Module 4 - EVIDENCE Flashcards
A witness to a robbery describes what she did 5 days prior. The evidence would be considered?
Irrelevant
It is desirable that a notebook statement?
- Contains the detail of a typed statement
- Complies with the content of a typed statement
- Complies with the form of a typed statement
A doctor giving evidence in relation to injuries suffered by an assault victim. A mechanic in relation to a vehicles roadworthiness and a handwriting expert in relation to handwriting notes are what sort of opinion?
Expert opinon
Lay Opinion – The court will permit a person who is not testifying as an except to testify in the form of an opinion if the opinion is both rationally based on the person’s perception and helps to explain the witness’s testimony. What section of the Evidence Act 1995 (NSW) is this?
Section 78
The statute of limitations for a Summary offence is generally?
6 months
The court will permit a person to give an opinion on a subject where they have a “Specialised knowledge based on the person’s training, study or experience” and on which opinion is “Wholly or substantially based”. What Act and Section supports this?
Evidence Act 1995 (NSW), Section 79
In the acceptance phase of the PEACE model, the ideal way to obtain information from a willing participant is?
Use the 5WH and TEDS questions
A victim of an assault describes the offence committed upon her. This is an example of?
Direct Evidence
When attending a noise complaint you must take some courses of action in the regards of ceasing the noise. What is relevant legislation you use when dealing with noise complaints?
Protection of the Environment Operations Act 1997 (NSW)
The five phases of PEACE Model are?
• Planning
• Preparation
• Engage
• Explain
• Account
• Closure
• Evaluation
The hierarchy of secondary identification methods in order are?
• Crowd scene
• Picture identification
• In-court Identification
The mnemonic ADVOKAT was created to assess the reliability of evidence given by an eye witness?
True
What is Actus Reus and Mens Reus
AR = Guilty Act
MR = Guilty Mind
Doli incapax definition
Years 10-14 the investigator have to prove that the child knew what they were doing was wrong
Summary Offence equals what court?
Local Court
What are the penalties for Indictable offence and summary offence?
Indictable – High court & penalty
Summary – Max penalty two years (investigate – local court)
Table 1 or table 2 is a higher offence
Table 1
What is Evidence and the four types?
Information to prove or dispute a fact
• Direct Evidence – Supports truth (witness)
• Indirect Evidence – Acts as support
• Inculpatory Evidence – Incriminate (DNA found)
• Exculpatory Evidence – Alibi
What are the types of Evidence?
• Original – Oral testimony of witness
• Real – Physical
• Documentary – Hardcopy, electronic, audio
What are the three basic concepts that will determine the admissibility of evidence?
• Relevance
• Reliability
• Fairness
What are the different ways to establish identification?
• The person is known to witness
• Identification parade
• Picture identification
• Crowd scene
• In-court identification
Define Inference?
Deceiving yourself
What is an Opinion?
• Opinion is an inference from observed and communicable data’ or facts’.
• Opinion is admissible unless it’s a professional opinion
What is hearsay?
Information gathered by word of mouth
What is in an issue paper?
• Issue
• Background
• Comment
• Recommendation
• Signature Block
• Distribution List
What are the sources of Evidence
• Original
• Real
• Documentary
What is inadmissible evidence?
• Hearsay
• Opinion
• Tendency
• Coincidence
• Admission & Confessions
Why do Police investigate?
To find out the truth & establish facts
Why do Police conduct interviews?
• To obtain original evidence that is relevant, reliable, and fair
• An interview is a conversation with purpose
What are the types of police investigative interview?
• Call taking
• Police station desk enquires
• Incident report
• Witness statement taking
• POI/Suspect – field interviews
• Electronically recorded interview of a suspect person (ERISP)
What are the four core skills of interviewing?
• Planning and preparation
• Active listening
• Rapport building
• Questioning
PEACE means?
• Planning and preparation
• Engage and explain
• Account
• Closure
• Evaluation
What is Cognitive Interviewing?
cooperative
What is Conversation management?
Non-cooperative
What is in Preparing and Planning?
• Background Information
• Legal Considerations
• Administration arrangements
• Interview plan
What is in Engage and Explain
• Build rapport
• Introduce yourself
• Explain purpose
• Set relax and non-confrontational tone
What is the HEAR model?
• Honesty
• Empathy
• Autonomy (Victim/Suspect to talk for themselves)
• Reflection
What is ‘TEDS’
• Tell me
• Explain to me
• Describe to me
• Show me
What is the 5WH?
• What, When, Where, Who, Why and How
Account – Cooperative subjects are
• Obtain initial account
• Expand initial account
• Identify topics/focal points
• Probe topics/focal points
• Review
What is ADVOKAT
• Amount of time under observation
• Distance from the incident/person when observing
• Visibility
• Obstruction to line of sight
• Known or seen before
• Any reason to notice
• Time elapsed
What is the system when handling lost property?
Exhibits Forensic Information and Miscellaneous Property (EFIMS)
What are the types of memory?
• Sensory memory
• Short-term memory
• Long-term memory
