MODULE 3

Lesson objectives:
1. Discuss the relevance of approaches in investigation
2. Enumerate the cardinal points in investigation
3. Discuss the relevance of approaches in investigation
4. Discuss the importance of chain of custody.

APPROACHES AND TOOLS IN CRIMINAL INVESTIGATION

The manner how investigator starts learning facts about the crime is significant in leading
him as to the motive of the perpetrator base on the arrangement of physical evidence in the crime at
the time they were seen for collection.
Motive – is the moving power and caused that induces an individual to perform an act which is
defined as a crime.
Approach in investigation – this is the manner how investigator starts learning facts about the
crime.
Criminal investigation can be based on the following approaches considering the type of crime and
the manner how it was collected such that:
1. Inductive Approach – this approach in investigation follows a sequence from specific to
general such that investigators will look first at the pieces of evidence before concluding as to
what crime is committed.
2. Deductive Approach – this approach in the investigation is contrary to the former as this
starts from general to specific such that investigators will first start looking at the body of the
crime (corpus delicti) before proceeding with the individual evidence as to how the crime was
committed.

For better understanding, corpus delicti refers to the body of the crime or the fact that the crime
was committed. The following example illustrates the corpus delicti of the crime:
1. Dead body in case of murder or homicide case;
2. The stolen property in theft or robbery case; or
3. The deprivation of liberty of any person in case of kidnapping and serious illegal detention.

To aid those approaches, investigators must remember the tools in criminal investigation which
includes the following:
1. Information – refers to the data needed in the course of investigation. This will allow
investigators to gather facts needed to solve the case as this is considered as the lifeblood
and essence of investigation.
2. Interview and interrogation – both are similar in terms of their purpose – to acquire
information. However, they differ in the manner as to how they gather and collect information
such that interview is done in a simple manner of questioning and mostly done among
 complainant, victims, or witness. Interrogation on the other hand is intrusive or
antagonistic in its approach as it questions commonly suspects, accused or hostile witness.
3. Instrumentation – refer to the data or methodology used or employed from the beginning up
to the ending phase of the investigative process.

CARDINAL POINTS AND METHODS OF IDENTIFICATION

A series of questions and procedures should be set in order to produce a fruitful result. In the
conduct of investigation, the investigator must note the cardinal points in criminal investigation
that address the following questions:
1. What act was performed in which the law defines it as crime?
2. Who committed the act in which the law defines it as crimes?
3. Where did this act, as defined by law as a crime, happen?
4. When did this act, as defined by law as a crime, happen?
5. Why was this act, as defined by law as a crime, performed?
6. How did this act, as defined by law as a crime, happened?

Investigative process- is defined as the procedure taken by the investigator which commence from
the time the crime was reported up until it was brought before the court for the trial f person
accused to have violated the law and for proper sanction and disposition of the case.
- Along with the investigative process, the investigator must establish that a crime has been
committed and the person suspected should be held for trial. In the process of establishing
that a crime was deemed committed, the following should be noted such that:
1. Investigator must prove that the accused is guilty
2. Investigator must ensure that the accused was identified by competent witness;
3. Investigator must confirm that whatever evidence found in the crime scene pinpoints to
the same accused or group of accused people;
4. Investigator must note that evidences recovered in the crime scene are the same
evidences that will be presented in court; and
5. Investigator must remember that conviction will depend as to how he will establish the
elements of the crime alleged.

However, what happens if investigator fails to accomplish all those enumerated?

- There is now a greater tendency that the case will be dismissed. In the eyes of the law, the
case is deemed dismissed.
- In the eyes of the law, the case is deemed dismiss if there are some technical errors
committed which includes but not limited to tampered evidence, break in the chain of
custody, or the prosecution had not established the guilt of the accused beyond reasonable
doubt and other.

Tampered Evidence refers to those evidence which by its nature is false, altered or otherwise
questionable in its existence or production.
Chain of Custody refers to the transfer of evidence from one person who holds supervision or care of
such evidence to another from the time it was gathered at the crime scene up to the time it will be
presented in court.
Methods of identification
 Successful criminal investigation is impossible without first establishing the identity of the
perpetrator. Hence, all efforts are futile if perpetrator cannot be brought for prosecution and the
feeling of injustice on the part of the victim is inevitable.
Methods of Investigation – refers to the ways and means employed to uncover the personality of the
person who may have committed an act in which under the existing law is regarded as a crime.

The identity of the person suspected to have committed a crime can be established mainly through
the following:
1. Identification by witness – the identity of the perpetrator is established through an eye –
witness or person who have seen the perpetrator in the actual commission of the crime or his
presence was seen in the crime scene or immediate area/s where the crime took place.

2. Identification through Physical Evidence – the identity of the perpetrator is established

through collection of physical evidence that has a logical connection to the case which could
either be associative or tracing evidence.
a. Associative Evidence – these are those materials owned and can be linked to the
perpetrator which by some instance was left at the crime scene.
b. Tracing Evidence – these are those materials taken by the perpetrator at the crime scene
and most commonly found in theft or robbery cases.

3. Identification through Forensic Science – this method is done through the aid of the expertise
of different services such DNA, fingerprint, Odontology and the like.

Technical and Legal Aspect of Witness

The term “witness” is used both in technical and legal perspective. Technically, witness is
defined as any person who have seen or knowledge regarding the commission of the crime. This
could be further classified as:
1. Prosecution witness – refers to any person brought before trial to offer testimony in favor for
the prosecution and is used to add incriminatory evidence to the accused.
2. Defense witness – refers to any person who is brought before trial to strengthen the alibi of
the defense and to disprove the charge of the prosecution.
3. Character witness – refers to any person who offers a testimony in line with the character
reputation of some other person which will then serve at some point as to whether or not the
testimony of that person will be given credit or not.
4. Eyewitness – refers to any person who has seen the actual commission of the crime either
whole or only part of its commission.
5. Child witness – refers to young individual who offers a testimony concerning a crime.
6. Dumb witness – these are those witness who by reason of some mental faculty are unable to
provide accurate detail regarding the crime which is typically common among uneducated
individual.
7. Honest witness – these are those witness who cooperate and avoid exaggeration or falsehood
in providing testimonies concerning the crime.
 8. Fearful witness – these are those persons who are afraid of being involved in the prosecution
of the accused or simply shy to face the open court.
9. Egocentric witness – refers to a witness who is prone to exaggeration of the things he had
observed and may attempt to add facts which are not part of the real scenario.
10.Hostile witness – these are those witnesses who are uncooperative and do not wish to provide
information necessary for the prosecution of the case.
11.Suspicious witness – are individual witnesses who are doubtful about the true intention of
the investigators or the police as a whole.

In legal perspective, the law and the Revised Rules of Court define and qualify a witness as “any
person who can perceive, capable of perceiving, and can make known his perception to others” can
be a witness.
Under the Revised Rules of Court, the law further classify witness as either:
1. Ordinary witness – these are those witness who may be allowed to testify regarding
following:
a. About the identity of the person whom he had;
b. Handwriting of the person of which he had familiarity; and
c. Mental sanity of the person whom he had acquainted.
2. Expert witness – are those witness who by reason of their knowledge, skills, training or
experience may be allowed by the court to give their opinion.