MODULE FUNDAMENTALS OF CRIMINAL INVESTIGATION

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HISTORY OF CRIMINAL
CHAPTER 1 INVESTIGATION

Objectives:
a) Develop understanding of the history of Criminal
Investigation.

Over the years, it has become increasingly evident that the crime problem is
exceeding the capabilities of the criminal justice system to control or even contain it. In
early groups known as tribes and clans, methods existed for detecting and resolving
undesirable acts. The methods used although primitive beyond as compared today were
based on assigning responsibility to a given individual or family. If a member of a
particular tribal family violated the moral code of a tribe, the other family members were
held responsible of the offending member.
The following are some notable accounts relative to investigation:
2100 B.C Babylon
At about 1750 BC, Hammurabi, King of Babylon,
created one of the first bodies of written law – the Code of
Hammurabi. The code was then implemented to detect
those who refused to obey the law. It imposes the Lex
Taliones (Law of Retribution) principle where the
punishment of an offender was equal to what he did. The
principle also refers to the concept known as, “An eye for
an eye and a tooth for a tooth.”
5th Century B.C (Rome)
This century marked Rome for the creation of the first specialized investigative
unit which was named as Questors or Trackers or Murderers.
5th Century B.C (Athens)

This era adopted an unpaid magistrate (judge) to make decisions to the cases
presented to them. This magistrate was appointed by the citizens.

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Reign of Alfred the Great

In the later part of 9th century, Alfred the Great established Alfred The Great
a system of “mutual pledge” (Social Control), which was organized
for the security of the country into several levels such as the
following:
1. Ten tithing. This was done by grouping a hundred of
persons into one under the charge of a High Constable. Hue
and cry were employed. The constable who was considered
the first form of English Police dealt with more serious
breaches of the law.
2. Tithing. This was performed by grouping ten persons to protect one another and
to assume responsibility for the acts of the group’s members. The one who heads
the group was called Chief.
Note: William Norman divided England into shires (districts) and was
headed by a reeve (ruler).

The Time of Christ (Rome)

The Roman Emperor Augustus picked out special, highly qualified members of
the military to form the Praetorian Guard, the Praefectus Urbi and the Vigiles of Rome.
Their functions are as follows.
1. Praetorian Guard. This guard was considered to be the first
police officer in Rome, with the job of protecting the palace of
Rome and the emperor.
2. Praefectus Urbi. The function of the Praefectus Urbi was to
protect the city, exercising both executive and judicial power.
3. Vigiles of Rome. The Vigiles began as the fire fighters, Praetorian
granted with low enforcement responsibilities and patrolled Guard
Rome’s streets day and night. They were considered as a civil
police force designed to protect citizens. They were considered quite brutal and it
is where the word “Vigilante” came from.

1285 A.D., The Statute of Winchester (England)

The Statute of Winchester was enacted to establish a rudimentary criminal
justice system in which most of the responsibility for law enforcement remained with
the people themselves. This statute was promulgated by Winchester. The statute
established the following:

1. The Watch and Ward Act;

2. Hue and Cry System;
3. Parish Constables became primary urban law enforcement agent in England; and
4. All males kept weapons in their home for maintaining public peace.

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1720’s Jonathan Wild (England)

He was a buckle maker and a brothel operator and a master criminal who became
the London’s most effective criminal investigator. He was the most famous thief catcher
in 1720s. he conceived the idea of charging a fee for locating and returning stolen
property to their rightful owners (Manwong, 2004)
1749 Henry Fielding
He founded the Bow Street Runners. This was called London’s
first professional police force (originally numbered just eight) and was
considered as the foundation of all modern police forces.
In 1751, Henry published a pamphlet entitled “An Inquiry into
the Causes of the Late Increase of Robbers, which called for many
sweeping changes in the laws and execution of their laws (Eduardo, Henry Fielding
2008, Notes in Law Enforcement Administration).
1753 John Fielding
As a younger half-brother of Henry Fielding, he was appointed
as Henry’s personal assistant in 1750. He also helped Henry to root out
corruption and improve the competence of those engaged in
administering justice in London. He also introduced the practice of
developing informants, printing wanted notices, employing criminal
raids, and bearing firearms and handcuffs. The blind John was known
as the “Blind Beak” and allegedly abled to recognized 3,000 criminals Sir John Fielding
by sounds of their voices (Eduardo, 2008, Notes in Law Enforcement
Administration).
1800 Patrick Colquhoun
Patrick Colquhoun published a book known as, “The Commerce
and Policing of the River Thames”. He was also credited for his own
innovation for the critical development and three decades later, led to
Robert Peel’s “new police”. Colquhoun together with Master Mariner
John Harriott developed the Marine Police Force or sometimes known
as the Thames River Police. It was said to be England’s first Police Force.
The police force was designed to tackle theft and looting from ships
anchored in the Pool of London and the lower reaches of the river. The Patrick Colquhoun
force is known as the Marine Support Unit. Colquhoun also had the
idea of a publicly funded police force. His main contribution was the introduction of
crime prevention, or preventive policing - the fundamental principle to the English police
system (Eduardo, 2008, Notes in Law Enforcement Administration).

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1811 Eugene “Francois” Vidocq (France)

Eugene Vidocq established a squad of ex-convicts to aid the Paris police in
investigating crimes. He worked under the theory of “Set a thief to catch a thief.” He
introduced the concept of “Trade Protection Society” which became the forerunner of
our present day credit card system. For a fee, any owner of a shop or business
establishment could obtain particulars concerning the financial solvency of new
customers.
He was credited as the founder of La Surete, the France’s national detective
organization and was considered as the Father of Modern Criminology in the French
Police Department. He was also regarded as the first private detective (Eduardo, 2008,
Notes in Law Enforcement Administration p 5).
Dr. Edmond Locard
Edmond Locard published L’ Enquete Criminelle et les
Methodes Scientifique in 1920. He was also a pioneer on forensic
science and became known as the Sherlock Holmes of France. He
formulated the basic principle of forensic science: “Every contact
leaves a trace”. This became known as the “Locard’s Exchange Edmond Locard
Principle” (Eldridge, 2011).
1829 Sir Robert Peel (London)
British stateman Sir Robert Peel established the London Metropolitan Police
Force (LMPF), which became the world’s first organized police force. LMPF did not only
became a model for the American police system but also had greatly
influence on the style of policing in almost all industrial societies.
LMPF was guided by the concept of crime prevention
primary police objective, it also embodied the belief that such a
force depended on the consent and cooperation of the public, and
the idea that police constables were to be civil and courteous to the
people. The force became the model for other police forces in Great
Britain. Informal names are, “The Met” and “MPS”. In statutes it
Sir Robert Peel
is referred to in the lower case as the “Metropolitan Police Force”
or the “Metropolitan Police”, without the appendage “service”.
The MPS is also referred to as Scotland Yard after the location of its original
headquarters.
Police are often referred to as ‘Bobbies’ or ‘Peelers’ after Sir Robert (Bobby) Peel.
The primary role of the police in Britain was to keep the Queen’s Peace, which continues
to the present days. He also introduced the techniques in detecting crimes such as
detectives concealing themselves, and secretly photographing and recording
conversations. London Metropolitan Police employed the first undercover officer.

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1833, England
Scotland Yard employed the first undercover officer. In USA, the first daytime paid
police department was established in Philadelphia.
1835 Texas Rangers

Texas Ranger was organized as the first law enforcement agency with statewide
investigative authority. This is the forerunner of the Federal Bureau of Investigation
(FBI).
1839 William Henry Fox Talbot

William Henry Fox Talbot explained his photographic process to the Royal Society
of London. This year was known as the birth of photography.
1851 Boston, Massachusetts, USA
Multi-suspect identification line up was employed for the first time.
1852 Charles Dickens (U.S.A)
Charles Dickens was a great novelist in which through his story entitled Black
House, he introduced the term detective to the English language (Adams & Taylor,
1995).
1856 Kate Wayne (U.S.A)
Kate Wayne was the first woman detective in the history of criminal investigation.
She was hired by the Pinkerton Agency and contributed to solving big cases in the
United States of America.

1859 U.S.A
The Appellate Court of USA recognized/accepted photographs as evidence in
court proceedings upon its relevancy and after thorough verification.
1866 Thomas Byrnes (U.S.A)

Thomas Byrnes was a keen-minded individual who trained his

detectives in recognizing individual criminal techniques. He founded
the criminal “modus operandi”. This is a Latin phrase,
approximately translated as “Method of Operation”. The term is
used to describe someone’s habits of working particularly in the
context of business or criminal investigation. In English, it is often
shortened as M.O. (Memidex Website, 2013).
Thomas F. Byrnes

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1866 Jessie James Gang (U.S.A)

The gang made the first hold-up which marked the beginning of the gang’s 15
year old hold-up and robbery spree (12 bank hold-ups and 12 train stagecoach robberies
in 11 states). Clay Country Savings Association was their first victim and took
$60,000.00.
1877 Howard Vincent (England)
Howard Vincent headed the newly organized Criminal Investigation Department
in Scotland Yard.
1882 Alphonse Bertillon (France)

Alphonse Bertillon introduced the first systematic identification

system based on the Anthropological measurement (Anthropometry/
Bertllion system). He was considered the founder of Criminal
Investigation as well as the Father of Personal Identification (Tubid,
1996). The system recorded anthropometric measurements and
personal characteristics such as colors of eyes, scars, and deformities.
The following measurements were taken: Alphonse Bertillon

1. Body, height, reach from fingertips to fingertips, length of

trunk and head, or height sitting.
2. Head length and width, length and width of right ear.
3. Limbs length of left foot, length of left middle finger, length of left little finger,
length of left forearm. These measurements were recorded on cards and
classified according to the length of the head.

ANTHROPOMETHRIC DATA SHEET

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1892 Francis Galton (England)

Francis Galton is an English man who published his study on classifying
fingerprints and recognized the uniqueness of the fingerprints to be used as evidence
against a suspect.
1918 England

A new concept was introduced in the field of Criminal Investigation, known as

“Team Policing”. In this concept, there is no patrol division or criminal investigation
per se. in this system, a team of police officers is assigned to patrol and investigate all
criminal matters within their area of jurisdiction or district.
1953 Paul Leland Kirk

A chemist and forensic scientist, Paul Leland Kirk is most

known for his work on blood spatter evidence. He applied this
expertise in bloodstain pattern analysis to the Sam Sheppard
homicide case. He published “Crime Investigation” in 1953, one of the
first comprehensive criminalistics and crime investigation textbooks
that encompassed theory in addition to practice (Turvey, 2011).
Paul Kirk
1966 Miranda vs. Arizona (U.S.A)

The Supreme Court established procedural guidelines for taking criminal

confessions. The case is the origin of the present Miranda rights of every accused under
custodial investigation.
1977 USA

The FBI introduced the beginning of Automated Fingerprint Identification System

(AFIS) with the first computerized scans of fingerprints.
1986 England

Deoxyribonucleic Acid (DNA) typing was first used to solve a crime DNA is unique
to every individual and can be used for personal identification.
1987 USA
DNA Profiling was introduced for the first time in US criminal court. Based on
RLFP analysis performed by Life codes, Tommy Lee Andrews was convicted of a series
of sexual assaults in Orlando, Florida (Rankin, Forensic Science Central, 2005-2014).
New York vs. Castro
This was the first case in which the admissibility of DNA was seriously
challenged. It is set in motion a string of events that culminated in a call for certification,
accreditation, standardization and quality control guidelines for both DNA laboratories
and the general forensic community (PBS Website, 1995-2014).

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1999 USA
The FBI upgraded its computerize fingerprint database and implemented the
Integrated Automated Fingerprint Identification System (IAFIS), Allowing paperless
submission, storage, and search capabilities directly to the national database
maintained at the FBI (Atlanta Notaries Website, 2013)
1818-1884 Allan Pinkerton
Being engage in business as a barrel maker in 1846, Allan
Pinkerton captured a gang of counterfeiters and was consequently
elected as a County Sheriff.
In 1850 he organized the Pinkerton’s National Detective
Agency and was appointed as the first city detective in Chicago.
The recovery of a large sum of money stolen from the Adams
Express Company and the discovery of a plot the murder Abraham
Lincoln in 1861 made way to his reputation (Manwong, 2004). Allan Pinkerton

During the American Civil War, he organized the Secret Service of the US army.
During the railroad strikes of 1877, his agency provided strikebreakers. His books
include Strikers, Communists and Tramps (1878) and Thirty Years A Detective
(1884). Allan Pinkerton was considered as the America's foremost private detective. This
individual truly deserves the title of America's Founder of Criminal Investigation. Among
methods he pioneered where ‘shadowing’, the art of suspects surveillance, ‘roping’,
working in undercover capability with a motto “We Never Sleep”.
1847-1915 Dr. Hans Gross
Dr. Hans Gross was the earliest advocator of criminal
investigation as a science. Interested in investigation while serving
as an examining magistrate, he became a professor of Criminology
at the University of Vienna (Manwong,2004). He is also recognized
today as the Father of Criminalistics/Forensic Science.
Dr. Hans Gross

1859-1930 Sir Arthur Conan Doyle

Sir Arthur Conan Doyle is a British physician, Sir Arthur
novelist, and detective-story writer. Sir Arthur Doyle is best Conan Doyle
known as the creator of the character of master sleuth
Sherlock Holmes. The characterization of Holmes,
particularly his ability of ingenious deductive reasoning,
was based on one of Conan Doyle’s own university
professors (Vicente, 2014 Manual on Criminal Investigation).

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Dr. Alec John Jeffreys

He used DNA fingerprinting and profiling to identify Colin
Pitchfork as the murderer of two young girls in the English
midlands. Significantly, in the course of investigation, DNA was
first used to exonerate an innocent suspect (U.S. National Library Dr. Alec John
of Medicine Website, 2014). Jeffreys
Flaviano Guerrero

He is the only Filipino member of the United States Federal Bureau of

Investigation (NBI Website, 2014).
Take Note: The evolution of criminal investigation is closely similar with the historical
development of criminalistics.

1901
The Criminal Investigation Service (CIS) now known as CIDG, can trace its humble beginnings
out of an urgent need for a unit that would handle investigation of major crimes especially
against national security, and at the same time, free other Philippine Constabulary units from
this time-consuming and highly specialized of criminal investigation. Hence, this crime-fighting
unit came into being with the creation of Investigation Section (IS) pursuant to Section 2 of Act
No. 235 of the Philippine Commission enacted on October 3, 1901 (CIDG Manual, 2000, p 1).

1901-1919
During the American occupation, the criminal investigation service was primarily organized out
of the greatest necessity of the Philippine Constabulary in the investigation of crimes (CIDG
Manual, 2000, p. 1)

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1913
The genesis of criminal investigation in the Manila Police Department, presently known as the
Western Police District took place in 1913.

1920-1936
The CIS then known as the Information Service led to the successful investigation on the
Colurom rebellion, Sakdalista Movement and the Asedillo uprising. It also became successful
in suppressing and investigating crimes including those committed against the security of the
state (CIDG Manual, 2000, p. 1).

1936
The Division of Investigation (DI) was created by virtue of Commonwealth Act No. 181 during
the reign of President Manuel L. Quezon. The DI, with 45 initial members, was organized by
Thomas Dugan and Flaviano C. Guererro and this was patterned after the Federal Bureau of
Investigation (FBI) of United States of America (NBI Website, 2014).

1942-1945
During the Japanese occupation, the DI was affiliated with the Bureau of Internal Revenue
(BIR) and the Philippine Constabulary (PC) known as the Bureau of Investigation (BI), (NBI
Website, 2014).

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1946
The CIS was tapped to perform highly specialized task of investigation and intelligence work as
a criminal investigation branch of G2 (CIDG Manual, 2000, p. 1).

The Bureau of Investigation was reorganized by virtue of Republic Act No. 157 was later
amended by E.O No. 94 renaming the BI to what is known now as National Bureau of
Investigation (NBI Website, 2004).

1950
The CIS was commissioned to gather intelligence and assume as the role main investigating
outfit of the Philippine Constabulary in response to the resurgence of various criminal
syndicates, like the Black Shirt and the Kamlon gang coupled with the organization of various
anti-government movements, such as the Hukbalahap (CIDG Manual, 2000, p. 1).

1987
The mandate of the 1987 Constitution establishing the National Police Force that should be
national in scope and civilian in character under the Department of Interior and Local Government
(DILG) paved the way for the creation of Philippine National Police (PNP). Consequently, the CIS
is retained as one of the national support units of the PNP under the name of Criminal
Investigation Service Command (CISC), this distinguishes it from the operating unit of the
administrative support unit created pursuant R.A 6975 which assumed the name of the “Service”
while operating support units assumed the name of command (CIDG Manual, 2000, p. 1).

1991
Due to the media publicity of investigations of sensational cases committed by local executives
Organized Crime Groups (OCGs), the CISC as mandated by R.A 6975, acted as the primary
investigating arm of the PNP on major crimes, OCGs , and economic sabotage (CIDG Manual,
2000, p. 2).

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1994
On September 5, 1994, the Criminal Investigation Service Command was renamed as Criminal
Investigation and Detection Group (CIDG) following NAPOLCOM Resolution Nr. 92-37, with the
motto “We seek the truth”. From its humble inception up to the way, it metamorphosed to being
the premier arm of the PNP as the “Spirit and Soul of the Force”. (CIDG Manual, 2000, p. 2).

1996
A SOCO team was appropriately organized to meet the core mission of the Crime Laboratory
which is the National Operating Support Unit of the PNP by virtue of NAPOLCOM Resolution
Nr. 96-058 (Cacdac, et al, 2009).

LAWS RELATIVE TO CRIMINAL INVESTIGATION

1. 1935 Phil. Constitution, Art. 3, Sec. 17 (1)
“In all criminal proceedings, the accused shall…enjoy the right to be heard by
himself and counsel...”

2. 1973 Phil. Constitution, Art. 3, Sec. 20

“No person shall be compelled to be a witness against himself.” That, any
person under investigation for the commission of an offense shall have the
right to remain silent, to have a counsel, and to be informed of such right. No
force, intimidation, or any means which vitiate the free will, shall be used
against him. Any confession obtained in the violation of this section shall be
inadmissible as evidence.

3. 1987 Phil. Constitution, Art. 3, Sec. 12 (1)

“Any person under investigation of the commission of an offense shall have
the right to be informed and his right to remain silent and to have a competent
and independent counsel preferably of his choice. If the person cannot afford
the services of a counsel, he must be provided with one. These rights cannot
be waived EXCEPT in writing, signed and in the presence of a counsel.”

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Miranda vs. Arizona (1966)

It originated from the American
Jurisprudence. Mr. Ernesto Miranda, a Latino
who was accused of kidnapping and rape in the
State of Arizona. The Arizona Police interrogated
him exhaustedly leading to his confession. Based
on his confession, he was charged, tried, and
convicted. Appeal of his conviction was made
before the Arizona Supreme Court, but his
conviction was affirmed. The appeal was the Ernesto Miranda
elevated to the US Supreme Court where there
https://www.thehardylawfirm.com/blog/wp-
was a reversal of the decision and he was acquitted on content/uploads/2018/08/Miranda-1.png
the constitutional grounds.
It was in this case that the US Supreme Court laid down the constitutional rights
of the accused during the custodial interrogation. This constitutional right was also
incorporated in the 1973 Philippine Constitution and later in the 1987 Constitution of
the Philippines. This is known as the Miranda Rule, Doctrine, or Warning.

The Rights of a Person under Custodial Investigation are as follows:

1. Right to remain silent. Anything that he/she may say may be used against
him/her in any court of law.
2. Right to have a counsel preferably of his/her own choice and if he/she has
none, the government must provide one for him.
3. Right to be informed of the nature of the charges against him and whatever
he/she says may be used for or against him/her; and
4. Right to be informed of such rights under the constitution.
These rights could be validly waived in writing and with the assistance of a
counsel in order that the ensuing confession be admissible in evidence. The confession
must also be in writing, signed and sworn by the accused.

In Miranda vs. Arizona case, the court addressed the question of how to enforce
a suspect’s right to counsel and right against self-incrimination. The court concluded
that police officers must especially inform them that if they give up these rights their
statements can be used against them.

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Gideon vs. Wainwright (U.S., 1963)

The Supreme Court held that the Sixth Amendment, which guarantees criminal
defendants the right to counsel, requires state governments to provide attorneys for
indigent (poor) criminal defendants.
Escobedo vs. Illinois (U.S., 1964)

The court held that a suspect has a right to have an attorney present when being
interrogated in police custody as well as during trial.
Morales vs. Juan Ponce Enrile. 1983 (GR # 61016;SCRA 538)

The Supreme Court of the Philippines ruled this case and made clear remark that
Miranda Warning as it is generally called have to be made so that a confession can be
admitted.
4. 1987 Phil. Constitution (Sec. 6, Art. 16)
The state establishes and maintains one police force, which shall be
national in scope and civilian in character, to be administered and controlled
by the National Police Commission. “The authority of the local executives over
the police shall be provided by law.”
5. Republic Act No. 7438
An act defining certain rights of person arrested, detained and/or under
custodial investigation as well as the duties of the arresting, detaining, and
investigating officers and providing penalties for violation thereof (see
Appendix B).

LINKS

TOPIC LINK FOR VIDEO

A Brief History of Criminal

https://www.youtube.com/watch?v=HDPt_IFsCcc&t=52s
Investigation

What Are Miranda Rights?

https://www.youtube.com/watch?v=ICifhjRnDvg
Miranda Rights Explained

References:
Vicente, J., Eduardo, J., Catalino, M., Estoque, S., & Vicente, R. (2016)
Fundamentals in Criminal Investigation. Philippines, Wiseman’s Books Trading, Inc.

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