Fundamentals of

Criminal
Investigation
ARVIN KIM A. ARNILLA, MA
Registered Criminologist
Professional Teacher

Flowchart of
Criminal
Investigation

Occurrence of
Crime
Criminal
Investigation

Information

Interrogation

Instrumentatio
n

Physical
Evidence

People and
Records
Objectives of
the
Investigation

Identify the
Offender

Locate the
Offender

Provide
Evidence of
Guilt

Tools of Criminal
Investigation
1. Information knowledge which the
investigator gathers from other person;
depends on intelligent selection of informative
sources
Two (2) Kinds of
Information
1. regular sources such as conscientious and
public spirited citizens, company records, and
files of other agenciesc
2. cultivated sources such as paid informant,
former criminals, acquaintances, divers,

2. Interrogation
skillful questioning of
witnesses and
suspect; varies with
craft, logic, and
psychological insight
with which the
investigator questions
a person who is in
possession of
information relevant
to the case

Interview vs.
interrogation
Interview simple
questioning of person who
has no personal reason to
withhold information and
expected to cooperate with
the investigator
Interrogation questioning of a suspect or
person who is normally expected to be
reluctant to divulge/ reveal/ give out
information concerning the offense under

3.Instrumentation application of the

instruments and methods of the physical
sciences in the direction of crime

IDENTIFYING THE CRIMINAL

OFFENDER

1. Confession or
Admission
Confession is a declaration of an
accused acknowledging his guilt
of the offense charged, or of any
offense necessarily included
therein, may be given in evidence
against him.

Admission is a voluntary
concessions or
acknowledgement executed
by a party of the existence
of truth of certain facts.

2. Eyewitness
Testimony

Jessica Alfaro

Hubert Webb

3. Circumstantial
Evidence
3.1. Motive
3.2.
Opportunity
3.3. Associative Evidence (brought
about by Instrument)

LOCATING THE CRIMINAL OFFENDER

PROVIDING EVIDENCE OF GUILT

Corpus Delicti (fact that a crime was
committed)
How to prove?
1. There exists a certain state of fact which
forms the basis of the criminal charge
2. There exists a criminal agency which had
caused the state of fact to exist

Exampl
e:

(R.A. 8353 or Anti Rape

Any PERSON shall Law of 1997)
commit sexual
Element
assault:

by inserting his
penis into another
persons mouth, or
anal orifice
by inserting any
instrument or
object, into the
genital or anal
orifice of another
person

Through force, threat or

intimidation
Offended party or victim is
deprived of reason of
otherwise unconscious
Fraudulent machination or
grave abuse of authority
Offended party or victim is
under 12 yrs. Old or
demented

INTERVIEW OF
WITNESS

Definitio
n

asking questions to a person who is believed to

possess knowledge that is official interest to the
investigators

Importa
nceconstitutes the major source of information for
most case under investigation

Types of Interview
Two (2) Major Types of
Interview
1. On the Scene Interview
(Informal)
Where: maybe conducted by police officer
on the crime scene
Purpose: obtain/ get description of the
criminal offender
Secure sufficient information to arrest the
criminal as rapidly as possible

2. Formal Interview
Person Involved: Investigator-on-Case/
Investigator Assigned to the case
Three (3) Type of Formal
Interview
a. Normal Interview for cooperative witness or those who
may be persuaded to cooperate
b. Group or Pretext Interview for witness known to be
reluctant or hostile, and for those who are believed to refuse or
cooperate in the investigation or those who may be persuaded
to cooperate
c. Follow up interview which is frequently necessary in many
cases because additional on vital points is necessary

Salesma
n

QUALIFICATION OF
INTERVIEWER

Actor

Psychologist

REQUISITES OF INTERVIEW
1. Establish
Rapport
2. Forcefulness of
personality
3. Breadth of Interest

SETTING OF INTERVIEW
1. Background
Interview
Time and place of interview are not really a consideration,
except for busy person

2. Routine Criminal Cases

Criminal case, interview should be carefully planned
Busy persons, interview can be done during the evening.
Privacy is important

3. Important Criminal
Cases
Should be conducted in places other than the subjects
homes or office (to prevent him/ her feelings confident)
Investigator should control situation
INVESTIGATOR SHOULD GET INTERVIEWEES
RESPECT.

4. Appropriate Time
General Rule: should be conducted ASAP

BASIC RULES (APPROACH) IN

INTERVIEW

FIRST MEETING W/ THE SUBJECT

REMEMBER: 1st Impression always lasts

1. Show credentials and inform subject of his identity
2. Identity must be stressed so as not to cause
misunderstanding

INTERVIEWING WOMEN IN THEIR HOMES

1. Investigator should remain few paces from the door until the
subject is convinced of his identity and invites him in
2. If possible, the investigator avoid interviewing at the
threshold
3. When necessary, investigator should return at a later time
when woman is reassured by the presence of a friend

BACKGROUND INTERVIEW
Information taken from Background Interview:
1.
2.
3.
4.

Personal information
Schools attended
Former employers
Reasons for leaving previous employer/
employment

USUAL STAGES OF INTERVIEW

Manner of conduct of Interview: dependent on the
relationship of the subject to the matter in question
Demeanor: of the investigator: must be suited to the
requirements of the case

1. Preparation: investigator should mentally review the case and

consider what information the witness can contribute. If the importance
of the case warrants, he should acquaint himself with the background
of the witness, this way, he may more easily strike a responsive chord.
A checklist helps so that no important point is overlooked.
2. Warm up: the first few minutes will determine the tenor of the
interview. If investigator permits a clash of personalities or creates a
tense atmosphere, the witness might tighten up and be reluctant to
divulge all information. After showing his credentials, the investigator
should open with a few friendly remarks.

3. Questioning: after the witness/ subject has told his story, the
investigator should review it with him and request him to amplify certain
points. Matters which have not been touched upon by the witness
should be treated, the elements of the offense and other points in the
case should guided the investigator in his questioning.
a. Guiding the conversation questions and answers should
fit an outline to avoid ramble.
b. Corroborating information obtained from one witness
should be correlated with that obtained from others.
c. Inaccuracies discrepancies, falsehoods, and
inaccuracies may become apparent during interview.
Questionable points should bee treated repeatedly by
rewording queries and by additional questions. Honest
mistakes should be distinguished from misrepresentations.

d. Techniques of Questioning Questions should not bee

asked until the person appears to give the desired
information in accurate fashion.
1.
2.
3.
4.
5.
6.
7.

One Question at a time

Avoid implied answer.
Simplicity of question
Saving face
Yes or No question
Positive attitude
Controlling interview

IMPORTANT
NOTE!
Interviewer the person asking
the question/s
Interviewee the person
responding/ answering the
question/s

Techniques in Controlling
Digression (Deviation)
1. Precise Questioning precision of question formula

2. Shunting consists in asking a question which relates

to the digression from the original line of questioning

3. Skipping by guessing narration progresses in detail

and obvious steps

Typical Classes of
Interviewees
1. Children

2. Young persons
3. Middle Aged Persons

4. Older Persons

Personalities of Interviewees
1. Know Nothing Type

Where have you been?

I dont know Sir!

2. Disinterested Type

Basi pwede kang makabulig sa

pagsulbar it kaso ngara.

USNAY LABOT NAKO SA

IMUHA? ILAM SA IMO
JAN.

3. Drunken Type

Interviewer:
Pagkatapos ninyong
uminom kabi-e, sin
dayon kamu nag adto?

Interviewee: Yu kold me
her to as your kwistions?
Shet! Shabat kot a
run, hik!

4. Suspicious Type

Basi
pwede
makabulig
pagsulbar
it
ngara?

kang
sa
kaso

Interviewee: Basi ako ta

du maigpit karon sir.
Isaea pa may pamilya ta
bi ako basi kun bae-san
ta kami.

5. Talkative Type
Ay
sir
abo
ta
ang
hasayran parte sa tawo
ngaron suma nagkaeapit
gid kami karon sa sueod
it 20 anyos. Tinakaw na
karon du manok ni lolo
anay
ngato
tag
nagpamalaaye imaw sa
anang asawang si Mary.
Haso guid a ron sir. Tao
baea sa animal ngato!
Imaw anay dun du most
behave sa among klase.

Interviewer: Ano ing

pagkakila-ea kay Pedro
Maringpalad ngara?.

6. Honest Type
Unsa man guiingon niya sa
imuha?

Nga magsmile
murag Monalisa!

7. Deceitful Type

ANONG
GINAWA MO ?

Nagma-magic
ako sir! Hehe!

8. Timid (Shy) Type

Have you been
to Lucky 7?

Adios ta! Huya

- huya ka pa?
Sabta eang too!

Pwede di
sabton Maam?
Huya ang!

9. Boastful, Egoistic or Egocentric Type

Sir, can we talk

for a couple of
minutes?

Youre not the

type to
intimidate me!
I am the boss
here!

10. Refusal to Talk Type

Bisan mag
ueodlut ing sip-on
wa ka guid mabueo kang.

Rape
Murder

Homicide

DIRECT APPROACH AND

DIRECT QUESTIONING
Direct
Approach
1.Complainant
2. Suspect
3. Informant
4. Victims

Direct
Questioning

EVALUATING THE INTERVIEWEES

1. Physical Mannerism: nervousness, evasive facial
expression, embarrassment at certain question, perspiration
and similar sign as indication to the truthfulness or
trustworthiness of the person
MANNERISM
Unusual combing of hair
Evasive eye contact
Stuttering of the voice
Shaking of hand/s finger/s
Stumping of hands/ feet

PROBABLE INDICATION OF

2. Frankness: person should be tested with

questions, answers to which should be known to
the investigator. Significant omissions should be
noted
3. Emotional State: observe unusual reaction to
questions. Partial guilt can be detected by
unwarranted indignation of excessive protest.
Spite, jealousy, and prejudice can be easily
detected.

4. Content of the statement: statement of the

witness can be compared with statement of other
witnesses, and with known facts. Discrepancies
and misrepresentations can be detected by
comparing the information with known facts

METHODS OF RECORDING INTERVIEW

1. Mental Notes
2. Written Notes
3. Stenographic notes
4. Sound recording
5. Sound and motion picture (video)

Interviewers Notebook

INTERROGATION OF SUSPECT

Refreshing
your memory!

What is INTERROGATION?

Interrogation is skillful questioning of

person/s who are uncooperative in the
conduct of investigation or are reluctant to
divulge information pertinent to the conduct
of investigation

 radically changed the procedural requirement for lawful

interrogation of a suspect or of a person under custodial
investigation

Approved:
April 27, 1992 by Pres.
Corazon C. Aquino

Fundamental Rules on
Interrogation
1. Investigator should
identify himself as law
enforcer with showing of
credential
2. Explain to the suspect in general terms the
nature of the offense under investigation
3. Inform the suspect of his wish to question
him on matters relating to the offense

4.Advise the suspect of his

rights, substantially in the
following terms:
A. You have the right to
remain silent; you do not
have to answer any
questions
B. You have the right to be assisted by an
independent and competent counsel (lawyer)
of your own choice

C. If you cannot afford the services of a

counsel, and you want to be assisted by a
lawyer, this office shall provide you with a
lawyer free of charge
D. That anything you say can be used as
evidence against you in any court of law.
E. Do you understand your rights as I have
explained to you, as follows: the right to
remain silent and the right to be assisted by
a counsel?

F. After explaining your Constitutional rights,

are you still willing to give FREE and
VOLUNTARY statement of the facts of the
case being investigated?

Miranda Doctrine
cannot be waived except in writing and
must be signed in the presence of a legal
counsel
requires all law enforcers to issue to all
suspects once arrested and taken into
custody

Admission
vs.
Confession

Admission acknowledgement that a fact,

action or circumstance is true; may strongly
infer or directly admit guilt, however, it will
lack detail as to the elements of the crime
I just killed a man.
Yes, I stole the car.
I stabbed him.
I didnt mean to hurt her.

Confession more complete

statement admitting each element of
the crime
When I found out Nick slept
with my younger sister, I went
home and thought about for a
couple of days, then I decided
to kill him. I bought a gun
and ammunition, loaded the gun
and went to Nicks house and
shot him three times in the
head while he was talking on
the phone.

Options and
Procedures in
Interrogation

1. The suspect may choose to remain silent. If BEFORE or

DURING questioning, the suspect invokes his right to remain
silent, interrogation must be foregone or stopped. Investigators
must respect the suspects right to remain silent. Threat, tricks, or
cajoling designed to persuade the suspect to waive his right are
forbidden
Did you rape
Elisa?
So inaamin mo
na ni rape mo
siya?
Ok, well respect
your peace!

SCENARIO

Sir, lalaki tayo!

Im a lover boy!
Can you blame
me?
Sir, according to
R.A. 7438, I
have the right to
remain silent.

2. The suspect may request a legal counsel. NO

INTERROGATION MUST BE ATTEMPTED UNTIL THE LAWYER
OF HIS OWN CHOICE OR STATE - APPOINTED LAWYER IS
PRESENT. If before and during questioning, the suspect invokes
his rights to request and have counsel, the interrogation must
cease until a lawyer is procured/ produced.
SCENARIO
Ok, Ill
call Atty.
Fortun.

Sir, RA 7438
mandates that I
should be provided
with a lawyer of my
choice. I want Atty.
Fortun to handle my
case.

3. The suspect may waive his rights.

To forego this, an affirmative statement of
rejection is evidently required.
The burden of proof is on the prosecution.
Do you waive
your right to
remain silent?

Yes sir?

 Withdrawal of a waiver is ALWAYS

permitted.

Ano kat-ing
ngara? Makay
bawi- bawi kating!
O sige! I-note ko
lang nga ginbawi
mo du imong
waiver!

Sir, bawi-on ko
lang ang waiver!

Hay, ginabawi
kot a sir. Its my
right.

 If interrogation continues without the

presence of attorney and a statement is
taken, a heavy burden rests on the
prosecution to demonstrate that the
defendant knowingly and intelligently waived
his right against self incrimination and his
right to retain or appoint counsel.

TYPES OF SUSPECTS
1. Willing suspect remorseful or
conscience stricken one who feels
anguish or distress cause by the sense of
guilt for the crime he or she has committed

2. Inadequate suspect emotionally

unstable suspect or mentally deficient

3. Unwilling suspect refuses to

cooperate or relate information for one or
more of a variety of reassons

4. Egoist has a exaggerated sense of self

importance, perhaps seeing himselp or
herself as a professional in some criminal
specialty and acting accordingly; enjoys
boasting about past accomplishments

5. Defiant Type seem immovable and

unemotional but is actually defense
mechanism

THE CRIME
SCENE

Definition of Crime Scene

locale/ place within immediate

vicinity of the occurrence wherein
evidence may be found

A crime scene is a location

where an illegal act took place,
and comprises the area from
which most of the physical
evidence is retrieved by
trained law enforcement
personnel, crime scene
investigators (CSIs) or in rare
circumstances, forensic
scientists.

Instrumentation
through Forensic
Science

Instrumentation is the
examination of minute
details of physical
evidence through
methods of forensic
science and the
application of laboratory
equipment.

Two (2) Branches of Forensic

Science
1. Criminalistics
1.
2.
3.
4.
5.

Ballistics,
QD Examination,
Dactyloscopy,
Photograpy and
Polygraphy

2. Forensic/ Legal Medicine

Purposes of Criminalistics
1. To identify a substance, object or instrument
2. To establish a connection between crime scene
evidence and a known comparison obtained from a
suspect, thus linking the suspect to the crime science
or victim.

2. To reconstruct how a crime was committed.

3. To protect innocent by developing evidence that may

exonerate the suspect .

2. To provide expert testimony in court.

Means of Developing Physical

Evidence

1. Contrast the most familiar way to bring out details.

Using black or white powder to process a
crime scene for fingerprints

Role of Crime Laboratory

1. Establish an element of crime

2. Link the crime scene or victim to the criminal

3. Reconstruct how the crime was committed

a. Time Element
b. Facts of the Case
c. Incriminating Evidence
d. Protect the Innocent
e. Expert Testimony

Investigative Value of Forensic Medicine

1. Forensic Pathology
a. Establishes the cause and manner of
death natural, suicide, accident, or
homicide
b. Establishes the time of death

c. Indicates the type of instrument used to

commit the homicide

d. Indicates whether injuries to the body

were post mortem or ante - mortem

e. Establishes the identity of the victims.

f. Determines the age of the victim.

g. Determines the sex, height, and age of

mutilate or decomposed bodies and
skeletons.

h. Determines virginity, defloration,

pregnancy, and delivery and sodomy

2. Forensic Serology
Study of BLOOD

3. Forensic Toxicology
Toxicology is the study of poison their
origins and properties, their identification by
chemical analysis, their action upon
humans and animal, and the treatment of
the conditions they produce

Famous Case: Michael Jackson

3. Forensic Odolotology
Forensic odontology is the study of
the teeth, dentures (false teeth), bite
marks for the following purpose
1. To connect a bite mark to a particular person