445871003- Specialize- Crime- Investigation-1-WITH- Legal- Medicine-docx PDF

Preview

Summary

HANDOUTS IN SPECIALIZEDCRIME INVESTIGATION 1WITH LEGAL MEDICINECHAPTER 1PRELIMINARY CONSIDERATIONSIntroduction As crime continues to be a major problem to society, the criminal justice system struggles to maintain its effectiveness. Special crime investigation, although but a partial solution to the...

Description

HANDOUTS IN SPECIALIZED CRIME INVESTIGATION 1 WITH LEGAL MEDICINE

CHAPTER 1 PRELIMINARY CONSIDERATIONS Introduction As crime continues to be a major problem to society, the criminal justice system struggles to maintain its effectiveness. Special crime investigation, although but a partial solution to the elimination of crime, is a highly important function. The other major elements of the criminal justice system, namely, prosecutions, courts, corrections, and community, are largely dependent upon successful investigations. What is Special Crime Investigation? Special crime investigation is the investigation of cases that are unique and often require special training to fully understand their broad significance. This also requires familiarity with the provisions of the Revised Penal Code, and various Special Laws, prescribing and penalizing specific offenses. Duties of Special Crime Investigators The following are the responsibilities of special crime investigator: 1. Determine if the crime has been committed. An investigator familiar with the elements of at least the more common crimes will be able to handle most situations. First, the investigator should have available copy of both the revised penal code and special laws; this ought to suffice for many of the more difficult cases. Second, the prosecuting fiscal can be consulted. Third, if it is determined that no crime is involved or the issue is a civil litigation, with rare exceptions, criminal law enforcement agencies have no responsibility. 2. Verify territorial jurisdictions. If a crime is not within the investigator’s jurisdictions, there is no responsibility for its investigation, but the complainant may need to be referred to the proper authority. Occasionally a crime is committed on the border line of two adjacent jurisdictions. 3. Discover all facts and collect physical evidence. The facts available to the first officer to arrive at a crime scene are provided by the victim or complainant and any eyewitness. Except in law enforcement agencies with programs in place for managing criminal investigations, they will be communicated to the investigator dispatched to investigate the crime. 4. Recover stolen property. The recovery of the stolen property has a significant or having parallel with establishing the positive identity of the perpetrator. The reports required of secondhand dealers and pawn shops are of great help to criminal investigators. They facilitate the identification of items brought in for pawn, since many thieves use this means to convert their loot into cash. 5. Identify perpetrator. In addition to the role secondhand dealers and pawnbrokers play in the recovery of stolen property, there is a chance that other merchants engaged in buying and selling may be able to describe who brought in a particular item. Usually the seller is required to fill out a form giving name, address, telephone number, and place of employment, thereby unwittingly making a sample of handwriting specimen or printing available. 6. Locate and apprehend the perpetrator. When people who know the perpetrator are unwilling or unable to provide an address or a clue to his or her whereabouts, records may provide the information. When the suspect is located, apprehension seldom presents difficulties; if it does, a raid may be called for. 7. Aid in the prosecution of the perpetrator. Largely as a result of plea bargaining, only a few cases that are investigated and solved eventually go to trial, but the investigator must operate on the assumption that each will be tried. This necessitates that proper notes, photographs, and sketches are made in a timely fashion from the very beginning and that the physical evidence present is properly handled and examined. 8. Testify effectively in court. Although few people are comfortable when called to the witness stand, the experienced investigator who has testified often can appear jaded. Yet testimony is effective only when it is credible. When sincerity, knowledge of the facts,

and impartiality are projected, credibility is established. In all events, it is helpful that the investigator be familiar with the rules of evidence and pitfalls of cross-examinations. Phases of Special Crime Investigation The phases of special crime investigation can be divided into: 1. The Preliminary Investigation. The preliminary investigation involves the first exposure of the criminal offense to the investigative effort. It cannot be emphasized too strongly that this step is vital to the success of the investigation. The preliminary investigation serves as the foundation for the case; therefore, there must be proper foundation or the entire investigation is in jeopardy. 2. The In-Depth Investigation. The second investigative state of criminal offense is the follow-up or the continuing inquiry. The in-depth phase follows up initial leads stemming from the preliminary investigation. The in-depth inquiry begins with a general re-examination of all facts, leads and other types of information secured during the preliminary investigation. 3. The Concluding Investigation. This final stage, the concluding investigation, is the direct outgrowth of the previous two stages. If the preliminary and in-depth investigations have been unsuccessful in identifying, locating, and arresting a suspect, certain administrative decisions concerning the continuation of the case must be made. An active inquiry cannot continue indefinitely. Various Sources of Information The following are the various sources of information: 1. People. As long as general, specific, or intimate knowledge concerning the individual endures, it can be acquired by those who know how. People are social beings, and information on them can usually be found in the possession of family, relatives, work or business associates, and others who share their recreational interests. It can also be picked up accidentally through those who were witness to or the victim of a crime. 2. Physical Evidence. Any object, thing or article of a material nature is potential physical evidence. The scientific specialists who undertake most scientific examinations at the crime laboratory of physical evidence are medico-legal experts, chemists, and criminalists. The following questions arise: What is the material? If found at a crime scene, can it be linked to or help exonerate a suspect? Can it be used to reconstruct what happened? What is the cause of death? 3. Records. Records are form of physical evidence. They receive separate treatment, however, because they are widely scattered, voluminous, and have specialists devoting full time to their storage and retrieval. Modern society relies on paper records by storing the information collected day in and day out. Later this can prove useful in a criminal investigation. Records need not be printed or handwritten. They may be stored on film, tape, or even computer disc or hard drive. Managing Special Crime Investigation The five elements of managing special crime investigation are: 1. Initial Investigation. There is a major difference between traditional investigation efforts and managing special crime investigation; the latter has responsibility for the initial investigation over to the patrol officer responding to the radio call. The aim is to have the uniformed police officer obtain all information available at the crime scene, so that this task need not be repeated should a criminal investigator be assigned to continue it. 2. Case Screening. Another important difference is the way managing special crime investigation utilizes the initial information when screening a case to determine whether to close it out as unsolvable or to recommend further investigation. Experiences clearly demonstrate that every case is not solvable, but from cases which were successfully investigated, empirical research has been identified through “solvability factors.” 3. Continuing Investigation. Under traditional arrangements an investigator “caught” cases by chance. This means that the individual on duty was responsible for all cases

4.

5.

that came in and for deciding which to pursue and which to “can,” that is, keep in a personal file, off the official record as warranting no further effort. This practice has many shortcomings. Police-Prosecutor Relations. The traditional practice in the criminal justice system has been for each segment to act independently with little concern for other component parts. For instance, the law enforcement agency seldom talks to, much less exchange ideas and opinions, with correctional people, judges, or prosecutors, or even with the community members, and even with their counterpart police agency. Investigative Monitoring System. A case monitoring system is set up to give police and law enforcement agency’s administrators’ continuous feedback on the investigative process and the quality of personnel performance. The investigative monitoring system might focus on the percentage of cases assigned for continuing investigation, and whether or not the interval between official assignment of the case, and the subsequent case closure has changed.

CHAPTER 2 LEGAL SAFEGUARDS OF PERSON UNDER CUSTODIAL INVESTIGATION Article III of the 1987 Philippine Constitution Concept of Bill of Rights It is a declaration and enumeration of a person’s rights and privileges which the Constitution is designated to protect against violation by the government, or by individual or groups of individuals. It is a charter of liberties for the individual, and a limitation upon the power of the State. Classes of Rights 1. Natural Rights – those possessed by every citizen without being granted by the State for they are given to man by God as a human being created to his image that he may live a happy life. 2. Constitutional Rights – conferred and protected by the Constitution. 3. Statutory Rights – provided by law, promulgated by the law-making body and consequently may be abolished by the same body. Classification of Constitutional Rights 1. Political Rights – the power to participate directly or indirectly in the establishment or administration of the government. 2. Civil Rights – a law which secures private individuals for the purpose of securing enjoyment for their means of happiness. 3. Social and Economic Rights – Intended to insure the well-being and economic security of an individual. 4. Rights of the Accused – intended for the protection of a person accused of any crime. THE BILL OF RIGHTS Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. What is Due Process? Any deprivation of life liberty and property by the State is with due process if it is done: 1. Under the authority of the law that is valid under the Constitution itself; and 2. After compliance with fair and reasonable methods of procedure required by law. What constitutes Deprivation? 1. Deprivation of life – the loss of any of the various physical and mental attributes which man must have to live as human being. It is the very foundation of human rights.

2. 3.

Deprivation of liberty – that one is duly prevented from acting the way he wishes to do. Deprivation of property – when it its value is destroyed or its adaptability to some legislation should be treated alike under circumstances and conditions both in the privileges conferred and liabilities imposed.

What is the meaning of Equal Protection of Law? It signifies that all persons subject to legislation should be treated alike under the circumstances and conditions both in the privileges conferred and liabilities imposed. Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. What is a Search Warrant and Warrant of Arrest? Search Warrant - An order in writing, issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for a certain personal property and bring it before the court. Warrant of Arrest - A written order to arrest a person designated to take him in custody in order that he may be bound to answer for the commission of an offense. What is its scope of protection? 1. Persons – applies to every citizen of the Philippines including aliens whether accused of crime or not. 2. Houses – not limited to dwelling but extends to a garage, warehouse, shop, store and even a safety deposit vault. 3. Papers and effect – include sealed letters and packages in the mail which may be opened and examined only in pursuance of a search warrant. When search and seizure unreasonable? In general, all illegal searches and seizures are unreasonable while lawful ones are reasonable. Requisites for a Valid Search Warrant or Warrant of Arrest 1. Issued upon probable cause. 2. The probable cause must be determined personally by the judge himself. 3. Such determination of the existence of probable cause must be made after examination by the judge of the complainant and the witnesses he may produce. 4. Must particularly describe the place to be search and the persons or things to be seized. When search and seizure may be made without warrant? 1. Where there is consent or wavier 2. Where there is an incident to a lawful arrest 3. In the case of contraband or forfeited goods being transported 4. The possession of articles prohibited by law is disclosed to plain view or is open to eye and hand 5. As an incident of inspection, supervision and regulation in the exercise of police power 6. Routinary searches usually made at the border or a port of entry in the interest of national security and for proper enforcement or customs and immigration laws.

When arrest may be made without warrant? 1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; 2. When an offense has in fact just has been committed and has been personal knowledge of facts indicating that a person to be arrested has committed it; 3. When a person to be arrested is a prisoner who has escaped from a penal establishment where he is serving final judgement or temporarily confined while his care is pending, or has escaped while being transferred. Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. Meaning of Right to privacy – The right to be left alone Limitations on the Right of Privacy of Communications 1. Permissible interference a. Upon lawful order of the court; or b. When public safety or order requires otherwise as prescribed by law. 2. Intervention of the court Writ of Habeas Data Meaning: It is a judicial remedy available to any individual whose right to privacy in life, liberty, or security is violated or threatened by unlawful act or omission of a public official employee or of a private individual or entity engaged in gathering, collecting or storing of date or information regarding the person, family, home, and correspondence of the aggrieved party. A. Purpose of the Writ – to secure the privacy of an individual by way of regulating the processing of personal information or data about him. B. How Writ Operates – any aggrieved party may file a petition in court for the writ of habeas data. The court shall issue the writ which shall be served upon the respondent who shall file a written return under oath with supporting affidavits. Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. Freedom of Speech, and Expression, and the Press – the rights to freely utter and published whatever one pleases without previous restraint, and to be protected against any responsibility for so doing as long as it does violate the law, or injure someone’s character, reputation, or business. Scope of Freedom of expression – the rights of assembly and petition, the right to form associations or societies not contrary to the law, and the right to religious freedom. Scope of Terms “Speech”, “Expression”, And “Press” 1. “Speech” and “expression” cover any form of oral utterances such as protests as expression of opinion about subjects of public concern. 2. The “press” covers any sort of publications as instruments for mass communication. Freedom of Expression Not Absolute 1. Subject to regulation by the state. 2. Subject one to liability when abused. Meaning of Right of Assembly and Right of Petition 1. The right of assembly means the right on the part of the citizens to meet peaceably for consultation in respect to public affairs.

2. The right of petition means the right of any person or group of persons, to apply without fear of penalty to the appropriate branch or office of government for redress of grievances. Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. Meaning of Religious Freedom - The right of a man to worship God, and to entertain such religious views as appeal to his individual conscience, without dictation or interference by any person or power, civil or ecclesiastical. Meaning of Religion – all forms of belief in the existence of superior beings exercising power over human beings and imposing rules of conduct with future state of rewards or punishments. Aspects of Religious Freedom 1. The separation of Church and State. 2. The freedom of religious profession and worship. Religious Test Prohibited 1. Meaning of terms a. A religious test is one demanding the avowal or repudiation of a certain religious beliefs before the performance of any act. b. The expression of civil political rights (supra) is to be understood as including the individual right safeguarded by the Constitution and statutory laws. Reason for Provision – Without such prohibition, religious freedom becomes meaningless. The State without such a bar, notwithstanding the doctrine of its separation from the Church, could in fact accord preference to a religious organization. Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. Meaning of Liberty of Abode and Travel – It is the right of a person to have his home in whatever place chosen by him and thereafter to change it at will, and to go where he pleases, without interference of any source. Limitations on The Right 1. Permissible interference. – The right is qualified by the clauses “except upon lawful order of the court” and “except in the interest of the national security, and public safety or public health as may be provided by law. 2. Intervention of the court. – Note that under the second limitation, a court order is not necessary. The determination of the proper executive officer (President) is subject to judicial reviews. A person whose liberty of abode is violated may petition for a writ of habeas corpus against another holding him in detention. Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy devel...