Fundametals of

Investigation with
Intelligence
CDI101 – LESSON 2

Jossalfeigh T. Cortez, RCrim

Instructor
“NEW BEGINNINGS ARE
OFTEN DISGUISED AS
PAINFUL ENDINGS”
Basic Elements of Criminal
Investigation
1stElement: Recognition
2nd Element: Collection
3rd Element: Preservation
4th Element: Evaluation
5th Element: Presentation
 1st Element: Recognition
 Recognition involves identifying data including physical things that may
provide relevant information regarding the criminal case.
 Recognition is otherwise known as identification stage of investigation.
 Significant things that must be recognized may be in form of bloodstains at the
crime scene
 Neighbor who accidentally saw/witnessed a burglary in progress, or bank record
of drug dealer.
 These are highly relevant facts that can be used by the investigator to be
developed on a well-founded belief that a crime has in fact been committed
2nd Element: Collection
 Collection refers to the act of gathering those identified
data or facts, or physical things that are significant to the
case under investigation.
 Collection maybe done by scraping the bloodstains found
at the crime scene, interviewing the neighbor who saw
the burglary, or examination of drug dealer’s bankbook.
3rd Element: Preservation
 Preservation is a function that is almost simultaneously performed
during the collection stage.
 It includes act of keeping the collected evidences in their true and
original form, preventing contamination or destruction of its
substantive value.
 Preservation does not only involve the process of packaging physical
evidences in order that they can be safely transmitted to the
evidence custodian or to the crime laboratory.
 It covers the process of maintaining objectivity of facts or
information that has been gathered from the testimony of witnesses,
victims or other persons involved in the criminal case.
4th Element: Evaluation
 Evaluationrefers to the process of determining the
probative value of the evidence.
 Probativevalue refers to the strength of the evidence or
its worth/weight in successfully establishing a proof that
a crime has in fact been committed and that the
suspects/accused is the one who is responsible for it.
5th Element: Presentation
 Presentation is primarily manifested inside the court
room.
 The investigator, with the help of prosecutor, must be
able to present facts and information in a very simple
and convenient manner in order to convince the court
and other parties involved in the criminal case about
the validity and truthfulness of the evidence they are
trying to prove or establish (Weston & Wells, 1997).
Cardinal Points of Criminal Investigation

The 5 W’s and 1 H

 WHO QUESTIONS
A. Who Questions: These are questions used to inquire the identity of the victims offended party, name of
suspects, accomplices, accessories and witnesses of the crime such as:

1. Who reported the crime? Who discovered the crime?

2. Who saw how the crime was perpetrated?
3. Who is the victim? Who had any misunderstanding with
him?
4. Who is the offender/perpetrator/culprit?
5. Who are the companions, associates, or accomplices of the
perpetrator?
 What Questions

B. What Questions: The purpose of these type of question is

to find out what happened or what took place before, during
and immediately after the commission of the offense.
1. What happened?
2. What specific actions did the suspect/victim/witness do?
3. What is the nature of the crime?
4. What was/were the weapon/s or tool/s used by the
culprit?
5. What are the evidences discovered at the crime scene?
 Where Questions
C. Where Questions: These are the questions that localize the place
of incident – the city or town, district or barangay, the street or road,
the number of the house or building. These questions are necessary in
pinpointing the particular location of the crime such as:
1. Where was the crime discovered?
2. Where did the offense take place?
3. Where are the victims, witnesses or culprits?
4. Where do the victims/witnesses/culprits live?
5. Where was the suspect when he was apprehended?
6. Where are the weapons or tools used in committing the crime?
 When Questions:
When Questions: These are questions needed to determine and fix
the time, day, month and year when the crime was committed. These
questions should be specified and as accurate and as possible such as:
1. When was the crime committed?
2. When was it discovered?
3. When was the police notified?
4. When was the victim last seen?
5. When was the suspect arrested?
 Why Questions
Why Questions: These are question that endeavor to
ascertain the motives, causes, antecedents, previous,
incidents, related facts, background occurrences, that
might help explain the commission of the offense. Why
questions are as follows:
1. Why did the offender do it? Why did he kill his victim?
2. Why didn’t he just let the victim go?
3. Why didn’t the suspect surrender?
How Question:
How Question: These are design to help the investigator
determine how the crime was committed, how the culprits
enter the building/room. How questions are very
significant in preparing the modus operandi file or report
such as:
1. How did the suspect get near to his victim?
2. How did he perform the crime?
3. How did the criminal get all the necessary information?
4. How did the criminal get away from the crime scene?
 GOLDEN RULE IN CRIMINAL INVESTIGATION
The golden rule of criminal investigation states “Do not
touch, alter, move, or transfer any object at the crime
scene unless it is properly marked, measured, sketched
and/or photographed.”
The purpose of this rule is to avoid the mutilation,
alteration and contamination (MAC) of the physical evidences
found at the crime scene.
 THREE I’S OF CRIMINAL INVESTIGATION
1.INFORMATION
a. Regular Sources. Records, files from the government or non-
government agencies, news items. The bulk of application of this
nature is news items. Included also is news or TV broadcast,
intercepted radio, telephone messages and stored computer area.
b. Cultivated Sources. Information furnished by informants or
informers.
c. Grapevines sources. When the information is disclosed by the
underworld characters such as prisoners or ex-convicts.
2. INTERVIEW AND INTERROGATION
 Interview is the simple questioning of a person who cooperates
with the investigator. In account of the interview, the witnesses
voluntarily give their accounts about the commission of a crime.
 Interrogation is the process of obtaining an admission or
confession from those suspects who committed the crime. It is
confrontational in nature, which means that the suspect is
confronted about his participation in the commission in an
offense.
Instrumentation
(sometimes called Criminalistics or Forensic Science) -
It is the process of applying instruments or tools of the
police sciences in criminal investigation and detection.
This is the use of the Police Laboratory in the
examination of physical evidences
Golden Rule in Interview

“Never allow the interviewer to conduct nor

let anyone to conduct an interview without
prior visit to the crime scene.”
 Qualities of a Good Interviewer

1. Rapport – It refers to the good relation between the

interviewer and the interviewee, which is conducive to a
fruitful result. It is winning the confidence of a person being
interviewed in order that he will tell all the information in
his possession.
The interviewer must be in a respectable civilian attire
because, most often and the majority of people, the police
uniforms is barrier in establishing good rapport. To many, the
uniform is intimidating.
2. Forceful Personality- The appearance of the interview
and other qualities such as skill of communication
techniques or the force of his language are the mainstays
of the strength of his character. He must be
understanding, sympathetic and without showing official
arrogance vulgarity of expressions and air superiority.
3. Knowledge on Psychology/Psychiatry- This will help the
interviewer to determine the personality and intelligence of
his subject; He must go down and up to the level of
understanding of his particular subject.

4. Conversational Tone of Voice- Investigator’s tone of voice

must be conversational, not confrontational as in
interrogation. It means that the interviewer must know how to
appropriately use his voice normally, without unusual loudness
that may affect the interview process.
5. Acting Abilities- He must possess the qualities of an actor,
salesman and psychologist and know how to appropriately
use his voice normally, without unusual loudness that may
affect the interview process.

6. Humility- He must be courteous, sympathetic and

humble, ready to ask apologies for the inconvenience of the
interview. This is usually done at the end of the interview
that may give a good impression to the person being
interviewed (Garcia, 2004).
Why Witness Refuse to Talk? The following are the
grounds why witness decline to talk:

1. Fear of Reprisal
2. Great Inconvenience
3. Hatred against the Police
4. Avoidance of Publicity
5. Because of Bias of Witness
6. Family Restriction
 Phases of Interview
1. Preparation- Investigator’s review of the facts at the crime scene and
information from other sources in order that he would be ready for the
questioning serves this stage. A background data of the subject should be
available so that he could adapt himself to the kind of approach to be employed.
2. Approach- This is done through investigator’s careful selection of the kind of
approach he will use, which maybe a single kind, a combination of two or the
application of all techniques.
3. Warming Up- This is done by preliminary or exploratory questions to clear the
atmosphere, promote a conductive place for cordiality, respect and trust for
each other.
4. Cognitive Interview- This is performed by allowing or asking now the subject
to narrate his account without interruption, intervention or interference. It is
only after the completion of the uninterrupted narration that the investigator
 Rules in Questioning
:

1. One question at a Time- Multiple, complex and legalistic question should be

avoided. One question at a time is desired.
2. Avoid Implied Answer- The nod of the head or any other body language as a
response to the questions should be avoided. The answer must be oral, clear, explicit
and responsive to the questions.
3. Simplicity of Question- A short simple question at a time is required. If the
answer needs qualification, then, it should be allowed. Avoid legalistic questions
such as: who is the murderer; or who are in conspiracy with the subject.
4. Saving Face- Embarrassing questions on the subject on matters of exaggeration
of honest errors about time, distance and description can be avoided if the
investigator will cooperate with the subject on these matters.
5. Yes or No Answer- Do not ask questions which could be answered by yes or no
only. It will curtail the complete flow of information and will lead to inaccuracy
Types of Witnesses
1. Know-nothing
2. Disinterested Type
3. The Drunken
4. Talkative Type
5. Honest Witness
6. Deceitful Witness
7. Timid Witness-
8. Refusal to Talk
Interrogation

 Interrogation is the vigorous and confrontational

questioning of a reluctant suspect about his
participation in the sense that the commission of
crime. It is confrontational in the sense that the
investigator places the guilt on the accused. This
process is also applied to an uncooperative or
recalcitrant suspect/witness.
Goals of Interrogation

Objects of interrogation are the following:

a. To find out the truth about the crime.
b. To obtain an admission or confession of guilt from the suspect.
c. To gain all facts in order to determine the method of operation
or modus operandi and the circumstances of the crime in question
d. To collect information that guides investigators to arrive at a
logical conclusion.
Confession
1. There is declaration of the person (accused);
2. The statement of the accused is he acknowledged his guilt
from the commission of a crime;
3. Guilt is admitted.
Admission
1. There is a statement of the person (accused);
2. The person only acknowledged facts or circumstances of the
crime;
3. There is no acceptance guilt.
Extra Judicial Confession
It is a confession that is made by the suspect during custodial
investigation or those confessions that are made outside of the
Court.
 Sec 3, Rule 133, Rules of Court stated that:

“Extra judicial confession is not sufficient ground for

conviction: An extra judicial confession made by an accused,
shall not be sufficient ground for conviction, unless
corroborated by evidence of corpus delicti-body of the crime.”
Judicial Confession
This confession is made by the accused in open court.
The plea of guilt maybe made during arraignment or
any stage of the proceedings where the accused
changes his plea of not guilty. This is conclusive upon
the court and may be considered to be a mitigating
circumstance to criminal liability.
ACTIVITY &
QUIZ
 ACTIVITY
(VIDEO-MAKING)
*** IN MAKING AN INTERVEW. OBSERVE THE
RULES IN conducting
INTERVIEW AND be sure that you possess
the GOOD QUALITIES OF INTERVIEWER.
TO BE SEND ON MY EMAIL ACCOUNT
jossalfeighcortez1@gmail.com
Deadline FRIDAY: 5:00PM