Investigation Flashcards
In responding to the crime scene, what must be taken into consideration by a policeman?
Every policeman, in responding to the crime scene, must not forget to save life first. Apprehension to criminals and preservation of evidence are the next priorities.
What is custodial investigation? What are its requisites?
Custodial investigation is any questioning initiated by law enforcement officers after a person has been taken into custody of otherwise deprived of his freedom of action in any significant way.
It shall include the practice of issuing an invitation to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the inviting officer for any violation of law.
The requisites of custodial investigation are as follows:
a. The questions being asked are no longer general inquiry; and
b. The person being questioned is considered as a suspect in the crime committed
What is the meaning of general inquiry?
General inquiry is a question that maybe asked to any person. Some examples of this are as follows:
a. What is your name?
b. How young you are?
c. Are you single?
In case of homicide, a policeman is interviewing a person to determine if that person can identify the suspect. Is there custodial investigation in this case?
None yet, there is no custodial in this case. This is because the person being investigated is not yet considered as a suspect in the crime committed. This is true even if in truth the person being investigated is the one who committed the crime.
What if a person is already considered as a suspect so he is being investigated inside his own house and the purpose of said investigation is to determine his participation in the crime committed, is there custodial investigation?
Yes, there is custodial investigation. This is because the determining factor in the existence of custodial investigation is whether or not the requisites of custodial investigation are present. The place of conducting investigation is not a determining factor.
What are the three tools or I’s of criminal investigation?
The 3 I’s are the following:
a. Information I the knowledge which the investigator gathered and acquired from the person. Take note: the term information as defined in this discussion is different from the information defined in the prosecution stage. Information, as defined in the prosecution stage is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed in court.
b. Interrogation is a 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. Interview is the questioning of a person who is believed to possess knowledge that is of official interest to the investigator. The person being questioned usually gives his account of an incident under investigation or offers information concerning a person under investigated in his own manner and words.
c. Instrumentation is the application of instruments and methods of physical science to the detection of crime.
What are the rights of persons under custodial investigation?
The rights of persons under custodial investigation include the following:
a. Right to be informed of his rights to remain silent;
b. Right to have a competent and independent counsel preferably of his own choice or to be provided with one.
c. Rights against torture, force, violence, threat, and intimidation or any other means which vitiates his free will
d. Rights to be held in secret, solitary, incommunicado, or any other similar forms of detention
The person under investigation for the commission of an offense shall have the right to waive his rights to remain silent and his right to have a counsel provided:
a. Right to be informed of his rights to remain silent;
b. Right to have a competent and independent counsel preferably of his own choice or to be provided with one.
c. Rights against torture, force, violence, threat, and intimidation or any other means which vitiates his free will
d. Rights to be held in secret, solitary, incommunicado, or any other similar forms of detention
The person under investigation for the commission of an offense shall have the right to waive his rights to remain silent and his right to have a counsel provided:
a. The waiver is done voluntarily;
b. Done intelligently;
c. In the presence of a competent and independent counsel and in writing.
What if the rights stated in the preceding question are not complied with?
If the rights as stated are not complied with by the investigating officer, any admission, confession, or any evidences obtained during investigation will be inadmissible in any proceeding. This is known as the “Doctrine of the fruit of the Poisonous Tree”. This doctrine states that any evidences illegally obtained is not admissible in any proceeding. In addition, the investigation officer may also be charged criminally, administratively, and/or civilly.
NOTE: If the investigating official is not a police officer, there is no need for him/her to state the rights of persons under investigation for the commission of an offense. These rights are being informed to a person being investigated only if the investigating officer is a law enforcer.
True
Difference between Confession and Admission.
Confession is the direct acknowledgement of guilt while admission is the indirect acknowledgement of guilt. An example of confession is that if the accused acknowledged that he was the one who committed the crime. An example of admission is that if the accused acknowledged that he owns the tools used in committing the crime but denies the actual commission of the crime.
Kinds of Confession and Admission:
Extra-judicial Confession/ admission – are those made outside of that.
Crimes that may be committed by a policeman while conducting custodial investigation.
A. Violation of Paragraph a (1), section 3 of RA 7438 – is committed by any arresting public officer or employee, or any investigation officer, who fails to inform any person arrested, detained, or under custodial investigation of his right to remain silent and to have competent and independent counsel preferably of his own choice.
Crimes that may be committed by a policeman while conducting custodial investigation.
B. Violation of Paragraph a (2), section 3 of 7438 – is committed by any arresting public officer or employee, or any investigating officer, who fails to provide a competent and independent counsel to a person arrested, detained of under custodial investigation for the commission of an offense if the latter cannot afford the services of his own counsel.
