Professional Documents
Culture Documents
Cdi 211
Cdi 211
INVESTIGATION
AND
INTELLIGENCE
INVESTIGARE/ VESTIGARE- “ to
tract or to look into for traces”
It is not governed by
rigid rules or
principles
Laws applicable in Criminal Investigation
1. Right to remain silent. Anything that he/she may say may be used against
him/her in any court of law.
2. Right to have a counsel preferably of his/her own choice and if he/she has
none, the government must provide one for him
3. Right to be informed of the nature of the charges against him and whatever
he/she says may be used for or against him/her; and
4. Right to be informed of such rights under the Constitution.
TAKE NOTE:
These rights could be validly waived in writing and with the assistance of a
counsel in order that the ensuing confession be admissible in evidence. The
confession must also be in writing, signed and sworn to by the accused.
In the Miranda v Arizona case, the court addressed the question on how to enforce
a suspect’s right to counsel and right against self- incrimination. The court
concluded that police officers must specifically inform suspects of these rights and
inform them that if they give up these rights their statements can be used against
them.
Republic Act No. 7438 (April 27, 1992)
-Criminal investigators are fact-finders since they focus their efforts on facts
that are related to criminal activities. They could be detectives from the
government or from the private sector. Some are even fictitious just like
Sherlock Holmes.
Roles of Investigator:
1. Determine whether a crime has been committed.
2. Identify the victim/s and the offender
3. Locate and apprehend the accused
4. Present evidence of guilt for the suspect/s
5. Assist in case follow up
Qualities of a Criminal Investigator:
1. Perseverance- bring the desired conclusion in spite of
obtacles.
2. Endurance- is the ability to last physically and mentally.
3. Incorruptible Honesty and Integrity
4. The Intelligence and wisdom of Solomon- investigator
could easily decipher falsehood from truth and separate the
grain from the chaff.
5. Acting Ability- the ability to go down to
the level of different types of individuals.
2. Inquest
● It is an effort to search the basic cause of an incident such as the commission of
a crime.
3. Inquisition
● A more historical description than a current usage to
describe any penetrating investigation concerning a
religious issue.
4. Probe
● Similar to formal investigation, is an extensive,
searching inquiry conducted by a government agency.
5. Research
● It is the most employed type of investigation refers to the careful, patient
investigation done by scientist or scholars in their efforts to identify original sources
of data or causes of problem.
6. Investigative Reporting
● Relatively speaking, is a recent type of investigation pursued by the members of
the press on their own initiative.
It is designed to satisfy two purposes.
✔ To attract readers/viewers
✔ To get to the roots of the problem
H. Categories of Criminal Investigation
according to John Dempsey
1.Criminal Investigation vs Non-Criminal Investigation
● Criminal Investigation - carried out by the police.
Thegolden rule states “Do not touch, alter, move, or transfer any
object at the crime scene unless it is properly marked, measured,
sketched and/or photographed.”
a. Personal reconnaissance
b. Map reconnaissance
c. Research
d. Prior information
e. Hearsay
Information desired in Casing
b. Active opposition
b. According to Methods
● Stationary /fixed(stake-out)-when subject is not expected to move from one area.
● Moving (tailing/shadowing)- when subject moves from one place to another
● Technical- uses of communications and electronics
Shadowing, Tailing or Roping
a. Binocular or telescopes
b. Two-Man Shadow
a. Involuntary
b. Voluntary
c. Habitual
Factors Governing Report
a. Vocabulary
b. Time log
c. support agent
6. COVER AND UNDERCOVER
● Placement
● Access
- Primary Access
- Secondary Access
- Outside Access
General Nature of Agent Handling
Agent handler – Refers to a person who manage the so called agents (called
secret agents or spies in common parlance), principal agents, and agent
networks (called "assets") by intelligence officers typically known as case
officers.
The Types of Informants
● Anonymous Informant -those who give information through telephone with the hope that
the informant cannot be identified.
● Rival-Elimination Informant- an informant is usually an anonymous caller who tries to
inform the police regarding a particular criminal activity to eliminate a rival or competitor.
The elimination of rivals can provide an opportunity to a group of individuals to
monopolize an illegal business in order to increase their income.
● False Informant -an informant who reveals information usually of no consequence or
untrue in order to mislead the police r investigation of the case at hand.
● Frightened Informant- an informant who gives information to the police because of the
belief that his safety and the safety of his loved ones might be compromised. This
frightened informant is usually molded by fear of self-interest.
● Self-Aggrandizing Informant -an informant who has many contacts in criminal circles
and feels importance by giving information to the police. A type of informant surprisingly
provides information regarding a crime to win favorable attention from the media which
could put him in the spotlight, making him an instant celebrity.
● Confidential Informant -an informant who gives information to the police pertaining to
the underworld about organized criminals with the understanding that his identity will be
protected.
● Double-Crosser Informant -he/she gives information, but the objective is also to get more
information from the police and their activities.
● Women Informant- She could be an associate of the syndicate. She uses her body to
obtain more information.
Motives of Informants
1.Reward
2.Revenge
3.Patriotism
4.Fear and avoidance of punishment
5.Friendship/Career Development
6.Vanity
7.Civic-mindedness
8.Repentance
9.Competition
STEPS OF INFORMANTS RECRUITMENTS
1. SELECTION
It (SIAT)
is particularly desires to identify and recruit an informant who has access to many criminal in-groups or
subversive organizations. Access is probability the single most important feature in the consideration of recruiting
the potential informants.
2. INVESTIGATION
The investigation of the potential informants who is tentatively identified as "probable" must be as thorough as
possible. It must establish possible existing motives as to why this person might assist the police intelligence
community. If necessary, conduct background investigation (CBI).
3. APPROACH
This must be done in a setting with pleasant surroundings like a confidential apartment which is completely free
from any probability of compromise. The place is preferably in an adjacent city or remote area foreign to the
informants living pattern. In here, it also includes explanation of contract.
4. TESTING
It should begin with limited assignment, with gradual integration into more important areas. The occasional testing
of an informant should continue though the entire affiliation.
Factors to consider in Informant Recruitment
● Sex
● Health
● Ability
● Age
● Education
● Personality
Dismissal of Informants
● The handler should avoid antagonizing the
informant.
1. Rapport
2. Forceful Personality
3. Knowledge of Human Behavior
4. Conversational Tone of Voice
5. Acting Qualities
6. Humility
Interview Format (IRONIC)
1. Identity - The investigator should identify himself to the witness by name,
rank and agency.
2. Rapport
3. Opening Statement
4. Narration- Allowing the witness to present in a narrative form without
injecting questions.
5. Inquiry- After the witness has told the story, the investigator can make
clarifying inquiries.
6. Conclusion -The interview should be concluded when the witness has
nothing pertinent to offer.
Reasons Why Witnesses Refuse to Talk or
Testify
1. Fear of Reprisal
2. Great Inconvenience
3. Hatred Against the Police
4. Bias of the Witness
5. Avoidance of Publicity
6. Family Restriction
Stages of Handling the Interview
●Preparation – investigator should review the facts in order that he
would be ready for the questioning.
● Approach – investigator must carefully select his kind of
approach.
● Warming Up –clear the atmosphere, promote a conducive ground
for cordiality, respect and trust for each other.
● Cognitive Interview
Rules in Questioning a Person Involved in
a Crime
1. Ask Question at a Time
2. Avoid Implied Answers
3. Questions should be clearly stated
4. Saving Faces
5. Yes and No Answers are not Allowed
Types of Witnesses According To Their
Attitude
1. Know-nothing Type
2. Disinterested Type
3. The Drunken Type
4. Talkative Type
5. Honest Witnesses
6. Timid Witnesses
7. Witnesses who refuse to answer
Tools of Criminal Investigation:
Interrogation
.Interrogation
is the aggressive and confrontational questioning of a person about his participation in a
crime.
The subject maybe a suspected offender or a person who is reluctant or unwilling to
make a full disclosure of information in his possession which is pertinent to the
investigation of a criminal case.
is an art employed in questioning suspects for the purpose of getting specific
information which could be in the form of admission or confession about the
commission of a felony or offense.
is a formal questioning whereby aggressive and accusatory questions can be asked to the
subject.
practice, it can be used in questioning hostile witnesses.
Police investigators cannot learn proper interrogation
by merely reading books. The success of interrogation
depends on its legality, topic, physical insight, and
experience.
One aspect of investigation where there is strict
observance of Miranda doctrine.
Phases of Interrogation
1. Planning of Interrogation
2. Approach (Meeting the Interrogee). The first meeting in which it is
extremely critical because the outcome may depend on the initial impression
created by the interrogator.
3. Questioning. This is the heart of the interrogation.
4. Termination. The termination of the interrogation will depend on various
factors such as the physical condition of the subject.
5. Recording. The interrogator should take notes in cryptic if possible.
6.Reporting. The end product of an interrogation is the Tactical Interrogation
Report containing the information gained. Report must be made orally or in
written form.
The Techniques of Interrogation
1. Emotional Appeal
Investigator is an actor & psychologist
Appeal to the emotion of the suspect until he confesses.
Applicable to 1st time offender, emotional person, nervous
2. Sympathetic Approach
Dig first into past troubles, unfortunate events in the life of suspect
Offer help, kindness, and friendship to win his cooperation.
3.Friendly Approach
Create a pleasant and welcoming atmosphere
Show sincerity to induce the suspect in confessing
d. Feigning contact with the family members-the suspect could be tricked the investigator had gone to the
residence and the family members had supplied facts against the suspect. The suspects' family will be dragged
into the investigation if the suspect will not confess.
e. The line up-the complainant, witness or victim is required to point positive lead a suspect who is among
persons in the police lineup. The witnesses, victims or complainants are previously coached about the identity
of the suspect.
f. The reverse line up-the suspect is placed among other persons in a line-up and he is identified by several
complainants and witnesses who will associate the suspect in other several crimes. This will cause the suspect
to become desperate and confess only to the case under investigation to avoid from being charge of false
accusations.
5. Stern Approach – The investigator displays a stern (demands immediate response)
personality towards the suspect by using the following methods:
a. Jolting –investigator selects the right moment to shout to the subject with a pertinent
question in an apparent righteous outrage.The suspect's nerves will break to a confession.
b. 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 activities prior, during and after the
commission of the crime. This is repeated many times, to include the investigator focusing
his questions about the knowledge of the suspect of the crime. The suspect will be
enmeshed in contradictions, which is now capitalized by the investigator to get the truth
from the suspect. If possible, the interrogation must be taped recorded for purposes of
emphasis during the confrontation of the contradictions.
6. The Mutt and Jeff or Sweet and Sour Method
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.
9.rationalization
it is the use of reasons, which is acceptable to the subject that led to the commission of a
crime. Thus, it maybe said but sometimes, killing is a necessity rather than by purpose or
design. Robbery maybe a necessity to feed a starving family. Application of this techniques
depends upon the nature of the crime.
10. projection
it is the process of putting the blame to other persons, not alone to the suspect.
The murderer may blame the mastermind of corrupting him with big sums of
money, or the mastermind blaming the greediness of the victim or the husband
blaming the wife for his infidelity or that it is a necessary evil as the victim is
playing to kill the suspect planning to kill the suspect.
11. minimization
it is the act of minimizing the culpability of the suspect. The investigator
convince the suspect that a confession will reduce the offense and the penalty.
Thus, it could be studied by the investigator if there is a way to downgrade
murder to homicide or the introduction of mitigating circumstances with a result
of penalty being within the range of probation.
Physical Signs of Deceptions