fundamentals of criminal investigation

Fundamentals of Criminal

InvestigationARVIN KIM A. ARNILLA, MA

Registered CriminologistProfessional Teacher

Information Interrogation Instrumentation

Objectives of the Investigation

People and Records

Physical Evidence

Locate the Offender

Identify the Offender

Provide Evidence of Guilt

Occurrence of Crime

Criminal Investigation

Flowchart of Criminal

Investigation

Tools of Criminal Investigation

1. Information – knowledge which the investigator gathers from other person; depends on intelligent selection of informative sources

Two (2) Kinds of Information

1. regular sources such as conscientious and public spirited citizens, company records, and files of other agenciesc

2. cultivated sources such as paid informant, former criminals, acquaintances, divers, waiters, others

2. Interrogation – skillful questioning of witnesses and suspect; varies with craft, logic, and psychological insight with which the investigator questions a person who is in possession of information relevant to the case

Interview – simple questioning of person who has no personal reason to withhold information and expected to cooperate with the investigator

Interview vs. interrogation

Interrogation – questioning of a suspect or person who is normally expected to be reluctant to divulge/ reveal/ give out information concerning the offense under investigation

3.Instrumentation – application of the instruments and methods of the physical sciences in the direction of crime

IDENTIFYING THE CRIMINAL OFFENDER

1. Confession or Admission

Confession is a declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily included therein, may be given in evidence against him.

Admission is a voluntary concessions or acknowledgement executed by a party of the existence of truth of certain facts.

2. Eyewitness Testimony

Jessica Alfaro

Hubert Webb

3. Circumstantial Evidence

3.1. Motive

3.2. Opportunity

3.3. Associative Evidence (brought about by Instrument)

LOCATING THE CRIMINAL OFFENDER

PROVIDING EVIDENCE OF GUILT

Corpus Delicti (fact that a crime was committed)

How to prove?

1. There exists a certain state of fact which forms the basis of the criminal charge

2. There exists a criminal agency which had caused the state of fact to exist

Example:(R.A. 8353 or Anti – Rape Law of 1997)

Any PERSON shall commit sexual assault: Element

by inserting his penis into another person’s mouth, or anal orifice

Through force, threat or intimidationOffended party or victim is deprived of reason of otherwise unconscious

Fraudulent machination or grave abuse of authority

by inserting any instrument or object, into the genital or anal orifice of another person

Offended party or victim is under 12 yrs. Old or demented

INTERVIEW OF WITNESS

Definition

asking questions to a person who is believed to possess knowledge that is official interest to the investigators

Importanceconstitutes the major source of information for most case under investigation

Types of Interview

Two (2) Major Types of Interview

1. On – the – Scene Interview (Informal)

Where: maybe conducted by police officer on the crime scene

Purpose: obtain/ get description of the criminal offender

Secure sufficient information to arrest the criminal as rapidly as possible

2. Formal Interview

Person Involved: Investigator-on-Case/ Investigator Assigned to the case

Three (3) Type of Formal Interview

a. Normal Interview – for cooperative witness or those who may be persuaded to cooperate

b. Group or Pretext Interview – for witness known to be reluctant or hostile, and for those who are believed to refuse or cooperate in the investigation or those who may be persuaded to cooperate

c. Follow – up interview which is frequently necessary in many cases because additional on vital points is necessary

QUALIFICATION OF INTERVIEWER

Salesman

Actor

Psychologist

REQUISITES OF INTERVIEW

1. Establish Rapport

2. Forcefulness of personality

3. Breadth of Interest

SETTING OF INTERVIEW

1. Background Interview

2. Routine Criminal Cases

Time and place of interview are not really a consideration, except for busy person

Criminal case, interview should be carefully planned Busy persons, interview can be done during the evening. Privacy is important

3. Important Criminal Cases

4. Appropriate Time

Should be conducted in places other than the subject’s homes or office (to prevent him/ her feelings confident)Investigator should control situationINVESTIGATOR SHOULD GET INTERVIEWEE’S RESPECT.

General Rule: should be conducted ASAP

BASIC RULES (APPROACH) IN INTERVIEW

FIRST MEETING W/ THE SUBJECT

REMEMBER: 1st Impression always lasts

1. Show credentials and inform subject of his identity

2. Identity must be stressed so as not to cause misunderstanding

INTERVIEWING WOMEN IN THEIR HOMES

1. Investigator should remain few paces from the door until the subject is convinced of his identity and invites him in

2. If possible, the investigator avoid interviewing at the threshold

3. When necessary, investigator should return at a later time when woman is reassured by the presence of a friend

BACKGROUND INTERVIEW

Information taken from Background Interview:

1. Personal information2. Schools attended3. Former employers4. Reasons for leaving previous employer/

employment

USUAL STAGES OF INTERVIEW

Manner of conduct of Interview: dependent on the relationship of the subject to the matter in question

Demeanor: of the investigator: must be suited to the requirements of the case

1. Preparation: investigator should mentally review the case and consider what information the witness can contribute. If the importance of the case warrants, he should acquaint himself with the background of the witness, this way, he may more easily strike a responsive chord. A checklist helps so that no important point is overlooked.

2. Warm – up: the first few minutes will determine the tenor of the interview. If investigator permits a clash of personalities or creates a tense atmosphere, the witness might tighten up and be reluctant to divulge all information. After showing his credentials, the investigator should open with a few friendly remarks.

3. Questioning: after the witness/ subject has told his story, the investigator should review it with him and request him to amplify certain points. Matters which have not been touched upon by the witness should be treated, the elements of the offense and other points in the case should guided the investigator in his questioning.

a. Guiding the conversation – questions and answers should fit an outline to avoid ramble.

b. Corroborating – information obtained from one witness should be correlated with that obtained from others.

c. Inaccuracies – discrepancies, falsehoods, and inaccuracies may become apparent during interview. Questionable points should bee treated repeatedly by rewording queries and by additional questions. Honest mistakes should be distinguished from misrepresentations.

d. Techniques of Questioning– Questions should not bee asked until the person appears to give the desired information in accurate fashion.

1. One Question at a time2. Avoid implied answer.3. Simplicity of question4. Saving face5. Yes or No question6. Positive attitude7. Controlling interview

IMPORTANT NOTE! Interviewer – the person asking the question/s Interviewee – the person responding/ answering the question/s

Techniques in Controlling Digression (Deviation)

1. Precise Questioning – precision of question formula

2. Shunting – consists in asking a question which relates to the digression from the original line of questioning

3. Skipping by guessing – narration progresses in detail and obvious steps

Typical Classes of Interviewees

1. Children

2. Young persons

3. Middle Aged Persons

4. Older Persons

Personalities of Interviewees

1. Know – Nothing Type

Where have you been?

I don’t know Sir!

2. Disinterested Type

Basi pwede kang makabulig sa pagsulbar it kaso ngara.

USNAY LABOT NA’KO SA IMUHA? ILAM SA

IMO JAN.

3. Drunken TypeInterviewee: Yu kold me her to as your kwistions? Shet! Shabat kot – a run, hik!Interviewer:

Pagkatapos ninyong uminom kabi-e, sin

dayon kamu nag –adto?

4. Suspicious TypeInterviewee: Basi ako ta du maigpit karon sir. Isaea pa may pamilya ta bi ako basi kun bae-san ta kami.

Basi pwede kang makabulig sa pagsulbar it kaso ngara?

5. Talkative Type

Interviewer: Ano ing pagkakila-ea kay Pedro Maringpalad ngara?.

Ay sir abo ta ang hasayran parte sa tawo ngaron suma nagkaeapit gid kami karon sa sueod it 20 anyos. Tinakaw na karon du manok ni lolo anay ngato tag nagpamalaaye imaw sa anang asawang si Mary.

Haso guid a ron sir. Tao baea sa animal ngato! Imaw anay dun du most behave sa among klase.

6. Honest Type

Unsa man gui-ingon niya sa

imuha?

Nga magsmile murag Monalisa!

7. Deceitful Type ANO’NG GINAWA MO ?

Nagma-magic ako sir! Hehe!

8. Timid (Shy) Type

Have you been to Lucky 7?

Pwede di sabton Ma’am?

Huya ang!

Adios ta! Huya - huya ka pa? Sabta eang to-

o!

9. Boastful, Egoistic or Egocentric Type

You’re not the type to

intimidate me! I am the boss

here!

Sir, can we talk for a couple of

minutes?

10. Refusal to Talk Type Rape

Murder

HomicideBisan mag –

ueodlut ing sip-on wa ka guid mabu-

eo kang.

DIRECT APPROACH AND DIRECT QUESTIONING

Direct Approach Direct Questioning

1. Complainant2. Suspect3. Informant4. Victims

EVALUATING THE INTERVIEWEES

1. Physical Mannerism: nervousness, evasive facial expression, embarrassment at certain question, perspiration and similar sign as indication to the truthfulness or trustworthiness of the person

MANNERISM PROBABLE INDICATION OFUnusual combing of hair

Evasive eye contactStuttering of the voice

Shaking of hand/s finger/sStumping of hands/ feet

2. Frankness: person should be tested with questions, answers to which should be known to the investigator. Significant omissions should be noted

3. Emotional State: observe unusual reaction to questions. Partial guilt can be detected by unwarranted indignation of excessive protest. Spite, jealousy, and prejudice can be easily detected.

4. Content of the statement: statement of the witness can be compared with statement of other witnesses, and with known facts. Discrepancies and misrepresentations can be detected by comparing the information with known facts

METHODS OF RECORDING INTERVIEW

1. Mental Notes

2. Written Notes

3. Stenographic notes

4. Sound recording

5. Sound and motion picture (video)

Interviewer’s Notebook

INTERROGATION OF SUSPECT

Interrogation is skillful questioning of person/s who are uncooperative in the conduct of investigation or are reluctant to divulge information pertinent to the conduct of investigation

Refreshing your memory!

What is INTERROGATION?

Approved:

April 27, 1992 by Pres. Corazon C. Aquino

radically changed the procedural requirement for lawful interrogation of a suspect or of a person under custodial investigation

Fundamental Rules on Interrogation

1. Investigator should identify himself as law enforcer with showing of credential

2. Explain to the suspect in general terms the nature of the offense under investigation

3. Inform the suspect of his wish to question him on matters relating to the offense

4.Advise the suspect of his rights, substantially in the following terms:

A. You have the right to remain silent; you do not have to answer any questions

B. You have the right to be assisted by an independent and competent counsel (lawyer) of your own choice

D. That anything you say can be used as evidence against you in any court of law.

E. Do you understand your rights as I have explained to you, as follows: the right to remain silent and the right to be assisted by a counsel?

C. If you cannot afford the services of a counsel, and you want to be assisted by a lawyer, this office shall provide you with a lawyer free of charge

F. After explaining your Constitutional rights, are you still willing to give FREE and VOLUNTARY statement of the facts of the case being investigated?

Miranda Doctrine cannot be waived except in writing and must be signed in the presence of a legal counsel

requires all law enforcers to issue to all suspects once arrested and taken into custody

Admission vs.

Confession

Admission – acknowledgement that a fact, action or circumstance is true; may strongly infer or directly admit guilt, however, it will lack detail as to the elements of the crime

“Yes, I stole the car.”

“I stabbed him.”

“I didn’t mean to hurt her.”

“I just killed a man.”

“When I found out Nick slept with my younger sister, I went home and thought about for a couple of days, then I decided to kill him. I bought a gun and ammunition, loaded the gun and went to Nick’s house and shot him three times in the head while he was talking on the phone.”

Confession – more complete statement admitting each element of the crime

Options and Procedures in Interrogation

1. The suspect may choose to remain silent. If BEFORE or DURING questioning, the suspect invokes his right to remain silent, interrogation must be foregone or stopped. Investigators must respect the suspect’s right to remain silent. Threat, tricks, or cajoling designed to persuade the suspect to waive his right are forbidden

Sir, according to R.A. 7438, I

have the right to remain silent.

Did you rape Elisa?

Ok, we’ll respect your peace!

SCENARIO Sir, lalaki tayo! I’m a lover boy! Can you blame

me?So inaamin mo na ni – rape mo

siya?

2. The suspect may request a legal counsel. NO INTERROGATION MUST BE ATTEMPTED UNTIL THE LAWYER

OF HIS OWN CHOICE OR STATE - APPOINTED LAWYER IS PRESENT. If before and during questioning, the suspect invokes

his rights to request and have counsel, the interrogation must cease until a lawyer is procured/ produced.

SCENARIOSir, RA 7438

mandates that I should be provided with a lawyer of my choice. I want Atty. Fortun to handle my

case.

Ok, I’ll call Atty. Fortun.

3. The suspect may waive his rights. To forego this, an affirmative statement of rejection is evidently required.

The burden of proof is on the prosecution.

Do you waive your right to

remain silent?Yes sir?

Withdrawal of a waiver is ALWAYS permitted.

Sir, bawi-on ko lang ang waiver!

Ano kat-ing ngara? Makay bawi- bawi kat-

ing!

O sige! I-note ko lang nga ginbawi

mo du imong waiver!

Hay, ginabawi ko’t a sir. It’s my

right.

If interrogation continues without the presence of attorney and a statement is taken, a heavy burden rests on the prosecution to demonstrate that the defendant knowingly and intelligently waived his right against self – incrimination and his right to retain or appoint counsel.

TYPES OF SUSPECTS

1. Willing suspect – remorseful or conscience – stricken one who feels anguish or distress cause by the sense of guilt for the crime he or she has committed

2. Inadequate suspect – emotionally – unstable suspect or mentally deficient

3. Unwilling suspect – refuses to cooperate or relate information for one or more of a variety of reassons

4. Egoist – has a exaggerated sense of self – importance, perhaps seeing himselp or herself as a “professional” in some criminal specialty and acting accordingly; enjoys boasting about past accomplishments

5. Defiant Type– seem immovable and unemotional but is actually defense mechanism

THE CRIME SCENE

– locale/ place within immediate vicinity of the occurrence wherein evidence may be found

Definition of Crime Scene

A crime scene is a location where an illegal act took place, and comprises the area from which most of the physical evidence is retrieved by trained law enforcement personnel, crime scene investigators (CSIs) or in rare circumstances, forensic scientists.

Instrumentation through Forensic

Science

Instrumentation is the examination of minute details of physical evidence through methods of forensic science and the application of laboratory equipment.

Two (2) Branches of Forensic Science

1. Criminalistics

2. Forensic/ Legal Medicine

1. Ballistics,2. QD Examination, 3. Dactyloscopy, 4. Photograpy and 5. Polygraphy

Purposes of Criminalistics

1. To identify a substance, object or instrument

2. To establish a connection between crime scene evidence and a known comparison obtained from a suspect, thus linking the suspect to the crime science or victim.

2. To reconstruct how a crime was committed.

3. To protect innocent by developing evidence that may exonerate the suspect .

2. To provide expert testimony in court.

Means of Developing Physical Evidence

1. Contrast – the most familiar way to bring out details.

Using black or white powder to process a crime scene for fingerprints

Role of Crime Laboratory1. Establish an element of crime

2. Link the crime scene or victim to the criminal

3. Reconstruct how the crime was committed

a. Time Element

b. Facts of the Case

c. Incriminating Evidence

d. Protect the Innocent

e. Expert Testimony

Investigative Value of Forensic Medicine

1. Forensic Pathology

a. Establishes the cause and manner of death – natural, suicide, accident, or homicide

b. Establishes the time of death

c. Indicates the type of instrument used to commit the homicide

d. Indicates whether injuries to the body were post –mortem or ante - mortem

e. Establishes the identity of the victims.

f. Determines the age of the victim.

g. Determines the sex, height, and age of mutilate or decomposed bodies and skeletons.

h. Determines virginity, defloration, pregnancy, and delivery and sodomy

2. Forensic Serology

Study of BLOOD

3. Forensic Toxicology

Toxicology is the study of poison – their origins and properties, their identification by chemical analysis, their action upon humans and animal, and the treatment of the conditions they produce

Famous Case: Michael Jackson

3. Forensic Odolotology

Forensic odontology is the study of the teeth, dentures (false teeth), bite marks for the following purpose

1. To connect a bite mark to a particular person