ADPP investigation Session 2
What does the prosecution need to prove in order to establish that a person is criminally liable
for a particular act? - ANS Actus reus: refers to the act or omission that comprise the physical
elements of a crime as required by statute.
Mens Rea: the intention or knowledge of wrongdoing that constitutes part of a crime.
Do you need to prove Actus Reus and Mens Rea for a traffic offence? - ANS NO
you only need to prove the Actus Reus as it is a "strictly liability" matter and you don't need to
prove the guilty mind.
What does the THIS principle stand for? - ANS T - Time
H - History
I - Intelligence
S - Situation
What are the 3 basic concepts that will determine the admissibility of evidence? - ANS 1. is it
Relevant
2. is it Reliable
3. is it Fair
What types of evidence are there? - ANS 1. Original evidence: what a person saw, heard,
smelt, tasted or felt with their own senses
2. Real evidence: any record of information, map, drawing or photographs.
3. Documentary evidence: tendering of physical objects for inspection by the court.
What is Opinion evidence (Lay evidence)? - ANS this is where the court permits a witness who
is not testifying as an expert to testify in the form of an opinion An inference drawn from
observed and communicable data or facts.
What does the ADVOKAT acronym stand for? - ANS A- Amount of time under observation
D- Distance from the incident/ person under observation.
V- Visibility What was the visibility at the time?
O- Obstruction to line of sight
K- known or seen before
A- Any reason to notice
T- Time elapsed since you last observed the person?
, What does the Acronym TEDS stand for? - ANS 1. Tell me
2. Explain to me
3. Describe to me
4. Show me
What does the acronym for the PEACE model mean? - ANS P- planning and preparation
E- Engage and Explain
A- Account
C- Closure
E- Evaluation
How long do you have to investigate a crime after an arrest has occurred - ANS 6 hours but
you can extended it for an additional 6 hours
Where do your Crime Scene Powers come from? - ANS Section 95 of LEPRA
How long can a crime scene be established for - ANS 4 hours in metro areas
6 hours in rural areas
What are the 5WHs? - ANS What?
Who?
Where?
When?
Why?
How?
What is Hearsay? - ANS refers to information gathered by word of mouth rather than in writing
or experiences usually with the implication that it may be unreliable.
What are some common hearsay exceptions? - ANS 1. hearsay from a non-hearsay purpose.
2. firsthand hearsay where the maker is unavailable.
3. the identity of a person, place or thing.
4. Business records.
5. tags and labels.
6. admission.
Why would you use closing questions? - ANS 1. used to elicit a short response.
2. used when the interviewer is seeking a specific response.
Four core skills of interviewing? - ANS 1. Planning & Preparation.
2. Active listening
3. Rapport Building
Questioning
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