Presented By:

PRINCESS CASTRO RODRIGUEZ, MSCJ

Instructor
Module 1:

Crimes and
Criminals
vis-a-vis
Criminal
Investigation
Lesson 1.1: Crimes and Criminals

Lesson 1.2: Roles of Lie Detection

Technique in Criminal Investigation
 LEARNING OUTCOMES:

1. Define and understand Crimes and

Criminals;
2. Recognize the elements of Crime and
criminal behavior; and
3. Elucidate the nature of crime existence
and the behavioral systems of criminals.
 Crime defined
Crime may be defined in in different manners;

1. Crime is an act or the omission of an act that is forbidden or the

omission of a duty that is commanded by public law and that
makes the offender liable to punishment by that law, (Sta. Ana &
Revisa, 2016).

2. Crime was also defined as a generic name that refers to offense,

felony and delinquency or misdemeanor, (Manwong, 2008). These
classification of crimes at least connotes a concept on how crime
varies depending on how it was done and what laws of the land it
violated.
 A. Offense
üThese are acts or omissions where the crime commited was in violation
and is punishable by Special Laws.
üSpecial laws are those provisions also known as Special Penal Laws, and
they are included in the Philippine Criminal Code but not on the Revised
Penal Code of the Philippines and the law who has the jurisdiction to
treat such crimes is only the Special Penal Laws.
üThe following are the examples of crimes under the Special Penal Laws;
1. Carnapping
2. Cybercrimes
3. Drug Trafficking
4. Money Laundering.
 B. Felony
üThese are acts or omission that where the crime committed was in
violation and is punishable by the Revised Penal Code, the Criminal Law
in the Philippines.
üThe Revised Penal Code is the the Philippines' general penal laws. The
Revised Penal Code criminalizes a wide range of actions that are widely
considered to be wrong, including murder, homicide, rape, robbery, and
theft, as well as treason.
üOther acts that are considered illegal in the Philippines, such as adultery,
concubinage, and abortion, are also punishable under the Code. It
expressly specifies the components of each crime, and the presence of
any of these components must be proved beyond a reasonable doubt in
order to obtain a conviction.
 C. Delinquency/Misdemeanor
üThese are acts that are in violation of simple rules and
regulations usually referring to acts committed by minor
offenders. Many municipal legislative acts are carried out by a
simple or ordinary ordinance rather than a charter ordinance.
üIn general, an ordinance is a municipal corporation's local law,
duly enacted by the proper authorities, that prescribes general,
uniform, and permanent rules of conduct relating to the
municipality'scorporate powers. An example of this is
vandalism.
 In addition, Manwong also defined crime as the
following;

üAn act or omission in violation of a criminal law in its legal

point, an anti-social act;
üAn act that is injurious, detrimental to the norms of the
society; they are the unacceptable acts in its social definition,
and psychologically
üCrime is an act which is considered undesirable due to the
behavioral maladjustment of the offender;
üActs that are caused by maladaptive or abnormal behaviors.
 In addition, Manwong aslo defined crime as the
following;

üAn act or omission in violation of a criminal law in its legal

point, an anti-social act;
üan act that is injurious, detrimental to the norms of the society;
they are the unacceptable acts in its social definition, and
psychologically
ücrime is an act which is considered undesirable due to the
behavioral maladjustment of the offender;
üacts that are caused by maladaptive or abnormal behaviors.
 The Elements of Crime
The basic components of any crime are; actus reus or the
a voluntary act or omission of an indiviidual accompanied by
mens rea or the a certain state of mind of an individual. On the
otherhand, according to Manwong, there are three elements or
ingredients of crime namely, the motive, the opportunities and
the instrumentalities.

Source:Fundamentals of Criminology Third Edition, Rommel K. Manwong

Figure 1. The Anatomy of Crime

Figure 1 shows the three elements or ingredients of crime that
must be present at the same time and place for a crime to
happen (Manwong, 2008).
1. Motive

One of the elements that must be present in order for a

crime to happen is motive. Motive refers to the reason or cause
why a person or group of persons will perpetrate a crime. An
example of motives why an individual should commit a crime is
in order to satisfy the gratification of needs or anger like when a
person is a drug addict or wants economic gain. Likewise people
would tend to commit a crime when experiencing extreme or
intense feeling of anger and wants to have revenge or due to
jealousy.
 2. Instrumentality
Another element that must be present in order for a crime
to successfully commit is the ways and means used in
c o m m i t t i ng a c r i m e k n o w n a s t h e i n s t r u m e n t a l i t y.
Instrumentality are the means used in the commission of a crime.
Example of which are bolo knife, gun and poisonous substance
or anything that was being utilized by the perpetrator that
contributed to accomplishment of the conduct of the crime.
3. Opportunity
Opportunity is also one of the elements which help the
perpetrator in committing crime. Opportunity consists of the
acts of omission and/or commission by a person (the victim)
which enables another person or group of persons (the
criminal/s) to perpetrate the crime.3.An example of which is
when the victim wears gold jewelries in public places afar from
any outpost of law enforcers, this chance can be taken advantage
of the perpetrators to commit hold up or to commit crime.
 The Criminal
Criminals are belived to be the author of the crime that
has happened. They are the one who initiated or planned about
the commission of an offense. Criminals was defined by
Manwong in three ways; according to its legal definition, a
person can be considered as a criminal if he had committed a
crime and has been convicted by a court of the violation of a
criminal law, second, in its social definition, a person can be
considered as criminal if he violated a social norm or one who
did an anti-social act, and lastly, according to its psychological
definition, a person can be considered as criminal if he violated
rules of conduct due to behavioral maladjustment.
 The Criminal Behavior

Criminal behavior refer to the study of human behavior

that focuses on the criminal's mental processes, such as how he
behaves or acts, as well as the causes and influences of his
criminal behavior. It is important to understand the origin or the
causal factors that contributes to the criminal behavior or
conduct of the criminal perpetrators in order for them to be
dealt and treate accordingly. The figure below shows the
criminal formula which states the interconnection between
factors that might affect and contribute to the criminal conduct
of an individual.
Source:Fundamentals of Criminology Third Edition, Rommel K. Manwong

Figure 2. The Criminal Formula

The Formula shows that a person’s criminal tendency and his resistance to them may
either result in criminal act depending upon, which of them is stronger (Tradio, 1983).
Apart from knowing and understanding the factors that might contribue or influence on
the criminal behavior and conduct of an indicvidual, it is also important to be well-versed
and familiar on the Criminological Classification of Criminals in which it explains the
different categories and types of criminals based on different aspects.

Table 1. The Criminological Classification of Criminals according to Manwong

Criminological Classification of Criminals

Based on 1.Acute Criminal A person who breaks a criminal law on
Etiology the spur of the moment or in a fit of rage.
They are zealous criminals. For instance,
suppose a man shot his ex-wife in a
jealous rage after catching her cheating on
him with another man.
2.Chronic Someone who commits a crime does so
Criminals after careful consideration. He plots the
crime in advance. They are the criminals
who have been singled out. Individuals
who have committed crimes like vagrancy,
public drinking, public indecency, and
panhandling are examples.
 Ordinary Criminals In the criminal career, this is the lowest level of
offenders. He isn't drawn to crime as a career,
but rather is compelled to commit crimes due
to a lack of alternatives.

Organized Criminal One who partners with other criminals in

order to gain a higher level of organization,
allowing them to commit crimes more easily.
Based on
Behavioral
Professional A individual who engages in illegal activity
System
Criminal with a high level of expertise. He is usually
someone who makes a living by committing
crimes.
Professional Those who make a living out of committing
Criminals crimes.In order to gain expertise and improve
Based on talent in their commission, criminal activity is
Activities constant.
Habitual Criminals Those who, because of a lack of intellect and
self-control, continue to commit crimes.
 Ordinary Criminals In the criminal career, this is the lowest level of
offenders. He isn't drawn to crime as a career, but
rather is compelled to commit crimes due to a lack of
Based on alternatives.
Behavioral System
Organized Criminal One who partners with other criminals in order to gain
a higher level of organization, allowing them to
commit crimes more easily.

Professional Criminal A individual who engages in illegal activity with a high

level of expertise. He is usually someone who makes a
living by committing crimes.

Based on Activities Professional Criminals Those who make a living out of committing crimes.In
order to gain expertise and improve talent in their
commission, criminal activity is constant.

Habitual Criminals Those who, because of a lack of intellect and self-

control, continue to commit crimes.
Based on Menatal Active Criminals Those who commit crimes due to aggressiveness
Attitudes Passive Inadequate Others who commit crimes because they are persuaded
Criminals to do so by a promise or a reward.
3.Socialized Deliquents Criminals that act normally but have problems with
their socialization or growth.
Based on Legal Habitual Deliquent Is a person who is found guilty of any of the crimes
Classification of serious or less serious physical injuries, robbery,
estafa, or falsification for the third time within ten
years of his release or last conviction of any of the
crimes of serious or less serious physical injuries,
robbery, estafa, or falsification.
Recidivist One who has been previously convicted by final
judgment of another offense embraced under the
same title of the Revised Penal Code at the time of his
trial for one crime.

The table displayed and explained the different criminological classifications of

offenders based on various factors, demonstrating the various attributes of each criminal
and how their actions and conduct vary from one another depending on the situation in
which they are involved.
 Role
of Lie Detection
Technique
in Criminal
Investigation
 T he sec ur i t y o f l i fe a n d p r o p e r t y, a s we l l a s t h e
preservation of peace and order, are the two most important
duties of police work. If either or both of these basic functions
fail, the third basic task of police which is the investigation must
be accomplished. Criminal investigation aims to bring criminals
to justice by identifying and locating offenders, collecting
evidence, and analyzing data, which can be achieved with the
aid of allied sciences that would guide in the process of probe
namely Forensic Photography, Forensic Ballistics, Forensic
Toxicology, Questioned Document Examination, Personal
Identification and Lie Detection Technique also known as
Polygraphy. With the abovementioned allied sciences, criminal
investigator can be more effective in their course of duty. This
lesson will be discussing the relevance of Criminallstics allied
sciences to Criminal Investigation, specifically the Lie Detection
Technique.
 Criminal Investigation defined
ü Criminal investigation is a series of techniques for detecting
crimes and apprehending suspects. The aim of a criminal
investigator is to learn about the offenders' tactics, motivations,
and identities, as well as the identities of their victims. They
will also look for and interview witnesses.
ü Morevoer, criminal investigation was defined as the collection
of facts in order to accomplish the three fold aims of criminal
investigation;
a)To identify the guilty party

b)To locate the guilty party

c)To provide evidence to the suspect’s guilt

 The Six Cardinal Point of Criminal Investigation

1.What specific offense has been committed?

2.How the offense was committed?
3. Where the offense was committed?
4.When it was committed?
5.Why it was committed?
The six cardinal points of investigation are rooted in three
interdependent factors: the motivation (the cause that drives the suspect to
commit an act with a specific outcome in mind), the opportunity (the
chance or occasion to commit the act), and the means (the capability of
the perpetrator to commit the act using the available tools at hand). These
variables are so interconnected that a crime would not occur if one was
missing.
 Criminalistics in Criminal Investigation
ü Criminalistics is the study of the detection, processing, identification,
and comparison of physical evidence generated by criminal or
unlawful civil activity using scientific methods.
ü It also entails the analysis of forensic evidence and the crime scene in
order to recreate those cases.

ü Forensic Photography
ü Forensic Ballistics
ü Forensic Toxicology
ü Questioned Document Examination
ü Personal Identification
ü Lie Detection Technique
 Criminalistics is essential for arranging crime scenes, assisting
victims, ensuring justice, and serving the general public. Criminalists work
in the forensic science industry, examining physical evidence to link crime
scenes to victims and suspects. The following are the basic functions of
Criminalistics to police investigations;

1.Establishing an element of the crime

2.Identification of a suspect or victim
3.Associative evidence
4.Reconstruction
5.Corroboration
 Lie Detection in Criminal Investigation

ü A polygraph examination, also known as Lie Detection, is a diagnostic test given to

someone whose honesty in a statement is in question. It is one of the forensic tools used
by police when investigating a specific crime. It is carried out by posing a series of
questions to the subject by using a polygraph device connected to the subject's body.

ü To detect deception is one of the most common uses of polygraph examinations in

criminal investigations.

ü Polygraph tests are useful not only for identifying suspects who might attempt to
manipulate the judicial system, but also for bringing justice to many innocent people
who have been convicted due to a court's incorrect decision. If polygraph examinations
are given to those who have been convicted and incarcerated, it may be possible to find
those who have been wrongfully convicted and free them (Metzinger, 2006).
QUESTIONS