1. Fundamentals of Criminal Investigation Topic No. 1 Introduction to Criminal Investigation Tools of Investigator

2. History of Criminal Investigation Over the years, it has become increasingly evident that the crime problem is exceeding in the capabilities of the criminal justice system to control or even contain it. In early groups, known as tribes and clan, methods existed for detecting and resolving undesirable acts.

3. The methods used although primitive beyond, as compared today were based on assigning responsibility to a given individual or family. If a member of a particular tribal family violated the moral code of a tribe, the other family members were held responsible for detection, apprehension, and even execution of the offending member.

4. Some Notable Account relative to INVESTIGATION Code of Hammurabi  One of the first bodies of written law  created by King Hammurabi, king of Babylon  Implemented to detect those who refused to obey the law  Imposes the “LEX TALIONES” (Law of Retribution)  Also refers to the concept, “an eye for an eye and a tooth for a tooth”

5. JONATHAN WILD (England 1720’s)  buckle operator and a brothel operator and a master criminal who became the London’s most effective criminal investigator.  most famous thief catcher in 1970’s  conceived the idea of charging a fee for locating and returning stolen property to rightful owner.

6. EUGENE “Francois” VIDOCQ (France, 1811)  Established a squad of ex-convicts to aid Paris police in investigation  Worked under the theory “Set a thief to catch a Thief”  Introduced a concept of “Trade Protection Society” which is the forerunner of credit card system  Founder of LA SURETE, France’s national detective organization  Father of Modern Criminology in France

7. DR. EDMOND LOCARD  A pioneer on forensic science  Sherlock Holmes of France  Formulated the basic principle of forensic science  “Every contact, leaves a trace”

8. WILLIAM HENRY FOX TALBOT (1839)  Father of Photography 1851, BOSTON, MASSACHUSSETTS, USA  First introduced the multi-suspect identification line-up also known as “POLICE LINE-UP” KATE WAYNE (USA 1852)  First woman detective in history of CI  Hired by Pinkerton Agency

9. ALPHONSE BERTILION (France, 1882)  Introduced the first systematic identification thru Anthropological measurement known as Anthropometry System  Considered as the Founder of Criminal Investigation  Father of Personal Identification

10. Measurements taken on Anthropometry System 1.Body: height, reach from finger tips to finger tips, length of trunk and head, or height sitting 2.Head: length and width, length and width of the right ear 3.Limbs:

11. PAUL LELAND KIRK (1953)  A forensic chemist and Scientist  Pioneered the blood spatter evidence  Uses the bloodstain pattern analysis DEOXYRYBONULIC ACID (DNA)  DNA typing was first used to solve a crime in 1986 in ENGLAND  DNA profiling was first introduced in US criminal court.  First conviction using DNA was Tommy Lee Andrews

12. DR. HANS GROSS  Earliest advocator of criminal investigation as a science  Father of Criminalistics/ Forensic Science DR. ALEC JOHN JEFFREYS  Used DNA fingerprinting and profiling to identify Colin Pitchfork as the murderer of two (2) young girls in England.

13. FLAVIANO GUERERO The only Filipino member of the United States Federal Bureau of Investigation (FBI)

14. CRIMINAL INVESTIGATION It is the act or process of investigating or the condition of being investigated. It also refers to a search or inquiry for ascertaining facts; detailed or careful examination. It came from the “Latin” word “INVESTIGAT” means “to inquire or to discover” during the 5 th century.

15. Criminal Investigation an ART or SCIENCE? Investigation is a mixture of art and science. It is a SCIENCE – because there are certain rules that should be followed to conduct a successful investigation and because the pure and applied sciences play an increasingly important role in investigation. It is an ART – because it depends on the skills of the investigator, including interpersonal communication and creativity.

16. Criminal Investigation as an ART – because it is not governed by rigid rules or fixed legal procedures but most often based from the intuition (logic and tested knowledge, immediate learning/consciousness). According to Dr. Hans Gross it is governed by: a.95% - perspiration b.3% - inspiration c.2% - luck

17. Criminal Investigation as SCIENCE – because it involves the application of knowledge of forensic sciences in the process of identifying, locating, collecting processing and/or evaluating physical evidence. It covers a broad activity concerning crimes against persons, property, security of the state and other crimes such as syndicated organized crimes of kidnappings, illegal drug trade and trafficking, assassinations, bank robberies, carnappings, computer crimes, money laundering, religious crimes, white slavery and others.

18. GOALS of Criminal Investigation 1.To determine whether a crime has been committed 2.To legally obtain information or evidence 3.To identify persons involved 4.To arrest suspects 5.To recover stolen properties 6.To present the best possible case to the most possible case

19. The Three Fold Aim of Criminal Investigation 1.to identify the guilty party 2.to locate the guilty party 3.to provide evidence of his guilt

20. Kinds of Criminal Investigation 1.Investigation while the suspect is under arrest and detention 2.Investigation while the suspect is at large

21. SIX (6) CARDINALS of Investigation (5W’s and 1H)  WHAT offense has been committed?  WHERE was the offense committed?  WHO committed the offense?  WHEN was the offense committed?  WHY was the offense committed?  HOW was the offense committed?

22. Criminal Investigator – refers to the person who carries out the investigation. They are also known as Prober and is considered as the superstar in the process of investigation. Police Investigator – a PNP uniformed both police commissioned officer (PCO) and police non-commissioned officer (PNCO) conferred with appropriate certification to investigate who must be a graduate of Criminal Investigation Course for PNCO and Investigation Officer Basic Course for PCO. (Napolcom Cir. No. 2013- 002)

23. Police Detective – a PNP uniformed who was previously certified as a police investigator but was able to complete 18 units of Master’s Degree and completed the Police Detective Course and acquired the requisite experience relating to investigation of cases and appearance in court duties to support the successful filing and prosecution of offense. (Napolcom Cir. No. 2013-002)

24. Roles of Criminal Investigator  Determine whether the crime has been committed  Identify the victims and offender  Locate and apprehend the offender  Present evidence of the guilt of the offender  Assist in case follow-up

25. The Three Tools of Investigation The 3 I’s  Information  Interrogation/ Interview  Instrumentation

26. INFORMATION – data gathered from other persons, the victim and from other records such as public records, private records, Modus operandi which are pertinent concerning the commission of crime or criminal activities.

27. Information classified as to sources -Regular sources are the records, files from the government or non-government agencies, news items. The bulk of information of this nature is news items. -Cultivated sources are information furnished by informants/ informer -Grapevine source are information given by the underworld characters such as prisoners or criminals

28. INTERROGATION – is a skillful questioning of witnesses and suspects. It is a process of obtaining admission or confession from those suspects who have committed a crime. It is confrontational in nature which means that the suspect is confronted about his participation in the commission of the offense.

29. The purposes of interrogation:  To obtain confession to the crime  To induce the suspects to make admissions  To learn the facts of the crime  To learn the identity of the accomplice  To develop information which will lead to the recovery to the fruits of the crime  To discover the details of other crimes participated by the suspects

30. Terms to Understand: Interviewer – a person who conducts interview Interviewee – a person being interviewed Interrogator – a person who performs skillful questioning of hostile witness and suspects for purpose of obtaining confession or admission Interrogee – is the subject of interrogation whether a suspect or a victim

31. Suspect – any person associated o the commission of a crime. It may also refer to any person whose guilt is considered on reasonable ground to be a practical possibility. Witness – a person other than the suspect, who is requested to give information concerning an incident. He/she maybe a victim, complainant, an accuser, a source of information and an observer of the occurrence, a scientific specialist who has examined physical evidence.

32. INTERVIEW – a simple questioning of a person who cooperates with the investigator. - a questioning of a person who is believed to possess knowledge that is in official interest to the investigator 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 persuade always with the legal and ethnical limits, to talk to law enforcers.

33. Difference between Interview and Interrogation INTERVIEWINTERROGATION 1. It is a simple questioning of a person who cooperates with the investigator 1. It is questioning somebody closely, often in an aggressive manner 2. Witnesses voluntarily give their accounts about the commission of a crime 2. It involves skillful questioning of hostile witness and suspects 3. Interrogation applies to an uncooperative or reluctant witness 4. The purpose is to obtain admission or confession

34. Instrumentation – Also called as Criminalistics or Forensic Science. - It is a scientific examination of real evidence, application of instrument and methods of the physical sciences in detecting crime.

35. This is the use of police laboratory in the examination of the pieces of physical evidences such as: Firearms Identification Fingerprint Examination Questioned Document Examination Photography Polygraphy Forensic Chemistry Physics Biology

36. End of Topic 1

38. The attitudes of Interrogator prior to interrogation:  Dominate the interview  Avoid distracting mannerism  Language  Dress  Presence of other person  Place

39. Attributes of an INTERROGATION ROOM  Privacy can be achieved by having one door, absence of window, sound proof wall and telephone without ringing bell  Simplicity, medium size room, bare walls, no glaring lights, free from furniture  Sitting arrangement – straight back chair for the suspect, table with flat surface, the back of the suspect must be facing the wall

40.  Technical aid – installation of recording device and one way mirror The statement of the subject must be obtained voluntary 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. (RA 7438) (RA 9745 otherwise known as Anti-Torture Act of 2009)

41. General Suggestions regarding the Interrogation of Criminal Suspects 1.Interview the victim, the accuser or the discoverer of the crime before interrogation 2.Be patient and persistent. Never conclude an interrogation at a time when you feel discouraged and ready to give up; continue for a little while longer 3.Make no promises when asked by subject, “What will happen to me if I tell the truth?” 4.View with scepticism the so-called conscience-striken confession 5.Whenever a subject has made a repeated denials of guilt to previous investigators, first question him whenever circumstances permit about some other unrelated offense of a similar nature of which he is also considered to be guilty

42. Interrogation Techniques 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.  Analyse the subject’s personality and decide what motivation would prompt him to tell the truth then provide those motives through appropriate emotional appeals. Sympathetic Appeal  The suspect may feel the need for sympathy or friendship. He is apparently in trouble. Gestures of friendships may win his cooperation.

43. Kindness  The simplest technique is to assume that the suspect will confess if he is treated in a kind and friendly manner. Shifting the blame  The investigator makes clear his belief that the subject is obviously not a sort of person who usually gets mixed up in a crime like this.

44. MUTT and JEFF or the Sweet and Sour Method  Two agents are employed - Mutt, the relentless investigator, who is not going to waste time because he knows the subject is guilty - Jeff, on the other hand is obviously a kind hearted man

45. I.R.O.N.I.C. Format of Interview  I dentity – prior to the commencement of an interview, the investigator should identify himself to the subject by name, rank and agency. Except when there’s no need to know the officer’s identity.  R apport –it is good to get the positive feeling of the subject towards the investigator. Such friendly atmosphere is a vital for both the investigator and subject to have a better interaction.  O pening Statement – the investigator must have to indicate why the subject is being questioned.  N arration – the witness should be allowed to tell everything he knew with little interruptions from the investigator  I nquiry – 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.  C onclusions – after the interview, it is but proper to close the interview with utmost courtesy and thanking the subject for his cooperation.

46. Rules to be observed in questioning: a.One question at a time b.Avoiding indirect answers c.Simplicity of questions d.Avoid close ended question (yes or no)

47.  Instrumentation – Scientific examination of real evidence, application of instrument and methods of the physical sciences in detecting crime.