Download NCIT Exam Questions and Answers: Comprehensive Review and more Exams Criminal procedure in PDF only on Docsity!
Jurisdiction * - correct answer ✅the right and power to interpret and apply the law Violation - correct answer ✅To break a law, rule, or regulation intentionally or unintentionally Respect * - correct answer ✅Must be earned and retained by actions each day Investigators * - correct answer ✅Impartial and objective fact finders Actions must comply with - correct answer ✅rules, workplace/ community expectations, principles of morality, and basic fairness Attitude * - correct answer ✅is what others perceive to be Ethics * - correct answer ✅Principle of right conduct
Complaint (legal) - correct answer ✅Presentation by the plaintiff in a civil action, setting forth the claim on which relief is sought ie admin complaint Allegation - correct answer ✅Assert, Affirm, Declare with/without proof of claim or concern Inquiry - correct answer ✅Close examination of some matter looking for truth Legally sufficient complaint * - correct answer ✅complaint is legally sufficient IF the fact(s) alleged are true and constitute violation of a law or rule Standard of Acceptance * - correct answer ✅jurisdiction and legal sufficiency
standard of proof in administrative law * - correct answer ✅preponderance of evidence best method to ID evidence - correct answer ✅mark the item personal attributes of investigator as truth seeker * - correct answer ✅honesty, integrity, objectivity professionalism - correct answer ✅always unbiased and professional conduct interview * - correct answer ✅non-accusatory questioning of an individual believed to possess info or knowledge interrogation * - correct answer ✅accusatory questioning of an individual believed to possess info or knowledge who is reluctant to disclose information
Monologue * - correct answer ✅matter of fact delivery that makes subject assume you already know everything verbal de-escalation - correct answer ✅use only when no weapons are involved; must be practiced beforehand purpose of inspection - correct answer ✅protect health, safety, and welfare of citizens by ensuring businesses are compliant exit interview * - correct answer ✅contact owner/ manager, explain results, prep for future, reestablish rapport, most overlooked portion of inspection societal expectation - correct answer ✅Integrity, mature judgement, friendly/ persuasive, firm, self-assured, confident professionalism (value) - correct answer ✅focus on instance not individual
semi-autonomous agency/ board sunset law - correct answer ✅a law that automatically terminates an agency, a law, or a government program Administrative Procedure Act (APA) - correct answer ✅must announce to public to allow comment/ opposition FOIA - correct answer ✅all documents subject to public request Ombudsman - correct answer ✅customer service rep for government Consent order/ negotiation settlement - correct answer ✅notice- admission of violation, waiver of right to hearing, agreed imposition of sanction/penalty
Summary suspension - correct answer ✅temporary suspension of license for safety of the public (typically set timeframe) formal hearing - correct answer ✅considered civil, not criminal, rules of evidence do NOT apply, hearsay has limited weight unlicensed activity is - correct answer ✅criminal Final Agency Decision - correct answer ✅If appealed was the agency acting constitutionally acting within scope of authority using correct procedure decision supported by facts justified penalty Complaint * - correct answer ✅an expression of pain, dissatisfaction, resentment, discontent or grief
sphere of investigation - correct answer ✅criminal, civil, or combination of agencies interagency behavior of individuals - correct answer ✅result of stimulus- priority of issue officials play roles predictable Directly related to complaint - correct answer ✅Elements, Sources of Information, Witnesses, Legal Instruments, Collect and Maintain Evidence, Experts, Problems Indirectly related to complaint - correct answer ✅Priority Assignments, Costs, Geographic Considerations, Staff Training/Talent/Skill Levels, Board Rules and Policy Investigation method - correct answer ✅Field/ central office, inspection, expert consultant, covert/ overt
required reports/ records - correct answer ✅4th amendment does not protect reports 5th amendment does not protect records inspection/ warrants - correct answer ✅must not violate 4th amendment subpoena - correct answer ✅official command with coercive effect search warrant - correct answer ✅require probable cause and not frequent in admin cases Investigative Hearings - correct answer ✅informal fact finding to explore potential violations Demand letter - correct answer ✅issued to suspect or witness to request info and outlines steps to be taken
major issue for investigators * - correct answer ✅conflict of interest specialization - correct answer ✅use of experts components of investigation * - correct answer ✅intake, analysis, planning, execution to develop a case - correct answer ✅investigators need to know laws and elements of case law of evidence - correct answer ✅consistent, reliable, fair evidence - correct answer ✅The means by which any contested factual matter may be established or disproved in a legal proceeding
Probative - correct answer ✅That which furnishes, establishes, or contributes toward proof of an issue to be decided. Admissibility - correct answer ✅Evidence that is proper to be considered in reaching a decision. classification of evidence * - correct answer ✅direct- eye witness, photo, records circumstantial- requires inferences to be drawn from the evidence in order to prove the case Evidence Types * - correct answer ✅real-email, gun, lab result testimonial- under oath statement demonstrative- aid testimonial evidence judicial- commonly known facts or agreed upon by both parties
impeachment evidence - correct answer ✅Demonstrating Bias, Self- Contradiction, Poor Character, Poor Perception, Prior Conviction/Bad Acts, Contradictory Evidence burden of proof - correct answer ✅on the prosecution, unless license application case take picture in order of * - correct answer ✅general to specific poor procedure consequences* - correct answer ✅loss/destroy/ never had, can't authenticate, damaged 2 goals of the interview * - correct answer ✅collect unbiased info, produce factual/ accurate info Investigators must show professionalism by * - correct answer ✅posture, bearing, facial expressions, gesture, style of speech
rapport building and gather info * - correct answer ✅demonstrate unbiased and professional conduct nonverbal communication * - correct answer ✅best way to ID truth and honest communication Location Considerations * - correct answer ✅Maintain constant awareness of environment People Objects Physical location Static vs Dynamic environments Know egress paths and locations Remember where you are keep questions - correct answer ✅short, simple, ample time to respond rapport building (self ID) * - correct answer ✅keep credentials and identifying info
concrete words in investigative reports provide * - correct answer ✅clarity report should follow * - correct answer ✅chronological sequence reports should be written in what person * - correct answer ✅1st: flows, clearer to reader purpose of the factual report * - correct answer ✅to be descriptive essential to being a good writer * - correct answer ✅proofreading when should report be written? * - correct answer ✅throughout process before disposing case * - correct answer ✅ensure appeal process (if any) has been completed
first rule to testifying * - correct answer ✅preparation main witness * - correct answer ✅investigator
