The Investigative
Process
The responsibility of all who work
within the field of criminal justice,
both public and private
investigators
IF
YOU GET IT RIGHT, YOU ARE A
CRITICAL THINKER. YOU WERE IN
THE GARDEN, THERE ARE 34 PEOPLE
IN THE YARD. YOU KILL 30. HOW
MANY PEOPLE ARE IN THE GARDEN.
CRIMINAL LAW
IT
IS DEFINED AS THAT BRANCH OF
PUBLIC LAW, WHICH DEFINES
CRIMES, TREAT OF THEIR NATURE ,
AND PROVIDES FOR THEIR
PUNISHMENT.
SUBSTANTIVECL-DEFINES THE
ELEMENTS THAT ARE NECESSARY
FOR AN ACT TO CONSTITUTE A
CRIME AND THEREFORE
PUNISHABLE.
PROCEDURAL CL- A STATUTE THAT
PROVIDES PROCEDURES APPROPRIAT
FOR THE LAW ENFORCEMENT OF THE
SUBSTANTIVE CRIMINAL LAW.
SOURCES OF SUBSTANTIVE
CL
1. REVISED PENAL CODE
2. PRESIDENTIAL DECREE
3. SPECIAL PENAL LAW
4. CITY AND MUNICIPAL ORDINANCES
PROCEDURAL CRIMINAL LAW
A. THE BILL OF RIGHTS OF PHIL.
CONSTITUTION
B. THE REVISED RULESNOF CRIMINAL
PROCEDURE, RULES OF COURTS
C. OTHER RULES ON CRIMINAL
PROCEDURE PROMULGATED BY THE
SUPREME COURT PURSUANT TO ITS
CONSTITUTIONAL MANDATE.
ART.IX, SECTION 5(5). Phil. Constitution.
CRIME
ANACT OR OMMISSION IN VIOLATION
OF CRIMINAL LAW IN ITS LEGAL POINT.
- AN ANTI-SOCIAL ACT; AN ACT THAT IS
INJURIOUS, DETRIMENTAL OR HARMFUL
TO THE NORMS OF SOCIETY; THEY ARE
THE UNACCEPTABLE ACTS IN ITS
SOCIAL DEFINITION.
Psychologically,crime is an act,
which is considered undesirable due
to behavioral maladjustment of the
offender; acts that are caused by
maladaptive or abnormal behavior.
BEHAVIORAL
MALADJUSTMENT
INABILITY
TO REACT SUCCESFULLY
AND SATISFACTORILY TO THE
DEMAND OF ONE’S ENVIRONMENT.
CRIME
OFFENSE,
FELONY AND
DELINQUENCY OR MISDEMEANOR
OFFENSE
IS
AN ACT OR OMISSION THAT IS
PUNISHABLE BY SPECIAL LAWS(A
SPECIAL LAW IS A STATUTE ENACTED
BY CONGRESS, PENAL IN
CHARACTER, WHICH IS NOT AS
REPUBLIC ACTS, PRESIDENTIAL
DECREES, EO, MEMORANDUM
CIRCULARS, ORDINANCES AND
RULES AND REGULATIONS.
FELONY
IS
AN ACT OR OMISSION THAT IS
PUNISHABLE BY REVISED PENAL
CODE, THE CRIMINAL IN THE
PHILIPPINES.
11. New Grading System:
Periodic /Long Exam - 40 % (Fixed)
Quizzes - 25 %
(Flexible)
Performance/Attendance - 20 %
(Flexible)
Assignment/Project/Research - 15 %
(Flexible)
100 %
CRIMINAL
INVESTIGATION
CRIMES
INVESTIGATION
INVESTIGATE
The Investigative
Process
The responsibility of all who work
within the field of criminal justice, both
public and private investigators.
Reasons to investigate:
1. Criminal act –
2. Background check –
3. Department policy –
4. Citizen complaint –
5. Rumors -
Investigative Terminology
1. Crime – “an act or omission
forbidden by law, punishable by a fine,
imprisonment, or death”
2. Investigation – “a patient inquiry
or observation; to trace or track mentally;
to search into; to examine”
3. Investigate – to determine if a
crime has or has not occurred
- vestigare: to track or to trace
4. Criminal Investigation – “a
thorough, and objective search for the
truth”
Goals
1. Determine if a crime has been
committed
2. Legally obtain evidence and
information to identify suspects
3. Identification / arrest of suspects
4. Recover stolen property
5. Present solid case to prosecutor
Both Science and Art
1. Laws of nature / scientific principles
2. Investigator’s ‘ART’ still relied on
3. Called hunch, gut feeling, or instinct
4. Experience, observation, and study
5. Learning / applying / changing
Successful Investigation
1. Logical sequence followed
2. Available evidence legally obtained
3. Witnesses located / effectively
interviewed
4. Suspects effectively / legally
interrogated
Success, cont.
5. Leads thoroughly developed / followed
through
6. Details accurately and completely
recorded / reported
7. Evidence properly packaged / stored
8. Professional presentation in court
- includes evidential testimony
Functions of Investigator
1. Protect yourself and others
- primary function
2. Provide emergency assistance
- if qualified
3. Secure location / crime scene
- already discussed
4. Initial observation / walk through
- understanding of crime
Functions, cont.
5. Photograph / video / sketch / record
6. Make notes or recordings to write
reports
- maintain notebook for court
7. Search for physical evidence
- take custody of
- process all evidence
8. Obtain information from all who
Functions, cont.
9. Identify suspect or primary
10. Conduct surveillance / stakeouts / other
undercover assignments
11. Conduct raids when necessary
12. Testify in court
Overview of Investigation
1. Investigate: determine if crime
occurred (Vestigare)
2. Patient inquiry: reconstruct crime
(observation / examination / looking into
/ searching)
3. Overriding goal: thorough / objective
search for truth
4. Police want to know: what happened /
who is responsible
Overview, cont.
6. Criminal investigation:
- a science and an art
a. Science – laws of nature and
scientific principles
(ballistics,
fingerprints and polygraph)
b. Art – experience / study / and
observation
