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Criminal Liabilities > Serious Crime > Flashcards

Serious Crime Flashcards

1
Q

What are the two tasks of an investigation

A

Gathering and preserving evidence, and documentation

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2
Q

The initial police responders must assess the situation quick let yet carefully and decide what the most important things to do are and what order they should be done. Their primary functions are?

A

Attending scene at and early stage
Take control of the situation
Co-ordinating tasks

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3
Q

Some incidents notified to police are not initially identified as a homicide. Such incidents may include:

A

Report of a missing person
Sudden unexplained death of an infant
Hit and run vehicle collision
Suicide
Fatal fire
Drug related deaths

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4
Q

What are the two main purposes for police attending the scene of any death

A

To investigate throughly and gather sufficient evidence to satisfactorily explain the circumstances of the death

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5
Q

What is the first priority when conducting a risk assessment at the scene of a serious incident

A

First priority will always be to ensure the safety of the attending police members

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6
Q

The actions of the first responding Police have a critical effect on an investigation and on the potential for gathering evidence. List the general investigation model that should be applied to all cases

A

V - victim identify and locate victims
A - appreciation make and initial appreciation of the incident asses personal risk and then preserve the lives of others
W -Witnesses locate and contain witnesses
S - Scene preserve the scene
E - exhibits - note that evidence and preserve any that would otherwise be lost or destroyed
E elements have the enemy’s of the offence been established
P powers - identify what powers are available and consider wether to execute them
O -Offenders identify and apprehend suspects

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7
Q

Definition of Appreciation

A

A proven method of problem solving. The process follows a series of set steps to ensure the optimum course of action is decided upon. It considers all appropriate factors and weighs the benefits and risks of alternative solutions, allowing sound decisions to be taken. Is an ongoing process

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8
Q

What are the benefits of applying the appreciation technique

A

Informs all police what they are expected to achieve
Increases the chances of success of the investigation and objectives
Manages risk
Eliminates duplication
Ensures nothing is overlooked

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9
Q

Appreciation technique

A

AFCO
AIM - a shot one lined statement with a clear and accurate objective
FACTORS any circumstance or fact that could affect how you achieve your objective EG resources, environment, suspects
COURSES OPEN
all possible ways the aim could be achieved advantages and disadvantages of each alternative
Questions to be asked what are the possible results or consequences of each alternative
Which alternative is the most appropriate way to reach the objective
OUTLINE PLAN
a clear and concise plan to achieve your aim

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10
Q

Initial Police arrive at a stabbing victim. It is anticipated that they will die, so you decide to take a statement. How can police satisfy the statement is admissible?

A

Consider recording an immediate statement wether the victim can sign it or not if the victim dies their statement may be admissible as hearsay evidence.
Section 18(1)(a) Evidence act 2006
Hearsay statements admissibility rule, the court must be satisfied that the content of the statement and the person who made the statement are reliable
Section 16(1) EA 2006 hearsay statement admissibility circumstances to consider
The nature and content of the statement
Circumstances relating to the making of the statement
Circumstances relating to the veracity of the person making the statement
Circumstances relating to the accuracy of the observation of the person making the statement

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11
Q

Explain the common approach path

A

Common approval path should avoid any route possibly used by the suspect or victim, should be considered for all movements in and out of the scene to avoid damaging or losing potential evidence. Consider using stepping plates if no alternative path can be used

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12
Q

What is the first thing to consider when undertaking a course of action at a serious crime scene

A

What risks may exist

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13
Q

What action should police take when the body is disturbed at the scene

A

Establish what has been moved
Do not touch anything
Do not attempt to restore the scene to its original condition
Make enquires to enable original scene to be reconstructed and photographed

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14
Q

What action must police staff take at the scene of a serious crime take if the media are present

A

Locate media
Advise OC investigation that media are at the location
Keep media away from the crime scene
Do not make any comment to the media

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15
Q

You are the first at the scene of a homicide and you are advised that the suspect is still present. What should your first priority in relation to the suspect?

A

The identification, apprehension and isolation of the suspect
Consider your powers under S & S 2012

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16
Q

Police who arrive at a serious crime scene should identify preserve and record the scene what actions should Police take to preserve the scene upon initial arrival

A

IDENTIFY
gather info and conduct initial assessment
Consider warrant less powers
Establish wide boundaries
Consider common approach path
Establish SFP and scene HQ
provide SITREP to comms

SECURE
exercise power if necessary to secure scene
Remove all persons from scene
Establish cordons
Arrange and brief scene guards
Arrange crime scene logs
Prevent unauthorised entry/exit

PRESERVE
preserve and ensure nothing is touched or moved -consider weather, animals other factors
Consider best path (common approach path, stepping plates)

CONSIDER
crime scene log movements to maintain integrity of scene
Observe and record notes of precise details of the scene
Complete sketch of the scene
Photographs and consider video recording
Identify anything which is moved, noting original position

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17
Q

Describe who should be appointed OC Body

A

An experienced investigator with awareness of forensic issues, where this is not possible OC body may require additional support

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18
Q

What information should you give to person who is identifying the body

A

Ensure they are fully informed of the formal process and what is required of them
Explain what they should expect to see when they viewed the deceased

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19
Q

What to brief the scene guard

A

Secure scene
Deny any person access to the scene unless they have been authorised by the OC or scene co-ordinator
Record details
Name and designation
Time of entry and exit
Purpose of visit
Authority to enter
Control and record movements
Common approach path to be followed
Record all movements
Protect scene
Be vigilant for activities such as the presence of animals
Brief replacement
Brief incoming scene guard on all relevant matters and hand on scene log
Inform others
Report any action taken to the OC scene and OC investigation

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20
Q

Describe methods for identifying the body when decomposed

A

Dental records
Amputations
Tattoos
DNA
Fingerprints
Medical examinations
Personal effects such as distinctive jewellery

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21
Q

When should the OC body strip the body of clothing

A

Under direction of the OC investigation but before the post mortem examination. After a visual examination and collection of evidence from the clothed body had been completed

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22
Q

What are the OC body’s responsibility’s relating to the exhibits from post mortem

A

Responsible for recording, packaging, sealing, labelling and securing all physical exhibits relating to the body, including samples taken during the post mortem

Must be packaged and sealed before leaving the mortuary and recorded on an exhibit schedule

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23
Q

At conclusion OC body must hand exhibits to the OC Exhibits list three things the OC exhibits they must do

A

Take possession of all exhibits, including samples and specialist kits
Wet/damp exhibits remain sealed and dried in police drying room, once dry they can be repackaged and sealed
Keep accurate records

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24
Q

What must the sudden death file include

A

POL 47 report for Coroner
Statement of identification
Verification of death form
Officer FWS and photographs
Witness statements

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25
Q

Under what circumstances may the OC body make any notes of discussions concerning the post mortem examination

A

Must not make any notes of discussions at the post mortem, unless directed to by OC investigation or the pathologist

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26
Q

How does the pathologist findings assist the case

A

Will assist investigation, such as operation briefings, interviews of witnesses and suspects and additional lines of enquiry

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27
Q

What are the three elements of a homicide

A

Victim
Suspect
Location

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28
Q

In a homicide who takes VIS and how old can it be

A

Homicide trained victim Support volunteer and employees

No older then 28 days prior to sentencing

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29
Q

Describe the role of OC body during a post mortem examination

A

Observe, document and deal with exhibits in relation to the body in a methodical manner
Consider each piece of information carefully to identify its significance for the investigation

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30
Q

FLO family liaison officer

A

Primary function of an FLO is that if an investigator and not a support person
FLO must offer, facilitate and co-ordinate support when needed by the family
Should identify cultural origins of victims family’s

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31
Q

ILO Iwi Liaison Officer

A

Enhance relations between family and investigators by providing an understanding and awareness of Maori culture, protocol and beliefs

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32
Q

Responsibilities of OC body

A

Complete sudden death procedure
Ensure death certified
Establish if the body has been moved or disturbed
Note and record observations relating to the body
Photograph body at the scene and at post mortem
Note details of medical staff or others who have attended to the victim
Record, label and secure all samples and exhibits related to the body

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33
Q

What are the three categories of a victims medical status

A

Alive and uninjured
Alive but injured
Shows no signs of life

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34
Q

The OC body must hand all exhibits to the OC Exhibits in order to maintain an unbroken chain of custody, they should also provide the OC exhibits with

A

Post mortem exhibit schedule
OC body notebooks
OC body statement

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35
Q

Photographs of the body are taken at the mortuary describe the instructions to be given to the photographer

A

Photograph the body before it’s stripped
Photograph the body after its stripped
Close ups of any wounds, marks, injuries, unusual features

Must use a measure scale

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36
Q

Describe who the term family relates to

A

Partners, parents, siblings, children, guardians
Any others who have had a direct and close relationship with the victim
Should reflect the victims culture

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37
Q

Area canvas what are the purposes of a methodically conducted area canvas

A

Often there are links between the scene and the offender, victim and witnesses

38
Q

Why is it important in some cases to conduct an area canvas at the same time as the offence occurred

A

To ID people who often use that area at the same time of day

Provides a snap shot of the community at the time and place when the offence occurred

39
Q

What approaches can be made during an area canvas

A

Door to door enquiries
Media
Poster
Mail Drop
High profile police presence

40
Q

How can an OC keep morale up during a canvas

A

Regular feedback how is is helping investigators
Included in briefings
Logistics for toileting, meals and refreshments

41
Q

What details should the OC Area canvas record in a detailed master record

A

Which addresses visited
Which occupants interviewed
Documentation completed
Any relevant comments made

42
Q

OC area canvas to submit a final report what matters should it contain

A

Summary of all action taken
Significant findings
Any action undertaken outside original phase strategy

43
Q

How does criminal profiling unit or geographic profilers assist the area canvas

A

Setting parameters or identifying locations where suspects are likely to frequent or to reside

Parameters may be set with natural boundaries such as railway lines or roads

44
Q

How should Police who have had first contact with the informant to a serious offence be treated

A

Should be debriefed and a full record made of their account
Important if the informant is later identified as a suspect
Consider interviewing such officers as investigatively important witnesses

45
Q

State the types of information that could be obtained by an early preliminary witness interview

A

Early ID and arrest of suspect
Evidence and info relating to the offence
Preventing CADD of evidence
Percent further offending

46
Q

When a witness is in court what material may a witness Use to refresh their memory prior to giving evidence

A

Read any previous singed statements or interview transcripts

47
Q

Witness control ensure witness does not

A

Have any contact with the jury
Discuss the case in public areas
Discuss the case with finesses waiting to give evidence

48
Q

What responsibilities does OC suspects have when an alibi is put foward by an offender

A

Determine the veracity of the alibi and fully report the results to the crown and OC

49
Q

What information should be gained by a complainant or informant

A

ID and location of suspect
ID of victim
ID of others at the scene
Full contact details
Relationship to witness or suspect
Demeanour
Details of action taken and where they had been
A first hand account of what they know about the incident
Precise details of the scene location

50
Q

During the course of some trials witness intimidation may occur what can the OC do

A

Inform OC investigation of a witness expresses concern for their personal safety or have been subject to threats or intimidation and wants police protection or assistance
Maintain regular contact with the witness

51
Q

What can be obtained from a witness at the scene

A

Plan and prepared recovery of physical evidence from witness include
Footwear
Glass fragments
Clothes
Fibres
Fingerprints
DNA
Bodily fluids

52
Q

Two reasons why it is important to do a risk assessment relating to a witness of a serious offence

A

Establish if witness at risk of intimidation or physical harm
Intimidation may result in witness not wanting to provide information for Fear of going to court or harm

53
Q

During the course of some trials witness intimidation may occur. What can the OC investigation do to mitigate this

A

Arrange for evidence to be given in an alternate way
If serious threat to life should be dealt with by National Witness protection programme
Witness may be entitled to anonymity obtained by way of application or order from the judge

54
Q

When appointing an officer to interview a witness to a serious offence what main issues should be considered regarding the potential interview

A

Availability of witness
Wether the witness requires speacial consideration/assistance
Best approach to take with the witness

55
Q

What four matters should the OC Suspects encompass in the briefing

A

Circumstances of the offence including scene and witness evidence
Full details do suspects or POI
Description of the suspect
MO or crime signature

56
Q

When a crown solicitor directs police to interview alibi witnesses what action should police take

A

Make enquiries to o determine the veracity of the alibi including NIA checks
Forward any results to the crown including statements taken

57
Q

When investigating any alibi offered the OC suspects must

A

Establish where the suspect was, who they were with and what they were doing
Compete enquiries with people other than the alibi supplied
Corroboration of the alibi should be sought from sources independent of the suspect

Police not obliged to disclose enquiries around alibis

58
Q

In a serious crime a doctor may examine a suspect, what can a doctor do

A

Note any wounds, marks or injuries take photos of them
Provide a professional option regarding the condition of the suspect
Record any explanations made by the suspect
Take body samples
Saliva, blood, pubis hair, swabs of hands, swab for firearm residue

59
Q

The OC suspects must investigate all suspects thoroughly in order of priority as decided in consultation with the OC investigation what particular aspects may influence the setting of priorities

A

The relative weight of evidence
The likelihood of the suspect leaving the area
The urgency in solving the case
The availability of staff
Where no firm lines of enquiry priority given to anonymous info

60
Q

OC suspects must regularly debrief their team members on

A

Results of enquiries to maintain flow of information
At conferences
Between members of suspect teams and other investigation staff
Important information must be reported to OC investigation

61
Q

Four ways of avoiding cross contamination between multiple suspects

A

Seperate officers for each suspect
Transport in different vehicles
Kept in seperate cells
Clothing packages sealed and labelled

62
Q

When interviewing a suspect the OC suspect must ensure the interviewer

A

Interview is conducted on accordance with the suspect investigative interviewing guide
Monitored by experienced detective to ensure key points are covered
An explanation is sought from a suspect for any exhibits found

63
Q

What are the initial actions of the disclosure manager

A

Read disclosure managers desk file
Access the serious crime template
Report to 2IC for briefing, tastings establishing what information is and is not discoverable

64
Q

Explain the process relating to consultation with the crown regarding witness considerations

A

File manager and 2IC must have an early consultation with the crown to manage witnesses in need of special consideration and who may need to give evidence in alternative ways

65
Q

How should defence counsel communication be conducted

A

Through 2IC or crown

66
Q

What information should the disclosure manager provide to the crown

A

An identical copy of all material disclosed to defence
An unedited copy of the material

67
Q

Section 10(4) disclosure act obligation

A

Disclosure may be supplied on whatever form including electronically theta the person disclosing the info holds it in at the time of the request, provided this will be readily accessible to the defendant

68
Q

Disclosure manager key responsibilities

A

Discoverable material provided to defence counsel
Non discoverable material identified and defence advised
Lawful justification must exists to withhold
Retain all correspondence with defence
Record all disclosure packages in NIA

69
Q

Who should be OC exhibits

A

OC exhibits who has previous experience in
Mass exhibit handling
Managing cross contamination
Forensic awareness
Procedures for packaging sealing etc
Use of serious crime template

70
Q

What are standard operating procedures for OC exhibits

A

Responsible for establishing required standards for
Recovery
Handling
Packaging
Labelling
Storage
Preparing and presenting exhibits in Court
Disposing if exhibits

71
Q

What specific matters regarding each exhibit must the OC exhibits determine

A

An appreciation and interrogation of them to establish
Evidential value
Investigation opportunities
Further enquiries

72
Q

responsibilities of the OC exhibits in a serious crime investigation

A

Establishing and maintaining exhibit management systems
Maintains physical security and continuity of all exhibits

73
Q

Why is it important to develop a forensic strategy for the examination of exhibits

A

Allows OC exhibits to prioritise tasks with the direction of the investigation

74
Q

What action should the OC exhibits take when an exhibit requires further enquiries

A

Highlight to 2IC so follow up enquiries can be initiated

75
Q

Deceive the chain of custody and it’s purpose

A

Every person who has had custody of an exhibit from the time it’s for at discovered until it is produced in court it is used to demonstrate the integrity and admissibility of exhibits
Achieved by recording physical location in prop

76
Q

What action can be taken to preserve the integrity of an exhibits register

A

Secured so only OC exhibits and OC investigation can make changes

77
Q

What should OC exhibits do when attending all forensic strategy meetings

A

Maintain liaison between OC investigation 2IC ,other OC phases, ESR and other specialists for matters relating to exhibits

78
Q

Describe topics to be covered at a forensic strategy meeting

A

What examinations ESR And others could conduct on exhibits
The priority each examination should receive
Wether any work is needed to assist a reconstruction

79
Q

OC exhibits should update the OC and 2IC with relevant info relating to

A

Exhibits found
Examination results
Wether further enquiries are required

Must update register with results of examinations

80
Q

What is meant by t evidence transfer

A

Trace evidence can be transferred from one item to another, if evidence transfer occurs via a third party during the investigation this suggests cross contamination

Can be import at if found on a significant exhibit

81
Q

While an exhibit was under their control each person with custody of the exhibit must be able to demonstrate

A

When, why and who they revived custody of the exhibit
Where the exhibit was stored
When, why and how the exhibit moved location
How exhibit handled, guarded, preserved

82
Q

What samples can be taken from the body at the scene

A

Firearm residue
Items of clothing
Larvae and insects
Loose hairs
DNA swabs
Glass/paints
Fingerprint evidence

83
Q

Why should the OC investigation, Area canvas and suspects attend the scene at an early stage

A

To conduct recon and appreciation to set parameters, decide objectives of the canvas,

84
Q

3 steps to the Suspects team

A

Identifying and profiling
Arrest and determination
Interviewing

85
Q

What exhibits can you or take at the scene prior to the body being moved

A

Forearm residue
Insects and larvae
DNA swabs

86
Q

When appointing an officer to interviewing a witness to a serious offence what are the main issues that should be considered

A

Level of training
Experience interviewing witnesses
Suitability of the officer to do the interview
Other skills that may be advantageous

87
Q

What should you consider in relation to suspects at the scene

A

Condition of the suspect
Injuries
Alcohol or drugs
Medical or mental condition
Other special considerations

88
Q

Exhibit ranges

A

Admin 10,000
Victim 15,000
Witnesses 20,000
Area canvas 25,000
Scene 30,000
Suspect 70,000
Disclosure 50,000

89
Q

Types of conferences

A

Initial conference
Regular conference
Debriefing conference
Phase team conference

90
Q

When examining the lifestyle of victim, sources of information frequently fall into one of two categories

A

People and passive data

Criminal Liabilities (5 decks)

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