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Chapter 7

Chapter 7. Investigation and Arrest – Bringing the Accused to Trial. Canada’s law tries to protect Canadian society by trying to balance the investigation and arrest rights of the police with individual rights guaranteed in the Canadian Charter of Rights and Freedoms. Introduction.

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Chapter 7

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  1. Chapter 7 Investigation and Arrest – Bringing the Accused to Trial

  2. Canada’s law tries to protect Canadian society by trying to balance the investigation and arrest rights of the police with individual rights guaranteed in the Canadian Charter of Rights and Freedoms Introduction • Police Responsibility • Investigate • Arrest Individual Rights

  3. Part 1 Policing

  4. $10 billion annually (2007) 64 000 police officers Levels of Policing Federal Provincial / territorial Municipal Aboriginal (since the 1970’s) Policing

  5. RCMP (1873) “Mounties” Investigative and protective services to the federal government Serve as provincial police in all provinces and territories except Ontario, Quebec and NFL Serve as municipal police in some communities Federal Police

  6. Border Integrity Customs, passports, marine and ports… Drugs and Organized Crime Enforcement branches and awareness services International Policing INTERPOL Ottawa, International Affairs and Policy Development Financial Crime Commercial Crime Branch, RCMP - Responsibilities

  7. Jurisdiction: Rural areas / unincorporated regions around cities OPP Surete du Quebec Royal Newfoundland Constabulary Provincial Police

  8. Provincial Police Responsibilities • Responding to municipal police requests for assistance in emergencies • Traffic control (400-series and major highways) • Investigative services, on request of the coroner’s office • Other duties: Firearms registry, Queen’s Park / provincial government security

  9. Jurisdiction over policing in towns and cities Funded by the municipality Police force divided into divisions / squads Gang Crime Unit Robbery Squad Homicide Squad Explosives Disposal Unit Municipal Police

  10. Municipal Police Responsibilities • Preserving the peace • Preventing crimes from taking place • Assisting victims of crime • Apprehending criminals • Laying charges and participating in prosecutions • Executing warrants • Enforcing municipal bylaws

  11. Administered by the Dept. of the Solicitor General Partnership between federal, provincial/territorial governments and Aboriginal peoples to develop police services for Aboriginal communities Provide services that are professional and in touch with the culture and needs of the community 1st - Dakota Ojibway Police Service, Manitoba (1977) Aboriginal Policing

  12. Part 2 Starting a Police Investigation

  13. Location where the crime takes place Arriving officers 3 tasks: Call ambulance / assist injured people Call reinforcement to help eliminate any hazards – pose risk Search for suspects (must assume that the suspects are present and armed) The Crime Scene

  14. A prosecutor's success often depends on the condition of the physical evidence taken from the scene of a crime Establish 2 boundaries Centre – where the offence was actually committed Perimeter – surrounding area where the alleged offender my have left evidence Protecting and Preserving the Crime Scene

  15. Perimeter: allows a thorough search of the scene (seize and collect physical evidence that is admissible in court) Contamination – loss, destruction, or alteration of physical evidence Police log – written record of what an officer has witnessed or learned at a crime scene Written records, photographs…… Protecting and Preserving the Crime Scene continued

  16. “Patrol Officer” An area / “beat” they check regularly Usually 1st at a crime scene Secure the crime scene and ensure no evidence is lost (wrap yellow tape) Conduct initial interviews of witnesses Arrest suspect if they come upon a crime in progress Officers’ Role at a Crime Scene (4 types)

  17. “Scenes of crime Officer” Trained in evidence collection and preservation techniques (photography, lifting fingerprints, and foot and tire prints, blood and hair samples) Less serious crimes (B&E) Officers’ Role at a Crime Scene (4 types)

  18. “Criminal identification Officer” Searching the crime scene Gathering physical evidence and sending it to a laboratory for evidence More serious crimes Officers’ Role at a Crime Scene (4 types)

  19. “Criminal identification bureau Officer” Plainclothes detective Experienced in a particular area of crime Supervise the investigation Interview victims and witnesses Interrogate suspects Draw conclusions from physical evidence Arrest suspects Officers’ Role at a Crime Scene (4 types)

  20. Physical Evidence Any object, impression, or element that can be used to prove or disprove facts relating to an offence Can carry greater weight in court than witness statements Forensic science Use of biochemical and other scientific techniques to analyze evidence in a criminal investigation Laboratories Give expert testimony at trials and inquests Pathologist - autopsy Identifying and Collecting Physical Evidence

  21. Impressions Class characteristics Individual characteristics Fingerprints Visible Latent Glove prints Gloves DNA Evidence continued

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