police and criminal investigation: analysis of …
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POLICE AND CRIMINAL INVESTIGATION:
ANALYSIS OF SUCCESSFUL POLICE CRIMINAL INVESTIGATION AND
CHALLENGES OF INVESTIGATION IN UGANDA.
A CASE STUDY OF LIRA MUNICIPAL, LIRA DISTRICT
BY
OKELO SAM KATARE
LLB/43553/1O1/DU
A RESEARCH DESERTATION SUBMITTED TO THE FACULTY OF LAW IN
PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF A
BACHELOR OF LAWS OF KAMPALA INTERNATIONAL UNIVERSITY
MAY 2014.
DECLARATION
I SAM OKELLO KATARE a student of KIU hereby declare that this work is my
original work to the best of my knowledge and belief. It had never been
presented by any other person or institution for any academic award in and
outside KIU.
Sign ... ~ .... ... .
Data .... p .(~j~).~l ·Po}. y::,
APPROVAL
This research has been duly supervised and submitted with my approval as a
university supervisor
:::~ ~3r:.:;: ....... . Date . ..... ~ ~ .1. ~ )~ .t.-/ ..... .. ... . .
~ 3
\~ ~\em-' \c,;i
'J..~ s1li
ii
DEDICATION
I dedicate this work to my beloved parents Wilbert Okeng and Lilly Okeng, my
wife Rose Okello, my son Obong David Moyes and brothers and sisters for
helping me in the course of my studies.
iii
ACKNOWLEDGEMENT
First and fore most, in a special way, greatly indebted to my beloved God who
encouraged, protected, provided and guided me throughout the production of
this instigation.
I wish to thank all those who helped me during the process of research wok. In
a special way I convey my th.anks to my supervisor for her guidance, dedicated
attention, suggestions and encouragement accorded to me. I thank the staffs
who contributed to my success for their encouragements and advice they
offered to me which helped me to succeed. I am also grateful to all my family
members' brothers and sisters for the love and encouragement they have
showed me while at KIU.
More thanks go to all my fellow students who helped me in one way or another
towards the completion of this study and my course at large for the
encouragement.
May the almighty God bless you abundantly.
iv
LIST OF FIGURES Figure 1: Conceptual frame work
Figure 2: Ever-widening cycle
Figure 3: Sector search
Figure 4: Strips or grids search for out door areas
Figure 5: Blood and blood stain
Figure 6: Imprint
Figure 7: Impressions
Figure 8: Interviewing witness: non suggestive structure
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LIST OF LEGISLATIONS AND STATUTES
Constitution of the Republic of Uganda - 1995
The Evidence Act - Cap 6
The Judicature Act - Cap 13
The Magistrate Court Act- Cap 16
The Penal Code Act - Cap 20
The Trial on Indictment Act - Cap 23
The Procedure Code Act - Cap 116
The Children Act - Cap59
The Police Act - Cap 303
The Local Government Act - Cap. 243
The Evidence (statement to Police) Rules 1961 (SI 43-1)
Police Standing Orders (Vol.2 on Crime and criminal investigation Department)
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TABLE OF CONTENTS DECLARATION .......................................................................................................................................... i
APPROVAL ................................................................................................................................................. ii
DEDICATION ........................................................................................................................................... iii
ACKNOWLEDGEMENT ......................................................................................................................... iv
LIST OF FIGURES ................................................................................................................................... v
LIST OF LEGISLATIONS AND STATUTES ...................................................................................... vi
TABLE OF CONTENTS ........................................................................................................................ vii
CHAPTER ONE ......................................................................................................................................... 1
1.0 Introduction ................................................................................................................................... 1
1.1 Background to the problem ..................................................................................................... 3
1.2 Statement of the problem ......................................................................................................... 3
1.3 Purpose of the study ................................................................................................................... 7
1.4 Specific objective .......................................................................................................................... 8
1. 5 Research questions ..................................................................................................................... 8
1.6 Scope of the study ....................................................................................................................... 8
1.7 The significance of the study ................................................................................................... 8
1.9 Methodology ................................................................................................................................. 12
CHAPTER TWO ...................................................................................................................................... 13
2.0 Introductions ............................................................................................................................ 13
2.0.1 Institutional Framework .............................................................................................. 13
CHAPTER THREE .................................................................................................................................. 14
METHODOLOGY .................................................................................................................................... 14
DATA PRESENTATION, ANALYSIS AND INTERPRETATION ............................................... 14
3.0 Introduction ................................................................................................................................. 14
3.1 Conceptual Framework. ........................................................................................................... 14
3.2 Types of information relevant to investigations ............................................................... 15
3.2.1 Information from Physical Evidence; ............................................................................... 16
3.2.2 Information from People/victims Witnessed and Suspects ..................................... 16
3.2.3 Eye witness and identification ........................................................................................... 18
3.2.4 Demographic Characteristics (Profiles) of Respondents ............................................ 18
3.2 Age Categories of the Respondents ...................................................................................... 19
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3.2.5 Crime profile of the area of study ..................................................................................... 19
3.5 Research Designs ....................................................................................................................... 19
3.6 Research Population ................................................................................................................. 20
3.7 Sample Size ......................... : ........................................................................................................ 20
3.8 Sampling Procedure/Techniques ......................................................................................... 20
3. 9.1 Questionnaire .......................................................................................................................... 21
3.9.2 Interviews .................................................................................................................................. 21
3.9.3 Observation .............................................................................................................................. 21
3.10 Data Control and Measurement ......................................................................................... 21
3 .12 Ethical considerations ........................................................................................................... 22
3.13 Study Limitations .................................................................................................................... 22
CHAPTER FOUR. ................................................................................................................................... 24
ANALYSIS OF SUCCESSFUL POLICE INVESTIGATION ...................................................... 24
4.0 Institution of criminal proceedings ...................................................................................... 24
4.1. First information report ......................................................................................................... 24
4.2 Preliminary investigations ...................................................................................................... 25
4.3 The follow-up or continuing investigation ......................................................................... 27
4.3.1 Reconstructing the crime. A rational theory ................................................................. 28
4.3.2 Focusing the investigation .................................................................................................. 28
4.4 Basic investigation leads ......................................................................................................... 28
4.6 The crime scene search ........................................................................................................... 31
4.6.1 Duty of an investigating officer at the scene ................................................................. 32
4.6.3 Systematic search procedures ........................................................................................... 33
4.6.3 Preliminary examination of the scene ............................................................................. 36
4.6.4 Recording the crime scene .................................................................................................. 37
4.6.4.1 Field notes taking ............................................................................................................... 37
4.6.4.2 Photographing the crime scene ..................................................................................... 37
4.6.4.3 Planning picture taking at crime scene ...................................................................... 38
4.6.5 Sketching crime scene ..................................................................................................... 40
4. 7 Methods of sketching the crime scene ......................................................................... 41
4.8 Collection and preservation of physical evidence ................................................... 42
4.8.3 Evidence kit ............................................................................................................................. 44
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4.8.4 Preservation of physical evidence ..................................................................................... 44
4.8.5 Marking evidence ................................................................................................................... 45
4.8.6 Packaging physical evidence ............................................................................................. .45
4.8.7 Transporting physical evidence to a laboratory: .......................................................... 46
4.8.8 Collecting physical evidence ............................................................................................... 46
4.8.8.1 Weapons ................................................................................................................................ 46
4.8.8.2 Blood and bloodstains ...................................................................................................... 47
4.8.8.4 Marks of tool (tool marks) ................................................................................................ 51
4.8.8.5 Dust, dirt and other traces ......................................................................................... 52
4.8.8.6 Questioned documents ................................................................................................. 53
4.8.8. 7 Other evidence .............................................................................................................. 53
4.9.0 Investigating major crimes .................................................................................................. 54
4.9. 1 Crimes ofviolence .................................................................................................................. 54
4.9.2 Investigating Assault ............................................................................................................ 54
4. 9.3 Investigating rape ................................................................................................................... 55
4.9.4 Criminal homicides ............................................................................................................... 56
4.9.5 Manslaughter . ....................................................................................................................... 56
4.9.7 The suspicious death ............................................................................................................ 57
4.9.8 Time of death ........................................................................................................................... 57
4.9.9 Patterns of criminal homicide ............................................................................................ 59
The revenge or jealousy killing . ............................................................................................... 60
4.9.6 The criminal homicide scene .............................................................................................. 60
4. 10 Robbery ....................................................................................................................................... 61
4.11 Locating witnesses and recording statements ............................................................... 63
4. 12 Recording statements ............................................................................................................ 64
4.13 Interviewing witness ............................................................................................................... 65
4.14.0 The suspect ........................................................................................................................... 68
4.14.1 Identification and arrest of suspect: ............................................................................. 68
4.14.2 Identification parade .......................................................................................................... 70
4. 14. 3 Arrest: ...................................................................................................................................... 70
4.15 Interrogation ............................................................................................................................. 70
4.15.1 The interrogation session ................................................................................................. 71
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4.16 Confession ................................................................................................................................. 73
4.17 Case preparation ..................................................................................................................... 73
CHAPTER FIVE ...................................................................................................................................... 75
CONCLUSION, CHALLENGES AND RECOMMENDATIONS ............................................... 75
5.0 Introduction ................................................................................................................................. 75
5.1 Conclusion ................................................................................................................................... 75
5.2 Challenges affecting successful police Criminal Investigation in Lira Municipality ................................................................................................................................................................. 77
5.2.1 Ignorance of the law: ............................................................................................................. 77
5.2.2 Mob justice: .............................................................................................................................. 77
5.2.3 Political interference: ............................................................................................................ 78
5.2.4 Lack of adequate logistical, technical and financial resources: ............................. 78
5.3 Recommendations ..................................................................................................................... 78
5.3.1 Massive sensitization ............................................................................................................ 78
5.3.2 Availability of adequate funding ........................................................................................ 79
5.3.3 Training and regular refresher courses .......................................................................... 80
5.3.4 Poor remuneration ................................................................................................................. 80
5.3.5 Review of rules of procedure .............................................................................................. 80
REFERENCES: ................................................................................................................................... 81
APPENDICES .......................................................................................................................................... 83
APPENDIX I ......................................................................................................................................... 83
APPENDIX Il ........................................................................................................................................ 89
APPENDIX III ...................................................................................................................................... 90
OBERVATION GUIDE (CHECKLIST) ........................................................................................... 90
APPENDIX IV ...................................................................................................................................... 91
APPENDIX V ........................................................................................................................................ 92
TIME FRAME FOR RESEARCH REPORT .................................................................................. 92
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CHAPTER ONE
1.0 Introduction
Criminal cases are investigated to make a critical search for truth and
information, gather facts and data to bring cases to satisfactory conclusion.
The police force plays a primary role in the administration of criminal justice
through the prevention and detection of crime. Therefore it is duty of the police
to investigate suspects, witnesses and carry out arrests and seizures.
In Uganda's criminal justice system, the police perform investigation on their
own authority in order to execute their functions as enshrined in the
constitution.
There are various agencies which are charged with the duty to investigate
cnme in different government department i.e. Inspectorate of Government,
Uganda Revenue Authority (URA), Immigration Department, National Bureau of
Standards and National Drug Authority. However, the major responsibility to
investigate crime in respects of general offences under the Penal Code not lies
with the Uganda Police under its investigatory department known as Criminal
Investigation Department (CID).
The Uganda Police Force is established under the constitution and it's
supposed to be organized and administered in such a manner as parliament
may be law prescribe1 the structure and administration of the Uganda Police
Force is under the command of the Inspector General of Police assisted by the
Deputy Inspector General of Police assisted by Directors In Charge of various
departments in the Police Force.
The constitution provides for the function of police to include interalia 2 to
prevent and detect crime the above function is buttressed by the police that
1 Sec. 1 Article 211 of the constitution 2 Sec. 2 Article 213
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sets out the function of the police Authority interalia3 to prevent and detect
crime in society.
The police officer is vested with wide powers to facilitate the execution of his or
her duties and functions. A police officer shall in the performance of the
functions of his office4 to detect and bring offenders to justice. The process of
initiating the criminal process is usually by the victims of crime or the persons
feeling offended aggrieved by the crime. The person sets criminal law in motion
by making a report to the police or local authority or the magistrate in the
area5 . Access to justice principle demands that any person should be allowed
and given all the facilities to move the machinery of law against the alleged
culprits in order to defect and punish such offender.
When a criminal offence has been reported, the competent authority
commences the criminal process by investigating the circumstance, in this
phase, relevant evidence is collected and preserved for a possible trial. The
investigation process itself is an essential element of the criminal justice
system since it comprises the vital link between mere suspicion that a crime
has been committed and the formal accusation of the person or persons
suspected of having committed the offence.
Criminal investigation encompasses everything the police do from the time they
become aware that a crime has been committed until all investigative efforts
have come to an end, whether or not a prosecution results6 . The investigation
of an offence should generally consist of:7
(a) Proceeding to the spot or scene of crime
(b) Ascertaining of the facts and circumstances of the case.
(c) Discovery and arrest of the suspected offender.
3 Section 4 Police Act 4 Section 21 Police Act 5 Section 42(1) c, & 42(3) of the Magistrate Court Act 6 John P. Kenney and Harry W. more. Principles of investigation 2 Ed. Pg .. 9. 7 Ssekana .M., Criminal Procedure and Practice in Uganda pg.99
2
(d) Collection of evidence relating to the commission of the offence which
may consist of:
The examination of various persons (including the accused) and the
reduction of their statements into writing and the search of places or seizure
of things considered necessary for the investigation or to be produced at the
trial.
(e) Formation of the opinion as to whether on the materials collected there is
a case to place the accused before court for trial.
The criminal investigation department of Uganda police force is under the
leadership of the Directorate of the Criminal Investigation (CID) is tasked with a
responsibility of carrying out the investigation of offences and makes an
effective and efficient instrument for criminal investigators.
Different crimes call for different skills in their investigation; however there are
general principles which are normally followed in investigation of crimes. An
investigating officer collects evidence through witnesses or collecting exhibits
and records the statements on police forms PF-2 {a)8 .
1.1 Background to the problem.
It is not easy to trace the origin of criminal investigation. In Uganda the original
of criminal investigation can be well traced from the established of police force.
The police officer in the performance of his duty is empowered to detect and
bring offenders to justice9 . Investigation is carried to establish the commission
or the fact that a crime is committed
1.2 Statement of the problem.
Analysis of successful police investigation. Criminal investigation is a very
crucial aspect in criminal justice. When a criminal offence has been reported,
the competent authority commences the criminal process by investigating the
8 Ssekana .M. Criminal Procedure and practice in Uganda pg. 100. 9 section 4 of the police Act
3
circumstances. Successful investigations are based on collection of evidence
relating to the commission of the offence which may consist of:
(a) The examination of various persons (including the accused) and the
reduction of their statements in to writing.
(b) The search of places of crime scene and seizure of things considered
necessary for the investigation or significance.
Different crimes call for different skills in general principles which are normally
followed in the investigation of crimes. An investigating officer collects evidence
through witnesses or collecting exhibits. The investigating officer; interview
any eye witnesses who saw the crime being committed and later request them
to make statement to that effect, interview person who may know about the
commission of the offence, interview persons who heard the offence being
committed and interview the victims of the crime10 .
Knowledge of evidence and its legal significance is essential to success as an
investigation. The investigator must know what evidence is required on the
issue of quilt or innocent whether such evidence indicates guilt or innocent and
when guilt is apparent, whether such evidence in total is likely to prove guilt
beyond a reasonable doubt.
Evidence is referred to testimony, writings, material objects and other things
offered to prove the existence or non existence of a fact 11 . It's of various natures
including:
Direct evidence: means evidence that directly proves a fact, without an
inference or presumption and tat in itself, if true. Conclusively establishes that
fact.
'0 Ibid.
11 Paul. Weston and Kenneth. Wells. Criminal investigation Basic Perspectives 3'' Ed.Chap 2pg. 17.
4
Circumstantial evidence: is evidence relating to a series of facts other than
those at issue that tends by inference to establish the fact at issue.
Non testimonial evidence is real, demonstrative, documentary and graphical
evidence. They are articles and things presented in court for examination by
the court.
The legal significance of evidence rests in its influence on the judge. In as much
as investigator must collect all of the evidence, and the court must weigh the
significance of any evidence in relation to its possible presentation in court, the
first item of importance is whether the evidence is admissible. All investigators
must have a working knowledge of rules for the admissibility of evidence in
order to ensure that the evidence will be admissible in court12 .
Admissibility usually depends upon the evidence being relevant, material and
competent. Whether evidence is material depends on its relationship to the
case. It is material when it is important13 . All evidence to be admissible must
be obtained in a lawful manner.
There is a marked sensitivity to the admissibility of evidence in areas of inquiry
in which the techniques of investigation previously practiced have resulted in
adverse court decisions critical of such investigative practices 14 . These areas
are search and seizure, interrogation and lineups for investigation.
When the perpetrator is not promptly arrested and the identity is unknown in
such cases the basic investigative leads must be developed by the investigator
to reveal the identity of the perpetrator15.these investigative leads includes:
12 Paul .B. Western and Kenneth .M. wells. Criminal Investigation Basic Perspectives 3'' ed.chap.2.pg. 19 13 Ibid. 14 ibid 15 Paul. B. Western and Kenneth M. Wells. Criminal investigation .Basic Perspectives 3'' Ed chap 7. Basic investigative leads pg. 112.
5
The motive and opportunity (or presences) are broad areas of investigation
basic to any crime. The people and things involved in a crime offer leads to the
identity, motives, and opportunity of any perpetrator known or unknown.
The victim offers the initial basic lead, the background of the victim
furnishes data, as do his activities just prior to the crime.
Informants: the successful use of informant is complex combination of an alert
and knowledgeable investigator knowing where to seek information, finding the
contacts persons having the information and probing and prying to get it.
People of giving information to police can be categorized as non profit, profit
making informants and specialized employees who work to develop the
probable cause for arrests.
A frightened and knowledgeable ex-girl friend or ex-wife in self defence has
often allied herself with police efforts and deliver vital information about the
criminal activities of the ex-boy friend or ex-husband.
The factor of benefit often can provide investigative leads. In homicide cases
the motive of jealousy or elimination is a standard avenue of inquiry. Whenever
a wife or husband dies and the death is unexplained the survivor is suspected.
Necessary action is taken to discover the classic love triangle. If a third party is
involved, the triangle is considered a promising lead.
The factor of opportunity. Searching for the identifying individual with the
opportunity to comment a crime is a valid basic lead.
Admitted or suspected presences at the scene of the crime at all about the
time of it's currency may be more than an immediate investigative aid, but it is
a lead.
When offenders known they are suspected or being at the crime scene, and
thus vulnerable to this opportunity line of inquiry, they often fabricate an alibi
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a claim of being elsewhere investigation into disclose any fabrication, justify
other inquires directed at this suspect.
The factor of knowledge. Possession of knowledge needed to commit a crime
suggests possession also of skill and capacity to have done it.
This is done to establish who may have had the knowledge necessary for
commenting the crime.
Other investigative leads include motor vehicle, weapons, fingerprints, stolen
property. Phonographs known of criminal, injured suspects etc.
In case of known identity the objective is to corroborate the story of the eye
witness. The investigator follows investigative leads particularly to corroborate
the eye witness stories.
In case of unknown identity the objective is to identify perpetrator.
1.3 Purpose of the study
The purpose of the study is done to analyze a successful police investigation by
taking into account essential factors necessary during police investigation. The
success of investigation depends on the evidence collected and its legal
significance. The knowledge of evidence and its legal significance is essential to
an investigator so that the investigator would know which evidence is required
on the issue of guilt or innocence and its relevancy and admissibility. During
the research, the researcher noted that it's necessary to develop basic
investigative leads in cases of both know identity and unknown identify of the
perpetrator and it's a must in case of unknown identity in order to reveal the
identity of the perpetrator and other corroborate the story of the eye witnesses.
The background of the victim furnishes or offers basic lead, informants is a
starting point in seeking basic lead, informants include, non profit, pay
informant and special employee and basic leads like benefit, opportunity,
knowledge etc.
7
1.4 Specific objective
The study is aimed at achieving the following specific objectives
To provide a guide for successful police criminal investigation.
To identify factors responsible for a successful criminal investigation
To identify some of the challenges hindering success of criminal investigation
in general and more specific to the area of study
1.5 Research questions
The study attempted to find answers to the following questions;
1. What are the various rules and procedures involved m criminal
investigations in Lira Central Police Station in Lira district?
2. To what extent are these rules and procedures observed in the course of
criminal investigations in Lira Central police Station in Lira district?
3. What are the challenges of ensuring observation of rules and procedures of
criminal investigations in Lira Central police Station in Lira district?
4. What are the factors leading to successful police criminal investigation?
1.6 Scope of the study.
It covered investigation right from a preliminary stage, collection and
preservation evidence, follow-up investigation, processing exhibit, testifying
and tendering physical evidence in court. It has covered crime reports and
investigative reports for at least two (2) consecutive years ie from the year 2011
to 2012.
1. 7 The significance of the study
The findings are expected to be useful in many ways as follows:
8
To the police criminal investigator, the findings of the study are expected to
contribute towards equipping the police investigator with knowledge necessary
for successful investigation.
To the policy markers, the findings of the study may be useful in assessing the
existing instruments on investigation process and to determine whether or not
to adopt new and modern techniques in order to limit or solve the up coming
challenges and fill the gaps.
To other stake holders like, court, prosecution and lawyers to ensure that
criminal justice is done.
To students and other readers or users, the finding is relevant in criminal
procedure studying, and future research material.
1.8 Literature review
This is a study taken to examine some of the existing literature relating to the
police and criminal investigation. It is basically on the factors necessary for
successful police investigation. It is based on the assessment of various
scholars and researchers who have studied this problem before and analyzed
the accuracy and applicability of their finding pointing out the strong points
that need emphasis and weak point that need be revisited or revised.
The researcher during desk research at the library of Kampala International
University and Public Library at Lira and Gulu studied various literatures by
different scholars on the same subject. However it's worth to note that in
Uganda there are few literatures and scholars who have written about the
subject criminal investigation in spite of the foregoing, the researcher analysis
on the existing literatures and the scholars is as on the existing literatures and
the scholars is as follows, to begin with "A guide to Criminal Procedure in
Uganda" by Odoki. In this book Odoki noted that investigation starts with
information reported at police.
9
And that this information is usually in the form of statements recorded from
the witnesses interviewed or interrogated 16 . However the researcher has
identified gaps in this Book, the scholar did not give a detail processes in
criminal investigation. The scholar did not cover the specific techniques
required by the investigator or police in various types of crimes during the
course of investigation, the area in which the researcher has covered.
Conduct of investigation, according to M. Ssekana consist of: 17 proceeding to
the spot/ scene of crime, ascertaining of the facts and circumstances of the
case, discovery and arrest of suspected offender, collection of evidence relating
formation of the opinion as to whether on the material collected there is a case
to place the accused before court for trial.
The first information report. Any person can give information to the police
relating to the commission of an offence. This information is usually recorded
in the criminal record book before a statement is made to give the full facts
surrounding the occurrence of the offence 18 . This book has been very
instrumental to the researcher in carrying out research as it provides
substantial relevant information or data necessary for a successful criminal
investigation. However some areas are left un cover by the author to wit the
basic investigation leads, it's a very useful technique employed both in
situations where there is known identity or unknown identity of perpetrator is
curtained and it's a must in cases of 'unknown identify19.
Further according to F.J Ayume in his book "Criminal Procedure and Law in
Uganda. The researcher finds this book useful as it discusses extensively about
arrest and search with or without warrants which is part of investigation
process20 . The researcher however noted that this is the only aspect that this
16 Sec. B.J Odoki A guide to Criminal Procedure in Uganda (2rd ) at page 18 17 Ssekana.M. Criminal Procedure and Practice in Uganda pg. 49. 18 Sec .. Ssekaana .M. Criminal Procedure and Practice in Uganda at page 99-101. 19 Paul. Weston and Kenneth. Wells: Criminal Investigation Basic Perspectives 3'd Ed. Chap.7. Basic Investigation leads pg 114 20 Sec. F.J Ayume. Criminal Procedure and Law in Uganda law Africa publishing 2010 page 36.
10
book addresses in as far as criminal investigation 1s concerned leaving large
areas of investigation to be covered.
Whenever a police officer, not being lower in rank than a sergeant, has
reasonable grounds of believing that anything necessary for the purposes of an
investigation into any offence which he or she is authorized to investigate may
be found in any place and that such they can not in his or her opinion be
otherwise obtained without un due delay. Such officer may, after recording in
writing the grounds of his or her belief, as specifying in such writing, so far as
possible, the thing for which search is to be made, search or cause search to be
made, for such thing21.
Any police officer may stop, search or detain any vessel, boat, aircraft or vehicle
in or upon which there is reason to suspect that anything stolen or unlawfully
obtained may be found and also any person who may be reasonably suspected
of having in his or her possession or conveying in any manner anything stolen
or an lawfully obtained and may seize any such thing22.
The researcher studied literatures from other jurisdictions to mention the
authors like John P. Kenny and Harry W. More, in their book "Principles of
Investigation". The book covers extensively criminal investigation processes.
According to this book investigation process consists of two distinct phases: the
preliminary or initial investigation and follow-up investigation. Preliminary
investigation covers the activities and responsibilities of the officer who respond
to the complaint and follow-up investigation encompasses activities after
preliminary investigation23.
The investigation of a crime can be initiated in the following ways: by the victim
or a person aware of a crime reports it to the investigation agency. An
investigator observes a crime in progress or has reason to believe that a crime
21 Section 27 (II) of Police Act. 22 Sec. section 7(1) Criminal Procedure code Act. 23 Sec.John .P. Kenny and Harry W. More Principles of Investigation 2"' Ed page 10.
11
been committed, undercover investigations are initiated to deal with victimless
crimes by infiltrate the perpetrators of the offence and informants. Informants
may be paid to provide preliminary evidence information about illegal
activities24 .
In the book of Criminal Investigation Basic Perspectives. The preliminary
investigation is part of the duties and responsibilities of the first police officer
at the scene. The preliminary investigation is a phase of the total investigation
during which the following duties should be completed25;
• Establish whether a crime has been committed in eyewitness cases, secure
a description of the perpetrator.
• Locate and interview the victim and witnesses record their stories and take
statements, protect crime scene and search for and collect objects and
traces that are obviously evidence. Etc.
• Knowledge of evidence and its legal significance is essential to success as an
investigator. The investigator must know what evidence is required on the
issue of guilt or innocence, whether such evidence in total is likely to prove
guilt beyond a reasonable doubt.
1.9 Methodology
The researcher examined the aspects of conceptual framework, demographic
characteristics of the respondent and the crime profile of criminal report from
the area of study (Lira Central Police Station). The researcher employed
research instruments for example research questionnaires, interviews,
observation, research design, and study population, sampling techniques
together with sample size and data analysis meth
24 Page 38 & 39 ibid. 25 Sec. Paul B. Weston & Kenny M. wells criminal investigation Basic perspectives 3'' Ed.
12
CHAPTER TWO
Legal and Institutional Framework
2.0 Introductions
Criminal investigation is governed by Criminal Procedure Code Act, The 1995
Constitution of The Republic Of Uganda, The Evidence Act Cap 6 and Doctrine
of Common Law which requires both legal and evidential proof beyond
reasonable doubt. However the subject of investigation does not have specific
enactments or code in Uganda.
2.0.1 Institutional Framework
Criminal investigation in Uganda is vested in the police under the department
of Criminal Investigative Department (CID) with smaller officers including
Scene of Crime officer, Detective Constable and Patrol Unit.
13
CHAPTER THREE
METHODOLOGY
DATA PRESENTATION, ANALYSIS AND INTERPRETATION
3.0 Introduction.
The chapter discusses the findings of the research based on data collected and
analyzed in relation to the successful police investigation in Uganda. As already
indicated, particular reference was made to Lira, Lira Police stations in Lira
district. The findings were ~orted and presented based on study objectives. It
examines aspects of conceptual framework, demographic characteristics
(profile) of the respondent and the crime profile of the area in which the
research was conducted. It also employed research design, study population,
sampling techniques together with sample size and data analysis methods.
3.1 Conceptual Framework
For the purpose of understanding the nature of criminal investigations and
theories applicable, different variables were used to spell out the details of art
of investigations. The study was carried out basing on the interrelationships
between the variables in the research problem. It explored the connection
between the independent variables (which in this case are the criminal
investigations), dependent variables (which are essential factors for successful
police investigation) and other intervening variables. It was a concerned of the
researcher to conceptualize the work of an investigator at the scene of crime in
relation to applicable rules and procedures in investigations process.
14
Fig 1: Conceptual framework
CRIMINAL OTHER RULES AND INVESTIGATIONS FACTORS (Intervening PROCEDURES
(Independent variables) (Dependent variable) variable) Crime scene ..
preservation Presumption of :rime scene search Availability of Police innocence ,rrest of the suspect criminal records Observation of 'rocessing of Quick response to suspect's rights vidence crime reports Lawful arrest and rosecution in court detention
'
t l I
SOURCE: Researcher
The above diagram is an illustration of the conceptual framework in criminal
investigations and the theories applicable to them.
3.2 Types of information relevant to investigations
Raski D. C, in his book 'Psychological Methods in Criminal Investigation and
Evidence states that; 26 "The major problem for the police in conducting
criminal investigations. Determining the utility of the information (evidence)
collected. While much information may be discovered or otherwise available to
the police, only a small portion of it may accurate, complete, and relevant, and
hence useful, in establishing the identity (and/ or whereabouts) of the culprit."
This implies that not all types of information are equal in this regard; some
types of evidence are usually more useful than others. However, some of the
most important types of evidence or information include the following;
26 Raski D.C Psychological Methods Criminal Investigation and Evidence.Pg.77.
15
3.2.1 Information from Physical Evidence;
Physical evidence is evidence of a tangible nature relating directly to the crime.
Physical evidence includes such items as fingerprints, blood, fibers, and crime
tools (knife, gun, crowbar, etc.). Physical evidence is sometimes referred to as
forensic or scientific evidence, implying that the evidence must be scientifically
analyzed and the results interpreted in order to be useful. Physical evidence
can serve at least two important functions in the investigative or judicial
process27 .
First, physical evidence can help to establish the elements of a cnme. For
example, pry marks left on a window (physical evidence) may help to establish
the occurrence of a burglary. Second, physical evidence can associate or link
victims to crime scenes, offenders to crime scenes, victims to victims,
instruments to crime scenes, offenders to instruments, and so on. Most
forensic or physical evidence submitted for analysis is intended to establish
associations of offender with a criminal. "Forensic Evidence and the Police: The
Effects of Scientific Evidence on criminal Investigations". The culprit is
developed in some other way and then physical evidence is used to help
establish proof of guilt2S.
3.2.2 Information from People/victims Witnessed and Suspects.
Information from people; another major source of information in a criminal
investigation is people, namely witnesses and suspects or victim29 . Witnesses
can be classified as either primary or secondary. Primary witnesses are
individuals who have direct knowledge of the crime because they overheard or
observed its occurrence. This classification would include crime victims who
observed or who were otherwise involved in the offense. Eyewitnesses would
also be included here. Secondary witnesses possess information about related
27 Paul .B. Weston and Kenneth.M. Wells: Criminal Investigation Basic Perspective chapt 5. Physical evidence pg.7. 28 Peterson, J L.."forensic Evidence and police pg. 61" 29 John. P.Kennedy and Harry .W. More Principles of Investigation z"' Ed.Chap. 5 source of information from criminal investigation pg.104.
16
events before or after the crime. Informants (or street sources) and victims who
did not observe the crime would be best classified as secondary witnesses.
Besides the basic information about the particulars of the criminal event and
possibly the actions of the perpetrator, another important type of information
often provided by witnesses is eyewitness descriptions and identifications.
Such information is quite powerful in establishing proof for the police,
prosecutor, judge, and jury but the problem is that eyewitness identifications
are often quite inaccurate and unreliable (lotus et al.). Research has shown
that many factors such as environmental conditions, physical and emotional
conditions of the observer, expectancies of the observer, perceived significance
of the event, and knowledge of the item or person being described can
significantly influence the accuracy of eyewitness statements. In this research,
I noted that these two categories of witness are not orderly identified by the
investigator. For example in Lira Police station one respondent the investigator,
stated that to him every person who is conversant with information relating to
crime under investigation is a witnesses 30 . This perception affects the
evaluation of evidence that may be strongly used in court to convict the
accused.
Interrogations: Usually interrogations are more of a process of testing already
developed information than of actually developing information31 . The ultimate
objective in an interrogation is to obtain a confession. For obvious reasons,
offenders have great incentive to deceive investigators. Understanding this,
there are several tools available to investigators who wish to separate truthful
from deceptive information. First is the understanding of kinesics behavior, the
use of body movement and gesture to convey meaning. Although not
admissible 1n court, information derived from an understanding and
interpretation of body language can be quite useful in an investigation. The
30 The statement of Scene of Crime Officer at Lira Central Police station on 26/03/2014. 31 Paul.B. Weston and Kenneth.M.Wells: Criminal Investigation Basic Perspective 3'' Ed. Chapt ll.Pg.201.
17
theory behind the study of nonverbal behavior is that stressful and individuals
try to cope up with this stress through body positioning and movement.
3.2.3 Eye witness and identification.
The interview made to a burglary victim in Lira police station showed that, the
victim was highly intimidated and threatened by the perpetrators to the extent
that he could not manage to identify them despite clear light on the area of
crime32 . On the other hand the rapist was properly identified by his voice to a
girl who was found by a researcher reporting a case on the same police
station33.
This method 1s not easily exhaustive. The bad attitude of the community
toward police contributes to poor co-operation from the society. Police are
considered to have no human feelings and the source of "every evils" that
happens34. The truth on this came on research where some of the witnesses
and suspects were not ready to give their evidence for fear of being suspected
to participate in the commission of the offence
3.2.4 Demographic Characteristics (Profiles) of Respondents
This presents the classification or categorization of respondents on aspects
such as age, sex or gender, in their respective numbers, frequencies and
percentages.
The study covered 75 respondents randomly selected for the study. For reasons
not known to the researcher, it was established that most officers in the CID
were males. The number of male respondents was higher than that of females
of all the respondents studied, 11 (38.3%) were male and 5(13.7%) were
female35. Sixty nine (69) questionnaires were distributed to respondents and
forty one (41) were filled and returned, which represented 59.4% response from
questionnaires. All respondents were able to respond during interviews.
32 Victim statement at Lira Central Police Station on the 20th/Feb./2014. "The victim/witness statement at Lira Central Police on 20
th/Feb./2014.
34 The statement of suspects at Lira Central Police cell on the 20th/Feb/2014. 35 The information from CID office. Lira Central Pol ice.
18
3.2 Age Categories of the Respondents.
The age categories of the respondents were divided into three groups, that is;
30 years and below were 31 which represented (41.3%), 31-40 years were 27,
representing (36%) and those aged 4lyrs and above were 17, representing
(22. 7%) of the total number of the respondents.
3.2.5 Crime profile of the area of study.
According to Lira Central Police station the crime rate is attributed to high
population couple with wide areas of operation. Another reason is attributed to
lack of employment coupled with low standard of living and cost of living. The
police criminal Report of December 4, 2011, Lira Central police Station ranks
4,678 reported cases36. It justifies reason as to why this research reflects the
criminal investigations in Uganda.
3.5 Research Designs
The research took the form of a case study. The reason behind this is that the
research problem is a descriptive or exploratory study i.e. essential factors for
successful criminal investigation and concern the whole country and the world
in general. The composition of CID department in police station of Lira Central
police Station reflects the structure of the organization. Since it would be very
hard, costly, and time consuming to study the whole country, the study of Lira
Central Police Station was intended to provide information that would be fairly
represents the entire country.
The study was both qualitative and quantitative. The quantitative data was
obtained using structured questionnaires from different categories of people
such as CID officers, Crime of Scene detectives and other respondents, while
the qualitative data was obtained from key informants through interviews and
observations
36 The annual crimes report of December 2011 of Lira Central Police Station.
19
3.6 Research Population
The target population in this study was comprised of the Officers in Charge
(OCs) of the stations, Criminal investigations department officers, forensics
department officer's scene of crime officers and others in the Police station at
Lira Central police Station. The focus of this study was on the Criminal
Investigations Department (CID) teams as well as crime scene detection teams
because it's this that conduct criminal investigations. However, due to
undisclosed reasons from the CIDs officers of Police station, no exact numbers
of officers were revealed. The researcher also failed to get the actual number of
staff from each unit as some of the questionnaires were not returned.
3.7 Sample Size
Due to the time and financial limitations, the researcher was not able to collect
information from all the relevant people in the area of study. A sample was
drawn consisting of 75 respondents from the CID and Crime Scene Detection
teams at Lira Central police Station. They were chosen because of their vast
knowledge of criminal investigations procedures, which make them the most
relevant informants for the study.
3.8 Sampling Procedure/Techniques.
Purposive sampling was used in selecting the CID and Crime Scene Detection
as the sections from which the respondents were drawn. This was because
these sections were the best suited to provide relevant information on the
problem of study. In selecting respondents from these two particular sections,
simple random sampling was used. In this method, lists of officers of the CID
and crime scene detection teams were obtained from the stations' Officers in
Charge (OC). Respondents were selected randomly, in a way that gave every
officer an equal chance of being chosen. This was important in helping to
minimize bias when choosing the sample.
20
3.9 Study Instruments/Tools of Data Collection
fhe main methods of data collection included questionnaires, interviews,
observation and Library search.
3.9.1 Questionnaire
The researcher developed relevant questions and distributed them to selected
respondents in the category the CID officers, the respondents filled the
questionnaires and some returned them to the researcher.
3.9.2 Interviews
This involved the use of interview guides. The researcher held interview
sessions with various selected respondents. Direct questions were asked while
recording responses from the respondents.
3.9.3 Observation
The researcher made visual observations of what took place in the area of
study. Observations were carried out at the crime scenes and police stations on
collection, preservation and evaluation of the evidence. The activities of the
subjects following the observation were checklist and any relevant information
was recorded.
3.10 Data Control and Measurement
The research instruments that the researcher used were questions, interview
guides and observation of checklists developed by the researcher himself. The
validity and reliability of these instruments was established by having them
cross examined for approval by the researcher's supervisor and the officials of
the National Bureau of Statistics, to ensure their effectiveness in the research,
that the information they would generate would be appropriate and consistent.
Before proceeding with the study, the researcher also consulted various
lecturers at Kampala International University (including his supervisor) and the
University research standard guide.
21
3.11 Data Processing and Analysis
In analyzing data, the quantitative data was edited, coded and tabulated
manually by the researcher, while the qualitative data was analyzed
thematically in numerical format and presented in graphs, charts and other
scientific methods.
3.12 Ethical considerations
Before carrying out the study, the researcher received permission from relevant
authorities and sought the consent of the respondents before any interview was
done.
The researcher also presented an official letter of introduction/reference from
the Faculty of Law of Kampala International University to the relevant
authorities requesting them to help him gain access to the relevant information
needed for the study. All respondents were assured that the data was for
academic purposes only.
3.13 Study Limitations
In the course of carrying out the study, the researcher encountered the
following:
Official documents; one of the most important methods of data collection was
Literature search; these involved examining available documents. This method
is however, not easily accessible because most of these documents are
classified as confidential and not open to public examination.
Stationary and typesetting expenses; the researcher was limited by financial
constraints. This is because many people (respondents) expected to be paid in
exchange for their information. Yet this being an academic research, it was not
affordable to the researcher. It affected the researcher in the collection of
22
3.dequate information and also failed to reach a remote area of Lira
Municipality, which were resourceful for this research.
fime limitations; Scheduling problems affected the researcher's ability to
~ather relevant information. Since all key respondents are always busy with
their jobs, it was quite difficult to make appropriate schedules for proper
information gathering. Despite the above mentioned limitations, the researcher
.:vas able to get enough data to successfully complete the research. The findings
Jf this study are reflected in the subsequent chapters of the dissertation.
23
CHAPTER FOUR.
I\.NALYSIS OF SUCCESSFUL POLICE INVESTIGATION.
4.0 Institution of criminal proceedings.
fhe process of instituting the criminal process is usually by the victims of the
:rime or the persons feeling offended or aggrieved by the crime. The person sets
:riminal law on motion by making a report to the police or local authority or
the magistrate in the area.37
4.1. First information report.
Any person can give information to the police relating to the commission of the
offence. This information is usually recorded in the criminal record book before
a statement is made to give the full facts surrounding the occurrence of the
offence. The information is to be given to an officer in charge of receiving such
complaint at the police station (front desk). When such information is given
orally to any such officer, it must be reduced to writing by the officer himself
.This information, if given in writing, or if reduced in writing as a foresaid, shall
be signed by informant38 •
The information as taken down in writing shall be read over to the informant39 .
This is intended to ensure that what has been reduced into writing is true and
faithful version of the information given to the police officer. The information
taken in by the police should be continuously investigated before criminal
proceedings are instituted on the basis of such information. The information
should be lodged with the police as soon as possible after the occurrence of an
offence as delay would often result in embellishment which is a creature of
after thought.
"'17. Section 42(l)(c) and s.42(3) of the Magistrate Court Act. "Rule 8 of the Evidence (Statements to Police Officer) Rules S 116-1. 39 lbd.
24
4.2 Preliminary investigations.
When a criminal offence has been reported the competent authority
~ommences the criminal process by investigating the circumstances. In this
phase, relevant evidence is collected and preserved for a possible trial40 . The
preliminary investigation is the first step in discharging the police investigation
function41 . It should establish whether the necessary elements of a crime exist.
The investigation of an offence should generally consist of; proceeding to the
spot or scene of crime; ascertaining of the facts and circumstances of the case;
discovery and arrest of the suspected offender collection of evidence relating to
the commission of the offence.
The preliminary investigation covers the activities and responsibilities of the
officers who:
(a) Initially respond to a complaint from a victim.
(b) Observe that a crime has been committed, or
(c) Observe that a crime is being committed.
The period begins with the officer's instructions to proceed to the scene or
observations a crime being committed until on-scene activities have ended.
The officer(s) conducting the preliminary investigation must keep several
objectives in mind. They include the following42 .
• Finding out precisely what happened (this requires the officer to be
observant.
• Locating witnesses and discovering other sources or evidence to help
determine what happened.
• Attempting to understand the motivation of the victims and/ or witnesses
in reporting the crime and evaluating the accuracy of their statements.
40 Ssekana .M. Criminal Procedure and Practice in Uganda the conduct of investigation p9.99 41 John. P. Kennedy and Harry .W. More :Principle of Investigation 2"' Ed .Pg. 11 42
ibid
25
• Recording the three major types of information collected during the
preliminary investigation: what has been done, what has been learned and
what remains to be done.
• This initial phase of investigation process may include many activities,
depending on the type and nature of the case, the qualified and
capabilities of the officer responding to the call, and the resources
immediately available, such as identification kits and cameras.
• The following activities are considered basic to an effective and through
preliminary investigation43:
:a) The investigating officers should determine whether or not an offence has
been committed.
circumstances.
If it has, they should discover its precise nature and
:b) The officers should accurately and completely record whatever information
they obtain during the preliminary investigation.
:::lther duties and responsibilities focus on the victim and / or witnesses,
suspect and the scene itself.
8oncerning the victim of and/her witnesses to the crime, investigator should:
• Immediately render assistance to any injured people.
• Obtain statements from victims and witnesses.
• Concerning the suspect, the investigating officers should:
• Determine the suspect, identify and effect arrest.
• Interrogate the suspect.
Obtain a statement from the suspect with regard to the crime scene the officers
should:
• Protect it to ensure that evidence is not lost or tempered with.
• Arrange for the collection of evidence at a later time if it cannot be
collected immediately.
43 ibid
26
• Ensure the sanctity of the chain of custody at the beginning.
rhe work of the preliminary investigator concentrates on three of the basic
clements of investigation44 searching the crime scene, collecting and preserving
evidence found at the scene and locating and interviewing witnesses available
c1.t or about the crime scene. When crimes are not witnessed or when a reliable
witness cannot be located at this stage of the investigation, the investigation
leads likely to produce a solution to the crime will originate with physical
evidence found at the crime scene.
4.3 The follow-up or continuing investigation
A continuing investigation begins after the preliminary investigation is
completed and reviewed. It encompasses all the work necessary for the
identification and apprehension of the suspect and the full development of the
case45 . The continuing investigation is best described as encompassing the cold
investigative search phase of the police apprehension process an overview of
investigation, at this mid point of developing basic leads, may be helpful as
frame of reference. The following are included in a continuing investigation.
(i) Follow up the preliminary investigation and initiate or continue inquiries
among basic investigative leads to the identification and arrest of the
perpetrator.
(ii) Develop and revise a scheme of the crime
(iii) Analyze the legal significance of information and evidence
(iv)Continue the search for witnesses, the liaison with witnesses interviewed
during preliminary investigation, the interviews with new witnesses and the
necessary re-interviews with original witness.
(v) Establish liaison with laboratory technician and access the report of the
analyses of physical evidence
(vi)Conduct appropriate surveillance, interrogation and lie detector testing
44 Paul B. Weston and Kenneth. M. wells, Criminal Investigation Basic Perspectives 3'' Ed. chapter on criminal investigation function of police. Pg. 9 45 John. Kenney and Harry .W. More, Principles of Investigation 2°' Ed. Pg.10.
27
vii) Locate and arrest the perpetrator
viii) Recommend suspension of the case if an arrest 1s not made m a
reasonable time.
:ix)Prepare the case and confer with the prosecutor.
4.3.1 Reconstructing the crime. A rational theory
[n the reconstruction of crime. In some cases the reconstruction may begin
with deductive reasoning of how the assuming theory of the crime and
attempting to support it by careful appraisal information collected in the
investigation supports the theory46 . More likely, inductive reasoning is used;
the collected information is analyzed carefully to develop a theory of the crime.
In most cases the investigator uses a mixture of the two methods of reasoning,
one to back up the other, to develop a rational theory about the case under
investigation.
4.3.2 Focusing the investigation
In the general inquiry about a crime the investigator attempts to gather as
much information as possible to reconstruct the crime as it happened and to
develop a group of suspects including the quality person or persons.
When the investigation focuses, all of the investigative work is pointed toward
proving one suspect and his accomplices, if any quality of the crime.
The investigator's decision should be based on an analysis of the relationship
among crime, the investigation, and the suspect. Primary consideration is given
to use collected information, but of equal importance are the personal
characteristics, the personality, the attitudes, and the habits of the suspect47 .
4.4 Basic investigation leads The problem of who did it is a simple one when the offender is caught in the act
or apprehended in flight from the scene shortly after the crime. When the
perpetrator is not promptly arrested, the direction of investigation vanous
46 Paul. B. Weston and Kenneth .M. Wells. Criminal Investigation Basic Perspectives 3'' Ed. Pg. 11 47 Ibid.
28
according to whether the case falls into one of two categories known identity or
unknown identity4S
fhe case is one of the known identity when the perpetrator is known and has
been named by the victims or witnesses on the other hand unknown identity is
a case without a name of suspect. In such cases the basic investigative leads
must be developed.
Motive and opportunity (or presence), are broad areas of investigation basic
to any crime. The people and things involved in a crime offers leads to the
identity and it's an important area of search. When perpetrators known they
are suspected of being at the crime scene, and thus vulnerable to thing
"opportunity" line of inquiry, they often fabricate "alibi" a claim of being
elsewhere. Investigation into an alibi will often disclose any fabrication49
Victim's background. The victim offers the initial basic lead. The background
of the victim furnishes data, as to his activities just prior to the crime very
promising leads can be developed from a review of the background of the victim
which can give the pursuit defined goals.
There are many classic avenues to probe in regard to the victims. Some of
these classic queries are:
Did the victim know the perpetrators?
Does the victim suspect any person? Why?
The victim a history of crime? A history of reporting crimes?
Did the victim have a weapon?
Has the victim an aggressive personality?
Has the victim been the subject of any field contact reports?
What is the relationship between the victim and the named suspect?
Was the victim mistaken for some one else?
Police investigators have been criticized by local people for cross-examining a
victim and for probing background and relationship to the crime so
48 Paul B. Weston & Kenneth. Criminal Investigation basic perspectives 3'' Ed. Cap 7 pg 112 49
1 bid 50 Senior Police CID at Lira Central Police Station On The 26.03.2014
29
[nformants
Informants are a traditional starting point in seeking basic leads, in fact
informants sometimes offers data about an unreported or discovered crime or
:me in its planning stages. People who give information to the police can be
categorized as.
Non profit informant. Is motivated to divulge information in his possession
by a multitude of reasons such as duty to report crime, jealousy and revenue
example of informant's former girl friends and wives often serve as unpaid
informants. A frightened and knowledgeable ex-girl friend or ex-wife allied with
police and delivered vital information about the criminal activities of the ex-boy
friend or ex-husband.51
Other informants seek pay for information leading to arresting.
The special employee is a worker, a person who participates directly m
gathering sufficient evidence to warrant an arrest.
Benefit
The question of who might benefit from a c rime proves an excellent focus for
making inquiry. The factor of benefit often can provide investigation leads for
example in homicide cases the motive of jealous or elimination is a standard
avenue of inquiry whenever a wife or husband dies and the death is
unexplained, the survivor is suspect. Necessary action is taken to discover the
classic love triangle. If a third party is involved the triangle is considered a
promising leads.
In arson the benefit may be complex a rational motivation for financial gain in
fraudulent fires of insured premises. The identity of perpetrator can be
deduced, the relationship between victim in homicides and persons who might
benefit from fact of death are productive in providing significant leads.
Knowledge
51 Scene of crime officer (SOCO) AT Lira central police station 20.02.2014
30
n theft cases the victim is questioned about the identity of persons who might
;;now their where about the premises and about the presence and location of
c1.rticles of value. This is done in order to establish who may have had the
knowledge necessary for committing the crime. In robbery cases victim is
:iuestion about the identity of persons who knew of the routine of the victim or
the business place. The tracing knowledge provides natural group of subjects.
Including;
Persons who have access to the premises at which the crime occurred or who
are familiar with them
Persons who knew of the value and place of storage of property or the routine
of the victim or the place of business.
Any present employee and spouse
Any former employee and spouse
Service and maintenance personnel employed in area, buildings
Neighbors
Professional "finger-men" with contacts among the above persons.
Persons noticed in the area acting strangely or asking for job, soliciting sales or
conducting surveys etc.
4. 6 The crime scene search A scene of crime is any place where an offence is committed whether wholly or
partially. Whenever a serious crime (felony) is committed police at the scene of
crime will cordon it pending the arrival of the most senior investigating officer
is satisfied that all the evidence required to be collected from the scene has
been taken into safe custody. A scene can extend to a wide area depending on
the possibility of presence of evidential exhibits.
31
I
'1-.6.1 Duty of an investigating officer at the scene Whenever a senior investigating officer arrives at the scene, he/she will
3.Utomatically take over management of the scene 52by doing the following
• Determine whether the cordon is sufficient
• Extend or narrow down the cordon after determing the direction of entry
and exit from the scene by the subject.
• Determine the witnesses to make statements.
• Search the scene carefully in order to establish any pieces of evidence that
may be used as clues such as weapons, personal property, documents and
any other material of evidential value.
• Draw up a sketch plan of the scene
• Where necessary call for other technical support or personnel such as the
photographers, finger print experts.
• Enter his or her finding in a crime record known as criminal report Book
(CRB).
• Inform the CID headquarters by wireless transmission (WT) with 24 hours
of the incident
• After 7 days of the incident, investigating officer through the district CID
officer submits to CID headquarters the summary of the facts of the case
and the preliminary investigations carried out on Police Form 16.
• If there are any finger print markers or any other exhibits lifted from the
scene of crime, then the investigating officer must submit for analysis by
the relevant experts on PF 17
• Within 30 days thereafter the investigating officer will submit a progress
report on PF 16a.
• In the case of an injured victim of crime the investigating officer will issue
PF 3 so that police surgeon can give his opinion on the nature of injures
sustained.
52 Ssekaana M. Criminal procedure and practice in Uganda at pg 114
32
• Where there are other specimen samples like blood, fluids etc then
investigating officer sends them to the chief Government chemist using PF
17.
• Where there is death involved then the investigating officer must deliver the
body to the pathologist for an autopsy and produce report on PF 48.
4.6.3 Systematic search procedures
The methodology of search depends on the case and scene. Prior to a search,
the assigned investigator survey the scene, noting its dimensions and whether
there is an adjoin entry (approach) and exit (flight) area. A crime scene is the
place of crime including an adjoin entry or exist area. This is done to determine
how to organize the search produce and for ascertaining what assistance is
needed.
Strong emphasis must place on the importance of protecting and preservmg
the crime scene. Before determining a crime commission. The first officer at the
scene has primary responsibility for protecting the site. Much depends on this
officer's actions and reactions. The weather can be a critical element in the
preservation of evidence. When a crime scene is located out doors, evidence is
subject to charge by wind, rain, sun light etc.
Dimensions of crime scene: the police investigator must define the dimension
the crime scene begins where the perpetrator changed intent into action. It
continues to the point of escape and disposal of evidence. In a case that
involved a burglary, the scene of crime officer found footprint which led both to
and away from the victim's house to another house and the officer found two
suspects in that house. The officer recovered the stolen property53 .
The traditionally, systematic searching has utilized the following systems54
53 Scene of crime officer (soco) at Lira Central Police Station on 20.02.2014 54 Paul B. Weston & Kenneth W. Wells: Criminal Investigation Basic Perspectives cap. 3 systematic search procedures pg 33
33
!figure 2 Crime scene protection
CRIME SCENE ...
SEARCH A~e STOP;1
A point -to -point movement following a chain of objects obviously evidence
An ever- widening circle techniques in which the searching officer starts at
the focal point of the scene or the center of the society and works outwards by
circling in a clockwise or counter clockwise direction until the fringes of the
protecting area are reached.
34
I '
l?igure 3 Ever- widening cycle
The above explained. Indoors search- rooms by rooms out doors search. 1st
immediate area of importance, 2nd contiguous area of importance, and 3rd other
area. Source is criminal investigation basic perspective book 55 .
A sector search in which the scene is subdivided into segments and each
sector is searched as an individual unit.
Figure 4 Sector search
3 2 3
3
2 ~1 ,
2 2
lHouse
3 2 3
3 2
The above explained indoor search by room out doors divide into equal or
manageable intervals: source is criminal investigation basic perseveration 56
A strip or grid search for outdoor areas: I n the strip the area to be search is
plotted like a football field searching starts at a side line and moves a cross the
55 I bid 56 1 bid
35
ield to the other sideline, searches working back area is searched the grid
3earch begin after the strip search is completed.
Ei'igure 5 a strip or grid search for outdoor areas
End Strip , -,
I
' f f \ f f I f
A I I I I I I I I I I I I I I I I I I
~ I '¥ I I I I ' I I I ' I I ' I ' I ' ' I ' ' ,, I ' ,,
\ ' ,1 '' ---:.,' ' ' --, ... ,':: -
-, ' \
I I
If\ I I I I I I I I I I I
Start
,,---,, Grid I I
' ' .l
. I ' ---i- -' ' ' ' .,. -i- - -, ' ' ' ,,
' ' __ ,_ -' ' ' ' '
, I
f 1---+--
I I
I
- - _1_ - -
'¥ ' ' ' - - .l. - - .
' ' ' '
' , '
' I ' I I \
---,_--- ---;-- - - l..- .... I I I \
A I I I . . I I I I
-,(-.L-- - - -1- - - - - -1- ...
I,\ I y I I I ' ' I
' I ' -- - r - i---I--- ---:-> ' ' ' ' I ' ' - I - -
The above explained movement across to the other side line area: source
criminal investigation basic perspective57 .
4.6.3 Preliminary examination of the scene During the preliminary examination, the investigator should identity the most
important potential evidence, conditions and locations. He or she should do
this before entering into the most critical areas of the crime scene. The key at
this point of the investigation is to detect and record rather than to act.
The relative position of the items, one to the other and the victim, it any can be
as important as the item itself.
It is useful to photograph the scene immediately before evidentiary items. On
completing evidence, decided the order in which to collect these items, and
conclude which items to find in the search. If more than one investigator is
involved or it the scene is unusually large, a decision should be made on how
to divide the tasks and areas.
57 1 bid
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End
4.6.4 Recording the crime scene
4.6.4.1 Field notes taking Field notes are memorandum made by the investigator during an investigation.
They begin with his assignment to the case and his arrival at the scene and
continue until the case is closed58 . These includes, the time the search started,
description of the area searched as the investigator equipment used, and an
accurate note of the discovery of every significant item of evidence. When and
where it was found, who found it, and what it looks like.
Any measurements made to place the evidence are recorded in these notes at
this time, as is the disposition of the evidence. Sketches and diagrams drawn at
the crime scene are field notes which, by their graphic portrayal of the crime
scene, supplement the measurements and other data recorded59
In addition, the searching officer must record in his field notes any damages to
objects at the scene or any disturbance of furniture and other objects.
4.6.4.2 Photographing the crime scene. Crime-scene photograph provides a permanent record of the facts at the crime
scene. Photograph is of one means of recording facts for future use so that they
can be used in reconstructing the crime scene and sometimes the crime but
photograph is not a substitute for field notes, accurate measurements and
sketches of the scene. 60 Photographing crime scene serves the following
purposes: It provides a pictorial representative of the appearance and position
of objects at the scene and it serves as evidence to support the testimony of the
investigator as to what he found at the scene, its location, nature and
condition 6 1.
58 Paul B.Weston Kenneth M. Wells Criminal Investigation basic perspectives 3'' Ed. Cap 4 pg 54 59 1 bid 60 Paul B. Western Kenneth M. Wells. Criminal Investigation Basic Perspective 3'' Ed.pg 58 61 lbid.
37
!\.n investigator should not disturb the scene or any object at the scene prior to
:>hotographing to show the scene in its original condition it must be kept that
Nay until photographs have been taken62
4.6.4.3 Planning picture taking at crime scene fhe camera positions and the range at which photographs are taken should
take advantage of the natural composition at the scene. The story of the scene
is to be told graphically, a_nd coherence require and orderly progression in
picture taking.
In general, the subject matter of crime scene photograph should move from the
general to the specific, long -range views should tell a story of what happened
at the crime scene and serve as a backdrop to locate the subject of close-up
photographs of items of physical evidence63.
The long-range photos may show the location, the approach route, and the
means of ingress to the scene or its premises, a hallway, two connected rooms,
or view of the scene from the normal entrance.
Mid range photographs (ten to twenty feet) pinpoint a specific object of
evidence or a significant segment of the crime scene.
Close-up photographs are used for recording evidence in position and detail;
the location, nature and condition.
To prove the corpus delicti, a close-up cnme scene photograph is needed.
These photographs should illustrate essential element of the crime and, if
possible, reveal the criminal.
62 ibid 63 Ibid.
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Photographic log
I\ photographic log is essential to ensure the integrity of the photographs
:aken. The log should answer the basic: when, why, and how questions that
3.re part of the investigation process by carefully detailing the following
.nformation about each photograph taken at the scene64.
1. Date and time when the photograph was taken.
2. Name of the person who took the photographs and the position he or she
holds in the department.
3. Type of equipment used in taking the photograph
4. Complete description of equipment used to take the photograph if it was
not standard.
5. Location of the subject of the photograph. This might include a brief
description of where the evidence was located in relation to a fixed object.
For example, a description might read: photograph, shows a homicide
victim facing northbound approximately 2m from the north living room
wa!l65_
6. Listing of all technical details pertinent to the specific photograph, such as
the F-stop used and the. rating of the film.
7. Description of the angle at which the photograph was taken in relation to
the subject.
8. Necessary clarifying comment for example, did any problems arise during
the photographic session? Did the camera I am or were there other
technical difficulties?
54 Jon .P. Kenney and Harry W.more: Principle of investigation 2"' Ed. Pg. 208. 55 Ibid.
39
Chain of accountability of scene photographs
The processing of scene photographs must adhere to the scene rules of
accountability as apply to physical evidence, once a photograph is taken, some
one must be accountable or responsible for it at all times66 .
The following is a typical chain of accountability for a scene photograph.
1. The police photographer takes the photograph on location.
2. The photograph is logged
3. The laboratory becomes responsible for the film at least for the time being
with laboratory personnel keep a log of their own that contains the following
information.
(a) who turned the film in and when
(b) what occurred during processing
(c) How many prints were made and who received them.
(d) Where the negatives have been stored.
(e) All negatives should be kept in specially designed envelopes; all envelopes
should be marked with the case number, type of crime photographed, and
type of photograph taken.
(f) Which unit of the police received the negatives and prints it if they were not
stored at the laboratory, and when did this transfer occur?
4.6.5 Sketching crime scene
Sketch, diagram, drawing are terms used interchangeable to refer to a two
dimensional pictorial presentation of conditions at a crime scene. 67 They
provide true distance relations that complement and supplement photographic
representations of the crime scene. Everything of importance including
positions and distance must be shown. Symbols or alphabetical letters should
66 John.P. Kenney and Harry. W. More Principles of Investigation 2°' Ed pg. 209. 67 John P. Kenneth W. More. Principle of investigation 2°' Ed. Pg 210.
40
Je used on the sketch plan to show places, and locations of importance
Nithout explanations on the sketch plan.
B:xplanation may be added on a separate page but the letters should be used as
a key to the sketch plan. The sketch plan should be prepared in triplicate and
will form part of evidence in the case6s
The following details usually are considered sufficient to identify a sketch.
1. Name and position of the investigator who conducted the sketch
2. Date and time the sketch was made
3. Classification of the crime (burglary theft, homicide)
4. Case number.
5. Names of the people who may have assisted in taking measurements of the
scene.
6. Exact address of the crime scene.
7. Reference point used during sketching, along with compass directions
8. Scale (e.g. 1=5) at which the sketch was made.
9. Location and identification of specific items of physical evidence found at
the scene.
4. 7 Methods of sketching the crime scene
There are several ways in which a crime scene can be sketched. The choice for
a method depends on personal preferences and skills on the nature and
requirements of the scene it self. This includes:
Coordinate sketching method
In this method, the distance of an item of evidence from two fixed points 1s
measured. For example, a base line may first be determined this might be a
wall form which the expect measurements are taken; the distance between the
item of physical evidence and right angles to the baseline is then measured.
68 Ssekanna M. criminal Procedure and Practice in Uganda pg 117.
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rriangulation method.
fhis method commonly is used in outdoor investigation when identifiable
reference points are few. Two points are selected, and the item of physical
evidence is allocated along a straight line from each of these points. The two
points are also joined by a line on the sketch, and a three-sided figure is
formed. The two reference points are 5 apart and the tail segment is located 39
and 37 from each of the two reference points respectively69 .
Cross-projection method.
Used primarily when the evidence is located indoors, the cross projection
sketch includes all doors, walls, and windows, which are drawn as if lying on
the floor. 70 No attempt is made to create thee dimensional effect.
4.8 Collection and preservation of physical evidence
4.8.1 Nature of physical evidence
Physical evidence includes items or objects found at a crime scene, statements
made by eyewitnesses, confessions made by suspects and similar types of
evidence71 The primary source of physical evidence is the crime scene,
secondary sources are participants in the crime, places in which related acts of
the crime occurred, or places visited by participants. Much physical evidence is
hidden, or latent, so that scientific procedures are required to find and collect
it. Some objects are obviously evidence and need little or no processing by
experts to develop their basic evidential value.
After being located and recognized during a search, physical evidence must be
coJJected, marked for identification, packaged, and transported to a safe
storage or laboratory for examination. Known standards are coJlected at the
crime scene and other areas involved in criminal operations to facilitate
69 John P. Kenney and Harry W. More Principles of Investigation 2rd Ed. Pg 212 70
I bid 71 John P. Kenney and Harry W. more: principles of investigation 2rd Ed. Pg 221
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comparison analysis. Firearms, tools and other suspect items also are collected
for laboratory examinations which may link these items with previously
physical evidences72 . Such evidence falls into two general classifications.
Evidence with individual identifying characteristics and, evidence with only
class characteristics. Evidence with individual identifying characteristics.
Examples of these types of evidence are fingerprints, handwriting, bullets tool
marks, and shoe prints as well as pieces of broken glass whose edge match cut
wooden surfaces.
Evidence with class characteristics only: certain evidence, even after thorough
examinations can never definitely be identified because there may be more
than one source for the evidence found. Examples of this type of evidence
include soil, blood, hairs, fibers, single- layered paint for a sate or car, glass
fragments and tool marks.
4.8.2 Known standards of evidence
Criminalist is that profession and scientific discipline directed to recognition,
identification, individualization and evaluation of physical evidence by
application of natural sciences, matters of law and science. It includes the
identification of physical evidence and a finding as to origin. This
individualization of evidence often requires that physical evidence collected at a
crimes scene be matched with a known standard of evidence or a control
known standards may be collected at the crime scene, from the victim, from a
suspect, or from other sources. Know standards of evidence must be collected
in exactly the same manner as any other evidence, for they have equal
evidential value. Here as elsewhere there is a need for reorganization, legal
possession, marking for identify, preservation of the integrity of the sample,
and accuracy in reporting its acquisition73
71 Paul B. Western and Kenneth M, Wells Criminal Investigation 3'd Ed. Pg 70 73 Paul B. Weston and Kenneth M. Well Criminal Investigation 3'd Ed. Basic perspectives 3'd PG 36
43
4.8.3 Evidence kit [nvestigators require an equipment kit of miscellaneous tools, camera
equipment, and items adapted to the collection of physical evidence at crime
scenes and other areas searched for evidence.
In addition, a variety of assorted boxes bottles, and bags is necessary for
properly wrapping and transporting physical evidence a recommended kit
contains the following items;
1. Flashlight and flood lamps
11. 50-foot steal rule.
111. 18-inch straight-edge ruler
1v. Photographic equipment (camera, fitter, tripod) film, lighting
equipment and light meter.
v. Graph paper (8-by 10 inch), note book, pen, pencils, chalk, and
crayon.
vi. Magnifying glass and hard mirror
vn. Fingerprint equipment, camera, powders, lifting tape and transfer
cards,
viii. Casting material.
ix. Indoor and our door thermometers
x. Material for packaging and transporting evidence cardboard boxes,
pill boxes e.t.c
x1. A compass.
4.8.4 Preservation of physical evidence Continuity of possession, the chain of possession must be established when
evidence is pottered in court as an exhibit.
Adherence to standard and required procedures in every case 1s the best
guarantee that the collection and possession of physical evidence will stand
court tests of what happened, or could have happened to it from the time of its
finding to its presentation in court. Any deviation from standard procedures in
44
processing physical evidence can affect its credibility and contribute to a
reasonable suspicion in the minds of the court about the entire police
investigation 74.
4.8.5 Marking evidence Making evidence serves to identify it; marking must not impair the value of
evidence or restrict the number and kind of examination to which it ought to be
subjected by court and other experts. However it's noted that some police
investigator still use the traditional marking of objects by scratching an
officer's initial which does not provides detail information. When the item of
evidence does not offer opportunity for extensive marking, the officer must
describe the item and the time and place and circumstances of its recovery in
his field notes. Many officers adopt a shorthand method of making evidence
such as H-S-1 /25/ 13-U
S- The initial of the accused/ suspect's last name, it known or of the victim's
1/25/ 13- the date.
V- The indication that object was on or near the victim
AS- can be used to indicate accused possession
Or,
N-1- To indicate the note concerning the item in the investigators filed notes.
4.8.6 Packaging physical evidence, Evidence must be packaged so as to avoid breakage, loss or contamination in
transits Tweezers, forceps, and similar tools are use to collect and place traces
and small items in their containers. Rubber gloves for handling some physical
evidence 75 .
"I bid 75 I bid
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A.n evidence box or board can be utilized for transporting evidence over short
distances. Documentary evidence is first placed in transparent envelopes
without following or bending the tween the two transpiration pieces of firm,
corrugated can board and in a manila envelope or other wrapper.
Plastic pill bottles with pressure lids are unbreakable easily sealed with tape
can be used plastic envelopes can be used for transporting of hair, fibers, and
other small articles.
4.8. 7 Transporting physical evidence to a laboratory: To a place of storage, or to the prosecutor's office or courtroom is the
responsibility of the investigator who found the evidence. At no time should an
investigator return any part of evidence to its rightful claimant without
authority of the prosecutor. If the prosecutor believes that the evidence is not
required in the trial of the suspect, he has the authority to dispose of it to the
rightful owner or to store it until such time as it's disposed of according to law.
4.8.8 Collecting physical evidence Evidence likely to be found at crime scenes and amenable to scientific analysis
is divided into seven major groups.
4.8.8.1 Weapons. It includes fire arms, knives and other blunt instruments
Firearms should be collected and preserved for ballistic identify, identification
includes firearms bullets, cartridges and shotgun shells. Interior ballistics
returns to ·the functioning of firearms thought the firing cycle, and exterior
ballistics is the study of projectiles in flight. Ballistics uses the inside of
namely, the firing pin, the breech face in which the firing pin hole is located,
the chamber, and the ejector and extractor as primary sources for
identification 76.
76 1 bid
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[n marking firearms and cartridges shells for identification when the firearms
:iesign allows for the removal of the barrel, the frame of the weapon and the
barrel should also mark for identify.
In addition, the investigator should also mark for identity the bolts of
automatic rifles and short gun, and the slides of automatic pistols, when these
parts are removable without tools.
Fire arms should be picked up by their rough or checkered wooden portions, if
possible or any external metal portion except the trigger guard and trigger area
and promptly place in the container.
In describing a firearm, start with the name of the manufacturer and the serial
number. Record all names and numbers stamped on the firearm along with
their location on the gun77.
Other weapons commonly encountered by police investigators are knives and
various blunt instruments. Accuracy in describing such, evidence may depend
on a general description. The length of a knife blade and of the handle should
be determined. Distinctive features of the object should be noted in the field
notes of an investigator.
4.8.8.2 Blood and bloodstains Blood is a trace that can divulge a great deal of information about the criminal,
the victim, and what happened during a crime.
Investigators need to develop an appreciation for the many forms in which
blood becomes evidence. Blood evidence frequently in a stain on clothing or
other objects. Sometimes the investigator may find a pool of blood to be
collected at the crime scene. Blood also might be a specimen taken from a
victim or a suspect. A blood sample taken from bleeding wound of a victim
normally does not require the same test procedures as a sample taken from a
77 1 bid
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person suspected of intoxication78 . The investigator should place the blood in a
~ontainer and refrigerate it.
The first officer at the scene should protect any blood covering it with a box or
metal pan.
The investigator should search for blood in less than obvious places. For
example, few wounded suspects will wipe blood from their hands onto their
clothing. Rather, they will wipe off the blood with towels, toilet paper. The
investigator should keep in mind that the suspect may have hidden the items
used to wipe up the blood, it it's possible that the suspect might have washed
the hands, the water found should be removed and sent to the laboratory79 .
78 I bid 79 1 bid
48
Figure 6 Blood and blood stain
~;/;;
... ;,. (b) ,
• (n)
(c)
(e)
~. \
\ \
J \ \
(d)
\ '"
4.8.8.3 Imprint and impressions
Imprints: Are markings upon surface left by protruding parts of a person or
vehicle.
Figure 7 Imprint
49
Impressions: are made by a person or object in a material softer than the item
of evidence making the impression.
Personal prints and impressions found at cnme scenes identify a person or
vehicle as having been at the crime scene. These traces after promising areas of
inquiry, although they usually require a suspect or a suspect vehicle before
their evidential value can be realized. Imprints may be lifted by dusting with a
contrasting powder, applying a clean, sticky, transport tape to the dusted area
to pick up the markings and then pressing the tape to a clean card to preserve
it. Impressions may be reproduced by making a cast with plaster of Paris or a
like material, to preserve the three dimensional quality of the impression.
Figure 8 Impression
Heel impression at crime scene and the heal of shoe of suspect comparison
The standard evidence collection procedure with these imprints and
impressions if as follows:
1. Record, measure and photograph in place
50
11. Collect intact, if the article upon which the imprint or impression is
made is not too large or heavy and is amenable to transport without
damaging the evidence.
111. Dust and lift, if fingerprints; make a cast of impressions.
1v. Mark of identification, and package carefully
v. Transport to laboratory.
4.8.8.4 Marks of tool (tool marks) Just as weapons are likely to be found at the scene of assaults and homicides,
the marks of tools are likely to be found at the scene of burglaries or crimes in
which the offender forced entry into the premises or forced open locked
containers at the crime scene. The traditional means of ingress for criminals
are windows, and doors recently the means of ingress include roofs and
walls:80
The places of entry or exit and all the locked desks and cabinets that
were forced open along the way will bear some mark of the tools used.
Scientific laboratory procedures can individualize these marks and
impressions. When suspect tools are discovered, laboratory technicians can
make a comparison analysis.
The initial procedure in collecting the marks of tools used to gain access is to
locate accurately the impression at the scene and to record the general
description and measurements. Accuracy, again is the key- note. The
impression must be measured with an accurate rule and the dimensions
recorded in the investigator's filed notes81 .
Photographs of the impressions should be made if it is feasible, the substance
bearing the mark should be transported to the laboratory. It's sometimes
possible to make a case impression of the mark and this will make an effective
trial exhibit.
80 I bid 81 I bid
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May of the problems encountered in the trial of suspects in relation to tool
marks have arisen from conflicts between the size of tool impressions reported
by the investigation and the size of the impression developed later by evidence
technicians on the scene or the police laboratory.
Quite often an investigator finds a tool that might have made an impression at
the scene of the crime and attempts visually to match the tool with the
impression by fitting it to the mark. This second contract of the tool to the
impression ruins the evidence. Prevailing practices suggest that the best
procedure is to treat any likely tool as suspect and to collect it for laboratory
comparison by an expert82 .
Tools found on a suspect or under his control at the time of arrest became
incriminating evidence when laboratory examinations show that the
particularities of the suspect tool relate to the tool impressions found at the
cnme scene.
4.8.8.5 Dust, dirt and other traces
Traces have value as associated evidence when laboratory examination can
establish identify and origin and can connect a suspect with a crime. The
evidence potential of soil and mud, the debris from the underside of a vehicle
and its fenders, and dust in various forms, particularly on persons and their
clothing, is excellent. The composition of dust includes particles of soil and
other debris light enough that air currents move then. Debris is the remains of
a larger object that has broken down, thus, scraps of building materials safe
insulation, shards of glass, and pottery.
A primary use of soil a rock as evidence is to compare the crime scene samples
on the suspects clothing or other possessions.
82 I bid
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'1-.8.8.6 Questioned documents
n cases involving cheque, the cheque itself is a questioned document and an
.mportant item of evidence. In apparent suicides the victim may leave a note.
fhis is an evidence item, and when found, it's often processed as a questioned
:iocument. Documents that have been destroyed or partially destroyed by fire
:an some times be restored by laboratory technicians83 .
fhe general style of a type written document the margins, separation of words
o1.t the end of typed lines, spelling errors, paragraphing and other identation
:nay all contribute to identification of the person who typed itB4 • There is an
::xcellent opportunity of matching a suspect type writer through a comparison
Jf the exemplars taken from the machine and the document under suspicion.
Indented or embossed writing is sometimes found on telephone pads, blotters,
o1.nd other impressionable surface despite that the original paper upon which
the writing was made has been removed. Carbon paper sometimes contains
identifiable trace of written material when the carbon process 1s used to
prepared duplication copies.
4.8.8.7 Other evidence
Hair and fibers have an excellent potential for identification. The primary
problem with this type of evidence is how to find it. When laboratory
examination indicates that hair or fiber found on the victim or on the victim's
clothing is not the victim, the possibility exists for future identification when a
suspect is located. In addition, examination of the suspect for such traces may
discover hair or fibers belonging to the victim85.
The stains of seminal fluid are a trace found in sex crimes. The presence of
such stains is often meaningful to the investigation. They are useful and at
83 I bid 84 I bid 85 1 bid
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times, vital to show the commission of a crime when the victim is too young to
testify or when the sexual attack is part of a homicide.
!n narcotics and dangerous drug cases possession and sale of drugs the
evidence must be identified as a drug violation of law. The examination need
only identify the drug as one of the illegal drugs.
Drugs and poisons may be the means of attack in homicides and assaults and
the fatal substance in suicides and as such, must be searched for and
collected.
Cigars and cigarettes, butts and ashes have an evidence potential. Unique
brands, lipstick smears, and chewed end may be of particular value, paper
matches torn from a book, are evidence at the scene likely to reward a searcher
if the book from which the matches were torn can be located and traced to a
known suspect.
The collected physical evidence, as well as the stories of any witnesses about
the circumstances of death, should be recorded in the officer's field notes. Such
data help the medicolegal experts prepare a clinical history of the death. 86
4.9.0 Investigating major crimes.
4. 9.1 Crimes of violence. In crimes of violence one of the core areas of the investigation concern getting
evidence of the injuries involved and recovering the weapons, whether gun or
prison used. The investigator should relate the finding and identification of
such evidence to the crime scene- a seizure from the accused person or from
his residence or car or a recovery at some place where the accused person
disposed of it after the crime.
4. 9.2 Investigating Assault. In assaults the victim is usually alive and willing to co-operate with
investigators. In many cases the assailant is known to the identity of the
86 I bid
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perpetrator is not a problem. When the assailant is not known to the victim,
the investigation of assault is closer to homicide investigation then it is to any
other investigation.s7
The crime scene is processed for evidence which will assist in reconstructing
the crime and identifying the participants as to the roles of the attacker and
the victims; witnesses at the scene are interviewed for the same purpose. The
worker of investigator at this time is concentrated on securing the details of the
attack and of the dispute which led to the attack.
In assault the investigator may not have the services of a medicolegal expert to
detail the nature and extent of the injuries to the victim. Photos should be
taken when external injuries are apparent and the victim should be taken to a
hospital for examination and diagonalisis. Although the circumstances of the
use of weapon are subordinated to the story of the victim in reconstructing the
assault, the injury -weapon combination of facts corroborates the victim's story
and it's more of secondary importance.
4.9.3 Investigating rape Leads to the identity of a known rapist may be developed from the same area
as in criminal homicide investigation:ss
The victim's background
Person in contact with the victim and for places visited by her m the hours
immediately preceding the rape
Weapons found at the scene.
Persons with knowledge or opportunity access to the victim and scene of crime
Injured suspects (when victim believes she scratched or otherwise injured the
rapists.
In rape cases the injuries are recorded and served as evidence that the female
victim resistance was overcome by force or violence. The weapon in forcible
87 Paul B. Western and Kenneth M. Well criminal investigation basic perspectives 3'' pg 334 88
1 bid
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rape may be the administration of drugs or liquor, bottles, boxes and syringes
may contain trace of the type of weapon.
When injuries are not present in a crime of violence, the investigator may be
forced to work solely with the weapon to develop an attempt at assault and
rape cases; to show a present ability, potential and inherent. In the weapon
and its suspected use, and to show the ability of the weapon to overcome
resistance in its alleged or suspected role. A medical examination of a rape
victim is necessary. The report of the examining physician becomes part of the
record of the case. It usually is concerned with:
i. Bodily injured of the victim.
ii. Evidence of force in relation to the rapists sex act and 111. The act of
penetration89
4.9.4 Criminal homicides. The term homicides the killing of a human being by a human being. The
following concepts under the general heading of homicides include: murder
defined, murder is the unlawful killing of a human being with malice
forethought90 .
4.9.5 Manslaughter.
Manslaughter is the unlawful killing of a human being without malice91 . It is of
the following kinds,
Voluntary- upon a sudden quarrel or heat of passion.
Involuntary - in the commission or an lawful act not amounting to felony; or
in the commission of a lawful act which might produce death.
891 bid
'0
Section 188 and 189 of Pencil Code Act. 91
Section 188 and 189 of Pencil Code Act.
56
4.9.7 The suspicious death. fhe suspicious death concept 1s more than the traditional "foul play is
suspected" in which the circumstances of a death strongly suggest murder. It
is a classification of certain unexplained death so that they will be investigated
until either the circumstances indicate that death was due to natural,
accidental, or self inflicted causes, or the criminal agency is determined and
crime agent identified92,
The autopsy is a major method of detecting murder. This postmortem
examination of the victim in a suspicious death case is done by a competent
physician, generally a surgeon specializing in this field. When the surgeon's
report states that a death resulted from a criminal agency, a criminal homicide
has been detected. Thus the detection of criminal homicide is based upon
finding the answers to four classic questions93 :
1. What was the cause of death?
1. What were the mean that caused death?
1. Was the homicide excusable or justifiable?
v. Who was responsible for causing death?
4.9.8 Time of death. The circumstances for investigating a suspicious death, invite investigation into
the background of a victim preceding time of death.
Methods for establishing this vital time or period of time, range from the
testimony of witnesses (the person who saw the killing, or who last saw the
victim alive, or the person who discovered and reported the crime). to the
testimony of surgeons as to the condition of the body of the victim when found
or examined' which generally can indicate the time of death94.
92 Paul B. Western and Kenneth M. Wells criminal investigation Basic perspectives 3'' Ed pg 323. 93 I bid 94 1 bid
57
The time of death connects the events which happen prior to the crime with the
actual killing in homicide cases. The important questions related to this time -
clock sequence are 95:
1. What activity was the victim engaged in at the time of the death?
11. What activity did the victim engage in immediately prior to death i.e 24 to
48 hours and longer if warranted?
In as much as the only certain time element 1n the beginning phases of a
homicide investigation is the time the crime was discovered, the witness or
witnesses who can testify to. this aspect of the case are carefully questioned as
to the circumstances that first aroused their interest or suspicions and the
time of that event96;
1. How they found the victim and if he was found dead.
ii. The time of discovery of the victim;
iii. And the circumstances and timer of reporting this discovery to police.
As a homicide investigation continuous, witnesses are located, who talked to
the deceased victim prior to the fatal assault, either in person or over a
telephone.
In reconstruction of the last hours of the victim, there is a tracing from one
individual to another in chronological sequence from the time of death to the
discovery of the crime97 .
1. Who was the last person having contact with the victim?
11. Where was the last place the victim visited or was physically present
prior to his appearance at the death scene?
m. Can this person who last saw the victim provide information as to where
the victim had come from and who he had seen just prior to this time?
95 I bid 96 I bid 97 I bid
58
Can the person or persons at the place where the victims was last seen, prior
to his being at the death scene, provide any information as where he was prior
to this time?
Reconstructing the last hours of a homicide victim's life is a leap-frog
procedure from one individual and one place to another person and place as far
back in time as is necessary to gather some understanding of the dispute or of
the onset of the circumstances that led to the homicide98 .
4.9.9 Patterns of criminal homicide. The basic pattern of criminal homicide ordinarily is disclosed in the initial
investigation of a suspicious death. Even though a killer may attempt to falsify
the facts of a dispute or cast the suspicious of guilt upon another person; a
routine investigation should disclose the facts. Among the basic patterns of
criminal homicides are the following99;
t. The anger killing. This pattern is an extension of the cnme of assault.
There is a dispute, anger develops; there is an attack on the victim with or
without weapon and the victim is fatally injured.
1. The triangle killing. The possibility that there is an errant husband, lover
or mistress should rarely be ignored. If there's a wife dead and a woman in
a triangle situation, there are grounds for suspecting a husband who
wished to rid himself of an unwanted wife and Vice -vise to the wife.
When the person who may have the motive in this triangle was also the last
one to see the victim alive, the investigation starts to gather momentum in its
development as a triangle killingtoo.
98 Paul B. western M. Wells crime investigation Basic perspectives 3'' pg 328 99 I bid 100 I bid
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The revenge or jealousy killing.
fhe initial investigation of who the victim was and the history of the
involvement between the victim and suspects usually will disclose the motive of
revenge or jealousy and thus a suspect.
Killing for profit.
The elimination of another person because the murder would gain some benefit
has long been a standard motive for murder. When the circumstances of a
suspicious death show that persons who would profit from the death are
among those who last saw the victim alive, there is support for developing a
theory of criminal homicide along these lines. In this case the victim is
eliminated to gain some benefit.
The random killing.
Where there is no prior connection or tie with the victim has a motive. This
type of killing is often termed unmotivated because the reason for the killing is
clouded and unknown until the suspect is discovered.
Felony murder.
In this case the death of victim results from injuries inflicted by someone in the
course of committing a felony. The criminal intent of the original crime carries
over to the killing. Each of these basic patterns above suggests a standard
"motive" for criminal homicide.
Although motive-that is, reason is not a necessary element in the in-court proof
of a crime, it is a strong and compelling circumstance in identifying the
criminal agent.101
4.9.6 The criminal homicide scene The "good hard look at the scene of a homicide should be concentrated on:
101 I bid
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1. The victim: His clothing, body position, and apparent wounds. The 1st
priority if there is any sign of life is 1st aid and medical care.
11. The weapon: its position in relation to victim or suspect (s) and other
significant crime scene objectives, their condition and appearance of the
weapon.
111. The witnesses (including suspects) their position, clothing, physical and
mental condition.
iv. The general scene
(a) Outdoors composition, nearby objectives,
(b) Indoors composition, arrangement of objectives, security, doors
and windows locked.
v. The other physical evidence, bloodstains and splashes, observable
imprints, tool, marks and transfer evidence.
Prior to sketching the scene, investigators should develop a mental image to
how the killer or killers entered the scene, what he or they did while at the
scene, and how and where the exit was made. A good crime scene processing in
criminal homicides is methodical and thorough.
4.10 Robbery In such investigations the basic evidence must range through each of the
essential elements of the crime of robbery. These essential elements are 102 ;
1. Taking of personal property from the person or presence of a possessor.
2. Against the possessors will.
2. By force or fear.
Robbery has been categorized as having the three (3)
Styles
102 Paul B. Western and Kenneth M. Wells. Criminal investigation basic perspectives 3'' Ed pg
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I
I f
l
1. The ambush
ii. The selective raid
iii. The planned operation.
The ambush robbery is the least planned of all and is based on the element of
surprise.
The selective raid robbery involved a minimum of planning but some "casing" of
the robbery scene the planned operation robbery is carefully structured, and
the robbery group examines all aspects of the situation and plans for all
foreseeable contingencies, in fact "dry runs" may be engaged in by the robbery
gang in this style of robbery103.
Linking or connecting several robbers may develop the identification of four or
five members of a gang, and such data may lead the investigator to some class
about the style of a particular robbery gang.
Investigators assigned a single robbery or series of robberies to investigate
should search for a link-ups" "connect-ups" which will indicate the operations
of a group. In many instances a gang of two to six robbers will not allow more
than two robbers to "surface" on the scene of a robberyl04
Injury may develop data identification one or two person loitering about the
premises and inquiring about employment, or making other inquiries which
would permit them access to the premises and which would allow them to scan
the scene of the crime prior to the robbery. The presence of a wheel man may
be established from witnesses who can offer data as to how the robber or
robbers who committed the actual robbery fled the crime scene.
A wheel man is a driver who remains in the escape vehicle until the robbers
have completed robbery. Then picks them up and flee a scene.
103 I bid 10
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A. "back -up man is a member of the gang who remains in the background
unnoticed, and in case of trouble supports the members of the gang who are
actually committing the robbery.
4.10.1 The target in robberies
The selection of a target in robberies offers clues to who did it.
In planned robberies the acts done in planning before the crime can suggest
suspects or indicate persons in the suspect group who are unlikely suspects.
In the unplanned robberies of the cruising criminal, an investigator can
develop some theory as to who did it solely on the target selection.
In planned robberies the suspect considers not only the victim of the robbery
but also such operational facts as the number of accomplices necessary, the
weapons selected, the number of persons likely to be present during the
robbery, and escape route 105 . In unplanned robberies the suspect acts on
impulse, generally selects a weapon on it's availability, and cruises an area
with no specific victim in mind but in haphazard search of a victim.
4.11 Locating witnesses and recording statements Police investigator has a duty to locate witnesses and to ask for information
about an event suspected of being a crime; there is also nebulous public duty
for witnesses to identify themselves and to assist the police by providing
information106 . Persons sought as witnesses fall in to three general classes.
1. Victims and complainants
11. Witnesses who may give testimony before court;
111. Persons who are sources of information or persons concerned with the
events but removed from the actual circumstances of the crime.
Contacting persons who are, or may be witnesses requires skill and patience.
The barriers to an investigator searching for a witness are silence, the
105 I bid 10
' Paul B. western and Kenneth M. Wells. Criminal investigation Basic perspectives 3'd Ed pg 143
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withholding of information and the deliberate avoidance of the role of witness.
[n low income areas there may be a barrier of general unwillingness to speak
honestly to any police employee.
4.12 Recording statements A potential wittiness conversant with the facts of the case may record his or
her statement personally. The statements usually contain the main body of
evidence in the particular case.
They are usually recorded in narrative form and chronological order and must
be in English the language of court in Uganda 107 . Police statements are
supposed to be recorded on police form 2B, however due to logistical problems
the police usually improvise and write statements on any ordinary papers108.
The statement must contain the particulars of the witness i.e., full names, age,
sex, tribe or nationality, occupation, residence, postal address, telephone
contact, data, time and the police station.
After the introductory information, then the body of the evidence follows.
The investigating officer should record the statement from the witness, so that
he/ she is able to extract the resent evidence for purposes of prosecution.
The statement should be recorded in direct speech and in first person. The
evidence contained in the statement should be based on admissible evidence
only and any hearsay evidence based on rumors should not be contained in the
statement.
The recording officer should countersign the statement with his/ her full
names. Such of police officer may be required to tender the statement in court
and has to prove that it was recorded by him or her even when the statement is
self recorded by a witness, the officer receiving such statement should
countersign and record his or her name.
107 Ssekana M. Criminal Procedure and Practice in Uganda pg 105 108 Scene of Crime Officer at Lira Central Police Station on the 20,02,14
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When a statement is taken, it should have dual accuracy; it should reflect what
the witness has said and what in fact, happened. The statement should contain
the essential facts of what the witness is prepared to testify to, under oath,
about his observations.
The purpose of taking a statement from a witness is generally to 109:
Provides a witness record that will allow a prosecutor to evaluate the case
and plan its presentation at trial.
Enable the prosecutor to monitor the testimony of the witness in court.
"Hold" a witness, that is, discouraging surprise testimony by providing a
possible base for impeaching the witness.
Investigators are expected to exercise judgment as to the number of statements
taken if there are a great number of witnesses. The investigating officer should
ensure that all relevant witness have made a statement before handing over the
file to the Resident State Attorney for sanction 11°.
It was noted by the researcher that sometimes statements are never recorded
from vital witness which greatly affects the prosecution case and that is how
justice is deliberately compromised by the police officers.
4.13 Interviewing witness Interviewing in criminal investigation 1s a face to face conversation with a
purpose to get information. The person interviewed are individuals who have
been located and identified as individual with a knowledge of the crime or it's
circumstances.
During the introductory segment the witness is scanned and appraised by the
investigator and put at ease. It's a leisurely opening of a meeting between two
people. The investigator meets the witness, introduces himself, puts the
witness as much at ease as possible, and begins by asking the witness for
109 Ssekaana M. Criminal Procedure and Practice in Uganda pg 106 110 I bid
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identity data. As these data are secured, the investigator makes a brief
appraisal of the witness111.
Investigators do not make this appraisal as a prelude to an interrogation but
rather for a better understanding of the manner in which the witness will
perceive and report what he has witnessed. For this reason, the appraisal is
mainly of the broad personal characteristics of the witness and his motivation
to tell the true if the witness does not appear willing to co-operate. It is wise
repeat the introductory phase and seek ways of motivating the witness does
not appear to be introducing phase and seek ways of motivating the witness.
The closing of the introductory segment of an interview is of vital importance.
In this termination the investigator quite plainly informs the witness by his
actions that "that is itl 12"
The main portion of an information gathering interview is structured as follows:
(i) The investigator requests the witness to tell in his own words, as briefly as
possible but omitting nothing of importance, what he has seen and heard
in relation to a certain time ,place and event.
(ii) The investigator listens and may make brief notes as the witness tells his
story.
(iii)The investigator asks questions that explore various aspects of the story of
the witness but does not cross-examine. Open-end questions assist the
witness in continuing a story.
Q. Then what?
Q. What gives you that impression?
Q. What was the distance?
(iv) The investigator establishes the foundation for the story told by the witness:
111 Paul B. Western and Kenneth M. Wells criminal investigation basic perspectives 3'' Ed pg 170 112
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• How did you happen to be in this place where you made the observation?
• Where is this place exactly in relation to the movement of the crime- its
happening?
(v) The witness is asked to state any relationship that may exist with others
concerned with the crime or its circumstances. If it becomes clear the witness
is not a chance bystander or a passerby by, a few questions probing beyond the
apparent facts of the crime and collecting information on the stated
relationship are justified.
Just prior to concluding this main segment of the interview, the interviewer
may attempt to resolve any minor conflict between the story of the witness
being interviewed and the circumstances of the cnme known to the
interviewer from information collected previously113_
The interviewer must develop the theme that accuracy 1s important in
gathering information and then he must ask the witness to "look back" within
the general area of conflict. Major conflict between the stories of witness and
circumstances of the crime as developed during an investigation are reviewed
when testing credibility of each witness in the past-interview period and
eventually in courttl4_
The closing segment of the interview is fairly abrupt and 1s indicated by the
classic question.
Is there anything else you would like to add?
The interview ends with a handshake and an expression of appreciation.
113 I bid 114
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Figure 9 Interviewing witness: non suggestive inter view structure.
Time
:luction. Witness
story
lncorporative
witness
4.14.0 The suspect
Open end
question
Witness
position
Witness
relationship
Record
interview
Time
Closing
Suspect defined to means; to have a slight or vague idea concerning not
necessarily involving knowledge or belief or like hood "suspect with reference to
probable causel 1s
4.14.1 Identification and arrest of suspect: The suspect: Identification and Apprehension Development evidence on a
suspect involves sound police work by many people at several levels. Efforts
must be directed towards identifying the suspects which is the most critical
item of information m predicting whether a case will be solved. A
comprehensive investigation involves obtaining a suspect description,
establishin g means of identifying the suspect, locating and naming the suspect
and finally arresting the suspect 116.
After learning a suspect's identity from a victim or witness, the officer should
try to get complete and accurate information. This includes the full name (if
know), a lso-known -as (AKA) information and nicknames.
When possible, the officer should obtain the suspect's home and work
addresses , addresses of close friends, relatives' names, names of locations
m Black's law Dictionary (1990} pg 4939
116 John P. Kenneth and Harry W. More Principles of Investigation 2nd Ed pg 252
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burglarized the store. After a period of developing additional information, the
suspect was arrested and convictedll9.
4.14.2 Identification parade. Identification parade procedures should be followed meticulously to ensure
complete legal compliance. It is considered advisable to ensure that all line-ups
consist of at least 8 persons plus the suspect.
Also people placed in the line -up need to have similar characteristic, factors
such as age, height, weight, heir, length, sex, color and cloth. If a witness
describes the suspect as wearing a distinct item of clothing then the non
suspect should be compelled to wear the similar cloth
4.14.3 Arrest: Arrest means the deprivation of a person his other liberty by legal authority or
as a least by apparent legal authority. The deprivation or liberty under such a
person to appear in court to answer a criminal charge or prevent a person from
causing injury or danger to himself or testing against another person. Himself
or testify against another person 120.
All arresting officers should be alert to the nature and type of evidence that
might normally be encounter at the time of arrest. In collecting evidence at this
time, the finding officer must exercise the same care he would use if the
evidence had ben discovered in a crime scene search.
4.15 Interrogation. Persons suspected of a crime are interrogated.
The purpose of interrogation is to secure a confession of guilt.
An interrogation is a systematic questioning in a formal situation in which the
subject is resistant or unwilling to participate.
119 Information from CID officer at Lira central police station on the 14.01.2014 120 The 1995 Constitution of the Republic of Uganda Article 23
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4.15.1 The interrogation session. The interrogation session offers the suspects an opportunity to clear himself or
to spill everything and to hope for the best. The element of compulsion that
continues in post interrogation is not the coercion of post police interrogation
practices but rather an inner stimulus prompting a prisoner to talk to the
police.
Unlike an interview situation, the investigator conducting an interrogation
must be cognizant prepared. He must be up to date on the reconstruction of
the crime, he must be cognized of the facts secured in parallel inquires into
motive and opportunity and he must know as much as possible about the
suspect and the facts connecting him with the crime121 .
The basic voluntariness of a statement during an interrogation can be tainted
by a promise or a belief that some leniency has been offered in return for a
confession. To insure against this possibility, the investigator must be certain
that no promises form are made or implied prior to or during the
questioning 122. Affirmative response form the suspect should be elicited to the
following questions:
Q: You realize I haven't made you any promises?
Q: Has anyone else in authority in any way made you any promises?
After the introductory material necessary to establish the integrity of the
interrogation, the interrogator completes the beginning of the interview by
clearly stating the reason for the suspect presence,
• The crime about which he is to be questioned.
• The name of the victim.
• The time and place of the crime.
The main body of the interrogation concerns:
111 Paul B. Western and Kenneth M. Wells criminal investigation Basic perspective 3'' Ed pg. 208 122
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• The activity and where about of suspect at and about the time of the crime.
• Who he was with.
• Who observed or might have observed him in this period of time,
• What was he doing, and where he was doing it. Any discussion about
damaging evidence is avoided because it may be misinterpreted as a threat
to the suspectl23.
If the story of the suspect is that he was not at the scene of the crime or was
not in contact with the victim, the second half of the main body of the
interrogation concerns;
• Whether the suspect had ever been at the scene or m contact with the
victim and under what circumstances.
This is a safeguard against any later attempt to compromise physically
evidence putting him at the crime scene or in contact with the victim by
admitting being there or in contact at another time.
The closing of the interrogation is similar to that of interviews.
The possibility of that formal statement (confession) may be taken exists.
There is also the classic concluding question
Q: Is there anything else you wish to talk about or any correction you wish to
make in your story at this time?
A suspect who has made a full disclosure may be asked for permission to
search certain premises, to ride about with the investigator to identify other
locations of criminal activity and persons involved, to participate in an
identification lineup, and possibility to visit the crime scene for reenactment124 .
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4.16 Confession It is provided no confession made by any person whilst he/she is in the
custody of a police officer shall be proved against any such person unless it is
made in the immediate presence of a police officer or above the rank of
Assistant Inspector or a magistratel25.
A confession must be made by the suspect voluntarily in his/her free will,
without use of violence or force, threats of any kind or inducements or
promises of concession 126 .
At the trial the prosecutor must prove that the confession was made voluntarily
by the accusedl27_
4.17 Case preparation The investigator normally has the responsibility for presenting the case to the
prosecutor so that the prosecutor can file formal charges against the suspect.
Before meeting with the prosecutor, the investigator should carefully review the
case at hand to see if there have been any new developments. The investigator
should review each possible charge brought against the suspect. This includes
itemizing the elements of each original charge to determine when the sufficient
evidence has been found to substantiate it. The prosecutor has a great deal or
discretion when filling charges, so all possible charges should be presented for
consideration and evaluation.
To help in reviewing the possible charges in a case and in stages of the court
proceeding, it is beneficial for the investigator to prepare an outline of the case
that includes the following12s:
Narrative statement of the facts.
Statement of the charges.
- Analysis of each charge element by element.
125 Section 24 Evidence Act. 126 Section 25 I bid 127 Ssekana M. criminal procedure and practice in Uganda pg 111 128 Paul b. Western and Kenneth m. Wells criminal investigation basic perspectives 3'' ed.290
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List of witnesses and what each may be expected to testify.
Notes that may be of aid in cross examining witnesses.
Signed statements from witnesses if possible.
Description of each item of evidence to be presented, long with a notation of
its current location.
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CHAPTER FIVE
::::ONCLUSION, CHALLENGES AND RECOMMENDATIONS
5.0 Introduction
fhis chapter presents the conclusions and recommendations of the research. It
c1.lso highlights the major challenges found during the field research. The study
used both qualitative and quantitative methods of analysis, with a view of
making appropriate recommendations based on the findings of the research.
The nature of crime and the relationship between the time of the occurrence
and the time of apprehending the perpetrator determine whether or not the
event will be promptly investigated in any depth. When the perpetrator is
immediately arrested at or near the scene of the crime, the limits of a
preliminary investigation will be extended. If an extensive search for / and
interview of a witness is needed, or if an intensive search of the crime scene for
physical evidence is necessary, an investigation may take time. Homicides,
felonious assaults, drug and cases are prime examples of this type of case.
5.1 Conclusion
The major role of the Police is crime control and prevention. Crime control is
done by ensuring that all cases of crime are thoroughly investigated and
concluded judicially or within police organization. Successful police
investigations depend on good training and personal talent of the investigator.
On the other hand, students exposed to old school detectives are led to believe
that police investigations are rotten, plodding requiring little training. A belief
has developed among many persons both in and out of the field of criminal
justice that all problems of criminal investigation can be solved quite simply by
Microscopic examination and laboratory analyses.
In the researcher's opinions, the truth lies somewhere among these points;
criminal investigation involves a close relationship between innovative thinking
and diligence of the investigator in the field and the investigator in the
75
laboratory (the police scientist) 129 . Investigators and police scientists should
work together as a team, supplementing one another's theory and findings.
They should both work patiently and thoroughly to reconstruct a crime from
their investigative discoveries.
The joining of science with traditional criminal investigation techniques offers
new horizons of efficiency in criminal investigation. New perspectives in
investigation by pass a total or a major reliance on informers and custodial
interrogation and instead increasingly utilize a skilled scanning of the crime
scene physical evidence and a search for as many witnesses as possible. Mute
evidence tells its own story in court, either by its own demonstrativeness or
through the testimony of an expert witness involved in its scientific testing.
Such evidence may serve in lieu of, or as a collaboration of, informers,
custodial interrogation and testimonial evidence of witnesses found and
interviewed by police in an extension of their responsibility to seek out the
truth of all the circumstances of the crime. An increasing certainty in solving
crimes is possible and will contribute to the major deterrent of crime the
certainty that a criminal will be discovered, arrested, prosecuted and convicted.
In Lira Central police Station this research observed that most of the
investigators rely on informers and custodial interrogation. This traditional
usage has come into existence as favorable method due to lack of scientific
equipment to carry out modern investigation. It was discovered that the
evidence of the cases was highly collaborative m nature obtained through
interrogation and testimonial evidence of the witness interviewed by police 130 .
This research has also shown that the rules related to criminal investigations
in Uganda are useful in articulating investigation process. They conform in
many cases with the standard legal principles of natural justice as applicable
in many jurisdictions. In this research, as it has been pointed out above, some
129 John P. Kenneth and Harry W. more. Principle of investigation 2"' Ed pg 10 "
0 Senior CID officer at Lira central police station on the 14.01.14.
76
rules are bit difficulty to be implemented. For example, the forty-eight hours
rule" in relation to detention of the arrested person and the twenty-four hours
requirement of release of a person arrested without warrant make a point of
conflict of laws.
The researcher concluded that it is advisory to begin investigations
immediately. Some criminal acts require thorough detection. They normally
would go undiscovered and unreported, except for an alert investigation
seeking knowledge of clandestine criminal operations, (modus operand,).
5.2 Challenges affecting successful police Criminal Investigation in Lira
Municipality
In the course of criminal investigations, the respondents interviewed pointed
out many obstacles that make it hard to observe the rules of procedure in
criminal investigations. These include the following;
5.2.1 Ignorance of the law:
Respondents stated that most criminal suspects and witnesses are ignorant of
the law and are not cooperative with the process of criminal procedure. Most
criminal suspects, according to the respondents, are not willing to answer the
questions put to them Others deliberately refuse to answer on suspicion that
answering the questions may be used as a guilty plea.
5.2.2 Mob justice:
Cases of people taking the law into their own hands by administering mob
justice are rampant. In such cases, the suspect is lynched, caned, bruised or
even killed. The crime scene is also in most cases tampered with, and this
jeopardizes the procedure of investigation and evidence collection.
77
5.2.3 Political interference:
There are many cases which are not thoroughly investigated according to
procedure because a politician or a powerful personality in the country has an
interest in the case. It may be a relative or even self protection of the suspect.
This, in most cases forces the officer in charge to suspend the investigation or
even terminate it all together.
5.2.4 Lack of adequate logistical, technical and financial resources:
This is another major problem since criminal investigation according to the
rules and procedures requires expertise in order to exhaustively gather the
evidence. Lack of technical expertise and facilities to carry out successful and
conclusive investigations, in most cases result into poor evidence in court, that
lead to acquittal of suspects prematurely.
5.3 Recommendations
5. 3.1 Massive sensitization
The society is growing into un-ethical behavior of injustice. People exercise
powers of investigation, prosecution and judiciary outside the legal regime.
Massive sensitization is required to educate people of the dangers of taking the
law into their own hands. During the research, ignorance of the law in Police
personnel on one hand and the criminal suspects and witnesses on the other
hand, was one of the challenges to the criminal investigations. Some
respondents from Police CID seemed not to be aware of the rules and
procedure applicable in Police investigations. The investigators also stated that
most criminal suspects and witnesses were not co-operative with the process of
criminal investigation.
It is therefore recommended that, massive sensitization to educate people of the
danger of taking law into their hands and concealment of evidence of the crime
is undertaken. They should be informed of the dangers of lynching or killing
innocent people, and be discouraged from mob justice. This will help to ease
the work of criminal investigators especially in crowded areas and communities
78
where there are ethnic or clan hostilities. This will encourage the Police to
follow the rules of procedure when carrying out criminal investigations.
There should also be campaigns to improve community awareness of the role of
the Police in community policing. People should be taught their role and their
importance in detecting and reporting crime as well as non interference with
the work of the Police. In this way, cases of mob justice, tampering with the
crime scene by people will be minimized. All stakeholders in criminal justice
particularly police, local government councils and politicians should take part
in community sensitization to teach the masses how to have a good working
relationship with the Police.
5.3.2 Availability of adequate funding
Another challenge to criminal investigations was lack of adequate logistical,
technical and financial resources. Police criminal investigation operations
should be well funded since it's the pillar of justice in the country. The
Criminal Investigations teams should be provided with all the financial
resources they need to effectively execute their work. Failure to do so may lead
them to ignore some procedures leading to discrediting of the evidence
produced from such an investigation.
The government in cooperation with the Police authority should take purposive
concerns to equip the CID units with necessary equipment such as motor
vehicles, motorcycles, radios and mobile phones. Donor support and funding
could also be sought by the government to supplement the resources available
to the government.
Local government councils also should use their resources to facilitate
investigations process. They should assist the witnesses in their localities to
attend police stations for investigation purposes. They should also maintain
records of criminals in their places and report to police any suspicious person.
NGO's with a base in legal practice should come out and assist local
government in a process.
79
5.3.3 Training and regular refresher courses
Ignorance of law on CID personnel can be curbed by in-service training. With
the advancement of technology, criminals are also advancing their tactics, for
example in cyber crime. The Police investigative force should also be updated in
all these tactics in order to be able to handle such cases. On the sad note
however, currently Police investigators are ill-equipment and lack the technical
know-how to handle complicated high-tech crimes, which reduces the
efficiency of the Police. Government should empower the police department
financially to carry out in service training within and outside the country. The
government can in the aspect also seek help from International Community
and Agencies like Interpol.
5.3.4 Poor remuneration
Employment motivation such as salary increment and promotions should be
within the organization policies. Remuneration to police officers should be on
time and reasonable to meet the life standard.
5.3.5 Review of rules of procedure
One of the greatest challenges in relation to criminal investigation is the rule of
disposal of the arrested suspect within 48 hours. It is a trite law under the
Constitution' as well as international law principles that unnecessary and
unlawfully detention should be discouraged. In a developing country like
Uganda, the rule might become impracticable due to poor and insufficient
investigation facilities. In many cases, such a rule leads the Police to take
suspect to court prematurely for the fear of contravening this law, releasing a
suspect who may be dangerous to the society, or detain him or her unlawfully
as it was noted in this research in Lira Central police station where a suspect
was found to be in Police custody for more than allowed days on reasons that
he was a foreigner waiting extradition process'. Understanding the relationship
between rules and procedures of criminal investigations and lawfulness or lack
of it, of an investigation not only informs theory and research but also affects
intervention efforts in real World settings.
80
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BRANDL, STEVEN G., and FRANK, JAMES. "The Relationship Between Evidence, Detective Effort, and the Disposition of Burglary and Robbery Investigations." American Journal of Police 13 (1994): 149-168.
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/\.PPENDICES
/\.PPENDIX I
Questionnaires for selected officers of the criminal investigations department
Dear respondent
This questionnaire is designed to seek information from you in a research on
"police and criminal investigations, analysis of successful police investigation
partial fulfillment of the requirement for the award of a Bachelor of law of
Kampala international university. Your contribution, opinions and experience
will be highly appreciated.
Thanks very much for your cooperation.
Please tick D in the bracket in front of the most appropriate response and
where explanation is required, use the space provided.
1. Gender
Male
Female
2. Age
18-28
29-38
39-48
D
D
D D D
49 and above D
83
3. Education level:
Secondary level D Bachelors degree D Master degree D
4. Which section do you work in at this station?
CID
Law enforcement
D D
Any other (please specify) ..................................................................... .
5. What position do you hold in this department?
Crime scene detective
Field operations officer
Forensics manager
Forensics manage
D D
D Any other (please specify) ..................................................................... .
6. For how long you worked in this department?
1-5 years D 5-10 years D Over 10 years D
84
7. How do you describe the rate of success in your operations?
Excellent
Very good
Good
Poor
Very poor
D D D D D
8. What determines the capacity of an investigation to secure a conviction
in court?
(SA- strongly agree · A Agree B disagree SD strongly Disagree
Determinants of success of an Responses
investigation
1. Personal brilliance of investigating SA A D SD
officers
2. Condition of the crime scene
3. Personality of the perpetrator
4. Support of the community
5. Available of witnesses
6. Observing rules of procedure during
investigation
9. Are you conversant with the rules and procedures that have to be
observed during criminal investigations?
Yes D No D
85
b) If so, specify
10. How far do you observe the rules and procedures during the
investigation of the crime?
To the maximum
Where necessary
Not often
Not at all
D D D D
11. Does the observation of rules and procedures during investigations
make evidence any stronger?
Yes D No D Anyother D 12. Are there any circumstances where it is hard or even impossible to
observe the rules and procedures during a criminal investigation?
Yes D No D 13. If yes, under what circumstances are these
(SA-Strong A- Agree D- Disagree SD Strongly Disagree)
Circumstances where rules and Responses
procedures may not be observed
1. When the crime scene is tampered with SA A D
2. When the required expertise is not
available
3. When the resources are not available
4. When the workload is too much
86
SD
5. When the prosecution withdraws
6. When the accused confesses to
committing the crime
7. When the investigation has to be done
very quickly
14. What challenges do you face in trying to observe rules and procedures
during criminal investigations?
Logistical problems
Technical incapacitation
Financial constraints
Political influence peddling
Any other (please specify)
D D D D
15. How do you address these challenges?
Maximum preparation D Handling one case at a time D Periodical retraining of officers D Extensive mobilization of funds D Any other (please) ................................................................................ .
87
16. What do you expect from other stakeholders such as the community
and the government?
Moral and logistical support
D Provision of the required resources in time
Ensuring the independence of the investigations D Any other (please specify) .................................................................... .
88
APPENDIX II
Interview Guide for general cid personal at Kabalagala and Ggaba
police stations.
What is your age and sex?
What department do you work for?
For how long have you worked in this organization?
How do you measure the success of a criminal investigation process?
What are the rules of procedure in your operations?
What is the rate of observation of these rules?
How does the observation of rules and procedures help your success in
prosecutions?
Under what circumstahces are the rules of procedure ignored?
In the vent of the above, how does it affect the outcome of your
investigations?
What challenges do you face in trying to observe the rules and
procedures during criminal investigations?
How do you address these challenges?
What is the role of the government and the community?
89
APPENDIX III
OBERVATION GUIDE (CHECKLIST)
ACTIVITIES Researcher's observation
Very Insufficient Satisfactory Very
insufficient satisfactory
Crime scene
maintenance
Evidence gathering
Tracing of suspects
Apprehension of
suspects
Interrogation
Preservation of exhibits
Compilation of case
files
Detention of suspects
90
APPENDIX IV
Proposed budget for proposal and report writing
Tern Quality rate Total cost
Ream of paper 2 10,000/= 20,000/=
Pens 5 400/= 2,000/=
Proposal typing 2 copies 15,000/= 30,00/=
and printing
Transport - - 70,000/=
Dissertation 4 40,000/= 160,000/=
typing, printing
and binding
Miscellaneous - 50,000/=
Total 392,000/=
91
APPENDIXV
TIME FRAME FOR RESEARCH REPORT
DURATION ACTIVITY
Two weeks Proposal
Four weeks Data collection
Three weeks Date editing and coding
Three weeks Data analysis and presentation
Two weeks Report writing and compiling
' Fifteen weeks Total time period
92