Evidence Rules
Admissible |
Non admissible |
Direct/Solid |
illegally obtained |
Trace evidence (bite, hair, footprint, DNA) |
Evidence that has been tampered with |
Photographs (if image is accurate) |
Hearsay |
Expert Testimony (specific occupations) |
Inflammatory |
intoxilyzer (technician proves is was working |
opinions of non expert |
confessions (voluntary and infromed of rights) |
Polygraph evidence |
wiretapping (warrent) |
self incrimination |
meathod of trial & crown disclosure
What is the difference between the Ontario Court of justice and the superior Court of Justice?
Ontario Court of Justice: Court of Inferior Jurisdiction whose judges are appointed by the provincial government. Deals with provincially appointed judges
Ontario Superior Court of Justice: Court of Superior Jurisdiction, Judges are appointed by the Federal Government. (Judge or Jury)
What determines the court in which the accused’s trial will take place?
Summary and Hybrid convictions are dealt with judge alone, Indictable offences can be pursued with a judge or jury.
What is the difference between a “preliminary hearing” and a “preliminary conference”
A Preliminary Inquiry
is only held in cases where the accused is charged with offences that are not within the exclusive jurisdiction of the Ontario Court of Justice. Held before a judge to determine if there is enough evidence to commit the accused to trial.
A Preliminary conference held under section 625.1. :
This hearing includes the judge, crown attorney and accused and their lawyer. This trial discusses matters that promote fair and speedy hearing, would be better decided
What is disclosure and why must the crown attorney do this prior to a trial.
The crown must disclose all relevant information acquired in police investigations as the crown has access to more resources in preparation for the trial. |
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impact of charter on police powers
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what is Habeas corpus a writ requiring a person under arrest to be brought beforea judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention
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What is meant by “to bring the justice system into disrepute”? An action that would cause society to lose its faith in the justice system
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Why must the police get permission from a judge to get a warrant? Must show cause for search, must have judicial authorization for warrant, must list specific items they're looking fors
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What must the police show a judge in order to be granted a warrant for arrest or search? must show just cause for a warrent
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What does section 8 of the Charter of Rights and Freedoms protects citizens from? protects against unlawful search and sezuire
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What does “search incidental to arrest” mean? Why have the canadian courts allowed this? This means to search an arrest persons area after placing them under arrest, this is allowed in canadian courts out of interests; protecting police and public, protect evidence, discover evidence.
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Ensuring the Accused’s Appearance in CourtWhy might the accused not be released while they’re awaiting trial? Establish the identity, secure and preserve evidence, prevent continuation and repetition of offence. Ensure the accused appears in court.
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Appearance Notice: A document designated to ensure the accused’s appearance in court; issued by a police officer when no arrest is made
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summons A document designated to ensure an accused’s attendance in court; issued by a justice or judge after an arrest is made.
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What are bail and surety A sum of money paid in exchange for release from jail upon awaiting their trial. A surety is an individual who pays bail for you and assure you will appear in court.
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What is a ‘show cause hearing’ Show the accused isn't a flight risk Is no longer a threat to society or themselves Ensure the accused won't interfere with the investigation or trial
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who is the burden on? cown proves they are risk to community
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Promise to appear: A document designed to ensure an accused attendance in court: issued by the officer in charge of the police station after an arrest is made
Recognizance: A document designated to ensure an accused’s appearance in court; issued by the officer in charge of the police station after an arrest where the accused promises to pay a sum of money if she/he fails to appear.
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Crime Scene index
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what does CSI stand for Similar fact evidence
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what is "continuity of evidece" Continuous chain of possession that ensures the safekeeping of evidence, legal authorities must be able to account for evidence from seizure to trial.
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What is a case officer Officer in charge of investagation
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what are latent finger prints (whorl, loop, arches) A fingerprint made when it comes into contact with a surface, leaving residue of oil and perspiration from the fingerprint
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how many similarities must exist to identify a fingerprint match 10-12
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what is ridgeology study of fingerprints arches loops and whirls
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what is trace evidence Other evidence found at crime scene (hair, fibers)
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what can blood tell investagators Blood type, Alc%, Height of where blood fell from(size of drop), Direction of travel (shape), wall splatter indicated force and direction of blow. Where victim is injured.
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what is gun shot residue what can it tell investagators Fine particles released when a firearm is fired. It can show the distance the weapon was from the target when fired and if found on hands can show who operated the firearm.
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what is DNA? what can be found by using it? Deoxyribonucleic Acid Biological compound that forms chromosomes, genetic info can be obtained
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who is Alex jeffery Invented DNA testing, geneticist at Leicester Uni
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what is a 487.05 warrent? what would police acquire one for Warrant for a DNA sample from a convicted offender ordered by judge
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Ntaional DNA data bank Consists of the CSI and CODIS located in Ottawa
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CODIS & CSI? Cross Reference and why? CODIS- Convicted Offender Index (evidence obtained by an offender legally) CSI- Crime Scene Index (evidence obtained at a crime scene)It is important to cross reference these two databases to see if an unidentified evidence from a crime scene matches an already convicted offender.
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What is the DNA identification Act and why was it created by canadian goverment Authorizes judges to issue a warrant for DNA evidence from violent offenders
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wrongful convictions
What is the classic pattern of wrongful convictions
They look for easy suspects quick in an attempt to calm the public, ie last person seen with them.
Who were the four major canadian cases studied that resulted in wrongful convictions?
Steven Truscott, David Milgaard, Donald Marshall Jr. and Guy Paul Morin
Steven
Lynn Harper
Culprit:Alexander Kalichuck
Rape and Murder
10 Yrs Served (Jail)
6.5M dollars compensation
They did not investigate any other possible suspects as truscott was last seen with the victim
David
victim Gail Miller
Culprit: Larry Fischer
Rape and Murder
23 Years
10 Million Dollars compensation
An anonymous tip was received stating they saw blood on david’s clothes
Donald
Sandy seale
2nd degree murder
5 years imprisonment conviction overturned
25,000$ changed to
270,000 (105,000) legal fees
They chose him as the prime suspect because he was the last person seen with her.
Guy Paul
Christine Jessop
muder , rape
18 months in prison
1.25 million
compensation
Poor communication between separate police forces |
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