Chapter IV CDI

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 18

Chapter IV

The Three Tools or I's of Criminal Investigation

In criminal investigation, we have the so-called three tools or sometimes called as the I's of
criminal investigation to include: Information, Interview and Interrogation and
Instrumentation.

INFORMATION
It is the knowledge or facts which the investigator had gathered or acquired from persons or
documents, which are pertinent or relevant concerning the commission of the crime or
criminal activities. Psychologist estimate that approximately 85% of our knowledge is
gathered through sight, 13% from sense of hearing and only 2% through the three other
senses.

Psychological processes of accurate observation;


1. Attention - consist of the psychological process involve in becoming aware of an
existence of facts.
2. Perception- involve in the understanding fact of awareness.
3. Report - involved in identifying what has been perceive, narrated, and identified.

INFORMATION CLASSIFIED AS TO ITS SOURCES


1. 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.
2. Cultivated Sources - Information furnished by informants or informers.
3. Grapevines Sources - When the information is disclosed by the underworld
characters such as prisoners or ex-convicts.

GENERAL TYPES OF SUSPECT IDENTIFICATION

1. POSITIVE IDENTIFICATION- this use information that identifies an


individual beyond question and is legally acceptable as pertaining to and
originating from a particular individual.

Examples are the following:


 Information developed after comparing questioned with inked fingerprints;
 Result of DNA analysis of blood and semen.
2. TRACING IDENTIFICATION- this involves the use of all other information
that maybe indicative of the personal identity of an individual. Examples include
the following:
 Description of witnesses as to the appearance of culprits;
 Information about the presence of a suspect's personal belongings at the crime
scene.

SOURCES OF INFORMATION
1. Government Records - Police files, NBI files, Bureau of Immigration files,
COMELEC files, files from the local jails and the National Bureau of Prisons and
other government agencies.
2. Private Records- From private offices and business and non-government
organizations.
3. Intercepted Messages- From telephones, cellular phones, radio telecommunications
and other means of communications.
4. Records of the Firearms and Explosive Unit - Concerning licensed holders of
firearms and authorized possessor of explosives.
5. Fire Busting - Tracing the chain of possession of a firearm, from the manufacturer,
distributor, seller and to the last processor and possessor. (Applicable in US, wherein
This could be done through the files of the FBI and other US police agencies.
6. Stored Data on Computers and Cellphones - Only experts must be employed to
retrieve these stored data.

RULES ON COMPUTER EVIDENCE


a. When the computer is OFF at the time of arrival, do not turn it on.
b. When it is ON, do not turn it OFF nor touch its mouse or keyboard.
c. The unplugging of the computer whether it is ON or OFF should be done by
pulling out the cable directly from the back of the Central Processing Unit.
d. Each unplugged cable should be marked in the same marking corresponding to
the socket from where the cable was unplugged.
e. The computer should be carefully handled and packed for transport to the police
station.
f. Only computer forensic expert should search for any information or evidence
contained in the hardware.
g. The expert should duplicate the computer and the evidence custodian for future
court presentation should keep the original. Search and analysis must be
undertaken using the image disk.
THE INTERVIEW AND INTERROGATION
A Philosophy of Interview and Interrogation:
The RIGHT officer
asking the RIGHT questions
in the RIGHT manner
at the RIGHT time and in the RIGHT place
will get the RIGHT answers.

INTERVIEW is the simple questioning of a person who cooperates with the investigator. In
the account of the interview, the witnesses voluntarily give their accounts about the
commission of a crime. Cognitive Interview is a form or technique in the conduct of
interview upon willing and cooperative witnesses, where they are given the full opportunity
to narrate their accounts without intervention interruption and interference from the
interviewer. After the subject has finished his narration, the investigator now subjects him to
the style of direct examination and cross-examination, to clarify the unexplained portions to
arrive at a vivid and complete picture of the testimony.
Question and Answer style of interview are also practiced by some investigators whereby
after each. question by the investigator, the interviewee is required to answer on what he
knows about what is being asked.

THE GOLDEN RULE IN INTERVIEW


"Never conduct or let anyone conduct an interview if the interviewer has not gone to
the crime scene." The questioning should be in agreement with the facts and conditions at the
crime scene. The questioning will lead wayward for the interviewer who had not seen
personally the crime scene and he will not be in a position to distinguish half-truths,
exaggerations of falsehood from the answers of the person being interviewed.
QUALITIES OF A GOOD INTERVIEWER
a. Rapport- It is the relation between the interviewer and the interviewee, which is
conducive to a fruitful result.
b. Forceful Personality- The appearance of the interviewer and other qualities such as
skills of communication techniques or the force of his language are the mainstays of
the strength of his character.
c. Knowledge of Human Behavior
d. Conversational Tone of Voice - His tone of voice must be conversational, not
confrontational as in interrogation.
e. Acting Qualities - He must possess the qualities of an actor, salesman and
psychologist and know how to use the power of persuasion.
f. Humility- He must be courteous, sympathetic and humble, ready to ask apologies for
the inconvenience of the interviewer.
REASONS WHY WITNESSES REFUSE TO TALK OR TESTIFY
a. Fear of Reprisal-Witnesses who lack the courage to face the suspect, his associates or
relatives always entertain the fear of reprisal.
b. Great Inconvenience- On the part of those of hand-to-mouth existence there is this
real inconvenience, which will deprive them the time to earn for their living especially
during the ordeal of testifying during the trial.
c. Hatred Against the Police - This hatred maybe due to previous bad experience with
rogue members of the police organization.
d. Bias of the Witness - The witness maybe an acquaintance, friend, helper, or benefactor
of the suspect.
e. Avoidance of Publicity- There are witnesses who are shy and they shun publicity that
will bring discomfort to their ordinary or obscure way of living.
f. Family Restriction- Some famous and respected families preserve their reputations by
instilling to their members the need of the approval of their elders on matters affecting
their families.

OPENING THE INTERVIEW


1. The interviewer should identify himself and the agency to which he belongs.
2. He should try to size up the interviewee and reach to tentative conclusion about his
type, then use the best interview approach.
3. He should keep in mind the provisions of law regarding the rights of people under
custodial investigation.

THE STAGES OF HANDLING INTERVIEW


a. Preparation/Planning- The investigator should review the facts at the crime scene
and information from other sources in order that he would be ready for the
questioning. A background data of the subject should be available so that he could
adapt himself to the kind of approach to be employed.
In planning the interview, the interviewer should consider:
a) The facts of the case which have been established so far.
b) The information needed to complete the picture.
c) The sources of information that may be consulted such as files and record.
d) The possibility of confronting the suspect with physical evidence.
e) The time available for the interview.
f) The time allowed by law.
b. Approach-The investigator must carefully select his kind of approach, which maybe
a single kind, a combination of two or the application of all techniques.
c. Warming Up - This is done by preliminary or exploratory questions to clear the
atmosphere, promote a conducive ground for cordiality, respect and trust for each
other.
d. Cognitive Interview - The subject now is asked to narrate his account without
interruption, intervention or interference. It is only after the completion of the
uninterrupted narration that the investigator begins his direct and cross- examinations

RULES IN QUESTIONING A PERSON


a. One Question at a Time- Multiple, complex and legalistic questions should be
avoided. One a. One Question at a Time question at a time is desired.
b. Avoid Implied Answers- The nod of the head or any other body language as a
response to the questions should be avoided. The answers must be oral, clear, explicit
and responsive to the questions.
c. Simplicity of Questions- 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.
d. Saving Faces- Embarrassing questions on the subject on matters of exaggeration or
honest errors about time, distance and description can be avoided if the investigator
will cooperate with the subject "to save his face. The investigator should not fault or
ridicule the subject on these matters.
e. Yes and No Answers - 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.
Note: The interviewer should always leave the door open for a re-interview. Don't
forget to say "THANK YOU" after the interview.

TYPES OF WITNESSES ACCORDING TO THEIR ATTITUDE


a. Know-Nothing Type - These are the reluctant type of witnesses.
b. Disinterested Type- This is the uncooperative and indifferent subject.
c. The Drunken Type - The style of questioning by the investigator should be adapted
to the psychology of the subject. When the drunken subject has sobered, another
interview will be conducted, confronting him about his disclosures while in the state
of drunkenness. The written statement must be taken during his sobriety.
d. Talkative Type - These are witnesses who are prone to exaggerate, adding irrelevant
or new matters to their narration.
e. Honest Witnesses - These are the truthful and cooperative witnesses where the
investigator could rely upon, with little or no problem in handling them.
f. Deceitful Witness - These are the liar type of witnesses.
g. Timid Witnesses - They are the shy witnesses. The approach must be friendly and
reassuring confidentiality of their information. They should be hidden from the
devouring press by interviews or photo sessions.
h. Refusal to Talk Witnesses- These are the most difficult subjects to deal with. Find
out the reasons of their personality. The cause maybe trauma, shock, fear, hatred, and
others. Remove these fetters of silence and they will start talking.

INTERROGATION
Interrogation is the vigorous and confrontational questioning of a reluctant suspect
about his participation in a crime; is the process of obtaining an admission or confession
from those suspects which means that the suspect is confronted about his participation in
the commission in an offense. is the act or process of questioning somebody closely, often
in an aggressive manner, especially as part of an official investigation or trial.

Goals of interrogation:
 To find out the truth about the crime.
 To obtain an admission or confession of guilt from the suspect.
 To gain all facts in order to determine the method of operation or modus operandi and
the circumstances of the crime in question.
 To collect information that guides investigators to arrive at a logical conclusion.

CONFESSION DISTINGUISHED FROM ADMISSION


 Confession is the declaration of the accused acknowledging his guilt arising from the
commission of a crime.
 Admission is an acknowledgement of a fact or circumstance without accepting guilt.
Guilt maybe inferred in admission. When an accused confessed to the commission of
a crime, he accepts the facts constituting the offense but if he interposes self-defense
or other exculpatory grounds, then his acknowledgement is not a confession but
admission.

KINDS OF CONFESSION
1. Extra Judicial Confession - Those made by the suspect during custodial
investigation. Simply explained are that those confessions are made outside of the
Court.
Sec 3, Rule 133, Rules of Court - Extra judicial confession, 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.
2. Judicial Confession-Those made by the accused in open Court. The plea of guilt
maybe during arraignment or any stage of the proceedings where the accused
changes his plea of not guilty to guilty.
Sec. 2, Rule 129, Rules of Court states that "Judicial Admission is made by the party in
the pleadings, or in the course of the trial or other proceedings do not require proof and
cannot be contradicted unless previously shown to have been made through palpable
mistake."

KINDS OF EXTRA-JUDICIAL CONFESSION


a. Voluntary Extra-judicial Confession- The confession is voluntary when the accused
speaks of his free will and accord, without inducement of any kind, with a full and
complete knowledge of the nature and the consequence of the confession.
b. Involuntary Extra-judicial Confession- Confessions obtained through force, threat,
intimidation, duress or anything influencing the voluntary act of the confessor.

IMPORTANT NOTE:
Confessions obtained from the defendant by means of force or intimidation/violence is
NULL AND VOID, and cannot be used against him/her in the trial.
A confession made under the influence of spiritual advice or exhortation is not
admissible. The same through as confession made under the influence of paternal sentiment is
not admissible as evidence.

Phases of interrogation;
a. Planning and preparation - this refers to the interrogator keep himself aware on the
situation and he must observe and analyze the interroge without his knowledge.
b. Approach- in this step, the interrogator should keep in mind to gain rapport with the
subject.
c. Questioning - this is considered the hearth of interrogation. Were all techniques could
apply to obtain information from the subject.
d. Termination- this refers to the ending of the interrogation process, and it should end
in a friendly manner.
e. Recording - this refers to place in document the result of the interrogation, in this
process it is advisable to tape record all conversation.
f. Reporting- this is the end product of the interrogation.

THE TECHNIQUES OF INTERROGATION


A. EMOTIONAL APPEAL - This is a technique where the investigator, combining his
skills of an actor and a psychologist, addresses the suspect with an emotional appeal
to confess. Devotees of a religion may belong to this type.
B. SYMPATHETIC APPROACH - The investigator, in his preliminary or probing
questions must dig deep into the past troubles, plight and unfortunate events in the
life of the suspect. An offer of help, kindness, friendliness, may win his cooperation.
C. FRIENDLINESS - A friendly approach coupled with a posture of sincerity may
induce the suspect to confess.
D. TRICKS AND BLUFF TECHNIQUES
(1) The Pretense of Solid Evidence against the Accused
(2) The Weakest Link
(3) Drama
(4) Feigning Contact with Family Members
(5) The Line Up Method (Accused is lined-up among suspects)
(6) Reverse Line Up (Accused is alone and coached witnesses and victims are piled to make
accusations against the accused)
E. STERN APPROACH - The investigator displays a stern (demands immediate response)
personality towards the suspect by using the following methods:
 Jolting In the questioning process, the investigator selects the right moment to shout a
pertinent question in an apparent righteous outrage. The suspect's nerves will break to
a confession.
 Opportunity to Lie-The suspect is given all the opportunities to lie. The suspect is
questioned about his personal life, family, friends and his knowledge about the
complainant and witnesses. Then the suspect is questioned about his activity prior,
during and after the commission of the crime.
F. THE MUTT AND JEFF OR SWEET AND SOUR METHOD
 The first set of investigators must appear to be rough, mean and dangerous. When
they had finished the interrogation, the second investigator intervenes by stopping
the first set of investigators. By being sympathetic and understanding, he begins
his interrogation. If the suspect still refuses to cooperate, then the process is
repeated until there is a confession.
G. REMOVING BARRIER THE ETHNIC OR CULTURAL
 If the suspect is a Gaddang, a Gaddang investigator and the same should
interrogate him, the same with other ethnic or cultural groups. It is the Filipino's
way of life that we put our trust and confidence to those who belong to our clan or
tribe. The interrogation must be in the language or dialect of the suspect so that we
could get his full confidence. This is removing the language barrier.
H. SEARCHING FOR THE SOFT SPOT
 In every man's heart, there is always that softest spot. The heart may have been
hardened to steal by poverty, destitution, hopelessness, despair, apathy,
indifference, injustice, hatred or other factors, yet there is always that spot which
could be discovered by the investigator thru his knowledge of human behavior.
That spots maybe the youngest child, the wife, the mother, and the brother who
acted as his father, the grandparents or the best friend.
ADDITIONAL MODERN TECHNIQUES OF INTERROGATION
a. Rationalization- It is the use of reasons, which is acceptable to the subject that led to
the commission of the crime. Thus, it maybe said that sometimes, killing is a
necessity rather than by purpose or design. Robbery maybe a necessity to feed a
starving family.
b. Projection- It is the process of putting the blame to other persons, not alone to the
suspect. The murderer may blame the mastermind for corrupting him with big sums of
money, or the mastermind blaming the greediness of the victim or the husband
blaming the wife for her infidelity.
c. Minimization- It is the act of minimizing the culpability of the suspect. The
investigator convinces the suspect that a confession will reduce the offense and the
penalty. Thus, the investigator could study it if there is a way to downgrade murder to
homicide or the introduction of mitigating circumstances with the result of the penalty
being within the range of probation.
The following are signs of deception, which may help the investigator corner the subject,
some of which are:
a. Pulsation of the carotic (neck)artery.
b. Excessive activity of the Adam's apple.
c. Avoiding the eyes of the interrogator, swinging one leg over the other foot-wiggling,
wringing of the hands, tapping of fingers, picking fingernails, etc.
d. Dryness of the mouth.
e. Swearing to the truthfulness of assertions. This is frequently used by guilty subjects to
strengthen their assertions of innocence.
f. "Spotless Past Record"- "Religious Man". These are asserted to support statements which
the subject knows, and realizes the interrogator knows, to be false.
g. A "Not That I Remember" or " As Far As I Know" expression should be treated as a veiled
admission or half-truth.

Modes of Extra-judicial Identification of Accused


a. Show-ups-where accused alone is brought face to-face with the witness for
identification.
b. Mug shots-where photographs are shown to the witness for identification.
c. Line-ups-where a witness identifies the suspect from a group of persons lined up for
the purpose

 Identification will be admissible if it passes the totality of circumstances test


which considers the following factors:
i. The witness' opportunity to view the criminal at the time of the crime
ii. Witness' degree of attention at that time fill.
iii. Accuracy of any prior description by the witness
iv. The level of certainty demonstrated by the witness at the identification
v. Length of time between the crime and identification
vi. Suggestiveness of the identification procedure

INSTRUMENTATION
This is sometimes called Criminalistics. 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.
 It is a process of applying instruments or tools of the Police Sciences in criminal
Investigation and detection (the used of Police Laboratory)
 It is the application of instruments and the laws of physical sciences in the
investigation and detection of crimes and criminals. This is otherwise known as
CRIMINALISTICS.

Methods of Instrumentation:
1. Polygraph Examination or Lie Detector Test
POLYGRAPHY or POLYGRAPH SCIENCE is the scientific method of detecting
deception using an instrument called polygraph. Some people consider polygraphy as
the new name of lie detection.
POLYGRAPH, A polygraph is a scientific instrument that simultaneously records the
changes in physiological processes of the human body and capable of recording
internal bodily changes, such as blood-pressure/pulse-rates, respiration, electro-
dermal properties of the skin or the Galvanic Skin-Reflex (GSR), which are
indicative of emotional excitement, especially lying, when questioned.
In polygraphy, the SUBJECT refers to the person to be (or being) examined, usually
a suspected criminal. The subject is also called examinee.
The EXAMINER is the expert in polygraph science who uses polygraph instrument
to verify truthfulness of a subject's statement or testimony. Other descriptions for the
examiner are polygraphist, forensic psychophysiologist (FP) and polygraph examiner
(PE).
The REQUESTING PARTY refers to the person or persons who ask for the services
of the examiner to help verify the truthfulness of a subject's statement or testimony.
The requesting party is usually the investigator of the case that requires the
polygraph examination.
POLYGRAPH TEST It is the actual test whereby the reactions of the subject on a
specific stimulus are being recorded using the polygraph instrument is the specific part
of the polygraph examination that transpires from the moment the chart drive
(kymograph) is turned on until it is turned off.
PRE-TEST INTERVIEW is the first official stage of polygraph examination whereby
the subject is informed about the nature of the examination including his rights in
relation to the examination and conditioned to take the test. During pre-test interview,
the subject is conditioned for the next stage of examination known as instrumentation.
INSTRUMENTATION is the stage of polygraph examination whereby polygraph
instrument is actually used while asking questions to the subject. This is also known as
the actual test. It encompasses chart collection and chart analysis.
POST-TEST QUESTIONING refers to the questioning that concludes the examination,
either in the form of post-test interview or post- test interrogation.
What are the objectives of using Polygraph services?
In crime detection and investigation, the common objectives of using polygraph services are
the following:
1. To ascertain if a person (witness/suspect) is telling the truth
2. To locate the fruit/s and/or instruments of the crime under investigation
3. To obtain additional investigative leads to the facts of the case/offense
4. To locate the whereabouts of suspects and wanted persons
5. To identify suspects, witnesses, and/or victims involved in the criminal/civil case
6. To recover valuable information from reluctant witnesses
7. To eliminate innocent suspects
What are principal uses of the plygraph examination
There are 5 main uses of polygraph examination.
1. Aid in investigation of criminal and civil cases
2. Speeds up investigation process
3. Eliminate innocent suspects
4. Pre-employment screening
5. Personnel test for honesty
What are the limitations of the polygraph instruments?
The polygraph instrument is –
1. invaluable investigative aid but never a substitute for an investigation.
2. not a lie detector, it is only a scientific diagnostic instrument.
3. not capable of determining facts, it only records responses of the subject.
4. not 100% accurate or 100% reliable, its accuracy depends on the examiner's competency.

2. Police Photography
Police Photography is the study of the general techniques of photographing the crime scene,
physical evidences, and other circumstances that can be used for law enforcement purposes.
It is a field that focuses on the practical application of photography in police work (law
enforcement operations).
Forensic Photography is that field covering legal application of photography in criminal
jurisprudence and criminal investigation. It is that branch of forensic science, dealing with the
pragmatic
1. study of the fundamental but principles of photography;
2. application of photography in law enforcement; and
3. preparation of photographic evidences needed by prosecutors and courts of law.
Fields of Photography Significant in Police Work
 Photomicrography- involves the process of photographing minute objects when
magnified by means of the microscope and enlarged 10 times (10x) or larger
 Photomacrography- involves the process of photographing objects that are directly
enlarged at the negatives and magnified up to 9X only
 Infra-red Photography- the technique of photographing or recording unseen objects
by means of infra-red light and infra-red film; example is the practice of
photographing charred or burnt materials & overwritten texts
 Ultraviolet- Photography the technique of photographing unseen objects by the use
of ultra-violet light and filters; example is the process of photographing overwritten
text and marked money
 X-ray Photography- X-ray photography involves the process of photographing or
recording internal structure of the human body

1. Forensic Medicine

Legal Medicine- is the branch of medicine which deals with the application of
medical knowledge to the purposes of law and justice.
Forensic Medicine- is a branch of medical science which deals with the application
of medical knowledge to elucidate legal problems.
Methods of Preserving Evidences:
Photography and sound recording, video, audio, microfilm.
Sketching
Description
Testimony of witnesses/ Preservation in the mind of Witnesses
Manikin Method

Kinds of Witnesses:

Expert Witness the opinion of the witness regarding a question of science, arts or
trade, where he is skilled therein, may be received in evidence.
Ordinary Witnesses- all persons who, having organs of sense, can perceive, the
perceiving can make known their perception to others, may be witnesses.
Medico-legal aspect of Identification.

When an unknown body is found, the following should be noted by the investigator to
facilitate identification:
3. Place where body was found.
4. Time when found
5. Cause of death
6. Time when death occurred
7. Approximate age
8. Supposed profession
9. Description of the body
Points of identification Applicable to both living and death before onset of
decomposition.
1. Occupation mark
2. Race a. color of skin b. feature of face
3. Stature
4. Teeth
5. Tattoo marks
6. Weight
7. Deformities
8. Birth marks
9. Injuries leaving permanent result
10. Moles
11. Scars
12. Tribal marks
13. Sexual organ
14. Blood group
15. Finger prints
Signs of Death
1. Cessation of heart action and circulation.
2. Cessation respiration - for a period not longer than 3-1/2 minutes.
3. Cooling of the body (ALGOR MORTIS) - The fall of temperature of 14-20 degrees
Fahrenheit is considered as a certain sign of death.
4. Insensibility of the body and loss of power to move
5. Changes in and about the eye
6. Loss of cornmeal reflex
7. Clouding of the cornea
Changes in the body following death
1 Stage of Primary flaccidity or stage of muscular irritability -The muscles are relaxed and
capable of contracting when stimulated. The pupils are dilated, the sphincters are relaxed, and
there is incontinence of urination and defecation.
2. Stage of Rigor mortis (post-mortem rigidly or cadaveric rigidity or death struggle of
muscle) -The whole body becomes rigid due to the contraction of the muscles. This develops
three to six hours after death and may last from 24- 36 hours.
3. Stage of secondary flaccidity or decay muscles. The muscles become flaccid, no longer
capable of responding to mechanical to electrical stimulus and the reaction becomes alkaline.
4. Putrefaction or decay
5. Cadaveric lividity or post-mortem lividity
AUTOPSY
 Autopsy came from the Greek word autopsia, meaning "seeing with your own eyes."
 AUTOPSY (Sometimes Called MEDICOLEGAL EXAMINATION) is the process by
which the PATHOLOGIST or the MEDICO LEGAL OFFICER conducts an
examination on the cadaver to determine the exact cause of death. Autopsy should be
performed at once when there is the slightest reason to suspect the probability of
homicide.
 After the autopsy was conducted by a medico- legal officer, a report shall be
accomplished by him to stating the cause of death of the person.

AUTOPSY/ NECROLOGY REPORT


 Autopsy is more detailed compared to Post Mortem Examination.
POST MORTEM EXAMINATION is the process of examination conducted by a
medico-legal officer to the cadaver of person at the crime scene to find out facts that
may lead to reasons of death.
2. Forensic Chemistry and Toxicology

Forensic chemistry is defined as the application of chemical principles in the


examination of physical evidence in solution to problems that arise in connection with
the administration of justice. It encompasses a large field in the determination and
analysis of the crime evidence.
Forensic toxicology is a hybrid of analytical chemistry and fundamental toxicological
principles. It is concerned primarily with the medico-legal aspect of the harmful effects
of chemicals on humans and animals as well.
The role of the forensic toxicologist is limited to matters that pertain to violations of
criminal law. This is the most difficult criminalistic procedure since it needs a great deal
of experience and a large amount of laboratory works to make the analysis.
A forensic chemistry laboratory can:
- Examine blood and other bodily fluids
- Determine gunpowder residues and explosives.
- Examine wine, vinegar, and other substances for unfair trade competition.
- Examine prohibited and regulated drugs.
- Examine the chemical aspects of hair, textile fibers, and documents.
- Examine glass fragments, fractures, and moulage.
- Examine the nature, physiological action, chemical and physical dosage, detection, and
treatment of poisons.

3. Forensic Ballistics

What is Forensic Ballistics?


- Refers to the science of investigation and identification of firearms and ammunition
used in crimes.
- The term Forensic originated from the Latin word FORUM, meaning market place,
because this is where judicial trials of Rome during the Roman times or it means
debatable argumentation in relation to the court of justice.
- More broadly, the word Forensic has become almost synonymous with Legal. For
instances "FORENSIC MEDICINE" means Legal Medicine.
What is Ballistics?
- is the science that deals with the study of the motion of the projectile or simply the
science of firearms identification.
- in its legal meaning, it is the microscopic examination of fired cartridge cases and
bullets together with the recording and presentation by means of photography a what is
revealed by the microscope.
IMPORTANCE OF FORENSIC BALLISTICS;
1. Firearms identification plays an in the administration of justice. important role
2. This science has advantage over confessions, direct witness and other circumstantial
evidence.
3. It is regarded as the highest form of uncontestable and conclusive piece of evidence
with the utmost legal significance.
Some important terms:
1. Caliber - is a term used to indicate the bore diameter measured from land to land.
2. Gauge - as applied to shotgun indicates that the bore diameter of a lead ball whose
weight in pounds is equal to the reciprocal gauge index.
3. Bullet Recovery Box - is a device for catching test bullets fired from the suspected
firearms or weapons.
4. Photomicrographic Camera - a camera used by connecting the camera with the ocular
of the bullet comparison microscope for permanently recording the microscope image.
5. Pitch of rifling - is the distance that the rifling advances to make one complete turn.
6. Caliper- a measuring device used in the calibration of bullets and gun bores.
7. Choke- the constriction of a shotgun bore - at the muzzle at various ranges or degrees
designed to control pellet charged at the target.
8. Chronograph -instrument which measure the velocity of projectiles.
9. Class Characteristics- those which are determinable prior to the manufacturer of the
firearm and are Bullet Comparison Microscope - is a microscope especially designed to
permit workers to determine points of similarity or difference between two objects by
observing their multi-magnified images simultaneously in a single microscope field.
10. Individual Characteristics- those which are determinable only after the manufacturer
of the firearms. They are characteristics whose existence is beyond the control of man and
which have random about by the tools in their normal in a firearms resulting through wear
and tear abuse mutilation, corrosion, erosion and other fortuitous causes.
11. Recoil - the equal and opposite reaction of the gun against the forward movement of
the bullet during explosion.

4. Dactyloscopy
DACTYLOSCOPY - is the study of classification of fingerprints as a means of
identification.
 from root word Dactyl (dactile)
 GREEK word DAKTYLOS meaning FINGER.
SCIENCE OF FINGERPRINTS
 is the most positive means of personal identification. It has been found out that the
intricate pattern on the fingers are permanent to individual and never undergo a
natural change., except in the size of the pattern during the life time of individual
 Friction skin patterns/designs/ formations appear on the finger tips, palms of the
hands and soles of the feet five (5) months before birth to DEATH.
 FINGERPRINTS probability of an individual to have the same fingerprint is 1:64
billion.
DEFINITION OF FINGERPRINTS
As an IMPRESSION:
It is the reproduction of pattern or design formed by the ridges on smooth surface of
the end joint by the fingers or thumb, through the medium of ink or any coloring substance
capable of producing visibility.
As a SCIENCE:
It is the identification of person by means of the ridges appearing on the fingers, on
the palms and on the soles of the feet.
NATURE OF FINGERPRINT AND PRINCIPLES
1. PRINCIPLES OF CONSTANCY - Fingerprint ridges are formed during the third to
fourth or sometimes fifth month of fetal development. These ridges consist of
individual characteristics called ridge endings, bifurcations, dots ad many ridge shape
variances.
This principle was proven by Sir William James Herschel whose fingerprint had been
recorded in the span of almost 57 years in a different event and age of his life.
2. PRINCIPLES OF INDIVIDUALITY - no two fingerprints of different person or the
neighboring finger of the same person have ever been found to be identical or exactly
80 Fundamentals of Investigation and Intelligence alike in all respects, and it has been
studied and proven that ridges appearing in fingerprints of a man wherein it has been
used as an infallible means of identification.
3. Principles of Infallibility Fingerprint- fingerprints is exempt from error of
judgment. Mans fingerprints cannot be forged. Criminals have tried to destroy their
fingerprints in an effort to fool Justice, even if they cut his finger with a razor, or
knife, time brought new ridge to the surface. True, there were scars in the lower layer
of the skin, but the patterns were so distinct that when classifying will show positive
identification of the its real identity.

5. Questioned Document Examination

DOCUMENT
Is any material which contain marks, symbols or signs either visible, partially
visible or invisible that may presently or ultimately convey a meaning or message to
someone. Pencil or ink writing, typewriting or printing on paper is its most usual form.

QUESTIONED DOCUMENT
- Any document about which some issue has been raised or under scrutiny, with respect
to its genuineness and its origin.
Holographic Document refers to any document completely signed and written by one
person.
Graphology refers to the study of handwriting to determine one personality trait. This
is not part of handwriting analysis and is not I considered a science.
Albert S. Osborn, considered as the "Father of Questioned Documents published his
work Questioned Documents in 1910. In 1935, the Lindbergh baby kidnapping case,
State vs. Hauptmann Osborn proved in court as an expert witness that the accused
Bruno Richard Hauptmann had written all of the ransom notes found or sent after the
abduction of the son of Charles A. Lindbergh leading to the conviction of the accused.
Questioned document examination principally covers:
- Identification of seal, stamps and other authenticating devices.
- Examination of handwriting which includes signatures and handwriting for the
purpose of determining authorship their genuineness.
- Examination of type prints and typewriting for the purpose of determining their source
or genuineness
- Detection of alteration
- Restoration of obliterated writing
- Decipherment of erased writing
- Determination of age of documents.

CARE, PRESERVATION AND HANDLING OF QUESTIONED DOCUMENT


EVIDENCE
1. Disputed documents should not be cut, torn in any manner mutilated in the slightest
degree.
2. Documents should not be touched with an eraser or any kind, nor with pen, pencil, or sharp
instrument of any character.
3. Documents should not be folded in any new place.
4. Documents should not be folded and unfolded unnecessarily.
5. Except by special permission, no chemicals should apply to papers in any manner that will
be deface them, and test of this kind should be made only by those properly qualified to make
them.
6. Never point closely at letters or any parts of it with a pencil

You might also like