Investigations
What is an investigation?
Systematic collection of facts/information for the purpose of describing and explaining an incident
What is testimonial evidence?
What people communicate to us about their memories of observations the have made: what people tell us they saw, heard, tasted, felt or smelled. It can be given orally, sign language or communication board.
What are the 3 critical values of conducting an investigation?
Speed
Thoroughness
Objectivity
What are the 5 W's plus H- Standard Operation Procedure words to avoid leading questions?
Who, What, Where, When, Why, and How
What is incompetence associated with Testimonial evidence?
1. Neurologically impaired memory ( can't remember the event, i.e. Alzheimer)
2. Doesn't understand the difference between telling the truth and telling a lie
What are relevant facts?
Facts which have the potential to help describe and explain an incident.
What is documentary evidence?
represents the manner in which we preserve testimonial evidence, including other agency documents such as consumer records, memos, policies, assignments sheets, unit logs, physician reports, etc.
In developing the investigatory question, the investigator should include the (____) and (____).
(time)
(space)
What are incident interviews?
The interview of witnesses who were at or about the scene of the event
What is an opinion testimony?
What someone speculates she or he would have observed had they been there. (Buzzwords: think, thought, I believe, perhaps, maybe could, should've) (Lead)
What is the investigatory question?
a question identifying the purpose of the investigation- helps to determine relevant facts. The ultimate question or questions which must be answered.
What is physical evidence?
Tangible evidence such as injuries or lack of injuries, weapons, bodily fluid, ect. It also includes the spatial relationships between objects or persons at a scene, such as the location of the entrance to the building in relation to scene of the incident. You must collect the specific object involve in the incident, not one that is just like it.
What is the role of the investigator?
*Speak to the supervisor and/or medical professional
*Collect physical evidence and / or create demonstrative evidence
*Conduct Interviews
* Collect and review all documentary evidence
* Conduct background, and/or follow up interviews
What are exploratory interviews?
When incident report lacks time/space detail of occurrence.
interview anyone who could have been in contact with time/space of the event.
What is an expert testimony?
Based on education, training, or experience, someone is allowed to speculate about what happened.
Role of the Supervisor
Ensure anyone injured receives appropriate attention
Secure the scene
Keep witnesses at the scene separated
Secure documentary evidence
What is demonstrative evidence?
The way we preserve physical evidence, including pictures, diagrams, maps and x-rays. Pictures show color and shape best, while diagrams illustrate spatial relations. A video of the actual event will show what happened, but it will not explain motive. e.i security cameras videos.
What are the 5 types of interviews?
Incident
Exploratory
Background
Follow-up
Interrogation ( we do not conduct interrogations)
What are background interviews?
Interview of anyone who has relevant information not derived from the scene of the event.
Examples: Supervisor re: relationships; medical professional re: expert testimony.
What is hearsay testimony?
What someone testifies about what another person observed. In court hearsay is not admissible.
( lead)
Exceptions: admission v. self interest, excited utterance
What order should you interview your witnesses?
Reporter, Victim, Eye-Witnesses, Circumstantial Witnesses, and Target / Perpetrator
What is direct and circumstantial evidence?
Direct: eyewitness testimony
Circumstantial: any other information which , although relevant, does not answer the question conclusively, even if true.
* Mark all objects clearly (by tagging or labeling) - date, place, time, investigator name, identification
* Objects placed in a secure locker or space, that's only accessible to the investigator
* Maintain evidence log - to document who removed, name of person who removed the item(s), date it was returned
What are follow up interviews?
Questions forgot to ask
Questions about new issues raised since earlier interview.
Resolve discrepancies in evidence.
What are 3 follow up questions, when a witness states they have witnessed the incident?
Who did you see? or What happened?
What time was it?
Where were they?
Extra Answers:
What did you heard?