Special Crime M2

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 15

A Strong Partner for Sustainable Development

Module
In

SPECIAL CRIME INVESTIGATION 2


WITH SIMULATION ON
INTERROGATION
AND INTERVIEW

1
College of Criminal Justice Education
Bachelor of Science in Criminology
Module No. 2

INVESTIGATION OF HOMECIDE

1st Semester 2020-2021

JOSUE F. ABALING, RC
Instructor III

2 WPU-QSF-ACAD-82A Rev. 00
(09.15.20)
INSTRUCTION TO THE USER

This module would provide you an educational experience while


independently accomplishing the task at your own pace or time. It aims as
well to ensure that learning is unhampered by health and other challenges. It
covers the topic about_____________________________.

Reminders in using this module:

1. Keep this material neat and intact.


2. Answer the pretest first to measure what you know and what to be
learned about the topic discussed in this module.
3. Accomplish the activities and exercises as aids and reinforcement for
better understanding of the lessons.
4. Answer the post-test to evaluate your learning.
5. Do not take pictures in any parts of this module nor post it to social
media platforms.
6. Value this module for your own learning by heartily and honestly
answering and doing the exercises and activities. Time and effort were
spent in the preparation in order that learning will still continue
amidst this Covid-19 pandemic.
7. Observe health protocols: wear mask, sanitize and maintain physical
distancing.

Hi! I’m Blue Bee, your WPU Mascot.

Welcome to Western Philippines University!


Shape your dreams with quality learning
experience.

STAY SAFE AND HEALTHY!

3 WPU-QSF-ACAD-82A Rev. 00
(09.15.20)
Table of Contents
Page

Title Page 1
Table of Contents 3
Instruction to the user 4
Introduction 5
Overview 5
Learning Outcomes 5
Pre-test 5
Discussion 5
Activities/Exercises 13
Evaluation/Post Test 13
References 13

4 WPU-QSF-ACAD-82A Rev. 00
(09.15.20)
INTRODUCTION

Special crime investigation deals with the study of crimes based on the
application of special investigative technique. The study concentrates more on
physical evidence, its collection, handling, identification and preservation.

CHAPTER 1

INVESTIGATION OF HOMECIDE

OVERVIEW

Homicide in criminal law, is the killing of a human being by the act,


procurement, or negligence of another. Homicide is a generic term, comprehending
not only the crimes of murder but also the taking of human life under circumstances
justifying the act or in a sense excusing its commission.

LEARNING OUTCOMES

At the end of this chapter the student able to:

1. Identify the different kind of death


2. Determine the investigation process of death cases
PRE- TEST

This test will not affect your rating on this course, the objective of this is to measure
your prior knowledge regarding this topic.

Identification: please provide the answer on the space provided.

1. It is the substance which, when introduced into the body in small


quantities, causes a harmful or deadly effect.
2. It is a state of collapse due to deficiency of oxygen supply in the tissues
and particularly the brain.
3. It is a pattern of unburned powder granules and particles of molten metal
from the bullet is embedded on the skin.
4. It is a stiffening of the muscles of the body due to chemical changes within the
muscle tissue itself.
5. It is the purplish discoloration of the body that occurs on those parts
of the body which are the nearest the floor.
DISCUSSION

Any person who, not falling within the provision Article 246 (parricide), shall
kill another without the attendance of any of the circumstances of murder, shall be
deemed guilty of homicide and be punished by reclusion temporal. Most homicide
cases require an official inquiry into the actual cause of death. Hence, the real
beginning of any homicide investigation should be establish the cause of death

5 WPU-QSF-ACAD-82A Rev. 00
(09.15.20)
accurately. Here, a close coordination between the medico- legal officer and
investigating officer is imperative.

Murder- any person who, not falling within the provision of Article 246 shall kill
another, shall be guilty of murder and shall be punished by reclusion temporal in its
maximum period to death, if committed with any of the following attendant
circumstances:

 With treachery, taking advantage of superior strength, with the aid of armed
men, or employing means to weaken the defense or of means or persons to
insure or afford impunity.
 In consideration of price, reward, or promise.
 By means of inundation, fire, poison, explosion, shipwreck, stranding of a
vessel, derailment or assault upon a street car or locomotive, fall of an airship,
by means of motor vehicles, or with the use of any other means involving great
waste and ruin.
 On occasion of any of the calamities enumerated in the preceding paragraph,
or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or
other public calamity.
 With evident premeditation.
 With cruelty, by deliberately and inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his person or corpse.
In the course of conducting the investigation, the investigating officer faces
three major problems:

1. When the dead body is moved


2. When the body is embalmed
3. When the is buried or cremated
Before the body is moved, it is very important that photograph be taken,
measurements made, fingerprints searched for and a host of other task carried.
When the body is once moved, it can never be put back again and the investigation
repeated exactly.

Autopsy is a medical examination of a dead human body, including the


internal organs, to determine the cause of death or to study pathological changes. An
autopsy is performed by a doctor trained in pathology.

Investigative procedure

Upon arrival at the crime scene:

 Note time of arrival and weather condition.


 Identify self and hold everyone at scene for questioning.
 If the suspect is present, arrest immediately
 Prevent anyone from touching body or disturbing anything pending arrival of
laboratory technicians and the medico legal officer.
 Prevent unauthorized persons from entering the scene

6 WPU-QSF-ACAD-82A Rev. 00
(09.15.20)
 Take names and addresses of all persons present and endeavor to ascertain
name of suspect
 Keep room and immediate area clear of all but authorized persons who are on
official business
 Keep witnesses separated to prevent conversation.
 Examine the crime scene:

 Note the position of the body


 Examine the clothing and its positioned noted
 Photograph, sketch and note down traces on the body and on clothing.
 Take photographs to show body in original position with relation to
stationary objects, route of the culprit, and another important location.
 Make the diagram of scene. If something has been altered before
arrival, the original position of objects sketched photograph should be
established with the aid of witnesses.
 Wounds are examined by the medico- legal officer. All sides of the body
are examined, as is the ground under it.
 Examination of doors, windows, and furniture will disclose the
probable direction of entry and exit of the offender. Note position and
weather doors are open, closed, or have been moved from last known
position before the homicide.
 Look for bullet holes, empty shells, and bloodstains. Note and mark
location.
 Search for visible and latent fingerprints, latent and surface footprints,
traces of tools, cut telephone wire, traces of teeth, strands of hair, bits
of cloth, button, cigarette butts, etc.
 Determine if traces came from victim, perpetrator, or third party. It is
possible than false clues may have deliberately plated.
 Search terrain around premises or other area where victim was
discovered, noting vegetation, condition of soil, footprints, etc.
 Determine movements of victim and perpetrator
 Based on the position of the victim, traces of violence, position of
bloodstains and weapon, try to visualize what has taken place.
 Search for clues. Follow to the end. Investigate every theory.
 Preserve evidence
 Record findings
General consideration in investigating homicide cases

The Dying Declaration

It is the statement as to the cause of his death or her death, made by a person
who has been physically injured at the hands of another, and who has given up all
hope of recovery and who subsequently dies of such injury.

7 WPU-QSF-ACAD-82A Rev. 00
(09.15.20)
If the victim is able to speak, attempt to obtain a statement in the presence of
witnesses, and try to have the victim sign the statement. The victim should first
answer the following questions:

 What is your name?


 Where do you leave?
 Do you know believe that you are about to die?
 Have you know hope of recovery from the effects of the injury you have
received?
 Are you willing to make a true statement of how you received the injury
from which you are now suffering?
A dying declaration is considered competent evidence. It is admired in court
only when the person is no hope of recovery.

Estimating the time of Death

It is always important to know as nearly as possible the time when the victim
expired. However, it often happens than not the there are no witnesses available who
can testify as to the exact time that the death occurred. In the absence of witnesses,
this information must be obtained from an examination of the body itself. The sooner
after death the body is found, the more definitely can the actual time of death be
fixed. However, it is usually impossible for anyone to establish accurately the hour
and minute when life ceased.

Three observations that may indicate the immediate signs of death.

 Cessation of breathing- with victim lying on his back, clothing loosened over,
observe his chest closely on the upper part of the abdomen where the lowest
ribs meet the breast one.
 Cessation to pulse- to feel the pulse, place the tips of the finger on the under
surface of the radius of the bone. If no pulse can be felt and the person has
stopped breathing, it is very likely that death has occurred.
 Loss of muscle tone of the eyeballs and changes in the pupil- touching the
eyeball will cause movements of the eyeballs or eyelids unless the person is in
a very depth coma or dead.
There are several body changes that take place after death which may help the
investigator in determining the time of death:

 Loss of body heat- during life the body temperature is kept at approximately
98 degrees Fahrenheit.
 Postmortem Lividity- is a purplish discoloration of the body that occurs on
those parts of the body which are the nearest floor.

The observation of postmortem lividity is important for two reasons:


 It gives a general indication as to how long the body has been dead
 It sometimes is an indication of wether the body has been moved or
disturbed after.

8 WPU-QSF-ACAD-82A Rev. 00
(09.15.20)
Rigor mortis- it is the stiffening of the muscle of the body due to chemical changes
within muscle tissue itself.

 Develop first in the face and jaws and the onset- usually takes place in this
area from three to five hours after death.
 The rigidity gradually extends downward involving the neck, neck, chest and
arms, abdomen and finally legs and feet.
 For the entire body to be involved usually requires from about eight to twelve
hours after death.
 The body will remain rigid for a variable length of time but generally from
twelve to twenty-four hours.
 Rigor mortis then begins to leave the body and it disappears in the same order
that it made its onset.
 The face and neck will again become flaccid and then the other portions of the
body will become limp in the same order that the rigidity developed.
 The rigidity begins to disappear, will usually be entirely gone in from eight to
ten hours.
Cadaveric Spasm- under certain conditions a stiffening of the hands or arms may
take place immediately at the time of death which is known as a cadaveric spasm.

Stomach contents- examination of stomach contents is another procedure of great


importance in fixing the time of death. If the stomach contents are present, it is
possible for the possible medico-legal officer to tell with reasonable accuracy of what
the last meal consisted. The stomach will usually be empty in from four to six hours
after a meal has been eaten. If the small intestine is also empty, death probably took
place twelve or more hours after food was last eaten.

Insects-

 Blow fly large family of flies known for the habit of the larvae infesting animal
arcasses.
 Cheese skipper shiny black fly found throughout the world. It is best known
for its problematic larvae that live in human foods such as dried or processed
meat, fish and cheese.
Associated events- equally important to that informed derived from the body itself.

 The fall of rain


 Whether or not electric lights are burning
 Whether or not milk or newspaper has been removed from doorstep
 Whether meals have been prepared and eaten
 Dishes washed
 Pets cared
 Condition of stove or furnace
 In open field, condition of vegetation underneath the body

9 WPU-QSF-ACAD-82A Rev. 00
(09.15.20)
Death due to gunshot wounds

For the investigator to intelligently investigate death due to gunshot wounds, he


must have a working knowledge of guns, ammunition, and the fundamental
principles of firearms identification.

If death seems likely to be due to gunshot wounds, the investigator should try to
determine the ff.

 Was death due to a gunshot wound or an injury due to other instruments?


 If from a gunshot wound, from what distance was the firearm discharged
 From what direction were the shots fired
 What was the position of the body when hit
 Was it an accident, suicide or murder
Wound of entry are typical neat round holes with an even gray ring around them and
from which emerges comparatively small quantities of blood.

Wounds of exit are much larger than the bullet, are ragged, torn, and generally the
escape of blood is much greater than in wounds of entry.

Contact wound is a dirty looking wound, considerably larger than the diameter of the
bullet and skin edges are ragged and torn. There is charring of the tissues due to the
tremendous heat from the muzzle blast.

Smudging will show deposit of smoke and soot from the burned powder, producing a
dirty, grimy appearance. The size of the smudge pattern depends upon the caliber of
the gun, the type of powder used, and the distance of the muzzle to the body.

Tattooing a pattern unburned powder granules and particles of molten metal from
the bullet is embedded into the skin. As in smudging, the size of the pattern depends
upon the caliber, powder charge and distance of the muzzle to the body.

Death Due to Cut and Stab Wounds

Several questions immediately present to the investigator in homicide cases where


death has apparently been due to stabbing or cutting wounds. Some questions can be
answered by him and others by the medico-legal officer.

 Were the wounds made by a knife or some other force?


 Where and in what manner were the knife wounds administered?
 Was the victim attacked from the front or rear?
 Did the victim put any defense?
 How long did he live after receiving the wounds?
 What sort of a knife or cutting edge that inflicted the wounds? The type of
wounds made by knife-thrust will depend upon three general factors:
1. Characteristics of the knife: its shape, sharpness of points, keenness
of the edge, whether single or double edged.
2. Manner in which it is trust into the body.

10 WPU-QSF-ACAD-82A Rev. 00
(09.15.20)
3. Location of wound in the body.
A knife is seldom thrust directly at a right angle into the body and pulled straight out
again, so practically every stab wound is a combination of stabbing and cutting.
Consequently, at the point of entry the wound will usually be larger than the width of
the knife.

The most common method suicide is cutting the throat with a knife, razor or any
other sharp edge instrument. Depending on which hand is used, the incision usually
starts below the ear and goes under chin to the other side. Sometimes the wound at
the point of origin may show one or more superficial cuts. These are called as
hesitation marks and are simply an indication that the victim first tried out the edge
of the sharp instrument on his skin before he got up his nerve to make the fatal cut.

Death due to asphyxia

Asphyxia is a state of collapse due to a deficiency of oxygen supply in the tissues and
particularly the brain. Anything that prevents the red blood cell from taking on its
supply of oxygen to carry the tissues of the living body will bring about the state of
asphyxia.

The interruption in the transportation of oxygen from the air in the lungs to the
tissues may be caused in many ways, such as:

 Foreign body lodged in the windpipe. This situation is commonly accidental.


However, compression of the windpipe by strangulation or hanging may be
due to suicide or homicide.
 Disease. Tumors or thyroid gland of sufficient size to block the passage of air
to the lungs.
 Smothering occurs when something prevents air from entering the nose or
mouth.
 Hanging. Death by handing is usually suicidal, but it sometimes accidental. A
person may be killed in some manner and the body then hanged to make it
appear like a suicide.
 Strangulation. When the person has been strangled by means of a rope, wire,
necktie or similar objects, the mechanism of death is the same as hanging.
 Chemicals. Some of the common chemicals which are extremely irritating to
the nose, throat and air passages are ammonia, chloroform and sulphur
dioxide.
Death due to drowning

The mechanism of death due to drowning is from asphyxia. There are certain
characteristics in drowning death which merit special consideration for the
investigator.

Deaths due to drowning are usually accidental brought about when the person is
suffering from severe fright and struggles violently. During the struggle, certain

11 WPU-QSF-ACAD-82A Rev. 00
(09.15.20)
amount of water is drawn into the throat and windpipe and even into the lungs which
stimulates chocking.

The external characteristics indicative of drowning are:

 White foam extruding from the nose and mouth


 Objects clutched in the hand like grass, mud, etc.
 Fingernail marks in the palm of the hands
 Pale appearance of the body
 Postmortem lividity is most marked in the head and neck
 The mouth is usually open.
Deaths due to burning

When the remains of a body are found at the scene of a fire, the investigator is
faced with several question. The answers to be question will require a close
coordination with the medico-legal officer.

 Are the remain of human or of animal origin?


 Was the victim male or female?
 What was the height and approximate age of the victim?
 Who was the deceased?
 Was the victim alive or dead at e time the fire started?
 Did an assault precede the burning?
Generally, there will be enough left of the bones of the head and teeth to identify the
body as that of a human being. The medico- legal officer or a pathological can readily
distinguish bones of human origin from the bones of other animals.

When the body is completely destroyed to prevent an accurate measurement of the


height of the victim, a fair approximation can be detained by the measurement of the
thigh and arm bones. Likewise, it is possible to get an age approximately from
examination of the teeth and bones.

To determine whether an assault preceded the burning, an examination of some


portions of the body may give the answers:

 If certain areas of the body is subjected to intense heat, with little or no actual
contact with the flame, the skin may be split similar to that of a knife wound,
but no sign of bleeding which indicates that death has already taken place.
 If there was a previews blow on the head, the skull will show fracture broken
inwards, indicating a direct blow on the outer surface of the skull.
 If the victim was stabbed or shot, a careful examination of the inside cavities
of the chest and abdomen will show evidence of knife or bullet wounds.
 If the body has not been actually consumed by fire, there may be blisters on
the skin which may help to determine whether they were made before or after
death took place. A zone of redness around the margin of blister with a light
straw-colored serum content will indicate the victim was alive at the time the
blister was formed.

12 WPU-QSF-ACAD-82A Rev. 00
(09.15.20)
 If the victim suffered direct violence to the soft of his body while still alive,
examination of the lung tissues will show fat globules.
Death due to poisoning

Poison is a substance which, when introduced into the body in small quantities,
cause a harmful or deadly effect.

Poisoning is one of the most ancient forms of murder. In cases of poisoning it is very
important to have an accurate history of the events preceding death.

Parricide- any person who shall kill his father, mother, or child, whether legitimate
or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty
of parricide and shall be punished by the penalty of reclusion Perpetua to death.

ACTIVITIES

Read the handout on special crime investigation

Watch any CSI movie regarding homicide cases

POST TEST/ EVALUATION

Each discussion will be given 10 points each.

1. Discuss the six circumstances of murder, with example in 500 words.

2. Discuss and differentiate the parricide, murder and homicide. 500 words

References

Montojo, F. G (2007) Special crime investigation: lesson for criminology


students. National book store.

R.A 8353 (Anti- Rape law of 1997)

Lesson for criminology students. http//futurerc.blogspot.com

13 WPU-QSF-ACAD-82A Rev. 00
(09.15.20)
Congratulations for completing this module!

Student’s Information

Name:
Program:
Year and Section:
Contact No.:
E-mail address:
Facebook Account:
Messenger Account:

14 WPU-QSF-ACAD-82A Rev. 00
(09.15.20)
Vision 2020
WPU: the leading knowledge center for sustainable
development of West Philippines and beyond.

Mission
WPU commits to develop quality human resource and green
technologies for a dynamic economy and sustainable
development through relevant instruction,
research and extension services.

Core Values (3CT)


Culture of Excellence
Commitment
Creativity
Teamwork

15 WPU-QSF-ACAD-82A Rev. 00
(09.15.20)

You might also like