CDI1PRELIM

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 18

Criminal Investigation

· Is a legal inquiry caused by complaint and it is conducted to follow-up, examine, trace,


track and search the facts concerning the commission of a crime through patient, step-by-step
and meticulous observation (Sadili and Pena 1998).

INVESTIGATE (Merriam–Webster Dictionary)


“The word investigate is derived from the Latin word “vestigare” meaning to track or trace, a
derivation easily related to police investigation.”

CRIMINAL INVESTIGATION AS A LEGAL INQUIRY covers the identification of suspect and


the circumstances of the crime by careful evaluation of all variable pieces of evidence until the
perpetrator is brought to bar of justice, and the innocent relieved from any false accusation.

NATURE OF CRIMINAL INVESTIGATION

 SCIENCE

Modern day criminal investigators often apply scientific knowledge, based on fixed principles.
(Rigid rules)

 ART

According to Hans Gross, criminal investigation is 95% perspiration, 3% inspiration and 2%


luck.
Investigators should not only depend on inspiration or luck or else they will fail 95% in their
investigation. 100% effort must be exerted because inspiration or luck may never come in his
way.

 PROCESS

Since it requires patient, step-by-step (systematic) and meticulous (careful and thorough)
examination of something or somebody in relation to a criminal incident

VARIOUS TECHNIQUES TO IDENTIFY AND LOCATE THE PERPETRATOR


· Emotional Appeal
Placing the subject in the proper frame of mind.
· Sympathetic Appeal
The suspect may feel the need for sympathy or friendship.
· Kindness
The suspect will confess if he is treated in a kind and friendly manner.
· Extenuation
The investigator does not consider his subject’s discretion a grave of offense
· Shifting the Blame
The interrogator makes clear that the subject is not fond of getting involved in a crime
FIVE FUNDAMENTAL FUNCTIONS ON INVESTIGATORS
· Identification
Identification and recognition of facts, information, evidence, etc
· Collection
Collection of facts, information, information, evidence etc
· Preservation
Preservation of Forensic value (legal integrity
· Evaluation
Evaluation of collected evidence and the case
· Presentation
Presentation of evidence and criminal case

Mode
· A manner of acting or doing
· Method
· Preferred way of doing
· A particular type or form of something

Reactive Mode
- Upon filing of the criminal complaint
- Address the crime that has already been committed
Proactive Mode
- Self-initiation by concerned or directly involved police personnel
Preventive Mode/Response
- Once the police have become aware of a crime in progress.
- Prompt arrest; aggressive prosecution; immediate justice

ANATOMY OFCRIME
· Motive
refers to the reasons or causes why a person or group of persons perpetrate a crime.
· Instrumentality
It is the means or implement used in the commission of the crime.
· Opportunity
Consists of the acts of omission and/or commission by a person (the victim) which unable
other person or group (the criminals/s) to perpetrate the crime.
The Three Tools of Crime Investigation
Information
Interview and Interrogation
Instrumentation

Information
- Is the data gathered by the investigator from other person including the victim
himself/herself, witness, suspect and from public record, private records, and modus operandi
files. (mode or style of committing a crime)
- One who supplies linguistics data in response to interrogation is called INFORMANT or
INFORMER (ASSET)
DISTINCTION BETWEEN THE INFORMANT AND INFORMER INFORMANT
Ø Informant
- is any person who furnishes the police and information relevant to a criminal case about
the activities of a criminal or a syndicates. The informant did not receive any reward.
Ø Informer
Is any person who gives or furnishes the information to the police with a reward.
Ø Confidential Informant
Is any person who does not want to be identified and provide the police with confidential
information concerning a past crime or a planned crime.
Classification as to Information Sources
Ø Regular Sources
Records, files from government or non-government agency, news item, TV broadcast,
intercepted radio, telephone messages and stored data.
Ø Cultivated Sources
Information furnished by informants or informers.
Ø Grapevine Sources
When the information is disclosed by the underworld, such as prisoner or ex-convict.
ALTERNATIVE SOURCES MAY BE CATEGORIZED INTO
Ø Primary Sources
Refers to the informant who can testify only those facts which he knows, and are derived from
his own perception.
Examples:

Eyewitness, victim, Offended party and/or the suspect/s.

Ø Secondary Sources

Refers to the informant whose declaration is within the domain of the hearsay rule, hence,
inadmissible as evidence in court.
Note!

Anybody can be an informant but not all informants are competent or their declaration is
relevant and material to the case being investigated.

Can a mere suspicion be a basis of an arrest?

Dictionary define suspicion as being the imagination of existence of something without proof,
or upon very slight evidence or upon no evidence at all.

Planning the Collection Effort

Intelligence planning is a continuous process. Based on analysis of the planning task, periods
are established for the completion of certain task before the plan is further developed.

A. Determination of Intelligence Requirements

Priority Intelligence Requirements (PIRs) or Essential Elements of Information (EEs)

- Those intelligence requirements for which a commander has anticipated and stated priority
in his task of planning and decision making.

Others Intelligence Requirements OIRs

- Those items of information regarding the enemy in his environment which needs to be
collected and processed in order to meet the intelligence requirements of the commander.

Specific Order Request (OIRs)

- Product of requirement analysis that required collection units or agencies in the form of
orders and request.

B. Determination of Intelligence Priority

C. Determination of Intelligence indicators/determination of those enemy activities or


characteristics of the of which could indicate the answer to the intelligence requirements and
to determine the specific items of information.
D. Determination of intelligence specific order or requirements/selection of collection agencies
to be employed, and issuance of necessary orders and request for information.

E. Determine the collection agencies together with the time and place the information is to be
reported/supervising the execution of orders and request.

Collection of Information

Systematic exploitation of sources of information by collection agencies and delivery of the


information obtained to the proper intelligence unit or agency.

Police Information and Collection Activities’

Routing Patrol
Surveillance
Criminal Investigation
Search and Seizures
Check points
Interrogations
Interviews and Elicitation
Source of information – is any person, object or record used by an investigator in conducting
an investigation.

Types of Source Information

a. OPEN SOURCE – those that are obtain without r resorting special effort or clandestine
operation.

b. NON-OPEN SOURCE – those that are obtained openly as above.

Kinds of informer

a) Common or Ordinary

b) Confidential

Kinds of informant
a) Confidential d) Special

b) Voluntary e) Anonymous

c) Involuntary

Use of Informant

a. Maximum Benefit – the use of informant should benefit the entire organization, not only by
one officer/investigator.

b. A designated executive should aware of the identity of the informer (asset), at least two (2)
individuals in the law enforcement agency should know the identity of the confidential
informant.

c. Consider a program within your respective commands for the development of informants.

Processing of Information

Steps involving in the processing of information:

A. RECORDING – writing of graphical representation and arranging of information into groups


or related items.

Means of Recording information

Intelligence Journal – chronological log of activities covering 24 hours


Intelligence Workbook – aid in sorting, evaluating and interpreting an information
Enemy Situation Map –graphic representation of the current enemy situation
Order of Battle Records/ Watch List
Coordinate Register
Identification Files – files of personalities in crimes, location of illegal and suspected activities.
B. EVALUATION– determination of the pertinence, reliability and accuracy of the information.
Pertinence – determination of the area of the operation and who needs it, if so by whom and
when.

Reliability – determination of the sources of information by which it was collected and


evaluated.

Accuracy – Probable truth of the information

C. INTERPRETATION OF ANALYSIS – determination of the significant information.

Activities involved in Interpretation of information:

1. Assessment – sifting, sorting of evaluated information to isolate insignificant elements.

2. Integration – combination of elements isolated in analysis with other known information


to form a logical picture or hypothesis.

3. Deduction – design to answer the question “What does this information mean to relation
to the enemy situation, weather area or operation?”

Dissemination and Use of Information

Considerations:

a) Timeliness

b) Propriety

Methods of Dissemination

a) Personal Contact – conferences, briefing, person to person exchanges

b) Messages – couriers secured electrical means

c) Intelligence Document such as:

1. Intelligence reports
2. Intelligence summaries

3. Imagery interpretation reports

4. Documents analysis reports

5. Periodic intelligence reports

6. Tactical interrogation reports

7. Technical intelligence reports

8. ORBAT handbook

9. PACREP

10. Intelligence annexes


Intelligence Report Writing

- Is one of the most important aspects of intelligence works. Therefore, systematic reports will
achieve the very purpose of obtaining intelligence information to know the enemy.

Values of Intelligence Report

- Intelligence Report are vital in intelligence work. They are considered as the “life blood” of
the intelligence process because it is the intelligence information that reaches the users.

Intelligence Report writing involves three (3) basic steps: Preparation/Planning, writing and
finalizing

Preparation/Planning – This involves organizing of the information and identifying the main
ideas that will support the central theme.

Writing – This involves converting of information gathered into written form. It starts with
making drafts of the report by writing down the bulk of the information.

Finalizing/Editing – the stage where the concentration is on the sentence structure and
evaluating what the report is saying.

Guiding Principles in Intelligence Report Writing

In writing an intelligence report, always ask yourself this question:

“Am I disseminating or communicating intelligence?”

Because Intelligence report writing entails a great responsibility. It is therefore, important for a
writer to consider some principles in doing his job.

Qualities of a Good Report

Accuracy – the report should be a true representation of FACTS based on the information
gathered by the operative.

Brevity – the report should not contain too much information. Include the most significant
information needed.

Clarity and completeness – the report must include relevant information that answers the
5’Ws and 1H questions.

COMMON INTELLIGENCE PRODUCTS AND THEIR FORMATS

A. COMMON PARTS OF INTELLIGENCE REPORT

CLASSIFICATION

REPORT NUMBER
• An individual number that is assigned to each report.

DATE OF REPORT

• Date of report is written.

DATE OF INFORMATION RECEIVED

• Date of information was received.

LOCATION AND SUBJECT

• Place where the information is about and conveys what information is about.

EVALUATION AND SOURCE

• This is not the source’s name, or the code name. It is the statement that gives the reader
some idea of the source.

B. DAILY INTELLIGENCE BRIEF – a daily journal of all collated intelligence report gathered
by a unit. It also includes the different incidents that transpired in the area.

C. INFORMATION TRANSMITTAL SHEET – a report containing a summary of information


transmitted to specific user of information

D. PRIORITY INFORMATION REQUIREMENT– information needed to address priority


requirements that will serve as the basis for action.

E. SPECIFIC REQUESTS/ORDER– a set of request/ orders given to intelligence units in


order to identify information gaps and answer specific information inquiries.

RECORDING

A. GENERAL

The recording means used must be adequate to handle and to serve the needs of those who
must have access to it.
Commonly aids currently used in recording are the following:
a. Intelligence Journal

b. Intelligence Map

c. Intelligence Workbook

d. Intelligence Files

e. Coordinate Register

B. JOURNAL

- The journal is a permanent chronological record of reports and messages that have been
received and transmitted of important events that have occurred, and of actions taken in
response, covering a stated period usually 24 hours.
C. SITUATION MAP

- The purpose of intelligence situation map is to contribute sound decisions.

D. THE INTELLIGENCE WORKBOOK

- The purpose of intelligence situation map is to contribute sound decisions.

E. INTELLIGENCE FILES

- These files are ready to access to look for the available information

F. COORDINATE REGISTER

- This is a recording device primarily designed to provide the intelligence files and workbook
maintained at a higher echelon

Order of Battle Intelligence

• Order of Battle (ORBAT) is the identification, strength, command structure and


disposition of personnel, unit and equipment of any threat force.

• In general, ORBAT intelligence specialist is responsible of all information concerning


threat forces.

RELATIONSHIP OF ORBAT TO OTHER INTELLIGENCE

A. Intelligence id developed in many fields outside the scope of ORBAT, but all intelligence is
ultimately related to it.

B. Enemy intelligence organizations are primary interest to counter intelligence, but as a part
of military organization, they are also interest to ORBAT Battle analyst, SIGINIT contribute to
the development of ORBAT and other information.

ORBAT ELEMENTS OF FACTORS

1. Composition

• It is the identification and organization of unit.

2. Disposition

• Refers to geographical area or position occupied by a unit.

3. Strength

• Describes a unit of force in terms of men, weapons and equipment.

4. Tactics

• In ORBAT includes tactical doctrines as well as the tactics employed by a unit

5. Training

6. Logistics
7. Combat Effectiveness

8. Personalities

9. Electronic Technical Data

10. Miscellaneous Data

Dissemination and Use of Intelligence and Information

I. DISSEMINATION – is defined as the timely conveyance of information and/or intelligence in


appropriate form and by suitable means to those who need it. The primary purpose of timely
dissemination of intelligence is to enable the commander to make decision with confidence;
secondary purpose is to provide knowledge in the light of which new information may be
processed. Intelligence used in the same manner at all echelons

Dissemination of intelligence information usually made by the following:

- Personal Contact

- Oral reports

- Briefing

- Written reports

II. SPOT REPORTS – are one-time reports used by all echelon to transmit intelligence or
information of immediate value.

III. INTELLIGENCE REPORT (INTREP) – is a standardized intelligence report which based


upon its important and disseminated without regard to a specific schedule.

IV. SUPPLEMENTARY INTELLIGENCE REPORT (SUPINTREP) – is a comprehensive


review concerning information on one or several specific intelligence targets

V. INTELLIGENCE SUMMARY (INTSUM) – contains a brief summary of information of


intelligence interest covering a period of time designated by commander.

VI. PERIODIC INTELLIGENCE REPORT (PERINTREP) – is a summary of intelligence


situation for specified period, normally 24 hours in a tactical situation. The PERINTREP is a
means of disseminating detailed information and intelligence.

VII. INTELLIGENCE INTERROGATION AND TRANSLATION– it reports a summarize results


of the interrogation of POW’s civilian detainees or refugees, and translation or summaries of
captures enemy documents.

Interview and Interrogation

INTERVIEW AND INTERROGATION are one and the same creatures in interrogation. Both
are by oral and therefore unwritten. Both are preliminary inquiries that may ripen to written
interrogation. Both have common thrust and purpose to determine whether the witness is
credible or incompetent, or whether one is purveyor or truth or peddler of lies.

INTERROGATION

- The rigid and skillful questioning of a person suspected of having committed an offense.
A friendly and sympathetic questioning is called INTERVIEW. If the questioning is
hostile, the preferred term is INTERROGATION.

Requirements for a Good Interview and Interrogation

Know all the available facts of the case.


Know all the applicable law (and court decisions interpreting that law.)
Go to the crime scene and have the first-hand knowledge to check, among others, on the
veracity of an alleged eyewitness.
For complicated cases, prepare a checklist of questions to be asked.
Schedule your interview and interrogation on a date and hour when it will not conflict with your
other activities.
Be sure you have enough sleep and are relaxed at the time of the interview or interrogation.
Select the right place. The best place is your own turf (your office).
Observe proper sequence and timing.
Observed privacy. Keep out unnecessary persons.
Resort to tested methods of making one talk.
A preliminary interrogation where you point out lies or inconsistencies after every false
answer of a suspect is a softening processes to breakdown his resistance. It gives him an
impression that you know already the facts and that the only purpose of questioning him is to
see if he will tell the truth.

Field Inquiry – it is the general questioning of all persons who were present at the scene of
the crime. There is no need to warn the person being interviewed about RA 7438 (Custodial
Investigation) considering the fact that is not part of custodial processes.

PURPOSE OF INTERROGATION

Ø To obtain information concerning the innocence or guilt of a suspect

Ø To obtain a confession to the crime from a guilty suspect

Ø To induce the suspect to make admissions

Ø To know the surrounding circumstances of a crime

Ø To learn the existence of location of physical evidence such as documents or weapons.

Ø To learn the identity of the accomplices/accessories

Ø To develop information leading to the fruits of the crime

Ø To develop additional of any other crime in which the suspect participated.


TACTICAL INTERROGATION
The art of questioning and examining a source to obtain usable information in the shortest
possible time. It involves the interaction of two (2) personalities – the source and the
interrogator.
PRINCIPLES OF INTERROGATION
A. OBJECTIVE - Each interrogation must be conducted for a definite purpose. Interrogator
must keep his objective in his kind as he proceeds to obtain the maximum amount of usable
information to satisfy the requirements thus, contribute to the accomplishment of the mission.
B. INITIATIVE - Initiative must rest with the interrogator throughout the entire session.
C. ACCURACY - Interrogator must make every effort to obtain accurate information from the
source. He must be certain that he understands the source correctly by repeating questions at
a varying interval.
D. SECURITY - The interrogator by virtue of his position possesses much classified
information. He must be constantly aware that his job is to obtain information, not impart to
the source.
E. PROHOBITION AGAINST THE USE OF FORCE - The use of force, mental torture,
threats, insults or exposure to unpleasant and inhumane treatment of any kind prohibited by
the law and no authorized or condoned by the PNP.
INTERROGATOR’S PERSONAL QUALITIES
1. MOTIVATION – he should look forward to start the interrogation and must be content with
the source will cooperate. He must have the will to do his job.
2. ALERTNESS – he must aware of the shifting attitude that normally characterize a source’s
reaction to interrogation. He must note the source’s every gesture, word and voice inflection.
3. PATIENCE AND TACT – this quality assist in creating and maintaining favorable
atmosphere between him and the source thereby enhancing the success of the interrogation.
4. CREDIBILITY – failure to produce material rewards when promise may affect future
interrogations, thus the interrogator must maintain credibility with the source.
5. OBJECTIVITY – he must have the ability to maintain a dispassionate attitude regardless of
emotional reactions he may actually experience or which he may stimulate during the
interrogation.
6. SELF- CONTROL – he must have the exceptional degree of self-control to avoid display
genuine anger, irritation, sympathy or weariness.
7. ADAPTABILITY – he must be able to adapt himself to many varied personalities, which he
will, where he can smoothly shift his techniques and approaches. He must be able to adapt
operational environment since he will, in certain cases be required to function under a variety
of unfavorable physical condition.
8. PERSEVERANCE – a tenacity of purpose will make the difference between good and
superior interrogator.
9. APPEARANCE AND DEMEANOR – a neat, organized and professional appearance will
favorably influence the source. A firm, deliberate and businesslike manner of speech and
attitude will create a proper environment for the conduct of a successful interrogation.
SOURCES
· Internees
· Prisoner of War
· Detectors
· Refugees
· Agents
· Suspected Agents
· Criminals
· Witnesses

CATEGORIES OF SOURCES
· Cooperative and Friendly - Offers a little resistance and speaks freely at almost any
topic broached.
· Neutral and Non-Partisan - Cooperative to a limited degree answer questions that is
asked directly, but seldom volunteers’ information.
· Hostile and Antagonist - Refuse to talk and offers a real challenge to interrogator.
Types of Interrogation
DIRECT – source is aware that he is being interrogated but may not learn the true objective of
the interrogator,
likened to cross-examination in court. This type of is less time consuming, thus frequently
used.
Example: Interview
INDIRECT – obtaining information through deception extracting usable information from a
source without
realizing he is under interrogation. This requires careful planning, extreme discretion and
skillful application.
This method is frequently employed at the higher echelons with selected sources that are
thought to possess
valuable information.
Interrogation Techniques
 Direct Approached
No effort to conceal the purpose of interrogation
 File and dossier
The interrogator prepared a dossier containing all valuables information about the source
organization
 Futility Technique
The interrogator convinces the source the futility of resistance. Interrogator must be aware of
the source’s
psychological and moral weaknesses.
 “We know all”
This technique may be employed in conjunction with the file of dossier or by itself. The
interrogator must be
thoroughly familiar with the available data concerning the source.
 Rapid Fire Technique
This technique involves a psychological ploy
Incentive Technique
This technique is based on the application on direct physical discomfort upon a hostile source
but lacks will
power. The source may display fondness of luxury items as he may give or withhold such
items at his
discretion.
 Repetition Technique
Used to introduce to cooperation to a hostile force. In one variation, interrogator listen
carefully and then
repeat both question and answer several times.
 Mutt and Jeff technique
Psychological ploy that takes advantage of natural uncertainty of the source.
 Pride and Ego Technique
The strategy of this technique is to trick the source into revealing desired information by
goading or flattering
him. This is effective with sources that displayed weakness of feeling inferiority.
 Silent technique
This is employed against nervous or confident source by interrogator by saying nothing and
looking squarely
in the eyes with a slight smile.
 Change of scene
The idea in using this approach is to get the source away from the atmosphere of
interrogation setting, and
maybe well effective to those who are apprehensive or frightened types.
 Established your identity
Interrogator insists that source was positively identified and wanted by a higher authority on
very serious
charges.
 Emotional technique
Through observation, interrogator identify the dominant emotions that can motivate the source
like greed,
love, revenge, hate or one of the many human emotions.
 Emotional Appeals
Place the subject in a proper frame of mind. The investigator should provide emotional stimuli
that will prompt
the subject to unburden himself by confiding
 Sympathetic Approach
The suspect may feel the need for sympathy or friendship. He is apparently in trouble.
Gestures of friendship
may win his cooperation.
 Kindness
The simplest technique is to assume that the suspect will confess if he is treated in a kind and
friendly manner.
 Extenuation
The investigator indicates he does not consider his subject’s indiscretion in a grave offense.
 Shifting the blame
The interrogator makes clear his belief that the subject is obviously not the sort of person who
usually get
mixed up in a crime like this.
Criminal Interrogation
Types of offenders and approaches to be used in dealing with them:
a. Emotional offender has a greater sense of morality. They easily feel remorse over what
they have
done. The best approach in interrogating this type of offenders is the sympathetic approach.
b. Non-emotional offenders normally do not feel any guilt so the best way to interrogate them
is
through the factual analysis, that is, by reasoning with the subject and letting him know that
his guilt
has already been, or will soon be established.
Interrogation of suspect whose guilt is decline or reasonably certain:
a. Maintain an attitude which shows that you are sure of yourself when you conclude that the
subject
is indeed guilty.
b. The subject should be made aware of the fact that the interrogator knows information
indicating his
guilt and that the interrogator is not merely “fishing” for evidence.
c. Sympathize with the subject by telling him that anyone else under similar conditions or
circumstance
might have done the same thing.
d. Reduce the subject’s guilt feeling by minimizing the moral seriousness of his offense.
e. In order to secure the initial admission guilt, the interrogator should suggest possible
reasons,
motives or excuses to the subject.
f. Sympathize with the subject.
g. In encouraging the subject to tell the truth, display some understanding and sympathy.
h. Point out the possibility of the exaggeration, have the subject situated himself at the scene
of the
crime or in some sort of contact with the victim of the occurrence.
i. Early in the interrogation, have the subject situate himself at the scene of the crime or in
some sort
of contact with the victim of the occurrence.
j. Seek an admission of lying about incidental aspect of occurrence.
k. Appeal to the subject’s pride by well- selected flattery or by a challenge to his honor.
Flattery is
especially effective on women subjects.
l. Point out the uselessness of lying.
m. Point out to the subject the grave consequences and futility of a continuation of his criminal
behavior.
n. Rather than a seek general admission of guilt, first, ask the subject a question regarding
some detail
of the offense, or inquire as to the reason for its commission.
o. When co-offenders are being interrogated and the previously described techniques have
been
ineffective, play one against the other.
Topical Sequence in Interrogation
A. Source’s Duties
- normally, the first topic for questioning should be concerned with determining the current
duties activities
being performed by the source.
B. Sources mission or MO
- clues obtain from this will help the interrogator to determine their activities prior to the
information
C. Immediate area information
- the source will be most familiar with the activities, locations, or disposition of members of
their groups or
of those he infiltrated in.
Supporting information
- everything the source contributes to the overall situation should be reported.
E. Hearsay information
- rumors and hearsay, may provide valuable information, however they must be labeled as
such in the
report.
F. Conclusion
- as a final step to the interrogation the interrogator should obtain additional conclusions,
statements,
observations or evaluations from an especially qualified source
Termination of Interrogation
1. If the source is sick, elderly or wounded, the interrogator may be forced to terminate the
session or
discontinue it until a later time.
2. The amount of information possessed by the force maybe so great that several sessions
maybe
necessary to obtain all desired information
3. Attitude of the source may indicate termination or postponement. He may become bored or
refuse
to cooperate.
4. All questions were answered and requirements satisfied
5. Interrogator loses initiative and decides to postpone the session.
Interrogation of Suspect whose Guilt is Uncertain
1. Ask the subject why is he being questioned.
2. Ask the subject to relate all he knows about the crime, the victim, and the possible
suspects.
3. Obtained the subjects detailed information about his activities before, during and after the
occurrence under investigation.
4. Where the certain facts suggestive of the subject’s guilt are known, ask him about him
rather
casually and as though the real facts were not already known, to give the subject an
opportunity in
lie.
5. At various intervals, ask the subject certain pertinent question in a manner which implies
that the
correct answers are already known.
6. Refer to some non-existing incriminating evidence to determine whether the subject will
attempt to
explain it, if he does, that is an indication of guilt.
7. Ask the subject whether he ever thought committing the offense or one similar to it. If the
subject
admit that he had thought about committing it, this fact is suggestive of his guilt.
8. In the theft cases, if the suspect offers to make restitution, that fact is indicative of guilt.
9. Ask the subject whether he is willing to take a lie-detector test. The innocent person will
almost
always immediately agree to take practically any test to prove his innocence, whereas the
guilty
person will refuse or backing out of his commitment.
Safeguard when Questioning a Hostile Witness
General suggestion regarding the interrogation of criminal suspects
a. Interview the victim, the accuser, or the discoverer of the crime before interrogating the
suspect.
b. 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.
c. Make no promises when asked, “What will happen to me if I tell the truth?” A promise of
leniency
or immunity may induce and innocent man to confess.
d. View with skepticism the so called conscience-stricken confession.
e. When the subject has made 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

THE GOLDEN RULE OF INTERROGATION


Make him admit something, no matter how small or trivial. Usually the first admission will lead
to
another. In securing the first admission is the biggest stumbling block in dealing with tough
suspect.

You might also like