3. Course Description
This course provides emphasis on the Constitutional rights
of person arrested, place under investigation, search and
seizure. It takes on the conduct of interview and
interrogation of suspects, person of interest and witnesses
and simulation on the different crimes against person,
economic crimes and other special laws on transnational
crimes. The evidence required and the report writing.
4. Course Outline
1. Review on arrest, search, raid and custodial investigation
and other relevant topics in Fundamentals of Criminal
Investigation.
2. Extra-judicial confession versus extra judicial admission
and the legal requirements.
3. Legal differences versus interview
4. Interrogation techniques, type of subjects under
interrogation
5. Psychological symptoms of guilt. Theory of Lie, Kinds of
Lie, and types of Lies.
6. Different methods in detecting deception.
5. What is Special Crime Investigation
Special Crime Investigation is consisting of special
investigative techniques. It concentrates more on physical
evidence, its collection, handling, identification and
preservation in coordination with the crime laboratory.
Applied to the criminal realm, a criminal investigation
refers to the process of collecting information (or
evidence) about a crime in order to:
a) determine if a crime has been committed;
b) identify the perpetrator;
c) apprehend the perpetrator; and
d) provide evidence to support a conviction in court.
6. Arrest
1) seize (someone) by legal authority and take into custody.
2) Arrest is the actual restraint of the person to be arrested or by his
submission to the custody of the person making the arrest. No
violence or unnecessary force shall be used in making an arrest,
and the person to be arrested shall not be subjected to any greater
restraint than is necessary for his detention.
3) OTHER WORDS FOR ARREST, detention, apprehension,
imprisonment. stoppage, halt, stay, check.
4) There are two (2) types of arrests. The one with a warrant and
the one without a warrant. The one with a warrant is actually a
document. A warrant of arrest issued by the Court.
5) What is arrest in law? arrest, placing of a person in custody or
under restraint, usually for the purpose of compelling obedience
to the law. If the arrest occurs in the course of criminal procedure,
the purpose of the restraint is to hold the person for answer to a
criminal charge or to prevent him from committing an offense.
7. Rights of Person Being Arrested
Article III, Section 12 of the 1987 Constitution (also known as the Bill of
Rights) states that any person under investigation for the commission
of a crime or offense “shall have the right to be informed of his right to
remain silent and to have competent and independent counsel
preferably of his own choice.”
8. An arrested person, even if convicted of a crime, has certain
inalienable rights that cannot be deviated from by law-
enforcing authorities such as the police. These include rights to
know grounds of arrest, right to bail, right to fair trial, right
against self-incrimination etc.
What are the rights of persons arrested detained or under
custodial investigation?
Section 1. Any person arrested, detained or under custodial investation
for the commission of an offense shall at all times be assisted counsel
and shall have the right to be informed of his right to re- in sile and to
have a competent and independent counsel, preferably his own choice.
What are the rights of a person detained under RA 7438?
Any arresting public officer or employee, or any investigating 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, shall suffer a fine of
Six thousand pesos (P6,000.00)
9. What is Search
try to find something by looking or otherwise seeking carefully and
thoroughly.
Search and seizure is a procedure used in many civil law and
common law legal systems by which police or other authorities and
their agents, who, suspecting that a crime has been committed,
commence a search of a person's property and confiscate any
relevant evidence found in connection to the crime.
A search involves law enforcement officers going through part or all
of individual's property, and looking for specific items that are
related to a crime that they have reason to believe has been
committed. A seizure happens if the officers take possession of items
during the search.
What is seizure in criminal investigation?
Seizure occurs when the government or its agent removes property from an
individual's possession as a result of unlawful activity or to satisfy a judgment
entered by the court.
10. What are the two types of seizures in law?
The Supreme Court said that there are two types of seizures of
persons. The first type occurs when the police apply physical force
(however slight) and physically seize a person. The second type of
seizure occurs when a person submits to an officers “show of
authority.
What kinds of searches are prohibited?
“unreasonable searches and seizures." In general, this means
police cannot search a person or their property without a warrant
or probable cause. It also applies to arrests and the collection of
evidence.
What is the legal term for seizure?
Forcible possession; a grasping, snatching, or putting in possession.
In Criminal Law, a seizure is the forcible taking of property by a
government law enforcement official from a person who is
suspected of violating, or is known to have violated, the law.
11. Raid
A police raid is an unexpected visit by police or other law-
enforcement officers with the aim of using the element
of surprise in order to seize evidence or arrest the person
being charge before the court for a criminal cases.
What is the purpose of police raid?
A police raid is a law enforcement action on a home or business
suspected of involvement in criminal activity. Police will select an
unusual time of day, and rely on the element of surprise to collect
evidence and arrest suspects before people have a chance to
conceal or destroy materials of interest
Defines a raid as "a sudden appearance by officers for
the purpose of arresting suspected law violators and
seizing contraband and the means and instruments used
in the commission of a crime."
12. Legal Differences Interrogation versus Interview
What is the difference between interrogation and an
interview?
Although the purpose of both interviews and interrogations is
obtaining information, the interview is an informal procedure
whereas the interrogation is formally questioning a person with
information about a suspected crime.
What is the single most significant difference between
interview and interrogation?
Interviews are used in an investigation to gather information —
objective facts — by asking open-ended questions and allowing the
witness to supply the evidence. Interrogations, on the other hand,
are designed to extract confessions where police already have
other concrete evidence connecting the suspect to the crime.
13. What are the 3 principles of interrogation?
PRINCIPLES OF INTERROGATION. Intelligence interrogations are of many
types, such as the interview, debriefing, and elicitation. However, the
principles of objective, initiative, accuracy, prohibitions against the use
of force, and security apply to all types.
Why you would interview rather than interrogate
interviewees?
The interviewer gathers information whereas the interrogator attempts
to obtain a confession; the interview is non-accusatory whereas an
interrogation is more accusatory; The interview is less structured allows
the suspect/client to do most of the speaking, actually about 95% of the
time whereas the interrogation is manipulated by the investigator.
What is the difference between interrogation and interview
Quora?
An interview is simply talking to another person. An interrogation is an
official questioning of a suspect thought to be involved in a crime. An
investigation is when police look for evidence in a crime which may or
may not involve talking to anybody at all.
14. Interrogation techniques, type of subjects under
interrogation
What are the techniques in interrogation?
The method is called Preparation and Planning, Engage and Explain, Account,
Closure and Evaluate (PEACE). Under the PEACE method, investigators allow a
suspect to tell his or her story without interruption, before presenting the
suspect with any inconsistencies or contradictions between the story and other
evidence.
What are the rules of interrogator?
a) Prepare well. The effective interrogator is well prepared. ...
b) Promote a path of least effort. The best interrogators never have to raise
their voice and the session seems to the other person to be less an
interrogation and more a friendly conversation.
c) Be methodical.
d) Be patient.
15. What makes a good interrogation?
A more effective approach is to rely on rapport-based, non-
confrontational interviews. Initiating a conversation through a
discussion of the investigation and the interviewers role, while
developing trust through rapport and allowing the subject to make
more rational decisions can yield great results.
What is the most important aspect of conducting an
interrogation?
Preparation stands as the most important factor in conducting
successful interrogations. Too often, the unplanned approach leads
to interrogation failures.
What are the six main investigative questions?
If you can answer: what, why, who, when, where and how; you
will have a clear and fundamental knowledge of the whole
situation. Within journalism and police investigation the Six W´s of
Investigation are used to gather basic information. If all these
questions are answered; you have the whole story.
16. What are some common interrogation questions?
a) Questioning the Reporter
b) What happened? ...
c) What was the date, time, and duration of the incident or
behavior?
d) How many times did this happen, that you're aware of?
e) Where did it happen?
f) How did it happen?
g) Did anyone else see it happen? ...
h) Was there physical contact? ...
i) What did you do in response to the incident or behavior?
17. Type of Subjects Under Interrogation
How many types of interrogation are there?
There are three types of interrogation: Interrogation that seeks information that
the respondent will freely give, for example of a witness to a crime.
Interrogation that seeks information that the respondent does not want to
divulge, for example in questioning friends of a suspected criminal.
Who is the subject of interrogation?
Interrogation is a process used by law enforcement to obtain evidence in an
ongoing case. The person being interrogated is usually a person of interest in a
crime that has been committed.
What is interrogation in criminology?
interrogation, in criminal law, process of questioning by which police obtain
evidence.
18. Psychological symptoms of guilt. Theory of Lie, Kinds of Lie,
and types of Lies.
Signs of Guilt
a) Being sensitive to the effects of every action.
b) Overwhelmed by possibly making the “wrong” decision.
c) Low self-esteem.
d) Putting others before yourself until it's detrimental.
e) Avoiding your full range of emotions.
How does someone act when guilty?
A guilty person will tends to have more emotionally-charged dialogue with you.
"Someone harboring a guilty conscience may be quick to jump to extreme anger
when questioned," because they are perceiving you as a 'threat,' fight or flight is
activated.
19. What is psychological guilt?
Guilt is an emotional state where we experience conflict at having
done something that we believe we should not have done (or
conversely, having not done something we believe we should have
done). This can give rise to a feeling state which does not go away
easily and can be difficult to endure.
What is the root cause of guilt?
Some common causes of guilt include: surviving trauma or
disaster. conflict between personal values and choices you've
made. mental or physical health concerns.
Does guilt ever go away?
Most people experience guilt. Sometimes it doesn't fully go away.
A person who makes a mistake may continue to feel guilt
throughout life, even if they apologize, fix the damage, and are
forgiven for the harm they caused. Therapy can help address these
feelings.
20. Theory of Lie
What is lie in criminology?
The phenomenon of lying in society generates both crime and
criminal justice. Lying is punished when it amounts to perjury,
fraud, defamation. false pretences or deceit either in advertising
or tax returns. It is tolerated however in diplomacy.
21. Types of Lies.
What are the 2 characteristics of a lie?
Being vague; offering few details. Repeating questions before answering them.
What is a good liar called?
"Machiavellians" are pragmatic liars who aren't fearful or anxious. They are
"scheming but not stupid," explain the authors. "In conversations, they tend to
dominate, but they also seem relaxed, talented and confident."
What are the 6 general kinds of lie?
1) Bold-Faced Lie. With a bold-faced lie, a person tells something that others
know to be a lie.
2) Broken Promises. A broken promise is failing to keep a spoken promise or
commitment.
3) Lie of Fabrication.
4) Lies of Deception.
5) Lying in Exaggeration.
6) Plagiarism.
7) White Lies.
22. Techniques of Interrogation
Interview - done with witnesses and victims , aim to
gathered information and to find out the truth of what
happened. (Investigative)
Interrogation – done with suspects who the police
believed to be guilty, aim to extraction confession.
Incriminating statement, or admission of guilt.
(accusatorial
23. How do Police Extract Confession?
1. Pre text or phone call.
2. Isolation
Small and isolated interrogation room, no window, no destruction, suspects
is fixed while officer is mobile.
3. Rapport building
Asking friendly and non-case related questions, making small talks, offering
food and drinks, highlighting similarities, establishing a behavioral baseline.
4. Waiver of rights
Right of the accused is been presented
5. Open questions
24. 5. Open question
Open-ended, case-related questions to generate information, inconsistencies will
be used against you, lies could be spotted rather by officer.
6. Accusation
7. No denial
You will not be allowed to verbalized denial, attempt will be interrupted,
8. False evidence ploy
9. Themes
Bad theme Good Theme
You did it! You did it by
accident
Its real bad! Offers
justification
10.Confession
Detect surrender position, encourage confession by ceasing confrontation, be
emotionally supportive at this point
26. SPECIAL CRIME INVESTIGATION
is a special study of modern techniques in the investigation of serious and specific crimes including
murder, homicide, rape, abortion, robbery, arson kidnapping, blackmail, car napping and criminal
negligence. The emphasis is on physical evidence rather than an extra judicial confession. Special
crime investigation focuses on specific crimes which by their nature are difficult and complex to
investigate.
27. ABC of INVESTIGATION
A - ASSUMED NOTHING BUT PRETEND TO ASSUME
B - BELIEVED NO ONE BUT PRETEND TO BELIEVE
C - CHECK EVERYTHING BUT PRETEND TO CHECK NOTHING
28. Concept and principles of Criminal Investigation
An investigation is an examination, a study, an analysis and
research of facts and/or circumstances, situation, incident,
scenario, either related or not related for the purpose or
rendering a conclusion of proof.
Crime detection and investigation is both an art and a
science; a relationship of common sense, judgment,
understanding experience and inherent intuitiveness
comprehension.
Criminal investigation seeks all facts associated with a
crime to determine the truth; what happen and who is
responsible of a criminal incident.
29. Term and Definition in Special Crime Investigation
1. Criminal Investigator – he is the skilled person who is charge
with the duty of conducting criminal investigation when a
crime is committed.
2. Crime scene – is the place where the crime or offenses is
committed
3. Suspect - a person thought to be guilty of a crime or offense.
4. Person of interest - a person who is believed to be possibly
involved in a crime but has not been charged or arrested.
5. Judicial investigation - a formal legal investigation conducted
into a matter of public concern by a judge, appointed by the
government.
6. Judicial confession – it has been defined as "plea of guilty on
arrangement (made before a court)." Extra Judicial
Confession: These are statements made by the accused
outside of a courtroom or while in jail.
30. 6. CONFESSION - as distinguished from an admission, is a
declaration made at any time by a person, voluntarily and
without compulsion or inducement, stating or
acknowledging that he had committed or participated in
the commission of a crime.
31. Qualities of investigator
1) Perseverance – steadfastness, persistence and resolution to
bring desired conclusion in spite of obstacle connected with
criminal investigation
2) Incorruptible honesty and integrity – the ability to resist or
avoid temptation.
3) Endurance - it is the ability to last physically and mentally,
enduring sleepless night and tiresome days.
4) The intelligence and wisdom of Solomon – this is the ability of
investigator to decipher falsehood from truth and separate the
grain from the chaff
5) The knowledge of psychological and other natural science – the
investigator must know the different pattern of human
behavior, the prevailing situation in a specific environment and
the law of nature in order to detect deception and lies.
32. 6. Acting ability – the ability to go down to the level of minor, prostitute or
slum dwellers, or the level of other professional or the member of the
elite.
7. Mastery of oral and written communication – the investigator must know
how to communicate the people in the community through oral or
written form.
8. The keen power of observation and description – the investigator must
know how to observed and described accurately specially in crime scene
investigation.
9. Courage – the moral fortitude to tell the truth no matter who will be
hurt.
10. Working knowledge of criminal law, evidence, criminal procedures and
penal special law.
11. Sense of justice and fair play
12. The power to “read between the line”
13. Working knowledge of martial arts and firearm proficiency – extra skill
that can be used by the investigator in situation like arresting and
interrogating a certain suspects
33. The three tools of Criminal Investigation
1. Information – the knowledge of fact that investigator have
gathered or acquired from persons or documents, which are
pertinent or relevant concerning the commission of a crime or
criminal activities.
2. Instrumentation – it is a process of applying instrument or tools of
police science in criminal detection.
3. Crime reconstruction – it is the assessment made by the
investigator after the crime investigation on how the crime is
committed.
A. Information classified as to source;
a) Regular source – records, files from agencies, news items, TV broadcast, intercepted
radio, telephone messages and store computed data.
b) Cultivated source – these are information's by informants or informer.
c) Grapevine source – there are information coming from the underworld character such
as prisoner or ex-convict.
B. Interrogation – the process of obtaining an admission or confession from
those suspect. It is confrontational in nature.
C. Field inquiry – it is the general questioning of all person at the crime scene
conducted by the investigator.
34. In the performance of his duties the investigator must seek to establish the six (6)
cardinal points of investigation.
a. What specific offense has been committed;
b. How the offense was committed;
c. Who committed it;
d. Where the offense was committed
e. When it was committed and;
f. Why it was committed.
35. Objectives of investigation
• Identify the criminals
• Locate the offender
• Provide evidence to prove his guilt
• Act as a witness in favor of the prosecution
36. Identification of Criminals
a. By admission or confession of the criminal himself.
b. By testimonies and identification made by witnesses.
c. Identification based on evidence.
d. Identification by modus operandi.
37. ENSURING THE INTEGRITY OF PHYSICAL EVIDENCE
COLLECTED
Take photographs and video everything as you find it. Prepare a
detailed diagram of the scene. Measure distances to record the scale of
the scene and the relative position of different items of evidence.
Always wear gloves when touching or handling an item.
38. How do you collect physical evidence at a
crime scene?
Document and photograph the evidence. Properly secure the
evidence by placing it in a paper bag or envelope. Close, seal, or tape the
paper bag or envelope. The examiner must initial, date, and time across the
sealed area.
39. What are the steps for collecting physical
evidence?
The five steps recommended in collecting and preserving evidence are (1)
obtaining it legally; (2) describing the evidence in detailed notes; (3) identifying it
accurately and positively; (4) packaging it properly for identification, storage, or
shipment to the laboratory; and (5 don not contaminate
40. Historical feature in criminal investigation
• JONATHAN WILD – he was the most famous theft catcher in 1720s.
His methods or techniques made popular the logic of employing a
thief to catch a thief.
• HENRY FIELDING – a English man who wrote entitled “tom Jones”
and was appointed as magistrate (sheriff) for the areas of
Westminster and Middle Age, London. He was the creator of the BOW
STREET RUNNER while he was the magistrate.
• SIR JOHN FIELDING – took over the control of Bow runner court in
1753. his investigator were the called Bow street runner and be
effective because of his came quite personnel guidance despite the
fact he blind person.
41. • EUGENE “Francois” VIDOCQ – he was a criminal who
turned Paris Investigator. He is a former convict who
become a notorious thief-catcher in France. He is credited
as the founder of LA SUERTE.(France national Detective
Organization) he made popular the concept of “SET A
THIEFT TO CATCH A THIEF”. He introduce the concept of
“TRADE PROTECTION SOCIETY, which is a forerunner of our
present day credit card system.
• 1852, USA – ALLAN PINKERTON – American most famous
private investigation and founder of criminal investigation
in USA.
• KATE WAYNE – the first woman detective in the history of
criminal investigation, hired by the Pinkerton Agency.
42. Evidence in Criminal Cases
1. Guilt of the accused has to be proven beyond reasonable
doubt.
2. An offer of compromise by the accused may be received
in evidence as an implied admission of guilt.
3. The accused enjoys the presumption of innocence under
the constitution
4. The concept of confession is applicable.
43. PHASES OF SPECIAL CRIME
INVESTIGATION
1. The preliminary investigation
• This involved the first exposure of the criminal offenses to the investigation effort. It
cannot be emphasize too strongly that this step is vital to the success of the investigation.
Preliminary investigation serves as the foundation of case. The outcome of preliminary
investigation involved the passage of the time.
2. in-Depth Investigation (follow-up Investigation)
• It begins with a general examination of all facts, leads and other types of information
secured during the preliminary investigation.
• To trace and locate the criminal.
3. Concluding investigation (final Investigation)
• The outgrow of previous to stage.
• Investigator work closely with the prosecution for the preparation of the case.
• Provide evidence the guilt of the suspect.
44. SIGNIFICANCE OF
RECONSTRUCTING THE PAST
1. PEOPLE
• Are social being and information on them can usually be founded in the possession of
family, relatives, work or business associate, and other who share their recreational
interest. It can also be pick-up, accidentally, through those who were witness to or the
victim of a crime. The careful investigator identifies and exploit all potential source. Some
people will talk willingly and some will be reluctant to disclose what the know.
2. PHYSICAL EVIDENCE
• Any object, of a material nature is potential physical evidence the scientific specialist,
which undertake most examination of physical evidences, use of forensic medicine,
chemistry and criminalistics. The purpose of it is to answer the questions arises during
the conduct of trial and investigation that may lead in the convection of criminal.
45. 3. RECORDS
• Are important physical evidence. However, this received separate
treatment because this are widely scattered, voluminous and have
specialist devoting full time to the storage and retrieval.
46. ELEMENTS OF MANAGING SPECIAL
CRIME INVESTIGATION
1) Initial investigation
2) Case screening
3) Continuing investigation
4) Police-prosecutor relation
5) Investigative monitoring system
48. CHAIN OF CUSTODY
A process that tracks the movement of evidence through its collection,
safeguarding, and analysis lifecycle by documenting each person who handled
the evidence, the date/time it was collected or transferred, and the purpose for
the transfer.
49. What is meant by the chain of evidence?
A process and record that shows who obtained the evidence; where and when
the evidence was obtained; who secured the evidence; and who had control
or possession of the evidence.
50. Why evidence chain of custody is important?
The chain of custody is the most critical process of evidence documentation. It is
a must to assure the court of law that the evidence is authentic, i.e., it is the
same evidence seized at the crime scene. It was, at all times, in the custody of a
person designated to handle it and for which it was never unaccounted.
51. How do you maintain the chain of custody?
As a method of authenticating evidence, the chain of custody rule
requires that the admission of an exhibit be preceded by evidence
sufficient to support a finding that the matter in question is what the
proponent claims it to be.
52. What can break the chain of custody?
A number of factors can break the chain of custody including:
Investigators waiting too long to collect evidence. Improper storage of
evidence. Mislabeled evidence
54. Identify, Collect, Preserve, Inventory,
Package, and Transport Evidence
Principle:
The search focuses on the discovery of physical evidence that may establish that a crime was
committed and link elements of the crime to possible suspects.
Procedure:
To maximize the recovery and evaluation of all types of physical evidence, the investigator should ensure:
A. The preparation of an evidence recovery log that documents information such as:
◆ Item number.
◆ Description.
◆ Location found (grid number if used).
◆ Collector’s name.
◆ Markings (either directly on the item or indirectly on the package)
◆ Packaging method.
◆ Miscellaneous comments.
55. The identification of evidence by:
• Assigning personnel to designated search areas.
• Initiating scene-specific search pattern(s) and procedures,
including examination of immobile structures for possible
evidence.
• Attempting to determine the method of commission of crime
• Establishing the seat(s) of the evidences(s), if present.
• Documenting structural damage, bent signs, thermal effects, if
any.
• Examining the crater, vehicles, structures, etc.
• Documenting the location(s) of victims prior to and after the
incident
• Ensuring that victims are examined for component fragments. Or
evidences be found in the body of the crime. (Autopsies should
include)
56. Ensure That All Investigative Steps
Are Documented
Principle:
To ensure that the permanent record will be complete, the investigator should review all
documentation before releasing the scene.
57. Procedure:
The investigator should verify that the following have been
addressed:
A. Documentation of major events and time lines related to the
incident.
B. Personnel access log
C. Activity log
D. Review of interviews and events.
E. Narrative description of the scene
F. Photo and video logs
G. Diagrams, sketches, and evidence mapping.
H. Evidence recovery log
Summary:
By accounting for all investigative steps prior to leaving the scene,
the investigator ensures an accurate and thorough representation
of the scene for the permanent record.
58. Ensure That Scene Processing Is Complete
Principle:
The scene may be released only upon conclusion of the onsite investigation and a thorough evidence
collection process.
61. Homicide/Murder cases
A. The three bridges in homicide investigation which shall
not be crossed.
A. The body has been removed
B. When the cadaver has been embalmed
C. When the dead person is burned or cremated
B. Autopsy – it is the process by which the pathologist or
the medico legal officer conduct examination of the
cadaver to determine the exact cause of death.
62. Methods of Identifying the Deceased
1. Fingerprint
2. Skeletal studies by an anthropologist
3. Visual inspection
4. Personal effects
5. Tattoo marks
6. Dental evidence by the forensic deontologist
7. Clothing's
8. Photographs
63. Homicide Investigation
1. Victimology
What makes homicides unique from property and non-violent crimes is the
fact that there is a victim. The victim is very often the most important
investigative tool, since a lot of information can be revealed about the case
from studying the victim. If investigators can answer the question why the
victim was targeted, then they are often lead to the motive and potentially
their offender. Areas of the victim’s lifestyle, habits, relationships,
employment, personality, leisure activities, alcohol/drug abuse, dating
habits, etc. are excellent sources of information about what increased the
victim’s risk.
64. 2. Crime Scene Indicators
The location, environment, and time of day may present significant clues
as to the nature of the perpetrator and the amount of risk he is willing to
take and shed light on the motive of the criminal.
It is also possible for there to be several crime scenes as well, such as if
the victim was transported at some point during the crime, and that may
tell investigators how organized the criminal is. The disposition of the
body at the crime scene, if it was concealed, displayed, or positioned may
also tell investigators a lot about the criminal and if there was a message
sent by the murder. Furthermore, items are often left at the scene, such
as a weapon, or removed from the scene, such as a souvenir, which can
narrow down the type of criminal, and restraints or other tools of the
crime left at the scene can potentially paint a better picture of the crime.
65. 3. Staging
This is the purposeful alteration of the crime scene, meant to mislead
investigators. Inconsistencies in the crime scene often uncover staging
attempts.
4. Forensic Findings
The value of physical evidence at the crime scene is well known and can be
crucial to any homicide investigation. The cause of death, types of trauma,
indications of sexual assault, toxicology reports, and
hair/DNA/fingerprint/etc. analysis can all lead to apprehending the criminal.
66. 5. Investigative Considerations
These considerations are usually taken once the homicide has been
classified, and may include search warrants, locating and interviewing
witnesses, and documenting the crime scene.
By using these defining characteristics as a starting point, investigators are
usually able to gather a lot of information that will help them in the case.
They also generate profiles of criminals to help them determine motive and
opportunity. Finally, the information that they gather may help investigators
link different crimes based on similar MO’s or criminal signatures, and may
be the key to breaking other cases.
67. • homicide is simply the killing of one person by another. It
may or may not be illegal.
• Murder is a homicide committed with “malice
aforethought.”
68. Common of external Violence
1. Contusion, or bruise, - is caused by a direct blow to the body
that can cause damage to the surface of the skin and to
deeper tissues as well depending on the severity of the blow.
2. Abrasions - are superficial injuries of the skin and visceral
linings in the body, resulting in a break in the continuity of
tissue. These are the simplest of injuries in terms of healing,
with most injuries being confined to the epidermis and
resulting in minimal bleeding at most.
3. Hematoma - A pool of mostly clotted blood that forms in an
organ, tissue, or body space. A hematoma is usually caused
by a broken blood vessel that was damaged by surgery or an
injury.
4. Incised wound – A clean, straight cut caused by a sharp edge
(i.e. a knife). Tends to bleed heavily as multiple vessels may be
cut directly across. Connecting structures such as ligaments
and tendons may also be involved.
69. 5. Stab wound – forcible application of a sharp pointed of a
sharp edges.
6. Punctured wound – produced by sharp pointed
instrument
7. Lacerated wound – tearing of the skin due to forcible
contact with blunt instrument, which the edges are
irregular.
70. Terms connected with Homicide
1. HOMICIDE – the killing of a human being by another human being
2. SORORICIDE – the killing of one’s sister
3. FRATRICIDE – killing of one’s brother
4. MARTICIDE – killing of a mother
5. PATRICIDE – the killing of father by his own child
6. PARRICIDE – the killing of a person to whom he is related such as
parents, grandparent, legal wife child or grand child.
7. INFANTICIDE – the killing of a child which is less than three days old
8. SUICIDE – thanking one’s own life intentionally and voluntarily
9. RGICIDE – the killing of a king
10. VATICIDE the murder of a prophet
11. ABORTICIDE – the killing of the fetus inside the womb (abortion)
12. EUTHNASIA – mercy killing or painless death of a person suffering
from incurable disease.
71. Death Investigation
1. Death investigation – deals with the postmortem
investigation of sudden and unexpected death.
Forensic pathology – is the branch of medicine associated with the study of
structural changes in the body caused by disease or injury.
2. Death scene investigation;
For the pathologist and criminal investigator to perform a thorough
investigation, the death scene must be well documented.
By understanding the role of pathologist and the natural changes that
occur in the body after death, the criminal investigator can gathered
information that is useful to everyone involved in the investigation.
3. Cause of death – this is the specific medical diagnose
denoting a disease or injury (myocardial, infraction,
strangulation, gunshot wound
72. a) Proximate cause of death – the initial injury that lead to a
sequences of event which caused the death of the victim.
b) Immediate cause of death – the injury or disease that finally
killed the individual.
73. Manner of Death
This is the determination deals with the legal implication
superimposed on biological causes and mechanism of death
A. Suicide
B. accidental
C. Natural cause
74. Role of Forensic Pathologist
1. Establishing the cause of death
2. Establishing manner of death
3. Estimating the time of death inferring the type of
weapon used
4. Establish the identity of the deceased
5. Determining the additive effects of trauma or pre -
existing condition.
75. POST MORTEM CHANGES OF THE BODY
1. POSTMORTEM –is in reference to event or changes that occur
after death.
2. ANTIMORTEM – is in reference to events or changes occur
before death.
3. ALGOR MORTIS – body cooling
4. LIVOR MORTIS - discoloration of the body and organ surface
5. RIGOR MORTIS – is a condition in which the muscle of the
body become hardened as a result of chemical changes
within the muscle fibers.
6. DESICCATION – occur most prominently on the mucus
membrane, which during life are kept moist.
7. DECOMPOSITION – decomposition also referred to as
purification
76. 8. Purge – as the body begin to transform into a liquid state
and gases build within the body
9. Mummification occurs when the body dries out faster
than decomposition. Take place usually in hot, dry
environment.
77. THE EVIDENCE OF SUICIDAL GUNSHOT WOUND
• A near contact fire, evidence by burning or tattooing of the gun
powder.
• Presence of one gunshot wound
• Body part involved is accessible to the dexterous hand
• Presence of suicide notes
• wounding firearm is tightly held (cadaveric spasm)
EVIDENCE OF ACCIDENTAL SHOOTING
Usually one shot
No special of the body involved
Testimonies of witness
EVIDENCE OF HOMICIDE GUNSHOT WOUND
Site of the entrance wood has no point of election
Discharge of firearm is made when victim is some distance away
Sign of struggle may be present
Sign of disturbance in the surrounding maybe present.
78. ART 248 RPC
Any person who, not falling within the provisions of Article 246 shall
kill another, shall be guilty of murder and shall be punished by
reclusion temporal in its maximum period to death,
80. I. CONCEPT OF SEX CRIME
It is triggered by emotion. A person who commits a sex crime has lost control
of his emotion
II. THE CATEGORIES OF PECULIAR WAYS OF SEX OFFENDERS
1. PETISHISM – refers to a person who satisfied sex urge through wearing
of an object
2. SEX FANTASY OR DREAM WORld – the sex fantasy overcome the
offender who puts his dreams to reality to see if he will feel even better
and its importance to him.
3. SADISM – prior act of cruelty before the sex
4. MASCOHSIM – sexual satisfaction is gained by being humiliated, hurt or
beaten before the sexual act.
5. VOYEURISM – sexual gratification by looking at nude person, peeping
toms are included in this category.
6. NECROMANIA OR NECROPHILIA – sexual gratification on a dead person
or love towards a dead person.
7. PEDOPHILIA – sexual gratification where the victim are children
81. Republic Act 8353: An Act Expanding the Definition
of the Crime of Rape and Reclassifying the same as
Crime Against Persons.
82. Evidence in the investigation of Rape
1. Panty or other clothing of the victim
2. Determine signs of force such as injuries and laceration
on the part of the victim organ
3. Presence of seminal fluids inside her organ
4. Presence of the pubis hair of the suspect and victim
5. Testimonies of the witness
6. Written complaint of the victim
83. Rape: When And How Committed
By a man who shall have carnal knowledge of a woman under
any of the following circumstances:
1. Through force, threat, or intimidation;
2. When the offended party is deprived of reason or otherwise
unconscious;
3. By means of fraudulent machination or grave abuse of
authority; and
4. When the offended party is under twelve (12) years of age or
is demented,
5. even though none of the circumstances mentioned above be
present
84. 2. By any person who, under any of the circumstances
mentioned in paragraph 1 hereof, shall commit an act of
sexual assault by inserting his penis into another person's
mouth or anal orifice, or any instrument or object, into the
genital or anal orifice of another person.
3. "Article 266-B. Penalty. - Rape shall be punished by reclusion
Perpetua. "Whenever the rape is committed with the use of a
deadly weapon or by two or more persons, the penalty shall
be reclusion Perpetua to death.
4. "When by reason or on the occasion of the rape, the victim
has become insane, the penalty shall become reclusion
Perpetua to death.
5. "When the rape is attempted and a homicide is committed by
reason or on the occasion thereof, the penalty shall be
reclusion Perpetua to death.
6. "When by reason or on the occasion of the rape, homicide is
committed, the penalty shall be death.
85. 6. When the offender knows that he is afflicted with the Human
Immune-Deficiency Virus (HIV)/Acquired Immune Deficiency
Syndrome (AIDS) or any other sexually transmissible disease
and the virus or disease is transmitted to the victim;
7. When committed by any member of the Armed Forces of the
Philippines or paramilitary units thereof or the Philippine
National Police or any law enforcement agency or penal
institution, when the offender took advantage of his position
to facilitate the commission of the crime;
8. When by reason or on the occasion of the rape, the victim
has suffered permanent physical mutilation or disability;
9. When the offender knew of the pregnancy of the offended
party at the time of the commission of the crime; and
10.When the offender knew of the mental disability, emotional
disorder and/or physical handicap of the offended party at
the time of the commission of the crime.
86. RAPE - unlawful sexual activity and usually sexual intercourse
carried out forcibly or under threat of injury against a person's
will or with a person who is beneath a certain age or incapable
of valid consent because of mental illness, mental deficiency,
intoxication, unconsciousness, or deception
87. WHO CAN BE RAPED ?
Any one can be a victim but the incident of rape is more
rampant in woman and girl
88. STATUTORY RAPE
When a victim of rape is 12 years of age and below, it is
statuary rape. The reason for this is that even if a child
consented to the sexual intercourse, her consent in not
valid because by her age, she could not give valid consent
90. What is interrogation
• interrogation, in criminal law, process of questioning by which police
obtain evidence.
• The main purpose of a police Interrogation is to obtain a confession
and to come to the objective truth, or other critical information about
the crime, from an interviewed suspect, who is subject of
interrogation.
• When the police arrest someone they suspect has committed a crime,
they frequently interrogate the suspect to seek a confession. Whether
or not the suspect is actually guilty, the police interrogators may
attempt to manipulate them psychologically into giving a confession.
91. What are good interrogation questions?
• What happened? ...
• What was the date, time, and duration of the incident or behavior?
• How many times did this happen, that you're aware of?
• Where did it happen?
• How did it happen?
• Did anyone else see it happen? ...
• Was there physical contact? ...
• What did you do in response to the incident or behavior?
92. What is the law of interrogation?
Interrogation is, in criminal law, the process of questions asked by
police to a person arrested or suspected to seek answers to a crime.
Such person is entitled to be informed of his rights, including right to
have counsel present, and the consequences of his answers.
93. What is difference between interrogation and
interview?
• Although the purpose of both interviews and interrogations is
obtaining information, the interview is an informal procedure
whereas the interrogation is formally questioning a person with
information about a suspected crime.
94. What is the difference between investigation
and interrogation?
• Investigation refers to the study of facts used to identify, search, and
prove the guilt of an offender or criminal. An interrogation refers to
the verbal questioning of a suspect by law enforcement authorities
for the purpose of eliciting a statement or useful information.
