FUNDAMENTALS OF INVESTIGATION & INTELLIGENCE
Prepared By: Jasper Ian A. Lagasca, RCrim.
MODULE 3
THE ANATOMY OF CRIME AND METHODS OF IDENTIFYING SUSPECTS
THE ANATOMY OF CRIME
- For any crime to happen, there are three elements or ingredients that must be present at the same
time and in the same place. These are Motive, Instrumentality and Opportunity.
1. Motive
- Refers to the reasons or causes why a person or group of persons perpetrate a crime. Examples
are dispute, economic gain, jealousy, revenge, insanity, thrill, intoxication, drug addiction and
many others.
2. Instrumentality
- It means or implement used in the commission of the crime. It could be a firearm, a bolo, a fan
knife, an ice pick, poison or obnoxious substance, a crow bar, motor vehicle, etc. Both the motive
and instrumentality belong to and are harboured and wielded respectively by the criminal.
3. Opportunity
- Consists of the acts of omission and/or commission by a person (the victim) which enables to
perpetrate the crime. Illustrative examples include leaving one’s home or car unattended for a
long time, walking all alone in a well-known crime prone alley, wearing expensive jewelry in a
slum area, readily admitting a stranger into one’s residence and the like. Opportunity is
synonymous with carelessness, acts of indiscretion and lack of crime prevention-consciousness
on the part of the victim.
FOUR REASONS WHY CRIME SHOULD BE INVESTIGATED
1. Future Deterrence of Offenders
- The identification and punishment of criminal offender will hopefully deter him from other
misconduct in the future.
2. Deterrence to others
- Identification and punishment of an offender may likewise deter others from engaging in similar
undesirable activities.
3. Community Safety
- The investigative process also promote public safety by identifying and bringing to court persons
who pose a serious threat to the safety of the community due to violent or otherwise strong anti-
social behaviour.
1. Protection of the Innocent
- Finally, accurate investigations help to ensure that only criminal is punished, and the innocent
parties will not be subjected to prosecution.
NOTE: “It is better to scot free a criminal than to convict an innocent one”.
METHODS OF IDENTIFYING SUSPECTS
FUNDAMENTALS OF INVESTIGATION & INTELLIGENCE
Prepared By: Jasper Ian A. Lagasca, RCrim.
1. Confession
- As defined in Section 29, Rule 140, Rules of Court, is: “the declaration of an accused expressly
acknowledging his guilt of the charged, may be given in evidence against him.”
- It is the direct acknowledgement by the accused in a criminal case which does not directly
involved the acknowledgement of guilt in the commission of crimes for which he is charged.
A. Types of Confession:
a) Voluntary Confession
- For purposes of confession, means that the accused speaks of his free will
and accord, without inducement of any kind, and with a full and complete
knowledge of the nature and consequences of the confession, and when the
speaking is so free form influences affecting the will of the accused, at the
time the confession was made, that it renders it admissible in evidence
against him (Wharton’s Criminal Evidence, Sec. 631[a], as cited in page
222, Evidence, by RJ.Francisco)
b) Involuntary Confession
- Those confessions obtained through, force, threat, intimidation, duress or
anything that influences the act of the confessor. (Justice RJ Francisco Jr.)
2. Admission
- An admission is a voluntary acknowledgement in express terms or by implication, by a party in
interest or by another whose statement he is legally bound, against his interest, of the existence or
truth of fact in dispute material to the issue.
- Admission may either be expressed or implied. Admission may also be classified as judicial
admission and extra judicial admission.
- Expressed admission is one made in expressed terms in definite, certain and equivocal language.
Implied admissions are those who may be inferred from the acts, declaration or omission of a
party.
- Judicial Confession – are admissions made in a judicial proceeding. Thus, Sec 4, Rule 129, of the
Revised Rules of Court, expressly provides: - “ An admission, verbal or written made by a party
in the course of the proceedings in the same case does not require proof”
- Admission as defined by other books, The statement of facts by the accused in a criminal case
which do not directly involved the acknowledgement of guilt in the commission of crimes for
which he is charged.
3. Eyewitness Testimony
- The ideal identification is made by an objective person who is familiar who is familiar with the
appearance of the accused and who personally witness the commission of the crime.
A. Types of Criminals Identified by Witness
a) Known Criminals
- These are criminals whose pictures are available from police files and
records.
b) Unknown Criminals
FUNDAMENTALS OF INVESTIGATION & INTELLIGENCE
Prepared By: Jasper Ian A. Lagasca, RCrim.
- These are criminals whose identification are furnished by eyewitnesses only.
A. Methods of Identification by Witness
a) Verbal Description
- This will depend on the description of the suspect given by the witness. The
latter described the facial features of the former.
b) Photographic Files (Rogue’s Gallery)
- The investigator will show to the witness photographs of criminals available
in the police station.
c) Artist Assistance
- It is popularly known as Cartographic Sketching wherein the investigator /
trained sketcher will draw a face based on the description to be given by the
victim, complainant or witness.
a) Police Line-up
- There will be a group of five to ten persons, one of those is the suspect whom
the witness will pinpoint and tell to the investigator who committed the
offense.
C. Factors that Affect the Accuracy of Identification by Eyewitnesses
a) Retention
- It is the ability of the witness to positively identify and remember how the
criminal looks like, Its distinct physical fatures particularly his face and body
are very significant.
b) Visibility
- It refers to the prevailing visibility during the time of the commission of an
offense in the crime scene.
c) Time
- It deals with the lapse of time between the violations and the identification
was made.
3.Circumstantial Evidence
- This is the identification established indirectly by proving other facts or circumstances from
which alone or in connection with other facts, the identity of the suspect can be inferred.
A. Sources of Circumstantial Evidences
a) Motive
- Can be defined as some inner drive, impulse, intention, etc., that causes a
person to do something or ac in a certain way. It may be inferred from
circumstances and from the statement of witnesses that the suspect could
have been motivated by a desire for revenge or personal gain, or jealousy.
b) Opportunity
- It is a circumstance which made it possible physically for the suspect to
commit the crime.
FUNDAMENTALS OF INVESTIGATION & INTELLIGENCE
Prepared By: Jasper Ian A. Lagasca, RCrim.
- Being in a position to commit the offense. He must have the access to the
scene of the crime, or have been in the vicinity and have the means available
to commit the crime.
c) Intent
- It is the accomplishment of the act and where it is an element in the
commission of an offense, it must always be proved. To show the identity of
the criminal, Intent must be established that the criminal is aware of the
consequences of his acts.
4.Associative Evidence
- The physical evidence found at the scene of the crime during the course of the investigation
which could link the identity of the criminal by means of clue materials, personal property, or
the characteristics pattern of procedure deduced from the arrangement of objects at the crime
scene.
5.Tracing Evidence
- These are physical evidence which may assist the investigating officer in locating the suspect.
Examples: shipping or airlines tickets, parking fee ticket, pawnshop, receipt, shopping mall
receipt, restaurant food receipt, etc.
6.Modus Operandi (Modes of Operation)
- It refers to the unique way of criminal in committing a crime. It is also defined as a
recognizable pattern which helps the investigator in the solution of an offense.
A. Classifications of Modus Operandi
a) As to the description of the criminal
b) As to the manner of the crime committed
c) As to the motive
d) As to the nature of the crime committed
e) As to the time of the commission
f) As to the observation of the crime scene
g) As to the human peculiarities
h) As to the natural peculiarities
7. Corpus Delicti Evidence
- These are objects or substances which may be parts of the body of crime, the body of the
victim, body of suspect/subject, guns, knife, slug, recovered from the cadaver during autopsy,
body fluid, blood, fingersprints, footprints, etc.
