Course Title: Apply investigative processes within justice environments

Part B: Course Detail

Teaching Period: Term2 2015

Course Code: JUST5710

Course Title: Apply investigative processes within justice environments

School: 365T Global, Urban & Social Studies

Campus: City Campus

Program: C6124 - Advanced Diploma of Justice

Course Contact : Irene Pagliarella, Program Manager

Course Contact Phone: +61 3 9925 4581

Course Contact Email:irene.pagliarella@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Georgy Dumas
Email: georgy.dumas@rmit.edu.au

Nominal Hours: 80

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

Successful completion of, or demonstrated equivalence to, the following units of competency:

VU20861 Apply criminal law within justice environments
VU20862 Work with family violence contexts within justice environments
VU20863 Work with culturally diverse clients within justice environments
VU20864 Work with conflict resolution and mediation processes within justice environments
VU20865 Apply management and leadership within justice environments

And ONE of the following electives:

LGACOM406A Investigate alleged breaches of legislation and prepare documentation
CHCAOD402B Work effectively in the alcohol and other drugs sector

Course Description

In this course you will develop the skills and knowledge required to apply appropriate and relevant investigative skills and procedure to conduct investigations, gather, record, assess and present evidence in a court of competent jurisdiction.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU20852 Apply investigative processes within justice environments

Element:

1.Identify and apply responsibilities and legal obligations of investigative role within justice contexts

Performance Criteria:

1.1 Role, principles and responsibilities of an investigator in a justice environment are analysed
1.2 Legal boundaries and operational requirements of a criminal investigation are delineated and applied
1.3 Laws relating to obtaining information and the methods of gathering evidence are analysed and applied

Element:

2.Identify and apply evidence procedures

Performance Criteria:

2.1 Legal requirements and procedures at crime/events scenes are identified and applied
2.2 Physical and forensic evidence and their requirements are identified, collected, recorded, assessed and prepared for court
2.3 Legal requirements of comprehensive statement taking, note taking and conducting and recording an interview are identified, examined and applied
2.4 Law relating to admissibility of evidence is examined and applied and a brief of evidence that complies with current legal requirements is developed and presented

Element:

3.Investigate and apply the legal process of presenting a case for prosecution

Performance Criteria:

3.1 Methods used to bring a person before a court of competent jurisdiction are examined and applied
3.2 Court procedure involved in a hearing are analysed and applied
3.3 Function and responsibilities, including ethical duties, of persons and parties involved in criminal hearing are identified
3.4 Moot court is conducted, in consultation with relevant people, to check and evaluate determined skills, knowledge, attitudes and functions required for presenting prepared case for prosecution
3.5 Lessons learned are used to inform final preparation of case for prosecution

Element:

4.Apply sentencing principles to presenting a plea

Performance Criteria:

4.1 Five sentencing principles are critically analysed
4.2 Matters in mitigation are applied to a plea
4.3 Plea is developed, based on relevant sentencing principles and matters in mitigation, and evaluated in consultation with relevant people


Learning Outcomes


On completion of the course, you will be able to:
• Apply legal, ethical and operational requirements to investigate, gather evidence and prepare a case for prosecution within the Victorian criminal justice system
• Apply legal, ethical and operational requirements to prepare a plea within the Victorian criminal justice system
• Provide the evidence of knowledge of Victorian judicial, ethical and legal requirements of evidence gathering, recording, assessment of physical evidence and interviewing, including taking of notes and statements
• Provide the evidence of knowledge of Victorian judicial, ethical and legal requirements of criminal court procedures, preparation of prosecution cases and pleas
• Provide the evidence of knowledge of Victorian judicial, ethical and legal requirements of sentencing in Victoria


Details of Learning Activities

You will participate in a variety of learning activities in and out of class. Your in class activities will incorporate simulated workplace scenarios, practical demonstrations and student-led group discussions that focus on problem-solving and knowledge building skills relevant to identifying and responding to applications of law. You will exemplify your contextualising of class topics, and validate your learning with in class participation and integrated synthesised activities that will be supported by extended topic research, readings and case studies.

Your out of class activities will be inclusive of extended in class activities by application and participation in the Crime Scene Investigation camp in Semester 2. Further details will be provided closer to date.


Teaching Schedule

6 July 15 Session: Fourteen
• Summary of previous session
• Brief of evidence
• Documentation

13 July 15 Session: fifteen
Formative assessment SEVEN and feedback
• Summary of previous session
• Physical evidence and their requirements
• Fingerprints/footprints procedure
• Relevant legislation

20 July 15 Session: sixteen
• Summary of previous session
• Physical evidence procedure
• Physical evidence workshop

27 July 15 Session: seventeen
Formative assessment EIGHT and feedback
• Summary of previous session
• Forensic evidence and their requirements
• Forensic procedures
• Relevant legislation

3 Aug 15 Session: eighteen
• Summary of previous session
• Forensic Evidence – Practical workshop

10 Aug 15 Session: nineteen
Formative assessment NINE and feedback
• Summary of previous session
• Arrest, search and seizure
• Methods used to bring person to court
• Charge sheets, filing of charge sheets, summons and related judicial documentation
• Brief of evidence

17 Aug 15 Session: twenty
• Summary of previous session
• Jurisdiction of courts
• Hearing and appeals
• Function & responsibilities & ethical duties of parties at court
• Brief of evidence

24 Aug 15 Session: twenty-one
Formative assessment TEN and feedback
• Summary of previous session
• Format for giving evidence
• Stages of evidence
• Psychology of witnesses
• Pleas
• Use of contemporaneous notes

7 Sept 15 Session: twenty-two - Intensive at Bundoora
• Summary of previous session
• Introduction to crime scene/events
• Victims/informant/witnesses
• Just outcomes
• Coroners court

14 Sept 15 Session: twenty-three
• Summary of previous session
• Moot court preparation
• Camp preparation

21 Sept 15 Session: twenty – four - Intensive at Bundoora
• Summary of previous session
• Giving evidence
• Crime scene legal requirement
• Crime scene procedures
• Crimes scene practical

28 Sept 15 Session: twenty-five - Annual CSPP camp
• Simulated crime scene
• Action at crime scene
• Giving evidence Moot Court
SUMMATIVE ASSESSMENT TASK 1 Part 2 (Graded)
 

5 Oct 15
SUMMATIVE ASSIGNMENT TASK 1 part 1 (Graded)
Brief of evidence Workshop


12 Oct 15 Session: twenty-six
• Law Revision- All aspects
• Final workshop

17 Oct 15 LAW REVISION ALL DAY

19 Oct 15
Session: twenty-seven

SUMMATIVE ASSIGNMENT TASK 1 Part 1 (Graded)
Brief of evidence deadline 19 Oct 15

SUMMATIVE ASSESSMENT Task 2 part 2 (Graded)
Written Examination

 

NOTE: While your teacher will cover all the material in this schedule, the order is subject to change depending on class needs and availability of speakers and resources.


Attendance
It is strongly advised that you attend all sessions in order to engage in the required learning activities, ensuring the maximum opportunity to gain the competency.
We expect that students engage in learning through a combination of lectures, individual reading and study, meaningful feedback on written work and structured activities that encourage critical thinking and the development of discipline specific knowledge and practical skills.
Students are active participants and this course prioritises learning by doing. It is essential that students take ownership of their studies and work on developing skills as independent learners in time allocated away from lectures and class time.
As a student you need to demonstrate both knowledge and practical skills relevant to the course content within the classroom environment. Engagement with educators and other students is critical to you maximising learning opportunities and achieving satisfactory results. Participation in classroom discussion and activities will allow educators to apply observational assessment during role-plays, exercises and assignments and provide you with feedback.
You will be required to sign an attendance sheet and if you are absent from class, it is your responsibility to advise your educator and complete any written tasks that may have been allocated.
Students are required to carefully plan and use their time productively and submit assessments as required. All assessments tasks should be researched and drafted well in advance of the set submission dates.
The course will use blended learning techniques, including; lectures, discussions, activities in class and learner directed activities supported by a range of resources available in class and on Blackboard system

Feedback

You will receive verbal and written feedback on your work. This feedback also includes suggestions on how you can proceed to the next stage of developing your projects. Student feedback at RMIT :http://www.rmit.edu.au/browse;ID=9pp3ic9obks7

Student Progress
Monitoring academic progress is an important enabling and proactive strategy to assist you to achieve your learning potential. Student progress policy http://www.rmit.edu.au/browse;ID=vj2g89cve4uj1


Learning Resources

Prescribed Texts

Corns, C. & Tudor, S., (2009) ‘Criminal Investigation and Procedure The Law in Victoria’ Thomson Reuters (Professional) Australia Limited Pyrmont NSW

Nash, G., (2013) ‘Annotated Criminal Legislation Victoria’ Lexis Nexus, Butterworths, Australia


References

• Class handouts
• Victorian legislation and Parliamentary Documents (www.legislation.vic.gov.au)
• Australasian Legal Information Institute (www.austlii.edu.au)
• Australian Institute of Criminology (www.aic.edu.au)
• Magistrates Court (www.magistratescourt.vic.gov.au)
• Children’s Court (www.children’scourt.vic.gov.au)
• Coroners Court (www.coronerscourt.vic.gov.au)
• Department of Justice (www.justice.vic.gov.au)

• Victorian legislation:
o Crimes Act 1958
o Criminal Procedure Act 2009
o Magistrates Court Act 1989
o Summary Offences Act 1966
o Bail Act 1977
o Sentencing Act 1991
o Road Safety Act 1986
o Children, Youth and Families Act


Other Resources

GUSS Skills Central (http://Gussskillscentral.edu.au/) is a site developed specifically for students in the School of Global, Urban and Social Studies at RMIT. It provides links to a range of resources for supporting student work on assessments and negotiating university studies more generally.


Overview of Assessment

Assessments may incorporate a variety of methods including lecturers, tutorials, role-plays, practical exercises, case studies, observations, audio visual presentations, excursions, camp activities and interaction with individuals and groups in class and within the justice system.


Assessment Tasks

There are three assessable assessments for this semester, and in continuation of semester one’s work:

Task 1 Part 1- Prosecution case preparation (Graded summative assessment)
• Candidates are required to submit a criminal brief of evidence for prosecution using case study provided. In preparing the prosecution case, candidates are to apply legal, ethical and Victorian judicial requirements including relevant legislation and requirements as to the admissibility of evidence. Separate instructions are supplied to candidate at a suitable time during the semester. This task counts towards 35% of the overall grade for the semester.

Task 1 Part 2 – Crime scene investigation and giving evidence (Graded summative assessment)
• Candidates are required to attend a simulated exercise in crime scene investigation, including secure the crime scene to prevent contamination, gather evidence, and prepare statement for Court and giving evidence in a Moot court set-up. This task counts towards 20% of the overall grade for the semester.

Task 2 Part 2 - Written assessment (Graded summative assessment)
• Candidates are required to successfully complete a knowledge written assessment. This relates to materials presented during formal lectures on legal, ethical and operational requirements of investigations, criminal court procedures, preparation and preparation of prosecution cases including relevant legislation, judicial policies, court procedures and sentencing in Victoria.
• This relates to materials presented during formal lectures on relevant legislation, judicial policies, procedures and processes. This task counts towards 35% of the overall grade for the semester.

Formative Assessments (Ungraded monthly formative assessments)
• Candidates are required to provide evidence of progress in the application, knowledge and skills and understanding investigation law, the concept of crime scene protection and procedures, investigation, legal requirements relating to physical exhibits and admissibility of physical evidence


Students must achieve competency IN ALL assessment tasks to PASS this subject.


Assessment Matrix

This is available via MyRMIT/Studies.
The assessments have been designed to cover all Learning Outcomes and will be graded in accordance with RMIT’s Mark Table which is as follows:

CHD Competent with High Distinction
CDI Competent with Distinction
CC Competent with Credit
CAG Competency Achieved - Graded
NYC Not Yet Competent
DNS Did not Submit for Assessment
Grades which apply to course delivered in accordance with competency-based assessment (not-graded)

CA Competency Achieved
NYC Not Yet Competent
DNS Did Not Submit For Assessment
Assessment Deadlines
Any due date for any assignment is to be considered a deadline. You can submit work at any time prior to the submission date, but it must be into the Administration office by close of business (5pm) of the day the submission is due.


Assessment Format


As a student of the Justice VE program, it is expected that you adhere to the following criteria regarding essays/research/reports;


1. For an ADVANCED DIPLOMA written assessment task/s – no less than 2500 words, 5 academic references and ONE in-text citation per paragraph.
2. A paragraph is usually between 200 – 250 words.
3. A sentence is usually between 20 - 25 words.
4. American Psychological Association (APA) Referencing Style is the EXPECTED referencing style for Criminal Justice (VE).
5. We highly recommend that all students download a copy of the APA Referencing Guide which is available on the Blackboard or purchase a Pocket Guide to APA style from the campus bookshop.
6. APA Referencing system is to be used and all in-text citations must be recorded according to APA standards.
7. An academic reference is a scholarly source (journal articles that are peer reviewed, a published book, an approved government or organisation website etc).
8. Written reports, research projects or essays are to demonstrate an understanding of the concepts and familiarity with the prescribed or negotiated topics
9. It is expected that all submitted work will be well written, with clear and consistent grammar, expression and punctuation. It must be well structured and address the issues raised in the chosen topic in a logical ordered and organised manner.
10. Written submissions must demonstrate appropriate preparation, reading and research.
11. Double or 1.5 spacing and a font size of 10-12 must be used in either Arial or Times Roman. Do not submit double paged assessments.
12. All assignments to be submitted via the Drop Box (Building 37, level 2) and submitted via email to the Advanced Diploma email address to verify submission (advdipjusticeassignments@rmit.edu.au). Assessments must be submitted by 5pm (close of business).
13. Alternatively, your assessments can be uploaded into the assignment section of Blackboard as outlined in the assessment guideline provided to you by your Educator.
14. Written assessments will also be submitted with a Turnitin Report attached (as instructed by your Educator).

Other Information

Please refer to RMIT student page for extensive information about study support, assessment, extensions, appeals and a range of other matters:

Extensions
All assessment tasks are required to be completed to a satisfactory level and by the DUE DATE. If you are unable to complete any piece of assessment by a due date, you will need to apply for an extension.

In accordance with RMIT policy, you may apply for an extension where there have been unexpected or extenuating circumstances, e.g.

• Hospital admission, serious injury, severe asthma, severe anxiety or depression. This does not include minor illness such as a cold, period pain or hay fever.
• Loss or bereavement – e.g. death of a close family member, family/relationship breakdown.
• Hardship/trauma – e.g. victim of crime, sudden loss of income or employment, severe disruption to domestic arrangements.

You must keep a copy of your assessment until the graded submission has been returned or marks have been posted.

All email communications will be sent to your RMIT student email address.

An extension up to seven calendar days may be granted if good reason can be demonstrated. Include supporting evidence (such as medical certificates) with your application.

Extensions will not be granted where the relevant Course Coordinator/Program Manager is not satisfied that the student took reasonable measures to avoid the circumstances that contributed to the student being unable to submit the progressive assessment.

Extensions beyond seven calendar days cannot be granted by Course coordinators or individual educators.

Longer extensions

Extension of time longer than 7 days can only be granted through special consideration.

Please refer to the RMIT student page for extensive information about study support, assessment, extensions, appeals and a range of other matters: rmit.edu.au/students.

Applying for Special Consideration
If you are seeking an extension of more than seven calendar days (from the original due date) you must lodge an Application for Special Consideration form, preferably prior to, but no later than two working days after the official due date. Late applications will only be accepted in exceptional circumstances.
For information about Special Consideration and how to apply, see: http://www.rmit.edu.au/students/specialconsideration

Assignment Submissions:

The submission of assessments on the due date is the responsibility solely of the student. Students should not leave assignment preparation until the last minute and must plan their workloads so as to be able to meet advertised or notified deadlines.

The penalty for assignments submitted late will be 5% of the maximum mark per day late or part thereof.

Weekends and holidays will attract the same penalty as weekdays.

Assignments that are late by 7 days or more will not be marked and will be awarded zero.

Cover Sheet for Submissions
All assessment items are to be submitted with a University Assessment Coversheet. Students are responsible for ensuring they complete all sections of the Cover Sheet and that they have agreed to the Academic Integrity Declaration.

Retention of Assessments
The University is required to retain all essays, assignments, and other assessment materials for a minimum of six months from the date of issue of results.

At the completion of the six-month period, students can collect their assessments by prior arrangement with their Educator in Building 37, level 4, room 13.

In the event that assessment material is not collected within the time period, it will be destroyed. Material that relates to appeals that have not yet been finally determined will not destroyed.

Assessment Appeals
If you believe your assessment result or final result is wrong please contact the course coordinator and provide the reason why you think your result is incorrect. Valid reasons for seeking a review of results include:
• You believe an error has occurred in the calculation of the grade; or,
• You believe the assessment did not comply with criteria published in the Course Guide; or,
• You believe the assessment did not comply with University Policies on Assessment (i.e. an error in process has occurred).
• Full details of the procedure (including appeals procedure) can be located at this RMIT site: http://www.rmit.edu.au/policies/academic#assessment

Academic Integrity and Plagiarism - RMIT University has a strict policy on plagiarism and academic integrity. Please refer to the website for more information on this policy go to Academic Integrity.

Academic integrity means honesty and responsibility in scholarship through respecting the work of others whilst having the freedom to build new insights, new knowledge and ideas. RMIT University upholds the values of academic integrity as fundamental to the scholarship undertaken by all members of its community. Whenever you refer to another person’s research or ideas (either by directly quoting or paraphrasing them) you must acknowledge your source.
If you are even in doubt about how to properly cite a reference, consult your lecturer or the academic integrity website: http://www.rmit.edu.au/academicintegrity

The RMIT library provides tools to assist with your referencing http://www.rmit.edu.au/library/info-trek/referencing

Plagiarism and Collusion
Plagiarism and collusion constitute extremely serious academic misconduct, and are forms of cheating. You are reminded that cheating, whether by fabrication, falsification of data, or plagiarism, is an offence subject to University disciplinary procedures. Plagiarism is the presentation of the work, idea or creation of another person as though it is your own. It is a form of cheating and is a very serious academic offence that may lead to expulsion from the University. Plagiarised material can be drawn from, and presented in, written, graphic and visual form, including electronic data, and oral presentations. Plagiarism occurs when the origin of the material used is not appropriately cited. Plagiarism is not acceptable.

Examples of plagiarism include:
• Copying sentences or paragraphs word-for-word from one or more sources, whether published or unpublished, which could include but is not limited to books, journals, reports, theses, websites, conference papers, course notes, etc. without proper citation;
• Closely paraphrasing sentences, paragraphs, ideas or themes without proper citation;
• Piecing together text from one or more sources and adding only linking sentences;
• Copying or submitting whole or parts of computer files without acknowledging their source;
• Copying designs or works of art and submitting them as your original work;
• Copying a whole or any part of another student’s work; and
• Submitting work as your own that someone else has done for you.
• Enabling Plagiarism: the act of assisting or allowing another person to plagiarise or to copy your own work is also an offence.
For further information, please see the RMIT Plagiarism Policy – http://www.rmit.edu.au/browse;ID=sg4yfqzod48g1 – and the RMIT Student Discipline Statute and Regulations - http://www.rmit.edu.au/browse;ID=11jgnnjgg70y

Plagiarism Software
The originality verification software Turnitin may be used in this course. For details, see: http://www.turnitin.com

Complaints Procedure:
RMIT University is committed to providing a harmonious study and work environment for all students and staff. The University recognises your right to raise concerns about academic, administrative or support services without recrimination and has policies and procedures to assist in the resolution of complaints.
Most issues are resolved at the local level and you are encouraged to take steps to resolve your issue locally. The student complaint procedure details steps to take if your problem is not resolved or you believe the response you received is unreasonable.
Student Complaints Policy: http://www1.rmit.edu.au/policies/studentcomplaintspolicy
Student complaints Procedure: http://www1.rmit.edu.au/browse;ID=i1lexipvjt22
Student Complaints Form: http://mams.rmit.edu.au/v4ujvmyojugxz.pdf
 

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