Cri 169 Fundamentals of Criminal Investigation with Intelligence PDF

CRI 169 FUNDAMENTALS OF CRIMINAL INVESTIGATION WITH INTELLIGENCE REVIEWER MODULE HANNA NADIA AMASOL, RCRIM, LPT INVESTIGATION An inquiry, judicial or otherwise, for discovering and collecting facts concerning the matter or matters involved. INVESTIGATOR/ OFFICER carries investigation Refer...

CRI 169 FUNDAMENTALS OF CRIMINAL INVESTIGATION WITH INTELLIGENCE REVIEWER MODULE HANNA NADIA AMASOL, RCRIM, LPT INVESTIGATION An inquiry, judicial or otherwise, for discovering and collecting facts concerning the matter or matters involved. INVESTIGATOR/ OFFICER carries investigation Refer to any LAW ENFORCEMENT PERSONNEL belonging to the duly mandated law enforcement agencies (LEA) tasked to enforce Republic Act 9208 such as officers,investigators and agents of the Philippine National Police, National Bureau of Investigation, and Bureau of Immigration. ETYMOLOGY OF INVESTIGATION OLD FRENCH INVESTIGACION LATIN INVESTIGATIONEM (a searching into) NOMINATIVE INVESTIGATIO PAST PARTICIPLE INVESTIGARE (to trace out, search after, investigate) VESTIGARE (to track, to trace) VESTIGIUM (footprint, track) CRIMINAL INVESTIGATION Involves a legal search for people and things that can be used to reconstruct a crime and the mental state of the offender MAIN OBJECTIVE is to determine or discover the TRUTH CRIMINAL INVESTIGATOR 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 penal laws that are criminal in nature. A well trained, disciplined, and experienced professional in the field of criminal investigation duties and responsibilities. Also known as PROBER POLICE INVESTIGATOR PNP personnel both PNCO and PCO POLICE NON-COMMISSIONED OFFICER (PNCO)-graduate of CRIMINAL INVESTIGATION COURSE (CIC) POLICE COMMISSIONED OFFICER (PCO)- graduate of INVESTIGATION OFFICER BASIC COURSE (IOBC) DUTY- conducts step by step examination. POLICE DETECTIVE PNP who was PREVIOUSLY certified Police Investigator Complete 18 units of Master’s Degree Completed POLICE DETECTIVE COURSE Experience relating to investigation cases and appearance in court duties CASE MANAGER A Police Commissioned Officer Previously certified Police Investigator Complete Masters Degree Completed INVESTIGATION OFFICERS MANAGEMENT COURSE (IOMC) DUTY- recorded the number of required investigation and prosecution of cases  CRIME- It is an act or omission punishable by Criminal Law. FELONY- violation of the Revised Penal Law OFFENSE- violation in Special Penal Law MISDEMEANOR- violation in the city ordinances CRIMINAL refers to any person finally convicted by a competent court in violation of criminal law. MODULE 2 PHILIPPINE CONSTITUTION- Fundamental Laws of the land 1935 PHILIPPINE CONSTITUTION ART 3 SECTION 17 –right against self incrimination 1973 PHILIPPINE CONSTITUION ART. 3 SEC.20- Right to remain silent, right to have a counsel and to be informed. No force, intimidation by any means to be employed. 1987 PHILIPPINE CONSTITUTION ART.3 SEC 12- Miranda doctrine REPUBLIC ACT NO. 7438 An act defining certain rights of person arrested, detained or under custodial investigation as well as the duties of arresting, detaining and investigating officers and providing penalties for violation therof.  ARREST It is taking of a person into custody so that he may bound to answer for the commission of an offense 2 kinds of arrest A.VIRTUE OF WARRANT OF ARREST B. UNDER CIRCUMSTANCES KUSTIFYING A WARRANTLESS ARREST/ CITIZEN’S ARREST REPUBLIC ACT NO. 7438 A. Any person arrested, detained or under custodial investigation shall at all times be assisted by counsel CUSTODIAL INVESTIGATION- is any questioning initiated by law enforcement officers after a person has been taken into custody of otherwise deprived his freedom of action in any significant way COUNSEL- lawyer conducting a case  REPUBLIC ACT NO. 7438 B. A public officer or employee or anyone under his oath or his place, who arrests, detains or investigates any person for the commission of an offense SHALL INFORM IN A LANGUAGE KNOWN AND TO UNDERSTOOD BY HIM, RIGHT TO REMAIN SILENT AND HAVE COMPETENT AND DEPENDENT COUNSEL, PREFERABLY ON HIS OWN CHOICE. NOTE: If such person CANNOT afford the service of his own counsel, he must be provided with a competent and independent counsel by the investigating officer REPUBLIC ACT NO. 7438 C. CUSTODIAL INVESTIGATION REPORT shall be reduced to WRITING by investigating officer, REPORT must SIGNED OR THUMBMARK if the person DO NOT KNOW how to read and write Explained to him in a language or dialect known to such arrested or detained person otherwise such investigation report shall be NULL AND VOID and no effect whatsoever  REPUBLIC ACT NO. 7438 D. EXTRAJUDICIAL CONFESSION made by a person shall be in WRITING AND SIGNED by such person in the PRESENCE OF HIS COUNSEL or if the counsel absent upon a VALID WAIVER AND IN THE PRESENCE of ANY PARENTS, ELDER BRTHER OR SISTER, IS SPOUSE, MUNICIPAL MAYOR,MUNICIPAL JUDGE, DISTRICT SCHOOL SUPERVISOR, OR PRIEST OR MINISTER OF THE GOSPEL AS CHOSEN BY HIM. EXTRAJUDICIAL CONFESSION- is one made by the party made at a place other than before judicial magistrate or in court (outside court) CONFESSION- Declaration of an accused expressly ACKNOWLEDGING his GUILT of the offense charged ADMISSION- ACKNOWLEDGEMENT of a FACT or circumstance from which guilt may be inferred. REPUBLIC ACT NO. 7438 E. Any WAIVER by a person under provisions of Art 125 of the Revised Penal Code shall be in WRITING AND SIGNED by such persons in the presence of his counsel ARTICLE 125 RPC- DELAY IN THE DELIVERY OF DETAINED PERSON TO THE PROPER JUDICIAL AUTHORITIES 12 HOURS- LIGHT PENALTIES (Arresto menor, public censure) 18 HOURS- CORRECTIONAL PENALTIES (prision correccional-Destierro) 36 HOURS- AFFLICTIVE OR CAPITAL PENALTIES (Reclusion perpetua- Prision mayor)  REPUBLIC ACT NO. 7438 F. Allowed to be visits by conference with the members of IMMEDIATE FAMILY MEDICAL DOCTOR PRIEST OR RELIGIOUS MINISTER chosen by him or by member of his immediate family or by his counsel Any NATIONAL NON GOVERNMENTAL ORGANIZATION duly accredited by the Commission on Human Rights of by any international non governmental organization duly accredited by the Office of the President IMMEDIATE FAMILY- spouse (husband or wife), fiancé or fiancee, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.  MIRANDA RULE, DOCTRINE OR WARNING WHO: ERNESTO MIRANDA VICTIM: WOMAN IN PHOENIX WHEN: 1963 1966 was adopted in the Philippines WHERE: ARIZONA (under American Jurisprudence) then appealed at Arizona Supreme Court WHAT: KIDNAPPING AND RAPE ACQUITTED : due to CONSTITUTIONAL GROUNDS (Right against self incrimination and right to counsel) ACQUITTAL: A judgment after due hearing and consideration of the evidence against the accused, the court is of opinion that his GUILT HAS NOT BEEN PROVEN.  MIRANDA VS. ARIZONA MIRANDA A kidnapping and rape investigation in Phoenix Arizona, resulted in DOCTRINE the arrest of Ernesto Miranda as the suspect. Following a line up identification by the victim, the suspect was interviewed for 2 hours a relatively short period of time for a major case of this nature. The failure of the arresting officer toDuring this time period Miranda confessed orally, then gave inform the Miranda Rights of the investigator a written confession regarding the offense. arrested person will make the arrest invalid. This was originated in the case of The suspect was subsequently convicted with the Arizona Supreme Miranda vs. Arizoa Court upholding the lower court decision. The United States Supreme Court reversed the Decision, stating the suspect’s right TO COUNSEL AND HIS PROTECTION AGAINST SELF INCRIMINATION had been violated. As a result of this landmark decision, the so called Miranda Warning has become mandatory.  AS AN ART It is NOT GOVERENED by rigid rules or principle. Most often than not, it is governed by: MODULE 3 95 % INTUITION- ability to understand or know something without the need of conscious reasoning 3% FELICITY (INSPIRATION)- fortunate or opportune discovery of evidence or information 2% CHANCE- random or unexpected events that influence the course of an investigation CRIMINAL AS A SCIENCE INVESTIGATION- It is a branch of jurisprudence that uses scientific Primarily apply SCIENTIFIC KNOWLEDGE,principles and theories and principles, including methodologies in order to discover, identify, collect and process facts and time tested evidence to promote justice philosophical anylysis AS A PROCESS Involves the SYSTEMATIC PROCESS of Identifying/Recognizing, Collecting, The objective is to DETERMINE THE TRUTH as far as it can be discovered in any POST FACTUM Preserving, Evaluating and Presenting data or raw facts to produce valuable INQUIRY information to prosecute a criminal offender that eventually leads to proper POST FACTUM INQUIRY- inquiry administration of justice. conducted AFTER AN INCIDENT happened.  Involves the efforts of identifying, including physical things that may provide relevant /significant RECOGNITION/ IDENTIFICATION information regarding the criminal case being investigated. (use 5 senses) Gathering those identified data to facts or COLLECTION physical things that are significant to the case ELEMENTS OR (interview, interrogation,surveillance) FIVE Act of keeping the collected pieces of evidence in their FUNCTIONS OF true and original form (This includes the AVOIDANCE CRIMINAL PRESERVATION OF MAC RULE –MUTILATION, ALTERATION, INVESTIGATION CONTAMINATION) AS A PROCESS Preservation the FORENSIC VALUE “legal integrity) Determining the PROBATIVE VALUE of collected pieces of EVALUATION evidence PROBATIVE VALUE- evidence or its worth in successfully establishing a PROOF that a crime has in fact been committed Primarily manifested INSIDE THE COURT. Done by presenting fact in a very SIMPLE AND PRESENTATION CONVENIENT manner in order to convince the court and other parties involved in the criminal case about the VALIDITY AND TRUTHFULNESS of the pieces of evidence 3 FOLD AIMS IN CRIMINAL INVESTIGATION ❑ To IDENTIFY the Guilty Party ❑ To LOCATE the Guilty Party ❑ To PROVIDE EVIDENCE for his Guilt  GOALS IN CRIMINAL INVESTIGATION 1. CONTROLLING CRIMES DETERRENCE-Scaring criminals into resisting from criminal behaviour REHABILITATION- Entails directly including criminals to stop committing crimes INCAPACITATION- occurs when active criminals are caught and removed from free society 2. PURSUING JUSTICE 3. ADDRESSING PROBLEMS  ▪ OBJECTIVES IN CRIMINAL INVESTIGATION ▪ Determine if a crime has been committed (ascertain corpus delicti) ▪ Verify if a criminal complaint is BONAFIDE (genuine/real) ▪ Legally obtain information and evidence ▪ Arrest ▪ Reconstruct the crime scene KINDS OF CRIMINAL INVESTIGATION IN GENERAL ❑ Investigation while the suspect is UNDER ARREST AND DETENTION ❑ Investigation while suspect is AT LARGE ( not been captured)  FORMS OF INVESTIGATION FORMAL INVESTIGATION Conducted by government agency INQUISITION to uncover the FACTS and INQUEST determine the TRUTH Historical description Cause of an incident Concern: RELIGIOUS issue Concern : CRIMINAL ACTIVITY RESEARCH INVESTIGATIVE PROBE Careful, step by step , REPORTING An extensive, in depth patient investigation Conducted by press or investigation Concern: Identify data or journalists to get roots/ cause of problem, discover cause of problems and to new facts attract readers/viewers CATEGORIES OF CRIMINAL INVESTIGATION ACCORDING TO JOHN DEMPSEY MODES OF CRIMINAL INVESTIGATION MODE- manner of acting or doing/method/ preferred ways of doings something a particular CRIMINAL INVESTIGATION- carried by police PROACTIVE INVESTIGATION – usually covert , these are designed to catch a criminal in the act of committing a crime. Example: DECOY (police posing as victim) STING( police posing as buyers or sellers) ENTRAPMENT- ways and means that are resorted to for purpose of trapping and capturing the lawbreaker in the execution of his criminal plan NON CRIMINAL REACTIVE INVESTIGATION- Based on a citizen complaint and INVESTIGATION- involves a preliminary and follow up investigation Non criminal incidents or events Categories of Reactive Investigation A. WALK THROUGH- suspect is easily determined and located B. WHERE-ARE-THEY- tentatively identified BUT has NOT been located C. C. WHODUNIT- NO SUSPECTS are initially identified  CRIMINAL INVESTIGATOR RESPONSIBILITIES OVERT INVESTIGATION- OPEN Determine whether or not the crime has been committed Decide if the crime was committed within the investigator’s JURISDICTION Discover all facts pertaining to the complaint COVERT INVESTIGATION- IN SECRET Recover stolen property, identify and locate perpetrator and apprehend Aid in the prosecution of the offender by providing evidence for his guIlt JURISDICTION- authority to hear and the right to act in a case. MODULE 4 CHARACTERISTICS, ATTITUDES AND QUALITIES OF AN INVESTIGATOR GOOD COMMUNICATION Interact both written and oral INNOVATIVENESS Clearly and concisely explain the case Flexibility and resourcefulness Develop new method for analysing the situation Think outside the box and come up with creativeness WHO is a superstar in the ACTIVE LISTENER Attentively hear the testimony/ Pays close attention INTEGRITY PROCESS OF Maintain honor, honesty and ethics throughout the INVESTIGATION? investigation Trustworthy and credible INVESTIGATOR CRITICAL THINKING Analytical skills and identify connections and discrepancies that others might overlook Xx WORKS UNDER PRESSURE Go through despite obstacles and hindrances Remain calm and focused with tight deadlines ADMISSBILITY OF EVIDENCE IN COURT? MUST BE RELEVANT TO THE ISSUE AND NOT EXCLUDED BY THE LAW OF THE RULES  PERSEVERANCE MASTERY OF ORAL AND WRITTEN Persistence spite of obstacles COMMUNICATION Remain committed and diligent in their efforts even Basic knowledge on oral and written when facing setbacks or challenges communication with clarity and precision KNOWLEDGE OF CRIMINAL LAW Basic idea of legal matters Understands the legal complexities/ ENDURANCE KEEP POWER OF OBSERVATION AND framework Last physically and mentally stamina DESCRIPTION Not showing signs of fatigue, maintaining focus and Knows how to accurately describe everything productivity Notices a small important detail at a crime scene that others missed INTELLIGENCE AND WISDOM OF COURAGE SENSE OF JUSTICE AND FAIR SOLOMON INCORRUPTIBLE HONESTY AND INTEGRITY PLAY Easily decipher falsehood from truth Honesty and integrity even there are several Moral turpitude to tell the truth irrespective Think strategically, make sound decisions and temptations of who gets hurt apply knowledge effectively Trustworthy and impartial Stands up to powerful figures attempting to obstruct justice POWER TO READ BETWEEN THE LINES Interpret subtle clues, words, underlying ACTING ABILITY TECHNICAL KNOWLEDGE messages and deep meanings Stooping down the level of the subject capability of defense tactics, firearms, uses Blends into different environments and adopt a new advanced forensic techniques to analyze identity to gather information evidence