CRIMINAL INVESTIGATION | Lecture notes Law

A. DEFINITION OF TERMS

1-Forms of interrogation ()

Direct - In this form, the interrogator does not directly accuse the suspect of

committing the crime. Instead, they may use psychological techniques to manipulate

the suspect into confessing. This can involve building rapport with the suspect,

using deception or lying to gain the suspect's trust, or making false promises of

leniency. The suspect may not initially be aware that they are being interrogated, or

may not realize the true objectives of the interrogation.

Indirect - on the other hand, involves a more subtle approach that seeks to elicit

information indirectly, without the subject necessarily realizing they are being

interrogated. This approach may involve building rapport with the subject, gaining

their trust, and subtly probing for information over a longer period of time. It can

also involve using psychological tactics such as manipulation, suggestion, or

deception to elicit information without the subject realizing they are being

interrogated. Indirect interrogation can be more time-consuming, but it can also be

more effective in eliciting truthful information without causing undue stress or

trauma to the subject.

B. Types of interrogation (

1. Screening

Initial examination of an interrogee to determine the extent of his knowledge of

person, places, things or events in which we are interested.

2.Formal interrogation

Although the purpose of both interviews and interrogations is obtaining information,

the interview is an informal procedure whereas the interrogation is formally

questioning a person with information about a suspected crime.

3.Debriefing

Debriefing is a form of first-contact support. The expert understanding of crime, the

victim and the social context in which the crime was committed makes it possible

for the criminologist to offer debriefing through counseling based on such

understanding.

4.Interview

an interview conducted to elicit evidence or information from a person (i.e., witness,

victim, complainant or suspect) during the process of an investigation.

5. Interrogation of lay personnel

Same as the interrogation but the process needs more effort

6.Tactical interrogation

tactical interrogation, the questioning is conducted of an accused without a lawyer.

Under the Constitution this is prohibited and the person who did it may face

problems under RA 7438 or Rights of Persons Under Custodial Investigation.

C. Phases of interrogation (

- planning of interrogation

Interrogation plan is a must to prepare by the interogator, prior to beginning the

actual interrogation.

Reviewing the suspects profile,criminal record and past investigation

Determining and examining the evidence or what physical evidence has been found

Modify the basic topical sequence of questioning, questions that can not be

answered by yes or no as much as possible

- approach

It begins when the interogator meets the interrogee.Establish and maintain control

over the source and the interrogation.

Establish and maintain rapport between the interrogator and the source. Offering

realistic incentive such as coffe, cigarettes or meal.

Manipulate the source's emotions and weaknesses to gain his willing cooperation.

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A. DEFINITION OF TERMS

1-Forms of interrogation () Direct - In this form, the interrogator does not directly accuse the suspect of committing the crime. Instead, they may use psychological techniques to manipulate the suspect into confessing. This can involve building rapport with the suspect, using deception or lying to gain the suspect's trust, or making false promises of leniency. The suspect may not initially be aware that they are being interrogated, or may not realize the true objectives of the interrogation. Indirect - on the other hand, involves a more subtle approach that seeks to elicit information indirectly, without the subject necessarily realizing they are being interrogated. This approach may involve building rapport with the subject, gaining their trust, and subtly probing for information over a longer period of time. It can also involve using psychological tactics such as manipulation, suggestion, or deception to elicit information without the subject realizing they are being interrogated. Indirect interrogation can be more time-consuming, but it can also be more effective in eliciting truthful information without causing undue stress or trauma to the subject. B. Types of interrogation (

Screening Initial examination of an interrogee to determine the extent of his knowledge of person, places, things or events in which we are interested. 2.Formal interrogation Although the purpose of both interviews and interrogations is obtaining information, the interview is an informal procedure whereas the interrogation is formally questioning a person with information about a suspected crime. 3.Debriefing Debriefing is a form of first-contact support. The expert understanding of crime, the victim and the social context in which the crime was committed makes it possible for the criminologist to offer debriefing through counseling based on such understanding. 4.Interview an interview conducted to elicit evidence or information from a person (i.e., witness, victim, complainant or suspect) during the process of an investigation.
Interrogation of lay personnel Same as the interrogation but the process needs more effort 6.Tactical interrogation tactical interrogation, the questioning is conducted of an accused without a lawyer. Under the Constitution this is prohibited and the person who did it may face problems under RA 7438 or Rights of Persons Under Custodial Investigation. C. Phases of interrogation (

planning of interrogation Interrogation plan is a must to prepare by the interogator, prior to beginning the actual interrogation. Reviewing the suspects profile,criminal record and past investigation Determining and examining the evidence or what physical evidence has been found Modify the basic topical sequence of questioning, questions that can not be answered by yes or no as much as possible
approach It begins when the interogator meets the interrogee.Establish and maintain control over the source and the interrogation. Establish and maintain rapport between the interrogator and the source. Offering realistic incentive such as coffe, cigarettes or meal. Manipulate the source's emotions and weaknesses to gain his willing cooperation.

The successful application of approach techniques eventually induces the source to willingly provide accurate intelligence information to the interrogator. Approach techniques- Direct/futility/incentive. Direct/futility/love of comrades. Direct/fear up (mild)/incentive.

questioning The questioning phase will commence when the source begins to answer questions. There is no fixed point at which the approach phase will end and questioning phase will begin. Question that may give Answers to who, what, when, where, how, and possible why. -termination The termination of the interrogation must be conducted properly. The interogator should terminate the interrogation without any loss of rapport. The interogator should always on guard, and anaylze the situation because he needs to act quickly if there are signs to Terminate the interrogation.
recording Recording information obtained during interrogation. There are several methods of recording information that can be used during interrogations, taking notes or using a sound recorder
reporting Final phase of interrogation,Reports are submitted on all information of intelligence value that is obtained. Initial reports are submitted electronically whenever possible to ensure that the information reaches the intelligence analysts in the least amount of time. Written reports are prepared to document electronic reports. They are used as the initial means of reporting only when electronic reporting is impossible. D. Techniques of interrogation

INTERROGATION TECHNIQUES ARE METHODS USED TO GATHER INFORMATION FROM INDIVIDUALS. EMOTIONAL APPEAL IS A PERSUASIVE TECHNIQUE THAT SEEKS TO EVOKE EMOTIONS IN AN AUDIENCE TO INFLUENCE THEIR ATTITUDES OR BEHAVIOR. IT IS POSSIBLE FOR INTERROGATION TECHNIQUES TO MAKE USE OF EMOTIONAL APPEAL. FOR EXAMPLE, A COMMON TECHNIQUE USED IN INTERROGATIONS IS THE "GOOD COP, BAD COP" APPROACH, ITO AY MADALAS NATIN NAKIKITA SA MGA MOVIES NA YUNG ISANG INTERROGATOR AY MABAIT TOWARDS SA INIINTERROGATE AT YUNG ISA NAMAN MAY PAGKA AGGRESSIVE CONFRONTATION TOWARDS THE PERSON OF INTEREST. THE MAIN GOAL OF EMOTIONAL APPEAL IS TO CREATE AN EMOTIONAL RESPONSE IN THE SUSPECT SUCH AS GUILT, SHAME, FEAR, OR EMPATHY, NA MAKAKAPAGPUSH SA KANILA PARA MAKAPAGBIGAY NG IMPORMASYON O UMAMIN SA ISANG KRIMEN.- EMOTIONAL APPEAL
THE SYMPATHETIC APPROACH IN INTERROGATION IS A TECHNIQUE USED TO BUILD RAPPORT AND ESTABLISH A LEVEL OF TRUST WITH THE INDIVIDUAL BEING INTERROGATED. THE GOAL OF THE SYMPATHETIC APPROACH IS TO CREATE A MORE RELAXED AND COOPERATIVE ENVIRONMENT IN WHICH THE SUSPECT FEELS MORE COMFORTABLE AND WILLING TO SHARE INFORMATION. BY BUILDING TRUST AND RAPPORT BETWEEN THE INTERROGATOR AT NG SUBJECT OR THE PERSON OF INTEREST PARA MAPAGAAN ANG PAGSHASHARE NG INIINTERROGATE NG INFORMATION SA INTERROGATOR AT ALSO TO GATHER INFORMATION MORE EFFECTIVELY AND ELICIT A CONFESSION OR

IDENTIFY THE SUSPECT FROM THE GROUP, AND TO EVALUATE THE STRENGTH

OF THEIR IDENTIFICATION. ANG PANGUNAHING LAYUNIN NG PAMAMARAAN NA

ITO AY PARA MATEST YUNG ACCURACY NG PAGIDENTIFY NG VICTIM OR

WITNESS SA SUSPECT .THIS TECHNIQUE CAN BE EFFECTIVE KAPAG MERONG

DOUBT ABOUT THE WITNESS OR VICTIM'S ABILITY TO ACCURATELY IDENTIFY

THE SUSPECT. BY PRESENTING A GROUP OF INDIVIDUALS WHO RESEMBLE

THE SUSPECT, THE INTERROGATOR CAN TEST THE ACCURACY OF THE

IDENTIFICATION AND EVALUATE THE CREDIBILITY OF THE WITNESS OR

VICTIM'S TESTIMONY. - REVERSE LINE UP

Meron din tayong tinatawag na STERN APPROACH, refers to a method of questioning or obtaining information from a suspect or witness through an uncompromising or aggressive line of questioning. dito naman po sa stern approach gumagamit sila nang mahaharas na salita, at tinataasan din nila voice nila to elicit a response. Gumagamit din po sila ng methods kagaya ng jolting, This technique is often referred to as "electroshock" or "electroconvulsive therapy" and is considered a form of torture by many human rights organizations. Jolting can also refer to other physical techniques used to intimidate or coerce a subject, such as slapping, hitting, or shaking them. Subalit etong method po neto ay macoconsider na form of torture and prohibited under international law. And we also have opportunity to lie, the interrogator may present the subject with an opportunity to lie in order to obtain information or elicit a confession. This technique is often referred to as a "false confession" or "coerced confession last one, The Mutt and Jeff or Sweet and Sour Method- negotiating tactic that involves sending in two negotiators with contrasting personalities to negotiate with the other party. The idea is that one negotiator is aggressive and confrontational (the "Mutt"), while the other is friendly and conciliatory (the "Jeff" or "Sweet"). The aggressive negotiator is meant to intimidate the other party, while the friendly negotiator is meant to build rapport and establish a positive relationship. This creates a dynamic where the other party is more likely to make concessions to the friendly negotiator while feeling pressure to concede to the aggressive negotiator.

Removing the ethnic or cultural barrier Well i think some of u already know or familiar about those barrier and maybe some of you may not, so first, what is ethnic or cultural barrier. Every culture has its own set of accepted behaviors, thoughts, rules, standards, and beliefs that are accepted. Cultural barriers prevent people from different cultures from effectively communicating and working with each other. Cultural barriers can be caused by differences in languages, beliefs, or values. It is important to lessen the possibility of miscommunication caused by the ethnic or cultural barrier. For example, if the interrogee is tagalog, he can not be interrogated by an ilocano investigator. An interrogator must have ethnic or cultural difference awareness. Studying the interrogee can help the investigator identify once culture, and make plan how to remove those ethnic or cultural barriers.
Searching for the soft spot. In every Man's heart there is always that softest spot. That spot maybe the youngest child, the wife, the mother and the brother who acted as his father, his best friend or any person that he values the most. For example, according to the investigator's study, the interrogee values his mother the most, the interrogator can used it as an example in a scenario that will push the interrogee to react or say things that will help him speak.

F. ADDITIONAL MODERN TECHNIQUES OF INTERROGATION

1. RATIONALIZATIONS ARE EXPLANATIONS OR JUSTIFICATIONS THAT ARE

USED TO MAKE THE SUSPECT FEEL MORE COMFORTABLE AND AT EASE

DURING THE INTERROGATION PROCESS. ITO AY MAKAKATULONG SA PAG

ENCOURAGE SA SUSPECT TO OPEN UP AND PROVIDE INFORMATION THAT THEY

MAY OTHERWISE BE UNWILLING TO SHARE. THE USE OF RATIONALIZATIONS IS

BASED ON THE IDEA NA MAAARING MARAMING SUSPECTS AY MAAARING

NAGUI-GUILTY O NAHIHIYA SA KANILANG MGA GINAWA, AT MAAARING NAG-

AALANGAN NA PAG-USAPAN ANG TUNGKOL SA KANILA. BY OFFERING

EXPLANATIONS OR JUSTIFICATIONS FOR THE SUSPECT'S BEHAVIOR, THE

INTERROGATOR CAN HELP TO REDUCE THESE FEELINGS AND CREATE A MORE

RELAXED AND OPEN ATMOSPHERE. FOR EXAMPLE, AN INTERROGATOR MAY

USE A RATIONALIZATION SUCH AS "NAIINTINDIHAN KO KUNG BAKIT MO

NAGAWA ANG MAGNAKAW NG PERA, LAHAT NAMAN TAYO AY NARARANASAN

ANG PAGHIHIRAP SA FINANCIAL". THIS STATEMENT ACKNOWLEDGES THE

SUSPECT'S ACTIONS WHILE ALSO PROVIDING A JUSTIFICATION FOR WHY THEY

MAY HAVE COMMITTED THE CRIME. THIS CAN HELP TO BUILD UGNAYAN AND

TIWALA WITH THE SUSPECT, WHICH CAN ULTIMATELY LEAD TO MORE

INFORMATION BEING SHARED.

PROJECTION: It's the process of blaming other people, not just the suspect, is a common tactic used by murderers. This can include blaming the mastermind, the victim, the husband, or the wife for their infidelity. Or It can also be seen as a necessary evil, as the victim is planning to kill the suspect. For example, the murderer may blame the mastermind for corrupting him with large sums of money, or the mastermind may blame the greediness of the victim. 3.Minimization – Minimization techniques often involve making excuses for the suspect's behavior, offering sympathy or understanding, or minimizing the consequences of the offense. For example, an interrogator might say, "I can see why you did what you did" or "It's not as bad as it seems" in an attempt to minimize the offense and put the suspect at ease. The goal of minimization is to create a more relaxed and non-threatening atmosphere during the interrogation, which can increase the likelihood that the suspect will provide information or confess to the crime. G. PHYSICAL SIGNS OF DECEPTION (
Flight or fight

Physiological changes occur when someones under stress, stress can indicate lying. Our primitive brain wants to tell us to either stand or run away.

COGNITIVE COMPLEXITY When people lie they try to keep it simple as much as possible. They lie with only two senses, what they hear or what they see they don’t necessarily add how it smelled, or spacial relationships, or interactions with other people. And if you ask specific question they are more likely to think and fall apart.
PERCEPTION MANAGEMENT When the subject tries to behave in a way they think the interviewer would expect from somebody giving a truthful statement, so when the interrogee knows that fidgeting would indicate lying they will very still. Then the interrogator must look in other ways H. Equivocation The subject avoids the interrogator’s questions by filling his or her statements with expressions of uncertainty, weak modifiers and vague expressions. Investigators

CRIMINAL INVESTIGATION, Lecture notes of Law

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A. DEFINITION OF TERMS

IDENTIFY THE SUSPECT FROM THE GROUP, AND TO EVALUATE THE STRENGTH

OF THEIR IDENTIFICATION. ANG PANGUNAHING LAYUNIN NG PAMAMARAAN NA

ITO AY PARA MATEST YUNG ACCURACY NG PAGIDENTIFY NG VICTIM OR

WITNESS SA SUSPECT .THIS TECHNIQUE CAN BE EFFECTIVE KAPAG MERONG

DOUBT ABOUT THE WITNESS OR VICTIM'S ABILITY TO ACCURATELY IDENTIFY

THE SUSPECT. BY PRESENTING A GROUP OF INDIVIDUALS WHO RESEMBLE

THE SUSPECT, THE INTERROGATOR CAN TEST THE ACCURACY OF THE

IDENTIFICATION AND EVALUATE THE CREDIBILITY OF THE WITNESS OR

VICTIM'S TESTIMONY. - REVERSE LINE UP

F. ADDITIONAL MODERN TECHNIQUES OF INTERROGATION

1. RATIONALIZATIONS ARE EXPLANATIONS OR JUSTIFICATIONS THAT ARE

USED TO MAKE THE SUSPECT FEEL MORE COMFORTABLE AND AT EASE

DURING THE INTERROGATION PROCESS. ITO AY MAKAKATULONG SA PAG

ENCOURAGE SA SUSPECT TO OPEN UP AND PROVIDE INFORMATION THAT THEY

MAY OTHERWISE BE UNWILLING TO SHARE. THE USE OF RATIONALIZATIONS IS

BASED ON THE IDEA NA MAAARING MARAMING SUSPECTS AY MAAARING

NAGUI-GUILTY O NAHIHIYA SA KANILANG MGA GINAWA, AT MAAARING NAG-

AALANGAN NA PAG-USAPAN ANG TUNGKOL SA KANILA. BY OFFERING

EXPLANATIONS OR JUSTIFICATIONS FOR THE SUSPECT'S BEHAVIOR, THE

INTERROGATOR CAN HELP TO REDUCE THESE FEELINGS AND CREATE A MORE

RELAXED AND OPEN ATMOSPHERE. FOR EXAMPLE, AN INTERROGATOR MAY

USE A RATIONALIZATION SUCH AS "NAIINTINDIHAN KO KUNG BAKIT MO

NAGAWA ANG MAGNAKAW NG PERA, LAHAT NAMAN TAYO AY NARARANASAN

ANG PAGHIHIRAP SA FINANCIAL". THIS STATEMENT ACKNOWLEDGES THE

SUSPECT'S ACTIONS WHILE ALSO PROVIDING A JUSTIFICATION FOR WHY THEY

MAY HAVE COMMITTED THE CRIME. THIS CAN HELP TO BUILD UGNAYAN AND

TIWALA WITH THE SUSPECT, WHICH CAN ULTIMATELY LEAD TO MORE

INFORMATION BEING SHARED.