Part 2 - Special-Organized Crime Investigation

CRIMINAL DETECTION AND INVESTIGATION
PART TWO
ORGANIZED AND SPECIAL CRIME INVESTIGATION
UNDERSTANDING ORGANIZED CRIME
▪ Organized Crimes – synonymous with the term Mafia, Cosa

nostra, Mob, Syndicate, Triad, Crime Confederation. Usually, an
international Criminal Organizations (military usage), a
transnational crime (United Nations usage), or an enterprise crime
(FBI usage).
▪ Organized Crime - is a non-ideological enterprise involving a

number of persons in close social interaction, organized on a
hierarchical basis, with at least three levels/ranks, for the purpose
of securing profit and power by engaging in illegal and legal
activities (Abadinsky).
▪ Organized Crime - as any group having some manner of a

formalized structure and whose primary objective is to obtain
money through illegal activities. Such groups maintain their
position through the use of actual or threatened violence, corrupt
public officials, graft, or extortion, and generally have a significant
impact on the people in their locales, region, or the country as a
whole. (FBI)
▪ Organized Crime - means the unlawful activities of the members

of a highly organized, disciplined association engaged in supplying
illegal goods and services, including but not limited to gambling,
prostitution, loan sharking, narcotics, labor racketeering, and
other unlawful activities of members of such organizations.
(Omnibus Crime Control and Safe Streets Act of 1968).
▪ Organized Crime - refers to any group having a corporate

structure whose primary objective is to obtain money through
illegal activities, often surviving on fear and corruption.
(INTERPOL)
▪ Organized Crime - is a large-scale and complex criminal activity

carried on by groups of persons, however loosely or tightly
organized, for the enrichment of those participating and at the
expense of the community and its members. It is frequently
accomplished through ruthless disregard of any law, including
offences against the person, and frequently in connection with
political corruption. (United Nations)
NATURE OF ORGANIZED CRIMES
▪ Organized crime:
a. has no political goals

b. is hierarchical - established division of labor designated for
the commission of crime
c. has a limited or exclusive membership
d. constitutes a unique subculture
e. perpetuates itself
f. exhibits a willingness to use violence and intimidation
g. is monopolistic
h. is governed by explicit rules and regulations (Abadinsky)
▪ It can also be illustrated by:
a. a totalitarian organization
b. immunity and protection from the law through professional
advice or fear or corruption, or all, in order to insure
continuance of their activities
c. permanency and form
d. activities which are highly profitable, relatively low in risk,
and based on human weakness
e. use of fear against members of the organization, the victims,
and, often, members of the public
f. continued attempt to subvert legitimate government
g. insularity of leadership from criminal acts; and
h. rigid discipline in a hierarchy of ranks. (Cressey)
CHARACTERISTICS OF ORGANIZED CRIMES
▪ Conspiracy - fronts will be used to disguise the real operations;

cover-up being an essential feature of conspiracy
▪ Hierarchy - planning, organizing, executing; three or more
permanent levels of rank with a division of labor or specialization;
calls these "interaction patterns", meaning they refer to specialized
roles and statuses
▪ Ideology of Economics - it's just business, nothing personal; it is
also accurate to say they have no ideology, no politics; in
criminology, organized crime is the perfect "instrumental" crime
because there's no emotional satisfaction derived from it.
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▪ Perpetuity - the organization is designed to last through time,
beyond the lifespan of current members; being an organized
criminal requires a "lifetime careerist orientation" (Kelly 1986)
▪ Monopoly - they often seek total control over a particular turf or
industry, seeking goods or services that are presently illegal or
quasi-illicit and that have such a demand that raising price won't
matter; in criminology, they form a cartel (rather than a cabal); a
cartel being organized around source and distribution of something
and a cabal being organized around mutual trust.
▪ Strict Discipline - the group controls its members promptly and
deadly; there's a code of silence, secrecy, extensive rules and
regulations; extensive attempts will be made to insulate key
members from identification by authorities.
▪ Restricted Membership - usually on ethnic, kinship, criminal
record, or other grounds; applicants need a sponsor; not anyone
can join.
▪ Immunity from Prosecution - the group is interested in
corruption, putting the fix in on the criminal justice system; with
patterned corruption being the norm and they will start where the
law is weak or weakly administered
TYPES OF ORGANIZED CRIMES
▪ White Collar Crimes - crimes as business as well as various forms

of corruption
▪ Professional Crimes - offenses involving works of art such as
counterfeiting or other cultural artifacts
▪ Syndicated Crimes - crime associated with the distribution and
sale of narcotics as well as other contraband substances
▪ Transnational Crimes - crime associated with human migration
or sex trafficking including various forms of prostitution
▪ Violent Crimes - crime involving contract murder or for-hire use
of force, mostly deadly force.
▪ Cyber Crimes - various forms of computer crime involving identity
theft and/or other large-scale financial frauds
PATTERNS OF ORGANIZED CRIMES
▪ Assault - the dirty deeds

▪ Bribery – the fixes
▪ Extortion - the protection racket
▪ Illegitimate business – such as narcotics
▪ Legitimate business – such as entertainment
▪ Big business – such as unions or corporations

STRUCTURES OF ORGANIZED CRIMES
▪ The La Cosa Nostra
1. Boss of Palermo Commission - Commission made up of

bosses of each Mandamento (District)
2. Capo di Mandamento - Head of the district. A Mandamento
is made up of three neighboring families, or cosche
3. Capo di cosca - Head of the family.
4. Deputy capo and one or more consigliere - advisers.
5. Group of 10-foot soldiers
▪ La 'Ndrangheta Structure from La Sorte
1. Capobastone - Head of Command - Designates territory

between the Quintino
2. Quintino - Five ‘ndranghetisti sub-bosses
3. Vangelista - controls a crew of Piccioti, or a small
neighborhood. Initiated and sworn fidelity to the criminal life
by swearing on the gospel.
4. Picciotti - Foot soldier
▪ The Chinese Triad
1. Management of Principal Lodges - Confederate of a number

of smaller Lodges
2. Shan Chu (489) - Master of the Mountain, or Dragon Head.
The overall boss, usually controlling finances.
3. Fu Shan Chu (438) - Deputy boss, adviser to the San Chu
4. Heung Chu (438) - Incense Master and the Sin Fung (438)
Vanguard
As part of a Principal Lodge, the Sheung Fa answers to the three

ranks above, but in a smaller Lodge that is not part of a
consolidated group, the Sheung Fa is the highest level.
1. Sheung Fa/Chu Chi (438) - Double Flower, or Snake Head -

The boss, usually controlling finances.
2. Fu Chu Chi (432) - Deputy Snake Head
3. Cha So (432) – Treasurer – supports the Sheung Fa
4. Cho Hai (432) - PR consultant and negotiator
5. Hung Kwan (426) - Red Pole - the physical arm of the Triad
6. Pak Tsz Sin (415) - White Paper Fan – Bookkeeper or
Accountant

EVOLUTION OF CRIME CONFEDERATIONS
▪ La Cosa Nostra
a. 1812 - Post-feudal Sicily - the upheaval of Sicily's transition

out of feudalism. After 1812, the feudal barons steadily sold
off or rented their lands to private citizens.
b. 1925 - Fascist suppression- Mussolini initiated a campaign
to destroy the Mafia and assert Fascist control over Sicilian
life.
c. 1943 - Post-Fascist revival - half a million Allied troops
invaded Sicily. Crime soared in the upheaval and chaos.
d. 1950s - crackdown in the United States on drug trafficking
led to the imprisonment of many American mafiosi.
e. 1956 - Sack of Palermo - Two Mafia-connected officials took
control of Palermo's Office of Public Works.
f. 1960s- First Mafia War – drug war among Sicilian clans
g. 1970s - Smuggling boom - rackets grew considerably more
lucrative, particularly smuggling.
h. 1980s- Sicilian Mafia controlled about 80% of the heroin
trade in the north-eastern United States. There was a
Second Mafia War
i. 1990s - a public outcry and a massive government
crackdown, resulting in the arrest of mafia bosses.
j. 2000s – more arrest and convictions.
▪ Hispanic Crime Group
1. Columbian Medellin Cartel - an organized network of "drug

suppliers and smugglers originating in the city
of Medellín, Colombia. The centers of operation are mostly in
Columbia, Bolivia, Peru, Central America, United States,
Canada as well as Europe. It was founded and run by Ochoa
Vázquez brothers, together with Pablo Escobar. By 1993, the
Colombian government, in collaboration with the Cali
cartel, right-wing paramilitary groups, and the United States
government, had successfully dismantled the cartel by
imprisoning or assassinating its members.
1970s - illegal cocaine trade took off and became a major

source of profit.
1980s - Cocaine surpassed coffee as an export, making up
30% of all Colombian exports. Many members of the new
class of wealthy drug barons began purchasing enormous

quantities of land, in order to launder their drug money, and
to gain social status amongst the traditional Colombian elite.
1990s - as a means of intimidation, the cartel conducted
several hundred assassinations throughout the country. The
Columbian government with the aid of the United States
succeeded in containing the Medellin Cartel, which resulted
in the death, surrender, and arrest of the people behind the
organization. This further resulted to the disbandment of the
Cartel led to its downfall.
2. Cali Cartel - was a drug cartel based in southern Colombia,

around the city of Cali. Founded by the Rodríguez Orejuela
brothers, Gilberto and Miguel, as well as associate José
Londoño, all coming from what is described as a higher
social background than most other traffickers of the time.
The group originally formed as a ring of kidnappers known
as Las Chemas. Then they assembled group first involved
itself in trafficking marijuana. Due to the products low profit
rate, and larger amount required to traffic to cover
resources, the fledgling group decided to shift their focus to
the more lucrative drug - cocaine.
3. Mexican Mafia - (Mafia Mexicana) - also known as La eMe is

a highly-organized, ruthless crime organization. Surenos use
the number 13 to show allegiance to the Mexican Mafia. M is
the 13th letter of the alphabet. Accordingly, La eMe is the
most powerful gang within the California prison system.
▪ Asian Crime Groups
1. The Chinese Triad - “Triad” is used to describe many

branches of Chinese criminal organizations based in Hong
Kong, Vietnam, Macau, Taiwan, China, and also in countries
with significant Chinese populations, such as Malaysia,
Singapore, the United States, Canada, Australia and the
United Kingdom. The Chinese triads are one of the world's
largest criminal organizations, encompassing other criminal
organizations with a steady membership of around 1.5
million in mainland China alone and 2.5 million members
worldwide. 'Triad' was also given by the Hong Kong
government to Chinese secret societies based on the
triangular symbol which once represented such societies.
The symbol is the Chinese character 'Hung,' encased in a
triangle, representing the union of heaven, earth, and man.
Triads even today are sometimes referred to as the 'Hung
Society' or the 'Heaven and Earth Society.'

2. The Japanese Yakuza - is Japan’s native organized crime
group, deliberately goes against the grain; or, as they would
say in Japan, the yakuza stubbornly refuses to be
“hammered down,” referring to the often-quoted national
proverb, “The nail that sticks up must be hammered down.”
▪ The Russian Mafia - is a name applied to organized crime

syndicates in Russia and Ukraine. The mafia in various countries
takes the name of the country, as for example the Ukrainian Mafia.
The Bratva (brotherhood) is a name designating a range
of organized crime syndicates originating in the former Soviet
Union. They are active in every part of Russian society and are
internationally active in illegal oil trade, human trafficking, drug
trafficking, smuggling of weapons and nuclear material and money
laundering.
GANGS AND ORGANIZED CRIMES
▪ Gang - is a group of people who, through the organization,

formation, and establishment of an assemblage, share a common
identity.
The well-known gang are Order of Assassins, Adam the

Leper's gang, Penny Mobs, Indian Thugs, Snakehead, Irish mob,
Villa's Villistas, Dead Rabbits, Bowery Boys, Chasers, and the
various mafia crime families have existed for centuries.
40 Thieves - first street gang in the United States, around

the late 1820s in New York City.
International Opium Convention and the Volstead Act of

1919. Gang involvement in drug trafficking increased during the
1970s and 1980s, but some gangs continue to have minimal
involvement in the trade. Early 2000s in the United States,
estimated Hispanics (47%), Blacks (31%), Whites (13%),
and Asians (6%).
▪ Gang Types and Structure
1. Street Gangs - are people with similar backgrounds and

motivations. The term “street gang” is commonly used
interchangeably with “youth gang,” referring to neighborhood
or street-based youth groups that meet “gang” criteria.
Street Gang is a self-formed association of peers, united by

mutual interests, with identifiable leadership and internal

organization, who act collectively or as individuals to achieve
specific purposes, including the conduct of illegal activity
and control of a particular territory, facility, or enterprise.
2. Prison Gangs - are groups in a prison or correctional

institution for mutual protection and advancement. Prison
gangs often have several "affiliates" or "chapters" in different
state prison systems that branch out due to the movement
or transfer of their members.
3. Criminal gangs – groups that may function both inside and

outside of prison, such as the Nuestra Familia, Mexican
Mafia, Folk Nation, Aryan Brotherhood, and the
Brazilian PCC.
▪ Gang Risks and Affiliates
"At Risk” or "Peripheral" - group of kids that are not

considered gang members, but they know gang members and may
associate with them on a casual or limited basis, mostly watching
and imitating the older gang members. They are getting close to an
age where they might decide to join the gang. They may like and
admire the gang members in the neighborhood and the gang
lifestyle, but do not participate in the gang’s criminal activity.
“Associates” or “Affiliates” - these kids associate with gang

members on a regular basis and tend to consider gang life normal
and acceptable. They find certain things in common with gang
members and are seriously thinking about joining the gang. Some
associates consider themselves members, even if they have not yet
been formally initiated.
▪ Gang Composition and Recruits
Gang Member - this person associates almost exclusively

with other gang members to the exclusion of family and former
friends. They have shifted their loyalty from their family to their
gang. This person participates in gang crimes and most of the
gang’s activities.
Hard Core Gang Member – this gang member has become

totally committed to the gang and gang lifestyle. This member
typically has been arrested and been through the justice system.
This person will commit any crime or act of violence to further the
goals and objectives of the gang.

Gang Leader - These members are the upper echelons of the
gang’s command. This gang member is probably the oldest in the
group and likely has an extensive criminal record and they often
have the power to direct the gang’s activity, whether they are
involved or not.
▪ Typical Gang Activities - Gangs are involved in all areas of street-

crime activities like extortion, drug trafficking, both in and outside
the prison system, theft, robbery, kidnapping.
▪ Gang Violence - refers to those illegal and non-political acts of

violence perpetrated by gangs against innocent people, property, or
other gangs.
▪ Gang Motives - gangs have gained the most control in poorer,

urban communities in response to unemployment and other
services. Social disorganization, the disintegration of societal
institutions such as family, school, and the public safety net
enable groups of peers to form gangs.
▪ Gang Identification - gang members have identifying

characteristics unique to their specific clique or gang. For example,
The Bloods, wear red bandanas, the Crips blue, allowing these
gangs to represent their affiliation.
FRATERNITY AND ORGANIZED CRIME
▪ Fraternal organizations - have been around since the days of the

ancient Greek and Roman empires. During the medieval period,
organizations that were affiliated with the Catholic Church were
called confraternities, consisting of laity. In the United States,
fraternal organizations have flourished throughout its history with
varying degrees of secrecy and privacy. Today, we most often
associate the idea of fraternity with student groups connected to
college and university life. They typically have a strict member
selection process and some sort of initiation process. There have
been efforts to ban the dangerous hazing process associated with
college fraternities over the past several decades.
▪ Fraternity - is a brotherhood, the purpose is to solidify

relationships and build bonds that provide encouragement and
guidance, even rites of passage for those who are members. Some
“brotherhoods” are positive. Some are not so much so. There are
groups such as street gangs, organized crime syndicates, etc.
which are obviously examples of negative brotherhoods. College
fraternities, though perhaps begun for good reasons, have

developed a bit of a negative reputation over the years as a place to
party and live an illicit lifestyle. As a result, the term “fraternity”
may have a negative connotation in the mind of many.
ORGANIZED CRIMES ACTIVITIES
▪ Racketeering - A racket is an illegal business, usually run as part

of organized crime. Engaging in a racket is called racketeering. The
best-known is the protection racket - Extortion, in which criminals
demand money from businesses in exchange for the service of
protection against crimes that the racketeers themselves instigate
if unpaid. Racketeering activity includes a number of criminal
offenses, including:
a. Bribery - sports bribery; counterfeiting; felony theft from

interstate shipment
b. Embezzlement from Pension and Welfare funds -
extortionate credit transactions
c. Fraud relating to identification documents - fraud relating to
access devices - transmission of gambling information
d. Mail Fraud - wire fraud - financial institution fraud -
citizenship or naturalization fraud - obscene matter
e. Obstruction of Justice - obstruction of criminal
investigation or law enforcement - witness tampering -
retaliation against witness - interference with commerce -
bribery, or extortion - interstate transportation in aid of
racketeering - interstate transportation of wagering
paraphernalia - unlawful welfare fund payments -
prohibition of illegal gambling business.
f. Money Laundering - monetary transactions in property
derived from unlawful activities - murder for hire - sexual
exploitation of children - interstate transportation of stolen
motor vehicles - interstate transportation of stolen property -
sale of stolen goods.
g. Trafficking in motor vehicles and parts - trafficking in
contraband cigarettes - white slave traffic - restrictions of
payments and loans to labor organizations - embezzlement
from union funds.
h. Bankruptcy fraud - fraud in the sale of Securities
i. Narcotics - felonious manufacture, importation, receiving,
concealment, buying, selling, or otherwise dealing in narcotic
or other dangerous drugs.

▪ Illegal Gambling - organized crime occupies a central role in
illegal gambling. To maintain their finances, largely by part of the
revenues derived from illegal gambling, and the monopolistic
control of gambling markets.
▪ Political Corruption - organized crime is more of a product of

illegal or poorly regulated gambling than well-regulated
gambling. There are many other gambling opportunities and not all
are as well-regulated or as free of organized crime influence as
casinos. Gambling is indeed associated with crime, specifically
political corruption.
▪ Money laundering - bettors can come in with a large amount of

cash and purchase chips. The chips can then be cashed in, labeled
as “winnings” and the money is now legal.
▪ Kickbacks - occur in a variety of different situations. Operators

can receive kickbacks for allowing money laundering. Employees
can be pressured into giving kickbacks for preferred assignments.
▪ Loan sharking - has also been an issue for the gambling

clubs. This crime is particularly dangerous for the problem
gambler who needs money for gambling. Because of their
compulsion it is easy to end up in debt to a loan shark.
▪ Prostitution and pornography - represent a lucrative area of

business for organized criminal groups. Study suggests that the
victims are kidnapped or lured under false pretenses and are
forced into prostitution. However, estimating both the impact and
numbers involved in prostitution remains difficult given the
“underground” nature of the activity.
▪ Illegal Drug Trade - is a global black market, dedicated to

cultivation, manufacturing, distribution, and sale of those
substances which are subject to drug prohibition laws. Most
jurisdictions prohibit trade, except under license, of many types of
drugs by drug prohibition laws.
▪ Smuggling - occurs when enterprising merchants attempt to

supply demand for a good or service that is illegal or heavily taxed.
As a result, illegal drug trafficking, and the smuggling of weapons,
as well as alcohol and tobacco are widespread.
▪ All other crimes – which include theft and robbery, corporate

crimes, cybercrimes, black-market and similar schemes, even
street crimes.

SPECIAL CRIME INVESTIGATION
▪ Special Crime Investigation - deals with the study of major

crimes based on the application of special investigative technique.
The study concentrates more on physical evidence, its collection,
handling, identification and preservation in coordination with the
crime laboratory. It also 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.
INVESTIGATING CRIMES AGAINST PERSONS - Destruction of Life
▪ Destruction of Life Investigation – Any investigation involving

the death of a person or any of the crimes involving destruction of
life falls under the general category of investigation called Homicide
Investigation.
▪ Homicide Investigation - is the official inquiry made by the police

on the facts and circumstances surrounding the death of a person
which is expected to be unlawful.
Primary job of the investigator - to discover whether an

offense has been committed under the law; discover how it was
committed; who committed it and by whom it was committed;
when it was committed; and under certain circumstances why it
was committed.
Violent Death - When called upon to investigate violent

death, he stands on the dead man’s shoes to produce his instincts
against those suspects. The enthusiasm and intelligence the
investigator brings in the case marks the difference between a
murderer being convicted and set free. If he interprets a criminal
death as accidental or natural, a guilty person is set free. The
police investigator is being the first line of defense in the effective
application of criminal justice.
Mistakes in Homicide Investigation - Mistakes of the

homicide investigator cannot be corrected. The homicide
investigator should not cross the three bridges which he burns
behind him. The three bridges are - the dead person has been
moved; cadaver is embalmed; the body is burned or cremated.

▪ Always know the Elements of these crimes
Art. 246 - Parricide - committed by any person who shall

kill his father, mother, or child, whether legitimate or illegitimate,
or any of his ascendants or descendants, or his spouse. Penalty:
Reclusion perpetua (20 yrs. and 1 day to 40 yrs.) to death.
Art. 247 - Death or physical injuries inflicted under

exceptional circumstances - committed by any legally married
person who, having surprised his spouse in the act of committing
sexual intercourse with another person, shall kill any of them or
both of them in the act or immediately thereafter, or shall inflict
upon them any serious physical injury. If he shall inflict upon
them physical injuries of any kind, he shall be exempted from
punishment. These rules shall be applicable, under the same
circumstances, to parents, with respect to their daughters under
18 years old, and their seducer, while daughters are living with
their parents. Person who shall promote or facilitate prostitution of
his wife or daughter, or shall otherwise have consented to the
infidelity of the other spouse shall not be entitled to the benefits of
this article. The penalty is destierro (prohibition to enter the place
or places designated in the sentence, nor within the radius therein
specified, which shall be not more than 250 and not less than 25
kilometers from the place designated.
ART. 248 - Murder – killing of a person with treachery,

taking advantage of superior strength, with aid of armed men, or
employing means to weaken the defense or of means or persons to
insure or afford impunity.
Treachery – means that the offender party was not given

opportunity to make a defense. To establish treachery, the
evidence must show that the accused made some preparation to
kill the victim in such a manner to ensure the execution of the
crime or make it impossible or hard for the person attacked to
defend himself. But killing done at the spur of the moment is not
treacherous. Abuse of superior strength and nighttime are
absorbed in treachery. In treachery, what is decisive is that the
attack was executed in such a manner as to make it impossible for
the victim to retaliate. The killing of the victim frontally does not
negate treachery when the victim was killed after already being in a
helpless condition. It may also be appreciated even if the attack
was frontal but no less unexpected and sudden, giving the victim
no opportunity to repel it or offer any defense of his person.

Murder is also committed if it is in consideration of a price,
reward or promise; by means of inundation, fire, poison, explosion,
shipwreck, stranding of vessel, derailment or assault upon a
railroad, fall of an airship, or by means of motor vehicles or with
the use of any other means involving great waste and ruin; or on
occasion of any of the calamities of an earthquake, eruption of a
volcano, destructive cyclone, epidemic or other public calamity; or
with evident premeditation.
Premeditation - is the act of mediating in advance;

deliberation upon a contemplated act; a design form to do
something before it is done. The essence of premeditation is that
the execution of the criminal act must be preceded by cool thought
and reflection upon the resolution to carry out the criminal intent
during the space of time sufficient to arrive at a calm judgment.
There is no evident premeditation without proof of planning.
Evident – means clear to the eye or judgment; plain.
With cruelty, by deliberately and inhumanly augmenting the

suffering of the victim, or outraging or scoffing at his person or
corpse.
The penalty for Murder is Reclusion perpetua (20 years and

1 day to 40 years) to death.
ART. 249. Homicide - committed by any person who, not

falling within the provisions of Art. 246 (Parricide) shall kill
another without the attendance of any of the circumstances
enumerated in Art. 248 (Murder) shall be deemed guilty of
homicide. The penalty for homicide is Reclusion Temporal (12
years and 1 day to 20 years)
ART 255 - Infanticide - Committed by any person who shall

kill any child less than three days of age (less than 72 hours). The
penalty provided in parricide and murder shall be imposed. If the
crime penalized in this article be committed by the mother of the
child to conceal dishonor, she shall suffer the penalty of prision
mayor (6 years and 1 day 12 years). If committed by maternal
grandparents or either of them, the penalty shall be reclusion
temporal (12 years and 1 days to 20 years).

HOMICIDE INVESTIGATION PROCEDURES
▪ Criminal Investigation of homicide - is a discovery process. The

investigator seeks to discover and documents such facts as to the
type of death, identity of the deceased, cause of death and
motivation and identity of the perpetrator. In order to resolve these
fundamental questions, the investigation will focus on the cadaver,
crime scene and post mortem examination.
▪ The cadaver - is often of prime importance as an investigative

factor. The victim’s body can reveal much through examination of
wounds and other types of tracing clues that may be present.
▪ Establishing Death - The first essential step of the homicide

investigation is to establish that the victim is, indeed, dead. Police
officers do not have the legal authority to pronounce death, only
physicians/ medical doctor can establish the fact of death. For
this reason, the police officer should never assume death unless
the condition of the victim’s body demonstrates death in a totally
obvious manner.
▪ Identifying the Cadaver - Establishing the identity of the victim is

important, it will provide tracing clues to the motive and identity of
the perpetrator, with the identity known, the investigator can focus
attention on the victim’s background and establish a possible
motive through such information. Victims encountered in indoor
scenes will normally have identifying data on the body, or such
data will be available throughout the crime scene. In outdoor
scenes, such evidence is normally not as readily available, since
the victim is removed from the personal environment and also
outdoor scene may not be discovered for long period of time; thus,
evidence may be destroyed by elements of nature or will be lost.
▪ Means of Identification - If there are no identifying papers on the

victim’s person, fingerprint should be used as means of
identification. If fingerprint identification is unsuccessful, the
investigator must rely on other methods to establish identity.
Dental structures are highly resistant to destruction, and are
frequently useful when the other portions of the body are totally
decomposed. (Forensic Odontology). The skeletal remains of the
victim may also help to determine identity, as well as yield other
types of information. If bone fractures are noted, they may be used
to identify the deceased, but if only corresponding medical records
can be located. The widths of the pelvic bones are excellent
indicators of the victim’s sex; Determination of the victims age
maybe more difficult, in that the victims past the age of eighteen

years have generally achieved their maximum skeletal growth.
However, general age determination can be established via dental
structure.
▪ Law of Multiplicity of Evidence - the greater the number of

points of similarities and dissimilarities of two persons compared,
the greater is the probability for the conclusion to be correct.
▪ Determination of time of death - A determination of the time of

death should be attempted in all homicide investigations. This fact
is significant because of its investigative importance in
corroborating or disputing alibis, or in establishing the victim’s
movements prior to death. Determining death is not an exact
science.
▪ Post- mortem changes - Livor Mortis – the discoloration of the

body; setting of blood in the dependent regions following death. It
is a reddish purple to purple coloration in dependent areas of the
body due to accumulation of blood in the small vessels of the
dependent areas secondary to gravity. This pooling of blood begins
immediately after death and becomes fixed in approximately 8-12
hours. The investigator can press on the skin in the dependent
regions and if the skin blanches, death has probably occurred less
than 12 hours. This becomes fixed after a while and can tell if the
body has been moved. This is not a reliable indicator of time of
death. This is a better indicator of whether the body has been
moved since death.
▪ Color of Lividity - may indicate the cause of death. Carbon

monoxide poisoning/ cyanide- cherry red to pinkish color.
Asphyxia- dark lividity. Phosphorous poisoning- dark brown
▪ Types of Lividity – Hypostatic - blood is still in fluid form inside

blood vessel; change as position of the body change. blood
remains fluid in the blood vessel for 6- 8 hours. Diffusion -
coagulated inside blood vessel; Change in position will change its
location.
▪ Rigor Mortis - Stiffening of the body. Chemical reaction that

causes rigidity in the muscle groups or stiffening of the body after
death due to the disappearance of Adenosine Triphosphate (ATP)
from the muscle. It disappears with decomposition. Coldness and
or freezing will delay the onset of rigor mortis as well as prolong
presence. It involves all muscles the same time at the same rate. It
appears first in the smaller muscles such as the jaw and then
gradually spread to upper and lower extremities.

▪ Algor mortis - Cooling of the body. The body cools following death
at approximately 1.5 degrees F per hour, under normal conditions
and assuming the body’s temperature at death is 98.6 degrees F
(37 degrees C). Factors affecting algor mortis includes illness,
clothes, obesity, and room temperature.
▪ Examination of the Cadaver at the crime scene. External post

mortem appearances are very informative. The areas of the body
showing lividity indicate the position after death. Wounds and their
appearance are particularly significant as they often assist in
reconstructing the circumstances of a crime, the nature of the
murder weapon and the manner of its use. Defense wounds are
the result of a person’s instinctive reaction of self-protection. It
may be found on the hand in the effort of the victim to grasp the
wounding instrument or by raising the hand to protect the vital
parts of the body. Absence of defense wound does not eliminate
the possibility that the victim made some form of defense.
▪ External Violence Marks
a. Contusion - an injury in the substance of the skin,

discoloration of the surface due to extravasation of blood.
This is due to the application of a blunt instrument.
b. Hematoma - this is the extravasation of blood in the newly
formed cavity.
c. Incised wound - produced by forcible contact on the body by
sharp edge instrument.
d. Stab wound - produced by the forcible application and
penetration of a sharp instrument.
e. Punctured wound- penetration of a sharp pointed weapon
f. Lacerated wound- tearing of the skin due to forcible contact
of a blunt instrument.
▪ Gunshot wounds - all gunshot wounds result from the entry of a

projectile into the body, and the frequent presence of undispersed
explosive gases. The relative size and appearance of the wound
will be affected by the distance from which the weapon was
discharged. Generally, the closer the discharged to the skin, the
greater the damage. This damage is due to explosive gases which
proceed the projectile at close range. In some investigations
involving firearms, a determination of whether the death was a
homicidal, suicide or accidental is difficult. In making such
determination, the distance of the discharge is of great importance.
Majority of suicidal and accidental gunshot cases, arm’s length
discharges are involved. If the wound indicates discharge beyond
the victim’s length, homicide is indicated. The location of the

wound may also serve to rule out suicide. If the wound is located
in an area of the body that is relatively inaccessible to the victim,
homicide is indicated. It is also unusual for a suicide wound to be
inflicted in an area other than the head of chest; However, there
have been a number of suicide cases involving wounds in
extremities. The presence or absence of a “suicide note” is a poor
indicator of suicide or homicide.
▪ Two types of wounds - entrance wound (POE) and exit wound

(POX)
▪ Suicidal, Homicidal or Accidental
Evidence to prove that gunshot wound is suicidal - the

fire is usually contact or near contact, as shown by the presence of
burning, singeing and tattooing of the area around the gunshot
wound; presence of usually but one gunshot wound. In most
cases, after a shot, especially at the head, the victim can no longer
voluntarily act to inflict another shot. Portions of the body involved
are those accessible to the hand of the victim utilized in
committing suicide, he will not think of the difficult way of ending
his life unless he has the intention of deceiving the investigators.
History of despondency, family problem which may cause him to
commit suicide.
Evidence to show that the wound is accidental - Usually

there is but one shot. There is no special area of the body involved.
Testimony of the witnesses.
Evidence to show that the wound is homicidal - The site

or sites of the wound of entrance has no point of election. The fire
is made when the victim is usually some distance away from the
assailant Signs of struggle or defense wound maybe present in the
victim. There may be disturbance of the surrounding on the
account of the previous struggle. Wounding firearm is usually not
found at the scene of the crime. Testimony of the witnesses

ROBBERY INVESTIGATION
▪ Article 293 – Robbery in General - Any person who, with intent

to gain, shall take any personal property belonging to another by
means of violence or intimidation of any person, or by using force
upon anything shall be guilty of robbery.
Elements of Robbery - Unlawful taking of personal

property; the property must belong to another; the taking is done
with violence against, intimidation of any person or force upon
things; the taking is with intent to gain.
How robbery is committed? The malefactors shall enter the

house or building in which the robbery was committed. by any of
the following means: Through an opening not intended for
entrance; by breaking any wall, roof, floor or breaking any window
or door; by using false key or picklocks; by using fictitious name or
pretending the exercise of public authority; by breaking of doors,
wardrobes, closets or any kind of locked or sealed furniture or
receptacle; by taking such furniture or objects away to be broken
or forced open outside the place of robbery.
General Types of Robbers - Amateurs- motivated by greed,

the desire for a thrill and self-testing. Professionals - are those
people who worked as robbers as a trade making it their living and
having no other means of income.
Two kinds of Robbery - Robbery with violence or

intimidation and Robbery with force upon things
Belonging to another- Person from whom property was

taken need not be the owner legal possession is sufficient. The
property must be personal property and cannot refer to real
property. Name of the real owner is not essential so long as the
personal property taken does not belong to the accused except if
crime is robbery with homicide.
Taking of personal property- must be unlawful; if given in

trust- estafa.
In robbery with violence or intimidation - from the moment

the offender gains possession of the thing even if offender has had
no opportunity to dispose of the same, the unlawful taking is
complete. In robbery with force upon things- thing must be taken
out of the building.

Intent to gain - presumed from unlawful taking- intent to
gain may be presumed from the unlawful taking of another’s
property. However, when one takes a property under the claim of
ownership or title, the taking is not considered to be with intent to
gain.
When there’s no intent to gain but there is violence in the

taking - grave coercion.
Violence or intimidation must be against the person of the

offended party, not upon the thing.
General rule - violence or intimidation must be present

before the “taking” is complete. Exception - when violence results
in homicide, rape, intentional mutilation or any of the serious
physical injuries, the taking of property is robbery complexed with
any of this crime under ART. 294, even if taking is already
complete when violence was used by the offender.
Use of force upon thing - entrance to the building by means

described and ART. 299 and 302 (Offender must enter). The other
kind of robbery is one that is committed with the use of force upon
anything in order to take with intent to gain, the personal property
of another. The use force here must refer to the force employed
upon things in order to gain entrance into a building or a house.
When both violence or intimidation and force upon things concur,
it is robbery with violence.
▪ Robbery and Theft, compared
1. Both robbery and theft involved unlawful taking as an

element;
2. Both involve personal property belonging to another;
3. In both crimes, the taking is done with intent to gain;
4. In robbery, the taking is done either with the use of violence
or intimidation of person or the employment of force upon
things;
5. In theft, the taking is done simply without the knowledge
and consent of the owner.
▪ Investigative Techniques in Robbery Cases
1. The investigator must initiate similar preliminary steps upon

reaching the crime scene.
2. Determine the point of entrance and point of exit by the
perpetrator.

3. Determine the value of stolen articles
4. The full and detailed description of the stolen articles
5. Gather physical evidence.
6. Determine the modus operandi of the perpetrator as it would
give leads in the identification and arrest of the suspect.
7. Full and detailed description of a get-away vehicle if any, or
vessel, boat in cases of piracy.
8. Coordinate with other law enforcement agencies
9. Exploit investigative leads
10. Written testimony of the complainant witness
11. Accumulate clues and traces at the scene of a crime which
will serve to identify the offender
12. Develop informants in the local underworld who are aware of
the activity of robbery, particularly the activity of the semi-
skilled amateur groups. (usually the addict-robber)
13. Conduct a surveillance of likely fences and uncover and
trace back stolen property from its receiver to the robber.
14. Conduct surveillance of known burglars to ascertain if they
are presently committing robbery.
15. Accumulate information on various types of robber, the
known and newcomers, whether they are in or out of prison,
whether they are active.
16. Be alert on a modified modus operandi
17. In cases homicide is committed, follow the pattern of
homicide investigation.
▪ Physical Evidence to be collected – Footprints, Fingerprints,

Areas of break, Closets- prints may be found in door and jumps,
Door knobs, Dressers, Pieces of furniture, Bottles and glasses,
Walls, Tools, Desks, Clothing - sometimes the robbers exchange
their own jackets with that one found. If a window was broken in
effecting entry, glass particles maybe presents in the trouser cuffs
and pockets of suspect. Samples of broken glass should be
collected for possible future comparison in the event that a suspect
is picked up. Paint- if a crowbar has been used to force the
window, paint may adhere to the tool. Paint samples should be
taken for future comparison. Tool marks, Tools, odd behavior
patterns in the crime scene, Cords and ropes used, Firearms used,
Means of escape.

▪ Technique Commonly Employed by Robbers – Means of Entry
The means of entry differs in various burglaries and are

related to the skill of a robber. The various known means of entry
are:
1. Open door or window entry – the robber/s roams residence

areas, apartments, and hotels looking for open doors or
windows.
2. Jimmy entry – the robber/s forces a door or window with
an iron tool such as a tire iron, screwdriver, or small
crowbar or box opener.
3. Celluloid entry – the robber forces open a door spring lock
with a small piece of celluloid.
4. Stopover or human fly entry – the robber is an aerialist,
the stopover robber steps from a fire escape, balcony or other
building to a nearby window. The “human fly” robber can
progress upward or downward or the sides of a building to a
selected point of entry.
5. Roof entry – the robber breaks into a premise through a
skylight or air conditioning duct or the roof or by cutting a
hole in the roof of a building or residential home.
6. Hide–in entry – the robber hides in a commercial premise
until all employees have left and then breaks out with the
stolen property.
7. Cut-in entry – the robber uses tools of various kinds to cut
through the floor, ceiling, or wall of a store or office to
another store or office.
8. Hit and run – the robber breaks a window of a ground floor
store and takes property from a window or nearby portions
of the premises, and flees before police can be alerted to the
crime.
9. Key entry – the robber uses a key – the key may be given to
him by an informant (finger-man) it may be stolen or the
burglar may obtain a duplicate or master key by various
means.\
▪ Methods of Safe-breaking
1. Punching- in this manner of entry a sledge hammer and a

drift punch are used to knock the combination dial from the
safe and to drive the spindle back into the safe. This makes
the release mechanism of the lock accessible and allows the
safe to be opened.

2. Pulling – a device similar to a gear or wheel puller is used to
pull the dial or spindle completely out of the safe door and
thus allow the safe to be opened.
3. Peeling – entry involves the prying off the outer surfaces of
the safe door so that the locking mechanism of the safe is
exposed and can be pried open, allowing entry to the safe.
4. Drilling – holes are drilled in the door of the safe to expose
the lock mechanism allowing the safe-breaker to align the
lock tumblers manually and open the door of the safe.
5. Ripping – battering of the top, bottom or sides of a safe with
a chisel or other metal cutter, such as a ripping bar the
hydraulic ramming device used in a body and fender shop.
6. Burning – Use of oxygen/acetylene torch
7. Blasting – Use of explosives
8. Carrying – carrying away
ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY (P.D. 532)
▪ Piracy - any attack upon or seizure of any vessel, or taking away of

the whole or part thereof or its cargo, equipment or the personal
belonging of its complements or passengers, irrespective of value
thereof, by means of violence against or intimidation of persons or
force upon things, committed by any persons, including a
passengers or member of the compliments of said vessels in
Philippine waters.
▪ Highway Robbery or Brigandage - 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 persons or force upon things of other unlawful
means committed by any person or any Philippine highway.
ANTI-CATTLLE RUSTLING LAW OF 1974 (P.D. 533)
▪ Cattle Rustling - the taking away by any means, methods or

scheme, without the consent of the owner/raiser, or any of the
above animals (cow, carabao, horse, mule or other domesticated
member of the bovine family) whether or not for profit or gain, or
whether committed with or without violence against or intimidation
of any person or force upon things. It includes the killing of large
cattle, or taking its meat or hide without the consent of
owner/raiser.

ANTI-FENCING LAW OF 1979 (P.D. 1612)
▪ Fencing - is the act of any person, who, with intent to gain, for
himself or for another shall buy, possess, keep, acquire, concealed,
sell or in any other way, deal on any articles, items, objects, or
anything of value which he knows to have been derived from the
proceeds of crime or robbery or theft.
▪ Fence- include any person, firm, organization, association or

corporation or partnership and other organization who/ which
commits the act of fencing.
KIDNAPPING AND SERIOUS ILLEGAL DETENTION (ART. 267)
▪ Elements - Offender is a private individual. Kidnaps or detains

another, or in any other manner deprives the latter of his liberty.
The act of detention or kidnapping must be illegal. That in the
commission of the offense, any of the following circumstances is
present:
a. That the kidnapping of detention lasts for more than 3 days

b. That is committed simulating public authority
c. That any serious physical injuries are inflicted upon person

kidnapped or detained of threats to kill him are made; or
d. That the persons kidnapped is a minor, female, or a public
officer.
▪ Any private individual who shall kidnap or detain another, or in

any other manner deprives him of his liberty. The perpetrator shall
suffer the penalty of reclusion perpetua to death if the kidnapping
or detention shall have lasted for more than five days; committed
by simulating public authority.
▪ Any serious physical injuries shall have been inflicted upon the
person kidnapped or detained or if threat to kill shall have been
made. The person kidnapped or detained shall be a minor, female
or public officer.
▪ The penalty shall be death where the kidnapping or detention was

committed for the purpose of extorting ransom from the victim or
any other person, even if none of the circumstances above
mentioned were present in the commission of the offense.

▪ Initial Investigative Procedures for Kidnapping
1. Thorough interview of the victim if already released.

2. Search of the crime scene
3. Interview of the possible witnesses
4. Checking the modus operandi
5. Possible identification through the photographic files
6. Coordination with other law enforcement agencies
▪ Kidnapping where ransom is involved - When a complaint is

received, the family of the victim is requested to remain in touch to
accumulate information needed. The following types of information
must be taken:
1. How the demand was made

2. Request the family to refrain from divulging the contents of
the letter, note or call to anyone except to the police
authorities.
3. Emphasize the importance of news blackout as essential to
the victim’s safety
4. Obtain and preserve the ransom note for laboratory
examination.
5. Determine if the family intends to pay the ransom,
investigators should avoid giving the opinion as to ransom
payments
6. Find ways and means to verify if the victim is still alive.
7. Conduct family background investigation
8. Conduct covert investigation of household helpers
9. Arrange for wiretapping operations in accordance with RA
4200
10. Establish possible motives
▪ Pointers to be considered in Kidnapping Cases
1. Remember that kidnap for ransom gang must be treated as

witty, experienced and dangerous armed criminals.
2. Any slightest mistake on the part of the police would mean
death of the victim
3. Initiate secrecy discipline not only on the victim’s family but
also within the police.
4. Experienced, trusted personnel must be utilized
5. Equipped with sophisticated communication system
- End of Part 2 -

Part 2 - Special-Organized Crime Investigation

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CRIMINAL DETECTION AND INVESTIGATION

ORGANIZED AND SPECIAL CRIME INVESTIGATION

UNDERSTANDING ORGANIZED CRIME

▪ Organized Crimes – synonymous with the term Mafia, Cosa

▪ Organized Crime - is a non-ideological enterprise involving a

▪ Organized Crime - as any group having some manner of a

▪ Organized Crime - means the unlawful activities of the members

▪ Organized Crime - refers to any group having a corporate

▪ Organized Crime - is a large-scale and complex criminal activity

NATURE OF ORGANIZED CRIMES

a. has no political goals

▪ It can also be illustrated by:

CHARACTERISTICS OF ORGANIZED CRIMES

▪ Conspiracy - fronts will be used to disguise the real operations;

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TYPES OF ORGANIZED CRIMES

▪ White Collar Crimes - crimes as business as well as various forms

PATTERNS OF ORGANIZED CRIMES

▪ Assault - the dirty deeds

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▪ The La Cosa Nostra

1. Boss of Palermo Commission - Commission made up of

▪ La 'Ndrangheta Structure from La Sorte

1. Capobastone - Head of Command - Designates territory

▪ The Chinese Triad

1. Management of Principal Lodges - Confederate of a number

As part of a Principal Lodge, the Sheung Fa answers to the three

1. Sheung Fa/Chu Chi (438) - Double Flower, or Snake Head -

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a. 1812 - Post-feudal Sicily - the upheaval of Sicily's transition

▪ Hispanic Crime Group

1. Columbian Medellin Cartel - an organized network of "drug

1970s - illegal cocaine trade took off and became a major

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2. Cali Cartel - was a drug cartel based in southern Colombia,

3. Mexican Mafia - (Mafia Mexicana) - also known as La eMe is

▪ Asian Crime Groups

1. The Chinese Triad - “Triad” is used to describe many

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▪ The Russian Mafia - is a name applied to organized crime

GANGS AND ORGANIZED CRIMES

▪ Gang - is a group of people who, through the organization,

The well-known gang are Order of Assassins, Adam the

40 Thieves - first street gang in the United States, around

International Opium Convention and the Volstead Act of

▪ Gang Types and Structure

1. Street Gangs - are people with similar backgrounds and

Street Gang is a self-formed association of peers, united by

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2. Prison Gangs - are groups in a prison or correctional

3. Criminal gangs – groups that may function both inside and

▪ Gang Risks and Affiliates

"At Risk” or "Peripheral" - group of kids that are not

“Associates” or “Affiliates” - these kids associate with gang

▪ Gang Composition and Recruits

Gang Member - this person associates almost exclusively

Hard Core Gang Member – this gang member has become

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▪ Typical Gang Activities - Gangs are involved in all areas of street-

▪ Gang Violence - refers to those illegal and non-political acts of

▪ Gang Motives - gangs have gained the most control in poorer,

▪ Gang Identification - gang members have identifying

FRATERNITY AND ORGANIZED CRIME

▪ Fraternal organizations - have been around since the days of the