Midterm Exam Chapters 1-4 Flashcards
Definition of Investigation
a search for the truth
What do investigators bring to the table?
- Reason, experience, dedication
- Biases, preconceptions, cognitive limitations, personal motivations
- context : pressure to “figure it all out”
What is Goudge Inquiry (2008)
- State of forensic pathology in Ontario
- Avoiding errors that produced wrongful convictions
- Chief tenet: think truth (vs. think dirty)
- Importance of evidence based approach and collecting all evidence
What is the difference between an informant and witness?
Witness: someone who was present at a place where they personally observed/experienced something relevant to the commission of a crime and who volunteers info
Informant: someone who gives information to the police for something in return, for example immunity/money
Definition of witness
Witness: someone who was present at a place where they personally observed/experienced something relevant to the commission of a crime and who volunteers info
Definition of informant
Informant: someone who gives information to the police for something in return, for example immunity/money
What are the 2 factors of the Canada evidence act?
- Competence
2. Compellability
What is competence?
It means being legally permitted to testify
Excludes: certain medical conditions
What is compellability?
It is the ability of the state to require a person to testify in court proceeding
Excludes:
Legally married spouses
Any conflict with the right against self incrimination (Charter, s. 11)
Definition of confidential informant (CI)
an informant who has been given an assurance of confidentiality
Definition of agent
someone who, directed by police, meets with people thought to be involved in the crime and reports back
What’s the first thing you should do when arriving at a call?
make sure its safe
What does the Canada Evidence Act do?
Canada Evidence Act determines whether an individual will be permitted or compelled to testify
Morris v The Queen
nothing should be admitted into evidence unless it is relevant to the charge
What is admissible?
Facts within witnesses own knowledge, observation, and experience
What is inadmissible?
- Hearsay evidence
- Opinion evidence (some expectations)
- Expert witnesses and evidence- exception to opinion ban
- No opinions regarding mindset or intention of accused
What is the primary objective of an investigation?
elicit information
What is active listening?
- Eye contact
- Nodding your head, smiling, agreeing
- Leaning forward
- Not interrupting
- Restating what was said
Definition of Statement
permanent record of a witness’s observations
Definition of Disclosure
process in which the Crown is required to reveal its evidence to the defence
What did R v Stinchombe do?
Crown obligated to provide defence with relevant evidence
Since a witness statement is not evidence and cannot be read in court, what would you need the witness to do instead?
Witness would need to take the stand
Where may you be more likely to get a confession?
Outside of the interview room
What should you make sure you do with the recording device in order to ensure it isn’t used against you in court?
Make sure recording device is shown
Definition of Hypnosis
technique that puts subject into a trancelike state in which the subjects actions and responses are under the hypnotists control
What is encoding specificity?
how much we remember is based on the similarity of conditions between the event and memory retrieval
What is misleading post event information?
memories are distorted by information acquired after the original memory formed
What are the 4 typical flaws in modern interview techniques?
1) Too many closed or leading questions
2) Not giving witnesses time to answer questions
3) Frequent interruption of witness
4) Not encouraging witnesses to recall information
Name the 6 types of models of memory
- Freudian model
- Videotape model
- Biological model
- Cognitive model
- Cognitive economy
- Connectionist model
What is the Freudian Model?
Unconscious processes primarily memories of traumatic childhood experiences that influence current behaviour
What is the Videotape Model?
Memories stored in chronological form, can be replayed at will
What is the Biological Model?
Memories stored in brain cells so can decay over time
What is the Cognitive Model?
- Information processed in discrete stages
- “Cognitive economy” maximizes efficiency of cognitive capabilities
- Memories stored in overlapping networks of neural connections
- Stages of information processing
4a. Two types of memory: short-term and long-term
What is Cognitive Economy?
brain takes shortcuts to store and retrieve memories
What is the Connectionist Model?
- Facilitate memory by getting witnesses to consider:
- -Variety of details
- -Context of memory
What are the 4 cognitive interview (CI) techniques?
- Report everything (no detail is too small)
- Change order (truthful and deceptive)
- Change perspective outside looking in, victims
- Context reinstatement (returning to the scene of the crime, visualize or drawing)
What does the enhanced cognitive interview (ECI) do?
combines four CI techniques with order, structure, instructions for interviewers
What is KGB Caution?
prepared statement read to an interviewee stating that the interview will be recorded/interviewee is swearing to tell the truth
What is pure version?
- witness’s uninterrupted narrative of incident
- –Subjects story, own language
- –Avoids contamination
- –Can be analysed
- –Specific or alibi
What is context reinstatement?
establishing background to put a statement into context
What is an open ended question?
invites a detailed answer (TED)
What is a closed question?
invites a 1 word or short answer (Did you do it?)
What is the advantage of witness compatible questions?
designed to take advantage of traits of a certain witness
What is varied retrieval?
asking witnesses to recall events in varied orders (truthful and deceptive)
What should you never do in an interview?
- Never copy there body language, once they start to mimic yours it means that they’re beginning to open up/trust
- —By not copying them you’re showing who’s boss
What should you never end an interview on?
“That’s about it”
What is detention?
suspension of individuals liberty by physical or psychological restraint
What is arrest?
seizure or touching of individual by officer for detention
What is investigative detention?
officer’s limited ability to detain for investigative purposes
What is a custodial interview?
person has been arrested or detained; get rights to counsel
What is a non-custodial interview?
not arrested or detained (polygraph or suspect in a crime)
What did R v Grant decide?
decided detention doesn’t necessarily involve physical contact
What is right to silence?
- not obligated to answer police questions
- -Interviewers do not have to stop questioning suspects
What is the requirement for diligence?
- interviewees required to exercise right to see counsel
- -Accused can voluntarily waive right to counsel
What should primary caution include?
- Officer is investigating a criminal allegation
- Nature of offences under investigation
- Accused rights (counsel, silence, etc)
- What suspect says can be used in court
What is secondary caution?
- given if investigator is not first officer (or “person in authority”) in contact with suspect
- Accused have right to re-consult counsel after new charges added
Young persons is what?
over 12, younger than 18
What must occur for statements from young persons to be admissible?
- Must be voluntary
- Young person must understand his or her rights
- Young person must know they can consult counsel/parents/others
What does Inculpatory do?
tends to establish a person’s guilt
What does Exculpatory do?
tends to clear a person of guilt
What is Voir Dire?
“trial within trial” to determine admissibility of evidence
In order for accused statements to be admissible the accused must be aware of what?
- Be aware of why authorities are speaking to him/her
- Be advised of and understand rights
- Freely speak to authorities
What did R v The Queen establish?
Undercover officers not persons of authority
What is “Off the Record”
R v Smith- statements are admissible if accused’s right to counsel not violated
R v Oickle has 5 types of what?
5 kinds of false confession
Name the 5 types of false confession?
- Stress compliant
- Coerced compliant
- Non coerced persuaded
- Coerced persuaded
- Voluntary
Name the 4 factors that determine voluntariness?
- Threat or promises
- Atmosphere of oppression
- Operating mind
- Police trickery
What is Quid Pro Quo?
-(something for something) often a sign of inducement
moral/spiritual promises okay —(ex: “you will feel better after telling the truth”)
What does no operating mind mean?
Suspect must be coherent
What might 2 interviewers help with?
2 interviewers means more chance suspect will bond with 1
