Vous êtes sur la page 1sur 13

CHAPTER SIX

INTRODUCTION TO CRIMINALISTICS AND CRIMINAL INVESTIGATION

Chapter Objectives

At the end of this chapter, the student should be able to:

Define criminalistics or forensic science;


Identify the criminalistic divisions or areas;
Know the significance of these forensic areas in criminal investigation;
Learn the whats, whys, and hows of criminal investigation;
Appreciate the tools in criminal investigation;
Memorize the golden rule of criminal investigation

This chapter talks about the fundamental concepts of what is known today as
Criminalistics or forensic sciences the application of criminalistic
sciences in the field of law enforcement, a subfield in criminology that deals
with the study of criminal things those that are left behind by the
criminal perpetrator in the scene of the crime which have significance in
criminal investigation. It also includes discussing the basic concepts and
principles of criminal investigation.

CRIMINALISTICS AND CRIMINOLOGY

Criminalistics is the study of physical evidence through a laboratory


work, and criminology is the causes of crimes and/ or criminal people. A
person commits a crime either by means of things, or he leaves something in
the crime scene, which are the subjects of physical evidences such a blood or
bloodstains, firearms and deadly weapons, fingerprints and footprints, tool
marks and many more Tradio, .

Division of Criminalistics

There are two main divisions of criminalistics. One is scientific and the
other is technological. The following are:

1. Scientific Divisions:
a. Chemistry
b. Physics, and
c. Biology

2. Technological Divisions:

a. Fingerprinting (Forensic Dactyloscopy)


b. Forensic Photography
c. Questioned Document Examination
d. Polygraphy (Lie Detection)
e. Forensic Medicine, and
f. Forensic Ballistics

The discussion is of course focused on the technological divisions of


criminalistics. The rationale behind this is that the scientific subjects
require the study of science and mathematics before practical training
in the laboratory, while the technological subjects are usually learned
directly by practical training in the laboratory under the supervision of
an experienced examiner (Tradio, 1997)

FINGERPRINTING (Personal Identification)

Fingerprinting is one of the universally accepted means of personal


identification through he study of fingerprints.

The following are related terms:

Fingerprint it is the production of a pattern or design formed by the ridges


on the inside of the joint of a finger.

Dactylography - The practical application of dactylography- making of


identifications by fingerprints comparisons and the classification of fingerprints.

Dactyloscopy The practical application of dactylography making of


identifications by fingerprints comparisons and the classification of fingerprints.

The Value of Fingerprinting in Police Works

It has been said, that fingerprinting is the cornerstone of criminal


investigation and identification. The system is based on the undisputed fact after
many studies and researches that, NO TWO PERSONS HAVE EXACTLY THE
SAME FINGERPRINTS IN THEIR INDIVIDUAL CHARACTERISTICS. Fingerprints
are positive proof, where in law enforcement and public safety agencies look upon
this science as their evidence of positive identification.

Francis Galton one said: Let no one despise the ridges on account of their
smallness, for they are in some respect, the most important of all Anthropological
Data

Fingerprint Ridges are definite contours and appear in several general pattern
types, each with general specific variations of the pattern, dependent on the shape
and relationship of the ridges. These ridge patterns are present and classifiable from
birth until decomposition sets in following death.
In this regard, and for purpose of identification, fingerprints are based upon
the distinctive ridge patterns, which appear, on the bulb on the inside of the end
joints of the fingers and thumbs.

Fingerprint is one of the most infallible or reliable means of personal


identification in view of the following reasons.

The characteristics of fingerprints that are formed by collections of curved,


straight, long short and other various friction ridges over change naturally
throughout body ages.
Fingerprints are unique throughout the world and permanent throughout life.
Police agencies throughout the world accept, adopt and utilize the fingerprint
system as a means of absolute identification.
No two individual persons have exactly the same fingerprint patterns in their
individual characteristics.
The court and other authorities since time immemorial recognized its
importance and reliability as a means of identification.
By applying these features, fingerprints are indeed valuable in following:
1. Criminal Investigation
2. Proving a suspects identity and criminal record
3. Proving an unidentified dead person identity
4. Finding a wanted and missing person

Fingerprint Patterns

There are eight types of fingerprint patterns. These patterns are used
basically in the study and analysis of fingerprint characteristics.

Ulnar Loop- is a type of fingerprint pattern which possesses a delta, and one
or more of the ridges within the pattern area formed a sufficient re-curve , part of
which crosses or touches a straight line when drawn between the delta and core, then follow out
or terminate to the same side of its point of origin. The slope or downward flow of the innermost
sufficient re-curve is towards the little finger or ulna bone of the hand of origin.

Radial Loop- is a type of fingerprint pattern which possesses a delta, core, and one or
more of the ridges within the pattern area formed a sufficient re-curve, part of which crosses or
touches a straight line when drawn between the delta and core, then follow out or terminate to
the same side of its point of origin. The slope or downward flow of the innermost sufficient re-
curve is towards the thumb or the radius bone of the hand of origin.

Plain Arch- this is a pattern in which the ridges enter on one side of the pattern then
flow toward the other side, with a rise at the center, and without a delta, core or re-curving ridge.

Tented Arch this type of pattern where majority of the ridges forms as arch
and one or more ridges at the center shape a tent in outline giving an angle of 90
degrees or less, or one with an upward thrust having an angle of 45 degrees or
more, or 2 pattern similar to a loop but lacking one or two of its essential elements.
Plain Whorl- this is a pattern consisting of two deltas and in which at least
one ridge makes a turn through one complete circuit. An imaginary line drawn
between the two deltas must touch or cross at least one of the re-curving ridges
within the pattern area. The pattern could be a spiral, oval, circular, or any variant
of a circle.

Central Pocket Loop Whorl- this is a pattern possesses two deltas with one
or more ridges forming a complete circuit which maybe oval, spiral, circular or any
variant circle. Pattern consisting of two deltas, with one or more re-curving ridges
with an obstruction at right angles to the inner or cross no re-curving ridge within
the inner pattern area.

Double Loop Whorl- a type of fingerprint pattern which is a combination of


two or more different types with the exception of the plain arch, or a pattern which
has some of the basic element of two or more types or a pattern which does not
conform to the other seven other types.

Accidental Whorl- a type of fingerprint pattern which is a combination of


two or more different types with the exception of the plain arch, or a pattern which
has some of the basic element of two or more types or a pattern which does not
conform to the other seven other types.

Characteristics of Fingerprint

1. The only infallible system of identification throughout the world today.


2. It is the most convincing proof to mans individuality
3. It enables to unmask the real identity of the law breaker

Doctrines in Fingerprinting

1. Infallible will not fail, never make a mistake


2. Perennial conclusive and permanent
3. Immutable Unchangeable

FORENSIC PHOTOGRAPHY

Police Photography is most obviously useful in police work when photographs


serves as evidence that can and often does prove facts. It is invaluable to
investigators, attorneys, judges, witnesses, juries, and defendants.

It is vital investigative lead that has helped in the reconstruction of crime and
the identity of suspects as well as victims. It reveals what cannot ordinarily be seen
by the naked eye with the use of certain equipment such as ultra violet lamps and
infrared film

In the Philippines, photography is the most popular to use for identification of


common criminals and offenders in prepared album called the mug file.
Significance of Photography in Police Work

It is a factual and accurate record of the crime because it captures time,


space, and place in a single series of shots. It allows the investigators to understand
the elements of the certain crime, clarifying and revealing what is not readily seen
and understood upon the discovery of a crime.

Uses of Photography in Police Work

Identification Files- Photography is used to identify criminals, missing


persons, lost property, licenses, anonymous letters, bad checks, laundry marks, and
civilian personal fingerprint. In the case of atomic attack or a catastrophe such as
an airplane crash, the fingerprints from a civilian file are providing helpful in making
positive identification.

Communications and Microfilm Files- Photography is also useful as


investigative report files, accidents files, and transitions of photos as supplements
to reports. With modern day electro photography machines accident reports can be
made in seconds.

Evidence - Crime scenes, traffic accidents, homicides and suicides, fires,


objects of evidence, latent fingerprints traces, etc can be presented in courts as
evidences by means of large photographic images or pictures, motion pictures and
the like.

Offender Detection Photographic instruments can be used to detect


offenders through surveillance and other similar activities. One of the newest
applications of police photography is to record on motion picture film arrest in which
the suspect offers resistance. The practice has been instituted by at least one
metropolitan law enforcement agency to counter charges of police brutality.

Court Exhibits- Demonstrations enlargements, individual photos, rejection


slides, motion, and pictures are accepted as court exhibits.

Reproduction of copying- Questionable checks and document, evidential


papers, photographs, official records and notices can be photographed to show
alterations and/or changes useful in questioned document examinations.

Personnel Training Photographs and films relating police tactics,


investigation techniques, mob control, and catastrophe situations are useful in
police training.

Crime and Fire Prevention- Hazard, lecture, security clearance,


detector devices, photos, of hazardous fire, conditions when the prevention
inspection are made.
Public Relations- Films pertaining to safety programs, juvenile delinquency,
traffic education, public cooperation and civil defense.

Four Primary Ways of Using Photography in Police Work

1. As means of identification.
2. As a method of discovering, recording and preserving evidence.
3. As a way to present in the courtroom, an impression, of the pertinent
elements of a crime.
4. As a training and public relations medium for police programs.

Police Photography in the following:

In Accident Investigation

Tire Impressions In most vehicular accidents, photographs of the


tire impression will suffice and casting will no longer be required. Any skin marks
should be photographed on to show the direction the vehicle was travelling; and
sides on to show their length.
The photographs will not only show the speed of the vehicle but will
also show when the driver applied brakes as he perceived danger.

Hit and Run- In vehicular versus pedestrian case, a photograph of


the trail of the pedestrian case, a photograph of the trail of the pedestrians on the
blood on the tread marks will not only establish the direction the hit in run vehicle is
traveling but also makes the trend pattern more conspicuous and identifiable.

On Crimes Against Persons

Homicide The should be not be moved nor touched as little as


possible. If the body is in such a position that enables you to circle around it,
photographed from head to feet first, then finally, from the left side of the victim.

Suicide- Suicide is very difficult to ascertain thus the case is initially


marked as suspicious death. It is classified as suicide if evidence lead toward self
inflicted death. If the suicide is by shooting, photograph the entrance and exit of the
wounds.

The diameter of the entrance wound is greater than the diameter of


the bullet. Hairs and skin surrounding the entrance wound are burned to a reddish
brown color as result of the blasting and flaming of the power. If the alleged suicide
is by hanging; the victim should be photographed from a distance showing the full
body. Close up should show the knot, bruises and discoloration of the body. A blue or
purple color is noticeable around his lips, fingernail and toenails. If it is alleged
poisoning, photography of the body is similar to that of homicide.
Take photographs and samples of remaining chemicals if any and the
container of the poison. In suicide by stabbing, the photo investigator takes note of
and takes a close up shot of the wound and weapon position.

Assault- In assault cases, the victim is alive and usually willing to


cooperate with the investigators. In cases, however where the victim does not know
his assailant, the police files of common criminal or the mug files can help the
victim identify his assailant.

Rape- Photography of the victim needs written consent. Photograph


all injuries sustained by the victim clothing. Photograph clothes and trace evidence
such are fibers, foreign hairs, seminal stains, using macro lens, then submit top the
criminalistics laboratory photomicrography and chemical analysis.

On Crime against Property

Photographing the entrance and exit ways, begin with a distant shot
followed by close up shots to show forcible entry. Photograph should be taken of all
tool mark with respect to the room or area where found.

Fires and Arson- Photography should begin even before the arrival
of the fire trucks. The record of the fire begins much as possible from the onset of
the fire. A particular problem of the photographer will be fogging of the lenses. At
best, he should take photos at a distance and use a telephoto lens.

QUESTIONED DOCUMENT

Questioned Document (Q. D)

Q. D. Is one in which facts appearing are not true, and are contested
either in whole or in part with respect to its authenticity identify or origin. It may be
added, contract, will election ballots, marriage contact, Check, visas, application
from, check write, certificates etc.

A document is every deed or instrument executed by person by, which


some disposition or agreement is proved, evidence or set forth.

Kinds of Document

Public Document- any instrument notarized by the public or a


competent public or a competent public official with solemnities required by the law.
Example includes: Civil Service Examination papers and National Police
Commission, Official Receipt required by the Government to be issued receipt of
money for public purposes.

Any instrument issued by the government or its


officers having the authority to do so and the officers, which is in accordance with
their creation, they are authorized to issue. Example includes Supreme Court and by
in which is inscribed the name of each attorney to the practice of the law. Document
required by the NBI or any bureau to be filled up by the officers for the purpose of
its record and information are also official documents.

Private Document Every deed or instrument executed by a private


person without the investigation of a notary or any person legally authorized, by
which documents or some disposition or agreement is proved, evidenced is set
forth.

Example: Document of private properties such as lots, houses and other


private establishments.

Commercial Documents any instrument executed with accordance


with the Code of Commerce, Containing disposition of Commercial rights or
Obligations. Examples of these documents include Bill of Exchange, Letters of
Credit, Checks, Draft, etc.

Classes of Questioned Documents

1. Documents with questioned signatures


2. Questioned documents alleged to have been containing fraudulent
alterations.
3. Questions or Disputed Holographic Wills.
4. Questioned documents on issues of their age or date.
5. Question documents on issues of materials used in their production.
6. Documents investigated on the question of typewriting.
7. With a view of ascertaining their source.
8. With a view of determining their data.
9. With a view of determining whether or not they contain fraudulent
alterations or substituted.
10.Documents or writings investigated because it is alleged that they
identify some persons through handwriting such as unanimous and
disputed letters, and superscriptions registrations and miscellaneous
writings.

Importance of Q.D in Police Work

1. Cases are won not so much so in room but in the attorneys office at the
time of presenting and discussing the result preliminary examination.
2. The problem presented to the expert may arise from the slight suspicion
or misleading circumstances. It happens frequently that the experts find
the document invalid and genuine.
3. The danger of time element can jeopardize a case; hence, it is always
advisable to consult an expert for preliminary examinations.
4. Preliminary assistance may ensure the support of key facts and his
reasons can be bought out by the attorney in cross- examination may be
foundation of settlements.
POLYGRAPHY (Lie Detection)

Polygraphy is the scientific method of detecting deception with the


use of a polygraph instrument. Polygraphy is the new name of LIE DETECTION.

A Polygraph Instrument is a scientific diagnostic instrument used to


record physiological changes in the blood pressure, pulse rate, respiration and skin
resistance of an examinee under controlled condition. Lie Detector on the otherhand
is the popular but misleading name of the polygraph. In Greek, Polygraph means
many writings and the instrument were so named because it make various ink
recordings of a persons body functions. The other name of polygraph is called
Truth Verifier.

Concepts of Polygraph Examination

1. It is used to test an individual for the purpose of deterring deception or


verify the truth of the statement.
2. The records identify physiological reactions of the subject, such as: blood
pressure, pulse rate, respiration and skin resistance.
3. The effectiveness of the polygraph in recording symptoms of deceptions
is based on the theory that a conscious mental effort on the part of a
normal person to deceive causes involuntary physiological changes that
are in effect a bodys reaction to an imminent danger to its well being.

Theory of Lie Detection

It must be recognized that there is no such thing as an instrument that will


detect lies. The popular name, Lie Detector, given to a collection of certain medical
instruments, is somewhat misleading. No collection of inanimate objects including
the very finest and complicated modern computer can detect lies on the part of
human being.

The students can understandably ask, Well, what does this do called lie
detector do? The answer to that question is that the lie detector records certain
psychological activities or the body. These activities are constantly in operation as
long as the person is alive. The student should be aware that the most common lie
detectors record a breathing pattern of inspiration and expiration, a continuous
pattern of relative blood pressure and pulse rate, and a pattern of electro dermal
activity.

It is well known that the body adapts itself as efficiently as possible to this
environment. If the environment changes, the body will rapidly adjust itself to these
changes. This is done by a complicated system of internal checks and balance
primarily involving the autonomic nervous system. This ability to adjust is necessary
if the organism or body is to survive in a constantly changing world. Those
organisms that cannot adjust rapidly die out.
As a rule, the results of a lie detector test are inadmissible as evidence.
However, if a lie detector subject confesses to the examiner during examination,
this confession can be admitted in court subject to the provisions of the rules of
evidence.

Lie Detector Inadmissible as Evidence

The following are the reasons why the results of polygraph examination are
not admissible as evidence in court:

1. Obtain additional investigation leads to the facts of the case/ offenses.


2. Ascertain if a person is telling the truth;
3. Locate the fruits or tools of the crime or whereabouts of wanted persons.
4. Identify other persons involved
5. Obtain valuable information from reluctant witnesses.
6. Eliminate the innocent suspects.

Principal Uses of the Polygraph

1. Aid in investigation
2. Speeds up processing of investigation
3. Eliminates innocent suspects
4. Preemployment screening
5. Honesty test (Periodic Test)

FORENSIC/ LEGAL MEDICINE

LEGAL Medicine is a branch of medicine, which deals with the application of


medical knowledge to the purpose of law and in the Administration of Justice. It is
the application of basic and clinical, medical, and paramedical science to elucidate
legal matters. It is also called as legal medicine or medical jurisprudence. It deals
with the interaction of medical science with the law. And it provides one of the most
fascinating of all the branches of medicine.

Nature of study of Legal Medicine

Knowledge of legal medicine means the ability to acquire facts. Power to


arrange those facts in their logical order and to draw a conclusion from the fact
which may be useful to the administration of justice.

Types of Medical Evidences

Real Evidence This is evidence made known or addressed to the sense of


the court. It is not limited to that which is known through the sense of vision but it is
extended to what the sense of hearing, taste, smell and touch of perceived.

Testimonial Evidence A person maybe commanded to appear before the


court to give his testimony. While the witness stand, his obligation is to answer the
question propounded by counsel and presiding officer of the court, his testimony
must be given orally and under oath or affirmation.

A physician maybe presented in court as ordinary witness and/ or expert


witness.

a) Ordinary Witness A physician who testifies in course of physician patient


relationship is considered as an ordinary witness.
b) Expert Witness A physician on account of his training and experience can
set medical facts. He can deduce or infer something, determine the cause of
death or render opinion pertinent to the issue in medical in nature.

Documentary Evidences A document is an instrument on which is recorded


by means of letter, figure or make intended to be used to the purpose of recording
that matter which may be evidently used. The term applies on writing, to word
printed, lithograph or photograph.

This type of evidence includes medical documentary evidences such as medical


certification or reports on Medical Examination, Physical Examination, Autopsy,
Laboratory, Exhumation, Birth and Death.

Experimental evidence A medical witness maybe allowed by the court to


confirm his allegation or as a corroborated proof to an opinion he previously stated.
Example: The issue that the person how long can survive, after the injection of
lethal dose of poison can be shown by the administration of the said poison to
experimental animal within the view of the court.

Physical Evidences These are articles and materials which are founded in
connection of the evidences and which aid in establishing the identity of the
perpetrator or the circumstances under which the crime was committed, or in
general assist, in the prosecution of the criminal.

Physical evidences include the following:

1. Corpus delicti evidence Object or substances which may be part of the


body of the crime. The body of the victim of murder, prohibited drugs recover
by the person, dagger with blood stain and fingerprint of the suspect.
2. Associate Evidence These are the physical evidence which link a suspect
to the crime. The offender may leave clues at the scene such as weapon,
tools, garments, fingerprint or foot impression. Broken highlight glass found
at the crime scene in in hit and run homicide is also associated with the car
found in the repair shop. Wearing apparel of the offender or another article or
value maybe recovered where the crime or rape was committed.
3. Tracing Evidence These are physical evidences, which may assist the
investigator in locating the suspect. Aircraft or ship manifest, physician
records showing medical treatment of suspect for injury sustained in an
encounter.
Preservation of Medicolegal Evidences

The physical evidences recovered during the medicolegal examination must


be preserved to maintain their value when presented in the exhibit in court.

Most medical evidences are easily destroyed physically or chemically altered


unless appropriate preservation procedures are considered.

FORENSIC BALLISTICS

Ballistics Defined

In general, the term ballistics is defined as the science of the motion of


projectiles; motion refers to movement or mobility; and projectiles refer to metallic
or nonmetallic objects propelled from a firearm. In particular and technically
speaking, the term ballistics refers to the science of firearm identification (Del
Rosario)

The term firearm identification deals with the study, comparison and
identification of weapons alleged to have been used in the commission of a crime
(Tradio, 1997), it involves the examination of ballistics exhibits such as fired bullets,
shells, firearms and other related matters which have been used in crimes.

Origin

The term ballistics itself was derived from the Greek word ballo or
ballein, which means literally to throw. Its root also was said to have been derived
from the name of an early Roman war machine called ballista a gigantic bow or
catapult which was then used to throw missiles or large objects at a distance like
stones against enemy forces. The word forensic on the other hand, as applied to
ballistics and other criminalistic tools suggests a relationship to court of justice and
legal proceedings (Del Rosario).

Significance to Law Enforcement

Ballistics and/ or firearm identification is a science so important in criminal


investigation. The application of scientific examination, with the use of proper
techniques and under proper condition, it is now possible to determine whether or
not a certain evidence such as the bullet or cartridge the shell was fired from a
particular gun or from one of the same firearm alleged to have been used in the
commission of a crime.

Firearm examiners also try to find out how far away the suspect or the
accused was when he fired a gun at the victim. It can help also the investigator to
know the suspect in the commission of a crime.

Branches of Ballistics
The science of ballistics of firearm identification is divided into the following
branches: Interior s

Vous aimerez peut-être aussi