INTRODUCTION TO CRIMINAL INVESTIGATION

1. Origin of the term criminal investigation

 Investigation- this refers to the process of carrying out a detailed examination or inquiry usually in an
official manner, to discover something or somebody. The term came from the Latin
word investigare (vestigare in some books) which means “to track or to look into for traces”.
Fundamentally, it may have been derived from Vestigium, another Latin word that means footprint
 Criminal Investigation- came from the Latin term Investigat, which means “to inquire or to discover”
during the 5th century
Modern Definitions of Criminal Investigation:
1. Criminal investigation-It is defined as the collection and analysis of facts/truths about persons, things, and
places that are subjects of a crime to identify the guilty party, locate the whereabouts of the guilty party, and
provide admissible pieces of evidence to establish the guilt of the parties involved in crime.
2. Criminal investigation It is the logical and objective, and legal inquiry involving possible criminal activity.
The result of the inquiry, if successful, will answer the 5Ws and 1H.
3. Criminal investigation is a legal inquiry by virtue of complaint to follow up, examine, trace, track, and
search, step by step examination or process of meticulous observation, the fact of the commission of a crime,
the identity of the actors, and the circumstances attendant thereto, by careful evaluation of all available pieces
of evidence to the end that violators of the law brought to the bar of justice and the innocent be relieved
therefrom.
4. Criminal investigation is a lawful search for people and things useful in reconstructing the circumstances
of an illegal act or omission or the mental state accompanying it. It is the probing from the known to the
unknown, backward in time, and its goal is to determine the truth as far as it can be discovered in any post-
factum inquiry.
5. A criminal investigation is a logical process of collection and analysis of facts about persons, things, and
places relative to a crime. It includes:
 Identification of the guilty party
 The location of the whereabouts of the guilty party, and
 Providing admissible evidence to establish the guilt of the parties involved in the crime.
Criminal Investigation is an ART- because it is governed by rigid rules or fixed legal procedures but most
often based on intuition (logic and tested knowledge, immediate learning/consciousness) and sometimes by
chance. Most often than not, it is governed by:
1. Felicity/Inspiration-95%
2. Intuition-3%
3. Luck-2%
Criminal Investigation is a PROCESS: it involves a systematic process of identifying, collecting, preserving,
and evaluating data or raw facts to produce valuable information for bringing a criminal offender to justice.
Three ways to bring a person from criminal act:
1. Voluntary surrender
2. He will be apprehended by the officer of the law
3. The criminal investigation identifies a person as a suspect
2. Kinds of criminal investigation
Generally, there are only two kinds of criminal investigation:
1. Investigation while the suspect is under arrest and detention; and
2. Investigation while the suspect is “at large." It means that the suspect is not under arrest or detention,
as distinguished from a fugitive from justice.
3. The criminal investigation identifies a person as a suspect
3. The four phases of criminal investigation
1. The identification of criminals.
2. The criminal is traced, located, and arrested.
3. The facts or evidence to prove the guilt of the accused is gathered.
4. 4. The pieces of evidence are presented in court
4. Goals of criminal investigation
Generally, the goals of criminal investigation are the following:
1. To determine whether a crime has been committed;
2. To legally obtain information or evidence;
3. To identify persons involved in the crime;
4. To arrest suspects ;
5. To recover stolen properties;
6. To present the best possible case to the prosecutor
5. Components of criminal investigation
1. Pattern- refers to a series of similarities that may link particular cases or indicate that the same person
is committing a series of crimes.
2. Leads-these are clues or pieces of information that aid in the progress of an investigation.
3. Tips- it specifically refers to leads provided by the citizens that aid in the progress of an investigation.
4. Theories- are beliefs based on the evidence, patterns, leads, tips and other information developed and
uncover in the case.
6. Trichotomy of criminal investigation
1. Training- is a critical factor in developing good and competent investigators, and is the key to freedom
from the bondage of ignorance.
2. Tools- to establish facts and develop evidence, a criminal investigator must use this tools-information,
interview, interrogation, and instrumentation.
3. Technique -is the essence of tactical strategy in an investigation.
7. Roles of an investigation
1. Determine whether a crime has been committed.
2. Identify the victim/s and the offender.
3. Locate and apprehend the accused.
4. Present evidence of guilt for the suspect/s.
5. Assist in case follow-up.
8. Importance of criminal investigation
1. The problem of crimes and criminals should be carefully studied and provided with solutions.
2. It helps the five pillars of the Criminal Justice system in recognizing and identifying criminals and
provides clues or information in promoting social justice.
3. An aid in enforcing the laws and the protection of lives and properties.
9. The criminal investigator
 Police Investigator-It refers to PNP uniformed personnel both Police Commissioned Officer (PCO)
and Police Non-commissioned Officer (PNCOs) conferred with the appropriate certification to
investigate with care and accuracy. A police investigator must be a graduate of the CRIMINAL
INVESTIGATION COURSE (CIC) for PNCO and the INVESTIGATION OFFICER BASIC
COURSE (IOBC) for PCOs.
 Police Detective-It refers to PNP uniformed personnel who was previously certified as police
investigator but was able to complete 18 units of Master’s Degree, completed the Police Detective
Course (PDC), and acquired the requisite experience relating to investigation of cases and appearance
in court duties to support the successful filing and prosecution of the offense.
  Criminal Investigator- refers to the person who performs an investigation. He/she may also be
known as prober and is considered as the superstar in the process of investigation. He must be capable
of observation and a rational thinker. Many times, a police investigator is being tested with
his discretion (wise use of one’s own judgment).
9.1. Some Qualifications of an Investigator
1. Perseverance -Refers to the steadfastness, persistence, and resolution to bring the desired conclusion
in spite of obstacles connected with a criminal investigation.
2. Endurance -This is the ability to last physically and mentally hence; he must have extraordinary
physical and mental energy, enduring sleepless nights and tiresome days.
3. Incorruptible Honesty and Integrity- In the practice of his art, there are the ever temptations of
money, women, and drinks that are present in every corner playing tricks of temptations.
4. The intelligence and Wisdom of Solomon-This are very important in order that the investigator
could easily decipher falsehood from the truth and separate the grain from the chaff.
5. Acting Ability-It is the ability to go down to the level of the minor, the prostitute or the slum
dwellers, or the level of the other professionals or the members of the elite.
6. Mastery of the Oral and Written Communication- in order that the investigator will not suffer
setbacks in getting accurate facts, especially in the preparation of reports and or transmittal of
information.
7. The Keen Power of Observation and Description-These are very important in crime scene
investigation and in interviews and interrogation.
8. Courage-It is the moral fortitude, to tell the truth, no matter who will be hurt.
9. Working Knowledge- of Criminal Law, Evidence, Criminal Procedure, and Penal Special Laws.
10. The power to “read between the lines.”- This is the ability of the investigator to interpret the words
or phrases encountered in the process of investigation in their deeper meaning in order to arrive at the
concrete meaning of a certain statement.
11. Working knowledge of martial arts and firearms proficiency- The investigator will find himself on
many occasions that he will be alone in confronting, arresting, bringing to headquarters, and
interrogating the suspect.
9.2. 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.
 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.
Elements from the foundation of the critical thinking process:
 Differentiating between fact and opinion.
 Determining cause-and-effect relationships
 Determining the accuracy and completeness of the information presented.
 Recognizing logical fallacies and faulty reasoning.
 Developing inferential skills through deductive or inductive reasoning
Definition of terms:
 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.
 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.
 Inductive reasoning - is base 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).
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.
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.
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.
Legal knowledge
 Today’s investigators 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 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 investigations. Because
specific behaviors and traits are unique to various groups, the development of an awareness of cultural
diversity can provide the investigator with new insights.
8. Persistence
 It is the ability to continue the case 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.
10. Forms of investigation
Six Major Types:
1. Formal Investigation
 Refers to an official inquiry conducted by a government agency to uncover facts and determine the
truth.
 It is usually considered as some form of inquiry concerning criminal activity.
2. Inquest
 It is an effort to search the basic cause of an incident such as the commission of a crime.
3. Inquisition
 A historical description than a current usage to describe any penetrating investigation concerning a
religious issue.
4. Probe
 Similar to a formal investigation is an extensive, searching inquiry conducted by a government
agency.
5. Research
 It is the most employed type of investigation that refers to the careful, patient investigations done by
scientists or scholars in their efforts to identify sources of data or causes of the problem.
6. Investigative Reporting
 Relatively speaking, is a recent type of investigation pursued by the members of the press on their
own initiative. It is designed to satisfy two purposes.
 To attract readers/viewers
 To get to the roots of the problem
11. Categories of criminal investigation according to John Dempsey
1. Criminal Investigation vs Non-Criminal Investigation
 Criminal Investigation- It is usually carried out by the police to prosecute the person responsible for
the commission of a crime.
 Non-Criminal Investigation- It involves non-criminal incidents or events.
2. Reactive Investigation vs Proactive Investigation
 Reactive Investigation- It is an investigation initiated based on a complaint filed by the victim or any
concerned citizen.
Three categories of reactive investigation
1. walk-through-The suspect could be easily determined and located. The detective must only
observe the legal guidelines to reach a solution.
2. where-are-they-The appropriate type of investigation to use in cases to which the suspect is
identified tentatively but has not been located. The case may have a simple solution or involves a
complex mystery.
3. whodunit-It refers to cases in which no suspects are initially identified. The majority of crimes
reported to the police under this category are rarely solved.
 Proactive Investigation Investigations conducted by the police based on their own initiative. These
are designed to catch a criminal in the act of committing a crime, rather than waiting until a crime is
reported by a concerned citizen.
Categories of Proactive Investigation
1. Decoy operations-Are of blending and decoy types. In blending type, officers dressed in civilian
clothes try to blend into an area to catch criminals in flagrante delicto.
2. Undercover operations-Usually in the form of buy-bust and entrapment.
 Buy-bust operation is commonly used in catching drug traffickers whereby undercover officers
usually pose as buyers of illegal drugs.
 Entrapment on the other hand involves duping someone who has intentions to commit a crime
to execute their plan but upon consummating the crime, they are arrested right there and then.
3.Overt investigation vs. Covert investigation
 Overt Investigation-It is conducted openly.
 Covert Investigation-It is conducted in secret.