CDI CHAPTER 3 Flashcards
this is a reluctant type of witnesses. It is found among the uneducated and of low level of intelligence. The technique to be applied is be with their level of intelligence and by interrogation.
KNOW-NOTHING TYPE
What are the TYPES OF INTERVIEW?
BACKGROUND INTERVIEW
SUBJECTIVE INTERVIEW
OBJECTIVE INTERVIEW
*This confession is made by the accused is open court. The plea of guilt maybe made during arraignment or any stage of the proceedings where the accused changes his plea of not guilty to guilty.
*This is conclusive upon the court and may be considered to be a mitigating circumstance to criminal liability.
*A plea of guilty when formally entered on arraignment is sufficient to sustain conviction of any offense, even a capital one, without further proof.
JUDICIAL CONFESSION
OVERT METHODS
- INTERVIEW
- PATROL OR RECONNAISANCE
- CRIME SCENE SEARCH
- REGULAR PERFORMANCE OF POLICE ACTIVITIES
- CUSTODIAL INTERROGATION
TYPES OF INFORMANTS
Female informants
Legitimate informants
Incidental informant
Confidential informant
identity is kept confidential by the respective police officers or investigators who are receiving information that they are providing.
Confidential informant
is the direct acknowledgement of guilt.
CONFESSION
Common traces of info:
- Criminal complaint
- Information
- Depositions
- News article
What are reasons WHY WITNESSES REFUSE TO TALK?
FEAR OF REPRISAL
GREAT INCONVENIENCE
HATRED AGAINST THE POLICE
BECAUSE OF BIAS OF WITNESS
AVOIDANCE OF PUBLICITY
FAMILY RESTRICTION
he may be an anonymous phone caller, letter writer or a text sender.
ANONYMOUS INFORMANT
TYPES OF INFORMER
- Recruited informer (Paid assets)
- Mercenary informer
- Dual or Multiple Informer
- Double Crosser
- Information brokers (intelligence brokers)
there are witnesses who are shy and they shun publicity that will bring discomfort to their ordinary or obscure way of living.
AVOIDANCE OF PUBLICITY
What is the MAIN PURPOSE OF INTERROGATION?
to obtain CONFESSION or ADMISSION from the suspect and to learn relevant information from uncooperative witness.
To whom, where or which information are derived or developed.
SOURCES OF INFORMATION
this interview as prescribed by some investigators requires the interviewee to answer the question posed by the investigator. The interviewee to answer on what he knows about what is being asked. In the case of subjects of low level of intelligence, the use of leading questions greatly helps the investigator to obtain the full and desired information.
QUESTION AND ANSWER
MOTIVES OF INFORMANTS AND INFORMERS
- CIVIC-MINDEDNESS
- VANITY
- REPENTANCE
- FEAR
- AVOIDANCE OF PUNISHMENT
- SHOWING GRATITUDE FOR GAINING SOMETHING
- COMPETITION OR RIVALRY
- REVENGE
- JEALOUSY
- REMUNERATION
is indirect acknowledgment of guilt.
ADMISSION
this kind mostly maintains being anonymous. His purpose is to eliminate the rival persons or gang due to competition or other motives such as revenge, etc.
RIVAL ELIMINATION INFORMANT
this is a liar type of witness. Let him lie and order him to repeat several times their narration.
DECEITFUL WITNESS
What are the TYPES OF WITNESSES according to attitude?
KNOW-NOTHING TYPE
DISINTERESTED TYPE
THE DRUNKEN TYPE
TALKATIVE TYPE
HONEST WITNESS
DECEITFUL WITNESS
TIMID WITNESS
REFUSAL TO TALK WITNESS
*Vast amount of information come from people with direct or indirect knowledge
*May be classified as: regular or cultivated sources
PEOPLE AS SOURCES OF INFORMATION
Informants under this category is usually a mistress or common law wife of criminal. She volunteers information because her lover jilted her. Her motive is often revenge or simply jealousy.
Female informants
this is the truthful and cooperative witness where the investigator could rely upon, with little or no problem in handling them.
HONEST WITNESS
*System of gathering information that has little consideration on paid information
*Relies on information given voluntarily or willingly
ENGLISH PRACTICE
the outward manifestations of a criminal event that can be perceived by our five senses – eyes, ears, nose, tongue and hands.
SENSORY FORM
What are the rules to be considered in questioning during Interviews?
One Question at a time
Avoid Implied Answer
Simplicity of Question
Saving Face
Yes` and No Answer
What are the TECHNIQUES OF INTERROGATION?
EMOTIONAL APPEAL
SYMPATHETIC APPROACH
FRIENDLINESS
TRICK AND BLUFF TECHNIQUES
*This will help the interviewer to determine the personality and intelligence of his subjects.
*He must go down in the level of understanding of his particular subject.
KNOWLEDGE ON PSYCHOLOGY AND PSYCHIATRY
Those who have special information on a particular crime or criminal or non-criminal activity.
- informant
- informer
- Their immediate relatives and close friends
CULTIVATED
Source of info under this category includes operators of licensed premises who do not want their place of business to become the hang out of dangerous criminals.
Legitimate informants
is a person who provides the police with confidential information concerning a previous crime or a projected and planned crime. under the law, these informants are protected and their identity could not be revealed by the police even under the order of the court unless on exceptional case where there is a claim of the defense that the informant framed up the accused.
CONFIDENTIAL INFORMANT
What are the tool’s or I’s of investigation?
INFORMATION
INTERVIEW/INTERROGATION and;
INSTRUMENTATION
This is focused only in obtaining data regarding the personal background of the subject, the simplest type of interview used in criminal cases.
BACKGROUND INTERVIEW
this refer to an uncooperative and indifferent subject. To deal with them is to find out their field of interest so that they will talk.
DISINTERESTED TYPE
these are also called automatic informants. (victim)
Incidental informant
it is a confession that is made by the suspect during custodial investigation or those confessions that are made outside of the court.
EXTRA JUDICIAL CONFESSION
this kind of informant moves around the centers of criminals, group or syndicate and delights in surprising the police about bits of information.
SELF AGGRANDIZING INFORMANT
What are the types of informant?
- ANONYMOUS INFORMANT
- RIVAL ELIMINATION INFORMANT
- FALSE INFORMANT
- FRIGHTENED INFORMANT
- SELF AGGRANDIZING INFORMANT
- CONFIDENTIAL INFORMANT
- MERCENARY INFORMANT
- DOUBLE-CROSSER INFORMANT
- WOMEN INFORMANT
_____________ replaced Anthropometry. It was popularized by Sir Edward Richard Henry in Europe and through Juan Vucetich who founded the fingerprint classification, it was found to be accurate. Its usefulness in criminal investigation cannot be questioned because its infallibility because no two persons have the same fingerprints not even the ten neighboring fingers of the same persons.
Dactyloscopy
What are the APPARENT SIGNS OF DECEPTION?
EXCESSIVE SWEATING
CHANGE OF FACIAL COLOR
DRY MOUTH
EXCESSIVE BREATHING
INCREASE OF PULSE BEAT
AVOIDANCE OF DIRECT EYE CONTACT
the style of questioning by the investigator should be adapted to the psychology of the subject. When the drunken subject has sobered, another interview will be conducted, confronting hi about his disclosures while in the state of drunkenness. The written statement must be taken during his sobriety.
THE DRUNKEN TYPE
TYPES OF INFORMER
- Recruited informer (Paid assets)
- Mercenary informer
- Dual or Multiple Informer
- Double Crosser
- Information brokers (intelligence brokers)
General categories of sources:
- Places
- Things
- people
What is a Golden Role in Interview?
Golden Role in Interview:
“Never allow the interviewer to conduct nor let anyone to conduct an interview without prior visit to the crime scene.”
he uses his seeming desire to divulge information as an excuse to talk to the police in order to get more information from them more than he gives.
DOUBLE-CROSSER INFORMANT
The questions are designed to acquire the basic and specific data or facts regarding a criminal case. It is the type of interview that complies with the six cardinal points of criminal investigation ( the 5 W’s and 1 H)
OBJECTIVE INTERVIEW
In 1984, Alex Jeffrey’s, a British biologist and genetics expert, discovered the concept of ________________.
DNA genetic fingerprinting
What are the rules to be considered in questioning during Interviews?
One Question at a time
Avoid Implied Answer
Simplicity of Question
Saving Face
Yes` and No Answer
usually reveals information of no consequence, value or stuff connected with thin air. His purpose is to appear to be on the side of the law and for throwing out the suspicion from himself or from his gang or associates.
FALSE INFORMANT
_____________ (lie detector) was develop by John Larson although it was founded by Keller. It is effective in limiting the suspects in number as in the hand of an expert and dependable machine its result is excellent.
Polygraph
TYPES OF EXTRA-JUDICIAL CONFESSION
VOLUNTARY EXTRA-JUDICIAL CONFESSION
INVOLUNTARY EXTRA JUDICIAL CONFESSION
*Obtaining information that relies heavily in buying information
*Extensive use of informers
FRENCH APPROACH
Those who come to the attention of the investigator because of their involvement or familiarity with a crime or incident.
- Victims/complainants
- Witnesses/suspects
REGULAR
An interview wherein the questions are phrased in a manner such that the subject’s answers are based on his personal opinions or views. Questions are designed to deal with the subjective aspect of the case.
SUBJECTIVE INTERVIEW
the investigator, in his preliminary or probing questions must dig deep into the past troubles, plight and unfortunate events in the life of the suspect. An offer of help, kindness, friendliness may win his cooperation.
SYMPATHETIC APPROACH
A criminal act may also provide information is a written form like receipts from the motel, food and drinks in the pocket of the suspect.
WRITTEN FORM
This confession obtained through force, threat, intimidation, duress or anything influencing the voluntary act of the confessor
INVOLUNTARY EXTRA JUDICIAL CONFESSION
The information may actually be in a real form – meaning the failure to retrieve it or receive it at the right time will be useless.
PHYSICAL FORM
The visible way of obtaining information like conducting interview, patrol, crime scene search, regular performance of police activities and custodial interrogation.
OVERT
COVERT METHOD
- SURVEILLANCE
- UNDERCOVER ASSIGNMENTS
- ENTRAPMENT
- BUY-BUST OPERATION
- INCLUDING TACTICAL INTERROGATION
_____________ developed by Dr. Calvin H. Goddard, a U.S. Army Physician with a rank of Lieutenant Colonel. It is used for determining whether or not the evidence bullet and test bullet came from a single gun through the use of bullet comparison microscope.
Forensic Ballistics
this points to the subject of interrogation whether a suspect or a victim.
INTERROGEE
He must be courteous, sympathetic and humble, ready to ask apologies for the inconvenience of the interview.
HUMILITY
What are the Phases of Interrogation?
Planning of Interrogation
Approach (Meeting the Interrogee)
Questioning
Termination
Recording
Reporting
on the part of those of hands-to-mouth existence there is this real inconvenience, which will deprive them the time to earn for their living especially during the ordeal of testifying during the trial.
GREAT INCONVENIENCE
CLASSICAL SYSTEMS OF GATHERING INFORMATION
- ENGLISH PRACTICE
- FRENCH APPROACH
*It is the process of applying instruments or tools of the police sciences in criminal investigation and detection.
INSTRUMENTATION
this is a witness who is prone to exaggerate, adding irrelevant or new matters to their narration.
TALKATIVE TYPE
SURVEILLANCE: PURPOSES
- Obtaining evidence
- Supplying information as basis of issuing arrest or search warrant
- Determining the activities and contacts of suspected criminals
- Catching criminals in flagrante delicto
are documents that can be obtained and studied to obtain facts on incidents and people. They are vital information since they provide leads in facilitating the investigation process.
RECORDS AS SOURCES OF INFORMATION
Modern Techniques of Interrogation
Rationalization
Projection
Minimization
- The word________ is a general term that refers to any person who gives information to the police authorities relative to a crime.
- Strictly speaking, an _________ is any person who furnishes the police information relevant to a criminal case about the activities of criminals or syndicates without any monetary consideration. The _______may openly give information or may serve as a witness voluntarily.
- Voluntarily or willingly provides information to the criminal investigators and offers to be a witness. (requires anonymity)
INFORMANT
a friendly approach coupled with a posture of sincerity may induce the suspect to confess
FRIENDLINESS
The confession is voluntary when the accused speaks of his free will and accord, without any inducement of any kind, with a full and complete knowledge of the nature and the consequences of the confession
VOLUNTARY EXTRA-JUDICIAL CONFESSION
some famous and respected families preserve their reputations by instilling to their members the need of the approval of the elders on matter affecting their families.
FAMILY RESTRICTION
putting the blame to other persons, not alone to the suspect.
Projection
The interviewer must know how to appropriately use his voice normally, without unusual loudness that may affect the interview process.
CONVERSATIONAL TONE OF VOICE
The first used was ___________ found by Alphonse Bertillon. He is a Frenchman who founded criminal identification by body measurement. It was accepted and adopted by police departments in Europe and the United States for more than twenty (20) years.
Anthropometry
this is a technique where the investigator, combining the skills of an actor and a psychologist, addresses the suspect with an emotional appeal to confess. This is applicable to first time offenders or those who are of the emotional type of characteristics displayed nervousness or emotional disturbances.
EMOTIONAL APPEAL
is a person other than the suspect, who is requested to give information concerning an incident. He may be a victim, complainant, an accuser, a source of information, and an observer of the occurrence, a scientific specialist who has examined physical evidence or a custodian of official documents.
WITNESSES
What are the QUALITIES OF A GOOD INTERVIEWER?
RAPPORT
FORCEFUL PERSONALITY
KNOWLEDGE ON PSYCHOLOGY AND PSYCHIATRY
CONVERSATIONAL TONE OF VOICE
ACTING QUALITIES
HUMILITY
______________ was discovered by Karl Landsteiner in 1901 the agglutination of human blood. This discovery demonstrated that blood possesses certain characteristics, which allowed the designation A, B, AB and 0.
Forensic Serology
is conducted to willing and cooperative witnesses, where they are given the full opportunity to narrate their accounts without intervention, interruption and interference from the interviewer.
COGNITIVE INTERVIEW
the informant has information for sale.
MERCENARY INFORMANT
- Is the vigorous and confrontational questioning of a reluctant suspect about his participation in the commission of crime. it is confrontational in the sense that the investigator places the guilt on the accused. This processed is also applied to an uncooperative or recalcitrant suspect/witness.
- It is one of the most difficult but most interesting phases of criminal investigation and detection. It is a challenging battle of wit between the investigator and the suspect.
- It is a mental combat where the weapon is intelligence and the use of the art
- Witnesses or victims are interviewed, and suspects are interrogated.
INTERROGATION
It is the act of minimizing the culpability of the suspect.
Minimization
- Is a person who provides information to the police on a regular basis. They are either paid regularly or in case-to-case basis, or none at all. They are cultivated and established by the police on a more or less permanent character and as long as they are loyal and useful to the police organizations.
- Generally paid by the investigator and should be registered with the investigator’s agency. Informers are actually informants by profession usually recruited or paid assets of investigating agencies.
INFORMER
the person who performs skillful questioning of hostile witness and suspects for purposes of obtaining confession or admission.
INTERROGATOR
denotes any person associated to the commission of a crime. a suspect may also refers to any person whose guilt is considered on reasonable on reasonable ground to be a practical possibility.
SUSPECT
*The appearance of the interviewer and other qualities such as skills of communication techniques or the forces of his language is the mainstays of the strength of his character.
*He must be understanding, sympathetic and without showing official arrogance, vulgarity of expressions and air superiority.
FORCEFUL PERSONALITY
What are the KINDS OF CONFESSION?
EXTRA JUDICIAL CONFESSION
JUDICIAL CONFESSION
- TRICK AND BLUFF TECHNIQUES:
a. Pretense of Solid Evidence
b. Weakest Link
c. Drama
d. Feigning Contact with Family Members
e. Line Up
f. Reverse Line-Up
g. Stern Approach
h. Mutt and Jeff or Sweet and Sour Method
i. Removing the Ethnic or Cultural Barrier
j. Searching for the Soft Spot
Any written or documented statements of persons who possess relevant knowledge concerning a crime. It may include any form of documented data such as directory, file, audio/video tapes and written testimonies
TRACES OF INFORMATION
the witness maybe an acquaintance, friend, helper or benefactor of the suspect. All of these and other relationship of the witnesses to the suspect must be explored so that an intelligent approach is properly applied.
BECAUSE OF BIAS OF WITNESS
this is a shy witness. The approach must be friendly and reassuring confidentiality of their information. It should be hidden from the devouring press by interviews or photo sessions.
TIMID WITNESS
Records are of two general types: Public and private
PUBLIC
* LAW ENFORCEMENT SOURCES
* GOVERNMENT SOURCES
* PUBLIC LIBRARY
PRIVATE
* PERSONAL DIARIES
* PERSONNAL LETTER
she maybe the female associate of the criminals, who was roughed up, marginalized in the deal or being eased out from the group. Care must be given to this kind of informant because women, given the skills and expertise, are more dangerous than men. They often give free romance that will result in blackmailing the investigator or will result to an extended family for support. Women are said to be most effective among informants because they could easily penetrate the ranks of criminals with less suspicion.
WOMEN INFORMANT
witness who lack the courage to face the suspect, his associates or relatives always entertain the fear of reprisal. The investigator must remove these fears from the mind of his witnesses either by offering protection or by the explanation that unless the suspect in not put behind bars, the fear will not be disappear.
FEAR OF REPRISAL
Is the knowledge or facts which the investigator had gathered or acquired from persons or documents, which are pertinent or relevant concerning the commission of the crime or criminal activities.
INFORMATION
he is prodded by fear or self interest in giving information to the police. He maybe one of the lesser gang member who runs to the police when his gang mates are about to be involved in dangerous situations or when the gang he belongs is hot on the police trail.
FRIGHTENED INFORMANT
GENERAL KIND OF INTERVIEW
- COGNITIVE INTERVIEW
- QUESTION AND ANSWER
*It refers to the good relation between the interviewer and the interviewee, which is conducive to a fruitful result.
*It is winning the confidence of a person being interviewed in order that he will tell all the information in his possession.
*The interviewer must in a respectable civilian attire because, most often and the majority of people, the police uniforms is barrier in establishing rapport. To many, the uniform is intimidating.\
RAPPORT
He must possess the qualities of an actor, salesman and psychologist and know how to use the power of persuasion.
ACTING QUALITIES
use of reasons
Rationalization
this is the most difficult subject to deal with. Find out the reasons of his personality such as: Trauma, shock, fear, hatred and others.
REFUSAL TO TALK WITNESS
CLASSIFICATION OF INFORMATION AS TO SOURCES:
a. REGULAR SOURCES
b. CULTIVATED SOURCES
c. GRAPEVINES SOURCES
Fast breaking cases, such as kidnapping, can be aided by the investigator’s ability to distribute photographs and important details efficiently and quickly.
INTERNET AS SOURCES OF INFORMATION
Is the simple questioning of a person believed to possess information, which are relevant to the investigation of a crime or criminal activities.
INTERVIEW
this hatred maybe due to previous bad experience with rogue members of the police organization.
HATRED AGAINST THE POLICE
What are the methods of obtaining information?
Overt method
Covert method
_________________ founded by Edmond Locard, one of the foremost criminalists in the world.___________ deals with the identification of sweat pores, he proved that pores vary in number, size and position in each individual.
Poroscopy
What are the TYPES OF INFORMATION?
SENSORY FORM
WRITTEN FORM
PHYSICAL FORM
The secret way of obtaining information
COVERT
