Rules of Criminal Rules of Criminal ProcedureProcedure

A Dose of RealityA Dose of Reality Compare and Contrast:Compare and Contrast:

While watching an episode of While watching an episode of CSICSI, write , write down at least three examples where what down at least three examples where what is shown during the episode does not is shown during the episode does not match up with reality. match up with reality.

Crime Scene InvestigationCrime Scene Investigation

The Crime SceneThe Crime Scene

- Rich source of physical evidenceRich source of physical evidence

- The scene MUST be secured so that The scene MUST be secured so that evidence is not tampered withevidence is not tampered with

- First officer on scene must secure the c/s First officer on scene must secure the c/s boundariesboundaries

- Officers have the right to refuse entry to Officers have the right to refuse entry to the c/sthe c/s

- C/s may be safely removed from police C/s may be safely removed from police custody unless there is a death. custody unless there is a death.

- Role of the coronerRole of the coroner

- Police officers may seize anything in the Police officers may seize anything in the c/s that would add to an investigationc/s that would add to an investigation

Processing the crime sceneProcessing the crime scene

Once c/s had been secured focus shifts to Once c/s had been secured focus shifts to collecting physical evidencecollecting physical evidence

Some physical evidence is easy to identifySome physical evidence is easy to identify Appearance of evidence that may need Appearance of evidence that may need

processing (ex. fingerprints) processing (ex. fingerprints) C/s investigation is carried out by C/s investigation is carried out by

members of a mobile crime lab or specially members of a mobile crime lab or specially trained officers trained officers

Collection of physical evidence includes:Collection of physical evidence includes:

- Photographing the scenePhotographing the scene

- Preparing diagrams or sketchesPreparing diagrams or sketches

- Collecting fingerprintsCollecting fingerprints

- Preparing a description of the c/s Preparing a description of the c/s

Police forces often hire specialist to help Police forces often hire specialist to help collect evidence from the c/s collect evidence from the c/s

Established procedure exist for the Established procedure exist for the seizure, handling and storage of evidence.seizure, handling and storage of evidence.

All procedures are designed to protect the All procedures are designed to protect the continuity of evidence continuity of evidence

Processing Physical EvidenceProcessing Physical Evidence

Fingerprints Fingerprints - One of the best ways to identify a One of the best ways to identify a

suspectsuspect- Fingerprints patterns fall into Fingerprints patterns fall into three categories:three categories:1)1) ArchesArches2)2) LoopsLoops3)3) WhorlsWhorls

Types of fingerprints found on the scene:Types of fingerprints found on the scene:

- Latent Latent

- VisibleVisible

- Molded Molded

Fingerprints taken from a c/s are taken Fingerprints taken from a c/s are taken sent to the RCMP in Ottawa to be run sent to the RCMP in Ottawa to be run through a central system. through a central system.

If an individual's prints are on file from a If an individual's prints are on file from a previous arrest/conviction, and if the previous arrest/conviction, and if the quality of the fingerprint is high, then a quality of the fingerprint is high, then a comparison will occur.comparison will occur.

These comparisons are carried out by These comparisons are carried out by fingerprint expertsfingerprint experts

The comparisons are usually on a 10-12 The comparisons are usually on a 10-12 point scale. point scale.

Trace elementsTrace elements

- examples: dirt, dust, liquids, hair and examples: dirt, dust, liquids, hair and residueresidue

- Can provide a link between the suspect Can provide a link between the suspect and the crimeand the crime

- The importance of hair samples: can The importance of hair samples: can determine someone's ethnic background determine someone's ethnic background and if the root is intact, DNA may be and if the root is intact, DNA may be extracted. extracted.

Blood Blood

- Blood can be extremely useful in several Blood can be extremely useful in several different crime scenes/cases (ex. DUI’s, or different crime scenes/cases (ex. DUI’s, or mens reusmens reus issues) issues)

- Blood follows the laws of motion and Blood follows the laws of motion and properties of other fluidsproperties of other fluids

- Splatter analysisSplatter analysis

Gunshot residueGunshot residue

- When a firearm is discharged many When a firearm is discharged many materials are expelled from the gun materials are expelled from the gun besides the bullet. besides the bullet.

- GSR include: gases, unburned powder, GSR include: gases, unburned powder, carbon particles, fragments of the bullet carbon particles, fragments of the bullet and metal traces from the barreland metal traces from the barrel

- GSR can be found on an individual’s GSR can be found on an individual’s hands, or clotheshands, or clothes

- Hand wash test v. Scanning electron Hand wash test v. Scanning electron microscopy microscopy

- Attempting to detect increased levels of Attempting to detect increased levels of lead, barium and antimonylead, barium and antimony

DNADNA

- Distinct genetic code of 46 chromosomes- Distinct genetic code of 46 chromosomes

- DNA can be found in blood stains, semen, DNA can be found in blood stains, semen, hair, skin, salivahair, skin, saliva

- When DNA is properly identified, to can When DNA is properly identified, to can identify a person with the certainty of 1 in identify a person with the certainty of 1 in several billion. several billion.

- Extreme small examples of human Extreme small examples of human material is sufficient for DNA extraction. material is sufficient for DNA extraction.

Impact of the Charter on Impact of the Charter on Police Powers Police Powers

Creating a balance between enforcing the Creating a balance between enforcing the law and protecting the rights of individualslaw and protecting the rights of individuals

Writ of Writ of habeas corpus – habeas corpus – test the legality of test the legality of imprisonmentimprisonment

Section 24(2): the discretion to exclude Section 24(2): the discretion to exclude evidence from the trial of an accused evidence from the trial of an accused person. person.

This includes illegal or unconstitutional This includes illegal or unconstitutional evidence evidence

The fear of the Charter allowing courts to The fear of the Charter allowing courts to disregard evidence and allow guilty people disregard evidence and allow guilty people to be acquitted. to be acquitted.

The Charter has not had this effect.The Charter has not had this effect. The Charter has forced courts to tackle The Charter has forced courts to tackle

difficult issues and questions.difficult issues and questions.

The Arrest PowerThe Arrest Power

The legal definition of an arrest in much The legal definition of an arrest in much more complex than just taking a person more complex than just taking a person into custody.into custody.

Arrests can take place with or without a Arrests can take place with or without a warrantwarrant

Police officers or private citizensPolice officers or private citizens Section 494/495= rules for making a Section 494/495= rules for making a

warrant-less arrest. warrant-less arrest.

We use the terms indictable and summary We use the terms indictable and summary conviction to differentiate between serious conviction to differentiate between serious and less serious offences.and less serious offences.

Murder= indictable Murder= indictable Public disturbance = summaryPublic disturbance = summary

Hybrid offences include a variety of Hybrid offences include a variety of offences that can range from small to offences that can range from small to serious (ex assault) serious (ex assault)

The use of judicial warrantsThe use of judicial warrants

Arrest and the CharterArrest and the Charter Sections 9/10 added elements to the Sections 9/10 added elements to the

arrest process. arrest process. Applies to people who have been both Applies to people who have been both

arrested and detained. arrested and detained. Raised several issues (ex. Roadside Raised several issues (ex. Roadside

screening with DUI’s) screening with DUI’s) Infringing on civil libertiesInfringing on civil liberties The concept of “reasonable grounds”The concept of “reasonable grounds” Issue of racial profilingIssue of racial profiling

The Search PowerThe Search Power

Police powers in relation to search and seizurePolice powers in relation to search and seizure Searches must be formally authorized… police Searches must be formally authorized… police

have no right to search a person/place in hopes have no right to search a person/place in hopes of finding evidenceof finding evidence

Power to search in the C.C.= s 487Power to search in the C.C.= s 487 Section 487= provides previous authorization for Section 487= provides previous authorization for

specific searches, only when reasonable specific searches, only when reasonable grounds exist. grounds exist.

Major exception= Search incidental to arrest. Major exception= Search incidental to arrest.

Appearing in CourtAppearing in Court

System’s belief that we are innocent until System’s belief that we are innocent until proven guilty. proven guilty.

Legally enforced promise to appear in Legally enforced promise to appear in courtcourt

Varies when dealing with different kinds of Varies when dealing with different kinds of offences. offences.

Procedural options:Procedural options:

1)1) Appearance noticeAppearance notice

2)2) SummonsSummons

3)3) Promise to appear/recognizancePromise to appear/recognizance

Apply to charges of summary Apply to charges of summary convictions, hybrid offences and less convictions, hybrid offences and less serious indictable offences. serious indictable offences.

For more serious cases, the Crown must For more serious cases, the Crown must prove that dentition is necessary, and a prove that dentition is necessary, and a hearing is usually held within 24 hours. hearing is usually held within 24 hours.

Some real world examples…Some real world examples…

Crime Scene case file Crime Scene case file

http://www.aetv.com/the_first_48/crack-cahttp://www.aetv.com/the_first_48/crack-case/se/

Crime 360: Fatal FeudCrime 360: Fatal Feud

http://www.aetv.com/crime-360/video/indehttp://www.aetv.com/crime-360/video/index.jsp?bcpid=1459183602&bclid=16420123x.jsp?bcpid=1459183602&bclid=16420123001&bctid=16457639001001&bctid=16457639001

Young, Black, Male … and Young, Black, Male … and Affluent?Affluent?

Case Study:Case Study:

R v. Brown [2003]R v. Brown [2003]

> Summarize and complete> Summarize and complete

questions 1-4questions 1-4

* found on pages 274/275* found on pages 274/275