Module 8.1: Nature & Principles of Criminal Investigation


I. The Nature and Goals of Criminal Investigation

What is an Investigation? It is a process of discovering, collecting, preparing, identifying, and presenting evidence to determine what happened and who is responsible.

Sa madaling salita, ang investigation ay parang puzzle-solving. Kinokolekta mo ang mga piraso ng ebidensya para malaman kung ano talaga ang nangyari at sino ang may kasalanan.

Is it an Art or a Science?

  • It is an Art because it relies on the investigator's intuition, experience, and interpersonal skills to deal with people.
  • It is a Science because it increasingly relies on the application of scientific knowledge and forensic techniques (e.g., DNA, ballistics) to establish facts.

Paano naging Art at Science? Kasi kelangan mo ng "gut feeling" at people skills (Art) pero kelangan mo rin ng forensics at scientific analysis (Science). Parang doctor na - may diagnosis skill (Art) pero may laboratory tests din (Science).

The Threefold Goal of Criminal Investigation

Every investigation seeks to achieve three primary objectives:

  1. To Identify the Guilty Party: Through evidence, to determine the person or persons responsible for the crime.
  2. To Locate the Guilty Party: Once identified, to find and apprehend the suspect.
  3. To Provide Evidence of Their Guilt: To gather sufficient, admissible evidence to prove the suspect's guilt beyond a reasonable doubt in a court of law.

Tip para maalala ang 3 goals: I-L-P (Identify, Locate, Prove). Isipin mo na parang "ILP" - I Love Police work! Hindi pwedeng identify lang - kailangan hanapin mo rin at bigyan ng ebidensya para ma-convict.

Board Exam Tip: Ang Threefold Goal ay common exam question! Memorize: Identify → Locate → Provide Evidence. Hindi pwedeng 2 lang o iba ang order!



III. Key Terminology

  • Information: The raw data and knowledge an investigator gathers from various sources (e.g., records, reports, witnesses). It is the lifeblood of an investigation. Ito yung lahat ng impormasyon na nakukuha mo - parang ingredients sa pagluluto. Walang investigation kung walang information.

  • Interview: The simple questioning of a person who is believed to possess information relevant to the investigation. Typically non-confrontational. Ito yung friendly questioning - parang casual chikahan lang para makakuha ng info sa witness. Hindi confrontational.

  • Interrogation: The skillful and technical questioning of a suspect or an uncooperative person to elicit a confession or admission. Ito yung intense questioning na sa suspect na. May psychological pressure - ang goal ay makakuha ng confession. Parang exam na tinatanong ka ng teacher kung ikaw ba talaga ang kumuha ng chalk.

  • Instrumentation: The application of scientific instruments and methods to detect and analyze physical evidence. This refers to the work of the crime laboratory. Ito yung science part - DNA testing, fingerprint analysis, ballistics. Lahat ng ginagawa sa crime lab ay instrumentation.

  • Admission: A statement of fact by the accused that tends to establish their guilt when connected with other facts, but is not a full acknowledgment of guilt. (e.g., "I was at the scene, but I didn't do it.") Parang "halfway confession" - umamin ka na andun ka, pero deny ka pa rin na ikaw gumawa. Kapag may iba pang ebidensya, pwede ka na ma-guilty.

  • Confession: A direct acknowledgment of guilt by the accused. (e.g., "I did it.") Full admission na ito - "Oo, ako ang gumawa." Pero tandaan: kahit may confession, kailangan pa rin ng corroborating evidence para valid!

Board Exam Tip: Madaling malito ang Admission vs. Confession! Remember: Admission = partial/indirect; Confession = full/direct acknowledgment of guilt.



V. The Three Tools of Investigation (The "3 I's")

The goals of investigation are accomplished by using three main tools:

  1. Information: The knowledge gathered from people, records, and other sources.
  2. Interview and Interrogation: The techniques used to gather information from people.
  3. Instrumentation: The use of forensic science and technology to analyze physical evidence.

Ito ang "3 I's" - super important sa board exam! Parang Three Musketeers ng investigation. Lahat ay kailangan, walang pwedeng mawala.

A successful investigator is a master of all three tools. They know how to gather information from various sources, how to skillfully talk to people to get the truth, and how to leverage the power of the crime laboratory to analyze the physical evidence.

Para maintindihan: Information = data gathering, Interview/Interrogation = talking to people, Instrumentation = laboratory/scientific analysis. Tatlong level ng investigation - research, communication, at science.

Board Exam Tip: Laging kasama ang "3 I's" sa exam! Memorize kung ano ang bawat isa at paano sila magkakonekta. May tanong na "What are the three tools of investigation?" - sagot: Information, Interview & Interrogation, Instrumentation!


Introduction

Criminal Investigation is an art and a science. It is the systematic and lawful inquiry for the truth concerning a matter of fact. It involves the collection of facts to identify, locate, and prove the guilt of a suspected criminal. At its core, investigation is a reconstructive process—the investigator takes the pieces left behind from a past event and tries to put them together to figure out what happened. This module introduces the fundamental nature, goals, and guiding principles of criminal investigation.

Key Learning Objectives:

  • Define criminal investigation and its primary goals.
  • Identify the three main phases of a criminal investigation.
  • Explain the significance of the "three tools of investigation."
  • Understand the importance of objectivity, thoroughness, and legality in an investigation.
  • Differentiate between admission, confession, and information.

II. The Phases of Investigation

A criminal investigation typically proceeds through three main phases, although they may overlap.

Phase 1: The Preliminary Investigation (Initial Investigation)

  • Who: Performed by the first responders—usually patrol officers.
  • When: Begins as soon as the officer arrives at the crime scene.
  • What: This phase includes all the immediate actions required to control and stabilize the scene. Key steps include:
    1. Rendering first aid to any injured persons.
    2. Noting all facts and observations.
    3. Arresting any suspects present at the scene.
    4. Locating and identifying witnesses.
    5. Protecting and securing the crime scene to prevent contamination.
    6. Conducting a preliminary search for evidence.
    7. Preparing the initial report.

Ito yung "first responder" phase - yung unang pulis na dumating sa crime scene. Trabaho niya: secure the scene, help injured, arrest suspects if nandun pa, at i-document lahat. Parang emergency room ng investigation - fast action required!

The preliminary investigation is critically important because the evidence is freshest and least contaminated at this stage.

Bakit critical? Kasi ito yung "golden hour" ng investigation - kapag nag-deteriorate na ang ebidensya o na-contaminate, wala na. First impression lasts!

Phase 2: The In-Depth Investigation (Follow-up Investigation)

  • Who: Performed by the detectives or investigators who are assigned the case.
  • When: Begins after the preliminary investigation is concluded.
  • What: This is the ongoing and continuing investigation. It involves:
    • Reviewing the initial reports.
    • Re-interviewing witnesses and victims.
    • Conducting detailed interrogations of suspects.
    • Developing and following up on leads.
    • Checking records and databases.
    • Conducting surveillance.
    • Submitting evidence to the crime lab.

Ito yung detective phase - yung intensive na investigation na. Dito na ginagawa ang lahat ng detailed work: interviews, interrogation, surveillance, lab tests. Parang yung actual investigation na sa TV shows. Ito ang longest phase usually.

Phase 3: The Final Investigation (Concluding Investigation)

  • Who: The lead investigator and the prosecutor.
  • When: Begins when the suspect has been arrested and the major part of the investigation is complete.
  • What: This phase focuses on preparing the case for prosecution. It involves:
    • Evaluating all evidence to ensure it is sufficient.
    • Preparing the final investigation report.
    • Assisting the prosecutor in filing the appropriate charges.
    • Testifying in court.

Ito na yung preparation for court - panghuli na. Nag-double check na ng lahat ng ebidensya, finalize na ang report, at ready na for trial. Kung Phase 1 ay emergency, Phase 2 ay investigation, Phase 3 ay prosecution prep.

Board Exam Tip: Tatlong phases lang - Preliminary (first responders), In-Depth/Follow-up (detectives), at Final/Concluding (prosecution prep). Tandaan kung sino ang gumagawa at ano ang ginagawa sa bawat phase!

IV. Guiding Principles of Criminal Investigation

To be successful and to have their work stand up in court, investigators must adhere to three guiding principles.

1. Objectivity

  • Investigators must be objective and impartial. Their job is to gather facts, not to prove a preconceived theory.
  • They must not let personal biases or feelings influence their work.
  • An investigator should be willing to follow the evidence wherever it leads, even if it points away from their initial suspect or theory.

Sa madaling salita, dapat walang bias ang investigator. Hindi pwedeng may napanood ka sa news tapos nag-assume ka na agad na siya ang suspect. Follow the evidence, hindi ang hunch mo. Parang scientist - based on facts, hindi sa feeling.

2. Thoroughness

  • A successful investigation is a thorough one. This means:
    • Leaving no stone unturned. Every lead should be followed, every witness interviewed, and every piece of evidence analyzed.
    • Attention to detail. Small details can often be the key to solving a complex case.
    • Patience and Persistence. Investigation is often a slow, methodical, and frustrating process. The investigator must not give up.

Ito yung "diskarte" at sipag ng investigator. Hindi pwedeng tamad - lahat ng lead kailangan sundin, lahat ng witness kausapin. Minsan yung maliit na detalye ang susi sa kaso. Parang jigsaw puzzle - pag may isang missing piece, hindi complete ang larawan.

3. Legality

  • All evidence must be collected in a lawful manner.
  • The investigator must understand and respect the constitutional rights of all individuals, including victims, witnesses, and suspects.
  • The "Fruit of the Poisonous Tree" Doctrine: This legal principle states that any evidence that is obtained as a result of an illegal act by the police (e.g., an illegal search or a coerced confession) is inadmissible in court. If the "tree" (the initial police action) is poisoned, then the "fruit" (the evidence) is also poisoned.

Kahit gaano ka-powerful ang ebidensya, kapag illegally obtained, inadmissible yan sa court! Kaya importante ang proper procedure. Ang "Fruit of the Poisonous Tree" ay parang contaminated food - kahit galing sa malinis na plato, kung contaminated ang source, lahat affected.

Halimbawa: Nag-warrantless search ka tapos nakakuha ka ng drugs. Kahit may drugs talaga, inadmissible yan kasi illegal search. Yung buong kaso pwedeng mawala dahil lang sa violation of rights. Kaya mag-ingat!

Board Exam Tip: Tatlong Guiding Principles: OTL - Objectivity, Thoroughness, Legality. Common exam question: "What are the three guiding principles?" Sagot dito! May short essay pa minsan about Fruit of the Poisonous Tree.

Conclusion

Criminal investigation is a systematic and principled quest for the truth. It is a journey that begins at the crime scene and ends in the courtroom. Its success depends on the investigator's ability to be objective, thorough, and to always act within the bounds of the law. By skillfully employing the three tools of information, interview/interrogation, and instrumentation, the investigator can reconstruct the events of a crime, identify the person responsible, and provide the evidence needed to ensure that justice is served.