Exam 2, CITP Questions & Answers correct

Exam 2, CITP Questions & Answers correct COGNITIVE INTERVIEW EPO #1: Identify generally accepted principles of memory. · Elements of memory are see, feel, smell, and taste · Phases of memory are encoding, storage, and retrieval COGNITIVE INTERVIEW EPO #2: Identify the process of the cognitive interview. · Build and maintain rapport · Use a preamble to prepare the interviewee for guided memory retrieval · Guide the interviewee through multiple retrievals · Ask the interviewee specific, close ended, follow up questions COGNITIVE INTERVIEW EPO #3: Identify memory retrieval techniques designed to elicit specific information from a victim or witness. · For physical appearance: who did they remind you of · For speech: did their voice remind you of someone, why? Did they have an accent? What was said? · Reactions: how did others react? What was your reaction? · Post interview considerations: focus on needs of victims and witnesses, give them an idea on what to expect next. Refer to victims' assistance programs. COGNITIVE INTERVIEW EPO #4: Identify suggestions for improving the effectiveness of the cognitive interview. · Eliminate interruptions · Wait through pauses · Slow down the interview process · Ask questions compatible with the image or mental picture provided by victims or witnesses. · Have them draw a photo or diagram · Record · Consider taking breaks · Recognize and address trauma OPERATIONS SECURITY (OPSEC) EPO #1: Identify the five-step OPSEC process. 1. Identify critical information 2. Analyze threats 3. Analyze vulnerabilities 4. Assess risk 5. Apply countermeasures INFORMANTS EPO #1: Identify informant sources available to the Federal law enforcement officer. · Subcategories of informants: anonymous informant, non-confidential informant, and unwitting informant. · Types of informants: criminal or criminal associate, professional informant, informant within industry (gun store owner, financial industry), and private citizen. INFORMANTS EPO #2: Identify the elements of developing and controlling informants. · Confidentiality and addressing motivations are important to encourage cooperation and develop informants · Know the elements of and avoid actions that could be entrapment · Do not speculate on what the AUSA will do in exchange for cooperation or inflate potential rewards/payments · Avoid getting involved with their personal problems · Otherwise Illegal Activity (OIA) INFORMANTS EPO #3: Identify methods of documenting informants and informant contacts. · Documenting is respective of agency policy and possibly category of informant. · Maintain informant files as required · Use Informant Agreements when needed · Debrief informants and provide further instructions · Terminate or deactivate informants when no longer needed or if deemed unacceptable DOCUMENTATION / REPORT WRITING EPO #1: Identify requirements and uses of law enforcement notes. · Uses: to aid in memory when preparing reports, to review during prosecution, or record contacts and activities · Requirements: original notes must be retained and not altered, any changes i.e. incorrect date or misspelled word should be made as soon as possible after the event. DOCUMENTATION / REPORT WRITING EPO #2: Identify the uses and essential elements of narrative reports. · Are used to describe evidence of potential violations, not investigative techniques. Narrative reports provide a basis for action and permanent record of investigative activity. · Five essential elements: 1. Accurate: free of errors. Omit opinions, conclusions, and inferences. 2. Complete: All information that is relevant and material must be included. All evidence should be included even if the writer does not think it will be admissible. 3. Concise: Information not related to 5 w's should be removed, omit prepositional phrases, and write in active voice 4. Clear: use names instead of pronouns, concrete expressions instead of approximations, use simple writing, and follow a logical order Objective: fair, objective, impartial, unbiased, and unemotional. DOCUMENTATION / REPORT WRITING EPO #3: Identify the types of narrative reports and the requirements for written statements · Memorandum of Interview · Memorandum of Activity: used for warrants, arrest, undercover operations, and intelligence received · Written Statements: declaration of facts of investigator or other person making statement · Sworn and unsworn Statements: aka affidavits (sworn). Oath is given for sworn statements. 18 USC 1001 is the violation for false statements. It does not matter if the statement was sworn or not or even signed. DOCUMENTATION / REPORT WRITING EPO #4: Identify the requirements and uses of completed investigative reports (case reports). · Used to present investigative finding for criminal, civil, or administrative actions. · Used by AUSA to determine if case is prosecutable and when preparing grand jury · Should include introductory statement stating statutes violated, time/date/location of violation, seizures of property, all documents. FEDERAL CRIMINAL LAW EPO #1: Identify and apply the elements of a criminal statute · Intent is needed for some criminal statutes, specific intent offense. 21 U.S.C. § 844 (drugs) is a general intent offense · With an exception of hate crimes and terrorism, the government does not need to prove motive FEDERAL CRIMINAL LAW EPO #2: Distinguish between a felony and a misdemeanor. · A felony has a maximum term of imprisonment longer than one year · A misdemeanor is one year or less FEDERAL CRIMINAL LAW EPO #3: Identify and apply the Assimilative Crimes Act and distinguish between exclusive, concurrent, and proprietary jurisdiction. · Assimilative crimes act: When an act occurs on exclusive or concurrent jurisdiction property, and there is no federal criminal statute that prohibits the act, the Assimilative Crimes Act allows the federal government to adopt a state criminal statute that prohibits the act, and prosecute it in federal court as a federal criminal offense · Exclusive: ONLY the Federal Government has jurisdiction · Concurrent: Federal Government AND State Government. Violator can be charged twice · Proprietary: U.S. gov has no more authority than any other owner of private property, unless violation involves federal gov. employee or property FEDERAL CRIMINAL LAW EPO #4: Identify and apply the elements of Title 18 U.S.C. §111 (Assault and Battery). · Two kinds: o assault by an offer: willful threat to inflict injury with ability and intent to do so. Victim must know threat exists/have expectation of harm o assault by attempted battery: an unsuccessful battery · 111 has two sections, one protecting federal employees when assaulted on the job and the other covering former employees. FEDERAL CRIMINAL LAW EPO #5: Identify and apply the elements of Title 18 U.S.C. § 201 (Bribery). o covers any situation in which the judgment of a government official or witness might be influenced because of payments or gifts made, while performing official duties. o Must be a thing of value to influence any official act Federal Firearms Violations: EPO #6: Identify categories of individuals prohibited from possessing firearms. o Convicted felons of any US court, exception of certain business-related crimes o Fugitives from justice o Drug users/addicts o Persons adjudicated as mentally defective by court or who has been committed to a mental institution o Illegal aliens - except w/nonimmigrant visa for lawful hunting or sporting o Persons with dishonorable discharges o Renounced U.S. citizenship o Domestic relations restraining orders o Misdemeanor crimes of domestic violence EPO #7: Identify and apply procedures to initiate a firearms trace through the Bureau of Alcohol, Tobacco & Firearms. o Information required: make/manufacturer, model, serial number, and caliber/guage o Does not reveal private transfers o Assists for identifying (1) stolen property; (2) associates of suspects; and (3) sources and suppliers of firearms for criminal suspects. Finally, tracing firearms helps to prove the connection ("nexus") between the firearm and interstate commerce. EPO #8: Identify weapons that require registration with the Bureau of Alcohol, Tobacco & Firearms and those weapons prohibited on a federal facility. o Short-barrel shotguns, short-barrel rifles, machine guns, silencers/mufflers, and destructive devices Entrapment / False Statements / Drug Offenses: EPO #9: Identify when an inducement by the government is permitted or prohibited. o Permitted: use of decoys to catch poachers, some payments, assistance in facilitating the commission of the crime by providing equipment or supplies o Prohibited: using threats, extreme appeals to emotion, financially desperate target, or violent demonstrations Entrapment / False Statements / Drug Offenses: EPO #9: Identify when an inducement by the government is permitted or prohibited. o Permitted: use of decoys to catch poachers, some payments, assistance in facilitating the commission of the crime by providing equipment or supplies o Prohibited: using threats, extreme appeals to emotion, financially desperate target, or violent demonstrations Entrapment / False Statements / Drug Offenses: EPO #10: Identify when predisposition negates an apparent entrapment defense. o Predisposition is a state of mind that readily responds to the opportunity furnished by the government or its agent to commit the offense. o Can be demonstrated by existing course of similar conduct, previously formed intent, or ready response to criminal offer. Entrapment / False Statements / Drug Offenses: EPO #11: Identify and apply the elements of Title 18 U.S.C. §1001 (False Statements). o The defendant o Regarding certain federal matters o Knowingly and willfully: must have intent to mislead o Made a false statement; or - does not need to be under oath o Concealed or covered up a material face, or; o Made or used a document containing a false material statement EPO #28: Identify and apply the elements of 21 U.S.C. §844 (Possession of a Controlled Substance). o Knowing or intentional possession of controlled substance(s) unless prescribed. They don't have to know exactly what the substance is, only that it is a controlled substance o Possession is the ability to control the substance EPO #29: Identify and apply the elements of 21 U.S.C. §841 (Manufacture and Distribution of Controlled Substances). · Possession with intent to manufacture, distribute, or dispense is usually proved through circumstantial evidence. · No commercial transaction is required, only intent EPO #24: Identify and apply the elements of 18 U.S.C. §641 (Theft). o 1. That the defendant voluntarily, intentionally, and knowingly; o 2. Stole property belonging to the United States or any department or agency thereof; o 3. With the intent to deprive the United States of the use or benefit of the property so taken. Conspiracy / Parties: EPO #12: Identify how many persons are needed to form a conspiracy. · Two or more; but one person cannot be undercover law enforcement officer, CI, limited mental capacity, or minor EPO #13: Identify when knowledge and intent are sufficient to constitute a conspiracy. · Must join with intent to violate law, but do not have to know each other in person or know all details of plan · Must intend to participate in the conspiracy EPO #14: Identify an agreement and its function according to the provisions of Title 18 U.S.C. §371 · There does not need to be proof of a formal agreement. · It is often established by circumstantial evidence · Mere presence is not sufficient to prove that a party is part of the conspiracy EPO #15: Identify the function of an overt act in the crime of conspiracy. · The overt act demonstrated that the conspiracy has moved part the though stage. · Does not need to be criminal in nature, may be preparatory EPO #17: Identify the limits of the withdrawer's or late joiner's criminal liability. · Late joiners are not responsible for acts committed prior to their joining the conspiracy, but other than that are just as responsible for acts after the joined in. · Withdrawal requires affirmative act that they are no longer participating. Their affirmative act of withdrawal must be known by other participant(s). EPO #18: Identify when a person may be prosecuted for assisting another in the commission of a crime, in accordance with Title 18 U.S.C. §§2-4. · They may have participated before the crime in furtherance (causing the commission of a crime), after the crime (accessory after the fact), or have knowledge the crime was committed yet take step to conceal (Misprision of Felony). Federal Fraud Statutes: EPO #22: Identify and apply the element of the Mail Fraud Statute, 18 U.S.C. §1341 and the Wire Fraud Statute, 18 U.S.C. §1343. · Mail: Any person; intentionally; devises a fraudulent scheme, and; uses or causes mail to be used; in furtherance or in support of the scheme · Wire: same as above but wire transmission to be used telephone, television, telegraph, and more recently, the internet EPO #23: Identify and apply the elements of the National Stolen Property Act, 18 U.S.C. §2314. · Transportation in interstate or foreign commerce; must be worth $5,000 or more; knowingly stolen, converted, or taken by fraud EPO #1: Identify the procedural stages of a criminal trial. 1. Pre-trial Suppression Hearings (Motion Hearings) 2. Voir Dire 3. Opening Statements by Counsel 4. The Case-in-Chief 5. The Defense Case 6. The Rebuttal Case 7. Closing Argument 8. The Charge to the Jury 9. Sentencing 10. Post-Trial Proceedings (appeals) EPO #2: Describe relevant, direct, and circumstantial evidence. · Relevant: proves or disproves a fact that is in issue in the trial · Direct: direct evidence proves a fact directly without inference · Circumstantial: aka indirect evidence proves a fact through inference EPO #4: Identify factors that can affect witness credibility and the need to collect information regarding a witness' credibility. · Impeachment is the attack on credibility of a witness · Bias may show that a ]witness slants testimony due to relationships, familial ties, or similarities · Motive to fabricate testimony: financially or emotionally dependent on the defendant or witnesses who have a reason to help (or hurt) the defendant · Inability to Observe or Accurately Remember: could not clearly see or hear what happened or cannot confidently remember or recall what happened · Contradiction · Prior Inconsistent Statements · Prior Convictions to Show Untruthfulness: Convictions that are less than 10 years old that are either felony convictions for any offense, or misdemeanor convictions for perjury or false statement EPO #6: Describe how evidence should be collected so a foundation can be laid in court. · The evidence should be marked, tagged, or bagged in such a way that the person who found or seized it will recognize it in court. · Chain of Custody must be properly documented · Legal Admissibility and Preserving Trace Evidence