CHAPTER 1 AND 2 DISCUSSION PRELIM PERIOD

Main ideas, concepts, and lessons (Chapters 1–2: prelim period)

1) Investigation: definition and purpose

Origin/meaning

• The term investigation comes from Latin meaning “to track/look into traces” (related to “footprint”).
• Asoscopy/soinscopy is referenced as the study of footprints/traces to help identify a person.

What investigation is

• A fact-finding inquiry, typically conducted by law enforcement/police officers.
• It is conducted to:
  • Gather evidence
  • Interview witnesses
  • Assess the relevance of evidence
  • Support filing a complaint/information for preliminary investigation

Preliminary investigation (when filing to the prosecutor)

• A preliminary investigation is needed even when an information/complaint is filed.
• Complaint: subscribed by the offended party.
• Information: subscribed by the prosecutor.

Core aim / “threefold” purpose

• Identify the guilty party
• Locate the offender/offended party (as framed: identifying where/who and the incident’s key parties)
• Provide evidence to prove guilt in criminal proceedings

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2) Criminal investigation: art + science

Definition

• Linked to Latin “investigate” meaning to inquire and to discover—asking questions to learn what happened.

Characterization

• Considered an art because it involves:
  • identifying and locating the offender
  • providing evidence of guilt
• Governed by rigid rules/fixed legal procedures, but guided by intuition (hunches, sensing what is likely true).

Also described as science

• Involves forensic science / criminalistics / instrumentation.
• Used to identify, locate, collect, process, and evaluate physical evidence.

Physical evidence classifications (as stated)

• Corpus delicti
• Associative evidence
• Trace evidence

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3) Special crime investigation

Meaning

• A special study of modern techniques for serious/specific crimes.

Examples of specific crimes listed

• Murder, homicide, and serious offenses (e.g., subtitles contain errors, but rape and other serious offenses are clearly intended).

Key point

• Even within the same broad offense category, methods/strategies vary depending on:
  • the offender/suspect
  • the victim
  • the motive and circumstances

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Managing special crime investigation (framework of processes)

A) Initial investigation (primary steps)

• Suspect identification
• Interviewing bystanders
• Establishing who saw/heard/observed how the crime occurred
• Determine/identify the suspect
• Emphasis on early steps at or tied to the crime scene

B) Case screening

• Decision point: is a case close/solvable vs unsolvable?
  • Close: evidence gathered + suspect arrested + complaint/information filed
  • Unsolvable: insufficient evidence/leads → may require further investigation

C) Continuing / follow-up investigation

• Used when initial leads/evidence are insufficient
• Purpose: keep investigating until additional leads/evidence can be developed

D) Police–prosecutor relationship (procedural role split)

• Police:
  • gather evidence
  • arrest suspects
  • file the case with the prosecutor (as complaint or information depending on who subscribes it)
• Prosecutor:
  • conduct a preliminary investigation to determine probable cause
  • if probable cause: file information in court
  • if not: dismiss the case

E) Investigative monitoring system

• Tracks the status/progress of the case, such as:
  • evidence completeness
  • arrest status
  • filing status
• Ensures evidence sufficiency before filing to the prosecutor
• Helps reduce risk of dismissal due to lack of probable cause

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Responsibilities of special crime investigators (listed)

1. Confirm that a crime occurred
2. Verify jurisdiction
   • Authority depends on assigned location/jurisdiction (example mentioned: San Carlos vs Calasiao police stations)
3. Discover all facts and collect physical evidence
4. Recover stolen property / return items (as part of evidence recovery)
5. Identify the perpetrator
6. Locate and apprehend the perpetrator
7. Aid in prosecution
   • assist prosecutor by providing evidence and statements
   • may later testify in court (judge may ask about procedures/legalities followed)

Court testimony emphasis

• Courts focus on:
  • whether standard procedure was followed
  • whether legalities/technicalities were respected

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Three stages of special crime investigation (detailed)

1. Preliminary / Initial investigation

   • Purpose: identify perpetrator; initial inquiry of a reported crime
   • Activities:
     • write reports (e.g., incident report; complaint)
     • conduct work usually at the crime scene
     • question witnesses/bystanders to learn what happened (based on personal knowledge)

2. Follow-up investigation

   • Purpose: primarily process/trace evidence and develop leads
   • Activities:
     • physical evidence processing (crime operative role emphasized, though investigator may assist)
     • interview witnesses and interrogate suspects
     • record searches, surveillance, and other investigatory practices
   • Focus: tracing, locating, and possible arrest of the suspect

3. Concluding / Final investigation

   • Purpose: evaluate evidence and present only evidence relevant to filing the case
   • Lesson: evidence without bearing on the case should not be used

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General principles of criminal investigation: “tools of investigation”

The three tools

1) Information

• Knowledge derived from sources used for decision-making and successful termination of the investigation.
• Investigators must secure and systematically collect information.

2) Interviews / interrogations (as tools)

• Interview
  • questioning of a person believed to possess knowledge of official interest
  • the person may be a witness/bystander/cooperative person
  • described as a conversation with purpose
• Interrogation
  • vigorous, confrontational questioning of a suspect or reluctant person
  • aimed at securing admissions/confession or obtaining information withheld

3) Instrumentation

• Scientific examination of physical evidence using instruments and the physical sciences.
• Equivalent/closely tied to criminalistics/forensic science.
• Examples mentioned:
  • fingerprint system
  • M.O. (modules operandi) file references
  • light detector
  • forensic lab methods and tools

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Sources of information and methods of obtaining information (as stated)

Sources of information

Human sources

• Voluntary informant: witnessed the crime and wants to disclose information
• Informants/informers distinction:
  • informant: voluntarily/willingly gives information
  • informer: gives information for monetary compensation/ulterior motives

Documentary sources

• Information taken from documents, tied to court testimony on document contents (subpoena-related phrasing appears corrupted in subtitles)

Physical sources

• Crime scene
• Intercepted phone calls / wire interception
• Electronic surveillance (e.g., CCTV; subtitles include “IBS dropping” as rendered)

Methods of obtaining information (overt vs covert)

• Overt: visible/straightforward ways
• Covert: invisible/secret ways, including:
  • surveillance
  • undercover assignment
  • informant-based operations
  • “tactical interrogation” (as listed under covert methods in subtitles)

Classes of information sources

• Regular sources
• Cultivated sources
  • information developed through investigator-initiated initiative from informants/vendors/taxi drivers
• “Great bind” (likely “underworld”) sources
  • information from underworld characters such as prisoners/ex-victims (as described)

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Interview: purposes, steps, types, and formats

Purpose of an interview (listed)

1. Establish facts (prove corpus delicti / body of the crime)
2. Obtain descriptive information to identify the suspect (appearance, clothing, etc.)
3. Corroborate/disapprove previously obtained information
4. Verify evidence drawn from other evidence sources
5. Recover fruits of the crime (evidence/items)
6. Determine the location of the suspect

Steps in conducting an interview

1. Preparation
   • know the nature of the crime
   • know victim identity/background and relevant emotional state
2. Face-to-face questioning
   • confirm/affirm/disapprove previously gathered initial information
3. Conclusion
   • finalize once no additional information can be obtained

Types of interviews (as stated)

• Background interview: personal information (name, address, age, etc.)
• Subjective interview: questions based on personal opinion/view
• Objective interview: gather basic/specific case facts (includes 5W/1H)

Stages of interview (as stated)

• Preliminaries: initial questioning (often at crime scene)
• Follow-up: clarify missed data; confirm/affirm
• Final: obtain cooperation/willingness to testify in court

Interview formats / structure (as stated)

• Introduction/identification (name, rank, etc.)
• Establish rapport
• Opening statement (why the witness is called; purpose)
• Narration (what happened, how it started, etc.)
• Inquiry (clarify based on narration)
• Conclusion (end when no further info)

Interview styles

• Structured: predetermined questions in fixed order (consistency/comparison)
• Unstructured: no fixed set; conversational
• Semi-structured: structured core + additional questions based on responses

Cognitive interview (as stated)

• Goal: improve witness memory recall
• Techniques mentioned:
  • reinstating context
  • changing order of recall

Field and custodial interview

• Field interview / “strict” interview: spontaneous questioning of suspicious individuals (often patrol-related)
• Custodial interview:
  • conducted when the person is in custody
  • legal safeguards emphasized (e.g., Miranda rights/custodial warnings)

Interview targets

• Witness interview
• Victim interview
• Suspect interview (versions may conflict; suspect may deny)

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Interview methods and questioning rules (detailed)

Questioning approaches

• Direct questioning
  • straightforward 5W/1H questions; typical for structured/fact-finding
• Open-ended questions
  • encourage elaboration (“tell me what happened”); typical for unstructured/semi-structured
• Close-ended questions
  • yes/no to confirm specific facts
  • should not be overused (limits explanation)
• Probing/follow-up questions
  • clarification to reveal hidden details/inconsistencies
• Leading questions
  • suggest a particular answer (example rendered: “You’re wearing red, didn’t you?”)

Behavioral/rapport-based techniques mentioned

• REID techniques / initial stages (subtitles mention behavior analysis for interrogation preparation)
• PEACE model (as named):
  • Plan & prepare → Engage & explain account → Closure → Evaluation (ethical/noncoercive emphasis)
• Active listening
  • attention to verbal and nonverbal cues
  • build trust/rapport
  • document for transparency (e.g., audio/video recording)

Rules to be observed in questioning

• One question at a time
• Avoid implied answers (avoid leading-style framing)
• Simplicity: clear language; avoid jargon/hyperbole/complex wording
• Save face / avoid humiliating the subject
• Use close-ended questions only when necessary (for verification/clarification)

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Witness issues: why witnesses refuse + major groups

Reasons witnesses refuse to talk/testify

• Fear of reprisal
• “Great inconvenience” / anxiety and stress (court involvement/disruption)
• Hatred against police
• Bias of witness
• Avoidance of publicity
• Family restrictions (keeping matters private)

Seven major groups of witnesses mentioned

1. Honest/cooperative (difficult because they may not want involvement)
2. Reluctant/suspicious
3. Timid (often victims of violent crimes/trauma; quiet)
4. Hostile/deceitful (impedes investigation)
5. Lying
6. Talkative/loquacious (enjoys being involved)
7. Drunk/intoxicated (may say everything they know, but may remain coherent)

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Interrogation: definition, purposes, types, legality, and techniques

Definition/purpose

• Interrogation is vigorous, confrontational questioning of a reluctant suspect to secure disclosure/admission of guilt.
• Goals include:
  • determine innocence vs involvement
  • obtain confession/admission (distinction later)
  • learn surrounding circumstances
  • learn location/existence of physical evidence
  • identify accomplices
  • develop leads and recover fruits of crime
  • discover participation in other crimes

Types of interrogation (as stated)

• Custodial interrogation
  • suspect is in police custody; constitutional safeguards apply
• Non-custodial interrogation
  • suspect not in custody; questioning invited/voluntary
• Preliminary interrogation
  • early stage; get initial reaction/narration before evidence is presented
• Repeated interrogation
  • multiple sessions due to evasiveness or new evidence
• Deceptive interrogation
  • controlled deception with limitations
  • must not violate rights or be overly coercive; no fabricated physical evidence
• Coercive interrogation (illegal)
  • threats/torture/forced deprivation of rights
  • references Philippine Anti-Torture Act (RA 9745)
  • coerced confessions are inadmissible

Legal safeguards emphasized

• Miranda doctrine/warning
• Must not violate:
  • constitutional rights (self-incrimination, due process)
  • Republic Act 7438 rights of arrested/detained persons
• Rights include:
  • informed right to remain silent
  • right to competent and independent counsel (preferably chosen by the person)
  • cannot waive rights except in writing with counsel present
• Forbidden:
  • violence, threats, intimidation
  • secret detention/solitary confinement/incommunicado detention

Interrogation techniques listed (themes)

• Emotional approach (guilt, fear, love, shame, pride)
• Sympathetic approach (compassion/understanding)
• Kindness (respectful, lowering defenses)
• Extenuation (minimize seriousness; excuse/justify; reduce guilt)
• Shifting the blame
• Good cop / bad cop
• Bluff on split fair (as described: tell one suspect the other confessed)
• Pretend physical evidence (claim evidence exists)
• Jolting (sudden shock/surprise statements/actions)

Interrogation legal requirements highlighted

• Voluntariness (no force/violence/intimidation)
• Custodial interrogation requires Miranda and a compliant environment
• Environment rules:
  • privacy; minimal distractions
  • investigator and subject seated only
  • one-way mirror concept and recording installations
  • documentation: notes, stenography, audio, video

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Confession vs Admission (and related evidentiary concepts)

Definitions (as stated)

• Confession
  • express acknowledgment by the accused of truth of guilt regarding the offense charged
• Admission
  • statement of facts by the accused that does not necessarily include acknowledgment of guilt for the charged crime
  • used to prove other facts relevant to guilt

Types of confession (as stated)

• Judicial vs nonjudicial
  • nonjudicial/extrajudicial outside court is mentioned as an evidence-admissibility issue (subtitles indicate “outside the court…not admissible”)
• Involuntary confession
  • obtained through force/state intimidation; described as inadmissible

Deposition

• Witness testimony reduced to writing (Q&A style) → called deposition

Dying declaration

• Under Rule 130, Sec. 37 (Revised Rules on Evidence): statement by a person under consciousness of impending death.
• Essential principles listed:
  1. Declarant conscious of impending death
  2. Declarant must eventually die
  3. Statement concerns cause/circumstances of death
  4. Statement is voluntary
  5. Declarant competent/sound mind
• Admissibility note:
  • contrasted with hearsay (secondhand statements not admissible)
• Independent Relevant Statement (IRS)
  • admissible when statement is not offered for truth (not hearsay); legally significant without requiring declarant testimony

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Guilt, deception, and lie detection (high-level coverage)

Guilt (symptoms mentioned)

• anxiety/stress/sadness
• worthlessness/low self-esteem
• shame/regret
• loneliness
• “critical self-talk”

Lie/deception concepts (high-level)

• lie = untruthful statement/falsehood
• referenced theories:
  • four-factor theory of lying mechanisms (arousal; behavioral control; forward thinking; information manipulation)
  • interpersonal deception theory and a “placebo effect” reference (as rendered)

Types of lies (as described)

• White lie (protecting someone else)
• Black lie (falsehood)
• Red lie (text cut off in the source)