Fundamentals of Criminal Investigation
Fundamentals of Criminal Investigation
Fundamentals of Criminal Investigation
Criminal
Investigation
ARVIN KIM A. ARNILLA, MA
Registered Criminologist
Professional Teacher
Flowchart of
Criminal
Investigation
Occurrence of
Crime
Criminal
Investigation
Information
Interrogation
Instrumentatio
n
Physical
Evidence
People and
Records
Objectives of
the
Investigation
Identify the
Offender
Locate the
Offender
Provide
Evidence of
Guilt
Tools of Criminal
Investigation
1. Information knowledge which the
investigator gathers from other person;
depends on intelligent selection of informative
sources
Two (2) Kinds of
Information
1. regular sources such as conscientious and
public spirited citizens, company records, and
files of other agenciesc
2. cultivated sources such as paid informant,
former criminals, acquaintances, divers,
2. Interrogation
skillful questioning of
witnesses and
suspect; varies with
craft, logic, and
psychological insight
with which the
investigator questions
a person who is in
possession of
information relevant
to the case
Interview vs.
interrogation
Interview simple
questioning of person who
has no personal reason to
withhold information and
expected to cooperate with
the investigator
Interrogation questioning of a suspect or
person who is normally expected to be
reluctant to divulge/ reveal/ give out
information concerning the offense under
1. Confession or
Admission
Confession is a declaration of an
accused acknowledging his guilt
of the offense charged, or of any
offense necessarily included
therein, may be given in evidence
against him.
Admission is a voluntary
concessions or
acknowledgement executed
by a party of the existence
of truth of certain facts.
2. Eyewitness
Testimony
Jessica Alfaro
Hubert Webb
3. Circumstantial
Evidence
3.1. Motive
3.2.
Opportunity
3.3. Associative Evidence (brought
about by Instrument)
Exampl
e:
by inserting his
penis into another
persons mouth, or
anal orifice
by inserting any
instrument or
object, into the
genital or anal
orifice of another
person
INTERVIEW OF
WITNESS
Definitio
n
Importa
nceconstitutes the major source of information for
most case under investigation
Types of Interview
Two (2) Major Types of
Interview
1. On the Scene Interview
(Informal)
Where: maybe conducted by police officer
on the crime scene
Purpose: obtain/ get description of the
criminal offender
Secure sufficient information to arrest the
criminal as rapidly as possible
2. Formal Interview
Person Involved: Investigator-on-Case/
Investigator Assigned to the case
Three (3) Type of Formal
Interview
a. Normal Interview for cooperative witness or those who
may be persuaded to cooperate
b. Group or Pretext Interview for witness known to be
reluctant or hostile, and for those who are believed to refuse or
cooperate in the investigation or those who may be persuaded
to cooperate
c. Follow up interview which is frequently necessary in many
cases because additional on vital points is necessary
Salesma
n
QUALIFICATION OF
INTERVIEWER
Actor
Psychologist
REQUISITES OF INTERVIEW
1. Establish
Rapport
2. Forcefulness of
personality
3. Breadth of Interest
SETTING OF INTERVIEW
1. Background
Interview
Time and place of interview are not really a consideration,
except for busy person
3. Important Criminal
Cases
Should be conducted in places other than the subjects
homes or office (to prevent him/ her feelings confident)
Investigator should control situation
INVESTIGATOR SHOULD GET INTERVIEWEES
RESPECT.
4. Appropriate Time
General Rule: should be conducted ASAP
BACKGROUND INTERVIEW
Information taken from Background Interview:
1.
2.
3.
4.
Personal information
Schools attended
Former employers
Reasons for leaving previous employer/
employment
3. Questioning: after the witness/ subject has told his story, the
investigator should review it with him and request him to amplify certain
points. Matters which have not been touched upon by the witness
should be treated, the elements of the offense and other points in the
case should guided the investigator in his questioning.
a. Guiding the conversation questions and answers should
fit an outline to avoid ramble.
b. Corroborating information obtained from one witness
should be correlated with that obtained from others.
c. Inaccuracies discrepancies, falsehoods, and
inaccuracies may become apparent during interview.
Questionable points should bee treated repeatedly by
rewording queries and by additional questions. Honest
mistakes should be distinguished from misrepresentations.
IMPORTANT
NOTE!
Interviewer the person asking
the question/s
Interviewee the person
responding/ answering the
question/s
Techniques in Controlling
Digression (Deviation)
1. Precise Questioning precision of question formula
Typical Classes of
Interviewees
1. Children
2. Young persons
3. Middle Aged Persons
4. Older Persons
Personalities of Interviewees
1. Know Nothing Type
2. Disinterested Type
3. Drunken Type
Interviewer:
Pagkatapos ninyong
uminom kabi-e, sin
dayon kamu nag adto?
Interviewee: Yu kold me
her to as your kwistions?
Shet! Shabat kot a
run, hik!
4. Suspicious Type
Basi
pwede
makabulig
pagsulbar
it
ngara?
kang
sa
kaso
5. Talkative Type
Ay
sir
abo
ta
ang
hasayran parte sa tawo
ngaron suma nagkaeapit
gid kami karon sa sueod
it 20 anyos. Tinakaw na
karon du manok ni lolo
anay
ngato
tag
nagpamalaaye imaw sa
anang asawang si Mary.
Haso guid a ron sir. Tao
baea sa animal ngato!
Imaw anay dun du most
behave sa among klase.
6. Honest Type
Unsa man guiingon niya sa
imuha?
Nga magsmile
murag Monalisa!
7. Deceitful Type
ANONG
GINAWA MO ?
Nagma-magic
ako sir! Hehe!
Pwede di
sabton Maam?
Huya ang!
Bisan mag
ueodlut ing sip-on
wa ka guid mabueo kang.
Rape
Murder
Homicide
Direct
Questioning
PROBABLE INDICATION OF
Interviewers Notebook
INTERROGATION OF SUSPECT
Refreshing
your memory!
What is INTERROGATION?
Approved:
April 27, 1992 by Pres.
Corazon C. Aquino
Fundamental Rules on
Interrogation
1. Investigator should
identify himself as law
enforcer with showing of
credential
2. Explain to the suspect in general terms the
nature of the offense under investigation
3. Inform the suspect of his wish to question
him on matters relating to the offense
Miranda Doctrine
cannot be waived except in writing and
must be signed in the presence of a legal
counsel
requires all law enforcers to issue to all
suspects once arrested and taken into
custody
Admission
vs.
Confession
Options and
Procedures in
Interrogation
SCENARIO
Sir, RA 7438
mandates that I
should be provided
with a lawyer of my
choice. I want Atty.
Fortun to handle my
case.
Yes sir?
Ano kat-ing
ngara? Makay
bawi- bawi kating!
O sige! I-note ko
lang nga ginbawi
mo du imong
waiver!
Sir, bawi-on ko
lang ang waiver!
Hay, ginabawi
kot a sir. Its my
right.
TYPES OF SUSPECTS
1. Willing suspect remorseful or
conscience stricken one who feels
anguish or distress cause by the sense of
guilt for the crime he or she has committed
THE CRIME
SCENE
Instrumentation
through Forensic
Science
Instrumentation is the
examination of minute
details of physical
evidence through
methods of forensic
science and the
application of laboratory
equipment.
Ballistics,
QD Examination,
Dactyloscopy,
Photograpy and
Polygraphy
Purposes of Criminalistics
1. To identify a substance, object or instrument
2. To establish a connection between crime scene
evidence and a known comparison obtained from a
suspect, thus linking the suspect to the crime science
or victim.
2. Forensic Serology
Study of BLOOD
3. Forensic Toxicology
Toxicology is the study of poison their
origins and properties, their identification by
chemical analysis, their action upon
humans and animal, and the treatment of
the conditions they produce
3. Forensic Odolotology
Forensic odontology is the study of
the teeth, dentures (false teeth), bite
marks for the following purpose
1. To connect a bite mark to a particular person