Fundamentals Of Criminal Investigation And Intelligence PDF

FJ Fundamentals of Criminal Investigation and Intelligence CRIMINAL May be defined in three different views: CRIMINOLOGICAL SENSE A person may be considered criminal from the time he committed the crime regardless whether or...

FJ Fundamentals of Criminal Investigation and Intelligence CRIMINAL May be defined in three different views: CRIMINOLOGICAL SENSE A person may be considered criminal from the time he committed the crime regardless whether or not it has been reported to the police for investigation. CRIMINAL JUSTICE SENSE One who has undergone the process and went through all the pillars of the Criminal Justice System. LEGAL SENSE A person may be considered a criminal only upon undergoing in the Judicial process and upon determination by the court that he is guilty beyond reasonable doubt. CRIMINAL Etymology of Criminal? Criminal was derived from the Old French criminel, which means despicable, wicked and directly from Late Latin criminalis pertaining to crime from Latin word crimen. Criminal, pertains to an individual who has been found guilty of the commission of conduct that causes social harm and that is punishable by law. INVESTIGATION Literally means the act of careful inquiry or research. Origin of the word INVESTIGATION Latin word: “Investigare/Vestigare or Investigatus” which means to trace or track. “Vestigium” which means footprint “Investigationem” which means searching for Old French: “Investigacion” which means a searching into. INVESTIGATION The PNP defined investigation as an inquiry, judicial or otherwise, for the discovery and collection of facts concerning the matter or matters involved. It is the process of inquiring, eliciting, soliciting and getting vital information, facts or circumstances in order to establish the truth. FJ FJ Criminal Investigation An applied science that involves the study of facts that are then used to inform criminal trials. CRIMINAL INVESTIGATION TRADITIONAL DEFINITION- art which deals with the identity and location of the offender and provides evidence of guilt through criminal proceedings. CONTEMPORARY DEFINITION- Involves the systematic process of identifying, collecting, preserving, and evaluating information for purposes of bringing a criminal offender to justice. LEGAL DEFINITION- It is a branch of jurisprudence that applies the theories, principles, and time-tested practices of philosophical analysis, arts and sciences in judicial and extra-judicial proceedings CRIMINAL INVESTIGATION Investigation therefore refers to searching into either individual or properties. Under the view of PNP, it is the collection of facts in order to accomplish THE THREE-FOLD AIMS: Identify the guilty party; Locate the guilty party; and Provide evidence of his guilt. TRICHOTOMY OF CRIMINAL INVESTIGATION TRAINING Refers to the academic and technical preparations of criminal investigation TOOLS Refers to the devices and equipment used in criminal investigation TECHNIQUE Is more on the unique means and processes applied in dealing with varied crime and incidents. GOALS OF CRIMINAL INVESTIGATION To determine whether a crime has been committed. To legally obtain information or evidence. To identify persons involved (suspect/victims/witnesses). To arrest suspect. To recover stolen properties. To present the best possible case to the prosecutor. FJ FJ IMPORTANCE OF CRIMINAL INVESTIGATION It provides the facts of a crime and provided with solutions. It helps the five pillars of the Criminal Justice System in recognizing and identifying criminal and provided justice to offend party, (as the case maybe), and in promoting social justice. An aid in enforcing the laws and the protection of lives and properties. As a general rule, all crime incidents must be recorded in the official police blotter – is a “18x12’’ logbook that contains the daily registry of all crime incident reports, official summary of arrest, and other significant events reported in the police station. CRIMINAL INVESTIGATOR He is a skilled person who is charged with the duty of conducting criminal investigation when a crime is committed. The SUPERSTAR in the process of investigation. PRIMARY JOB OF AN INVESTIGATOR: To discover whether or not a offense has been committed under the law, after determining what specific offense has been committed, he must discover how it was committed, by whom, where it was committed, when and why it was committed. CRIMINAL INVESTIGATOR Based on the concept of PNP, it refers to a public safety officer who is tasked to conduct the investigation of all criminal cases as provided for and embodied under the Revised Penal Code and Special Laws TRAINING OF CRIMINAL INVESTIGATOR All investigator in any police unit must be a graduate of prescribed investigation course CRIDEC with a rank of at least POLICE CORPORAL (pre-requisite to assignment) The National Forensic Science Training Institute (NFSTI) under the Philippine Public Safety College is the institution that trains uniformed personnel of the Philippine National Police to become a certified investigator. THE LAW OF PNP APPLICABLE IN CRIMINAL INVESTIGATION 1987 PHIL CONSTITUTION, Art 16, Sec 6 “The state established and maintained one police force, which shall be NATIONAL IN SCOPE AND CIVILIAN IN CHARACTER, to be administered and FJ FJ controlled by the National Police Commission. The authority of the local executives over the police shall be provided by law.” RA NO. 4864 The law otherwise known as the police act of 1966 It created the Office of the Police Commission (now National Police Commission). It shall be their duty to preserve peace and order; prevent the commission of crimes; protect life, liberty and property; and arrest all violators of laws and ordinances within their jurisdiction. Approved September 8, 1966 authored by Cong. Teodulo C. Natividad RA NO. 6975 The Creation of BFP, BJMP and PNP under the Department of Interior and Local Government (DILG) Act of 1990. Subsequently dissolving the PC whose officers and rank and file were given the privilege either to join the AFP or the PNP within the period as provided therein. RA NO. 8551 The PNP Reform and Reorganization Act of 1998 which is now the operational law that governs over the PNP. Approved February 25, 1998. RA NO. 7438 An act defining certain rights of person arrested, detained or under custodial investigation. LEGAL DOCTRINES OF CRIMINAL INVESTIGATION EXCLUSIONARY RULE- In 1914, in Weeks vs. USA, the supreme court decided a rule that federal courts may not accept evidence obtained by unreasonable search and seizure, regardless of its relevance to a case. FRUIT-OF-THE-POISONOUS-TREE-DOCTRINE- provides that evidence obtained as a result of an illegal operation must be excluded from the trial (Mapp vs. Ohio, as earlier stated). MIRANDA DOCTRINE- requires that suspect must be informed of their right to remain silent, and to have an attorney present during questioning process. It also mandates that prior to any questioning, the police must inform the suspect of his right: right to remain silent; right to consult with an attorney; and his right cannot be waived except in writing and in the presence of the counsel FJ FJ 1973, PHILIPPINE CONSTITUTION- ARTICLE III, SECTION 20 “No person shall be compelled to be a witness against himself. Any person under investigation for the commission of an offense shall have the right to remain silent and to counsel, and to be informed if such rights. No force, violence, threat, intimidation, nor any means which vitiate the free will shall be used against him. Any confession obtained in violation of this section shall be inadmissible as evidence”. The warning of the right to remain silent must be accompanied with an explanation that anything said can and will be used against the individual in court. This warning is needed in order to make him aware not only of the privilege, but also of the consequences of forgetting it (People vs. Duerto, 104 SCRA, 379, 1981). 1983, MORALES VS. JUAN PONCE ENRILE (GR #61016-17; APRIL 26, 1983; SCRA 538) The ruling in this made it clear that the Miranda warning , as it is generally called, have to made so that a confession can be admitted. Therefore, while upon police custody for investigation, the accused must be appraised of his: Right to remain silent with explanation that anything he might say may be used against him in the court of law; Right to talk to a lawyer, a relative or a friend, and have a lawyer ready and a friend present while he is being questioned; and Right to the appointment of a lawyer, if he cannot afford one. 1984, PEOPLE VS. GALIT- (GR #51770; MARCH 20, 1985) The right to a counsel maybe waived but the waiver, to be valid, must be made with the assistance of a counsel. 1987, PHILIPPINE CONSTITUTION (ARTICLE II, SECTION 12) “Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have a competent and an independent counsel preferably of his own choice. These right cannot be waived except in writing and in the presence of a counsel. FJ FJ ANCIET ROOTS OF INVESTIGATION The Code of Hammurabi ruled from 1792 to 1750 BC Is considered to be the oldest known code of law from the Old Babylonian period. The code is also one of the earliest examples of the idea of presumption of innocence, and it also suggests that both the accused and accuser have the opportunity to provide evidence. It consists of 282 laws, with scaled punishment known as Lex Taliones which means “an eye to eye a tooth for a tooth’’. 5th CENTURY B.C, ROME: Rome created the first specialized investigative unit. It was named as QUESTORS or TRACKERS of MURDERED. Roman civilian accepted the role of quasi police with a sense of civic responsibility, they often made citizen arrest. 6th CENTURY B.C. ATHENS: Unpaid magistrates (judge), were appointed by the citizens to make decisions for the cases presented to them. TIME OF ALFRED THE GREAT In the later part of 19TH Century, England’s king, Alfred the Great established a system of "mutual pledge’’ (social control), which organized for the security of the country into several levels: TEN TITHING - One hundred persons are grouped into one under the charge of a High Constable. TITHING- Ten persons are grouped together to protect one another and to assume responsibility for the acts of the group's members. The one who heads this group is called Tithing Man. SHIRES- The divisions of a specific geographic area. It is being controlled by the king and governed by a Shire-reeve, or Sheriff. TIME OF EMPEROR AUGUSTUS At about the time of Christ, Rome: The Roman Emperor Augustus picked out special, highly qualified members of the military to form the following: PRAETORIAN GUARD - This was considered the first police officers, their job is to protect the palace and the emperor. PRAEFECTUS URBI - Their function is to protect the city. They have both executive and judicial power. VIGILES OF ROME - The vigiles began as fire fighters, they were eventually also given law enforcement responsibilities and they patrolled Rome's streets day and night. The vigiles could be considered the civil police force designed to protect citizens. FJ FJ It is from them that the word "VIGILANTE" came from. 1720’s – History of investigation started in England. It was during the time of JONATHAN WILD - a buckle maker then a brothel operator; a master criminal who became London’s most effective criminal investigator. He was the most famous Thief Catcher in 1720’s for pioneering the logic of “employing a thief to catch a thief”. TWO CLASSES OF EARLY THIEF CATCHERS: Hirelings – whose motivations were mercenary in nature; Social Climbers – who would implicate their accomplices in order to move up the social ladder. 1749, England – HENRY FIELDING a magistrate for Westminster and Middlesex in London, who founded a group of non-uniformed thief catchers attached to the Bow Street Court whose function was to detect and watch criminals. SIR JOHN FIELDING– the blind younger brother of Henry Fielding who took over the control of the Bow Street Court in 1753. This time he called it as the “Bow Street Runner” which was considered as the first privately paid group to follow-up investigation of crime. He initiated the practice of developing paid informants, printing wanted notices, employing criminal raids, and bearing firearms and handcuffs. TIME OF WINCHESTER 1285 A.D., England: THE STATUTE OF WINCHESTER was enacted establishing a rudimentary criminal justice system in which most of the responsibility for law enforcement remained with the people themselves. These statutes or laws were promulgated by Winchester. The Watch and Ward Act Hue and Cry System Parish Constable Keeping weapon at home for family security 1811, France– EUGENE “FRANCOIS” VIDOCQ– a former convict who became a Paris Investigator who introduced the trade protection policy which became the forerunner of the credit card system. 1829, London- SIR ROBERT PEEL (the Father of Modern Policing System), founded the London Metropolitan Police FJ FJ the SCOTLAND YARD BOBBIES. He presented the art and techniques of surveillance such as detectives concealing themselves while discreetly taking photograph and recording conversation. 1835, USA TEXAS RANGERS- was organized as first law enforcement agency with state-wide investigative authority, the forerunner of the Federal Bureau of Investigation (FBI) 1852, USA- ALLAN PINKERTON- became America’s most famous private investigator who was considered as the founder of American Criminal Investigation System. Spearheaded the use of the telegraph, the railroads and photography. He is also credited with establishing the practice of handwriting examination in U.S. courts Credited for perfecting the techniques of Undercover Investigation. 1856, USA-MRS. KATE WARNE- was the first woman detective hired by Pinkerton agency. 1877, England- HOWARD VINCENT- a civilian lawyer who became the head of the Criminal Investigation Department hired by Sir Robert Peel. 1882, France– ALPHONSE BERTILLON- a French Police Clerk who was recognized as the founder of Criminal Identification for introducing the first systematic identification system based on Anthropometry. 1887, England- DR. ARTHUR CONAN DOYLE- was a British writer and physician, most noted for creating the fictional detective Sherlock Holmes and writing stories about him which led to the public consciousness for forensic science. 1891- DR. HANS GROSS, was an Australian Criminal Jurist who published the book “Criminal Investigation” introducing the first comprehensive description of physical evidence in solving problems. Credited in coining the word “CRIMINALISTICS”. Also known as Father of Criminalistics/ Criminal Investigation 1954, USA- DR. PAUL KIRK, one of the best known American Criminalist, headed the Department of Criminalistics at the University of California, USA. 1961, MAPP VS. OHIO- US Supreme Court ruled that “illegally obtained evidence is inadmissible”. The case that established the “Doctrine of the Fruit of the Poisonous Tree”. 1966, MIRANDA VS. ARIZONA- established the rights of a person under custodial investigation. FJ FJ BACKGROUND OF MIRANDA RIGHTS Originated from the American jurisprudence. Mr. Ernesto Miranda, a Latino was accused of KIDNAPPING and RAPE in the state of Arizona. The Arizona police interrogated Mr. Miranda exhaustedly leading to his confession. Based on his confession, he was charged, tried and convicted. Appeal of his conviction was made before the Arizona Supreme Court but his conviction was affirmed. The appeal was then elevated to the US Supreme Court where there was a reversal of the decision and he was acquitted on Constitutional grounds. It was in this case, entitled Miranda vs. Arizona (Ernesto Miranda versus State of Arizona, USA) that the US Supreme Court laid down the constitutional rights of the accused during the custodial interrogation. It was incorporated in our 1973 Constitution and later in the 1987 Constitution of the Philippines. This is known as bas the Miranda Rule, Doctrine, or Warning. THREE TOOLS OF INVESTIGATION INFORMATION INTERVIEW AND INTERROGATION INSTRUMENTATION INFORMATION It is the knowledge of facts which the investigator had gathered from persons or documents, which are pertinent concerning the commission of criminal activities. Psychologist estimate that approximately 85% of our knowledge is gathered through sight, 13% from sense of hearing and only 2% through the three other senses TWO GENERAL CLASSIFCATIONS OF SOURCES OF INFORMATION Open Sources- 99% Close Sources- 1% REGULAR SOURCES Records, files from government and non government agencies, news items CULTIVATED SOURCES Information is furnished by informers or informants. It is gathered upon initiative of the investigator from informants, vendors, taxicab driver, GRO and others. FJ FJ GRAPEVINE SOURCES These are informants coming from the underworld characters such as prisoners and ex-convicts SENSORY FORM 5 senses WRITTEN FORM Affidavits PHYSICAL FORM Physical Evidence PERSONS AS SOURCES OF INFORMATION INFORMANT NET- it is a controlled group of people who worked through the direction of the agent handler. INFORMANTS (ASSET)- people selected as sources of information, which could be voluntary, or in consideration of a price. GENERAL TYPES OF SUSPECT IDENTIFICATION POSITIVE IDENTIFICATION This use information that identifies an individual beyond question and is legally acceptable as pertaining to and originating from a particular individual. Examples are the following: Information developed after comparing questioned with inked fingerprints; Result of DNA analysis of blood and semen TRACING IDENTIFICATION This involves the use of all other information that maybe indicative of the personal identity of an individual. Examples include the following: Description of witnesses as to the appearance of culprits; Information about the presence of a suspect personal belongings at the crime scene. SOURCES OF INFORMATION Government Records - Police files, NBI files, Bureau of Immigration files, COMELEC files, files from the local jails and the National Bureau of Prisons and other government agencies. FJ FJ Private Records - From private offices and business and non- government organizations. Intercepted Messages - From telephones, cellular phones, radio telecommunications and other means of communications. Records of the Firearms and Explosive Unit - Concerning licensed holders of firearms and authorized possessor of explosives. Fire Busting - Tracing the chain of possession of a firearm, from the manufacturer, distributor, seller and to the last processor and possessor. Stored Data on Computers and Cell phones- Only experts must be employed to retrieve these stored data. PERSONS AS SOURCES OF INFORMATION INFORMANT Any person who furnishes the police information relevant to a criminal case about the activities of criminals or syndicates. They provide information to the prober voluntarily without any consideration. INFORMER The person who provides information to the police on a regular basis mainly for purposes of rewards or remuneration. They are either paid regularly or on a case-to-case basis. TYPE OF INFORMANTS Anonymous Informant- one who provides information to law enforcement while refusing to identify himself. Rival Elimination Informant- gives information to eliminate the rival person or gang due to competition or other motives such as revenge. False Informant- reveals information of no consequences or no value Frightened Informant- motivated by anxiety; They are considered as the weakest link in the composition of the criminal chain. Self-Aggrandizing Informant- the kind of informant that moves around the center of criminals and delight in surprising the police about bits of information. Mercenary Informant- sells information. Double-crosser Informant- confesses information as an excuse to talk to the police in order to get more information from them more than he gives. Woman Informant- she uses her body, charm & beauty to obtain information. Incidental Informant- individuals who furnish information with no intention of repeating is services of furnishing information on continuing basis. Casual Informant- individuals who by social or professional position possesses or has access to information to the investigation unit. FJ FJ Automatic Informant- those by virtue of their official positions are expected or obliged to furnish information openly to the investigation. Legitimate Informant- operators of legitimate business establishments. Recruited Informant- individuals that are selected, trained and utilized as covert sources of information concerning specific counterintelligence targets. BASIC TO INFORMANT RECRUITMENT SELECTION to be able to identify and recruit an informant who has access to many criminals in-group or subversive organization. Wide Access is probably the single most important feature in consideration of recruiting the potential informant. INVESTIGATION the investigation of the potential informants that has tentatively identified as a “probable” must be as thorough as possible. It must establish possible existing motives as to this person might assist the police Intel community. If necessary, conduct complete background investigation (CBI) APPROACH approach must be done in a setting from which might include pleasant surroundings, perhaps a confidential apartment, completely free form any probability of compromise, preferably in an adjacent city or a remote area foreign to the informants living pattern. TESTING the testing program should begin, of course, with the limited assignment, with a gradual integration into the more important areas. The occasional testing of an informant should continue through the entire affiliation. FJ