CDI 3

Pointers to review:
Elements of various crimes Arson
Robbery Stages of commission of crime
Rape 1st responders’ task
Murder, homicide, and other crimes against Sketch
persons
Photography
Physical Evidence,
Alibi
CSI
Golden rules in CSI

ELEMENTS OF VARIOUS CRIMES

1. Criminal Act (Actus reus)
- Actus reus (Latin for guilty act) occurs when any unlawful act or unlawful omission of an act,
as required by legal statute, takes place. Words can also be considered acts in criminal law: purgery,
verbal threats, conspiracy, or solicitation. Thoughts, on the other hand, are not considered criminal;
rather, they contribute to the second element: intent.
For an act to be criminal, it must be voluntary—the defendant must control the action. If a defendant acts
on reflex, it does not satisfy the requirement of voluntariness.
2. Criminal Intent (Mens rea)
-In order for a criminal act to qualify as a crime, the mental state of the perpetrator must be taken
into consideration. The theory of mens rea holds that a defendant can only be held culpable when there is
criminal intent.
3. Concurrence
-This element of a crime refers to the coexistence of criminal intent and a criminal act. Without
evidence that the mens rea preceded or occurred at the same time as the actus reus, the burden of proof
falls short.
4. Causation
-Much of the time, this fourth element is present in a criminal case. Causation refers to the
relationship between the defendant conduct and the end result. The prosecution must prove beyond a
reasonable doubt that the defendant’s actions were what led to the resulting crime in question, which is
typically harm or injury.
ROBBERY
- Grave offense
- May be defined as the unlawful, forcible taking of a victim's property from the person of the victim.
Robbery is distinguished from other unlawful seizures of property, such as larceny and burglary, in that
(1) the property seized is taken directly from the person of the victim (as in a mugging) and (2) there is
involved the use or threat of force.
- Article 293 of the Revised Penal Code defines robbery as a crime committed by "any person who, with
intent to gain, shall take any personal property belonging to another, by means of violence against or
intimidation of any person, or using force upon anything."
- By definition in the RPC, robbery can be committed in three ways, by using: (a) violence against any
person; (b) intimidation of any person; and/or (c) force upon anything. Robbery by use of force upon
things is provided under Articles 299 to 305 of the RPC.

RAPE
- Grave offense
- Unlawful sexual activity, most often involving sexual intercourse, against the will of the victim through
force or the threat of force or with an individual who is incapable of giving legal consent because of
minor status, mental illness, mental deficiency, intoxication, unconsciousness, or deception. In many
jurisdictions, the crime of rape has been subsumed under that of sexual assault. Rape was long considered
to be caused by unbridled sexual desire, but it is now understood as a pathological assertion of power over
a victim.
- The traditional definition was narrow with respect to both gender and age; rape was an act of sexual
intercourse by a man with a woman against her will. As rape is now understood, a rapist or a victim may
be an adult of either gender or a child. Although rape can occur in same-sex intercourse, it is most often
committed by a male against a female.
- Republic Act (R.A.) No. 8353, otherwise known as the Anti-Rape Law of 1997, expanded the
definition of the crime of rape in the Revised Penal Code (RPC) and re-classified it as a crime against
persons instead of as a crime against chastity. As a crime against persons, the law no longer considers
rape as a private crime. Thus, anyone who knows of the crime may file a case on the victim’s behalf, and
prosecution may continue even if the victim drops the case. In this regard, the law is considered as
progressive in terms of veering away from the chastity framework. However, some of its provisions still
need to be amended or repealed for being discriminatory against women and non-compliant with
international human rights standards embraced by the Philippines.

MURDER, HOMICIDE, AND OTHER CRIMES AGAINST PERSONS

Murder is defined and penalized under Article 248 of the Revised Penal Code (RPC), as amended, which
provides:
“ART. 248. Murder. Any person who, not falling within the provisions of Article 246, shall kill another,
shall be guilty of murder and shall be punished by reclusion perpetua, to death if committed with any of
the following attendant circumstances:
With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to
weaken the defense, or of means or persons to insure or afford impunity;
In consideration of a price, reward, or promise;
By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault
upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means
involving great waste and ruin;
On occasion of any calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic, or any other public calamity;
With evident premeditation;
With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.
Generally, the elements of murder are:
1) That a person was killed;
2) That the accused killed him;
3) That the killing was attended by any of the qualifying circumstances mentioned in Art. 248; and
4) That the killing is not parricide or infanticide.

On the other hand, the crime of Homicide is defined and penalized under Article 249 of the RPC, which
reads:

“Art. 249. Homicide. – Any person who, not falling within the provisions of Article 246, shall kill
another, without the attendance of any of the circumstances enumerated in the next preceding article, shall
be deemed guilty of homicide and be punished by reclusion temporal.”

The elements of Homicide are the following:

(a) a person was killed;
(b) the accused killed him without any justifying circumstance;
(c) the accused had the intention to kill, which is presumed; and
(d) the killing was not attended by any of the qualifying circumstances of Murder, or by that of Parricide
or Infanticide.

Under the Revised Penal Code, the penalty imposed for the crime of murder is reclusion perpetua (20
years and 1 day to 40 years, but still indivisible penalty) while for homicide, the penalty is reclusion
temporal with a duration of 12 years and 1 day to 20 years.
There's also certain steps or priorities that a seasoned investigator will take depending upon the crime he
or she is investigating. While most textbook training is based on the homicide exemplar, in the real world,
a seasoned investigator would probably investigate the following crimes using the steps in the order listed
below:

Homicide: Rape: Robbery: Burglary:

1- focus on deceased 1- focus on victim 1 - modus operandi 1 - focus on scene

2 -crime scene 2 - medical reports 2 - crime scene 2 - records check
3 - crime lab 3 - crime scene 3 - police records 3 - property check
4 - usual suspects

Source: adapted from Gilbert, J. (1980) Criminal Investigation. Columbus: Merrill.

The term “crimes against the person” refers to a broad array of criminal offenses which usually involve
bodily harm, the threat of bodily harm, or other actions committed against the will of an individual. Those
involving bodily harm (or the threat thereof) include assault, battery, and domestic violence. Additionally,
offenses such as harassment, kidnapping, and stalking also are considered crimes against the person.
Assault / Battery
- Definitions for the closely related offenses of assault and battery, which also are recognized as civil
offenses, plus links to select statutes and additional, more in-depth articles about the crime.

Aggravated Assault / Battery

- In-depth information on aggravated assault and battery, a more serious subset of the general assault and
battery offenses, including general guidelines used by prosecutors to determine when aggravate charges
are warranted.
Domestic Violence
- General overview of domestic violence, a distinct subset of crimes against individuals who also are part
of a family or household, and a link to additional information in FindLaw’s Family Law section.
Stalking
- General definition of stalking, a relatively new crime involving conduct in which the offender harasses
or invades the personal space of another individual, often putting the victim in fear for his or her safety.
Harassment
- The basics of criminal harassment, a crime distinct from civil harassment which can include stalking,
violating restraining orders, harassing an individual via telephone or the Internet; with links to state laws.
Hate Crimes
- Brief definition and overview of federal hate crimes, a classification of offenses for which the motive is
based on the victim’s race, ethnicity or some other characteristic protected by civil rights laws.
Kidnapping
- Brief definition and explanation of kidnapping, the forced capture and captivity of an individual, often
with the purpose of extorting money in exchange for the victim’s safe return.

PHYSICAL EVIDENCE
- Also known as REAL EVIDENCE is defined as anything having physical or material quality, a
tangible article or matter however large or microscopic which tend to prove or disprove a point under
consideration or investigation.
- these are the articles and materials which are found in connection with the investigation and aid in
establishing the identity of the suspect.
TYPES OF PHYSICAL EVIDENCE
a. FIXED OR IMMOVABLE evidence which cannot be easily moved or impossible to collect in its
entirety for presentation in court.
Ex: writing or markings on concrete wall
Bulky safes
Building automobiles
Footprints on soil
b. MOVABLE – physical evidence which can be moved and presented in court in its original form.
Ex. Bladed weapons
Rifles, small arms
Tools
Small objects with latent prints
Bottles with contents suspected to be poison
c. FRAGILE OR PERISHABLE EVIDENCE – evidences exposed to alteration, damage or destruction
when collected or reproduced.
Ex. Plastic prints
Glass with bullet holes
Blood stains and body fluids
Volatile substances
GENERAL PRINCIPLES OF PHYSICAL EVIDENCE
A. No two products of man or nature are identical, and differences are perceptible if a sufficient close
study is made.
B. When any to objects come into contact with each other, there is always a transference of material from
one object to the other.
USES OF PHYSICAL EVIDENCE
A. Reconstruct crime
B. Identify criminals
C. Identify things associated with criminals
D. Establishment of material facts to the case
E. Establishment of probable whereabouts or source of criminal.
F. Disprove or discredit alibis

SOURCES OF PHYSICAL EVIDENCE

A. Crime scene
B. Victim
C. Criminal
D. Objects associated with criminal or victim
E. Criminal receiver
F. Other persons associated with criminal
COLLECTING PHYSICAL EVIDENCE
A. The best physical evidence at or near the crime scene. The investigator should be able to recognize
evidence from experience, sound judgment and common sense.
B. Every precaution must be taken to preserve the integrity of the evidence, to safeguard it against loss,
mutilation, destruction, alteration, concealment, or unauthorized removal.
C. A cardinal rule to observe is to avoid touching or moving any evidence until it has been properly
photographed, its location measured and depicted in the sketch and pertinent data recorded in the notes.
Once evidence is handled, it can never be restored to its exact original position.
D. Evidence should be collected in such a manner as to preserve its intrinsic probative value. Care should
be exercised to ensure that the evidence is preserved in as near the same condition as when it was found.
E. Handle evidence as little as is possible. When needed, wear globes or place cellophane bags over
hands.
F. Collect first as far as is practical, fragile evidence when found.
G. Note down and inform the laboratory of any accidental touching of the physical evidence for
elimination purposes.
H. If it is necessary to damage, partially destroy or otherwise decrease the effectiveness of an article to
collect important evidence, secure permission from the owner. Have it photograph first in its whole
portion before cutting is made. Issue receipt.
I. In case of assault or murder, arrangement should be made to have an officer accompany the victim to
medico-legal officer to coordinate for the collection and preservation of any foreign material found on
skin or lacerated area of the victim’s body and to take custody of clothing for transmittal to the crime
laboratory.
J. Collect sufficient samples for those evidence requiring control tests. Preserve integrity of standard in
the same manner as the evidence.
K. Collect standards approximating evidence collected.
CSI
Composition of the CSI Team:
 Team Leader
 Evidence Collectors/Custodian
 MELO/City or Municipal Health Officer
 Crime Photographer
 Sketcher/Measurer
 Evidence Custodian/Security Officer
 Specialist

ARSON
- Grave offense
- Crime commonly defined by statute as the willful or malicious damage or destruction of property by
means of fire or explosion. In English common law, arson referred to the burning of another person’s
dwellings under circumstances that endangered human life. Modern statutes have expanded this definition
so that arson now includes the wrongful burning of any public or private property.
- P.D 1613 on Arson

STAGES OF COMMISION OF CRIME

There are three stages in the commission of a crime:
Attempted, such as when you hit the victim but you could not finish him off because a policeman arrived
and subdued you;
Frustrated, such as when you hit him and he could have died from the injuries that you inflicted were it
not for the timely intervention of the doctors;
Consummated, if the crime is executed and accomplished, such as when you hit the victim with a piece
of hardwood and killed him.
The punishment for an attempted crime is lower than that of a frustrated crime, which is lower than that
of a consummated one.

FIRST RESPONDERS TASK

First Responder – must be able to properly preserve the crime scene in order to get maximum scientific
information that will help in the successful prosecution of the perpetrator of the crime
The First Responder shall:
 Cordon off crime scene with whatever available materials like ropes, straws, human barricade, police
line
 Evacuate injured persons to the nearest hospital
 Prepare to take the “dying declaration” of severely injured person
 Prevent entry/exit of persons within the cordoned area
 Prepare to brief the CSI Team Leader of the situation upon their arrival
PAP Rule for the First Responder:
Preserve human life
Arrest the suspect if possible
Protect the crime scene

SKETCH
CRIME SCENE SKETCH
1. Kinds of sketch
ROUGH SKETCH – sketch in crime scene indicating the actual measurement of things but need not be
drawn to scale.
FINISHED SKETCH – final sketch with scale of measurement and proportion purposely for court
presentation.
2. Kinds of police sketching
SKETCH FROM LOCALITY – provides a picture of the scene, the crime and its vicinity including
neighboring buildings and roads leading to the crime scene.
SKETCH OF GROUNDS – pictures the scene of the crime with the nearest physical surroundings such
as a house with its garden, floor plan, and other.
SKETCH OF DETAILS - immediate scene only, like the room where the actual crime was committed.

3. Elements of sketching
 The investigator must make the measurement carefully using tape measure, rulers, or other measuring
device.
 North must be indicated
 There must be scale
 With key information such as case number, table of contents, name of person making sketch.
 Irrelevant items are not included in the sketch
 All items must be located by measurement from at least two permanent fixed points that can be
relocated if the need arises.

PHOTOGRAPHY
- was used in investigation to identify evidence and suspect, to preserve them for court presentation. A
person who popularized in photography was Rudolf Reiss, he aided the forensic science field by
specializing in photography.
Photographing the crime scene
– photograph the crime scene by taking a series of overlapping shots from the parameter inward to obtain
maximum information on how the crime was committed.
Guidelines for taking photographs of the crime scene
 Photographs of a crime scene should be taken as soon as possible, before note taking, sketching or a
search for evidence begins
 The pictures should illustrate the original, uncontaminated condition of the crime scene
 Photographs should be taken of the crime scene only, without spectators or police personnel
 To adequately present the crime scene initially, the photographs must form an organized sequence and
show all relevant locations and objects
 The crime scene photographs must progress from general to specific
Three Major Types of Pictorial Views:
1. long-range photograph of the over-all scene
Distance: from the doorway to the room and other corners of the room
2. Mid-range photograph
 Distance: Eight or ten feet from the victim
3. Close-up photograph
Kinds of photograph
OVER-ALL PHOTOGRAPH - done in clockwise until at least four general views have been taken.
PHOTOGRAPH OF THE VICTIM – a set of pictures showing the relationship of the cadaver over the
surrounding including the injuries sustained.
PHOTOGRAPH OF EVIDENCE – weapons, blood, stains, fiber etc.
PHOTOGRAPH OF THE VICNITY OR ENVIRONMENT
Take note of the following photographic data:
 Data to identify the photographs with the offense
 Name of the photographer
 Data on the orientation or position of the camera
 Date and hour when each photograph was taken
 Data about the light and weather condition when each photograph was taken
 Type and make of the camera and kind of film used
 Focal length of the lens
 Data on developing, printing and other special laboratory techniques.

ALIBI
- is one of the weakest defenses not only because it is inherently frail and unreliable, but also because it
is easy to fabricate and difficult to check or rebut.
- is a statement by a person, who is a possible perpetrator of a crime, of where they were at the time a
particular offence was committed, which is somewhere other than where the crime took place.

GOLDEN RULES IN CSI

“Do not touch, alter, move, or transfer any object at the crime scene unless it is properly marked,
measured, sketched and/or photographed.”