Cagayan State University – Carig Campus

College of Public Administration

CDI – Criminal Investigation and Intelligence

Professor – SJO3 Mary Jane S Aquino-Melad

BASIC CONCEPTS

Criminal Investigation- is an art that deals with the identity and location of
the offender and proves evidence of guilt through criminal proceedings.

In as much as it is not a science, it is not governed by rigid rules of laws but

most often, it is governed by intuition, felicity of inspiration and to a minor
extent by chance.

What is the exception to the general rule that a criminal investigation

is not a science but an art?

The exception to the general rule, perhaps in the 1987 Constitution which
states among other things, that an arrested person under custodial
investigation is afforded with the three Constitutional rights. Such as:
* The right to remain silent
* The right to counsel
* The right to be informed of the nature and the cause of the
accusation.

Miranda Doctrine – also known as the Miranda Rights

- The legal rights of an arrested person to have an attorney and to
refuse questions being asked by the arresting officers.
“You have the right to remain silent. Any statement you make maybe
used for or against you in any court of law in the Philippines. You
have the right to have a competent and independent counsel
preferably of your own choice. I f you cannot afford the services of
counsel, the government will provide one for you. You have the right
to demand physical examination by an independent and competent
doctor of your own choice. If you cannot afford the services of a
doctor, the state shall provide one for you. Do you understand these
rights?”
What is the legal consequence if an arrested person under custodial
investigation is deprived of the afore stated constitutional rights?
- Any testimony of statement taken from the arrested person who is
deprived of the three constitutional rights would be inadmissible as
evidence in the Courts of Justice.
- On the other hand, the investigator may be held criminally liable
for the violation of law.

Investigation – the process of inquiring, eliciting, soliciting and

getting vital information, facts and circumstances in order to establish the
truth.
- The collection of facts to accomplish a threefold aim:
a. to identify the guilty party;
b. to locate the guilty party; and
c. to provide evidence of his guilt

Criminal Investigator- is a public safety officer who is tasked to conduct

the investigation of all criminal cases as provided and embodied for under
the Revised Penal Code/Criminal Laws and Special Laws which are
criminal in nature.
- And, who is charged with the duty of carrying on the objectives of
criminal investigation, e.g. to identify and locate the guilty and provide
evidence of his guilt.
Duties of a Criminal Investigator
1. Establish that, in fact, a crime was committed under the law.
2. Identify the victim/s and the offender/s.
3. Locate and apprehend the accused.
4. Present evidence and guilt for the suspect/s
5. To assist the prosecution in prosecuting the party charged with the
offense.

Primary Job of a Criminal Investigator

1. Discover whether or not an offense has been committed under the law,
after determining what specific offense has been committed.
2. The investigator must seek to establish the six (6) cardinal points of
investigation.
Cardinal Points of Investigation (5W’s and 1H)
1. HOW the crime/offense was committed
2. WHAT specific crime/offense has been committed
3. WHO committed it
4. WHERE it was committed
5. WHEN it was committed, and
6. WHY it was committed
What are the qualities of a good investigator?
1. Perseverance
2. Intelligence
3. Honest
4. Understanding of the people and environment
5. Keen Power of Observation and Accurate Description
6. Mastery of the Oral and written communication
7. Courage
8. Working with Knowledge of Laws
9. The power to “read between the lines”
 The ability to persevere or stick to task in spite of the monotony and
the many obstacles which surrounds it.
 He must have certain abilities and an intelligence which would
enable him to acquire information easily and readily and to use this
information truthfully. He should have the capacity to think through
situations. The investigator must be intelligent as the offender.
 He must be honest. He must be incorruptible and must possess
personal integrity. The investigator will be subjected to all kinds of
temptations: physical, emotional and material.

 He must understand the people and the environment in which

he lives. He must know the weakness and the strength of the people, so
that he can use them to his advantage, particularly during interrogation.
A knowledge of the psychology of human behaviors is essential to the
investigator. He should be aware of the factors of the social pattern that
contributes to the kinds of behaviors exhibited by the individual.
 He must be a a keen power of observations and accurate
description. Observation implies a clear mental picture of what is seen.
It requires a seeing detail, a study of detail, and a recognition that the
whole picture is composed of many details. A good investigator must
observe them accurately and completely. He must train himself to
observe and perceive persons, place, things, and incidents as they
really are. He must be trained to estimate the passage of time, speed,
and distance; to recognize colors; to distinguish between varying
degrees of light; to estimate age; height and weight.
 He must be trained to see and record facts and must practice
observing and recording facts, observation without the complimentary
ability of description is valueless in investigation work. The investigator
must learn to describe what is observed. The accurate and all-inclusive
observation by the individual is meaningless to all even to himself
unless he can tell clearly and precisely what was seen.
 Mastery of the Oral and written communication – he must be able
to deliver clear and concise verbal or written communication that can be
easily understood by the reader.
 Courage – the moral fortitude to tell the truth no matter who will be
hurt.
 Working with Knowledge of laws – a guide to investigators to make
sure that they are abiding and complying with the law rather than to
break it.
 The power to “read between the lines” – the ability to understand
the emotions and the real meaning behind what a person is trying to
say.

The interviewer’s Personal Traits:

1. He must be a practical psychologist who understands the human
psyche and behavior.
2. He has a sincere interest in people. People who are reclusive
generally are not good interviewers.
3. He is calm, has self-discipline, and keeps his temper.
4. He is courteous, decent and sensitive.
5. He is self-assured and professional. He is tactful,
Example: He knows what to say when and how to say it.
6. He is cordial and agreeable, and never officious. But he should
avoid
over familiarity.
7. He is forceful, persistent and patient.
8. He is analytical.
9. He is flexible and cautious.
10. He is a good actor and can conceal his own emotion
11. He avoids third degree tactics and never deviates from the
 fundamental principle that a person must be treated according to
humanitarian and legal precepts.
12. He keeps the roles of evidence in mind.

TOOLS OF INVESTIGATION
1. INFORMATION
It is the knowledge/data which an investigator acquired from records
and persons. Regular source is acquired from open sources, records,
files, cultivated source are information furnished by
informants/informers, Grapevine source are information given by the
underworld characters such as prisoners or criminals.

2. INTERROGATION AND INTERVIEW

Interview - is a conversation with a purpose, motivated by a desire to
obtain certain information from the person being interviewed as to what
was either done, seen, felt, heard, tasted, smell or known?
This is the questioning of a person believed to possess knowledge that
is in official interest to the investigator.

Interrogation - is the process of obtaining information from persons. It is

a questioning of a person suspected of having committed an offense or
a person who is reluctant to make full disclosure of information in his
possession which is pertinent to the investigation.

3. INSTRUMENTATION
Scientific examination of real evidence, application of instrument and
methods of the physical sciences in detecting crime.

BASIC ASSUMPTIONS
Nobody has to talk to law enforcers. No law compels a person to talk
to the police if he does not want to. Therefore, people will have to be
persuaded, always within legal and ethical limits, to talk to law enforcers.
This makes interviewing an art