Fundamentals of Criminal

Investigation and Intelligence

REFERENCES:

FUNDAMENTALS OF CRIMINAL INVESTIGATION AND INTELLIGENCE BY RICO, APELA, ESTILLERO.

CRIMINAL INVESTIGATION MANUAL 2011

 CONTENTS

Tools of Investigation – INTERVIEW AND INTERROGATION

Tools of Investigation – INSTRUMENTATION
 INTERVIEW AND INTERROGATION

INTERVIEW – is the questioning of a person believed to possess knowledge that is in

official interest to the investigator.
IMPORTANCE OF INTERVIEW – it gives account of an incident under
investigation or offers information concerning a person being investigated in his own
manner and words.

BASIC ASSUMPTIONS: nobody has to talk to law enforcers. No law compels a

person to talk to the police if he does not want to. Therefore, people will have to be
persuaded, always within legal and ethical limits, to talk to law enforcers. This makes
interviewing an art.
REQUISITES OF INTERVIEW
1. Established Rapport
2. Forcefulness of Personality
3. Breadth of Interests

METHODS OF RECORDING INTERVIEW

1. Mental Notes
2. Written Notes
3. Stenographic Notes
4. Sound Recording
5. Sound and Motion Pictures
PERSONALITIES OF INTERVIEWEES
1. Know-Nothing Type
2. Disinterested Type
3. Drunken Type
4. Suspicious Type
5. Talkative Type
6. Honest Witness
7. Deceitful Witness
8. Timid Witness
9. Boasting, Egotistic or Egocentric Witness
10. Refused to Talk
INTERROGATION
Is the skillful questioning of a person suspected of having committed an offense or of a person who is
reluctant to make a full disclosure of information in his possession which is pertinent to the investigation.

PURPOSE OF INTERROGATION
 To obtain information concerning the innocence or guilt of suspect.
 To obtain a confession to the crime from a guilty suspect.
 To induce the suspect to make admissions
 To know the surrounding circumstances of a crime.
 To learn of the existence and location of physical evidence such as documents or weapons.
 To learn the identity of accomplices.
 To develop information which will lead to the fruits of the crime.
 To develop additional leads for the investigation.
 To discover the details of any other crime in which the suspect participated.
FUNDAMENTAL RULES

The provision of Section 12, Article III of the New Philippine Constitution of 1987, and the
provision of Republic Act No. 7438, entitled “An Act Defining Certain Rights of a Person Arrested,
Detained or Under Custodial Investigation, as well as the Duties of the Arresting, Detaining, and
Investigating Officers, and Providing Penalties for Violations Thereof,” have radically changed the
procedural requirements for a lawful interrogation of a suspect or a person under custodial
investigation by specifying certain minimal pre-requisites to insure the voluntariness of the suspect’s
response.
BEFORE INTERROGATING A SUSPECT OR A PERSON UNDER CUSTODIAL
INVESTIGATION, INVESTIGATOR SHOULD OBSERVE THE FOLLOWING:
1. Identify himself to the suspect as a law enforcement officer—this is done orally, together with
a show of credentials.
2. Explain to the suspect in general terms the nature of offense under investigation.
3. Inform the suspect of his wish to question him on matters relating to this offense.
4. Advise the suspect of his rights, substantially in the following terms: questions.
 You have the right to remain silent; you do not have to answer any
 You have the right to be assisted by an independent and competent
counsel preferably of your own choice;
 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.
 That anything you say can be used as evidence against you in any court of the law.
TERMS IN INTERROGATION

1. Witness
A witness is a person, other than a suspect, who is requested to give information concerning an incident
or person. He may be a victim, a complainant, an accuser, a source of information, an observer of an
occurrence, a scientific specialist who has examined physical evidence, or a custodian of official
documents.
2. Suspect
A suspect in an offense is a person whose guilt is considered on reasonable grounds to be a practical
possibility.
3. Subject
The term subject will be used here most commonly to represent the person, whether witness or suspect,
who is being interviewed or interrogated. The subject in this sense is not necessarily the subject of the
case under investigation. Where the term is used to refer to the subject of the case, the distinction will be
apparent from the phrasing and contest.
INTERROGATION TECHNIQUES
 EMOTIONAL APPEALS – investigator provides emotional stimuli that will prompt the
subject to unburden himself by confiding.
 SYMPATHETIC APPROACH – gestures of friendship may win the suspect’s cooperation.
 KINDNESS – suspect might confess if he is treated in a kind and friendly manner.
 EXTENUATION – investigator indicates he does not consider his subject’s indiscretion a grave
offense.
 SHIFTING BLAME – 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.
 MUTT AND JEFF – Mutt is the relentless investigator while Jeff is obviously a kind-hearted
man.
TYPES OF OFFENDERS AND APPROACHES TO BE USED IN DEALING
WITH THEM

 EMOTIONAL OFFENDERS – have a greater sense of morality. Easily feel

remorse over what they have done. The best approach in interrogating this type of
offender is the sympathetic approach.

 NON-EMOTIONAL OFFENDERS – normally do not feel any guilt, so the best

way to interrogate them is through the factual analysis approach.
PERSEVERANCE IN INTERROGATION
In the conduct of interrogation, emphasis has been placed on kindness and
stratagems. The investigator will, however, encounter many situations where the sheer
weight if his personality will be the deciding factor. Where emotional appeals and
tricks are employed to no avail, he must rely on an oppressive atmosphere of dogged
persistence.
He must interrogate steadily and without relent, leaving the subject no
prospect of surcease. He must dominate his subject and overwhelm him with his
inexorable will to obtain the truth. He should interrogate for a spell of several hours
pausing only for the subject’s necessities in acknowledgment of the need to avoid a
charge of duress that can be technically substantiated.
 INSTRUMENTATION
It is the application of instruments and methods of physical science to the detection of crime. It is
the sum total of the application of all sciences in crime detection otherwise known as criminalistics although
instrumentation means more than criminalistics because it includes also the technical methods by which the
fugitives may be traced and examined.
THE TERM FORENSIC SCIENCE
The word forensic science is derived from Latin word forensis, meaning “forum.” A town square or
a marketplace in ancient cities, the forum was the arena of discussion and disputation in judicial and other
public matters. As society became more complex, disputes were argued and settled in formally organized
courts. Today the term forensic still applies to or is used in court of law or public discussion and debate.
At least two major branches of forensic science are recognized, the most obvious being
criminalistics and forensic medicine. Both the two branches necessitates the application of instrumentation in
the examination of physical evidence and other clues materials found at the crime scene, and at the victim’s
body, and which are material and relevant evidence to the purpose of the law and in the administration of
justice.
DEVELOPMENT AND INTERPRETATION OF PHYSICAL EVIDENCE
Criminalistics, the branch of forensic science concerned with the recording, scientific
examination, and interpretation of the minute details to be found in physical evidence, is directed
to the following end.
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 scene or victim.
3. To reconstruct how a crime was committed.
4. To protect the innocent by developing evidence that may exonerate the
suspect.
5. To provide expert testimony in court
ROLES OF THE CRIME LABORATORY
1. Establish an Element of Crime
Dangerous drugs, controlled precursors and essential chemicals are prescribed by the Comprehensive
Dangerous Drugs Act. If the pertinent law is to apply, their presence in seized evidence must be
established. The concept of identification is involve and chemistry is needed to effect the determination.
The presence of dangerous drugs, controlled precursors or essential chemicals is an element of the
crime.
2. Link the Crime Scene or Victim to the Criminal
Associative evidence, a non-legal term, describes the aspect of laboratory work through instrumentation
involving the concept of identity, i.e., linking the suspect to the crime scene or victim— such as by
fingerprint. The most effective means of developing associative evidence are instrumental chemistry,
photomacrography, microscopy, other optical methods, and morphology.
3. Reconstruct How the Crime Was Committed
The role of the criminalists in reconstructing a crime is important. Although less frequently called by the
investigator, greater use will no doubt be made as such aid as familiarity with it increases
 PHYSICAL EVIDENCE – refers to any material or substance which are found at the crime scene and
has a logical connection to the offense charged and which aids the investigator in solving the case. As
part of the chain of custody, these evidences were transported to the crime laboratory for further
examination and analysis.
 FORENSIC EXPERTS – individuals capable of utilizing forensic science in elucidating crime
commission. They are the only person who is allowed by law to express their opinion regarding a
certain event as their expertise can enlighten the minds of the listener and viewer in the court of law.
 CRIME LABORATORY – refers to the area or place where pieces of physical evidence are brought
for extensive and exhaustive examination.
 FORENSIC SCIENCE – refers to the application of the principle of various sciences to provide
answers to legal questions. It includes but not limited to, ballistics, QD, odontology, forensic medicine,
pathology, etc.
 CRIMINALISTICS – defined as the examination, evaluation and providing of explanation to all
physical evidence collected at the crime scene. Criminalistics is only part of forensic science.