FUNDAMENTALS OF CRIMINAL INVESTIGATION

BASIC CONCEPTS

Criminal Investigation- is an art that deals with the identity and location of the offender and prove his guilt in a criminal proceeding.

Criminal Investigation- it is the systematic method of inquiry that is more a science than an art. The logic of scientific method
must however, be supplemented by the investigator's initiative and resourcefulness. The sequences of the investigation should be
regarded by scientific, operating framework that requires improvising on the part of the investigator.

Criminal Investigation is an Art – based on intuition, felicity of inspiration or by chance; and a Science – based on adequate
professional preparation and abundance of certain qualities

Investigator- is the person who is charged with the duty of carrying out the objectives of criminal investigation. He is an individual
who gathers documents and evaluates facts about crime

Special Crime Investigation- deals with the study of major crimes based on the application of special investigative techniques. It
is also the study concentrates more on physical evidence; it’s collection, handling, identification and preservation in coordination
with the various criminalists in the crime laboratory. Special crime investigation involves close relationship between the investigator
in the field and the investigator in the laboratory- the Criminalist.

Duty of Criminal Investigator

1. Establish that, in fact, a crime was committed under the law.

2. Identify and apprehend the suspect.
3. To recover stolen property.
4. To assist the state in prosecuting the party charged with the offense.

Job of the Criminal Investigator

1. Discover whether or not an offense has been committed under the law.
2. After determining what specific offense has been committed, he must discover how, when, where, why, what offense was
committed.

Methods of Identifications of Criminals

Criminal are identified thru the following:

1. Confession and Admission

2. Statement of witnesses
3. Circumstantial Evidence
4. Associative Evidence

A. Confession- this is an expressed acknowledgement by the accused in criminal cases of the truth of his guilt as to the crime
charged or of some of the essential part there of. There is no implied confession for it is positive and direct acknowledgement of
guilt. It is the best means of identifying criminal.

Rules in Confession

a. Confession need not to be in writing

b. Confession may be written in a language which the accused does not speak
c. Confession must be freely and voluntarily made
Voluntarily – means that the accused speak of his free will and accord, without inducement of any kind and with the full and
complete knowledge of the nature and consequences of the confession.
Freely- when the speaking is so free from the influence affecting the will of the accused at the same time the confession was
made.

Requirement for confession as proof of guilt

1. Other corroborative evidence must support it.

2. Corpus delicti- must be established separately (the actual commission of the crime charged. It refers to a particular crime and
signifies that specific offense had been actually committed by someone being composed of two elements: that certain results
were produced, that someone is criminally responsible
3. Confession must be made voluntarily.

B. By EYE-WITNESS TESTIMONY- description made by eyewitness

Value of identification by eyewitness testimony depends on the following: (credibility-bringing honor)

1. the ability of the eyewitness testimony to observe and remember the relative “distinctiveness” of the accused appearance
2. The prevailing conditions, visibility and observation
3. The lapse of time between the criminal event and identification

Methods of Identification made by eyewitness

1. Verbal Description- portrait parley vividly describing in words the appearance of a person by comparing and thru personal
appearance.
2. Photographic files (rogues gallery)
3. General photograph- files of photograph in any given establishment.
4. Artist Assistance or composite sketches- drawing or sketching the description of a person’s face by the cartographer
5. Police line-up- selecting the suspect from a group of innocent persons to eliminate the power of suggestions as factor of
identification

Cartography- the art of sketching the image of a person or the art of making map

Bases of the eyewitness in the identification of criminal

1. Face-forehead, eyebrow, mustache, eyes, ears, cheeks, mouth, lips, teeth, chin, jaw, etc.
2. Neck- shape, length, Adam’s apple
3. Shoulder- width and shape
4. Waist- size, shape of the abdomen
5. Hands- length, size, hair, condition of the palms
6. Fingers- length, thickness, stains, shape of nails and condition
7. Any deformities (cross eyed, limping and etc.)
8. Teeth-
9. Gait

Bases of Physical Description of Physical Appearance

1. Mug Shot
2. Artist Drawing
3. Composite Sketches
4. Verbal description or Portrait Parley
HISTORICAL FEATURES IN CRIMINAL INVESTIGATION
 The art and science of Criminal Investigation that exist today is the result of countless development since policing was
conceived and then institutionalized. The following is just a brief account of some of the major milestone in the history of Criminal
Investigation.

WORLDWIDE DEVELOPMENT

1720s, ENGLAND: - JONATHAN WILD He was a buckle maker then a brothel operator; a master criminal who became London’s
most effective criminal investigator. He was the most famous THIEF-CATCHER in 1720s. His methods or techniques made popular
the logic of EMPLOYING A THIEF TO CATCH A THIEF. He conceived the idea of charging a fee for locating and returning stolen
property to its rightful owners.

1750s, ENGLAND: - HENRY FIELDING An Englishman who wrote a novel 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 RUNNERS while he was
the magistrate; he formed a group of police officers attached to the Bow Street Court, and not in uniform, performing criminal
investigative functions.

1753, ENGLAND: - SIR JOHN FIELDING The younger brother of Henry Fielding who took over the control of Bow Street Court in
1753. His investigators were then called Bow Street Runners and became quite effective because of his personal guidance despite
the fact that he was blind. He introduced the practice of developing paid informants, printing wanted notices, employing criminal
raids, and bearing firearms and handcuffs.

1759, USA: The US CONGRESS created the office of the GENERAL AND REVENUE CUTTER SERVICE. This is the first
organized federal law enforcement and investigative effort made by the US government.

1800, LONDON: - PATRICK COLQUHOUN A prominent London president who proposed the unique idea of creating sizeable
uniformed force to police the city of London in order to remedy the public outcry concerning the alarming increase of criminality
during the early 1800s. His proposal was considered too radical and was dismissed by the Royal Court.

1811, FRANCE: - EUGENE ‘Francois” VIDOCQ He was a criminal who turned Paris Investigator. He is a former convict who
became a notorious thief-catcher in France. He is credited as the founder of LA SURETE, France’s national detective organization.
He made popular the concept of “SET A THIEF TO CATCH A THIEF”. He introduced the concept of ‘TRADE PROTECTION
SOCIETY’, which is a forerunner of our present-day credit card system. For a fee, any owner of a shop or business establishment
could obtain particulars concerning the financial solvency of new customers. He created a squad of ex-convicts to aid the Paris
police in crime investigation.

1829, LONDON: - SIR ROBERT PEELS The founder and chief organizer of the London Metropolitan Police – the SCOTLAND
YARD. He reiterated the idea of creating sizeable police force in his recommendations, which lead to the passage of the
Metropolitan Police Act. This act had a tremendous impact on the history of criminal justice in general, and on the development of
criminal investigation specifically. He introduced the techniques of detecting crimes such as: detectives concealing themselves,
and secretly photographing and recording conversations.

1833, ENGLAND: The Scotland Yard employed the first undercover officer while in

USA: First daytime paid police department was established in Philadelphia, USA.

1835, USA: TEXAS RANGERS was organized as the first law enforcement agency with statewide investigative authority, the
forerunner of the Federal Bureau of Investigation.

1839: - The birth year of Photography. WILLIAM HENRY FOX TALBOT explained a photographic process he had invented to
the Royal Society of London.

JACQUES MANDE DAGUERRE gave a public demonstration in Paris of his discovery - a photographic process he
developed in collaboration with NICEPHORE NIEPCE.
1842: Scotland Yard created the first FULL-TIME INVESTIGATIVE, which is a forerunner to the Criminal Investigation Division of
Scotland Yard.
1851, BOSTON, MASSACHUSETTS, USA: Multi-suspect ID LINE-UP is employed in the first time.

1852, USA: - CHARLES DICKENS - Through his story entitled BLEAK HOUSE, he introduced the term DETECTIVE to the English
language.

1852, USA: - ALLAN PINKERTON - America’s most famous private investigator and founder of Criminal Investigation in USA. He
established the practice of handwriting examination in American courts and promoted a plan to centralize criminal identification
records.

1856, USA: - KATE WAYNE: The first woman detective in the history of criminal investigation, hired by the Pinkerton Agency.

1859, USA: Appellate courts recognized/accepted photographs as admissible evidences when they are relevant and properly
verified.

1865, USA: US SECRET SERVICE was founded to investigate counterfeiting activity in post-civil war America.

1866, USA: - INSPECTOR THOMAS BYRNES: A New York Chief of Detectives introduced the MODUS OPERANDI FILE.

1866, Liberty, Missouri, USA: The JESSE JAMES GANG made the first bank hold-up which mark the beginning of the gang’s
15-year hold-up and robbery spree (12 bank hold-ups and 12 train stage coach robberies in 11 states). Clay County Savings
Association was their first victim and their take was $ 60,000.00.

1877, ENGLAND: - HOWARD VINCENT: Headed the newly organized CRIMINAL INVESTIGATION DEPARTMENT in Scotland
Yard.

1882, FRANCE: - ALPHONSE BERTILLON: A French Police Clerk who introduced and established the first systematic
identification system based on ANTHROPOMETRICAL SIGNALMENT (or Anthropometry) he is considered as the FOUNDER OF
CRIMINAL IDENTIFICATION.

1884, CHICAGO, USA: The Chicago Police Department established the first American Criminal Identification Bureau.

1887, DR. ARTHUR CONAN LYLE: He popularized the Scientific Criminal Investigation by creating the fictional detective
SHERLOCK HOLMES and his friend Dr. WATSON. Holmes was featured in 6 short stories and 4 novels.

1892, ENGLAND: - FRANCIS GALTON: An Englishman who published his study on classifying fingerprints. While other scientists
were studying fingerprints in their biological nature, Galton recognized their uniqueness and potentiality/significance in criminal
identification.

1893, GERMANY: - HANS GROSS: An Englishman who published a handbook for Examining Magistrates in Munich, Germany
and advocated the use of scientific methods in criminal investigation process.

1948, ABERDEEN, SCOTLAND: A new concept was introduced in the field of criminal investigation. This is known as TEAM
POLICING. In team policing, there is no patrol division or criminal investigation per se. In this system, a team of police officers is
assigned to patrol and investigate all criminal matters within their area of jurisdiction or district. Team policing required that police
officers who respond to a call regarding a criminal case should investigate the case to its conclusion.

1954,USA: - Dr. PAUL KIRK: Best known American criminalist who headed the Department of Criminalistics as the University of
California, USA.

1961,USA: - Mapp vs. Ohio (376 vs. 584): The Supreme Court ruled the illegally obtained evidence is inadmissible in state
criminal prosecutions.

1965, USA: Office of Law Enforcement Assistance (forerunner of the Law Enforcement Assistance Administration – LEAA) was
established to fund and coordinate administration, research and training in criminal justice.
1966, USA: - MIRANDA vs. ARIZONA (384 vs. 436): The US Supreme Court established procedural guidelines for taking criminal
confessions.

DEVELOPMENT IN THE PHILIPPINE SETTING

1712. CARABINEROS DE SEGURIDAD PUBLICO: Organized for the purpose of carrying out the policies or regulations of the
Spanish government. The members were armed and considered as the mounted police. Later, they discharge the duties of a part,
harbor, and a river police.

1836. GUARDRILLEROS: A body of rural police organized in each town, which was established by the Royal Decree of January
8, 1836. This police force was composed of 5% of the able-bodied inhabitants in each town or province, and each member will
serve for at least 3 years.

1852. GUARDIA CIVIL: An organization created by the Royal Decree issued by the Spanish Crown Government on February 12,
1852. It relieved the Spanish Peninsular Troops of their works in policing towns. It consisted of a body of Filipino policemen
organized originally in each of the provincial capitals of the Central provinces of Luzon under the command of Alcalde (Governor).

NOV. 30, 1980. INSULAR POLICE FORCE: Established during the Filipino-American War (1898-1901) upon the recommendation
of the American Commission to the Secretary of War.

JULY 18, 1901. ACT # 175: The act establishing the Insular Police Force which was titled as “AN ACT PROVIDING FOR THE
ORGANIZATION AND GOVERNMENT OF AN INSULAR CONSTABULARY”. The organic act creating the Philippine
Constabulary.

OCT. 3, 1901. ACT # 255: The law which established the Philippine Constabulary

REVISED ADMINISTRATIVE CODE OF 1917, Section 825: The law stated that the Philippine Constabulary is a national Police
Institution for preserving the peace, keeping the order and enforcing the law.

SEPT. 8, 1966. RA # 4864. (Law co-authored by Rep. Teudolo Natividad): The law otherwise known as the POLICE ACT OF
1966, It created the Office of the Police Commission which was later called National Police Commission (NAPOLCOM). In its
inception, the Police Commission was under the Office of the President. It was created as the supervisory agency to oversee the
training and professionalization of the local police forces. Through this law, reformation and professionalization of the police
service gained official recognition.

AUG. 8, 1975. PD#765: The law which stipulated that the office of the NAPOLCOM was under the office of the Ministry of the
National Defense. It defined also the relationship between the Integrated National Police and the Philippine Constabulary. This is
in compliance with the provisions of Section 12, Article 15 of the 1973 Philippine Constitution.

1935 PHILIPPINE CONTITUTION, Article III, Section 17 (1) - The law provides that:” In all criminal prosecutors, the accused
shall…. Enjoy the right to be heard by himself and counsel……”. Criminal prosecution was however interpreted by the court in US
vs. Beechman (25 Phil 25,1972) to mean the proceeding at the trial court from arraignment to rendition of judgment.

1973 PHILIPPINE CONSTITUTION, Article III, Section 20

“No person shall be compelled to be a witness against himself. Any person under investigation for the commission of an
offense shall have the right to remain silent and to counsel, and to be informed of such right. No force, violence, threat, intimidation
nor any means, which vitiate the free will, shall be used against him. Any confession obtained in the violation of this section shall
be inadmissible as evidence.

The warning of the right to remain silent must be accompanied by the explanation that anything said can and will be used
against the individual in court. This warning is needed in order to make him aware not only of the privilege, but also of the
consequences of forgetting it. (People vs. Duero, 104 SCRA 379, 1981)

1983 – MORALES vs. JUAN PONCE ENRILE (GR#61016-17; April 26,1983; SCRA 538)
 The ruling in this case makes it clear that the MIRANDA WARNING as it is generally called have to be made so that a
confession can be admitted. Therefore, while upon police custody for investigation, the accused must be appraised of his:
1. Right to remain silent with explanation that anything that he might say maybe used against him in the court of
the law;
2. Right to talk to a lawyer, a relative, or a friend, and have a lawyer ready and a friend present while he is being
questioned; and
3. Right to the appointment of a lawyer if he cannot afford one.

1985 – PEOPLE vs. GALIT (GR#51770;March 20,1985) - The right to a counsel maybe waived but the waiver, to be valid, must
be made with assistance of a counsel.

1987 PHILIPPINE CONSTITUTION, Article III, Section 12 (1) - “Any person under investigation for the commission of an offense
shall have the right to be informed of his right to remain silent and to have a competent and independent counsel preferably of his
own choice. If the person cannot afford the services of a counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of a counsel.

Article XVI, Section 5(4) - “No member of the armed forces in the active services shall, at any time, be appointed for designated
in any capacity to a civilian position in the Government including government owned or controlled corporation, or any of their
subsidiaries.”

Article XVI, Section 6 - “The State establish and maintain one police force, which shall be national in scope and civilian in
character, to be administered and controlled by a National Police Commission. The authority of local executives over the police
units in their jurisdiction shall be provided by law.”

1990, RA 6975 - DILG ACT, Philippine National Police (PNP) together with BFP and BJMP organization

1998, RA 8551 – PNP Reform and Reorganization Act

GENERAL PRINCIPLES OF CRIMINAL INVESTIGATION

In the performance of his duties, the investigator must seek to establish the six (6) cardinal points of investigation, namely:
what specific offense has been committed; how the offense was committed; who committed it; where the offense was
committed; when it was committed; and why it was committed.

The Phases of Criminal Investigation

a) Preliminary Investigation - identify the criminal through confession; eyewitness testimony; circumstantial evidence; and
associate evidence
 b) Follow Up Investigation - trace and locate the criminal; and
c) Final Investigation - proved by evidence the guilt of the suspect/s.

In proving the guilt of the accused in court, the fact of the existence of the crime must be established; the defendant must
be identified and associated with the crime scene; competent and credible witnesses must be available; and the physical
evidence must be appropriately identified. The proof of guilt will depend on the establishment of the essential elements of the
crime. The investigator must know by heart the elements of a specific crime.

Tools of an Investigator in Gathering Facts

a) Information – Data gathered by an investigator from other persons including the victim himself and from Public records;
Private records; and Modus Operandi file.
b) Interrogation and Interview – Questioning of witnesses, suspects, and offended parties.
c) Instrumentation – Scientific examination of real evidence, application of instrument and methods of the physical sciences
in detecting crime.

INFORMATION

All evaluated materials of every description including those derived fro observation, reports, rumors, imagery, and other
sources from which intelligence in produced.

Information is a communicated knowledge by others obtaining by personal study, investigation, research, analysis,
observation. The use of modern gadgets in intelligence and other things and material that possess or contain a desire
information or knowledge.

Two General classifications of sources of information:

1. Open Sources – 99% of the info collected are coming from open sources.
2. Close Sources – 1% of info from close sources.

Overt Intelligence – is the gathering of information or documents procured openly without regard as to whether the subject or
target become knowledgeable of the purpose

Open Sources: Includes information taken from

 Enemy activity – POW – Civilians - Captured documents
 Map - Weather, forecast, studies, report - Agencies

Covert Intelligence – is the secret procurement of information, which is obtained without the knowledge of the person or persons
safeguarding vital intelligence interest.

Close Sources: are information usually taken through:

 Surveillance
 Casing
 Elicitation
 Surreptitious entry
 Employment of technical means (Bugging and Tapping device)
 Tactical Interrogation
 Observation and Description
Other sources of Information: Overt and Covert
 Routine patrol and Criminal investigation
 Use of informants and Interrogations
 Search and seizures and Cordon and scratch
 Checkpoints and Police public relations activities
 Coordination with law enforcement agencies
 Inmates of various city jails, national penitentiary, military stockade.
  Statistics

Persons as sources of Information

Informant Net – It is a controlled group of people who worked through the direction of the agent handler. The informants,
principal or cutouts supply the agent handler directly or indirectly with Intel information

Informants (Asset) – people selected as sources of information, which could be voluntary, or in consideration of a
price.

 Informant – refers to a person who gives information to the police voluntarily or involuntarily with out any
consideration
 Informer – those who give information to the police for price or reward

Types of Informants
1. Criminal Informant – an informant who give information to the police pertaining to the underworld about organized
criminals with the understanding that his identity will be protected
2. Confidential Informant – is similar to the former but he gives information violate of the law to includes crimes and
criminals
3. Voluntary Informant – a type of informant who give information freely and willfully as a witness to a certain act
4. Special Informant – those who gives information concerning specialized cases only and it is regarded a special
treatment by the operatives (ex. teachers, businessmen)
5. Anonymous Informant – those who gives information through telephone with the hope that the informant can not
be identified

Sub-type of Informant
1. Incidental Informant – a person who casually imparts information to an officer with no intention of providing
subsequent information
2. Recruited Informant – A person who is selected cultivated and developed into a continuous source of info

Categories of Recruited Informants:

1. Spontaneous or Automatic Informant – Informants who by the nature of their work or position in society have a
certain legal, moral or ethical responsibilities to report info to the police
2. Ordinary run of he Mill Informants – Informants that are under the compulsion to report info to the police
3. Special Employee – informants who are of a specific operational nature

Other classification of Informant

Automatic – Penetration - Full time - Rival – Elimination - False Informant - Frightened Informant - Self- aggrandizing Informant
- Mercenary Informant - Double Crosser Informant - Woman Informant - Legitimate Informant

Common Motives of Informants

Reward – Revenge - Fear and avoidance of punishment – Friendship - Patriotism – Vanity - Civic-Mindedness – Repentance
–Competition -Other motives

INFROMANT RECRUITMENT

Phases

1. Selection – it is particularly desirable to be able to identity and recruit an informant who has access to many criminal in-
group or subversive organization. Wide access is probably the single most important feature in the consideration of
recruiting the potential informant
2. Investigation – the investigation of the potential informants that has tentatively identified as a “probable” must be as
thorough as possible. It must establish possible existing motives as to this person might assist the police Intel community.
 Failure to do so will deny this office who must perform the approach and persuasion phase with little more that a guess.
If necessary, conduct complete background investigation (CBI)
3. Approach – approach must be done in a setting from which might include pleasant surroundings, perhaps a confidential
apartment, completely free form any probability of compromise, preferably in an adjacent city or a remote area foreign
to the informants living pattern.
4. Testing – the testing program should begin, of course, with the limited assignment, with a gradual integration into the
more important areas. The occasional testing of an informant should continue through the entire affiliation

INTERVIEW AND INTERROGATION

1. Interview Defined. - An interview is the questioning of a person believed to possess knowledge that is in official interest to
the investigator.
2. Importance of Interview. - Interview in crime investigation is very important considering that the person interviewed usually
gives his account of an incident under investigation or offers information concerning a person being investigated in his own
manner and words.
Basic Assumptions: Nobody has to talk to law enforcers. No law compels a person to talk to the police if he does not
want to. Therefore, people will have to be persuaded, always within legal and ethical limits, to talk to law enforcers. This
makes interviewing an art:
3. The Person Interviewed

Consider:
a) His ability to observe.
b) His ability to remember
c) His ability to narrate.
d) His mental weakness because of stupidity or infancy
e) His moral weakness because of drunkeness, drug addiction, his being a pathological liar or similar factors.
f) Emotional weakness resulted by family problems, hatred, revenue, and love.

4. The Interviewer’s Personal Traits.

a) He must be a practical psychologist who understands the human psyche and behavior.
b) He has a sincere interest in people. People who are reclusive generally are not good interviewers.
c) He is clam, has self-discipline, and keeps his temper.
d) He is courteous, decent and sensitive.
e) He is self-assumed and professional. He is tactful, i.e. he knows what to say when and how to say it.
f) He is cordial and agreeable, and never officious. But he should avoid over-familiarity it.
g) He is forceful, persistent and patient. Some people just cannot be rushed.
h) He is analytical.
i) He is flexible and cautious.
j) He is a good actor and can conceal his own emotion.
k) He avoids third degree tactics and never deviates from the fundamental principle that a person must be treated according
to humanitarian and legal precepts.
l) he keeps the rules of evidence in mind.

5. Planning the Interview.

In planning the interview, the interviewer should consider:
a) The facts of the case which have been established so far.
b) The information needed to complete the picture
c) The sources of information that may be consulted such as files and records.
d) The possibility of confronting the suspect with physical evidence .
e) The time available for the interview.
f) The time allowed by law.

6. Preparation of the Interview – Before interviewing a witness, the law enforcer should mentally review the case and consider
what information the witness can contribute. If the case requires it, he should acquaint himself with the background of the
witness.
7. Time, Place and Surrounding Circumstance.
a) It is not always possible to fix the time and place of an interview, but since memory is short, it is basic that an interview
with the witness and suspect(s) should take place as soon as possible after the commission of the crime.
b) Interview of arrested person should be made as soon as possible after the arrest.
c) Conduct interviews whenever possible in your own turf, i.e. your office.
d) Have an interview room where there will be privacy. It should be a plain room but not bleak. There should be few furniture,
and no distracting pictures, calendars or similar items.
e) Arrange it so that there will be no interruption during the interview.
f) Suspects should be interviewed separately and out of sight and earshot of each other.
g) If are two interviewers, let one man be the prime interviewer.
h) Arrange chairs so that window light falls on the interviewee and not on the interviewer.
i) The interviewer should adapt his speech to the style best understood by the subject. In dealing with tan uneducated
subject, the interviewer should use simple words and sentences.
j) Straight-back chairs should be used for both subject and interviewer. Other types of chairs induce slouching or leaning
back, and such position are not conductive to proper interviews.
k) The interviewer should remain seated and refrain from pacing about the room.

8. Opening the Interview.

a) The interviewer should identify himself and the agency to which he belongs.
b) He should try to size up the interviewee and reach to tentative conclusion about his type, then use the best interview
approach.
c) He should keep in mind the provisions of law regarding rights of people under custodial investigation.

9. The Body of the Interview.

a) The interviewee should be allowed to tell his own story in his own words without interruption.
(i) This allows for continuity and clearness.
(ii) Range of interview is broadened.
(iii) It helps the interviewee recall and relate evens in their proper order.
b) Interviewer should keep to the point at issue and should not wander too far from it.
c) Interviewer should be alert for hearsay information so he can question the interviewee on the matter later.
d) Do not interrupt a trend of ideas by abruptly asking a question. Use the uninterrupted account of the witness interview
e) However, you may guide the interviewee innocuous questions such as, “And then what did you do?”

10. Questioning.
a) Dominate the interview. Be careful, do not allow the interviewee to be the one asking the questions.
b) Do not ramble. Have a reason for every question asked.
c) Follow the order of time and bring out the facts in that order. This technique is called “chronological questioning” and is
considered the easiest as people tend to think in terms of what happened first, the, second, then third. The interviewer
should go step by step in learning all the details concerning the planning and commission of the crime and what happened
after it was committed.
d) Exhaust each topic before moving on to the next.
e) Determine the basis for each material statement. It might be a hearsay.
f) Keep your questions simple and understandable. Avoid double-edged or forked questions.
g) The dangers of leading and misleading questions should be borne in mind. A question which suggests to the witness the
answer which the interviewer desires is a leading question. Questions which assume material facts that have not been
proven are misleading questions.
h) Wait for the answer to one question before asking a second one.
i) Ask important questions in the same tone of voice as the unimportant ones.
j) As a rule, avoid trick or bluffing questions.
k) Where it is necessary to inquire into the past history of the interviewee involving something unpleasant, it is wise to use
introductory remarks deploring the need for the question and saying that it is one of the unpleasant but necessary of an
officer.

11. Closing
 a) Before closing the interview, the law enforcer should make a mental check of the purpose of the interview and should
analyze what he has learned, then decide whether he has attained his objective. He should be guided in this respect by
the 5 W’s and I H- what, where, when who, why and how.
b) The interviewer should always the door open for a re-interview. Don’t forget to say “THANK YOU” after the interview.

Note: Although the words “interview” and “interrogation” have similar meanings, there are those who prefer to
use “interview” when questioning witness and informants, and “interrogation” when questioning suspects.

A Philosophy of Interview and Interrogation:

The RIGHT officer, Asking the RIGHT questions, In the RIGHT manner, At the RIGHT time and in the RIGHT place,