Fundamentals of Criminal Investigation and Intelligence PDF

Chapter 3 PHASES OF INVESTIGATION I. IDENTIFYING CRIMINALS The first phase of this study is the process of identifying the criminal. Ordinarily, the identity of the criminal is discovered in one or more of the following ways: Confession an...

Chapter 3 PHASES OF INVESTIGATION I. IDENTIFYING CRIMINALS The first phase of this study is the process of identifying the criminal. Ordinarily, the identity of the criminal is discovered in one or more of the following ways: Confession and Admission Eyewitness Testimony Circumstantial Evidence ADMISSION – a self-incriminatory statement by the subject falling short of an acknowledgement of guilt. It is an acknowledgement of a fact or circumstance from which guilt maybe inferred. It implicates but does not incriminates. Coupled with circumstances such as the existence of a motive, the admission may provide an inference of guilt. CONFESSION – a direct acknowledgement of the truth of the guilty fact as charged or of some essential part of the commission of the criminal act itself. To be admissible, the confession of the accused must be voluntary. Confession by duress, coercion, extreme psychological restraint is not admissible in the court of justice. ✓ Voluntariness of the Confession Voluntariness maybe shown by evidence of one of the following: o The statement obtained by urging or request was a spontaneous or self-induced utterance of the accused. o The statement was obtained without coercion and free from any force or intimidation. o The statement was obtained during an official investigation after the accused was informed of the nature of the offense, of the fact that he need not make a statement, and of the fact the evidence can be used against him at trial. ✓ Purposes of Obtaining Statements o To provide a written record for the case file. o For use by the prosecution at the trial to refresh recollection, impeach witnesses; and in general, monitor to some extent the testimony. o To discourage the witness from wrongfully changing his testimony at the trial. FUNDAMENTALS OF CRIMINAL INVESTIGATION 1 AND INTELLIGENCE  o To enable the prosecution to plan its presentation by reducing the element of surprise that unforeseen testimony would introduce. ✓ From Whom Must Written Statements be Taken? o Subjects and suspects o Recalcitrant or reluctant witnesses o Key witnesses o Any witness who gives an indication of a tendency to change his mind. o Witnesses who will not be available at legal proceedings. ✓ Forms and Contents of a Written Statement There is no standard format for a written statement but the following data must be included: a) Identifying Data – the first paragraph of the statement should contain the date, place, identification of the maker, the name of the person to whom the statement was made, and a declaration by the maker that the statement was made voluntarily. b) The Body – the body of the statement can be given in expository or narrative form, but must include all the elements of the crime and the facts associating the subject to these elements. The exacts words of the subject should be used by the investigator. EYEWITNESS TESTIMONY a) Identification and Testimonies of Eyewitness An ordinary lawman is not skilled in the art of description by observation and consequently he will describe a wanted person with generalities. It is often difficult to form a definite picture or even to establish one useful peculiarity. The investigator must assist the witness in describing the original but he must avoid the introduction of errors through suggestions. i. Kind of Criminals Identified by Witnesses a. Known Criminals – these are criminals whose picture are available from police files and records. Their identity can be established through background investigation and description furnished by their relatives and other criminals. b. Unknown Criminals – these are criminals whose identification are furnished by eyewitnesses only. Their pictures and records are not available from the files of the police. The description are vague and difficult to identify. FUNDAMENTALS OF CRIMINAL INVESTIGATION 2 AND INTELLIGENCE  ii. Methods of Identification by Witnesses a. Verbal Description – this method depends on the ability of the witness to describe the person seen committing the crime. The basis could be the description of the face consisting the forehead, nose, eyebrow, mustache, cheeks, eyes, ears, mouth, lips, teeth, chin, jaw, neck as to shape; waist as to size and shape of abdomen, hands as to length, hair and palms; and figures as to length, stains, shape, numbers and others. b. Photographic Files (Rogue’s Gallery) – the witness may be taken to the Photo Laboratory to examine the photograph files of known criminals. He must be instructed to call the attention of the investigator on any strong similarity that he may find in the file resembling the criminal even the smallest feature of the face alone. c. General Photograph – the witness should be shown variety of facial types which do not necessarily represent the criminal. The picture only represents different features of the face. The image in the picture should be the same size and should include varieties of various features such as the degree of baldness, length and shape of the nose, size of the ears, formation of the jaw and cheekbones, and others. d. Artist’s Assistance – an artist sketches must be employed to help the witness draw a picture of the criminal. The witness is shown a chart which contain representations of various types of human features as noses, eyes, ears and he is requested to select the individual features present in the unknown criminal. From this selection the artist draws a composite face which may be a close approximation t the criminal’s identity. e. The Police Line-Up – is used as a means of selecting a suspect from a group innocent person. The purpose is the elimination of the power of suggestion as a factor in identification. As a procedure, there must be a group of 7 to 10 persons with almost similar appearances. The witness must be informed that one of them is the suspect. The line members must be made to wear apparel as suggested by the witness and during the line-up to perform some characteristics actions determined by the witness like walking, sitting and others. Line-up members should not be allowed to talk with each other. The decision of the witness should not be made known to the suspect. If there are more than one witness, they should not be allowed to communicate with each other and their identifying the suspect should be done separately. iii. Factors on Eyewitness Identification a. The ability of the eyewitness to observe and remember the distinct appearance of the suspect. FUNDAMENTALS OF CRIMINAL INVESTIGATION 3 AND INTELLIGENCE  b. The prevailing conditions of visibility and observation when the crime was committed. c. The lapse of time between the criminal event and when the identification was made. CIRCUMSTANTIAL EVIDENCE In the absence of a confession, admission, eyewitness, the identification of the criminal may be established indirectly by proving other facts or circumstances from which, either alone or in connection with other facts, the identity of the perpetrator(s) can be inferred. Sufficiency of Circumstantial Evidence to Produce the Conviction of the Accused: 1. When there are more than one circumstances present. 2. When the facts from which the inference are derived are proven. 3. When the combination of all the circumstances is such as to produce a conviction beyond a reasonable doubt. IDENTIFICATION MADE BY ASSOCIATIVE EVIDENCE These are the physical evidence which may identify the criminal by means of clues, personal properties, or the characteristic pattern of procedure deduced from the arrangement of objects at the crime scene. The offender may leave some clues such as weapon, tools, garment, fingerprint, foot impressions, wallet, wearing apparels and others. In case of crimes of violence, hair and bloodstains of the offender may leave the evidence of physical struggle. Similarly, those physical evidence may leave the story of how the crime was committed. FUNDAMENTALS OF CRIMINAL INVESTIGATION 4 AND INTELLIGENCE  IDENTIFICATION MADE BY MODUS OPERANDI The Modus Operandi file enables the investigators to recognize a pattern of criminal behavior exhibited by the suspect. The investigator can also detect thru the files that a series of crimes committed were done by a single criminal and therefore, he can predict and approximate the next target of the criminal in the future. Likewise, the M.O files can help the eyewitnesses and victims identify the criminal faster through the characteristics of the criminal activities and his behavior in committing the crime. The M.O files are classified and filed in such a way as to assist in identifying the crimes either as one committed by known criminals or those committed by unknown criminals. The method as devised by Major General Sir Lewely Atcherley operates under the principles that “it is human nature that personal habits and mannerism do not change easily but remains with the individuals for years even among criminals.” In the commission of crimes, the criminal exhibits particular pattern of behavior at all times and the variations are very negligible. This is what identifies the criminal by the M.O files. The characteristics pattern of criminal activities is classified under the M.O files. They are divided in the following categories: 1. As to the nature of stolen property. The nature of stolen properties through theft or robbery may be classified into perishable or non-perishable; metallic or into jewelries, appliances, appliances, wearing apparel, cash, foodstuff and the like. This will provide an important clue in the identification of the criminal. 2. As to the description of the criminal. If the criminal was observed, his verbal description must be recorded. 3. As to the observation of the crime scene. The general layout or appearance of the crime scene after the criminal left will distinguish the behavior of the criminal in perpetrating the crimes from others. 4. As to the motive. When property is lost, theft or robbery is the motive; when the woman is assaulted, lust could be the motive; when body is mutilated, homicide or murder could be committed by a deranged person. 5. As to the time of the commission. The time the crime was committed may point out the identity of the criminal who prefers to execute the crime in a certain time of the day or night. Naturally, since the exact moment of occurrence cannot be readily established in many cases, the investigator must endeavor to establish the time of occurrence between determinable limits. FUNDAMENTALS OF CRIMINAL INVESTIGATION 5 AND INTELLIGENCE  6. As to the human peculiarities. Human weakness is always manifested consciously or unintentionally by any one even criminal while committing crimes. These are partaking the food or liquor of the owner of the house robbed, defection of the table, stealing insignificant items such as women’s bra and panties, taking a bath and putting on the clothing of the victim. This is important to note since the behavior could not be very common among criminals. 7. As to observed natural peculiarities. An observer of the offense may be able to supply valuable clues in the form of personal idiosyncrasies. Speech is one of the most important clues. Enunciation, dialect, and diction can be closely described. The words openly spoken while perpetrating the crime could also be noted. 8. As to the manner the crime was committed. A robber or night theft may use a definite pattern of gaining entry to the house on several occasions which distinguish him from the rest of his companions in the business; a murderer may use at all times knife or gun depending on his choice; a swindler may use the same ruse and methods to deceive his victims; and a pickpocket may employ the same number of aids to foil the attention of the victim. FUNDAMENTALS OF CRIMINAL INVESTIGATION 6 AND INTELLIGENCE