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

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 ArchTainted Arch

Loops Radial Loop Ulnar Loop

Whorls Plain WhorlCentral 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 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