RULES TO BE OBSERVED IN TAKING CONFESSION OR ADMISSION

Confession or admission must be taken preferably in writing and under oath

It must be written in the language known and understood by the accused, if not it must be clearly translated
It must be freely and voluntary given by the accused
Under the New Constitution, it must be taken in the presence of competent and independent counsel chosen
by the accused

KINDS OF CRIMINALS IDENTIFIED BY WITNESSES

➢ Known criminals
➢ Unknown criminals

Methods of Identification by witness

➢ Verbal description
➢ Photographic files (Rogues Gallery)
➢ General Photograph
➢ Artist sketch (Composite Criminal Illustration)

The value of identification by eyewitness depends on:

➢ The ability to observe and remember distinct appearance of suspect;

➢ Prevailing condition of visibility;
➢ The lapse of time.

What are the procedures of identification by eyewitness?

➢ Physical line-up – is a means of selecting a suspect from a group of innocent persons usually composed of
seven to ten persons. The purpose of line-up is to eliminate the power of suggestion.
➢ Physical show-up – only one person is shown to the witness usually at the scene of the crime and made
immediately after the arrest of the suspect.

CIRCUMSTANTIAL EVIDENCE - facts or circumstances from which, either alone or in connection with other facts,
the identity of the person can be inferred.

➢ What must be inferred to prove identity by circumstantial evidence?

➢ Motive – is what induces the criminal to act
➢ Intent –is the result or accomplishment of the act
➢ Opportunity –is the physical possibility that the suspect could have committed the crime.

It could be inferred from the following:

➢ The suspect could have been in the vicinity of the crime scene at the time it was committed.
➢ Knowledge of the criminal objective.
➢ Absence of an alibi on the part of the criminal.
PHYSICAL EVIDENCE TO IDENTIFY CRIMINALS

➢ CORPUS DELICTI– is the body of the crime or fact of specific loss or injury sustained. It constitutes the
essential parts or elements in the commission of the crime.
➢ ASSOCIATIVE EVIDENCE – these are the pieces of evidence that will link the suspect to the crime scene.
The suspect may leave some clues at the scene such as weapons, tools, garments or prints.
➢ TRACING EVIDENCE – articles which assist the investigator in locating the criminal. Stolen goods in the
possession of the suspect in an example of tracing evidence.

MODUS OPERANDI – is the method of operation by a specific criminal or criminal syndicate. It is a distinct pattern
of how a crime is committed and is established by a series of crimes under one classification. The modus operandi of
one criminal is distinct and different from the other. It is a criminal trademark, logo or brand name.

TRACING AND LOCATING THE CRIMINALS

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

1. Anonymous informant – do not wish to be identified.

2. Rival elimination informant – to eliminate competition.
3. False informant – reveals information of no consequence or value.
4. Frightened informant – motivated by anxiety.
5. Self-aggrandizing – hangs about the fringes of the criminals.
6. Mercenary informant – gives information for a price.
7. Double crosser informant – to get more information from the police.
8. Woman informant – female associate of the criminals.
9. Legitimate informant – operators of legitimate business establishments.

MOTIVES OF INFORMANTS

1. Vanity
2. Civic-mindedness
3. Fear
4. Repentance
5. Avoidance of punishment
6. Competition
7. Revenge
8. Jealousy
9. Remuneration