Professional Documents
Culture Documents
p196 Prelim To Finals
p196 Prelim To Finals
LESSON 1
SPECIAL CRIME INVESTIGATION DEFINED
Philippines justice system, particularly the court, relies more on physical evidence rather than extra-
judicial confessions and testimonies.
It generates tracing evidence that leads to the apprehension of dangerous criminals. Oftentimes,
potential valuable evidences are destroyed or rendered useless be careless behavior and handling at the
crime scene.
Book of Xi Yuan Lu - The first written account of using medicine and entomology to solve criminal
cases.
Carl Wilhelm Scheele - he devised in 1773 a method for detecting arsenous oxide, simple arsenic, in
corpses.
Henry Goddard - at Scotland Yard pioneered the use of bullet comparison in 1835.
Alphonse Bertillon - was the first to apply the anthropological technique of anthropometry to law
enforcement, thereby creating an identification system based on physical measurements.
Sir William Herschel was one of the first to advocate the use of fingerprinting in the identification of
criminal suspects.
Azimuth - uses polar coordinates. This method requires two people; one to hold each end of a tape
measure. This type of measuring convention is best suited for large open areas where there might not
be any fixed reference points. A known starting point must be established in your scene which might
require pounding in a stake. That point is located by using a handheld GPS (global positioning system).
A large protractor or some other type of board marked with a circle and degree increments is used. The
zero location on the board is oriented toward magnetic north.
Triangulation - is a method that can be used when the scene is irregularly shaped. Two control points
are used for this method.
LESSON 2
Key Terminologies in Special Crime Investigation
First Responder (FR) is someone designated or trained to respond to an emergency. First Responders
or any authority that arrived at the crime scene are responsible to the following:
1. Preserve life and identity of the suspect/s;
2. Locate (if evaded) the suspect;
3. Secure the witness;
4. Preserve the integrity of the crime scene’s physical boundaries; and
5. Reconstruct the crime scene.
Criminal Profiling, also known as, Offender Profiling refers to a set of investigative techniques used
by the police to try to identify perpetrators of serious crime. It involves working out the characteristics
of an offender by examining the characteristics of the crime scene and the crime itself.
Crime Scene Processing, this approach is not only common sense, but also vital. The steps employed
to adequately assess any crime scene are, quite basically, to interview, examine, photograph, sketch
and process a crime scene. Processing a crime scene requires great attention to detail and nuance.
Parricide is the act of killing one's father (patricide), or less commonly one's mother (matricide) or
some other close relative.
Murder–suicide is an act in which an individual kills one or more people before (or while) killing
themselves.
Sketch is a rough drawing representing the chief features of an object or scene and often made as a
preliminary study. There are two types of sketches that must be prepared during an investigation:
a. Rough Sketch is a sketch drawn at the crime scene that contains an accurate depiction of the
dimensions of the scene & shows the location of all objects having a bearing on the case.
b. Finished sketch is a precise rendering of the crime scene, usually drawn to scale.
Prosecution is the act or process of holding a trial against a person who is accused of a crime to see if
that person is guilty.
Arrest is to seize someone by legal authority, or the legal taking of a person in custody.
Conviction is a formal declaration that someone is guilty of a criminal offense, made by the verdict of
a jury or the decision of a judge in a court of law.
Appeal is to apply to a higher court for a reversal of the decision of a lower court.
Criminal Law is that branch or division of law which defines crime, treats of their nature, and
provides for their punishment. It binds all the people who lives or sojourn in the Philippine territory.
In Flagrante Delicto or sometimes simply in flagrante is a legal term used to indicate that a criminal
has been caught in the act of committing an offence. The colloquial "caught red-handed" and "caught
rapid" are English equivalents.
Armed Robbery involves the use of weapons such as firearms, knives or other dangerous weapons.
a. Animus Lucrandi is the intent to gain in a robbery.
b. Bienes Muebles means a personal property belonging to another, in Robbery.
Dying declaration is made by the person under a consciousness or an impending death regarding the
cause and surrounding of the injury which subsequently produces his death.
Power-Reassurance Rapist is one who psychologically doubts his masculinity and seeks to dispel this
doubt by exercising power and
control over women.
Arson is an act of willfully and maliciously damaging or destroying a building or other property by fire
or explosion.
Photography is the most reliable means of preserving the crime scene or evidence.
Contusion is an injury found in the substance if the skin, discoloration of the surface due to the
extravasations of blood. This is due to the application of blunt instrument.
Abrasion is an injury characterized by the removable of the superficial epithelial layer of the skin
brought about by the friction against a hard rough surface.
Stab wounds are produced by the application of a sharp instrument which is edge and sharp pointed.
Punctured wounds are produced by sharp pointed instrument like ice picks, nails pins, etc.
Lacerated wounds are made by the tearing of the skin due to forcible contact a blunt instrument.
Confession is an express acknowledgment by the accused in a criminal prosecution of the truth of his
guilt as to the offense charged, while admission refers to statements of fact not directly constituting an
acknowledgment of guilt.
Investigation was derived from the Latin word “Investigatus or Investigare” which means to trace or
track. Literally, investigation means the act or process of careful inquiry or research; and /or the
systematic examination of some scientific detail or question whether by experiment or mathematical
treatment. It may have been derived also from “vestigium,” another Latin word which literally meant
footprint.
It can also be understood as a patient, step by step (systematic) and careful (thorough) examination of
something or someone. It can be a legal or non-legal. With this premise, investigation can be identified
into six major types:
a. Formal Investigation refers to official inquiry conducted by a government agency in an effort to
uncover facts and determine the truth.
b. Inquest is an effort to search the basic cause of an incident such as the commission of a crime. It is
also used to describe a form of judicial inquiry.
c. Inquisition is a more historical description than a current usage to describe penetrating investigation
concerning a religious issue.
d. Probe is similar to formal investigation but is an extensive, searching inquiry conducted by a
government agency.
e. Research is most often employed to refer the careful, patient investigations done by scientists or
scholars in their efforts to identify original sources of data or causes of problem.
f. Investigative Reporting is a recent type of investigation conducted by the members of the press on
their own initiative.
The primary job of the investigator is to discover whether or not an offense has been committed under
the law, after determining what specific offense has been committed, he must discover how it was
committed, by whom, where it was committed, when and why it was committed.
Criminal Investigation is an art which deals with the identity and location of the offender and
provides evidence of guilt through criminal proceedings. It may also be defined as may be defined as
the process of carefully examining or researching what transpired in a criminal act. Modern-day
criminal investigations commonly employ many modern scientific techniques known collectively
as forensic science.
Criminal Investigation: Art or Science?
Criminal Investigation is deemed considered as an art since it involves the personal qualities of the
investigators as to how he will utilize different techniques and devise his own investigative skills in
order to apprehend the perpetrator.
Criminal investigation as a science in a sense that criminal investigation follows a logical procedure,
methods or process in order to arrive at a certain conclusion as to how the crime was committed as well
as to how he will provide evidence to prove the guilt of the perpetrator during criminal proceeding.
Perpetrator refers to the person suspected to have committed an act which is defined by law as crime
and whose identity was unknown to the police.
In the course of investigating crime, criminal investigation takes the following stages to ensure the
success of the case being handled namely:
Criminal Investigation involves the systematic process of identifying, collecting, preserving, and
evaluating data or raw facts to produce valuable information for the purpose of bringing a criminal
offender to justice. As a process, it is based on a systematic plan.
At the heart of criminal investigative process is the RULE OF LAW. As it applies to the duties of the
investigator, the rule of law dictates what officers can and cannot do while performing their duties. The
following are some legal doctrines in criminal law basically used in criminal investigation:
1. Exclusionary Rule – in 1914, in Weeks vs. USA, the US Supreme court decided a rule that federal
courts may not accept evidence obtained by unreasonable search and seizure, regardless of its relevance
to a case.
2. Fruit of the Poisonous Tree Doctrine – provides that the evidence obtained as a result of an illegal
operation must be excluded from trial. (Mapp vs. Ohio)
3. Miranda Doctrine requires that suspects must be informed of their right to remain silent, and to
have an attorney present during questioning process. It also mandates that prior to any questioning, the
police must inform the suspect of his: right to remain silent; right to consult with an attorney; and his
rights cannot be waived except in writing and in the presence of a counsel.
Other doctrines in criminal jurisprudence which criminal investigators must consider in performing
their tasks of investigating crimes are: Doctrine of Warrantless Arrest; Doctrine of Hot Pursuit; Plain
View Doctrine; and Doctrine of Reasonable Doubt.
Due process is the legal requirement that the state must respect all legal rights that are owed to a
person. Due process balances the power of law of the land and protects the individual person from it.
When a government harms a person without following the exact course of the law, this constitutes a
due process violation, which offends the rule of law.
In the Philippines, due process is mentioned particularly in article III of the 1987 Philippine
Constitution where due process seeks to ensure the that no person is deprived of life, liberty, or
property without notice of changes, assistance from legal counsel, a hearing and a chance to confront
one’s accusers. In short, due process can be defined as “IT HEARS BEFORE IT CONDEMNS.”
LESSON 3
THE GOLDEN RULE OF INTERVIEW
It is the questioning of a person believed to possess information which is relevant to the investigation
of a crime or on criminal activities. Also, it is a conversation with a purpose, motivated by a desire to
obtain certain information from the person being interviewed as to what was done, seen, felt, heard,
tasted, smell or known. Also, this is trying to question a person who is believed to be possessing
knowledge that is significant to an investigator.
Cognitive Interview is a form or technique in the conduct of interview upon willing and cooperative
witnesses, where they are given the full opportunity to narrate their accounts without intervention,
interruption and inference from the interviewer.
Rapport is the development of intimacy between the interviewer and the interviewee. It is winning the
confidence of a person being interviewed in order that he will tell all the information in his possession.
The interviewer must be in respectable civilian attire because many thinks that uniform is intimidating.
Forceful Personality pertains to the appearance of the interviewee and other qualities such as skills of
communication techniques and the force of his language are the mainstays of the strength of his
character.
Knowledge of Human Behavior is the ability of the interviewer to determine the personality and
intelligence of his subject. He must go down and up to the level of understanding of his particular
subject – the interviewee.
Conversational Tone of Voice means that his tone of voice must be conversational, not
confrontational as in interrogation.
Common Interest shows that his preliminary probing questions should be aimed to establish common
interest between him and the subject.
Acting Qualities refers to the fact that the investigator must possess the qualities of an actor, salesman,
and psychologist and knows how to use the power of persuasion.
Humility states that he must be courteous, sympathetic and humble, ready to ask apologies for the
inconvenience of the interview.
LESSON 4
THE WITNESS
A witness is a person who sees an event, typically a crime or accident, take place.
2. The Daubert test is a standard for determining the reliability of scientific expert testimony in court
currently adopted by many jurisdictions. Five factors are utilized to assess the scientific theory or
technique testing of theory, use of standard and controls, peer review, error rate, and acceptability in
the relevant scientific community.
2. Great Inconvenience
The ordeal of testifying in court is an inconvenience on the part hands-to-mouth and to the
unemployed.
3. Hatred against the Police
This hatred is may be due to a previous bad experience with rogue members of police organization.
5. Avoidance of Publicity
These are witnesses who are shy and they shun publicity that will bring them discomfort to their
ordinary or obscure way of living.
6. Family Restriction
Some famous and respected families preserve their reputation by instilling to their members the need of
approval of their elders on matters affecting their families.
7. Bigotry
Religious, racial, tribal, or ethnic kind of indifference.
8. Cultist Indoctrination
Some cults or religious denomination exercise religious or moral influence on the decision of witnesses
to testify. It would be more apparent when the witness and the suspect belong to the same cult.
2. Approach
The investigator must carefully select his kind of approach, which may be a single kind, a
combination of two, or the application of all techniques.
3. Warming Up
This is being done by preliminary or exploratory questions to clear the atmosphere, promote a
conducive ground for cordiality, respect, and trust.
4. Cognitive Interview
The subject is now asked to narrate his account without interruption, intervention or inference.
Rules in Questioning
One Question at a Time
Avoid multiple, complex and legalistic question.
Avoid Implied Answers
The nod of the head or any other body language as a response to the question should be avoided. The
answer must be oral, clear, explicit and responsive to the questions.
Simplicity of Questions
A short, simple question at a time is required.
Saving Faces
Embarrassing questions on the subject on matters of exaggeration of honest errors about the time,
distance and description can be avoided if the investigator will cooperate with the subject to “save his
face.”
Yes and No Answers
Do not ask questions which could be answered by “Yes” or “No.” It will curtail the complete flow of
information and will lead to accuracy.
Disinterested Types are those who are uncooperative and indifferent subject. Their difference should
be demolished to arouse their interest or to be flattered.
The Drunken Types are the ones that the investigator must adapt to, especially on the psychological
part of the subject. When this type of subject is sobered, another interview will be conducted,
confronting him about his disclosures while in the state of drunkenness. Written statement must be
taken during his sobriety.
4. Suspicious Type is those who are suspicious about the motive and actions of the investigator. The
barrier of the suspicions may be removed by sincere explanations or psychological pressure.
Talkative Types are those who are prone to exaggerate, adding irrelevant or new matters to their
narrations. The skillful investigator could prune the unnecessary matter from relevant ones.
Honest Witnesses are truthful and cooperative witnesses where the investigator could rely upon, with
little or no problem in handling them.
Deceitful Witness is a liar. The investigator must let them lie in order for them to repeat their
narrations several times. They will be enmeshed in contradictions.
Timid Witness is the shy-type of witness. The approach must be friendly and they must be reassured
of the confidentiality of the information given.
Boasting, Egoistic or Egocentric Witnesses are good witnesses because of their ability to express
their accounts of the commission of the crime. They are susceptible to add color or importance in their
role as witnesses, probably under-rating the accounts of others.
Refusal-to-Talk Witness is the most difficult subjects to deal with. The causes may be trauma, shock,
fear, hatred, and others.
The IRONIC Format is a form of interview wherein the witness can be described by its acronym
‘IRONIC’ which stands for Identity, Rapport, Opening Statement, Narration, Inquiry, and Conclusion.
Identity
Prior to the commencement of an interview, the investigator should identify himself to the subject by
name, rank, and agency, except when there is no need to know the officer’s identity.
Rapport
It is good to get the positive feeling of the subject towards the investigators, such friendly atmosphere
is a vital for both the subject and the investigator to have a better interaction.
Opening Statement
The investigator must have to indicate why the subject is being contracted.
Narration
The witness should be allowed to tell all he knows with little interruptions from the investigator.
Inquiry
After all information have been given by the subject, that is the time for the investigator to as question
to clarify him about the case under investigation.
Conclusions
After the interview, it is but proper to close the interview with outmost courtesy and thanking the
subject for his cooperation.
Statement Analysis
All complaints and testimonies of witnesses are subjected to the crucible truth. Utmost care must be
exercised before concluding the culpability of the suspect.
LESSON 5
THE ART OF OBTAINING INFORMATION
Information is the knowledge or data, which an investigator acquired from other persons or records.
Classes of Information
1. Regular Sources are records, files from the government and non-government agencies, and new
items.
2. Cultivated Sources are information gathered upon initiative of the investigator from
informants, vendors, taxicab drivers, and others.
Informant is a person who gives information to the police relevant to a criminal case about the
activities of criminals or syndicates.
Types of Informants:
Anonymous informant does not wish to be identified.
Double crosser informant wants to get more information from the police.
Motives of Informants
a. Vanity
b. Civic-mindedness
c. Fear
d. Repentance
e. Avoidance of punishment
f. Competition
g. Revenge
h. Jealousy
i. Remuneration
3. Grapevine Sources are information coming from the underworld characters such as prisoners
and ex-convicts.
MIDTERM COVERAGE
LESSON 1
POLICE IN THE MODERN WORLD
I. Concepts of Criminalistics
The first polygraph was created in 1921, when a California-based policeman and physiologist John A.
Larson devised an apparatus to simultaneously measure continuous changes in blood pressure, heart
rate and respiration rate in order to aid in the detection of deception. The invention of the polygraph
cannot be, however, attributed to a single individual. Seven years prior, in 1914, Italian psychologist
Vittorio Benussi had published his findings on the respiratory symptoms of the lie detector, and it was
American psychologist, lawyer and author William M. Marston who invented the discontinuous
systolic blood pressure test for the detection of deception in 1915 which, when taken together, formed
the basis for Larson’s polygraph.
Larson’s early work benefited from the aid of his then-protégée Leonarde Keeler, who is often
credited with the creation of the first polygraph testing procedures, such as the Relevant/Irrelevant
Question Technique.
Keeler was responsible for making the polygraph apparatus portable and was the first to add the
galvanic skin response (GSR) channel to it in 1938, based on the work of Fordham University Graduate
School Psychologist Reverend Walter G. Summers. Keeler, however, did not share Larson’s dedication
to academia, but rather desired financial and commercial success. Prior to his death in 1949, Keeler
contributed greatly towards the popularity of the polygraph, much like Marston did, but also became
one of the first of many to focus purely on the polygraph’s lucrative potential at the expense of any
academic contribution. Following Keeler’s death, the polygraph’s history continued unabated with
John E. Reid, who is known for the controversial ‘Reid Technique’ of interviewing/interrogation. Reid
did not only establish his own polygraph school, but developed the CQT, the polygraph testing
procedure that replaced Keeler’s Relevant/Irrelevant Question technique as the most widely used
technique, which it remains to date.
Control Question Technique (CQT)
The Reid Technique is a method of interrogation. The system was developed in the United States by
John E. Reid in the 1950s, who was a psychologist, polygraph expert and former Chicago police
officer. The technique is known for creating a high-pressure environment for the interviewee, followed
by sympathy and offers of understanding and help, but only if a confession is forthcoming. Since its
spread in the 1960s, it has been a mainstay of police procedure, especially in the United States.
Theme Development
The investigator then presents a moral justification (theme) for the offense, such as placing the
moral blame on someone else or outside circumstances. The investigator presents the theme in a
monologue and in a sympathetic manner.
Handling Denials
When the suspect asks for permission to speak in this stage (likely to deny the accusations), the
investigator should discourage allowing the suspect to do so.
Overcoming Objections
When attempts at denial do not succeed, a guilty suspect often makes objections to support a
claim of innocence. The investigator should generally accept these objections as if they were
truthful, rather than arguing with the suspect, and use the objections to further develop the
theme.
Ex. “I would never do that because I love him.”
2. Police Photography division of forensic science focused in providing pictorial record of the crime
scene.
Any police photographs are considered forensic if they are recorded and sworn by the police
photographer as evidence authored under law. Also, surveillance photos of a suspect or a security
camera documenting a beer store robbery can be introduced as forensic when sworn by the owner and
then used as evidence.
3. Forensic Chemistry involves the use of the science of chemistry in the examination of fibers, hairs,
powder burns, blood, stain, paints, poisonous substances and other matters in their relevance to the
investigation.
Chemistry Division:
1. Analysis of contact traces
2. Comparison of materials
3. Proof of fraud or false pretense
4. Toxicology, isolation and identification of poisons
5. Examination and comparison of prohibited drugs
6. Identification of substances used in abortion
7. Determination of alcohol in body fluids from allegedly intoxicated motorists
8. Identification of explosives
9. Malicious damage with chemicals
10. Water pollution
11. Fire raising materials from debris taken from scenes of fire
4. Legal Medicine is used to determine the cause of death as one of the elements of corpus delicti and
it could also approximate the time of death and other pertinent and relevant matters in the investigation.
A comparison microscope is used for the examination of fired bullets, bullet fragments and
cartridges/shot shell cases. According to the shot patterns of the crime scene, authorities speculated
whether this shooting was an accident or intent.
It deals with the preservation of fingerprints, bite marks, broken fingernails, bodily fluids, shoe or tire
markings, hair strands, fibers, paints, glass, blood/stains and dried blood stains.
Another notable amendment is the change of the term “Best Evidence Rule” to “Original Document
Rule.” This change was made to reflect the precept that the application of the rule is limited to
documentary evidence only.
Furthermore, the RRE expanded the definition of documentary evidence. Under Section 2 of Rule 130,
documentary evidence includes writing, recording, photograph or other record.
Photographs, still pictures, drawings, stored images, X-ray films and motion pictures or videos are
expressly included in the definition of documentary evidence. Given that photographs and recordings
are considered documentary evidence, the “Original Document Rule” likewise applies.
8. Forensic Odontology pertains to the removal of dentures are of paramount importance in the
identification of unknown bodies especially when other means of identification is lost.
9. Forensic Psychology is a very recent science in the field of criminal investigation and detection.
Hair Examination
The roots of the hair when examined under this new technology will determine the presence of drugs
taken by the person two years prior to the said examination.
LESSON 3
RELEVANT LAWS
No. 7 Opinion Rule, Sec. 48. General Rule. – The opinion of witness is not admissible, except as
indicated in the following sections.
Section 42. Part of Res Gestae. – Statements accompanying an equivocal act material to the issue, and
giving it a legal significance, may be received as part of the res gestae.
No. 7 Opinion Rule, Sec. 49. Opinion of Expert Witness. – The opinion of a witness on a matter
requiring special knowledge, skill, experience or training which he shown to possess, may be received
in evidence.
No. 7 Opinion Rule, Sec. 48. Opinion of Ordinary Witnesses. – The opinion of a witness for which
proper basis is given, may be received in evidence regarding:
The identity of a person about whom he has adequate knowledge;
A handwriting with which he has sufficient familiarity; and
The mental sanity of a person with whom he is sufficiently acquainted.
The witness may also testify on his impressions of the emotion, behavior, condition or appearance of a
person.
B. R.A. 9208
Sec. 1. Title. This Act shall be known as the “Anti-Trafficking in Persons Act of 200.”
Sec. 2. Declaration of Policy. – It is hereby declared that the State values the dignity of every human
person and guarantees the respect of individual rights. In pursuit of this policy, the State shall give
highest priority to the enactment of measures and development of programs that will promote human
dignity, protect the people from any threat of violence and exploitation, eliminate trafficking in
persons, and mitigate pressures for involuntary migration and servitude of persons, not only to support
trafficked persons but more importantly, to ensure their recovery, rehabilitation and reintegration into
the mainstream of society.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation
shall also be considered as "trafficking in persons" even if it does not involve any of the means set forth
in the preceding paragraph.
(b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is
unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition.
(c) Prostitution - refers to any act, transaction, scheme or design involving the use of a person by
another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other
consideration.
(d) Forced Labor and Slavery - refer to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom,
abuse of authority or moral ascendancy, debt-bondage or deception.
(e) Sex Tourism - refers to a program organized by travel and tourism-related establishments and
individuals which consists of tourism packages or activities, utilizing and offering escort and sexual
services as enticement for tourists. This includes sexual services and practices offered during rest and
recreation periods for members of the military.
(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor or those of
a person under his/her control as security or payment for a debt, when the length and nature of services
is not clearly defined or when the value of the services as reasonably assessed is not applied toward the
liquidation of the debt.
(i) Council - shall mean the Inter-Agency Council against Trafficking created under Section 20 of this
Act.
LESSON 4
CONCEPTS OF HUMAN RIGHTS INCLUDING THE RIGHTS OF A PERSON
UNDER CUSTODIAL INVESTIGATION
Custodial Investigation is any questioning by law enforcement after a person has been taken into
custody or otherwise deprived of his freedom of action in any significant way. It refers to the
investigation conducted by law enforcement immediately after arrest for the commission of an offense.
It begins when a person has been arrested and brought to the custody of law enforcers in which
suspicion is focused on him in particular and questions are asked from him (the suspect) to elicit
admissions or information on the commission of an offense.
R.A. 7438, otherwise known as “AN ACT DEFINING CERTAIN RIGHTS OF A PERSON
ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE
DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND
PROVIDING FOR VIOLATIONS THEREOF,” was enacted into law.
D. Bill of Rights - Sec. 12, Article III of the 1987 Constitution states that:
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 competent and independent counsel preferably of his own
choice. If the person cannot afford the services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall
be used against him. Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible
in evidence.
Sec. 17 states that no person shall be compelled to be a witness against himself.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.
FINAL COVERAGE
LESSON 1 - FINALS
Confession is the direct acknowledgement of guilt arising from the commission of a crime.
Types of Confession
Extra-Judicial Confession is those made by the suspect during custodial investigation.
Judicial Confession is those made by the accused in open court. The plea of guilt may be during
arraignment or in any stage of the proceedings where the accused changes his plea of not guilty
to guilty.
2. Physical Show-Up is only one person is shown to the witness usually at the scene of the crime and
made immediately after the arrest of the suspect.
LESSON 2 - FINALS
If you do a Google search on how to tell when someone is lying, you’ll find many articles that give you
lists with items such as nervousness, voice changes, fidgeting, or averting eye contact. But if you have
ever participated in an interview, these happen all the time! These are perfectly normal reactions to a
relatively stressful event such as an interview or interrogation. Also, 23% of people admit lying during
an interview.
An interrogator/interviewer can continue to rephrase your question until you receive enough
clarification. If someone is indeed lying, continuing to push the conversation will lead to a new choice
—they must now escalate the lie or claim a misunderstanding and explain the truth. If they choose to
escalate the lie, the indicators that they are lying tend to become more obvious. Knowing what types of
lies to look out for can also be helpful in detecting lies:
1. Error—a lie by mistake. The person believes they are being truthful, but what they are saying is not
true.
2. Omission – leaving out relevant information. Easier and least risky. It doesn’t involve inventing any
stories. It is passive deception and less guilt is involved.
3. Restructuring—distorting the context. Saying something in sarcasm, changing the characters, or the
altering the scene.
4. Denial—refusing to acknowledge a truth. The extent of denial can be quite large—they may be lying
only to you just this one time or they may be lying to themselves.
1. White lie
In this model, white lies are altruistic as we seek first to help others, even at some cost to ourselves.
In practice, there are shades of white and what we tell ourselves are white lies are often tending more
towards gray than pure white. Even when we lose out significantly, there is arguably always some
benefit, for example in the way we feel good about our actions and how others praise or thank us for
our selflessness.
2. Gray lie
Most of the lies we tell are gray lies. They are partly to help others and partly to help ourselves. They
may vary in the shade of gray, depending on the balance of help and harm. Gray lies are, almost by
definition, hard to clarify. For example you can lie to help a friend out of trouble but then gain the
reciprocal benefit of them lying for you while those they have harmed in some way lose out.
3. Black lie
Black lies are about simple and callous selfishness. We tell black lies when others gain nothing and
the sole purpose is either to get ourselves out of trouble (reducing harm against ourselves) or to gain
something we desire (increasing benefits for ourselves). The worst black lies are very harmful for
others. Perhaps the very worst gain us a little yet harm others a great deal.
4. Red lie
Red lies are about spite and revenge. They are driven by the motive to harm others even at the expense
of harming oneself. They may even be carved in blood. When we are angry at others, perhaps because
of a long feud or where we feel they have wronged us in some way, we feel a sense of betrayal and so
seek retributive justice, which we may dispense without thought of consequence.
The interrogator/interviewer seeks to understand lies and the motivation beneath them. Then respond
to the lies in ways that help people tell the truth or otherwise further his or her aims.
When a person being questioned lies, they question their own motives. It is easy to think they are
telling white lies when actually they are a certain shade of gray. The interrogator/interviewer must
know how to read between the lines.
Interrogation Techniques are used to make someone admit or confess to the crimes that they did.
“If you apologize for what you did, we will not go to the police or press charges. We just want to hear
that you are sorry.”
Rationale:
If this person apologizes and the person who called recorded this phone call, it is most likely to be
admitted in court as your admission of guilt or even as your confession, depending on the conversation.
Also, this can happen even before the police interrogate this person who was called. They may have
already gotten your incriminating statements, admissions of guilt, or confession through this pretext.
2. Isolation
The interrogation room is usually very small, no window, no paintings on the wall, posters or even
clocks, which means there is nothing for the person in custody to fix his or her eyes on and the person
will only have to look at and listen to the interrogator.
Factors:
a. Small and isolated interrogation room
b. No window
c. No distraction
Suspect is fixed while officer is mobile
d. Suspect is stewed for a period of time before questioning
Rationale: This makes the person who is going to be interrogated feel like he is being isolated, alone
and completely powerless.
3. Rapport Building
The interrogator asks friendly and non-case related questions in the beginning such as, “I see you
wearing a Chicago Bulls hat. Are you a fan of Michael Jordan?” and it also the beginning of a small
talk. They may also offer a drink and some interrogators also go the extra mile and wear the similar
clothes in order to emphasize similarity and to establish rapport.
Rationale: They chat and interact with you in order to establish a behavioral baseline so that later on
they will be able to sense when you are tense.
4. Waiver of Rights
The interrogator will establish the fact that he or she wants to know the suspect’s side of the story. With
a calm tone, they will ask you nicely to fill out a form and very easily get you to give up your right to
remain silent and right to legal counsel.
“It seems like you want to talk to me. Seems like you are someone I can talk to openly and honestly. I
bet you are quite eager to tell me what happened.”
5. Sympathetic Appeal
The suspect may feel the need for sympathy or friendship when he is apparently in trouble. Gestures of
friendship may win his cooperation.
6. Kindness
The simplest technique is to assume that the suspect will confess if he is treated in a kind and friendly
manner.
“I know you are not like this. So, what really did happen to make you do it?”
12. Jolting
May be applied to calm and nervous subjects by constantly observing the suspects, the investigator
chooses a propitious moment to shout a pertinent question and appear as though he is beside himself
with rage.
13. Accusation
The suspect will not have the chance to deny things. The interrogator will interrupt all of his or her
denials. Essentially, they will not allow these people to effectively verbalize any coherent denials or
defense.
“We know for a fact that you did it. I just want to understand why.”