Flashcards

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Investigation

: a search for the truth


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Investigators bring:


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Reason, experience, dedication


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Biases, preconceptions, cognitive limitations,


personal motivations


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Context: pressure to “figure it all out”

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Goudge Inquiry (2008):


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State of forensic pathology in Ontario


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Avoiding errors that produced wrongful


convictions


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Chief tenet:

think truth

(vs. think dirty)


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Importance of evidence-based approach and


collection

all

evidence


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Hypothesis vs. knowledge

At the crime scene


First officer duties:


1.

Protect life and property


2.

Preserve the scene


3.

Gather name, contact information, observations of


potential witnesses


Beyond


•

Neighbourhood canvas, electronic canvas,


conventional news media, Crime Stoppers, revisiting


the scene

First Contact


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Prevent contamination


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Personal and preliminary information — no


detailed discussion/unnecessary conversation


•

Separate multiple witnesses


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Interviews with children should, whenever


possible, be conducted by officers with


specialized training

Witnesses, Informants, Confidential


Informants, Agents


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Witness:

Someone who was present at a place


where they personally observed or experienced


something relevant to the commission of a crime


and who volunteers information


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Informant:

Someone who gives information to


the police, typically for something in return, such


as money

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Confidential Informant (CI):

An informant who has


been given an assurance of confidentiality


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Agent:

Someone who, directed by police, meets with


people thought to be involved in the crime and


reports back


Witnesses in Court


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Subpoena to ensure attendance (except CIs)


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Arrest warrant possible for failure to appear


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Note: subpoena cannot be used to compel an


interview

Competence and Compellability


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Canada Evidence Act

: determines whether a


person will be permitted or compelled to testify


1.

Competence: having legal capacity to testify


(excludes certain mental conditions)


2.

Compellability: ability of the state to require a


person to testify in court proceeding (excludes


legally married spouses, those whose


testimony would conflict with their Charter right


against self-incrimination)

Admissibility:


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Morris v The Queen:

Nothing should be admitted


into evidence unless it is relevant to the charge


Admissible:


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Witnesses may testify about what they


themselves experienced


Inadmissible:


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Hearsay evidence (with exceptions)


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Opinion evidence (with exceptions)