LEGAL PROVISIONS IN CRIMINAL INVESTIGATION

MAPP vs. OHIO (376 vs. 584)

The Supreme Court ruled that illegally obtained evidence is inadmissible in state
criminal prosecutions This case established the "Doctrine of Poisonous Tree."

MIRANDA vs. STATE OF ARIZONA

A kidnapping and rape investigation in Phoenix, Arizona, resulted in the arrest of

Ernesto Miranda as the suspect. Following a lineup identification by the victim, the
suspect was interviewed for two hours a relatively short period of time for a major case
of this nature. During this time period, Miranda confessed orally, then gave investigators
a written confession regarding the offense. The suspect was subsequently convicted,
with the Arizona ona Supreme Court upholding the lower court decision. The United
States Supreme Court reversed this decision, stating that the suspect's rights to counsel
and his protection against self-incrimination had been violated. As a result of this
landmark decision, the so- called MIRANDA WARNING has become man mandatory.
Suspects taken into custody or deprived of their freedom of action, who are to be
questioned by law enforcement officers, must be warned in substantially the following
terms:

1. You have the right to remain silent.

2. Anything that you say can be used against you.

3. You have the right to talk with a lawyer and have the attorney present during
questioning.

4. If you cannot afford an attorney, one will be appointed to represent you before
any questioning at your request.

Legal Requirements of Criminal Investigation

1) Legal The investigation must be conducted i accordance with the law.

2) Thorough- The investigation must be conducted in the most complete and

detailed manner.

The Basic Legal Parameters in the Criminal Investigation Process

It provides a short introduction on what these parameters mean and its importance to
the process. It also include who is covered in the parameters and ensured that this is
followed.

1. Duty to investigate:
 2. Arrest and detention of a suspect:

3. Due process;

4. Rights of the persons involved:

5. Probable cause;

6. The burden of proof, and

7. Proof beyond a reasonable doubt.

The Right of Person Under Investigation in the Philippine Setting

1973 Philippine constitution, Art. 111. Section 20.

"No person shall be compelled to be a witness against himself. Any person under
investigation for the commission of an offense shall have the right to remain silent and
to counsel, and to be informed of of s such right No force, violence, threat, and
intimidation, nor any means which vitiates free will shall be used against him. Any
confession obtained in violation of this section shall be INADMISSIBLE as evidence."

The warning on the right to remain silent must be accompanied with an

explanation that anything said can and will be used against the individual in court. This
warning is necessary in order to make him aware not only the privilege but also of the
consequences of forgetting it (People vs. Duero, 104 SCRA 379, 1981).

1987 Philippine Constitution, Art. 111 Section 12 (1)

"Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have a competent and
independent counsel preferably of his If the person cannot afford the services of a
choice. If the person cannot afford the service of a

counsel, he must be provided with one. These rights cannot be waived except in
writing and in the presence of a counsel."

Republic Act No. 7438-An act defining certain RIGHTS OF PERSON ARRESTED,
DETAINED AND/OR UNDER CUSTODIAL INVESTIGATION as well as the duties of
the arresting, detaining, and investigating officers and providing penalties for violation
thereof.

1. The person arrested, detained, invited or under custodial investigation must

be informed in a language known to and understood by him of the reason for the
arrest and he must be shown the warrant of arrest, if any; Every other warnings,
information or communication must be in a language known to and understood by said
person;

2. He must be warned that he has a right to remain silent and that any
statement he makes may be used as evidence against him;

3. He must be informed that he has the right to be assisted at all times and
have the presence of an independent and competent lawyer. preferably of his own
choice;

4. He must be informed that if he has no lawyer or cannot afford the services of a

lawyer, one will be provided for him; and that a lawyer may also be engaged by any
person in his behalf, or may be appointed by the court upon petition of the person
arrested or one acting in his behalf;

5. That whether or not the person arrested has a lawyer, he must be informed
that no custodial investigation in any form shall be conducted except in the
presence of his counsel or after a valid waiver has been made;

6. The person arrested must be informed that, at any time, he has the right to
communicate or confer by the most expedient means telephone, radio, letter or
messenger with his lawyer (either retained or appointed), any member of his immediate
family, or any medical doctor, priest or minister chosen by him or by any one from his
immediate family or by his counsel, or be visited by/confer with duly accredited national
or international non-government organization. It shall be the responsibility of the officer
to ensure that this is accomplished;

7. He must be informed that he has the right to waive any of said rights provided
it is made voluntarily, knowingly and intelligently and ensure that he understood the
same;

8. In addition, if the person arrested waives his right to a lawyer, must be

informed that it must be he done in writing AND in the presence of counsel, otherwise,
he must be warned that the waiver is void even if he insist on his waiver and chooses to
speak;

9. That the person arrested must be informed that he may indicate in any manner
at any time or stage of the process that he does not wish to be questioned with warning
that once he makes such indication, the police may not interrogate him if the same had
not yet commenced, or the interrogation must ceased if it has already begun;

10. The person arrested must be informed that his initial waiver of his right to
remain silent, the right to counsel or any of his rights does not bar him from invoking it at
any time during the process, regardless of whether he may have answered some
questions or volunteered some statements;

11. He must also be informed that any statement or evidence, as the case may
be, obtained in violation of any of the foregoing, whether inculpatory or exculpatory, in
whole or in part, shall be inadmissible in evidence.

What is the legal consequence if an arrested person the under custodial

investigation is deprived of the aforestated constitutional rights?

Any testimony or statement taken from the arrested person deprived of his or her
constitutional rights would be inadmissible as evidence in the Court of Justice. Also,
the investigator may be held criminally liable for the violation of the law.

REPUBLIC ACT NO. 9745 ANTI TORTURE ACT OF 2009

TYPES OF TORTURE

(a) Physical torture is a form of treatment or punishment inflicted by a person in

authority or agent of a person in authority upon another in his/her custody that causes
severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such
as:

(1) Systematic beating, headbanging, punching, kicking, striking with truncheon

or rifle butt or other similar objects, and jumping on the stomach;

(2) Food deprivation or forcible feeding with spoiled food, animal or human
excreta and other stuff or substances not normally eaten;

(3) Electric shock;

(4) Cigarette burning; burning the rubbing of pepper or other chemical

substances on mucous membranes, or acids or spices directly on the wound(s);

(5) The submersion of the head in water or water polluted with excrement,
urine, vomit and/or blood until the brink of suffocation;

(6) Being tied or forced to assume fixed and stressful bodily position;

(7) Rape and sexual abuse, including the insertion of foreign objects into the
sex organ or rectum, or electrical torture of the genitals;

(8) Mutilation or amputation of the essential parts of the body such as the
genitalia, ear, tongue, etc.;
 (9) Dental torture or the forced extraction of the teeth;

(10) Pulling out of fingernails;

(11) Harmful exposure to the elements such as sunlight and extreme cold;

(12)The use of plastic bag and other materials placed over the head to the point
of asphyxiation;

(13)The use of psychoactive drugs to change the perception, memory,

alertness or will of a person, such as:

(i) The administration or drugs to induce confession and/or reduce

mental competency;

or

(ii) The use of drugs to induce extreme pain or certain symptoms of a

disease, and

(14)Other analogous acts of physical torture; and

(b) Mental/Psychological Torture refers to acts committed by a person in authority or

agent of a person in authority which are calculated to affect or confuse the mind and/or
undermine a person's dignity and morale, such as:

(1) Blindfolding;

(2) Threatening a person(s) or his/her relative(s) with bodily harm, execution or

other wrongful acts;

(3) Confinement in solitary cells or secret detention places;

(4) Prolonged interrogation;

(5) Preparing a prisoner for a "show trial", public display or public humiliation of a
detainee or prisoner;

(6) Causing unscheduled transfer of a person deprived of liberty from one place
to another, creating the belief that he/she shall be summarily executed;

(7) Maltreating a member/s of a person's family;

(8) Causing the torture sessions to be witnessed by the person's family, relatives
or any third party;

(9) Denial of sleep/rest;

 (10)Shame infliction such as stripping the person naked, parading him/her in
public places, shaving the victim's head or putting marks on his/her body against his/her
will. 11) Deliberately prohibiting the victim to communicate with any member of his/her
family; and

(12) Other analogous acts of mental/psychological torture.

Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. Other

cruel, inhuman, or degrading treatment or punishment refers to a deliberate and
aggravated treatment or punishment inflicted by a person in authority or agent of a
person in authority against another person in custody, which attains the level of
severity sufficient to cause suffering, gross humiliation or debasement to the latter. The
assessment of the level of severity shall depend on all the circumstances of the case,
including the duration of the treatment or punishment, its physical and mental effects
and, in some cases, the sex, religion, age and state of health of the victim.

Section 7. Prohibited Detention. - Secret detention places, solitary confinement,

incommunicado or other similar forms of detention, where torture may be carried out
with impunity. Are prohibited.

Section 8. Applicability of the Exclusionary Rule; Exception. Any confession,

admission or statement obtained as a result of torture shall be inadmissible in evidence
in any proceedings, except if the same is used as evidence against a person or persons
accused of committing torture.

Section 10. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data
Proceedings and Compliance with a Judicial 0rder. A writ of habeas corpus or writ
of amparo or writ of habeas data proceeding, if any, filed on behalf of the victim of
torture or other cruel, degrading and inhuman treatment or punishment shall be
disposed of expeditiously and any order of release by virtue thereof, or other
appropriate order of a court relative thereto, shall be executed or complied with
immediately.

Section 11. Assistance in Filing a Complaint. The CHR and the PAO shall render
legal assistance in the investigation
and monitoring and/or filing of the complaint for a person who suffers torture and other
cruel, inhuman, and degrading treatment or punishment, or for any interested party
thereto.

Section 12. RIGHT TO' PHYSICAL, MEDICAL AND PSYCHOLOGICAL

EXAMINATION. Before and after interrogation, every person arrested, detained or

under custodial investigation shall have the right to he informed of his/her right to
demand physical examination by an independent and competent doctor of his/her own
choice. If such person cannot afford the services of his/her own doctor, he/she shall he
provided by the State with a competent and independent doctor to conduct physical
examination. The State shall endeavor to provide the victim with psychological
evaluation if available under the circumstances. If the person arrested is a female, she
shall be attended to preferably by a female doctor. Furthermore, any person arrested,
detained or under custodial investigation, including his/ her immediate family, shall have
the right to immediate access to proper and adequate medical treatment. The physical
examination and/or psychological evaluation of the victim shall be contained in a
medical report, duly signed by the attending physician, which shall include in detail
his/her medical history and findings, and which shall he attached to the custodial
investigation report. Such report shall be considered a public document.

THE PROBER/CRIMINAL INVESTIGATOR

THE CARDINAL QUESTIONS OR POINTS OF INVESTIGATION

Who is a criminal investigator?

The criminal investigator is a person who conducts an Investigation. The criminal

investigator investigation. is also known as prober and is deemed the superstar in the
investigation process (Cael & Agas, 2000).

ROLES OF AN INVESTIGATOR

1. Determine that a crime has been committed.

a. An act which violated no statute is not a crime.

b. Departmental jurisdiction may be limited.

c. Possibility of false report.

d. Legal concept of corpus delicti (body of the crime).

2. Identifying the victim and the offender.

The true name is not required as stated in Section 7, Rule 110 of the rules of Court. It
states that, "If his (accused) name cannot be discovered, he must be described under a
fictitious name (John Doe) with a statement that his true name is unknown."

3. Locate and apprehend the accused.

4. Present evidence of guilt.

TRICHOTOMY OF CRIMINAL INVESTIGATION

1. Training- This is a critical factor in developing good and competent investigators.

Also, it is the, key to freedom from bondage of ignorance.

2. Tools-These refers to the information, interview, interrogation, and instrumentation

that are used by the investigator to establish facts and develop evidence.

3. Technique This pertains to the essence of tactical strategy in an investigation.

Desirable Traits of the Investigator

1. Superior reasoning ability The logical analysis of a multitude of facts and the
interrelatedness of these facts is considered as the basics of an investigative process.
Although this ability is essential at all levels of law enforcement, the investigator is
confronted with daily continual mental challenges.

This ability is related to CRITICAL THINKING encourages fair mindedness,

intellectual caution, as it and openness to questions on common or assumed beliefs.
Critical thinkers look for reasons to accept or reject an assumption and are never
hesitant to seek an explanation on the "why" of an event.

Developing critical and analytical thinking is and use necessary to understand

and the information which emerges during the investigative process. If properly used,
critical thinking leads to sound conclusions based on independent ideas.

Elements that Form the Foundation of the Critical Thinking Process:

a. Differentiating between fact and opinion.

b. Determining cause-and-effect relationships.

c. Determining the accuracy and completeness of information presented.

d. Recognizing logical fallacies and faulty reasoning.

 e. Developing inferential skills through deductive or inductive reasoning.

. A FACT is a statement or observation that can be verified or supported using verifiable

points of information, whereas an OPINION refers to a person's impression or personal
belief. Factual data guides the course and direction of the case, whereas opinions serve
only as secondary and lesser valuable functions.

CAUSE-AND-EFFECT thinking serves as a directional purpose or as a guide in the

course of the investigative process. This form of thinking should be developed as one or
several facts further generate related factual insights.

FAULTY REASONING is often a result of generalization, stereotyping, oversimplifying,

or incorrect assumptions.

DEDUCTIVE REASONING is the act of forming a general conclusion prior having a

complete explanation grounded on facts. Using deductive conclusion, the investigator
ponders on the emerging evidence and contrasts it with the conclusion to determine its
validity.

INDUCTIVE REASONING is established by utilizing the results of further investigation

and gathering of evidence.

2. Imagination and curiosity - IMAGINATION involves forming mental images of of

what is missing or omitted. It also involves creating new ideas by relating previous
experiences. Imagination is indispensable in many incomplete investigations. On the
other hand, CURIOSITY is the desire to learn more through inquisitiveness or the
eagerness of the investigator to know more about the crime.

3. Intuition - This refers to the immediate apprehension or cognition or the quick and
ready insight without the conscious use of reasoning. It is said that police investigators
have a "sixth sense" resulting in hunches that those outside the profession rarely
perceive or notice. This is the result of experience and training. Employing an
investigator's experiences to other situations is a subconscious thought process.

4. Observational ability- The ability to observe

requires effective noting and recording of facts. In most circumstances, the investigator
uses the sense of seeing and hearing, the former being the more significant. For
example, the criminal investigator must have the ability to note visual details while
observing a subject for only a brief time. The accuracy of descriptions of facial features,
clothing, automobiles, etc. is crucial in a criminal case.

5. Organizational ability - When investigating, the police investigator is continually

processing various types of information. Written information, verbal information, current
case assignments, and follow- ups of past investigations all require an effective and
efficient organizational skill. The investigating officer is receiving and processing formal
reports from a multitude of sources. This demands an orderly method of information
retention and organization resulting to availability of records and facts when needed.

6. Legal knowledge The investigator must possess a solid grounding both in criminal
and civil law. The officer should be capable of distinguishing between a criminal
violation and a civil violation to determine the appropriate action.

7. Cultural understanding and a wide range of interest Knowledge, understanding,

and sensitivity to the cultures different from the investigator's own is an advantage. This
knowledge is useful in gathering information interviewing, informant recruiting, including
other tasks commonly encountered during criminal investigation. Because specific
behaviors and traits are unique to various groups, knowledge of cultural diversity can
provide the investigator new insights.

8. Persistence - This refers to the will to continue despite opposition or adverse

situations. In addition, it also means to endure or persevere until all available facts of an
investigation are known or until satisfied that further effort will be unproductive.

CARDINAL QUESTIONS IN CRIMINAL INVESTIGATION

The investigation must seek to establish the six (6) cardinal points of
investigation, namely: what specific offense has been committed; how the offense has
been committed; when it was committed; where it was committed; why it was
committed; and who are the involved persons. The following are the cardinal questions
composed of 5W's and 1H:

A. Who questions: These are questions used to inquire on the identity of the victims or
offended party, name of suspect, accomplices, accessories, and witnesses of the crime,
such as:

1. Who reported the crime? Who discovered the crime?

2. Who saw how the crime was perpetrated?

3. Who is the victim? Who had any misunderstanding with him?

4. Who is the offender, perpetrator or culprit?

5. Who are the companions, associates or accomplices of the perpetrator?

B. What questions: The purpose of these questions is to find out what happened or
what took place before, during, and immediately after the commission of the offense.
Some of the questions are:

1. What happened?

2. What specific action/s did the suspect, victim, or witness do?

3. What is the nature of the crime?

4. What was/were the weapons/s or tools/s used by the culprit?

5. What are the pieces of evidence discovered at the crime scene?

C. Where questions: These are questions that localize the place of the incident- the
city or town, the district or barangay, the street or road, the number of the house or
building. These questions are necessary in pinpointing the location of the crime, such
as:

1. Where was the crime discovered?

2. Where did the offense take place?

3. Where are the victims, witnesses, or culprits?

4. Where do the victims, witnesses, or culprits live? 5. Where was the suspect
when he was apprehended?

6. Where are the weapons or tools used in committing the crime?

7. Where did the investigator secure or obtain the evidence?

D. When questions: These are questions used to determine the time, day, month, and
year when the crime was committed. These questions should be specified and as
accurate as possible, such as:

1. When was the crime committed?

2. When was it discovered?

3. When was the police notified?

4. When was the victim last seen?

5. When was the suspect arrested?

E. Why questions: These are questions that endeavor to ascertain the motives,
causes, antecedents, previous, incidents, related facts, background occurrences that
might help explain the commission of the offense. Why questions are as follows:

1. Why did the offender do it?

2. Why did he kill his victim?

3. Why didn't he just let the victim go?

4. Why didn't the suspect surrender?

F. How questions: These are designed to help the investigator determine how the
crime was committed, the means or tools that were employed, how the the crime was
discovered, and how the culprit entered the building or room. How questions are very
significant in preparing the modus operandi file or report such as:

1. How did the suspect get near his/her victim?

2. How did he/she perform the crime?

3. How did the criminal get all the necessary information?

4. How did the criminal get away from the crime scene?

5. How was the crime scene search conducted? (Manwong, 2004).

What is the importance of the 5Ws and 1H in a criminal Investigation?

The following are the rationale of the importance of 5W's and 1H in criminal
investigation:

1. Aids the investigator in searching or investigating the crime scene or other places
which are possible sources of evidence.

2. Guides the investigator in formulating questions in interviewing the complainant,

witnesses, and other interested parties. Also, it can be used during the interrogation of a
suspect.

3. Assists the investigator and the desk officer in making brief statements of facts in the
logbook orpolice blotter and in the reports.

4. Helps the investigator in preparing the modus operandi report. Addressing the
question: How was the crime perpetrated?
5. Assists the investigator in furnishing a brief and concise criminal investigation report
(Manwong. 2004).

What is the Golden Rule in Criminal Investigation?

The golden rule in criminal investigation is:

"Never touch, alter, move, or transfer any object at the

crime scene unless it is properly marked, measured,
sketched, and/or photographed."

PHASES AND TOOLS OF INVESTIGATION

PHASES OF INVESTIGATION

1. Preliminary or initial investigation - The first exposure of the criminal offense to the
investigative process serves as the foundation for the case. A proper or a strong
foundation is a must or the entire investigation will be jeopardized. Usually, the first
police on the crime scene is a uniformed patrol officer. His duties are to provide aid to
the victim, secure the crime scene for later investigation, and begin documenting the
facts of the crime.

a. Offense determined The specific nature of the crime and its detailed
description must be transmitted as soon as possible.

b. Suspect arrested, if possible The outcome of preliminary investigation is

governed by the passage of time. The longer of the interval without arrest, the lower the
probability of success.

c. Crime scene protected = The first procedure in the investigation process is

the protection of the crime scene.

d. Victim and witnesses identified - This refers to anyone who can provide
information to aid the initial investigation. The officer focuses or prioritizes his attention
to the victim.. A basic interview is conducted with the victim, keeping in mind that the
victim will be interviewed again during in-depth investigation.

e. Basic statements be taken -

f. Crime scene processed -

2. Follow-up or in-depth investigation - This serves as a follow-up of the

preliminary or initial investigation. The in-depth inquiry begins with a general
reexamination of all facts, leads, and other types of information secured during the
preliminary investigation. The detective must ensure that the preliminary inquiry was
complete and attempt to answer the following questions:

a. Was the crime scene processed in a proper manner or method?

b. If the suspect was arrested, was the arrest legally competent or done?

c. Of all the physical evidence secured, which should be examined by the

crime laboratory. and what specific examination should be requested?

d. Are the identifying data concerning or pertaining to the victims and

witnesses, correct?

e. Has the preliminary officer been contacted about leads or areas of

inquiry which are not found or included in the formal preliminary report?

3. Final or concluding investigation The direct product of the previous two

stages. In this stage, investigating officer works closely with the prosecuting attorney as
the criminal case is being prepared for trial following this order:

a. Review the suspect's arrest to ascertain its legality.

b. Review all suspect's statements and admission as to their legality.

c. Review the process used in securing all relevant evidence.

d. Re-examine the legal requirements of victims, witness statements, and

identification of the suspect.

e. Review and compile all notes, reports, and documents that may be
used during the trial.

f. Review all information secured using informants and decide on is

possibility of use in the court.

g. Arrange for all necessary expert-witness testimony.

TOOLS IN CRIMINAL INVESTIGATION

1. Information

The acquired knowledge or data by the investigator from other persons and
records.

Classes of Information

a. Regular sources These includes records, government and non-government

agencies' files, and news items.

b. Cultivated sources These include information gathered by the investigator from

informants, vendors, taxicab driver, GRO, and others

c. Grapevine sources These include information obtained from underworld

characters such as prisoners and ex-convicts.

2. Interview and interrogation Interview

Is a purposive conversation, motivated by a desire to obtain information from the

person being interviewed based on what was done, seen, felt, heard, tasted, smelled, or
known. This is the art of questioning a person believed to possess knowledge that is of
official interest to the investigator.

Basic Assumptions

There is a basic assumption that "nobody should talk to law enforcers." Law does
not compel a person to talk to the police if it is against his will. Therefore people will
have to be persuaded or convinced, always within legal and ethical bounds, to talk to
law enforcers This makes interviewing an art.

Interview Format (I.R.O.N.I.C.)

The interview with a witness can be described using the acronym "IRONIC." This stands
for Identity, Rapport, Opening Statement, Narration, Inquiry, and Conclusion (Future
Criminologist, 2017):

1. Identity Prior to the commencement of an interview, the investigator should

identify or introduce himself or herself to the subject which includes his or her name,
rank, and agency. Except, when it is unnecessary to know or reveal the officer's identity.

2. Rapport It is necessary to create a pleasant and positive feeling between the

subject and the investigators. Such atmosphere is vital for effective, positive, and
smooth interaction.
 3. Opening Statement The investigator must always have an opening statement
to provide context to the conduct of the interview. The opening statement should include
the reason why the subject is being contracted.

4. Narration During the narration, the witness should be allowed to articulate his
or her knowledge with little or no interruption from the investigator.

5. Inquiry This involves asking questions to the subject after he or she has
narrated all the information he or she know. The questions are used to clarify certain
areas of the case under investigation.

6. Conclusions After the interview, it should be concluded with outmost courtesy.

The subject should be acknowledged for his or her cooperation.

RULES TO BE OBSERVED IN QUESTIONING

When questioning the subject/s, the following should be observed (Future

Criminologist, 2017):

a. Ask one question at a time.

b. Avoiding implied answer.

c. Simplify the questions. establishing fore endeavor.

d. Save faces.

e. Avoid using close-ended questions which requires a yes or no answer.

INTERROGATION

Interrogation - The act of questioning a person suspected of having committed an

offense or a person who is unwilling to fully disclose information in his possession which
is relevant to the investigation.

Deposition- The deposition refers to the witness's sworn out-of-court testimony. It is

used to gather relevant information as part of the discovery process. In some
circumstances, information gathered from deposition may be used in trial. The witness
being deposed is called the "deponent."

Confession- This is a self-incriminatory statement of a person by directly

acknowledging the truth of his or her guilt.

Admission- This is a self-incriminatory statement but falls short in the acknowledgment

or admission of guilt. Simply, it is the direct acknowledgment of facts.
What are the purposes of Interrogation?

a. To obtain confession to the crime;

b. To induce the suspect to make admission;

c. To learn the facts of the crime;

d. To learn the identity of the accomplice;

e. To develop information which will lead to the recovery of the fruits of the crime;
and

f. To discover the details of other crimes participated by the suspect.

Interrogation Techniques

The following techniques are used during interrogation (Future Criminologist,

2017):

1. Emotional Appeal

The subject should be in the proper frame of mind. The investigator should
provide emotional stimuli to prompt the subject to unburden himself or herself through
confession. Before the use of emotional stimuli, the investigator should analyze the
subject's personality to determine the effective motivation or stimuli that will prompt her
to confess. Then follow through with appropriate emotional appeals.

2. Sympathetic Appeal

The suspect who is in trouble will always fall for gestures of sympathy or
friendship. The offer of friendship may win his or her cooperation.

3. Kindness

The simplest technique is to assume that the suspect will confess if he is treated
kindly and in a friendly manner.

4. Extenuation

The investigator communicates or shows that he or she does not consider his or
her subject's indiscretion a grave offense.

5. Shifting the Blame

 The interrogator clarifies his belief about the subject, who is not the kind of
person who gets mixed up in a crime. At the start, the interrogator can tell he was not
dealing with a fellow who is a criminal by nature and choice.

6. Mutt and Jeff

Two (2) agents are employed in the interrogation.

Mutt, the relentless investigator, who is not going to waste any time because he knows
that the subject is guilty.

Jeff, on the other hand, is the kind-hearted man.