Rules of Criminal Procedure

1. Rules of Criminal Procedure

2. A Dose of Reality • Compare and Contrast: While watching an episode of CSI, write down at least three examples where what is shown during the episode does not match up with reality.

3. Crime Scene Investigation • The Crime Scene • Rich source of physical evidence • The scene MUST be secured so that evidence is not tampered with • First officer on scene must secure the c/s boundaries • Officers have the right to refuse entry to the c/s

4. C/s may be safely removed from police custody unless there is a death. • Role of the coroner • Police officers may seize anything in the c/s that would add to an investigation

5. Processing the crime scene • Once c/s had been secured focus shifts to collecting physical evidence • Some physical evidence is easy to identify • Appearance of evidence that may need processing (ex. fingerprints) • C/s investigation is carried out by members of a mobile crime lab or specially trained officers

6. Collection of physical evidence includes: • Photographing the scene • Preparing diagrams or sketches • Collecting fingerprints • Preparing a description of the c/s

7. Police forces often hire specialist to help collect evidence from the c/s • Established procedure exist for the seizure, handling and storage of evidence. • All procedures are designed to protect the continuity of evidence

8. Processing Physical Evidence • Fingerprints • One of the best ways to identify a suspect • Fingerprints patterns fall into three categories: • Arches • Loops • Whorls

9. Types of fingerprints found on the scene: • Latent • Visible • Molded • Fingerprints taken from a c/s are taken sent to the RCMP in Ottawa to be run through a central system.

10. If an individual's prints are on file from a previous arrest/conviction, and if the quality of the fingerprint is high, then a comparison will occur. • These comparisons are carried out by fingerprint experts • The comparisons are usually on a 10-12 point scale.

11. Trace elements • examples: dirt, dust, liquids, hair and residue • Can provide a link between the suspect and the crime • The importance of hair samples: can determine someone's ethnic background and if the root is intact, DNA may be extracted.

12. Blood • Blood can be extremely useful in several different crime scenes/cases (ex. DUI’s, or mens reus issues) • Blood follows the laws of motion and properties of other fluids • Splatter analysis

13. Gunshot residue • When a firearm is discharged many materials are expelled from the gun besides the bullet. • GSR include: gases, unburned powder, carbon particles, fragments of the bullet and metal traces from the barrel

14. GSR can be found on an individual’s hands, or clothes • Hand wash test v. Scanning electron microscopy • Attempting to detect increased levels of lead, barium and antimony

15. DNA - Distinct genetic code of 46 chromosomes • DNA can be found in blood stains, semen, hair, skin, saliva • When DNA is properly identified, to can identify a person with the certainty of 1 in several billion. • Extreme small examples of human material is sufficient for DNA extraction.

16. Impact of the Charter on Police Powers • Creating a balance between enforcing the law and protecting the rights of individuals • Writ of habeas corpus – test the legality of imprisonment • Section 24(2): the discretion to exclude evidence from the trial of an accused person. • This includes illegal or unconstitutional evidence

17. The fear of the Charter allowing courts to disregard evidence and allow guilty people to be acquitted. • The Charter has not had this effect. • The Charter has forced courts to tackle difficult issues and questions.

18. The Arrest Power • The legal definition of an arrest in much more complex than just taking a person into custody. • Arrests can take place with or without a warrant • Police officers or private citizens • Section 494/495= rules for making a warrant-less arrest.

19. We use the terms indictable and summary conviction to differentiate between serious and less serious offences. • Murder= indictable Public disturbance = summary • Hybrid offences include a variety of offences that can range from small to serious (ex assault) • The use of judicial warrants

20. Arrest and the Charter • Sections 9/10 added elements to the arrest process. • Applies to people who have been both arrested and detained. • Raised several issues (ex. Roadside screening with DUI’s) • Infringing on civil liberties • The concept of “reasonable grounds” • Issue of racial profiling

21. The Search Power • Police powers in relation to search and seizure • Searches must be formally authorized… police have no right to search a person/place in hopes of finding evidence • Power to search in the C.C.= s 487 • Section 487= provides previous authorization for specific searches, only when reasonable grounds exist. • Major exception= Search incidental to arrest.

22. Appearing in Court • System’s belief that we are innocent until proven guilty. • Legally enforced promise to appear in court • Varies when dealing with different kinds of offences.

23. Procedural options: • Appearance notice • Summons • Promise to appear/recognizance • Apply to charges of summary convictions, hybrid offences and less serious indictable offences. • For more serious cases, the Crown must prove that dentition is necessary, and a hearing is usually held within 24 hours.

24. Some real world examples… • Crime Scene case file http://www.aetv.com/the_first_48/crack-case/ • Crime 360: Fatal Feud http://www.aetv.com/crime-360/video/index.jsp?bcpid=1459183602&bclid=16420123001&bctid=16457639001

25. Young, Black, Male … and Affluent? • Case Study: R v. Brown [2003] > Summarize and complete questions 1-4 * found on pages 274/275