Conduct investigation Flashcards
What do investigators base appropriate and accountable decision making on?
Appropriate and accountable decision making is based on investigators knowledge of:
• The legal framework
• Characteristics of crime
• National policies and procedures
What are ‘heuristics?
Working rules developed through on the job learning experience.
Good decision are based on a process of reasoning based on what steps?
Good decisions are reached through a process of reasoning based on these steps.
- Acknowledge that a situation of problem exists
- Identify, isolate and analyse the problem clearly.
- Formulate a clear objection
- Gather all the data and information required to determine the ways in which the aim might be achieved.
- Draw up a list on the information, of all the possible ways in which the aim might be achieved.
- Weigh and study each of these alternatives individually
- Prepare a plan for putting the selected course into action
What is the appreciation technique?
Aim, factors, courses open, plan
In regards to investigation What is an aim?
- Short statement of intent beginning with a verb
* Express clearly and concisely in definite terms
In regards to investigation what is a factor
A statement of truth about some know influence/circumstance.Factors include seriousness, pattern of offences, time available, witnesses, suspects, material available to date, history of parties, weather at time etc.
What is a short appreciation used for
- For urgent or pressing problems requiring immediate action
- Helpful for non urgent problems that are not complicated or complex
- Applicable to daily police duties
What is a full appreciation used for
High level or difficult tactical or administrative problems.
What is ‘the investigative mindset’?
This is an attitude/state of mind that investigators adopt and develop over time.
• Values of integrity, respect, professionalism
What are the four key areas that underpin the investigative mindset
- core legislation
- characteristics of crime
- national policies and procedures
- investigative techniques
What will the investigative mindset allow you to do?
Apply principled approach to collection and evaluation of material
• Use logical and deductive reasoning techniques to progress the investigation
• Make investigative decisions appropriate to the case
• Evaluate and validate your decision making
Name two methods of criminal investigation - explain them.
- reactive – starts with discovery of a crime
* proactive – info or intelligence suggesting criminal activity
Explain “material”
Substance of any kind, including info and objects, sounds and images, obtained in the course of a criminal investigation that has some bearing on any offence under investigation or any person being investigated, or on the surrounding circumstances in the case.
What five steps are taken to applying the investigative mindset?
- Understand the source of the material
- Plan and prepare
- Examine all material
- Collate and record
- Evaluate
Name three types of evaluation: What are they used for?
- Investigative Evaluation – to determine: what is not/known, inconsistencies, conflicts
- Evidential Evaluation – considers the overall strength of the case, and whether sufficient evidence exists to proceed with charge.
- Self/Peer Evaluation – Review assumptions, decision making, info, communication, dissemination, lessons learned
What is a hypothesis?
A hypothesis is a buidling scenario that best explains the available material.
What is ‘relevance’?
RELEVANCE (it has some bearing on the investigation)
What is reliability
RELIABILITY - independent corroboration of the material that is to be used as evidence is tested
Under the victim rights act 2002, what is a child?
Child is under 14 years old
When can meetings occur between victim and offender?
- Victim and offender must agree to do so
* It must be practical and the circumstances appropriate
What must a victim be given asap?
As soon as practicable must be given info about
• progress of investigation of offence
• charges laid or reasons for not doing so
• victims role as a witness in the prosecution
• date and place of each event
• every final disposition of all proceedings
under victim privacy, what may not be given to the court?
The victims address or phone number
What does S.25 say in relation to victim impact statements?
S.25 says that judicial officer may order that an offender and their lawyer not be given of shown any part of the VIS, if in their opinion it is necessary to protect physical safety of the victim.
What does S.28 say about publishing the name of an offender?
S.28 victims views on application for order prohibiting publication of name of offender
Under S.30, what must be ascertained?
victims views about release on bail
What is a S.29 offence
one of sexual violation or other serious assault or resulted in serious injury or death, or in person being incapable,
What must a victim of a S.29 offence be told and when?
must be given reasonable notice of release, or be notified asap on escape.
What is VNR
Victim Notification Register
Under S.35 a victim must be informed of what?
• S.35 notification of temp release from , escape, abscondment or death in jail.
Victim to whom this applies, must be given reasonable notice of release, or be notified asap on escape.
What are the following forms? 1065 1060 400 128 392 14A CSV1 143
1065 VNR – only s.29 victims can go on this 1060 Record of victim contact 128 Op to Bail 14A CAF 392 VIS CSV1 Service to victims
Who is a ‘victim?
A victim is:
• person against whom offence is committed
• suffers physical injury, loss, damage to property
• parent of legal guardian of child of yp who is one of the above
• member of immediate family who as a result of offence committed by another dies or is incapable
• Under s.7 & 8 a victim is also person who by offence committed by another suffers emotional harm, witnesses, (ie. Teller in robbery), people living in fear because of serious crime being committed locally.
Victims are entitled to a support person. Under S.4 a support person is:
Victims are entitled to support person. Under s.4 they are:
• spouse, cu partner, de facto of victim
• parent or close relative of guardian of victim
• A social worker, welfare guardian or attorney appointed by victim
In terms of victims rights acts ‘child’ is under 14.
In terms of evidence act 2006 ‘child’ is under 18
What is a ‘witness?
A Witness is – person who gives evidence and is able to be cross-examined in a proceeding
What is ‘frozen fright’
Frozen Fright – victim exhibits signs similar to shock – numbness, inactivity, fainting, nausea, vomiting, sweating, blood pressure deviation etc.
What is fight or flight?
Fight or Flight – signs are hysteria, agitation, screaming, rapid speech.
What are some long term victim reactions?
Long Term – Anger, fear, frustration, confusion, guilt, blame, grief, sorrow
Under S.12 victims must be………..
informed of progress
