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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.

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Presentation on theme: "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."— Presentation transcript:

1 Rules of Criminal Procedure

2 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

3 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

4 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

5 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

6 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

7 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

8 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

9 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

10 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

11 Arches Plain ArchTainted Arch

12 Loops Radial Loop Ulnar Loop

13 Whorls Plain WhorlCentral Pocket Whorl Double Loop Whorl Accidental Whorl

14 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

15 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

16 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?

17 Trace Elements  Includes dirt, dust and residue  Origin of these elements may provide a link between a suspect and a crime

18 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

19 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

20 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

21 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

22 Hand Wash Test  The suspect wash his/her hands in solution  The solution is sent to a lab for analysis

23 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

24 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

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