0% found this document useful (0 votes)
4 views14 pages

CDI3

The document outlines key concepts in criminal investigation, including definitions of crime, special crime, interview, and interrogation. It emphasizes the importance of effective interviewing techniques, qualities of a good interviewer, and legal guidelines to ensure the rights of suspects are respected. Various interviewing methods, such as cognitive and behavioral analysis interviews, are discussed, along with historical context and ethical considerations in interrogation practices.

Uploaded by

22-0024.siriban
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
4 views14 pages

CDI3

The document outlines key concepts in criminal investigation, including definitions of crime, special crime, interview, and interrogation. It emphasizes the importance of effective interviewing techniques, qualities of a good interviewer, and legal guidelines to ensure the rights of suspects are respected. Various interviewing methods, such as cognitive and behavioral analysis interviews, are discussed, along with historical context and ethical considerations in interrogation practices.

Uploaded by

22-0024.siriban
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 14

CDI3 - Lesson 2

INTERVIEW - it is the simple questioning of a person believed to


SPECIAL CRIME - these are cases that are unique and often possess information which is relevant to the investigation of a
require special training to fully understand their broad crime or on criminal activities.
significance. Those crimes that are not covered by the Revised
Penal Code and under Special Penal Laws. INTERROGATION - is the skillful questioning of a hostile person
suspected of having committed an offense or of a person who is
CRIME - in itself is an act or the commission of an act that is reluctant to make a full disclosure of information in his possession
forbidden or the omission of a duty that is commanded by a which is pertinent to the investigation
public law and that makes the offender liable to punishment by
that law. GOLDEN RULE OF INTERVIEW
“Never conduct or let anyone conduct an interview if the
CRIME IS AN INFORMED ACTION - if the perpetrator has a interviewer has not gone to the crime scene.”
deliberate intent to perform the act, for example is when a burglar
needs money to pay the hospital bill of his son, and thus he QUALITIES OF GOOD INTERVIEWER
robbed a retail store. 1) Rapport – it is the development of intimacy between the
interviewer and the Interviewee. It is winning the confidence of a
CRIME IS A PASSIVE ACTION - if when perpetrators do not have a person being interviewed in order that he will tell all the
deliberate intent to perform the act and it is a result of information in his possession.
negligence, imprudence and lack of foresight or skill, for example 2) Forceful Personality - The appearance of the interviewee and
is when a person bought a phone from a friend without knowing other qualities such as skills of communication techniques and the
that the phone, he bought was a stolen phone. force of his language are the mainstays of the strength of his
character.
INVESTIGATION - is the collection of basic facts establishing that a 3) Knowledge of Human Behavior - The ability of the interviewer
crime has been committed and that some other person is to determine the personality and intelligence of his subject. He
responsible thereof. must go down and up to the level of understanding of his
particular subject – the interviewee.
CRIMINAL INVESTIGATION - is the collection of facts in order to 4) Conversational Tone of Voice - His tone of voice must be
accomplish the three-fold aims – to identify the guilty party, to conversational, not confrontational as in interrogation.
locate the guilty party and to provide evidence of his (suspect) 5) Common Interest - His preliminary probing questions should be
guilt. aimed to establish common interest between him and the subject.
6) Acting Qualities - He must possess the qualities of an actor,
Special Crime Investigation - It deals with the study of major salesman, and psychologist and know how to use the power of
crimes based on the application of special-investigative persuasion.
techniques. 7) Humility - He must be courteous, sympathetic and humble,
ready to ask apologies for the inconvenience of the interview
Criminal Investigator as defined by PNP Criminal Investigation
Manual; is a public safety officer who is tasked to conduct the Guidelines for Interview
investigation of all criminal cases as provided for and embodied Miranda Rights. The suspect must be informed of their rights
under the Revised Penal Code/ Criminal Laws and Special Laws before the interview, including the right to remain silent and the
which is criminal in nature. right to legal counsel.
Voluntariness. The information provided by the suspect must be
Qualities of an Effective Investigator given voluntarily, without any form of coercion or pressure.
• He must be thorough Presence of Counsel. While not always mandatory, the presence
• Methodical and calm under pressure. of legal counsel is encouraged during interviews, especially if the
• He must be logically persuasive suspect requests it.
• Analytical not only of the crime, but also of the potential Documentation. The interview must be thoroughly documented,
subjects. including the suspect’s statements and the conditions under
• He must be keen in identifying key witnesses and their which the interview was conducted.
contributions to the investigation as this will lead to the solution Respect for Rights. The suspect’s rights must be respected at all
of the case and bring the guilty party to the bar of justice. (PNP, times, including the right to refuse to answer questions or to
2011) terminate the interview at any point.
Guidelines for Interrogation - Use Case: Effective for gathering specific information
Presence of Counsel. The presence of legal counsel is mandatory across multiple interviews.
during interrogations. If the suspect cannot afford a lawyer, a Procedure:
public attorney must be provided. Prepare Questions: Use a predetermined set of
Voluntariness and Coercion. Any confession or statement questions to ensure consistency across all witness interviews.
obtained during an interrogation must be made voluntarily. The Ask About Key Details: Focus on details such as the
use of force, threats, or any form of coercion is strictly prohibited. suspect’s clothing, physical appearance, and any distinguishing
Inadmissibility of Coerced Statements. Any statement obtained features or behavior observed during the robbery.
through coercion or without proper legal safeguards is
inadmissible in court, as mandated by RA 7438 and the Questions:
Anti-Torture Act. “What color and type of clothing was the suspect wearing?”
Detailed Documentation. The entire interrogation process must “Can you describe any tattoos, scars, or other distinguishing marks
be recorded, including the suspect’s statements, the techniques on the suspect?”
used, and the presence of legal counsel. This documentation must “Did you notice any specific actions or behaviors of the suspect
be signed by all parties involved. that stood out to you?”

Republic Act No. 7438. This law explicitly outlines the rights of 3. Unstructured Interview An open-ended approach where the
persons under custodial investigation, ensuring that suspects are conversation is more flexible and adaptive.
informed of their rights and that legal counsel is present during - Characteristics: Spontaneity, in-depth exploration,
interrogations. adaptability.
Anti-Torture Act of 2009 (RA 9745). This law prohibits the use of - Use Case: Useful in exploratory phases or when building
torture and other cruel, inhuman, or degrading treatment during rapport is crucial.
interviews and interrogations, ensuring that all statements Procedure:
obtained are done so legally and ethically. Start with Open-Ended Questions. Begin with broad
questions to let witnesses share their experiences and
CDI3 - Lesson 3 impressions in their own words.
Encourage Free Flow of Information. Allow the
Differentiating Interviewing Methods conversation to flow naturally and probe for additional details as
1. Cognitive Interview Enhances memory recall by using needed based on what the witnesses share.
techniques that help witnesses recreate the event’s context.
- Characteristics: Context reinstatement, varied recall, Questions
detailed probing. “Tell me about your experience last night. What did you see or
- Use Case: Best for cooperative witnesses and in cases hear?”
requiring detailed memory retrieval. “How did you feel during the incident, and what stood out to
Procedure: you?”
Ask the clerk to mentally revisit the scene of the crime, “Is there anything else you think might be important for us to
encouraging them to recall details about the environment, their know?”
actions, and the suspect’s behavior.
Have the clerk describe the events from the beginning
to the end, and then ask them to recall the events in reverse 4. Behavioral Analysis Interview Focuses on evaluating the
order. This can help in retrieving additional details. subject’s behavior, verbal and non-verbal cues to assess
Request the clerk to describe the scene from different truthfulness.
angles, such as from their own perspective and from the - Characteristics: Observation of stress responses, analysis
perspective of other potential witnesses or surveillance cameras. of inconsistencies, behavioral cues.
- Use Case: Often applied in suspect interviews to detect
Questions: deception.
“Can you walk me through everything that happened from the Procedure:
moment the suspect entered the store?” Observe Behavior. Focus on the suspect’s non-verbal
“What were you doing at the time, and how did the suspect’s cues, such as body language, facial expressions, and eye contact.
actions make you feel?” Analyze Verbal Cues. Pay attention to inconsistencies in
“Can you describe the suspect in detail, and do you recall any the suspect’s statements and any signs of stress or evasiveness.
specific features or behaviors?”

2. Structured Interview A systematic approach where the Questions


interviewer follows a predetermined set of questions. “Can you explain where you were last night between 10:00 and
- Characteristics: Consistency, comparability, control of 11:00 PM?”
interviewer bias. “Do you have any witnesses or evidence to support your alibi?”
“How do you respond to the accusations made against you?”
- Waterboarding - Victims were subjected to simulated
Cognitive Interview. Helps the store clerk provide a detailed and drowning by pouring water over a cloth covering their
accurate account of the robbery. faces, creating a sense of suffocation.
Structured Interview. Collects specific information from witnesses - Strappado - The victim’s hands were tied behind their
about the suspect’s appearance and behavior. back, and they were suspended by a rope attached to
Unstructured Interview. Allows customers to freely share their their wrists, causing intense pain to force a confession.
observations and experiences.
Behavioral Analysis Interview. Assesses the suspect’s credibility 3. The Spanish Colonial Period (16th to 19th Century)
and truthfulness based on their behavior and statements. - During the Spanish colonial rule in the Philippines,
interrogation methods were often harsh and aimed at
CDI3 - Lesson 5 maintaining control over the local population,
particularly those involved in revolts.
Interrogation refers to the formal questioning of a suspect or Methods:
individual with the intent of obtaining information or a confession - Beatings and Flogging- Suspects, particularly those
related to a criminal investigation. accused of - rebellion or supporting the Katipunan, were
often beaten to extract information about the
Purpose in criminal investigations: obtaining confessions, revolutionary movement.
gathering evidence. - The Water Cure: A form of water torture where large
a) Information Gathering. To obtain accurate information amounts of water were forced down a suspect’s throat,
that can aid in the investigation and prosecution of causing extreme pain and fear of drowning. This method
crimes. was also used during the Philippine-American War by
b) Evidence Collection. To gather confessions or statements American forces.
that can be used as evidence in court. - Public Humiliation: Suspects were often subjected to
c) Truth Verification. To verify or refute information public humiliation, such as being paraded around towns
obtained from other sources, such as witnesses or in chains, to pressure them into confessing
physical evidence.
Legal Framework in the Philippines
Historical Context and Evolution of Interrogation Techniques ● Overview of relevant constitutional provisions. Right
Early Methods: against self-incrimination, right to counsel.
● Historically, interrogation often involved physical ● PNP guidelines on the conduct of interrogation.
coercion, torture, or threats to extract confessions. In ● Supreme Court rulings affecting interrogation practices
the 20th century, there was a shift toward psychological (e.g., Miranda rights).
techniques that exerted mental pressure rather than
physical force. The Reid Technique
The Nine Steps of the Reid Technique
Foreign Examples: 1. Direct confrontation
1. The Salem Witch Trials (1692, United States) 2. Theme development
- During the Salem Witch Trials in Massachusetts, 3. Handling denials
individuals accused of witchcraft were subjected to 4. Overcoming objections
harsh interrogation methods to extract confessions. 5. Getting the suspect's attention
Methods: 6. Handling the suspect's passive mood
- Pressing - One of the most infamous cases involved Giles 7. Presenting an alternative question
Corey, who was subjected to "pressing" by placing heavy 8. Having the suspect orally relate various details of the
stones on his chest to force a confession. He refused to offense
confess and died under the pressure. 9. Converting an oral confession into a written one.
- Spectral Evidence - Accusers claimed to see the spirits or
"specters" of the accused committing witchcraft, leading
to intense questioning and forced confessions from the
accused based on these unprovable allegations.
2. The Inquisition (12th to 19th Century, Europe)
- The Inquisition, particularly the Spanish Inquisition, is
known for its brutal interrogation methods aimed at
extracting confessions from those accused of heresy.
Methods:
- The Rack- This device was used to stretch the victim's
body, often dislocating joints, to coerce confessions.
The PEACE Model interview, yet the closure is important and needs to be
● Preparation and Planning methodically conducted. Ensure there is a mutual understanding
● Engage and Explain of the interviewee’s account by reviewing and summarizing it
● Account verify that all aspects have been sufficiently covered by checking
● Closure that interviewees have given all the information they are able and
● Evaluate willing to provide secure integrity and dignity of the interview, the
legitimacy of any subsequent criminal proceedings, and keep
STEP ONE: Planning and preparation is one of the most important channels open for future communication
steps in investigative interviewing; without it, interviews may fail
before they even begin. Planning is a process of getting ready to STEP SIX: Evaluation investigative interviewing recognizes the fact
interview, both mentally and strategically. that interviewing is a practical exercise, requiring a variety of
skills, first and foremost, communication skills. An essential part
STEP TWO: Engage: Introduction and building rapport the first of skills training is evaluation and feedback.
step to encouraging a conversation is to engage the interviewee
and establish rapport. To engage and explain is described as the Other Interrogation Strategies
most influential factor in ensuring productive interviews. 1. Behavioral Analysis Interview (BAI)
a. Techniques for detecting deception and truthfulness.
- Example of a good start to a conversation b. Application in pre-interrogation assessments.
Officer: “The way in which I have planned to conduct this interview is 2. Cognitive Interviewing
first to inform you about your legal rights (and obligations, if applicable).
Then, if you are willing to provide a statement, I will ask you to tell me
a. Techniques for enhancing memory recall.
your side of the story. I will listen and not interrupt. We have plenty of b. Use in interviewing victims and witnesses.
time, we are in no rush. Next, when you feel that you have included all 3. Ethical Considerations
the necessary details – details that you think are essential, I will follow
a. Balancing effective interrogation with respect for human
up with questions that I think are of importance. Please feel free to ask
me– at any stage – about any concern or question you may have.” rights.
b. Strategies for preventing coerced or false confessions.
STEP THREE: First free Account having established rapport and
explained the ground rules for the interview, interviewers should
now allow the interviewee to present their uninterrupted (free)
account of the case (or event) under investigation. It is essential
that the interviewee is provided with the opportunity to present
“their side of the story”, before more detailed questions are
asked.

- Particularly helpful at this stage is the Tell, Explain,


Describe, Show Me – Precisely, In detail, exactly:
approach to interviews. A useful memory aid for this
approach is the mnemonic “TED’S PIE”:

STEP FOUR: Clarification and disclosure having actively listened


to
the first, free account, it is time for the interviewer to expand and
clarify all of the relevant matters in the case; one issue at a time.
The interviewer should introduce the relevant topics with TED’S
PIE type questions, and when more details are needed about a
certain topic, interviewers should encourage the interviewee to
provide more information through open-ended, probing questions
– What? Why? When? How? Where? Who?. Interviewers may
vary their approach depending on the topic that needs to be
explored.

- Examples of good probing:


Officer: “you told me that the man in white clothes attacked you with a
knife. Tell me more in detail, exactly how he approached you.” Officer:
“you told me that there were several people – eye witnesses – to the
event. Please explain precisely where these people were standing at the
time.” Officer: “you told me that a woman tried to stop the man who
attacked you. Please describe this woman in detail.”
STEP FIVE: Closure of the interview evaluations of police
interviews show that officers tend to rush the closing of the
CDI3 - Lesson 6 Factors That May Render a Confession Involuntary
a. Coercive Police Tactics - Use of threats, physical force, or
Miranda Rights are the rights read to a suspect by law prolonged interrogation can make a confession
enforcement before they are questioned in custody. These rights involuntary.
stem from the 1966 U.S. Supreme Court case Miranda v. Arizona, b. Promises of Leniency - Offering promises or
which established that suspects must be informed of their rights inducements, such as a reduced sentence, can influence
to avoid self-incrimination under the Fifth Amendment. the voluntariness of a confession.
a. Right to Remain Silent. Suspects can choose not to c. Mental or Emotional State - A suspect’s age, mental
speak to avoid providing self-incriminating information. capacity, or emotional state (e.g., distress, fatigue) can
b. Right to an Attorney. Suspects have the right to consult impact their ability to voluntarily confess.
with a lawyer and have one present during interrogation. d. Deprivation: Withholding food, sleep, or other basic
If they cannot afford a lawyer, one will be appointed to needs can pressure a suspect into confessing.
them.
c. Warning of Consequences. Suspects must be informed
that anything they say can be used against them in court. Exclusionary Rules and the Admissibility of Evidence
Exclusionary rules prevent the use of evidence in court if it was
Significance in Custodial Interrogations obtained in violation of the defendant's constitutional rights. This
a. Protection of Rights. Miranda Rights are crucial in includes confessions that are obtained without proper Miranda
protecting individuals from coercive police tactics during warnings or through coercion.
interrogations, ensuring that any confession or
statement made is voluntary and not compelled. Purpose
b. Preventing Self-Incrimination. By informing suspects of These rules are designed to deter law enforcement from engaging
their rights, the police reduce the risk of individuals in unconstitutional practices and to maintain the integrity of the
inadvertently incriminating themselves, thereby judicial process.
upholding the principle of “innocent until proven guilty.”
c. Legal Admissibility. A failure to provide Miranda Impact on the Admissibility of Evidence
warnings can lead to the exclusion of any confession or
evidence obtained during the interrogation, as it would Fruit of the Poisonous Tree Doctrine
be considered a violation of the suspect's constitutional Any evidence derived from an illegal confession (e.g., further
rights. statements or physical evidence found as a result of the
confession) may also be excluded from trial.
Case Example
The Miranda v. Arizona case, focusing on how the absence of Exceptions: There are exceptions to the exclusionary rule, such as
these warnings led to the reversal of Ernesto Miranda's the “public safety” exception, where immediate threats justify
conviction, thereby setting a precedent for future cases. questioning without Miranda warnings, and the "inevitable
discovery" doctrine, where evidence that would have been
Voluntariness in Confessions discovered regardless of the confession may still be admissible.
A confession is considered voluntary when it is made by the
suspect's free will, without coercion, undue influence, or Application of legal principles regarding confessions to
inducement. hypothetical scenarios in a law enforcement context.

Legal Standards
Courts examine the totality of circumstances to determine
whether a confession was made voluntarily. This includes looking
at both the behavior of law enforcement and the mental state of
the suspect.
CDI3 - Lesson 7 b. Key Requirements for Admissibility:

1. Dying Declarations 1. Belief of Impending Death. The declarant must


the statements made by a person under the belief of imminent have made the statement under the genuine
death, concerning the circumstances leading to their death. belief that death was imminent and inevitable.
2. Relevance to Cause of Death. The statement
According to Section 37 of the Rules of Court, a dying declaration must directly pertain to the cause or
is a “declaration… made under the consciousness of an circumstances of what the declarant believed
impending death, [and] may be received in any case wherein his to be their impending death.
death is the subject of inquiry, as evidence of the cause and 3. Declarant's Competence. The person making
surrounding circumstances of such death.” the declaration must have been competent at
the time of making the statement.
Example: A victim identifying their attacker before succumbing to
their injuries. c. Exception to Hearsay Rule:
Presumption of Truthfulness. Dying declarations are
As a rule, dying declarations are hearsay and are inadmissible as treated as exceptions to the hearsay rule because the law
evidence. presumes that a person, who is aware of their impending death, is
unlikely to lie. The rationale is that the awareness of impending
For a dying declaration to be exempted from the hearsay evidence death removes the incentive to falsify, making the statement
rule, it must meet the following requisites: more trustworthy.
1. That the declaration must concern the cause and
surrounding circumstances of the declarant's death; PNP Guidelines
2. That at the time the declaration was made, the declarant a. Gathering Dying Declarations:
was under a consciousness of an impending death; The PNP Operational Procedures Manual provides guidelines for
3. That the declarant is competent as a witness; officers on how to handle and record dying declarations. Officers
4. That the declaration is offered in a criminal case for are trained to promptly and accurately document these
homicide, murder, or parricide, in which the declarant is statements, ensuring that they capture the declarant's words
a victim. verbatim.

2. Independent Relevant Statements


are those that provide context to a case, even if not directly
related to the main issue.

In People v. Lobrigas: Under the doctrine of independently


relevant statements, only the fact that such statements were
made is relevant and the truth or falsity thereof is immaterial. The
hearsay rule does not apply, hence, the statements are admissible
as evidence. Evidence as to the making of such a statement is not
secondary but primary, for the statement itself may constitute a
fact in issue or be circumstantially relevant as to the existence of
such fact.

Example: A statement made by a witness that sheds light on the


behavior of the accused before a crime occurred.

Legal framework governing dying declarations and independent


Witnesses. If possible, officers should have a witness present
relevant statements in the Philippines.
when recording a dying declaration to strengthen its credibility.

Philippine Revised Rules of Evidence


b. Independent Relevant Statements
a. Rule 130, Section 37 of the Philippine Revised Rules of
PNP guidelines emphasize the importance of documenting
Evidence specifically governs dying declarations. This
independent relevant statements in police blotters and
rule states that a dying declaration is admissible as an
investigation reports. These statements, although not directly
exception to the hearsay rule if it meets certain criteria.
related to the main issue, can provide critical context or support
other Evidence.

c. Importance of Proper Documentation


Accuracy and Detail
Proper documentation is crucial as it ensures that the statements Weight of Evidence
can be reliably used in court. Any omission or inaccuracy in While dying declarations are powerful evidence, courts
recording could lead to challenges in the statement’s admissibility. may weigh them alongside other evidence to determine the
overall guilt or innocence of the accused. The credibility of the
Chain of Custody declaration, including the manner in which it was recorded and
Maintaining a clear chain of custody for recorded statements presented, is critically assessed.
helps establish their authenticity and reliability, which is essential
for their acceptance in court proceedings. Admissibility and weight of DYING DECLARATION as evidence in
court
Case Law Examples: a. Weight of Dying Declarations
a. People v. Gomez b. Credibility
Case Summary The weight given to a dying declaration depends on the credibility
In People v. Gomez, the victim made a statement of the statement. Factors like the coherence of the statement, the
identifying the assailant shortly before dying from his injuries. This mental state of the declarant, and the absence of any external
statement was admitted as a dying declaration under Rule 130, influence play a significant role. If the statement is consistent with
Section 37. other evidence, such as forensic findings or witness testimony, it
The Supreme Court held that the victim’s statement met may be given significant weight.
the criteria for a dying declaration, as it was made with the clear
belief of impending death and directly concerned the cause of c. Corroboration
death. A dying declaration may carry more weight if corroborated by
other pieces of evidence. While corroboration is not necessary for
b. People v. Salafranca admissibility, it can greatly enhance the declaration’s impact in
Case Summary court.
In People v. Salafranca, the court considered a statement
made by a victim shortly before death. The statement was d. Judicial Discretion
admitted as a dying declaration and played a significant role in the Ultimately, the court has discretion in determining the weight of a
conviction of the accused. dying declaration. The judge will consider all circumstances,
The court evaluated the circumstances under which the including the declarant’s condition, the manner in which the
statement was made, particularly focusing on the declarant's statement was taken, and its consistency with other evidence.
belief of impending death and the relevance of the statement to
the cause of death. Admissibility and Weight of INDEPENDENT RELEVANT
STATEMENTS
c. Evaluation of Admissibility and Reliability: a. Admissibility
Court's Approach For an independent relevant statement to be admissible, it must
Courts generally look at the context in which the dying be relevant to the issues in the case and made under
declaration was made. They assess whether the declarant circumstances that indicate reliability. Examples include
genuinely believed they were about to die and whether the statements made during or immediately after the commission of a
statement directly pertains to their death. crime, which help explain the motive, intent, or identity of the
Courts also consider the accuracy of the documentation perpetrator.
by the police or other authorities. Proper adherence to b. Weight
procedures, as outlined in the PNP guidelines, significantly The weight given to these statements depends on their
impacts the court’s decision on whether to admit the statement consistency with other evidence and the circumstances under
as evidence. which they were made.
Courts will assess whether the statements were made
spontaneously and voluntarily, without coercion, and whether
they align with the overall facts of the case.
CDI3 - Lesson 8 Witness and Suspect Interviews
1. Interviewing Witnesses
Theft is defined as the unlawful taking of personal property with a. Approach Build rapport and ask open-ended
the intent to deprive the owner of it. questions.
b. Recording Statements Take detailed notes or
Elements of Theft record interviews with permission.
1. Taking - Unlawful removal of personal property. 2. Techniques for Interviewing Suspects
2. Personal Property - Property that is movable and owned a. Building Trust Use non-confrontational
by another. methods.
3. Without Consent - The property is taken without the b. Obtaining Confessions Use techniques like the
owner’s permission. Reid Technique or PEACE Model as appropriate.
4. With Intent to Permanently Deprive - The perpetrator
intends to permanently deprive the owner of the Surveillance and Forensic Analysis
property. 1. Using Surveillance Footage
a. Footage Review Analyze video recordings for
Overview of Relevant Provisions under the Revised Penal Code identifying suspects or vehicles.
Article 308 - Defines theft and outlines the basic b. Technology Use software for enhancing and
penalties. analyzing footage.
Article 309 - Specifies the penalties for theft depending 2. Forensic Analysis
on the value of the property stolen. a. Fingerprints Collect and analyze fingerprint
Article 310 - Discusses the concept of "aggravating evidence.
circumstances" which can affect sentencing. b. DNA Understand the basics of DNA evidence
collection and analysis.
Investigative Methods and Techniques

Crime Scene Management

1. Securing and Preserving the Crime Scene


Initial Actions Isolate the scene to prevent contamination.
Perimeter Control Establish barriers to keep unauthorized
personnel out.

2. Documenting the Scene


Photographs Capture detailed images of the crime scene from
various angles.
Sketches Create detailed drawings of the scene, noting the
location of evidence.

Evidence Collection

1. Types of Evidence
a. Physical Evidence Items such as stolen goods,
tools used in the crime, etc.
b. Documentary Evidence Records or documents
related to the crime.
c. Testimonial Evidence Statements from
witnesses or suspects.
2. Techniques for Collecting and Preserving Evidence
a. Proper Handling. Use gloves and appropriate
containers.
b. Chain of Custody. Maintain a record of who
handles the evidence from collection to court.
Build rapport with the interviewee and clearly explain the purpose
Analysis of Real-Life Theft Cases of the interview.
a. Introduce Yourself and the Process Begin with a friendly
Case Study. Theft of Electronic Gadgets in a School introduction and explain the purpose of the interview.
Date March 2024 b. Clarify the Interview’s Purpose Explain that the goal is
Location Sta Cruz, Philippines to gather information to understand the incident fully.
School ABC High School c. Establish Rapport Engage in light conversation to make
the interviewee comfortable.
Incident Summary During a school holiday, the electronic gadgets
from ABC High School's computer lab were discovered missing Example
when the staff returned to work. The lab had been left secured "Hello, Mr. Santos, thank you for meeting with us. We’re here to
over the break, but upon reopening, it was found that several understand what happened with the missing gadgets from the
high-value items, including laptops, tablets, and printers, were computer lab. This is an opportunity for you to provide your side
stolen. of the story."

Initial Discovery 3. Account


Date Discovered The day after the holiday. Obtain a detailed account from the interviewee, focusing on their
Discovery A school staff member noticed the missing gadgets version of events.
when preparing the lab for the next term. a. Ask Open-Ended Questions Encourage the interviewee
to provide a detailed narrative of their actions and
Initial Action The staff member reported the theft to the school observations.
principal, who then notified local authorities. b. Encourage Detailed Responses Use prompts to help the
Investigative Action Securing the lab and documenting the interviewee elaborate on their account.
damage were crucial steps. c. Listen Actively Pay close attention to the interviewee’s
Evidence Collection responses, noting any inconsistencies or areas that need
a. Reviewing security records and interviewing staff were further clarification.
key to solving the case. Example
b. Collecting and analyzing evidence from the scene and "Can you describe your activities and whereabouts on the days
conducting interviews were essential. leading up to and including the holiday? Specifically, what was
Investigative Techniques your involvement with the computer lab during this time?"
a. Identify the Suspect conduct an internal investigation
and review of access logs revealed the perpetrator. 4. Closure
b. interview the staff members (PEACE model) and access Conclude the interview in a structured manner and confirm the
record analysis to identify the suspect. information provided.
a. Summarize Key Points Recap the main details provided
by the interviewee to ensure accuracy.
b. Ask for Additional Information Offer the interviewee a
chance to add any further information or clarify their
APPLYING PEACE MODEL TO 1 OF THE SUBJECTS (MR SANTOS) statements.
c. Explain Next Steps Inform the interviewee about what
1. Preparation and Planning will happen next in the investigation process.
Prepare thoroughly to ensure the interview is structured and
focused. Example
a. Review Case Information Analyze surveillance footage, "To summarize, you mentioned that you entered the computer lab
access logs, and witness statements to understand the during the holiday to check on some equipment. Is there anything
context of the theft. else you’d like to add or clarify? We will review this information
b. Prepare Questions Develop open-ended questions and and follow up if needed."
topics based on the evidence. Prioritize questions that
clarify the suspect’s activities and verify alibis.
c. Arrange Logistics Set up a quiet and neutral environment
for the interview. Ensure all necessary equipment, such
as recording devices, is ready.
Example
Review Mr. Santos’s access records and surveillance footage to
formulate specific questions about his presence in the computer
lab.

2. Engage and Explain


5. Evaluate Conducting and Simulating Interviews and Interrogations in a
Assess the interview’s effectiveness and the information gathered. Robbery Investigation
a. Review the Information Analyze the interviewee’s
responses in relation to other evidence and witness 1. Preparation and Planning
statements.
b. Identify Inconsistencies Look For any discrepancies or A. Understanding the Case Context)
inconsistencies in the interviewee’s account.
c. Plan Follow-Up Actions Determine if additional Case Briefing
interviews or investigative actions are needed based on Begin by reviewing the details of the robbery case, including the
the information gathered. time, location, method of the crime, and the individuals involved
(suspects, witnesses, and victims). Identify the key points that
Example need clarification or further information during the interviews and
Compare Mr. Santos’s account with access logs and CCTV footage interrogations.
to evaluate the consistency of his statements. Decide if further
questioning is necessary or if additional evidence needs to be Objective Setting
gathered. Clearly define the objectives of the interviews and interrogations.
What information are you trying to obtain? Are you looking to
CDI3 - Lesson 9 confirm an alibi, gather descriptions, or secure a confession?

Robbery, as defined by the Revised Penal Code (Articles 293-304) Legal Considerations
of the Philippines, is the act of taking personal property, with Review the legal framework for conducting interviews and
violence or intimidation against a person, with the intent to gain. interrogations, particularly focusing on the rights of the suspect
It differs from theft in that the use of force or threat is a primary under Philippine law (e.g., Miranda Rights). Ensure that all
element. procedures align with PNP guidelines and that any evidence
gathered will be admissible in court.
PNP Guidelines on Robbery Investigations
The Philippine National Police (PNP) outlines specific protocols for B. Role Assignments and Setup
handling robbery cases. These include:
1. Immediate preservation of the crime scene. Role Assignment
2. Detailed collection of physical evidence. 1. Investigators: Conduct the interviews and interrogations.
3. Conducting structured interviews with witnesses and 2. Witnesses: Provide testimony based on predefined
victims. scripts.
4. Securing confessions and statements through legal 3. Suspects: Respond to interrogation based on character
interrogation methods. profiles that include whether they are innocent or guilty.
4. Observers: Monitor the process and provide feedback.
Importance of Interviews and Interrogations in Robbery
Investigations Environmental Setup
Interviews with victims and witnesses are vital in Arrange the classroom to simulate the settings where interviews
gathering firsthand information about the crime, identifying and interrogations
suspects, and verifying facts. would typically take place
Interrogations of suspects help law enforcement obtain
confessions or critical details that can lead to solving the case. Interview Room: A neutral, comfortable space for interviewing
witnesses and victims.
Common Challenges in Robbery Investigations Interrogation Room: A controlled environment designed to
1. Witnesses may provide conflicting or unreliable encourage suspects to speak, while respecting their legal rights.
information due to stress or fear.
2. Suspects may refuse to cooperate or may provide
misleading information during interrogations.
3. Ensuring that evidence gathered during interrogations is
admissible in court, which requires strict adherence to
legal standards, such as Miranda Rights.
2. Conducting the Interview Simulation Interrogation Techniques

A. Interviewing Witnesses Use a combination of techniques, such as:


a) Reid Technique - gradually increases the intensity of
Structured Interview Approach questioning, starting with non-threatening questions and
Start with open-ended questions to allow witnesses to provide a moving toward more direct ones as the suspect becomes
full account of what they saw or heard. Use follow-up questions to more comfortable.
clarify details, such as the physical descriptions of the suspects, b) PEACE Model - Encourage the suspect to tell their story
the sequence of events, and any unusual behavior observed in their own words without interruption, then analyze
during the Robbery. inconsistencies.

Cognitive Interview Techniques Confronting Inconsistencies


Encourage witnesses to recreate the mental context of the crime a) Present evidence that contradicts the suspect’s
scene by asking them to recall specific sensory details (e.g., statements and ask them to explain these discrepancies.
sounds, smells). Guide them through recalling the event from b) Monitor the suspect’s reactions closely—both verbal and
different perspectives, such as what they noticed before the non-verbal cues can indicate whether they are being
robbery started and what they observed after the suspects fled. truthful.

Documentation B. Ensuring Legal Compliance


Record all statements accurately and ensure that witnesses sign
off on their testimonies. Use recording devices if appropriate and Voluntariness of Confession
allowed by law. Ensure that any confession obtained is voluntary and not the
result of coercion, intimidation, or deception. Provide access to
B. Interviewing Victims legal counsel if requested by the suspect, and ensure that all legal
1. Empathetic Approach: protocols are followed.
a) Use a calm and reassuring tone to build trust
and encourage them to share their experience. Recording and Documentation
b) Focus on gathering crucial information such as Record the entire interrogation process for transparency and legal
the suspect's actions, any spoken words during purposes. Document the suspect’s statements in a formal report,
the robbery, and the exact nature of the threat ensuring that they sign it to confirm its accuracy.
used.
2. Behavioral Cues:
a) Pay attention to the victim’s body language and Think about how you can apply the skills and knowledge gained in
emotional state. This can provide insights into real-life scenarios, emphasizing the importance of balancing
the reliability of their testimony and whether effective investigative techniques of conducting interview and
further support might be needed. interrogation with legal and ethical responsibilities

3. Conducting the Interrogation Simulation

A. Interrogation of Suspects

Initial Approach
Begin the interrogation by informing the suspect of their rights
under Miranda and ensuring they understand these
rights.
Establish rapport with the suspect, creating an environment
where they might feel
comfortable enough to speak.
CDI3 - ftf takes - Includes elective and appointive officials and employees,
permanent or temporary, whether in the career or
Interrogation new name is Custodial Debriefing non-career service, including military and police
Mutt & Jeff (Bad & Good) –weakest link personnel, whether or not they receive compensation,
regardless of amount.
- Introduction - demographic Public office is a public trust
- Rapport - Public officers and employees who served with the
- Opening statement - reason behind (interest) highest degree of integrity, responsibility and efficiency
- Narration - storytelling base sa crime (do not interrupt manifests.
an stay focused) PCAD - Police Community Affairs and Development
- Inquiry - ask questions sa part na hindi maintindihan to - Designed to influence public opinion in favor of the
clarify police force.
- Closing statement - closure (thank you, apology sa - formerly as Public Relations Program
naabalang oras) SUPER EGO
Kinds of Cops - “PMSg. Libagin and PMSg. QPal were in the preliminary
- Knight/Eagle - pinakamabait hearing of the Ampatuan Massacre. However, while the
- Police/eskalavy trial was ongoing, the latter felt hungry. Yet, he could not
- Grass eater - suhol eat because he needed to fulfill his duty as court hearing
- Meat eater - gagawa ng corruption sa ibang security, so he stayed at the hearing and waited until it
lugar or maghahanap was finished”
White lies - nagkamali ng hinuli (napagkamalan) Conscience
Black lies - normal na sinungaling - A voice of reason bidding oneself to avoid evil and do
Psychology - study of human behavior good.
Psychiatry - study of human mind Moonlighting
Mens rea - guilty mind - As a general rule, police officers are not permitted or
Actus reus - guilty act allowed to engage in any other business or calling.
Confession - inaamin 100% Moonlighting
Admission - certain fact na inamin pero hindi lahat - PMSg. Diddy faced financial problems, which were
Stop & Freeze - kinakapkapan noticed by his colleague, PMSg. Longgadog. As a result,
Longgadog offered him a job with 22 VIP security
Malfeasance: Doing something illegal or wrong intentionally. personnel at a POGO with a salary of 60,000 pesos per
- Alam na mali, pero ginawa month. Later on, the latter accepted the offer and began
Misfeasance: Doing something legal, but doing it badly or as a VIP security personnel.
improperly. Bribery
- Ginawa pero nagkamali - PMSg. Diddy faced financial problems which were
Non-feasance: Failing to do something when there’s a duty to act. noticed by his colleague, PMSg. Longgadog. As a result,
- Hindi ginawa Longgadog offered him a job as VIP security personnel at
a POGO with a salary of 60,000 pesos per month. Later
Cardinal Values on, the latter accepted the offer as a VIP security
Fortitude: personnel.
● Perseverance None
● Prudence - PMSg. Diddy faced financial problems, which were
● Justice noticed by his colleague, PMSg. Longgadog. As a result,
● Temperance Longgadog offered him a job aS VIP security personnel at
Bribery a POGO with a salary of 60,000 pesos per month. With
a. Direct this statement, the former is liable for what crime?
b. Indirect Malfeasance
- PMSg. Bownikat and his colleagues were having drinks
Use of Proper Means to Obtain Proper Ends beside their barracks when they saw someone walking
- Police officers must only employ legal methods in the with a red suitcase. Suddenly, their phone rang, and they
conduct of their work. received a report about a suspect in hot pursuit-a thief
Word of Honor with a red bag. They quickly followed and arrested the
- “Patrol Kardo has been found liable of serious latter without warrant. With this statement, this arrest
dishonesty, which is a grave offense reflecting a person’ without a warrant may amount to;
character and exposes the moral delay which virtually
destroys his honor, virtue and integrity.” Discernment - the mental capacity to distinguish right from
wrong?
Public Officials
lectures - prelims

CLJ2

LEA4

CDI4

CLJ3

CRIM4

CDI3

CFLM2

CRIM3

CA1

You might also like