FORENSIC
METHODS
AND
TECHNIQUES
, TERMS:
INVESTIGATOR: Private, corporate or law enforcement person who investigates and gathers
information and evidence about possible crimes, irregularities, transgressions, or other wrongdoing.
INVESTIGATIVE MANDATE: Directive which gives investigators authorisation to proceed with a
specific investigation.
PRIVATE PERSONS: People who are not formally mandated to investigate crime, civil, or disciplinary
irregularities.
INVESTIGATIVE PROCESS: Suggests that an investigator follows a step-by-step methodology, which
can be reflected on later and , if the process is repeated or replicated by another investigator, the
same conclusion would be reached.
INVESTIGATION: Is a systematic search for the truth. It means to observe intensely, to question
systematically, and to gather information that will reveal the truth.
CRIMINAL INVESTIGATION: Involve the lawful tracing of people and instruments which may
contribute to the reconstruction of a crime situation and supply information about the people
involved in it.
FORENSIC INVESTIGATION: Involves the investigation of a commercial offence with the aim of
gathering evidence that can be presented during litigation process such as disciplinary hearings, civil
proceeding, and criminal prosecutions and identifying information relating to internal control
weaknesses that have contributed to, or that can expose an organisation to the commission of a
commercial offence. This information enables the organisation to develop internal control measures
to prevent commercial offences.
IDENTIFICATION: Based on the theory that everything in the universe is unique because it has certain
distinguishing characteristics.
INDIVIDUALISATION: Positive linking of a person, suspect or perpetrator with a specific incident,
irregularity, transgression, or other wrongdoing through a process of identification.
LOCARD EXCHANGE PRINCIPLE: Means that the action of an individual, and obviously, the violent
action constituting a crime, cannot occur without leaving a mark.
CONTINUITY OF POSSESSION: Identification and continued safe possession of physical evidence form
the moment it has been found to when it is accepted as evidence in court.
INFORMATION: Refers to any knowledge which results form experience, instruction, or study and
includes knowledge of specific events or situations that has been gathered or received by
communication.
VICTIMS: These are people who have suffered some kind of loss or experienced trauma and have
approached the authorities for assistance.
WITNESSES: People who have seen the events. They saw/heard what happened and can give direct
evidence in court by telling the court their version of what happened.
SUSPECTS: Persons who are involved in crime as possible perpetrators.
,ACCUSED: Refers to a suspect who has been charged with a criminal offence.
INTERVIEW: Conversation between an investigator and person who is not suspected of being
involved in a crime.
INTERROGATION: Takes place when an investigator questions a suspected person to elicit a
confession or an admission.
EXTRACTION: Illegal form of interrogation consists of forcing the “truth” from a person by assault,
torture, threats, intimidation, or the administering of chemical agents like sodium pentothal.
STANDARD OF PROOF: Refers to the strength/ amount of evidence that you must bring in to secure a
conviction or a positive result in a case.
BURDEN OF PROOF: Applies to the side that must prove their case in order to succeed.
SWORN WITNESS STATEMENTS: Permanent, written or typed document signed under oath or
affirmed, which contains important facts that can be used to investigate a crime, reconstruct what
happened in the past, and provide that courts with relevant information.
COMMISSIONER OF OATHS: Person who has been appointed as such in terms of the provisions of
section 5(1) of the Justice of the Peace and Commissioners of the Oaths Act 16 of 1963 by the
Minister of Justice and Constitutional Development
ADMISSION: Statement made by an accused that is to their disadvantage. Admission may be made
by means of conduct or statement and is confirmation of a prejudicial or unfavourable fact.
CONFESSION: Unambiguous, clear and open admission of guilt where the accused of guilt where the
accused makes a statement admitting all the elements of the crime.
AFFIRMATION: Refers to where the person making the statement either has a religious objection to
making an oath or is not of the Christian faith; an alternative to the oath is then administered.
DYING-DECLARATION: One of the exceptions to the hearsay rule. Statement that may be oral;
written or taken in the form of gestures. It need not be made with the deceased’s dying words.
EXCULPATORY STATEMENT: Statement made by a suspect in which they clear themselves from guilt.
CONSTITUTION: Bill of Rights is viewed as the cornerstone of democracy in SA and affords every
person the right to equality, human dignity, life, privacy, and freedom and security.
CRIME SCENE: Operational term which refers to the place where a crime was committed, or an
incident occurred.
, UNIT 1-THE FORENSIC INVESTIGATOR:
INTRODUCTION:
Different kinds of investigators: Criminal, civil, private and corporate investigators.
Criminal investigations relate to common-law and statutory-law offences, whereas civil
investigations relate to actions between individuals and also departmental/disciplinary
transgressions.
WHO IS THE INVESTIGATOR:
Private, corporate or law enforcement official who investigates and gathers information and
evidence about possible crimes, irregularities, transgressions or other wrongdoing.
Investigator is a person who is always searching for the truth. The approach should be
focused and targeted.
Guided by a specific mandate, the investigation should be conducted with strict regard to
the law, disciplinary code, rules of evidence and human and individual rights. Ignoring these
basic requirements will mean that the investigation process is flawed and that the case will
probably be lost.
TYPES OF INVESTIGATORS:
1) CRIMINAL INVESTIGATORS/POLICE DETECTIVES:
Police detective is in the employ of the SAPS. Its members are vested with extensive powers,
ranging from the right to enter premises, question people, search premises and seize
evidence, to the right of arrest and detention.
SAPS is the default agency for investigation and prevention of crime. There are a number of
other agencies in the country that have mandates that either contradict or complement that
of SAPS. All these agencies do investigations of some sort, whether they are criminal, civil or
departmental in nature.
Before the start of an investigation, the first important issue to consider is whether the
investigator has the legal right to do the investigation. This is important because there are
other investigating agencies that have similar powers to the police. In some instances these
agencies can use their powers only when the investigation is sanctioned by law. If an
investigation is not conducted within the confines of the law, its not lawful.
Powers and functions of SAPS are to prevent, combat and investigate crime, to maintain
public order, to protect and secure the inhabitants of the Republic and their property, and to
uphold and enforce the law.
For the police to be able to do their work, the CPA has certain provisions which allow the
police to: Search and seize articles; question persons; enter premises; overcome resistance
and use force; take fingerprints and ascertain bodily features of an accused; arrest and
detain persons; serve summons and other legal documents; release persons on bail under
certain circumstances; and do undercover investigations.
Police officials are also commissioners of oaths. This means that, in terms of their
appointment as police officials, they are entitled to take an oath or affirmation, that is,
administer an oath or take a solem declaration. This appointment is referred to as an “ex
officio” appointment, meaning “by virtue of office” in terms of the provision of section 6 of
the Justice of the Peace and Commissioners of Oaths Act 16 of 1963.
2) PEACE OFFICERS (METROPOLITAN POLICE SERVICES):
METHODS
AND
TECHNIQUES
, TERMS:
INVESTIGATOR: Private, corporate or law enforcement person who investigates and gathers
information and evidence about possible crimes, irregularities, transgressions, or other wrongdoing.
INVESTIGATIVE MANDATE: Directive which gives investigators authorisation to proceed with a
specific investigation.
PRIVATE PERSONS: People who are not formally mandated to investigate crime, civil, or disciplinary
irregularities.
INVESTIGATIVE PROCESS: Suggests that an investigator follows a step-by-step methodology, which
can be reflected on later and , if the process is repeated or replicated by another investigator, the
same conclusion would be reached.
INVESTIGATION: Is a systematic search for the truth. It means to observe intensely, to question
systematically, and to gather information that will reveal the truth.
CRIMINAL INVESTIGATION: Involve the lawful tracing of people and instruments which may
contribute to the reconstruction of a crime situation and supply information about the people
involved in it.
FORENSIC INVESTIGATION: Involves the investigation of a commercial offence with the aim of
gathering evidence that can be presented during litigation process such as disciplinary hearings, civil
proceeding, and criminal prosecutions and identifying information relating to internal control
weaknesses that have contributed to, or that can expose an organisation to the commission of a
commercial offence. This information enables the organisation to develop internal control measures
to prevent commercial offences.
IDENTIFICATION: Based on the theory that everything in the universe is unique because it has certain
distinguishing characteristics.
INDIVIDUALISATION: Positive linking of a person, suspect or perpetrator with a specific incident,
irregularity, transgression, or other wrongdoing through a process of identification.
LOCARD EXCHANGE PRINCIPLE: Means that the action of an individual, and obviously, the violent
action constituting a crime, cannot occur without leaving a mark.
CONTINUITY OF POSSESSION: Identification and continued safe possession of physical evidence form
the moment it has been found to when it is accepted as evidence in court.
INFORMATION: Refers to any knowledge which results form experience, instruction, or study and
includes knowledge of specific events or situations that has been gathered or received by
communication.
VICTIMS: These are people who have suffered some kind of loss or experienced trauma and have
approached the authorities for assistance.
WITNESSES: People who have seen the events. They saw/heard what happened and can give direct
evidence in court by telling the court their version of what happened.
SUSPECTS: Persons who are involved in crime as possible perpetrators.
,ACCUSED: Refers to a suspect who has been charged with a criminal offence.
INTERVIEW: Conversation between an investigator and person who is not suspected of being
involved in a crime.
INTERROGATION: Takes place when an investigator questions a suspected person to elicit a
confession or an admission.
EXTRACTION: Illegal form of interrogation consists of forcing the “truth” from a person by assault,
torture, threats, intimidation, or the administering of chemical agents like sodium pentothal.
STANDARD OF PROOF: Refers to the strength/ amount of evidence that you must bring in to secure a
conviction or a positive result in a case.
BURDEN OF PROOF: Applies to the side that must prove their case in order to succeed.
SWORN WITNESS STATEMENTS: Permanent, written or typed document signed under oath or
affirmed, which contains important facts that can be used to investigate a crime, reconstruct what
happened in the past, and provide that courts with relevant information.
COMMISSIONER OF OATHS: Person who has been appointed as such in terms of the provisions of
section 5(1) of the Justice of the Peace and Commissioners of the Oaths Act 16 of 1963 by the
Minister of Justice and Constitutional Development
ADMISSION: Statement made by an accused that is to their disadvantage. Admission may be made
by means of conduct or statement and is confirmation of a prejudicial or unfavourable fact.
CONFESSION: Unambiguous, clear and open admission of guilt where the accused of guilt where the
accused makes a statement admitting all the elements of the crime.
AFFIRMATION: Refers to where the person making the statement either has a religious objection to
making an oath or is not of the Christian faith; an alternative to the oath is then administered.
DYING-DECLARATION: One of the exceptions to the hearsay rule. Statement that may be oral;
written or taken in the form of gestures. It need not be made with the deceased’s dying words.
EXCULPATORY STATEMENT: Statement made by a suspect in which they clear themselves from guilt.
CONSTITUTION: Bill of Rights is viewed as the cornerstone of democracy in SA and affords every
person the right to equality, human dignity, life, privacy, and freedom and security.
CRIME SCENE: Operational term which refers to the place where a crime was committed, or an
incident occurred.
, UNIT 1-THE FORENSIC INVESTIGATOR:
INTRODUCTION:
Different kinds of investigators: Criminal, civil, private and corporate investigators.
Criminal investigations relate to common-law and statutory-law offences, whereas civil
investigations relate to actions between individuals and also departmental/disciplinary
transgressions.
WHO IS THE INVESTIGATOR:
Private, corporate or law enforcement official who investigates and gathers information and
evidence about possible crimes, irregularities, transgressions or other wrongdoing.
Investigator is a person who is always searching for the truth. The approach should be
focused and targeted.
Guided by a specific mandate, the investigation should be conducted with strict regard to
the law, disciplinary code, rules of evidence and human and individual rights. Ignoring these
basic requirements will mean that the investigation process is flawed and that the case will
probably be lost.
TYPES OF INVESTIGATORS:
1) CRIMINAL INVESTIGATORS/POLICE DETECTIVES:
Police detective is in the employ of the SAPS. Its members are vested with extensive powers,
ranging from the right to enter premises, question people, search premises and seize
evidence, to the right of arrest and detention.
SAPS is the default agency for investigation and prevention of crime. There are a number of
other agencies in the country that have mandates that either contradict or complement that
of SAPS. All these agencies do investigations of some sort, whether they are criminal, civil or
departmental in nature.
Before the start of an investigation, the first important issue to consider is whether the
investigator has the legal right to do the investigation. This is important because there are
other investigating agencies that have similar powers to the police. In some instances these
agencies can use their powers only when the investigation is sanctioned by law. If an
investigation is not conducted within the confines of the law, its not lawful.
Powers and functions of SAPS are to prevent, combat and investigate crime, to maintain
public order, to protect and secure the inhabitants of the Republic and their property, and to
uphold and enforce the law.
For the police to be able to do their work, the CPA has certain provisions which allow the
police to: Search and seize articles; question persons; enter premises; overcome resistance
and use force; take fingerprints and ascertain bodily features of an accused; arrest and
detain persons; serve summons and other legal documents; release persons on bail under
certain circumstances; and do undercover investigations.
Police officials are also commissioners of oaths. This means that, in terms of their
appointment as police officials, they are entitled to take an oath or affirmation, that is,
administer an oath or take a solem declaration. This appointment is referred to as an “ex
officio” appointment, meaning “by virtue of office” in terms of the provision of section 6 of
the Justice of the Peace and Commissioners of Oaths Act 16 of 1963.
2) PEACE OFFICERS (METROPOLITAN POLICE SERVICES):
