Cdi 211 Midterm 1st Session

I.
5 FUNCTIONS OF CRIMINAL INVESTIGATION

1. Recognition/Identification
2. Collection
3. Preservation
4. Evaluation
5. Presentation
II. STARTING POINTS OF CRIMINAL INVESTIGATION

1.STATE THE PROBLEM -The problem would be to identify, locate and arrest
the perpetrator of the crime and attempt to recover all stolen property in a
thorough legal manner designed to ensure the greatest probability of justice
2. FORM HYPOTHESIS- It is the construction of an explanation of an
occurrence.
a. Motive that causes a person to act in a certain manner
b. Knowledge by the suspect to commit a crime
c. Means or things used to commit a crime
3. OBSERVE AND EXPIREMENT- As applied to the proposed explanation, this
process serves as a check for the hypothesis that is incorrect. The investigator
evaluates information obtained from applying the theory to various sources.
4. INTERPRET DATA - The investigator should be as objective as possible in the
interpretation. Is the information obtained true? The data may be reviewed by
another investigator to be provided a second opinion. The officer may
conclude, at this point, that the result is true or not.
5. DRAW CONCLUSIONS -The following questions should be answered:
a. Has the stated problem been answered?
b. Does evidence support hypothesis?
c. Has each stage of investigative method been conducted in a totally
legal fashion?
d. Does data interpretation support a recommendation for prosecution?
III. DEFINITION OF BASIC TERMS

a. FELONY- acts in violation of the provisions of the Revised Penal Code.
b. OFFENSE- acts in violation of Special Laws.
c. MISDEMEANOR-acts in violation of city/municipal ordinances.
d. CRIME- an act or omission punishable by law forbidding or commanding

it.
IV. THE RESULT OF THE INQUIRY IN INVESTIGATION WILL ANSWER THE

FOLLOWING QUESTIONS:
1. Did a criminal violation as described by a code or statute occur?
2. Where and at what time and date, did the crime occur?
3. Who were the individuals involved in the planning, execution, and after
effects of the violation?
4. Is a witness to the criminal activity present?
5. Is there evidence of the criminal offense?
6. In what manner, or by what method, was the crime perpetrated?
7. Is there an indication of guilt or innocence to aid judicial official in
determining a just solution to the case?
V. PRINCIPLES OF INVESTIGATION
1. No two crimes are alike
2. Most crimes are resolved in one hour
3. Most crimes are solved by guesswork and luck
4. The law provides elements as to what happened
5. The modus operandi provides clues as to who did it?
6. Criminals always make mistakes
7. Evidence is always present
8. People always lie to you
9. Learn to work with others
10. Know when to give up
11. Public opinion is important
12. You can never receive too much training
13. There is never enough time
14. The proper ethics is to put behind bars, but not by any means
15. Think like a “native,” not a criminal
16. Document everything
17. Establish credibility in court.
VI. THE CRIME AND INVESTIGATION THE CARDINAL POINTS OF

INVESTIGATION
1. WHAT QUESTIONS
a. What happened? What specific actions did the suspect/victim did?
b. What is the nature of the crime?
c. What was the weapon or tools used by the suspect?
d. What are the pieces of evidence discovered at the crime scene?
2. HOW QUESTIONS (MODUS OPERANDI)
a. How did the suspect get near the victim?
b. How did he perform the crime?
c. How did the suspect get necessary information?
d. how hid the suspect get away from the crime scene?
e. How was the crime scene searched?
3. WHO QUESTIONS
a. Who reported the crime?
b. Who discovered the crime?
c. Who saw the crime was perpetrated?
d. Who is the victim?
e. Who is the suspect?
f. Who are principals, accessories and accomplices?
4. WHERE QUESTIONS
a. Where was the crime discovered?
b. Where did the crime took place?
c. Where are the victims, witnesses or suspects?
d. Where was the suspect seen/apprehended?
e. Where are weapons/tools used in committing the crime?
f. Where did the investigator secure or obtain the evidence?
5. WHEN QUESTIONS
a. When was the crime committed?
b. When was it discovered?
c. When was the police notified?
d. When was the victim last seen?
e. When was the suspect arrested?
6. WHY QUESTIONS
a. Why did the suspect committed the crime?
b. Why did he kill the victim?
c. Why did he not just let the victim go?
d. why did he not surrender?
VII. INVESTIGATIVE THEORIES AND METHODS

Experienced investigators have proved that no two investigations are of
the same type of crimes are exactly alike. Each crime involves different sets of
facts based from different sets of information, necessitating individualized
approaches and application.
A crime can be viewed as a happening which generates information
signal about an act. In a criminal act, the doer emits the signal while the police
receive it.
VIII. TYPES OF INFORMATION

1. SENSORY FORM- The outward manifestations of a criminal event that can be
perceived by five senses – eyes, ears, nose, tongue and hands.
2. WRITTEN FORM-A criminal act may also provide information in a written
form like receipts from the motel, food and drinks in the pocket of the suspect.
3. PHYSICAL FORM -The information may actually be in a real form – meaning
the failure to retrieve it or receive it at the right time will be useless. e.g.
Fingerprints on bottle of beer and interview.
IX. TYPES OF EVIDENCE

1. TESTIMONIAL EVIDENCE- The most common form of evidence, and it is
obtained through interview and interrogation – events which witness see,
smell, taste, and touch are described to the investigator through oral and
written testimony.
2. DOCUMENTARY EVIDENCE-This includes writings, including official records.
One which is supplied by written instruments, or derived from symbols which
ideas are represented on material substances, like letters, wills, deed or
contract.
3. PHYSICAL EVIDENCE- Evidence addressed to the senses of the court, as
when objects are exhibited for the personal observation of the judge. It is also
called real evidence – any kind of object associated with the investigation, but
it must be a tangible item.
X. USES OF EVIDENCE
1. AS A DIRECT PROOF- The evidence can be used to prove the fact directly
without any inference or presumption.
a. EYEWITNESS TESTIMONY-A witness testifies that he saw the suspect
shoot the victim with a revolver.
b. CONFESSION-The suspect confessed that he shot the victim with his
revolver.
2. AS CIRCUMSTANTIAL PROOF- It is used to prove the fact indirectly, by
providing one fact which thereby give rise to an inference or presumption as to
the existence of another fact. The investigator must weigh the accuracy of his
conclusions, as well as the truthfulness of the evidence.
a. MOTIVE- The reason why a crime was committed.
b. OPPORTUNITY- Being in a better position to commit the crime.
c. DECLARATION AND ACTS INDICATIVE OF GUILT-Actions on the part of
a suspect which raise an inference of guilt.
d. PREPARATION FOR THE COMMISSION OF AN OFFENSE -Acts prior to
the crime which are preparatory steps in its commission.
e. POSSESSION OF FRUITS OF THE CRIME- A person found in possession
of a marked “bait money” from a bank robbery: or a murder weapon
found in the possession of a suspect.
f. MODUS OPERANDI - A suspect’s pattern or method or procedure in
committing a crime.
g. ASSOCIATIVE EVIDENCE- Physical evidence that can link a suspect to a
crime.
h. CRIMINAL POTENTIALITY-Possession of knowledge, skills or facilities
that could easily be adopted for criminal use.
XI. PHASES OF INVESTIGATION

1. PRELIMINARY OR INITIAL INVESTIGATION-It involves the first exposure of
the criminal offense to the investigative process. It serves as the foundation for
the case; therefore, it must be a proper foundation or the entire investigation is
on jeopardy. The first police representative on the crime scene will usually be a
uniformed patrol officer. His duties are (a) to provide aid to the victim, (b) to
secure the crime scene for later investigation, and (c) to begin documenting
the facts of the crime.
a. Offense determined -Specific nature of the crime, detailed description must
be transmitted as soon as possible.
b. Suspect arrested, if possible -The outcome of preliminary investigation is
governed by the passage of time. The longer the interval without arrest, the
lower the probability of success.
c. Crime scene protected -Protection of the crime scene is one of the first
procedure in the investigation of crime. The preliminary inquiry focuses on the
crime scene as the major area of importance.
d. Victim and witnesses identified -Anyone who can add information to the
initial investigation. The victim is given the priority for the officer’s attention. A
basic interview is conducted with the victim, keeping in mind that the victim
will be interviewed again during in-depth investigation.
e. Basic statements be taken
f. Crime scene processed
ACRONYM OF PRELIMINARY INVESTIGATION

P = roceed to the scene promptly and safely
R =ender assistance to injured persons
E = ffect arrest of the criminal
L = ocate and identify witnesses
I = nterview complainant and witnesses
M = aintain integrity of crime scene and protect evidence
I = nterrogate the suspect as necessary
N = ote conditions, events, and remarks
A = rrange for evidence collection or collect it yourself
R = eport the entire incident fully and accurately
Y = ield responsibility to follow-up investigator or superior officer
2. FOLLOW-UP OR IN-DEPTH INVESTIGATION- It follows up the preliminary or
initial investigation. The in-depth inquiry begins with a general re-examination
of all facts, leads and other types of information secured during the preliminary
investigation. The detective must determine if the preliminary inquiry was
complete and attempt to answer the following:
1. Was the crime scene processed in a proper manner?
2. If the suspect was arrested, was the arrest legally competent?
3. Of the physical evidence secured, should be examined by the crime
laboratory, and what specific examination should be requested?
4. Are the identifying data concerning victims and witnesses, correct?
5. Has the preliminary officer been contacted in regard to leads or areas of
inquiry not found in the formal preliminary report?
3. FINAL OR CONCLUDING INVESTIGATION -The direct outgrowth of the
previous two stages. The investigating officer works closely with the
prosecuting attorney. A criminal case should be prepared for trial in the
following order:
1. Review the suspect’s arrest to ascertain its legality
2. Review all suspect’s statements and admission as to their legality
3. Review the manner in which all relevant evidence has been secured
4. Reexamine legal requirements of victims and witness statements and
identification of the suspect
5. Review and compile all notes, reports and documents that may be used
during the trial.
6. Review all information secured by the use of informants and make
decisions about the possibility of their use in court.
7. Arrange for all necessary expert-witness testimony.
“Keep going. Everything you need will come to you at the perfect time.” –
unknown
Prepared by:
CRMGST. RONALD E. TUASON

Cdi 211 Midterm 1st Session

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I.

5 FUNCTIONS OF CRIMINAL INVESTIGATION

II. STARTING POINTS OF CRIMINAL INVESTIGATION

III. DEFINITION OF BASIC TERMS

b. OFFENSE- acts in violation of Special Laws.

c. MISDEMEANOR-acts in violation of city/municipal ordinances.

d. CRIME- an act or omission punishable by law forbidding or commanding

IV. THE RESULT OF THE INQUIRY IN INVESTIGATION WILL ANSWER THE

VI. THE CRIME AND INVESTIGATION THE CARDINAL POINTS OF

VII. INVESTIGATIVE THEORIES AND METHODS

VIII. TYPES OF INFORMATION

IX. TYPES OF EVIDENCE

XI. PHASES OF INVESTIGATION

ACRONYM OF PRELIMINARY INVESTIGATION

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