CDI 1

FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE

Criminal in Criminological Sense

A person may be considered as a criminal from the time he or she committed the crime regardless whether or not it has been reported to the police for investigation.

Criminal in Criminal Justice Sense

A criminal may be defined as one who has undergone the process and went through all the pillars of the Criminal Justice System.

Criminal in Legal Sense

A person may be considered a criminal only upon undergoing in the Judicial process and upon determination by the court that he or she is guilty beyond reasonable doubt.

Investigation

Was derived from Latin word “Investigare or Investigatus" which means to trace or track.

Investigation

It may have been derived also from vestigium, another Latin word which literally meant “footprint”.

Investigation

Literally means the act or process of careful inquiry or research and defined by Webster's as the Systematic examination of some scientific detail or question whether by experiment or mathematical treatment.

England

History of investigation started in _____.

Jonathan Wild

A buckle maker then a brothel operator; a master criminal who berame London's most effective criminal investigator. He was the most famous Thief Catcher in 1720's for pioneering the logic of “employing a thief to catch a thief”.

Hirelings

Whose motivations were mercenary in nature.

Social Climbers

Who would implicate their accomplices in order to move up the social ladder.

Henry Fielding

A magistrate for Wismenster and Middlesex in London, who founded a group of non-uniformed thief catchers attached to the Bow Street Court whose function was to detect and watch criminals.

John Fielding

The blind younger brother of Henry Fielding who took over the control of the Bow Street Court in 1753. This time he called it as the Bow Street Runner which was considered as the first privately paid group to follow-up investigation of crime. He initiated the practice of developing paid informants printing wanted notices, employing criminal raids and bearing firearms and handcuffs.

France “Francois” Vidocq

A former convict who became a Paris Investigator who introduced the trade protection policy which became the forerunner of the credit card system.

Sir Robert Peel

The Father of Modern Policing System, founded the London Metropolitan Police - the SCOTLAND YARD Bobbies. He presented the art and techniques of surveillance such as detectives concealing themselves while discreetly taking photograph and recording conversation.

Texas Rangers

Was organized as first law enforcement agency, with statewide investigative authority, the forerunner of the Federal Bureau of Investigation (FBI).

Allan Pinkerton

Became America's most famous private investigator who was considered as the founder of American Criminal Investigation System. Spearheaded the use of the telegraph, the railroads and photography. He can also be credited with establishing the practice of handwriting examination in US, courts. And credited for perfecting the techniques of Undercover Investigation.

Mrs. Kate Warne

Was the first woman detective hired by Pinkerton agency.

Howard Vincent

A civilian lawyer who became the head of the Criminal Investigation Department hired by Sir Robert Peel.

Alphonse Bertillon

A French Police Clerk who was recognized as the founder of Criminal Identification for introducing the first systematic identification system based on Anthropometry.

Arthur Conan Doyle

Was a British writer and physician, most noted for creating the fictional detective Sherlock Holmes and writing stories about him which led to the public consciousness for forensic science.

Dr. Hans Gross

Was an Australian Criminal Jurist who published the book “Criminal Investigation” introducing the first comprehensive description of physical evidence in solving problems. Credited in coining the word Criminalistics. Considered as the Father of Criminalistics/Criminal Investigation.

Dr. Paul Kirk

One of the best known American Criminalist, headed the Department of Criminalistics at the University of California, USA.

Mapp vs. Ohio, 1961

US Supreme Court ruled that “illegally obtained evidence is inadmissible”. The case that established the “Doctrine of the Fruit of the Poisonous Tree”.

Miranda vs. Arizona, 1966

Established the rights of a person under custodial investigation.

Criminal Investigation

It is an art or science (as well) which deals with the identity and location of the offender and provides evidence of guilt through criminal proceedings.

Criminal Investigation

It is more an art than a science for it is not governed by rigid rules, but more often rule by intuition, felicity of inspiration, and to a minor extent, by chance or luck. (Tradio)

Criminal Investigation as an Art

According to Hans Gross Criminal investigation is 95% PERSPIRATION 3% INSPIRATION 2% LUCK.

Science

Criminal Investigation is a _____ because it is based on adequate preparation and abudance of certain qualities. Involves the systematic process of identifying, collecting, preserving, and evaluating information for purposes off bringing a criminal offender to justice. It is the collection of facts in order to accomplish the three-fold aims:
Identify the guilty party;
Locate the guilty party; and
Provide evidence of his guilt.

Criminal Investigator

Is a public safety officer who is tasked to conduct the investigation of all criminal cases as provided for an embodied under the Revised Penal Code/Criminal Laws and Special Laws which are criminal in nature. He is the skilled person who is charged with the duty of conducting criminal Investigation when a crime committed.

The National Forensic Science Training Institute (NFSTI)

Under the PPSC (Philippine Public Safety College), is an institution that train uniformed personnel of the PNP to become a certified investigator.

PO2 or Police Corporal

All investigator in any police unit must be a graduate of prescribed investigation course (CRIDEC) with a rank of least _____ (pre-requisite to assignment.

Perseverance

Steadfastness, persistence, and resolution to bring the desired conclusion inspite of obstacles connected with criminal investigation.

Intelligence and Wisdom of Solomon

This is very important in order that the investigator could easily decipher falsehood from truth and separate the grain from the chaff.

Incorruptible Honesty and Integrity

In the practice of this art, there is the ever temptations of money, women and drinks, where these are present in every corner playing tricks and temptations.

Endurance

The ability to last physically and mentally hence, he must have the extra ordinary physical and mem energy, enduring sleepless nights and tiresome days.

The knowledge of Psychology and other natural sciences

He must know the different patterns of human behavior, the prevailing situations in a specific environment and the laws of nature. This is an armor to deceptions, and lies when dealing with witness, and informers and suspects.

Keen power of observation and description

These are very important in crime scene investigation and in interview and interrogation.

Courage

It is the moral fortitude to the tell the truth no matter who will be hurt.

Acting Ability

It is the ability to go down to the level of the minor, the prostitute or slum dwellers or the of the other professionals or the members of the elite.

Mastery of the Oral and Written Communication

In order that he will not suffer setbacks in getting accurate facts.

Working knowledge of martial arts and firearms proficiency

He will find himself in many occasions he will be alone in confronting, arresting, bringing to headquarters and interrogating the suspect.

What

This answers the specific offense that has been committed and the nature of the crime.

Where

This answers the place or location of the crime.

When

This answers the time and date of the commission of the crime.

Who

This answers the person/s involved in the crime.

Why

This answers the reason or motive of committing the crime.

How

This answers the manner, method or modus operandi in committing the crime.

Information

It is the knowledge of facts which the investigator had gathered from persons or documents, which are pertinent relevant concerning the commission of criminal activities.

Open Sources

This general classification of sources of information is 99% overt.

Close Sources

This general classification of sources of information is 1% covert.

Regular Sources

Acquired from open sources, record, files.

Cultivated Sources

Furnished by informant/informer.

Grapevine Sources

Coming from the underworld characters such as prisoners or criminals.

1. Sensory Form - 5 senses

2. Written Form - affidavit

3. Physical Form - physical evidence

Forms of Information

Interview

It is the simple questioning of a person who cooperates with the investigator.

Interrogation

It is a process of obtaining an admission or confession from those suspects to have committed a crime. It is confrontational in nature.

Instrumentation

Scientific examination of real evidence, application of instruments and methods of physical sciences in detecting crime. It is the sum total of the application of all sciences in investigation known as Criminalistics.

Informer

The person who provides information to the police on a regular basis mainly for purposes of reward or remuneration. They are either paid regularly or on a case-to-case basis, or none at all.

Informant

Is any person who furnishes the police information relevant to a criminal case about the activities of criminals or syndicates. They provide information to the prober voluntarily without any consideration.

Anonymous Informant

One who provides information to law enforcement while refusing to identify himself or herself.

Rival-Elimination Informant

Gives information to eliminate the rival person or gang due to competition other motives such as revenge.

False Informant

Reveals information of no consequence or no value.

Frightened Informant

Motivated by anxiety, he may be one of the lesser gang members who runs to the poli when his gang mates are about to be involved in dangerous situation or when the gang he belongs is hot on the police trail. They are considered as the weakest link in the composition of the criminal chain.

Self-Aggrandizing Informant

This kind of informant moves around the center of criminals, group or syndicate and delight in surprising the police about bits of information.

Mercenary Informant

Sells information. He/she could be one of the members of the syndicate.

Double-Crosser Informant

Confesses information as an excuse to talk to the police in order to get more information from them more than he gives.

Woman Informant

She could be an associate of the syndicate. She uses her body, charm & beauty to obtain more information.

Incidental Informant

Individuals who furnish information with no intention of repeating his services furnishing information on continuing basis.

Casual Informant

Individuals who by social or professional position, possesses or has access to information the investigation unit, either in response to a specific request or on his own initiative.

Automatic Informants

Those by virtue of their official positions are expected or obligated to furnish information openly to the investigation unit in normal course of their duty.

Recruited Informant

Individuals that are selected, trained, and utilized as continues and covert source information, concerning specific counterintelligence targets.

Legitimate Informant

Operators of legitimate business establishments.

1. Vanity

2. Civic-mindedness

3. Fear

4. Repentance

5. Avoidance of punishment

6. Competition

7. Revenge

8. Jealousy

9. Remuneration

Motives of Informants

Interview

Is a conversation with a purpose, motivated by a desire to obtain certain information from person being interviewed as to what was done, seen, felt, heard, tasted, smell or known. This is the questioning of a person believed to possess knowledge that is in official interest to the investigator.

Identity

Prior to the commencement of an interview, the investigator should identify himself to the subject by name, rank and agency. Except, when there is no need to know the officer's identity.

Rapport

It is good to get the positive feeling of the subject towards the investigators, such friendly atmosphere is a vital for both the subject and the investigator to have a better interaction.

Opening Statement

The investigator must have to indicate why the subject is being contracted.

Narration

The witness should be allowed to tell all he knows with little interruptions from the investigator.

Inquiry

After all information have been given by the subject, that is the time for the investigator to ask question to clarify him about the case under investigation.

Conclusions

After the interview, it is but proper to close the interview with outmost courtesy and thanking the subject for his cooperation.

The Golden Rule of Interview

"Never conduct or let anyone conduct an interview if the interviewer has not gone to the crime scene. The questioning will lead wayward for the interviewer who had not seen personally the crime scene and he will not be in a position to distinguish half-truths, exaggerations for falsehood from the answer of the person being interviewed".

Interrogation

Is the skillful questioning of a hostile person suspecting of having committed an offense or a person who is reluctant to make a full disclosure of information in his possession which is pertinent to the investigation.

Emotional Appeal

Place the subject in the proper frame of mind. The investigator should provide emotional stimuli that will prompt the subject to unburden himself by confiding. Analyze the subject's personality and decide what motivation would prompt him to tell the truth, and then provide those motives through appropriate emotional appeals.

Sympathetic Appeal

The suspect may feel the need for sympathy or friendship when he is apparently in trouble. Gestures of friendship may win his cooperation.

Kindness

The simplest technique is to assume that the suspect will confess if he is treated in a kind and friendly manner.

Extenuation

The investigator indicates he does not consider his subject's indiscretion a grave offense.

Shifting the blame

The interrogator makes clear his belief that the subject is obviously not the sort of person who usually gets mixed up in a crime like this. The interrogator could tell from the start that he was not dealing with a fellow who is a criminal by nature and choice.

Mutt

The relentless investigator, who is not going to waste any time because he knows that the subject is guilty.

Jeff

On the other hand, is obviously a kind-hearted man.

BLuff on a Split Pair

This is applicable when there is more than one suspect. The suspects are separated and one is informed that other has talked.

Pretense of Physical Evidence

The investigator may pretend that certain physical evidence has found by laboratory experts against him.

Jolting

May be applied to calm and nervous subjects by constantly observing the suspects, the investigator chooses a propitious moment to shout a pertinent question and appear as though he is beside himself with rage. The subject may be unnerved to the extent of confessing.

The Golden Rule of Interrogation

"Make him admit something, no matter how small or trivial. Usually the first admission will lead to another. In securing the first admission is the biggest stumbling block in dealing with tough suspects".

Legal Requirements of Interrogation

The statement of the subject must obtain voluntarily and trustworthy and not by means or use of threat, fear, coercion, duress or any improper tactics which will vitiate the free will of the subject.

Miranda Doctrine

This case which entitled Miranda vs. Arizona) is a US Supreme Court Jurisprudence which laid down the constitutional rights of the accused during custodial investigation. It was incorporated in our 1973 Constitution and later in 1987 Constitution of the Philippines.

Sec. 12, Art. III of 1987 Philippine Constitution

Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. (Miranda Doctrine)

Sec. 12, Art. III of 1987 Philippine Constitution

No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

Sec. 12, Art. III of 1987 Philippine Constitution

Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.

The RIGHT officer
asking the RIGHT questions
in the RIGHT manner
at the RIGHT time and in the RIGHT place
will get the RIGHT answers.

A Philosophy of Interview and Interrogation:

Custodial Investigation

Any questioning initiated by law enforcement officers after the person has been taken into custody or otherwise deprived of his freedom of action in any significant way. The questioning of the suspect or person believed to have been committed a crime after he was taken into custody.