Chapter IV CDI
Chapter IV CDI
Chapter IV CDI
In criminal investigation, we have the so-called three tools or sometimes called as the I's of
criminal investigation to include: Information, Interview and Interrogation and
Instrumentation.
INFORMATION
It 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. Psychologist estimate that approximately 85% of our knowledge is
gathered through sight, 13% from sense of hearing and only 2% through the three other
senses.
SOURCES OF INFORMATION
1. Government Records - Police files, NBI files, Bureau of Immigration files,
COMELEC files, files from the local jails and the National Bureau of Prisons and
other government agencies.
2. Private Records- From private offices and business and non-government
organizations.
3. Intercepted Messages- From telephones, cellular phones, radio telecommunications
and other means of communications.
4. Records of the Firearms and Explosive Unit - Concerning licensed holders of
firearms and authorized possessor of explosives.
5. Fire Busting - Tracing the chain of possession of a firearm, from the manufacturer,
distributor, seller and to the last processor and possessor. (Applicable in US, wherein
This could be done through the files of the FBI and other US police agencies.
6. Stored Data on Computers and Cellphones - Only experts must be employed to
retrieve these stored data.
INTERVIEW is the simple questioning of a person who cooperates with the investigator. In
the account of the interview, the witnesses voluntarily give their accounts about the
commission of a crime. Cognitive Interview is a form or technique in the conduct of
interview upon willing and cooperative witnesses, where they are given the full opportunity
to narrate their accounts without intervention interruption and interference from the
interviewer. After the subject has finished his narration, the investigator now subjects him to
the style of direct examination and cross-examination, to clarify the unexplained portions to
arrive at a vivid and complete picture of the testimony.
Question and Answer style of interview are also practiced by some investigators whereby
after each. question by the investigator, the interviewee is required to answer on what he
knows about what is being asked.
INTERROGATION
Interrogation is the vigorous and confrontational questioning of a reluctant suspect
about his participation in a crime; is the process of obtaining an admission or confession
from those suspects which means that the suspect is confronted about his participation in
the commission in an offense. is the act or process of questioning somebody closely, often
in an aggressive manner, especially as part of an official investigation or trial.
Goals of interrogation:
To find out the truth about the crime.
To obtain an admission or confession of guilt from the suspect.
To gain all facts in order to determine the method of operation or modus operandi and
the circumstances of the crime in question.
To collect information that guides investigators to arrive at a logical conclusion.
KINDS OF CONFESSION
1. Extra Judicial Confession - Those made by the suspect during custodial
investigation. Simply explained are that those confessions are made outside of the
Court.
Sec 3, Rule 133, Rules of Court - Extra judicial confession, not sufficient ground for
conviction: An extra judicial confession made by an accused, shall not be sufficient
ground for conviction, unless corroborated by evidence of corpus delicti (body of the
crime.
2. Judicial Confession-Those made by the accused in open Court. The plea of guilt
maybe during arraignment or any stage of the proceedings where the accused
changes his plea of not guilty to guilty.
Sec. 2, Rule 129, Rules of Court states that "Judicial Admission is made by the party in
the pleadings, or in the course of the trial or other proceedings do not require proof and
cannot be contradicted unless previously shown to have been made through palpable
mistake."
IMPORTANT NOTE:
Confessions obtained from the defendant by means of force or intimidation/violence is
NULL AND VOID, and cannot be used against him/her in the trial.
A confession made under the influence of spiritual advice or exhortation is not
admissible. The same through as confession made under the influence of paternal sentiment is
not admissible as evidence.
Phases of interrogation;
a. Planning and preparation - this refers to the interrogator keep himself aware on the
situation and he must observe and analyze the interroge without his knowledge.
b. Approach- in this step, the interrogator should keep in mind to gain rapport with the
subject.
c. Questioning - this is considered the hearth of interrogation. Were all techniques could
apply to obtain information from the subject.
d. Termination- this refers to the ending of the interrogation process, and it should end
in a friendly manner.
e. Recording - this refers to place in document the result of the interrogation, in this
process it is advisable to tape record all conversation.
f. Reporting- this is the end product of the interrogation.
INSTRUMENTATION
This is sometimes called Criminalistics. It is the process of applying instruments or
tools of the police sciences in criminal investigation and detection. This is the use of the
Police Laboratory in the examination of physical evidences.
It is a process of applying instruments or tools of the Police Sciences in criminal
Investigation and detection (the used of Police Laboratory)
It is the application of instruments and the laws of physical sciences in the
investigation and detection of crimes and criminals. This is otherwise known as
CRIMINALISTICS.
Methods of Instrumentation:
1. Polygraph Examination or Lie Detector Test
POLYGRAPHY or POLYGRAPH SCIENCE is the scientific method of detecting
deception using an instrument called polygraph. Some people consider polygraphy as
the new name of lie detection.
POLYGRAPH, A polygraph is a scientific instrument that simultaneously records the
changes in physiological processes of the human body and capable of recording
internal bodily changes, such as blood-pressure/pulse-rates, respiration, electro-
dermal properties of the skin or the Galvanic Skin-Reflex (GSR), which are
indicative of emotional excitement, especially lying, when questioned.
In polygraphy, the SUBJECT refers to the person to be (or being) examined, usually
a suspected criminal. The subject is also called examinee.
The EXAMINER is the expert in polygraph science who uses polygraph instrument
to verify truthfulness of a subject's statement or testimony. Other descriptions for the
examiner are polygraphist, forensic psychophysiologist (FP) and polygraph examiner
(PE).
The REQUESTING PARTY refers to the person or persons who ask for the services
of the examiner to help verify the truthfulness of a subject's statement or testimony.
The requesting party is usually the investigator of the case that requires the
polygraph examination.
POLYGRAPH TEST It is the actual test whereby the reactions of the subject on a
specific stimulus are being recorded using the polygraph instrument is the specific part
of the polygraph examination that transpires from the moment the chart drive
(kymograph) is turned on until it is turned off.
PRE-TEST INTERVIEW is the first official stage of polygraph examination whereby
the subject is informed about the nature of the examination including his rights in
relation to the examination and conditioned to take the test. During pre-test interview,
the subject is conditioned for the next stage of examination known as instrumentation.
INSTRUMENTATION is the stage of polygraph examination whereby polygraph
instrument is actually used while asking questions to the subject. This is also known as
the actual test. It encompasses chart collection and chart analysis.
POST-TEST QUESTIONING refers to the questioning that concludes the examination,
either in the form of post-test interview or post- test interrogation.
What are the objectives of using Polygraph services?
In crime detection and investigation, the common objectives of using polygraph services are
the following:
1. To ascertain if a person (witness/suspect) is telling the truth
2. To locate the fruit/s and/or instruments of the crime under investigation
3. To obtain additional investigative leads to the facts of the case/offense
4. To locate the whereabouts of suspects and wanted persons
5. To identify suspects, witnesses, and/or victims involved in the criminal/civil case
6. To recover valuable information from reluctant witnesses
7. To eliminate innocent suspects
What are principal uses of the plygraph examination
There are 5 main uses of polygraph examination.
1. Aid in investigation of criminal and civil cases
2. Speeds up investigation process
3. Eliminate innocent suspects
4. Pre-employment screening
5. Personnel test for honesty
What are the limitations of the polygraph instruments?
The polygraph instrument is –
1. invaluable investigative aid but never a substitute for an investigation.
2. not a lie detector, it is only a scientific diagnostic instrument.
3. not capable of determining facts, it only records responses of the subject.
4. not 100% accurate or 100% reliable, its accuracy depends on the examiner's competency.
2. Police Photography
Police Photography is the study of the general techniques of photographing the crime scene,
physical evidences, and other circumstances that can be used for law enforcement purposes.
It is a field that focuses on the practical application of photography in police work (law
enforcement operations).
Forensic Photography is that field covering legal application of photography in criminal
jurisprudence and criminal investigation. It is that branch of forensic science, dealing with the
pragmatic
1. study of the fundamental but principles of photography;
2. application of photography in law enforcement; and
3. preparation of photographic evidences needed by prosecutors and courts of law.
Fields of Photography Significant in Police Work
Photomicrography- involves the process of photographing minute objects when
magnified by means of the microscope and enlarged 10 times (10x) or larger
Photomacrography- involves the process of photographing objects that are directly
enlarged at the negatives and magnified up to 9X only
Infra-red Photography- the technique of photographing or recording unseen objects
by means of infra-red light and infra-red film; example is the practice of
photographing charred or burnt materials & overwritten texts
Ultraviolet- Photography the technique of photographing unseen objects by the use
of ultra-violet light and filters; example is the process of photographing overwritten
text and marked money
X-ray Photography- X-ray photography involves the process of photographing or
recording internal structure of the human body
1. Forensic Medicine
Legal Medicine- is the branch of medicine which deals with the application of
medical knowledge to the purposes of law and justice.
Forensic Medicine- is a branch of medical science which deals with the application
of medical knowledge to elucidate legal problems.
Methods of Preserving Evidences:
Photography and sound recording, video, audio, microfilm.
Sketching
Description
Testimony of witnesses/ Preservation in the mind of Witnesses
Manikin Method
Kinds of Witnesses:
Expert Witness the opinion of the witness regarding a question of science, arts or
trade, where he is skilled therein, may be received in evidence.
Ordinary Witnesses- all persons who, having organs of sense, can perceive, the
perceiving can make known their perception to others, may be witnesses.
Medico-legal aspect of Identification.
When an unknown body is found, the following should be noted by the investigator to
facilitate identification:
3. Place where body was found.
4. Time when found
5. Cause of death
6. Time when death occurred
7. Approximate age
8. Supposed profession
9. Description of the body
Points of identification Applicable to both living and death before onset of
decomposition.
1. Occupation mark
2. Race a. color of skin b. feature of face
3. Stature
4. Teeth
5. Tattoo marks
6. Weight
7. Deformities
8. Birth marks
9. Injuries leaving permanent result
10. Moles
11. Scars
12. Tribal marks
13. Sexual organ
14. Blood group
15. Finger prints
Signs of Death
1. Cessation of heart action and circulation.
2. Cessation respiration - for a period not longer than 3-1/2 minutes.
3. Cooling of the body (ALGOR MORTIS) - The fall of temperature of 14-20 degrees
Fahrenheit is considered as a certain sign of death.
4. Insensibility of the body and loss of power to move
5. Changes in and about the eye
6. Loss of cornmeal reflex
7. Clouding of the cornea
Changes in the body following death
1 Stage of Primary flaccidity or stage of muscular irritability -The muscles are relaxed and
capable of contracting when stimulated. The pupils are dilated, the sphincters are relaxed, and
there is incontinence of urination and defecation.
2. Stage of Rigor mortis (post-mortem rigidly or cadaveric rigidity or death struggle of
muscle) -The whole body becomes rigid due to the contraction of the muscles. This develops
three to six hours after death and may last from 24- 36 hours.
3. Stage of secondary flaccidity or decay muscles. The muscles become flaccid, no longer
capable of responding to mechanical to electrical stimulus and the reaction becomes alkaline.
4. Putrefaction or decay
5. Cadaveric lividity or post-mortem lividity
AUTOPSY
Autopsy came from the Greek word autopsia, meaning "seeing with your own eyes."
AUTOPSY (Sometimes Called MEDICOLEGAL EXAMINATION) is the process by
which the PATHOLOGIST or the MEDICO LEGAL OFFICER conducts an
examination on the cadaver to determine the exact cause of death. Autopsy should be
performed at once when there is the slightest reason to suspect the probability of
homicide.
After the autopsy was conducted by a medico- legal officer, a report shall be
accomplished by him to stating the cause of death of the person.
3. Forensic Ballistics
4. Dactyloscopy
DACTYLOSCOPY - is the study of classification of fingerprints as a means of
identification.
from root word Dactyl (dactile)
GREEK word DAKTYLOS meaning FINGER.
SCIENCE OF FINGERPRINTS
is the most positive means of personal identification. It has been found out that the
intricate pattern on the fingers are permanent to individual and never undergo a
natural change., except in the size of the pattern during the life time of individual
Friction skin patterns/designs/ formations appear on the finger tips, palms of the
hands and soles of the feet five (5) months before birth to DEATH.
FINGERPRINTS probability of an individual to have the same fingerprint is 1:64
billion.
DEFINITION OF FINGERPRINTS
As an IMPRESSION:
It is the reproduction of pattern or design formed by the ridges on smooth surface of
the end joint by the fingers or thumb, through the medium of ink or any coloring substance
capable of producing visibility.
As a SCIENCE:
It is the identification of person by means of the ridges appearing on the fingers, on
the palms and on the soles of the feet.
NATURE OF FINGERPRINT AND PRINCIPLES
1. PRINCIPLES OF CONSTANCY - Fingerprint ridges are formed during the third to
fourth or sometimes fifth month of fetal development. These ridges consist of
individual characteristics called ridge endings, bifurcations, dots ad many ridge shape
variances.
This principle was proven by Sir William James Herschel whose fingerprint had been
recorded in the span of almost 57 years in a different event and age of his life.
2. PRINCIPLES OF INDIVIDUALITY - no two fingerprints of different person or the
neighboring finger of the same person have ever been found to be identical or exactly
80 Fundamentals of Investigation and Intelligence alike in all respects, and it has been
studied and proven that ridges appearing in fingerprints of a man wherein it has been
used as an infallible means of identification.
3. Principles of Infallibility Fingerprint- fingerprints is exempt from error of
judgment. Mans fingerprints cannot be forged. Criminals have tried to destroy their
fingerprints in an effort to fool Justice, even if they cut his finger with a razor, or
knife, time brought new ridge to the surface. True, there were scars in the lower layer
of the skin, but the patterns were so distinct that when classifying will show positive
identification of the its real identity.
DOCUMENT
Is any material which contain marks, symbols or signs either visible, partially
visible or invisible that may presently or ultimately convey a meaning or message to
someone. Pencil or ink writing, typewriting or printing on paper is its most usual form.
QUESTIONED DOCUMENT
- Any document about which some issue has been raised or under scrutiny, with respect
to its genuineness and its origin.
Holographic Document refers to any document completely signed and written by one
person.
Graphology refers to the study of handwriting to determine one personality trait. This
is not part of handwriting analysis and is not I considered a science.
Albert S. Osborn, considered as the "Father of Questioned Documents published his
work Questioned Documents in 1910. In 1935, the Lindbergh baby kidnapping case,
State vs. Hauptmann Osborn proved in court as an expert witness that the accused
Bruno Richard Hauptmann had written all of the ransom notes found or sent after the
abduction of the son of Charles A. Lindbergh leading to the conviction of the accused.
Questioned document examination principally covers:
- Identification of seal, stamps and other authenticating devices.
- Examination of handwriting which includes signatures and handwriting for the
purpose of determining authorship their genuineness.
- Examination of type prints and typewriting for the purpose of determining their source
or genuineness
- Detection of alteration
- Restoration of obliterated writing
- Decipherment of erased writing
- Determination of age of documents.