Module 7

• CUSTODIAL INVESTIGATION


  When you say custodial investigation or interrogation, it refers to the

  questioning initiated by a police officer AFTER a person has been taken

  into custody or deprived of his freedom of action. The key word here is

  deprivation of freedom.
• When a person is arrested, the arresting officer must inform him of his

  constitutional rights or more popularly known as the Miranda rights. He

  should be informed of the reason for arrest, the constitutional right to

  remain silent. Where any statement made may be used against him and the

  right to communicate to a lawyer or any family member or

  relative. It is also important to take note that in this stage, the

  presence of a lawyer is required. Such right to counsel may be

  waived however, it should still be done in the presence of a

  counsel otherwise, and the waiver has no effect at all.
• What are the rights of persons under custodial

  investigation?

  Right to be informed of his right to remain silent;

  Right to have a competent and independent counsel preferably of his own

  choice or to be provided with one;

  Right against torture, force, violence, threat, and intimidation or any other

  means which vitiates his free will;
• In case any of the constitutional rights mentioned are not properly observed and the accused made statements that may be used against him, it will be

  treated as INADMISSIBLE, meaning it has no effect and cannot be used against him in court. It's as if the accused did not say anything.
• After such investigation, it shall be put into writing

  where the accused will signify that he attest to the

  truthfulness of the report. However, the contents

  must be explained especially when he does not know

  how to read or write.
• INTERROGATION


  A​n interrogation is a questioning of a person suspected of

  having committed a crime or of a person who is reluctant to

  make a full disclosure of information in his possession

  which is pertinent to investigation

  SKILLFUL / VIGOROUS QUESTIONING
• INTERVIEW


  A​n interview is the questioning of a person who is

  believed to possess knowledge that is of official interest

  to the investigator.

  FRIENDLY QUESTIONING
• CONFESSION


  I​s the direct acknowledgement of guilt,
• Admission


  indirect acknowledgement of guilt. A statement acknowledging the truth of something a statement made by a party to a lawsuit or a criminal

  defendant, usually prior to trial, that certain facts are true.

  An admission is not to be confused with a confession of

  blame or guilt, but admits only some facts.
• LEGAL MAXIMS

  Nullum crimen nulla poena sine lege

  Actus non facit reum, nisi mens rea

  Actus me invito factus, non est meus actus

  Dura lex sed lex

  Ignorantia legis neminem excusat

  Ignorantia facti excusat

  Falsus in unum, falsus in omnibus
• Nullum crimen nulla poena sine lege


  There is no crime where there is no law punishing it.
• Actus non facit reum, nisi mens rea


  a crime is not committed if the mind of the person performing the act complained be innocent.
• Actus me invito factus, non est meus actus


  an act done by me against my will is not my act.
• Dura lex sed lex


  the law may be harsh but it is the law.
• Ignorantia legis neminem excusat


  ignorance of the law excuses no one
• Ignorantia facti excusat


  mistake of fact excuses.
• Falsus in unum, falsus in omnibus


  false in one part of the statement would render the entire statement false

  (NOTE: this maxim is not recognized in our jurisdiction).