CRIMINAL INVESTIGATION Flashcards
It is an art which deals with the identity and location of the offender and provides evidence of his guilt through criminal proceedings.
criminal investigation
refers to the process of collecting information (or evidence) about a crime
criminal investigation
is a logical process of collection and analysis of facts about persons, things and places relative to a crime.
criminal investigation
pplied science that involves the study of facts that are then used to inform criminal trials. A complete criminal investigation can include searching, interviews, interrogations, evidence collection.
Criminal Investigation
is a product created through the process of collecting, collating, and analyzing data, for dissemination as usable information to inform future interventions. Intelligence typically assesses events, locations or adversaries.
Intelligence
provides the knowledge on which to base decisions and select appropriate targets for investigation.
Intelligence
defined intelligence as “the mental abilities necessary for adaptation to, as well as shaping and selection of, any environmental context.
Psychologist Robert Sternberg
It is the simple questioning of a person who cooperates with the investigator.
interview
It is the questioning of a person believed to possess information which is relevant to the investigation of a crime or on criminal activities.
interview
the Golden Rule
Never conduct or let anyone conduct an interview if the interviewer has not gone to the crime scene.
Qualities of good Interviewe
Rapport
Forceful Personality
Knowledge of Human behavior
Conversational tone of voice
Acting Quality
Humility
– the relationship between the interviewer and the interviewee which is conducive to a fruitful result.
rapport
– he must be understanding, sympathetic and without arrogance, vulgarity of expressions and an air of superiority.
FORCEFUL PERSONALITY
– this will help the interviewer to determine the personality and intelligence of his subject.
KNOWLEDGE OF HUMAN BEHAVIOR
his tone of voice must be aimed to establish common interest between him and the subject.
CONVERSATIONAL TONE OF VOICE
– he must possess the qualities of an actor, salesman and psychologist.
ACTING QUALITIES
– he must be courteous, sympathetic and humble.
HUMILITY
It is a form or technique in the conduct of interview upon willing and cooperative witnesses, where they given full opportunity to narrate their accounts.
cognitive interview
REASONS WHY WITNESSES REFUSE TO TALK AND TESTIFY
Fear of Reprisal
great inconvenience
Hatred against police
bias of witness
Avoidance of Publicity
Family Restrictions
Bigotry
THE STAGES OF HANDLING THE INTERVIEW
- PREPARATION
- APPROACH
- WARMING UP
- COGNITIVE INTERVIEW
RULES IN QUESTIONING
ONE QUESTION AT A TIME
2. AVOID IMPLIED ANSWERS
- SIMPLICITY OF QUESTIONS
- SAVING FACES
- YES AND NO ANSWERS
TYPES OF WITNESSES ACCORDING TO THEIR ATTITUDES
KNOW NOTHING TYPE
DISINTERESTED TYPE
DRUNKEN TYPE
SUSPICIOUS TYPE –
TALKATIVE
HONEST WITNESS
DECEITFUL WITNESS
TIMID WITNESS
BOASTING, EGOISTIC OR EGOCENTRIC WITNESS
REFUSAL TO TALK WITNESSES –
is considered as an art because it is not governed by rigid rules or fixed legal procedures but most often based on intuition (logic and tested knowledge, immediately learning or consciousness) and sometimes by chance.
Criminal investigation
because it involves the application of knowledge of forensic science is in the process of identifying, locating, collecting, processing, and/or evaluating physical evidence
CRIMINAL INVESTIGATION
KINDS OF CRIMINAL INVESTIGATION
Investigation while the suspect is under arrest and detention
Investigation where the suspect is at large.
Basic Elements of Criminal Investigation
Recognition
Collection
Preservation
Evaluation
Presentation
involves the efforts of identifying data, including physical things that may provide relevant information regarding the criminal case being investigated.
Recognition
refers to the gathering this identify data or facts, or physical things that are significant to the case under investigation
Collection
is a function that is almost simultaneously performed during the collection stage. It includes the act of keeping the collected pieces of evidence in their true an original form, preventing contamination or destruction of their substantive value.
Preservation
refers to the process of determining the probative value of the evidence. Probative value refers to the strength of the evidence or its worth or weight in successfully establishing a proof that a crime has in fact been committed and that the suspect or accused is the one who is responsible for it.
Evaluation
is primarily manifested in the courtroom. The investigator, with the help of the prosecutor, must be able to present facts and information in a very simple and convenient matter in order to convince the court and other parties involved in the criminal case about the validity and truthfulness of the evidence they are trying to prove or establish
Presentation
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 the increasingly important role in investigation.
Investigation
is considered as an art because it is not governed by rigid rules or fixed legal procedures but most often based on intuition (logic and tested knowledge, immediately learning or consciousness) and sometimes by chance.
Criminal investigation
science because it involves the application of knowledge of forensic science is in the process of identifying, locating, collecting, processing, and/or evaluating physical evidence
Criminal investigations
an investigator must:
Establish criminal act;
Establish the identity of the perpetrator; and
Establish the guilt of the perpetrator
What was/were the crime/s committed? Is it murder or homicide? What about the act of taking the personal properties of B? Is it Robbery or theft?
Establish the criminal act
The identity of A as the perpetrator can be established thru the description of the witness/es in the area, CCTV footage, cartographic sketch, motive, etc.
Establish the identity of the perpetrator
In the above scenario, how can the criminal investigator establish the perpetrator’s guilt? By the pieces of evidence found at the crime scene, testimony of the witness/es and other evidence which may link him to the crime committed.
Establish the guilt of the perpetrator
KINDS OF CRIMINAL INVESTIGATION
Investigation while the suspect is under arrest and detention
Investigation where the suspect is at large.
are 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
Information was taken from records, files from the government or non-government agencies, news items. The bulk of application of this nature are news item. Included also are news or TV broadcast, intercepted radio, telephone messages and stored computer area.
Regular Sources.
Information is furnished by informants or informers.
Cultivated Sources.
When the information is disclosed by the underworld characters such as prisoners or ex-convicts.
Grapevines sources.
Classification of information as to sources
Regular Sources
Cultivated Sources
Grapevines Sources
are similar, in the sense that, they are both ways of obtaining information from a certain suspect or person that has knowledge on the crime.
Interview and Interrogation
The 3-Fold Aims or the Objectives of Criminal Investigation are:
(1) identify the perpetrator;
(2) locate the perpetrator; and (3) provide evidence to prove the guilt of the perpetrator in criminal proceedings.
The three (3) tools of criminal investigation are:
(1) information;
(2) interview and interrogation; and (3) instrumentation.
