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PC-CDI3

Specialized Crime Investigation 2


(with Simulation on Interrogation
and Interview)
ARCHIE C. TEJANO
Course Description

This course provides emphasis on the Constitutional rights of


person arrested, place under investigation, search and
seizure. It takes on the conduct of interview and
interrogation of suspects, person of interest and witnesses
and simulation on the different crimes against person,
economic crimes and other special laws on transnational
crimes. The evidence required and the report writing.
Course Outline
1. Review on arrest, search, raid and custodial investigation
and other relevant topics in Fundamentals of Criminal
Investigation.
2. Extra-judicial confession versus extra judicial admission
and the legal requirements.
3. Legal differences versus interview
4. Interrogation techniques, type of subjects under
interrogation
5. Psychological symptoms of guilt. Theory of Lie, Kinds of
Lie, and types of Lies.
6. Different methods in detecting deception.
What is Special Crime Investigation
Special Crime Investigation is consisting of special
investigative techniques. It concentrates more on physical
evidence, its collection, handling, identification and
preservation in coordination with the crime laboratory.
Applied to the criminal realm, a criminal investigation
refers to the process of collecting information (or
evidence) about a crime in order to:
a) determine if a crime has been committed;
b) identify the perpetrator;
c) apprehend the perpetrator; and
d) provide evidence to support a conviction in court.
Arrest
1) seize (someone) by legal authority and take into custody.
2) Arrest is the actual restraint of the person to be arrested or by his
submission to the custody of the person making the arrest. No violence
or unnecessary force shall be used in making an arrest, and the person to
be arrested shall not be subjected to any greater restraint than is
necessary for his detention.
3) OTHER WORDS FOR ARREST, detention, apprehension, imprisonment.
stoppage, halt, stay, check.
4) There are two (2) types of arrests. The one with a warrant and the one
without a warrant. The one with a warrant is actually a document. A
warrant of arrest issued by the Court.
5) What is arrest in law? arrest, placing of a person in custody or under
restraint, usually for the purpose of compelling obedience to the law. If
the arrest occurs in the course of criminal procedure, the purpose of the
restraint is to hold the person for answer to a criminal charge or to prevent
him from committing an offense.
Rights of Person Being Arrested

Article III, Section 12 of the 1987 Constitution (also known as the Bill of

Rights) states that any person under investigation for the commission of

a crime or offense “shall have the right to be informed of his right to

remain silent and to have competent and independent counsel

preferably of his own choice.”


An arrested person, even if convicted of a crime, has certain
inalienable rights that cannot be deviated from by law-enforcing
authorities such as the police. These include rights to know
grounds of arrest, right to bail, right to fair trial, right against
self-incrimination etc.
What are the rights of persons arrested detained or under
custodial investigation?
Section 1. Any person arrested, detained or under custodial investation
for the commission of an offense shall at all times be assisted counsel
and shall have the right to be informed of his right to re- in sile and to
have a competent and independent counsel, preferably his own choice.
What are the rights of a person detained under RA 7438?
Any arresting public officer or employee, or any investigating officer, who
fails to inform any person arrested, detained or under custodial
investigation of his right to remain silent and to have competent and
independent counsel preferably of his own choice, shall suffer a fine of
Six thousand pesos (P6,000.00)
What is Search
try to find something by looking or otherwise seeking carefully and
thoroughly.
Search and seizure is a procedure used in many civil law and common
law legal systems by which police or other authorities and their agents,
who, suspecting that a crime has been committed, commence a search
of a person's property and confiscate any relevant evidence found in
connection to the crime.
A search involves law enforcement officers going through part or all of
individual's property, and looking for specific items that are related to a
crime that they have reason to believe has been committed. A seizure
happens if the officers take possession of items during the search.
What is seizure in criminal investigation?
Seizure occurs when the government or its agent removes property from an
individual's possession as a result of unlawful activity or to satisfy a judgment
entered by the court.
What are the two types of seizures in law?
The Supreme Court said that there are two types of seizures of
persons. The first type occurs when the police apply physical force
(however slight) and physically seize a person. The second type of
seizure occurs when a person submits to an officers “show of
authority.
What kinds of searches are prohibited?
“unreasonable searches and seizures." In general, this means
police cannot search a person or their property without a warrant
or probable cause. It also applies to arrests and the collection of
evidence.
What is the legal term for seizure?
Forcible possession; a grasping, snatching, or putting in possession.
In Criminal Law, a seizure is the forcible taking of property by a
government law enforcement official from a person who is
suspected of violating, or is known to have violated, the law.
Raid
A police raid is an unexpected visit by police or other law-
enforcement officers with the aim of using the element of
surprise in order to seize evidence or arrest the person being
charge before the court for a criminal cases.
What is the purpose of police raid?
A police raid is a law enforcement action on a home or business
suspected of involvement in criminal activity. Police will select an
unusual time of day, and rely on the element of surprise to collect
evidence and arrest suspects before people have a chance to conceal
or destroy materials of interest
Defines a raid as "a sudden appearance by officers for the
purpose of arresting suspected law violators and seizing
contraband and the means and instruments used in the
commission of a crime."
Legal Differences Interrogation versus Interview

What is the difference between interrogation and an


interview?
Although the purpose of both interviews and interrogations is
obtaining information, the interview is an informal procedure
whereas the interrogation is formally questioning a person with
information about a suspected crime.
What is the single most significant difference between
interview and interrogation?
Interviews are used in an investigation to gather information —
objective facts — by asking open-ended questions and allowing the
witness to supply the evidence. Interrogations, on the other hand,
are designed to extract confessions where police already have
other concrete evidence connecting the suspect to the crime.
What are the 3 principles of interrogation?
PRINCIPLES OF INTERROGATION. Intelligence interrogations are of many
types, such as the interview, debriefing, and elicitation. However, the
principles of objective, initiative, accuracy, prohibitions against the use
of force, and security apply to all types.
Why you would interview rather than interrogate interviewees?
The interviewer gathers information whereas the interrogator attempts to
obtain a confession; the interview is non-accusatory whereas an
interrogation is more accusatory; The interview is less structured allows
the suspect/client to do most of the speaking, actually about 95% of the
time whereas the interrogation is manipulated by the investigator.
What is the difference between interrogation and interview
Quora?
An interview is simply talking to another person. An interrogation is an
official questioning of a suspect thought to be involved in a crime. An
investigation is when police look for evidence in a crime which may or
may not involve talking to anybody at all.
Interrogation techniques, type of subjects under interrogation

What are the techniques in interrogation?


The method is called Preparation and Planning, Engage and Explain, Account, Closure
and Evaluate (PEACE). Under the PEACE method, investigators allow a suspect to tell
his or her story without interruption, before presenting the suspect with any
inconsistencies or contradictions between the story and other evidence.
What are the rules of interrogator?
a) Prepare well. The effective interrogator is well prepared. ...
b) Promote a path of least effort. The best interrogators never have to raise their
voice and the session seems to the other person to be less an interrogation and
more a friendly conversation.
c) Be methodical.
d) Be patient.
What makes a good interrogation?
A more effective approach is to rely on rapport-based, non-
confrontational interviews. Initiating a conversation through a
discussion of the investigation and the interviewers role, while
developing trust through rapport and allowing the subject to make
more rational decisions can yield great results.
What is the most important aspect of conducting an
interrogation?
Preparation stands as the most important factor in conducting
successful interrogations. Too often, the unplanned approach leads to
interrogation failures.
What are the six main investigative questions?
If you can answer: what, why, who, when, where and how; you will
have a clear and fundamental knowledge of the whole situation.
Within journalism and police investigation the Six W´s of Investigation
are used to gather basic information. If all these questions are
answered; you have the whole story.
What are some common interrogation questions?
a) Questioning the Reporter
b) What happened? ...
c) What was the date, time, and duration of the incident or
behavior?
d) How many times did this happen, that you're aware of?
e) Where did it happen?
f) How did it happen?
g) Did anyone else see it happen? ...
h) Was there physical contact? ...
i) What did you do in response to the incident or behavior?
Type of Subjects Under Interrogation
How many types of interrogation are there?
There are three types of interrogation: Interrogation that seeks information that
the respondent will freely give, for example of a witness to a crime. Interrogation
that seeks information that the respondent does not want to divulge, for example
in questioning friends of a suspected criminal.
Who is the subject of interrogation?
Interrogation is a process used by law enforcement to obtain evidence in an
ongoing case. The person being interrogated is usually a person of interest in a
crime that has been committed.
What is interrogation in criminology?
interrogation, in criminal law, process of questioning by which police obtain
evidence.
Psychological symptoms of guilt. Theory of Lie, Kinds of Lie, and
types of Lies.

Signs of Guilt
a) Being sensitive to the effects of every action.
b) Overwhelmed by possibly making the “wrong” decision.
c) Low self-esteem.
d) Putting others before yourself until it's detrimental.
e) Avoiding your full range of emotions.
How does someone act when guilty?
A guilty person will tends to have more emotionally-charged dialogue with you.
"Someone harboring a guilty conscience may be quick to jump to extreme anger
when questioned," because they are perceiving you as a 'threat,' fight or flight is
activated.
What is psychological guilt?
Guilt is an emotional state where we experience conflict at having
done something that we believe we should not have done (or
conversely, having not done something we believe we should have
done). This can give rise to a feeling state which does not go away
easily and can be difficult to endure.
What is the root cause of guilt?
Some common causes of guilt include: surviving trauma or disaster.
conflict between personal values and choices you've made. mental or
physical health concerns.

Does guilt ever go away?


Most people experience guilt. Sometimes it doesn't fully go away. A
person who makes a mistake may continue to feel guilt throughout life,
even if they apologize, fix the damage, and are forgiven for the harm
they caused. Therapy can help address these feelings.
Theory of Lie
What is lie in criminology?
The phenomenon of lying in society generates both crime and
criminal justice. Lying is punished when it amounts to perjury,
fraud, defamation. false pretences or deceit either in advertising
or tax returns. It is tolerated however in diplomacy.
Types of Lies.

What are the 2 characteristics of a lie?


Being vague; offering few details. Repeating questions before answering them.
What is a good liar called?
"Machiavellians" are pragmatic liars who aren't fearful or anxious. They are
"scheming but not stupid," explain the authors. "In conversations, they tend to
dominate, but they also seem relaxed, talented and confident."
What are the 6 general kinds of lie?
1) Bold-Faced Lie. With a bold-faced lie, a person tells something that others
know to be a lie.
2) Broken Promises. A broken promise is failing to keep a spoken promise or
commitment.
3) Lie of Fabrication.
4) Lies of Deception.
5) Lying in Exaggeration.
6) Plagiarism.
7) White Lies.
Techniques of Interrogation
Interview - done with witnesses and victims , aim to
gathered information and to find out the truth of what
happened. (Investigative)

Interrogation – done with suspects who the police


believed to be guilty, aim to extraction confession.
Incriminating statement, or admission of guilt.
(accusatorial
How do Police Extract Confession?
1. Pre text or phone call.
2. Isolation
Small and isolated interrogation room, no window, no destruction, suspects
is fixed while officer is mobile.
3. Rapport building
Asking friendly and non-case related questions, making small talks, offering
food and drinks, highlighting similarities, establishing a behavioral baseline.
4. Waiver of rights
Right of the accused is been presented
5. Open questions
5. Open question
Open-ended, case-related questions to generate information, inconsistencies will
be used against you, lies could be spotted rather by officer.
6. Accusation
7. No denial
You will not be allowed to verbalized denial, attempt will be interrupted,
8. False evidence ploy
9. Themes
Bad theme Good Theme
You did it! You did it
by accident
Its real bad! Offers
justification
10. Confession
Detect surrender position, encourage confession by ceasing confrontation, be
emotionally supportive at this point
Special Crime Investigation
SPECIAL CRIME INVESTIGATION

is a special study of modern techniques in the investigation of serious and specific crimes including
murder, homicide, rape, abortion, robbery, arson kidnapping, blackmail, car napping and criminal
negligence. The emphasis is on physical evidence rather than an extra judicial confession. Special
crime investigation focuses on specific crimes which by their nature are difficult and complex to
investigate.
ABC of INVESTIGATION

A - ASSUMED NOTHING BUT PRETEND TO ASSUME

B - BELIEVED NO ONE BUT PRETEND TO BELIEVE

C - CHECK EVERYTHING BUT PRETEND TO CHECK NOTHING


Concept and principles of Criminal Investigation
An investigation is an examination, a study, an analysis and
research of facts and/or circumstances, situation, incident,
scenario, either related or not related for the purpose or
rendering a conclusion of proof.
Crime detection and investigation is both an art and a
science; a relationship of common sense, judgment,
understanding experience and inherent intuitiveness
comprehension.
Criminal investigation seeks all facts associated with a
crime to determine the truth; what happen and who is
responsible of a criminal incident.
Term and Definition in Special Crime Investigation
1. Criminal Investigator – he is the skilled person who is charge with the
duty of conducting criminal investigation when a crime is committed.
2. Crime scene – is the place where the crime or offenses is committed
3. Suspect - a person thought to be guilty of a crime or offense.
4. Person of interest - a person who is believed to be possibly involved
in a crime but has not been charged or arrested.
5. Judicial investigation - a formal legal investigation conducted into a
matter of public concern by a judge, appointed by the government.
6. Judicial confession – it has been defined as "plea of guilty on
arrangement (made before a court)." Extra Judicial Confession: These
are statements made by the accused outside of a courtroom or while
in jail.
6. CONFESSION - as distinguished from an admission, is a
declaration made at any time by a person, voluntarily and
without compulsion or inducement, stating or
acknowledging that he had committed or participated in
the commission of a crime.
Qualities of investigator

1) Perseverance – steadfastness, persistence and resolution to


bring desired conclusion in spite of obstacle connected with
criminal investigation
2) Incorruptible honesty and integrity – the ability to resist or
avoid temptation.
3) Endurance - it is the ability to last physically and mentally,
enduring sleepless night and tiresome days.
4) The intelligence and wisdom of Solomon – this is the ability of
investigator to decipher falsehood from truth and separate the
grain from the chaff
5) The knowledge of psychological and other natural science – the
investigator must know the different pattern of human
behavior, the prevailing situation in a specific environment and
the law of nature in order to detect deception and lies.
6. Acting ability – the ability to go down to the level of minor, prostitute or
slum dwellers, or the level of other professional or the member of the
elite.
7. Mastery of oral and written communication – the investigator must know
how to communicate the people in the community through oral or written
form.
8. The keen power of observation and description – the investigator must
know how to observed and described accurately specially in crime scene
investigation.
9. Courage – the moral fortitude to tell the truth no matter who will be hurt.
10. Working knowledge of criminal law, evidence, criminal procedures and
penal special law.
11. Sense of justice and fair play
12. The power to “read between the line”
13. Working knowledge of martial arts and firearm proficiency – extra skill that
can be used by the investigator in situation like arresting and interrogating
a certain suspects
The three tools of Criminal Investigation
1. Information – the knowledge of fact that investigator have gathered or
acquired from persons or documents, which are pertinent or relevant
concerning the commission of a crime or criminal activities.
2. Instrumentation – it is a process of applying instrument or tools of
police science in criminal detection.
3. Crime reconstruction – it is the assessment made by the investigator
after the crime investigation on how the crime is committed.
A. Information classified as to source;
a) Regular source – records, files from agencies, news items, TV broadcast, intercepted radio,
telephone messages and store computed data.
b) Cultivated source – these are information's by informants or informer.
c) Grapevine source – there are information coming from the underworld character such as
prisoner or ex-convict.
B. Interrogation – the process of obtaining an admission or confession from those
suspect. It is confrontational in nature.
C. Field inquiry – it is the general questioning of all person at the crime scene
conducted by the investigator.
In the performance of his duties the investigator must seek to establish the six (6) cardinal
points of investigation.

a. What specific offense has been committed;

b. How the offense was committed;

c. Who committed it;

d. Where the offense was committed

e. When it was committed and;

f. Why it was committed.


Objectives of investigation

• Identify the criminals

• Locate the offender

• Provide evidence to prove his guilt

• Act as a witness in favor of the prosecution


Identification of Criminals

a. By admission or confession of the criminal himself.

b. By testimonies and identification made by witnesses.

c. Identification based on evidence.

d. Identification by modus operandi.


ENSURING THE INTEGRITY OF PHYSICAL EVIDENCE
COLLECTED

Take photographs and video everything as you find it. Prepare a

detailed diagram of the scene. Measure distances to record the scale of

the scene and the relative position of different items of evidence.

Always wear gloves when touching or handling an item.


How do you collect physical evidence at a
crime scene?

Document and photograph the evidence. Properly secure the evidence

by placing it in a paper bag or envelope. Close, seal, or tape the paper bag or

envelope. The examiner must initial, date, and time across the sealed area.
What are the steps for collecting physical evidence?

The five steps recommended in collecting and preserving evidence are (1)

obtaining it legally; (2) describing the evidence in detailed notes; (3) identifying

it accurately and positively; (4) packaging it properly for identification, storage,

or shipment to the laboratory; and (5 don not contaminate


Historical feature in criminal investigation
• JONATHAN WILD – he was the most famous theft catcher in 1720s. His
methods or techniques made popular the logic of employing a thief to
catch a thief.
• HENRY FIELDING – a English man who wrote entitled “tom Jones” and
was appointed as magistrate (sheriff) for the areas of Westminster and
Middle Age, London. He was the creator of the BOW STREET RUNNER
while he was the magistrate.
• SIR JOHN FIELDING – took over the control of Bow runner court in
1753. his investigator were the called Bow street runner and be
effective because of his came quite personnel guidance despite the fact
he blind person.
• EUGENE “Francois” VIDOCQ – he was a criminal who
turned Paris Investigator. He is a former convict who
become a notorious thief-catcher in France. He is credited
as the founder of LA SUERTE.(France national Detective
Organization) he made popular the concept of “SET A
THIEFT TO CATCH A THIEF”. He introduce the concept of
“TRADE PROTECTION SOCIETY, which is a forerunner of our
present day credit card system.
• 1852, USA – ALLAN PINKERTON – American most famous
private investigation and founder of criminal investigation
in USA.
• KATE WAYNE – the first woman detective in the history of
criminal investigation, hired by the Pinkerton Agency.
Evidence in Criminal Cases
1. Guilt of the accused has to be proven beyond reasonable
doubt.
2. An offer of compromise by the accused may be received
in evidence as an implied admission of guilt.
3. The accused enjoys the presumption of innocence under
the constitution
4. The concept of confession is applicable.
PHASES OF SPECIAL CRIME
INVESTIGATION
1. The preliminary investigation
• This involved the first exposure of the criminal offenses to the investigation effort. It cannot
be emphasize too strongly that this step is vital to the success of the investigation.
Preliminary investigation serves as the foundation of case. The outcome of preliminary
investigation involved the passage of the time.
2. in-Depth Investigation (follow-up Investigation)
• It begins with a general examination of all facts, leads and other types of information
secured during the preliminary investigation.
• To trace and locate the criminal.
3. Concluding investigation (final Investigation)
• The outgrow of previous to stage.
• Investigator work closely with the prosecution for the preparation of the case.
• Provide evidence the guilt of the suspect.
SIGNIFICANCE OF
RECONSTRUCTING THE PAST
1. PEOPLE
• Are social being and information on them can usually be founded in the possession of
family, relatives, work or business associate, and other who share their recreational
interest. It can also be pick-up, accidentally, through those who were witness to or the
victim of a crime. The careful investigator identifies and exploit all potential source. Some
people will talk willingly and some will be reluctant to disclose what the know.
2. PHYSICAL EVIDENCE
• Any object, of a material nature is potential physical evidence the scientific specialist,
which undertake most examination of physical evidences, use of forensic medicine,
chemistry and criminalistics. The purpose of it is to answer the questions arises during
the conduct of trial and investigation that may lead in the convection of criminal.
3. RECORDS
• Are important physical evidence. However, this received separate
treatment because this are widely scattered, voluminous and have
specialist devoting full time to the storage and retrieval.
ELEMENTS OF MANAGING SPECIAL
CRIME INVESTIGATION
1) Initial investigation
2) Case screening
3) Continuing investigation
4) Police-prosecutor relation
5) Investigative monitoring system
CHAIN OF CUSTODY
CHAIN OF CUSTODY

A process that tracks the movement of evidence through its collection,

safeguarding, and analysis lifecycle by documenting each person who handled

the evidence, the date/time it was collected or transferred, and the purpose for

the transfer.
What is meant by the chain of evidence?

A process and record that shows who obtained the evidence; where and when

the evidence was obtained; who secured the evidence; and who had control

or possession of the evidence.


Why evidence chain of custody is
important?

The chain of custody is the most critical process of evidence documentation. It is

a must to assure the court of law that the evidence is authentic, i.e., it is the

same evidence seized at the crime scene. It was, at all times, in the custody of a

person designated to handle it and for which it was never unaccounted.


How do you maintain the chain of custody?

As a method of authenticating evidence, the chain of custody rule

requires that the admission of an exhibit be preceded by evidence

sufficient to support a finding that the matter in question is what the

proponent claims it to be.


What can break the chain of custody?

A number of factors can break the chain of custody including:

Investigators waiting too long to collect evidence. Improper storage of

evidence. Mislabeled evidence


Evidence Collection Process
Identify, Collect, Preserve, Inventory,
Package, and Transport Evidence
Principle:
The search focuses on the discovery of physical evidence that may establish that a crime was
committed and link elements of the crime to possible suspects.

Procedure:
To maximize the recovery and evaluation of all types of physical evidence, the investigator should ensure:
A. The preparation of an evidence recovery log that documents information such as:
◆ Item number.
◆ Description.
◆ Location found (grid number if used).
◆ Collector’s name.
◆ Markings (either directly on the item or indirectly on the package)
◆ Packaging method.
◆ Miscellaneous comments.
The identification of evidence by:
• Assigning personnel to designated search areas.
• Initiating scene-specific search pattern(s) and procedures,
including examination of immobile structures for possible
evidence.
• Attempting to determine the method of commission of crime
• Establishing the seat(s) of the evidences(s), if present.
• Documenting structural damage, bent signs, thermal effects, if
any.
• Examining the crater, vehicles, structures, etc.
• Documenting the location(s) of victims prior to and after the
incident
• Ensuring that victims are examined for component fragments. Or
evidences be found in the body of the crime. (Autopsies should
include)
Ensure That All Investigative Steps
Are Documented
Principle:
To ensure that the permanent record will be complete, the investigator should review all

documentation before releasing the scene.


Procedure:
The investigator should verify that the following have been
addressed:
A. Documentation of major events and time lines related to the
incident.
B. Personnel access log
C. Activity log
D. Review of interviews and events.
E. Narrative description of the scene
F. Photo and video logs
G. Diagrams, sketches, and evidence mapping.
H. Evidence recovery log
Summary:
By accounting for all investigative steps prior to leaving the scene, the
investigator ensures an accurate and thorough representation of the
scene for the permanent record.
Ensure That Scene Processing Is Complete
Principle:

The scene may be released only upon conclusion of the onsite investigation and a thorough evidence

collection process.
EVIDENCES COLLECTION
Cases Under Special Crime
Investigation
Homicide/Murder cases
A. The three bridges in homicide investigation which shall
not be crossed.
A. The body has been removed
B. When the cadaver has been embalmed
C. When the dead person is burned or cremated
B. Autopsy – it is the process by which the pathologist or
the medico legal officer conduct examination of the
cadaver to determine the exact cause of death.
Methods of Identifying the Deceased
1. Fingerprint
2. Skeletal studies by an anthropologist
3. Visual inspection
4. Personal effects
5. Tattoo marks
6. Dental evidence by the forensic deontologist
7. Clothing's
8. Photographs
Homicide Investigation
1. Victimology
What makes homicides unique from property and non-violent crimes is the
fact that there is a victim. The victim is very often the most important
investigative tool, since a lot of information can be revealed about the case
from studying the victim. If investigators can answer the question why the
victim was targeted, then they are often lead to the motive and potentially
their offender. Areas of the victim’s lifestyle, habits, relationships,
employment, personality, leisure activities, alcohol/drug abuse, dating
habits, etc. are excellent sources of information about what increased the
victim’s risk.
2. Crime Scene Indicators
 The location, environment, and time of day may present significant clues as
to the nature of the perpetrator and the amount of risk he is willing to take
and shed light on the motive of the criminal.
 It is also possible for there to be several crime scenes as well, such as if the
victim was transported at some point during the crime, and that may tell
investigators how organized the criminal is. The disposition of the body at
the crime scene, if it was concealed, displayed, or positioned may also tell
investigators a lot about the criminal and if there was a message sent by the
murder. Furthermore, items are often left at the scene, such as a weapon,
or removed from the scene, such as a souvenir, which can narrow down the
type of criminal, and restraints or other tools of the crime left at the scene
can potentially paint a better picture of the crime.
3. Staging
This is the purposeful alteration of the crime scene, meant to mislead
investigators. Inconsistencies in the crime scene often uncover staging
attempts.

4. Forensic Findings

The value of physical evidence at the crime scene is well known and can be
crucial to any homicide investigation. The cause of death, types of trauma,
indications of sexual assault, toxicology reports, and
hair/DNA/fingerprint/etc. analysis can all lead to apprehending the criminal.
5. Investigative Considerations
These considerations are usually taken once the homicide has been
classified, and may include search warrants, locating and interviewing
witnesses, and documenting the crime scene.

By using these defining characteristics as a starting point, investigators are


usually able to gather a lot of information that will help them in the case.
They also generate profiles of criminals to help them determine motive and
opportunity. Finally, the information that they gather may help investigators
link different crimes based on similar MO’s or criminal signatures, and may
be the key to breaking other cases.
• homicide is simply the killing of one person by another. It
may or may not be illegal.

• Murder is a homicide committed with “malice


aforethought.”
Common of external Violence
1. Contusion, or bruise, - is caused by a direct blow to the body that
can cause damage to the surface of the skin and to deeper tissues
as well depending on the severity of the blow.
2. Abrasions - are superficial injuries of the skin and visceral linings in
the body, resulting in a break in the continuity of tissue. These are
the simplest of injuries in terms of healing, with most injuries being
confined to the epidermis and resulting in minimal bleeding at
most.
3. Hematoma - A pool of mostly clotted blood that forms in an organ,
tissue, or body space. A hematoma is usually caused by a broken
blood vessel that was damaged by surgery or an injury.
4. Incised wound – A clean, straight cut caused by a sharp edge (i.e. a
knife). Tends to bleed heavily as multiple vessels may be cut
directly across. Connecting structures such as ligaments and
tendons may also be involved.
5. Stab wound – forcible application of a sharp pointed of a
sharp edges.
6. Punctured wound – produced by sharp pointed
instrument
7. Lacerated wound – tearing of the skin due to forcible
contact with blunt instrument, which the edges are
irregular.
Terms connected with Homicide
1. HOMICIDE – the killing of a human being by another human being
2. SORORICIDE – the killing of one’s sister
3. FRATRICIDE – killing of one’s brother
4. MARTICIDE – killing of a mother
5. PATRICIDE – the killing of father by his own child
6. PARRICIDE – the killing of a person to whom he is related such as parents,
grandparent, legal wife child or grand child.
7. INFANTICIDE – the killing of a child which is less than three days old
8. SUICIDE – thanking one’s own life intentionally and voluntarily
9. RGICIDE – the killing of a king
10. VATICIDE the murder of a prophet
11. ABORTICIDE – the killing of the fetus inside the womb (abortion)
12. EUTHNASIA – mercy killing or painless death of a person suffering from
incurable disease.
Death Investigation
1. Death investigation – deals with the postmortem
investigation of sudden and unexpected death.
 Forensic pathology – is the branch of medicine associated with the study of
structural changes in the body caused by disease or injury.

2. Death scene investigation;


 For the pathologist and criminal investigator to perform a thorough
investigation, the death scene must be well documented.
 By understanding the role of pathologist and the natural changes
that occur in the body after death, the criminal investigator can
gathered information that is useful to everyone involved in the
investigation.
3. Cause of death – this is the specific medical diagnose
denoting a disease or injury (myocardial, infraction,
strangulation, gunshot wound
a) Proximate cause of death – the initial injury that lead to a
sequences of event which caused the death of the victim.
b) Immediate cause of death – the injury or disease that finally
killed the individual.
Manner of Death
This is the determination deals with the legal implication
superimposed on biological causes and mechanism of death
A. Suicide
B. accidental
C. Natural cause
Role of Forensic Pathologist
1. Establishing the cause of death
2. Establishing manner of death
3. Estimating the time of death inferring the type of weapon
used
4. Establish the identity of the deceased
5. Determining the additive effects of trauma or pre -
existing condition.
POST MORTEM CHANGES OF THE BODY
1. POSTMORTEM –is in reference to event or changes that occur
after death.
2. ANTIMORTEM – is in reference to events or changes occur
before death.
3. ALGOR MORTIS – body cooling
4. LIVOR MORTIS - discoloration of the body and organ surface
5. RIGOR MORTIS – is a condition in which the muscle of the body
become hardened as a result of chemical changes within the
muscle fibers.
6. DESICCATION – occur most prominently on the mucus
membrane, which during life are kept moist.
7. DECOMPOSITION – decomposition also referred to as
purification
8. Purge – as the body begin to transform into a liquid state
and gases build within the body
9. Mummification occurs when the body dries out faster
than decomposition. Take place usually in hot, dry
environment.
THE EVIDENCE OF SUICIDAL GUNSHOT WOUND
• A near contact fire, evidence by burning or tattooing of the gun
powder.
• Presence of one gunshot wound
• Body part involved is accessible to the dexterous hand
• Presence of suicide notes
• wounding firearm is tightly held (cadaveric spasm)
EVIDENCE OF ACCIDENTAL SHOOTING
Usually one shot
No special of the body involved
Testimonies of witness
EVIDENCE OF HOMICIDE GUNSHOT WOUND
 Site of the entrance wood has no point of election
 Discharge of firearm is made when victim is some distance away
 Sign of struggle may be present
 Sign of disturbance in the surrounding maybe present.
ART 248 RPC
Any person who, not falling within the provisions of Article 246 shall
kill another, shall be guilty of murder and shall be punished by
reclusion temporal in its maximum period to death,
SEX CRIME
I. CONCEPT OF SEX CRIME
It is triggered by emotion. A person who commits a sex crime has lost control
of his emotion
II. THE CATEGORIES OF PECULIAR WAYS OF SEX OFFENDERS
1. PETISHISM – refers to a person who satisfied sex urge through wearing
of an object
2. SEX FANTASY OR DREAM WORld – the sex fantasy overcome the
offender who puts his dreams to reality to see if he will feel even better
and its importance to him.
3. SADISM – prior act of cruelty before the sex
4. MASCOHSIM – sexual satisfaction is gained by being humiliated, hurt or
beaten before the sexual act.
5. VOYEURISM – sexual gratification by looking at nude person, peeping
toms are included in this category.
6. NECROMANIA OR NECROPHILIA – sexual gratification on a dead person
or love towards a dead person.
7. PEDOPHILIA – sexual gratification where the victim are children
Republic Act 8353: An Act Expanding the Definition
of the Crime of Rape and Reclassifying the same as
Crime Against Persons.
Evidence in the investigation of Rape
1. Panty or other clothing of the victim
2. Determine signs of force such as injuries and laceration
on the part of the victim organ
3. Presence of seminal fluids inside her organ
4. Presence of the pubis hair of the suspect and victim
5. Testimonies of the witness
6. Written complaint of the victim
Rape: When And How Committed
By a man who shall have carnal knowledge of a woman under
any of the following circumstances:
1. Through force, threat, or intimidation;
2. When the offended party is deprived of reason or otherwise
unconscious;
3. By means of fraudulent machination or grave abuse of
authority; and
4. When the offended party is under twelve (12) years of age or
is demented,
5. even though none of the circumstances mentioned above be
present
2. By any person who, under any of the circumstances mentioned in
paragraph 1 hereof, shall commit an act of sexual assault by
inserting his penis into another person's mouth or anal orifice, or
any instrument or object, into the genital or anal orifice of another
person.
3. "Article 266-B. Penalty. - Rape shall be punished by reclusion
Perpetua. "Whenever the rape is committed with the use of a
deadly weapon or by two or more persons, the penalty shall be
reclusion Perpetua to death.
4. "When by reason or on the occasion of the rape, the victim has
become insane, the penalty shall become reclusion Perpetua to
death.
5. "When the rape is attempted and a homicide is committed by
reason or on the occasion thereof, the penalty shall be reclusion
Perpetua to death.
6. "When by reason or on the occasion of the rape, homicide is
committed, the penalty shall be death.
6. When the offender knows that he is afflicted with the Human
Immune-Deficiency Virus (HIV)/Acquired Immune Deficiency
Syndrome (AIDS) or any other sexually transmissible disease and
the virus or disease is transmitted to the victim;
7. When committed by any member of the Armed Forces of the
Philippines or paramilitary units thereof or the Philippine
National Police or any law enforcement agency or penal
institution, when the offender took advantage of his position to
facilitate the commission of the crime;
8. When by reason or on the occasion of the rape, the victim has
suffered permanent physical mutilation or disability;
9. When the offender knew of the pregnancy of the offended party
at the time of the commission of the crime; and
10. When the offender knew of the mental disability, emotional
disorder and/or physical handicap of the offended party at the
time of the commission of the crime.
RAPE - unlawful sexual activity and usually sexual intercourse

carried out forcibly or under threat of injury against a

person's will or with a person who is beneath a certain age or

incapable of valid consent because of mental illness, mental

deficiency, intoxication, unconsciousness, or deception


WHO CAN BE RAPED ?

Any one can be a victim but the incident of rape is more

rampant in woman and girl


STATUTORY RAPE

When a victim of rape is 12 years of age and below, it is

statuary rape. The reason for this is that even if a child

consented to the sexual intercourse, her consent in not

valid because by her age, she could not give valid consent
Interrogation and Interview
What is interrogation
• interrogation, in criminal law, process of questioning by which police
obtain evidence.
• The main purpose of a police Interrogation is to obtain a confession
and to come to the objective truth, or other critical information about
the crime, from an interviewed suspect, who is subject of
interrogation.
• When the police arrest someone they suspect has committed a crime,
they frequently interrogate the suspect to seek a confession. Whether
or not the suspect is actually guilty, the police interrogators may
attempt to manipulate them psychologically into giving a confession.
What are good interrogation questions?
• What happened? ...
• What was the date, time, and duration of the incident or behavior?
• How many times did this happen, that you're aware of?
• Where did it happen?
• How did it happen?
• Did anyone else see it happen? ...
• Was there physical contact? ...
• What did you do in response to the incident or behavior?
What is the law of interrogation?

Interrogation is, in criminal law, the process of questions asked by

police to a person arrested or suspected to seek answers to a crime.

Such person is entitled to be informed of his rights, including right to

have counsel present, and the consequences of his answers.


What is difference between interrogation and
interview?

• Although the purpose of both interviews and interrogations is

obtaining information, the interview is an informal procedure

whereas the interrogation is formally questioning a person with

information about a suspected crime.


What is the difference between investigation
and interrogation?

• Investigation refers to the study of facts used to identify, search, and

prove the guilt of an offender or criminal. An interrogation refers to

the verbal questioning of a suspect by law enforcement authorities

for the purpose of eliciting a statement or useful information.


Thank you!

“That's all in this course”

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