Presentation Transcript

1. Legal aspects of forensics

2. Developments in Forensic Science 700s AD- Chinese used fingerprints to establish identity of documents and clay sculptures ~1000- Roman courts determined that bloody palm prints were used to frame a man in his brother’s murder 1149- King Richard of England introduced the idea of the coroner to investigate questionable death 1200s- A murder in China is solved when flies were attracted to invisible blood residue on a sword of a man in the community 1670- Anton van Leeuwenhoek constructed the first high powered microscope 1776- Paul Revere identified the body of General Joseph Warren based on the false teeth he had made for him 1784- John Toms convicted of murder on basis of torn edge of wad of paper in pistol matching a piece of paper in his pocket
3. Developments in Forensic Science 1859- Gustav Kirchoff and Robert Bunsen developed the science of spectroscopy 1864- Crime scene photography developed 1879- Alphonse Bertillion developed a system to identify people using particular body measurements 1896- Edward Henry developed the first classification system for fingerprint identification 1900- Karl Landsteiner identified human blood groups 1904- Edmond Locard formulated his famous principle, “Every contact leaves a trace” 1922- Francis Aston developed the mass spectrometer 1959- James Watson and Francis Crick discover the DNA double helix 1977- AFIS developed by FBI, fully automated in 1996 1984- Jeffrey’s developed and used the first DNA tests to be applied to a criminal case
4. Developments in Forensic Science Criminalists vs. Criminologists
5. The Canadian Criminal Justice System Canadian Constitution The Canadian Constitution Statutory Law Common Law or Case Law Civil Law Criminal Law Equity Law Administrative Law Statutory Laws
6. The Canadian Criminal Justice System Common Law Civil Law Also known as private law Also known as case law are made by judges
7. Criminal Law 2 main categories Misdemeanor- Felony-
8. The Canadian Criminal Justice System Equity Law Remedial or preventive law Administrative Law Laws established by governmental agencies such as the IRS, Social Security Administration, or the military
9. CONSTITUTION ACT, 1982 CANADIAN CHARTER OF RIGHTS AND FREEDOMS  Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Guarantee of Rights and Freedoms 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. Fundamental Freedoms 2. Everyone has the following fundamental freedoms: (a) freedom of conscience and religion; (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; (c) freedom of peaceful assembly; and (d) freedom of association.
10. CONSTITUTION ACT, 1982 Legal Rights 7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. 8. Everyone has the right to be secure against unreasonable search or seizure. 9. Everyone has the right not to be arbitrarily detained or imprisoned. 10. Everyone has the right on arrest or detention (a) to be informed promptly of the reasons therefor; (b) to retain and instruct counsel without delay and to be informed of that right; and (c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
11. CONSTITUTION ACT, 1982 Legal Rights 11. Any person charged with an offence has the right (a) to be informed without unreasonable delay of the specific offence; (b) to be tried within a reasonable time; (c) not to be compelled to be a witness in proceedings against that person in respect of the offence; (d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal; (e) not to be denied reasonable bail without just cause; (f ) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment; (g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;
12. CONSTITUTION ACT, 1982 Legal Rights (h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and (i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment. 12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. 13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
13. Steps in Pursuing Justice If a crime is committed these are the steps to take while pursuing justice Police investigate what happened Information is collected Crime scene is documented and searched for evidence All info is assembled into a report and sent to crown attorney Investigation continues until probable cause is established An arrest warrant is issued for the suspect The suspect is arrested Individual is booked, fingerprinted, photographed and informed about his/her rights
14. Admissibility of evidence Federal Rules of Evidence Probative Material Hearsay The amount of evidence that makes it into court is a portion of the total evidence: Evidence left at crime scene Evidence collected by investigators Evidence that can be tested and produces results Evidence allowed into court according to rules of evidence
15. Admissibility of evidence All of the accused’s rights must be honoured in the conduct of the search. A violation of rights under the Charter may lead to the exclusion of otherwise admissible evidence from the trial if admitting it would “bring the administration of justice into disrepute”.
16. Admissibility of evidence Authentication: Process for admitting objects as evidence.
17. Admissibility of evidence Evidence generated through science is called forensic evidence. Forensic evidence is circumstantial evidence.
18. Admissibility of evidence The judge decides if the evidence can be entered into the trial, based on: Has the scientific theory or technique been tested? Has the scientific theory or technique been subjected to peer review and publication? What are the known or potential error rates of the theory or technique when applied? Do standards and controls exist and are they maintained? Has the theory or technique been generally accepted in the relevant scientific community?
19. Expert testimony Expert evidence should be excluded if the potential for prejudice substantially outweighs the probative value. Expert evidence should not be admitted where there is a danger that it will be misused or will distort the fact‐finding process. It should be outside the experience and knowledge of a judge and jury.
20. Expert testimony Forensic Scientist Ethics Identical scientific results can be presented differently in court. Must avoid being overly definitive or overly inconclusive. Example: “The gunshot was fired at a distance of 48.2 cm from the victim.” Example: “The gun appeared to be 2.2 metres from the wall.” Problem: Problem:
21. The Presentation of DNA Evidence Courtroom Proceedings Trial Presentation Direct Examination Cross Examination Issues Redirect Outside Experts/Rebuttal Witnesses Admissibility Hearings Direct Examination Cross Examination Issues Outside Experts BE PREPARED! Extensive documentation of analyses conducted. Strict adherence to protocols Trials can be one to two years after lab work completed; thorough notes and adherence to the protocol greatly reduces expert witness’s uncertainty during testimony Pre-trial consultations and meetings critical!
22. The Presentation of Evidence Cross Examination Topics Contamination at crime scene / during evidence collection Contamination by laboratory Error rates When DNA was deposited Consent (sexual assault cases) Population databases/ethnic background of defendant “It was the brother/father/uncle/etc.” Reliability of the technology - quality control issues Redirect