therefore mental element in crime was irrelevant but later bodily punishment came in substitute of damages. Now from here, mens rea got importance. Mental element in crime was recognised as this time With the passage of the time, mens rea become an element in deciding crime. For any criminal liability, the Act should be voluntarily committed. No person can be held liable for an Act done under any fear or compulsion. General Principles Actus Non-Facit Reum Nisi Mens Sit Rea - An Act does no itself make one guilty unless the mind is also guilty. This guilty mind is known as Mens Rea. There are two elements of mens rea: 1. intended to do act 2. knowledge of the circumstances that make the act a criminal offense Mens rea takes on different types in the different surrounding that is what is anevil intent for one type of criminal offense may not be so for another kind. Other Forms of Mens Rea: 1) Intention 2) Motive 3) Knowledge 4) Recklessness 5) Negligence Intention - It is the purpose or design for which an Action has been done. The intention is basically Position of mind at a particular time in committing an offence and will of accused to see the effects of his unlawful effect. Intention and Motive The motive works as the fuel for the intent. The motive is the reason why someone is going to do something. It is the fountain from which the actions, spring whereas intent is the goal to which they are directed. Intention means the purpose of doing something motive determines the reason for committing an act. The intention is the basic element for making a person liable for a crime which is commonly contrasted with motive. The intention is the product of motive in fact motive is not a legal element of a crime. Motive plays a significant role because without an understanding of why people commit certain crimes in the way they do it, then we are left to begin at whether they have done with a good motive or bad. Knowledge as Mens rea Knowledge is the awareness of the consequences of the act. The knowledge and intention are on the same footing with a guilty mind therefore knowledge is also component which includes mens rea. Negligence as Mens rea The third form of mens rea is negligence. Negligence is the duty to take care of. In other words, a person when he is negligent if he fails to exercise the duty or caution while performing a lawful act The concept of reasonable negligence is not defined anywhere. Test of reasonable care depends on the view of the prudent man therefore who is able to fail to take care of reasonable care and if his actions cause harm anyone it is called the negligent actions of a person this negligent act is considered as a mens rea for criminal liability of a person. Concise and Brief History of Investigation The police is a personification of the state designated to put in practice and enforced the law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force. The term is most commonly associated with police services of a state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. Crime occurs within the social and political context. The ways in which we respond to crime are also reflection of the nature of the contemporary world. Indeed, the work of a number of well known and successful investigators has focused on the use of various scientific methods in criminalistics to solve crimes.  THE BOW STREET RUNNERS IN 1750 Henry Fielding, the chief magistrate of Bow Street, London in 1748 established a small group of volunteers in 1750 known as the "Bow Street Runners who were non-uniformed home owners to take thieves. These volunteers hurried to the scenes of reported crimes and began investigation, thus becoming the first modern detective force. In 1785, some of these volunteers were paid by the government as detectives  THE METROPOLITAN POLICE ACT OF 1829 England's Parliament passed the Metropolitan Police Act in 1829 through the efforts of a metropolitan police force in Sir Robert Peel, which created London. Its police headquarter became known as "Scotland Yard" because the building was formerly housed Scottish royalty. Police constables were called as "bobbies" in honor of the first name of Peel, Robert.  PINKERTON'S NATIONAL DETECTIVE AGENCY IN 1849 Allan Pinkerton formed the major private detective agency in Chicago and later on was appointed by Mayor Boone of Chicago as the city's first detective in 1849. The Pinkerton National Detective Agency was the only agency whose competent detectives were available in the United States for over 50 years and provided a good model for government detectives. Kate Warne was an American law enforcement officer known as the first female detective, in 1856, in the Pinkerton Detective Agency and the United States  MUNICIPAL DETECTIVES IN 1857 In 1857 New York City Police Department designated some patrol officers as detectives and set up a rogue's gallery, photographs of known offenders arranged by criminal specialty and height. Photographs from rogue's gallery were studied by detectives so that they might recognize criminals in the street. Thomas Byrnes, the chief detective of New York City published in 1886 "Professional Criminals in America", which included pictures, descriptions, and methods of all criminals known to him and thereby contributed to information sharing among police departments.  EARLY FEDERAL INVESTIGATIVE AGENCIES 1865 - Secret Service created to combat counterfeiting 1903 -After assassination of McKinley responsibility for presidential protection was added 1908 - Bureau of Investigation became F.B.I. 1924/Hover 1920 Internal Revenue responsible for Prohibition enforcement  DUE PROCESS REVOLUTION Due process of law is a constitutional guarantee that prevents governments from impacting citizens in an abusive way. In its modern form, due process includes both procedural standards that courts must uphold in order to protect peoples' personal liberty and a range of liberty interests that statutes and regulations must not infringe. It traces its origins to Chapter 39 of King John's Magna Carta, which provides that no freeman will be seized, dispossessed of his property, or harmed except "by the law of the land," an expression that referred to customary practices of the court. The phrase "due process of law" first appeared as a substitute for Magna Carta's "the law of the land" in a 1354 statute of King Edward III that restated Magna Carta's guarantee of the liberty of the subject. During the rule of King Edward III (reigned 1327- 1377), Parliament enacted six statutes to clarify the meaning and scope of the liberties that Magna Carta guarantees. The statutes interpreted the expression "the law of the land," which appears in Chapter 29, as the judicial procedures that protect a subject's liberties. One of the laws, enacted in 1354, introduced the term "due process of law"-the first appearance of that phrase in Anglo-American law-to describe Magna Carta’s procedural guarantees. The fifth Amendment to the U.S Constitution evokes this language in the Due Process Clauses.  t “ Dr. Bonham’s Case” Dr. Thomas Bonham's case came before Chief Justice Edward Coke of the British Court of Common Pleas in 1610. At issue was a law that gave the London College of Physicians the power to imprison anyone practicing medicine without a license. Coke argued in his decision that the law was void for being "against common right and reason." American jurists in the colonial era cited this case in support of the principle that statutes that conflict with fundamental law are void. It is often held to be the antecedent of both the doctrine of substantive due process and judicial review.Armor Bingham John The Fourteenth Amendment to the Constitution was ratified on July 9, 1868, and granted citizenship to "all persons born or naturalized in the United States," which included former slaves recently freed. In addition, it prohibited states from denying any person "life, liberty or property, without due process of law" or denying "any person within its jurisdiction the equal protection of the laws." Serving on the Joint Committee on Reconstruction, Ohio Representative John Armor Bingham was the sponsor and principal framer of the Fourteenth Amendment.  The Miranda Decision Chief Justice Earl Warren's early draft opinion in Miranda v. Arizona shows his thought process regarding the decision that required police to warn an arrested suspect that the government could use any information provided as evidence and to advise the suspect of the right to remain silent and the right to counsel. Warren argued such a warning was required by the Fifth Amendment's right against self- incrimination. Tracing the history of the right against self- incrimination, Warren recalled the trial of John Lilburne, the seventeenth-century radical politician, who contended that freedom from compulsory self-incrimination was one of the fundamental rights of an “… Thesubject. English Right to Remain Silent…” A political cartoon by Herblock lampoons the Supreme Court's decision to hear a the case of United States v Dickerson, which challenged the constitutional requirement to recite Miranda Rights to an arrested suspect. The case concerned a federal law that Congress passed in 1968 designed to bypass the Supreme Court's 1966 decision in Miranda v. Arizona. The Court decided that because Miranda was a constitutional decision of the United States Supreme Court, Congress exceeded its authority in passing the law. What is due process of law and why is it important? The due process right, established by the Fourteenth Amendment, guarantees that the government cannot take a person's basic rights to "life, liberty, or property, without due process of law." The due process right is designed to protect citizens from actions taken by state government, counties, towns, and cities. Cases decided by the U.S. Supreme Court, 1961-1966 was known as due process revolution. Active in cases involving rights of suspects/defendants, Miranda, Mapp v. Ohio, Terry decisions impact police.  REQUIREMENTS IMPOSED ON POLICE BY MIRANDA V ARIZONA The police are required to advise in-custody suspects of: 1. The right to remain silent 2. The right to be told that anything said can and will be used against him or her in court 3. The right to consult with an attorney prior to answering any questions and the right to have an attorney present during the interrogation 4. If the suspect cannot afford to pay for an attorney, the court will appoint one Why Is due process Important Philippines? The right to due process is crucial for the protection of human rights and is core to every democratic society. As enshrined in the Philippine 1987 Constitution, no person shall be deprived of life, liberty of proper without due process of law  HISTORICAL MILESTONE OF FORENSIC SCIENCE PERSONAL IDENTIFICATION IN CRIME DETECTION HISTORICAL MILESTONES OF FORENSIC SCIENCE The origins of criminalistics or forensic science are largely European. Forensic science draws from diverse disciplines, such as geology, physics, chemistry, biology. and mathematics, to study physical evidence related to crime. The first major book describing the application of scientific disciplines to criminal investigation was written in 1893 by Hans Gross, a public prosecutor and later a judge from Graz, Austria. It remains highly respected today as the seminal work in the field. The Frenchman Edmond Locard established the first forensic laboratory in Lyon in 1910. All crime scenes are searched on the basis of Locard's exchange principle, which asserts that when perpetrators come into contact with the scene, they will leave something of themselves and take away something from the scene, for example, hairs and fibers. Expressed somewhat differently, Locard's exchange principle states that there is something to be found. He is also recognized as the Father of Poroscopy, the study of pores and for advocating that if there were 12 points of agreement between two compared fingerprints the identity was certain. Forensic science enjoys periods of stability, but on the whole it is dynamic and in constant progress. To illustrate this principle of dynamic change, the histories of two BIOMETRIC BASED PERSONAL IDENTIFICATION Biometrics is from the Greek meaning life measurement. The most important goal of biometric measurements is to uniquely identity, or verify the identity of, an individual through characteristics of the human body. Biometrics is superior to eyewitness identification because it has a scientific foundation, Historically, there have been three major scientific systems of biometric-based personal identification of criminals in wide use: anthropometry, dactylography, and deoxyribonucleic acid (DNA) typing. The first was relatively short lived. The second, dactylography, or fingerprint identification, remains in use today throughout the world. The third, DNA, is a relatively contemporary development. Two (2) commonly used services in criminalistics 1. Personal identification 2. Firearms identification 1-PERSONAL IDENTIFICATION Three (3) major scientific systems for identification of criminals 1. Anthropometry 2. Dactylography 3. Deoxyribonucleic acid (DNA) typing Other biometric-based methods of identifying criminals 1. Hand geometry 2. Retinal/Irish scans 3. Ear matching 4. Facial recognition software 5. Voice identification 6. Vein patterns Anthropometry - was based on the fact that every human being differs from every other one in the exact measurements of their body, and that the Anthropometry: Bertillon System. The first systematic attempt at personal identification was devised and introduced by the French police expert, Alphonse Bertillon, in 1883. Anthropometry - A system of precise body measurements. It is based upon the premise that the dimensions of the human skeletal system remained fixed from age 20 until death. Eleven (11) measurements taken - to include height, width of head & length of left foot sum of these measurements yields a characteristics formula for each individual. This was developed by Alphonse Bertillion in1882 and was used to those incarcerated in Paris's Palais de Justice. Bertilllion was regarded as the "Father of Criminal Identification". He also introduced the "portrait parle" or "speaking picture", which combines full face and profile photographs of each criminal with his or her exact body measurements and other descriptive data onto single card. Alphonse Bertillion in1882 was regarded as the "Father of Criminal Identification and introduced the "portrait parle" or "speaking picture”. This is the process of Anthropometry HISTORY OF FINGERPRINTING Chinese used fingerprints to sign legal documents as far back as three thousand years ago. William Herschel, an English civil servant (India), required natives to sign contracts with an imprint of their right hand. Early Discoveries in the use of Fingerprints In 1900 England became the first country to use dactylography as a system of criminal identification, fingerprints have a long legal and scientific history What was FRANCIS GALTON's contribution to fingerprinting? Sir Francis Galton, a British anthropologist and a cousin of Charles Darwin, began his observations of fingerprints as a means of identification in the 1880's. In 1892, published the classic work Finger Prints. In this book he discussed the anatomy of fingerprints and suggested methods for recording He proposed three pattern types: loops, whorls and arches According to his calculations, the odds of two individual fingerprints being the same were 1 in 64 billion. Galton identified the characteristics by which fingerprints can be identified. These same characteristics (minutiae) are basically still in use today, and are often referred to as Galton's Details. An individual's prints remain unchanged from one year to the next Juan Vucetich In 1891, Juan Vucetich, an Argentine Police Official, began the first fingerprint files based on Galton pattern types. At first, Vucetich included the Bertillon System with the files. In 1892, Juan Vucetich made the first criminal fingerprint identification. He was able to identify a woman by the name of Rojas, who had murdered her two sons, and cut her own throat in an attempt to place blame on another. Her bloody print was left on a door post, proving her identity as the murderer. In 1894, Juan Vucetich published Dactiloscopia Comparada outlining his method of fingerprints by using Vuchetich's system to convict a woman of beating her two children to death. Dactylography is the scientific study of fingerprints as a method of identification. This is used as technique of crime detection by practically every modern law enforcement. What are fingerprints? A fingerprint is the pattern on the inside of the finger in the area between the tip and the first joint, and stays the same from the day of a person's birth to the day he dies. No two persons' fingerprints are exactly alike, not even those of identical twins. The largest collection of fingerprints is held by the Federal Bureau of Investigation (FBI) in America. The Herschel-Faulds Controversy In the late 1800s a controversy broke out between William Herschel and Henry Faulds who both claimed to have discovered fingerprint identification as a means of identifying criminals. The Henry System The final breakthrough for the fingerprint method of personal identification was made by Edward Henry. At the age of 23 he went to India and by 1891 had become the inspector general of police of Nepal, the same province in which Herschel had worked some 15 years earlier. Subject to many of the same influences as Herschel, but apparently working independently, Henry developed an interest in fingerprints and instituted Bertillon's system with the addition of fingerprints to the cards. In 1893, Henry obtained a copy of Galton's book and began working on a simple, reliable method of classification. The governor-general of India received a report from Henry in 1897 recommending that anthropometry be dropped in favor of Henry's fingerprint classification system. It was adopted throughout British India just six months later In 1900 Henry's system was adopted in England. The next year, Henry enjoyed two personal triumphs, the publication of his Classification and Use of Finger Prints and his appointment as assistant police commissioner of London, rising to the post of commissioner two years later. Faurot and" James Jones" In 1904 New York City Detective Sergeant Joseph Faurot was sent to England to study fingerprints, becoming the first foreigner trained in the use of the Henry classification system. Upon Faurot's return, the new police commissioner told him to forget about such "scientific notions" and transferred him to walking a beat. In 1906 Faurot arrested a man dressed in formal evening wear but not wearing shoes, as the man crept out of a suite in the Waldorf-Astoria Hotel. Claiming to be a respectable citizen named "James Jones," the man demanded to see the British consul and threatened Faurot with nasty consequences. Faurot sent the man's fingerprints to Scotland Yard and got back a reply that "James Jones" was actually Daniel Nolan, who had 12 prior convictions of hotel thefts and who was wanted for burglarizing a home in England. Confronted with this evidence, Nolan confessed to several thefts in the Waldorf-Astoria and received a sentence of seven years. Newspaper stories about the case advanced the use of fingerprints in this country. The West Case In 1903 a fingerprint comparison of two Levenworth Penitentiary prisoners revealed that Will West and William West were two different individuals. This was despite the fact the two inmates had identical appearances and nearly identical Bertillon measurements. This showed the superiority of fingerprints to anthropometry as a system of identification. In 1903, a prisoner by the name Will West was sentenced to incarceration at the United States Penitentiary at Leavenworth, Kansas. During his in processing, the records clerk obtained Will West's Bertillon measurements and photograph. Will West denied ever being incarcerated at the facility. The records clerk, having referenced his Bertillon measurements into the system, retrieved the Bertillon card for a William West. Will West denied that the William West card was his. Subsequent investigation disclosed that William West had previously been incarcerated in the facility until September 9, 1901. By examining the photographs, one can see the failure of the Bertillon system. This failure strengthened the science of fingerprints as the normally accepted method of personal identification. The authorities compared their fingerprints and determined that Will West was not the previously recorded William West. The Bertillon system was considered most accurate for 2 decades. In the 1900's a new system of classification of finger ridge patterns emerged, known as fingerprints. Will and William West mugshots and fingerprints DNA Typing DNA as "Blueprint" Although deoxyribonucleic acid (DNA) was discovered in 1868, scientists were slow to understand its role in heredity. During the early 1950s, James Watson and Francis Crick deduced the structure of DNA, ushering in a new era in the study of genetics. Such developments were seemingly of peripheral interest to forensic scientists until 1985, when research into the structure of the human gene by Alec Jeffreys and his colleagues at Leicester University, England, led to the discovery that portions of the DNA structure of certain genes can be as unique to individuals as are fingerprints. According Jeffreys, the chance of two to persons having identical DNA patterns is between 30 billion and 100 billion to 1 DNA as"Blueprint" Deoxyribonuclei acid (DNA) is a chemical "blueprint," which determines everything from our hair color to our susceptibility to diseases. Initially, the process of isolating and reading this genetic material was referred to as "DNA fingerprinting," but currently the term DNA typing is used to describe this practice. In every cell of human that contains DNA, this blue print is identical, whether the material is blood, tissue, spermatozoa, bone marrow, tooth pulp, oг a hair root cell. With the exception of identical twins, every person has Why is it called DNA? The name of DNA is attributed to its structure. They have a sugar and phosphate backbone. The 'deoxyribo' part corresponds to the pentose sugar it is composed of which is bound to its base while the nucleic acid corresponds to the bases and phosphate. What is DNA and its function? Deoxyribonucleic acid (DNA) is a molecule that contains the biological instructions that make each species unique. DNA, along with the instructions it contains, is passed from adult organisms to their offspring during reproduction DNA, or deoxyribonucleic acid, is the fundamental building block for an individual’s entire genetic makeup. It is a component of virtually every cell in the human body. Further, a person’s DNA is the same in every cell. For example, the DNA in a man’s blood is the same as the DNA in his skin cells, semen and saliva. DNA Analysis - In 1988, the FBI became the first public sector crime laboratory in the United States to accept cases for DNA analysis. Since that time, there has been a substantial increase in the number of crime laboratories providing this type of service. In 1988 the FBI became the first public-sector crime laboratory in the United States to accept cases for DNA analysis. Private firms also offer DNA testing, including Orchid Cellmark, with forensic labs in Nashville, Tennessee and Dayton, Ohio Although DNA analysis of blood and other evidence from humans in criminal investigation cases is widely understood and used, there was no application of "genetic fingerprinting" to plant evidence in criminal cases until the 1992 palo verde seedpod case in Phoenix, Arizona. Joggers found the body of a female who had been strangled. At the scene, investigators found a beeper, which led them to a suspect. The suspect admitted that: (1) he had been with the victim the evening she disappeared (2) the victim had been in his vehicle (3) he and the victim had sex However, the suspect also maintained that the victim had run off with his beeper walen maintained to help her to get drugs and that he had not been anywhere near the place the body was found in 15 years. Investigators had found two seedpods from a palo verde tree in the bed of the suspect's truck. A University of Arizona plant geneticist was asked to determine if the seedpods came from a palo verde tree at the scene. The Maricopa County Sheriff's Office collected a total of 41 samples of palo verde seedpods from the crime scene and the surrounding region. The geneticist was able to exactly match the seedpods from the bed of the suspect's truck with those seized from the crime scene as part of the sample of 41 seedpods. Additionally, none of the 41 seedpods exactly matched another. This evidence was admitted at the trial. The defense attacked the evidence, properly arguing that the findings from a study based on 41 trees had substantial limitations and did not establish conclusively that the suspect could have gotten the seedpods only at the crime scene. However, along with other evidence, the testimony given by the geneticist had sufficient weight for the jury to convict the suspect. II-FIREARMS IDENTIFICATION Biometric based personal identification grew as several rival systems. Anthropomorphy lost credibility; Henry's system of fingerprint identification substantially eclipsed Vucetich's, and DNA remains widely used. In contrast, firearms identification moved forward in a series of successive steps In the United States, the frequency of shootings has made firearms identification extremely important. As a specialty within forensic science, firearms identification extends far beyond the comparison of two fired bullets. It includes identification of types of ammunition, knowledge of the design and functioning of firearms, restoration of obliterated serial numbers on weapons, and estimation of the distance between a gun's muzzle and a victim when the weapon was fired. In 1835 Henry Goddard, one of the last of the Bow Street Runners, made the first successful attempt to identify a murderer from a bullet recovered from the body of a victim. Goddard noticed that the bullet had a distinctive blemish on it, a slight gouge. At the home of one suspect, Goddard seized a bullet mold with a defect whose location corresponded exactly to the gouge on the bullet. When confronted with this evidence, the owner of the mold confessed to the crime. Professor Lacassagne removed a bullet in 1889 from a corpse in France. On examining it closely, he found seven grooves made as the bullet passed through the barrel of a gun. Shown the guns of a number of suspects, Lacassagne identified the one that could have left seven grooves. On the basis of this evidence, a man was convicted of the murder. However, any number of guns manufactured at that time could have produced seven grooves. There is no way of knowing whether the right person was found guilty. In 1898 a German chemist named Paul Jeserich was given a bullet taken from the body of a man murdered near Berlin. After firing a test bullet from the defendant's revolver, Jeserich took microphotographs of the fatal and test bullets and, on the basis of the agreement between both their respective normalities and abnormalities, testified that the defendant's revolver fired the fatal bullet, contributing materially to the conviction obtained. Unknowingly at the doorstep of scientific greatness, Jeserich did not pursue this discovery any further, choosing instead to return to his other interests. Gradually, attention began to shift from just bullets to other aspects of firearms. In 1913 Professor Balthazard published perhaps the single most important article on firearms identification. In it, he noted that the firing pin, breechblock, extractor, and ejector all leave marks on cartridges and that these vary among different types of weapons. With World War I looming, Balthazard's article was not widely read for some years. Calvin Goddard (1858-1946), a U.S. physician who had served in the army during World War I, is the person considered most responsible sible for raising fire firearms identification to a science and for perfecting the bullet comparison microscope. To no small degree, Goddard's accomplishments were contributed to heavily by three other Americans, Charles Waite, John Fisher, and Phillip Gravelle working as a team on firearms identification. In 1925, Goddard joined Waite's team and upon Waite's death a year later, Goddard became its undisputed driving force and leader. Like those of many pioneers, Waite's contributions are often overlooked. He had been interested in firearms since 1917, and from 1920 on he visited firearms manufacturers to get data on those manufactured since 1850. Because of Waite, the first significant cataloged firearms collection in this country was assembled. Nonetheless, ultimately it was Goddard who raised firearms identification to the status of a science. OTHER CONTRIBUTORS There are many other contributors to the evolution of investigation and forensic science. For example, in 1910 Albert Osborn (1858-1946) wrote Questioned Documents, which is still regarded as a definitive work. Leone Lattes (1887-1954) developed a procedure in 1915 that permits blood typing from a dried bloodstain, a key event in forensic serology. Although more an administrator and innovator than a criminalist, August Vollmer (1876-1955), through his support, helped John Larson produce the first workable polygraph in 1921. Vollmer established America's first full forensic laboratory in Los Angeles in 1923. In 1935 Harry Soderman and John O'Connell coauthored Modern Criminal Investigation, the standard work for the field for decades until the publication of Crime Investigation by Paul Kirk in 1953. A biochemist. educator, and criminalist, Kirk helped develop the careers of many criminalists.  LESSON 2 General Principle of Investigation In probing towards a case, the objective of the entire investigation would be to ascertain the details of the crime that would eventually lead to the offender's arrest and meet its just punishment. But before this could be achieved, investigators had to go first through the process of discovering and identifying the criminal. Upon the offender's positive identification, law enforcers or investigators go the tedious process of locating the criminal and establish his responsibility over the crime before the court An investigation is a thorough search for facts, especially those that are hidden or need to be sorted out in a complex situation. The goal of an investigation is usually to determine how or why something happened. Criminal investigation, ensemble of methods by which crimes are studied and criminals apprehended. The criminal investigator seeks to ascertain the methods, motives and identities of criminals and the identity search for and interrogate witnesses. It is the collection of facts to accomplish a threefold aim: of victims and may also 1. To identify the guilty party 2. To locate the guilty party What is criminal investigation, an art or science? Criminal investigation is an applied science that involves the study of facts that are then used to inform criminal trials. A complete criminal investigation can include searching, interviews, interrogations, evidence collection and preservation, and various methods of investigation. It is the work of inquiring into something thoroughly and systematically.. there are certain rules that should be followed to conduct a successful investigation and because the pure and applied sciences play an increasingly important role in investigation It is an art because it depends on the skills of the investigator, including interpersonal communication and creativity. That is not always the case. There have been numerous cases of lab-related errors the art form comes into play when the science is applied by humans who can make mistakes. I suppose the word art in this instance is open to interpretation but there definitely is a style involved in a certain investigators approach in relation to the order in which they carry out their sops or any extra assets they may request that may have not been thought of by any other particular investigator. Criminal investigation has both elements. There is a lot of time-honored procedure and science involved in forensics, but there is also the art of interviewing, which takes skill, imagination, and often, creativity. So both science and art play roles in an investigation. It is both an art and a science, it is an art because it involves drawings, sketching, photography audio, and video taking and socialization takes place. It is a science because it involves both qualitative and quantitative research methods, and investigation follows all rules of research. There are things you can learn to do and things you have a talent to do it. While anyone can paint by numbers, a true master can paint a masterpiece that someone who appreciates art will appreciate it as such, while a purely analytical critic will see the symmetrical balance and blending of colors. A great investigator can do amazing things with a strong insight into interview and interrogation, crime scene investigation, human behavior and psychology. Some of these things are an art form and some are purely scientific. Criminal investigation is an artistic science because there is most definitely science involved to a point but you may also have to get creative when it comes to certain types of recoveries or discoveries. There is a theory known as the CSI effect wherein people think that in the course of an investigation the facts are uncovered quickly. The CSI effect is a belief held primarily among law enforcement personnel and prosecutors that forensic science television dramas influence American jurors to want more forensic evidence to convict defendants of crimes. CSI Effect. It also refers to the phenomenon in which jurors hold unrealistic expectations of forensic evidence and investigation techniques, and have an increased interest in the discipline of forensic science because of the influence of CSI-type television shows. While this belief is widely held among American legal professionals, some studies have suggested that crime shows are unlikely to cause such an effect, although frequent CSI viewers may place a lower value on circumstantial evidence. Practices to follow during an Investigation A logical sequence must be followed: 1. Real, physical evidence must be legally obtained 2. Real, physical evidence must be properly stored and preserved. 3. Witnesses must be identified, interviewed, and pre- pared for any potential or actual litigation 4. Leads must be developed. 5. Reports and documentation must be collected 6. Information must be accurately and completely re- corded. 7. Evidence collected must correlate to the claim cause of action, or offense charged Criminal vs. Non Criminal 1. Criminal: jurisdiction of police/government agencies, 2. Non-criminal investigations: involve the investigation of non-criminal incidents or events. Non-criminal investigations may be conducted by the public, police or private investigators. The main difference between non-criminal investigations by the public, police and by private investigators is that police investigations are funded by the government, whereas private investigations are paid for by individual clients or businesses. Reactive Investigation vs. Proactive Investigation Reactive investigation is one that is instigated on the basis of a complaint registered by a victim or client. For example, a person is the victim of a robbery and reports this robbery to the police-the police then conduct a reactive investigation. 2 Types of reactive: 1. The preliminary investigation 2. The follow-up or latent investigation The preliminary investigation is the initial inquiry into a reported crime and is generally conducted by a uniformed patrol officer. Proactive investigations are investigations conducted by the police based on their own initiative. The proactive investigation is designed to catch a criminal in the act of committing a crime, rather than waiting until a citizen reports a crime. The three main types of proactive investigations are: 1. Decoy operations 2. Repeat offender programs 3. Undercover drug operations What is decoy operation? Using the decoy technique, a police officer is disguised as a potential crime victim and placed in an area where he or she is likely to be victimized. While decoy tactics are used in response to particular crime/victim patterns, blending techniques are employed to allow the police officer to move freely on the street. Street crime is defined to include mugging, rape, assault, and murder. Street Crime Unit was composed of carefully selected and specially trained police officers and supervisors. Using plainclothes surveillance, decoy tactics, and statistical analysis for changing deployment, the unit attempted to apprehend suspects in the act of committing a crime. The unit used two techniques in this effort, decoy and blending. Using the decoy technique, a police officer is disguised as a potential crime victim and placed in an area where he or she is likely to be victimized. While decoy tactics are used in response to particular crime/victim patterns, blending techniques are employed to allow the police officer to move freely on the street. The primary objective is to effect quality arrests with no increased danger to police or citizens. The size of a street crime unit depends on the number of officers who can be spared from detective or patrol duties, whether the unit is to be a long-term project, and the type of crime the community wants Repeat Offender Program Repeat Offender Program was designed to increase conviction and incarceration rates for chronic, high-risk offenders. This program was targeted at repeat offenders with extensive criminal histories in Phoenix, Ariz. The primary goal was to prosecute dangerous offenders to the full extent of the law resulting in incarceration, rather than merely arresting and booking. The program also sought to impose longer prison terms for convicted chronic offenders. Program Components Post arrest case management was used to target chronic offenders in the area. A Repeat Offender Unit was set up in the Phoenix Police Department to identify these offenders; their cases were then given special attention in the criminal justice process. This special attention included examining the criminal history and background information of the offender, conducting follow-up investigations, and interviewing witnesses and victims. The information was used to identify chronic offenders and help prosecutors build their cases against them in order to obtain convictions. Undercover operations What is the meaning of undercover operation? It is working secretly using a false appearance in order to get information for the police or government: an undercover police operation Undercover operations may be used where it is possible for a law enforcement agent or other persons to infiltrate a criminal organization to gather evidence. Undercover operations should only be carried out by well- managed and properly trained staff. However, this technique is dangerous and is always the last choice of investigation. To do this technique needs to be carried out carefully and with the permission of the court or a person in authority. Undercover operations avoid detection by the entity the person is observing, especially by disguising that person's identity or using an assumed identity for the purposes of gaining the trust of an individual or organization to learn or confirm confidential information or to gain the trust of targeted individuals in order to gather information or evidence. The person to go undercover probably could be an authority but sometimes another person under the supervision of the authority. The assigned person needs to keep the mission confidential and keep hiding. Undercover operations involve a technique in which person disguises his or her identity for the purposes of gaining the trust of a network or an organization to be able to enter i residence in 1. Acknowledgement of information from duty An undercover agent assigned to do a task in a crime organization or network has a different duty because the duty tis divided clearly. No one can do the duty for someone else. This is the acknowledgement of one's own information from duty. 2. Acknowledgement of information from investigation Acknowledgement of information from investigation in an undercover operation that uses special investigation tools to gain concealed information from the crime organization. However, undercover operations affect a suspect's rights, so the legality of the technique has been considered, including how far it can go before it violates the suspect's rights. It is also important to avoid entrapment. Each country has enacted conditions and rules differently. For instance, the United States of America provides that it must be an illegal incident. To avoid entrapment, the undercover operation must not encourage the suspect to engage in a drug crime that he or she was not predisposed to commit. Thus, law enforcement officers must collect sufficient evidence to prove the suspect has committed drug crimes before the undercover operation started. Such evidence includes the suspect's conduct or prior convictions related to drug crimes. In Japan, there is a condition that undercover operations that need permission with legality. The operation rules must relate to benefits, regulations, and ethics. Nevertheless, the crime operation always associates with other states in the same region. To succeed in undercover operation needs What is the most critical strategy used in undercover drug operations? The most critical strategy used in undercover drug operations is the arrest strategy to be used. This consideration examines the use of a particular type of drug buy (buy-bust or buy-walk. This determination depends on whether or not the suspect is being considered for later use as an informant. Departmental factors also play a significant role in drug case planning. Obviously, some law enforcement agencies have more resources than others, but certain critical factors should be considered. Investigative resources to consider are: 1. Personnel 2. Money 3. Equipment Personnel - Drug investigations require a sizable commitment of human resources, particularly sworn personnel. Multiple officers are required during undercover operations, raids, and surveillance operations. Money - As with many police operations, money is always an issue. Drug investigations, however, require large amounts of cash for drug transactions between undercover agents and suspects, as well as for overtime, investigative expenses, and equipment. Equipment - Drug investigations are becoming increasingly more technical with the introduction of high-technology equipment. Most equipment of this nature is typically used for surveillance operations, but investigators must be aware of what type of equipment is available and which is best suited for the agency's mission. The resources cited earlier represent only a few of the most critical. Others include legal assistance, which should be a required ingredient in any drug investigation. Drug laws are becoming more complex in nature, thereby increasing the opportunities for investigators to make "technical" mistakes during their investigations. If there is any legal question in the mind of the investigator, he or she should always consult a knowledgeable prosecutor for advice before proceeding. The list of potential informational resources is limited only by the investigator's imagination. The investigator should always keep in mind that information on just about everyone is available somewhere (Lyman, 2017). Without criminal intelligence, many crimes would go unsolved. The methods used to gather criminal intelligence, including undercover operations and surveillance, provide law enforcement officers with critical information needed to prosecute suspected criminals. The critical role of criminal intelligence in investigations and the role of an intelligence analyst. Overt vs. Covert Investigation An overt investigation is one that is conducted openly- investigators do not try to hide their true identity or hide the fact that they are conducting the investigation. Most reactive investigations are overt. A covert investigation, on the other hand, is conducted in secret-the investigator tries to hide his identity and the fact that he is conducting an investigation. Generally proactive Basic Police Investigation Five (5) tasks during the preliminary reactive investigation by a patrol officer: 1. Conducts a preliminary search of the area of crime: to determine if the suspect is still present; 2. Renders first aid to any injured parties, 3. Detains, separates, and interviews any possible suspects or witnesses; 4. Restricts access to the area where the crime was committed to prevent the destruction of evidence. 5. Prepares the first written report of the crime, which is generally called an incident or complaint report. Patterns & Leads A pattern is a series of similarities that may link particular cases or indicate that the same person is committing a series of crimes. Leads are clues or pieces of information that aid in the progress of an investigation. Leads can be physical evidence or information received by witnesses or other persons or through surveillances, undercover investigations, and record searches. A lead is anything that can assist an investigator in resolving an investigation. Tips & Theories Tips are leads provided by citizens that aid in the progress of an investigation. Generally tips involve the identity of the suspect (eg. Crime Stoppers) Theories are beliefs regarding the case based on evidence, patterns, leads, tips, and other information developed or uncovered in a case. Theories are important because they direct the investigation. Investigators have to be very careful in building theories about a case, because if the theory is wrong, it may lead them in the wrong direction. Tools of an Investigator in Gathering Facts 1. Information 2. Interrogation/Interview 3. Instrumentation I-Information - is a data gathered by an investigator from other persons, including the victim and the following: a. Public records b. Private records c. Modus Operandi File Information flows more or less continuously from police informants and undercover agents. Wiretapping and other electronic surveillance methods have become extremely important, though subject to legal restraints. Information classified as to sources 1. Regular sources are the records, files from the government or non-government agencies, news items. The bulk of information of this nature is news items. 2. Cultivated sources are information furnished by informants/ informer 3. Grapevine source are information given by the underworld characters such as prisoners or criminals II - Interrogation - is a skillful questioning of hostile witnesses and suspects. It is a process of obtaining admission or confession from those suspects who have committed a crime. It is confrontational in nature which means that the suspect is confronted about his participation in the commission of the offense. The purposes of interrogation: 1. To obtain confession to the crime 4. To learn the identity of the accomplice 2. To induce the suspects to make admissions 5. To develop information which will lead to the recovery to the fruits of the crime NTERROGATION TECHNIQUES Emotional Appeal Place the subject in the proper frame of mind. The investigator should provide emotional stimuli that will prompt the subject to unburden himself by confiding. Analyze the subject’s personality and decide what motivation would prompt him to tell the truth, and then provide those motives through appropriate emotional Sympathetic appeal appeals. The suspect may feel the need for sympathy or friendship when he is apparently in trouble. Gestures of friendship may win his cooperation. Kindness The simplest technique is to assume that the suspect will confess if he is treated in a kind and friendly manner. Extenuation The investigator indicates he does not consider his subject’s indiscretion a grave offense. Shifting the blame The interrogator makes clear his belief that the subject is obviously not the sort of person who usually gets mixed up in a crime like this. The interrogator could tell from the start that he was not dealing with a fellow who is a Mutt and Jeff Two (2) Agents are employed. Mutt, the relentless investigator, who is not going to waste any time because he knows that the subject is guilty. Jeff, on the other hand, is obviously a kind-hearted man. Bluff on a Split Pair This is applicable when there is more than one suspect. The suspects are separated and one is informed that other has talked. Pretense of Physical Evidence The investigator may pretend that certain physical evidence has found by laboratory experts against him. Jolting May be applied to calm and nervous subjects by constantly observing the suspects, the investigator chooses a propitious moment to shout a pertinent question and appear as though he is beside himself with rage. The subject may be unnerved to the extent of confessing. Terms to understand: Interviewer - a person who conducts interview Interviewee - a person being interviewed Interrogator - a person who performs skillful questioning of hostile witness and suspects for purpose of obtaining confession or admission Interrogee - is the subject of interrogation whether a suspect or a victim Suspect - any person associated with the commission of a crime. It may also refer to any person whose guilt is considered on reasonable ground to be a practical possibility. Witness - a person other than the suspect, who is requested to give information concerning an incident. He/she maybe a victim, complainant, an accuser, a source of information and an observer of the occurrence, a examined physical evidence. Interrogation of suspects is one of the most important functions of criminal investigation. In most countries this proceedings is delicate because a confession gained in violation of the suspects' rights can be repudiated in court. Interview - a simple questioning of a person who cooperates with the investigator. a questioning of a person who is believed to possess knowledge that is in official interest to the investigator Basic Assumptions Nobody has to talk to law enforcers. No law compels a person to talk to the police if he does not want to. Therefore, people will have to persuade always with the legal and ethnical limits, to talk to law enforcers. It is the process of eliciting information from witnesses and confidential informants Whenever possible, interview and interrogations should be planned well in advanced and mentally rehearsed. Many interviews will be necessarily brief, and planning is essential to get the maximum information in the minimum time. In whatever stage the investigation may be in, whether in the process of identification, location, or court litigation, the investigator relies heavily on gathered information that could be extracted through techniques of interview and interrogation. With the fast development of technology used in crime investigation, the method of interview and interrogation might be perceived as having of no use. However, investigators still continue to depend on these methods particularly on cases wherein The basic reason for utilizing interview or interrogation is to obtain information. The endpoint would be for the investigator to bring a subject to admit or confess of having done a crime. The objective of the entire course of investigation of course, is to arrive at the truth of the situation specifically with the following: 1. Provoke the guilty to confess 2. Allows the investigator to narrow down the list of sus- pected criminals 3. To identify the facts and know the circumstances sur- rounding the crime 4. To establish the identity of all those who are involved of the crime 5. To gather information that would help locate physical evidence 6. Gather information that would lead to hideouts, crime operations organizations or individuals involved, especially crimes involving drug trafficking 7. Gather information that could be used as reference for future investigation I.R.O.N.I.C. FORMAT The interview of a witness can be described by its acronym ‘IRONIC’ which stands for Identity, Rapport, Opening Statement, Narration, Inquiry, and conclusion. 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 t 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 as 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. III-Instrumentation - Also called as Criminalistics or Forensic Science. It is a scientific examination of real evidence, application of instrument and methods of the physical sciences in detecting crime. This is the use of police laboratory in the examination of the pieces of physical evidences such as: 1. Firearms Identification 2. Fingerprint Examination 3. Questioned Document Examination 4. Photography 5. Polygraphy 6. Forensic Chemistry 7. Physics The Interview and Custodial Investigation Interrogation - is a term that refers to the police questioning you in the context of a criminal investigation. It may or may not be as a part of custody. Custodial interrogation - occurs after the person has been arrested on the suspicion of a crime. On the other hand, an interrogation may occur because a person is being suspected of participating in or in some way involved in a crime, but the police need more information in order to make that determination. That would be a non-custodial interrogation. USTODIAL INTERROGATION/INVESTIGATION is the questioning of a law enforcement officer on a person under custody and otherwise deprived of his freedom or liberty. This is the stage in investigation where there is strict observance of the Miranda Doctrine. this case which entitled Miranda vs. Arizona, is a US Supreme Court Jurisprudence which laid down the constitutional rights of the accused during custodial investigation. It was incorporated in our 1973 Constitution and later in the 1987 Constitution of the Philippines. CONFESSION– is the direct acknowledgement of guilt arising from the commission of a crime. Types of Confession Extra-Judicial Confession – those made by the suspect during custodial investigation. Judicial Confession– those made by the accused in open court. The plea of guilt may be during arraignment or in any stage of the proceedings where the accused changes his plea of not guilty to guilty. ADMISSION – is a self-incriminatory statement by the subject falling short of an acknowledgement of guilt. It is an acknowledgement of a fact or circumstances from which guilt maybe inferred. It implicates but does not incriminate. It is also an acknowledgement that a fact, action or circumstances are true which strongly infer or directly admit guilt but lacks the detail o the elements of the crime. RULES TO BE OBSERVED IN TAKING CONFESSION OR ADMISSION Confession or admission must be taken preferably in writing and under oath It must be written in the language known and understood by the accused, if not it must be clearly translated It must be freely and voluntary given by the accused Under the New Constitution, it must be taken in the presence of competent and independent counsel chosen by the accused. Methods of Identification by witness Verbal description Photographic files (Rogues Gallery) General Photograph Artist sketch (Composite Criminal Illustration) e value of identification by eyewitness depends The ability to observe and remember distinct appearance of suspect; Prevailing condition of visibility; The lapse of time.  What are the procedures of identification by eyewitness? Physical line-up – is a means of selecting a suspect from a group of innocent persons usually composed of seven to ten persons. The purpose of line-up is to eliminate the power of suggestion. 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 CIRCUMSTANTIAL EVIDENCE - facts or circumstances from which, either alone or in connection with other facts, the identity of the person can be inferred. What must be inferred to prove identity by circumstantial evidence? Motive – is what induces the criminal to act Intent –is the result or accomplishment of the act Opportunity –is the physical possibility that the suspect could have committed the crime. It could be inferred from the following: The suspect could have been in the vicinity of the crime scene at the time it was committed. Knowledge of the criminal objective. Absence of an alibi on the part of the criminal. HYSICAL EVIDENCE TO IDENTIFY CRIMINALS CORPUS DELICTI– is the body of the crime or fact of specific loss or injury sustained. It constitutes the essential parts or elements in the commission of the crime. ASSOCIATIVE EVIDENCE – these are the pieces of evidence that will link the suspect to the crime scene. The suspect may leave some clues at the scene such as weapons, tools, garments or prints. TRACING EVIDENCE – articles which assist the investigator in locating the criminal. Stolen goods MODUS OPERANDI is the method of operation by a specific criminal or criminal syndicate. It is a distinct pattern of how a crime is committed and is established by a series of crimes under one classification. The modus operandi of one criminal is distinct and different from the other. It is a criminal trademark, logo or brand name. The Investigator and Essential Qualities of an Investigator Who is an Investigator? An investigator is a professional tasked with uncovering facts and gathering evidence to solve crimes, leading to arrests and prosecution. Purpose of Investigations To bring truth to light and ensure justice is served through methodical examination and inquiry. Roles and Responsibilities of an Investigator Gather and preserve evidence. Conduct interviews with witnesses, victims, and suspects. Analyze information from crime scenes. Collaborate with law enforcement and other agencies. Maintain detailed reports for future legal proceedings. Essential Qualities of an Investigator Integrity Trustworthy, ethical, and committed to upholding the law. Curiosity Naturally inquisitive with a desire to find the truth. Patience Able to endure long, complex investigations without rushing conclusions. Attention to Detail Noticing and documenting even the smallest elements of evidence. Analytical Mind Informers and Informants  Introduction to Informers and Informants Informers: Individuals who provide information about criminal activities to law enforcement, often without being directly involved. Informants: People who are typically involved in or have inside knowledge of criminal activities and secretly provide information to law enforcement.  Types of Informers and Informants Informers Informants  Not part of criminal  Often criminals or organizations. individuals with insider  Usually provide knowledge. information voluntarily  Work closely with law or anonymously. enforcement.  Motivated by civic duty  May cooperate to or monetary reward. reduce their own sentences or for  Motivations for Informers Civic Duty - Driven by a sense of responsibility to prevent crime and ensure safety in the community. Financial Rewards - Compensation for valuable information, often part of reward programs offered by law enforcement agencies. Revenge or Personal Grudges - Informers may provide information to get back at someone or settle personal disputes.  Motivations for Informants Leniency in Legal Cases - Informants may cooperate with law enforcement to reduce charges or sentences in their own legal cases. Financial Compensation - Paid for valuable intelligence that leads to arrests or dismantling of criminal operations. Protection or Safety - Informants may seek protection from law enforcement if they feel  Characteristics of a Good Informant Access to Reliable Information - Knowledge of criminal activities or operations that law enforcement lacks. Willingness to Cooperate - Ready to provide information and assist in investigations. Discretion - Keeping their relationship with law enforcement confidential to maintain their safety and effectiveness..  Role of Informants in Criminal Investigations Key Source of Intelligence - Informants provide critical inside information that helps law enforcement uncover criminal operations. Undercover Operations - Some informants are used in covert operations to gather evidence or infiltrate criminal groups. Assistance in Prosecution - Informants may testify in court or provide testimony that supports law TYPES OF INFORMANTS Anonymous informant – do not wish to be identified. Rival elimination informant – to eliminate competition. False informant – reveals information of no consequence or value. Frightened informant – motivated by anxiety. Self-aggrandizing – hangs about the fringes of the criminals. TYPES OF INFORMANTS Mercenary informant – gives information for a price. Double crosser informant – to get more information from the police. Woman informant – female associate of the criminals. Legitimate informant – operators of legitimate business establishments  Police Intelligence and Secret Service  Development/Evolution of Police Intelligence Early Development of Police Intelligence Origins of Police Intelligence The concept dates back to ancient civilizations where rulers employed spies and informants to gather critical information about threats. Early 20th Century Modern police intelligence began to evolve with the formation of specialized units within police forces, particularly in Europe and the U.S., to counter organized crime and political extremism.  Post-War and Cold War Evolution Growth of Intelligence Agencies: After World War II and during the Cold War, intelligence became more structured with the establishment of formal organizations like the FBI, MI5, and CIA, focusing on both domestic and international threats. Technological Advancements: The rise of electronic surveillance, data analysis, and forensic science significantly enhanced police intelligence operations.  Modern Intelligence in Policing Counterterrorism: Modern police intelligence is a critical tool in preventing terrorism and organized crime. Fusion Centers and Data Sharing: Increased collaboration between law enforcement agencies, both local and international, has strengthened police intelligence capabilities.  Principles of Police Intelligence 1. Objectivity - Intelligence must be impartial and based on facts, avoiding biases or assumptions. 2. Timeliness - Information must be gathered and shared in a timely manner to prevent or solve crimes. 3. Relevance - Intelligence should be focused on clear, actionable information related to police operations. 4. Security - Protecting sensitive information is crucial to ensure the integrity of operations and the safety of informants.  The Importance of Police Intelligence Crime Prevention - Police intelligence helps prevent crimes by identifying potential threats before they occur. Resource Allocation - Intelligence allows law enforcement to allocate resources effectively to areas where crime is likely to occur. Support in Investigations - By gathering information about suspects, police intelligence aids in solving cases more efficiently. Counterterrorism and National Security -  Key Figures in the Development of Intelligence Sir Robert Peel - Founder of modern policing; his principles laid the foundation for modern police intelligence, emphasizing crime prevention. J. Edgar Hoover - As the first Director of the FBI, Hoover transformed it into a highly effective intelligence agency focused on crime and espionage. Allan Pinkerton - Known for founding the Pinkerton National Detective Agency, Pinkerton pioneered many intelligence- gathering techniques still used today in private and public sectors.. Theories and Relative Application of Intelligence in Crime Detection Intelligence-Led Policing (ILP)  A proactive approach where intelligence is the guiding factor in police operations.  Focuses on identifying and targeting high-risk individuals or groups.  Uses crime analysis and intelligence data to make decisions. Rational Choice Theory  This theory suggests that criminals make rational decisions based on opportunities, risks, and rewards.  By understanding the decision-making process of criminals, intelligence can predict and prevent crimes. Situational Crime Prevention Theory  This theory emphasizes reducing crime by minimizing opportunities and increasing the risks of detection.  Intelligence helps identify situations that criminals exploit, allowing police to intervene before crimes occur. Relativity of Intelligence in Crime Detection  Intelligence is used to spot patterns in criminal behavior, making it easier to predict and prevent future crimes.  Through intelligence gathering, police can build profiles of criminals, making it easier to track and  Prepare for your Midterm Examination  Kinds of Intelligence  Types of Intelligence in Police Work 1. Criminal Intelligence - Focuses on identifying criminal activities, behaviors, and networks through data collection and surveillance. 2. Tactical Intelligence - Used to support immediate police operations, such as raids or arrests, by providing real-time information about ongoing criminal activities. 3. Strategic Intelligence - Long-term intelligence aimed at understanding broad patterns in criminal behavior and aiding in long-term planning and 4. Operational Intelligence - Involves supporting specific operations, such as undercover investigations or long-term infiltrations, by providing critical insights into the operational aspects of criminal organizations. 5. Counterterrorism Intelligence - Focused on identifying and preventing terrorist activities by gathering information from domestic and international sources. Steps in the Intelligence Cycle 1. Direction and Planning - Identify the specific objectives, questions, or threats to be addressed by the intelligence process. 2. Collection of Information - Gather raw data from various sources such as:  Informants  Surveillance (physical and electronic)  Open-source intelligence (social media, public records)  Technical means (wiretaps, GPS tracking, 3. Processing and Collation - Organize the raw data collected from various sources into usable formats. This may involve sorting, categorizing, and combining related data. 4. Analysis - Intelligence analysts interpret the processed information, looking for patterns, relationships, and key insights that could be critical for police operations. 5. Dissemination - Distribute the analyzed intelligence to relevant police units or agencies for use in investigations, tactical operations, or strategic planning. 6. Feedback - Law enforcement provides feedback to intelligence units regarding the usefulness and relevance of the intelligence provided, ensuring continuous improvement. Techniques in Police Intelligence Collection 1. Human Intelligence (HUMINT) - Gathering information from human sources such as informants, witnesses, or undercover agents. 2. Signals Intelligence (SIGINT) - Intercepting communications, such as phone calls, emails, or radio transmissions, for gathering intelligence. 3. Geospatial Intelligence (GEOINT) - Using satellite imagery, GPS tracking, and maps to track movements and activities related to criminal activities. 4. Open Source Intelligence (OSINT) - Collecting publicly available information, including social media posts, news reports, and public records, to support investigations. 5. Surveillance - Covert observation of suspects or locations to gather evidence or information related to ongoing or  Crime Scene Investigation CRIME SCENE INVESTIGATION It is the conduct of processes, more particularly, the recognition, search, collection, handling, preservation and documentation of physical evidence to include the identification and interview of witnesses and the arrest of suspect/s at the crime scene.  SOCO (Scene of the Crime Operation) Republic Act 6975 as Amended by Republic Act 8551 (PNP Law). The former law placed the Philippine National Police Crime Laboratory as an Operational Support Unit. The Crime Laboratory established the so-called Scene of the Crime Operation (SOCO) which is field operation. This is now an innovation because the SOCO now gathers all evidence at the crime scene and takes custody of them, marking and tagging What Constitute a Crime Scene? Crime scene can be understood to include all areas in which the criminal, any possible victim and any eyewitness move during the time the crime was committed. The boundaries must be established so that the entire crime scene can be effectively preserved. In some crimes, however, the crime scene GOLDEN RULE AT CRIME SCENE INVESTIGATION Never touch, move, or alter any object at the crime scene unless it has been photographed, measured, and sketched from any conceivable angle. Purpose of Crime Scene Investigation 1.Preservation of Evidence 2.Identification of Suspects 3.Establishing a Timeline 4.Reconstructing the Crime 5.Providing Evidence for Prosecution Methods of Crime Scene Investigation 1. Securing the Scene  Establish a perimeter and restrict access to authorized personnel only.  Prevent contamination or tampering with evidence. 2. Documentation  Record the crime scene through photographs, sketches, and notes.  Create a detailed, accurate record of the scene for 3. Evidence Collection  Gather physical evidence using proper techniques and tools.  Ensure evidence is collected in a way that maintains its integrity. 4. Search Techniques:  Systematically search the crime scene for evidence.  Ensure no evidence is overlooked. 5. Forensic Analysis  Send collected evidence to forensic labs for analysis.  Determine the nature of evidence, such as Duties of the First Responder 1.Ensure Safety 2.Secure the Scene 3.Provide Medical Assistance 4.Document Initial Observations 5.Notify Investigators 6.Preserve Evidence IME SCENE INVESTIGATION PROPER A. Receipt of Briefing and Designation of Command Post Command Post – an area which, is ideally located adjacent to the Crime Scene where the CSI Evidence Custodian stays and receives the pieces of evidence turned over to him for safekeeping by the other evidence collectors. Documentation of the Crime Scene The photographer begins taking photographs as soon as possible. The evidence collectors do not touch or moved any evidence once it is located until it has been identified, measured and recorded. PHOTOGRAPHING THE CRIME SCENE The main objective crime scene photography is to create an accurate objective visual record of the crime scene before any item is moved as possible physical evidence. AJOR TYPES OF PICTORIAL VIEWS General View or Long-Range photograph of the over-all scene. Distance: From the doorway to the room and other corners of the room Mid-Range View Distance: Eight or ten feet from the victim Close-up View – every physical evidence must be photographed in close-up view and for different angles. CRIME SCENE SKETCHES A rough sketch is prepared indicating the actual measurement of things with scale and proportion observed and oriented to the North Pole. All ELEMENTS OF SKETCH Measurement Compass direction Essential items Scale and PECIFIC KINDS OF SKETCHES Sketch of Locality- give picture of the scene, the crime and its environs, including neighboring Sketch of the Ground- picture of the scene of the crime with its nearest physical surrounding. Sketch in Details – the immediate Exploded/ cross scene only. projection – gives the clear impression of the scene in cases where blood stains or bullet YPES OF MEASUREMENTS Rectangular coordinates method – a sketching method that involves measuring the distance of an object from two fixed lines at right angles to each other. Triangulation method – a sketching method that requires measuring the distance of an object along a straight line from two widely separated fixed Baseline method– a sketching method that makes measurements along from a single reference line, called a baseline, which can be established by using a length of string, chalk line, or Compass point method– a sketching method that requires a protractor or some method of measuring angles between two lines. One point is selected as the origin and a line extending from the origin becomes an axis from which the Cross projection method – a sketching method in which the ceiling appears to open up like a lid of a hinged box, with the four walls opening outward. CRIME SCENE SEARCH A crime scene search could only be started after it has been photograph and sketched to systematically look for physical evidence that may prove useful in establishing that a crime has been committed and to determine what method of operation the perpetrator may have used.  METHODS OF SEARCH Strip or Line Search Method – the searchers will proceed at the same pace along the path parallel to one side of the rectangle. Double Strip or Grid Method – is a combination of the strip search and is useful for Spiral or Circular Method – the searchers will follow each other in the path of a spiral, beginning in the outside and spiraling towards the center or vice versa in a clockwise or counter clock-wise direction. Quadrant of Zone Method – the area to be searched is divided into four quadrants and each searcher is assigned to one quadrant. Wheel, Radial or Spoke Method – is applicable for area which is considered to be approximately circular or oval. The area is then divided into six quadrants in a pie-like fashion. PHYSICAL EVIDENCE these are the articles and materials which are found in connection with the investigation and which aid in establishing the identity of the perpetrator or the circumstances under which the crime was committed or which, in general assist in the prosecution of criminal. It embraces any object, living or inanimate, solid, liquid, or gas state. What are the procedures needed for the care of physical evidence? In order to introduce physical evidence in court, three important factors must be considered: The article must be properly identified Chain of custody must be proved The evidence must be material and relevant CHAIN OF CUSTODY It is the number of persons who handled and possessed the pieces of evidence the moment they were collected, marked and tagged, up to the time of the final disposition of the case. Conduct of Final Survey The team leader makes a final review on the crime scene to determine whether or not the processing has been completed. Release of the Crime Scene The release of the crime scene is done if the investigator is satisfied that all pieces of evidence have been recovered. Thus, the investigator must evaluate the items recovered from the results of the interrogations of the suspect/s and the interview of the witnesses. He must bear in mind that upon the formal release of the crime scene to the proper authority, the warrant is already required for his re- entry to the crime scene. Assistance of Crime Laboratory (SOCO)  Duties of the SOCO Team Evidence Collection and Preservation Collect, preserve, and document physical evidence from crime scenes. Ensures that evidence remains uncontaminated and is suitable for forensic analysis. Forensic Analysis Conduct scientific analysis on collected evidence, such as DNA, fingerprints, and ballistics. Provides critical information that can link suspects to crimes and establish facts. Scene Documentation  Create detailed records of the crime scene through photographs, sketches, and notes.  Provides a comprehensive record for later reference and analysis. Expert Testimony  Provide expert testimony in court regarding the analysis and handling of evidence.  Helps in presenting scientific findings in a clear and understandable manner during legal proceedings. Collaboration with Law Enforcement  Work closely with police officers, detectives, and other forensic experts to support investigations.  Ensures that forensic findings are integrated effectively into the overall investigation strategy.  Procedures Conducted by the SOCO Team Arrival and Initial Assessment Assess the crime scene to determine the type of evidence present and the appropriate methods for collection. Evidence Collection Use specialized techniques and tools to gather evidence without contamination. Documentation Document the crime scene thoroughly through various methods. Forensic Analysis Analyze collected evidence in the laboratory using various forensic techniques. Reporting and Testimony The Duties of a First Responder First Responder A First Responder is the first law enforcement officer or emergency personnel to arrive at the scene of a crime or emergency. To secure the crime scene, provide immediate assistance, and prevent evidence contamination or loss.  Key Duties of a First Responder 1. Ensure Safety and Provide Medical Assistance Assess the scene for any immediate danger to themselves or others and provide medical assistance if required. Ensures that lives are saved and that the scene remains safe for investigators and other personnel. 2. Secure the Crime Scene Establish a perimeter to restrict access and control the number of people entering the crime scene. Protects the integrity of the crime scene and prevents evidence from being contaminated. 3. Preserve Evidence Identify and protect any physical evidence, ensuring it remains intact until specialists arrive. 4. Document Initial Observations Take notes on the scene’s condition, potential evidence, witness statements, and any changes that may have occurred. Provides investigators with an accurate account of the crime scene's initial state, helping to recreate the events. 5. Maintain the Chain of Custody Ensure proper documentation and tracking of any evidence collected until the appropriate authorities take over. Proper handling prevents the evidence from being compromised and ensures its admissibility in court. 6. Coordinate with Investigators and Emergency Services Communicate with detectives, forensic teams, and medical personnel, sharing observations and securing the scene. Ensures a seamless transition from first response to investigation, minimizing confusion and disruption. Dos of a First Don’ts of a First Responder Responder 1.Do Ensure Safety: 1.Don’t Disturb the Scene: 2.Do Secure the Scene: 2.Don’t Allow Unauthorized 3.Do Record Observations: Personnel: 4.Do Preserve Evidence: 3.Don’t Make Assumptions: 5.Do Communicate 4.Don’t Contaminate the Effectively: Scene: 5.Don’t Speak to Media or Bystanders: Preliminary and Follow-Up Investigation  First Step to Do by the Investigator on Case First Step by the Investigator 1.Securing the Crime Scene - This step prevents contamination or loss of crucial evidence that may be used to identify the suspect and reconstruct the crime. 2.Assessing the Situation - Helps investigators to prioritize actions, assess resource needs, and develop an initial theory based on the crime scene. 3.Providing Immediate Assistance - While preserving evidence is key, ensuring the safety and well-being of any individuals is paramount.  Steps in a Preliminary Investigation 1.Crime Scene Examination - After securing the scene, the investigator conducts a thorough examination of the crime scene. 2.Interview Witnesses - Begin interviewing witnesses or individuals who may have seen or heard anything related to the crime. 3.Establish a Timeline - Develop an initial timeline of the crime based on evidence and witness testimonies. 4.Initial Report and Case Filing - Compile an initial  Steps in a Follow-Up Investigation 1.Further Evidence Collection - The investigator may return to the crime scene or extend the investigation to new areas as more evidence surfaces. 2.Tracing Suspects and Motives - Investigators work on identifying potential suspects through criminal records, interviews, and forensics. 3.Coordination with Forensic Experts - Continue working closely with forensic experts to analyze evidence and confirm findings.  Importance of Preliminary and Follow-Up Investigation Preliminary Investigation To establish the basic facts of the case, secure the crime scene, and identify initial leads. Sets the foundation for all subsequent investigation activities. The first findings often guide the direction of the entire investigation, helping to identify potential suspects quickly. Follow-Up Investigation To further develop the case by gathering more evidence, pursuing leads, and preparing the case for prosecution. Solidifies the preliminary investigation, ensuring all possible angles are covered. Follow-up investigations often provide the critical pieces of evidence that prove the guilt of the perpetrator. Sketching of the Crime Scene and Crime Investigation Procedures  Analyze the Sequence of Measurement in the Body of Crime Sequence of Measurement in Crime Scene 1.Initial Overview of the Crime Scene - Identify key points of interest like the location of the body, weapons, or other significant evidence. 2.Establish Reference Points - Ensures consistency and accuracy when mapping out distances between objects and evidence. 3.Measure the Distance to the Body - Creates an accurate spatial relationship between the body and the rest of the scene. 4.Measure Significant Evidence - Mapping the exact position of these items helps recreate the crime scene.  Illustrate the Proper Technique in Measuring the Crime Scene Proper Measuring Techniques in Crime Scene 1.Baseline Method - Establish a straight baseline between two fixed points, then take measurements perpendicular to this line. 2.Triangulation Method - Use two fixed points to measure to an object, such as the location of the body or a piece of evidence. 3.Rectangular Coordinates Method - Measure at right angles from two perpendicular walls or fixed objects to locate an item or body. 4.Grid Method - Create a grid over the crime scene and  Importance of Sketching in Crime Investigation 1.Provides a Visual Overview - Helps in reconstructing the events leading up to the crime and understanding its progression. 2.Clarifies Position of Evidence - Ensures that critical details are recorded, which can be used to connect evidence to potential suspects or scenarios. 3.Assists in Testimony and Legal Proceedings - They simplify complex crime scene layouts and help illustrate critical points during legal arguments. 4.Preserves Scene Information - Allows investigators to refer back to the original layout even after the crime scene has been cleared.  Rights of a Person Under Custodial Investigation (RA 7438) What is Custodial Investigation? Custodial investigation refers to the questioning or interrogation of a person in custody by law enforcement authorities after the person has been formally arrested or detained. To gather information or confessions regarding the crime for which the person is being held. RA 7438 (Republic Act 7438: Custodial Investigation) This law, passed in 1992, outlines the rights of persons under custodial investigation and the duties of law enforcement officers during the process. To prevent abuses during custodial investigations and protect the constitutional rights of the accused. Understand the Rights of a Person Under Custodial Investigation Right to Be Informed The person under custodial investigation has the right to be informed of their rights, including the right to remain silent and the right to counsel, before any questioning begins. Ensures that the accused understands their rights and prevents self-incrimination. Right to Counsel The individual has the right to have an independent and competent counsel present during the investigation. If the person cannot afford a lawyer, they have the right to a government-provided counsel. The presence of a lawyer ensures that the individual's rights are protected during Right Against Self-Incrimination The person under investigation has the right to remain silent and cannot be forced to answer questions or give statements that may be used against them. Prevents forced confessions and safeguards the individual's right to a fair investigation. Right to Visitation The person under custodial investigation has the right to be visited by immediate family members, doctors, and religious personnel. This right ensures humane treatment and that the detainee’s health, safety, and emotional well-being are addressed.  Importance of RA 7438 in Protecting Human Rights 1.Preventing Abuse of Power - Prevents torture, coercion, and other forms of abuse 2.Ensuring Due Process - A fair investigation process is essential for maintaining justice and preventing wrongful convictions. 3.Building Trust in the Justice System - Encourages citizens to respect legal processes, knowing that their rights will be upheld.  RA 9745 Anti-Torture Act: Understanding Torture and its Legal and Ethical Implications for Law Enforcement Officials What is RA 9745? RA 9745 Anti-Torture Act - A law enacted in 2009, RA 9745 prohibits and penalizes acts of torture and other forms of cruel, inhuman, and degrading treatment committed by law enforcement or any state official. To protect human rights and prevent abuses of power by government officials, ensuring that all individuals are treated with dignity and respect, even during detention or investigation. Acts that Constitute Torture 1.Physical Torture Examples: Beating, electric shocks, suffocation. Force