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Gruppo Eslabon
Human Resources Department
Training Branch
Gruppo Eslabon
 DAVID A. FLOR, CSP
Corporate HR Director
Human Resources Department
 HENRY S. SALONGA, CSMS
Director for...
Gruppo Eslabon
 DAVID A. FLOR, CSP
Corporate HR Director
Human Resources Department
 HENRY S. SALONGA, CSMS
Director for...
INVESTIGATION
AND
REPORT WRITING
INVESTIGATION
is actually gathering the facts,
finding out the truth
surrounding a particular case
and bringing to justice...
ESSENTIAL ELEMENTS OF
INVESTIGATION:
• WHO?
• WHAT?
• WHERE?
• WHEN?
• WHY?
• HOW?
SOME INDICATORS TO DETERMINE IF
A PERSON IS LYING
1.The subject under
investigation or under
interview may have his eyes
s...
2. He/she may continuously delay the answers
by saying “AHHH! I DON’T KNOW”, “YOU MAY
ASK _____?”, GOD KNOWS THAT I DID NO...
4. His hands may move a lot,
turning from right to left or
vice versa.
5. He may cross his left or
right leg most of the t...
6. He may also say “ASK _____ FOR MY
WHEREABOTS DURING THE SAID TIME”.
7. If he is already cornered into answering
questio...
8. And a lot of delaying tactics.
SOME INDICATORS TO DETERMINE IF
A PERSON IS LYING
• During investigations, the investigator usually
asks, in cases of theft, robbery, murder, homicide
or the like, “DID YOU...
• In statement taking, you may adopt the question
and answer type for the complainant and
witnesses. Or you may adopt the ...
• For suspects, you must advise them of
their constitutional rights under the
Miranda Ruling such as “YOU ARE UNDER
INVEST...
…. AFFORD THE SERVICES OF A PRIVATE
COUNSEL, THE GOVERNMENT WILL PROVIDE
ONE FOR YOU. DO YOU FULLY UNDERSTAND
YOUR RIGHTS ...
MIRANDA RIGHTS
• The Miranda warning (also referred to
as Miranda rights) is a warning given by
police in the United State...
MIRANDA RIGHTS
• In other words, a Miranda warning is a
prophylactic criminal procedure rule that law
enforcement is requi...
BASICS
OF
REPORT WRITING
HERE IS THE BASIC EXAMPLE ON HOW
TO MAKE A DETAILED INVESTIGATION
REPORT
I. AUTHORITY:
This investigation was conducted
pu...
II. BRIEF STATEMENT OF THE CASE
• At about _____H of __________ 2011, one
__________ was found to have in his possession,
...
III. MATTERS INVESTIGATED
• To look into the facts and
circumstances surrounding the
mysterious loss of ___ wire at
______...
• In his statement dated __________
2010, a copy of which is hereto
attached as Annex “A”, construction
worker FRANCISCO M...
• RONALDO VALDEZ, in his statement
dated __________ 2010, a copy of
which is hereto attached as Annex “B”,
he significantl...
V.
COMMENTS/RECOMMENDATIONS
• It appears from the foregoing that …..
• In view of the above, it is respectfully
recommende...
• In investigation reports,
never commit the mistake of
giving a conclusion as it is
only the Fiscal or the Judge
that air...
Things to Ponder on:
On Investigation
“Doubt, indulged and cherished, is in danger of
becoming denial; but if honest, and ...
Security InvestigationsSecurity Investigations
29
INVESTIGATION
Definition
INVESTIGATION – is a planned and organized determination of
facts concerning specific events, occ...
SECURITY INVESTIGATION – is a planned and
organized determination of facts concerning
specific loss or damage of assets du...
In the industrial security setting, the usual activities of an
investigator falls generally into the following categories:...
In cases, CRIMINAL in nature , law enforcement matters
should be turned-over upon gathering of initial
information
33
ELEMENTS OF INVESTIGATION
• Investigator
• Purpose
• Subject of the Investigation
34
TOOLS OF THE INVESTIGATION (3 I’s)
Information - knowledge which the
investigator gathers from other persons.
1. Acquired ...
Interrogation
The skillful questioning of
witnesses as well as
suspects.
36
Instrumentation
The application of
instruments and
methods physical
sciences to the detection
of crimes.
37
THREE-FOLD AIM OF INVESTIGATION
• To identify the offender
• To locate the offender
• To provide evidence
38
QUALITIES OF AN EFFECTIVE INVESTIGATION
• Objective
• Thorough
• Relevant
• Accurate
• Current
39
CHARACTERISTICS OF A SUCCESSFUL INVESTIGATOR
• Observant
• Resourceful
• Patient
• People-oriented
• Understanding of huma...
• Possessed of good communication
• Self-starting
• Healthfully skeptical
• Intuitive
• Energetic
• An actor
• Possessed o...
Systematic Approach to Investigation
A. Define the investigative problem
 Know the reason for the investigation – Crimina...
B. Collection of Relevant Data
Prepare a written investigative plan. This covers the following:
1. Information needed
2. M...
Methods and Sources to be Used
» Personal observation
» Undercover
» Surveillance
» Raids and seizures
» Direct visit to t...
– Use of interrogation or interview
– Use of recruited informants
– Liaison with agencies who possess the information
45
Study of the Documents or Records
• Operational files
• Identity of documents
• Newspapers, books, periodicals, etc.
• Cor...
C. Analysis and Verification of the
Information Gathered
Analysis involves a study of information on the basis of
the foll...
Verification method
involves :
• Personal observation of the agent
• Secure reliable statements from individuals
• Documen...
D. Drawing the
Conclusion.
– Is the function and
responsibility of the person
requesting the investigation.
49
GUIDELINES IN AN
INVESTIGATION
50
Preliminary Investigation
P - proceed to the scene promptly and safely.
R - render assistance to the victim. if any
E - ef...
I - interrogate the suspect/offender.
N - note all conditions, events and remarks.
A - arrange for the collection of evide...
INVESTIGATION PROPER
• Search of the crime scene.
• Photographing of the crime scene.
• Crime scene sketch.
• Care of evid...
Incident / Complaint
type investigation
54
GENERAL FACTS
• The incident type investigation is also known as a complaint
type investigation.
• An investigator might b...
INVESTIGATIVE PROCESS
• The investigative process begins with the acquisition
of the initial information which the investi...
THE INVESTIGATIVE ANALYSIS
• Preliminary analysis of the investigative steps to be taken will
be made by someone who assig...
The Investigator determines in advance
the precise location and availability of persons or
premises to be interviewed or v...
• Is the prime or another informant a member of
the bargaining unit (labor union) ? If so, what is
the policy should the i...
– Should any operating or executive management
personnel be notified of the initiation of this
investigation before furthe...
SEQUENCE OF INVESTIGATIVE LEADS
Subject to the circumstances of the situation, the following
general rules can be establis...
• Interview next those persons with relevant but
less extensive information, such as those
witnesses or are familiar with ...
• Observe first those events or locations which will not be
later available for observation or which may change
unless obs...
THE INTERVIEW OF NON-HOSTILE INFORMANTS
• It should be first noted that an interview
conducted at the security office affo...
The use of covert sound recording
should always be evaluated carefully.
65
WHAT AN INTERROGATOR SHOULD KNOW ABOUT
PSYCHOLOGY
• Human being tend to be talkative, especially after harrowing
experienc...
• Human being normally do not wish to antagonize
those who have power over them and are,
therefore, tempted to be cooperat...
• Human being tend to like being flattered and
exonerated from guilt.
• Human beings are inclined to respond to kindness
a...
INTERROGATION OF SUSPECTS
69
PREPARATION
Physical Aspect
– The ideal interrogation room should be exclusive
– Room should be well lighted
– Room should...
– Nothing in the room to distract attention in working condition
– No telephones
– Provided with sound recording devices i...
Mental Aspect
– Interrogator must be familiar with all aspects
of the investigation.
– Must never place himself on the def...
• Be able to determine what he knows. What he
must find out and what the suspect.
• Techniques he intends to use to obtain...
TYPES OF SUSPECT - According to Attitude & Personality
• Talkative type
• Pathological liar
• Disinterested type
• Imprude...
PLAN YOUR APPROACH
• Direct approach – suspect is allowed to
speak/talk freely.
• Emotional approach – discover type of
em...
• Hate and revenge – clever hints referring to a
double cross and confession of an accomplice.
• National pride – appeal o...
INTERROGATION PROPER
• Explain his rights under the Constitution or code. – What are
his rights?
• Begin with background q...
ARTICLE III, Section 11 of the
1987 Constitution
78
CONSTITUTIONAL RIGHTS OF THE ACCUSED IN
CRIMINAL CASES
Any person under investigation for the commission of an offense sha...
THE INVESTIGATION REPORT
80
PURPOSE
• Record - the report provides a permanent official
record of the investigation.
• Leads - the report provides oth...
NATURE AND QUALITIES
• The report must be objective statement of the investigation
findings.
• The report must be an offic...
PARTS OF THE REPORT
1. Administrative Data
– Date
– File Number
– Subject
– Complaint
– Reporting Investigator
– Office of...
2. Synopsis - brief in description of the actions
of the perpetrator as established in the
body of the report.
3. Details ...
4. Conclusion and Recommendation -
includes the investigator’s opinion,
conclusions and recommendations.
5.Enclosures - ph...
86
87
Investigation & report writing
Investigation & report writing
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Investigation & report writing

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Investigation & report writing

  1. 1. Gruppo Eslabon Human Resources Department Training Branch
  2. 2. Gruppo Eslabon  DAVID A. FLOR, CSP Corporate HR Director Human Resources Department  HENRY S. SALONGA, CSMS Director for Special Projects/ Training/ SeminarsTRAINING BRANCH OFFICERS/INSTRUCTORS ANTONIO D. FUNCION Jr., CSP DAVID R. MEGUINES, CSP AOM ALISON R. REALUYO AOO FERDINAND CAMILO C. KIMURA
  3. 3. Gruppo Eslabon  DAVID A. FLOR, CSP Corporate HR Director Human Resources Department  HENRY S. SALONGA, CSMS Director for Special Projects/ Training/ SeminarsHUMAN RESOURCES DEPARTMENT OFFICERS Ms. GINA AHAT Mr. FERDINAND CAMILO C. KIMURA Ms. SHERYL LOCSING Mr. JOHN H. SERNA
  4. 4. INVESTIGATION AND REPORT WRITING
  5. 5. INVESTIGATION is actually gathering the facts, finding out the truth surrounding a particular case and bringing to justice those found to be liable.
  6. 6. ESSENTIAL ELEMENTS OF INVESTIGATION: • WHO? • WHAT? • WHERE? • WHEN? • WHY? • HOW?
  7. 7. SOME INDICATORS TO DETERMINE IF A PERSON IS LYING 1.The subject under investigation or under interview may have his eyes set at the ceiling of the room, appearing to be searching for something.
  8. 8. 2. He/she may continuously delay the answers by saying “AHHH! I DON’T KNOW”, “YOU MAY ASK _____?”, GOD KNOWS THAT I DID NOT DO IT”, I SWEAR ON THE GRAVE OF MY FATHER/MOTHER THAT I DID NOT DO IT”, “_____ SAID IT TO ME DURING THE TIME I WAS IN _____ ATTENDING TO MY UNFINISHED WORK AT _____” or may invent a lot of delaying tactics. SOME INDICATORS TO DETERMINE IF A PERSON IS LYING
  9. 9. 4. His hands may move a lot, turning from right to left or vice versa. 5. He may cross his left or right leg most of the time. SOME INDICATORS TO DETERMINE IF A PERSON IS LYING
  10. 10. 6. He may also say “ASK _____ FOR MY WHEREABOTS DURING THE SAID TIME”. 7. If he is already cornered into answering questions, he may adopt the lines “I WOULD PREFER REFERRING THE MATTER TO MY LAWYER” or “I WILL ANSWER YOUR QUESTIONS IN COURT OF LAW”. SOME INDICATORS TO DETERMINE IF A PERSON IS LYING
  11. 11. 8. And a lot of delaying tactics. SOME INDICATORS TO DETERMINE IF A PERSON IS LYING
  12. 12. • During investigations, the investigator usually asks, in cases of theft, robbery, murder, homicide or the like, “DID YOU DISTURB THE EVIDENCE?” meaning “DID YOU TOUCH OR MOVE ANYTHING INSIDE THIS ROOM?”. This is important since unmoved evidence inside the room, be it a jewelry box, safety deposit box or scratches on the doorknob, will be examined by the PNP-SOCO after policemen arrive. This will aid the investigator in getting leads to solve the said crime.
  13. 13. • In statement taking, you may adopt the question and answer type for the complainant and witnesses. Or you may adopt the affidavit form or simply ask the complainant and witnesses to put their statement(s) in their own handwriting.
  14. 14. • For suspects, you must advise them of their constitutional rights under the Miranda Ruling such as “YOU ARE UNDER INVESTIGATION FOR THE CRIME OF ______. AS A SUSPECT, MAY I ADVISE YOU THAT YOU HAVE THE RIGHT TO REMAIN SILENT, ANYTHING YOU SAY MAY BE USED FOR OR AGAINST YOU IN COURT OF LAW. YOU HAVE THE RIGHT TO COUNSEL OF YOUR OWN CHOICE, IF YOU CANNOT…
  15. 15. …. AFFORD THE SERVICES OF A PRIVATE COUNSEL, THE GOVERNMENT WILL PROVIDE ONE FOR YOU. DO YOU FULLY UNDERSTAND YOUR RIGHTS UNDER THE CONSTITUTION?” Always bear in mind that you may not take the statement of a suspect during times that he does not have a private lawyer to guide him in answering questions. In report writing, you should remember to indicate the events in chronological order, meaning from start to finish.
  16. 16. MIRANDA RIGHTS • The Miranda warning (also referred to as Miranda rights) is a warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.
  17. 17. MIRANDA RIGHTS • In other words, a Miranda warning is a prophylactic criminal procedure rule that law enforcement is required to administer in order to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination.
  18. 18. BASICS OF REPORT WRITING
  19. 19. HERE IS THE BASIC EXAMPLE ON HOW TO MAKE A DETAILED INVESTIGATION REPORT I. AUTHORITY: This investigation was conducted pursuant to the instruction of Managing Director __________ at about _____ of __________ 2011.
  20. 20. II. BRIEF STATEMENT OF THE CASE • At about _____H of __________ 2011, one __________ was found to have in his possession, during body frisking and inspection of outgoing workers, ___ meters long of ______ wire. During questioning, he readily admitted participation in the said fiasco and told that he is willing to undergo any penalty that will be implemented as a result of his offense. After being referred to Project Manager __________, he was sent to the nearby Police Precinct No. ___ for proper disposition.
  21. 21. III. MATTERS INVESTIGATED • To look into the facts and circumstances surrounding the mysterious loss of ___ wire at __________ and to bring to justice those found to be liable.
  22. 22. • In his statement dated __________ 2010, a copy of which is hereto attached as Annex “A”, construction worker FRANCISCO MORALES substantially stated . . . . . . . . IV. FINDINGS • Investigation conducted by the undersigned disclosed the following:
  23. 23. • RONALDO VALDEZ, in his statement dated __________ 2010, a copy of which is hereto attached as Annex “B”, he significantly averred that . . . . . • ….. • ….. • ….. • …..
  24. 24. V. COMMENTS/RECOMMENDATIONS • It appears from the foregoing that ….. • In view of the above, it is respectfully recommended that ….. • For your information and approval.
  25. 25. • In investigation reports, never commit the mistake of giving a conclusion as it is only the Fiscal or the Judge that airs conclusions in the form of “RESOLUTIONs”.
  26. 26. Things to Ponder on: On Investigation “Doubt, indulged and cherished, is in danger of becoming denial; but if honest, and bent on thorough investigation, it may soon lead to full establishment of the truth...” - Ambrose Bierce
  27. 27. Security InvestigationsSecurity Investigations 29
  28. 28. INVESTIGATION Definition INVESTIGATION – is a planned and organized determination of facts concerning specific events, occurrences or conditions for a particular purpose. SECURITY – is the protection of property of all kinds from loss through theft, fraud, fires, threats or hazards 30
  29. 29. SECURITY INVESTIGATION – is a planned and organized determination of facts concerning specific loss or damage of assets due to threats, hazards or unsecured conditions. 31
  30. 30. In the industrial security setting, the usual activities of an investigator falls generally into the following categories: 1. An applicant background check. 2. Incident investigation of actual or suspected crimes or company rule infringement. 3. Administrative inquiries which include everything else. 32
  31. 31. In cases, CRIMINAL in nature , law enforcement matters should be turned-over upon gathering of initial information 33
  32. 32. ELEMENTS OF INVESTIGATION • Investigator • Purpose • Subject of the Investigation 34
  33. 33. TOOLS OF THE INVESTIGATION (3 I’s) Information - knowledge which the investigator gathers from other persons. 1. Acquired from regular sources 2. Acquired from cultivated sources 35
  34. 34. Interrogation The skillful questioning of witnesses as well as suspects. 36
  35. 35. Instrumentation The application of instruments and methods physical sciences to the detection of crimes. 37
  36. 36. THREE-FOLD AIM OF INVESTIGATION • To identify the offender • To locate the offender • To provide evidence 38
  37. 37. QUALITIES OF AN EFFECTIVE INVESTIGATION • Objective • Thorough • Relevant • Accurate • Current 39
  38. 38. CHARACTERISTICS OF A SUCCESSFUL INVESTIGATOR • Observant • Resourceful • Patient • People-oriented • Understanding of human behavior • Understanding of legal implications of the work 40
  39. 39. • Possessed of good communication • Self-starting • Healthfully skeptical • Intuitive • Energetic • An actor • Possessed of good judgment 41
  40. 40. Systematic Approach to Investigation A. Define the investigative problem  Know the reason for the investigation – Criminal or administrative?  Know the particular phases or elements of investigation.  Know whether the investigation is to be handled overtly or discreetly.  Know the priority.  Know the origin of the information. 42
  41. 41. B. Collection of Relevant Data Prepare a written investigative plan. This covers the following: 1. Information needed 2. Methods used in gathering information 3. Location of sources to furnish this information 43
  42. 42. Methods and Sources to be Used » Personal observation » Undercover » Surveillance » Raids and seizures » Direct visit to the scene 44
  43. 43. – Use of interrogation or interview – Use of recruited informants – Liaison with agencies who possess the information 45
  44. 44. Study of the Documents or Records • Operational files • Identity of documents • Newspapers, books, periodicals, etc. • Correspondence, letters, mails, telegrams, etc. 46
  45. 45. C. Analysis and Verification of the Information Gathered Analysis involves a study of information on the basis of the following: – Data collected should be appropriate. – Information supplied must be factual. 47
  46. 46. Verification method involves : • Personal observation of the agent • Secure reliable statements from individuals • Documents or physical evidence 48
  47. 47. D. Drawing the Conclusion. – Is the function and responsibility of the person requesting the investigation. 49
  48. 48. GUIDELINES IN AN INVESTIGATION 50
  49. 49. Preliminary Investigation P - proceed to the scene promptly and safely. R - render assistance to the victim. if any E - effect the arrest of the offender. L - locate and identify the witnesses. I - interview the complainant and the witnesses. M - maintain the crime scene and protect the evidence. 51
  50. 50. I - interrogate the suspect/offender. N - note all conditions, events and remarks. A - arrange for the collection of evidence. R - report the incident fully and accurately. Y - yield the responsibility to the follow-up investigation. 52
  51. 51. INVESTIGATION PROPER • Search of the crime scene. • Photographing of the crime scene. • Crime scene sketch. • Care of evidence. 53
  52. 52. Incident / Complaint type investigation 54
  53. 53. GENERAL FACTS • The incident type investigation is also known as a complaint type investigation. • An investigator might begin with a personal observation, more often a report of some kind is made by someone, stating the facts or conditions, actual or alleged, into which an investigation is to be conducted. • He needs to determine if there is a basis of complaint or report about some event or condition. 55
  54. 54. INVESTIGATIVE PROCESS • The investigative process begins with the acquisition of the initial information which the investigation is based or predicated. It ends when the last piece of physical, testimonial or directly observed date has been collected. • The investigative process then moves into analysis and report-writing process. 56
  55. 55. THE INVESTIGATIVE ANALYSIS • Preliminary analysis of the investigative steps to be taken will be made by someone who assigns and reviews investigation as well as by the investigator. • This analysis will result to a note or list of the investigative steps to be taken and in some instances the sequences. 57
  56. 56. The Investigator determines in advance the precise location and availability of persons or premises to be interviewed or viewed. Other preliminary observations needed should include (next slide): 58
  57. 57. • Is the prime or another informant a member of the bargaining unit (labor union) ? If so, what is the policy should the informant request representation during the investigative interview? • Have all the persons, events and locations mentioned in the complaint been checked through security investigative indexes and the results noted? 59
  58. 58. – Should any operating or executive management personnel be notified of the initiation of this investigation before further steps are taken? – Does it appear that recording or photographic equipment will be needed? If so, is it in serviceable condition? – Is the matter one in which more than one security investigator will be required? 60
  59. 59. SEQUENCE OF INVESTIGATIVE LEADS Subject to the circumstances of the situation, the following general rules can be established for priorities: • Interview first those persons not likely to remain available for later interview. • Interview next those persons with the most extensive information or the most fundamental. 61
  60. 60. • Interview next those persons with relevant but less extensive information, such as those witnesses or are familiar with a part of the subject matter. • Interview last those persons likely to be hostile. 62
  61. 61. • Observe first those events or locations which will not be later available for observation or which may change unless observed promptly. • Observe later those events or locations whose general character is irrelevant, but whose particular condition at the given time is not. 63
  62. 62. THE INTERVIEW OF NON-HOSTILE INFORMANTS • It should be first noted that an interview conducted at the security office affords better control of the environment. • Show consideration for the comfort and convenience of the interviewee. • If possible, lengthy interviews can be preserved on audio tape recordings, making their total reconstruction later. 64
  63. 63. The use of covert sound recording should always be evaluated carefully. 65
  64. 64. WHAT AN INTERROGATOR SHOULD KNOW ABOUT PSYCHOLOGY • Human being tend to be talkative, especially after harrowing experiences. • Human beings tend to be defensive when confronted by superior authority. • Human being tend to rationalize acts about which they feel guilty. • Human beings in hectic situations tend to be unable to apply or remember lessons they have been taught regarding security. 66
  65. 65. • Human being normally do not wish to antagonize those who have power over them and are, therefore, tempted to be cooperative with those in control. • Human beings tend to attach less importance to what they think is their exclusive knowledge when someone else demonstrates that he too possesses a great portion of that knowledge. 67
  66. 66. • Human being tend to like being flattered and exonerated from guilt. • Human beings are inclined to respond to kindness and understanding, especially in dire conditions. • Human being resent having something they respect belittled, especially by someone they dislike. 68
  67. 67. INTERROGATION OF SUSPECTS 69
  68. 68. PREPARATION Physical Aspect – The ideal interrogation room should be exclusive – Room should be well lighted – Room should be furnished chairs, rugs and shades made of plain materials – Walls and ceiling painted a neutral shade 70
  69. 69. – Nothing in the room to distract attention in working condition – No telephones – Provided with sound recording devices in working condition – No interruption during interrogation 71
  70. 70. Mental Aspect – Interrogator must be familiar with all aspects of the investigation. – Must never place himself on the defensive for lack of knowledge of the case. – Take advantage of slips made by suspects. – Check all appropriate files or records. 72
  71. 71. • Be able to determine what he knows. What he must find out and what the suspect. • Techniques he intends to use to obtain the desired information. 73
  72. 72. TYPES OF SUSPECT - According to Attitude & Personality • Talkative type • Pathological liar • Disinterested type • Imprudent type • Explainer • Shy and reticent • Know-nothing type • Fearful type 74
  73. 73. PLAN YOUR APPROACH • Direct approach – suspect is allowed to speak/talk freely. • Emotional approach – discover type of emotion to use to obtain an admission. • Trickery – one suspect is played against the other. • The location trick – mentions a false episode. 75
  74. 74. • Hate and revenge – clever hints referring to a double cross and confession of an accomplice. • National pride – appeal on nationalism or love of country. • Kindness and sympathy – let suspect understand that you are fair and will see that justice is accorded. • Mutt and Jeff – use of two interrogators, one who is hostile and another sympathetic. 76
  75. 75. INTERROGATION PROPER • Explain his rights under the Constitution or code. – What are his rights? • Begin with background questions. • Study subject’s reactions for determination of the technique to be used, the emotions to be played upon. • Pick up new leads. 77
  76. 76. ARTICLE III, Section 11 of the 1987 Constitution 78
  77. 77. CONSTITUTIONAL RIGHTS OF THE ACCUSED IN CRIMINAL CASES Any person under investigation for the commission of an offense shall have the right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of a counsel, he must be provided one. 1. The right against the use of torture, force, violence, threat, intimidation or any other means which vitiates his free will. 2. The right to bail , if applicable and against excessive bail. These rights cannot be waived except in writing and in the presence of counsel. 79
  78. 78. THE INVESTIGATION REPORT 80
  79. 79. PURPOSE • Record - the report provides a permanent official record of the investigation. • Leads - the report provides other investigators with information necessary to further advance the investigation. • Prosecutive Action - the report is a statement of facts on which designated authorities may base a criminal, corrective or disciplinary action. 81
  80. 80. NATURE AND QUALITIES • The report must be objective statement of the investigation findings. • The report must be an official record of the information relevant to the investigation which the investigator submits to his superior. • The report must be clear, brief, accurate, impartial but complete. 82
  81. 81. PARTS OF THE REPORT 1. Administrative Data – Date – File Number – Subject – Complaint – Reporting Investigator – Office of Origin – Status – Distribution 83
  82. 82. 2. Synopsis - brief in description of the actions of the perpetrator as established in the body of the report. 3. Details of the report - objective of the investigation. 84
  83. 83. 4. Conclusion and Recommendation - includes the investigator’s opinion, conclusions and recommendations. 5.Enclosures - photographs, sketches, sworn statement, etc. 85
  84. 84. 86
  85. 85. 87

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