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INV101 > Investigation > Flashcards

Investigation Flashcards

1
Q

Working rules aka heuristics - working experience

A

Range of working rules investigators have depends on their personal working experience.

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2
Q

Unconscious nature of working rules

A

Working rules can become too familiar making it difficult when describing how a particular decision was reached.

Decisions refer as based on a hunch or common sense.

Nothing wrong with gut reactions however must be able to account to others such as victims witnesses, supervisors and other partners in criminal justice system.

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3
Q

Working rules aka heuristics - required knowledge

A

Appropriate & accountable decision making is based on an investigators knowledge of:

  1. The legal framework
  2. Characteristics of crime
  3. National policies and procedures
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4
Q

Making decisions

A

Good decisions are reached by a process of reasoning based on the following sequence:

  1. Acknowledge that a situation or problem exists in which it is reasonably necessary to make a decision. Ask.
    - What is the problem here or what will be the problem soon?
  2. Identify, isolate and analyse the problem clearly. Ask:
  • what do I think the problem is?
  • can I state it clearly to define it to others? (Eg in one sentence)
  • what do I really know about it?
  1. Formulate a clear objective. Ask:
    - what are we aiming to achieve here?
  2. Gather all the data and information required to determine the ways in which the aim might be achieved.
  3. Draw up a list, based on the information, of all the possible ways in which the aim might be achieved.
  4. Weigh and study each of these alternatives individually. Ask:
  • what are the possible results or consequences of each alternative ?
  • what is the most appropriate means for reaching the objective?
  • what are the best alternatives?
  1. Prepare a plan for putting the selected course in to action.
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5
Q

Working rules aka ‘heuristics’ - background

A

Investigators making decisions suggests they rely on a set of working rules aka heuristics developed from ‘on the job’ experience of conducting investigations & also learn working rules from colleagues.

Provide a ‘how we do things around here’ framework.

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6
Q

Investigative mindset

A

Disciplined approach to gathering, recording, retaining and presenting evidence.

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7
Q

Appreciations technique

A

Disciplined approach to decision making - the technique is instigated when the investigator identifies a question arising from a problem, issue or situation.

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8
Q

Appreciation technique steps

A

Step 1: Aim or objective

Step 2: Factors

Step 3: Courses open

Step 4: Plan

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9
Q

Step 1: AIM or OBJECTIVE

A

Short statement or intent beginning with a verb.

Consider what you will do to address the situation or problem and formulate an aim or objective.

Express aim/objective in definite terms .

Should be brief and to the point & there must only be one aim/objective.

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10
Q

Step 2: FACTORS

A

A statement or truth about some known influence or circumstance.

Identify and consider the factors that will affect your aim or objective.

Examine all the information with the situation or problem. This is called a risk assessment.

Identify what must be done to reduce risk and identify the resources you will require.

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11
Q

FACTORS often need to be considered in an investigation are.

A

The seriousness of the incident or offence.

The pattern of the incidents or offences

The time available

Possible suspects

Available witnesses

Material located to date

Policy and procedures required

Known history of the parties

Records that can be tapped

The weather at the time

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12
Q

Start with a FACT and ask the question?

A

So what? Eg what are the implications of the fact? Asking so what repeatedly helps to extract all information implied by a fact.

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13
Q

Step 3: COURSES OPEN

A

Options you can identify after having assessed the factors and deductions made from factors.

Eg factors - so what (he will leave the area)- therefore - courses open (Nia check / local knowledge check, media, bully board, Intel)

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14
Q

Step 4: PLAN

A

Select the most appropriate courses for attention and plan the action you can take.

Assess:

Is it more than likely to be effective?
Is it proportionate (effort,time, resource)?
Is it achievable?
Will it pass the self test?

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15
Q

Two forms of appreciation

A

Full appreciation

Short appreciation

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16
Q

Full appreciation

A

Used for high level or difficult tactical or administrative problems.

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17
Q

Short appreciation

A

Urgent or pressing problems that require immediate action. Or non urgent problems that are not complicated or complex. These are applicable to daily police duties.

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18
Q

Written appreciation & mental appreciation

A

Written Provides a record of decision making and shows why a course of action was taken. Used when.

Several points to be considered & danger of points being overlooked if they are not written down.

A clear picture of the situation is desired to present a logical argument that will carry conviction to a higher authority.

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19
Q

Factors affecting decision making

A

Individual bias - perception of people, places, situations.

Verification bias - decision that support a point of view, overlooking alternative lines of Enquiry.

Availability error - eg focussing on victims account (emotionally charged) and overlooking the collection of forensic evidence.

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20
Q

Investigative mindset

A

Attitude or state of mind that investigators adopt and develop over time. The values of respect, integrity and professionalism are inherent in the mindset.

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21
Q

Investigative mindset has four key areas of knowledge, understanding and skills in.

A

Core legislation

The characteristics of crime (nature of crime and criminal behaviour)

National policies and procedures

Investigative techniques

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22
Q

With an investigative mindset you will knowingly

A

Apply a principle approach to the collection and evaluation of material

Use logical and deductive reasoning technique to progress the investigation

Make investigative decisions appropriate to the case at stages throughout the investigative process

Evaluate and validate your decision making to others

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23
Q

Stages of criminal investigation

A

Two methods:

Reactive and proactive. The main difference is how they start.

Reactive = discovery of a crime

Proactive = Information or intelligence indicating that an individual or group is involved in criminal activity.

Often the two methods overlap.

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24
Q

Diagram 1: stages of criminal investigation

A

Instigation

Initial investigation

Investigative evaluation - further investigation

Suspect management - further investigation

Evidential evaluation

Charge

File preparation

Court

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25
What is 'MATERIAL' ?
Substance of any kind, including information and objects, sounds and images, obtained in the course of a criminal investigation that has some bearing in any offence under investigation or any person being investigated, or surrounding circumstances of the case.
26
Sources of 'MATERIAL'
Victims Witnesses Suspects Locations, including scenes of crime and the victim/suspects premises CCTV recordings, phone records, banking and credit cards records, intelligence databases.
27
Formats for 'MATERIAL' are
Statements Documents Reports Physical exhibits such as weapons, clothing, stolen goods, biological or chemical material Fingerprints Images Audio or video recordings
28
Diagram 2: material attrition
The total material generated by an offence The material gathered by the police The material that is admissible as evidence
29
Material generated by an offence
Aim to maximise the amount of material collected and then to closely examine the material for its possible use. Starting an investigation asap after an offence occurs enhances the opportunity to gather the maximum amount of material. Whether material becomes information, intelligence or evidence is dependent on the use of which it is put.
30
Material that is admissible as evidence
The rules that determine what material will be a coveted by a court as evidence are complex and are often contested within a criminal trial. As a consequence all material may be judges to admissible under certain circumstances. A sound Understanding of evidence act 2006 is required: Hearsay Statements of opinion Expert evidence Improperly obtained material
31
Information and intelligence
If some material collective d is of a type that is not generally admissible, it does not mean that it should not be gathered or that it will not assist the investigation. Such material may be highly valuable in other investigative activities generating lines of Enquiry that may produce other relevant reliable and admissible material. And should therefore always be gathered. Whether material becomes information, intelligence or evidence depends on the use to which it is put.
32
Applying the mindset PRINCIPLE 1 - understanding the source of material
Knowing and understanding the origin of the material collected is essential to be able to effectively examine it and to explain its characteristics and relevance to others.
33
Applying the mindset PRINCIPLE 2 - Plan and prepare
Covers making careful decisions about the collection of material. It is important that material is gathered asap, and clear objectives to retrieve it are clear to avoid contamination. Consider the following sources of material when starting a routine Enquiry ``` Re interviewing the witness/complainant Information sources - Nia, Intel office Local and private agencies Private businesses Scene examination ```
34
Planning and preparation should identify how the:
Collection of material will be maximised Legal policy and procedural requirements are addressed Specialist or technical equipment or expertise is utilised The most appropriate location to conduct the collection is prepared, eg interviewing suite, search warrant, Intel office.
35
Applying the mindset PRINCIPLE 3 - examine all material
Each source of material must be closely scrutinised. Therefore the collection process you must ensure that: Immediate action is taken in relation to quality and preservation of material. It's reliability is tested at the earliest opportunity. Relevant records are made The material is appropriately stored
36
Examination is usually divided into three areas
1 interpret 2 clarify 3 challenge
37
Interpret
When Material is examined an investigator interprets and draws conclusions as to its potential use in the investigation. The more material gathered about a crime, the easier is it to draw inferences about the contribution a source can make in to the investigation.
38
Clarify
In lives identifying and explaining and understanding any inconsistencies or ambiguities the material contains. This may involve testing it against other material already gathered or identifying actions to acquire further material to clarify it.
39
Challenge
Continuously challenge both meaning and reliability of any material gathered. Adopting and investigative mindset means to treat all material as possibly being wrong or to regards is as potentially misLeading. Every account should be checked for inconsistency of conflict with other material.
40
Challenge ABC acronym
Assume nothing Believe nothing Challenge everything
41
Applying the mindset PRINCIPLE 4 a record and collate
Following the examination of a source of material decisions must be made about: ``` Examination recorded needed Storage required Security Access Conditions to be addressed for disclosure ```
42
Applying the mindset PRINCIPLE 5 - evaluate
Evaluation should identify any immediate actions that need to be taken in relation to the source or the material that was gathered from it. These include actions to test the reliability of the source or the material gathered from it, or any fast track actions that may be needed to secure other material.
43
Applying the investigative mindset to the collection of material ensures
The maximum amount of material is gathered It's reliability is tested at the earliest opportunity Immediate action is taken in relation to it Relevant records are made The material is appropriately stored Logical deductions are made
44
Which if the following statements best describes an investigative mindset?
A principled approach to the way investigators examine material and make appropriate and reasonable decisions.
45
An appreciation is the mental process, the written plan
Records decision making and shows why a certain course of action was decided.
46
For any investigation you should aim to collect
The maximum amount if material and examine its use
47
When thinking about written appreciation which TWO of the following choices best describe the difference between a full appreciation and a short appreciation?
A full appreciation is done for difficult or complex problems, a short appreciation is done for less urgent or less complicated problems. A full appreciation is a lengthy plan, a short appreciation is more likely to be a brief list of billeted points on a notebook page.
48
What are the sequential steps of the appreciation technique?
Aim, factors, courses open, plan.
49
What is meant by an investigators working rules?
The knowledge and skills learnt from investigator experience
50
Which statement best describes hypotheses and why you might use them?
Hypotheses suggest explanations for for a group of facts. They can be used to generate lines of Enquiry.
51
In the appreciation technique what is a factor?
A statement of truth about an known influence or circumstance
52
Evaluation
Material gathered during an investigation should be subjected to regular formal evaluation which requires a 'stepping back' from the rush of action to take a purposeful and critically reflective view of the investigation . Th Pe formal evaluation process is as relevant to investigations of volume crime as it is to more serious or complex investigations.
53
Three types of formal evaluation are inherent ins an investigative mindset
1 investigative evaluation 2 evidential evaluation 3 self and peer evaluation
54
Investigative evaluation
What is known What is not known Consistencies Conflicts
55
Evidential evaluation
The overall strength of the case Whether sufficient evidence exists against the offender to proceed a charge.
56
Self and peer evaluation
Review of assumptions and decision making Records organisation and management Information communication and dissemination Lessons learnt
57
When carrying out an evidential evaluation
The strength of the case is evaluate taking into account on th evidentially admissible material
58
Evaluation process - diagram 3 investigative and evidential evaluation
Objectives Material ( relevance, reliability, admissibility) Who what when where why how (knowledge) Outcome Lines of Enquiry
59
Undertake evaluation - set a purposeful objective
Begin by reviewing the material collected to determine what questions and or problems n be identified.
60
Undertake evaluation - filter the material
Examine the material gathered through filters of relevance, reliably and admissibility
61
Relevance
Material is relevant when it has some bearing on the investigation or any person being investigated, or on the surrounding circumstances of the case. It is relevant unless it is incapable of having an impact on the case.
62
Reliability
Prudent for material reliability to be reviewed through evaluation to ensure that any potential problems have not been overlooked. Formal evaluation provides the opportunity to revisit decision making about factors such as witness reliability, previous offending, and known associates as these factors may not have been known at the time of collection.
63
Admissibility
Evidential evaluation requires the additional filter of admissibility . Applying this helps ensure that The max amount of material will be available to the courts in an evidentially acceptable format.
64
Undertake evaluation - organise knowledge
Material gathered provides knowledge of the incident, offence or problem under investigation. Organise the knowledge in a way that identifies gaps in the material collection from which to identify potential lines of enquiry. The 5wh is effective way to organise any knowledge you have about an investigation .
65
Undertake evaluation - test interpretation
Test the validity of your decision making. Self review Peer review Expert review Formal review
66
Undertake evaluation - hypotheses
A suggested explanation for a group of facts either accepted as a basis for further verification or accepted as likely to be true Hypothesising is a form of creative thinking that lets you look at the knowledge held in another way - (what if?)
67
Which of the following best describes an investigative mindset
A state of mind
68
For any investigation you should aim to collect,
The maximum amount of material and examine for its use.
69
Which statement best describes hypothesis and why you might use them.
Hypotheses
70
In the appreciation technique what is a factor?
A statement of truth about a known influence or circumstance.
71
When thinking about written appreciation which two of the following choices best describe the difference between a full appreciate and a short appreciation.
A full appreciation.
72
What is meant by an investigators working rules.
The knowledge and skills learnt from investigation experience.
73
An appreciation is the mental process. The written plan
Records decision making and shows why a certain course of action was taken.

INV101 (5 decks)

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