Special Crime Investigation PDF
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Summary
This document provides an overview of special crime investigations, including definitions, procedures, and key concepts. It discusses the theory of investigation, and various aspects such as investigation methods, interrogation techniques, types of evidence, preservation, and the use of instruments.
Full Transcript
Special crime investigation. PRELIM **MODULE 1: CICOSAT Vision :** The CICOSAT Colleges envisions itself to be nationally recognized as an educational institution with excellent, globally relevant academic and technological programs committed to producing highly skilled and competent professional...
Special crime investigation. PRELIM **MODULE 1: CICOSAT Vision :** The CICOSAT Colleges envisions itself to be nationally recognized as an educational institution with excellent, globally relevant academic and technological programs committed to producing highly skilled and competent professionals who are morally upright, productive, service-oriented and empowered leaders. **Mission:** Guided by its philosophy, vision and commitment to educate the youth and people of the Ilocandia, the CICOSAT COLLEGES is committed to provide affordable and excellent instruction and training in the various disciplines, meeting national and international standards, to engage in the generation, transmission and advancement of knowledge through research, and to create opportunities for public service through a sustainable community extension programs. **"There is no perfect crime but there is only imperfect investigation".Explained.** **"Table Investigator VS True Blue Investigator"- Explained.** **Investigation- Refers to the collection of facts to accomplish the three-fold aim : a. Identify the suspect b. Locate the suspect c. Provide evidence of his guilt.** **"THE FRUIT-OF-THE-POISONOUS-TREE DOCTRINE**: This provides that evidence obtained as a result of an illegal operation must be excluded from trial.**"** **THE MIRANDA DOCTRINE:** This is the ruling which requires that suspects must be informed of their right to remain silent, and to have an attorney present during questioning process. This doctrine mandates that prior to any questioning, the police must make known to the suspect that: - He has the right to remain silent - that anything he says can and will be used against him in the court of laws; - He has the right to hire and consult with an attorney, and to have his counsel present during questioning - and if he cannot afford to hire an attorney, one will be appointed to represent him before any questioning, if he wishes one; and - He cannot waive these Miranda rights except in writing and in the presence of a counsel. **TERMINOLOGIES:** **Special Crime Investigation:** One aspect of criminal investigation that involves inquiry on crimes punishable by special laws. It covers also investigation on cold cases. **Criminal Investigation** is the systematic process of identifying, collecting, preserving, and evaluating of information for the purpose of bringing a criminal offender to justice (Gilbert) - *Based on Systematic Plan*: Successful investigations are based upon systematic plan which proceeds in an orderly and logical manner, without such a plan, relevant and highly significant evidence maybe overlooked, evidence maybe improperly or inefficiently gathered and wrong conclusions maybe drawn. - *Deals with Information*: Everything generally thoughts of as evidence relating to a crime is information subject to use. **Arrest**- is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. **Search and Seizure-** is a procedure by which the police or law enforcement officer who suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime for future court battle. **Raid- Is an unexpected visit by the police or other law enforcement officer with the aim of using the element of surprise in order to seize evidence to be presented in court.** **-Surprise attack or invasion of a place, building or facility to search contraband and effect arrest of target wanted personalities.** **Custodial Investigation- Any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his liberty subject to the provisions of RA 7438 or the custodial rights of the accused.** **Information: The general term referring to the knowledge acquired by criminal investigators from various sources; the aggregation of news, circumstances, conditions/situations, media reports, and intelligence summary** **Confession: this is an expressed acknowledgement by the accused in criminal cases of the truth of his guilt as to the crime charged or of some of the essential part thereof. There is no implied confession for it is positive and direct acknowledgement of guilt. It is the best means of identifying criminal.** **Instrumentation: Can be defined as the application of instruments and methods of physical sciences to detect and investigate crimes. It is the sum total of the application of all arts and sciences in crime detection and investigation.** **Interview-** T**he [simple and friendly] questioning of a willing person who possess knowledge or information that is vital in the investigation process; - element of willingness exist (subject can talk freely)** **Interrogation- is the aggressive and confrontational questioning of a person about his participation in a crime. It is a formal questioning whereby aggressive and accusatory questions can be asked to the subject. It refers to the questioning of suspects, culprits, offenders, or perpetrators of a crime. In practice, it can be used in questioning hostile witnesses.** **Evidence: Is a means sanctioned by the Rules of Court of ascertaining in a judicial the truth respecting a matter of fact.** **Chain of Custody of Evidence: Is the chronologinal documentation of paper trail that records the sequence of custody, control, transfer, analysis and disposition of materials including physical or electronics evidence from the time of discovery until it finally reach the court.** **Witness- Any person who can perceive and by perception can relay, express or describe his perception to others.** **Crime- Is an act or omission in violation of public law ( RPC) forbidding or commanding it.** **Crime Scene- The physical location where a crime has been committed.** **CSI- The process of recognizing, searching, collecting, preserving, and documenting physical evidence at the crime scene. It covers the process of identifying and interviewing witnesses and/or victims at the crime scene, including on-the-spot arrest of suspects. There are two primary objectives of crime scene investigation - to establish what happened and to identify the responsible person/s.** **Collection:** **This is the act of gathering those identified data or facts or physical things that are significant to the case under investigation. Collection maybe done by scrapping the bloodstains found at the crime scene, interviewing the neighbor who saw the burglary or examination of drug dealer's bankbook.** **Preservation: This is a function that is continuously performed during the collection stage. It includes act of keeping the collected evidences in their true and original form. Preventing contamination or destruction of its substantive value. Preservation does not only involve the process of packaging physical evidences in order that they can be safely transmitted to the evidence custodian or to the crime laboratory. It covers the process of maintaining the objectivity of facts or information that has been gathered from the testimony of witnesses, victims or other persons involved in the criminal case.** **Evaluation: This is the process of determining the probative value of collected evidences. Probative value refers to the strength of the evidence or its worth in successfully establishing a proof that a crime has in fact been committed and that the suspects/accused is the one who is responsible for it.** **6 Cardinal Points of Investigation: While performing his duties, the investigator should be able to ascertain the 6 cardinal points of investigation, which are as follows:** - **WHAT specific offense has been committed -- name of crime** - **WHO committed it - suspects** - **WHERE was the offense committed -- crime scene** - **WHEN was it committed -- date and time** - **WHY was it committed -- motive and intent** - **HOW was the offense committed -- modus operandi** **Golden Rule in Crime Scene Search-** - **"Never alter the position of, pick up or even touch any object before it has been minutely described in an official note and photograph taken"** - **CRIMINAL INVESTIGATION MANUAL** - **"Do not touch, alter, move, or transfer any object at the crime scene unless it is properly sketched, marked, measured and photographed."** **Stages in Criminal Investigation:** - **Preliminary investigation, also known as initial investigation, which is focused in identifying the perpetrator/s (or criminal suspects).** - **Follow-up investigation, also known as continuing or in-depth investigation, which is focused on tracing, locating, and eventually arresting suspects.** - **Concluding Investigation also called final investigation, which is focused in evaluating and presenting evidence to prove the criminal guilt of the accused.** **Standard Methods of Recording Data:** - **Taking photographs** - **Sketching the crime scene** - **Taking down notes** - **Developing and lifting latent prints found at the crime scene** - **Gathering physical evidence** - **Plaster casting** - **Tape recording of sounds** - **Video tape recording of objects** **Stages of Crime Scene Investigation:** - **Preservation of the Crime Scene (locus criminis) - determine the Crime Scene Boundary -- necessary to determine the primary crime scene and the secondary crime scene** - **Processing of the Crime Scene** - **Documentation: record -- photograph -- sketch** - **Crime Scene Search: search for physical evidences (objects, body fluids, impression)** - **Marking/handling/tagging of physical** - **Preservation of Physical Evidence - observe proper [chain of custody] and security in transmitting evidences** **Dying Declaration: Is the declaration of a dying person, made under the consciousness of an impending death, maybe received in any case wherein his death is the subject of inquiry, as evidence of the cause surrounding circumstances of such death.** **Is a statement made by the victim of homicide and is admitted on the theory that a man who is convinced that he is going to die is not in a condition to invent a story to prejudice the accused.** **Extra-Judicial Confession- is a confession made outside the court following the parameters of admissibility of evidence. Usually the result of confession during interrogation by the law enforcement.** **Judicial Confession- Confession done by the accused inside the court usually during the arraignment stage or at any stage of the court proceedings.** **Interrogation: Interview:** **1.Applies to suspect and witness who refused Applies to witness who is cooperative** **to cooperate** **2. Needs counsel for the enterrogee No need for counsel** **Prepared by:** **Checked by:** **PLTCOL JOEL P LAGTO,MPA Gilbert Sali-ot/ JOSE RONY T. FORRO,PhD** **NAME OF INSTRUCTOR NAME OF PROGRAM HEAD/DEAN** **Endorsed for Approval by:** **NORMA MARIA P. RUTAB, Ed. D. Approved by:** **ACADEMIC AFFAIRS OFFICER JACQUELINE ABELLA-DACIEGO, PhD** **School President** **Delta** 1 **4BAD, BENHAR RAMOS** ---- --------------------------------------- -- -- 2 **ABUAN, JOSIE MAE MARZAN** 3 **ACOSTA, DARWIN OGALE** 4 **AGTARAP, ALDRIN RAMOS** 5 **ANCHETA, JAM MOAH KEN FERNANDEZ** 6 **AQUINO, MARK ANDREW -** 7 **BELTRAN, SWEETCEL CALDERON** 8 **BORJA, VINCENT ARCHIE MAMARIL** 9 **CAMACHO, SONDEN LESTER A** 10 **CARIASO, MARK DARREN BARTOLOME** 11 **DACUMOS, MICHAEL JOHN CABALLERO** 12 **DE LA ROSA, RICKY NA** 13 **DELA CRUZ, MA. APRILYN I** 14 **DELFIN, REGGIENALD ARGOTE** 15 **DIMOG, REINHARD MOEN DALE ESTACIO** 16 **FERRER, ANA LEA CATBAGAN** 17 **FONTANILLA JR, JOEL L** 18 **GABERTAN, RASHED MACAPAGAL** 19 **GALVAN, JESICA ESTIPULAR** 20 **GRAMONTE, MARCO BARBERAN** 21 **GRANDE, JOHN PAUL MAYO** 22 **GUILLERMO, MARK JAY L** 23 **HUFANA, JOHN CARLO CASTILLO** 24 **IÑIGO, CHARI LLOYD** 25 **LACONSAY, PRINCESS JERICA APILADO** 26 **LAPITAN, HELDRIX DUCUSIN** 27 **LAZAGA, LEOBERT NARES** 28 **LEDDA, EMERSON JR MENDOZA** 29 **LOPEZ, KENNETH ATEBBA** 30 **MACADAEG, JOHN ARVIN HORTIZUELA** 31 **MANGAOANG, NEIL JUSTINE MANZANO** 32 **MAQUI, CLEVIN KING R** 33 **MARZAN, SHIELA DEL ROSARIO** 34 **MINA, SHAIRA MAE A** 35 **MONIS, PIOLO CABUSAO** 36 **MORALES, CARL VINCE MANZANO** 37 **MORALES, VINCENT M** 38 **MUECA, KIMBERLY CASTILLO** 39 **NARCISE, STEPHEN ROY SABADO** 40 **ORPIA, ROLLY JR ROLDAN** 41 **PUCAY, JEFFREY RAMOS** 42 **PULMANO, Daisy LOPEZ** 43 **RODRIGUEZ, JOHN KHALEZ CASANOVA** 44 **SAMBRANO, CHRISTIAN BANG-OTAN** 45 **SIBAYAN, JOHN IVAN JOSE** 46 **TEJADA, LEONAH DAVE NERONA** 47 **VALDEZ, JAMILLE GAYE CASTAÑEDA** 48 **VERGARA, JHANSSEN IVAN PASCUA** **BRAVO** 1 **AC OSTA, MARC HERON BELTRAN** ---- -------------------------------------- -- -- 2 **AMANO, EVANGELLEN LOURDES CACCAM** 3 **BALAO, JOHN-RAY ONTOY** 4 **CASTILLO, JOHN ROMEL V** 5 **COLOMA, ERIC JOSHUA VIDAÑA** 6 **CORPUZ, VANESSA ESTIOCO** 7 **DE CASTRO, RHEA MAE L** 8 **DELOS REYES, KARL ANGELO GARCIA** 9 **DEPDEPEN, CRISTAL BALTAZAR** 10 **DIAMANTE, DAN FLORES** 11 **EVARISTO, KHEVIN NAVARRO** 12 **FELICIANO, BRIAN BUCSIT** 13 **GAGUI, STEPHANIE JIMENEZ** 14 **GAGUI, KERVIN RHOD MONIS** 15 **GAGUI, KERWIN MHAR MONIS** 16 **GENOVE, MARK ARTHUR ALVIAR** 17 **GURAY, AUBRAY VALDEZ** 18 **HACHILES, KIM ALYSSA NAVALTA** 19 **LADIA, JESSICA ANNN V** 20 **LADIA, ROMEL L** 21 **LAUNOR, ETHIEL ESTRADA** 22 **LUBRICA, ARNEL D** 23 **MALAWUM, CHRISTINE JOY F** 24 **MARZO, TROJAN HERCULES JAVIER** 25 **MIRANDA, JOMAR HIANGAM** 26 **MONIS, CHRISTIAN MHEL LEONEN** 27 **MORAL, REDDEN C** 28 **MOSTER , CHRISLAINE MORGATE** 29 **NAVA, ARMIE SANTOS** 30 **NISPEROS, MARLOU JAMES M** 31 **OCNING, JEFFERSON LANGEO** 32 **OLAIS, MARC CJ OLBINADO** 33 **ORDINARIO, ROSEMILYN CABONOT** 34 **ORDINARIO, PRINCES AIRA ESTRADA** 35 **ORODIO, JERWIN NATALIO** 36 **ORPIA, GEORGE LIMGAS** 37 **PANIT , GLYIUILYN ABILANES** 38 **PERALTA, FRANCIS JOSHUA ADVIENTO** 39 **RAGUINDIN, JOAIRA ORDINARIO** 40 **ROMERO, JASLYN L** 41 **ROSARIO, JORDAN JUBILADO** 42 **ROYENO, KEVIN C** 43 **SIBAYAN, ALFRED JOHN TABOR** 44 **TRINIDAD, JOSEPH ANTHONY DEVON A** **ECHO** 1 **ABAD, NATHANIEL JAMES RUIZ** ---- ------------------------------------ -- -- 2 **ABUAN, JONEL CAYABYAB** 3 **ACOSTA, REMMA PANDE** 4 **ALMAZAN, IRISH LYN O** 5 **ALMINAR, JAY-MARCON GARCIA** 6 **BARNACHEA, JOHN DANIEL CAOILE** 7 **BUCASAS, JOSEPH AGULAN** 8 **CABALDO, DARYLL MUPAS** 9 **CAMAT, JESELA OBLERO** 10 **CARBONELL, MARGIE ACOSTA** 11 **CORPUZ, GILBERT JOHN ELLANA** 12 **CORPUZ, JERRYWIN BONDILLA** 13 **DIAZ, JERICHO MANTILLA** 14 **DINGAS, RIZZA MAE COLLADO** 15 **DIWATA, MARK U.** 16 **ESLAVA, JHON JUSTINE SARANQUIN** 17 **GALICIA, ALJON L.** 18 **GALVEY, JEREMY P.** 19 **HERNANDEZ, RENZ MAGPALI** 20 **LACONSAY, TROY CABANELA** 21 **LARDIZAL, ARNEL B.** 22 **LARDIZAL, ARNEL B** 23 **LEDDA, ROMMEL GUITOS** 24 **LOPEZ, JOHN CLIFFORD CONJE** 25 **MANGAOANG, ADRIAN PAUL C** 26 **MANZANO, REYMART NATIVIDAD** 27 **MOGOL, DAN REGINALD E.** 28 **MOSUELA, JEFF DAERYL BALITON** 29 **MOYANO, DAN ELIZER RIVERA** 30 **NEGRILLO, JAYSON REY C.** 31 **OLAY, MARVIN OBRA** 32 **PASCUA, IAN R.** 33 **REYNO, MARK DANIEL NISPEROS** 34 **SIBAYAN, IRENE LABANOG** 35 **SIERRA, KING PAUL COLOMA** 36 **SUNIO, JORDAN S.** 37 **VALDEZ, RONAN GODWIN B.** 38 **VALDEZ, RALPH ANGELO PINOS** 39 **VELASCO, JOHN LLOYD BULSECO**