Module 1: Scene of Crime Operations

Module Overview

This module discusses the role of the first responder and the job of an investigator in the
examination of crime scene. It also includes the types of sketching and crime scene photography.

Motivation Question
As a criminology student, what do you think is the crucial role of the first responder in the crime
scene examination?

Lesson 1.1:
Crime Scene Examination

Lesson Summary
This lesson tackles the role/job of an investigator and the phases or stages in criminal
investigation. It also includes the duties of the first officer at the crime scene. The lesson
discusses the nature and scope of legal medicine and its importance in the field of crime
investigation.

Learning Outcomes
1. Define investigator and medico legal examiner;
2. Recognize the crucial role of first responders at the crime scene; and
3. Learn about the concept of legal medicine.

Motivation Question
As a future investigator, what do you think is the right attitude in approaching the crime
scene?
Discussion
Duties of First Officer at the Crime Scene
The examination of crime scene is a crucial job that has to be done by an investigator in
serious crimes (e. g. murder, homicide, robbery, arson, rape, etc.). The crime scene gives clues
for the investigator and specialists, and provides them with a starting point in the tracing and
identification of offender.
The success of an investigation depends to a large extent on the actions taken by the
first officer to arrive at the crime scene. The following should be observed by the first
responder:
 He should follow the correct procedures- not to make errors by what he does or fails to do.
 Be sure not to destroy or change anything which may serve to reconstruct the crime.
 Do not unwittingly add material for this may mislead the investigators.
 Do not approach the scene too quickly. Movements should be calm and deliberate.
 Always suspect the worse.
 Do not approach the situation with a mind already made up.
 Always record the exact time (time the call was received; time of arrival at the crime scene; and
time of departure.
 When entering the crime scene, try to form an estimate of what happened. Make good
observations (e. g. signs of forced entry, condition of the windows, room/area lightings, distinct
odors, injured/dead victims, witnesses present, need for medical aid, weather condition).
 Move nothing at the crime scene unless absolutely necessary.
 Do not walk around the scene to satisfy curiosity by touching things.
 Do not use the toilet, turn on the faucet, smoke, or use towels at the scene.
 Upon arrival at the crime scene, take steps to protect the scene from curiosity seekers and family
members. (Note: As general rule, if the crime scene is indoors, cordon the central scene, and, if
possible, places where the criminal made an entry and exit. If the crime scene is outdoors, ample
area should be roped off to include the path taken in and out of the scene.)
 If someone is injured at the scene, first aid should be rendered immediately, even though valuable
clues may be disturbed. All other considerations must yield when a human life can be saved.

What is an investigator?
 In the field of special crime investigation, an investigator is the person who is tasked with the
duty of carrying out the objectives of an investigation. This is a multi-various hob which involves
identifying the criminals, locating the criminal offender, providing evidence to prove the guilt and
acting as a witness in favor of the prosecution.
The following are the job of an investigator:
 Identification of the criminal offender- an investigator investigates in order to determine the
identity of the perpetrator of the crime.
 Protection or preservation of crime scene- the task of making sure that everything in the crime
scene are of value and that it needs to be protected and preserved.
 Collection of evidence from the crime scene- this task is one of the crucial jobs of an investigator.
Proper collection of evidences leads to the success of an investigation.
 Interview of witnesses- the investigator should be vigilant in all statement coming from the
witness. Fabricated witnesses are hovering around. Consistency of statements should be
observed.
  Reconstruction of crime scene- through examination and preservation of the crime scene, proper
collection of evidences, the investigator may be able to reconstruct the crime scene
 Trace and locate the offender- after thorough investigation, locating the offender comes next.
 Serves as a witness in favor of the aggrieved or offended party- the investigator appears in court
and gives his/her statement in order for justice to be served.

Inductive and Deductive Reasoning

What is Deductive Reasoning?
 A deductive judgment is one you decide is the answer of the case, and which you then attempt to
prove with a collection of facts. In other words, you “jump at conclusions” and then undertake to
show that your guess was right.
What is Inductive Reasoning?
 Inductive reasoning collects all the facts available first and allows them to determine the
judgment. After carefully examining all the details of a case conclusion can be come up.
Note: “Idem est non probari et non esse; non deficit jus, sed probation.”- “What is not proved
and what does not exist are the same; it is not a defect of law, but of proof.”

The First Responder

It is usually a call to the emergency services that triggers the investigation of a potential
crime. That is why the first person on the scene, known as the first responder is usually the
police, fire, or medical officer. The first responders are responsible for the protection and
preservation of the crime scene.
Crime scene often generates tracing evidence that leads to the apprehension of
dangerous criminals. The scientific examination of physical evidence is widely accepted as a
critical element in the effort of law enforcement agencies to conduct successful criminal
investigations and prosecutions. The forensic science field is an ever-changing discipline that
holds the key for solving special crimes.
With the introduction of DNA, new processing techniques for latent prints, portable
lasers and elector-static dust print lifters, the training of evidence technicians has become more
important than ever. These scientific advancement and technological breakthroughs have
increased the possibility and likelihood of collecting and analyzing physical evidence that was
never possible before. The need for specialized units called crime scene units should be trained
and equipped to all forms of crime scenes.
In the Philippines, the Scene of Crime Operations unit or PNP SOCO Unit is specifically
created to professionally evaluate and collect pertinent physical evidence from the crime
scenes. Making it easier for police investigators solve crimes, identify criminals and provide for
the evidences necessary for the prosecution to build a strong case against the accused.

What is Legal Medicine?

 Legal Medicine is a branch of medicine that deals with applying medical expertise for law and
judicial administration. It uses fundamental and scientific, medical, and paramedical sciences to
explain legal matters (Solis, 1987). Legal Medicine is also called forensic Medicine.
Scope of Legal Medicine
The scope of legal Medicine is broad and encompassing. It is the use of medical and
paramedical sciences as demanded by law and administration of justice.

Nature of Legal Medicine

Knowledge of legal medicine implies the ability to learn facts, organize these facts in
their logical order, and draw conclusions from the facts that may help in administering justice.

What is a Medico legal officer?

 A physician who specializes or is involved primarily with medicolegal duties. Also referred to as
medical examiner, medical jurist, or medicolegal expert.

What is an Ordinary Witness?

 a physician is called an ordinary witness when he testifies in court on matter viewed by his
patient in the physician-patient relationships. Although the doctor observed something through
his sense organ and has the right to pass on what he experienced to others, he is not permitted to
reveal that knowledge to others about matters he perceived of his patient during the physician-
patient relationships.

What is an Expert Witness?

 A physician may offer his perspective on collecting medical facts because of his knowledge and
experience. He may deduce or conclude something, evaluate the cause of death, or render opinion
relevant to the issue. The expert medical testimony’ s probative value depends on the degree of
understanding and experience on the line of what the medical expert testifies, the basis and
rationale of his inference, and other proof that appears to indicate the veracity or falsity of his
statement.

OTHER DEFINITIONS INVOLVED IN LEGAL MEDICINE

1. Law - could be a rule of conduct, just, obligatory, laid by legitimate power for universal
observance and benefit. It is a science of ethical laws founded on man's rational nature, which
regulates free activity to realize his personal and social ends under the aspect of mutual
demandable independence.
It is a set of instructions of manners and behaviors promulgated by legislators and
implemented by the executive that everyone will observe and follow for the common good.

Characteristics of Law:
a. It is a rule of conduct;
b. It is dictated by legitimate power,
c. Compulsory and obligatory to all (Civil Code by Padilla)
Forms of Law:
 a. Written or Statutory Law (Lex Scripta): This is composed of laws produced by
the laws of the country and is defined, codified, and integrated by the law-making
body. Example: Philippine Laws.

In the Philippines, laws frequently start as bills in the government's legislative

branch introduced by a member (or a group of Individuals) and undergo three readings
before both houses make a vote, separately. Once passed by both houses, a copy of the bill
will be sent to the President for proper and timely action.

b. Unwritten or Common Law (Lex non-scripta): This is made up of unwritten

laws based on customs and usages, which are immemorial. Occasionally it is called case
law, common law, jurisprudence, or customary law.
2. Forensic - This signifies something about the court of law or utilized in litigation or civil
proceedings or anything suitable for civil or civic argumentations.

3. Medicine - a science and art of diagnosing, treating, curing, and preventing disease, relieving
pain, and improving a person's health. Avoiding disease and injury and encouraging and
maintaining health alleviates pain and suffering caused by disease, caring for and curing those
with illness and caring for those who cannot be cured, and preventing premature death.

4. Legal - It relates to the law, arises from, because of, or incorporated into the law. It also
applies to something consistent with the letters or rules of law, as governed by the court.

5. Jurisprudence - It is a practical science researching the nature, source, development, and law
processes. It is a science of providing a wise interpretation of the law. Furthermore, only
applying it to any case as it arises.

Branches of law where Legal Medicine May Be Applied:

1. Civil Law — Civil law is a precept which determines and regulates the relationship of
assistance, authority, and obedience between family members and those who exist among
members of a society to protect private interests (Solis, 1987).
It is a set of laws that identify and protect citizens' privacy rights, provide legal redress
that can be pursued in a dispute, and cover areas of Law such as contracts, torts, property, and
family law. Civil Law is derived from the statutes of Roman times, which used ideologies to
develop a code that determined how to decide legal problems.

2. Criminal Law — is that branch or division of Law which defines crimes, treats of their nature,
and provides for their punishment. The body of Law that identifies criminal offenses governs
accused suspects' detention, charges, and trials, and establishes punishments and care modes
available to convicted criminals.
 Criminal Law is only one of the instruments by which structured communities safeguard
the security of individual interests and guarantee the group's preservation
The following provisions of the Penal Code apply to Legal Medicine:
a. Circumstances affecting criminal liability (Title I);
b. Crimes against person (Title VIII), and
c. Crimes against chastity (Title XI).

3. Remedial Law - Is the branch or section of Law dealing with the rules pertaining to pleadings,
practices, and procedures in all Philippine courts. It establishes the methods established by
substantive Law to enforce those rights and obligations by supplying a procedural system for
obtaining redress for the incursion of rights and violations of obligations and prescribing rules
on how suits are filed, tried, and decided by the courts.

Legal Medicine may be applied in the following provisions of the Rules of Court:
a. Physical and mental examination of a person (Rule 28);
b. Proceedings for hospitalization of an insane person (Rule
101); and

MEDICAL EVIDENCE
Evidence is the means, sanctioned by the Rules of Court, of ascertaining in a judicial
proceeding the truth respecting fact (Sec. 1, Rule 128, Rules of Court).

Types of Medical Evidence:

1. Autoptic or Real Evidence: Information has been made clear or presented to the
court's senses. It is not restricted to what is understood by the sense of vision but extends to
what is perceived as hearing, taste, smell, and touch.

2. Testimonial Evidence: A doctor may be ordered to appear before a court to give his
testimony. When standing in the defendant, he is expected to answer questions raised
by court lawyers and the presiding officer. His evidence must be conducted verbally and
under oath or declaration.

3. Documentary Evidence: A document is an item on which letters, figures, or marks are

registered that are meant to document the matter, which can be used as evidence. The term
covers writings, printed, lithographed, or photographed words; seals, plates, or stones on
which writings are cut or engraved; photographs; maps or plans.
Medical Documentary Evidence may be:
a. Medical Certification or Report on:
(1) Medical examination.
(2) Physical examination.
(3) Necropsy (autopsy).
(4) Laboratory.
(5) Exhumation.
 (6) Birth.
(7) Death.
b. Medical Expert Opinion.
c. Deposition — A deposition is a written record of orally presented and
transcribed facts by the interrogator and the affiant's response, and signed by
the latter, in the form of a question.

4. Physical Evidence: These are documents and papers that are found concerning the
prosecution and that aid in determining the suspect's identity or the circumstances in
which the offense was committed, or in general, assist in prosecuting an offender. In modern
parts, the identification, collection, preservation, and presentation of physical evidence is
known as criminalistics.

Different types of physical evidence:

a. Corpus Delicti Evidence — Objects or item which can be a component of the body of the crime.
The dead body of the victim of murder, prohibited substance or drugs recovered from someone, a
knife with blood stains or fingerprints of the suspect, stolen automobile identified by plate
number, and the body or engine serial numbers are samples of evidence.

b. Associative Evidence — These are physical evidence linking a suspect with the crime. The
perpetrator may give hints at the scene, such as weapons, tools, clothing, fingerprints, or
footprints. Damaged headlamps of glass found in "hit and run" crimes at the crime scene may be
connected to the vehicle found service center or garage. The offender's attire and other items of
value may be recalled.
c. Tracing Evidence —These are physical evidence that may assist the investigator in locating the
suspect. Aircraft or ship manifests, physician's clinical record showing medical
treatment of suspects for injuries sustained in an encounter; bloodstains recovered from the area
traversed by the wounded suspect infer the direction of the movement is an example of tracing
evidence.

CONDUCT OF CRIME SCENE INVESTIGATION (PNP Manual)

The Crime Scene Investigation (CSI) starts from the arrival of the PNP First Responder (FRs) to
the arrival of the Duty Investigator/IOC and the SOCO Team until the lifting of the security cordon and
release of the crime scene. (Standard Operating Procedure No. ODIDM-2011-008 “Conduct of Crime
Scene Investigation)
Specific Functions, Responsibilities and Procedures of the First Responder, Investigation-
On-Case (IOC) and SOCO

The following are the functions and responsibilities of the investigators during the crime
scene investigation, as well as the procedures to be observed:

a. First Responder (FR)

(1) The first Police Officers to arrive at the crime scene are the FRs who were dispatched by
the local police station/unit concerned after receipt of incident/flash/alarm report.

(2) Immediately, the FR shall conduct a preliminary evaluation of the crime scene. This
evaluation should include the scope of the incident, emergency services required, scene
safety concerns, administration of life-saving measures, and establishment of security and
control of the scene.

(3) The FR is mandated to save and preserve life by giving the necessary first-aid measures
to the injured and their medical evaluation as necessary. The FR sjhall likewise secure
and preserve the crime scene by cordoning off the area to prevent unauthorized entry of
persons.

(4) The FR shall take the dying declaration of severely injured person/s, if any. Requisites of
a “Dying Declaration” are:

(a) That death is imminent and the declarant is conscious of that fact;

(b) That the declaration refers to the cause and surrounding circumstances of such death;

(c) That the declaration relates to facts which the victim is competent to testify to; and

(d) That the declaration is offered in a case where in the declarant’s death is the subject
of the inquiry.

(5) The FR shall make the initial assessment on whether a crime has actually been committed
and shall conduct the preliminary interview of witnesses to determine what and how the
crime was committed;

(6) If and when there is a suspect present in the area, the first responder shall arrest, detain
and remove the suspect from the area;

(7) The FR, upon the arrival of the IOC, shall turn-over the crime scene to the duty
investigator/IOC after the former has briefed the investigator of the situation. The FR
shall prepare and submit the CSI Form “1”- First Responders Report to the IOC and be
prepared to assist the IOC in the investigation.
 (8) The FR shall stay in the crime scene to assist the IOC in the maintenance of security,
crowd control, preservation of evidence and custody of witness/suspect until such time
the investigation is completed and temporarily turned over to the local Chief of Police
(COP) for the continuance of crime scene security.

b. Investigator-on-Case (IOC)/Duty Investigator

(1) Upon arrival at the crime scene, the IOC shall request for a briefing from the FR and
make a quick assessment of the crime;

(2) At this stage, the IOC shall assume full responsibility over the crime scene and shall
conduct a thorough assessment of the scene and inquiry into the incident. If necessary,
the IOC may conduct crime scene search outside the area where the incident happened,
employing any of the various search methods;

(3) Based on the assessment, if the IOC determines that a SOCO team is required, he shall
report the matter to his COP and request for a SOCO, otherwise, the IOC shall proceed
with the CSI without the SOCO team and shall utilize CSI Form “4”.

(4) The IOC may by himself if the situation so demands, conduct CS if, there is no
Provincial Crime Laboratory Office/Regional Crime Laboratory Office in the province.
The IOC must, however, ensure that the correct procedures in the collection of evidence
are observe to ensure the admissibility of the evidence;

(5) The Police Station Operation Center, upon directive of the COP, shall make the request
for the SOCO team through the Provincial/City Operations Center;

(6) It shall be the responsibility of the Provincial/City Operations Center to facilitate the
request for the SOCO Team;

(7) Upon the arrival of the SOCO Team, the IOC shall accomplish CSI Form “2” and submit
the same to the SOCO Team Leader. The SOCO team shall not enter the crime scene
unless the IOC makes the official written request where in he assures the SOCO team of
his presence and support; and

(8) The IOC shall brief the SOCO team upon their arrival at the crime scene and shall jointly
conduct the preliminary crime scene survey.

c. SOCO Team

(1) The SOCO Team shall not join any operations conducted by the local police or
accompany the FRs or the IOC in going to the crime scene. They will only respond upon
request through the Operations Center and after the IOC has already made the proper
assessment of the crime scene.
(2) Upon receipt of the Request for Conduct of SOCO, the SOCO Team shall then conduct
the scene of the crime operations which include among others the narrative description of
the crime scene, photography, videography, crime scene search, crime scene sketch,
physical evidence recording and collection, and other procedures necessary.

(3) In case the SOCO Team needs to temporarily suspend the processing, the Chief of Police
shall be primarily responsible and accountable for securing the crime scene and ensuring
its integrity until the return of SOCO Team and the conclusion of the CSI.

(4) After the termination of the SOCO, the SOCO Team Leader shall brief the IOC on the
initial results and thereafter conduct the final crime scene survey together with the IOC;
and

(5) The SOCO Team shall accomplish the CSI Form “4”- and furnish the IOC of copies of
the same before leaving the crime scene.