FUNDAMENTALS

OF CRIMINAL
INVESTIGATION
AND
INTELLIGENCE
REVIEWER
BSCRIM 2HOTEL
 PROFESSOR: ANTONINO ESTEBAN

MEANING OF CRIMINAL INVESTIGATION

• Criminal investigation is a systematic process of discovering, collecting, preparing,
identifying, and presenting evidence to determine what happened, who is responsible,
and to bring the responsible party to justice. It’s more than just detective work; it’s a
meticulous process governed by laws and procedures to ensure fairness and the
admissibility of evidence in court.

MEANING OF INVESTIGATION
• Investigation means a systematic inquiry or examination to discover and examine the
facts of an incident, allegation, or claim. It’s a process of gathering information and
evidence to understand something fully. The goal is to establish the truth, determine
responsibility, and potentially lead to resolution or action.

MEANING SUBJECT OF CRIMINAL INVESTIGATION

• The subject of a criminal investigation refers to an individual whose conduct is under
scrutiny as part of a broader inquiry by law enforcement or a grand jury. Unlike a target,
who is suspected of committing a specific crime with substantial evidence, a subject is
someone whose actions appear suspicious or unethical, but investigators haven’t yet
determined if a provable crime has occurred .

GOLDEN RULE OF INVESTIGATION

• The core principle of effective investigation is to be thorough, objective, and ethical.

This means
Conducting a complete and unbiased inquiry, meticulously documenting every step,
ensuring accuracy in all findings, and adhering to the highest ethical standards while
respecting the rights of all involved. The process should be so rigorous that it would
stand up to scrutiny even if the investigator were the accused.
6 CARDINAL PRINCIPLES OF INVESTIGATION

• The six cardinal principles of investigation, often referred to as the “5 W’s and 1 H”,
are: What, Who, Where, When, Why, and How. These principles guide investigators in
gathering comprehensive information about a crime, ensuring no crucial details are
overlooked.

What: This refers to the specific offense that has been committed. For example, is it a
theft, assault, or murder?

Who: This involves identifying the person or persons involved in the crime, including
suspects and victims.

Where: This focuses on pinpointing the exact location where the crime took place.

When: This principle establishes the time and date of the offense.

Why: This delves into the motive behind the crime, seeking to understand the reason
for its commission.

How: This explores the manner in which the crime was committed, including the
methods and tools used.
3 I’s OR 3 TOOLS OF INVESTIGATION

The three(3) I’s of investigation in criminal justice are Information,

Interview/Interrogation, and Instrumentation. These are considered the fundamental
tools for gathering evidence and establishing facts in an investigation.

1. Information:
This refers to the knowledge and facts that an investigator gathers from various
sources, including records, files, informants, and other relevant documents.

2. Interview/Interrogation:
This involves questioning individuals who may have information about the case.
Interviews are generally conducted with those who are willing to cooperate, while
interrogations are more focused questioning of suspects.

3. Instrumentation:
This encompasses the use of scientific and technical methods and tools to examine
evidence, such as fingerprints, ballistics, DNA analysis, and other forensic techniques.
⚖️Rule 113, Section 5: Arrest Without Warrant

This provision allows law enforcement officers or even private individuals to arrest a
person without a warrant under specific circumstances:

A. When allowed:

1. In flagrante delicto – When the person is caught in the act of committing,

attempting, or has just committed a crime in the presence or within the
view of the arresting officer.

2. Hot pursuit – When an offense has just been committed, and the officer
has probable cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested committed it.

3. Escapee – When the person to be arrested is an escaped prisoner from a

penal establishment or detention.
METHODS OF IDENTIFYING THE CRIMINALS
• Criminals can be identified through a combination of physical evidence, behavioral
analysis, and investigative techniques. Physical evidence like fingerprints, DNA, and
footwear impressions can directly link suspects to a crime scene. Behavioral analysis,
including profiling and analysis of the modus operandi, can help narrow down potential
suspects and provide insights into their characteristics. Furthermore, investigative
techniques like witness interviews, surveillance, and informant networks play a crucial
role in identifying and apprehending criminals.
Types of Evidence.
1. Physical Evidence:
Fingerprints:
- Fingerprints found at a crime scene can be matched against existing
databases or compared to prints taken from suspects.
DNA:
- DNA evidence, such as blood, hair, or skin cells, can be used to identify
individuals with a high degree of accuracy.
Footwear Impressions:
- Footwear impressions left at a crime scene can be compared to known
shoe types or even specific shoes belonging to a suspect, according to the
National Institute of Justice.
Other Physical Evidence:
- Hair, fibers, blood and other body fluids, fire debris, and tool marks can
also provide valuable clues.

2. Behavioral Analysis:
Criminal Profiling:
 - This involves analyzing the characteristics of the crime scene, victimology,
and other behavioral aspects to develop a profile of the offender.

Modus Operandi (MO):

- The specific way a crime is committed can be analyzed to identify patterns
and link similar crimes.
Geographic Profiling:
- This technique analyzes the locations of crimes to determine the likely
residence or areas of operation of the offender.

3. Investigative Techniques:
Witness Interviews and Interrogations:
- Gathering information from witnesses and suspects through interviews
and interrogations is a critical part of the investigation.
Surveillance:
- Surveillance, both visual and electronic, can be used to monitor suspects
or gather evidence.
Undercover Operations:
In some cases, undercover officers may infiltrate criminal organizations to gather
information and make arrests.
Informant Networks:
- Informants can provide valuable intelligence about criminal activity and
suspects.

4. Other Methods:
Criminal Record Checks:
- Accessing criminal databases can help identify individuals with prior
offenses.
Forensic Science:
 - A wide range of scientific techniques, such as ballistics, document
examination, and digital forensics, are used to analyze evidence and
identify criminals.
Facial Recognition:
- Facial recognition technology can be used to identify individuals in
surveillance footage or photographs, according to the United Nations
Office on Drugs and Crime.

METHODS OF IDENTIFICATION BY WITNESSES

• Witnesses can identify individuals through various methods, including lineup
procedures, showups, and photo arrays. These methods are used to help witnesses
identify the perpetrator of a crime or clarify the identity of a known individual. Accuracy
is crucial, and procedures like video recording and taking confidence statements are
recommended to minimize potential errors.

1. Lineups:
- A lineup involves presenting the witness with a group of individuals,
including the suspect, to see if they can identify the perpetrator.
- The individuals in the lineup should resemble the witness’s description of
the suspect and may be asked to speak or perform actions to aid in
identification.
2. Showups:
- A showup involves presenting a single suspect to the witness.
- This method is generally used when the crime is recent and the suspect is
quickly apprehended.
- Showups are considered suggestive, and therefore, safeguards like video
recording and warnings that the suspect may not be the culprit are
recommended.
3. Photo Arrays:
- Photo arrays present the witness with a selection of photographs,
including the suspect’s, to identify the perpetrator.
- The photographs should be similar in appearance to the suspect, and the
witness should be informed that the perpetrator may or may not be
present.
- Similar to lineups, photo arrays can be recorded, and the witness should
provide a confidence statement upon making a decision.
Confrontation:
- Involving a direct face-to-face encounter between the witness and the
suspect, often used to identify the accused.
Video Evidence:
- Audio and video recordings can be used to present evidence and
statements from witnesses or the accused.
Witness Interviews:
- A systematic approach to questioning witnesses, crucial for gathering
detailed information.

KINDS OF CRIMINAL IDENTIFY BY WITNESSES

• Witnesses in criminal cases can be categorized into several types, each playing a
distinct role in the legal process. These include eyewitnesses, secondary witnesses,
expert witnesses, and character witnesses. Additionally, those who are also involved in
the crime, such as accomplices, can also be called as witnesses.
Different types of witnesses:
Eyewitnesses:
- These are individuals who directly observed the crime or a related event
and can provide firsthand accounts of what they saw. Eyewitness
testimony is a crucial form of evidence in criminal trials.
Secondary Witnesses:
- These witnesses may not have directly seen the crime but can provide
information that supports or corroborates other evidence. They may have
heard something related to the crime, seen something leading up to it, or
have other knowledge that is relevant to the case.
Expert Witnesses:
- These witnesses possess specialized knowledge or skills that are relevant
to the case. They may be called upon to explain complex scientific,
technical, or medical matters to the court.
Character Witnesses:
- These witnesses can speak to the defendant’s reputation for honesty,
trustworthiness, or other relevant character traits. They are not directly
involved in the crime itself but can offer insights into the defendant’s
overall character.
Accomplices:
- An accomplice is someone who is involved in the crime, either as a
principal or accessory, before, during, or after the commission of the
offense. Their testimony can be particularly valuable to the prosecution,
but it’s also subject to scrutiny and potential bias due to their involvement.

WHAT IS INFORMANTS?
• Informants are also referred to as “justice collaborators” or they may be known as
“cooperating witnesses” (UNODC, 2008). Most informants are criminals who cooperate
with the police in exchange for a reduced charge, sentence, or immunity from
prosecution, depending on the judicial system.

THE TYPES OF INFORMANTS

ACCIDENTAL INFORMANTS, also known as incidental informants, are individuals who
provide information to law enforcement without intending to become informants or
expecting to provide further information. They may unintentionally overhear
conversations or witness events that are of interest to investigators. This contrasts with
confidential informants, who are intentionally recruited and cooperate with law
enforcement in exchange for benefits or promises.

An ANONYMOUS INFORMANTS is an individual who provides information to law

enforcement or other authorities without revealing their identity. They are often used in
criminal investigations, but their information is generally considered less reliable than
that of known informants. Courts often require corroboration of anonymous tips with
independent police work to establish reasonable suspicion.
CITIZEN INFORMANTS are individuals who provide information to law enforcement
based on a sense of civic duty, rather than for personal gain like payment or
concessions. They are considered a reliable source of information by law and are
distinct from informants who are motivated by personal benefits.

A CONFIDENTIAL INFORMANTS (CI) is someone who provides information to law

enforcement about criminal activity, often secretly, in exchange for various benefits or in
hopes of leniency. Cis can be active participants in investigations, assisting in
undercover operations or gathering evidence. The relationship between a CI and law
enforcement is typically managed by a contact officer.

An “INFORMER” is a person who provides information, especially to authorities, about

illegal or secret activities. This information can be given in exchange for money or other
rewards. Informers are also sometimes called informants, or by slang terms like “rat,”
“snitch,” or “stool pigeon”.

A JAILHOUSE INFORMANTS (or “snitch”) is someone who is currently incarcerated

and offers to testify or provide information to police or prosecutors in exchange for
benefits like reduced prison time, dropped charges, money, or other special treatment.