National Certified Investigator/Inspector Training Basic Program

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Presentation transcript:

National Certified Investigator/Inspector Training Basic Program End of Course Review National Certified Investigator/Inspector Training Basic Program

Examination The format is multiple choice. 78 questions One hour time limit

Professional Conduct Review

Professional Conduct Review A professional investigator is a fair and unbiased fact-finder. Respect is not granted automatically, but is earned on an individual basis through each interaction.

Professional Conduct Review Your attitude is not what you intend, but what others perceive. Ethics is defined as “principles of right conduct”. Conflicts of interest are a major issue facing regulators.

Principles of Administrative Law Review

Administrative Law Review Administrative agencies are given authority to set standards and determine violations. Administrative agencies are subject to executive, legislative and judicial controls. Board composition is determined in each jurisdiction and can vary greatly.

Administrative Law Review The types of agencies are: autonomous board, centralized agencies, semi-autonomous. Although the Rules of Evidence do not apply, they are usually followed.

Administrative Law Review Judicial review determines if the agency – Acted constitutionally Acted within authority Used correct procedure Made a decision supported by facts Imposed a justified penalty

Administrative Law Review The three standards of judicial review are arbitrary, capricious, or abuse of discretion.

Investigative Process Review

Investigative Process Review The investigative process consists of four phases: intake, analysis, planning and execution. A complaint is an expression of pain, dissatisfaction, resentment, discomfort or grief.

Investigative Process Review Consumers, licensees, professional associations, other agencies, and the media are all sources of complaints. For a complaint to meet the standard of acceptance it must be jurisdictional and legally sufficient.

Investigative Process Review Most agencies accept complaints either verbally or in writing. The use of a standardized document that captures all pertinent data and is easily tracked is a centralized collection process.

Investigative Process Review Experts are used because of specialization in practice areas. To properly develop a case, the investigator must know the law or regulation allegedly violated and be able to show the specific elements of that law or regulation.

Investigative Process Review Probable cause must be shown to obtain a search warrant. The primary source of information is the investigator. The complainant’s information is the foundation for the investigation.

Investigative Process Review An investigative plan should consider financial considerations, personnel requirements and equipment needs. De-escalation techniques are counter-intuitive and must be practiced to be effective.

Investigative Process Review Use a low tone of voice and modulated speech when attempting de-escalation techniques. Do not attempt to use de-escalation techniques when weapons are involved. Immediately remove yourself if possible.

Principles of Evidence Review

Principles of Evidence Review Rules of evidence ensure consistency, fairness, and reliability. The two classifications of evidence are Direct and Circumstantial. The competence of an expert witness must be determined at each hearing.

Principles of Evidence Review Demonstrative evidence is used to support testimonial evidence. Admissible evidence must be material, relevant, and competent. Privileged evidence may not be admitted.

Principles of Evidence Review Types of privileged evidence – Physician/patient Clergyman/penitent Marital Attorney/client Other relationships Trade secrets

Principles of Evidence Review Authenticating evidence means establishing that something is what you claim it to be. Best Evidence Rule - the most original document is best. Preponderance of the evidence is the standard of proof in most administrative proceedings.

Evidence Collection Review

Evidence Collection Review The best method to mark evidence is to do it directly on the item unless it affects the evidentiary value. Scene photographs are taking from general to specific.

Evidence Collection Review Evidence may be unavailable, unauthenticated, or damaged if proper evidence procedures and practices are not followed.

Interviewing Review

Interviewing Review An interview is a conversation with a purpose. Honesty, integrity, and objectivity all help an investigator show a desire to seek the truth.

Interviewing Review An investigator displays a professional demeanor in many ways including, posture, bearing, facial expressions, gestures, tone of voice, and style of speech.

Interviewing Review An interrogation is the questioning of an individual who is believed to have information, but is reluctant to share it. Privacy, neutral environment, minimal distractions, lighting, and seating are all important interview location considerations.

Interviewing Review Provide your credentials and indentifying information as part of rapport building. Demonstrating an unbiased and professional demeanor is an excellent way to establish rapport and gather information.

Interviewing Review The core of all interviews is indirect and direct examination. Non-verbal communication tends to be the best way to identify true, honest communication.

Interviewing Review Keep your questions short, simple, and clear and give the interviewee time to answer. A good way to get information from a person of interest is the monologue technique.

Inspections Review

Inspection Review The purpose of an inspection is to protect the health, welfare, and safety of the public. The inspector is the eyes and ears of the agency.

Inspection Review One possible source of authority to conduct an inspection is implied consent. The exit interview is an inspection element that is most often overlooked and conducting incorrectly.

Report Writing Review

Report Writing Review Investigative reports must be objective and factual. The basic purpose of a factual report is to be descriptive.

Report Writing Review The active voice is preferred over the passive voice because it is shorter and more direct. If your agency allows, your reports should be written in first person because it is shorter, clearer, and flows better for the reader.

Report Writing Review Concrete words are preferred in investigative reports as they make sentences as clear as possible. Proofreading is essential and any good writer in your agency can be a proofreader.

Report Writing Review Reports should follow a chronological sequence. The report should be written throughout the course of the investigation, not after the investigation is fully completed.

Report Writing Review Always follow agency policy regarding destroying notes and reports. If no policy exists, make sure the legal case is complete, including appeals, before destroying any information.

Testifying Review

Testifying Review Investigators are used to summarize evidence. The main role of an investigator is to tell the truth in an objective and impartial manner.

Testifying Review If you make a mistake during testimony, admit it and correct the error as soon as possible. Regardless of the tact of the defense attorney, the investigator should think before speaking and give truthful responses.

Testifying Review Good witness testimony includes professional attitude, demeanor, attention to detail, honesty, listening skills, and careful speech. Courtroom demeanor includes respect for all, giving clear and concise answers, and providing impartial testimony.

Good Luck