Investigating a Crime

CLU3M

Collecting Physical Evidence

l

When a crime has been

committed, the first job of
the police is to collect all the
evidence that they can find
The careful collection,
examination, and storage of
physical evidence are a vital
part of any criminal
investigation.

1.

2.

To protect the crime

scene, the officers must
accurately establish two
boundaries:
The centre: the area in
which the offence was
actually committed
The perimeter: the areas
surrounding the centre,
where the offender may
have been present or may
have left evidence

Crime scenes are preserved for 3

reasons:
To allow for a thorough
search of the crime scene.
2.
To seize and collect
physical evidence.
3.
To ensure that the physical
evidence is admissible in
court.
Contamination: the loss,
destruction, or alteration of
physical evidence
1.

Forensic Science
l
l

Forensic science is the use of biochemical

and other techniques to analyze evidence
It involves many different disciplines
including alcohol, anthropology, chemistry,
document identification and forgery,
entomology, fingerprints, firearms, trace
evidence, odontology, biology and pathology

Forensic Science
l

A piece of evidence found at

the scene of a crime will often
be analyzed by several different
methods to get the most
information from it.
I.e., a shoe may be examined
for bloodstains (studied by
biology, DNA analysis), trace
evidence (broken glass or
similar type of dirt found on
suspects shoe and crime
scene), gunshot residue (may
be on suspect's clothes or
hands as well) etc.

Impressions
l

Patterns or marks found

on surfaces and caused by
various objects such as
figures, shoes, tires, blunt
objects, etc

Impressions have 2
characteristics:

1.

Class characteristics: the

general attributes of the
object i.e. type of tire (Pirelli
15 inch radial)
Individual characteristics:
specific and unique of an
object i.e. tread wear on a
specific tire

2.

Fingerprints
l

The unique patterned mark

left behind after a fingertip
touches an object
It is unique to an individual
and never change

l
1.

2.

There are 2 types of

prints:
Visible fingerprint: can be
observed by the naked eye
i.e. coated in blood or
grease
Latent fingerprint: formed
by natural oils and
perspiration on the
fingertip. Not visible to the
naked eye.

Three methods are used to develop

latent prints:
1.

2.

3.

Graphite powder: used

on non-absorbent
surfaces i.e. metal
plastic
Iodine fuming: used on
surfaces such as
paper and cloth
Laser beam: used to
illuminate the print

DNA Testing
l

l
l
l

DNA (Deoxyribonucleic Acid) - is

the individual blueprint of a human
being at a genetic level
This is the newest of forensic
science methods, as it was only
developed in the 1980s.
It is a very reliable way of linking an
accused person to a crime..
can be found in the form of blood,
seminal fluid, saliva, or skin.
Once a person's DNA has been
identified as the same as that found
at a crime scene, there is a tiny
chance that that person was not
present, as only an identical twin
would have exactly the same DNA.

Forensic Ballistics
l
l

the science of analyzing firearm

usage in crimes.
Forensic ballistics involves
analysis of bullets and bullet
impacts to determine the type
of firearm used.
firearm and tool mark
examinations also involve
analyzing firearm, ammunition,
and tool mark evidence in order
to establish whether a certain
firearm or tool was used in the
commission of a crime.

The Crime Scene Continued

l There

are strict procedures on the seizure,

handling, and storage of evidence:
1.
2.
3.
4.

no evidence is left unattended;

the case officer must secure evidence in the police
property locker;
transferring evidence is the responsibility of the case
officer;
no evidence can be removed from property locker
without appropriate authority and signature. This is to
maintain the chain of custody of the evidence.

Criminal Defences

What Defences Can

The Accused Use?

Criminal Defences
l

Defences are used to prove that the accused is

not guilty of the offence, or guilty of a lesser
offence.

The best defence is an alibi.

The alibi must be disclosed to the Crown at the

earliest opportunity. Failure to do this will look
like the alibi is false

Self-Defence
l

You are allowed to protect yourself, those

under your protection, your movable
property, and your dwelling and real property.

You may only use force that is necessary

and reasonable.

Self-Defence
l

You may stop a thief from taking your

personal property, or to take it back, as long
as you do not strike the thief or cause bodily
harm.

You are justified in using as much force as is

necessary to prevent any person from
forcibly breaking into or forcibly entering the
[your] dwelling-house without lawful
authority.

Legal Duty
l

Some people are allowed to commit acts which

would otherwise be considered offences.

A police officer may drive above the posted

speed limit in order to respond to an emergency.

Also, reasonable force may be used to correct

a child. (Can this be controversial?)

Excusable Conduct
l

Provocation may be a partial defence for

murder.

Duress the threat or use of violence may

also be a defence.

Honest Mistake if the offender truthfully did

not know that they had committed a crime.

This is most common in cases of shoplifting.

Mental Disorder
l

Mental fitness to Stand Trial

An accused can be held for 60 days to determine if they

are mentally fit to go through the trial process.

A provincial review board makes this decision. And a

psychiatric assessment is required.

If found unfit, the accused will be held in a mental health

facility until they are ready to stand trial.

Their case will be reviewed every two years.

Mental Disorder
l

Mental Fitness at the Time of the Offence

You are presumed sane, just as you are presumed innocent.

Therefore, it is the defences responsibility to prove insanity

(reverse onus).

If a person is found not guilty due to mental fitness, the

verdict must state that the accused committed the act or
omission but is not criminally responsible on account of
mental disorder.

Mental Fitness at the Time of the

Offence
l

If the accused is deemed not be a threat to the

public, they may be released.

However, if they are deemed to be a threat to

the public they can be held in a mental health
facility until they are no longer a threat to
society.

Intoxication
l

This defence can be used to drop a charge of

aggravated assault to assault.

The accused is considered to have been

incapable of specific intent, only general
intent.

Also applicable to reduce a murder charge to

manslaughter.

Automatism
l

unconscious, involuntary behaviour the

state of a person who, though capable of
action, is not conscious of what they are
doing.

The person cannot form criminal intent

Consent
l

If the party who is injured by the accused

agreed to the action.

Used in sexual assault cases, and in assault

cases which occurred during the playing of a
sport.

Cannot be used if a firearm is involved, or if it

is a sexual assault case involving someone

Entrapment
l

The police cannot encourage or aid a person

to commit an offence.

This is considered an abuse by the police,

and the judge should stay the proceedings.

Double Jeopardy
l

To be tried twice for the same offence

This does not mean that if you assault one

person, and are tried, that you can assault
the person again and use this defence.

The defence applies to one specific offence/

action.

Mistake of Fact
l

This is acceptable under two conditions:

The mistake was genuine and not the result

of the accused neglecting to find out the
facts.

The law accept ignorance of the facts as a

defence.