Fundamental Of Criminal Investigation (Coverage-Midterm Exam 2024) PDF

**FUNDAMENTAL OF CRIMINAL INVESTIGATION** What is Investigation? Investigation is the act or process of investigating or the condition of being investigated. It also refers to a search or inquiry for ascertaining facts, detailed or careful examination. Investigation came from the Latin term Invest...

**FUNDAMENTAL OF CRIMINAL INVESTIGATION** What is Investigation? Investigation is the act or process of investigating or the condition of being investigated. It also refers to a search or inquiry for ascertaining facts, detailed or careful examination. Investigation came from the Latin term Investigat, which means \"to inquire or to discover\" during the 5th century. Definitions of Criminal Investigation The following are the modern definitions of criminal investigation: 1\. Criminal Investigation is defined as the collection and analysis of facts/truths about persons, things, places that are subjects of a crime to identify the guilty party, locate the whereabouts of the guilty party, and provide admissible pieces of evidence to establish in the guilt of parties involved in crime (Cael & Agas, 2000). 2\. Criminal Investigation is the logical, objective, and legal inquiry involving a possible criminal activity. The result of the inquiry, if successful, will answer the 5 W\'s (who, what, where, when, why) and the H (how) questions. 3\. Criminal Investigation is a legal inquiry by virtue of a complaint to follow up, examine, trace, track and search, step by step examination or process and meticulous observation, the fact of the commission of a crime, the identity of the actors, and the circumstances attendant thereto, by careful evaluation of all available pieces of evidence to the end that violators of the law be brought to the bar of justice, and the innocent be relieved there from (Sadili & Peña, 1998). 4\. Criminal Investigation is a lawful search for people and things useful in reconstructing the circumstances of an illegal act or omission and the mental state accompanying it. It is the probing from the known to the unknown, backward in time, and its goal is to determine the truth as far as it can be discovered in any post-factum inquiry. 5\. Criminal Investigation is the collection of facts to accomplish the threefold aims: a\. to identify the guilty party; b\. to locate the guilty party; and c\. to provide evidence of his guilt Three Phases of Criminal Investigation 1\. The criminal is identified. 2\. The criminal is traced, located and arrested. 3\. The fact or evidence to prove his/her guilt is gathered for introduction during trial. Goals of Criminal Investigation 1\. To determine whether a crime has been committed. 2\. To legally obtain information or evidence. 3\. To identify persons involved. 4\. To arrest suspects. 5\. To recover stolen properties. 6\. To present the best possible case to the prosecutor. Modes of Investigation 1\. Reactive mode of investigation addresses crimes that already happened or occurred. 2\. Proactive-mode of investigation identifies and arrests Suspects before crime will happen. It is designed to catch a criminal in the act of committing a crime rather than waiting until a crime is reported by a concerned citizen. Is Investigation an art or a science? Investigation is a mixture of an art and a science, Investigation is a science because 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. Investigation is considered as an art because it depends on the skills of the investigator, including interpersonal communication and creativity. Criminal Investigation as an Art Criminal investigation is considered as an art because it is not governed by rigid rules or fixed legal procedures but most often based on intuition (logic and tested knowledge, immediate learning/ consciousness) and sometimes by chance. Most often than not, it is governed by: a\. Felicity/inspiration, b\. Intuition, and c\. Luck. It was Dr. Hans Gross who said that criminal investigation is 95% perspiration, 3% inspiration and 2% luck. This means that investigators should not only depend on inspiration or luck or else they will fail 95% in their investigation. One hundred percent effort must be exerted because inspiration or luck may never come in this way. Criminal Investigation as a Science Criminal Investigation is a science because it involves the application of knowledge of forensic sciences in the process of identifying, locating, collecting, processing, and/or evaluating physical evidence. PURPOSE OF CRIMINAL INVESTIGATION 2\. To know the truth 3\. To know the motive Police investigator must have to understand the deeper meaning of the General Principles of Crime Investigation for his/her knowledge on this particular subject matter will help him/her in performing his/her investigative duties and responsibilities. Basically, Investigator in the performance of their duties, they must seek to establish the six (6) cardinal points of investigation, namely: a\) WHAT specific offense/crime has been committed; b\) WHEN the crime/offense was committed; d\) WHERE the crime/offense was committed; e\) WHO committed the crime/offense; f\) HOW the crime/offense was committed. The law enforcement and correctional professional must remember that there is no place for opinions on a written document. Every person has an opinion; however, professionals know when and where not to share their opinions. On formal documents, such as reports, report the facts only. You are not Judge or Jury. Your job is to report the facts; therefore, allow the Judge or Jury to reach conclusions. Rule to Remember: Reports should include the following essential components: 1\) WHO ➤ Who is the victim? ➤ Who are the witnesses? ➤ Who is the suspect? 2\) WHAT ➤ What type of offense has been committed? ➤ What is the classification of the offense (felony, misdemeanor)? ➤ What happened? 3\) WHEN ➤ When did you arrive? When did the offense take place (date, time)? ➤ When was the crime first discovered? 4\) WHERE ➤ Where was the offense committed? ➤ Where is the specific address of the area? ➤ Where is the suspect? 5\) WHY ➤ Why did the suspect commit the offense? ➤ Why was the victim involved? ➤ Why was the offense reported? 6\) HOW ➤ How was the offense committed? ➤ How many items were stolen? ➤ How many victims, witnesses and suspects were involved? Likewise, as Public Safety Officers, you need to master and know by heart the steps and procedures in - d\) How to prepare the investigation report; and e\) How to testify and present physical evidence in court. It is therefore mandatory for all of us to know and internally exercise these general principles of criminal investigation for the interest of justice and equity. GOALS OF CRIME INVESTIGATION: a\) Determine if a crime has been committed; c\) Arrest the suspect(s); d\) Recover stolen property; and e\) Present the best possible case to the prosecutor. MIND SET OF THE INVESTIGATOR: A Public Safety Officer assigned as an Investigator is a person who possesses all the basic attributes of good investigator and must be both equipped with the theoretical and practical knowledge and understanding of the general principles of crime investigation as well as the various steps and procedures in the preservation of the crime scene. The modern day investigator must be as diverse as the crimes that face him or her. The investigator\'s mind set is the key to success. The crime investigator must be creative to defeat all attempts at preventing the investigations from continuing. He or she must be a problem solver and must be able to see beyond their station. The investigator must face challenges as a game and must be determined to win. ROLE OF THE INVESTIGATOR: The investigator has the responsibility to investigate those crimes that are brought to his attention by whatever means available. The normal investigation has two (2) stages: a\) Preliminary Investigation; and b\) Follow-up Investigation. In each stage, the investigator must pay close attention to the facts and make critical decisions that will affect the duration and impact of the case. The investigator must always look for patterns and motivation for the crimes no matter what stage he or she in. CRIME INVESTIGATOR: The crime investigator collects evidence to identify and locate a perpetrator and gathers enough evidence to arrest and convict the subject involved. The tools used by the investigator are diverse, and one never stops finding new ways to uncover facts that will help. Four basic tools used by the investigators to uncover facts about a given case are: a\) Source of Information; b\) Interrogations and Interviews; c\) Observation; and d\) Background Investigation. CHARACTERISTICS OF INVESTIGATORS: Knowledge of the Fundamentals of and Methods of Crime Investigation is essential for the persons who are preparing for assignments investigation. In addition, investigators must develop a number of professional characteristics in order to perform their duties effectively. They must be suspicious of that what is obvious and take nothing for granted. Investigators should be curious of and investigate such things as spontaneous statements of the suspects or sudden wealth of a person of usually modest means. They must develop and make full use of five (5) senses sight, hearing, smell, touch and taste and become trained observers. Also essentials to investigators is an unbiased and unprejudiced mind. The use of patience, courtesy, sympathy, and empathy when dealing with victims, witnesses will help establish rapport. The use of reason in making decisions and conclusions is also an essential characteristic, as is dedication, industriousness, innovativeness, perseverance and the use of intuition. In conclusion, investigators must be loyal to the ethics of law enforcement and constantly strive to maintain the highest professional standards. DEFINITION OF TERMS: 1. Investigation- it is the process of inquiring, eliciting, soliciting and getting vital information/facts/circumstances in order to establish the truth. 4\) Suspect or Suspects- individual(s) who is/are pointed to be by the victim(s) and GENERAL PHILOSOPHIES IN OBSERVING THE CONDUCT OF CRIMINAL INVESTIGATION: a\) Master the General Principles, Purposes and Aims of Criminal Investigation; b\) Interiorized the Elements or Circumstances of every crime involved; c\) Truth is Your Goal and Honesty is Your Seal; d\) Respect for Human Rights, Values and Constitutional Rights of Others; and e) Justice is Your Symbol and Service is Your Life Principle. 1\. INFORMATION - data gathered by an investigator and other person including the victim himself and from:             (II) Private records             (III) Modus operandi file While there is no formula to determine the reliability or unreliability of an informant, the investigator must be guided by the technical science jargon of "garbage in, garbage out". Most often, the investigator takes official cognizance of the crime only after its commission. Seldom is a crime committed in the presence of the investigator. Thus, alternative recourse of the investigator is to resort to primary and secondary sources which may be categorized. Primary Source -refers to informants who can testify only to those facts which he knows, that is, which are derived from his own perception. Example: Eyewitness, victim, offended party and co-conspirator. Secondary Sources -- Refers to informant whose declaration is within the domain of the hearsay rule, hence, inadmissible.With this purview, the investigator must be conversant with the qualification and exclusionary rule on informant. Anybody can be informant, but not all informants are competent or their declaration relevant and material to the case at bar. For the solution of the crime is not anchored on sheer number of informants but on the weight of the testimony of witness in accordance with the rule. Can Informant be a Witness?? Informant per se is not a witness in contemplation of the rules, therefore, his statement is hearsay and not admissible in judicial proceeding. Similarly, the declaration of an asset falls within the province of hearsay rule and likewise exclusionary. Hearsay evidence means all evidence which are not found upon the personal knowledge of the witness from whom it is elicited. DEFINITION OF TERMS: a\) INFORMATION- as the first tool of investigation, can be the launching pad that will chart the course or destiny of the investigator in his quest for the solution of the crime. For the reliable information may lead to the discovery of the missing piece that can complete the jigsaw puzzle of the crime OR Information is the data gathered by the investigator from other persons including the victim himself/herself and from **public records, private records and modus operandi files** (style or mode of committing crime). b\) Informant/s any person who furnishes the police an information relevant to a criminal case about the activities of criminals or syndicates. The informant may openly give the information or offer himself to be a witness. The other kind is the one who furnishes the police an information surreptitiously and opts to remain anonymous. c\) Confidential Informant is a person who provides the police with confidential information concerning a past crime or a projected and planned crime. He does not want to be identified as the source of information. Under the law, these informants are protected and their identity could not be revealed by the police even under the order of the Court unless on exceptional case where there is a claim of the defense that the informant framed up the accused. HOW TO ACQUIRE AND SECURE INFORMATION: Information is the knowledge which an investigator acquire from records and persons. The ability to secure information is a major asset of an investigator. This ability is attained and developed in the following ways: 1\) By using tact in the performance of duty; 2\) By becoming acquainted with many kinds of people; 3\) By getting and being friendly with other peace officers of the area; 4\) By making a habit of jotting down and keeping permanent records of potential and actual offenders and informers as to their aliases, places of residence, hangouts, habits, police records, etc.; and 5\) By learning not to overlook chance memoranda or haphazard notation. Records employment records public and private records, modus operandi file as a means of discovery and identification of suspects and witnesses as well as source of evidence and additional leads. Documents in particular bank transactions, such as encashment of fake and/or forge checks, withdrawal slip, passbook, specimen signature card, affidavit of real payee, return slip, blue paper-schedule of receipts of collection items, deposit alip,. etc. Persons Information acquired from regular sources, such as conscientious and public, spirited citizens, cultivated sources, such as informants or employees in general. The extent as which the two (2) kinds of information is applied varies. **The French**, for example relies heavily on paid information while **the English** has little provision on paid information. The Philippines relies on both French and English Systems. **Information may likewise be obtained through:** 1\) Physical Surveillance; 2\) Stake outs; 3\) Undercover operatives and confidential informants; 4\) Technical surveillance such as electronic eavesdropping. Surveillance is one of the most important tools of the investigation. Surveillance serves several purposes, such as: Obtaining evidence; ➤ Supply the basis for a search warrant; Determine the activities and contacts of suspects; and catching the criminals in the act. There are moving surveillance and fixed (stationary) surveillances. They can be discreet (or \"loose\"), in which the shadow takes no chances on being \"burned\" or \"made\" (discovered), even at the cost of losing the \"tail\" they can be tight in which he stick with his man whatever happens. Normally, the \"tail\" will be somewhere between these extremes the investigator will stay fairly on his subject yet try to avoid being discovered. **DEVELOPMENT AND CONTROL OF INFORMANT:** Need of Informants: 1\) Informant increases accomplishments in all areas of investigation; 2\) Without informants, investigator\'s source of information is limited to what he gets through interview; 3\) Informant enable the law enforcers to infiltrate the criminal elements and help lower criminal morale. Advance information improves crime prevention and enables the police to find out the identity or transient hoodlums, and 4\) Informants are investigative \"short cut\" to solve cases, to recover stolen property, and to make apprehensions. How to Develop Confidential Informants: 1\) Constant Need; 2\) Evaluation of the individual being considered as informant; and 3\) Basic Considerations. Use of Informants: 1\) Maximum Benefits Informant should be used for the maximum benefit of the entire organization, and not of only one officer or investigator; 2\) A designated executive should be aware of the identity of the informant. At least two (2) individuals in the law enforcement agency should know the identity of a confidential informant; and 3\) Consider a program within your respective commands for the development of the informants. SAFETY FACTORS WHEN DEALING WITH INFORMANTS: a\) Never trust informants; b\) Use informants to gather information when it is to dangerous to use officers; c\) Expect informants to embarrass you and your department. Guard against this; d\) Expect informants to \"double dip\" with other agencies; 2.INTERVIEW and INTERROGATION a). INTERVIEW -- is a simple inquiry/conversation-type elicitation of information from a willing victim(s)/witness(es) relevant to certain crime/incident/event under investigation. INTERVIEW- is also the questioning of a person believed to possess knowledge that is of official interest to the investigator. BASIC ASSUMPTIONS: Nobody has 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 be persuaded, always within legal and ethical limits, to talk to law enforcers. This make an interview an art. b.) INTERROGATION- is the questioning of a person suspected of having committed an offensive or of person who is reluctant to make a full disclosure of information in his position which is persistent to the investigation. PURPOSE OF INTERROGATION: a\. To obtain information concerning the innocence guilt of the suspect. b\. To obtain confession to the crime from a guilty suspect. c\. To induce the suspects to make admissions. d\. To know the surrounding circumstances of a crime. f\. To learn the identify of accomplices. g\. To develop additional leads for the investigation. h\. To discover the details of any other crime in which the suspect participated. INTERROGATION TECHNIQUES: a. EMOTIONAL APPEALS- 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 personality and decide what motivation would prompt him to tell the truth, then provide those through appropriate emotional appeals. b. SYMPATHETIC APPROACH- the suspect may feel the needed for sympathy of friendship. He is apparently in trouble. Gesture of Friendship may win his cooperation. c. KINDNESS -- the simplest technique is to assume that the suspect will confess if he is in a kind or kindly manner. d. EXTENUATION- the investigator indicates he does not consider his subjects indiscretion to grave offense. IDEAL ROOM- (No Distraction) 1.SIMPLICITY -- No object to the distract them. 2.PRIVACY - No one heard the investigation. A\) INTRUMENTATION- Scientific examination of real /Physical evidence; application of instrument and methods of the physical sciences in detecting crimes. DEDUCTIVE LOGIC -- Logical progression of events from the general to specific: PHASES OF CRIMINAL OF INVESTIGATION PHASE - IDENTIFICATION OF CRIMINAL 2.Testimonies or identification by eyewitnesses. 3.Identification based on evidence. 4.Identification by modus operandi.. CONFESSION OR ADMISSION OF CRIMINALS ADMISSION- (Statement of facts)- Applied in criminal cases which do not directly involved an acknowledgement of guilt or criminal intent. CONFESSION -- ( Statement of guilt)- Declaration of an accused expressly acknowledges his guilt. KINDS OF CONFESSIONS: 1.Extra- Judicial confessions -- Outside of the court (like During PI) 2.Judicial confession -- Inside the Court. CUSTODIAL INVESTIGATION Shall refer to the stage where the investigation conducted by the law enforcers is no longer a general inquiry into an unresolved crime and has begun to focus on a particular suspect who had been taken into custody by law enforcement officers who carry out a process of interrogation that lends itself to eliciting incriminating statements. It shall also refer to instances when suspect is taken into custody or otherwise deprived of his/her freedom of action in any significant manner. Custodial investigation -- also include any questioning or probe involving a person "invited" by a law enforcement officer in connection with an offense he/she is suspected to have committed. It is an investigation of a suspect arrested without a warrant as such the police is duty bound to file a case against him within the reglementary period.( 12-18-36 and 72 hours)\] TWO STAGES OF POLICE INVESTIGATION Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and signed by such a person in the presence of his counsel or in the later's absence, upon a valid waiver, and in the presence of : 1.Any of the parents; 2.Elder brother or sister, 3.His spouse, 5.The municipal judge, 7.Or priest or minister of the gospel as chosen by him; Otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding. (para c, Sec1)