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Investigation and Arrest

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1 Investigation and Arrest

2 Exhibit E must be entered before exhibits A and F
A forensic scientist plans to enter six exhibits- A,B,C,D,E and F-during a murder trial. Each exhibit will be referred to only once. The order in which the exhibits are entered is subject to the following conditions: Exhibit E must be entered before exhibits A and F Exhibit D must be entered later than exhibit A Exhibit B must be the third exhibit entered Which of the following could be true of the order in which the exhibits are entered? a) A is entered sixth b) B is entered first c) D is entered second d) E is entered third e) F is entered sixth

3 Please provide a handwriting sample…
Copy these 3 statements on your piece of paper. Record your name at the top. Place your sample in the envelope on top of the fridge. 1. The quick brown fox jumped over the lazy dogs. 2. I went to the store and bought 3 apples, 8 donuts, 10 oranges and it cost $7.92. 3. I found 2 rabbits, 4 fish, 6 dolphins and 5 turtles.

4 Stations Things to know:
You will need a piece of paper for assignments So…you will require a pen or pencil! Follow directions CAREFULLY! Complete all necessary work- some parts may be collected for evaluation!

5 Location of Stations: Station #1: Group of tables closest to the door
Station #2: Pod Station #3: Group of tables at the back of room Station #4: Group of tables closest to the windows and closest to the front of the room Station #5: Hallway Station #6: Group of tables closest to teacher’s desk and closest to the front of the room

6 Protecting and Preserving the Crime Scene:
Crime scene: the site where the offence took place 3 tasks police complete when entering a crime scene: Assist injured people Call in reinforcements Search crime scene for possible perpetrators

7 Crime scenes are preserved for 3 reasons:
To allow for a thorough search To seize and collect physical evidence To be sure that the evidence collected is admissible in court and that it is not contaminated which could cause inaccurate conclusions

8 How to protect evidence:
Document the scene accurately by using a police log. This contains: What was witnessed at the crime scene What he/she learned from the crime scene from speaking to witnesses/suspects Take photographs Sketches

9 Record the following chart in your notes:
For the next activity, you will need to refer to your text book pages 194 and 195. Record the following chart in your notes:

10 Who does what??? Role Job Description Patrol Officer
Scenes of Crime Officer Criminal Identification Officer Criminal Investigations Bureau Officer

11 Evidence collection Draw conclusions from physical evidence Gathers and analyzes evidence Ensures evidence is not lost or tampered with Interrogates suspects Supervises the investigation Works on crime scenes of more serious offences Collects blood and hair types of evidence Conducts initial interviews with witnesses on the scene Plainclothes detective Sends evidence to labs for analysis Secures the crime scene Skilled photographers Works on crime scenes of less serious offences

12 Answers: Who does what??? Role Job Description Patrol Officer
Ensures evidence is not lost or tampered with, conducts initial interviews, secures the crime scene Scenes of Crime Officer Evidence, collection, Collect blood and hair type evidence, skilled photographers, work on crime scenes of less serious offences Criminal Identification Officer Gather and analyze evidence, sends evidence to labs for analysis, Criminal Investigations Bureau Officer Draws conclusions from physical evidence, interrogates suspects, supervises the investigation, works on crime scenes of more serious offences, plainclothes detective

13 Vocabulary Physical evidence: any object, impression, or body element that can be used to prove or disprove facts relating to an offence. This type of evidence carries a greater weight in court than witnesses’ statements. Forensic evidence: the use of biochemical and other scientific techniques to analyze evidence in a criminal investigation. An example of a forensic scientist is a medical examiner who performs autopsies to determine a murder victim’s cause and time of death.

14 Impressions: patterns or marks found on surfaces and caused by various objects such as fingers, gloves, shoes, tires, or tools.

15 Impressions have 2 characteristics:
Class Characteristics: general attributes of an object, such as type, make, model, style and size. *These characteristics can be shared by thousands of other tires. Individual Characteristics: the specific and unique features of an object.

16 CLASS characteristic or INDIVIDUAL characteristic?
Here is some information recorded about a tire at the scene of an accident. Classify each piece of information: 12 inch tire: Class Characteristic Wear and tear of the tire: Individual Characteristic Steel belted radial tire: Manufactured by B.F. Goodrich Company in the year 2000:

17 Reading Assignment Beginning on page 196, read about the following topics: Fingerprints Glove and Shoe Prints and Tire Tracks Body Elements and DNA DNA Testing Procedures for labeling evidence Once you have finished, please complete the activity. * You are not required to read the case on page 199 or the Forensics article on page 201.

18 R. v. Dhillon (2001) Page 199 Vocabulary
Bludgeoned: beaten with a club 2. Alibi: evidence that supports a person’s claim that when an alleged act took place, one was elsewhere. 3. Substantiate: to prove

19 Questions: Were the tire and shoe impressions representative of class or individual characteristics? Class characteristics- they could be applied to a number of vehicles List the other types of evidence collected. Victim’s jacket Victim’s body Semen sample taken from the victim’s body belonging to the perpetrator 3. Why were the tire and shoe impressions so useful in the investigation? These impressions are what initially aroused their suspicions and led them to a possible suspect 4. Why was the evidence insufficient to lay charges until the DNA match was made 20 years later? Although the suspect claimed he had an alibi and the lie detector seemed to support this, other stories were conflicting therefore not proving any concrete evidence.

20 Homework Assignment: “Forensic Test Dashes Hopes”
Read the article on page 201 of your text and answer the following questions: Briefly describe the two (2) types of evidence in Lee’s case. Which is the more important of the two? Why? 2. Explain the role that forensic scientists played in this case. (What did they do/test?) 3. Lee is among 1 percent (1%) whose hair matches the sample. Do you think this fact is sufficient to confirm his guilt? Why or why not?


22 You be the detective… When the cleaning staff unlocked the office door, the only light in the room came from the glow of the computer monitor. Switching on the overhead light, the cleaner discovered the deceased slumped over the desk. In his pale right hand, he held a gun. There was a bullet hole in his right temple. Under his tanned left hand was a typewritten note. It said, “Have lost everything. Can’t go on. Sorry.” A tray on the desk held a cup of lukewarm coffee, a half-eaten sandwich, and a jelly-filled doughnut. A table under the trophy case on the north wall held an antique Remington typewriter. The carpet showed the impression of several narrow straight lines. After surveying the room, the criminal identification officer said, “I doubt very much that this was a suicide.” On what did she base her assumption?

23 Some hints… Review food and drink Review note left
Review bullet entry site and the hand the gun was in

24 Possible Answers… The temperature of the coffee indicates that the deceased had been eating this meal. It is doubtful that a person planning to commit suicide would eat first. 2. Why would a person use an antique typewriter to type a suicide note when the message could have been left on the computer screen? 3. The marks on the carpet appeared to be practice putts, suggesting the deceased was a golfer. Right-handed golfers wear a glove on their left hands. The deceased’s left hand was tanned, but his right hand was pale, indicating he was left-handed. Yet, the wound was in his right temple and the gun was in his right hand.

25 You have the right to remain silent
You have the right to remain silent. You have the right to retain and instruct legal counsel without delay. You have the right to telephone any lawyer that you wish. You also have the right to free legal advice from a legal aid lawyer. If you are charged with an offence, you can contact the Legal Aid Plan for legal assistance. Do you understand? Do you wish to telephone a lawyer now?

26 Questioning the Accused
Police cannot force a suspect to answer their questions (right to remain silent) Once a person is arrested and informed of his/her rights, anything he/she says can and be used against that person in court Police must promptly inform arrested persons for reason of their arrest and right to counsel Youth are given special rights with regard to questioning

27 Interrogation Techniques
Primary goal of police is to obtain the TRUTH The best way for police to obtain truth is to develop a trusting relationship and questions begin more “open-ended” in a non-threatening way. This may encourage the accused to provide a lot of detail and information. Later, the interrogation will have more “closed questions”. The answers are more specific.

28 Four-Stage Approach for Interrogation
Police will use this approach in the interrogation process, asking the suspect to describe: the entire incident The period of time before the offence took place The details of the actual offence The period following the offence

29 1) identify himself/herself as a police officer
A criminal case begins when the police formally charge a person with committing an offence. The police may either ARREST or DETAIN the suspect. In order for an arrest to be lawful, the officer must follow these 4 steps: 1) identify himself/herself as a police officer 2) advise the accused that he/she is under arrest 3) inform the accused promptly of the charge/show arrest warrant if applicable 4) touch the accused to indicate that he/she is in legal custody

30 Detention Involves stopping someone, depriving him/her of liberty, (freedom), and asking him/her a few questions. Can be done with or without physical restraint Person must be promptly informed of reasons for detention and the right to retain counsel. (see page 203/204)

31 Consider This While being interrogated in September 2000, Stuart McKellar Cameron told police 7 times that he didn’t want to talk. Nonetheless, officers continued their interrogation until Cameron finally confessed to the murder of one sister and the attempted murder of the other. Should Cameron’s confession be allowed in this circumstance?

32 The answer… Cameron’s confession should not be allowed as evidence because he told police 7 times that he wanted to exercise his right to remain silent. The police were trying to force a statement despite Cameron’s decision to exercise his right to remain silent.

33 The police cannot arrest just anyone they suspect of committing a criminal offence. They have to have some proof that an offence has been committed or REASONABLE GROUNDS for suspecting a person they wish to detain/arrest was the offender.

34 Reasonable Grounds Information available that would cause a reasonable person to conclude that the suspect had committed an offence. Example: The police find Wendy sitting in a car with bags of money in the vicinity of a bank that has just been robbed.

35 There are many different ways someone can be arrested
There are many different ways someone can be arrested. Sometimes a person is physically arrested/apprehended and other times a person is arrested by written notification asking he/she to appear in court on a charge.

36 Methods for Apprehending a Suspect
#1: Appearance Notice Used for less serious offences No need for arrest, so police will issue an Appearance Notice which compels the accused to be in court on a certain date a specified time

37 Methods for Apprehending a Suspect
#2: Bench Warrant Used if the accused fails to show in court This warrant allows for the person to be arrested for failure to show for his/her court appearance and he/she will be charged with “failure to appear” Person could possibly detained in custody until court date

38 Methods for Apprehending a Suspect
#3 Summons Hand-delivered letter indicting when the individual should appear in court and the charge(s) he/she faces Given to someone who is suspected of committing a more serious offence These people don’t need to be in custody because they will likely appear in court as required Sometimes the summons instructs the accused to go to the police station for fingerprinting- failure to do this will lead to a “Bench Warrant” – meaning further charges

39 Methods for Apprehending a Suspect
#4 Arrest Warrant Used for people who will most likely not appear in court as requested The arrest warrant has to be obtained by a judge after consulting police Person usually is detained until court appearance or “makes bail”

40 Methods for Apprehending a Suspect
#5 Arrest without a warrant Police can arrest someone without a warrant if: They have “reasonable grounds” to suspect a person has committed an offence, is committing an offence or about to commit an indictable offence They find a person they believe is named on an arrest warrant A peace officer can arrest a person without a warrant. These people include: mayors, prison guards, custom officers, aircraft pilots, fisheries officers

41 Fast Fact Passengers and crew who come to the aid of the pilot to help subdue a violent passenger are protected by section 25 of the Criminal Code, which states that they are “in aid of a peace officer”.

42 Methods for Apprehending a Suspect
#6 Citizen’s Arrest Most citizen’s arrests are made by employees working in stores when a person shoplifts (You can arrest a person for stealing your personal property) Immediately after an arrest is made the suspect must be turned over to police You can arrest people in the act of committing an offence, or if you have reasonable grounds to believe someone just committed an offence or someone who is escaping and being pursued by police Rare- not many citizen’s arrests made Why????

43 Consider This! Ontario’s Safe Street Act (1999) gives police the authority to arrest aggressive panhandlers and “squeegee kids” without a warrant. Does this law violate the right of Canadians not to be arbitrarily detained or arrested?

44 Answer… One could argue that it does violate a person’s right not to be arbitrarily arrested or detained. However, section 1 of the Charter allows the government to place “reasonable limits” on this right. If a person’s behaviour isn’t considered reasonable- such as being aggressive, then you can be detained or arrested.

45 Thinking about police searches…
Police officers who do not have a warrant can search a residence with the homeowner’s permission. Discuss whether police officers should have the right to search your room without your permission, even if they have your parents’ permission to search the residence.

46 A possible answer…sort of…
The courts have ruled differently in various cases on the question of whether parents can give the police permission to search a youth’s bedroom without a warrant and without the youth’s permission. (Page 315)

47 A couple of terms to help you…
Summary Offence: a minor offence that has a light penalty or punishment. Indictable Offence: a serious crime that carries a penalty heavier than summary offences.

48 Pairs “Reciprocal Read”
Find a partner- choose someone whom you feel comfortable reading aloud with for this task Turn to page 208 in your text. For the next 15 minutes, you are expected to read the sections: * Searching a Person & Searching a Place One person reads the first paragraph while the other person follows along. At the end of the paragraph, the partner who was listening offers one piece of thinking. Then the roles reverse for the second paragraph and so on until the end of the article. You are expected to read aloud and to have a short discussion piece at the conclusion of each paragraph which is initiated by the listener.

49 Assignment Complete the assignment based on the reading that you and your partner just finished. Because you have read and discussed the article, I suspect that you will find this a fast activity to complete.

50 R. v. Polashek (Page 207) Questions:
Constable Ross did not have a warrant to arrest or search the suspect. Explain why he was legally entitled to take both of these steps away. - He had reasonable grounds to do so. He could smell marijuana, Polashek’s response to Ross’ questioning, the neighbourhood where the incident took place and the time of night. What circumstances indicated that Polashek possessed drugs for the sake of trafficking? - carrying a large sum of cash( more than $4000) - shoeboxes containing wrapped bags of marijuana - set of scales for weighing drug Why is it important to inform a suspect of the right to counsel immediately? Explain how a suspect is harmed when this procedure is delayed. - If Polashek had been informed of his rights immediately after his first arrest, he might have decided to contact his lawyer and may not have made incriminating statements that the police recorded after arresting him the second time.

51 R v. Golden (Page 209) Instructions:
You will be given a question for your group to discuss. Develop an answer to share with the class.

52 Procedures after Arrest
You may be required to be fingerprinted and photographed and/or asked to participate in a line-up You cannot be forced to be fingerprinted and/or photographed unless you have been arrested for an indictable offence. A line-up is when you are placed in an actual line-up with other people sharing a similar height, build, and age. You cannot be forced to stand in a line-up. Often defendants will act on the advice of his/her lawyer.

53 Pre-Trial Release When someone has been physically arrested and then to be released from the police station and await trial, police will do one or more of the following: Promise to Appear: If police have reason to believe that the person will return for his/her court date, and not commit any further crimes during that time period, the police will issue a “Promise to Appear” document which the accused signs.

54 Recognizance: Upon release, the accused may be required to sign a recognizance- a guarantee that he/she will appear in court and if he/she doesn’t, he/she will receive a fine of up to $ A deposit is not usually required.

55 Surety: The police may request a “surety”- that is someone who is willing to pay a certain sum of money if the accused fails to show in court. They must sign for the release under the above stated conditions.

56 Police usually try to keep serious indictable offenders in jail until hearing… but…there is BAIL
Bail is the temporary release of a prisoner who posts a sum of money or other security to guarantee his/her appearance in court Must have bail hearing within 24 hours of arrest If the Crown does not want the accused released, a “show-cause hearing” is held to “show cause” why someone should be denied bail. These reasons usually include: *Fear that the prisoner will flee *Threat to public safety

57 Some circumstances may justify a REVERSE ONUS
Some circumstances may justify a REVERSE ONUS. This means it is no longer the Crown’s responsibility to show why someone should be imprisoned, but rather the defense's turn to show why bail should be granted.

58 If the accused falls into one of the categories below, bail will be automatically denied unless his/her defence lawyer can convince the judge otherwise… If the accused is charged with committing an indictable offence while already out on bail If the offence is indictable and the accused is NOT a Canadian citizen If the charge involves failure to appear or breach of a bail condition If the accused is charged with importing, trafficking, or possession for the purpose of trafficking narcotics

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