Module 4 Flashcards
(36 cards)
1
Q
There are two things to remember with consent searches:
A
- Consent can be withdrawn at any time.
- Search has to be reasonable.
2
Q
What is indictable offence?
A
Crime of serious nature
3
Q
Mens Rea - name 2 types
A
- General Intent
- Specific Intent
Mens rea can also include someone who ignores the likely outcomes of an action. An example is the fight where a person punches another, who falls down hits their head and dies
4
Q
Actus Reas
A
Latin for “guilty act”
- specific behaviours or actions that lead to the criminal act being committed
5
Q
Key Terms in Rules of Evidence
A
- Competent – refers to the fact that one is able to
provide evidence. - Compellable – refers to the ability to force one to
provide evidence.
6
Q
Summary Conviction
A
Considered to be a “less serious offence,” punishable by jail time, fine, or both.
7
Q
Indictable
A
Serious offences defined in federal law, with punishments more serious than for summary conviction offences.
8
Q
Hybrid (dual)
A
Offences which include both a summary conviction offence and an indictable offence; the individual will be prosecuted for only one type of offence.
9
Q
General and Specific Intent Differences
A
General - General intent means the person committing the crime actually intended to do something to another as opposed to having accidentally done so
10
Q
Purposes of an Investigation
A
- Gather information impartially, systematically and
professionally - Document all findings
- Engage in a process of formal inquiry to uncover
the truth - Generate factual reports and analyses
11
Q
What is an Investigator?
A
Any person or organization that undertakes to
investigate, perform surveillance, or seek or obtain
information about crimes, offences, contradictions
of enactments or misconduct or allegations of same
about:
12
Q
First Steps in an Investigation
A
- Identify the purpose or goal
- Clarify the scope
- Identify intended timeline for action
- Identify potential challenges and how they will be overcome
- Identify required resources
- Identify budget
- Timeline for reporting
13
Q
Reasons for Cognitive Failures
A
- Perception and memory problems
- Tunnel vision
- Assumptions – jumping to conclusions
- Failure to keep an open mind
- Intuition
- Failure to recognize key evidence
- Ego
- Fatigue
- Too much or too little information
- Groupthink
14
Q
Managing Investigative Risk
A
- Specifically, what is the goal?
- Are client’s needs client lawful and reasonable?
- Are client’s expectations realistic?
- Timeline?
- What do we know so far?
- How do we know these “facts” to be true?
- What information needs to be found?
- What resources will be needed?
- What challenges might we encounter?
- What risks might be logically foreseen in this
investigation?
15
Q
Common Investigative Techniques
A
- Interviews
- Taking of formal statements
- Surveillance of places and individuals
- Collection of physical evidence
- Collection of information from “open” and “closed”
sources - Undercover work
- Confidential sources
16
Q
Cognitive Interview
A
- Pre-interview planning
- Introduction. Build rapport between interviewer
and subject - Introduce the topic of the discussion
- Establish ground rules
- Free narrative
- Re-telling the story using differing memory
retrieval techniques [Optional step] - Questioning
- Conclusion
17
Q
Tips for Taking Statements
A
- Equipment
- Setting
- Planning
- Rapport
- The first question
- Let them talk
- Your questions
- Recap
- Write the statement
- Witness to read the statement
- Closing paragraph
- Signatures
18
Q
Surveillance
A
- On foot
- Mobile while driving a vehicle
- Static vehicle
- Static observation point or premises
- Using impersonations to call and check on an
individual - Use of closed circuit TV (CCTV)
19
Q
Covert Video Surveillance
A
- There is demonstrable evidentiary need
- Surveillance evidence achieves specifically the
intended purpose - Any loss of privacy in the conduct of the
surveillance is proportional to the benefit to be
gained - Less privacy-invasive measures have already been
attempted or considered.
20
Q
Surveillance Considerations
A
- Preparation
- Operator
- Equipment
- Location
- Execution
- Operator
- Equipment
- Location
- Delivery
21
Q
Collecting Physical Evidence
A
- Direct evidence
- Circumstantial evidence
- Continuity of evidence
- Handling and storage of evidence
- Describing an evidence field
- Forensics
22
Q
Common Open Sources
A
- Internet
- Libraries
- Court and Land Registries
- Regulatory bodies
23
Q
Case File Management Includes:
A
- Secure storage of paper and digital files, and
related evidence - Backing up digital files off-site via a secure server
- Formalizing client access to files
- Policy on archiving records
- Noting all those who acted on the file and what
they did - Noting actions to be taken, when, by whom and
how - Noting how evidence has been collected, stored,
reported and disseminated
24
Q
What makes an effective investigation?
A
- was conducted professionally, impartially and objectively
- was conducted within the law and professional guidelines
- had evidence collected appropriately
- saw that all parties involved were treated with respect and dignity
- saw that safety of all involved was paramount
- adhered to all timelines
- followed client requirements and guidelines
25
What are the qualities of a professional investigator?
* Have a sense of process, and understand its importance in an investigation
* Thoroughly document all facets of their investigation
* Have respect for evidence (what it is, its value, how to collect, preserve and document it)
* Take an analytical and creative approach to problem solving
* Have respect for all individuals, their values, and their presumed innocence
* Effectively use all investigative tools and resources available to them while remaining aware of clients’ needs and budget restrictions
26
Strategic approach to interviewing - PEACE
1. Planning and preparation
2. Engage and explain
3. Account, Clarify, Challenge
4. Closure
5. Evaluation
27
List the sequence of steps in a cognitive interview and explain each one.
1. Pre-interview planning by operative.
2. Introduction. Build rapport between interviewer and subject.
3. Introduce the topic of the discussion.
4. Establish ground rules (tell the truth; it‘s OK to say I don‘t know or I don‘t remember
5. Free narrative. The subject tells all they know, in their own words and uninterrupted. The interviewer will use active listening skills.
6. For skilled interviewers... Re-telling the story using differing memory retrieval techniques. Tell the story in reverse order.
7. Questioning. Using a combination of open and closed questions, the interviewer asks specific questions to clarify information from the narrative or inquire into new information.
8. Conclusion. The interviewer asks if the subject can remember anything else of value that the interviewer did not ask about.
28
Questions to ask yourself prior to a cognitive interview
1. What questions do you want to ask?
2. How will you build rapport between yourself and the subject?
3. How will you introduce the topic of the discussion?
4. How will you establish ground rules (tell the truth; it’s OK to say “I don’t know” or “I don’t remember;” subject can ask for a break or a question to be repeated)
5. How will you open up the opportunity for the subject to provide a free narrative? This is where the subject tells all they know, in their own words and uninterrupted. You as the interviewer will demonstrably pay close attention and subtly encourage the individual to keep talking.
6. What might you do to allow for the re-telling of the story? This is an optional step where you might use differing memory retrieval techniques. What techniques have you learned so far?
7. How can you use a combination of open and closed questions? Where might you ask specific questions to clarify information from the narrative and where might you inquire into new information?
8. How might you conclude the interview? How will you determine if the subject can remember anything else of value that the interviewer did not ask about?
29
Three phases to surveillance
1. Preparation
2. Execution
3. Delivery of information to client
30
Phonetic Alphabet
A -- Alpha
B -- Bravo
C -- Charlie
D -- Delta
E -- Echo
F -- Foxtrot
G -- Gulf
H -- Hotel
I -- India
J -- Juliet
K -- Kilo
L -- Lima
M -- Mike
N -- November
O -- Oscar
P -- Papa
Q -- Quebec
R -- Romeo
S -- Sierra
T -- Tango
U -- Uniform
V -- Victor
W -- Whiskey
X -- X-Ray
Z -- Zulu
31
LEAPS
Listen, Empathize, Ask, Summarize, Paraphrase
32
Seven Steps for Effective Communication
1. Watch your non-verbal language
2. Use plain language
3. Stay focused
4. One question at a time
5. Use alternative means of communication
6. Check for understanding
7. Remain patient
33
Types of Reports
* Administrative
* Operational
* Forma
34
Human Rights Act
1. Statements, publications, notices, and signs
2. Tenancy
3. Employment practices, applications, and ads
4. Goods, services, and accommodations
5. Membership in trade unions, employers’ organizations, or occupational associations
35
Criminal Code of Canada - Name 3 classifications of offence
Summary conviction
o Considered to be a less serious offence
o Punishable by jail time, fine, or both
o Maximum of up to 6 months in jail, or up to $2000 or any combination of the two to the maximums
o Statute of limitation of six month
o Examples are indecent acts, unlawful assembly, causing a disturbance, loitering, trespassing by night, obtaining food or lodging by fraud
Indictable Offence
o Offences defined in federal law, where punishments are more serious
o Maximums are set out in each particular case
o No statute of limitation to lay charges
o Examples are weapon or imitation dangerous to the public peace, aggravated assault, assault with a weapon, theft over $5000, robbery, break and enter with the intent to commit an indictable offence, arson, possession of counterfeit money
Hybrid (also called dual procedure)
o The charge is the same but the difference is in the options for trial procedures and the penalty the individual may receive upon conviction
o Examples are possession of a prohibited weapon, public mischief, failure to stop at the scene of an accident, sexual assault, theft or possession of stolen property under $5000
o For the purpose of arrest these are considered indictable offences with no statute of limitations
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