Course Title: Apply Investigative Processes in a Justice Environment
Part B: Course Detail
Teaching Period: Term2 2010
Course Code: JUST5143
Course Title: Apply Investigative Processes in a Justice Environment
School: 365T Global Studies, Soc Sci & Plng
Campus: City Campus
Program: C6077 - Advanced Diploma of Justice
Course Contact : Georgy Dumas
Course Contact Phone: +61 3 99254203
Course Contact Email:georgy.dumas@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Nominal Hours: 75
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
- Work in a Legal Environment
Course Description
This course covers the skills and knowledge required to examine and apply the Investigative Skills and procedures to conduct an investigation: to gather, record and present evidence in a court of law, together with an understanding of the witness’ responsibility and privacy and confidentiality issues.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
VBQU368 Apply Investigative Processes in a Justice Environment |
Element: |
01 Examine the role of an Investigator in a Criminal Jusrtice Environment |
Performance Criteria: |
1.1 The role of the investigator and the challenges confronting current investigations are identified. |
Element: |
02 Investigate the Ethical Issues confronting an Investigator |
Performance Criteria: |
2.1The role of ethics and the need for high levels of accountability in investigation is examined. |
Element: |
03 Evaluate the provisions relating to confidential information and Privacy legislation |
Performance Criteria: |
3.1 Legislation relating to access and dissemination of information is identified. |
Element: |
04 Identify and apply the processes used to gather and record Evidence are identified |
Performance Criteria: |
4.1 The legal process used to gather and record evidence is identified. |
Element: |
05 Analyse the processes and requirements of notetaking in Criminal and Civil hearings |
Performance Criteria: |
5.1 The role and process of notetaking for authorised officers is identified. |
Element: |
06 Identify and apply the porcesses, methodology and legal obligations in conducting interviews |
Performance Criteria: |
6.1 The legal obligations in conducting interviews are identified. |
Element: |
07 Identify and implement the procedures, duties and legal and ethical responsibilities of persons and parties involved in Criminal or Civil Court hearings |
Performance Criteria: |
7.1 The functions and responsibilities of persons and parties involved in a criminal hearing and a civil proceeding are identified. |
Learning Outcomes
- See elements
Details of Learning Activities
Students will be expected to actively participate in classroom discussion and case studies.
There will be regular "progress tests" to ensure the student is ready to progress to the next topical concept.
Students are required to attend a compulsory "CSI" camp where they will apply the knowledge constructed in the classroom to one or more ‘crimes scenes.’ Students will also: develop an informant’s statement and participate as either a magistrate, clerk of courts, prosecutor, defence counsel or witness in a court room setting.
Teaching Schedule
Week One: The role of investigator (government and private) will be explored in relation to legislated powers and limitations.
Week Two: The aims and process of investigation within a criminal justice context will be explored
Week Three: We will analyze what the boundaries and limitations of investigative processes are in relation to statue and common law.
Week Four: This week we will explore the ethical considerations which must be applied when conducting investigations.
Week Five: We will explore the procedures and rights by which all persons making complaints about the conduct of an investigator and an investigation are applied.
Week Six: We will look at the legislative and organizational issues which determine what information, to whom and under what circumstances, can either be disseminated or shared.
Week Seven: This week we will examine what the powers of arrest, search and seizure are and under what circumstances they may be lawfully executed.
Week Eight: We will analyze what legal points of proof are required before a formal charge can be laid and presented in a court of law.
Week Nine: We will examine what the legal requirements are and the process which must be followed in the construction of a Brief of Evidence.
Week Ten: We will look at "best practice" and legal requirements for the taking of notes and their use as a basis for an information or witness statement is developed.
Week Eleven: We will look at the rules of evidence and admissibility of notes in a court of law; the protocols and the process.
Week Twelve: We will look at the process for the formal arraignment and presentation of an accused person to the court.
Week Thirteen: We will look at the Oath or Affirmation for swearing in of a witness, its legal obligations and consequences.
Week Fourteen: We will explore the differences between a contested and non-contested mention, committal hearing and ex-parte hearing.
Week Fifteen: We will explore the process of a "Voire Dire" and the three stages of evidence giving by a witness.
Week Sixteen: We will look at the appellate process, reviews and re-hearing processes and their consequences for case preparation.
Week Seventeen: Students will be at CSI camp and applying their knowledge in a Moot court setting.
Week Eighteen: Teacher review and support for completion of a brief of evidence to be submitted as the major assessable task.
Learning Resources
Prescribed Texts
Victorian Legal Procedure by Richard Fox Monash University Press |
References
Other Resources
Overview of Assessment
Assessment for this course will include:
- Weekly "challenge" tests to ensure understanding of underpinning legislative and procedural requirements to Industry standards
- Progressive development of the elements of a Brief of Evidence to Industry standards
- Examination
- Completion of a comprehensive Brief of Evidence to a standard for submission and presentation in a Court of Law
Assessment Tasks
1. Active participation in weekly case studies and reviews.
2. Compulsory attendance at the investigation CSI camp.
3. Regular progress tests to ensure students are coping and competent with knowledge and skills
4. The construction of a brief of evidence
Assessment Matrix
Course Overview: Access Course Overview