Fundamentals of Criminal Investigation

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CRIMINOLOGY BOARD EXAM REVIEWER

Fundamentals of Criminal Investigation

Investigation ­ an inquiry, judicial or otherwise for the discovery and


collection of facts concerning the matters involved.
­ it is the process of inquiring, eliciting, soliciting
and getting vital information, facts, circumstances in order to establish
the truth.

Criminal Investigator ­ a public safety officer who is tasked to


conduct the investigation of all criminal cases as provided for and
embodied under the revised penal code, criminals laws and special
laws which are criminal in nature.
­ a well trained, disciplined and
experienced professional in the field of criminal investigation.

Custodial Investigation ­ investigation conducted by law


POWERED BY
enforcement officers after a person has been arrested or deprived of
his freedom of action.
Neighborhood Investigation ­ one of the most crucial steps in
kidnap for ransom cases which is often overlooked. The objective is to
identify and interview in person all individuals in the area where the
victim was kidnapped or last known sighting area during the window
of opportunity.(last time seen until the time discovered missing.

Crime scene ­ a venue or place where the alleged


crime/incident/event has been committed.

Corpus delicti ­ (latin for the body of the crime) ­ used to describe
the physical or material evidence that a crime has been committed.
ex. corpse of a murder victim.
Confession ­ is an express acknowledgement by the accused in a
criminal prosecution of the truth of his guilt as to the offense charge.

Admission ­ refers to statement of facts not directly constituting an


acknowledgement of guilt.

Organized criminal group ­ a structured group of three or more


persons existing

for a period of time and acting in concert with the aim of committing
one or more serious crime or offenses.

Organized crime ­ a combination of two or more persons who are


engaged in a criminal or virtual criminal activity on a continuing basis
for the purpose of profit or power using gangland style to attain their
purpose.

Physical evidence ­ evidenced addressed to the senses of the court


that are capable of being exhibited, examined or viewed by the court.
This includes but not limited to fingerprints, body fluid, explosives,
hazardous chemicals, soil/burned debris, bombs, electronic parts used
in the commission of the crime.

Victimology/victim profiling ­ a detailed account of the victims


lifestyle and personality, assist in determining the nature of the
disappearance, the risk level of the victim and the type of person who
could have committed the crime. Complete information regarding the
victims physical description, normal behavior patterns, the family
dynamics and known friends and acquintances should be obtained as
soon as possible.

Miranda vs. Arizona ­ Ernesto Miranda had confessed to rape and


kidnapping, after two hour interrogation. Because the interrogators
failed to inform Miranda of his right to counsel and remain silent, his
conviction was overturned.

Waterboarding ­ refers to the practice of strapping a suspect to a


board with his or her head lowered, then the face is covered and
water is poured over it causing the suspect to gag and experience the
sensation of drowning.

Chinese water torture ­ interrogation technique, repeatedly dripping


Chinese water torture ­ interrogation technique, repeatedly dripping
water on the forehead of the suspect. The goal is to drive the suspect
to near insanity thereby obtaining a confession.

Serial Killer ­ is someone who murders 3 or more people with


"cooling off" periods in between.

Police Blotter ­ is an 18" x 12" logbook with hard bound cover that
contains the daily register of all crime incident reports, official
summary of arrests and other significant events reported in a police
station. A separate police blotter shall be maintained for offenses
requiring confidentiality like violence against women and children and
those cases involving a child in conflict with the law to protect their
privacy pursuant to RA 9262 (anti violence against women and
children act of 2004) and RA 9344 ( juvenile justice and welfare act of
2006).

Actus Reus ­ proof that a criminal act has occurred.

Sketch ­ a rough drawing or painting, often made to assist in making


a more finished picture.

Types of Sketches
1. Floor plan (Birds Eye View)
2. Elevation Drawing
3. Exploded View
4. Respective Drawings

Allan Pinkerton ­ a Scottish american detective who created the


Pinkerton National Detective Agency, the first detective agency in the
US.Pinkerton foiled a plot to assassinate President Lincoln.

Rouges Gallery ­ is a police collection of pictures or photographs of


criminals and suspects kept for identification purposes.A compilation
of descriptions, methods of operation having places and names of
criminal and their associates.

Mugshot ­ is a photographic portrait taken after one is arrested.

Criminal investigation ­ it is the collection of facts in order to


accomplish the three fold aims:

3 Fold Aims Of Criminal Investigation


1. To identify the guilty party
2. To locate the guilty party
3. To provide evidence of his guilt

6 Cardinal points of investigation


1. What specific offense was committed
2. How the offense was committed
3. Who committed it
4. Where the offense was committed
5. When it was committed
6. Why it was committed

Tools of an investigator in gathering facts


1. Information ­ data gathered by an investigator and other
person including the victim himself and from:
1. public records
2. private records
3. modus operandi file
2. Interview ­ skillful questioning of witness and
suspects.
3. Instrumentation ­ scientific examination of real
evidence, application of instruments and
method of physical sciences in detecting crime.

Phases of investigations

1.Phase 1 ­ identify the suspect through:


1. confession
2. eyewitness testimony
3. circumstantial evidence
4. associate evidence
2. Phase 2 ­ locate and apprehend suspect.
3. Phase 3 ­ gather and provide evidence to
establish the guilt of the accused.

Composition/Organization of an investigation team:


1. Team leader
2. Investigator/recorder
3. Photographer
4. Evidence Custodian
5. Composite illustrator/Artist

Equipment of an Investigator
1. Police line
2. Video camera
3. Voice recorder
4. Camera
5. Measuring device
6. Gloves
7. Flashlight
8. Fingerprint kit
9. Evidence bag
10. Evidence tag
11. Evidence bottles/vials
12. Investigators tickler

Investigators Tickler
1. Investigators checklist
2. Anatomical diagram form
3. Evidence Checklist
4. Turn­over receipt

Standard Methods of Recording Investigative Data:


1. Photographs
2. Sketching crime scenes
3. Written notes (what you have seen/observed)
3. Written notes (what you have seen/observed)
4. Developing and lifting fingerprints found at the crime scene.
5. Gathering physical evidence
6. Plaster cast
7. Tape recording of sounds
8. Video tape recording of objects
9. Written statement of objects and witnesses.

2 Kinds of Information
1. Regular sources ­ ex. citizen, company records
2. Cultivated sources ­ ex. paid informant
Interrogation or questioning witness or suspect who is reluctant
to divulge or reveal information with the goal of extracting a
confession or obtaining information while an Interview is simple
questioning of a person who cooperate with the investigator.
How the Suspect is Identified
1. Confession or Admission ­ is a declaration of an
accused acknowledging his guilt.
2. Eyewitness testimony
3. Circumstantial evidence

How circumstantial Evidence Obtained


1. Motive
2. Opportunity
3. Associative Evidence

Types of Interview
1. Informal (on the scene interview) ­ conducted by
police/investigator at the crime scene to get
description of criminal if seen.
2. Formal ­ interview conducted by the investigator
assigned to the case.

Types of Formal Interview


1. Normal ­ for willing or cooperative witness.
2. Group/Pretext Interview ­ for hostile witness or
witness who refuse to cooperate.
3. Follow Up ­ additional interview in addition to vital
points if necessary.

Qualifications of Interviewer
1. Salesman
2. Actor
3. Psychologist

Requisites of an 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 a consideration except for busy
person.
2. Routine Criminal Cases ­ interview should be
carefully planned. Busy person can be interviewed
at night, privacy is important.
at night, privacy is important.
3. Important Criminal Cases ­ should be conducted in
places other than the subjects home/office to
prevent him/her feeling confident. Investigator
should get interviewees respect.
4. Appropriate Time ­ General rule ­ (ASAP) as soon
possible while facts are fresh in the memory of
interviewees.

Methods of Crime Scene Search


1. Strip method ­ the area is blocked out in the form
of a rectangle. The searchers (3 person is good)
proceed slowly at the same pace along paths
parallel to one side of the rectangle.
2. Double Strip Search Method ­ modification of the
strip search method. The rectangle is traversed
first parallel to the base then parallel to a side.
3. Spiral Search Method ­ The searchers (3 person is
good) follow each other along the path of a spiral
beginning on the outside and spiraling in towards
the center.
4. Zone Search Method ­ one searcher is assigned
to each subdivision of a quadrant and then each
quadrant is cut into another set of quadrants.
5. Wheel Search Method ­ the area is considered to
be approximately circular. The searchers gather at
the center and proceed outward along radii or
spokes. Procedure is repeated several times
depending on the size of the circle and the number
of searchers.

strip search method

double strip search method

spiral search method

zone search method

wheel search method

Related Readings: Fundamentals of Criminal Investigation


1. Fundamentals of Criminal Investigation Reviewer 1
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