CDI 3 Prelims PDF

CDI 3 2 MOST BASIC FUNCTION OF POLICE WORK: 1. Protection of Life and Property 2. Maintenance of Peace and Order SPECIAL CRIME - cases that are unique and often require special training to fully understand their broad significance. - Those crimes that are not covered...

CDI 3 2 MOST BASIC FUNCTION OF POLICE WORK: 1. Protection of Life and Property 2. Maintenance of Peace and Order SPECIAL CRIME - cases that are unique and often require special training to fully understand their broad significance. - Those crimes that are not covered by the Revised Penal Code and under Special Penal Laws. CRIME - an act or the commission of an act that is forbidden or the omission of a duty that is commanded by a public law Article 3 of Revised Penal Code (RPC) states that acts and omissions punishable by law are Felonies (delitos); FELONIES - committed not only by means of deceit (dolo) but also by means of fault (culpa). CRIME IS AN INFORMED ACTION - if the perpetrator has a deliberate intent to perform the act, CRIME IS A PASSIVE ACTION - if when perpetrators do not have a deliberate intent to perform the act and it is a result of negligence, imprudence and lack of foresight or skill, INVESTIGATION - the collection of basic facts establishing that a crime has been committed and that some other person is responsible thereof. CRIMINAL INVESTIGATION - is the collection of facts in order to accomplish the three-fold aims - to identify the guilty party, to locate the guilty party and to provide evidence of his (suspect) guilt. HANS GROSS (Father of Criminalistics) - the ultimate goal of Criminal Investigation is to “Search for truth”. That 95% is perspiration, 3% is inspiration and 2% is luck. SPECIAL CRIME INVESTIGATION - It deals with the study of major crimes based on the application of special- investigative techniques. - It is also the study which concentrates more on physical evidence; it’s collection, handling, identification and preservation in coordination with the various criminalistics in the crime laboratory. CRIMINAL INVESTIGATOR - is a person who is in charge with the duty of carrying out the objectives of criminal investigation, that is, the identity of the guilty party and the location and providing evidence of his/her guilt. As defined PNP Criminal Investigation Manual: is 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/ Criminal Laws and Special Laws which is criminal in nature. SKILLS AND QUALITIES TO BECOME AN EFFECTIVE INVESTIGATOR - He must be thorough - Methodical and calm under pressure. - He must be logically persuasive - Analytical not only of the crime, but also of the potential subjects. - He must be keen in identifying key witnesses and their contributions to the investigation as this will lead to the solution of the case and bringing the guilty party to the bar of justice. (PNP, 2011) INTERVIEW - is the questioning of a person believed to possess information which is relevant to the investigation of a crime or on criminal activities. - The method of obtaining an information from another person who is aware that he is giving a wanted information, although he may be ignorant of the true connection and purpose of the interview. - An interview is a questioning of a person believed to be possessed knowledge that is of official interest to the investigation. INTERROGATION - one of the most difficult but most interesting phases of criminal investigation and detection. - It is the confrontational battle of wits between the investigator and the suspect. - It is a mental combat where the weapon is intelligence and the use of the art. - is the skillful questioning of a hostile person suspected of having committed an offense or of a person who is reluctant to make a full disclosure of information in his possession which is pertinent to the investigation GOLDEN RULE OF INTERVIEW “Never conduct or let anyone conduct an interview if the interviewer has not gone to the crime scene.” QUALITIES OF GOOD INTERVIEWER RAPPORT - it is the development of intimacy between the interviewer and the interviewee. - It is winning the confidence of a person being interviewed in order that he will tell all the information in his possession. - The interviewer must be in respectable civilian attire because many thinks that uniform is intimidating. FORCEFUL PERSONALITY - The appearance of the interviewee and other qualities such as skills of communication techniques and the force of his language are the mainstays of the strength of his character. KNOWLEDGE OF HUMAN BEHAVIOR - The ability of the interviewer to determine the personality and intelligence of his subject. CONVERSATIONAL TONE OF VOICE - His tone of voice must be conversational, not confrontational as in interrogation. COMMON INTEREST - His preliminary probing questions should be aimed to establish common interest between him and the subject. ACTING QUALITIES - He must possess the qualities of an actor, salesman, and psychologist and know how to use the power of persuasion. HUMILITY - He must be courteous, sympathetic and humble, ready to ask apologies for the inconvenience of the interview Legal Considerations in the Conduct of Interview to Criminal Suspects - Interviews are typically conducted to gather information, clarify facts, or obtain the suspect's version of events. The primary goal is to obtain information without pressuring the suspect. - The approach in an interview is generally non-confrontational and cooperative, focusing on building rapport and encouraging the suspect to share information willingly. GUIDELINES MIRANDA RIGHTS - The suspect must be informed of their rights before the interview, including the right to remain silent and the right to legal counsel. VOLUNTARINESS - The information provided by the suspect must be given voluntarily, without any form of coercion or pressure. PRESENCE OF COUNSEL - While not always mandatory, the presence of legal counsel is encouraged during interviews, especially if the suspect requests it. DOCUMENTATION - The interview must be thoroughly documented, including the suspect’s statements and the conditions under which the interview was conducted. RESPECT OF RIGHTS - The suspect’s rights must be respected at all times, including the right to refuse to answer questions or to terminate the interview at any point. LEGAL REQUIREMENTS FOR INTERROGATION - Interrogations are more intense and are typically conducted to obtain a confession, admission of guilt, or more detailed information from a suspect. The process may involve more direct questioning and sometimes psychological tactics to elicit information. - The approach in an interrogation is often more direct and confrontational, focusing on pressing the suspect for detailed information or a confession. GUIDELINES MIRANDA RIGHTS - As with interviews, suspects must be informed of their rights, including the right to remain silent and the right to legal counsel, before the interrogation begins. PRESENCE OF COUNSEL - The presence of legal counsel is mandatory during interrogations. VOLUNTARINESS AND COERCION - Any confession or statement obtained during an interrogation must be made voluntarily. The use of force, threats, or any form of coercion is strictly prohibited. INADMISSIBILITY OF COERCED STATEMENTS - Any statement obtained through coercion or without proper legal safeguards is inadmissible in court, as mandated by RA 7438 and the Anti-Torture Act. DETAILED DOCUMENTATION - The entire interrogation process must be recorded, including the suspect’s statements, the techniques used, and the presence of legal counsel. UNDERSTANDING THE LEGAL CONTEXT Philippine Constitution. - The 1987 Constitution, particularly the Bill of Rights, provides the foundation for the protection of suspects' rights during interviews and interrogations. Republic Act No. 7438. - This law explicitly outlines the rights of persons under custodial investigation, ensuring that suspects are informed of their rights and that legal counsel is present during interrogations. Anti-Torture Act of 2009 (RA 9745). - This law prohibits the use of torture and other cruel, inhuman, or degrading treatment during interviews and interrogations, ensuring that all statements obtained are done so legally and ethically. INTERVIEWING METHODS COGNITIVE INTERVIEW - Enhances memory recall by using techniques that help witnesses recreate the event’s context. - Context reinstatement, varied recall, detailed probing. - Best for cooperative witnesses and in cases requiring detailed memory retrieval. STRUCTURED INTERVIEW - A systematic approach where the interviewer follows a pre-determined set of questions. - Consistency, comparability, control of interviewer bias. - Effective for gathering specific information across multiple interviews. PROCEDURE: 1. Prepare Questions - Use a predetermined set of questions to ensure consistency across all witness interviews. 2. Ask About Key Details - Focus on details such as the suspect’s clothing, physical appearance, and UNSTRUCTURED INTERVIEW - An open-ended approach where the conversation is more flexible and adaptive. - Spontaneity, in-depth exploration, adaptability. - Useful in exploratory phases or when building rapport is crucial. PROCEDURE: 1. Start with Open-Ended Questions - Begin with broad questions to let witnesses share their experiences and impressions in their own words. 2. Encourage Free Flow of Information - Allow the conversation to flow naturally and probe for additional details as needed based on what the witnesses share. BEHAVIORAL ANALYSIS INTERVIEW - Focuses on evaluating the subject’s behavior, verbal and non-verbal cues to assess truthfulness. - Observation of stress responses, analysis of inconsistencies, behavioral cues. - Often applied in suspect interviews to detect deception. PROCEDURE: 1. Observe Behavior - Focus on the suspect’s non-verbal cues, such as body language, facial expressions, and eye contact. 2. Analyze Verbal Cues - Pay attention to inconsistencies in the suspect’s statements and any signs of stress or evasiveness. Purpose in criminal investigations: obtaining confessions, gathering evidence. A) INFORMATION GATHERING - To obtain accurate information that can aid in the investigation and prosecution of crimes. B) EVIDENCE COLLECTION - To gather confessions or statements that can be used as evidence in court. C) TRUTH VERIFICATION - To verify or refute information obtained from other sources, such as witnesses or physical evidence. Historical Context and Evolution of Interrogation Techniques FOREIGN EXAMPLES 1. SALEM WITCH TRIALS (1692, United States) Methods: Pressing Spectral Evidence 2. THE INQUISITION (12th to 19th Century, Europe) Methods: The Rack  Waterboarding Strappado 3. THE SPANING COLONIAL PERIOD (16th to 19th Century) Methods: Beatings and Flooding The Water Cure Public Humiliation LEGAL FRAMEWORK IN THE PHILIPPINES ▪ Overview of relevant constitutional provisions. Right against self-incrimination, right to counsel. ▪ PNP guidelines on the conduct of interrogation. ▪ Supreme Court rulings affecting interrogation practices THE REID TECHNIQUE 1. Direct confrontation 2. Theme development 3. Handling denials 4. Overcoming objections 5. Getting the suspect's attention 6. Handling the suspect's passive mood 7. Presenting an alternative question 8. Having the suspect orally relate various details of the offense 9. Converting an oral confession into a written one. The PEACE Model PREPARATION and PLANNING - one of the most important steps in investigative interviewing; - Planning a process of getting ready to interview, both mentally and strategically. - Preparation also covers what needs to be ready prior to the interview such as the location of the interview, the environment, as well as technical and administrative matters. ENGAGE and EXPLAIN - first step to encouraging a conversation is to engage the interviewee and establish rapport. ACCOUNT - interviewers should now allow the interviewee to present their uninterrupted (free) account of the case (or event) under investigation. CLOSURE - evaluations of police interviews show that officers tend to rush the closing of the interview, yet the closure is important and needs to be methodically conducted. EVALUATE - investigative interviewing recognizes the fact that interviewing is a practical exercise, requiring a variety of skills, first and foremost, communication skills. - An essential part of skills training is evaluation and feedback. Other Interrogation Strategies 1. Behavioral Analysis Interview (BAI) a. Techniques for detecting deception and truthfulness. b. Application in pre-interrogation assessments. 2. Cognitive Interviewing a. Techniques for enhancing memory recall. b. Use in interviewing victims and witnesses. 3. Ethical Considerations a. Balancing effective interrogation with respect for human rights. b. Strategies for preventing coerced or false confessions.