TABLE OF CONTENTS. Acknowledgements...iii Table of Cases...xi Introduction... xxi

Transcription

1 TABLE OF CONTENTS Acknowledgements iii Table of Cases xi Introduction xxi Chapter 1 An Introduction to Forensic Sciences A Brief History What is a Crime Scene? Chain of Custody Who are the Forensic Specialists? Chapter 2 Fingerprints What are Fingerprints? Types of patterns Taking of Fingerprints Automated Fingerprint Identification Systems (AFIS) Criminal records Poroscopy Modern AFIS Ridge characteristics Latent fingerprints defined Children s Fingerprints The Canadian Identifi cation of Criminals Act Notes on the Identifi cation of Criminals Act Chapter 3 Latent Fingerprints The Composition of Latent Fingerprints Invisible or Not? Powders and Brushes Applying the powder The Joys of Chemistry v

2 Crime Scene Investigation Crazy Glue Vacuum Metal Deposition (VMD) Lifting the Latent Print The Best Evidence Rule Forensic Light Sources The next step Chapter 4 Physical Evidence Footwear Impressions in Soft Earth Footwear Impressions on Hard Surfaces Dust impressions Footwear Impressions in Snow Tire Impressions Tool Marks Bite Marks Computer Crime Scenes The Internet in brief Main threats Personal communication devices Chapter 5 Bullets and Firearms Comparison Cartridge Cases Shotgun Shells Database Systems IBIS Integrated Ballistics Identification System.. 73 Cartridge Case and Bullet Imaging Who Fired the Gun? Close-up Trajectory Determination Chapter 6 Crime Scenes Approaching Crime Scenes with a Proper Attitude.. 80 Management of a Crime Scene Collecting the Evidence Principles of Evidence Recovery and Collection Rules for packing physical evidence The Cleaners Photography Photographs of the Scene vi

3 Table of Contents Aerial photography Mug shots Chapter 7 DNA Crime Fighting Tool The Pitchfork Case How Does It Work? CODIS National DNA Data Bank of Canada Making a Match Crime Scene Sample Collection Y-STR Testing Mini-STR Mitochondrial DNA (mtdna) CODIS Access Chapter 8 Sudden Death and Not So Sudden Death Law Enforcement Pronouncing Death The Death Scene Who may be needed at the death scene Video surveillance Forensic investigation of the death scene Coroners vs. Forensic Pathologists Fingerprinting the Deceased The Forensic Autopsy Rigor mortis Livor mortis (post mortem lividity) Decomposition Completing the autopsy Bite marks Bullet wounds Additional evidence Chapter 9 The Forensic Crime Laboratories Federal Forensic Laboratories Provincial Forensic Laboratories Private Forensic Laboratories Laboratory Accreditations Services Offered Biology vii

4 Crime Scene Investigation Toxicology Chemistry Firearms and tool marks Document examiners Electronics External Forensic Consultants Chapter 10 Crime Scenes and the Law Introduction Part I: Authority to Process a Crime Scene (a) Introduction (b) Section 8 of the Canadian Charter of Rights and Freedoms (c) When Does Section 8 of the Canadian Charter of Rights and Freedoms Apply? (d) The Implications of Section 8 of the Canadian Charter of Rights and Freedoms Applying (e) Lawful Warrantless Searches (i) Common law searches (ii) Consent searches Part II: Search Warrants (a) Introduction (b) Obtaining a Search Warrant (c) Executing a Search Warrant (i) Unexpected evidence found while executing a search warrant (ii) Reporting what evidence was seized during the execution of a search warrant Part III: The Law and Collecting Evidence from a Crime Scene (a) Fully Document the Unprocessed Scene (b) The Best Evidence Rule (c) Ensuring an Unbroken Chain of Continuity 152 (d) Proper Storage of Evidence Part IV: Improperly or Illegally Obtained Evidence 155 (a) Introduction viii

5 Table of Contents (b) Evidence that is Collected in a Manner which Violates the Charter Rights of the Accused (i) Section 24(2): Exclusion of evidence (ii) Stay of proceedings (c) Evidence that was Improperly Seized and Stored Chapter 11 The Laws of Evidence Introduction Part I: What is Evidence? (a) Evidence Must Relate to something which is in issue in the case (i) Actus reus (ii) Mens rea (iii) Disproving defences (b) Evidence Must be capable of proving or disproving Part II: What Evidence is Admissible? (a) The General Rule of Admissibility (b) The General Exception: The Prejudicial Effect Outweighs the Probative Value (c) Specific Exceptions to the Admissibility of Relevant Evidence (i) The rule against hearsay (ii) Character evidence of the accused (iii) Opinion evidence (iv) Past consistent statements (v) Illegally obtained evidence s. 24(2) of the Canadian Charter of Rights and Freedoms Part III: The Kinds of Evidence that May Be Tendered (a) Direct and Circumstantial Evidence (b) Kinds of Evidence (i) Oral testimony (ii) Real evidence (iii) Demonstrative evidence or demonstrative aids ix

6 Crime Scene Investigation Chapter 12 Expert Opinion Evidence Introduction Part I: Appreciating the Unique and Powerful Role of Expert Witnesses (a) Understanding the Difference Between Expert Witnesses and Regular Witnesses. 183 (b) The Potency of Expert Witnesses Part II: From Being Retained to Testifying as an Expert Witness (a) Who are Expert Witnesses? (b) Pre-Trial Examinations and Report Writing 187 (c) When the Expert is Required for Trial Part III: The Law on Expert Opinion Evidence (a) The Test for the Admissibility of Expert Opinion Evidence (i) Relevancy (ii) Necessity (iii) Absence of an exclusionary rule (iv) The witness must be a properly qualified expert (b) Evaluating Expert Opinion Evidence Based on Novel Science (c) Giving Expert Opinion Evidence Part IV: Preparing to Give Expert Opinion Evidence..195 (a) Appreciate and Embrace Your Role as an Educator (b) Be Mindful of the Language Used (c) Think About How to Effectively Convey Ideas (d) Know the Science Behind the Opinion (e) Meet with the Party that is Calling You as an Expert Witness in Advance of Trial (f) Be Scrupulously Fair in Your Opinion (g) Prepare, Prepare, Prepare Appendix Designated Offences Index x