PHASES OF CRIMINAL INVESTIGATION

The main objective of police investigator is to gather all facts in order to identify
the criminal through:
a. Confession is a direct acknowledgement of the truth of the guilty fact as
charged or of some essential part of the commission of the criminal act itself.
What do you understand by the voluntariness of the confession?
1. The statement obtained by urging or request was a spontaneous or self-
induced utterance of the accused.
2. The statement was obtained without coercion and free from any force.
3. The statement was obtained during an official investigation after the accuse
was informed of the nature of the offense, of the fact that he need not make a
statement, and of the fact the evidence can be used against him in a trial.
Effect of CONFESSION
a. May be given in evidence against him in the investigation or trial of the offense
with which he is charge.
b. May be given to prove the guilt of his companions but it will pass lots of court
argumentation and deliberations.
TYPES OF CONFESSION
1.Judicial confession - confession done in the court.
2.Non- judicial confession or extra- judicial confession - called “out of court’, this
kind of confession is inadmissible in court unless corroborated by proof of corpus
delicti.
b. Eyewitness testimony
c. Circumstantial evidence is identification established indirectly by proving other
facts or circumstances from which, either alone or in connection with other facts,
the identity of the perpetrator that can be inferred. When may circumstantial
evidence be sufficient to produce conviction.
a. When there are more than one circumstances
b. When the facts from which the inferences derived are proven
c. When the combination of all circumstances is such as to produce a conviction
beyond a reasonable doubt.
d. Associative evidence -are the physical evidence which may identify the criminal
by means of clues, personal properties, or the characteristics patterns of
procedure deduced from the arrangement of objects at the scene.
Terms Encountered in Investigation:
Chain of Custody - Refers to the number of persons who handle evidence
between the time of commission of the alleged offense and the ultimate
disposition of the case should be kept to a minimum. Each transfer of evidence
should be receipted. The recipient of the evidence shall accountable for it during
the time it is in his possession. He must protect it and he must record the name of
the person from whom he received it and also to whom it was delivered.
Admission is a self-incriminatory statement by the subject falling short of an
acknowledgement of guilt. It is a acknowledgement of a fact or circumstances
from which guilt maybe inferred.
It implicates but does not incriminate. Coupled with circumstances such as the
existence of a motive, the admission may provide an inference of guilt.
MODUS OPERANDI
Means the method of operation. The modus operandi file enables the
investigators to recognize a pattern of criminal behavior, to associate a group of
crime with a single perpetrator to enable them to predict, approximately,
thenext target of the criminal, and to assist complaints, eyewitnesses and
investigators to recognize the perpetrator by means of the recorded information
concerning the characteristics of his criminal activities.
Distinguish Motive from Intent
Motive is that which induces the criminal to act.
The motive may be the desire to obtain revenge or personal gain. Intent on the
other hand, is the accomplishment of the act. Motive need not be shown in order
to obtain conviction, but intent must always be proved where it is an element of
the offence. In some crimes, intent is an essential element, while in others, it is
merely necessary to show that the accused is aware of the consequences of his
acts.
Intent is something that is intended; purpose; design; intention:
Criminal intent is defined as the resolve or determination with which a person
acts to commit a crime.
The Dying Declaration
Statement as to the cause of his 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.

Tips for a Criminal Investigator

Chapter 1
1. Provide two reasons why it is very important for a police investigator to
routinely critically assess all of the information they encounter.
o Because every investigation is an accountable process, and because
every investigation involves making decisions that could significantly
affect people’s lives.
2. Provide two reasons why evidence gathered as part of an investigation
must be collected in a structured way?
o Because there are legal rules and processes that must be followed in
order for evidence to be accepted by the court, and because the
investigator must always be ready to articulate their thinking and
justify their actions taken in court.
3. What do we mean when we say that an investigator must be “switched
on”?
o “Switched on” means approaching and working through an
investigation with an intentionally high level of vigilance in terms of
 the collection, assessment, and validation of information and
evidence.”
4. In a single sentence, summarize “Locard’s Exchange Theory”?
o Locard’s Exchange Theory states that a person always leaves some
trace of themselves at a crime scene, and always takes some trace of
the crime scene when they leave.
5. List seven characteristics commonly found in good investigators.
o Being passionate about following the truth, being detailed oriented,
patient, tenacious, objective, conscious of own thinking and biases,
and being knowledgeable about the skills needed to conduct
evidence and present that evidence in court.
6. What are the skills a modern-day officer must achieve to respond to events
and investigate crimes?
1. Critical Incident Response – is any event that has stressful impact
sufficient enough to overwhelm your usual coping strategies. Critical
incidents can be sudden, shocking and outside the range of ordinary
human experience.
2. Interpretation of criminal law and offence recognition – considering
the possible crime being committed in the event is called “offence
recognition,” and this recognition of a specific offense activates the
investigator’s thinking to look to look for the evidence that supports
the elements of that recognized offense.
3. Crime scene management These are tasks that must be performed by
the investigator to identify, collect, preserve, and protect evidence to
ensure that it will be accepted by the court.
These tasks include: a) Locking down the crime scene. b) Setting up crime scene
perimeters. c) Establishing a path of contamination.
4. Evidence identification and preservation Most items of evidence will
be collected in paper containers such as packets, envelopes, and
bags. Liquid items can be transported in non-breakable, leakproof ...
5. Engaging forensic tools for evidence analysis Traditional forensic
analysis methods include the following: Chromatography,
spectroscopy, hair and fiber analysis, and serology (such as DNA
examination) Pathology, anthropology, odontology, toxicology,
structural engineering, and examination of questionable documents.
6. Witness assessment and interviewing
7. Suspect questioning and interrogation
8. Case preparation and documentation
9. Evidence presentation in court