CDI3
CDI3
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?”
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:
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."
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. 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
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CRIM3
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