CDI-3 INTERROGATION

SIMULATION
PCPT DINO JANOG MAGNO,RCRIM
WHAT ARE LIFE GOALS?

- Life goals are what we want to achieve, and they’re much more
meaningful than ‘what we need to accomplish to survive’.
- Unlike daily routines or short-term objectives, they drive our
behaviors over the long run.
4) Rights of the Accused During Custodial Investigation
a. Right to remain silent.
b. Right to counsel of his own choice and if he has none, the government
must provide one for him.
c. Right to be informed of the nature of the charges against him and
whatever he says may be used for or against him.

These rights could be validly waived in writing and with the assistance of
Counsel so that the ensuing confession could be admissible in evidence.
The confession must also be in writing, signed, and sworn to by the
accused.

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6)THE TECHNIQUES OF INTERROGATI
ON:

• a) Emotional Appeal
• – this is a technique where the investigator, combining his
skills in of an actor and a psychologist, addresses the suspect
with an emotional appeal to confess. This is applicable
to first time offenders or those who
are of the emotional type of characteristics displayed by nerv
ousness or emotional disturbances. Devotees of areligious
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may belong to this type

b)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. An
offer of help, kindness, and friendliness, may win his cooperation.
c)Friendliness
– a friendly approach coupled with the posture of sincerity may induce the
suspect to confess.

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d)Tricks and Bluffs:
(1) 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. If he confesses, the
investigator will see to it that his prison term will be within the range of
probation.
(2) The Weakest Link – among the suspects, there must be a careful
selection as to who among them is the weakest link where the
interrogation will begin. By tricks and bluffs, this weakest link will be told
that his companions have already confessed. That this weakest link had
dealt the fatal blow or that he received the lion’s share of the loot in
order to intrigued him.
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3) Drama
– the weakest link 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 was going on. The other
suspect in separate rooms must hear the DRAMA before telling them that their partner had
confessed.
(4) 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. The suspect’s family will be
dragged into the investigation if the suspect does not confess.
(5) More Tricks and Bluffs
– depending upon the imagination of the investigator in each particular situation.
(6) The Line-up
– the complainant, witness or victim is requested to point positively to the
suspect who is among persons in the police line-up. The witnesses, victims ,
or complainants are previously coached about the identity of the suspect.
(7) Reverse Line-up
– the suspect is placed among other persons in a lineup and he is identified by several
complainants and witnesses who will associate the suspect with other several crimes. This
will cause the suspect to become desperate and confess only to the case under
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investigation, to avoid being charged on false accusations.
E. Stern Approach
– the investigator displays a stern personality towards the suspect by using the
following method:
(1) Pretense of Physical Evidence
2)
– itJolting
is the pretense of laboratory or scientific findings pointing to the suspect.
– in the questioning process, the investigator selects the right moment to shout pertinent
questions in an apparent righteous outrage. The suspect’s nerves will break to a confession.
(3) Indifference
– the presence of the suspect, the investigator will discuss and debate the strong evidence
of the case that will result in the conviction of maximum penalty. Their aim is to induce the
suspect to confess by conditioning his mind that he is finally cornered with no other
recourse but to confess.
(4) Feigning Protection and Consideration
– the investigator asks a series of questions appearing to be formalities with the impression
that he knows the answers. These
questions are asked as matters of consideration of the rights, protection, and advantage of
the suspect.
(5) Opportunity to Lie
- the suspect is given allPresentation title
the opportunities to lie. The suspect is questioned about his15
personal life and family and friends and his knowledge about the commission of the crime.
This is repeated many times.
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 intervened by
stopping the first set of investigators. By being sympathetic and understanding,
he begins his interrogation. If the suspect still refuses to cooperate, then the
process is repeated until there is a confession.
g) Removing the Ethnic or Cultural Barrier
– If the suspect is an Ilocano, he should be interrogated by an Ilocano
investigator, and the same with other ethnic or cultural groups.
h) Searching for the Soft Spot
– in every man’s heart, there is always that soft spot. That spot may be the
youngest child, the wife, the mother, the brother who acted as his father, the
grandparents, or the best friend. Once discovered, there must be a face-to-face
meeting with that person andtitle
Presentation that heart of steel will melt to pieces. 16
7) Additional Modern Techniques:
(a) Rationalization – it is the use of reasons, which is acceptable to the subject
that led to the commission of the crime.(b) Projection – it is the process of putting
the blame on the other person, not alone to the suspect. (c) Minimization – it is the
act of minimizing the culpability of the suspect. The investigator convinces the
suspect that a confession will reduce the offense and the penalty.
8) Physical Signs of Deceptions:
(a) Sweating
(b) Color Change
(c) Dry Mouth
(d)Breathing
(e) Pulse
(f) Avoidance of Direct Eye Contact.
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INTERROGATION
defined - is the skillful questioning of a hostile person suspecting of having
committed an offense or of a person who is reluctant to make a full disclosure of
information in his possession that is pertinent to the investigation.

CUSTODIAL INTERROGATION
– it denotes the investigation conducted by the investigator on the suspect who is
under his custody.

GOLDEN RULE OF INTERROGATION

“Make him admit something, no matter how small or trivial. Usually, the first
admission will lead to another. Securing the first admission is the biggest stumbling
block in dealing with tough aspects.”
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Purposes of Interrogation:
a. On the part of the suspect, it is to extract a confession or admission.
b. On the part of the uncooperative or unwilling witness, it is to extract the
information he possesses.
2)Confession Distinguished from Admission
a. Confession :
defined – it is the direct acknowledgment of guilt arising from the commission of a
crime.- Also defined as an acknowledgment by a suspect that he/she has committed
a crime. It includes an acknowledgment of the commission of all the elements of the
crime and the person’s involvement in the commission.
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3) Kinds of Confessions
a. Extra-Judicial Confession
– those made by the suspect during the custodial investigation.
b. Judicial Confession
– those made by the accused in an open Court. The plea of guilt during
arraignment or any stage of the proceedings where the accused changes his plea
from not guilty to guilty.
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 intervened by
stopping the first set of investigators. By being sympathetic and understanding,
he begins his interrogation. If the suspect still refuses to cooperate, then the
process is repeated until there is a confession.
g) Removing the Ethnic or Cultural Barrier
– If the suspect is an Ilocano, he should be interrogated by an Ilocano
investigator, and the same with other ethnic or cultural groups.
h) Searching for the Soft Spot
– in every man’s heart, there is always that soft spot. That spot may be the
youngest child, the wife, the mother, the brother who acted as his father, the
grandparents, or the best friend. Once discovered, there must be a face-to-face
meeting with that person andtitle
Presentation that heart of steel will melt to pieces. 21
DON’T LEARN BY STARRING AT
THE MIRROR…