Domain 3 - Investigations Flashcards
What is defalcation?
Embezzlemnet, The failure to properly account for money held in a fiduciary capacity.
What are operational investigation managers responsible for?
case load, team, supplies, evidence management
What are case investigation managers responsible for?
particular investigators, investigative techniques
What are the 4 key investigation management areas?
Investigative functions
Investigative Resources
Unit Management
Case Management
What is link analysis?
graphicall and logically portrays interconnections among people, places, and activities to reveal patterns and other useful information
What is the benefit of an intelligence fusion center
information is received from a broader range of sources and analyzed from a broader set of perspectives (it’s a multijuridictional law enforcement task force)
How often are progress reports typically submitted for investigations
every 30 days
What are the components of an investigation report
administrative, summary, narrative, conlusions (if fairly represent details of report), and enclosures (statements, logs, photos, etc)
Are investigative reports actionable for defamation and why/why not?
no, they are typically granted qualified priviledge if properly controlled (only give to attorney of record)
What is indirect evidence?
cirucmstantial and hearsay
What does Res Gestae mean (literally and definition)? What are 3 examples?
“Things done”, an exception to rule that hearsay evidence is inadmissable based on belief that because certain statements are made naturally, spontaneously, and without deliberation during the course of an event, they leave little room for misunderstanding/misinterpretation upon hearing by someone else.
- Words or phrases that either form part of or explain a physical act
- Exclamations that are so spontaneous as to belie concoction
- Statements that are evidence as to someone’s state of mind
What are 6 types of evidence?
Corpus delicti
Associative evidence
Identifying evidence
tracing evidence
trace evidence
impression evidence
This type of evidence links a suspect with the scene of a crime, such as fingerprints or DNA
Associative Evidence
This type of evidence assists in the possible identification and location of a suspect, such as a credit card receipt or a tag on a piece of clothing
tracing evidence
This type of evidence includes firearms, tool marks, bite impressions, and footprints
impression evidence
This type of evidence proves a crime has been committed (such as the body at a homicide scene)
corpus delicti
This type of evidence includes fibers, paints, dyes, glass, and similar elements that will undergo examination at a crime lab
trace evidence
This type of evidence us associative evidence that establishes the identity of a suspect such as fingerprints, bite impressions, or blood found on the scene
identifying evidence
What are sketches when investigating a crime scene?
location/conditions/distance/size relationships; including dimensions of rooms, furnityre, doors, and windows; distances between objects/exits; measurements of location of evidence, referencing two unmovable items; key/compass orientation/scale, etc
What is a narrative when investigating a crime scene?
running description of incident scene, evidence not collected at this time (must include identity/assignments of team, date/time/location, weather/lighting, condition and position of evidence)
What are the roles for evidence search
Person in charge (narrative and final scene decisions)
photographer
sketch preparer
evidence recorder
scene supervisor (coordinates with executives/departments, andything that involves coordination not fully containes at scene, provides equipment for search personnel)
What is the first step when investigating a crime scene
secure the scene
What is the theft triangle
the reasons why people steal (need all 3): desire (need or want), motive (rationalization), and opportunity
What is the youth and work hypothesis that explains employee theft?
young people are less trustworthy
What is the social control hypothesis that explains employee theft?
believe little threat of detection or punishment
What are two white collar crime theories (names and descriptions)
Sutherland’s Association theory - criminal behavior of individual correlated with association with a criminal environment
Cressey’s nonshareable need theory - individual has the perception of a nonshareable financial problem that can be resolved by violating their position of trust
What is skimming?
eliminating cash receipts
What is lapping?
pocketing small amounts from incoming invoice payments and then applying subsequent payment to cover the missing cash from the previous invoice and so on
What is kiting?
any sort of fraud that involves drawing out money from a bank account that does not have sufficient funds to cover the check
what is conversion?
the receiving of money or property and fraudulently withholding or applying it for one’s own use
What are the 5 layers of maslow’s needs?
physiological/survival (food/drink/health)
safety or physical and emotional (clothing/shelter)
Affection (family/small group)
Esteem
Self-fulfillment
What is floating point strategy
continuously reevaluating a hypothesis as information is obtained
what is an interviewees perception?
interviewee’s corrected visual acuity, available light, and distance to the event or document in question.
What nonverbal activites suggest deception?
abrupt, significant posture change
grooming gestures/cosmetic ajustments/wringing or rubbing hands/touching back of head, ears, nose, or lips/chewing nails/tapping, swinging, or arching feet/rearranging clothing or jewlery/dusting or picking lint from clothes/ adjusting or cleaning glasses
supportive gestures - hand over mouth or eyes while speaking, crossing arms or legs, hiding hand or feet, holding forehead with hand, hands under or between legs
What is a Behavior Analysis Interview?
a systematic evaluation of a subject’s verbal and nonverbal behavior during the course of a structured interview in which both investigative and behavior-provoking questions are asked
What are 5 types of questions in a Behavior Analysis Interview
Purpose question - understanding of pupose of interview
“You” question - did you do it
knowledge question - do you know for sure who did it?
Suspicion question - who do you suspect did it?
Trust question - anyone who should be eliminated as a suspect
What is the Reid Method
the most common/effective process for a confrontational interview, 9 steps to persuade a deceptive subject to tell the truth
What are the 9 steps of the Reid Method
1 - Postive Confrontation (greet, accuse, then transition to sympathetic/understanding)
2 - Theme Development (present moral justification, done as monologue)
3 - Handling Denials (interject to prevent denial which makes it harder to change story later, guilding shifts to offense)
4 - Overcoming objections (don’t argue or show surprise or irritation, trait objects - not that kind of person vs factual objections - i don’t need the money)
5 - Keeping a subject’s attention (don’t let them concentrate on punishment, draw them nearer to you)
6 - Handling a subject’s passive mood (concentrate on psychological justification when subject cries/becomes despondent, give gestures of sympathy)
7 - Presenting an Alternative Question (either/or, gives 2 incriminating options based on assumption of guilt)
8 - Having the subject relate details (give statement of reinformcment, obtain brief oral review to corroborate guilt
9 - Converting an oral confession (signed statement or recording of subject confessing)
What are three suspect interviewing techniques in addition to Reid Method and BAI
The PEACE Model
WZ Non-Confrontational Method
The Kinesic Interview
Which interview technique is described - a structured, conversational approach that results in fewer denials and objections and eliminates conflict in the interview. The interview begins by building credibility with an introductory statement, builds rapport with the subject by rationalizing the motives behind the event, and encourages truth telling
WZ Non-Confrontational Method
Which interview technique is described - assesses whether a subject is telling the truth via the subject’s reaction to stress. Often combined with other techniques, it employs hypothetical questions, such as soliciting the subject’s opinion on the eventual punishment for the crime in question. Investigators analyze the verbal and nonverbal responses to evaluate the subject’s truthfulness.
The Kinesic Interview
Which interview technique is described - Preparation and Planning, Engage and Explain, Account, Closure, Evaluate (designed to reduce the number of false confessions - focus on fact finding rather than a confession)
The PEACE model
what is duces tecum
a legal term, if enacted, both sides must produce all tangible evidence
what are interrogatories
written questions that will be asked in court
what are bench trials?
those without a jury
what type of witness can give opinion
expert witness (not fact witnesses)
in criminal courts, how is the verdict determined?
prosecutor must prove the case beyond a reasonable doubt
in civil courts, how is the verdict determined?
a preponderance of evidence (more needed for prosecution than employee discipline)
What are six ways public sector investigations differ from private sector
powers of arrest, search and seizure, testimony, prosecution, due process, and consequences
What was adopted by the UN in 2003, made whistleblower protection part of international law?
The Convention Against Corruption
What is the suspense log
a list of due dates for reports, status checks, investigative leads, and other milestones in the investigation
what is operational security
not OPSEC (operations security); the totality of all security and planning measures employed to ensure a successful outcome for a particular operation or activity as well as the safety of the investigators involved (cover stories, backstopping, communications protocols, agent infiltration plans, countersurveillance, covert meet security, the use of carding, and technical monitoring); used for special activities such as undercover or sting
what is backstopping
actions taken to support covers or contrived identities (in undercover investigation)
what is carding
practice of keeping data about sources of information (in undercover investigation)
what are the principal characteristics of interal theft
diversion, conversion, disguise, and divergence
what is “Occurrence” based insurance
protection is provided regardless of when the claim is made
What is “Claims-made” based insurance
protection is only provided during the duration of the policy
what is cognitive consistency
breaking the law in one way makes it easier psychologically for someone to break the law another way
% of employers conduct background screening, some before and some during employment
96%
% of people over 26 that used drugs in the last year
20%
% of people 18-25 that used drugs in the last year
42%
what is the standard of proof necessary to refuse to hire a candidate based on background screening
good faith
what is photogrammetry
to derive dimensions used photographic images
what should you not do when reviewing original video that is evidence
do not press pause
what are two names for tesimonial evidence given in court
parol or spoken word
what is voir dire
legal process where attorneys/judge determine suitability of jury for trial
what % of the internet is available on the surface web
4%
what % of the internet is available on the deep web
93%
what % of the internet is available on the dark web
3%
what is PACER
Public Access to Court Electronic Records
In this type of investigation, a worker is investigated for breaching employee guidelines, which are clearly defined in corporate policy and procedures. The information was clearly communicated to all employees. Which type of investigation is this?
conflict of interest
