Requirement For Download

Fundamentals of Criminal
Investigation
Mr. JASON A. DOMINGO
Resource Speaker
Definition: Criminal Investigation
 Criminal Investigation is an art which deals
with the identity and location of the offender
and provides evidence of his guilt in a
criminal proceeding
 Criminal investigation is not a science due on
account that an investigator would often use
his /her intuition in the solution of crime cases
regardless of rigid rules, regulations and laws
Objective of Criminal Investigation
 The primary job of an investigator is to
discover the truth of whether or not an offense
has been committed under the law
 To help absolve the innocent and punish the
guilty
The Criminal Investigator (CI)
 Is the person who is charged with the duty of
carrying on the objective of criminal
investigation which involves the following:
 Positive identification of the guilty party
 Gather evidence to prove their guilt
 Determination of their current whereabouts
 Provide evidence that is admissible in court that
will lead to the guilty party’s conviction before
the court
The Criminal Investigator (CI)
 Recover stolen property
 Testify as witness in court
Origins of Criminal Investigation
 Criminal investigation dates back to Roman
times, where established Roman cities,
provinces and colonies maintained a local
constabulary made up of retired soldiers
known as Vigiles who were tasked to maintain
peace and order within their immediate
community
The Six (6) Essential Questions
 Hans Groos, a German Magistrate during the
late 19th century is credited for creating the
guidelines of modern criminal investigation
which has influenced and guided criminal
investigators worldwide for more than one
hundred and thirty years (138 years)
 In Hans Groos book on Methods of Criminal
Investigation he outlined the six (6) essential
elements of a crime which a criminal
investigator must always consider and answer
beyond reasonable doubt in order to prove
either the guilt or innocence of a potential
crime suspect
 The 6 essential questions a CI must answer
during the course of a criminal investigation
are:
 How was the crime committed?
 Who or Whom committed the crime?
 Where was the crime committed?
 When was the crime committed?
 Why was the crime committed?
 What are the varied circumstances surrounding or
related to the crime?
Qualities of a good CI
 Perseverance – A CI must persevere in his
assigned task in spite of monotony and many
obstacles encountered during the investigation
 Intelligent – The capacity of a CI to think
through situations as well as acquire and
assimilate information concerning the varied
circumstances surrounding the crime
 Emphatic – The CI should have an
understanding of people and their environment
so as to enable him/her to prepare stratagem in
the correct means of seeking answers and
asking questions as well as prepare the type of
questions these people will accept, understand
and answer
 Honest – The CI must be incorruptible and
possess a personal integrity above reproach
 Power of observation and description– a CI
must have above average skills in observing
his/her environment with regards to people’s
reaction, observe the detail of the crime scene
and describe it, be able to note and remember
facts, estimate passage of time, etc. and be
able to write in his report everything he has
seen and heard
Tools of the CI
 The three (3) fundamental tools of a criminal
investigators in ferreting out the truth are:
 Information
 Interrogation
 Instrumentation
Information
 This is the sum total of knowledge which the
CI gathered and acquired from other persons,
research, technical results of facts related to
the crime
 The ability to secure information is the chief
asset of an investigator
Information
 The CI should have the following ability or
traits:
1. Tactfulness
2. A regular people person familiar with people
3. Good community relations
4. Good records keeping skill
5. Never overlooking potential leads or
information that could prove useful in the
case at hand
Information
 Kinds of Information
1. Information acquired from regular sources
such as conscientious and public spirited
citizens, public and private records, etc.
2. Information which the experienced
investigator gathers from cultivated sources
such as paid informants, contacts, former
criminals or even casual acquaintances
Interrogation
 Is defined as the controlled questioning of
witnesses and crime suspects in order to
obtain useful information
 Effectiveness of interrogation depends upon
the craft, logic and psychological insights of
the interrogator on information and questions
relevant to the case
Interrogation Vs. Interview
 Interview means the asking of simple
questions to a person who is fully cooperating
with the investigator, and willingly gives
truthful answers to the investigators query
 Interrogation is described as the vigorous and
controlled questioning of a person who is
reluctant to divulge information or seeks
means to evade it
Instrumentation
 Is the application of various methods of
instruments of physical sciences in
determining the existence of a crime, its
detection and development of investigative
leads that will help identify, apprehend and
prosecute the crime suspect in a court of law
 The various sciences involve is known as
Criminalistics
Instrumentation
 The use of instrumentation in criminal
investigation is essential, but a CI must never
become reliant on it
 Circumstance exists wherein physical
evidences may prove difficult to obtain, be
overlooked or detect in the scene of the crime
 The CI should therefore have a working
knowledge of the limitations of
instrumentations so as to be guided
accordingly during his/her investigation
Instrumentation
 Various uses of Criminalistics
 Supplies the missing links in a chain of
evidences
 Help strengthen a weak link in the chain of
evidences
 Help check the accuracy of statements made by
the (a) suspect and (b) by the material witnesses
Instrumentation
 Various uses of Criminalistics
 Helps clarify or clean-up doubtful points first
impressed upon the investigators during the
preliminary stages of the investigation which may
or may not be significant at a later stage
 Assist in the rapid clearing up of routine inquiries
allowing the CI to allocate more time and resources
to concentrate on more positive and fruitful leads
that will identify and lead to the apprehension and
prosecution of the crime suspect
The Three (3) Phases of Criminal
Investigation
 The three (3) phases of criminal investigation
are:
1. Identifying the crime suspect
2. Tracing and locating the crime suspect
3. Facts and evidences that will prove his/her
guilt before a court of law
Identifying the Crime Suspect
 CI utilizes four (4) basic investigative
methods in identifying crime suspects. These
methods are:
1. By eyewitness testimonies
2. By circumstantial evidence
3. By associative evidence
4. By confession of the crime suspect or fellow
felon
Interview of Witness
 In every criminal investigation a “gap” exist.
 Interview of possible witnesses bridges the
“gap”
 An interview can only be effective as the
person who conducts it, thus the necessity for
a criminal investigator to become proficient in
this type of information gathering
Importance of the Art of Interview
 A good amount of investigative work involves
the conduct of interviews
 Each interview that an investigator conducts,
leads him or her closer to the solution of a
particular crime
 Interview is an art, thus the necessity for an
investigator to either adopt or copy an
effective interview technique or develop one
that he can call his own
Types of Interview
 There are two general
types of interview,
these are:
 On-the-Scene Interview
 Formal Interview
Types of Interview
 On-the-Scene
Interview - is an
informal type of
interview, usually
conducted by the first
responding police
officer(s) at the scene
of the crime. This is
usually carried out for
the issuance of either
an APB or BOLO
Types of Interview
 Formal Interview –
normally conducted in
an office environment
under limited
controlled conditions
 There are 3 types of
formal interview and
this are classified as
follows:
Types of Interview
 Normal Interview –
utilized for cooperating
witnesses or suspect
persons who have been
persuaded to be state
witnesses
 Group Interview –
utilized for witnesses
known to be reluctant or
hostile and refuse to
cooperate in the
investigation
Types of Interview
 Follow-up interview –
carried out by criminal
investigators in cases
wherein additional
information or clarification
is needed from the
complainant, victim or
witnesses regarding the
crime
Interview (Formal)
 Golden rule of conducting interviews
 Always study first the background of the person
 Ask him or her regarding facts already known
 Mentally match the subject’s personality and
history with his or her answers
 Watch for changes in voice pitch, tone, body
language, etc.
Interview (Formal)
 Where, what and who should conduct
interviews
 Conduct the interview in a room with a certain
amount of privacy
 The surface of the table should be relatively bare
of any distracting objects
 The rest of the room should be free of any other
visual or aural distractions
Interview (Formal)
interviews
 One on one interaction is important
 Always discreetly record the interview
proceedings
 The interviewer should always establish a rapport
with the subject
 The interviewer must have a forceful yet genteel
personality
Interview (Formal)
interviews
 The interviewer must have some basic knowledge
of human behavior
 The interviewer must have a conversational voice
 The interviewer must have qualities of an actor,
salesman and psychologist
 The interviewer must be broad minded, a wide
reader and knowledgeable in various sports,
hobbies, etc.; lastly
Interview (Formal)
interviews
 The interviewer must be genuinely courteous,
sympathetic, and humble;
Interview (Formal)
 Conduct of Interviewer
 Must appear to be impartial
 Should not show any act of being uninterested on
subject
 Never use language that is loaded with negative
connotation
 Give the impression that the subject is being
given your undivided attention
 Never be confrontational
Interview (Formal)
 Rules in asking questions
 Ask one question at a time
 Never accept implied answers
 Ask only simple questions
 Do not ask embarrassing questions
 Avoid asking questions which could be answered
by a simple yes or no
Interview (Formal)
 Rules for effective observation and listening
 Always face speaker and maintain eye contact
 Focus your entire attention on subject and not
your surrounding
 Listen to the words and try to picture what the
speaker is saying
 Don’t interrupt and don’t give your personal
answer or opinion
Interview (Formal)
 Rules for effective observation and listening
 Wait for the speaker to pause before asking any
clarifying questions
 Never disrupt the speaker’s train of thought
 Give regular feedback
 Pay close attention to what the speaker is saying
Recording the interview
 Rule No. 1 – ALWAYS RECORD EVERY
INTERVIEW
 Rule No. 2 – EMPLOY ALL RECORDING
METHODS AVAILABLE
 How to record interviews:
 Short hand notes
 Audio and video recording
 Mental notes
Eyewitness Testimonies
 The CI will often encounter the first hand
eyewitness accounts of a number of witnesses
at times confusing, due to:
 The ordinary layman is not skilled in the art of
description by observation and consequently will
describe a wanted person with generalities
 Investigators will find it difficult to obtain a
definite picture or even to establish useful
peculiarities of the crime suspect
Eyewitness Testimonies
 The CI will often find themselves assisting the
eyewitness in describing the criminal step by step
either thru the assistance of a sketch artist or thru
access to their Rogue’s Gallery
Eyewitness Testimonies: Common
Errors and Outcome
 False positives at times occurs when the CI
inadvertently influences the recall memory of
eyewitnesses due to the CI’s forceful
personality
 The investigator should therefore avoid the
introduction of errors through suggestions
 Most ordinary people have poor memories
Eyewitness Testimonies: Kinds of
Criminals Identified by Witnesses
 Known fugitives – Commonly identified thru
their police records. Further description can
be obtained from relatives and friends of
suspect or verbal description of acquaintances
or neighbors
 Unknown criminals – Identification of
unknown criminals by eyewitnesses should be
approached with caution by CI. The
description is often vague and not
characteristic making identification difficult
Eyewitness Testimonies: Value and
Dependence
 Eyewitness testimony is often dependent on:
1. The ability of the eyewitness to observe and
remember the relative “distinctiveness” of
the accused appearance
2. The prevailing conditions of visibility and
observation
3. The lapse of time between the criminal event
and the identification
Eyewitness Testimonies: Methods of
Identification
 Verbal description – dependent on the
capacity of the witness to describe the
criminal
 Photographic files/Rogue’s Gallery – the
witness is given access to police records
wherein the photos of criminals charged or
arrested committing a particular type of crime
is on file
Identification
 Recall cues – The CI while guiding the
witness thru the rogue gallery, should give
helpful recall cues such as recalling the crime
suspects distinctive features such as his/her
eyes, nose, mouth, etc.
 General photograph – During the course of
the eyewitnesses viewing of the Rogue’s
Gallery, the CI should show to the witness the
variety of facial types which may or may not
represent the crime suspect
Identification
 Artist assistance – If the crime suspect is not
identified by the eyewitness as amongst those
on file with the police, the CI can then employ
the assistance of a sketch artist too whom the
eyewitness or victim can describe the
suspect’s features. The artist if provided with
enough data would then be able to depict to a
close approximation the criminals true
features.
Police Line-Up
 Police Line-Up aka Identification by
Witnesses of Person in Custody is the
methodology used wherein a probable suspect
who fits the general description of a suspect
apprehended by police on or near the crime
scene is made to line-up along with several
innocent person fitting his or her general
description. The eyewitness or victim will
hopefully correctly identify the crime suspect
amongst a sea of faces
Police Line-Up: Procedure
 A group of seven to ten (7-10) persons fitting
subject’s same general description in terms of
height, hair, color and clothing are selected
and sequestered along with the crime suspect
 When the group is called on to present
themselves, the crime suspect should be
allowed to pick his own place in the line-up
 The eyewitnesses must be briefed that
suspect is among the persons in the group
 The suspect at the same time should not be
made aware of any decision on the part of the
witness whether he was identified or not
 The line-up suspects will not be allowed to
talk unless otherwise directed by the police or
requested by the eyewitness / victim for
identification purposes
 The CI should consider before the beginning of
the line-up whether or not the suspects should
wear other pieces of clothing or accessories
such as hats, eyeglasses, have their hair dyed,
walk in a certain way etc. so as too lend more
sense of authenticity to the line-up
 If the eyewitness or victim desires the line-up
members to perform certain actions, he or she
should communicate this information with the
CI
 If there are more than one eyewitness, they
should be made to identify the crime suspect
separately and should not be allowed to
confer with one another until their individual
decisions have been made in the presence of
the CI
Basis of the Eyewitness in the
Identification Process
 Face
 Forehead
 Eyebrow
 Mustache
 Eyes
 Ears
 Cheeks
 Nose
 Mouths
Basis of the Eyewitness in the
Identification Process
 Face
 Lips
 Teeth
 Chin
 Jaw
 Neck
 Shoulder
 Waist
 Hands
 Fingers
Processing the Crime Scene
 Processing the Crime Scene or what is
popularly known as Crime Scene
Investigation (CSI) deals with the
preservation, identification, collection,
recording and analysis of items believe to be
evidence that will prove the commission of a
crime and hopefully lead to the identification
and eventual conviction of a crime suspect in
court
 The nine (9) golden rules to be observed by
the CI upon arriving at the scene of the crime
are:
 Identify and if possible, retain for questioning the
person who first notified the police
 Determine the perpetrator by direct inquiry or
observe him, if his identity have been established
 Detain all persons present at the scene of the
crime
 Summon assistance, if necessary
 Safeguard the area by issuing appropriate orders
and by physically isolating it
 Permit only authorized persons to enter the
immediate area of the crime scene
 Separate witnesses in order to obtain their
independent statements
 Do not disturb. Touch anything or move any
object in the crime scene
 Definitely assign the duties of the search if
assistants are present
 As a general rule, the first police officer
arriving at the crime scene will undertake the
following steps:
 Preserving the crime scene from either being
disturbed or contaminated
 An exception in disturbing the crime scene is
made if and when the responding police officer
discovers that the victim of a crime is still alive
and needs to be transported to the nearest hospital
for immediate medical treatment
 When transporting an injured victim to the
nearest hospital, a police officer should
accompany the victim in transit
 If the victim is found dead in the crime scene, the
body of the victim will only be removed after the
crime scene has been duly processed
 Assignment of duties in Crime Scene
Investigation (CSI) are as follows:
 Team Leader
 Photographer
 Sketch Artist/Preparer
 Evidence Recorder
 Team Leader Responsibilities are as follows;
 Ensure scene security
 Prepare the administrative log
 Conduct preliminary survey/walk-through
 Prepare narrative description
 Resolve problems on the ground
 Make final decisions
 Photographer – Photographs/Video record and
log evidence at the scene of the crime
 Sketch Artist/Preparer – Sketch and log crime
scene
 Evidence Recorder -Responsibilities are as
follows:
 Establish communication among the medical
examiner, laboratory personnel and prosecuting
attorneys so that questions arising during the
crime scene search can be resolved
 Coordinate agreements with all agencies in multi-
jurisdictional crime scene searches
 Accumulate evidence collection and packaging
materials and equipment
 Prepare the paperwork to document the search
 Provide protective clothing, communication,
lighting, shelter, transportation, equipment, food,
water, medical assistance and security for search
personnel
 Search Methods – involves procedures with
regard to the systematic search for evidence at
the scene of the crime. Actions to be taken by
the CSI/SOCO team before, during and after
the crime scene search will greatly affect the
outcome in effectively collecting, processing,
preserving and the analysis of the evidence at
hand in successfully prosecuting a crime
suspect
 Basic Procedures in Crime Scene Processing
are as follows:
 Establish a command post (CP) and immediately
request a briefing from the first responders at the
scene of the crime
 Establish CP ideally located adjacent to the scene
of the crime where the processing of evidence
can easily be received and processed by the
evidence custodian
 Initiate preliminary survey with the Team Leader
conducting a walk-through, taking of preliminary
survey notes and identifying possible evidences
to be collected
 Based on the preliminary survey, Team Leader is
to define the extent of the search area, determine
personnel and equipment needed and give
specific tasking-assignment to each CSI/SOCO
member
 Conduct a detailed search of the area for physical
evidence and utilize appropriate search methods
based on the location of the crime scene
 Document the crime scene by taking
photographic and video recordings. Observe
proper recording of items and measurements and
have items properly photographed. Supplement
the recording process by sketching the crime
scene
 In the collection of physical evidence, avoid
contamination. Wear basic protective gear such
as ball caps, safety glasses, surgical gloves and
booties as well as the utilization of specialized
surgical instrument in the collection of evidence
 Note the location of each piece of evidence.
Initial (tag) each piece of evidence before
securing (bag) it in a proper evidence container.
 Turn over with proper documentation the
collected evidences to the evidence custodian for
further documentation and proper safekeeping
 In cases where the evidences encountered needs
special processing, the SOCO specialist of the
Crime Laboratory shall be requested
 Before leaving the crime scene, conduct final
survey of the area to determine whether or not the
area has been properly sanitized
 Prepare narrative report in a detailed and
systematic approach for the immediate
consumption of your immediate superiors.
Collection and Handling of Evidence:
Search Methods
 Search Methods varies depending terrain and
environment. The various search methods are:
 Strip Method – The Team Leader will mark an
area in the form of a rectangle. At the end of the
rectangle, the searchers begins by turning and
proceeding back along new lanes but parallel to
the first movement.
Search Methods
 Double Strip or Grid Method – Similar to the
strip method but wherein the rectangle is
traversed first parallel to the base and the parallel
to the side. Preferred with sufficient manpower
resources
Search Methods
 Spiral Method – The searchers follow each other
in the path of a spiral beginning in the outside and
spiraling in towards the center. Preferred when
manpower resources are scarce
Search Methods
 Zone Method – The area to be searched is divided
into quadrants and each searcher is assigned to
one quadrant
Search Methods
 Wheel Method – The area being searched is
approximately circular or oval. The searcher
gathers at the center and proceed outward along a
radii or spokes
Instruments Used during Searches
 Searching Tools
 High Intensity Flashlight
 Magnifier
 Polylight
 Chemical reagent
 Portable mass spectrometer, etc.
Instruments Used during Searches
 Tools for the Collection of Evidences
 Cutting fliers, knife, screw driver, shear scalpel,
dropper, forceps, fingerprinting equipment
 Sketching Instruments
 Measuring devices- compass, steel tape, ruler
 Recording materials- Chalk, graphing paper,
sketching pad, clipboard, paper pad for note
taking, number tags
Preservation of Evidence
 Preservation of Evidences
 Containers – Bottles, envelopes, test tubes, pins,
thumb tacks, carton boxes, paper bags, plastic zip
bags, plastic box containers, etc.
 Label and seal evidence with tags, gummed
labels, sealing wax or grease pencil
Reminders
 Always remember to preserve the evidence in
proper containers and in such a manner as to
avoid breakage and contamination during transit
 The investigator must always maintain a copy of
the inventory of all evidence collected and
observe strict confidentiality of the same
 The investigator and evidence custodian must
strictly follow the principles of Chain of Custody
of Evidence
Reminders
 At the on site, the investigator should determine
which piece of evidence needs immediate
forensic examination and prepare the same for
proper transmittal and turn over to the crime
laboratory
 The investigator must conduct religious follow up
of the forensic examination.
Reminders
 Release or leave the crime scene only after the
final survey is completed for once the crime
scene has been released, reentry may require a
warrant. If necessary, the team should consult his
operatives and ask for their opinion if the crime
scene has been properly searched correctly and
completely
 Crime scene release documentation should
always include the time and date of release, to
whom released and by whom released
Reminders
 Ensure that the evidence is collected according to
legal requirements, documented and marked for
identification
 Only the Team Leader should release the crime
scene
Reminders
 As much as possible, only members of the
investigative and CSI/SOCO should be allowed
physical access into the crime scene. This is
necessary so as to enable the investigator and
CSI/SOCO to properly and efficiently process the
crime scene of all evidence and thus minimize
contamination or disturbance. Emphasis in
maintaining a secure perimeter and limiting the
number of persons entering the crime scene is one
of the most essential aspect in crime scene
investigation.
Break
Crime Scene Reconstruction
 Crime Scene Reconstruction is an
investigative tool wherein the CI through the
assistance of CSI/SOCO operatives and
technical experts, will try to reconstruct the
events which apparently transpired prior,
during and after the fact using the evidence
and eyewitness accounts processed and
recorded during the scene of the crime search
as primary reference
 Types of Crime Scene Reconstruction are:
 Physical reconstruction – The physical
appearance of the crime scene is reconstructed
from the description of witnesses and the
indication of the physical evidence
 Mental reconstruction – From the physical
reconstruction, some conclusions can be made
concerning the consistency of the accounts of
various witnesses.
 Auto CAD reconstruction – The utilization of a
special computer program using the Computer
Assisted Design module which when properly
and diligently programmed by a computer
programmer under strict police supervision, a
computer simulated animation can be constructed
featuring what transpired before, during and after
the crime was committed
Crime Scene Reconstruction: Example
Crime Scene Reconstruction: General
Rule
 General Rule of Crime Scene Reconstruction
 No assumption should be made concerning
actions which are not supported by evidences
 All the evidences, eyewitnesses testimony,
investigative procedures and results of
criminalistics examination and analysis, etc. must
support each other before a final conclusion is
made since the final theory developed by the CI
all coincide with the line of investigative action
taken
Circumstantial Evidence
 Circumstantial evidence identifies indirectly
the crime suspect by providing other facts or
circumstances from which either alone or in
connection with other facts, the alleged
perpetrator can be inferred or prove indirectly
was present at the scene of the crime
 Circumstantial evidence is sufficient to
convict a person in a court of law provided
that the following exist:
1. When there are more than one circumstances
2. When the facts from which inferences are
derived and proven; and
3. When the combination of all the
circumstances is such as to produce a
conviction beyond reasonable doubt
 Circumstantial Evidence relates to:
1. Motive – The reason as to why a person
commits a crime base on his desire to express
his/her hatred, need for revenge or personal
gain
2. Opportunity – This is the physical possibility
that the suspect could have committed the
crime and is usually deduced from:
 The suspect could have been in the immediate
vicinity of the crime scene
 Have knowledge of the criminal objective; and
 Absence of an airtight alibi
Associative Evidence
 Are defined as physical evidences which may
identify the criminal by means of clues,
personal properties or the characteristic
pattern of procedure deduced from the
arrangement of objects at the crime scene
Associative Evidence
 Types of associative evidence are:
1. Weapons
2. Tools
3. Fingerprint, strands of hair, skin, blood drops
4. Pieces of cloth or garments
5. Foot impressions
6. Signs of struggle
7. Others
Confession of Crime Suspect or Fellow
Felon
 Confession is defined as the positive and
direct acknowledgement of guilt by a person
regarding the event in relation to the
commission of a particular crime
 Confession is also defined as the expressed
acknowledgement by the accused in a
criminal case of the truth of his guilt as to the
crime charged against him
Confession Vs. Admission
 Confession is a declaration made at any time
by a person voluntarily, stating or
acknowledging that he is committed or have
participated in the commission of a crime
 Admission is usually implied in criminal
cases to statement of facts by the accused
which do not directly involve an
acknowledgment to commit the offense with
which he is charged
Rules to Observe in the Taking of
Confession
1. Oral confession of an accused indicating
complicity in the commission of a crime is
admissible as evidence. It need not be made
in writing, or if in writing, need not be signed
or made under oath. The fact that the
statement was not sworn to before any
officer authorized to administer oath does not
render the statement inadmissible or of no
probative value
Confession
 The confession when written, may be written
in a language which the accused does not
speak or understand, provided it has been
translated to him
 The confession must be freely and voluntarily
made by the accused. This means the accused
confessed out of his own free will and accord,
without inducement of any kind and is aware
of the nature and consequence of his actions.
Confession
 Requirements for confession as a proof of
guilt
1. It must be supported by other corroborative
evidence
2. Corpus delicti must be established separately
3. Confession must be voluntary
Tracing and Locating the Criminal
 In most circumstances, a criminal once
identified by the police is not actually hiding
due on account that he is usually unknown
making locating him in the first place difficult
 Most criminals because they live a certain
distance from the scene of the crime, usually
goes home in order to escape police. Once he
is recognized however, he is usually
apprehended in his place of residence
 Alternate places a criminal may hideout from
the law includes
1. Residence of nearest kin or distant relatives
2. Residence of close friends and associates
3. Girlfriends or ex-wife’s house
4. Gang hangout
5. Cheap motels
 Although a great number of criminals do flee
to distant and at times obscure places in order
to escape the law, most have an instinctive
tendency to eventually return to their place of
birth or old neighborhood once a certain
period of time transpires (a few weeks to even
years), which usually lead to their eventual
arrest by the police
Proving their Guilt
 This is the difficult phase in criminal
investigation. This means the gathering of
evidence or facts necessary to prove a crime
suspects/the accused guilt before a court of
law beyond reasonable doubt
Proving their Guilt
 Evidences necessary to prove guilt
 The fact of the existence of the crime must be
established
 The defendant must be identified and associated
with the crime scene
 Competent and credible witnesses must be
available
Proving their Guilt
 Evidences necessary to prove guilt
 Physical evidence must be identified
appropriately and the chain of its custody
established and its connection with the case
shown
 The whole must be presented in an orderly and
logical fashion
Corpus Delicti
 Means the body of the crime or the fact of
specific loss or injury sustained
 Corpus delicti is proven by showing the
following:
 There exists a certain state of fact which forms
the basis of the criminal act charged; and
 The existence of a criminal agency which caused
the state of fact to exist
Corpus Delicti
 That the state of fact should be (preferably)
established by direct and positive proof, but
circumstantial evidence will suffice if it is
particularly clear and cogent
Elements of the Offense
 The CI must know the elements of the crime
and the gathering of evidence must be focused
to prove all the elements involved. The
elements of the offense will consist of the
following:
 That the accused did or omitted to do the acts
alleged
 The circumstances are specified
 The identity of the accused must be established
and his connection with the act must be clearly
shown
Intent Vs. Motive
 Motive is that which induces the criminal to
act. The motive may be the desire to obtain
revenge or personal gain. Motive need not be
shown in order to obtain conviction
 Intent is the accomplishment of the act. Intent
must always be proved where it is an element
of the offense
Intent Vs. Motive
 In some cases/crime, intent is an essential
element, while in others it is merely necessary
to show that the accused is aware of the
consequences of his acts.
Modus Operandi
 Modus Operandi or MO means methods of
operation. M.O. are simply techniques and
methods needing little planning and effort to
execute on the grounds that it in itself are set
patterns of movement and thinking, making
the execution of a particular crime proceed
quickly and efficiently minimizing the amount
of detection and apprehension on the part of
the criminal elements involved.
Modus Operandi
 Familiarization of various criminal MO will
enable a CI to immediately recognize a
pattern of criminal behavior, associate a
person or group of criminals to a particular
crime and at times enable the law
enforcement officer to predict approximately
the next target of the suspect criminal, as well
as help direct victims and witnesses to the
appropriate police records for the suspect ID
Modus Operandi
 Police agencies as a rule, maintains extensive
records and files in such a way as to assist
victims and eyewitnesses in identifying not
only the perpetrators of the crime, but the type
of crime committed as well as track and note
if a series of related crime was being
committed by an unidentified criminal or
crime group
Modus Operandi
 Modus Operandi records was devised by
Major General Sir Llewellyn Atcherly
 The MO records proven thru the years as an
effective tool in the law enforcement agencies
arsenal, have since been accepted and adopted
by police agencies worldwide
Modus Operandi
 Modus Operandi is composed of several
aspect or components, namely:
 Property – refers to the nature of the property
stolen especially in cases involving robbery and
theft
 Description – refers to a physical description of
the criminal who may have been seen by
witnesses at or near the scene of the crime. Usual
comes in the form of a verbal description
Modus Operandi
 Observation at the Scene – The collation of data
obtained from the careful observation of objects
and substances at the scene of the crime as to
their state, taste or how they felt will contribute to
rendering a picture of what may have transpired.
The current state of things at the scene of the
crime are sources of important data in
reconstructing the crime
Modus Operandi
 Motive – Refers to the base reason of a crime
suspect as to what he or she will gain in
perpetrating the crime. This is usually related to
what type of crime was committed whether it
involves the theft of property, the murder or
assault of an individual or the sexual molestation
and exploitation of a person or a group of
individuals. This observation is particularly true
with regard to the crimes accomplished by
psychopaths.
Modus Operandi
 Time – Refers to the approximate period of time
as to when the crime probably occurred since the
moment of occurrence cannot be readily
established. Time is usually established by the CI
by using determinable limits
 Peculiarities – Often determined thru careful
evaluation of the evidence at hand. The CI will be
looking for distinct personal characteristics
belonging to the crime suspect that will reveal
themselves within the surroundings of the crime
scene.
Modus Operandi
 Observed Peculiarities – Refers to peculiarities
observed by surviving victims of a crime or by
chance observers or eyewitnesses who may have
unwittingly mentally noted certain clues in the
form of personal idiosyncrasies of the crime
suspect such as enunciation, dialect, diction,
physical disabilities, tattoos, etc., which they can
readily describe
Informants
 Informants are persons who gives/provide
information to the CI. An informant may give
information openly and offer themselves as
witnesses, or he may inform the investigator
surreptitiously and request to remain
anonymous
Information Provided by Informants
 Identity of Subject/s and criminal activity
 Organizational structure/network
 Modus Operandi
 Cell phone numbers of subjects
 E-mail of subjects
 Location/time of subject’s meetings
 Assets – property, money, etc.
 Other potential sources of information
Table of Organization, Kuratong Baleleng Group
as of October 2005
Reynaldo "Aldong" Parojinog
Chieftain/Titular Head
Kuratong Baleleng Group
Current Mayor of Ozamiz City
Cocoy Javier
Lawyer/Counsel of the
Kuratong Baleleng and Frontman
in KB legitimate business opns
Robert Ramos/Edla Oliver GRoup Socrates Aguilar Group Joedisil Siong Group The Ozamiz Boys Group
@ Kuratong Baleleng II
Bana Gang Bularon Gang Francisco Cenas Gang

Gang
Daroy Gang Ochagovia Gang Solid Gang Bronze Gang

Gang
Pagente The Dragon

Gang Squad or
Tata Atienza Gang
Types of Informants
 Anonymous Tipster
 Confidential Informant
 Cooperating Witness
 Cooperating Subject
 False Informant
 Frightened Informant
Types of Informants
 Self-aggrandizing Informant
 Mercenary Informant
 Woman Informant
 Legitimate Informant
 Double-crosser Informant
Unique Types of Informants
 Inmate
 Parolee
 Probationer
 Protected Witness
 Union Official
 Financial Institution Employee
 Elected Official
 Military Service Personnel
Unique Types of Informants
 Drug Treatment Counselor

 School Employee
 Minor
Investigation of Missing Persons
 Missing Person is defined as anyone reported
missing whether a minor or an adult or due to
their youth or advance age, physical condition
as well as mental state of mind may have
contributed to their unwarranted or
involuntary disappearance under mysterious
circumstances
Investigating Missing Persons
 The types of crimes usually associated with
Missing Persons are:
 Homicide or Murder –Usually involves the
elements of love, money and politics or all three
 Suicide – Usually motivated by personal financial
difficulties, domestic troubles or an incurable
disease
 Insurance Fraud or Stimulated Suicide – Involves
a fake suicide intended to defraud insurance
companies
 Extortion – The victim is usually a relative or
someone very close to the intended target who
maybe highly emotionally disturbed and therefore
ripe for exploitation by the extortionist
 Amnesia – A mental state wherein the victim
have significant loss of memory and knowledge
of his or her identity. Usually cause by traumatic
shock related to a certain event. Very rare in
terms of factual criminal investigation cases
 Psychosis – Refers to the deterioration of a
persons mental faculties accompanied by
defective memory, disorientation and confusion
causing a person to literally lose his/her way
 Abandonment – Refers to the unhappy state of
personal relationship of a person amongst his
parents, family, relatives or co-workers leading to
that person’s decision to voluntarily abandon
his/her life as they know it
Procedure in Investigating Missing
Persons
 Notification to authorities –The state wherein
the parents, partner, responsible guardians,
relatives, friends, etc. seeks police assistance
in determining the whereabouts of their
missing kin or associates. This involves the
giving of full description of the missing
individual to police and the distribution of
circulars with description and photograph of
the missing individual in public places
Persons
 Notification also involves the distribution of
the missing persons data to other police units
and law enforcement agencies as well as
inquiries to the various hospitals and funeral
parlors on or near the place where the missing
victim resided or was last seen
Persons
 Background Investigation (BI) – The CI
conducts the gathering of relevant information
about the missing person usually thru his/her
relatives and friends in order to establish or
debunk motives
Persons
 Information being sought by CI in conducting
BI often falls under the following categories:
 Domestic background
 Personal habits
 Business history
 Social or business associates
 Medical history
 Educational background &
 Family history
Questions?
TO PASS THE CRIMINOLOGY BOARD
WITH FLYING COLORS!
Good day and God
bless!

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Fundamentals of Criminal

Bana Gang Bularon Gang Francisco Cenas Gang

Daroy Gang Ochagovia Gang Solid Gang Bronze Gang

Pagente The Dragon

 Drug Treatment Counselor

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