Rules of Criminal Procedure

Introduction

Chain of events from CRIME to TRIAL is subject to the laws of criminal procedure

The laws balance two sometimes conflicting objectives:

1. To discover the truth about a criminal event

2. To protect civil liberties

Introduction

The rules of criminal procedure mark the boundary between legitimate police investigative practices and a person’s right to liberty, privacy, and personal security

The rule of law applies as much to police as to the people accused of a crime

The Charter of Rights and Freedoms confirms our commitment to fair process making criminal procedure a matter of criminal law

Group Work: Legal Rights

Crime Scene Investigation

Responsibility to investigate crime scenes and to collect and secure evidence

Strength and integrity of ensuring criminal procedures depend to a large extent on the competence of the police officers during this stage

VERY IMPORTANT – Lapses can contaminate proceedings and cause problems for the CROWN or mistrials

The Crime Scene

Rich source of physical evidence

Scene must be secured so that evidence is not tampered with Officers first on scene – heavy responsibilities Must determine the boundaries of the crime scene

S.129 of The Criminal Code - obstructing a police officer in the lawful execution of his/her duties; gives police authority to cordon off and refuse entry to a crime scene

The Crime Scene

The security of the scene falls under the coroner’s authority in the following cases:

Sudden or unexpected deaths Deaths of persons in custody Deaths occurring in institutions Deaths from violence Suicides Deaths occurring in a suspicious, unusual or unnatural

manner

Processing the Crime Scene

Focus of police investigation is the collection physical evidence

CSI carried out by a mobile crime lab

Preparing a description of what they find

Photographing the scene

Preparing diagrams or sketches

http://www.youtube.com/watch?v=jcypaqcKesU

Crime Scene Procedures

It is important to safeguard the continuity of evidence:

No evidence is left unattended from the time of seizure locked and logged in locker

The case officer (the officer who seized the item) or his/her designate is responsible for the transfer of evidence to the forensic laboratory and to and from court

Processing Physical Evidence

Forensic scientist’s job is to put the evidence together correctly like the pieces of a puzzle

Analysis of the evidence may involve biology, chemistry, physics, anthropology, geology and computer science

Often call on experts to give evidence in court

Fingerprints

With DNA, fingerprints are considered by many to be the best way to identify a suspect and place them at a crime scene

Fingerprints never change and are unique to each person

Fingerprint pattern can be identified

Arches

Plain Arch Tainted Arch

Loops

Radial Loop Ulnar Loop

Whorls

Plain Whorl Central Pocket Whorl

Double Loop Whorl

Accidental Whorl

Types of Fingerprint Evidence

Latent fingerprints Created when a person’s fingers come into contact

with an object such as a piece of glass or plastic Created by a residue of oil and perspiration from the

fingertip Usually invisible and requires the application of

chemicals or laser light

Types of Fingerprint Evidence

Visible impressions Finger’s contact with a surface where blood, dust or

grease was previously deposited

Moulded fingerprint Leaves a visible impression in a soft substance such

as clay or wax

Processing Fingerprints

If the quality of the fingerprint is adequate and individual had prints on file as a result of a prior arrest or conviction the individual can be identified through comparison

Needs to be 10-12 points of comparison

Do twins have the same fingerprints?

Trace Elements

Includes dirt, dust and residue

Origin of these elements may provide a link between a suspect and a crime

Hair

If the sample contains the root, shaft and tip it may reveal a person’s: Racial background Area of the body from which the hair originated Person’s blood type

Fibers

Examination may determine their point of origin or manufacturer

Matching the fibres found on the sole of a shoe of a victim with the rug in the accuser’s residences

Blood

Impaired driving offences – blood evidence is paramount

Size and shape of blood drops and blood splatter patterns can provide effective evidence in a crime

Gunshot Residue

When a firearm is discharged many materials other than the bullet are expelled from the nozzle

Gases Unburned or partially burned powder grains Carbon particles Traces of the bullet lubricated Traces of primer components

These trace elements are deposited on the hands of the person discharging the gun and can be detectable and identifiable

Hand Wash Test

The suspect wash his/her hands in solution

The solution is sent to a lab for analysis

Scanning electron microscopy SEM

New way to test for Gunshot residue

A special utensil containing a gummed substance is held against the skin and then removed

The gunshot residue will adhere to the gummed substance, which is then prepared for examination by the scanning electron microscope

DNA: Deoxyribonucleic acid

All humans have a distinctive genetic code (46 chromosomes) which are composed of deoxyribonucleic acid (DNA)

DNA is found in: Blood stains Semen Saliva Vaginal secretions Skin Hair follicles

http://www.youtube.com/watch?v=khlPFb8mhEM