Evidence Flashcards
Role of Police
P - preserve
I - Identify
C - Collect
T - Tender
Duty Requirements
- Investigate crimes
- apprehend criminals
- participate in prosecutions
Principles of best evidence
if original evidence not possible, then photos, transcripts, medical reports
Disclosure
need to provide all evidence as disclosure, still need to disclose if not clearly relevant and/ or may assist the defendant
Consequences of non-disclosure
adjournment, stay of proceedings
Documentary Evidence
documents that help support the facts in issue eg bank records, autopsy report
doesn’t include police notes or records
third party records: records a person has reasonable expectation of provacy
Corroboration Evidence
independent evidence that tends to support another piece of evidence
Circumstantial Evidence
infers or suggests that some fact os true from the existence of another proven fact
Presumption of Fact
a logical conclusion which may be drawn from circumstantial evidence, based on reason and common sense
Presumption of Law
Set out & located in the statute.
Can be rebuttable or irrebuttable
Legal Justification or Excuse
a sufficient or acceptable excuse or explanation made in court that justifies an otherwise illegal act
Lost evidence
may result in a stay of proceedings
Expert Evidence
An expert is someone with special knowledge and experience that is outside the knowledge of the tier of fact
Why do we interview?
- Obtain information
- Obtain evidence
- Human intelligence source is still the best source of info
Stages of interviews
- preparation
- interview
- self-evaluation
How do you prepare for an interview?
- case facts
- know your interviewee
- location and setting
- allow sufficient time
- investigative aids
How do you commence an interview?
- introduction and personal data questions
- develop rapport
- allow the interviewee to give their version without being led or interrupted
Types of questions
- Open ended
- Closed Ended/ direct
- probing questions
- leading questions
- loaded questions
Types of open ended questions
T - tell
E - explain
D - describe
what are loaded questions?
inference of guilt built in, will destroy all rapport
what are leading questions?
contaminates the interviewee’s response
what are probing questions?
more intrusive, 5W + 1H
Pure Version Statements
a verbatim record of what’s being said by the interviewee, let them decide where to begin/ end, allows for veracity assessment later
need to give them an opportunity to add, change or delete
after can ask more questions
In order for a statement from a suspect or accused to be entered into evidence: (R.v. Oickle)
- can’t use trickery
- they have to have an operating mind
- cna’t use improper inducements
- can’t use oppressive circumstances
what did R. v. Sinclair do?
right to have lawyer present during an interview, make sure they were satisfied with speaking with their lawyer
What did R. v. Singh do?
police must use legitimate means of persuasion, they have every right to remain silent
Suspect or accused statements
- must be voluntary
- inculpatory: incriminating
- exculpitory: alibi
Who gets a copy of disclosure?
- police
- crown
- defence (vetted of privileged information)
What is included in the crown brief?
- information
- release documents
- witness list
- synopsis
- accused background
- arrest report
- civilian statements
- officer notes
- documentary evidence
What does CORE mean?
C- control
O - observe
R - record
E- evacuate
Whats sets the outcome for the entire investigation
At a major crime scene, the first officer will, by his or her actions, set the tone for the outcome of the entire investigation.
What is Locard’s Exchange Principle?
Any time there is contact with a scene or item, there is a two way transfer between the person entering the scene or handling the item (every contact leaves a trace and takes a trace with it)
What are the three ways to establish death by anyone?
- decapitation
- transection
- decomposition
What is the coroner’s act of Ontario?
if anyone has reason to believe a person is deceased, must call a coroner or p.o. immediately (and p.o. shall call coroner immediately)
- can’t interfere with the body or its conditions
- coroner shall investigate further if suspicious
