Fundamentals-of-Criminal-Investigation.pdf - Fundamentals of Criminal Investigation ARVIN KIM A ARNILLA MA Registered Criminologist Professional Teacher

Fundamentals-of-Criminal-Investigation.pdf - Fundamentals...

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Fundamentals of Criminal Investigation ARVIN KIM A. ARNILLA, MA Registered Criminologist Professional Teacher
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Information Interrogation Instrumentatio n Objectives of the Investigation People and Records Physical Evidence Locate the Offender Identify the Offender Provide Evidence of Guilt Occurrence of Crime Criminal Investigation Flowchart of Criminal Investigation
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Tools of Criminal Investigation 1. Information – knowledge which the investigator gathers from other person; depends on intelligent selection of informative sources Two (2) Kinds of Information 1. regular sources such as conscientious and public spirited citizens, company records, and files of other agenciesc 2. cultivated sources such as paid informant, former criminals, acquaintances, divers, waiters, others
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2. Interrogation skillful questioning of witnesses and suspect; varies with craft, logic, and psychological insight with which the investigator questions a person who is in possession of information relevant to the case
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Interview – simple questioning of person who has no personal reason to withhold information and expected to cooperate with the investigator Interview vs. interrogation Interrogation – questioning of a suspect or person who is normally expected to be reluctant to divulge/ reveal/ give out information concerning the offense under investigation
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3. Instrumentation – application of the instruments and methods of the physical sciences in the direction of crime
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IDENTIFYING THE CRIMINAL OFFENDER 1. Confession or Admission Confession is a declaration of an accused acknowledging his guilt of the offense charged , or of any offense necessarily included therein, may be given in evidence against him. Admission is a voluntary concessions or acknowledgement executed by a party of the existence of truth of certain facts.
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2. Eyewitness Testimony Jessica Alfaro Hubert Webb
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3. Circumstantial Evidence 3.1. Motive 3.2. Opportunity 3.3. Associative Evidence (brought about by Instrument)
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LOCATING THE CRIMINAL OFFENDER
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PROVIDING EVIDENCE OF GUILT Corpus Delicti (fact that a crime was committed) How to prove? 1. There exists a certain state of fact which forms the basis of the criminal charge 2. There exists a criminal agency which had caused the state of fact to exist
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Exampl e: (R.A. 8353 or Anti – Rape Law of 1997) Any PERSON shall commit sexual assault: Element by inserting his penis into another person’s mouth, or anal orifice Through force, threat or intimidation Offended party or victim is deprived of reason of otherwise unconscious Fraudulent machination or grave abuse of authority by inserting any instrument or objec t, into the genital or anal orifice of another person Offended party or victim is under 12 yrs. Old or demented
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INTERVIEW OF WITNESS
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Definitio n asking questions to a person who is believed to possess knowledge that is official interest to the investigators Importa nce constitutes the major source of information for most case under investigation
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Types of Interview Two (2) Major Types of Interview 1. On – the – Scene Interview
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