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CRIME
MEANS used/to be used to act
Modes of Investigation
REACTIVE MODE
- addresses crimes that already happened
or occurred.
PROACTIVE MODE
- Identifies and arrests suspects before
crime will happen.
ELEMENTS OF CRIMINAL INVESTIGATION
1. Recognition
- Identifying data significant to the case.
2. Collection
- Gathering the identified data or facts
3.Preservation
- Keeping the collected pieces of evidence in their
true and original form, uncontaminated and prevent loss
of their substantive value.
4. Evaluation
- Determining the probative value of the evidence
5. Presentation
- Presenting facts and information about the
validity and truthfulness of evidence
Criminal Investigation
- refers to a collection of methods by which
crimes are studied and criminals arrested.
Through:
a. Identification by Confession or Admission by the
Offender Himself
Confession Admission
An expressed Any act, assertion, or
acknowledgement by the statement made by a party to an
accused in a criminal case of the action that is offered as evidence
truth of his guilt as to the crime against that party by the
charged, or of some essential opponent
thereof
Through:
a. Identification by Confession or Admission by the
Offender Himself
b. Identification by Eyewitness testimony
Accuracy identification by eye witness accounts
would depend on the following factors:
1. The ability of the witness to remember the distinct
appearance of the suspect
2. The prevailing conditions of observation and the
visibility when the crime is committed
3. The lapse of time between the crime commission and
the identification process
Three Methods by Witness Identification:
Through:
a.Identification by Confession or Admission
by the Offender Himself
b. Identification by Eyewitness testimony
c. Identification by Evidence
Circumstantial Evidence
• Opportunity
- refers to the physical possibility, likelihood or chance
that the suspect has committed the crime
- it may inferred from the following:
a. suspect within the vicinity of the crime scene at
the time of its commission;
b. awareness of the criminal objective; and
c. absence of an alibi or excuse on the part of the
suspect
• Intent
- purpose to use a particular means to effect a result
- presumed from the commission of an unlawful act
- assumes the exercise of freedom and the used of
intelligence
Associative Evidence
• originates from contact between:
1. people
2. objects
3. people and objects
Through:
a.Identification by Confession or Admission
by the Offender Himself
b. Identification by Eyewitness testimony
c. Identification by Evidence
d. Identification by Modus Operandi
Modus Operandi
devised by Major General Lewely
Atcherly it operates in the theory “That it is
human nature that personal habits and
mannerism do not change easily by remains
with the individual for years”.
Thru:
1. Informants
• Ordinary • Voluntary
• Mercenary • False
• Rival Elimination • Self-Aggrandizing
• Double Crosser • Frightened
Phase 2. Locate the Offender
Thru:
1. Informants
2. Surveillance
-a disguised or secret observation of
places, persons and vehicles for the purpose of
obtaining information concerning the
movement, identity and activities of known
criminals and their associates
SURVEILLANCE
• Surveillance involves covert (discreet, disguised,
secret, clandestine) observation of persons, places,
and things for the purpose of obtaining information
concerning the identities and/ or activities of
suspected criminals.
• A surveillant refers to a person who maintains the
secret observation over a subject which is either in the
form of person, place or thing.
Phase 2. Locate the Offender
Thru:
1. Informants
2. Surveillance
3. Undercover Operations
SCOPE OF UNDERCOVER OPERATION
The microscopic crime scenes are the trace evidence on the body,
the gunshot residue around the wound, and the tire tread marks in
the ground next to the body.
Methods of Crime Scene Search
a. Information
b. Information from cultivated sources
c. Information from regular sources
d. Confidential information
These are information coming from the underworld
people such as criminals, prisoners or ex convicts.
a. Classified
b. Grapevine
c. Cultivated
d. Regular
a. 6 W‘s and 1H
b. 5 W‘s and 1H
c. 3 W‘s and 2H
d. 4 W‘s and 1H
Six Cardinal Points of Investigation
a. Interview
b. Information
c. Interrogation
d. Persuasion
2. INTERROGATION/INTERVIEW
Interrogation
Skillful questioning of hostile witnesses and suspects.
Friendly Approach
Sympathetic Approach
Anxiety Approach
2. INTERROGATION
Skillful questioning of hostile witnesses and suspects.
Exaggerating Fear
Line Up Method
Cognitive Interview
-conducted for willing witnesses, where they
are given the opportunity to narrate their accounts
without intervention, interruption, and interference
from the interviewer.
• Deceitful Type
They tend to tell lies during conduct of the interview.
Approach: Allow them to talk freely to establish falsehood.
• Disinterested Type
They are indifferent, apathetic and unresponsive.
Approach: they should be stimulated make them aware that
they are important to solve the case
Classification of Subjects:
• Honest Type
-Those who are cooperative and useful witnesses.
-most helpful
• Know-nothing Type
They are reluctant and unwilling to serve as witnesses.
Approach: intensive but warm and persistent
questioning be employed.
• Talkative Type
They tend to dominate the interview.
Approach: Direct or shift their energy toward facts
and matters useful to the case.
Classification of Subjects:
• Timid Type
They are apprehensive, shy and fearful to give
information.
Approach: Impart to them the confidentiality of their
identity and will be protected by law.
• Suspicious Type
They are dominated by fear and worry.
Approach: Use psychological pressure to develop in
their mind that non-cooperation would be
disadvantageous to them and would get them into
trouble with the police authorities.
3. INSTRUMENTATION
a. physical evidence
c. tracing evidence
b. circumstantial evidence
d. associative evidence
Evidence
-means, sanctioned by law , of ascertaining
in a judicial proceeding the truth respecting a
matter of fact.
- any material which tends to persuade the
court of the truth or probability of some facts
asserted before it.
Types of Evidence In CI
1. Physical Evidence(Object/Autoptic/Real)
2. Testimonial Evidence
3. Documentary Evidence
Legal Classification of Evidence
2.Circumstantial Evidence
b. Degree of its Value
1.Primary or Best
– greatest certainty of the fact in
question
2.Secondary or Substitutionary
– inferior to Primary Evidence and
admissible only in the absence of the latter.
d. Depending on its Nature
Fingerprint Impressions
Seminal Fluid
Paint
Photography - Documentation
•Environmental Photograph
•Overall Photograph
•Photograph of the Body
•Photograph of Evidences
•Photograph of the search and
collection of evidence
Kinds of Photograph at the Crime Scene
Kinds of Reconstruction:
Physical Reconstruction:
The physical appearance of the crime scene is
reconstruction from the description of witnesses and the
indication of the physical evidence.
Mental Reconstruction:
Theorized and developed by the investigator based
on the accounts of witnesses.
RECONSTRUCTING THE CRIME
Approaches:
1. Deductive Approach: This approach entails
immediate assumption of a theory followed by
collection of factors or information to prove or
disapprove the initial theory.
RECOGNITION
Scene Survey
IDENTIFICATION
INDIVIDUALIZATION
Comparison and Evaluation
RECONSTRUCTION
A. Pattern
B. Lead
C. Theory
D. Tip
• PATTERN
-Refers to a series of similarities that
may link particular cases or indicate that the
same person is committing a series of crimes.
Pattern could include time of day, day of the
week, description of the subjects, MO, type
of weapon being used, type of victim,
location and other variables
• TIPS
-Specifically refer to leads
provided by citizens that aid in the
progress of an investigation.
Generally, tips involved the identity
of the suspect.
• THEORIES
-are beliefs regarding the case based on the
evidence, patterns, leads, tips, and other
information developed or uncovered in a case.
Theories are important because they direct the
investigation. Detectives have to be very careful
in building theories about a case, because if the
theory is wrong, it may lead them in the wrong
direction.
• LEADS
-are clues or pieces of information that aid
in the progress of an investigation. Leads can be
physically evidence of information received by
witnesses or other persons of through
surveillances, undercover investigations, and
record searches. A lead is anything that can assist
an investigator in resolving an investigation.
Duties of the First Responder
a. Cordon the area and wait for the SOCO Team to arrive.
b. Ask the desk officer to proceed to the crime scene and
assist him with the situation.
c. Call the investigator and inquire about his decision
concerning the victim.
d. Evacuate the victim and bring him to the nearest
hospital
In-charged with carrying the task
to accomplished the three-aim fold of
investigation.
a. Investigators
b. Prima Facie
c. Criminal investigation
d. Crime Lab
Duties and responsibilities of the Investigating Team
b. Composition:
1. Team Leader
2. Investigator/Recorder
3. Photographer
4. Evidence Custodian
5. Composite Illustrator/Artist
During a custodial investigation,
Jayson was subjected to physical harm
by continuously kicking and punching
him in the stomach so that the same
may confess.
a. Coercion
b. Physical torture
c. Duress
d. Verbal threats
CUSTODIAL INVESTIGATION
119
UC-CCJE REVIEW CENTER 8/28/2019
What is Arrest???
-Is the actual restraint of the person
to be arrested or y his submission to the
custody of the person making the arrest.
-Should be made only on the basis of
a valid warrant of Arrest.
-served on any day at any time of the
Exemption:
day or night Citizen’s Arrest /
Warrantless
-executed Arrest
within ten (10) days from
receipt of order
ART. 125
Periods of Delivering an arrested person to proper
authority:
YES!
Thru:
• Inevitable-Discovery Doctrine
• Good-Faith Doctrine/LEON
TYPES OF SEARCH
• WALL SEARCH
The initial purpose of using the search is to
place the support in an ‘off-balanced position’.
This is the safest type of search. It does not
necessarily require a wall. Any object that can
support the weight of the suspect (such as a car)
can be used.
• STANDING SEARCH
Instruct the suspect to raise his hand
above or behind his head with his feet
speared apart as far as possible. In some
situations, this is not recommended because
some suspects could still maintain their
balance.
• KNEELING SEARCH
Require the suspect to kneel on the
ground with hands raise over or behind his
head. Note that some suspects could still
make counter actions against the arresting
officer even if they are assuming
• PRONE SEARCH
The suspect in this search lies on his
stomach with arms and legs outstretched.
One disadvantages of this search is that
suspect’s frontal areas cannot be searched
properly. This type of search can be
dangerous if the subject has knowledge of
judo.
Jurisdictional Investigation
a. chain of command
b. evidence tracking
c. chain of custody
d. tracing evidence
Chain of Custody
a. JONATHAN WILD
b. HENRY FIELDING
c. SIR ROBERT PEEL
d. ALLAN PINKERTON
Which of the foregoing will save
the investigator from ssubsequent
allegations of tampering, theft, planting
and contamination of evidence?
A. Walk through
B. Search
C. Chain of Custody
D. Inquest
Which of the following do not belong
to the group?
A. Stolen Property
B. Blood
C. Hair
D. Fingerprint