Tools of Criminal Investigation
Tools of Criminal Investigation
1. Module Title :
2. Introduction
This chapter will present the three tools of Criminal Investigation that necessary in
accomplishing the objectives of investigation and it include the study of gathering
information, conduct interview and interrogation, and the forensic science – the
instrumentation. It include also some of the demonstrative strategies in gathering
information.
3. Learning Outcome/Objective
At the end of the chapter, the student shall be able to;
CHAPTER 4
In criminal investigation, we have the so-called three tools or sometimes called as the I’s
of criminal investigation to include: Information, Interview and Interrogation and
Instrumentation.
INFORMATION
it is the knowledge or facts which the investigator had gathered or acquired from persons
or documents, which are pertinent or relevant concerning the commission of the crime or
criminal activities.
3. Report – involved in identifying what has been perceive, narrated, and identified.
2. TRACING IDENTIFICATION – this involves the use of all other information that maybe
indicative of the personal identity of an individual.
SOURCES OF INFORMATION
1. Government Records – Police files, NBI files, Bureau of Immigration files, COMELEC files,
files from the local jails and the National Bureau of Prisons and other government agencies.
2. Private Records – From private offices and business and non-government organizations.
3. Intercepted Messages – From telephones, cellular phones, radio telecommunications and other
means of communications.
4. Records of the Firearms and Explosive Unit concerning licensed holders of firearms and
authorized possessor of explosives.
5. Fire Busting – Tracing the chain of possession of a firearm, from the manufacturer, distributor,
seller and to the last processor and possessor. (Applicable in US, wherein This could be done
through the files of the FBI and other US police agencies.
6. Stored Data on Computers and Cellphones – Only experts must be employed to retrieve
these stored data.
a. When the computer is OFF at the time of arrival, do not turn it on.
b. When it is ON, do not turn it OFF nor touch its mouse or keyboard.
c. The unplugging of the computer whether it is ON or OFF should be done by pulling out
the cable directly from the back of the Central Processing Unit.
d. Each unplugged cable should be marked in the same marking corresponding to the socket
from where the cable was unplugged.
e. The computer should be carefully handled and packed for transport to the police station.
f. Only computer forensic expert should search for any information or evidence contained
in the hardware.
g. The expert should duplicate the computer and the evidence custodian for future court
presentation should keep the original. Search and analysis must be undertaken using the image
disk.
INTERVIEWis the simple questioning of a person who cooperates with the investigator. In
account of the interview, the witnesses voluntarily give their accounts about the commission of a
crime.
Cognitive Interview is a form or technique in the conduct of interview upon willing and
cooperative witnesses, where they are given the full opportunity to narrate their accounts without
intervention, interruption and interference from the interviewer. After the subject has finished
his narration, the investigator now subjects him to the style of direct examination and cross-
examination, to clarify the unexplained portions to arrive at a vivid and complete picture of the
testimony.
Question and Answer style of interview are also practiced by some investigators whereby after
each question by the investigator, the interviewee is required to answer on what he knows about
what is being asked.
“Never conduct or let anyone conduct an interview if the interviewer has not gone to the
crime scene.” The questioning should be in agreement with the facts and conditions at the crime
scene. The questioning will lead wayward for the interviewer who had not seen personally the
crime scene and he will not be in a position to distinguish half-truths, exaggerations of falsehood
from the answers of the person being interviewed.
QUALITIES OF A GOOD INTERVIEWER
a. Rapport – It is the relation between the interviewer and the interviewee, which is
conducive to a fruitful result.
b. Forceful Personality – The appearance of the interviewer and other qualities such as skills
of communication techniques or the force of his language are the mainstays of the strength of his
character.
e. Acting Qualities – He must possess the qualities of an actor, salesman and psychologist
and know how to use the power of persuasion.
f. Humility – He must be courteous, sympathetic and humble, ready to ask apologies for the
inconvenience of the interview.
a. Fear of Reprisal – witnesses who lack the courage to face the suspect, his associates or
relatives always entertain the fear of reprisal.
b. Great Inconvenience– On the part of those of hands-to-mouth existence there is this real
inconvenience, which will deprive them the time to earn for their living especially during the
ordeal of testifying during the trial.
c. Hatred Against the Police – This hatred maybe due to previous bad experience with rogue
members of the police organization.
d. Bias of the Witness – The witness maybe an acquaintance, friend, helper, or benefactor of
the suspect.
e. Avoidance of Publicity – There are witnesses who are shy and they shun publicity that
will bring discomfort to their ordinary or obscure way of living.
f. Family Restriction – Some famous and respected families preserve their reputations by
instilling to their members the need of the approval of their elders on matters affecting their
families.
1. The interviewer should identify himself and the agency to which he belongs.
2. He should try to size up the interviewee and reach to tentative conclusion about his type,
then use the best interview approach.
3. He should keep in mind the provisions of law regarding the rights of people under
custodial investigation.
a. Preparation/Planning– The investigator should review the facts at the crime scene and
information from other sources in order that he would be ready for the questioning. A
background data of the subject should be available so that he could adapt himself to the
kind of approach to be employed.
b. Approach – The investigator must carefully select his kind of approach, which maybe a
single kind, a combination of two or the application of all techniques.
d. Cognitive Interview – The subject now is asked to narrate his account without
interruption, intervention or interference. It is only after the completion of the uninterrupted
narration that the investigator begins his direct and cross-examinations.
a. One Question at a Time – Multiple, complex and legalistic questions should be avoided.
One question at a time is desired.
b. Avoid Implied Answers – The nod of the head or any other body language as a response
to the questions should be avoided. The answers must be oral, clear, explicit and responsive to
the questions.
Note: The interviewer should always leave the door open for a re-interview. Don’t forget to
say ‘’THANK YOU’’ after the interview.
c. The Drunken Type – The style of questioning by the investigator should be adapted to the
psychology of the subject. When the drunken subject has sobered, another interview will be
conducted, confronting him about his disclosures while in the state of drunkenness. The written
statement must be taken during his sobriety.
d. Talkative Type – These are witnesses who are prone to exaggerate, adding irrelevant or
new matters to their narration.
e. Honest Witnesses – These are the truthful and cooperative witnesses where the
investigator could rely upon, with little or no problem in handling them.
h. Refusal to Talk Witnesses – These are the most difficult subjects to deal with. Find out
the reasons of their personality. The cause maybe trauma, shock, fear, hatred, and others.
Remove these fetters of silence and they will start talking.
INTERROGATION
Interrogation is the vigorous and confrontational questioning of a reluctant suspect about his
participation in a crime. Is the process of obtaining an admission or confession from those
suspects which means that the suspect is confronted about his participation in the commission in
an [Link] the act or process of questioning somebody closely, often in an aggressive manner,
especially as part of an official investigation or trial
Goals of interrogation:
To gain all facts in order to determine the method of operation or modus operandi and the
circumstances of the crime in question.
KINDS OF CONFESSION
1. Extra Judicial Confession – Those made by the suspect during custodial investigation.
Simply explained are that those confessions are made outside of the Court.
Sec 3, Rule 133, Rules of Court – Extra judicial confession, not sufficient
ground for conviction: An extra judicial confession made by an accused, shall not be sufficient
ground for conviction, unless corroborated by evidence of corpus delicti (body of the crime.)
2. Judicial Confession – Those made by the accused in open Court. The plea of guilt maybe
during arraignment or any stage of the proceedings where the accused changes his plea of not
guilty to guilty.
Sec. 2, Rule 129, Rules of Court states that “Judicial Admission is made
by the party in the pleadings, or in the course of the trial or other proceedings do not require
proof and cannot be contradicted unless previously shown to have been made through palpable
mistake.”
a. Voluntary Extra-judicial Confession- The confession is voluntary when the accused speaks of
his free will and accord, without inducement of any kind, with a full and complete knowledge of
the nature and the consequence of the confession.
The same through as confession made under the influence of paternal sentiment is not
admissible as evidence.
Phases of interrogation;
a. Planning and preparation – this refers to the interrogator keep himself aware on the situation
and he must observe and analyze the interrogee without his knowledge.
b. Approach – in this step, the interrogator should keep in mind to gain rapport with the subject.
c. Questioning – this is considered the hearth of interrogation. Were all techniques could apply to
obtain information from the subject.
d. Termination – this refers to the ending of the interrogation process, and it should end in a
friendly manner.
e. Recording – this refers to place in document the result of the interrogation, in this process it is
advisable to tape record all conversation.
(3) Drama
(6) Reverse Line Up (Accused is alone and coached witnesses and victims are piled to
make accusations against the accused)
Jolting – In the questioning process, the investigator selects the right moment to shout a
pertinent question in an apparent righteous outrage. The suspect’s nerves will break to a
confession.
Opportunity to Lie – The suspect is given all the opportunities to lie. The suspect is
questioned about his personal life, family, friends and his knowledge about the complainant and
witnesses. Then the suspect is questioned about his activity prior, during and after the
commission of the crime.
stopping the first set of investigators. By being sympathetic and understanding, he begins his
interrogation. If the suspect still refuses to cooperate, then the process is repeated until there is a
confession.
a. Rationalization – It is the use of reasons, which is acceptable to the subject that led to the
commission of the crime. Thus, it maybe said that sometimes, killing is a necessity rather than
by purpose or design. Robbery maybe a necessity to feed a starving family.
b. Projection – It is the process of putting the blame to other persons, not alone to the
suspect. The murderer may blame the mastermind for corrupting him with big sums of money,
or the mastermind blaming the greediness of the victim or the husband blaming the wife for her
infidelity.
investigator convinces the suspect that a confession will reduce the offense and the penalty.
Thus, the investigator could study it if there is a way to downgrade murder to homicide or the
introduction of mitigating circumstances with the result of the penalty being within the range of
probation.
The following are signs of deception, which may help the investigator corner the subject, some
of which are:
a. Show-ups – where accused alone is brought face-to-face with the witness for
identification
b. Mug shots – where photographs are shown to the witness for identification
c. Line-ups – where a witness identifies the suspect from a group of persons lined up for the
purpose
Identification will be admissible if it passes the totality of circumstances test which
considers the following factors:
i. The witness’ opportunity to view the criminal at the time of the crime
ii. Witness’ degree of attention at that time
iii. Accuracy of any prior description by the witness
iv. The level of certainty demonstrated by the witness at the identification
v. Length of time between the crime and identification
vi. Suggestiveness of the identification procedure
INSTRUMENTATION
This is sometimes called Criminalistics. It is the process of applying instruments or tools of the
police sciences in criminal investigation and detection. This is the use of the Police Laboratory in
the examination of physical evidences.
INSTRUMENTATION
- It is the application of instruments and the laws of physical sciences in the investigation
and detection of crimes and criminals. This is otherwise known as CRIMINALISTICS.
Methods of Instrumentation:
In polygraphy, the SUBJECT refers to the person to be (or being) examined, usually a
suspected criminal. The subject is also called examinee.
The EXAMINER is the expert in polygraph science who uses polygraph instrument to verify
truthfulness of a subject’s statement or testimony. Other descriptions for the examiner
are polygraphist, forensic psychophysiologist (FP) and polygraph examiner (PE).
The REQUESTING PARTY refers to the person or persons who ask for the services of the
examiner to help verify the truthfulness of a subject’s statement or testimony. The
requesting party is usually the investigator of the case that requires the polygraph
examination.
POLYGRAPH TEST It is the actual test whereby the reactions of the subject on a specific
stimulus are being recorded using the polygraph instrument. is the specific part of the
polygraph examination that transpires from the moment the chart drive (kymograph) is
turned on until it is turned off.
PRE-TEST INTERVIEW is the first official stage of polygraph examination whereby the
subject is informed about the nature of the examination including his rights in relation to the
examination and conditioned to take the test. During pre-test interview, the subject is
conditioned for the next stage of examination known as instrumentation.
INSTRUMENTATION is the stage of polygraph examination whereby polygraph instrument
is actually used while asking questions to the subject. This is also known as the actual
test. It encompasses chart collection and chart analysis.
POST-TEST QUESTIONING refers to the questioning that concludes the examination, either
in the form of post-test interview or post-test interrogation.
2. Police Photography
Police Photography is the study of the general techniques of photographing the crime scene,
physical evidences, and other circumstances that can be used for law enforcement purposes.
It is a field that focuses on the practical application of photography in police work (law
enforcement operations).
Forensic Photography is that field covering the legal application of photography in criminal
jurisprudence and criminal investigation. It is that branch of forensic science, , dealing with
the:
1. Study of the fundamental but pragmatic principles of photography;
2. Application of photography in law enforcement; and
3. Preparation of photographic evidences needed by prosecutors and courts of law.
3. Forensic Medicine
Legal Medicine - is the branch of medicine which deals with the application of medical
knowledge to the purposes of law and justice.
Forensic Medicine - is a branch of medical science which deals with the application of
medical knowledge to elucidate legal problems.
Sketching
Description
Manikin Method
Kinds of Witnesses:
Expert Witness the opinion of the witness regarding a question of science, arts or
trade, where he is skilled therein, may be received in evidence.
Ordinary Witnesses- all persons who, having organs of sense, can perceive, the
perceiving can make known their perception to others, may be witnesses.
When an unknown body is found, the following should be noted by the investigator to
facilitate identification:
3. Caused of death
4. Time when death occurred
5. Approximate age
6. Supposed profession
Signs of Death
3. Cooling of the body (ALGOR MORTIS) – The fall of temperature of 14-20 degrees
Fahrenheit is considered as a certain signs of death.
4. Putrefaction or decay
AUTOPSY
Autopsy came from the Greek word autopsia, meaning "seeing with your own eyes."
The role of the forensic toxicologist is limited to matters that pertain to violations of
criminal law. This is the most difficult criminalistic procedure since it needs a great deal of
experience and a large amount of laboratory works to make the analysis.
5. Forensic Ballistics
WHAT IS BALLISTICS?
- is the science that deals with the study of the motion of the projectile or simply the
science of firearms identification.
- in its legal meaning, it is the microscopic examination of fired cartridge cases and
bullets together with the recording and presentation by means of photography or
what is revealed by the microscope.
1. Caliber – is a term used to indicate the bore diameter measured from land to land.
2. Gauge – as applied to shotgun indicates that the bore diameter of a lead ball whose weight
in pounds is equal to the reciprocal gauge index.
3. Bullet Recovery Box – is a device for catching test bullets fired from the suspected
firearms or weapons.
4. Photomicrographic Camera – a camera used by connecting the camera with the ocular of
the bullet comparison microscope for permanently recording the microscope image.
5. Pitch of rifling – is the distance that the rifling advances to make one complete turn.
6. Caliper – a measuring device used in the calibration of bullets and gun bores.
7. Choke – the constriction of a shotgun bore at the muzzle at various ranges or degrees
designed to control pellet charged at the target.
8. Chronograph – instruments which measure the velocity of projectiles.
9. Class Characteristics – those which are determinable prior to the manufacturer of the
firearm and are Bullet Comparison Microscope – is a microscope especially designed to
permit workers to determine points of similarity or difference between two objects by
observing their multi-magnified images simultaneously in a single microscope field.
10. Individual Characteristics – those which are determinable only after the manufacturer of
the firearms. They are characteristics whose existence is beyond the control of man and
which have random about by the tools in their normal in a firearms resulting through wear
and tear abuse mutilation, corrosion, erosion and other fortuitous causes.
11. Recoil – the equal and opposite reaction of the gun against the forward movement of the
bullet during explosion.
6. Dactyloscopy
SCIENCE OF FINGERPRINTS
is the most positive means of personal identification. It has been found out that
the intricate pattern on the fingers are permanent to individual and never undergo
a natural change., except in the size of the pattern during the life time of
individual.
Friction skin patterns/designs/ formations appear on the finger tips, palms of the
hands and soles of the feet five (5) months before birth to DEATH.
FINGERPRINTS probability of an individual to have the same fingerprint is 1:64
billion.
DEFINITION OF FINGERPRINTS
As an IMPRESSION:
It is the reproduction of pattern or design formed by the ridges on smooth surface of the
end joint by the fingers or thumb, through the medium of ink or any coloring substance capable
of producing visibility.
As a SCIENCE:
It is the identification of person by means of the ridges appearing on the fingers, on the
palms and on the soles of the feet.
NATURE OF FINGERPRINT AND PRINCIPLES
1. PRINCIPLES OF CONSTANCY – Fingerprint ridges are formed during the third to fourth
or sometimes fifth month of fetal development. These ridges consist of individual characteristics
called ridge endings, bifurcations, dots ad many ridge shape variances.
This principles was proven by Sir William James Herschel whose fingerprint
had been recorded in the span of almost 57 years in a different event and age of his life.
3. Principles of Infallibility
Is any material which contain marks, symbols or signs either visible, partially visible
or invisible that may presently or ultimately convey a meaning or message to someone.
Pencil or ink writing, typewriting or printing on paper is its most usual form.
QUESTIONED DOCUMENT
- Any document about which some issue has been raised or under scrutiny, with respect
to its genuineness and its origin.
Holographic Document refers to any document completely signed and written by one person.
Graphology refers to the study of handwriting to determine one personality trait. This is not part
of handwriting analysis and is not considered a science.
Albert S. Osborn, considered as the “Father of Questioned Documents” published his work
Questioned Documents in 1910. In 1935, the Lindbergh baby kidnapping case, State vs.
Hauptmann Osborn proved in court as an expert witness that the accused Bruno Richard
Hauptmann had written all of the ransom notes found or sent after the abduction of the son of
Charles A. Lindbergh leading to the conviction of the accused.
1. Disputed documents should not be cut , torn in any manner mutilated in the slightest degree.
2. Documents should not be touched with an eraser or any kind, nor with pen , pencil, or sharp
instrument of any character.
5. Except by special permission, no chemicals should applied to papers in any manner that will
injure deface them, and test of this kind should be made only by those properly qualified to make
them.
Remote (asynchronous)
- Face-to-face(if permitted)
7. Assessment Task
- Quiz and recitation
- Rubrics for demonstration and reporting
8. References (preferably copyrighted within the last 5 years)
Sumad-on, DT. 2020. Fundamentals of investigation and intelligence. Wiseman book
trading, Inc. Quezon City
Bajita, J., Bayag-o, R., and Gapit, M., 2014. Criminology Memory Aid in Crime
Detection & Investigation.
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