24 Questions
What was Mercy doing on the day she witnessed the shooting?
Coming from the hospital
Why is Mercy unable to attend the trial on 15 May 2024?
She is giving birth on that day
What is Jack's confession related to?
He was not attending his JTR 101 lectures
What is the role of Jack in this scenario?
He is the investigating officer
Why is Mercy's statement important in this case?
She is the only eyewitness to the shooting
Where did the shooting take place?
At the Govan Mbeki taxi rank
What did Mercy learn at the hospital?
She was one month pregnant
What is the purpose of taking Mercy's statement?
To use as evidence in court
What is the primary goal of an interview in a witness information gathering process?
To gather information and clarify facts
What is the main difference between an interview and an interrogation?
The goal of the conversation
Why does Nurse Dorothy want to 'interrogate' Nurse Kelly?
To clarify the facts surrounding the baby deaths
What method can be used to encourage a witness to provide information during an interview?
Building rapport with the witness
Why is Nurse Dorothy hesitant to accuse Nurse Kelly of killing the babies?
Because she wants to make sure it's not a coincidence
What is an example of a method used to encourage a witness to provide information during an interview?
Using open-ended questions
What is the primary goal of an interrogation in a witness information gathering process?
To accuse the witness of a crime
What is the result of Nurse Dorothy's investigation into the baby deaths?
She finds that Nurse Kelly is alone in the nursery when the babies die
What is the name of the building where Mercy works as a cashier?
Embizweni Building
What is Mercy's cell phone number?
075694260
What is the address of Mercy's rural home?
16 Jaiva Street, Motherwell, Port Elizabeth, 6021, South Africa
What is the reason why Mercy is hesitant to give her statement as a witness?
She fears that she or her baby may be in danger
What is the language spoken by everyone in Mercy's family household?
English
What is the phone number of Mercy's boyfriend Peter?
0623754263
What is the address of Mercy's home in Port Elizabeth?
7 Roost St, Forest Hill, Port Elizabeth, 6001, South Africa
What is the reason why Jack needs to get Mercy's written statement admitted in court?
Mercy is unavailable to testify in court
Study Notes
Taking of Statements and Report Writing (JTR 101)
- The test is on May 10, 2024, and lasts for 75 minutes.
- It consists of direct questions and problem-type scenario questions.
- All questions must be answered, and handwriting must be legible.
Witness Statement
- Mercy Banda, a 28-year-old eyewitness, witnessed a shooting at the Govan Mbeki taxi rank.
- She is considered the most credible eyewitness and is scheduled to testify in court on May 15, 2024.
- Mercy is pregnant and expects to give birth on the same day, so she won't be able to attend court.
Admissibility of Written Statement
- For a written statement to be admissible in court without the witness attending, certain conditions must be met.
- The statement must be voluntarily made, and the witness must be unavailable to testify.
- The statement must be signed, and the witness must have been advised of their rights.
- The contents of the statement must be relevant to the case.
Drafting a Statement
- A statement preamble should include the witness's personal details, the date, and the investigating officer's details.
- Example: "I, Mercy Banda, ID number [insert ID], of 7 Roost St, Forest Hill, Port Elizabeth, Eastern Cape, do hereby declare that the following statement is true and correct."
Encouraging Witnesses to Provide Information
- Methods to encourage witnesses to provide information include building rapport, active listening, and providing reassurance.
- Building rapport: Showing empathy and understanding, e.g., "I understand you're scared, but your testimony is crucial in bringing justice."
- Active listening: Maintaining eye contact, nodding, and summarizing what the witness says, e.g., "Just to make sure I understand, you're saying you saw the shooter wearing a red hat?"
- Providing reassurance: Ensuring the witness's safety and confidentiality, e.g., "We'll provide protection for you and your baby; your identity will be kept confidential."
Interview vs. Interrogation
- An interview is a conversation to gather information, while an interrogation aims to obtain a confession.
- Example: "Nurse Kelly, can you tell me about your experience working in the nursery?" (interview)
- Example: "Nurse Kelly, we have evidence that you've been involved in the deaths of the babies. Tell me the truth." (interrogation)
Test your knowledge on taking statements and report writing in the context of criminal justice. This assessment covers direct questions and problem-type scenario questions.
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