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REVIEWER Criminal_Investigation_Overview.pptx
- 1. CDI-1: FUNDAMENTALS OF CRIMINALINVESTIGATION
- 2. • CRIMINAL INVESTIGATION– is an art which deals with the identity and location of the offender and provides evidence of guilt through criminal proceedings. INVESTIGATION DEFINED: The collection of facts to accomplish a three-fold aim: • to identify the guilty party; • to locate the guilty party; and • to provide evidence of his guilt.
- 3. • PRIMARY JOBOF AN INVESTIGATOR The primary job of the investigator is to discover whether or not an 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 (Cardinal points of Investigation 5W’s and 1H).
- 4. SIX CARDINAL POINTSOF INVESTIGATION
- 5. Qualities of aGood Investigator 1. Perseverance – Persistent and determined 2. Intelligence – Analyzes and processes info 3. Honesty – Integrity and trustworthiness 4. Understanding – People & environment 5. Keen Observation – Sharp attention to detail
- 6. Importance of Training •Training, as one of the foundations of investigation, is concededly a vital ingredient in the creation of a total investigator. Experience alone does not make one good investigator. Many who had been hostage to this notion often ended in jeopardy. The ideal conjugal partnership is training and experience. The fusion of the best training and vast experience is a formidable force that can threat even the most sophisticated technology and syndicated crimes. The necessity of training as a purveyor of change builds the investigator’s confidence. It widens his vision for professional growth and strengthens his will to survive and prevail over crises. • 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.
- 7. 3 Tools ofInvestigation 1. Information 2. Interview and Interrogation 3. Instrumentation (scientific methods)
- 8. INFORMATION--It is theknowledge/data which an investigator acquired from other persons and records. Classes of Information: • Regular Sources – records, files from government and non-government agencies, news items. • Cultivated Sources – information gathered upon initiative of the investigator from informants, vendors, taxicab driver, GRO, and others. • Grapevine Sources – these are information coming from the underworld characters such as prisoners and ex-convicts.
- 9. INTERVIEW AND INTERROGATION •INTERVIEW – Is a conversation with a purpose, motivated by a desire to obtain certain information from the person being interviewed as to what was done, seen, felt, heard, tasted, smell or known. • This is the questioning of a person believed to possess knowledge that is in official interest to the investigator.
- 10. • BASIC ASSUMPTIONS Nobodyhas to talk to law enforcers. No law compels a person to talk to the police if he does not want to. Therefore, people will have to be persuaded, always within legal and ethical limits, to talk to law enforcers. This makes interviewing an art.
- 11. I.R.O.N.I.C. FORMAT The interviewof a witness can be described by its acronym ‘IRONIC’ which stands for Identity, Rapport, Opening Statement, Narration, Inquiry, and conclusion. • Identity – prior to the commencement of an interview, the investigator should identify himself to the subject by name, rank and agency. Except, when there is no need to know the officer’s identity. • Rapport – it is good to get the positive feeling of the subject towards the investigators, such friendly atmosphere is a vital for both the subject and the investigator t have a better interaction. • Opening Statement – the investigator must have to indicate why the subject is being contracted. • Narration – the witness should be allowed to tell all he knows with little interruptions from the investigator. • Inquiry – after all information have been given by the subject, that is the time for the investigator to as question to clarify him about the case under investigation. • Conclusions – after the interview, it is but proper to close the interview with outmost courtesy and thanking the subject for his cooperation.
- 12. RULES TO BEOBSERVED IN QUESTIONING • One question at a time • Avoiding implied answer • Simplicity of the questions • Saving faces • Avoid close ended questions (yes or no)
- 13. INTERROGATION is a questioningof a person suspected of having committed an offense or a person who is reluctant to make full disclosure of information in his possession which is pertinent to the investigation. What are the purposes of Interrogation? • To obtain confession to the crime • To induce the suspect to make admission • To learn the facts of the crime • To learn the identity of the accomplice • To develop information which will lead to the recovery of the fruits of the crime • To discover the details of other crimes participated by the suspect
- 14. INTERROGATION TECHNIQUES Emotional Appeal Placethe subject in the proper frame of mind. The investigator should provide emotional stimuli that will prompt the subject to unburden himself by confiding. Analyze the subject’s personality and decide what motivation would prompt him to tell the truth, and then provide those motives through appropriate emotional appeals. Sympathetic appeal The suspect may feel the need for sympathy or friendship when he is apparently in trouble. Gestures of friendship may win his cooperation. Kindness The simplest technique is to assume that the suspect will confess if he is treated in a kind and friendly manner. Extenuation The investigator indicates he does not consider his subject’s indiscretion a grave offense. Shifting the blame The interrogator makes clear his belief that the subject is obviously not the sort of person who usually gets mixed up in a crime like this. The interrogator could tell from the start that he was not dealing with a fellow who is a criminal by nature and choice. Mutt and Jeff Two (2) Agents are employed. Mutt, the relentless investigator, who is not going to waste any time because he knows that the subject is guilty. Jeff, on the other hand, is obviously a kind-hearted man. Bluff on a Split Pair This is applicable when there is more than one suspect. The suspects are separated and one is informed that other has talked. Pretense of Physical Evidence The investigator may pretend that certain physical evidence has found by laboratory experts against him. Jolting May be applied to calm and nervous subjects by constantly observing the suspects, the investigator chooses a propitious moment to shout a pertinent question and appear as though he is beside himself with rage. The subject may be unnerved to the extent of confessing:
- 15. CUSTODIAL INTERROGATION/INVESTIGATION is the questioningof a law enforcement officer on a person under custody and otherwise deprived of his freedom or liberty. This is the stage in investigation where there is strict observance of the Miranda Doctrine.
- 16. MIRANDA DOCTRINE • thiscase which entitled Miranda vs. Arizona, is a US Supreme Court Jurisprudence which laid down the constitutional rights of the accused during custodial investigation. It was incorporated in our 1973 Constitution and later in the 1987 Constitution of the Philippines.
- 17. INSTRUMENTATION • It isthe application of instruments and methods of physical science to the detection of crimes. In cases where there are no significant physical evidence to be found, then the use of instrumentation is relatively unimportant.
- 21. Interview vs. Interrogation •Interview – Non-accusatory questioning • IRONIC: Identity, Rapport, Opening, Narration, Inquiry, Conclusion • Interrogation – For suspects; aims for confession • Requires Miranda Rights (custodial)
- 22. Interrogation Techniques • -Emotional appeal, kindness • - Bluff, split pair • - Mutt & Jeff, jolting • - Pretense of evidence
- 23. Phases of CriminalInvestigation • 1. Identification of Criminals • 2. Tracing and Locating Criminals
- 24. Identification Methods • -Confession (extra-judicial & judicial) • - Admission (implies guilt) • - Eyewitness, circumstantial evidence • - Modus Operandi
- 25. Informants & Motives •- Types: anonymous, mercenary, double- crosser • - Motives: vanity, fear, civic duty, revenge
- 26. Surveillance Types • -Place, Shadowing, Undercover • - Surveillant vs. Subject • - Avoid detection techniques
- 27. Shadowing & AutoSurveillance • - Techniques: One-man, two-man, leapfrog, ABC • - Avoid eye contact, obvious actions • - Subject evasion: stops, decoys, reflections
- 28. Undercover Investigation • -False identity to gather info • - Natural cover: true identity • - Artificial cover: fake documents
- 29. Gathering Evidence Crime SceneInvestigation Overview
- 30. Crime Scene Investigation •Conduct of recognition, search, collection, handling, preservation, and documentation of evidence. • Includes witness interviews and suspect arrests at the scene.
- 31. Scene of theCrime Operation (SOCO) • Established under RA 6975 & RA 8551 (PNP Law). • SOCO now gathers and takes custody of crime scene evidence.
- 32. What Constitutes aCrime Scene? • Includes all areas where the suspect, victim, or eyewitness moved. • Boundaries must be clearly established. • May include multiple sites.
- 33. Golden Rule ofCrime Scene Investigation • Never touch, move, or alter any object until photographed, measured, and sketched.
- 34. Upon Receipt ofCrime Incident - Desk Officer • Record time, identity, location, and synopsis of the incident. • Inform superior or duty officer.
- 35. Upon Receipt ofCrime Incident - First Responder • Cordon off the crime scene. • Evacuate injured persons. • Take dying declaration if any. • Prevent entry/exit in cordoned area. • Brief arriving investigator.
- 36. Crime Scene InvestigationProper • Command Post setup and Evidence Custodian assigned. • Preliminary Survey conducted by CSI Team Leader. • Narrative Report prepared using systematic approach.
- 37. Documentation and Photography •Photographs taken before evidence is touched or moved. • Objective: accurate visual record of scene.
- 38. Pictorial Views • GeneralView (Long-range). • Mid-Range View. • Close-up View (multiple angles).
- 39. Crime Scene Sketches •Rough sketch with scale, proportion, and orientation. • Includes: measurement, direction, essential items, legend, and title.
- 40. Kinds of Sketches •Sketch of Locality. • Sketch of the Ground. • Sketch in Details. • Exploded/Cross Projection Sketch.
- 41. Sketching Methods • Neighborhood,Elevation, Floor Plan, Detailed Sketch.
- 42. Measurement Methods • Rectangularcoordinates, Triangulation, Baseline, Compass point, Cross projection.
- 43. Crime Scene SearchMethods • Strip/Line, Double Strip/Grid, Spiral, Zone, Radial/Spoke Method.
- 44. Note Taking &Evidence Collection • Detailed descriptions, times, persons involved in evidence handling. • Physical evidence must be marked, documented, and safeguarded.
- 45. Physical Evidence &Chain of Custody • Evidence must be properly identified and relevant. • Chain of custody must be proven in court.
- 46. Final Survey andRelease • Team leader reviews scene for completeness. • Scene released only after all evidence is collected. • Re-entry requires a warrant.