30-504-502Application of Investigations
Course Information
Description
Through classroom lecture, on-campus lab, and WI Department of Justice 720 Academy integration exercises students will learn and apply skills addressed in the following Phase III topics of the Department of Justice 720 Academy curriculum framework: Ethics II: Moral Reasoning and Professional Conduct, Cultural Competence II, Interrogations, Testifying in Court, Crimes III and Physical Evidence Collection.
Total Credits
1
Course Competencies
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III.Z.1. Develop sensitivity to ethical issues that are likely to arise in law enforcementAssessment Strategiesethical case studiesCriteriaidentify at least one ethical dilemmaidentify at least two parties affected by the dilemmalist at least one potential action or inaction for each casedescribe a possible consequence of any action or inactionmake discussion points conciselisten to the comments of others
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III.Z.2. Reason carefully about ethical conflictsAssessment Strategiesethical case studyCriteriaidentify competing values and principlesstate a recommended course of actiondefend the course of action based on the Code of Ethics and/or Oath of Honor
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III.Z.3. Integrate professional norms and values into your personal identityAssessment Strategieswill decide on a course of action for a case study based on professional standardsCriteriastate the ethical dilemmaname the decision-making model useddefend the decision based on the components of the model usedrelate the decision to accepted professional standards/codes of conduct
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III.Z.4. Exhibit competence in ethical problem solvingAssessment Strategiesethical dilemma role playCriteriaexplain which part of the role play was most challengingexplain ways the character could improve their ethical behavior
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III.V.1. Interpret state and federal laws related to discrimination and diversityAssessment Strategiesdiscuss current law enforcement cases involving law enforcement profiling and how it affected the officer, agency, and communityresearch projectCriteriaexplain what they learned about a culture they do not identify with and explain how their views changed by learning more about that cultureexplain the difference between investigative profiling, providing suspect descriptions, and racial profiling (explaining that racial profiling is not culturally acceptable)
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III.V.2. Describe how biased policing affects the agency and the communityAssessment Strategiesdiscussion on how implicit bias affects their agency and the communityCriteriadiscuss ways to monitor and attempt to control their hidden attitudes before they are expressed through behaviorexplain that they can control these hidden attitudes by being aware of their language, body language, and attention to the stigma felt by target groups
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III.A.1. Examine the fundamentals of interrogationsAssessment Strategiesdiscuss the basic steps used in both interviewing and interrogating individualsCriteriaexplain that interviews are typically conducted with victims and witnessesexplain that the goal of an interview is to find out as much relevant information as possible about an event while also putting the victim or witness at easeexplain that interviews tend to be friendly, loosely structured, and non-confrontationalexplain that interrogations are typically conducted with suspectsexplain that the goal of an interrogation (assuming the suspect is actually guilty) is to establish the suspect’s guilt in a court-presentable wayexplain that interrogations are controlled and directed (the officer asks the questions) and may involve the suspect being at a psychological disadvantageexplain that interrogations are accusatory in nature and that you must advise the suspect of certain legal rights before proceeding with an interrogation if the suspect is in custodydescribe a good interviewer as inquisitive, observant, energetic, good communicators, problem solvers, and patient
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III.A.2. Conduct interrogations*Assessment Strategiesconducting an electronically recorded custodial interrogation with a suspectCriteriaPreparation and Planning:gather as much information as possible about the suspect and incident as possible before the interrogationidentify what elements of the crime must be proven prior to the interrogationassess what evidence is available and assess what evidence is still needed and how it can be obtainedcreate an effective interrogation environment (room set up, number of interviewers, etc.)Engage and Explain:introduce self and provide instructions and explain the procedure for the interrogationencourage the suspect to provide information freely rather than only responding to specific questionstake time to explain what is going to happen and explain the expectations of the suspect during the interrogationAccount Clarification and Challenge:ask the suspect to tell, in his/her own words, what happened with minimal interruptionsafter the suspect provides a narrative, follow up with relevant, probing questionschallenge the suspect’s account when necessaryClosure:review notes and other materials for completeness and accuracyask the suspect if there is anything he/she wants to addencourage the suspect to contact you if he/she has more information in the futurethank the suspect for his/her cooperation and close the interviewEvaluation:examine whether the goals and objectives for the interrogation were achievedreview the investigation in light of the information obtained during the interrogationreflect upon how well you conducted the interrogation and consider what improvements could be made in the futureAdditional Performance Criteria:understand that custodial questioning requires Miranda warnings to be given and requires that the suspect voluntarily agree to answer questionsexplain the steps used to record custodial interrogationsdescribe techniques you can use when an interviewee fails to cooperate in an interview/interrogationdescribe what ethical interviewing means and how to apply ethical principles during an interview/interrogationassess the credibility of an individual’s story or answers to your questions during an interview/interrogation
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III.B.1. Prepare for courtAssessment Strategiesdescribe an officer’s role in a preliminary hearing and a criminal trialCriteriaPreliminary Hearing:describe that in felony cases, a preliminary hearing is held (unless the defendant waives his or her right to have one) to determine whether a crime was committed and whether there is probable cause to believe that the defendant committed the crimedescribe that a preliminary hearing is held before a judge, not a juryidentify that the prosecutor presents the complaint (usually based on the arresting officer's arrest report and any other associated reports)identify that the defense argues either that a crime was not committed or (more often) that the evidence against his or her client does not rise to the level of probable causeidentify that if the judge finds in favor of the prosecution, the defendant enters a plea, and a trial date is setreview the criminal complaint (often attached to the subpoena) if subpoenaed to testify at a preliminary hearingCriminal Trial:review their report and everything else that is available (for a criminal trial)become as familiar with the case as possibleexplain that in some cases, the prosecutor may want to discuss the officer’s testimony with before trial
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III.B.2. Describe how to be an effective witnessAssessment Strategiesdiscuss tips for testifying in courtCriteriadescribe the importance of presenting themselves as a professional in both appearance and demeanorexplain that they want their appearance to convey to the jury that they are a competent, careful, and thorough investigatordescribe two aspects that affect first impressions: how an officer dresses and how they carry themselvesdescribe how an officer’s demeanor - their body language, tone of voice, and facial expressions - contribute more than actual words to the jury's impression of the officerdiscuss how they should look and act in court (look interested and open to questions from both the prosecuting attorney and the defense attorney, look at both the attorney asking the questions and the jury, remain calm and attentive, and stay professional)explain that an officer’s behaviors and actions, even on social media such as Facebook, etc., can discredit an officer by calling their ethics, morals, and community trust into question
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III.B.3. Testify as a witness in courtAssessment Strategiestestimony on direct examinationcross-examination in a simulated environmentCriteriaAnswer questions accurately:ensure they understand what is being asked and that it is appropriate for them to respond (if they do not understand a question, ask for clarification)ensure they answer the question that is asked and then stop (resist the temptation to explain or justify your actions beyond what is requested in the question, particularly on cross-examination)make sure the answer is as accurate as they can make it (always tell the truth no matter what)Avoid traps:explain that verbal traps are designed to make you do one of two things: become defensive and say something that can be used to undermine your testimonyexplain that the first category includes questions that are aimed to make you feel that you haven't done something that you should have done or, conversely, that you have done something you shouldn't haveexplain that the second category deals with how you prepared for testimony and includes questions that are aimed to elicit statements from you that could be damagingexplain that you should not try to outsmart the attorney, instead, just do your best to be straightforward, neutral, and professional and to answer questions honestly and forthrightly
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III.R.1. Analyze facts, circumstances, and situations and determine which, if any, crimes involving drugs, alcohol or other criminal activity have been committedAssessment Strategiescriminal activity case studyCriteriaanalyze facts and circumstances of the case study and determines the correct crimeidentify the specific criminal statute and applicable subparagraphs that were violatedidentify special legal circumstances including self defense, attempt, party to a crime and defense of propertydetermine whether each element is present or not and make the correct arrest decisionidentify evidence that supports each elementidentify questions that need to be asked of people involved that are necessary to support the elements
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III.R.2. Analyze facts, circumstances, and situations and determine which, if any, forfeiture offenses have been committedAssessment Strategiesforfeiture offense case studyCriteriaanalyze the facts and circumstances of the case study and determine the correct violationidentify the specific criminal statute and applicable subparagraphs that were violateddetermine whether each element is present or notidentify evidence that supports each elementidentify questions that need to be asked of people involved that are necessary to support the elementscomplete the correct citation for the violation
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III.R.3. Analyze facts, circumstances, and situations and determine which, if any, crimes against persons have been committedAssessment Strategiesdetermine the crimes against person(s) and list supporting evidence for each elementCriteriaanalyze the facts and circumstances of each situation and determine the correct crimeidentify the specific criminal statute and applicable subparagraphs that were violatedidentify special legal circumstances including self defense, attempt, party to a crime and defense of propertydetermine whether each element is present or not and make the correct arrest decisionidentify evidence that supports each elementidentify questions that need to be asked persons involved that are necessary to support the elementscomplete a charging sheet
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III.R.4. Analyze facts, circumstances, and situations and determine which, if any, crimes against property have been committedAssessment Strategiesdetermine the crimes against property and provide supporting evidence for each element.Criteriaanalyze the facts and circumstances of each situation and determine the correct crimeidentify the specific criminal statute and applicable subparagraphs that were violatedidentify special legal circumstances including self defense, attempt, party to a crime and defense of propertydetermine whether each element is present or not and make the correct arrest decisionidentify evidence that supports each elementidentify questions that need to be asked persons involved that are necessary to support the elementscomplete a charging sheet
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III.X.1. Review the role evidence plays in criminal investigations and prosecutionsAssessment StrategiesReview the basics before processing a mock crime sceneCriteriainclude a clear explanation of procedures to protect all evidenceinclude a summary of the custody chain in both casesidentify any mistakes made with the custody chain in the case studies
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III.X.2. Apply the steps for processing crime scenesAssessment Strategiesprocess a mock crime scene (mandatory PAT)Criteriaevaluate current legal ramifications of crime scene searchesdiscuss the upcoming search with personnelselect, when feasible, a person-in-charge prior to arriving on scenecontrol the scene and keep unauthorized persons outapproach the scene carefullysecure and protect the sceneinitiate a preliminary surveyconduct a final surveyrelease the scene only after the final survey
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III.X.3. Apply appropriate strategies to locate, handle, and package evidentiary itemsAssessment Strategieshandling evidence from a mock crime scene (mandatory PAT)Criteriatake control of the scene on arrivalmark evidence location on a diagram/sketchensure that the evidence or container is initialed by the investigator collecting the evidenceseal all evidence containers at the crime scenedo not handle items excessivelydo not guess on packaging requirements – different types of evidence can require different containerswear glovesallow wet or damp evidence to dry before sealingassume that any relatively smooth area that gloves touch will destroy identifiable latent printsavoid unnecessary writing or marking on surfaces to be processed for latent printsuses a pencil for marking porous itemsavoid taping or sticking labels on the surfaces to be processed for latent printsdescribe crime scene considerations regarding digital evidencediscuss what digital forensics is, when it is needed, and whydescribe how to collect and handle the electronic device to prevent data from being destroyed or lostmaintain a chain of custody
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III.X.4. Document the crime scene *Assessment Strategiesdocumenting and sketching a mock crime scene (mandatory PAT)Criteriainterview questions include asking for user names, passwords, encryption, online account information, data storage/backups, networks and wireless devices, and case type specific questions – information must legally be obtained (search and seizure rules)prepare a narrative descriptiondo not permit the narrative to degenerate into a sporadic and unorganized attempt to recover physical evidencedocument first - collect second (under most circumstances)begin photography as soon as possibleensure a progression of overall, medium and close-up photos is establisheduse a photographic log, a scale when needed, and take photos from eye-levelprepare a diagram or sketch of the scenerepresent the scene in a "general to specific" schememake a rough sketch (normally not to scale) to use as a model for a finished sketchthe rough sketch includes specific locationthe rough sketch includes date, time, case identifier, and preparerthe rough sketch includes weather and lighting conditionsthe rough sketch includes a scale or scale disclaimer (as appropriate)the rough sketch includes compass orientationthe rough sketch identifies evidence locationsthe rough sketch includes measurementsthe rough sketch includes a key or legend