SPECIALIZED CRIME

INVESTIGATION II
With Simulation on Interrogation and Interview
INVESTIGATION
An inquiry, judicial or otherwise, for the
discovery and collection of facts
concerning the matters involved.
INVESTIGATION
The process of inquiring, eliciting,
soliciting or getting vital
information/facts/circumstances in order
to establish the truth (PNP, 2011).
SPECIALIZED CRIME INVESTIGATION II
With Simulation on Interrogation and Interview

• The Revised Penal Code

• Special Penal Code

CRIME INVESTIGATION
An ensemble of methods by which crimes
are studied and criminals apprehended.

Objectives: Ascertain the methods, motives,

and identities of criminals and the identity of
victims as well as search and interrogate
witnesses.
CRIME INVESTIGATION
It is the lawful, objective, logical search
for people and things useful in
reconstructing the circumstances
surrounding the commission of a crime
(Sabino – Diangson, 2020, p. 17)
SPECIAL CRIME INVESTIGATION
A special study of modern techniques in
the investigation of serious and specific
crimes including murder, homicide, rape,
abortion, robbery, arson, kidnapping,
blackmail, carnapping and criminal
negligence.
THE ART OF OBTAINING INFORMATION

INTERVIEW
LEARNING OBJECTIVES:

At the end of the topic, you are expected to have:

1) Define the terms used in the Topic: Interview.

2) Analyze the Golden Rule of Interview.
3) Interpret the Qualities of Good Interviewer.
4) Analyze the Reasons why Witnesses Refuse to Talk and Testify.
5) Simulate the Conduct of Interview.
6) Apply the Rules in Questioning.
7) Analyze the Types of Witnesses According to their Attitude.
 INTERVIEW

It is the questioning of a person believed to possess

information which is relevant to the investigation of a crime or on

criminal activities.
 COGNITIVE INTERVIEW

- it is a form or technique in the conduct of interview upon willing

and cooperative witnesses, where they are given the full opportunity to
narrate their accounts without intervention, interruption and inference
from the interviewer. After narration, the subject will be subjected to
direct examination and cross examination, to clarify the unexplained
portion to arrive at a clear and complete picture of the testimony.
Leading questions greatly helps the investigator to obtain the full and
desired information.
 THE GOLDEN RULE OF INTERVIEW

“Never conduct or let anyone conduct an interview if the

interviewer has not gone to the crime scene. The questioning should
be in agreement with the facts and conditions at the crime scene.
The questioning will lead wayward for the interviewer who had not
seen personally the crime scene and he will not be in a position to
distinguish half-truths, exaggerations or falsehood from the answers
of the person being interviewed.”
 Qualities of a Good Interviewer

1. RAPPORT

- it is the development of intimacy between the interviewer and the

interviewee.

It is winning the confidence of a person being interviewed in order

that he will tell all the information in his possession.

The interviewer must be in respectable civilian attire because many

thinks that uniform is intimidating.

2. FORCEFUL PERSONALITY
- The appearance of the interviewee and other qualities such as skills
of communication techniques and the force of his language are the
mainstays of the strength of his character.

3. Knowledge of Human Behavior

- The ability of the interviewer to determine the personality and
intelligence of his subject. He must go down and up to the level of
understanding of his particular subject – the interviewee.
4. Conversational Tone of Voice
- His tone of voice must be conversational, not confrontational
as in interrogation.

5. Common Interest
- His preliminary probing questions should be aimed to
establish common interest between him and the subject.
6. Acting Qualities
- He must possess the qualities of an actor, salesman, and
psychologist and know how to use the power of persuasion.

7. Humility
- He must be courteous, sympathetic and humble, ready to ask
apologies for the inconvenience of the interview
 Reasons Why Witnesses Refuse to Talk and Testify

1. Fear of Reprisal
- It is always entertained by witnesses who lack the courage to face
the suspect, his company or relatives.

This is natural for witnesses who have no means to protect

themselves or no influential person to rely on.

The investigator’s power of persuasion plays a vital role.

2. Great Inconvenience
- The ordeal of testifying in court is an inconvenience on the
part hands-to-mouth and to the unemployed.

3. Hatred against the Police

This hatred maybe due to previous bad experience with rogue
members of the police organization.
4. Bias of the Witness
- The witness maybe an acquaintance, friend, helper, or
benefactor of the suspect.

5. Avoidance of Publicity
- There are witnesses who are shy and they shun publicity that
will bring them discomfort to their ordinary or obscure way of living.
6. Family Restriction
-Some famous and respected families preserve their
reputations by instilling to their members the need of approval of
their elders on matters affecting their families.

7. Bigotry
- Religious or racial, tribal or ethnic indifference.
Common Technique to Convince Witnesses to Talk
and Testify

Many of these witnesses want that they will not be utilized as

formal witnesses but to remain anonymous. The investigator must
initially agree that the testimonies be given the shroud of
confidentiality. After the full disclosure of the information, the
investigator then persuades these witnesses to be utilized as formal
witnesses especially when there is the necessity of the testimonial
evidence. The power of persuasion plays a key role.
 Stages of Handling the Interview

1. Preparation
The investigator should review the facts at the crime scene
and information from other sources in order that he would be ready
for the questioning.

A background data of the subject should be available so that

he could adapt himself to the kind of approach to be employed.
2. Approach
- The investigator must carefully select his kind of approach,
which maybe a single kind, a combination of two or the application
of all the techniques.

3. Warming Up
This is being done by preliminary or exploratory questions to
clear the atmosphere, promote a conducive ground for cordiality,
respect, and trust for each other.
4. Cognitive Interview
The subject is now asked to narrate his account without
interruption, intervention or inference.
 Rules in Questioning

1. One Question at a Time

- Avoid multiple, complex and legalistic questions. One
question at a time is desired.

2. Avoid Implied Answers

- The nod of the head or any other body language as a
response to the question should be avoided. The answer must be
oral, clear, explicit and responsive to the questions.
3. Simplicity of Questions
- A short simple question at a time is required. Avoid legalistic
questions.

4. Saving Faces
- Embarrassing questions on the subject on matters of
exaggeration or honest errors about time, distance and description
can be avoided if the investigator will cooperate with subject to
“save his face.”
5. Yes and No Answers
- Do not ask questions which could be answered by YES or NO.
It will curtail the complete flow of information and will lead to
inaccuracy.
Types of Witnesses
According to their
Attitude
 Types of Witnesses According to their Attitude

1. Know-Nothing Type
- These are the reluctant types of witnesses. They are among
the uneducated and of low-level of intelligence.

2. Disinterested Type
- This is the uncooperative and indifferent subject. Their
indifference should be demolished to arouse their interest or be
flattered.
3. The Drunken Type
- The style of questioning by the investigator should be adapted to the
psychology of the subject. When the drunken subject sobered, another
interview will be conducted, confronting him about his disclosures while in the
state of drunkenness. Written statement must be taken during his sobriety.

4. Suspicious Type
- These types of witnesses are suspicious about the motive and actions
of the investigator. The barrier of the suspicions may be removed by sincere
explanations or psychological pressure.
5. Talkative Type
- These are witnesses who are prone to exaggerate, adding
irrelevant or new matters to their narrations. The skillful investigator
could prune the unnecessary matters from relevant ones.

6. Honest Witnesses
- These are truthful and cooperative witnesses where the
investigator could rely upon, with little or no problem in handling
them.
7. Deceitful Witness
- These are liar type of witnesses. Let them lie and order them
to repeat several times their narrations. They will be enmeshed in
contradictions.

8. Timid Witness
- They are the shy-type of witnesses. The approach must be
friendly and reassuring confidentiality of their information.
9. Refusal to Talk Witnesses
- These are the most difficult subjects to deal with. The causes
maybe trauma, shock, fear, hatred, and others.
Note:

All complaints and testimonies of witnesses are subjected to

the crucible of truth. Utmost care must be exercised before
concluding the culpability of the suspect.

Complaints and testimonies shall be reduced to writing in

the form of Questions and Answers – never use an affidavit form.
Complaints and testimonies must be placed under oath before
an officer authorized to administer oath.
THE ART OF INTERROGATION
INTERROGATION

LEARNING OBJECTIVES:

At the end of the topic, you are expected to:

1. Define and analyze the terms used in Interrogation.

2. Differentiate Confession from Admission.
3. Differentiate Extra-Judicial Confession from Judicial Confession.
4. Model the Techniques of Interrogation.
 INTERROGATION
- is the skillful questioning of a hostile person suspecting of having
committed an offense or of a person who is reluctant to make a full
disclosure of information in his possession which is pertinent to the
investigation.

- is one of the most difficult but most interesting phases of criminal

investigation and detection. It is the confrontational battle of wits
between the investigator and the suspect. It is a mental combat where
the weapon is intelligence and the use of the art. Victory depends upon
proper and effective use of the art.
 INTERROGATION ROOM

The room should provide freedom from

distractions. It should be designed simply to
enhance the concentration of both the
interrogation and the subject on the matter
under questioning
 CUSTODIAL INTERROGATION

- it denotes the investigation conducted by the investigator on

the suspect who is under his custody.
 GOLDEN RULE OF INTERROGATION

“Make him admit something, no matter how small or trivial.

Usually the first admission will lead to another. In securing the first
admission is the biggest stumbling block in dealing with tough
suspects.”
 Purposes of Interrogation

a. On the part of the suspect, it is to extract confession or

admission.

b. On the part of the uncooperative or unwilling witness, it is to

extract the information he possesses.
 Confession Distinguished from Admission

Confession
– it is the direct acknowledgement of guilt arising from the
commission of a crime.

- Also defined as an acknowledgment by a suspect that he/she

has committed a crime. It includes an acknowledgment of the
commission of all the elements of the crime and the person's
involvement in the commission.
Admission
– it is an acknowledgement of a fact or circumstance without
accepting the guilt.

- Also defined as an acknowledgment by the suspect of certain

facts that tend to incriminate him/her with respect to a particular
crime, but which are not sufficiently complete to constitute a
confession.
 Kinds of Confessions

Extra-Judicial Confession
– those made by the suspect during custodial investigation's.

Judicial Confession
– those made by the accused in an open Court. The plea of
guilt during arraignment or any stage of the proceedings where the
accused changes his plea of not guilty to guilty.
Rights of the Accused During Custodial Investigation

a. Right to remain silent.

b. Right to counsel of his own choice and if he has none, the

government must provide onefor him.

c. Right to be informed of the nature of the charges against

him and whatever he saysmaybe used for or against him.
 These rights could be validly waived in writing and with the
assistance of Counsel in order that the ensuing confession be
admissible in evidence. The confession must also be in writing,
signed and sworn to by the accused.
 The Techniques of Interrogation

a. Emotional Appeal

– this is a technique where the investigator, combining his skills

in of an actor and a psychologist, addresses the suspect with an
emotional appeal to confess. This is applicable to first time offenders
or those who are of the emotional type of characteristics displayed by
nervousness or emotional disturbances. Devotees of areligious may
belong to this type
b. Sympathetic Approach
– the investigator, in his preliminary or probing questions must
dig deep into the past troubles, plight and unfortunate events in the
life of the suspect. An offer of help, kindness, friendliness, may win
his cooperation.

c. Friendliness
– a friendly approach coupled with posture of sincerity may
induce the suspect to confess.
d. Tricks and Bluffs:

1. The Pretense of Solid Evidence against the

Accused
– the investigator bluffs the suspects that even if he will
not confess, there is enough evidence to send him to jail. If he will
confess, the investigator will see to it that his prison term will be
within the range of probation.
 2. The Weakest Link
– among the suspects, there must be a careful selection
as to who among them is the weakest link where the interrogation
will begin. By tricks and bluffs, this weakest link will be told that his
companions had already confessed. That this weakest link had dealt
the fatal blow or that he received the lion share of the loot in order
to intrigued him.
 3. Drama

– the weakest link used to fake pain and the agony by ordering him
to shout, accompanied by banging a chair on the wall to make it appear that a
commotion is going on. The other suspect in separate rooms must hear the
DRAMA before telling them that their partner had confessed.

4. Feigning Contact with Family Members

– the suspect could be tricked that the investigator had gone to the
residence and the family members had supplied facts against the suspect. The
suspect’s family will be dragged in to the investigation if the suspect will not
confess.
 5. More Tricks and Bluffs
– depending upon the imagination of the investigator in
each particular situation.

6. The Line-up
– the complainant, witness or victim is requested to point
positively the suspect who is among persons in the police line-up.
The witnesses, victims or complainant are previously coached about
the identity of the suspect.
 7. Reverse Line-up
– the suspect is placed among other persons in a line up
and he is identified by several complainant and witnesses who will
associate the suspect in other several crimes. This will cause the
suspect to become desperate and confess only to the case under
investigation, to avoid from being charged on false accusations.
e. Stern Approach
– the investigator displays a stern personality towards the
suspect by using the following method:

1. Pretense of Physical Evidence

– it is the pretense of laboratory or scientific findings
pointing to the suspect.
 2. Jolting
– in the questioning process, the investigator selects the right
moment to shout a pertinent question in an apparent righteous outrage.
The suspect’s nerves will break to a confession.

3. Indifference
– the presence of the suspect, the investigator will discuss
and debate about the string evidence of the case that will result to
conviction of maximum penalty. Their aim is to induce the suspect to
confess by conditioning his mind that he is finally cornered with no other
recourse but to confess.
 4. Feigning Protection and Consideration
– the investigator asks series of questions appearing to be
formalities with the impression that he knows the answers. That these
questions are asked as matters of considerations of the rights, protection
and advantage of the suspect.

5. Opportunity to Lie
- the suspect is given all the opportunities to lie. The suspect is
questioned about his personal life and family and friends and his knowledge
about the commission of the crime. This is repeated many times.
f. The Mutt and Jeff or Sweet and Sour Method
– the first set of investigators must appear to be rough, mean
and dangerous. When they had finished the interrogation, the
second investigator intervenes by stopping the first set of
investigators. By being sympathetic and understanding, he begins
his interrogation. If the suspect still refuses to cooperate, then the
process is repeated until there is confession.
g. Removing the Ethnic or Cultural Barrier
– If the suspect is an Ilocano, he should be interrogated by an
Ilocano investigator and the same with other ethnic or cultural groups.

h. Searching for the Soft Spot

– in every man’s heart, there is always that softest spot. That
spots maybe the youngest child, the wife, the mother, the brother who
acted as his father, the grandparents or the best friend. Once
discovered, there must be a face to face meeting with that person and
that heart of steel will melt to pieces.
 Additional Modern Techniques

a. Rationalization
– it is the use of reasons, which is acceptable to the subject
that led to the commission of the crime.
b. Projection
– it is the process of putting the blame to other person, not
alone to the suspect.

c. Minimization
– it is the act of minimizing the culpability of the suspect. The
investigator convinces the suspect that a confession will reduce the
offense and the penalty.
Physical Signs of Deceptions:

a. Sweating
b. Color Change
c. Dry Mouth
d. Breathing
e. Pulse
f. Avoidance of Direct Eye Contact
INTERROGATION/INTERVIEW
TECHNIQUES

1.REID METHOD
2.PEACE METHOD
3.MENDEZ METHOD
4.KINESIC INTERVIEW METHOD
REID METHOD
Also known as The Reid Technique of Interviewing
and Interrogation, is the technique widely used by
police departments. The Reid Technique involves
three components namely.

1. FACTUAL ANALYSIS
2. BEHAVIOR ANALYSIS INTERVIEW
3. INTERROGATION
 1.FACTUAL ANALYSIS
Inductive approach where each individual suspect is
evaluated with respect to specific observations
relating to the crime.

• Crime scene analysis

• Information learned about the suspect.
 GOAL OF FACTUAL ANALYSIS

• Establish an estimate of a particular suspect’s

probable guilt or innocence based on such things as
the suspect’s bio– social;
• Opportunity and access to commit the crime;
• Behavior before and after the crime
• Motivations and propensity to commit the crime
• Evaluation of physical and circumstantial evidence
 2. BEHAVIOR ANALYSIS INTERVIEW

It is a non– accusatory question and answer session,

involving both standard investigative questions and
structured ‘behavior provoking’ questions to elicit
behavior symptoms of truth or deception from the
person being interviewed
 BEHAVIOR ANALYSIS INTERVIEW

The investigator first ask background questions, to

establish personal information about the suspect and
allow the investigator to evaluate the suspect’s normal
verbal and nonverbal behavior.

The investigator then asks behavior provoking

questions intended to elicit different verbal and non–
verbal responses from truthful and deceptive suspects.

The investigator will ask some investigative questions

during this stage.
 INTERROGATION (9 STEPS)
1. DIRECT, POSITIVE CONFRONTATION
2. THEME DEVELOPMENT
3. HANDLING DENIALS
4. OVERCOMING OBJECTIONS
5. PROCUREMENT AND RETENTION OF SUSPECT’S
ATTENTION
6. HANDLING THE SUSPECT’S PASSIVE MOOD
7. PRESENTING AN ALTERNATIVE QUESTION
8. HAVING THE SUSPECT RELATE DETAILS OF THE OFFENSE
9. CONVERTING AN ORAL CONFESSION TO A WRITTEN
CONFESSION
 DIRECT, POSITIVE CONFRONTATION

This is where the investigator tells the suspect that

the evidence demonstrates the person’s guilt. If the
person’s guilt seems clear to the investigator, the
statement should be unequivocal (Inbau, F., Reid, J.E.,
Buckley, J. et al., 2013, p. 107).
 THEME DEVELOPMENT

This is where the investigator presents a moral

justification (theme) for the offense, such as placing
the moral blame on someone else or outside
circumstances. The investigator presents the theme
in a monologue and in a sympathetic manner (Inbau,
F., Reid, J.E., Buckley, J. et al., 2013, p. 115)
 HANDLING DENIALS

When the suspect asks for permission to speak at

this stage, likely to deny the accusations, the
investigator should discourage allowing the suspect
to do so.The innocent suspects are less likely to ask
for permission and more likely to promptly and
unequivocally deny the accusation. It is very rare for
an innocent suspect to move past this denial state
(Inbau, F., Reid, J.E., Buckley, J. et al., 2013, p. 139)
 OVERCOMING OBJECTIONS

When attempts of denial do not succeed, a guilty

suspect often makes objections to support a claim of
innocence, phrases such as “I would never do that
because I love my job” are commonly used
 PROCUREMENT AND RETENTION OF SUSPECT’S
ATTENTION

The investigator must procure the suspect’s attention

so that the suspect focuses on the investigator’s
theme rather than on punishment. One way the
investigator can do this is to close the physical
distance between himself or herself and the suspect.
The investigator should also channel the theme down
to the probable alternative components (Inbau, F.,
Reid, J.E., Buckley, J. et al., 2013,p. 155)
 HANDLING THE SUSPECT’S PASSIVE MOOD

The investigator needs to intensify the theme

presentation and concentrate on the central reasons
he or she is offering as psychological justification and
continue to display an understanding and
sympathetic demeanor in urging the suspect to tell
the truth (Inbau, F., Reid, J.E., Buckley, J. et al., 2013,
p. 161).
 PRESENTING AN ALTERNATIVE QUESTION

The investigator should present two choices,

assuming the suspect’s guilt and develop as a logical
extension from the theme, with one alternative
offering a better justification for the crime e.g., “Did
you plan this thing out or did it just happen on the
spur of the moment?”

The investigator may follow the question with

supporting statement “which encourages the suspect
to choose the more understandable side of the
alternative (Inbau, F., Reid, J.E., Buckley, J. et al.,
2013, p. 168)
 HAVING THE SUSPECT RELATE DETAILS OF THE
OFFENSE

After the suspect accepts one side of the alternative

thus admitting guilt, the investigator should
immediately respond with a statement of
reinforcement acknowledging that admission. The
investigator then seeks to obtain a brief oral review
of the basic events, before asking more detailed
questions (Inbau, F., Reid, J.E., Buckley, J. et al., 2013,
p. 176).
 CONVERTING AN ORAL CONFESSION TO A WRITTEN
CONFESSION

The investigator must convert the oral confession

into a written or recorded confession. The website
provides some guidelines, such as repeating Miranda
warnings, avoiding leading questions, and using the
suspect’s own language (Inbau, F., Reid, J.E., Buckley,
J. et al., 2013, p. 182).
 PEACE METHOD

• PLANNING AND PREPARATION

• ENGAGE AND EXPLAIN
• ACCOUNT
• CLOSURE
• EVALUATION
 PEACE METHOD

Developed in the United Kingdom in response to a

number of documented forced confessions and
associated wrongful convictions in the 1980s and 90s
(Norwegian Center for Human Rights,2017).
 PLANNING AND PREPARATION

It is one of the most important steps in investigative

interviewing: without interviews may fail before they
even begin.
 ENGAGE AND EXPLAIN

• Engaging the interviewee and establishing rapport

in the first step to encouraging a conversation.
• The most influential factor in ensuring productive
interviews.
• The aim is to engage the interviewee so that a
cooperative and relaxed relationship (one that
stimulates memory and communication)
 ACCOUNT

Interviewers interviewee should to allow present the

their uninterrupted free account of the case or event
under investigation; this is after establishing rapport
and explaining the ground rules for interview.
 THREE (3) MAIN STEPS IN GETTING THE FREE
ACCOUNT:

• Introduce and explain the form and purpose of the free

and uninterrupted account;

• Hand over the initiative (“give the floor”) to the victim,

witness or suspect (as applicable)

• Employ active listening while the interviewee presents

the free and uninterrupted account.
 CLOSURE

As the interview comes to an end, the interviewing

officer should explain what will happen next by giving
the interviewee appropriate information about the
next stages of the process: for example, inform the
suspect of potential pre– trial detention, tell
witnesses whether or not they should expect to
attend court, etc.
 GOALS OF CLOSURE:

• Ensure there is a mutual understanding of the

interviewee’s account by reviewing and summarizing
it;
• Verify that all aspects have been sufficiently covered
by checking that interviewees have given all the
information they are able and willing to provide;
• Secure the integrity and dignity of the interview, the
legitimacy of any subsequent criminal proceedings,
and keep channels open for future communication.
 EVALUATION

This is the phase wherein the interviewer evaluates

the entire process of the interview and determines if
his objectives where met.

He also evaluates the method he used in acquiring

useful statements from the witness, victim, or
suspect and the effectiveness of said method.
If the interview is evaluated by a supervisor, senior
officer or colleague, make sure that the interviewing
officers are given the opportunity to comment on
their own performance, before the evaluator gives
their points, starting with what was positive, moving
on to what could be improved next time.
 MENDEZ METHOD

Also known as PRINCIPLES ON EFFECTIVE INTERVIEW

FOR INVESTIGATIONS AND INFORMATION
GATHERING.

Named after JUAN MENDEZ, the Argentine Lawyer,

torture survivor and former UN member.
 MENDEZ METHOD

Is a concreate alternative to interrogation methods

that rely on coercion to extract confessions. They
provide guidance on obtaining accurate and reliable
information in full respect of human rights and
dignity of all, including through the implementation
of legal and procedural safeguards in the first hours
of police custody.
 THE MENDEZ METHOD HAS THREE (3)
PARTS:

• BEFORE
• DURING
• AFTER THE INTERVIEW
 BEFORE THE INTERVIEW – ENSURING A NON
COERCIVE ENVIRONMENT

• Involves the respect and fulfillment of human rights

from the first moment of contact between the
interviewee and authorities;

• Create conditions conducive to gathering accurate

and reliable information during the interview.
• Keeping the interviewee informed;

• Notification of family or Third Party;

• Access to Lawyer;

• Access to Medical Examination Care Preparations for

the interviewer and Health
 DURING THE INTERVIEW – ESTABLISHING AND
MAINTAINING RAPPORT

• Information and Gathering Techniques;

• Encountering Reluctance;

• Suspending the interview (interviewee requires

medical attention, if the lawyer requests a break)
 AFTER INTERVIEW –ASSESSMENT AND ANALYSIS

Once the interview has been completed, the

interviewer ensures that the information provided
during the process is subject to the appropriate level
of privacy and data protection.
 ASSESS AND ANALYZE THE FOLLOWING:

• The value and reliability of the information obtained

and how it fits with known evidence, information
gaps and other intelligence gathered;

• What further enquiries are necessary in order to

advance the investigation or operation;and

• Whether all relevant safeguards were applied

effectively
BASA BASA POD AYAW SIGEG PA CUTE