PhilCST

PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice

OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

INTRODUCTION TO CRIMINAL INVESTIGATION

Lesson 1.2: Concept of Criminal Investigation

Learning Objectives:
At the end of the lesson, you should be able to:
1. Discuss the concept of criminal investigation.

Concept/Discussion:

The word “investigation” came from the Latin word “vestigare”, which means “to track or to
trace”.
Investigation is not unique to law enforcement. As matter of fact, other professions routinely
conduct investigation their fields on specialization. Thus, a doctor must first diagnose the disease
before he can recommend the cure. He must investigate. Likewise, an engineer cannot calculate
the concrete unless he measures the floor area of the structure the building. He must investigate.

Definition of Basic Terms

 FELONY = acts in violation of the provisions of the Revised Penal Code.
 OFFENSE = acts in violation of Special Laws.
 MISDEMEANOR = acts in violation of city/municipal ordinances.
 CRIME = an act or omission punishable by law forbidding or commanding it.
 CRIMINAL INVESTIGATION AS AN ART = It deals with the identity and location of the
offender and then proving his guilt through a criminal proceeding. It is an art because
it is governed by intuition, felicity of inspiration, and to a minor extent, by chance.
 CRIMINAL INVSTIGATION AS A SCIENCE = A systematic method of inquiry that
preliminary apply scientific knowledge, principles, and methodologies in order to
discover, identify, collect, and process facts and evidence to promote justice. However,
the use of scientific method must be supplemented by the investigator’s initiative and
resourcefulness in finding solution of cases under investigation. The sequence of
investigation must follow scientific operating framework that requires imagination,
improvisation, and creativeness on the part of the investigator.
 CRIMINAL INVESTIGATION AS A PROCESS = it involves 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 systematic plan.

Investigative Theories and Methods

Experienced investigators have proved that no two investigations are of the same type
of crimes are exactly alike. Each crime involves different sets of facts based from
different sets of information, necessitating individualized approaches and application.
A crime can be viewed as a happening which generates information signal about an
act. In a criminal act, the doer emits the signal while the police receive it.

The result of the inquiry in investigation will answer the following questions:
 PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

 Did a criminal violation as described by a code or statute occur?

 Where and at what time and date, did the crime occur?
 Who were the individuals involved in the planning, execution, and after effects of the
violation?
 Is a witness to the criminal activity present?
 Is there evidence of the criminal offense?
 In what manner, or by what method, was the crime perpetrated?
 Is there an indication of guilt or innocence to aid judicial official in determining a just
solution to the case?

Functions of Criminal Investigation

 Recognition/identification
 Collection
 Preservation
 Evaluation
 Presentation
Starting points of criminal investigation
1. State the problem = The problem would be to identify, locate and arrest the perpetrator
of the crime and attempt to recover all stolen property in a thorough legal manner designed
to ensure the greatest probability of justice
2. Form hypotheses = It is the construction of an explanation of an occurrence.
 Motive that which causes a person to act in a certain manner
 Knowledge by the suspect to commit a crime
 Means or things used to commit a crime
3. Observe and experiment = As applied to the proposed explanation, this process serves
as a check for the hypothesis that is incorrect. The investigator evaluates information obtained
from applying the theory to various sources.
4. Interpret data = The investigator should be as objective as possible in the interpretation.
Is the information obtained true? The data may be reviewed by another investigator to provide
a second opinion. The officer may conclude, at this point, that the result is true or not.
5. Draw conclusions = The following questions should be answered:
 Has the stated problem been answered?
 Does evidence support hypothesis?
 Has each stage of investigative method been conducted in a totally legal
fashion?
 Does data interpretation support a recommendation for prosecution?

Principles of Investigation
 No two crimes are alike
 Most crimes are resolved in one hour
 Most crimes are solved by guesswork and luck
 the law provides elements as to what happened
 The modus operandi provides clues as to who did it?
 Criminals always make mistakes
 Evidence is always present
 People always lie to you
 PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

 Learn to work with others

 Know when to give up
 Public opinion is important
 You can never receive too much training
 there is never enough time
 The proper ethics is to put behind bars, but not by any means
 think like a “native,” not a criminal
 document everything
 Establish credibility in court.

The Cardinal Points of Investigation

 What Questions
o What happened? What specific actions did the suspect/victim did?
o What is the nature of the crime?
o What was the weapon or tools used by the suspect?
o What are the pieces of evidence discovered at the crime scene?
 How Questions (Modus Operandi)
o How did the suspect get near the victim?
o How did he perform the crime?
o How did the suspect get necessary information?
o How hid the suspect get away from the crime scene?
o How was the crime scene searched?
 Who Questions
o Who reported the crime?
o Who discovered the crime?
o Who saw the crime was perpetrated?
o Who is the victim?
o Who is the suspect?
o Who are principals, accessories and accomplices?
 Where Questions
o Where was the crime discovered?
o Where did the crime took place?
o Where are the victims, witnesses or suspects?
o Where was the suspect seen/apprehended?
o Where are weapons/tools used in committing the crime?
o Where did the investigator secure or obtain the evidence?
 When Questions
o When was the crime committed?
o When was it discovered?
o When was the police notified?
o When was the victim last seen?
o When was the suspect arrested?
 Why Questions
o Why did the suspect committed the crime?
o Why did he kill the victim?
o Why did he not just let the victim go?
o Why did he not surrender?
 PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

Phases of investigation
1. Preliminary or initial investigation = It involves the first exposure of the criminal offense to
the investigative process. It serves as the foundation for the case; therefore, it must be a
proper foundation or the entire investigation is on jeopardy. The first police representative
on the crime scene will usually be a uniformed patrol officer. His duties are to provide aid
to the victim, to secure the crime scene for later investigation, and to begin documenting
the facts of the crime.

a. Offense determined = Specific nature of the crime, detailed description must be

transmitted as soon as possible.
b. Suspect arrested, if possible = the outcome of preliminary investigation is
governed by the passage of time. The longer the interval without arrest, the lower
the probability of success.
c. Crime scene protected = protection of the crime scene is one of the first procedure
in the investigation of crime. The preliminary inquiry focuses on the crime scene
as the major area of importance.
d. Victim and witnesses identified = anyone who can add information to the initial
investigation. The victim is given the priority for the officer’s attention. A basic
interview is conducted with the victim, keeping in mind that the victim will be
interviewed again during in-depth investigation.
e. Basic statements be taken
f. Crime scene processed

Acronym of preliminary investigation

P = roceed to the scene promptly and safely
R =ender assistance to injured persons
E = ffect arrest of the criminal
L = ocate and identify witnesses
I = nterview complainant and witnesses
M = aintain integrity of crime scene and protect evidence
I = nterrogate the suspect as necessary
N = ote conditions, events, and remarks
A = rrange for evidence collection or collect it yourself
R = eport the entire incident fully and accurately
Y = ield responsibility to follow-up investigator or superior officer

2. Follow-up or in-depth investigation = It follows up the preliminary or initial investigation.

The in-depth inquiry begins with a general re-examination of all facts, leads and other types
of information secured during the preliminary investigation. The detective must determine
if the preliminary inquiry was complete and attempt to answer the following:
a. Was the crime scene processed in a proper manner?
b. If the suspect was arrested, was the arrest legally competent?
c. Of the physical evidence secured, should be examined by the crime laboratory,
and what specific examination should be requested?
d. Are the identifying data concerning victims and witnesses correct?
 PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

e. Has the preliminary officer been contacted in regard to leads or areas of inquiry
not found in the formal preliminary report?

3. FINAL OR CONCLUDING INVESTIGATION = The direct outgrowth of the previous two stages.
The investigating officer works closely with the prosecuting attorney. A criminal case
should be prepared for trial in the following order:
a. Review the suspect’s arrest to ascertain its legality
b. Review all suspect’s statements and admission as to their legality
c. Review the manner in which all relevant evidence has been secured
d. Re-examine legal requirements of victims and witness statements and
identification of the suspect
e. Review and compile all notes, reports and documents that may be used during
the trial.
f. Review all information secured by the use of informants and make decisions
about the possibility of their use in court.
g. Arrange for all necessary expert-witness testimony

Desirable Traits of the Investigator

1. Superior Reasoning Ability = The ability to analyze logically a multitude of facts and
determine how they interrelate is basic to the investigative process. Although this ability is
essential at all levels of law enforcement, the investigator is confronted with continual
mental challenges on a daily basis.
This is related to CRITICAL THINKING. This method of reasoning challenges one to
adopt an attitude of fair mindedness, intellectual caution and an openness to questions
common or assumed beliefs. Critical thinkers will find supportable reasons to accept or
reject an assumption and are never hesitant to seek an explanation of the “why” of an
event.
Developing critical and analytical thinking is the means for understanding and
using information that emerges during the investigative process. Properly used, critical
thinking leads to sound conclusions based on independent ideas.
Elements That from the Foundation of the Critical Thinking Process:
a. Differentiating between fact and opinion.
b. Determining cause-and-effect relationships
c. Determining the accuracy and completeness of information
presented.
d. Recognizing logical fallacies and faulty reasoning.
e. Developing inferential skills through deductive or inductive
reasoning
• A fact is a statement or observation that can be verified by other verifiable points
of information, whereas an OPINION is merely one’s impression or personal belief.
Factual data will generally guide the course and direction of the case, whereas
opinions serve only as secondary, less valuable functions.
• Cause-and-effect thinking often serves as a directional purpose during the
investigative process, as one or more facts generate further related factual
insights.
 PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

• Faulty reasoning often centers on generalization, stereotyping, oversimplifying, or

incorrect assumptions
• Deductive reasoning forms a general conclusion prior to having a complete
explanation based on facts. With the deductive conclusion in mind, the
investigator considers the emerging evidence, contrasting it with the conclusion
to determine its validity. An INDUCTIVE REASONING is based on the results of
further investigation and evidence gathering.
2. Imagination and curiosity = IMAGINATION means forming mental images of what is not
present or creating new ideas by combining previous experiences – is indispensable in the
many investigations that are not complete. CURIOSITY is the desire to learn by being
inquisitive (the eagerness of the investigator to know more about the crime).
3. Intuition = This is the immediate apprehension or cognition – quick and ready insight
without the conscious use of reasoning. It has been pointed out that many police
investigators have a “sixth sense” resulting in hunches that those outside the profession
rarely perceive. This is often the result of experience and training. Applying one’s
experiences to a situation is generally a subconscious though process.
4. Observational ability= The act of observing is a noting and recording of facts. Under most
circumstances, the investigator will use the sense of seeing and hearing, the former being
the more significant. e.g. The criminal investigator must be able to note visual details, while
observing a subject for only a brief time. The accuracy of descriptions of facial features,
clothing, automobiles, etc. is often crucial importance in a criminal case.
5. Organizational ability = Like the successful business executive, the police investigator is
continually processing various types of information. Written information, verbal
information, current case assignments, and follow-ups of past investigation all require an
ability to organize. The investigating officer is receiving and processing formal reports from
a multitude of sources. This demands an orderly method of information retention that will
result in the availability of records and facts when needed.
6. Legal knowledge = Today’s investigator must possess a solid grounding in criminal and to a
lesser degree, in civil law. The office must be able to distinguish between a criminal
violation and a civil violation in order to determine appropriate action.
7. Cultural understanding and a wide range of interest = An awareness and understanding of
cultures different from the investigator’s own can be of great advantage. Such insight can
assist appreciably in information gathering, interviewing, informant recruiting, and many
other tasks commonly encountered during criminal investigation. Because specific
behaviors and traits are unique to various groups, development of an awareness of cultural
diversity can provide the investigator with new insights.
8. Persistence = Continuing in the face of opposition, or refusing to give up when faced with
an adverse situation. To persist until all available facts of an investigation are known and
until satisfied that further effort will be unproductive is the working definition of
persistence for the investigator.

Roles of an investigator
1. Determine that a crime has been committed
a. An act which violated no statute is not a crime
b. Departmental jurisdiction may be limited
c. Possibility of false report
d. Legal concept of corpus delicti (body of the crime)
 PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

2. Identifying the victim and the offender

True name not required = Section 7, Rule 110 of the rules of Court states,” If his
(accused) name cannot be discovered, he must be described under a fictitious name
(John Doe) with a statement that his true name is unknown.”
3. Locate and apprehend the accused
4. Presenting evidence of guilt

Learning Sources:

Books:

1. Salamanca, Bayani H. et.al. (2017). Police Intelligence and Secret Service. Wiseman’s Book
Trading, Inc.
2. Fetalvo-Balares, Marilyn et.al. (2016). Police Report Writing. Wiseman’s Book Trading, Inc.
3. Sta. Ana, Hernandez A. et.al. (2016). Special Crime Investigation. Wiseman’s Book Trading, Inc.
4. Vicente, Jezreel B. et al. (2016). Fundamentals of Criminal Investigation Second Edition.
Wiseman’s Book Trading, Inc.
5. Garcia, Mario B. (2016). Effective Techniques in Criminal Investigation. Wiseman’s Book
Trading, Inc. 6. Delizo, Darlito Bernard G. (2015). Review Materials on Law Enforcement
Administration Second Edition. Prudence Research & Review Center
7. Guevara, Ricardo M. et.al. (2015). Crime Detection and Investigation. Wiseman’s Book Trading,
Inc.
8. Guevara, Ricardo M. et.al. (2014). Special Crime Investigation Second Edition. Wiseman’s Book
Trading, Inc.
9. Nano-Bajado, Maria Cristina et.al. (2014). Technical Report Writing 1. Wiseman’s Book Trading,
Inc. 10. Nano-Bajado, Maria Cristina et.al. (2014). Technical Report Writing 2. Wiseman’s Book
Trading, Inc. 11. Villaluz, Joner C. et.al. (2014). Instructional Module on Special Crime
Investigation. Wiseman’s Book Trading, Inc.
12. Guevara, Ricardo M. et.al. (2010). Police Intelligence and Secret Service. Wiseman’s Book
Trading, Inc.