0% found this document useful (0 votes)
87 views12 pages

FOR2601 Exam Answer

Uploaded by

ayandacc2000
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
87 views12 pages

FOR2601 Exam Answer

Uploaded by

ayandacc2000
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 12

Name: Ayanda Candice

Surname: Cele

Student Number:
67939902

Module code: FOR2601

Semester One

May/June Examinations

Due: 20 May 2024


Question 1

1.1 A good investigation report is essential for effectively communicating the findings
and conclusions of an investigation.

 Completeness
Ensure no details are omitted. The report should be comprehensive, allowing
anyone to fully understand the investigation, including all evidence and
interview documentation.
 Accuracy
Present a precise, reliable account of events or activities, ensuring all
information is exact.
 Factual
Report only first-hand experiences and occurrences that the investigator
directly observed.
 Hearsay
Clearly differentiate between first-hand observations and information received
from others.
 Meaning of Words/Comprehension
Use clear, unambiguous language to avoid misunderstandings. Choose words
that precisely convey the intended meaning.
 Timeliness
Submit the report within the specified timeline to ensure the information is
actionable and relevant.
 Objectivity
Maintain neutrality, presenting facts without personal bias. Opinions should be
clearly distinguished from factual reporting and included only where
appropriate later in the report.

These principles ensure the report is reliable, clear, and useful for its intended
purpose.

1.2

 Purpose
Interviewing: To gather information.
Interrogation: To obtain a confession.
 Environment
Interviewing: Relaxed and comfortable; interruptions can be tolerated.
Interrogation: Controlled, without distractions or interruptions.

 Seating
Interviewing: Comfortable with armrests and a table.
Interrogation: Hard chair, lower than the interrogator's, without armrests.
 Control
Interviewing: The subject controls the process, while the interviewer guides
Interrogation: The interrogator dominates and directs the process.
 Communication
Interviewing: Subject talks 95%:5% of the time.
Interrogation: Interrogator talks 5%:95% of the time, leading to a confession.
 Preparation
Interviewing: Basic knowledge of the crime and the subject's involvement.
Interrogation: Extensive knowledge of the crime, the subject, and potential
motives.
 Breaks
Interviewing: Frequent breaks allowed.
Interrogation: No breaks for the first two hours.

Adapted from Van Rooyen 2004

Question Two

2.1 Emotional Intelligence (EI) Models in Forensic Investigation

 The Ability Model


The ability model of emotional intelligence views emotions as crucial sources
of information that aid in understanding and navigating the social
environment. This model involves three core abilities:
Perceiving Emotions: The capacity to detect and interpret emotions in others
through facial expressions, pictures, and voice tones.
Using Emotions: The ability to harness emotions to facilitate various cognitive
activities such as thinking and problem-solving.
Understanding Emotions: The ability to comprehend the nuanced meanings
behind emotional expressions, recognize subtle changes in emotions, and
understand how emotions evolve over time.
For forensic investigators, the ability model is particularly useful as it
enhances their capacity to read suspects and witnesses, interpret emotional
cues accurately, and adjust their approach accordingly. This can lead to more
effective interviews and interrogations, as the investigator can sense
emotional vulnerabilities and use this insight to guide their questioning
strategy.

 The Mixed Model


The mixed model of EI incorporates aspects of both emotional abilities and
personality traits, emphasizing the integration of emotional intelligence with
self-awareness, self-management, social awareness, and relationship
management. Key components include:
Self-Awareness: Recognizing one's emotions and their impact, using gut
feelings to guide decisions. For instance, during an interview, an investigator
might sense dishonesty through subtle cues and adjust their questioning
technique.
Self-Management: Controlling one's emotions and impulses, adapting to
changing circumstances, and maintaining composure under stress. This is
crucial during confrontational or provocative interactions, where maintaining
professionalism can de-escalate potential conflicts.
Social Awareness: Understanding others' emotions and the dynamics of social
networks. This allows investigators to empathize with subjects, understand
their motivations, and navigate social complexities during interactions.
Relationship Management: The ability to inspire, influence, and develop
others while managing conflicts. Effective relationship management helps
investigators build rapport, gain cooperation, and resolve conflicts that could
hinder an investigation.
For investigators, the mixed model's emphasis on adaptability and
interpersonal skills is invaluable. It enables them to handle diverse situations
and individuals, from comforting a distressed witness to confronting a
deceptive suspect, ensuring that they can navigate the emotional landscape
of an investigation effectively.

 The Trait Model


The trait model of EI focuses on personality traits and how they influence
one's perception of self and others. This model emphasizes:
Self-Perception: How individuals view themselves, which can impact their
confidence and approach to challenging situations. For example, an
investigator facing a complex case must rely on their self-confidence and
resilience to persevere.
Personality Traits: Inborn characteristics that affect behavior and emotional
responses. Traits such as assertiveness, empathy, and emotional stability are
crucial for effective investigative work.
For forensic investigators, understanding the trait model is essential for team
dynamics and personal development. An investigator's personality can
significantly impact their interactions and decision-making processes. For
instance, a strong-willed investigator may lead effectively but also needs to
manage potential conflicts within the team. Recognizing and developing
positive traits, while mitigating negative ones, can enhance overall
investigative effectiveness.

 Practical Application of EI Models


Applying these EI models in forensic investigations involves leveraging each
model's strengths to improve investigative outcomes. An investigator with a
keen sense of emotional intelligence can:
Adapt their approach based on the subject's emotional state and responses
(Ability Model).
Maintain composure and professionalism in high-stress situations, using self-
awareness and self-management skills (Mixed Model).
Foster positive team dynamics and manage interpersonal conflicts, ensuring
effective collaboration (Trait Model).
Each model contributes uniquely to an investigator's toolkit, enhancing their
ability to conduct thorough, empathetic, and effective investigations.
Recognizing the value of emotional intelligence and actively developing these
skills can lead to more successful investigative practices and improved
outcomes in forensic work.

2.2

The Judges' Rules provide specific guidelines for questioning suspects who are
under arrest or in custody to ensure their rights are protected:

 No Questions Without Caution: Generally, no questions should be put to a


person in custody unless for clarification purposes as specified in Rule 7.
 Voluntary Statements: If a person in custody wishes to volunteer a statement,
they must be cautioned first.
 Immediate Caution: If a statement is made before a caution can be
administered, the person should be cautioned as soon as possible.
 Clarification Only: Voluntary statements should not be cross-examined; only
questions to clarify obvious ambiguities are allowed.
 Formal Charge Caution: Upon formal charge, the person should be informed
that they can make a statement, but they are not obliged to, and anything they
say can be used in evidence.
 Documentation: Any statements made should be recorded in writing, read
back to the person, and they should be allowed to make corrections and then
invited to sign.
 Co-Accused Statements: When multiple persons are charged with the same
offence, voluntary statements can be shared among them without eliciting
responses. The police should not read such statement to a person unless
such person is unable to read it and desires that it be read to him/her. If a
person furnished with a co-accused's statement desires to make a voluntary
statement in reply, the usual caution should be administered (Coetzee
1983:18

These guidelines aim to ensure fair treatment and protect the rights of individuals
during the interrogation process.

Question Three

3.1

Elements of an Executive Summary in an Investigation Report

 Purpose and Problem Statement: Briefly describe the problem or issue that
prompted the investigation.
 Actions Taken: Summarize the steps or actions taken during the investigation.
 Findings: Highlight the main findings of the investigation.
 Comments: Include any relevant comments or observations that add context
to the findings.
 Recommendations: Present possible solutions and recommend a particular
course of action. Reference specific paragraphs from the main report for more
details (e.g., refer to par 3.3 of the main report).
 Financial Implications: Outline the financial impact of the recommendations.
 Implementation: Briefly discuss how the recommendations can be
implemented.
 Acknowledgments and Costs: Acknowledge those who assisted in the
investigation, mention the cost of the investigation, and reference the
executive summary on the first page of the report.
 Annexures and References: List any annexures and reference works
consulted.

The executive summary should be no more than one-and-a-half to two pages in


length, providing a clear, concise overview that allows managers to grasp the key
points quickly.

3.2
Basic Considerations or Tactical Steps When Starting a New Investigation

 Preliminary Assessment
Understanding the Case: Gather initial information to understand the nature
and scope of the case.
Risk Assessment: Evaluate any immediate risks or threats that might affect
the investigation.
 Formulating Objectives
Define Clear Objectives: Establish what the investigation aims to achieve,
such as identifying suspects, gathering evidence, or uncovering facts.
Legal Compliance: Ensure the objectives align with legal and ethical
standards.
 Planning the Investigation
Develop a Strategy: Outline the steps and methods that will be used during
the investigation.
Resource Allocation: Determine what resources (personnel, equipment, etc.)
are needed and how they will be utilized.
 Evidence Collection
Identify Sources: Determine where evidence is likely to be found.
Preservation of Evidence: Ensure evidence is collected and preserved in a
manner that maintains its integrity.
Chain of Custody: Maintain a clear chain of custody to track evidence from
collection to court presentation.
 Documentation
Detailed Record-Keeping: Document all steps taken, evidence collected, and
findings. This includes logs, reports, and photographic evidence.
Interview Protocols: Conduct interviews with potential witnesses or suspects,
ensuring statements are accurately recorded.
 Analysis and Interpretation
Data Analysis: Analyze the collected evidence to identify patterns,
correlations, or discrepancies.
Expert Consultation: Consult with experts when specialized knowledge is
required for evidence interpretation.
 Reporting
Prepare a Comprehensive Report: Summarize findings, methodologies, and
conclusions in a clear and concise report.
Executive Summary: Include an executive summary for senior decision-
makers, highlighting key points and recommendations.
 Review and Follow-Up
Evaluate the Process: Review the investigation process to identify any areas
for improvement.
Follow-Up Actions: Plan any necessary follow-up actions, such as additional
interviews or evidence collection.
 Critical Consideration
Legal and Ethical Considerations
Ensure compliance with all legal requirements and uphold ethical standards
throughout the investigation.
 Confidentiality and Security
 Maintain the confidentiality of the investigation to protect the integrity of the
process and the privacy of individuals involved.

 Interdisciplinary Approach
Collaborate with various experts and departments to ensure a comprehensive
investigation.

By addressing these considerations and following these tactical steps, investigators


can conduct thorough and effective investigations, ultimately leading to accurate and
reliable outcomes.

Question Four

4.1

Whistle-Blowing Hotlines and Communication Channels in Forensic Investigation

Whistle-blowing hotlines are crucial tools in forensic investigations, providing a


confidential means for reporting misconduct. These hotlines, often toll-free, are
staffed by trained operators who can handle sensitive information discreetly. They
are also referred to as ethics lines or fraud call centers.
Communication Channels for Whistleblowing

Telephone Hotlines: Dedicated, usually toll-free numbers for anonymous reporting.

Fax Lines: Allows written reports while maintaining confidentiality.

Postal Addresses: Secure P.O. boxes for written disclosures.

Email Addresses: Dedicated email accounts for electronic reporting.

Websites: Secure online portals for submitting reports anonymously.

Standards and Best Practices:

The Ethics Institute of South Africa provides guidelines to ensure professional and
ethical conduct of external whistle-blowing hotline service providers. These
standards are crucial for maintaining trust and effectiveness in the whistle-blowing
process.

Critical Discussion:

Confidentiality: These channels must ensure the anonymity and protection of the
whistle-blower to encourage reporting.

Accessibility: Multiple channels increase the ease of reporting, catering to different


preferences and technological capabilities.

Training: Call center operators and administrators need thorough training to handle
reports sensitively and appropriately.

Follow-Up: Establishing protocols for follow-up actions ensures that reports are
investigated thoroughly and transparently.

Ethical Guidelines: Adherence to ethical guidelines, like those from the Ethics
Institute, helps maintain integrity and public trust in the whistle-blowing system.

Implementing these communication channels and adhering to best practices can


significantly enhance the effectiveness of forensic investigations by encouraging the
reporting of misconduct and ensuring the proper handling of such reports.
4.2

Whistle-blowing hotlines are used to report various types of wrongdoing, professional


misconduct, fraudulent, and unethical behavior. Examples of such disclosures
include:

Suspected Contract Irregularities: Violations of procurement guidelines and policies.

Corruption and Bribery: Acceptance of gratuities or illicit benefits.

Fraud and Maladministration: Misuse of funds or assets, fraudulent activities.

Misuse of Resources: Illegal disclosure of information, acts of dishonesty.

Abuse of Authority: Nepotism, sexual harassment, racism, or discrimination.

Unethical Conduct: Any behavior violating organizational policies or ethical


standards.

Examples from SARS:

Failing to pay taxes or issuing required documents.

Submitting fraudulent VAT refund claims.

Living beyond apparent financial means.

These hotlines typically offer multiple communication channels like telephone, fax,
postal address, email, and websites for reporting.
Bibliography

Judge's Rules on Questioning Someone in Custody

- Coetzee, J.J. (1983). "Introduction to the South African Criminal Procedure."


[FOR2601 Study Guide].

Executive Summary Elements

Study Guide: FOR2601 (1/1/2016-2018). "Writing and Presenting Reports."


Department of Criminology, University of South Africa.

Basic Considerations When Starting a New Investigation

- Study Guide: FOR2601 (1/1/2016-2018). "Investigation of Crime: Process and


Principles." Department of Criminology, University of South Africa.

Whistle-Blowing Hotlines and Communication Channels

- Holtzhausen, N. (2007). "Whistleblowing and Whistle-Blower Protection in South


Africa."

- Johnson, R. A., & Wright, J. D. (2004). "Reporting Organizational Misconduct."

- Miceli, M. P., & Near, J. P. (1994). "Whistleblowing: The State of the Art."

- The Ethics Institute of South Africa. "External Whistle-Blowing Hotline Service


Provider Standard." [http://www.ethics.org].

- South African Revenue Service (SARS). "Report a Suspicious Activity."


[http://www.sars.gov.za].

Types of Disclosures Reported via Hotlines

- SARS website. "Report a Suspicious Activity." [http://www.sars.gov.za].

- Study Guide: FOR2601 (Date of publication not specified). "Fraud and Corruption in
the Public Sector." Department of Criminology, University of South Africa.

You might also like