Professional Documents
Culture Documents
Cdi3 Semis
Cdi3 Semis
TRIAL BY ORDEAL
• (Latin: dei indicum. miraculous decision) was an ancient judicial practice by which the
guilt or innocence of the accused was determined by subjecting them to a painful, or at least an
unpleasant, usually dangerous experience. The belief was that an innocent person (protected
by God) would emerge unharmed while a guilty person would die a painful death
• In ancient times, the judicial system was especially harsh. Back then they did not use facts and
evidence to prove the innocence of the accused the way we do today.
Instead, they used the method of trial by ordeal in which the accused had to do something life
threatening. If the person survived, then his innocence was proven
ORDEAL BY COMBAT
• When two people were in dispute, the way to settle who was guilty and who was not
was trial by combat. The two would engage in a duel. The winner was believed to be innocent
because he did not win by his own strength but by divine intervention God sided with the
righteous person.
• If the loser did not die in combat, he would be hanged or burned for his criminal offense. For a
lesser crime, he would have his hands cut off and his property confiscated.
1.1. Ordeal of Heat and Fire in this test the suspect walked a certain distance, usually
nine feet, over red-hot plowshares or holding a red-hot iron. In extreme cases, innocence
was proven when the accused was not harmed in the slightest.
1.2. Ordeal of Hot Water this test requires that the water had to be boiled, and the
depth from which the stone had to be
retrieved was up to the wrist for one accusation, and up to the elbow for three or more
accusations.
3. Red Hot Iron Ordeal the accused will be required to touch his tongue to an extremely hot
metal nine (9) times (unless burned sooner), Once his tongue is burned, he will be adjudged
guilty. In some country instead of hot iron, they used a hot needle to tease the lips and once the
lips bleed it is an indication of guilt.
4. Ordeal of Cold Water this ordeal has a precedent in the Code of Ur-Nammu and the Code of
Hammurabi under which a man accused of sorcery was to be submerged in a stream and
acquitted if he survived. In 16th and 17th centuries, ordeal by water was associated with the
witch-hunts. Floating is an indication of witchcraft.
7. The Test of the Candle the accuse and the accuser stood on either side of a cross and
stretched out their hands horizontally. The one to first lower his arms lost.
8. The Test of the Axe in Greece, a suspended axe was spine in the center of a group of
suspects, when the axe stopped, whosoever was in line with the blade was supposed to be the
guilty as pointed by divine providence.
9. The Test of the Candle this ordeal was used in Burma, the accuser and accused were each
given identical candles and were lighted at the same time. The candle that burns the longest
determines which one is telling the truth.
10. Donkey's tail (Ash tail) Ordeal) A person suspected of theft is subjected to a test to
determine his/her guilt. The suspec is required to enter a dark tent and inside the tent is a
donkey. The tail of this donkey is covered with soot. The suspect is told to pull the tail of the
donkey. When the suspect comes out with a dirty hand, he is not guilty as he is not afraid to pull
the donkeys tail because he did not commit any wrong
A person who comes out of the tent with a clean hand is presumed guilty as he is afraid to pull
the donkey's tail, a manifestation of guilt at that time.
11. The "Hereditary Sieve" Dr. Hans Gross mentioned this Ordeal in his famous book on
Criminal Investigation in which beans were thrown into a sieve as the name of each suspect
was called. The deception criteria were described as follows-- *If the bean jumps out of the
sieve, the owner of the name pronounced is innocent, if the bean remains in the sieve, the
person named is the thief.
Pathological Lie made by a person who cannot distinguish lies from the truth
Black lie pretension and hypocrisies to destroy someone's integrity. Extremely hurtful because
they lead to rumors that d damage someone else's re**tion. Spreading rumors is not only a lie
but is also stealing another's re**tion
Judicial or Malicious Lie lies intended to mislead or obstruct justice, fabricated statements as
bases in rendering justice.
Why do People Lie?
What drives a person to lie is the fear of detection. He may feel that detection would cause
embarrassment, and on the part of crime suspects, it is the fear of penalty and punishment.
Person's fear, anxieties and apprehensions are channeled toward the situation which reminds
his instinct of self-preservation to struggle out from consequences of the wrong he had already
done. In short, he resorts to lying as Defense Mechanism
1. COMPULSIVE LIARS are the liars that tend to cause the most damage and hurt. In most
cases, compulsive lying is a trait associated with a personality disorder. However, you can
always find out if they are lying. Their stories don't usually add up. They are also very obvious
and display the classic lying behaviors, such as avoiding eye contact, breaking out into a sweat,
and tripping over their words or rambling.
• § Narcissistic liars usually have a narcissistic personality disorder. These people usually
make up grand stories centered around themselves.
• § Habitual liars constantly lie, practically all the time. For them, lying has become a regular
habit, and they see no harm in doing so
1. OCCASIONAL LIARS There are a lot of occasional liars out there. These people are not the
kind of liars who lie without skipping a beat. When an occasional liar tells an untruth, they
usually feel very guilty about having been dishonest. In most cases, they will be so ashamed
and consumed with guilt that they will come forward and apologize.
1. PANIC LIAR
• It is one who lies in order to avoid the consequences of a confession
• He/She is afraid of embarrassment to love ones and it is a serious blow to his /her ego
• He/She believes that confession will just male the matter worst.
1. OCCUPATIONAL LIAR
• Is someone lied for spare years.
• This person is a practical liar and lies when it has a higher pay off" than telling the truth.
1. TOURNAMENT LIAR
• Loves to lie and is excited by the challenge of not being detected.
• This person views an interview as another contest and wants to win.
• This person realizes that he or she will probably be convicted bur will not give anyone the
satisfaction of hearing him or her confesses.
• He wants that people will believe that the law is punishing an innocent person.
1. PSYCHOPATHIC LIAR
• The most difficult type.
• This person has no conscience.
• He shows no regret for dishonestly and no manifestation of guilt.
1. ETHNOLOGICAL LIAR
• Is one who is taught not to be a squealer. *Squealer - to cry or to shrill voice
• Used by underworld gang in order for their member not to reveal any secret of their
organization.
1. PATHOLOGICAL LIAR
• A person who cannot distinguish right from wrong (his mind is sick.)
• These people are excellent liars because they lie constantly and make up stories so
unnecessarily and often that it becomes extremely difficult to distinguish the truth from false
statements
• Know how to play the eye contact game - when lying, instead of looking away, they fix their
gaze upon you. These types of liars use their pathological lying trait as a defense mechanism
10. BLACKLIAR
• A person who always pretends.
•(What he thinks of himself, what kind of person he is, and what he is.)
Different methods of detecting deception and their legal statuses and implications
1. HYPNOTISM by Franz Anton Mesmer
also referred to as hypnotherapy or hypnotic suggestion, is a trance-like state in which you have
heightened focus and concentration. Hypnosis is usually done with the help of a therapist using
verbal repetition and mental images. When you're under hypnosis, you usually feel calm and
relaxed, and are more open to suggestions
1.5. INTOXICATION
• It was practiced by means of drinking alcoholic beverages.
•The subject for interrogation will be allowed to take alcoholic beverages up to the point of
intoxication.
• Interrogation is to be made during the excitatory effect of alcohol.
• The apparent stimulation effect of alconol is really the result of the control mechanism of the
brain so alcohol, like truth serum and narco-analysis drugs "inhibit the inhibitor.
Non-Accusatory Interviews
Most interviews conducted by investigators will be non-accusatory in nature. The investigator
uses these interviews to establish as much information as possible about the event under
investigation. Even when a suspect has been identified and an interrogation is planned the
investigator will interview the suspect prior to the interrogation. This pre-interview may occur on
the telephone, in person, immediately prior to the interrogation or as a witness interview early in
the investigation.
Witness Interviews
ü Interviews conducted with witnesses should be non-accusatorv. Investigators must make a
systematic effort (a canvass of the area of the incident) to in erview all witnesses so that a
thorough investigation is completed.
ü Some witnesses to a crime may eventually become suspects but they should not be treated
as such until the investigator feels that there is adequate evidence to infer this and is prepared
to proceed with an interrogation.
Ü During a witness interview the investigator should ask open ended questions allowing the
witness as much time to answer in as much detail as he or she wants.
ü If the witness answers are too short or lack description the investigator should ask follow up
questions to elicit further detail.
Ü The questions asked of witnesses will vary depending on the investigation. In general, the
witness should be asked to describe what they observed in as much detail as possible, what
involvement, if any, they had in the event; their knowledge of, or relationship with, any of the
participants, and personal information (name, age, phone number, address).
Here are sample investigation interview questions can help get witnesses to talk:
• What did vou witness?
• What was the date, time and duration of the incident or behavior you witnessed?
• Where did it happen?
• Who was involved?
• What did each person do and speak?
. Did anvone else see it happen? Who?
• What did you do after witnessing the incident or behavior?
• Did you say anything to the parties involved in response to what you witnessed?
• How did the complainant and the subject of the allegation react to your response?
Victim Interviews
ü When interviewing a victim, the investigator must keep in mind that the person they are
speaking with has just been through a bad experience
§ The victim's health and personal safety must be the investigator's primary concern. This may
cause the interview with the victim to be postponed. The victim may be angry, afraid or even
traumatized. These intense emotions may be projected onto the investigator.
Ü The investigator will have to use all of his or her communication skills to obtain the valuable
information that the victim possesses.
§ The victim should be asked to provide a description of what happened to them in as much
detail as possible.
Ü The investigator should ask follow-up questions to clarify points in the victim's statement.
Ü The victim should be asked if they know the other person (s) involved in the incident and
what, if any, is their relationship to them
ü In cases involving property crime the investigator should establish, in detail, what was taken or
damaged.
Ü The investigator should obtain the victim's personal information (home, work, cell and email)
to facilitate follow-up conversations.
Ü Detectives provide the victim with the opportunity to make small choices, thus giving some
semblance of control.
Ü For example, the investigator asks the victim if she wants someone present with her during
the interview and allows her to select the interview location. The location should be private and
free from distractions
ü To begin the interview, investigators ask the victim an open-ended question like, "Tell me what
happened today."
ü The key is allowing the victim to tell the entire story without interruptions. In order to add detail
or clarify discrepancies, the detective may ask the victim more specific questions once she has
completed her narrative.
Investigators must ensure the victim provides these essential elements during the
interview:
The victim's behavior prior to the assault
•Where did the victim and suspect first come into contact?
• Was alcohol a factor?
• Was the rape facilitated by drugs?
• Was the victim alone or with friends who could be potential witnesses?
ü Before you sit across a table from either a convicted or suspected killer, you need to do your
homework. You have to stud the crime scene and autopsy photos of the victims and read the
police reports. And you have to complete the victimology-an analysis of the subject.
ü Being familiar with all this information will help convey to the offender the idea that you are
interested in him. And from that. he may also come to believe that you're showing him respect
as an artist, an initial objective in establishing rapport.
ü Building Rapport is the Key As with any interview, developing rapport is the key An
investigator builds rapport by understanding the killer's world. Conveying respect for a murderer
means setting aside your personal feelings about the nature of the crimes committed. You may
have to sit there joking around with someone who preys on little children or tortures his victims
in unspeakable ways.
ü But it's worth it if come you away from an interview with firsthand information about the killer's
values, beliefs, and thinking patterns, not to mention an ad mission of responsibility for the
crimes. And it moves things along more quickly. When the interviewer shows respect for the
killer, the subject spends less time evaluating the person who is trying to crawl inside his mind
• • In the pre-crime phase, it's helpful to reconstruct the scene prior to the murder. We asked
offenders to describe how their day went before they committed the crime and to describe their
thoughts and feelings before encountering the victim. This helps the interviewer determine what
moved the offender's murder from fantasy to action
- In the actual crime phase, this phase begins with the conscious reality of the selection of a
victim. We asked offenders the reason why they chose their victims. The reason behind the
killing.
• • In the disposal of the body phase, after a murder has been committed, a killer must decide
what to do with the body. So here we ask them where did they dispose the body if not yet known
or recovered.
• • In the post crime phase, at this time, the murderer's fantasy has become a reality, and the
murderer finally feels a sense of purpose. The authorities have begun looking for the murderer,
so the murderer's energies are now focused on avoiding detection. Make sure to be aware that
at this phase the offender will try to elude by not answering your questions truthfully. The key to
making a suspect feel comfortable is to begin with not offensive, non-threatening questions
designed to elicit simple, comfortable responses. The more the investigator can find in common
with the suspect the better. Again, become a kindred spirit.
Mr. Juan. not further identified. has called the police station and stated that he has information
concerning an armed robbery of a convenience store. When he observed the robbery in
progress, he was parked across the street using his cell phone. It is possible that he can provide
a great deal of information or only a few details. Mr. Juan has agreed to come to the police
station and relate the information he knows about the incident.
•What position was your vehicle facing when the robbery occurred?
• How did the suspect car look?
• What color was the suspects car?
• What model was the suspects' car?
•What year do you believe the suspects car was made in?
• Was it a newer model vehicle?
• Was the suspect with any accomplices?
•Did the suspect have any identifying characteristics that you noticed such as tattoos or
piercings?
•What color, height, and age do you believe the suspect was?
• Would you be able to identify the suspect in a lineup if we requested your assistance?
The most important thing to remember when conducting investigation interviews is that your
main objective is to simply find out the truth about what happened. There will be barriers,
detours and challenges along the way, but as long as you stay focused on that one goal, you'll
stay on track.
Lesson 11
INTRODUCTION:
In the criminal justice system, the main purpose of an investigation is to gather information
about what happened (if anything did indeed happen), as well as to find out who did what.
Particularly when investigating officers have little or no relevant information, the interviewing of
suspects, witnesses, and victims becomes a key element in the process of an investigation The
overall aim of an interview with a victim, witness or suspect is to obtain accurate and reliable
accounts about matters under investigation, which can stand the test of trial.
The initial phase or the first 72 hours ("Golden Hour") of a murder or kidnapping/abduction
investigation (crimes of violence investigation) is crucial. For the PP field
investigator/investigator-on-case/investigative units, this field manual provides a guide and
checklist of the questions that must be answered in the conduct of the inquiries/investigation.
This includes a guide on investigative interviewing and profiling.
LEARNING OBJECTIVES:
At the end of this Module, you should be able to:
•Explain what is Investigative Interviewing and Profiling.
• Explain the benefits of applying an investigative interviewing technique
• Identify what the abbreviation PEACE Method stands for
•Explain how profiling is used in the process of a criminal investigation.
• Know the Checklist for Interviewing and Profiling
LESSON PROPER:
INVESTIGATIVE INTERVIEWING
is a non-coercive method for questioning victims/complainants, witnesses and persons of
interest (POI) /respondents as part of the investigative process.
• Investigative interviewing reduces the risk of human error and false confessions, which can
occur with techniques designed to make the suspect confess and confirm what the interviewer
thinks they already know to be the truth.
The PEACE model of interviewing was developed in the U.K. in the early 90's after several
studies (and some failed court cases) found that Police generally were poor interviewers and
had no formal training. It is now a widely accepted method of interviewing and used across the
globe.
The PEACE model of interviewing is both easy to understand and apply and can assist an
investigator perform more competently in the area of interviewing. However, it is a model and
can be adapted to an investigator's own style.
STEP ONE: Planning and preparation is one of the most important steps in investigative
interviewing; without it, interviews may fail before they even begin. Planning is a process of
getting ready to interview, both mentally and strategically.
Preparation also covers what needs to be ready prior to the interview such as the location of the
interview, the environment, as well as technical and administrative matters.
STEP TWO: Engage: Introduction and building rapport the first step to encouraging a
conversation is to engage the interviewee and establish rapport. To engage and explain is
described as the most influential factor in ensuring productive interviews.
STEP THREE: First free Account having established rapport and explained the ground rules
for the interview, interviewers should now allow the interviewee to present their uninterrupted
(free) account of the case (or event) under investigation. It is essential that the interviewee is
provided with the opportunity to present "their side of the story" before more detailed questions
are asked.
Particularly helpful at this stage is the Tell, Explain, Describe, Show Me - Precisely, In detail,
Exactly: approach to interviews. A useful memory aid for this approach is the mnemonic "TED'S
PIE":
Listening skills are probably the most underrated and important skills a good interviewer can
have
Professor Ray Bull, Keynote address at the International Congress of Psychology, Yokohama,
Japan, July, 2016.
STEP FOUR: Clarification and disclosure having actively listened to the first, free account, it is
time for the interviewer to expand and clarify all of the relevant matters in the case; one issue at
a time. The interviewer should introduce the relevant topics with TED'S PIE type questions, and
when more details are needed about a certain topic, interviewers should encourage the
interviewee to provide more information through open-ended, probing questions - What?, Why?,
When?, How?, Where?, Who? Interviewers may vary their approach depending on the topic that
needs to be explored.
Officer: "you told me that there were several people - eye witnesses - to the event. Please
explain precisely where these people were standing at the time."
Officer: "you told me that a woman tried to stop the man who attacked you. Please describe this
woman in detail."
STEP FIVE: Closure of the interview evaluations of police interviews show that officers tend to
rush the closing of the interview, yet the closure is important and needs to be methodically
conducted. Ensure there is a mutual understanding of the interviewee's account by reviewing
and summarizing it verify that all aspects have been sufficiently covered by checking that
interviewees have given all the information they are able and willing to provide secure the
integrity and dignity of the interview, the legitimacy of any subsequent criminal proceedings, and
keep channels open for future communication
STEP SIX: Evaluation investigative interviewing recognizes the fact that interviewing is a
practical exercise, requiring a variety of skills, first and foremost, communication skills. An
essential part of skills training is evaluation and feedback.
# ACTIVITY Yes No
1 Victims/Witnesses
- The interviewer must give the interviewees
enough time and space to provide their
version of the events
2 Suspect
- Information disclosed by the suspects is a key
stage of the investigation process, and provides
essential information for the development of the
case.
CRIMINAL PROFILING
an investigative technique to identify the major personality and behavioral characteristics of an
offender based upon an analysis of the crime (s) an individual has committed (Douglas &
Burgess, 1986, p. 9)
It is more commonly used in cases of serial homicide and rape (or other violent crimes) where
the offender is unknown-it helps narrow down a list of suspects and/or providing new lines of
inquiry
GOALS
1. To provide the criminal justice system with a social and psychological assessment of an
offender. It contains basic information about an offender's core psychological and sociological
personality variables, and it also focuses the investigation
1. To provide the criminal justice system with a psychological evaluation of belongings found in
the possession of the offender. In other words, the psychological profile may suggest items the
offenders may have in their possession, including souvenirs, photographs, and pornography.
4.2 Checklists in the Conduct of Profiling. The facts obtained from the relatives, friends,
acquaintances and other persor within the premises/vicinity of the victim and suspects before,
during and after the death or disappearance are very vital in establishing patterns and modus
operandi
The checklists are only meant as a guide and not as a subsuitute for critical thinking. In some
cases, certain items can probably be left out, while others must be added.
LESSON 12
INTRODUCTION:
Role-playing exercises for the class to observe. An opportunity for the students to apply the
learnings in the conduct of a successful interview and ensure that the objective will be met
which is to obtain accurate and reliable accounts about matters under investigation.
LEARNING OBJECTIVES:
At the end of this Module, you should be able to.
•Application of the techniques for successful interviews
• Recognizing the PEACE Model in conducting interviews
LESSON PROPER:
(table sa taas)
Instructions: The purpose of this scenario is to let vou select one of two lines of inquiry in
interviewing a witness. You can conduct the interview in several ways. From the following
scenarios you must select what you believe to be the correct questions you should ask, which
will elicit a response from the witness
Scenario: You are an investigator who arrived at 7/11 Manila Branch reported to have a robbery
hold-up incident. There are two male individuals at the store, one who identifies himself as the
owner and the other as the customer.
1. Will you interview the two witnesses together or separately? Select a response.
Incorrect. If you interview the witnesses together you will be unable to compare responses.
Also, one witness may dominate or influence the other. Please try again
1. I will interview them separately, beginning with the owner and then customer.
Correct! The best approach is to interview the witnesses separately in order to compare
responses and not have one witness dominate or influence the other person.
Scenario: You are still at 7/11 Store Manila. After introducing ourself as the Investigator to the
owner.
1. You must select what you believe to be the correct questions you should ask
1. Where would you like to be interviewed? We can conduct it here or at our office.
Correct. When interviewing a victim, the investigator must keep in mind that the person they are
speaking with has just been through a bad experience and their safety should be prioritized
Incorrect! The best approach is to interview the witnesses separately in order to compare
responses and not have one witness dominate or influence the other person.
Scenario: The witness (owner) chose to be interviewed at the back office of their store.
1. You must select what you believe to be the correct questions you should ask.
1. Please sit down. My name is Corporal Dalisay. I am recording this interview using my mobile
phone and would appreciate your assistance. Can you tell me your name and what happened?
Response to Q1a: My name is Juan Dela Cruz. I am the owner and acting as the cashier at
that time around 8:30 PM, attending to a customer. A guy hastily entered the store with a gun
pointing at us telling us to go down. He was wearing a black cap, black jacket and jeans, about
25-30 years old with black hair and his complexion is white.
Correct! The most appropriate query is ©1A. The investigator should introduce himself/herself
and ask an open-ended question, letting the witness explain what happened.
1. My name is Corporal Dalisay. I am recording this interview. You are not a suspect and i must
advise you of your rights. You have the right to remain silent. You have the right to have a
lawyer present. Anything you say may be used later in court.
Do you understand?
Response to Q1b: My name is Juan Dela Cruz, but Im not saving anything else untill have a
lawyer with me.
Incorrect. The witness is not a suspect and a Miranda warning is unnecessary and is likely to
end the interview on the spot.
Scenario: Keeping in mind that you are still at the back office interviewing the owner.
1. From the following scenarios you must select what you believe to be the correct questions
you should ask, which will elicit a response from the witness
1. What is the reason you are the one manning your store again at that time?
Response to Q2a: My cashier is on her day off and I was not able to find temporary personnel
so I decided to be the cashier. love my store it is my bread and butter so I don't really mind
Incorrect. At this point this information is immaterial, and you want to focus on the robbery and
the perpetrator. If it becomes relevant later the detective can always go back on a follow-up
interview.
Response to q2a: Yeah. He was abobt 56" and about 75 kg, My height and weight. He was
wearing a baseball cap, a black jacket with some kind of logo on the front, blue jeans, and a
tattoo on his left wrist.
Correct. The first goal should be to get as complete a description of the perpetrator as possible.
This will aid in transmitting information to the patrol force, and later as the investigation
proceeds.
Scenario: Keeping in mind that you are still at the back office interviewing the owner.
1. From the following scenarios you must select what you believe to be the correct questions
you should ask, which will elicit a response from the witness
Response to q3a: I don't know a lot about firearms. My dad always had numerous firearms,
primarily rifles. He didn't have a rifle, but he also didn't have a little gun. Actually, I have a child
and i have a mild fear of weapons due to school shootings.
Incorrect. Here again, the investigator is focusing on a single detail and is likely to change the
flow of the interview because a weapon is also likely to unnerve the witness at this point, Try
again.
Response to Q3a: I stood back and followed the demands of the man since he is pointing a
gun at us, I opened the cash register and gave them to the man. He also took the mobile phone
of the customer placed on top of the counter and his keys.
The man immediately went out the store.
Correct. The best approach in the interview is to let the witness free associate in order to get as
many facts as the person remembers. Once this is accomplished the questioning should focus
on getting details.
Scenario: Keeping in mind that you are still at the back office interviewing the owner.
1. You must select what you believe to be the correct questions you should ask, which will elicit
a response from the witness
1. Will you excuse me a minute. need to call this in. Can I get you a Coke or something?
Response to q4a: Yeah, but I need to get home. My wife will be looking for me. Frankly, I'd
rather have a beer than a Coke.
Incorrect! Unless it's extremely important or part of a strategy with an uncooperative witness, an
interview should not be broken up unless the witness needs to go the restroom.
1. You're being very helpful, and I appreciate the time you're taking is there anything else you
would like to add to your statement? Robberies are difficult to solve without a lot of information,
and vou have really been helpful. Can I get your address and telephone number for my report,
and contact you if we come up with anything. And I'll give you my info also.
Can I get you something to drink? A Coke? There's a cooler in the front.
Correct. As part of the Closure, ensure there is a mutual understanding of the interviewee's
account by reviewing and summarizing it verify that all aspects have been sufficiently covered.
It's also an opportunity to gather personal information.
Thank the witness.