Lecture On CDI 2 Chapter 1
Lecture On CDI 2 Chapter 1
INVESTIGATION 2
Specialized Crime Investigation 1 with
Legal Medicine
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Course Description:
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CHAPTER 1
Introduction to Fundamentals and Specialized Crime
Investigations with Legal Medicine
Learning Objectives:
At the end of this chapter, the students/practitioner will be able
to:
1. Define terminologies related to crime investigations;
2. State the fundamentals of crime investigations and
specialized crime investigations;
3. Describe the fundamentals of crime scene processing and
operations; and
4. Discus the nature of specialized crime investigations.
Introduction
Investigation of any crime is always guided by legal and logical
principles. Before conducting any investigation, one of the principles to
be observed is the legality of the investigations to be conducted and
the authority of the investigating body who will be conducting the
process. To begin with the specialized crime investigation,
fundamentals should be reviewed since the aspect of specialized crime
will be based on technical and specific crime.
A. FUNDAMENTALS OF INVESTIGATION
Intent vs Motive
Intent is the accomplishment of the criminal act while motive
refers to reason that impels a person to commit criminal act for
definite result. Intent in an essential element of crime while motive is
an essential element of investigation. Intent and motive should be
identified to identify the possibility of the crime that was allegedly
committed by the suspect based on the pieces of evidence gathered.
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Inductive vs Deductive Reasoning
Deductive reasoning is a type of reasoning that moves from a
general statement to a specific conclusion while inductive
reasoning is a type of reasoning that moves from specific
observations to a general conclusion.
Tools of Investigation
1. Information – it refers to the facts of the crime that would answer
the 5 w’s and 1 h. This will be obtained from witnesses who have
personal knowledge, regular, cultivated or grapevine sources. The
skills in intelligence and data gathering play an important role.
2. Interrogation – refers to the elicitation of information from an
individual who refuses to provide information. The ability to obtain
information by questioning is the most prized talent of the prober.
Interview – it is the simple questioning of victims and witnesses
who are voluntarily reveal information in connection with matters to be
investigated.
3. Instrumentation – it refers to the application of the instruments
of physical sciences to the detection of the crime such as the
modern techniques in the field of forensic sciences. It is also known
as CRIMINASLISTICS.
Phases of Investigation
Phase I – Reporting of Crime Incident. In this phase, the fact that
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the crime happened is established. The investigation will commence
when the Crime Incident comes into the knowledge of those who
would be the First Responders.
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Phase II – Identify the suspect through:
a. Confession/Admission
Confession – the 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 (Sec. 33, Rule 130,
Rules of Court)
- the voluntary declaration made by a person who has committed
a crime
or misdemeanor, (Bouvier’s Law Dictionary).
Admission – is a self-incriminatory statement by the subject
falling short of an acknowledgment of guilt. It implicates but does not
incriminate.
- A statement, oral or written, made by a party, or by someone
for whom he is responsible as to the existence of a relevant fact.
c. Circumstantial Evidence
It is the identification established indirectly by proving other
facts or circumstances from which the identity of the perpetrator can
be inferred. This evidence is sufficient to produce conviction when:
1. there are more than one circumstances
2. the facts from which the inferences derived are proven
3. the combination of all the circumstances is such as to produce a
conviction beyond reasonable doubt
d. Associative Evidence
These are the physical evidence which may identify the criminal
by means of clues, personal properties, or the characteristic patterns
of procedure deduce from the arrangement of objects at the crime
scene, such as weapons, tools, garments, fingerprints, foot
impressions, and others.
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witnesses must be available and the physical evidence must be
appropriately identified. The investigator must know by heart the
elements of specific crime.
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Fundamentals of Crime Scene Processing
a. Duties of First Responder
1. Proceed to the crime scene to validate the information received
2. Record the exact time of arrival and pertinent data regarding the
incident in his issued pocket notebook and notify the TOC
3. Cordon off the area and secure the crime scene with a police line
or whatever available materials like ropes, straws of human as
barricades to preserve its integrity.
4. Check whether the situation still possess imminent danger and
call for backup it necessary
5. Identify possible witnesses and conduct preliminary interview
and ensure their availability for the incoming investigator on
case
6. Arrest the suspect if around or in instances wherein the suspect
is fleeing, make appropriate notification for dragnet operations.
7. Prepare to take the “Dying Declaration” of severely injured
persons with the following requisites:
o The death is imminent and the victim is conscious of that
fact.
o The declaration refers to the cause and surrounding
circumstances of such death
o The declaration relates to facts which the victim is
competent to testify to
o The declaration is offered in case wherein the victim’s
death is the
subject of the inquiry
8. Evacuate the wounded to the nearest hospital using emergency
services.
a. Account for the killed, wounded and arrested persons for
proper disposition
9. Conduct initial investigation
10. Brief the investigator on case upon arrival and turn over the
crime scene
11. Conduct inventory on the evidence taken at the crime scene,
inventory receipt should be properly signed by the first
responder, Forensic Unit and the Investigator-on-case.
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5. Note secondary crime scene if situation requires.
6. Release the crime scene after investigation.
Ensure that appropriate inventory has been made
Released is accomplished only after completion of the final
survey and proper documentation of evidence, witnesses,
victims and suspect.
If crime scene is within a private property, the same must be
released to the lawful owner witnessed by any barangay
official. In case of government facility, it should be released to
the administrator.
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Basics on Sketching
Sketching – it is useful in questioning the suspects and
witnesses as well as in the writing of investigation report. It is prepared
indicating the actual measurement of things with scale and proportion
observed and oriented to the
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North. All necessary information is placed in the sketch in connection
with crime being investigated.
The sketch is an excellent companion of photograph. Where
Photograph provide exact details while Sketch offer accurate
information about the placement of objects and they show the
relationship and distance between things.
Kinds of Sketch
1. Sketch of Locality - give picture of the scene, the crime and
its environs including buildings roads to show the possible
entrance and exit points
2. Sketch of Ground – picture of the scene of the crime with its
nearest physical surroundings.
3. Sketch of Details - the immediate scene only
Types of Sketches
1. Rough – made by the prober at the crime scene. No scale
proportion is ignored and everything is approximated. It is to be
used as a basis of the finished sketch.
2. Finished – made primarily for courtroom presentation. All
elements of sketching must be present.
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4. Zone Method (Quadrant Search)
It requires that area should be divided into four quadrants, each
of which is then examined using of the methods previously described.
Where the area to be searched is particularly large, a variation of the
zone method would be subdividing the small quadrants into smaller
quadrants.
5. Pie Method (Wheel Search)
The searchers gather at the center and proceed outward along
radii or spoke. The principal drawback of this method is that the
distance between the researchers increases as they depart from the
center.
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It is the investigator’s responsibility to ensure that every
precaution is exercised to preserve physical evidence in the state in
which it was recovered/ obtained until it is released to the evidence
custodian.
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6. Releasing of Evidence
All collected evidence can only be released upon order of the
court or prosecutor, as the case maybe.
7. Transmittal of Evidence to Crime Laboratory
Proper handling of physical evidence is necessary to obtain the
maximum possible information upon which scientific examination shall
be based, and to prevent exclusion as evidence in court. Specimens
which truly represent the material found at the scene, unaltered,
unspoiled or otherwise unchanged in handling will provide more and
better information upon examination. Legal requirements make it
necessary to account for all physical pieces of evidence from the time
it is collected until it is presented in court.
8. The Chain of Custody (Change of Possession)
A list of all persons who came into possession of an item of
evidence, continuity of possession, or the chain of custody, must be
established whenever evidence is presented in court as an exhibit.
Adherence to standard procedures in recording the location of
evidence, marking it for identification, and properly completing
evidence submission forms for laboratory analysis is critical to chain of
custody. Every person who handled or examined the evidence and
where it is at all times must be accounted for. As a rule, all seized
evidence must be in the custody of the evidence custodian and
deposited in the evidence room or designated place for safekeeping.
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3. Discover all facts and collect physical evidence.
4. Recovery of stolen property.
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5. Identifying perpetrator/s.
6. Locate and apprehend perpetrator.
7. Aid in the prosecution of perpetrator.
8. Testify effectively in court.
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h. Suspect method of operation
i. Physical evidence presents
j. Report of a trained technician
k. Conclusion of the normal investigative effort
l. Opportunity in the commission of the crime
2. Detailed Investigation – it starts with the general examination of
all facts, leads and other type of information secured during the
preliminary investigation.
Inquiries in Detailed Investigation
a. Crime Scene
- Familiarization of localities and other details
- Search for physical evidence
- Location of victims and witnesses
- Verification of physical evidence and suspect, victim and
witnesses
b. Coordination of documents
- Local and national agencies
- Modus operandi files
- Examining field interviews and interrogation
c. Gathering of investigative leads
- Criminal informants
- Non-criminal informants
- Neighborhood search for witness
- Utilization of media
3. Evidence Collection Phase – this phase is conducted to ensure
the integrity of physical evidence. The credibility and integrity of the
evidence are directly predicated upon the proper handling of the
evidence from its initial observance until its presentation in court.
This phase, the investigator-on-case (IOC) undertake the evidence-
gathering procedures in the absence of the members of Forensic
Group.
4. Case Management Phase – special crimes need special attention,
thus, Special Investigation Task Group (SITG) shall be immediately
be organized to conduct an aggressive, concerted and substantial
program of action. The SITG allows for the strengthening of the
coordination system among members of the PNP, DOJ and other law
enforcement agencies in order to properly investigate crimes that
require special consideration. It includes the organizational
structure and functions of the SITG and a list of investigation
management tools including investigation planning, coordination
mechanism, crime matrix analysis, surveillance and finally, case
review.
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Elements of Special Crime Investigation
1. Initial Investigation – is the first step in any criminal
investigation. It is the responsibility of the first responders who first
arrive at the crime scene. The goal of the initial investigation is to
gather as much information as possible about the crime, including
the identity of the victim, the suspect, and the circumstances of the
crime. It is critical to the success of any criminal investigation. The
information gathered during the initial investigation can help to
identify the suspect, build a case against the suspect, and
ultimately bring the suspect to justice.
2. Case Screening – this pertains the primary assessment of the
crime based in the gathered pieces of evidence that corresponds to
the elements of the crimes and the possible identity of the suspect
and the likelihood of apprehending the suspect and bring to justice.
3. Continuing Investigation – it is the process of gathering
additional evidence and information about the crime. This may
involve interviewing more witnesses, conducting surveillance, or
obtaining search warrants. It is often the most challenging part of a
crime investigation. It can be difficult to gather new evidence,
especially if the crime occurred a long time ago or if there are few
witnesses. However, the continuing investigation is essential to
building a strong case against the suspect.
4. Police-prosecution Relations –the police and the prosecution
work closely together during the course of a criminal investigation.
The police gather evidence and information, while the prosecution
prepares the case for trial. It is important for the police and the
prosecution to have good relations to ensure that the investigation
is conducted properly and that the case is presented effectively in
court.
5. Investigative monitoring system – it is set up to give
administrators continues feedback on the investigative process and
the quality of personnel performance.
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jurisdiction and the authority to investigate cases. It is also an
important element for physical evidence that are valuable in the
investigation process.
5. WHEN Questions. This question pertains to the date and time of
the incident transpired. This is important for the investigator to
establish the chronology of the event relative to the available
physical evidence that can be recovered at the crime scene. This is
also important to establish the prescription of the crime.
6. WHY Questions. This question pertains to the reason that impels a
person to commit crime. It also entails the possible intent and
circumstances on the part of the victim and on the part of the
suspect in the commission of the crime.
Legal Medicine
– It is a branch of medicine which deals with the application of
medical knowledge to the purpose of law and justice.
– It is the application of basic and clinical, medical and
paramedical science to elucidate legal matters.
– It is synonymous and in common practice are used
interchangeably with forensic medicine.
Medical Jurisprudence
- It is the study of the Medical Law and its applicable
Jurisprudence that governs, regulates and defines the practice of
medicine.
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Legal Medicine and the Legal System
Courts routinely call upon physicians to give expert testimony in
a trial, especially concerning the findings of an autopsy and the
results of laboratory tests.
As an expert witness he is allowed to express an opinion about
the validity of the evidence in a case and may quote the
statements of other experts in support of an opinion.
Ordinary testimony is restricted to statements concerning what
the witness actually saw or heard.
The evidence to be presented by the legal medicine expert must
signify a relation between the facts called the “Factum
probandum” or proposition to be established and the “factum
probans” which is the material evidencing the proposition.
The Physician must present RELEVANT, MATERIAL AND
COMPETENT EVIDENCE.
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Pope Innocent III issued an edict providing for the
1209 appointment of doctors to the courts for the
determination of the nature of wounds.
Pope Gregory IX caused the preparation of Nova
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Compilatio Decretalium which concerned medical
evidence, marriage,
nullity, impotence, delivery, caesarian section,
legitimacy, sexual offenses, crimes against persons
and witchcraft.
Pope John XXII expressed the need of experts in the
ecclesiastical courts in the diagnosis of leprosy and
medico- legal documents.
14th In China, the Hsi Yuan Lu (Instruction to Coroner)
Century was published. It is a five-volume book dealing
with inquest,
criminal abortion, poisoning and antidotes, and
examination of the dead.
The first textbook in legal medicine was included
1532 in the
Cunstituto Criminalis Carolina. This was
promulgated during the reign of Emperor Charles V in
Germany.
Ambroise Pare considered legal medicine as a
separate discipline and he discussed in his book the
1575 abortion, infanticide, death by lightning, hanging,
drowning, feign diseases, distinction between ante-
mortem and post-mortem
wound and poisoning by carbon monoxide and by
corrosives.
Paulus Zacchias, a physician, is regarded as the
“father of forensic medicine”. He published
1584 –
Questiones Medico-legalis which dealt with the
1659
legal aspect of wounds and the first two
chapter dealt with the detection of secret homicide.
Severin Pineau published in Paris a work of
1598 virginity and defloration. He confirmed the
existence of the hymen and
that it may not rupture during sexual intercourse.
Orfila introduced chemical methods in toxicology. In
his Traite’ des Poison, he mentioned mineral,
1787 –
vegetable and animal poison with physiology,
1853 pathology and legal medicine.
He was considered as the founder of modern
toxicology.
In the Philippines, the father of Legal Medicine can be rightfully
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bestowed to Dr. Pedro P. Solis. His book on Legal Medicine
copyrighted in 1987, contains the most extensive treatise and
teachings in Philippine Legal Medicine.
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making it potentially disruptive to courtroom proceedings.
E. g. severely decomposed body parts and the like.
2. Testimonial – oral that comes from people under oath.
a. Ordinary witness – testifies based on their direct
observations, experiences, or firsthand knowledge of
events.
b. Expert witness – a specialist with knowledge in a relevant
field forensic science. They offer opinions and analysis
based on their expertise and the evidence presented.
3. Experimental – an expert witness may be required to perform
certain experiments to prove a certain matter of fact.
4. Documentary – any written records presented as evidence.
5. Physical – these are tangible objects connected to a case. This is
similar to autoptic/real evidence but generally broader as it
doesn't have to be directly seen by the court.
Enabling Assessment
1. Search for any episode of investigative documentary and
analyze how crime was solved.
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