Week 14 - Inquests, Inquiries, and Novel Techniques

Inquest

a public hearing conducted by a coroner before a jury of five community members. Inquests are held to inform the public about the circumstances of a death

The jury’s conclusion is , is is hoped that any recommendations suggested, if implemented, will prevent further deaths .

not binding

Depending on the circumstances some deaths require…

mandatory inquests while others are discretionary

True or False: There is no time limit between the date of death and the convening of an inquest

TRUE

Mandatory Inquest

• A death occurs:

  • on the job at a construction site, mine, pit or quarry

  • while a person is in custody or being detained

  • due to an injury sustained or other event that occurred in custody, or when the use of force of a police member is the cause of death

  • A death of a child is the result of a criminal act of a person who has custody of the child, if certain circumstances are met

  • occurs while being physically restrained and detained in a psychiatric facility, hospital or secure treatment program

Discretionary Inquest

• An inquest may be held at the discretion of the coroner if they determine that:

  • Enough information is known from a death investigation to support an inquest

  • It is desirable for the public to have an open and full hearing of the circumstance of a death

  • A jury could make useful recommendations to prevent further deaths

Campbell Inquiry

• A public inquiry is a tribunal of inquiry established by Government, federal or provincial, that examines an issue of public concern

• Typically named after person leading the inquiry

• Campbell Inquiry (released June 1996) – review of the investigation of crimes committed by Paul Bernardo

Issues with Campbell Inquiry

• Communication

• Co-operation

• Sharing information via common software

Kaufman Report

• wrongful arrest and conviction of Guy Paul Morin for the murder of 9 yr old Christine Jessop in October 1984

• Opinion evidence – CFS

• Tunnel vision

• Limitations on forensic evidence has to be appreciated by all the parties in a court proceeding and explained to the jury

• Forensic material should be retained to allow for replicate testing • Scientists should be working to challenge or disprove a hypothesis rather than to prove one

• Defence should have access to forensic experts

• Scientists should be trained in testifying so their evidence isn't misinterpreted

Goudge Inquiry

• Examined the delivery of pediatric forensic pathology services to the Ontario Coroner’s Office and the Canadian criminal justice system

• Focus was on Dr. Charles Smith, pediatric pathologist at Toronto Hospital for Sick Children from 1981-2005

• In 1992 appointed Director Ontario Pediatric Forensic Pathology Unit

• Trained in anatomical and pediatric pathology but no formal training in forensic pathology

• A panel of 5 pathologists reviewed 45 cases, in 20 cases took issue with his opinion or testimony (in 13 of those cases guilty verdict)

Forensic Science in Canada: A Report of Multidisciplinary Discussion (2013)

• Aka “Hart House Report” or “NAS Light”

• This report is the end result of various forensic scientists and practitioners from all across Canada who attended a 2 day meeting to discuss the status of forensic science in Canada.

• Occurred May 4-5, 2012 at Hart House, University of Toronto

Who are the contributors of the Report of Multidisciplinary Discussion

• Came from various parts of the country, various disciplines and various employers

• Academia, police, hospital, lab, lawyers, judges, nurses

• OPP, University of Toronto, Coroners Complex, CFS, RCMP, etc.

Goals and Objectives of Report of Multidisciplinary Discussion

• A description of the current state of forensic science in Canada, spanning the main disciplines of forensic inquiry

• A summary of the major challenges and opportunities facing forensic science in Canada

• Recommendations on how to strengthen and develop forensic science in Canada

Forensic Genetic Genealogy

• Develops a DNA profile that is uploaded to a DNA ancestry database

• Used to search for potential relatives which allows genealogists to create a family tree

• Investigators prioritize "close-contact" murders — beatings, strangulations, stabbings — as well as murders that included a sexual assault from the 70s, 80s and 90s

• Very expensive process, in a private lab cost can be $280 US per hour for a genealogist, about $ 8,000 US per case

How does Forensic Genetic Genealogy work?

• A sample of the STR extraction, DNA profile, is put into a DNA sequencing machine

• Generates what is known as an SNP or single nucleotide polymorphism

• This profile potentially has hundreds of thousands or even millions of DNA markers—the genes between your genes that show a person’s skin colour, eye colour, hair colour, where their family is originally from

• The SNP profile is uploaded to an ancestry site

Forensic Genetic Genealogy Results

• Police get back a list of people with matching or related DNA

• Could be zero to several hundred people on the list

• Genealogists use open-source data to build the family tree back in time to find the most recent common ancestors and then work down toward the offender

• Once a single individual has been identified more traditional police investigative techniques are utilized

• The more entries on ancestry sites, the better the chances of solving serious crimes

Issues with Forensic Genetic Genealogy

• Privacy concerns

• Not all ancestry sites allow the police to upload SNP profiles to them • Individuals uploading have to agree to allow their DNA profile to be compared to police profiles

• In some ways, much like the initial development of the DNA databank

Ground Penetrating Radar

• Can detect buried items non-destructively

• It gives quick and precise results thereby making it efficient to use

• Works in various environments

• The key is the ability to accurately read the data generated by the radar

• Trained operator is required

GPR vs Metal Detector

• GPR is more expensive than a metal detector ($15000 vs $ 1000)

• GPR can work at much greater depths than a metal detector ( 1 metre vs about 30 cm)

• GPR can cover more ground faster and more accurately

• GPR requires a properly trained operator

• GPR takes up more space and is not as easy to transport to scenes

Issues with GPR

• Cannot prove that there is a grave at a location

• Cannot confirm the presence or absence of human remains

• Helps to pinpoint locations for further analysis (“potential unmarked graves”)

• Slow process affected by weather

• Takes time to interpret data

Advantages of VR

• Students who learn using VR remember better and score higher

• Offers an enhanced learning experience over video and books

• Higher engagement compared to video

• Lower cost than e-learning

• Can be delivered in a passive (watch), semi-interactive (watch and answer questions) and interactive format (take actions and make choices)

• VR is completely virtual, requires a headset and enhances a fictional reality

Other Possible Uses of VR

• Court

• Cold cases

• Research

• Peer review

Augmented Reality (AR)

• System that streams video from body cameras worn by police officers/members to experts elsewhere

• Experts can guide officers by annotating scene virtually with notes or verbally

• Officers see these on a smartphone or head mounted device like Google Glass

• AR enhances both virtual and real world