MODULE: FINALS

Crim prof 313

Subject: Specialized crime Investigation 2 with simulation to interview and interrogation

Instructor: NISSAN B. RAMIREZ, MSCRIM

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Topic 1:

Specialized Crimes Related to Property (Robbery, theft, Malicious mischief

Introduction

Crimes against property is any criminal act that destroys another's property, or that deprives an
owner of property against the owner's will. The criminal law generally considers these crimes less
serious than violent crimes, or crimes against persons, but they can still constitute very serious felony
charges.

Arson and vandalism are examples of crimes that destroy another’s property. Examples of
crimes that unwittingly deprive an owner of property are far more abundant, including larceny,
embezzlement, goods, extortion (blackmail), robbery la combination of violent crime and crime against
receiving Property), burglary, and industrial espionage, to name just a few. There are also a wide range
of crimes that fall under the domain of intellectual property law, and the occurrence of these is rising
sharply as information becomes a stronger and stronger motive force in the economies of the developed
and developing world.

At early British common law, there was only one kind of crime against property, larceny. There
was also only one punishment for larceny in those times: death. As time went on and judges became
more and more reluctant to execute people for pick-pocketing and petty theft, many crimes that bore
striking resemblance to larceny were classified as something else so that the death penalty could be
avoided. In the United States today, where life and liberty are categorically valued above property, no
crime against property is considered serious enough to warrant the death penalty.

In the Philippine context special crime investigation is the study concentrates more on physical
evidence, its collection, handling identification and preservation, in coordination with the crime
laboratory. Special crime investigation involves a close relationship between the prober in the field and
the crime laboratory technician. They work together as a team reacting to and extending one another's
theories and findings both working patiently and thoroughly to solve a crime from their investigative
discoveries. The present criminal justice system in our country, the court relies more on physical
evidence rather than extrajudicial confession.

Crimes against property are crimes of theft, where no force or threat of force is directed against an
individual. It includes:

Robbery is the taking of personal property belonging to another, with intent to gain, by means of
violence against or, intimidation of any person, or use of force upon things.
Any person who, with intent to gain, shall take any personal property belonging to another, by means of
violence against or intimidation of any person, or using force upon anything shall be guilty of robbery.
(Art. 293 RPC).

Classification of Robbery

1. Robbery with violence against, or intimidation of persons (294,297,298)

2. Robbery by use of force upon things (299& 302)

Elements of Robbery in General

1. That there be personal property belonging to another;

2. That there is unlawful taking of that property
3. That the taking must be with intent to gain
4. That there is violence against or intimidation of any person/ or force used upon things

- Violence or intimidation must be present before the taking of personal property is complete
- Republic Act 6539 is the law applicable when the property taken in robbery is a motor vehicle

Personal Property

The property taken must be personal property, for it real property is occupied or real right is usurped by
means of violence against or intimidation of person, the crime is usurpation (art.312)

Take note: Belonging to another

The phrase "belonging to another” which means that the property taken does not belong to the
offender. The person from whom the personal property is taken need not be the owner.
Thus, one who, by means of violence or intimidation, took his own property from the depositary
is not guilty of robbery. Since personal property must belong to another, a co- owner or a partner cannot
commit robbery or theft with regard to the co -ownership or partnership property.

In the commission of the crime of robbery, it is not necessary that the person from whom the property is
taken by means of threats and violence. Shall be the owner thereof. It is sufficient if the property is taken
from him by means of threats and violence for the purpose of gain, on the part of the person
appropriating it. (US vs. Albano, 29 Phil. 86)

Taking of personal property must be unlawful

The "unlawful taking” of personal property is an essential part of the crime of robbery, and where the
taking was lawful and the unlawful misappropriation was subsequent to such taking, the crime is estafa
or malversation (US vs. Atienza, 2 Phil. 242)
Hence, if the agents of the authorities, in the beginning, lawfully seized the forbidden article and
conceived the idea of misappropriating it only after it come into their possession, then the crime would
be estafa. (US vs. Lim, 28 Phil. 404)

Unlawful taking, when complete

1. As to robbery with violence against intimidation of persons.

From the moment the offender gains possession of the thing, even if the culprit has had no opportunity
to dispose the same, the unlawful taking is complete. The fact that the defendant in his flight threw
away the property stolen or that it fell without his knowledge, does not affect the nature of the crime.

Defendant saw his victim put money into his coat jacket. The next day defendant held up and deprived
him of the coat, but finding the money was not there. Defendant threw away the coat. Held: guilty of
robbery of the coat, the offense having been complete when the defendant forcibly deprived him
thereof. (Brown vs. State, 61 Tex. Cr. 334, 136 SW 265)

2. Robbery with force upon things.

When the culprit had already broken the floor of the bodega, had entered it, and had removed one sack
of sugar from the pile, but was caught in the act of taking out the sack of sugar through the opening on
the floor, it was frustrated robbery only. (People vs. De Rosario, C.A.46 O.G. 4332

Intent to gain
Intent to gain is presumed from the unlawful taking of personal property. The intent to gain, being an
internal act, cannot be established by direct evidence, except in case of confession by the accused. It
must therefore, be deduced from the circumstances surrounding the commission of the offense. As a
general rule, however, the unlawful taking of personal property belonging to another involves intent to
gain on the part of the offender. (People vs. Sia Teb Ban, 5.4 Phi. 52)

Note: It would seem that in this kind of robbery, the thing must be taken out of the building to
commensurate the crime.

Taking as an element of robbery, means depriving the offended party of ownership of the thing taken
with the character of permanency.

The taking of personal property belonging to another should not be under claim of ownership. One who
takes personal property openly and avowedly under claim of title proffered in good faith is not guilty of
robbery even though the claim of ownership is untenable. (U.S.vs. Manluco, et al, 28 Phil 360)

Absence of intent to gain will make the taking of personal property grave coercion if there is violence
used (An: 286 RPC)

Violence or intimidation, as an element of robbery

The violence must be against the person of the offended party, not upon the thing taken. Theft, not
robbery, was committed in a case where the accused cut with the bolo the string trying to open of a sack
containing palay and then took the palay. (People vs. Adame C.A. 40 0 G Supp. 12,41)

The reason for this ruling is that Art. 293 states that the taking of any personal property belonging to
another must be among other means, by means of violence against person xxx any person.

Highway Robbery -The seizure of any person for ransom, extortion or other unlawful purposes, or the
taking away of the property of another by means of violence against or intimidation of person or force
upon thing or other unlawful means, committed by any person on any Philippine Highway.

Theft is committed by any person who, with intent to gain but without violence, against, or intimidation
of neither persons nor force upon thing, shall take personal property of another without the latter's
consent. Art 308 RPC
Theft is likewise committed by

1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or
to its owner,
2. Any person who, after having maliciously damaged the property of another, shall remove or make use
of the fruits or objects of the damage caused by him;
3. Any person who shall enter an enclosed estate or a field where trespass is forbidden or which belongs
to another and without the consent of its owner, shall hunt or fish upon the same or shall gather fruits,
cereals, or other forest of farm products.

Elements
1 That there be taking of personal property;
2. That said property belongs to another;
3. That the taking be done with intent to gain;
4. That the taking be done without the consent of the owner;
5. That the taking be accomplished without the use of violence against or intimidation of persons or
force upon things.

What distinguishes Theft from Robbery is that in theft the offender does not use violence or intimidation
or does not enter a house or building through any of the means specified in Art. 299 or Art. 302 in taking
personal property of another with intent to gain.

Presidential Decree 581 - punishes "High grading" or Theft of Gold.

Presidential Decree 401 - punishes the use of tampered water or electrical, meters to steal water or
electricity.

Meaning of "taking " in theft

In theft taking, taking away or carrying away personal property of another is not required as in larceny in
common law. (People vs. Mercado, 65 Phil. 665). The theft was consummated when the culprits were
able to take possession of the thing taken by them. It is not an indispensable element of the thief carry,
more or less far away, the thing take by him from its owner. (People us. Jaranella, 55 SCRA. 563)
Robbery and theft compared.

For robbery to exist, it necessary that there should be a taking against the will of the owner; and for
theft, it is suffices that the consent on the part of the owner is lacking. (People vs.Chan Wat, 49 Phil.
116)

Qualified Theft
The crime of theft shall be punished by the penalties next higher by two degrees than those respectively
specified in the next proceeding articles, if committed by domestic servants or with grave abuse of
confidence, or if the property stolen is motor vehicle mail matter or large cattle or consist of coconut
taken from the premises of the plantation or fish taken from a fishpond or fishery, or if the property is
taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular
accident or civil disturbance. Art. 310 RPC ( As Amended by R.A. No. 120 and B.P. Blg.71, May 1,1980)

Person liable for the crime of theft

1. If theft is committed by a domestic servant
2. If committed with grave abuse of confidence
3. If the property stolen is a motor vehicle, mail matter, or large cattle
4. If the property stolen consists of coconuts taken from the premises of plantation
5. The property stolen is fish taken from the a fishpond or fishery
6. If property is taken on the occasion of fire, Earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance

Malicious Mischief

Malicious Mischief (defined) is the unlawful damaging of another's property for the sake of causing
damage due to hate, revenge, or other evil motive.(Art 237 RPC) What are the crimes classified as
malicious mischief

They are:

1. Special Cases of Malicious Mischief. (Art 238 RPC)

2. Other Mischief (Art 239 RPC)
3. Damage and obstruction to means of communication (Art 330 RPC)
4. Destroying or damaging statutes, public monuments or paintings (Art 331 RPC)

Any person who shall deliberately cause to the property of another any damage shall be guilty of
malicious mischief. (Art 237 RPC

Elements of Malicious Mischief

1. That the offender deliberately cause damage to the property of another.

2. That such act does not constitute arson or other crimes involving destruction.
3. That the act of damaging another's property be committed merely for the sake of damaging it.

Note: These three elements presupposes that the offender act due to hate, revenge or other evil motive.
 Topic 2:

Evidence (Rule 128-Rule 134 0f the Rules of Court)

Evidence

Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth
respecting a matter of fact. Rule 128 Rules of Court. It is also defined as what is legally submitted to a
competent tribunal as a means of ascertaining the truth of any alleged matter of fact under investigation
before it. Furthermore, anything which a suspect leaves at a crime scene or takes from the scene, or
which may be otherwise connected with the crime.

Evidence can be anything that tends to prove or disprove an issue in question. It is the means by which
any alleged matter of fact is proved or disproved. It includes all matters, except comment or argument,
legally submitted to a court to enable it to decide question before it.

a. Testimonial Evidence is provided in the form of a statement or testimony provided under oath.
Testimonial evidence is usually subject to questioning and additional clarification.

b. Physical evidence is any type of evidence having an objective existence, that is, any dimension, size,
or shape. Physical evidence can take almost any form and can be as minute as a microscopic fiber in a
rape case, or the odor of a flammable liquid at the scene of a fire, or as large as an automobile involved
in a hit and run accident. For the purpose of this lesson, we will be concentrating on physical evidence.

c. Documentary evidence Documents as evidence consist of writing or any material containing letters,
words, numbers, figures, symbols or other modes of written expression offered as proof of their
contents (Rule 130, B).

RULES OF EVIDENCE: RULE 128

General Provisions

Section 1. Evidence defined. — Evidence is the means, sanctioned by these rules, of ascertaining in a
judicial proceeding the truth respecting a matter of fact. (1)

Section 2. Scope. — The rules of evidence shall be the same in all courts and in all trials and hearings,
except as otherwise provided by law or these rules. (2a)

Section 3. Admissibility of evidence. — Evidence is admissible when it is relevant to the issue and is not
excluded by the law of these rules. (3a)

Section 4. Relevancy; collateral matters. — Evidence must have such a relation to the fact in issue as to
induce belief in its existence or non-existence. Evidence on collateral matters shall not be allowed,
except when it tends in any reasonable degree to establish the probability or improbability of the fact in
issue.
Purpose of Physical Evidence

Physical evidence is any and all objects that can establish that a crime has been committed or
can provide a link between a crime and its victim or perpetrator. The purpose of physical evidence aids
in the solution of a case, provides an element of the crime, such as fear or force, and proves a theory in
the case. Physical evidence will either prove or disprove statements of what may or may not have
happened.
Physical evidence also places suspect in contact with a victim or victims, establish identification
persons involved, can exonerate the innocent, corroborate testimony, and of course can help aid during
interviews and interrogations. Physical evidence is usually identified, such as controlled substance, or
compiled. in the comparison of shattered glass found a different locations.

1. To prove that a crime has been committed, or establish key elements of the crime. Example: Fire investigators might collect pieces of carpeting at the scene of a house fire

and have it tested for the presence of flammable liquids. If such a substance was present inside the home, such physical evidence could be used to prove that the fire was

deliberately set. This would establish one of the elements of arson.

2. To link a suspect to the victim or the crime scene. Example: The suspect in a burglary might be apprehended shortly after the crime and subjected to the seizure of his

clothing. A laboratory examination of the clothing could reveal hairs identical to those of the victim or pets in the home, or even carpet fibers originating from the scene of

the crime.

3. To establish the identity of persons associated with a crime. Example: A serial rape suspect may be subjected to DNA testing and be positively linked to some or all of the

rapes.

4. To exonerate the innocent. Example: A store clerk claimed that she was sexually assaulted by her store manager after closing. She tells the authorities that she was drugged,

passed out and then awoke to discover that she had been sexually abused. When the police analysed her urine the results did not indicate the presence of any type of drugs.

When later confronted, she confessed that she had made up the story to get back at her boss for his mean behaviour towards her.

5. To corroborate victim's testimony. Example: A suspect in a serious assault case was positively identified by the victim as the perpetrator. During the attack, the victim was

severely beaten and forced to kiss the suspect's feet and beg for mercy. When the suspect was arrested minute traces of the victim's blood were later identified on his shoes,

thereby corroborating his testimony.

6. To induce a suspect to make admissions, or even confess. Example: A suspect in a murder was told that his particular brand of cigarette had been discovered at the scene of

the murder, along with his saliva, identified through DNA testing. The suspect had steadfastly denied ever being at the victim's home. Faced with this convincing physical

evidence, the suspect immediately changed his alibi and admitted that he had been at the suspect's home prior to the murder.

7. Negative evidence can help provide proof. Example: A homeowner submits a large claim to the insurance company for a burglary. In the claim, the homeowner asks for

reimbursement for various jewels, electronics, and other high priced belongings. When confronted with the obvious lack of forced entry and no receipts, the homeowner

confesses to the fraudulent scheme.

8. Physical evidence can be more reliable than eyewitness testimony. Physical evidence speaks for itself. It doesn't forget, or become flustered on the stand. Eyewitnesses often

see things differently and seldom do two witnesses provide identical observations. Frequently, witnesses will fill in gaps in their testimony when they didn't really see

everything. Additionally, with time and under cross-examination witnesses sometimes freeze and fail to provide the testimony they previously offered. This never happens

with physical evidence.

Rules of Admissibility

While Rule 128 of the Rules of Court declared the two general requirements for admissibility of evidence, Rule 130 spells out the particular requirements in order that certain

kinds of materials be admitted as evidence.

Sources of Knowledge or Evidence

1. Those derived from the testimony of people whether oral or written
2. Those obtained from circumstances
3. Those obtained through the use of the senses
a. These are the coverage of Section 1 and are presently referred to as "Object Evidence Formerly they were referred top as "autoptic or demonstrative evidence"

b. The occupy the highest level because nothing is more certain than the evidence of our sense. "Physical evidence is a mute but eloquent manifestation of truth and rates

highly in the hierarchy of trustworthy evidence

Objects as Evidence
Object as evidence are those addressed to the senses of the court. When an object is relevant to
the fact in issue, it may be exhibited to, examined or viewed by the court. (Seci Rule 130). The definition
covers any material that may be seen, heard, smelled, felt, or touched. They are the "sensual evidence"
and are grouped into:

a. Those exhibited to the Court or observed by it during the trial;

1. The weapons used, the articles recovered or seized as subjects of an offense, the effects of
the crime, clothing apparels.
2. The wound or scars in the body in physical injury cases.
3. Inspection of the body of the accused and his personal appearance to determine his body
built, physique, height, racial characteristics, and similarities with another, in paternity
suits.
4. Observations as to the demeanour of witnesses
5. Re-enactment or demonstrations of actions

b. Those which consists of the results of inspections of things or places conducted by the court (ocular
inspections) outside the court.

1. The observations made by the parties are duly recorded, pictures and other representations
may be made measurements such as sketches and
2. Examples: inspection of the crime scene; disputed boundaries; objects which cannot be
brought to court.

c. Those which consists of the results of experiments, tests or demonstrations, which may be scientific
tests/experiments, or practical tests/demonstrations provided the conduct of experiments/tests is
subject to the discretion of the court.
1. Forensics or Microanalysis: the application of scientific principles to answer questions of
interest in the legal system. Applied most often in the examination of Trace Evidence to solve
crimes based on the Principle of Contact.

a. Trace Evidence- evidence found at a crime scene in small but measurable amounts
such as hairs, fibers, soils, botanical materials, explosive residue.
 b. Principle of Contact: every person who is physically involved in a crime leaves some
minute trace of his/her presence in the crime scene or in the victim and often takes something
away from the crime scene and/ or victim

Requirements for Admissibility

a. Inherent Requirements: Proof of 1. Relevancy and 2. Competency
b. Procedural Requirement: Proof of Authentication

1. The process of proving that the object being presented in court is the very object involved in the
event.
2. The purpose is twofold: (a) to /ensure preserve the identity of the object which is to prevent the
introduction of a different object and (b) to ensure/preserve the Integrity of the Object which is to
ensure that there are no significant changes or alterations in the condition of the object or that the
object has not been contaminated

3. Important component elements of the process of Authentication:

a. Proof of Identity: Through the testimony of a witness as to objects which are readily
identifiable by sight provided there is a basis for the identification by the witness which may
either be:
i. the markings placed by the witness upon the object, such as his initials, his pictures in
the digital camera, or
ii. By the peculiar characteristics of the object i.e. by certain physical features which sets
it apart from others of the same kind or class by which it is readily identified. Examples:
a hole caused by burning in a sweater; the broken hilt of a knife

b. Proof of Identity and Integrity: By proving that there was no break in the Chain-of Custody in
the event the object passed into the possession of different persons. This means proving the
chronological sequence through which the object was handled only by persons who, by reason
of their function or office, can reasonably be expected to have the right or duty to possess or
handle the object. This is done by calling each of these persons to explain how and why he came
into the possession of the object and what he did with the object.
i. When the object passed into the possession of a stranger, then there is doubt as to the
integrity, if not identity of the object.

c. Proof of Integrity: By proving the Proper Preservation of the object which consist of showing
that the object was kept in a secure place as to make contamination or alteration difficult, and it
has not been brought out until its presentment in court.

4. Effect if there was improper authentication: The object maybe excluded upon proper objection, or
that it may not be given any evidentiary value. Thus in a criminal case, reliance thereon may be a ground
for acquittal. Example: there was conflicting testimony by the policemen as to the description of the bag
allegedly containing the drug. The conviction was reversed.
5. Authentication as applied to certain evidences:
a. As to pictures and photographs, maps, diagrams, the authenticity refers to proving
the accuracy of the things, persons, things or places depicted in the photographs which may
through the testimony of: (i) the photographer or (ii) anyone who is familiar with the persons,
things, and places shown therein
b. As to tape recordings: (Torralba vs. Pp., Aug. 22, 2005)
Facts: The accused was convicted of libel. One of the evidence was a tape recording of the radio
broadcast which recording was made by the daughter of the complainant, but the daughter was not
however presented as a witness. Question: Was the tape recording properly admitted?

Held: The person who actually recorded should be presented in order to lay the foundation for the
admission of the tape recording. Before a tape recording is admissible in evidence and given probative
value, the following requisites must first be established:
a. A showing that the recording device was capable of taking testimony
b. A showing that the operator of the device was competent in.
c. Establishment of the authenticity correctness of the recording and
d. A showing that changes, alterations, or deletions have not been made
e. A showing of the manner of the preservation of the recording
f. Identification of the speakers
g. A showing that the testimony elicited was voluntarily made without any kind of inducement
h. As to X-rays and cardiograms, motion pictures: same requirement as to tape recordings.

Limitations to the admission of objects as evidence in addition to the inherent limitations of relevancy
and competency.
a. The admission must not cause undue prejudice to the court, such as those intended
b. The admission is subject to the demands of decency and propriety, unless the admission is
extremely necessary.
1. Exhibition of the private parts in sex cases
2. Presentation of the corpse or body parts
3. Re-enactment of violent or offensive acts
4. Examples:
a. The case of the old man accused of rape who had to show his private parts to
prove he is incapable of committing the crime.

b. Case of William Alford charged of shooting a lawyer. He claimed self-defense in

that he shot the victim who was beating him with a cane while the accused was
lying down on the ground. Prosecution witness claimed the bullet had driven
downward. Earl Rogers demanded that the intestine of the victim be brought to
court and the testimony of an expert, showed that the bullet traveled upward
while the victim was bending over, thereby confirming the claim of the accused
c. Exclusion of objects which are offensive to man's sensibilities or repulsive objects
1. Waste matters, human excreta.
2. Carcasses of dead animals.
3. Killing of an animal to prove a substance is poison
 d. The procurement, presentation inspection must not cause inconvenience or
unnecessary expenses out of proportion to the evidentiary value of evidence. the
object or
e. The admission must not violate the right against self-incrimination. Handwritings: the
general rule is that a person may not be compelled to produce a sample of his
handwriting as basis for determining his criminal liability as the author of a certain
written document. This is because writing is not a mere mechanical act but involves
the application of the intellect. However, if the accused testifies in his own behalf
and denies authorship, he may be compelled to give a sample of his handwriting.

f. In cases of ocular inspections: the condition of the thing or place must not have been
altered (ii) there be prior notice of the date, time and place given to the parties
because the inspection is still part of the trial

Documentary evidence
Documents as evidence consist of writing or any material containing letters, words, numbers, figures,
symbols or other modes of written expression offered as proof of their contents.

1. Best Evidence Rule

Section 3. Original document must be produced; exceptions. — When the subject of inquiry is the
contents of a document, no evidence shall be admissible other than the original document itself, except
in the following cases:

(a) When the original has been lost or destroyed, or cannot be produced in court, without bad
faith on the part of the offeror;
(b) When the original is in the custody or under the control of the party against whom the
evidence is offered, and the latter fails to produce it after reasonable notice;
(c) When the original consists of numerous accounts or other documents which cannot be
examined in court without great loss of time and the fact sought to be established from them is only the
general result of the whole; and
(d) When the original is a public record in the custody of a public officer or is recorded in a public
office.

Section 4. Original of document.

(a) The original of the document is one the contents of which are the subject of inquiry.
(b) When a document is in two or more copies executed at or about the same time, with identical
contents, all such copies are equally regarded as originals.
© When an entry is repeated in the regular course of business, one being copied from another at or
near the time of the transaction, all the entries are likewise equally regarded as originals. (3a)

2. Secondary Evidence

Section 5. When original document is unavailable. — When the original document has been lost or
destroyed, or cannot be produced in court, the offeror, upon proof of its execution or existence and the
cause of its unavailability without bad faith on his part, may prove its contents by a copy, or by a recital
of its contents in some authentic document, or by the testimony of witnesses in the order stated. (4a)
Section 6. When original document is in adverse party's custody or control. — If the document is in the
custody or under the control of adverse party, he must have reasonable notice to produce it. If after
such notice and after satisfactory proof of its existence, he fails to produce the document, secondary
evidence may be presented as in the case of its loss.

Section 7. Evidence admissible when original document is a public record. — When the original of
document is in the custody of public officer or is recorded in a public office, its contents may be proved
by a certified copy issued by the public officer in custody thereof.
Section 8. Party who calls for document not bound to offer it. — A party who calls for the production of a
document and inspects the same is not obliged to offer it as evidence.

3. Parol Evidence Rule

Section 9. Evidence of written agreements. — When the terms of an agreement have been reduced to
writing, it is considered as containing all the terms agreed upon and there can be, between the parties
and their successors in interest, no evidence of such terms other than the contents of the written
agreement.
However, a party may present evidence to modify, explain or add to the terms of written agreement if
he puts in issue in his pleading:
(a) An intrinsic ambiguity, mistake or imperfection in the written agreement;
(b) The failure of the written agreement to express the true intent and agreement of the parties
thereto;
(c) The validity of the written agreement; or
(d) The existence of other terms agreed to by the parties or their successors in interest after the
execution of the written agreement.

The term "agreement" includes wills. 

Main Sources of Physical Evidence

The Crime Scene

The crime scene is usually the focus of the preliminary investigation and also the primary source
of physical evidence. However, it is also an area with the greatest potential for the destruction or
contamination of evidence. Crime scene specialists must be diligent in avoiding accidental
contamination of the crime scene not only by themselves, but by others, such as witnesses’ police
officers, investigators, and conditions (rain, wind, snow, etc.) environmental

All persons coming in contact with the crime scene should be cautioned about crime scene
contamination. Something as innocent as walking through the crime scene, smoking, or picking up an
item for closer examination can produce contamination every crime scene should have a contamination
sheet that lists the name, date, and time of each person's arrival and departure from the crime scene.
This sheet can also be used at a later time if the need for elimination of prints should occur.

The Victim
 The victim of a crime is often a potential source of physical evidence, particularly in the case of
sex crimes. Hair, fibers and biological fluids are all potential evidence and need to be collected following
established protocol. Time is of the essence and the potential for contamination or destruction should
be a primary concern. Crime scene specialists must be familiar with the proper methods of collecting
and protecting these items of evidence.
The Suspect and His/Her Environment
The suspect and his/her environment can be prime sources of physical evidence Just as the
victim of a sexual assault will most likely poses physical evidence, the suspect is no different Transfers of
evidence readily occur and must be sought out on both the suspect and his/her environment, such as
the suspect's vehicle or home. Again, time is of the essence and the potential for destruction or
contamination is great. Crime scene specialists must always be on the alert for potential sources of
physical evidence, such as the suspect's vehicle, clothing, shoes, or furniture.

Comparison Evidence
Standards for Comparison
● Most evidence found at a crime scene is of diminished value without a standard for comparison.
Even the best fingerprint with the clearest characteristics is useless unless there is a rolled print to
compare it to.
● Finding evidence at the scene is only half the battle. The value or uniqueness of that piece of
evidence must be proven in such a manner that it provides a basis for logical conclusion, i.e. the
fingerprint had to be deposited at the scene by the suspect.
● The investigator or crime scene specialist must also obtain the needed standards for
comparison. If some foreign fibers were discovered at the scene of a crime, the investigator or crime
scene specialist must be able to locate material that can be used for comparison, i.e. a shirt or jacket
from the suspect that has a similar fabric and color.

Examples
● A shoeprint only yields general information about the shoe that makes the print, unless the
investigator can compare it to the suspect's shoes
● Hair evidence gives the most information when it can be compared to that of the victim or
suspect.
● A recovered projectile (bullet) will yield the most information when checked against a suspect's
firearm

Standard Reference Files and Collections

Nearly every crime laboratory maintains standard reference files and collections that can be used for
comparison or informational purposes. For example, in the United States, the Federal Bureau of
Investigation (FBI) Laboratory maintains the following standard film so that evidence can be compared:

1. Adhesives
2. Ammunition
3. Check writer standards
4. Duct tape/electrical tape
5. Explosives and related items
6. General rifling characteristics
7. Hair and fibers
. National automotive image file
9. National automotive paint file
10. National motor vehicle certificate of title
11. National motor vehicle altered numbers file
12. National vehicle identification numbers file
13. Office equipment standards (typewriters, copiers, printers, etc.)
14. Reference firearms collection
15. Safe insulation
16. Safety paper standards
17. Shoe sole design standards
18. Tire tread design standards
19. Watermark standards

The FBI Laboratory also maintains the following files of questioned material:
1. Anonymous letters
2. Bank robbery notes
3. Fraudulent checks
Relationship between the Investigator and Crime Scene Specialist

Mutual Objective
The investigator and crime scene specialist share the same objective, that being the collection of
evidence to help solve a crime and prove the involvement of the suspect(s). Although each has a
particular role, they both work toward the common goal of bringing the offender to justice.
Working Relationship
The investigator and crime scene specialist should have a close working relationship that allows
them to freely share ideas, theories and thoughts concerning the collection of evidence. Neither should
feel like the primary source of ideas or theories about the presence or value of potential evidence. Each
usually brings a tremendous amount of experience and expertise to the table. It is this combined
experience and expertise that leads to success.

The Purpose of the Crime Laboratory

A crime laboratory is a scientific tool that exists for the purpose of assisting the investigator and
crime scene specialist in the process of criminal justice. The laboratory provides this assistance through
the examination and comparison of physical evidence collected from a variety of sources, such as the
crime scene, the victim, the suspect, and other related areas. The crime laboratory can often answer, or
help answer vital questions concerning whether a crime has been committed, who committed it, or just
as important, who could have committed it. The crime laboratory seeks these answers through scientific
analysis of physical evidence submitted by the crime scene specialist.
Laboratory personnel are subject matter experts and provide testimony regarding the analysis they
conducted, as well as their interpretation of such analysis. Their court testimony can often have a
significant impact on a jury, particularly when the case is based primarily on circumstantial evidence.

Technical Report Writing

a. Initial report

b. Incident report

c. Spot report

d. Progress report

e. Final investigation report

f. Post Operation report

g. Accomplishment Report

h. ABC report

A. Initial Report Writing

 When you first contact the police report a crime, this is called an initial report.

 An initial report can be taken over the phone or in person and will cover basic facts of what has happened.

Police Report Writing

 A police report writing is a document that details all of the facts circumstances, and timeline of events surrounding an incident.

BASICS OF REPORT WRITING SKILLS

 Write in the first person

 Use chronological order

 Use past tense

 Use active voice

 Use correct spelling and punctuation

 Use correct subject/verb agreement

 Use correct pronoun reference

 Avoid jargon and wordiness

 Write facts rather than opinions

 Choose the correct word to describe the incident

 Organize the report by using openings, paragraphs, and headings.

B. Incident reports

Incident reports should form a defining piece of every company’s incident response protocol. You should have a relevant and comprehensive incident report form at the ready when

an incident takes place. With a great report to hand, you can investigate the problem with fact-finding and build recommendations to prevent an increase in frequency and severity

of the incident.
An incident report is a formal recording of the facts related to a workplace accident, injury, or near miss.
Its primary purpose is to uncover the circumstances and conditions that led to the event in order to
prevent future incidents.

Meaning of Report Writing Incident

Incident reporting is the process of documenting all worksite injuries, near misses, and accidents. An
incident report should be completed at the time an incident occurs no matter how minor an injury is.

Types of Report Writing Incident

The 4 main incident reports that should be on your list are

Near Miss Reports. Near misses are events where no one was injured, but given a slight change in timing
or action, someone could have been.

Injury and Lost Time Incident Report.

Exposure Incident Report.

Sentinel Event Report

C. SPOT REPORT

- is just a concise or brief narrative report, so this is very important, because this is the best evidence
as to what happen at least in the initial investigation.

Memorandum

For:

From:

Subject: Spot Report

Date:

_____________________________________________

1. Reference:

2. Facts of the case

3. Disposition

4. For follow up report

5. Signature

D. PROGRESS REPORT

-is an accounting of tha actions or series of actions undertaken in relation to an ongoing investigation of
a case.
E. FOLLOW-UP REPORT

To pursue or investigate something further. A follow-up is something that is done to continue or

add to something done previously. Follow-up is to check the progress of the report undertaken as it is
being operation until the order is converted into final report.

FOLLOW-UP REPORT

 A Follow-up Report is submitted to provide amended or additional information about an event or incident that has already been reported, particularly if the event was se-

rious and unexpected.

 It is written and submitted every time and accomplished whenever any development relevant to the case is discovered. It serves as a gauge or yardstick for the detective’s

efficiency. It contains the result of the follow-up investigation of a recent case.

 It is submitted by a Police officer after conducting further investigation of a particular incident.

MEMORANDUM

FOR :

FROM :

SUBJECT : Follow-Up Report

DATE :

1. Reference: (previous related Memos)

2. (Indicate briefly the date/time and place of occurrence) example
3. (Brief facts of the case)
4. (Other Facts)
5. Requested/recommended actions from Hqs.
6. Disposition/ Action Taken
7. Final Report will follow
8. Signature

F. investigation report

is a document that details the findings of an investigation as soon as a formal complaint is filed or an
incident occurs. This is where investigators record the issues of the matter, analyze the evidence, and
formulate a conclusion. It is impartial and based on evidence, not on the opinions of an investigator or
the parties involved.

Investigation reports aim to ensure that a case undergoes a timely, complete, and accurate
investigation, including workplace incidents.

Purpose of Investigation report

a. It serves as records for police administrators
in planning, directing, and organizing the unit's duties
b. Reports can be used as legal documents in the
prosecution of criminals
c. Reports can be used by other agencies
d. Reports can be useful to local media which need
access to public documents
e. The author of a report should also consider
his/her (written) work is reflective of his personality

10 Investigation Report Must Haves

1. Information to identify the case
2. Referral source
3. Allegation details
4. Information about the subject
5. Investigation scope/purpose
6. Case notes
7. Interview summaries
8. Interview reports
9. List of evidence
10. Recommendations

MEMORANDUM

FOR :

FROM :

SUBJECT : Follow-Up Report

DATE :

1. Authority
2. Matters to be Investigated
3. Facts of the case
4. Investigation/Findings
5. Conclusion
6. Recommendation
7. Signature

G. Accomplishment Report

ACCOMPLISHMENT

-is something that has been achieved successfully.

-An accomplishment is something that has been accomplished—achieved, carried out, or finished.
 To accomplish a goal is to complete it.

REPORT

-a report is a document that presents information in an organized format for a specific audience
and purpose. Although summaries of reports may be delivered orally, complete reports are almost
always in the form of written documents.

-An accomplishment report is a regularly prepared status report which is a summary of

professional achievements that the person or an organization made throughout the course of a
performance a year. Specific information related to teamwork progress, goals established and achieved,
problems that have arisen, decisions made and descriptions of activities are covered by the report.

-The importance of an accomplishment report is to show the reader what you or the
organization has achieved within a given time period.

1. Open with a summary paragraph.

2. Provide details to back up each summary point. 
3. Use professional formatting. 
4. Keep Track of the Time Period Where You Have to Write Down all Accomplishments.
5. Provide Visuals.

H. Post Operation Report definition:

It is a report that may be rendered after any successful police operation that leads to the arrest
of any member or some members of syndicated crime group.

Post operation report is very important in the police field. It is the product of the police effort in
the conduct of their operation. This serves as a means of spreading information inside and outside the
organization, that is why the officers must be able to accurately record information regarding those
activities and present it to those who were not there while doing their job well.

MEMORANDUM

FOR :

FROM :

SUBJECT : Follow-Up Report

DATE :

1. Authority
2. Mission
3. Date/Time/Placed covered
4. Personnel Involved
5. Synopsis of Operation
6. Result of Operation
7. Critique and Observation
8. Recommendation
9. Signature
 ABC Report

4 MAJOR GUIDELINES IN REPORT WRITING

◦ ACCURACY

◦ BREVITY

◦ CLARITY

◦ COMPLETENESS

ACCURACY

◦ A factual report must be accurate.

◦ Its basic purpose is to describe people, events or objects.

◦ An inaccurate report is worthless and may even be dangerous.

◦ CHECK YOUR FACTS CAREFULLY!

BREVITY

◦ means economy in word usage, pruning away useless words. We should avoid repetition and
redundancy.

For example:

Maria lives in a city called Banglore, in a place called Indira Nagar

Maria lives in Indira Nagar in Banglore.

CLARITY:

◦ Readers should be able to understand each word, sentence and paragraph quickly.

◦ Avoid the use of jargon, slang, acronyms or unclear words- think about who will read your
report.

COMPLETENESS:

◦ Put all the facts in the report- don’t make the error of deciding what’s enough or what’s
important.

◦ Facts should be organized, not edited.

◦ Failing to include all known facts in a report is at the least a poor practice, it could be illegal.