Fundamentals of Criminal Investigation

Fundamentals of Criminal Investigation ARVIN KIM A. ARNILLA, MA Registered Criminologist Professional Teacher

Flowchart of Criminal Investigation

Occurrence of Crime Criminal Investigation

Information

Interrogation

Instrumentatio n

Physical Evidence

People and Records Objectives of the Investigation

Identify the Offender

Locate the Offender

Provide Evidence of Guilt

Tools of Criminal Investigation 1. Information – knowledge which the investigator gathers from other person; depends on intelligent selection of informative sources Two (2) Kinds of Information 1. regular sources such as conscientious and public spirited citizens, company records, and files of other agenciesc 2. cultivated sources such as paid informant, former criminals, acquaintances, divers,

2. Interrogation – skillful questioning of witnesses and suspect; varies with craft, logic, and psychological insight with which the investigator questions a person who is in possession of information relevant to the case

Interview vs. interrogation  Interview – simple questioning of person who has no personal reason to withhold information and expected to cooperate with the investigator  Interrogation – questioning of a suspect or person who is normally expected to be reluctant to divulge/ reveal/ give out information concerning the offense under

3.Instrumentation – application of the instruments and methods of the physical sciences in the direction of crime

IDENTIFYING THE CRIMINAL OFFENDER

1. Confession or Admission Confession is a declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily included therein, may be given in evidence against him.

Admission is a voluntary concessions or acknowledgement executed by a party of the existence of truth of certain facts.

2. Eyewitness Testimony

Jessica Alfaro

Hubert Webb

3. Circumstantial Evidence 3.1. Motive 3.2. Opportunity 3.3. Associative Evidence (brought about by Instrument)

LOCATING THE CRIMINAL OFFENDER

PROVIDING EVIDENCE OF GUILT Corpus Delicti (fact that a crime was committed) How to prove? 1. There exists a certain state of fact which forms the basis of the criminal charge 2. There exists a criminal agency which had caused the state of fact to exist

Exampl e:

(R.A. 8353 or Anti – Rape Any PERSON shall Law of 1997) commit sexual Element assault:

by inserting his penis into another person’s mouth, or anal orifice by inserting any instrument or object, into the genital or anal orifice of another person

Through force, threat or intimidation Offended party or victim is deprived of reason of otherwise unconscious Fraudulent machination or grave abuse of authority Offended party or victim is under 12 yrs. Old or demented

INTERVIEW OF WITNESS

Definitio n

asking questions to a person who is believed to possess knowledge that is official interest to the investigators

Importa nceconstitutes the major source of information for most case under investigation

Types of Interview Two (2) Major Types of Interview 1. On – the – Scene Interview (Informal) Where: maybe conducted by police officer on the crime scene Purpose: obtain/ get description of the criminal offender Secure sufficient information to arrest the criminal as rapidly as possible

2. Formal Interview Person Involved: Investigator-on-Case/ Investigator Assigned to the case Three (3) Type of Formal Interview a. Normal Interview – for cooperative witness or those who may be persuaded to cooperate b. Group or Pretext Interview – for witness known to be reluctant or hostile, and for those who are believed to refuse or cooperate in the investigation or those who may be persuaded to cooperate c. Follow – up interview which is frequently necessary in many cases because additional on vital points is necessary

Salesma n

QUALIFICATION OF INTERVIEWER

Actor

Psychologist

REQUISITES OF 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 really a consideration, except for busy person

2. Routine Criminal Cases  Criminal case, interview should be carefully planned  Busy persons, interview can be done during the evening.  Privacy is important

3. Important Criminal Cases  Should be conducted in places other than the subject’s homes or office (to prevent him/ her feelings confident) Investigator should control situation INVESTIGATOR SHOULD GET INTERVIEWEE’S RESPECT.

4. Appropriate Time  General Rule: should be conducted ASAP

BASIC RULES (APPROACH) IN INTERVIEW

FIRST MEETING W/ THE SUBJECT

REMEMBER: 1st Impression always lasts 1. Show credentials and inform subject of his identity 2. Identity must be stressed so as not to cause misunderstanding

INTERVIEWING WOMEN IN THEIR HOMES 1. Investigator should remain few paces from the door until the subject is convinced of his identity and invites him in 2. If possible, the investigator avoid interviewing at the threshold 3. When necessary, investigator should return at a later time when woman is reassured by the presence of a friend

BACKGROUND INTERVIEW Information taken from Background Interview: 1. 2. 3. 4.

Personal information Schools attended Former employers Reasons for leaving previous employer/ employment

USUAL STAGES OF INTERVIEW Manner of conduct of Interview: dependent on the relationship of the subject to the matter in question Demeanor: of the investigator: must be suited to the requirements of the case

1. Preparation: investigator should mentally review the case and consider what information the witness can contribute. If the importance of the case warrants, he should acquaint himself with the background of the witness, this way, he may more easily strike a responsive chord. A checklist helps so that no important point is overlooked. 2. Warm – up: the first few minutes will determine the tenor of the interview. If investigator permits a clash of personalities or creates a tense atmosphere, the witness might tighten up and be reluctant to divulge all information. After showing his credentials, the investigator should open with a few friendly remarks.

3. Questioning: after the witness/ subject has told his story, the investigator should review it with him and request him to amplify certain points. Matters which have not been touched upon by the witness should be treated, the elements of the offense and other points in the case should guided the investigator in his questioning. a. Guiding the conversation – questions and answers should fit an outline to avoid ramble. b. Corroborating – information obtained from one witness should be correlated with that obtained from others. c. Inaccuracies – discrepancies, falsehoods, and inaccuracies may become apparent during interview. Questionable points should bee treated repeatedly by rewording queries and by additional questions. Honest mistakes should be distinguished from misrepresentations.

d. Techniques of Questioning– Questions should not bee asked until the person appears to give the desired information in accurate fashion. 1. 2. 3. 4. 5. 6. 7.

One Question at a time Avoid implied answer. Simplicity of question Saving face Yes or No question Positive attitude Controlling interview

IMPORTANT NOTE!  Interviewer – the person asking the question/s  Interviewee – the person responding/ answering the question/s

Techniques in Controlling Digression (Deviation) 1. Precise Questioning – precision of question formula

2. Shunting – consists in asking a question which relates to the digression from the original line of questioning

3. Skipping by guessing – narration progresses in detail and obvious steps

Typical Classes of Interviewees 1. Children

2. Young persons 3. Middle Aged Persons

4. Older Persons

Personalities of Interviewees 1. Know – Nothing Type

Where have you been?

I don’t know Sir!

2. Disinterested Type

Basi pwede kang makabulig sa pagsulbar it kaso ngara.

USNAY LABOT NA’KO SA IMUHA? ILAM SA IMO JAN.

3. Drunken Type

Interviewer: Pagkatapos ninyong uminom kabi-e, sin dayon kamu nag –adto?

Interviewee: Yu kold me her to as your kwistions? Shet! Shabat kot – a run, hik!

4. Suspicious Type

Basi pwede makabulig pagsulbar it ngara?

kang sa kaso

Interviewee: Basi ako ta du maigpit karon sir. Isaea pa may pamilya ta bi ako basi kun bae-san ta kami.

5. Talkative Type Ay sir abo ta ang hasayran parte sa tawo ngaron suma nagkaeapit gid kami karon sa sueod it 20 anyos. Tinakaw na karon du manok ni lolo anay ngato tag nagpamalaaye imaw sa anang asawang si Mary. Haso guid a ron sir. Tao baea sa animal ngato! Imaw anay dun du most behave sa among klase.

Interviewer: Ano ing pagkakila-ea kay Pedro Maringpalad ngara?.

6. Honest Type Unsa man guiingon niya sa imuha?

Nga magsmile murag Monalisa!

7. Deceitful Type

ANO’NG GINAWA MO ?

Nagma-magic ako sir! Hehe!

8. Timid (Shy) Type Have you been to Lucky 7?

Adios ta! Huya - huya ka pa? Sabta eang too!

Pwede di sabton Ma’am? Huya ang!

9. Boastful, Egoistic or Egocentric Type

Sir, can we talk for a couple of minutes?

You’re not the type to intimidate me! I am the boss here!

10. Refusal to Talk Type

Bisan mag – ueodlut ing sip-on wa ka guid mabueo kang.

 Rape  Murder  Homicide

DIRECT APPROACH AND DIRECT QUESTIONING Direct Approach 1.Complainant 2. Suspect 3. Informant 4. Victims

Direct Questioning

EVALUATING THE INTERVIEWEES 1. Physical Mannerism: nervousness, evasive facial expression, embarrassment at certain question, perspiration and similar sign as indication to the truthfulness or trustworthiness of the person MANNERISM Unusual combing of hair Evasive eye contact Stuttering of the voice Shaking of hand/s finger/s Stumping of hands/ feet

PROBABLE INDICATION OF

2. Frankness: person should be tested with questions, answers to which should be known to the investigator. Significant omissions should be noted 3. Emotional State: observe unusual reaction to questions. Partial guilt can be detected by unwarranted indignation of excessive protest. Spite, jealousy, and prejudice can be easily detected.

4. Content of the statement: statement of the witness can be compared with statement of other witnesses, and with known facts. Discrepancies and misrepresentations can be detected by comparing the information with known facts

METHODS OF RECORDING INTERVIEW 1. Mental Notes 2. Written Notes 3. Stenographic notes 4. Sound recording 5. Sound and motion picture (video)

Interviewer’s Notebook

INTERROGATION OF SUSPECT

Refreshing your memory!

What is INTERROGATION?

Interrogation is skillful questioning of person/s who are uncooperative in the conduct of investigation or are reluctant to divulge information pertinent to the conduct of investigation

 radically changed the procedural requirement for lawful interrogation of a suspect or of a person under custodial investigation

 Approved: April 27, 1992 by Pres. Corazon C. Aquino

Fundamental Rules on Interrogation 1. Investigator should identify himself as law enforcer with showing of credential 2. Explain to the suspect in general terms the nature of the offense under investigation 3. Inform the suspect of his wish to question him on matters relating to the offense

4.Advise the suspect of his rights, substantially in the following terms: A. You have the right to remain silent; you do not have to answer any questions B. You have the right to be assisted by an independent and competent counsel (lawyer) of your own choice

C. If you cannot afford the services of a counsel, and you want to be assisted by a lawyer, this office shall provide you with a lawyer free of charge D. That anything you say can be used as evidence against you in any court of law. E. Do you understand your rights as I have explained to you, as follows: the right to remain silent and the right to be assisted by a counsel?

F. After explaining your Constitutional rights, are you still willing to give FREE and VOLUNTARY statement of the facts of the case being investigated?

Miranda Doctrine  cannot be waived except in writing and must be signed in the presence of a legal counsel  requires all law enforcers to issue to all suspects once arrested and taken into custody

Admission vs. Confession

Admission – acknowledgement that a fact, action or circumstance is true; may strongly infer or directly admit guilt, however, it will lack detail as to the elements of the crime “I just killed a man.” “Yes, I stole the car.” “I stabbed him.” “I didn’t mean to hurt her.”

Confession – more complete statement admitting each element of the crime “When I found out Nick slept with my younger sister, I went home and thought about for a couple of days, then I decided to kill him. I bought a gun and ammunition, loaded the gun and went to Nick’s house and shot him three times in the head while he was talking on the phone.”

Options and Procedures in Interrogation

1. The suspect may choose to remain silent. If BEFORE or DURING questioning, the suspect invokes his right to remain silent, interrogation must be foregone or stopped. Investigators must respect the suspect’s right to remain silent. Threat, tricks, or cajoling designed to persuade the suspect to waive his right are forbidden Did you rape Elisa? So inaamin mo na ni – rape mo siya? Ok, we’ll respect your peace!

SCENARIO

Sir, lalaki tayo! I’m a lover boy! Can you blame me? Sir, according to R.A. 7438, I have the right to remain silent.

2. The suspect may request a legal counsel. NO INTERROGATION MUST BE ATTEMPTED UNTIL THE LAWYER OF HIS OWN CHOICE OR STATE - APPOINTED LAWYER IS PRESENT. If before and during questioning, the suspect invokes his rights to request and have counsel, the interrogation must cease until a lawyer is procured/ produced. SCENARIO Ok, I’ll call Atty. Fortun.

Sir, RA 7438 mandates that I should be provided with a lawyer of my choice. I want Atty. Fortun to handle my case.

3. The suspect may waive his rights.  To forego this, an affirmative statement of rejection is evidently required.  The burden of proof is on the prosecution. Do you waive your right to remain silent?

Yes sir?

 Withdrawal of a waiver is ALWAYS permitted.

Ano kat-ing ngara? Makay bawi- bawi kating! O sige! I-note ko lang nga ginbawi mo du imong waiver!

Sir, bawi-on ko lang ang waiver!

Hay, ginabawi ko’t a sir. It’s my right.

 If interrogation continues without the presence of attorney and a statement is taken, a heavy burden rests on the prosecution to demonstrate that the defendant knowingly and intelligently waived his right against self – incrimination and his right to retain or appoint counsel.

TYPES OF SUSPECTS 1. Willing suspect – remorseful or conscience – stricken one who feels anguish or distress cause by the sense of guilt for the crime he or she has committed

2. Inadequate suspect – emotionally – unstable suspect or mentally deficient

3. Unwilling suspect – refuses to cooperate or relate information for one or more of a variety of reassons

4. Egoist – has a exaggerated sense of self – importance, perhaps seeing himselp or herself as a “professional” in some criminal specialty and acting accordingly; enjoys boasting about past accomplishments

5. Defiant Type– seem immovable and unemotional but is actually defense mechanism

THE CRIME SCENE

Definition of Crime Scene

– locale/ place within immediate vicinity of the occurrence wherein evidence may be found

A crime scene is a location where an illegal act took place, and comprises the area from which most of the physical evidence is retrieved by trained law enforcement personnel, crime scene investigators (CSIs) or in rare circumstances, forensic scientists.

Instrumentation through Forensic Science

Instrumentation is the examination of minute details of physical evidence through methods of forensic science and the application of laboratory equipment.

Two (2) Branches of Forensic Science 1. Criminalistics 1. 2. 3. 4. 5.

Ballistics, QD Examination, Dactyloscopy, Photograpy and Polygraphy

2. Forensic/ Legal Medicine

Purposes of Criminalistics 1. To identify a substance, object or instrument 2. To establish a connection between crime scene evidence and a known comparison obtained from a suspect, thus linking the suspect to the crime science or victim.

2. To reconstruct how a crime was committed.

3. To protect innocent by developing evidence that may exonerate the suspect .

2. To provide expert testimony in court.

Means of Developing Physical Evidence

1. Contrast – the most familiar way to bring out details. Using black or white powder to process a crime scene for fingerprints

Role of Crime Laboratory 1. Establish an element of crime

2. Link the crime scene or victim to the criminal

3. Reconstruct how the crime was committed a. Time Element b. Facts of the Case c. Incriminating Evidence d. Protect the Innocent e. Expert Testimony

Investigative Value of Forensic Medicine 1. Forensic Pathology a. Establishes the cause and manner of death – natural, suicide, accident, or homicide b. Establishes the time of death

c. Indicates the type of instrument used to commit the homicide

d. Indicates whether injuries to the body were post –mortem or ante - mortem

e. Establishes the identity of the victims.

f. Determines the age of the victim.

g. Determines the sex, height, and age of mutilate or decomposed bodies and skeletons.

h. Determines virginity, defloration, pregnancy, and delivery and sodomy

2. Forensic Serology Study of BLOOD

3. Forensic Toxicology Toxicology is the study of poison – their origins and properties, their identification by chemical analysis, their action upon humans and animal, and the treatment of the conditions they produce

Famous Case: Michael Jackson

3. Forensic Odolotology Forensic odontology is the study of the teeth, dentures (false teeth), bite marks for the following purpose 1. To connect a bite mark to a particular person