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CDI-1: FUNDAMENTALS OF INVESTIGATION AND

INTELLIGENCE
[Module]

Photo Source: EpiCentro Festival

ALBERTO S. NUGAL, MA Crim.


Assistant Professor –I

College of Arts and Sciences


BS Criminology

2020
2

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VISION
A provider of relevant and quality education to a
society where citizens are competent, skilled,
dignified and community- oriented.

MISSION
An academic institution providing technological,
professional, research and extension programs to
form principled men and women of competencies
and skills responsive to local and global
development needs.

QUALITY POLICY
Northwest Samar State University commits to
provide quality outcomes-based education,
research, extension and production through
continual improvement of all its programs, thereby
producing world class professionals.

CORE VALUES
Resilience. Integrity. Service. Excellence.

INSTITUTIONAL GRADUATE OUTCOMES


Creative and critical thinkers
Life-long learners
Effective communicators
Morally and socially upright individuals

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About the Instructor


Alberto S. Nugal is a graduate of BS Criminology in 1992 from Divine Word
University. In 2004, he earned his MA in Criminology from Philippine College of
Criminology.

His professional stint includes Instructor in Leyte colleges from 2004 to 2010;
Review Instructor of LQC Review Center (2004-2010); and Security Instructor in
dynamic Security Training Center (2008).

His went through rigorous professional trainings in “Questioned Documents”


in Baguio City in 2014; Fingerprints Identification in Bicol City in 2012; and Polygraph
from File Academy, Cebu City in 2008.

Currently, he is the Chairman of BS Criminology Program in Northwest Samar


State University. He is an Assistant Professor-I and teaching Law Enforcement
Administration and Criminalities.

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Table of Contents

Module 1 ................................................................................................................................... 9

Module 2 ................................................................................................................................. 12

Module 3 ................................................................................................................................. 15

Module 4 ................................................................................................................................. 18

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Rationale
This CDI-1 Course Module is developed by Alberto S. Nugal, MA Crim. for the
students’ preparation for professional Investigation and Intelligence. This will guide
the Instructor and students through their learning semester period. Students will
have the idea what will be the next activity or what activities will they have by next
meeting which he/she might consider for preparation in advance.
The Module can be used either by classroom interface or distance learning.
The Module’s Manuscript shows the topics and subtopics followed by Graded
Exercises. The students are required to look for the definitions, explanations,
functions, and lists of types and classifications from the official Textbooks and other
references---printed and/or online.

Course Code: CDI-1

Course Title: FUNDAMENTALS OF CRIMINAL INVESTIGATION AND


INTELLIGENCE

Course Description: The concepts, rules and processes with the goal of providing
practical tools to ensure successful investigative practices. Most importantly, this
course informs the students about the different approaches in investigative
processes using investigative thinking.

Course Outcomes:

At the end of the course, students will be able to:

1. Define the key terms used in studying criminal investigation and


intelligence operations
2. Understand the Concepts and Principles of Criminal Investigation;
3. Demonstrate the art and science of obtaining information;
4. Perform professional interrogation;
5. Use the methods of Instrumentation;
6. Understand the basics of Surveillance and Undercover Operations;
7. Discuss the aspects, doctrines and principles underlying intelligence
operation
8. Apply the concepts and principles of intelligence operation
9. Trace and Arrest the Criminals;
10. Understand the applicable Rules on Evidence and Criminal Procedure;
and the legal limitations investigating criminal cases and conducting
intelligence operation
11. Know the roles and functions of Scene of the Crime Operation

Course Content:

This course CDI-1 is intended for the students of Bachelor of Science in


Criminology. The table below shows the outline and descriptions of the topics
grouped into 4 Modules.

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MODULAR TOPIC COURSE DESCRIPTION No. of Hours


Lecture Practical
Module 1 - Concepts and Introduces the basics of 6
Principles of Criminal Criminal Investigation and
Investigation some terminologies. It
1. Key terms used in discusses the elements and
studying criminal essentials of Criminal
investigation and Investigation which will
intelligence equip the students for
operations professional investigator
career.
Module 2 - The art and This course prepares the 15
science of obtaining students to be
information; knowledgeable and skilful in
1. Professional gathering information.
interrogation;
2. Methods of
Instrumentation;
3. Information
Module 3- The Basics of This introduces the aspects, 12
Surveillance and doctrines and principles
Undercover Operations underlying surveillance and
1. Aspects, doctrines undercover operation.
and principles
underlying
surveillance
2. Concepts and
principles of
undercover
operation
Module 4 – The This course provides 5
Intelligence and the legal knowledge about the
limitations investigating Intelligence and introduces
criminal cases and the Legal Limitations of
conducting intelligence Investigating Criminal Cases
operation and Conducting Intelligence
1. Criminal Intelligence Operation.
2. Axioms of
Intelligence Analyst
3. Standards for
Intelligence Analyst
4. Legal Limitations of
Investigators and
Analysts
Total Number of Hours 38

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Course Requirements:
In general, the requirements of CDI-3 are as follows:
 Class Participation
 Class Report
 Portfolio Output
 Quizzes and
 Exams

Grading Criteria:
Requirement/Assessment
Percentage
Task
Portfolio Output 30%
Major Exams 30%
Quizzes 20%
Class Report 10%
Class Participation 10%
TOTAL 100%

Course Materials:
 Textbooks
 Visual Aids
 Videos
 Rubric Matrix for grading system
 Course Policy Manual

References:
Bermas, D.S. (2004). Handbook on criminal investigation in the Philippines:
fundamental and special crime. Manila: Central Book Store
Dempsey, J.S. (2003). Introduction to investigations. Belmont, CA:
Warsdworth/Thomson Learning
Garcia, R.M. (2004). The Art of Criminal Investigation & Detection. QC: Central
Professional Books Incorporated.
National Research Council. 2007. Engaging Privacy and Information Technology in a
Digital Age. Washington, DC: The National Academies Press.
https://doi.org/10.17226/11896.
Soriano, W.J. (2008). Fundamentals of criminal investigation: theories and
practices. QC: Great Books Publication
Tradio, C.M. (2003). Handbook of criminal investigation with criminal evidence.
Manila: Central Professional Books.
United Nations Office on Drugs and Crime. (2011). Criminal Intelligence Manual for
Analyst. NY

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MODULE I TRAINING PLAN

MODULE TITLE: Fundamentals of Criminal Investigation

MODULE DESCRIPTION: This module introduces the basics of Criminal


Investigation and some terminologies. It discusses the elements and essentials of
Criminal Investigation which will equip the students for professional investigator
career.

TARGET AUDIENCE : STUDENTS ENROLLED IN CDI- 1

Week : 1-2

VENUE : Designated Classroom / As appropriate

TIME ALLOTTED: Six (6) hours

ACTIVITIES: Reading Assignment (Home)


Student Report/Exercises
Classroom Discussion
Quiz

LEARNING AIDS : Textbook


Multi-Media Projector
Laptop /Computer
Projector Screen
Internet/Broadband Connection

STUDENTS’ REQUIREMENTS : Prescribed uniform (Tamang Bihis)


Paper, flash drive, ballpen, pencil

TRAINING REFERENCES :
Bermas, D.S. (2004). Handbook on criminal investigation in the
Philippines:fundamental and special crime. Manila: Central Book Store
Garcia, R.M. (2004). The Art of Criminal Investigation & Detection. QC: Central
Professional Books Incorporated.
Soriano, W.J. (2008). Fundamentals of criminal investigation: principles and
procedures. QC: Great Books Publication

TRAINING GOAL : This block of instruction will help the students understand the the
Fundamentals of Criminal Investigation and some terminologies.

MODULE OUTCOMES: The students are expected to learn the basics of Criminal
Investigation and Investigators.

MODULE REQUIREMENTS: At the end of this module, the students will come up
with a Topic Report Paper/Graded Exercises.

ASSESSMENT: The students will be evaluated through Objective and Essay Tests.

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MODULE I

MANUSCRIPT

MODULE TITLE: Fundamentals of Criminal Investigation

MODULE DESCRIPTION: This module introduces the basics of Criminal


Investigation and some terminologies. It discusses the elements and essentials of
Criminal Investigation which will equip the students for professional investigator
career.

Introduction

The term “investigation” came from the Latin word vestigium which means
"footprint, track." Joined with the prefix in-, the noun vestigium gave rise to the verb
investigare. This word means both "to track or trace by footprints" and "to study or
examine closely." Only the second meaning was kept when the verb was borrowed
into English as investigate (Wordcentral).
It is the act or process of examining a crime, problem, statement, etc. carefully
especially to discover the truth (Cambridge Dictionary).
Criminal Investigation is an investigation qualified and specified for the
purpose of studying or examining a crime.
Criminal Investigation refers to the art and science of collecting, processing
and analyzing information and facts associated with and for the purpose of the
following:
1. to identify the truthful offender/s
2. to locate the truthful location of the offender/s, and
3. to provide admissible evidence/s that determine guilt through court
proceedings.
Criminal Investigation starts with the things came first to investigators. It could
be the identity of the offender in case of offense is in flagrante delicto or has been
caught in the act then the evidence will be secured by the arresting officer.
Another instance which comes first could be identity of the offender in case of
offense is in flagrante delicto or has been caught in the act but the offender managed
to evade arrest. Then the evidence will be secured by the arresting officer and find
the offender’s location.
Another situation which comes first could be the evidence before the identity.
Upon arrival to the crime scene, the investigators look for the evidences associative
evidence, e.g. fingerprints, footprints or shoe impressions, etc.
Location of the offender may come first before the identity of the offender
most especially with commission of internet crimes.
Criminal Investigation is a complex process of gathering and analysing
information to establish the truth. This is a task for extraordinary persons.

A. THE CRIMINAL INVESTIGATOR

1. Qualities of Investigator
1.1. Perseverance
1.2. Endurance

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1.3. Incorruptible Honesty and Integrity


1.4. Flexible (stop acting. One of the reasons why police officer is not trusted.
Investigators must be honest and natural person).
1.5. Mastery of the Oral and Written Communication
1.6. The Keen Power of Observation and Description
1.7. Courageous
1.8. Working Knowledge of laws
1.9. The power to “read between the lines.”
1.10. Working knowledge of martial arts and firearms proficiency

B. 6 Goals of Criminal Investigation

C. 2 Kinds of Criminal Investigation

D. The 4 Phases of Criminal Investigation

E. Components of Criminal Investigation

F. Trichotomy of Criminal Investigation

G. Importance of Criminal Investigation

H. Forms of Investigation

I. Categories of Criminal Investigation according to John Dempsey

Graded Exercises: (handwritten is preferred).


1. Enumerate the Qualities of Investigator. Discuss each.
2. List the 6 Goals of Criminal Investigation. Explain each
3. What are the 2 Kinds of Criminal Investigation? Discuss each.
4. Discuss the 4 Phases of Criminal Investigation.
5. Discuss the Components of Criminal Investigation.
6. What is the Trichotomy of Criminal Investigation?
7. What are the Importance of Criminal Investigation
8. Enumerate the Forms of Investigation and discuss each.
9. What are the Categories of Criminal Investigation according to John
Dempsey? Explain each.
10. Keep your portfolio in an expanded envelop.

Prepare for Module 1 Quiz

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MODULE 2 TRAINING PLAN

MODULE TITLE: The Art and Science of Obtaining Information

MODULE DESCRIPTION: This module prepares the students to be knowledgeable


and skilful in gathering information.

TARGET AUDIENCE : STUDENTS ENROLLED IN CDI- 1

Week : 3-7

VENUE : Designated Classroom / As appropriate

TIME ALLOTTED : Fifteen (15) hours

ACTIVITIES: Reading Assignment (Home)


Student Report
Classroom Discussion

LEARNING AIDS : Textbooks


Multi-Media Projector
Laptop Computer
Projector Screen

STUDENTS’ REQUIREMENTS : Prescribed uniform (Tamang Bihis)


Paper, flash drive, ballpen, pencil

TRAINING REFERENCES :
Bermas, D.S. (2004). Handbook on criminal investigation in the Philippines:
fundamental and special crime. Manila: Central Book Store
Dempsey, J.S. (2003). Introduction to investigtions. Belmont, CA:
Warsdworth/Thomson Learning
Garcia, R.M. (2004). The Art of Criminal Investigation & Detection. QC: Central
Professional Books Incorporated.
Soriano, W.J. (2008). Fundamentals of criminal investigation: principles and
procedures. QC: Great Books Publication
Tradio, C.M. (2003). Handbook of criminal investigation with criminal evidence.
Manila: Central Professional Books.
TRAINING GOAL : This block of instruction will help the students understand the
historical background of land transportation.

MODULE OUTCOMES: The students are expected to learn the Manpower, Animal
power, and Wind Power; Wheeled Vehicles and Road History; and Evolution of
Motor Vehicles

MODULE REQUIREMENTS: At the end of this module, the students will come up
with a Report Paper.

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ASSESSMENT: The students will be evaluated through Objective and Essay Tests.

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MODULE 2
MANUSCRIPT

MODULE TITLE: The Art and Science of Obtaining Information

MODULE DESCRIPTION: This module prepares the students to be knowledgeable


and skilful in gathering information.

A. Basic Steps In Crime Scene Investigation

1. Recognition-
2. Collection -
3. Preservation -
4. Evaluation -
5. Presentation-

B. STARTING POINTS OF CRIMINAL INVESTIGATION


1. State the problem
2. Form hypotheses
3. Observe and experiment
4. Interpret data
5. Draw conclusions

C. THE SIX (6) CARDINAL POINTS OF INVESTIGATION


The 5 “Ws” and 1 “H” of Investigation.

D. The Golden Rule in Criminal Investigation

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

E. INFORMATION
It is the perception, knowledge and/or facts which the investigator have
gathered, solicited or acquired from persons, evidence or documents, which are
essentials to the establishment of truth about the commission of a crime or criminal
activity.

1. THREE (3) CLASSIFICATIONS OF SOURCES OF INFORMATION

2. 6 METHODS USED IN ACQUIRING INFORMATION


The methods of obtaining information include Elicitation, Casing, Surveillance,
Interview, and Interrogation.

2.1. ELICITATION
2.2. CASING
2.3. SURVEILLANCE (This is discussed in Module 3)
2.4. INTERVIEW

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The Golden Rule in Interview


“Never conduct or let anyone conduct an interview if the interviewer
has not gone to the crime scene.”

2.5. INTERROGATION
2.6. INSTRUMENTATION

Graded Exercises: (handwritten is preferred).


1. Enumerate the Basic Steps In Crime Scene Investigation. Discuss each.
2. What are the 5 Starting Points of Criminal Investigation. Explain each.
3. Essay. At least 5 sentences and maximum of 7 sentences. Explain the
Golden Rule of Criminal Investigation.
4. Define Information.
5. What are the three (3) Classifications of Sources of Information? Discuss
each.
6. Enumerate the 6 Methods of Obtaining Information. Discuss each.
7. Essay. At least 5 sentences and maximum of 7 sentences. Explain the
Golden Rule of Interview.
8. What are the different divisions of Forensic Science? Discuss each.
9. Keep your portfolio in an expanded envelop.

Prepare for Module 2 Quiz.

Prepare for Mid-term Exam.

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MODULE 3 TRAINING PLAN

MODULE TITLE: Basics of Surveillance and Undercover Operations

MODULE DESCRIPTION: This module introduces the aspects, doctrines and


principles underlying surveillance and undercover operation.

TARGET AUDIENCE : STUDENTS ENROLLED IN CDI- 4

Week : 8-13

VENUE : Designated Classroom / As appropriate

TIME ALLOTTED : Twelve (12) hours,

ACTIVITIES: Reading Assignment (Home)


Student Report
Classroom Discussion

LEARNING AIDS : Textbooks


Multi-Media Projector
Laptop Computer
Projector Screen

STUDENTS’ REQUIREMENTS : Prescribed uniform (Tamang Bihis)


Paper, flash drive, ballpen, pencil

TRAINING REFERENCES :
Bermas, D.S. (2004). Handbook on criminal investigation in the Philippines:
fundamental and special crime. Manila: Central Book Store
Dempsey, J.S. (2003). Introduction to investigtions. Belmont, CA:
Warsdworth/Thomson Learning
Garcia, R.M. (2004). The Art of Criminal Investigation & Detection. QC: Central
Professional Books Incorporated.
Soriano, W.J. (2008). Fundamentals of criminal investigation: principles and
procedures. QC: Great Books Publication
Tradio, C.M. (2003). Handbook of criminal investigation with criminal evidence.
Manila: Central Professional Books.

TRAINING GOAL : This block of instruction will help the students understand the
aspects, doctrines and principles underlying surveillance and undercover operation.

MODULE OUTCOMES: The students are expected (1) to learn the basics of
surveillance and undercover operations

MODULE REQUIREMENTS: At the end of this module, the students will come up
with a Topic Report Paper/Graded Exercises.
ASSESSMENT: The students will be evaluated through Objective and Essay Tests.

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MODULE 3
MANUSCIPT

MODULE TITLE: The Basics of Surveillance and Undercover Operations

MODULE DESCRIPTION: This module introduces the aspects, doctrines and


principles underlying surveillance and undercover operation.

SURVEILLANCE. It refers to the disguised observation of places, persons and


vehicles, for the purpose of obtaining information which concern the identities and/or
activities of the subject.

Criminal intelligence is information compiled, analyzed, and disseminated in an


effort to anticipate, prevent, or monitor criminal activity (DOJ, IACP). It is particularly
useful to deal with organized crime. Criminal intelligence is developed by
using surveillance, informants, interrogation, and research, or it may be just
picked up on the "street" by individual police officers.

A. Definitions of Terms
1. Pre-surveillance Conference
2. Stake-out
3. Tailing or Shadowing
4. Undercover man
5. Liaison Program
6. Safe house
7. Drop
8. Convoy
9. Decoy
10. Contact
11. Made
12. Lost
13. Rabbit (Hare)
14. Test for tailing

B. Types of Surveillance
C. Clandestine Operation – COVERT/DISCREET
D. Cover and Undercover
E. Informant and Informer

Graded Exercises: (handwritten is preferred).


1. Define the following:
1. Pre-surveillance Conference
2. Stake-out
3. Tailing or Shadowing
4. Undercover man
5. Liaison Program
6. Safe house

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7. Drop
8. Convoy
9. Decoy
10. Contact
11. Made
12. Lost
13. Rabbit (Hare)
14. Test for tailing

2. Enumerate and discuss each the different Types of Surveillance according


to the following:
2.1. Intensity and Sensitivity
2.2. Methods
2.3. Shadowing, Tailing or Roping
2.4. Fixed Surveillance
2.5. Foot Surveillance
3. Discuss the Surveillance by Observation.
4. What are the Basic Organizational Elements of Clandestine Operation?
Explain each.
5. What are the Classifications of Clandestine Agent? Give examples for
each.
6. What are the Four (4) Essentials Types of Cover? Discuss each.
7. Explain the Hazards to Cover.
8. What is Undercover Assignment?
9. What are the Types of Undercover Assignment?
10. What is the General Nature of Agent Handling?
11. What are the Basics and Key Elements of Agent Management?
12. Distinguish Informant from Informer.
13. Keep your portfolio in an expanded envelop.

Prepare for Module 3 Quiz.

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MODULE 4 TRAINING PLAN

MODULE TITLE: The Legal Limitations Investigating Criminal Cases and


Conducting Intelligence Operation

MODULE DESCRIPTION: The module discusses the Intelligence and introduces the
Legal Limitations of Investigating Criminal Cases and Conducting Intelligence
Operation.

TARGET AUDIENCE : STUDENTS ENROLLED IN CDI- 1

Week : 14-15

VENUE : Designated Classroom / As appropriate

TIME ALLOTTED : Five (5) hours

ACTIVITIES: Reading Assignment (Home)


Student Report
Classroom Discussion

LEARNING AIDS : Multi-Media Projector


Laptop Computer
Projector Screen

STUDENTS’ REQUIREMENTS : Prescribed uniform (Tamang Bihis)


Paper, flash drive, ballpen, pencil

TRAINING REFERENCES : United Nations Office on Drugs and Crime. (2011).


Criminal Intelligence Manual for Analyst.
National Research Council. 2007. Engaging Privacy and Information Technology in a
Digital Age. Washington, DC: The National Academies Press.
https://doi.org/10.17226/11896.

TRAINING GOAL : This block of instruction will help the students understand the
Intelligence and the Legal Limitations of Investigating Criminal Cases and
Conducting Intelligence Operation.

MODULE OUTCOMES: The students are expected (1) to learn the Intelligence and
(2). To distinguish surveillance from intelligence; and (3) to learn the Legal
Limitations of Investigating Criminal Cases and Conducting Intelligence Operation

MODULE REQUIREMENTS: At the end of this module, the students will come up
with a Topic Report Paper/Graded Exercises.

ASSESSMENT: The students will be evaluated through Objective and Essay Tests.

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MODULE 4
MANUSCRIPT

MODULE TITLE: The Intelligence and the Legal Limitations of Investigating


Criminal Cases and Conducting Intelligence Operation

MODULE DESCRIPTION: The module discusses the Intelligence and introduces the
Legal Limitations of Investigating Criminal Cases and Conducting Intelligence
Operation.

Introduction

What is “criminal intelligence”? To most people, including criminal


investigators, the term conjures up images of collator-style systems used to store
and retrieve the information we collect about crime and criminals. As the volume and
variety of the information we collect has expanded, we have gradually introduced
more and more complex systems to assist with its storage and retrieval. Viewed in
this limited context, the introduction of information technology (IT) has been a
notable success; the use of IT for the storage and retrieval of crime information is
now almost second nature to the operational criminal investigator, and there is no
doubt that without these tools, as a service we simply would not be able to cope with
the task of recording and collating criminal information. Collecting information in itself
does not result in obtaining intelligence. Information must be properly evaluated
before it can be acted upon. The value of criminal intelligence can be enhanced
further by analysis. When available intelligence is too complex and large in volume
for simple action, it must be analysed in order for meaningful results to be obtained.
Currently, insufficient use can be made of the information we collect on crime or
criminals to develop real “criminal intelligence”, either by intelligence units
themselves or by their customers, the operational criminal investigators. Even with
all the new systems for storage and easy access to criminal intelligence,
investigators can still fail to make real use of this invaluable resource other than as a
“ready reference” to the facts unless they properly evaluate this information and use
analysts to analyse the intelligence that this process produces (UNODC, 2011).

Criminal intelligence is information compiled, analyzed, and disseminated in an


effort to anticipate, prevent, or monitor criminal activity (DOJ, IACP). It is particularly
useful to deal with organized crime. Criminal intelligence is developed by
using surveillance, informants, interrogation, and research, or it may be just picked
up on the "street" by individual police officers.

A. AXIOMS FOR AN INTELLIGENCE ANALYST

1. Believe in your own professional judgment


You are the expert. Believe in your work and stand your ground if the
intelligence supports your position.

2. Be a risk taker

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Do not be afraid of being wrong when forecasting trends or events. Taking


risks is part of your job description. Only by taking risks you can maximize your value
to your agency. It is better to make a mistake than to do nothing at all If you are
wrong, and the facts call for it, admit it. Only those who don’t do anything make no
mistakes.

3. Avoid mirror imaging at all costs


Mirror imaging is projecting your thought process or value system onto
someone else. Your targets are criminals. Their mentality is completely different. You
must learn to think like they do.

4. Intelligence is of no value if it is not disseminated


Communicate the intelligence, conclusions and recommendations clearly and
effectively and in a timely manner. What your client does not know has no value.
When everyone agrees on an issue, something probably is wrong It is rare and not
natural for a group of people in the intelligence community to fully agree on anything.
If it does occur, it’s time to worry.

5. Your client does not care how much you know, tell them just what they
need to know
Excessive details merely obscure the important facts.

6. Form is never more important than the substance


A professional appearance and appropriately selected formats are important,
but they do not outweigh substance. Clients want to know what intelligence means,
and they want it when they need it.

7. Aggressively pursue collection of information that you need


Never settle for less than all you need. If you fail to get access to the vital data
source for any reason, you will be held responsible.

8. Do not take the editing process personally


If editorial changes do not alter the meaning of your message, accept them. If
they do, speak up. Even then, it might be that a brighter mind has seen what you
have missed. Believe in your product, but be self-critical.

9. Know your intelligence community counterparts and talk to them


You are not competitors; you are of the same breed. Become part of the
network. Do not pick up the phone only when you need something.

10. Do not take your job, or yourself, too seriously


Avoid burnout. Writing you off as an asset will be a net loss to your agency
(although it may not immediately see it exactly like this). The welfare of your family
and your health is more important than nailing down a criminal, or scaling another
rung on the career ladder. Your role in the larger order of things is not self-important.
Your commitment, perseverance and dedication to the job will bring results only over
a long term.

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B. TEN STANDARDS FOR ANALYSTS


1. Analysed data (i.e., intelligence) should be used to direct law enforcement
operations and investigations
2. Analysis should be an integral part of every major investigation the agency
pursues.
3. Analytical products should contain, as a minimum, a written report. Visual
products may also be presented, but are only acceptable as an addition to, rather
than in replacement of, a written report. 4. Analytical products should contain
conclusions and recommendations. These are presented to management for their
consideration regarding decision-making.
5. The development of an analytical product requires the application of thought to
data. Data compilation that does not reflect comparison or other considerations is not
analysis.
6. Analytical products must be accurate. Consumers must be able to rely on the data
provided to them by analysts.
7. Analysis must be produced in a timely manner.
8. Analytical products should reflect all relevant data available through whatever
sources and means available to the analyst.
9. Analyses should incorporate the best and most current computer programs,
compilation, visualization, and analytical techniques available in the analyst’s
environment.
10. Analyses should both reflect, and be evaluated upon, their qualitative and
quantitative contribution to the mission and priorities of the agency or organization
for which they are being produced.

The three most common writing mistakes:

1. The big build-up—the author builds the case slowly, saving the conclusions
for the end. The theory, presumably, is that this way, the conclusions will
appear more dramatic. Unfortunately, most readers will stop reading before
they get to the end.
2. The time line—somewhat similar to the above mistake, this approach aims to
tell a story in chronological order and therefore saves the most important—
and relevant— elements until the end. Typically, however, the reader is most
interested in recent events and loses patience.
3. The hard work—this approach is also known as “look how much I know on the
subject”. Typically, intelligence analysts collect a huge amount of information,
and often can’t bear to leave any of it out. The result is a long and mostly
unfocused product.

Content of a written report:

1. Cover with title As well as the title, the cover page is likely to include the analyst’s
name, unit and date that the report was written. Choose a suitable heading which
should immediately attract attention. Also if the document is restricted this should be
indicated.
2. Contents page. This will be necessary in most cases particularly where the whole
document has a large number of charts, appendices, etc.
3. Foreword/methodology. The foreword should be brief and contain details of the
type of analysis carried out, the methods used, the purpose of the analysis, the team

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for whom the analysis has been done and if relevant, details of the periods covered
by the analysis. In addition, this should include a key of any methods used to
highlight portions of text and a key of any symbols used to represent entities and
links in intelligence charts.
4. The summary or overview An expansion of the inference statement becomes the
report executive summary or overview. The summary should again be brief and
include an overview of the results based upon the hypotheses and conclusions, the
premises and recommendations.
5. The main report. The premises and the information from which they were derived
become the major sections of the report. Once again this should be kept brief and
should describe logically the structure of the analysis starting with the inference
stating the outcome of all the premises used. The premises are then described and
supported by the known relevant intelligence and small charts such as link charts
and financial profiles which become figures in the major sections of the report. It is
recommended that the attention of the reader is drawn to inferences and analysts
comments (such as the highlighting of intelligence gaps) by methods such as boxing
them using a different background colour to the text in each case. Photographs may
also be included in this section although care should taken that too many pictures
may hinder future e-mail dissemination of the report.
6. The conclusions/recommendations. The final section of the report can include a
repeat of the inference/selected inferences as conclusions and provide a listing and
rational for the recommendations which should be soundly based on the outcome of
the analysis.
7. The intelligence gaps In some intelligence reports it is extremely useful to list the
intelligence gaps together in one section, grouped according to the agency/country
which can act to fill the gap concerned. This enables the parties concerned to view
what is their responsibility to act upon and for the users of the report to initiate and
check progress regarding this process.
8. Appendices and index This final section is for the inclusion of any larger or
additional charts that show graphically the contents of the report.

C. THE LEGAL LIMITATIONS INVESTIGATING CRIMINAL CASES AND


CONDUCTING INTELLIGENCE OPERATION

Any modern society requires an effective and rational law enforcement


system. Gathering, storing, and analyzing extensive information are vital to the law
enforcement process, even though some information will also be gathered about
persons who are manifestly beyond suspicion.
Privacy concerns arise most clearly when law enforcement agencies gather
information about those who have broken no law and are not suspects, or when such
information is used for purposes other than the discovery or prosecution of criminals,
or when the very process of gathering the information or the knowledge that such
information is being gathered changes the behavior of those who are clearly
innocent and above reproach.
Classified is information collected by specifically tasked covert means
including use of human and technical (image and signals intelligence) resources.
Use of classified information can significantly enhance the quality of an analytical
product, as it is usually highly accurate; however, it can also make an analytical
product significantly less actionable due to restrictions on dissemination.

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Concerns about privacy invasions often involve the possibility that law
enforcement officials can cast an unduly broad net, or one that is seen as
discriminatory, as they gather information about persons in the absence of specific
reasons to suspect that these individuals have violated some particular law.
Even if the information is never used, the very fact that considerable amounts
of data have been collected about individuals who have not been accused or
convicted of a crime ensures that substantial amounts of information about non-
criminals will end up in the databases of law enforcement agencies. Moreover, with
such data a permanent part of their files, citizens may be concerned that this
information will eventually be misused or mistakenly released, even if they are not
suspects in any crime. They may even engage in self-censorship, and refrain from
expressing unpopular opinions. For individuals in this position, issues such as
recourse for police misbehavior or carelessness are thus very important.
Both communication and data storage technologies have long been of interest
and use to the law enforcement community. Being able to observe and overhear the
discussions of those suspected of breaking the law and to obtain records of criminal
activity has been an important means for gaining evidence—but has also created
inevitable threats to principles of privacy (NAP).

The Rights of the suspect/accused which the Criminal Investigators

1. Presumption of Innocence
Criminal proceedings which start from a presumption of guilt and put the onus
to prove one’s innocence on the accused are inherently unfair. It is not by accident
that virtually all enlightened judicial systems take the opposite approach, assuming
that, in Blackstone’s famous words, “it is better that ten guilty persons escape than
that one innocent suffer”. Today the presumption of innocence is explicitly
recognized not only by the Article 11 (1) of the Universal Declaration of
Human Rights but also by most constitutions and a plethora of international treaties.
While its results may at times be hard for the public to stomach any encroachment
upon this fundamental principle must be resisted (Englerth, N.d.).

2. Freedom from Self-Incrimination


In a fair judicial system no person must be forced to incriminate himself. This
principle, which is enshrined in many constitutions and human rights treaties, must
be understood broadly. Not only is it impermissible to torture the accused to obtain a
confession. Every kind of undue pressure exercised to obtain a statement from an
accused person who has expressed his will to remain silent must be deemed illegal.
The same holds true of other inacceptable methods (e.g. administering
of psychoactive substances) meant to induce the accused to testify against himself.
Law enforcement authorities should be obliged to inform the accused of his right to
remain silent upon first contact. It furthermore appears desirable that this right be
extended to close family of the accused, who should not be forced to choose
between their familial and their civic obligations (ibid.).

Right to Remain Silent


The accused has the right to remain silent in all the steps of the criminal
process, from an arrest by police until the end of the case. The accused is therefore
not required to testify to defend himself. He can simply remain silent (Éducaloi).

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3. Access to Counsel and Other Assistance


Every defendant must be allowed access to a lawyer of his choosing at every stage
of a criminal proceeding. Law enforcement failing to inform the accused of this right
or deliberately obstructing its exercise must face consequences while statements
obtained under such circumstances should be deemed inadmissible. If the accused
cannot afford to hire a lawyer legal aid must be granted to guarantee a fair
representation of his interests (op. cit.).

Graded Exercises: (handwritten is preferred).


1. Discuss Criminal Intelligence.
2. Distinguish Criminal Intelligence from Surveillance
3. Enumerate the 10 Axioms for an Intelligence Analyst. Discuss each.
4. What are the 10 Standards for Intelligence Analyst? Discuss each.
5. What are the legal limitations that must consider by investigators and
intelligence analyst? Discuss each and state the pros and cons.
6. Keep your portfolio in an expanded envelop.

Prepare for Module 4 Quiz.

Prepare for Final Exam.

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