Conduct Investigations and Identification of Offenders Flashcards

1
Q

What are the two types of investigation teams?

A

Investigation team and support team.

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2
Q

What does the invesitgation team do?

A

Physically makes enquiries.

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3
Q

An investigation is deviding in to separate phases, what are some examples?

A

Area canvas,
general enquiries,
passive data generators suspects
and persons of interest.

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4
Q

What does the support team do?

A

The support team is the administrative team, it provides support resources for the invesitgation team. Also helping to organise and process the information gathered.

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5
Q

What are the key tasks of an investigation?

A

To gather and preserve evidence and documentation.

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6
Q

What are the 7 steps in decision making?

A

Acknowledge - that a situation exists.
Identify - What is the problem?
Formulate an objective, what are we aiming to achieve?
Gather all data and information required to achieve the objective.
Draw up a list of ways this can be achieved.
Weigh and Study each alternative.
Prepare a plan for action.

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7
Q

With decision making what the two main factors?

A

Individual bias (what you think/believe) and verification bias (not looking at the whole/bigger picture).

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8
Q

What is the appreciation technique?

A

A cognitive tool used to take a disciplined approach to decision making.

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9
Q

What are the 4 steps used in an Appreciation Technique?

A

Step One: Aim or Objective - what will you do.
Step Two: Factors - what factors will affect your aim.
Step Three: Courses Open - options identified after assesing the factors and the deductions from factors.
Step 4: Plan - select the most appropriate option and plan.

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10
Q

What are the two forms of a written appreciation?

A

A full appreciation and a short appreciation.

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11
Q

What is a full appreciation?

A

Used for high-level or difficult tactical problems.

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12
Q

What is a short appreciation?

A

Used for non-urgent problems.

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13
Q

When should a written appreciation be completed?

A

When there are several points to be considered and there is a possibility that some points could be overlooked. And when a clear picture of the situation is needed.

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14
Q

What does an investigative mindset mean?

A

Having a diciplined approach to investigation and the ability to exercise: critical thinking, decision making, the appreciation technique and evaluation.

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15
Q

What are the two methods of criminal investigation:

A

Reactive and proactive.

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16
Q

What is the reactive method?

A

Starts with the discovery of a crime.

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17
Q

What is the proactive method?

A

Generally starts ith information or intelligence indicating that persons or groups are engaged in criminal activity.

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18
Q

What are the 8 stages of criminal investigations?

A
Instigation, 
Investigation, 
Investigative Evaluation, 
Suspect Management, 
Evidential Evaluation, 
Charge, 
File Preparation, 
Court.
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19
Q

What is material?

A

Material is a substance obtained in the course of a criminal investigtion. It can be substance of any kind, e.g information, objects, sounds and images.

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20
Q

What are some sources of material?

A

Victims, witnesses, suspects, locations, CCTV, telephone records and bank records etc.

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21
Q

What are the common formats for material?

A

Statements, documents, reports, physical exhibits, forensics, images, recordings.

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22
Q

Why must material gathered be retrieved and stored properly?

A

To ensure it is evidentially admissible in court.

23
Q

What are the 5 principles in applying the mindset?

A

1: Understand the source of material.
2: Plan and prepare.
3: Examine all material.
4: Record and Collate.
5: Evaluate.

24
Q

What are the 3 areas of examination?

A

Interpret, Clarify, Challenge

25
Q

How can the area of examination, challenge be summed up?

A

ABC.
Assume nothing.
Believe nothing.
Corroborate everything. (confirm)

26
Q

What are the 3 types of formal evaluation?

A
  1. Investigative
  2. Evidential
  3. Self and peer.
27
Q

What is formal evaluation?

A

The evaluation of material during investigations. The stepping back approach.

28
Q

Why is an investigative evaluation undertaken?

A

To determine, what is known/not known, consistencies/conflicts.

29
Q

What does the evidential evaluation consider?

A

The overall strength of the case, wether there is sufficient evidence to charge.

30
Q

What will self/peer evaluation address?

A

Review of assumptions and decision making.

31
Q

What is the key difference between invesitgative evaluation and evidential evaluation?

A

During an investigative evaluation all available material is evaluated where as during an evidential evaluation only the evidentially admissible material is evaluated.

32
Q

For invesitgative evaluation and evidential evaluation what are the filters used?

A

Relevance, Admissibility (allowable) and Reliability

33
Q

What is the 5WH formula?

A

Who, what, when, where, why and how.

34
Q

What evaluation questions is matched with the 5WH formula?

A

What is known/not known.

What are the consistencies/conflicts.

35
Q

What are 4 ways that can be used to test the validity of your decisions?

A

Self-review
Peer-review
Expert review
Formal review

36
Q

What is hypotheses?

A

An offerred suggestion that is highly probable in the light of the established facts. Based on known facts.

37
Q

When should hypothese be used?

A

Only used when absolutely necessary.

38
Q

When is caution required from the court when relying on identification as evidence? And what section of the evidence act 2006 does this relate to?

A

When evidence of the defendants involvement in a crime is principally base on the defendants ID (S46A) and the evidence is disputed and when criminal proceedings is tried with a jury (S126)

39
Q

What is vidual identification?

A

Evidence that is an assertion (declaration, claim) by a person based on what that person saw in relation to a defendant being present at or near a crime scence. An account wether orrally or in writing re claim. (S4)

40
Q

On what three occassions is visual identification evidence considered admissible?

A

When a formal procedure is followed to obtain a visual identification or there is good reason for not following a formal procedure and it is not proven unreliable.

41
Q

When is visual identification evidence considered inadmissible?

A

When a formal procedure is not followed and there is not good reason unless proven beyond reasonable doubt.

42
Q

What does S45 of the Evidence Act 2006 state?

A

A formal identification procedure should be used to obtain visual identification evidence unless there is good reason not too.

43
Q

What are the forms of visual identification?

A

ID Parades.

Photo line-ups.

44
Q

Under section 45C of the Evidence act 2006 what are the 7 requirements for formal procedures?

A
  1. Complete as soon as practicable after the offence.
  2. Must have a minimum of 7 other persons with similar appearance.
  3. Cannot provide any indiciations.
  4. Must advise the witness that the person may or may not be in the line up.
  5. Must provide a written record of the formal procedure for court.
  6. A pictorial record must be prepared and certified for court.
  7. Must comply with regulations.
45
Q

Under section 45 (4) of the Evidence Act 2006 what some reasons for not following a formal procedure.

A

Suspect refuses and Police do not hold a photo.
Suspect has a singular appearance.
Suspects appearance has significantly changed after offence.
Identity was not believed to be an issue.
Identity already confirmed.
Chance meeting with suspect/witness after the offending but before formal procedures.

46
Q

What must you do if formal procedure is not followed?

A

Explained no the prosecution file.

47
Q

Are set ups admissible in court as evidence?

A

No

48
Q

What is an example of when an informal identification can be used?

A

If a chance meeting occurred between the suspect and a witness before a formal identification could be completed.

49
Q

Under section 4 of the evidence act 2006 what is voice identification?

A

Is evidence that is an assertion (declaration, claim) by a person in relation to, that a voice is the voice of a defendant.

50
Q

When can voice identification be admissible in court?

A

If prosecutions prove that circumstances to the identification were reliable.

51
Q

What are some examples of when voice identification has proven reliabe?

A

If the victim had ample opportunity at a scene to become familiar with a suspects voice. The voice identification was completed asap. When the victims recognised the persons voice immediatly.

52
Q

What are the 3 reasons when a witness statement describing or identifing an offender can be used as evidence?

A
  1. If the witness/victims recolletion at court varies from that statement made at the time due to the time delay.
  2. If the witness is declared hostile.
  3. If the witness dies.
53
Q

Under what section of the evidence act 2006 can a witness or victim be declared as hostile?

A

Section 94.