Flashcards in Conduct Invetigations and Identification of Offenders Deck (76):
For a serious crime investigation there are two team, what are they?
The investigation team and the support team.
What does the investigation team do?
Physically make enquiries to solve the case.
What are the phases and investigation is divided into for the investigation team?
Area Canvas, General Enquiries, Passive Data Generators, and Suspects and person of interest.
What does the support team do?
Provides support resources for the investigation team, to help organise and process the information gathered.
What are the two key tasks of an investigator?
1. Gathering and preserving evidence, and
Investigators have to have good decision making. Appropriate and accountable decision making is based on an investigators knowledge of what?
- The legal framework
- Characteristics of crime
- National policies and procedures
Good decisions are based on a 7 step sequence, what is step 1?
Acknowledge there is a situation or problem that exists in which it is necessary to make a decision. Ask:
- What is the problem here or what will be the problem soon?
Good decisions are based on a 7 step sequence, what is step 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?
- What do I already know about it?
Good decisions are based on a 7 step sequence, what is step 3?
Formulate a clear objective. Ask:
- What are we aiming to achieve?
Good decisions are based on a 7 step sequence, what is step 4?
Gather all the data and information required to determine the ways in which the aim might be achieved.
Good decisions are based on a 7 step sequence, what is step 5?
Draw up a list, based on the information, of all the possible ways in which the aim might be achieved.
Good decisions are based on a 7 step sequence, what is step 6?
Weigh and study each of the 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?
Good decisions are based on a 7 step sequence, what is step 7?
Prepare a plan for putting the selected course into action.
There are some factors an investigator needs to take into account which can affect their decision making, what are these factors?
- Individual Bias
- Verification Bias
- Availability Bias
What is Individual bias?
When an individual is unconsciously affected by their perceptions of people, places, or situations. When an individual fails to recognise the effect of their perceptions on their thinking and decision making, e.g. prejudice, diversity, criminal record.
What is Verification bias?
Verification bias occurs when thinking is channelled towards focusing on decision that support a certain point of view, thereby overlooking other alternative lines of enquiry or sources of material, e.g. a witness account that wrongfully identifies an offender.
What is Availability bias?
Availability errors occur when a person bases their decision making on material that is vivid and dramatic, emotionally charged, but it may not reflect the scope of the material available on which to make a correct decision, e.g. focusing on a victim's account and overlooking the collection of forensic evidence.
The Appreciation technique is a cognitive tool for an investigator to take a disciplined approach to decision making. There are 4 steps to make an appreciation, what is step 1?
The aim or objective is a short statement of intent beginning with a verb. It should express your aim/objective clearly, concisely and in definite terms. It should be brief, to the point and there must be only one aim/objective, e.g. "To safely execute a search warrant at 123 Fake street" or "Solve the serious assault at 45 Fake Street" etc.
What is step 2 of the appreciation technique?
A factor is a statement of truth about some known influence or circumstance.
Identify and consider the factors that will affect your aim or objective.
Examine all the information you have regarding the situation or problem. This step in the process is a risk assessment.
Identify what must be done to reduce risk and identify the resources you will require.
What are some of the possible factors you should consider?
Factors that often need to be considered in an investigation are:
- the time available
- possible suspects
- available witnesses
- material located to date
- policy and procedure required
- know history of the parties
- records that can be tapped
- the weather at the time
What should you do when you have listed all your factors?
With each factor ask yourself "So what?" i.e. what are the implications of that fact? Asking "So what?" repeatedly helps to extract all important information implied by a fact.
Keep asking that question until all possible inferences are drawn.
What is step 3 of the appreciation technique?
Courses open are the options you can identify after having assessed the factors and the deductions made from those factors.
There may be many courses open in any given situation, and each course must be carefully examined and evaluated.
Having examined and evaluated all the available options, each course of action must be critically examined before deciding on the most appropriate course to take to achieve the "Aim".
What is step 4 of the appreciation technique?
Select the most appropriate courses for attention and plan the action you can take.
Review your plan by assessing:
- Is it more then likely to be effective?
- Is is proportionate? (Effort, time, resource)
- Is it achievable?
- Will it pass the SELF test?
There are two written forms of an appreciation, what are they?
- Full appreciation
- Short appreciation
What is a full appreciation?
A full appreciation is most often for high-level or difficult tactical or administrative problems.
What is a short appreciation?
A short appreciation is used for urgent or pressing problems requiring immediate action.
The short appreciation is also helpful for non-urgent problems that are not complicated or complex.
Why should you complete a written appreciation?
A written appreciation provides a record of decision making and shows why a certain course of action was taken. A written appreciation should be completed when:
- There are several points to be considered and there is a 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.
When carrying out a short appreciation what should you write down?
In the short note form, a written appreciation need only contain sufficient detail to ensure all relevant deductions may be made from it. Therefore, the amount that is written is the result of balancing the need for brevity with the requirement to include all the data pertinent to the problem, i.e. write down key words and details to show all possible deductions have been made.
An investigative mindset means you take a disciplined approach to gathering, recording, retaining and presenting evidence. Critical to an investigative mindset is your ability to exercise what?
- Critical thinking
- Decision making
- The appreciation technique
Use an investigative mindset throughout all stages of an investigation.
The investigative mindset is an attitude or state of mind that investigators adopt and develop over time. What are some of the core values that an investigative mindset should have?
Respect, integrity, and professionalism are inherent in the investigative mindset.
To develop an investigators mindset, you must have both theoretical and experiential knowledge. You understand that investigation is a process underpinned by four key areas of knowledge, understanding and skills. What are the four areas?
- Core legislation
- The characteristics of crime (nature of crime and criminal behaviour)
- National policies and procedures
- Investigative techniques.
There are two methods of criminal investigation: reactive and proactive. Their main difference is how they start with ether the discover of a crime or intelligence indicating that an individual or group is engaged in criminal activity.
The stages of a criminal investigation are consistent over the two methods. What are the steps?
- Initial investigation
- Investigation evaluation. Which will lead to no further
investigation, further investigation, or:
- Suspect management
- Evidential evaluation. Which will lead to no charge, further investigation, or:
- File preperation
When carrying out a criminal investigation we talk about gathering material. What is material and what are some examples?
Material is a substance of any kind, including information, objects, sounds and images obtained in the course of a criminal investigation that has some bearing on any offence under investigation or any person being investigated, or on the surrounding circumstances.
Material may or may not become evidence.
There are a number of potential sources from which material is gathered, what are some of the sources?
- Locations, including scenes of crime and the victim's or suspect's premises
- CCTV recordings, telephone records, banking and credit card records, intelligence databases.
In practice the most common forms of material are what?
- Physical exhibits such as weapons, clothing, stolen goods and biological or chemical material
- Audio or video recordings.
When gathering material from an investigation the aim is to gather as much admissible evidence as possible but not all material gathered will be in some cases. What three categories does gather material get put into?
When considering admissibility of evidence with regards to Part 2 of the Evidence Act 2006, what types of evidence does this cover?
- Statements of opinion
- Expert evidence
- Improperly obtained material
When gathering material why is important to gather all types of material even when it might not be admissible as evidence?
Material that is not admissible evidence may be highly valuable to assist the investigation. Such material may assist with the investigation activities or for generating lines of enquiry that may produce other relevant, reliable and admissible material and should always be gathered.
It is essential that material that can be gathered is obtained as early as possible, and that clear objectives are set for retrieving the material from the source in the best way possible. Why is this?
To maximise its quality and to avoid contamination.
What are the sources of material you should consider when starting a routine inquiry?
- Re-interview the witness/complainant
- Information sources - NIA, Intel office
- Local and government agencies
- Private businesses
- Scene examination.
With complex, prolonged or difficult cases you must produce a written plan with clear objectives for collecting and preserving any additional material as the investigation proceeds. Your planning and preparation should identify what?
- Collection of material will be maximised
- Legal, policy and procedure requirements are addressed
- Specialist technical equipment or expertise is used
- Most appropriate location to conduct the collection is prepared, e.g. interviewing suite, search warrant, Intel office.
Each source of material must be closely scrutinised. Therefore, as part of the collection process you must ensure what?
- Immediate action is taken in relation to the quality and preservation of material
- Its reliability is tested at the earliest oportunity
- Relevant records are made
- The material is appropriately stored.
Material examination is usually divided into three areas, what are the three areas?
The extent to which any area is relevant to a particular examination is determined by the material source and its characteristics.
With reference to material examination, what does interpret mean?
When material is examined an investigator interprets and draws inferences or logical conclusions about its potential use in the investigation. The more material gathered about a crime, the easier it is to draw inferences about the contribution a source can make to the investigation.
With reference to material examination, what does clarify mean?
Clarification involves identifying, explaining and understanding any inconsistencies or ambiguities the material contains. This may involve testing it against other material gathered or identifying actions to acquire further material to clarify it.
With reference to material examination, what does challenge mean?
Sources of material at first appearing to be reliable can be wrong, and material appearing to indicate one thing can later be found to support a totally different interpretation.
Therefore, you must continually challenge both the meaning and the reliability of any material gathered. Treat all material as possibly being wrong or to regard it as potentially misleading.
When challenging material what does the acronym ABC mean?
A - Assume nothing
B - Believe nothing
C - Corroborate everything
Following the examination of a source of material, decisions must be made about what?
- Examination records needed
- Storage required
- Conditions to be addressed for disclosure.
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 what?
- 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.
Applying the investigative mindset to the collection of material ensures what?
- The maximum amount of material is gathered
- Its 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.
What are the three types of formal evaluation in an investigative mindset?
- Investigative evaluation
- Evidential evaluation
- Self and peer evaluation
Investigative evaluation is undertake to determine what?
- What is known
- What is not known
Evidential evaluation considers what?
- The overall strength of the case
- Whether sufficient evidence exists against the offender to proceed to charge.
Self/Peer evaluation is done to address what?
- Review of assumptions and decision making
- Records organisation and management
- Information communication and dissemination
- Lessons learnt
Visual identification evidence means evidence that is what?
- An assertion by a person, based wholly or partly on what that person saw, to the effect that a defendant was present at or near the place where an act constituting direct or circumstantial evidence of the commission of an offence was done at, or about, the time the act was done, or,
- An account (whether oral or in writing) of an assertion of the kind described above.
What are the formal visual identification procedures?
- ID parade
- Photo line-ups
What are the seven requirements for formal visual identification procedure?
- It occurs as soon as practicable after the offence is reported.
- The suspect is compared to no fewer than seven others, who are similar in appearance to the person to be identified.
- No indication is made to the person making the identification about who among the people in the procedure is the suspect.
- The person making the identification is informed that the suspect may or may not be among the people in the procedure.
- A written record of the procedure followed is sworn to be true and completed by the officer who conducted the procedure, and is provided in court to the judge and defendant.
- A pictorial record of what the person making the identification looked at is prepared and certified to be true and completed by the officer who conducted the procedure, and is provided in court to the judge and defendant.
- The procedure complies with any relevant regulations.
What are the six good reasons for not following a formal visual identification procedure?
- The suspect refuses to take part in a formal procedure and Police do not already hold a photograph or video that shows a true likeness of the suspect.
- The suspect has a singular appearance (it cannot be disguised to make it similar to those the suspect would be compared to).
- The suspect has substantially changed their appearance after the offence occurred and before it was practical to hold a formal procedure.
- No officer involved in the investigation or the prosecution of the offence could have reasonably anticipated identification would be an issue at the trial.
- An identification of the suspect was made to an officer soon after the offence was reported and in the course of the initial investigation.
- An identification of the suspect was made to an officer after a chance meeting between the person who made the identification and the suspect.
What should you do if you wish to carry out a photo line up but do not have a photograph of the suspect?
Request that the suspect allow you to take their photograph.
What should you do if a suspect refused to have their photograph taken for formal identification, and there are no current photographs?
Document the refusal and make a note on the file for the reason as to why no formal identification procedure was followed.
Before conducting an identification parade you must select other participants, what are four rules to follow when selecting them?
- There must be at least seven other participants
- They must be of the same race as the suspect
- They must be of similar age, height, general appearance and social grouping as the suspect
- They must not be a police employee
When conducting an an identification parade you must advise the suspect of what?
- They are entitled to refuse to take part in the parade
- They are entitled to have a solicitor present
- The parade will, where practicable, be photographed
When conducting an an identification parade the witness must not be what?
- Allowed to see the suspect before they are placed in the parade
- Influenced by any opinion, or written or verbal description, from police
- Asked any leading questions that would draw their attention to any distinctive physical characteristic of the suspect.
What should you do if the witness does not feel able to face the participants directly?
Use a one-way glass viewing facility where available
When conducting an an identification parade ask the participants to stand about one meter apart, what else can you ask them to do to assist the witness?
- Wear or remove their hats
- Walk individually
You must ensure that a pictorial record is taken of the parade and that the venue has good light, what should you tell the participants about this?
Tell them the reason as to why the photograph is being taken and assure them that the negatives and prints will be adequately secured and destroyed when no longer required.
When conducting an an identification parade what must you ask the suspect?
- If they object to any of the participants or the way they are arranged
- Invite them to stand where they wish and change position after each witness has viewed the parade.
When conducting an an identification parade there are five things you must do with the witness, what are they?
- Tell them the person they are about to identify may or may not be in the parade
- Told not to hurry, to take their time
- Accompanied along the parade by the O/C parade
- Brought in one by one and asked to stand in front of, and point to, the person they identify
- Prevent from communicating with waiting witnesses when they leave
In some cases a witness will not make a positive identification or will pick someone other than the suspect, what should you do if this happens?
Ensure that the indication is recorded.
The O/C parade has three steps to complete once the ID parade is done, what is step 1?
Make a written record detailing the procedure used, the time date and place, and the name of the witness.
This must be completed using the Sworn Record of Formal Identification form. It must be sworn in front of a court registrar or solicitor and placed on the prosecution file.
The O/C parade has three steps to complete once the ID parade is done, what is step 2?
Recored the details of the witness and the participants (i.e. names, ages, address etc.) on the file or in your notebook.
The O/C parade has three steps to complete once the ID parade is done, what is step 3?
Put a certified pictorial record of what the witness looked at on the file.
Who else will the certified pictorial record be given to?
The judge, and the defence, but not the jury.
With regards to formal ID parades, if the defendant or a person acting on their behalf so requests, the prosecutor must supply them with what?
- The name and address of each identification witness whether or not that witness will be called
- Each witness's written description of the offender
- A copy of any identikit picture or other drawing made by any such witness.
If the witness could be in danger if their name and address is given to the defendant what can be done to protect them?
The judge may make an order excusing the prosecutor from supplying the name and address of an identification witness if they are satisfied that the order is necessary to protect the witness or any other person.