CDI 1 BS CRIMINOLOGY REVIEW MATERIAL
a crime or offense that is less serious than a felony and is
CRIMINAL INVESTIGATION DEFINED punishable by a fine or imprisonment of as long as 1 year in
an institution other than a penitentiary.
an art which deals with the identity and location of the CRIMINAL STATUTE
offender and provides evidence of his guilt through a legislative act relating to a crime and its punishment.
criminal proceedings.in as much as it is not a science, it is
not governed by rigid rules or laws but most often it is ORDINANCE
governed by intuition, felicity of inspiration and to a minor an act of legislative body of a municipality or county relating to
extent by chance. all rules governing the municipality or county, including
misdemeanors
a patient, step by step inquiry or observation, a careful
examination, a recording of evidence or legal inquiry. the FORMS OF INVESTIGATION
word investigate is derived from the Latin word vestigare, SIX (6) MAJOR TYPES OF INVESTIGATION
meaning to track or trace, a derivation easily related to
police investigation. 1.Formal investigation
an official inquiry conducted by a government agency in an
a process of discovering, collecting, preparing, identifying effort to uncover facts and determine truth.
and presenting evidence to determine what happened usually considered as some form of inquiry concerning of
and who is responsible. criminal activity.
typically done by law enforcement agencies to discover facts
a reconstructive process that uses deductive reasoning, concerning criminal activity
a logical process in which a conclusion follows from
specific facts. 2. Inquest
an effort to search the basic cause of an accident such as the
commission of the crime.
CRIMINAL INVESTIGATOR used to describe a form of judicial inquiry.
a person who is charged with the duty of carrying on the frequently associated with investigation conducted by public
objective of criminal investigation, i.e.to identify and locate prosecutor to determine if legal ground exist in filing a criminal
the guilty and provide evidence of his guilt. complaint against a person.
skilled person who is charged with the duty of conducting the examination conducted by a medico legal officer as
criminal investigation when a crime is committed. requested by the police investigator or the prosecutors for the
purpose of determining the cause of death.
IMPORTANT TERMINOLOGIES
3. Inquisition
CRIMINAL OFFENDER (criminological sense) a more historical description than a current usage to describe
any rational individual who commits an anti-social act that any pending investigation concerning religious issue.
is detrimental to the society.
a person who committed an act punishable by existing 4. Probe
criminal law and was tried and convicted of final judgment similar to formal investigation, is an extensive, searching
by a competent court (legal sense). inquiry conducted by a government agency.
any person finally convicted by a competent court in often associated with committees usually in the form of
violating of criminal law (in its legal definition investigations legislative inquiries
of crime and suspected criminals).
5. Research
CRIMINALISTIC most employed type of investigation refers to the careful.
a branch of forensic science, which is broader field patient investigations done by scientist or scholars in their
encompassing the application of science to the law. efforts to identify original sources of data or causes of problem.
Forensic science involves applying scientific processes
to solve legal problems, most notably within the context of 6. Investigative reporting
the criminal justice a violation of public right or law.
a recent type of investigation pursued by the member of the
press on their own initiative.
CRIMINALIST it is designed for two purposes
AKA crime scene technician, examiner or investigator, o To attract readers
laboratory technician or a laboratory investigator who o To get the root problems
searches for, collects and preserve physical evidence in
investigation of crime and suspected criminal system. WHAT IS THE EXCEPTION TO THE GENERAL RULE THAT A
CRIMINAL INVESTIGATION IS NOT A SCIENCE BUT AN ART
a specialist in recording, identifying and interpreting the
minutiae (minute details) of physical evidence The exception to the general rule, perhaps is the 1987 constitution
which states among other things, that an arrested person under
CRIME custodial investigation is afforded with the three constitutional
an act in violation of penal law and an offense against the rights, such as.
state. the broader use of the term includes both felonies The right to remain silent
and misdemeanors. The right to counsel
a violation of public right or law. The right to be informed of the nature and the cause of
an act or omission forbidden by law and punishable bay accusation
fine, imprisonment or even death, this contrast with torts
or private harms. WHAT IS THE LEGAL CONSEQUENCE IF AN ARRESTED
PERSON UNDER CUSTODIAL INVESTIGATION IS DEPRIVED
FELONY OF THE AFORESTATED CONSTITUTIONAL RIGHTS.
a serious crime graver than a misdemeanor and is Any testimony or statement taken from the arrested person
who is deprived of the three constitutional rights would be
, FUNDAMENTAL OF CRIMINAL INVESTIGATION AND INTELLIGENCE
CDI 1 BS CRIMINOLOGY REVIEW MATERIAL
CHARACTERISTICS OF AN EFFECTIVE INVESTIGATOR b. Endurance - the ability to last physically and mentally
A good investigator is knowledgeable, creative, patient hence, he must have the extra ordinary physical and mental
and persistent energy, enduring sleepless night tiresome days.
A good investigator also reads a lot about a variety of c. Incorruptible - honesty and integrity-in the practice of his
subjects. Regardless of title, pay, rank, investigative art, there is ever temptations of money, women and drinks,
officers are more effective when they possess specific where these are presents in every corner playing tricks of
intellectual, psychological and physical characteristics. temptation.
Intellectual characteristics
d. The intelligence and Wisdom of King Solomon - this is
Investigators must absorb training and apply it to their
very important in order that the investigator could easily
work.
decipher falsehood from truth and separate the grain from
They must know the elements of the crime, understand
the chaff.
and be able to apply investigative techniques and be
able to work with many different types of people,
e. The knowledge of psychology and other natural
exceptional intelligence is not a requisite of an effective
sciences – he must know the different patterns of human
investigator; objectivity, logic and common sense are
behavior, the prevailing situations in a specific environment
more important.
and the laws of the nature. This is an armor to detect
Effective investigator obtains and retain information;
deception and lies when dealing with witnesses, informers
apply technical knowledge; and remain open minded,
and suspects.
objective and logical they are also cultural adroit, that
is skilled in interacting across energetic, generational,
f. Acting ability – it is the ability to go down to the level of the
social and political group lines.
minor, the prostitute or slum dwellers, or the level of the
Psychological characteristic- other professionals or the members of the elite.
Effective investigators are emotionally well balanced,
inquisitive, suspecting, discerning, self-disciplined and g. Mastery of the oral and written communication - in order
persevering. that he will not suffer setbacks in getting accurate facts.
Physical characteristic h. The keen power of observation and description - these
Effective investigators are physically fit and have good are very important in crime scene investigation and interview
vision and hearing. and interrogation.
QUALITIES OF AN INVESTIGATOR i. Courage – it is the moral turpitude to tell the truth no matter
1.Perseverance who will be hurt.
is the ability to persevere or stick to a task in spite of
monotony and the many obstacles which surrounds it. j. The working knowledge of criminal law, evidence
criminal procedures and penal special law.
2. Intelligence
The investigator must have certain abilities and an k. Sense of justice and fair play
intelligence which would enable him to acquire
information easily and readily and to use this information l. Working knowledge of martial arts and firearm
truthfully. proficiency – He will find himself in many occasions
He should have the capacity to think through situations. that he will be alone in confronting, arresting, bringing to
The investigator must be intelligent as the offender. headquarters and interrogating the suspect
3. Honest CATEGORIES OF INVESTIGATION ACCORDING TO JHON
The investigator must be honest, incorruptible and DEMPSEY
must possess personal integrity. A. CRIMINAL INVESTIGATION VS NONE CRIMINAL
The investigator will be subjected to all kinds of INVESTIGATION
temptations physically, emotionally and materially.
CRIMINAL INVESTIGATION is usually carried out by the
Temptation to gain will be continuously be present and
police with the goal of prosecuting the person responsible
he must be able to recognize and resist it.
for the commission of a crime. This type of investigation can
also be assigned to private investigators.
4. Understanding of the people and environment
The investigator must have understanding of the
NON- CRIMINAL INVESTIGATION involves non-criminal
people and the environment in which he lives.
incidents or events. It can be conducted by the police or
He must know the weakness and the strength of the
private investigators.
people so that he can use them to his advantage,
particularly during interrogation.
B. REACTIVE VS PROACTIVE INVESTIGATION
A knowledge of psychology of human behaviors is
essential to the investigator. REACTIVE INVESTIGATION is a type of investigation that
The investigator should be aware of the factors of the is limited on the basis of complaint filed by victim or any
social pattern that contributes to the of behaviors concerned citizen.
exhibited by the individual.
PROACTIVE INVESTIGATION is an investigation
5. Keen power of observation and accurate description conducted by the police based on their own initiatives. These
Observation implies a clear mental picture of what is are designed to catch a criminal in the act of committing a
seen. crime rather than waiting until the crime is reported by a
Requires a seeing of detail. A study of details and concern citizen.
recognition that the whole picture is composed of many
details C. OVERT INVESTIGATION VS COVERT INVESTIGATION
A good investigator must observe them accurately and
completely. OVERT INVESTIGATION is conducted openly; investigators
do not hide their true identity or hide the fact that they are