4.

WHEN QUESTIONS: These are questions needed to determine and fix the
time, day, month and year when the crime was committed. When questions
should be specified and as accurate as possible.

5.WHY QUESTIONS: These are question that endeavor to ascertain the

motives, causes, antecedents, previous, incidents, related facts, background
occurrences that might explain the commission of offense.

6.HOW QUESTIONS: These are designed to help the investigator determine

how the crime was committed, the means/tools are employed, the crime was
discovered, and the culprit enters the building/room.

L. The Golden Rule in Criminal Investigation

The golden rule states “Do not touch, alter, move, or transfer any object at the
crime scene unless it is properly marked, measured, sketched and/or
photographed.”
The purpose of this rule is to avoid the mutilation, alteration and contamination
(MAC) of the physical evidences found at the crime scene.
Tool of Criminal investigation:
Interview
1. Interview is the simple questioning of a person who cooperates with the
investigator.
- In account of the interview, the witness voluntarily give their accounts
about the commission of a crime.
2. Cognitive Interview conduct of interview upon willing and cooperative
witnesses, to narrate their accounts without interruption.
- A form of technique in the conduct of interview upon willing and
cooperative witness, where they are given the full opportunity to narrate their
accounts without intervention, interruption and interference from the interview.
3. Question and Answer interview style whereby after each question by the
investigator, the interviewee is required to answer.
- Also practiced by some investigators whereby after each question by the
investigator, the interviewee is required to answer on what he knows about what
is being asked.

The Golden Rule in Interview “Never conduct or let anyone conduct an interview
if the interviewer has not gone to the crime scene.”

Qualities of a Good Interviewer

1. Rapport - Must develop good relationship/ trust with the subject
2. Forceful Personality
3. Knowledge of Human Behavior
4. Conversational Tone of Voice
5. Acting Qualities
6. Humility
A. Interview Format (IRONIC)
1. Identity
a. The investigator should identify himself to the witness by name, rank and
agency.
b. He should try to size up the interviewee and reach a tentative conclusion
about this type then use the best interview approach.
2. Rapport The investigator must establish good inter-personal relationship with
the witness.
3. Opening Statement The investigator must explain why the witness is being
contacted.
4. Narration
Allowing the witness to present in a narrative form without injecting questions.
This will allow the continuity and clearness; range of interview is broadened; and
if helps the interviewee recall and relate event in their proper order.
4a. The interviewer should keep to the point at issue and should not wander too
far from it.
4b. The interviewer should be alert for hearsay information so he Can question
the interviewee on the matter later.
4c. Do not interrupt a trend of ideas by abruptly asking a question.) However, you
may guide the interviewee with innocuous questions such as, "and then what did
you do?
5. Inquiry After the witness has told the story, the investigator can make clarifying
inquiries.
5a. Dominate the interview. Be careful not to allow the interviewee to be the one
asking the question.
5b. Do not ramble. Have a reason for every question asked.
5c. Follow the order of time and bring out the facts in that order. This technique is
called "CHRONOLOGICAL QUESTIONING" and is considered the easiest as people
tend to think in terms of what happened first, second, then so on. The interviewer
should go step by step in learning all the details concerning the planning and
commission of the crime and what happened after it was committed.
5d. Exhaust each topic before moving on to the next.
5e. Determine the basis for each material statement. It might be hearsay.
5f. Keep your questions simple and understandable.
5g. The dangers of leading and misleading questions should be borne in mind. A
question which suggests to the witness the answer which the interviewer desires
is a LEADING QUESTION. Questions which assume material facts that have not
been proven are MISLEADING QUESTIONS.
5h. Wait for the answer to one question before asking a second question.
5i. Ask important questions in the same tone of voice as unimportant ones.
5j. As a rule, avoid tricking or bluffing questions.
5k. Where it is necessary to inquire into the past history of the interviewee
involving something unpleasant, it is wise to Use introductory remarks deploring
the need for the question and saying that it is one of the unpleasant but
necessary duties of the officer.

6. Conclusion The interview should be concluded when the witness has nothing
pertinent to offer.
6a. Before closing the interview, the law enforcer should make a mental check of
the purpose of the interview and should analyze what he has learned, then decide
whether he has attained his objectives. He should be guided in this respect by the
5 W's and1 H.
6b. The interviewee should always leave the door open for re-interview.

Reasons Why Witnesses Refuse to Talk or Testify

1. Fear of Reprisal
2. Great Inconvenience
3. Hatred Against the Police
4. Bias of the Witness
5. Avoidance of Publicity
6. Family Restriction

Stages of Handling the Interview

● Preparation – investigator should review the facts in order that he would be
ready for the questioning.
● Approach – The investigator must carefully select his kind of approach, which
maybe a single kind, a combination of two or the application of all techniques.
● Warming Up –clear the atmosphere, promote a conducive ground for cordiality,
respect and trust for each other.
● Cognitive Interview

Rules in Questioning a Person Involved in a Crime

1. Ask Question at a Time
2. Avoid Implied Answers
3. Questions should be clearly stated
4. Saving Faces
5. Yes and No Answers are not Allowed

Types of Witnesses According To Their Attitude

 1. Know-nothing Type - These are the reluctant type of witnesses. They

are found among the uneducated and of low level of intelligence.

 2. Disinterested Type - This is the uncooperative and indifferent subject.

To deal with them is to find out their field of interest so that they will
talk.
 3. The Drunken Type - The style of questioning by the investigator
should be adapted to the psychology of the subject.

 4. Talkative Type - These are witnesses who are prone to exaggerate,

adding irrelevant or new matters to their narration.

 5. Honest Witnesses - These are the truthful and cooperative witnesses

where the investigator could rely upon, with little or no problem in
handling them.

 6. Deceitful Witness - These are the liar type of witnesses.

 7. Timid Witnesses - They are the shy witnesses. The approach must be
friendly and reassuring confidentiality of their information.

 8. Witnesses who refuse to answer - These are the most difficult

subjects to deal with. Find out the reasons of their personality.
Tool of Criminal investigation:
Interrogation
DEFINITION OF TERMS

1. INTERROGATION is the vigorous and confrontational questioning of a

reluctant suspect about his participation in, a crime. This process is also
applied to an uncooperative or reluctant witness. The purpose of
Interrogation is to obtain confession or admission from the suspect and to
lean relevant information from uncooperative witnesses.
2. CUSTODIAL INTERROGATION OR INVESTIGATION is the term to denote the
investigation conducted by the investigator on the suspect who is under
police custody. This is the stage of the investigation where there is strict
observance of the MIRANDA DOCTRINE.
3. DEBRIEFING is the interrogation of a friendly interrogee who has
information at the direction of or under the control of friendly
unintelligence service.
4. INTERROGATION REPORT is an oral or written statement of information by
the questioning of an interrogee.
5. INTERROGATOR is a person who does the questioning.
6. INTERROGEE refers to any person who is subjected to the interrogation
process in any of its forms and phases.
7. SCREENING is the initial examination of an interrogee to determine the
extent of his knowledge of persons, places, things or events in which we are
interested.
8. SOURCE refers to any person who for any reason submits information of
intelligence interest usually on a voluntary basis.
9. Suspect refers to any person believed to be associated with prohibited
activity.
10.Witness refers to any person who has directs knowledge of facts
concerning an event or activity.

 
 FORMS OF INTERROGATION

1. DIRECT INTERROGATION

 the subject is aware but he may not learn the true objectives of the
interrogation.           
 used extensively at the tactical level.

2. INDIRECT INTERROGATION

 the subject is aware.

 This applied when time is not so important.

 
TYPES OF INTERROGATION

1. SCREENING

 This is usually applied immediately after capture, apprehension or arrest

of subject. Its objective is to obtain background information about the
interrogee (subject) and to determine his area of knowledge and ability.

2. FORMAL INTERROGATION (DETAILED)

 This is the systematic attempt to exploit to an appropriate depth those

areas of the interrogee's knowledge, which have been identified in the
screening process.

3. DEBRIEFING

 It is a form of eliciting information, which is generally used when the

area of knowledge ability of the interrogation is known.

4. INTERVIEW

 Similar to debriefing although it is less formal and the interrogee is not

necessarily under the control or employment of the respective
intelligence service.
 5. INTERROGATION OF LAY PERSONNEL (SPECIAL TYPE)

 In this type, the techniques are similar to interrogation. However,

special effort must be made to establish a common frame of reference
between the interrogator and the subject. The amount of information
obtained will depend on the interrogator's inequity in establishing
common terminology on the source.

6. TACTICAL INTERROGATION

 The level of interrogation where the source has specific and detailed
information that requires a trained expert in the subject matter to be
explored. It usually covers the specific subject anytime but is not as
limited as in other interrogation.

 
PHASES OF INTERROGATION

1. PLANNING OF INTERROGATION
 The interrogator must observe the interrogee without the
latter's knowledge to determine his conditions, habits,
emotional and personal appearance.
 The interrogator must question or interview any guard, or any
person available who has had contact with the source to
determine the interrogee's attitudes, circumstances of capture
and how he has been treated.
 The interrogator must examine any document found on the
source in order to determine how to pen the interrogation.
 The interrogator should begin immediate screening of the
interrogee in order to determine his particular area of
knowledgeability.

2. APPROACH (MEETING THE INTERROGEE)

 The first meeting in which it is extremely critical because the outcome

may depend on the initial impression created by the interrogator. The
 main objective is to develop rapport with the source in order to gain his
cooperation and induce to him questions to obtain the desired
information.

3. QUESTIONING

 This is the heart of the interrogation.

4. TERMINATION

 The termination of the interrogation will depend on various factors such

as the physical condition of the subject. a. The amount of information
possessed by the interrogee is so great that it may take several sessions
to complete the interrogation. b. It should be ended on a friendly
manner and leaving in the mind of the interrogee that he may be
further interrogated.

5. RECORDING

 The interrogator should take notes in cryptic if possible.

 The interrogator should not take notes unless rapport with the
interrogee has been established.
 It is desirable to record the interrogation with a tape-recording device
without the knowledge of the interrogee if the latter refuses to talk with
an interrogator taking notes. The recorder must be tested before and
after the interrogation.

6. REPORTING

 The end product of an interrogation is the Tactical Interrogation Report

containing the information gained. Report must be made orally or in
written form. The interrogator must:
 o Remain objective (not bias) in his report.
o State which information is factual and which inferred
(implied/that which Can be derived) as well as the first-hand
information and hearsay.
o Be able to evaluate the source as to his credibility
(qualification and truthfulness).

 
TECHNIQUES OF INTERROGATION

1. EMOTIONAL APPEAL

 This is a technique where the investigator, combining his skills of an

actor and a psychologist, addresses the suspect with an emotional
appeal to confess.

2. SYMPATHETIC APPROACH

 The investigator, in his preliminary or probing questions must dig deep

into the past troubles, plight and unfortunate events in the life of the
suspect.

3. FRIENDLINESS

 A friendly approach coupled with a posture of sincerity may induce the

suspect to confess.

 
TRICKS AND BLUFF TECHNIQUES:

4. THE PRETENSE OF SOLID EVIDENCE AGAINST THE ACCUSED

 The Investigator bluffs the suspect that even if he will not confess, there
is enough evidence to send him to jail. may

a. THE WEAKEST LINK

 Among the suspects, there must be a careful selection of who among

them is the weakest link where the interrogation will begin.
b. DRAMA

 The weakest link maybe used to fake pain and agony by ordering him to
shout, accompanied by banging a chair on the wall to make it appear
that a commotion is going on.

c. FEIGNING CONTACT WITH FAMILY MEMBERS

 The suspect could be tricked that the investigator had gone to the
residence and the family members had supplied facts against the
suspect.

d. THE LINE UP

 The complainant, witness or victim is requested to point positively the

suspect who is among persons in the police line-up

e. REVERSE LINE UP

 The suspect is placed among other persons in a line up and he is

identified by several complainants and witnesses who will associate the
suspect in other several crimes.

5. STERN APPROACH

 The investigator displays a stern demands immediate response

personality towards the suspect by using the following methods:

a. JOLTING

 Is the questioning technique where the investigator selects the right

moment to shout to the subject with a pertinent question in an
apparent righteous outrage.

b. OPPORTUNITY TO LIE

 The suspect is given all the opportunities to lie.

 

6. THE MUTT AND JEFF OR SWEET AND SOUR METHOD

 The first set of investigators must appear to be rough, mean and

dangerous. When they had finished the interrogation, the second
investigator intervenes by stopping the first set of investigators.

7. REMOVING THE ETHNIC OR CULTURAL BARRIER

 If the suspect is an Ifugao, an Ifugao investigator and the same should

interrogate him, the same with other ethnic or cultural groups.

8. 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, the grandparents or the best friend.

 
ADDITIONAL MODERN TECHNIQUES OF INTERROGATION
Actually, these modern techniques are called from the techniques forecited. What
is new about them are their names and designations.

1. RATIONALIZATION

 It is the use of reasons, which is acceptable to the subject that led to the
commission of the crime.

2. PROJECTION

 It is the process of putting the blame to other persons, not alone to the
suspect.

3. MINIMIZATION

 It is the act of minimizing the culpability of the suspect.

 
 
PHYSICAL SIGNS OF DECEPTIONS
The physical signs of telling a lie are not absolutely bases in saying that a person is
not telling the truth when observed from him/her. Nevertheless, the following
shall serve as additional situations the investigator must have to observe:
1. EXCESSIVE SWEATING

 Profuse sweating indicates tension, anxiety, shock or fear. Extreme

nervousness is also the cause of sweating.

2. FACE COLOR CHANGE

 Anger is indicated if the face is blushed

3. DRY MOUTH

 This is a sign of great tension and is a reliable symptom of deception.

4. EXCESSIVE BREATHING

 An effort to control breathing during the critical questioning is an

indication of deception. Gasping of breath is the ultimate result of the
control in breathing.

5. INCREASE OF PULSE BEAT

 When observed at the sides of the neck, the investigator will discover
the increase in pulse beat which is indicative of deception.

6. AVOIDANCE OF DIRECT EYE CONTACT

 This may indicate guilt or deception. Misty or teary eyes indicate

remorse or repentance.