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

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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

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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)