Criminal Investigation Techniques

Posted on May 14, 2024 in Law & Jurisprudence

Steps to Make a Criminal Investigation (CI)

  1. Observe a particular event.
  2. Formulate the problem.
  3. Formulate a hypothesis.
  4. Verify the hypothesis with data (testing).
  5. Analyze the data.
  6. Formulate a resolution (opinion).

Tools and Techniques

Checklist

An instrument that allows verification of the presence or absence of a particular point.

List Frequency

A tool that allows us to determine each time a conduct or behavior occurs.

Poll

A technique that seeks to obtain information from a sample of subjects about themselves on a particular topic.

Interview

A questioning about a particular issue raised, characterized by the depth of the questions and answers.

IC Comprises

Methodological

  1. A process to reach the desired conclusions.
  2. Phases structured in a logical manner.

Legal

  1. A procedure for the reproduction of the facts.

IC Features

  1. Continuity: Activities that are related to issues that have affected the crime on an ongoing basis.
  2. Organization: Logical-methodological order to reach the goals proposed by the researcher.
  3. Specification: The responsibility of one person professionally qualified in the field of forensics.
  4. Precision: Characterized by analytical or systematic methodical approaches.
  5. Step-by-step: Based on steps and techniques.
  6. Legal: Framed in rules (332 CRBV art.).

Objectives of the IC

  1. Investigate the facts stated in the complaint, complaints, or requests for authority.
  2. Determine if the committed conduct constitutes a violation of rules and preserve evidence.
  3. Collect evidence.
  4. Identify those responsible for criminal conduct.
  5. Provide evidence during all stages of the process.

Steps in CI

  1. Observation: The process of legal object perception.
  2. Review: Raise steps before a criminal trial.
  3. Perception: The organization and analysis of stimuli that arrive through our senses.
  4. Description: To expect these comments.
  5. Explanation: Establish relationships between features or salient features of an object or event.
  6. Probability Situation: The ability to anticipate the occurrence of an event or the manner of its manifestation.

Stages of IC

  1. The knowledge of the fact.
  2. The finding of fact or the coach whose role is to check the site where the events have occurred.
    1. Suspicion.
    2. Curiosity.

Researcher Profile

  1. Perception.
  2. Memory.
  3. Patience and perseverance.
  4. Spatial awareness.
  5. Interest.
  6. Dynamism.
  7. Ethics.

HF Methods

Induction

A mode of reason that draws a general conclusion from particular facts.

Deduction

The passing of general information to a particular conclusion (Aristotle’s method).

Analysis

A whole is disintegrated into its parts, and each element and the relationships between elements are studied intensively.

Abstraction

The creation of a concept in human thought that captures the completeness of the event or phenomenon and distills its most essential features, revealing the most important aspects of the phenomenon under study.

Importance of Evidence in Criminal Law

Principle of Evidence

Principle of Competition

The court has the delegations of the parties, and it is the same to be aware of the tests under the same concentration.

Principle of Order of Probability

The public does all acts of the process.

Principle of Contradiction

The evidence yielded must be known to the other party so that they can form an argument and contradict it.

Principle of Equality of Evidence

The parties must have equal opportunity to promote a process and contradict evidence.

Principle of Congruence

There should and must be a relationship between what is alleged, what is proven, and the decision the judge makes.

Principle of Discharge Test

The party that states a fact must be proved.

Principle of Loyalty

The parties shall be using evidence to alter the reality of the fact.

Principle of Preclusion

Presentation of evidence in a designated time.

Principle of Control Test

The right to access the community test.

Principle of Community of the Test

After delivery of such tests, they perish in the process at the time of presentation, and as a sentence, the judge must be part without benefiting the parties.

Principle of Suitability

There must be half probation and test its purpose as allowed by law.

Fundamental Principles of COPP Probation

Carga Test

The defendant leads the test.

Libertad Test

It is characteristic of the adversarial system, like ours, that the process is any evidence admissible.

Legalidad Test

  1. The evidence has been obtained in compliance with the normality established by the CUP.
  2. When the test has been obtained by deception by innate effects, drugs, or substances.

Community of the Test

Once displayed, the evidence is already part of the process.

Valoración Test

Means that the court assesses the evidence based on their knowledge and understanding.

Dicotomía Test

The test must have a dual function: solve problems in the preparatory phase and intermediate, and prove the innocence of the charge to the committee assigned to the unlawful act.

Requirements of Proof

  1. Must be tendered.
  2. Must be legal proof.
  3. Must be free: it takes into account rules of logic, ultimate experience, and scientific principles.

Types of Evidence

By its Source

  1. Material.
  2. Personal.

With its Relationship to the Court

  1. Direct.
  2. Indirect.

Admitted by Law

  1. Legal.
  2. Free.

With Relation to the Persecution of the Judge

  1. Mediation.
  2. Unmediated.

Según Form

  1. Written test.
  2. Oral prava.

Media Admitted as Evidence

Testimony (Indirect Proof)

A means test that tries to check a fact or facts determined by events that made people call witnesses. It is very different from the victim and the accused, which give a version on the occurrence of the event before an official authorized to receive testimony.

Expert Tests (Direct Evidence)

Evidence in which a person skilled in the art issues a report or an opinion about a situation related to the fact. Its presentation depends on a meeting, oral or written, and then presents this opinion in an oral and public trial.

Documented Proof

An environment where material is collected, plasma or expressions of will, images, which is a record of any situation.

Judicial Inspection

A thorough and executive study of the scene, taking into account any element to give an overview of the characteristics of the place and location of the victim.

Inspection of People

A means by which investigating bodies are empowered to inspect people whenever there is reason to assume that in their own clothing, items listed in the investigation can be physical or mental and must be conducted by an expert.

Revision as to the People

A process in which a person called a recognizer will initially carry data or characteristics that remind people to be recognized. After that, this person will be placed between several people with similar characteristics to the person they wish to recognize.

Revision of Things

Uses the same procedure as the revision of people, but this one goes to the bottom of things with a direct test.

Reconstruction of Educational Facts and Experiments

Reconstructing Facts

The reproduction of the acts committed by the perpetrators of the offense under the same circumstances in which the fact was made.

Instructional Experiment

consists of measures to verify a hypothesis that has to do with the occurrence of events Photography Audio and video recordings 1.You considered the statement of the accused as far 2.la test reveals the condition of the defendant state’s evidence in criminal proceedings