Course Title: Apply Investigative Processes in a Justice Environment
Part B: Course Detail
Teaching Period: Term1 2013
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 Justice Environment |
Performance Criteria: |
The role of the investigator and the challenges confronting current investigations are identified. |
Element: |
02 Investigate the Ethical Issues confronting an Investigator |
Performance Criteria: |
The 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: |
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: |
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: |
The role and process of notetaking for authorised officers is identified. |
Element: |
06 Identify and apply the processes, methodology and legal obligations in conducting interviews |
Performance Criteria: |
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: |
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 participate in a variety of teaching methods including: lectures, tutorials, class discussion, seminar presentations, group/individual work on projects, audio-visual presentations, field excursions where applicable, on site visits, and interaction with individuals and groups within the criminal justice area.
Teaching Schedule
Session 1: Overview of unit and assessment tasks
Session 2: The role of the investigator and outline of the legal boundaries that govern investigative procedure and policies
Session 3: Identification of the aims and processes of investigation
Session 4: Examination of the legislation that governs investigators and the ethical dilemmas that confront investigators
Similarities and differences between government and non-government investigators
Session 5: Identification of state and federal legislation that impacts on obtaining information and intelligence gathering
Identification of confidentiality and privacy legislation that impacts on the duties of the investigator
Session 6: Examination of the legal processes used to gather and record evidence
Session 7: Identification of the diffferent points of proof that are required to substantiate a criminal charge
Session 8: Examination of the relevant acts of legislation relating to arrest, search and seizure by authorised officers
Session 9: Outline of the legal requirements for a criminal brief of evidence
Session 10: Outline of the process of taking comprehensive and legally adminissable statements
Session 11: The legal requirements for the preparation of a witness statement which are admissible in court
An outline of the rules for taking and recording witness statements
Interview protocols and procedures and the methods to record interviews
Session 12: Identification of the role of a jurat in statements
Outline of the key responsibilities of persons involved in criminal proceedings
Outline of methods of arraignment for a defendant to appear before a Court
Session 14: Identification of the three stages of evidence that witnesses can provide
Session 15: Examination of the sequence of hearing for contested, non-contested and ex-parte hearing in Court
Identification of ’Voir Dire" hearing in a court
Session 17: Outline of pre-Court and in-court procedures
Appeals and order to review including Coroner’s inquest, the mention Court system and committal Court procedure
Moot Court simulation for the presentation of evidential, ethical and statutory law requirements
Session 18: Review of unit
Learning Resources
Prescribed Texts
Victorian Criminal Procedure: State and Federal Law, Melbourne, Monash Law Book Co-operative Ltd.,(13th edn) 2010, pp. i-xxxii, 1-540 |
References
Other Resources
Additional resources will be provided to students in class and via ’Blackboard’ to supplement learning outcomes as required
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
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 Matrix
The assessment has been designed to cover all learning outcomes and will be graded in accordance with RMIT University’s Mark Table 7 which is as follows:
HD 80 – 100
D 70 - 79
C 60 - 69
PA 50 - 59
NN 0 - 49
Other Information
All written work must adhere to the following criteria:
1. Written reports, research projects or essays are to demonstrate an understanding of the concepts and familiarity with the prescribed or negotiated topics
2. 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 cogently address the issues raised in the chosen topic in a logical, ordered and organised manner
3. The concepts must be well defined and demonstrate a critical analysis of the chosen topic
4. Written submissions must demonstrate appropriate preparation, reading and research
5. In-text references must follow the APA style of referencing. In addition, you must provide a bibliography with correct and comprehensive details in relation to texts, articles, research reports and other sources that you have used
6. 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.
Extensions
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 their 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.
Applying for an Extension
Extension of time for assessment tasks may be granted where circumstances beyond your control prevent submission by the published due date. An application for extension of time must be lodged with your tutor or the course coordinator as early as possible, and no later than one working day before the due date for submission.
You can apply for extension using the University’s Extension Application Form – http://mams.rmit.edu.au/seca86tti4g4z.pdf – or by emailing your course coordinator or tutor directly.
An extension of 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 beyond seven calendar days cannot be granted by course coordinators, tutors or the School. To apply for an extension of time greater than seven calendar days you must lodge an application for Special Consideration.
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
Penalties for Late Submission
If you have not been granted an extension or special consideration, late submission will be penalised as follows:
Assessment tasks submitted after the due date of submission shall receive a penalty of five per cent of the grades available for that assessment per day for each working day late.
No assessment task shall be accepted more than three weeks after the due date.
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
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
Course Overview: Access Course Overview