Course Title: Apply investigative processes within justice environments

Part B: Course Detail

Teaching Period: Term2 2016

Course Code: JUST5710

Course Title: Apply investigative processes within justice environments

School: 365T Global, Urban and 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
E: georgy.dumas@rmit.edu.au
P: 9925 4203

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 andoperational 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 andrecording 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 sentencingprinciples 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

Session: One 
• Introduction to course and expectation
• Course guide issued and discussed with students
• Assessments, matrix, etc., explained
• Pre-test conducted

Session: Two  

Sentencing Act, principles and application
Judicial, ethical and legal requirements of sentencing in Victoria
Sentencing Advisory Council
Mitigating factor/s affecting sentencing
Develop & evaluate pleas

Issue instruction for Summative Assessment Task 2 part 1

Session: Three 
Principles and types of investigation
Responsibilities in an investigation
Role, responsibilities and attributes of an investigator
Professional ethics in investigation

Session: Four  
Formative Assessment ONE and feedback
 Summary of previous session
Planning an investigation and contingencies
Operational requirements
Legal boundaries of an investigation

Session: Five
Final assignment Task 1 part 1 issued and discussed
Summary of previous session
Australian Government Investigation Standard (AGIS)
Risk Management

Session: Six 
Formative Assessment TWO and feedback
Summary of previous session
Introduction to brief of evidence
Criminal procedural law
Laws relating to obtaining information

Session: Seven 
Summary of previous session
Investigation Techniques
Criminal procedural law
Law relating to investigations

Session: Eight 
Formative assessment THREE and feedback
Summary of previous session
Evidence
Types of evidence
Evidence & corroboration
Rules of evidence
Admissibility of evidence

Session: Nine 
Summary of previous session
Notes and its value
Observation and description workshop

Session: Ten
Formative assessment FOUR and feedback
Summary of previous session
Statements
Types of statement (confessional/witness/informant)
Taking statements
Practical workshop

Session: Eleven
Summary of previous session
Interview and types
Questioning persons
Conducting and recording interviews
Rights of person (s464 CA1958)

Session: Twelve
Formative assessment FIVE and feedback
Conduct an interview – Practical workshop

Session: Thirteen
Methods of gathering evidence – Questioning, search & seizure, eye witness information, scientific/forensic and others
Ethical requirements when gathering evidence
Protection of Human Rights
Human Rights legislation

SUMMATIVE ASSESSMENT Task 2 part 1
Sentencing Assignment
(Graded assignment)
 

 

 

Session: Fourteen                                                          

Summary of previous session
Brief of evidence
Documentation

Session: Fifteen                                                          

Formative assessment SEVEN and feedback

Summary of previous session
Physical evidence and their requirements
Fingerprints/footprints procedure
Relevant legislation

 

Session:Sixteen                                                              

Summary of previous session
Physical evidence procedure
Physical evidence workshop

 

Session:Seventeen                                                     

Formative assessment EIGHTH and feedback

Summary of previous session
Forensic evidence and their requirements
Forensic procedures
Relevant legislation

 

Session: Eighteen                                                          

Summary of previous session
Forensic Evidence – Practical workshop

 

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

 

Session:Twenty                                                              

Summary of previous session
Jurisdiction of courts
Hearing and appeals
Function & responsibilities & ethical duties of parties at court
Brief of evidence

 

Session:Twenty-one - Intensive at Bundoora         

Formative assessment TEN and feedback

Summary of previous session
Format for giving evidence
Stages of evidence
Psychology of witnesses
Pleas
Use of contemporaneous notes

Session:Twenty-two                                                   

Summary of previous session

Introduction to crime scene/events
Victims/informant/witnesses
Just outcomes
Coroners court

 

Session:Twenty-three - Intensive at Bundoora    

Summary of previous session
Moot court preparation
Camp preparation

Session: Twenty – Four: CSPP CAMP                       

Summary of previous session
Giving evidence
Crime scene legal requirement
Crime scene procedures
Crimes scene practical
Simulated crime scene
Action at crime scene
Giving evidence Moot Court
SUMMATIVE ASSESSMENT TASK 1 Part 2 (Graded)

 

Session: Twenty-six                                                      

Law Revision

SATURDAY 15 OCTOBER 9.00 AM TO 5.00 PM

All aspects
Final workshop

SUMMATIVE ASSIGNMENT TASK 1 part 1 (Graded)

Brief of evidence deadline MONDAY 10 Oct 16 @ 4.30 PM

 

Session: Twenty-seven                                             

SUMMATIVE ASSESSMENT Task 2 part 2 (Graded)

Written Examination

TUESDAY 18 OCTOBER 2016

10.00 AM TO 1.00 PM

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

Student Progress
Monitoring academic progress is an important enabling and proactive strategy to assist you to achieve your learning potential. Student progress policy


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


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 two (2) assessable tasks divide into parts to be completed and they are;
• Task 1 part 1 - Prepare a brief of evidence using given case study (graded summative assessment)
• Task 1 part 2 - Attend crime scene simulated exercise, investigate, gather evidence and give evidence in a Moot court set-up (graded summative assessment)
• Task 2 part 1 – a research project on the Sentencing principles and mitigating factors in Victoria (graded summative assessment)
• Task 2 part 2 - Written law assessment in the relevant Federal/State/Local legislative and regulatory requirements, including judicial requirements and procedures on criminal investigation and prosecution (graded summative assessment).
• Formative Assessments (ungraded monthly progress assessments)


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 assignments 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 of the day the submission is due.

Assessment format
All, educators in Justice VE will expect the following in written essay/research/reports and you must adhere to the following criteria:
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. 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 for extensive information about study support, assessment, extensions, appeals and a range of other matters: rmit.edu.au/students.

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

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 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.

Other Information 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

Penalties for Late Submission
If you have not been granted an extension or special consideration, late submission of assignments 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.

Cover Sheet for Submissions
You must complete a submission cover sheet for every piece of submitted work, including online submissions. This signed sheet acknowledges that you are aware of the plagiarism implications.

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

Course Overview: Access Course Overview