Types of Evidence and procedures
What is a latent fingerprint?
This type of fingerprint cannot be seen by the naked eye and must be developed using powder, iodine, or lasers.
This type of warrant can be obtained by phone or fax when police must act quickly to preserve evidence.
Telewarrant
What is a Promise to Appear?
A signed agreement stating the accused promises to attend court for their trial.
What is physical evidence?
Items like blood, fingerprints, and paint chips are all examples of this type of evidence that often has more impact than witness statements.
When does the police require a search warrant ?
Police normally require this document when they have to search a private home, unless urgent circumstances make it impossible to obtain in time.
What is reverse onus?
A legal situation where the accused, not the Crown - must prove why they should be released on bail.
These crime scene markings come from shoes, tires, gloves, or tools and contain class and individual characteristics. What are they called ?
They are called impressions
What are the procedures after a person has been arrested ?
taking photographs and fingerprints, or asking the victim or witness to identify the suspect after seeing different people with similar characteristics and visuals.
Show - cause hearing (explain what it is)
a judicial hearing in which the crown or the accused has to convince the judge either to detain or release the accused before trial
What is forensic Science ?
This branch of science applies scientific techniques to collect, preserve, and analyze physical evidence.
At a break-and-enter scene, officers find a clear shoe print on a dusty floor. Why is it important for investigators to photograph the print before attempting to lift it or make a cast?
Because the print could easily be damaged or destroyed during the lifting or casting process, investigators must first photograph it to preserve its original condition. The photo provides a permanent record that can be used in court, even if the physical print is accidentally smudged or lost during collection.
What are flight risk and risk to public safety?
These are two of the main reasons the Crown may argue in a show-cause hearing that an accused should stay in custody rather than be released.
This written and witnessed record shows who handled evidence, when they handled it, and what changes were made.
Chain of Custody
Under s. 529(3) of the Criminal Code, police may enter a private home without a warrant only under two urgent circumstances. Name one of the situations that would allow this warrantless entry.
Preventing imminent injury or death to a person, OR preventing the destruction/blemishing of evidence related to an indictable offence.
What two documents might an accused be required to sign to guarantee they will appear in court, and what penalty can be applied if they fail to show up for their trial?
They may be required to sign a Promise to Appear or a Recognizance. If they fail to appear, they can face a fine of up to $500, unless they live more than 200 km away or come from another province.