FSC100H5 F Midterm Notes PDF

Midterm Notes (Lecture Notes + Chapter Readings + Check slides for any missed information) MIDTERM DATE: 10/17/24, CCT1080 Lecture One CCT 1080 Philo Protect the innocent Protection of th...

Midterm Notes (Lecture Notes + Chapter Readings + Check slides for any missed information) MIDTERM DATE: 10/17/24, CCT1080 Lecture One CCT 1080 Philo Protect the innocent Protection of the public overal Ensure the truth emerges Law defines certain behaviors as criminal: It provides framework of regulations, and Determines standard of evidence required for prosecution Both law and science work within the criminal justice system; differ in goals and methods \ Law Goal: ‘Forensic’ derived from the Latin ‘forensis’ Science derived from Latin word for knowledge Relates to scientific method Forensic methodologies draw from wide range of disciplines Anything can be evidence As a result, “forensic science” is hard to define Broadly, forensic science is the application of science to law Definition of Forensic Science (Broadly): “The application of scientific knowledge and techniques ti legal matters” Why is forensic science important? Science brings out objectivity: - Not influenced by emotion, bias, or opinion In the past, convictions were based on scientific evidence - E.g. THE FORENSIC EXPERT Forensic scientist must remain an unbiased advocate for the objective facts May be called upon to serve as expert witness Only declared an expert witness by a judge Lay witness: what was heard, saw, done, or experienced - No special training or technical knowledge - Testimony must be factual (not opinion-based) Expert witness: may offer opinion on the work that was done and significance of the findings THE FORENSIC EXPERT A serious task - Opinions of expert witness may weigh heavily on the outcome of a case Criteria for being declared or accepted as an expert witness: - Expert witness is of sound and unquestioned integrity - Expert itness is sufficiently trained and experienced - Science or technology presented meets criteria of acceptance Peer review Testing and validation Rate of error General acceptance Base opinions/conclusions on facts established by reliable methods THE SCIENTIFIC METHOD Science adheres to strict guidelines to ensure integrity - Known as scientific method - Ensures observation free of bias Scientific method: “Method of procedure that consists of observation, measurement, and experimentation, and the formulations, testing, and modification of hypotheses” (Oxford Dictionary, 2018) Source: istockphoto.com Scientific method: 1. Formulate question 2. Generate a hypothesis 3. Collect data by observing and experimenting - Remembering —- 4. Interpret data - 5. Draw conclusions When a hypothesis is validated through experimentation, it becomes suitable as evidence Source: istockphoto.com CRIME SCENE INVESTIGATION Forensic Science - Perform scientific analyses on evidence submitted by the crime scene investigator - Performs – Crime Scene Investigation - Woroks in a forensic laboratory - Properly recognize, identify, collect, and preserve evidence at a crime scene Crime scene investigation is: A methodological process Follows set of principles and procedures that adhere to guidelines - A dynamic and thoughtful process Requires an active approach Experience and observation are key Grounded in the scientific method Objectives of crime scene investigation: Recognize and identify forensic evidence Collect and preserve evidence Reconstruct the crime Assist in the formation of a theory or theories about the crime T H E C S I E F F E C T: O V E R V I E W Unrealistic expectation of capabilities of forensics and crime scene investigation Not new: a century ago, this was known as the “Sherlock Holmes Effect Result of inaccurate depictions in media - Rules and responsibilities - Capabilities - Nature of evidence - Procedures and time frames THE CSI E F F E C T: A N A L Y S I S  Potential impact on real criminal justice system CSI is unique because it presents a different model of police procedurals; other shows present forensics as a cog in the criminal justice wheel ‘Without a Trace’: federal point of view ‘Law and Order’: judicial processes ‘Cold Case’: closure and eyewitnesses ‘CSI’ places forensic science at the forefront Focus on collection and analysis of forensic evidence Lecture Two (ask friends for notes) CCT 1080 LECTURE 2: ROOTS OF CRIMINAL INVESTIGATION Forensic science as a relatively new career field Traced to approximately 1248 China: postmodern examination may give information about cause of death Interdisciplinary nature of forensic science and crime scene investigation Pioneers in other fields relevant to development of crime scene investigation ‘Kin policing’ in early clan life All clan members were responsible for determining sanctions to impose on violators Absolute - Serious offenses: banishment, death - Less serious offenses: corporal punishment, property transfer - Branding/mutilation to mark offender ‘Among ancient Hebrews, law enforcement responsibility of kings, high priests, and elders Individuals appointed to apprehend and punish Continued into Roman rule  Ancient Babylon Codified laws into ‘Laws of Hammurabi’ Approximately 1700’s B.C. One of the earliest and most complete written legal codes - 282 rules - Messengers assigned to carry out law Foundation for establishment of a judicial system - Many harsh punishments for the guilty - E.g. removal of the tongue or hands Early example of: 5th century B.C., Romans adopted first written laws Twelve Tables (‘Law of The Twelve Tables ’) - Rights and responsibilities of the Roman citizen - Legal procedures - Property ownership, building codes - Punishment for crimes Police officials called Quaestorees Parricidi - To track murderers - Foundation for modern detective Through conquest of Mediterranean, Romans influenced law systems of Western Europe From collapse of Roman Empire through early Middle Ages, formal law enforcement essentially non-existent as tools for social control Individual offenses punished through: - Trial by ordeal - Trial by combat - Court of the Star Chamber - Authority from the king - Legalized methods or torture to …. 13th century, emerging EU powers developed structured law enforcement systems Classification of crimes English defined the legal age of reason What is the legal age of reason? - Age at which children capable of acting responsibly (18) What aspect of todays criminal justice system stems from this idea? - Juvenile versus adult Court systems 13th century, emerging EU powers developed structured law enforcement systems Enforcement methods: - Hue-and-cry system - Early English - Pursue criminals with vocal cries alert neighbours - Watch-and-ward system - Guarding city/village gates at ight - Apprehend suspicious persons - “Night Watch” today - Office of Sheriff HISTORY OF CRIMINAL INVESTIGATION - POLICING 1750: Henry Fielding established the Bow Street Runners in London, England “Thief takers” - Accepted cases only from those who could afford the fees - Initially tasked for tackling robbery gangs First professional police force Practices developed still in use: - Hiring informents - Criminal raids 1829: Metropolitan Police of London 1842: Investigative unit was founded 1810: French Sûreté - First formal use pf the detective in modern times Founded by Eugène François Vidocq - Only criminals can fight crime - Believed in obtaining intimate criminal knowledge of criminals habits/methods - Planted undercover investigators in prisons Preventative role - Patrolling street - Maintain public presence - Investigate crimes North America saw benefit of formal, uniformed police presence 1834: Toronto 1838: Montreal 1840: Quebec City Canadian legal traditions overall can be traced earlier Provincial police forces in rural Eastern Canada (1867) 1873: Expansion into North and West - North-West Mounted Police  - Forerunners for Canada’s Royal Canadian Mounted Police (RCMP) HISTORY OF CRIMINAL INVESTIGATION - CRIMINOLOGY VS CRIMINALISTICS Criminology: Study of crime within society Exploration of criminals and their treatment Criminalistics: Study of evidence to investigate crimes Known today as ‘forensic science’ HISTORY OF CRIMINAL INVESTIGATION - PHILOSOPHIES IN CRIMINOLOGY Atavism: ‘Genetics’ Criminals born to commit crimes due to biological deviance Cesare Lombroso (1835 – 1909) - Psychiatrist - “Father of modern criminology” Positivism: ‘Status’ Criminals exist because crime is the product of social causes Alexandre Lacassagne (1843 – 1924) - Professor of legal medicine - ‘Father of forensic science’ *Good to know the timelines of the people but will never be asked to know the dates of them* HISTORY OF CRIMINAL INVESTIGATION - IMPACT OF CRIMINOLOGY ON CRIMINALISTICS How do these philosophies relate to criminalistics? - Influenced others to generate systems/methods - Formed the basis for those used in investigations today From forensic perspective, role of Lombroso and Lacassagne in history: - Influence first forensic scientists Alphonse Bertillon (1853 – 1914) Followed Lombroso, but different in approach - Lombroso: understand inherent morphology of criminals (criminology)  - Bertillon: create identification system for recidivist offenders (-criminalistics) Systematic approach to criminal identification through 11 measurements of the body - Anthropometry Officially implemented in 1883 (‘Bertillonage method’) - Widely accepted until 1920’s Problematic Q: What do you think the main issue with the Bertillonage method was? A: Foundation fort the concept of the mugshot Edmond Locard (1877 – 1966) - Another key player in the history of crime scene investigation - Also impacted by criminology and the philosophies therein -Lacassagne was his predecessor - Postivism - Encouraged him to study law alongside medical work Developed methodology for examining: - Cause of death - Associated physical evidence Late 1800’s and early 1900’s: contributions to forms of classification and identification - 1883: Alphonse Bertillon -Method of criminal identificaton (mugshot) - 1892: Sir Francis Galton -Fingerprinting method - 1898: Paul Jesrich -Categorization of bullet striations - 1901: Karl Landsteiner -Blood grouping system Advances impacted by field and pioneers of criminology Formed basis for criminalistics Hans Gross (1847 – 1915) - Professor of criminal law - Recognized role of science in determining legal outcomes - Published the ‘Handbook for Examining Magistrates as a System of Criminology’ -Need for legal professionals to understand scientific study of crime - Unfired science and law  Coined the term: ‘criminalistics’ IMPORTANT FIGURES - IN THE HISTORY OF FORENSICS AND CSI Alphonse Bertillon (1853 – 1914) Hans Gross (1847 – 1915) Sir Edward Richard Henry (1850 – 1931) Edmond Locard (1977 – 1966) Henry T.F. Rhodes (1893 – 1969) Paul Kirk (1902 – 1970) Sir Alec Jeffreys (1950 – present) Sir Edward Richard Henry (1850 – 1931) - Metropolitan Police Force - ‘Classification and Use of Fingerprints’ (1990) -Formalized the ideas of Francis Gallon into a classification system Henry Classification System - Fingerprint patterns to classify prints: -Loop -Whorl -Arch Edmond Locard (1877 – 1966) - 1910: began using attic above law rooms to perform work - Interest in microscopic evidence (dust) - 1912: assisted police in solving the Marie Latelle case -Formal recognition of the Locardian laboratory - Internationally renowned as first dedicated forensic laboratory Locard’s Exchange Principle (1920): “When any two objects come into contact, there is always a transference of material from each object onto another” Henry T.F. Rhodes (1893 – 1969) - Use of the scientific method for crime scene investigation - “The process of crime scene investigation is scientific” - Published ‘Clues and Crime’ (1933) -Stated that the objective of crime scene investigation was to determine: - How the crime committed - Order of events Sceintitifc method foundational to these decisions Paul Kirk (1902 – 1970) - Founder of American criminalistics - Published ‘Crime Investigation’ (1953) - Analyzed evidence in the Sam Sheppard case (1955) -Marilyn Sheppard found murdered in bedroom in 1954 -Sam Sheppard fought with the perpetrator abd was struck unconscious -Questioned about an affair (Susan Hayes) -Charged: wrongful conviction and overturned Physical evidence always present at crime scenes Illustrated importance of recognizing evidence Sir Alec Jeffreys (1950 – present) - British geneticist - 1980’s: individual identification can be made based on DNA -Concept of genetic fingerprinting - Developed techniques for profile analysis of DNA -Paved way for current techniques of DNA analysis DEVELOPMENT OF FORENSIC LABS IN CANADA Recall Locard established first dedicated forensic laboratory in early 1900’s in France - Led to the establishment of others internationally In Canada: - Montreal: Laboratoire de Sciences Judiciaires et de Médicine Légale (1914) -Run by Dr. Wilfrid Derome -Following the Locard model -First established in Canada, third established in the world Toronto: Laboratory of the Attorney General in Ontario (1932) - Head: Dr. Edgar Frankish - Renamed Centre of Forensic Sciences in 1966 -Central laboratory in Toronto Reginal laboratory in Sault Ste. Marie DEVELOPMENT OF FORENSIC LABS IN CANADA - THE CRIME LAB Scientists are civilians (specialists or technologists) - Analyze evidence - Testify in Court  Full-service laboratory includes: - Toxicology - Biology - Firearms and toolmarks examination - Questioned documents - Photo analysis - Electronics - Chemistry Operate under established protocols and guidelines - Ensures integrity of scientific analyses Laboratories may become accredited (legally recognized) - American Society of Crime Laboratory Directors - Uphold quality assurance and quality control - Requires extensive reviews and examinations -Credentials of personnel -Administrative practices -Use of evidence controls -Type of examination methods Lecture Three A (09/17/24) CCT 1080 Defining Crimes and a Crime Scene DEFINING A CRIME A crime is “An act punishable by law” Deemed by statute or common law to be a public wrong - Ex: Homosexual marriage was considered a crime, being a witch All crimes are different, but may have a pattern to them - For the offender, it is the Modus Operandi, (how they operate) - Mode of Operation, way of doing. Pattern of criminal behaviour Criminal acts or behaviour may be proved by evidence DEFINING A CRIME SCENE A crime scene can be defined as “Any place in which a crime occurred, or in which evidence relating to a possible crime has been located” Crime scenes yield physical evidence, an area of documentation Require control, maintenance, and documentation Only things consistent about crime scenes are: - Locard’s Exchange Principle > Every contact leaves a trace - Their inconsistency > Every crime scene is going to be different > Can be small, a large space, a house, ect > May be confined or spread over a large space For example: one room in house versus a large property or farm CRIME SCENE CLASSI FCATIONS Crime scenes are diverse -> Every crime scene is different Many ways to classify a crime scenes: - Primary vs Secondary - Macroscopic vs Microscopic - Based on type of crime - Based on crime scene condition - Based on crime scene location Primary versus Secondary Crime Scene - Designation of sequence of events > Does not indicate priority or importance - Primary crime scene: > Site of the original criminal activity occurred > May yield more usable evidence (not always) - Secondary crime scene: > AKA subsequent crime scene - A Secondary crime scene may be the first scene investigators encounter > Used evidence from the secondary can locate a primary crime scene - There can also be a tertiary or third scene, and so forth Case example: - Woman sexually assaulted by bald men, no condom, gloves  - Strangled by tie - 4AM, transported to woods and buried with tie Macroscopic versus Microscopic - Based on size of the crime scene - Macroscopic crime scene > Possibly composed of any crime scenes For example: , victim stabbed in park The park, the body, the wound, and the ground around body - Microscopic crime scene: > Forced on specific types of physical evidence found in the macroscopic crime scene For example: trace evidence on the body - Based on the type of crime committed: > Homicide > Suicide > Arson > Robbery > Sexual Assault > ect. They aren’t as descriptive as other classifications - Crime types may change during the investigation BASED ON CRIME SCENE CONDITION Roots in criminal behaviour and profiling Widely used in classifications of violent or recidivist (reoffending) offendered Organized crime scene: - Indicates premeditation, planning, and control > Scene is more orderly > Offender is more likely to purposefully conceal the body or remove evidence from the crime scene > A more organized offender would take their weapon with them Disorganized crime scene: - Reflects sense of disorder, little if any premeditation > Scene in disarray, evidence more likely to be found, body often in open view > Disproportionate number of scenes are the disorganized type Based on the physical location of the crime scene:  - Indoor - Outdoor - Vehicular - Aquatic - Ect. Also not as descriptive as the other classifications -> What if there are multiple crime scenes in different locations? ARE A L L S C E N E S C R I M E S C E N E S? - Crime scene can take many forms - Must avoid making assumptions > Cannot assume “known” is all that exists Primary versus secondary crime scenes Answer: No! Cannot assume scenes are all crime scenes. Approach every scene as if it IS a crime scene Ensuring ingetrity of evidence key to whether evidence will be admitted in Court - Strict management Crime scene management includes: - The initial response - Securing and preserving the crime scene - Scene assessment and documentation - Searching the scene - Releasing the scene MANAGING CRIME SCENES Early stop in managing the scene: establishing the crime scene area Inner perimeter: - Core area where criminal act took place - Evidence most likely to be compromised Outer perimeter: - Larger perimeter surrounding inner circle - Crime scene tape Important to manage scenes to allow for: - Full investigation - Proper documentation and collection of physical evidence - Admissibility in court  Lecture Three B (09/19/24) CCT 1080 Team Members, Investigative Ethics, and Bias T H E C S I E F F E C T: R O L E S A N D R E S P O N S I B I L I T E S - Popular media represents crime scene investigators as amalgams of many different roles -> Each is distinct and requires focused training and education - The Crime scene investigator is only responsible for attend the scene, collecting evidence - Result of popular media representations leads to: -> The glamourization -> and Public misinformation - It also results in the lack of a complete understanding of complexities or of multidisciplinary nature of the investigative work P R O C E S S OF C R I M E S C E N E I N V E S T I G A T I O N - Incident reported and first responders dispatches (three-tiered response, fire, police, medic) - Responding first officer (patrolling officer of a scene) performs scene assessment, decides immediate action, secures scene -> Responding officer decides who needs to come - If a known or a suspected death, it becomes a death scene -> The coroner or medical examiner, gains legal authority, is called and no one enters without permission - Ranking officer arrives at crime scene: -> Responsible for managing investigation -> Meets with those on scene for preliminary briefing with responding officer  - Crime scene investigator consults with lead/ranking officer in charge upon arrival Review: Who is who? Uniformed patrol officers: -> Constable Respond to emergency calls for service in their defined geographical area Assumes control until relieved by police supervisor or crime scene investigator Uniformed police supervisor: -> Sergeant Supervision of patrol officers (constables) Assume control of crime scene until relieves by criminal investigator or CSi Sometimes the supervisor handles if no CSI Major crime: CSI arrives Detective: -> Criminal investigator Police officer (in any rank) for crime scene investigation They conduct and manage an investigation, preparing the case for court, and assisting the prosecutor -> They may be multiple for one case, usually a lead and a junior CRIME SCENE INVESTIGATORS IN CANADA - Highly trained, sworn police officers - Called “Identification Officers” - To enter identification Until you must: -> Become a sworn police officer -> Complete basic training - Work as general duty, uniformed police officer - Work as a Scene of Crime Officer (SOCO) - Application to become Identification officer - Spend time in the Central Investigations Bureau - Civilians may become involved in crime scene investigation CivilianL someone who has not completed formal police training/Is now sworn -> Work with police in uniform -> no use-of-force abilities - Forensic Identification Assistants -> Assist Ident Officer in processing evidence -> Toronto: Crime Scene Support Techs  -> Generally, they require a background in forensic science - IMPORTANT: -> SOCO and civilian Crime Scene Support Techs merely assist the Identification Unit (Officer) - Process evidence - General, they do not assist with larger or more serious crimes EX. No shooting reconstructions - Regardless of role, duty is to the scene ->They do not work in the lab - Depending on severity of crime and scene, 1-2 identification officers are present -> Death investigations: 2 officers - Lead forensic investigator: -> Scene management -> Priority of investigation -> Liaise with outside investigative personnel -> Determine/Coordinate/Contact specialists - Less experienced person forensic investigator working with them FORENSIC SCIENTISTS IN CANADA - Evidence is submitted to a crime lab by the CSI - Enters Case Receipt Unit -> Centre Receiving Office (CRO) in Ontario - When evidence enters, exhibits tagged with computerized monitoring system -> Laboratory Information Management System (LIMS) - It allows personnel to see: Where evidence is, Who has it, How far the analysis has progressed - Exhibits go to the Evidence Recovery Unit -> ERU technologists locate and collect all forensically important material -> It is submitted to the appropriate units (department) for analysis - In Ontario, this process is done by the CRO itself - Forensic scientists are: -> Civilians -> Employed by crime or forensic laboratories -> They analyze evidence removed from a crime scene -> Their area of employment depends on expertise  - Forensic biology is one of the largest sections - The Forensic Biologist: -> Analyzes biological material (vaginal discharge, semen, ect) - Human or non-human - Most known for DNA analysis To become one: You need a minimum honours degree -> Biology, biochemistry, molecular biology -> Most have a graduate degree They do extensive training in the lab -> They do not become an analyst or specialist right away Ex; ongoing supervision overtime. Attending court, ect. - The Forensic Toxicologist - Determines the presence and amount of toxins in body fluids and paraphernalia (Toxins, drugs, alcohol, poisons) - Determines physiological effects - Ex: What was the original dose> Was it enough to kill or impair the individual? - To become one, you need a minimum honors B.Sc (most have graduate degrees) -> Biochemistry, pharmacology, physiology, or chemistry - Extensive training before solo work - Different labs have different names for this unit (e.g Trace Evidence Unit) - - Forensic Chemist: - AKA Trace Evidence Specialist - Analyze non-biological trace evidence and substances (Ex: paint, clothing fibres, gasoline) - What the substances is and what it’s chemical elements art (%) - To become one: minimum honours B.Sc. -> Chemistry background (most graduate degree) - Extensive training before work - Firearm examination is not ballistics - Tool-mark and firearm specialist: -> Analyze of tool mark, tool. Firearm, or ammunition -> Physical matching of tool to suspect mark - Firearm specialists may also: Restore serial number Assess mechanical condition, safety, and legality Maintain CIBN (Canadian integrated Ballistics Network) Minimum honour B.Sc (engineering or physics) - Extensive training before solo work - Questioned document: Anything that contains, letters, numbers, or symbols that could express meaning; authorship in doubt - The Questioned Document Examiner: -> Analyze or compare handwriting -> Examine document alterations (Where it came from) - To become one, minimum honours B.Sc in Chemistry -> subject to a number of word blindness and dexterity tests - Extensive training before solo work O T H ER T E A M M E M B E R S - Variable depending on complexities and requirements of each investigation -> Dive/Underwater search teams, aerial search teams -> Medical examiner/Coroner -> HAZMAT response team -> Forensic psychiatrist -> Forensic anthropologist -> Forensic odontologist (dentist/teeth) -> Forensic entomologist (Insects associates with human body to estimate elapsed time since death) -> Forensic botanist (Plants or pollen to link a suspect or item to a particular scene or area) INVESTIGATIVE ETHICS - Crime scene investigators and forensic scientists work for the facts (Shoulder a tremendous role in the justice system) - Professional ethics and integrity essential - Ethics: “Moral principles that govern a person’s behaviour or the conducting of an activity” (Oxford Language, 2021)  - Professional ethnics are generally outlined by professional organizations (Ex; AAFS) - Synopsized as (Gardner and Bevel, 2009): -> Objectivity: Discovering the truth regardless of how it may/may not affect the outcome of a legal proceeding -> Honesty: Tell the truth, avoid distortion of facts and/or misrepresentation -> Openness: Be open to criticism, be transparent - Be conservative (Only say what I know/see) - Communicate accurately, precisely, without ambiguity - Use proper tests, procedures, and methodologies, (remain current) A NOTE ON “JUNK SCIENCE”: - Junk science is any type of science that does not meeting the requirements of true science -> Unproven or questionable research -> Research driven by personal gain Current “scientific” methods under fire: - Fire investigations - Lead bullet analysis - Hair analysis - Bitemark analysis ERROR AND BIAS - Error can be made at any point -> May affect validity of established conclusion -> May lead to flawed understanding of events (which leads to wrongful convictions) - Types of error: -> Ethics violation -> Honest error: - Lack of training - Pressure - Administrative error COGNITIVE BIAS - Bias may also be a factor in error - Broad term that includes a variety of processions that may lead to inaccurate judgements - May affect memory, reasoning, decision making - Types of bias:  -> Confirmation bias: - Tendency to seek information or -> Context bias: —- Lecture Four A (09/24/24) CCT 1080, 2PM to 3PM The Initial Response and Scene Security ARRIVING ON SCENE Priorities of First Responders Initial response involves: - Receipt of information - Prioritization of efforts - Safety and emergency care (preservation of life) Process of crime scene investigation - Incident reported and first responders dispatched - Initial responding police officer ensures integrity and preservation of crime scene Many jurisdictions rely on on 3-tiered response - Police department - EMS (Emergency Medical Services) - Fire department Safety of first responders and those at/near scene is the priority - Responding police officer identified and initiates the appropriate response Next priority: preservation of life - Even at expense of evidence/scene preservation SCENE ALTERATION When possible, first responders should avoid altering the crime scene - Initial response must be effective, efficient, methodological  - Preservation of life is paramount Scene alteration not a problem if reasonable explanation exists as justification for such and documenting what happened Examples of reasonable expectations or justification for an altered crime scene: - Damage caused to gate entry - Damage from suspect apprehension - Item relocation from medical assistance - Environmental effects - Time lapse prior to scene discovery Police must maintain documentation of what happened; how scene was altered - Provide to detective or investigators ROLE OF RESPONDING POLICE OFFICER Responding police officer often first to arrive Duties of a responding police officer: - Safety of first responders - Preservation of life; safety for officers on scene - Scene security and preservation - Thorough documentation - Transferrence of responsibility Some despite officer rank or seriousness of crime They do not rush into a scene and observe and assess - Responsibility to try to preserve physical evidence subject to alteration of lifesaving actions SAFETY AT THE CRIME SCENE From immediate threats to the safety of first responders or others at the scene Safety of responders of paramount importance First thing responding police officer must do is render the scene safe - Suspect may be on scene - May need to arrest or detain suspect SCENE SECURITY AND PRESERVATION When scene deemed safe, assess situation Proceed with extreme caution when entering crime scene: - Be aware of where evidence may be found - Observe all details - Important to document everything Securing the crime scene mitigates evidence removal or alteration and/or contamination - Locard’s Exchange Principle (Demonstrates the importance of scene security and maintaining the integrity of the crime scene) Who or what are some factors that mat do harm to a crime scene? - Persons who committed the crime or are associated with the suspect - Media - Curious members of the public - Crime souvenir collectors - Thieves - Members of other police units; departments, or agencies - Victims or other persons affected by the crime - Weather - Animals Scene security maintained through: - Physical presence (Policing guarding the crime scene) - Police line tape - Locks and barriers (Locking a door [indoor scene), Barricades with vehicles, board, ect) The method depends on the scope and the location of the crime scene - Death investigators: Tents are used to conceal remains and out of respect for the deceased (DEATH TENTS) DETERMINING THE SCOPE OF THE SCENE - Perimeter prevents damage to any potential evidence - Rule of thumb: designate large perimeter and reduce if prudent to do so: -> Can be reduced without —- PATH OF CONTAMINATION Arrival to scene is chaotic: - Responding officer assess boundaries and instruct emergency personnel of best route of entry Responding officer should establish a Path of Contamination - Path to focal point of the scene (Always used to access crime scene) - One path that everyone uses to enter a scene - Ideally, the path is least likely travelled by the suspect and the victim (Avoid potential paths of a perpetrator, evidence) MAINTAINING A SECURITY LOG Scene security officer is designated - Prevent entry into the crime scene by unauthorized persons - Remains on scene until it is then processed Must also keep a record of all those that enter and exit the crime scene They fill out a crime scene access log: (like an attendance) - Name and affiliation (title) - Time of entry and exit - Why they were on the scene - Under whose authority they entered - If death investigation, officer may stay until autopsy is complete The crime scene access log is important because it ensures: - Crime scene and evidence correctly interpreted - Possible contamination and cross-contamination is documented It’s especially important because in cases where the crime scene record and evidence is analyzed some considerable amount of time after the scene is processed, jog our memory DOCUMENTATION F OR RESPONDIN G POLICE OFCICER - When entering crime scenes, observe and take written notes ASAP Initially, the scene may be chaotic. - Documentation may not be a priority The types of things that is important to document: - All informations surrounding their dispatch and the arrival of the crime scene - Ex: time of call, time of arrival, who was present upon arrival Important that all actions are documented; even negative cases - Negative: noting what you haven’t seen, did not do - RECALL: Investigative ethics; must be honest and transparent - Mistakes or honest eros must be disclosed - May turn out to be of little significance with respect to scene integrity, but failure to document may result in the officer’s personal integrity being questioned - Generally, common sense, training can help prevent mistake - The responding officer, Information surrounding what (if any) lifesaving measures were administered:  EXAMPLES: - Where emergency personnel entered and exited the crime scene - The time of when the life saving measured began - The time of which life saving measures ceased - What objects were displaced, damaged, or removed (maybe a sketch) If injured must be removed from the crime scene, should document things such as: Location of individual within the crime scene Position of the injured person’s body Condition of injured person’s clothing -> Sticking to the facts only- what you saw and what you did Also important to document: - Any information from witnesses because information given at the scene may change as time goes on as information may be misinterpreted and misconceived - They take notes and not a full interrogation Any information from suspects Scene conditions: When arrived, what did you see? - Ex: Were the doors and/or windows open? Closed? - Were the lights on or off? Which lights were on? Which lights were off? - Weather Small details become really important Date and time indicators - Ex: Nails that was dares from the week prior but had not yurt been picked up - Food rotting - Test messages - Smelling decomposition? - Smell burning? TRANSFERENCE O F RES PONSIBILI TY While waiting to transfer responsibility, responding police officer may: Write down names of those who interacted with the crime scene Ensure documentation requirements fulfilled Establish basic facts Factual account of what happened; not full interrogation Keep suspects and witnesses separated Instruct witnesses not to discuss event(s)  Protect evidence (eg, divert water) Expand protective measures if required - Everything done must be reported to the detective/someone with higher authority - Report relevant to CSI ARRIVAL OF THE CSI -Usually, all threats to safety mitigated when crime scene investigator arrives Personal safety of utmost importance Must also mitigate risk of contact with potentially infectious materials Myth related to the CSI Effect - What crime scene investigators wear when coming onto a crime scene (other seen in glamorous clothing) CONTAMINATION Contamination may occur: Between items of evidence From crime scene investigators or other personnel not wearing proper attire Inadvertently depositing their own DNA at the crime scene or at an item of evidence ( Ex: a stray hair) Cross-contamination: (Locard’s Exchange Principle) Cross-contamination may undermine the integrity of forensic evidence Source P. P. E Never enter the crime scene without personal protective equipment (PPE) PPE may include: - Disposable Tyvek suits with hoods or other hair cover Disposable shoe covers Mask or other respiratory protection that cover the mouth and the nose Goggles or eye protection: - Face shield PPE may also include: - Disposable gloves (NItrile gloves that are chemical resistant - “Double Glove technique” because the gloves may tear - Worn when handling any evidence, potential evidence, or biological evidence - Cut resistant gloves where applicable In some scenes: hard hat, high visibility best, firefighter bunker gear, specialized footwear, dive gear, hazmat ect. We are never eating, drinking, or smoking at a crime scene Lecture Four B (09/26/24) CCT 1080, 10AM to 12PM Crime Scene Survey and Search CRIME SCENE SURVEY INITIAL WALKTHROUGH AND PRELIMINARY ASSESSMENT CSI is one of the first specialists to attend to a scene - They are connected by the police- criminal investigator or senior ranking officer (in major crimes) - NOTE: They are not always required If it is the case, they will do a preliminary assessment - Assessment as an ongoing process Preliminary assessment is the initial walkthrough is completed so a plan is made how to process the scene - For major crimes = criminal investigator and CSI where possible - CSI may perform a;one to preserve evidence - CSI decides who accompanies them, case by case “Look, but don’t touch” - Develop a plan or approach Initial walkthrough as an opportunity to: Determine nature and extent of the scene - CSI may reconsider the established perimeter Develop some theory of the crime Create a rough sketch of evidence location - Develop team approach - Determine appropriate search techniques LEGAL ASPECTS SEARCH AND AND SEIZURE IN CANADA Search: Something that infringes ones reasonable expectation of privacy Seizure: The taking of a substance of thing belonging to, or in the care and control of, a person by a public authority LEGAL ASPECTS SEARCH AND AND SURVEY IN CANADA Reasonable searches and seizures accepted as valid social safety mechanism - Balanced with individual’s right to privacy “Everyone has the right to be secure against unreasonable search or seizure” (S.8, Charter) Requires unjustified searches do not occur Accomplished by judicial pre-authorization Search warrant -> To authorize police or other official to enter/search premises to any location as long as a search warrant is in place Search Warrant: - Provides judicial review regarding was it reasonable grounds for infringement of privacy - It places restrictions on search: how, when, where No warrant = search presumed unreasonable - Prosecution must prove search not unreasonable - Evidence may be inadmissible Unreasonable: subject must prove they had a “reasonable expectation of privacy” Exceptions to general rule of judicial pre-authorizations: (You don’t need/have to get a search warrant) 1) Indecent to arrest and investigative detention - May search person and immediate vicinity to arrest and seize, if search conducted in reasonable manner 2) Consent and abandonment  - Person has a reasonable expectation of privacy in relation to the entity to be searched and gives consent or - Property has been abandoned (location and intent of person who abandoned it) 3) Plain view doctrine - When conducting lawful search re: one crime and evidence of another crime is in plain view, it may be seized 4) Exigent circumstances - If the Court finds circumstances existed that required immediate action to ensure safety or secure and preserve evidence where not feasible to first obtain judicial authorization - EX; R v. Smith, 2006 METHODS OF SEARCHING Crime scene searches are intrusive - Primary scene context (before search must be well-documented) Search must be systematic and methodical - Ensure all evidence and details noted - Priority should be given to the evidence at risk of deterioration Most used search methods are: - Strip, grid, link, zone, wheel, spiral -> Depends on the environment, scope of scene, available manpower and resources You can change methods, variations of techniques Search team must be aware of: - Lead - What method will be used - How they need to conduct the search - How to manage evidence found (Mark items without touching or altering) - Alert the search leader (Raise hand, use code word) S E A R C H I N G: STRIP SEARCHING AKA, the line method Search in strips approx. 2-4 ft wide Multiple searches may form line where search strips overlap: - Supervised by search leader  - Search left to right - Move at the same pace\ Works best in large or outdoor scenes and is popular in forensic anthropology and missing persons cases S E A R C H I N G: GRID METHOD AKA, the double strip method/double line method Line search one direction, change to 90-degree angle, search again - Usually 2 searches, lines of searches PRO: Scene to be searched twice CON: Time consuming S E A R C H I N G: LINK METHOD Most common search method Based on linkage theory: One thing influences/determines the process the outcomes of another Non-geometric - Based on findings, observations, and logic - Probability that based on the crime, evidence likely to be found in a particular location Works for any type of scene S E A R C H I N G: ZONE METHOD Best on scenes with defined zones - EX; house with rooms, UTM campus Allows certain zones to be prioritized May utilize other search methods within each zone The method works well with search warrants - Allows certain areas to be searched where other areas not specified or allowed S E A R C H I N G: WHEEL METHOD AKA ray or pie method Starting search from a critical point outwar in straight lines in all directions - EX: From the deceased in the inner perimeter Not as common with limited applications - Most often used circular crime scenes - Not good for large crime scenes S E A R C H I N G: SPIRAL METHOD Starting inward or outwards spirals - Inward: start at outer boundary and circle inwards towards critical point - Outward: start at critical point and circle outward Searcher trace regular pattern with fixed diameter Works best on crime scenes without physical barriers - Move common in outdoor and water scenes Limited resources* VEHICLE SEARCHES Vehicle searches are unique in that: - Search in restricted space - Processing of the interior and exterior - Presence of an undercarriage - Must also process the location where the vehicle was found The process doing vehicle searches is similar in most jurisdictions Tow vehicle to a place for secure processing: - Conduct preliminary search for evidence that could be damaged in transport VEHICLE SEARCH PROCESS Begin with the exterior and search for: - Damage  - Cloth imprints or road grime on the finish - Trace evidence - Fingerprints (EX; door handles) After exterior, commence search of the interior: - Generally divided into segments; always in same progression - Front driver’s, front passenger’s, back driver, back passenger, ect - Begins by searching segments for fingerprints first - Re-search in same areas for evidence - Lecture Five (10/01/24) ONLINE LECTURE Crime Scene Documentation and Chain of Custody D O C U M E N T I N G T H E C R I M E S C EN E Purpose of crime scene investigation is to: - Collect information to determine what occurred, what the series of events are - Preserve - Preserve crime scene context and evidence therein Documentation for crime scene investigations begins even before arrival on the scene - Once CSI arrives and the initial walkthrough is completed, we must document the scene in detail - EX; what we saw in the initial walkthrough Documentation serves as a permanent record - It’s a permanent way to preserve crime scene context and evidence Documentation requires crime scene investigators to be organized and systematic in everything that they are doing - Documentation is quite time consuming Four tasks of documentation: - Note taking - Videography - Photography - Sketching Usually in this order (but every scene is unique) All of the documentation should occur before evidence collection - CSI EFFECT: In shows like CSI (or maybe the episode I have to watch), they rush into the scene, grab evidence, package it, and send it off to the lab and no notes are taken. NOT REALITY TAKING NOTES AT THE CRIME SCENE THE IMPORTANCE OF NOTE-TAKING Done as events unfold, detail step-by-step actions - Not retrospectively because memory loss may affect accuracy and quality - CSI EFFECT: People carry something to write with, not seen on TV. EX: Prof will carry some kin dof notebook with her because she wants to note down what’s being done as those events are unfolding and detailing step by step actions - General Rule: Try to take notes as we are doing the doing that we need to do.* Note taking is important because: - Provides permanent record of scene -> Criminal investigators may rely on case notes in the future, particularly for drawn out investigations, can jog memory Seemingly insignificant information may turn out to be significant later - If we are noting down everything we see at a scene, we do not need memory TAKING NOTES AT THE CRIME SCENE GUIDELINES FOR NOTE TAKING A Crime Scene Investigator should document: - Notification and arrival information -> How they were notifiied of this particular incident - Any information surrounding their intitial walkthrough - Description of the crime scene (everything you see) and scene conditions (like weather, temperature, if it rained recently, ect) - Description of victim (if applicable, physical description, their positionality, ect) - Description of the crime scene and all evidence - And more! Generally documentation has an order, but every scene is differnet and unique Being meticulous and detailed in note taing is the key to competend crime scene investigation - Importance of transparency - Notes should bever be erased or edited in any way without documenting that has happened -> If mistake is made or something must be changed or amended, cross it ous with a single line and initial beside it a) Notification information - Include date and time you were notified - Method of notification (how were you notified) - What informatin you were received when notified (EX: Type of crime, location of crime scene) - Any other information that was relayed to you (EX: Who M.E is, what officers are doing on scene, ect.) b) Arrival information - Means of transportation (EX: You arrived by car, parked and hiked to scene, or ATV to scene ect) - Date and time of arrival at the crime scene - Personnel present at the crime scene (Names and affilations, Names of witnesses) - Any information provided upon your arrival (EX: From the initial responding officer) c) Initial walkthrough information - Date and time it began - Who performed it/who joined in? - Who else was in attendance? - Any identification of evidence during - Date and time the walkthrough ended - Document the results (Ex: Designate assignments to team members, search plan, ect) d) Scene description - Description of the scene location (address) - What we saw (Surrounding houses and streets, ect, farm?, bedroom) - Description of the scene itself (Indoor: describe exterior and interior, Outdoor: describe terrain, flora, fauna) - Condition of the scene (Messy? Clean? Evidence of recent activity?) - Weather at the crime scene (Usually done for initial) e) Victim description (if death scene and victim at scene)  - What information is collected depends on whether victim is alive or deceased (Victim physical descrption, relevan demographic information [age, gender, ect], desciption of physical wounds, presence or absence of identification) - If deceased: position of body, information on lividity, edivence in relation to the body - Recall: If the victim is deceased, the body cannot be touched or disturbed without explicit instruction from the coronoer - Be aware of the limitation of your knowledge (Only document what you see and what you know as fact) f) Detailed evidence handling results: - Physical description of evidence exhibit - Location and position of evidence - Any evidence collection details that are relevant (case dependant. Who collected it (Name and affilation. When collected (date/time) - Any results of search for fingerprints, DNA, trace OVERALL, Crime scene investigators should use their best judgement, training, and experience to ensure they have taken down all notes as application Every action should be documented: - In the order it is performed - And in detail Make a conscious effort to present negative or unexpected conditions as well (Ex: deceased body on ground but no blood) Ex: Absence of bloodstains where such is expected One light that is one when all others are off V I D E O R E C O R D I N G OF T H E C R I M E S C EN E Routine in major crimes but it is discretionary for other crimes Advantage over still photography: Graphical depiction that shows spatial relationships within the crime scene “Virtual inital walkthrough” Done in addition to other documentation efforts Done during or immediately following the initial walkthrough GUIDLINES FOR VIDEOGRAPHY - Not including any equipmet or personnel - Must remain objective (Do not record audio because narration during video recording may introduce subjective bias)  - May use placard at the beginning of video to provide relevant information: (Videographer’s name, date/time of recording, location, case number) Effective videography of a crime scene includes all aspects of the initial walk through: - Begin with scene surrdoundings (Include roafds to and from the crime scene, General view of the crime scene) - Enter the scene - Move through the scene in a systematic way (Showcase orientation of items of evidence in relation to the overall crime scene [wide-angle perpsective] - Pan the area and then zoom in on evidence exhibits (May use a scale) - Video record leaving the crime scene (Recording of spectators or other inviduals surrounding the crime scns [if relevant]) Idea that oftentimes, criminals may return to the scene of the crime) Recall: No documentation of a crime scene should be deleted or altered in any way because documentaiton becomes evidence Best practice: - Review the video recording on the scene in real-teal - Rerecord if necessary P H O T O G R A P H I N G T H E C R I M E S C EN E Photographing the crime scene serves several purposes: Refreshing one’s memory of Crime scene investigators and Witnesses Demontrates the spatial relationships betweens items of evidence Convey image of the crime scene and circumstances of the crime to the trier of fact - It must be admissible and must be able to testify photo is an accurate depection of area shown To accurately depict the area shown, photograph(s) must: Represent the subject matter in: - Colour (taken in colour) - Scale - Form Be in focus Show relationships between objects All digital files should be retained (Ensure throuigh the use of a photo log, like a scene security log) PHOTOLOG Photo log: proof of a documentation photo being taken at a crime scene -> Proof of documentation of your documentation A photolog is a piece of paper or doc that typically includes: - Date of each photo taken - Case number - Photographer’s name - Information on equipment used to take the photo (EX: Camera type, lens used) - Information specific to each photo (Photo number, TIme taken, Type of photo [Overall, mid-range close-up], Description of what the image shows, Listing each photograph [EX: Shutter speed, distance from camera to object) EQUIPMENT USED FOR PHOTOGRAPHING THE CRIME SC ENE Still photography used to be the norm 35 mm film Single Lens Reflex (SLR) Today, majority of agencies use digital photography (DSLR) - Greater flexibility - Ability for images to be incorporated into digital reports DSLR cameras have varying resolution capabilities - Higher megapixel capability ideal (Allows for quality photo enlargements) Flash: External flash often better than those built into the DSLR camera Benefits: Control the flash and lighting - Direct the flash to certain area - Bounce flash off lighter surface - Enhance details of patterned evidence Illuminate areas in shadows Camera lens: A tool to bring light to a fixed focal point to enhance quality of images Lenses for DSLR cameras are interchangable - Benefit of choosing which lens is more appopriate - Normal lens is appox. 50 mm (Duplicates that the eyes perceives) Crime scene investigators should generally choose macro lens - A marco lens is going to allow us to take close-up photos and remain in focus  GUIDELINES F O R P H O T O G R A P H I N G T H E C R I M E S C EN E Crime scene photography is systematic and organized - Approach to ‘general’ to ‘specific’ Overall shot of crime scene itself Mid-range Close-ups This allows us for: - The orienation of crime scene as a whole - Orientation of evidence within the sscene - Provides quality photos for examination OVERALL PHOTOS Overall photos are taken upon arrival at the crime scene - They include locator images to demonstrate the location of the crime scene It serves to capture the condition of the scene before any alteration occurs Depict overall scene context - It is important to have overlapping photographical coverage to show the entire crime scene Exterior overall photos Document: - Surroundings of the crime scene May use aerial photos - Particularly used for major crimes - Aerial photos may depict the location of indoor scene relatie to larger area - Demontrate the perimeter of large, outdoor crime scene Interior overall photos Document: - Actual scene location Taken from all 4 cardinal directions (N.E.S.W.) - Each room corner for indoor crime scene All photos should overlap Should include doors leading into or from the structure  - Because it provides a link to exterior photos MID-RANGE PHOTOS Also known as ‘intermediate’ or ‘evidence-establishing’ photos Purpose: - Show where evidence is in the crime scene - Transition viewer from overall to close-up photos With and without evidence marker CLOSE-UP PHOTOS Purpose: Show details of specific items of evidence or details of scene context EX: Details of a tire tread mark, layering of bed linen Two types taken: Photograph of evidence exhibit as it is found Photograph of evidence exhibit with an evidence marker and a scale included - Important that plane of camera parallel to plane of object being photographed HOW MANY PHOTOS ARE R E Q U I R E D? Recall: Every scene is different Any number as long as they each serve of a purpose General rule: It is better to overshoot, do more than less - When in doubt, take the photo - Don’t go crazy, becasue every photo has to be documented in the photo log and we can never delete said photos SKETCHING THE CRIME SCENE Permanent record of size and distance relationships of all the crime scene and associated evidence, using units of measurement Routine in major crime, discretionary for other crimes (not done for every single crime scene) Two types of sketches: Rough sketch - For CSI, rough sketch is often done during the intial walkthrough - Measurements are added to sketch after photography performed  Final (finished) sketch - Prepared for presentation in Court - Prepares based on the rough sketch that was done Every sketch should have: - A title or caption - Case number - Legend - Compass designation (indictator arrow usually north) - Documentation block (Case number, Offence type, Victim name(s) if applicable, Date/time of sketch done, Name and affiliation of sketcher, Scale) TYPES O F SKETCHES The Crime scene investigator decides which type of sketch is best: Floor plan Elevation plan Site plan Cross-sectional plan Each may have a rough version and a final (finished) version Use depends on scene location FLOOR PLANS Two-dimensional sketch Provides a bird’s eye view of a room or series of rooms Used for indoor crime scenes Beneft: - Simple and easy to understand - All items of are on one plane ELEVATION PLANS Two-dimensional sketch Used when the vertical plane is of interest Used for indoor/outdoor crime scenes Beneft: - Simple and easy to understand - All items of are on one plane SITE PLANS Two-dimensional sketch Provides a bird’s eye view of outdoor scenes Beneft: - Simple and easy to interpret May illustrate” - Property lines - Roads - Topography May be obtained from other sources, depending on the scene CROSS-SECTIONAL PLANS Also known as “exploded view” or “cross-projection” sketch Two-dimensional sketch Combination of floor plan and elevation sketch Utilized for indoor or outdoor crime scenes - Useful in forensic anthropology (Ex: Clandestine graves) MEASUREMENTS All sketches contain measurements Sketching the crime scene is often done last because taking measurements is somewhat intrusive - Use caution Four methods of measurement used: - Triangulation - Baseline - Polar coordinates - Perspective grid method (photogrammetry) TRIANGULATION Measuring the distance from two fixed points to the location of evidence - The fixed point is the unmovable item Requires multiple people Best for outdoor scenes or tricky contexts Record: The distance from each point to where tapes overlap over the evidence exhibit Cardinal direction of each measurement Use multiple points if evidence large - Provides more accurate representation BASELINE Measuring the distance of an object from a baseline at a right angle Indoor scene: Baseline as a wall Outdoor scene: Baseline created from point Requires multiple people Indoor or outdoor crime scenes Record: - Distance from baseline to evidence exhibit - Cardinal direction of each measurement POLAR COORDINATES Also known as “map and compass” Most simple, least accurate Crime scene investigator stands at a fixed point, sights to evidence exhibit Requires two people (2nd person stand where you are and walk towards evidence) Best over large distances Record: - Distance from investigator to evidence exhibit - Cardinal direction of each measurement PHOTOGRAMMERTRY “Perspective grid method” Places an object of known measurements into a photograph Multiple, overlapping photos from multiple angles Include standard measuring tool Best done using specialized software - Measurement calculations based on known dimensions and camera’s angle of view -> Overlapping photos limits distortion CHAIN OF CUSTODY Purpose: To prove integrity of evidence submitted to Court - Otherwise, it may be deemed inadmissible The chain must show: Details of evidence collection “Who collected this evidence? When?” Subsequent contact with the evidence - At what time - Under what circumstances - Changes made to the evidence Where the evidence was stored CHAIN OF CUSTODY DOCUMENTATION Evidence exhibits are labelled during packaging/preservation Chain of custody documentation: - Evidence labels - Notes or logs - Final reports - Must match up*** Information required to prove chain of custody: - Name or initials of individual collecting evidence (and each subsequent contact) - Date of collection, date of transfer - Agency, case number, type of crime - Storage location - Description of item Lecture Six (10/08/24) ONLINE LECTURE The Body as a Crime Scene: Death Investigation and Forensic Pathology PRONOUNCING DEATH AT A CRIME SCENE As we know, first responders are called when a crime scene or a body is discovered (3-tiered response; 911 dispathcing police, fire, medical) Upon their arrival, initial responding officer’s priority is to preserve life - Just as we assume a scene we visit is a crime scene, we must also assume that every person attended to is alive  - This means that first responders must provde life saving measures OR musy procure emergency medical assistance until qualified expert pronounced death The police and other investigators are not authorized to pronounce death (CSI EFFECT: CSI will arrive at a crime scene, and pronounce death. That is NOT reality because they are not legally authorized to pronounce death, only qualified medical practioner can) Can be exeptions.. Police may pronounce death where a person is “obviously dead” “Obviously death” in a medical-legal sense refers to: - Decapitation (removal of the head from the body) - Transsection (when the body is transected, happens at the waist or in motor vehicle collisions) - Visible decomposition - Gross rigor mortis - Gross outpouring of cranial or visercal contents (brain and the “guts” of a person) - Grossly charred body (Fire, burned body) In any instense, a police may pronounce death CSI can’t. DEATH INVESTIGATION Once death is declared at a scene, the coroner or medical examiner (ME) must be notified immediately as they have legal jurisdiction over the body CSI EFFECT: Shows like CSI, Criminal minds, ect. Show the CSI gathering evidence off the body, that’s wrong. It’s the Coroner/ME A body may not be searched or moved without consent from ME or Coroner In Canada, coroners/ME’s are repsonsible for overseeing the investigation into sudden death - Coroners Act - Fatality Inquiries Act (I.e; Medical Examiners Act) In Ontario, s.10(1) of Coroners Act (1990) requires deaths to be reported if they are occurring as a result of: - Violence - Misadventure - Negligence - Miscounduct  - Malpractice - OR by unfair means - During or following pregnancy in circumstances that might reasonable attribute to - Sudden or unexpected (Ex: collision) - As a result of disease or sickness not being treated by a legally qualified medical practioner - As a result of any casue other than disease - Under any circumstances that may require investigation (Something that seems suspsicious, suicide, ect) In addition, a death must be reported to the corner if: - A death if an inpatient has occured at designated institutions (Children’s residences, psychiatric facilties, ect) - Deaths in long-term homes - Deaths on premises of a detention facitily (inmate, visitor) - Any death during detention - Any deaths that occured while a person is restrained in a psychiatric facility, hospital, or a secure treatment program - Any work-related accidents at construction or mining areas DEATH INVESTIGATION CORONER VERSUS MEDICAL EXMANINER Coroner: - Elected or appointed - No requisite educational standard (Ex, may or may not have a medical degree ON, BC, SK, QC, NB, PEI, YT, NU, NT - A forensic pathologist does the autospy and death investigation Medical Examiner: - Legally appointed to someone - Has a medical degree with a specialization in forensic pathology - Serves at a coroner at a scene and does the autospy - AB, MB, NS, NL DEATH INVESTIGATION STAGES OF DEATH INVESTIGATION In Ontario, it occurs in five stages: 1. Death is reported to the coroner - Coroner decides whether to investigate  - Attends the scene to conduct a preliminary examination - They may call an expert - They can sign a coroner’s warrant to transfer of legal authorty of a body 2. Coroner decides whether autospu is required - If YES, the coroner issues a coroner’s warrant to forensic anthropologist authorizing postmorten examinatio - The forensic pathologist considers all information circumstances information surrounding deatb, scene itself, photos, medical records, autospy results. Ect - 3. The Forensic pathologist advises coroner of results of their investigation 4. Coroner issues a death certificate - In Ontario, the Forensic Pathologist issues the cause of death - Coroner considers pathologists report and information from police 5. Regional coroner determines if case should be reviewd, or a coroner’s inquest held - Coroner’s Inquest is conducted after an accident or an unnatural death - It is a judicial hearing with approx. 5 members - It’s not aversairial, rather it is a review from start to end to promote and highlight safety issues and prevention recommendations After the following analysis of the body at the scene, it must be transported to the morgue done by Body Removal Services and it typically placed insdie a body bag to intiate the medical-legal process Continuity is important (Ensuring Chain of Custody not broken, Establishing Chain of Custody) - A police seal is affixed to the zipper - In a death investigation case, the scene location and case number write on the body bag (Number given by coroner via quincy number) - An officr is assigned to accompany the body to the morgue - In Ontario, we have the Center of Forensic Sciences (Attached is the Coroner’s Complex/Ontario Forensic Pathology Serivce where the morgue is located) THE BODY AT THE CRIME SCENE Evidence on the body, around the body, or the body may serve as evidence itself We dot NOT remove evidence from the body unless it is unstabble any may become lost during transport The body AT the crime scene can provide important information such as: - The location and position of the body (Eg: Posiitonal asphyxia) - The relationship of the body to other pieces of evidence or to the crime scene overall - Enivronmental condiitons at the death scene (E.g., Temperature, humidity, ect) - General conditions of the death scene (E.g., Has the mail been picked up, Lights on or off?) DEFINING FORENSIC PATHOLOGY “A branch of medicine that applies the principales of knowledge of the medical sciences to problems in the field of law” THE BODY AT THE CRIME SCENE FORENSIC PATHOLOGY Forensic Pathologists: - Are medical doctors with a specialization - Perform autospy - May have expertise in other areas to assist in death investigation process - They seek to answer five main questions: -> Who died? -> When did they die? (Postmortem interval/Time since death) -> Where did they die? (Consistent with there are they found?_ -> How did they die? -> By what means did they die? FORENSIC P A T H O L O G Y: PPE CSI EFFECT: The fact Forensic Pathologist are wearing masks, not in TV. - Crime Scene Investigators in attendance - Criminal Investigator - major crime Personal Protective Equipment (PPE): - Scrubs - Medical scrub cap covering all hair - Tyvek or similar ‘arpon’ - Tyvek booties - N95 mask - Goggles - Gloves (multiple)  THE MEDICOLEGAL AUTOSPY PROCESS A comprehensive medicolegal autospy has 3 phases: 1. Pre-morgue analysis - Knowledge of the death scene, witness statements, and circumstances surrounding the death - Police and forensic nurses 2. Morgue analysis (the autopsy) - Examintation of body and associated trace evidence - External and internal 3. Post-morgue analysis - Any testing or examination that’s done once the autopsy is completed - MIcroscopic and laboratory examinations following the autospy Final autospy report is given to coroner THE MEDICOLEGAL AUTOSPY PROCESS PHASE 2: MORGUE ANALYSIS When the body is removed from a scene, it is placed inside a body bag with a police seal over the zipper - Photographs are taken before the body is removed from the body bag in the morgue to establish chain of custody - At receipt of the body in the morgue, police seal is removed and the body removed from the body bag. - Once received, take photos, then they cut and take photos - This ensures continuity Once the bag is opened: Autospy: 1. Evaluation of circumstances of death and medical history - May receive records from hospitals, doctor’s offices, fire marshal, plice, ect. 2. Pahtologist and assistants perform an external examination for the collection and documentation of trace evidence on/around the body - Pathologist, Pathology Assistants - Forensic identification offcers present if major crime present 3. Photographing and cataloguing of injuries - Most facilities have an in-house photographer - Major crimes: Forensic identification/CSI’s may take their own photos as well 4. Detailed external examination from head to toe - Measurements, note superficial marks on body, medical interventions, nutritional status, postmortem changes  5. After external examination has been completed, the internal investigation involves: - Dissecting of organs and tissues - Obtainment of televant samples (Tissue and Toxicology) - Anything that can inform cause of death THE MEDICOLEGAL AUTOSPY PROCESS CAUSE OF DEATH VERSUS MANNER OF DEATH Cause of Death: - The specific trauma, event, disease, or illness that triggers the physiological processes resulting in death - EXAMPLe: Coronary artery disease, Cirrhosis from hepatitis, Blunt force from trauma to the skull Manner of Death: - The description of the circumstances surrounding the cause of death - Categorized as: Accident, Suicide, Homicide, Natural, Undetermined MANNER OF DEATH- UNDETERMINED What does ‘undetermined’ mean? - It means it doesn’t fit into any other designation - Or it may fit into multiple designations The manner of death may not be immediately apparent - Further testing or require more contextual information This category is tried to avoid because it says they don’t know (lack of closure) THE MEDICOLEGAL AUTOSPY PROCESS EXTERNAL EXAMINATION: POSTMORTEM STATES External examination during autospy may include documentation of postmortem state - Postmorten internval (Time since death) Cellular death begins: - Algor mortis - Livor mortis - Rigor mortis They occur simutaneously until 48 hours after death Environmental and physical factors impact the onset and duration Algor mortis: (First postmortem stage) - 0-2 hours after death - Algor mortis begins when the body loses heat - Body temperature falls to that of the surrounding environment -> Depends on the deceased person and they enivronment they are in -> A hot environment may accelerate postmortem changes -> A cold environment may slow postmortem changes Livor mortis: (Second postmortem stage) - 1-4 hours after death - The blood pools and clots areas free of pressure (will look like dark, bruise-like pattern) - Areas under pressure from items or contact with hard surface are lighter in color - These patterns stay “fixed” (lividity stays consistent) at approxminately 4-6 hours after death - The onset of livor morts is used to assess the postmortem interval Rigor mortis: (Third postmortem stage) - 2-4 hours after death - While the blood clots and settles in Livor mortis, the muscle cells cease aerobic functioning, which causes a build up of lactic acid - This build up causes a chemical reaction that maintains muscle contractions - Begins im smaller muscle groups wihin 2-4 hours while larger groups within 24 hours - Rigor mortis dissipated by 48 hours after death - The onset of rigor morts is used to assess the postmortem interval POSTMORTEM STATES: STAGES OF DECOMPOSITION Organized into consistent stages: - Initial decay (The body is intact, microorganisms active internally) - Putrefaction (Rapid bloating, intestinal tract ruptures, odour) - Black putrefaction (Body collapses (“purge fluid”), flesh blackens, strong odour - Butyric fermentation (Fermentation and molding; flesh = cheesy consistency) - Dry decay (Flesh hardens into a leather-like texture)  - Skeletonization THE MEDICOLEGAL AUTOSPY PROCESS THE INTERNAL EXAMINATION: THE PROCESS Begins with incision of torso - Y-Iincision. A scalpel begins at the tps of the shoulders, cutting down the join at the middle of the chest “sternum or breast bone”, and continuing down to the top of the pubis Soft tissue is peeled back to expose bone Chest plate is removed Internal organs are removed - Done one by one or block/’en-masse’ method Organs are weighed and dissected to determine disease or injury Examination of the brain: - Incision from behind the ear - Scalp peeled away from the skull - Removal of skull cap - Brain removed; dissected immediately or “fixed” for dissection one week later -> Fixed: Hardening. Firm up. During examination, small sections of organs may be taken for subsequent analyses Following the dissections, the organs are returned, the body is sewn and cleaned THE MEDICOLEGAL AUTOSPY PROCESS THE BODY AS THE CRIME SCENE: REVIEW Who died? - External and internal examination (Eg: medical records, DNA, medical implants, tattoos) When did they die? - The mortises and staes of decomposition Where did they die? - External and internal examination (trace evidence on the body, results of subsequent analysis) How did they die? - Cause of death By what means did they die? - Manner of death  Textbook Notes (Chapters 1, 2, 3, 13) “You only get one chance to do it right the first time, so you’d better do it right. In short, if you think of it—do it—or have a good reason why you didn’t. Because if you don’t, someone—who gets paid considerably more than you and by the hour—will ask why you didn’t. And a jury will be watching.” —James C. Upshaw Downs Forensic evidence is used to provide impartial facts and is often referred to as the “silent witness.” The crime scene investigator (CSI) plays an important role on the collaborative team that includes the lead detective, the medical examiner, the prosecutor’s office, and the forensic scientists at the crime laboratory. Depending on the type of physical or biological evidence and the examinations that are performed, a number of scientists and technicians may be involved in the analysis of the evidence. The actions of the first officer on the scene and subsequent emergency responders prior to the arrival of the CSI must be documented and communicated to the detectives and other investigators as work on the scene progresses. The identification, collection, and preservation of physical and biological evidence must be completed in an unbiased and objective manner so as to ensure that in the final analysis (which occurs in the courtroom), the jury receives untainted and unquestionable forensic evidence as the jurors seek to find the truth and render a fair verdict. MAJOR GOALS OF A CRIME SCENE SEARCH - Recognition and identification of forensic evidence - Collection and proper preservation of the evidence - Reconstruction of the crime - Assisting detectives in forming a theory about the crime “Forensic science” begins with the effective identification, documentation, collection, and preservation of physical and biological evidence at the crime scene The job of the CSI is to properly recognize, identify, collect, and preserve those pieces of evidence that begin the process known as justice. The CSI must present a true and accurate representation of the crime scene to the court, remaining objective and unbiased throughout the proceedings. The court will weigh the value of the evidence and determine guilt or innocence. CSIs are responsible for two of the four steps in the admissibility of physical and biological evidence for consideration by the court. The knowledge, skills, and abilities of CSIs are invaluable to the final determination of the facts. CSIs must be highly trained and able to conduct objective and unbiased crime scene searches if the vital information available at a crime scene is to be accepted by the trial judges and juries. Forensic evidence leads to the development of the linkages among the victim, perpetrator, and the scene of the crime. FOUR MAJOR FACTORS THAT DETERMINE THE VALUE OF FORENSIC EVIDENCE Recognition—The CSI must have the knowledge and understanding to recognize potential items of physical and biological evidence located at the crime scene. Collection—Utilizing the appropriate skills and following accepted protocols to gather and preserve the physical and biological evidence. Testing Procedures—The application of acceptable scientific procedures to analyze the physical and biological evidence. Courtroom Presentation—Qualifications of the witnesses to provide objective reports on the forensic analysis of the evidence. CSIs can also be referred to as evidence technicians, crime scene technicians, criminalistics officers, forensic investigators, or crime scene analysts. No matter what they are called, these highly trained multidisciplinary professionals have a primary duty to complete the investigation of a crime scene by identifying and locating forensic evidence, documenting the location and condition of that evidence, collecting and preserving the evidence for transport to the crime laboratory, and maintaining the chain of custody (i.e., the documentation of the location) of the physical and biological evidence at the scene in order to preserve the integrity of the investigation. CSIs do process items of evidence—such as conducting examination for latent fingerprints or performing presumptive tests for the presence of blood—at crime scenes. However, the majority of scientific analysis occurs at the crime laboratory, and the personnel who generally complete such examinations are forensic scientists who specialize in the specific techniques utilized to analyze and interpret forensic evidence. CSIs can be sworn police officers or civilian personnel. Local law enforcement agencies determine these classifications, and there are no national standards of training or education for becoming a CSI. Many agencies require an applicant to become a police officer and then move into the investigative division after completing several years in the patrol division. Others hire civilian personnel and then train them as CSIs. However, these positions are not paid on the same scale as certified police officers, and they do not have arrest powers. Whether certified or civilian, the qualified CSI must successfully complete many specialized courses in order to develop the knowledge, skills, and abilities required to process the scene of a crime effectively. CSIs do not wear glamorous clothing or white lab coats when they are processing crime scenes. This investigator is working a hazardous crime scene and is wearing Level B protective gear. Although the increased public awareness of crime scene investigation has brought recognition to the importance of the tasks these highly skilled individuals perform on a daily basis, there has been no appreciable increase in the number of positions within police agencies. Larger agencies usually require a two- or four-year college degree for applicants, whereas small and rural agencies generally do not require a college degree for employment. The successful CSI must master technical skills including taking photographs, sketching and documenting scenes, processing items of evidence for fingerprints or other impression evidence, utilizing advanced software and technology-based equipment, and communicating well with prosecutors and other members of the investigation team. It is also imperative the CSI be proficient in critical thinking and problem-solving skills. The forensic scientist works in the crime laboratory performing scientific analyses on physical and biological evidence submitted by the CSI. A forensic scientist will have a four-year degree in chemistry, biology, or another applied science and must complete one to two years of bench training before achieving adequate expertise to perform examinations without the direct supervision of another scientist. Depending on their area of expertise, forensic scientists perform analytic tests for DNA, toxicology, serology, trace evidence such as hairs and fibers, and arson debris, as well as other tests that require scientific instruments and strict adherence to established protocols that ensure the objective analysis of evidence. Forensic Anthropologist The forensic anthropologist can be a vital member of the crime scene investigation team by providing assistance in a variety of ways. If human remains are located, law enforcement personnel may seek a forensic anthropologist to help ensure that all the remains are identified and collected from the scene after photographs and a detailed sketch of the location and position of the remains have been documented. The forensic anthropologist will be able to verify whether the remains are human or animal, identify the number of victims, and possibly establish a sequence of events that may indicate the approximate time that has passed since death occurred. Back in the lab, the forensic anthropologist will assist in cleaning up skeletal material so that it can be examined for evidence of trauma that may be visible from the bones. Gunshots and knife wounds often leave marks or fracture patterns that can be interpreted by a skilled forensic anthropologist and will contribute valuable information to the case detectives. When a forensic anthropologist studies the remains of an unidentified victim, a profile of the victim is developed. The examination yields data that contributes to this profile and includes gender, approximate age, body stature, ethnicity, handedness, and some generalized information about the overall health of the subject. Forensic Nurse The forensic nursing specialty is a growing field in which registered nurses are trained in the scientific aspects of identifying and collecting physical and biological evidence from living patients. The professional forensic nurse provides an additional investigative function, because he or she works directly to treat the injuries of victims of violence, criminal activities, and motor vehicle crashes. Healthcare providers trained in the importance of evidentiary materials and legal issues can present credible and objective testimony and protect the chain of custody when the crime involves either a living victim or a deceased individual who is transported to a medical facility. Victims of crimes arrive in hospital emergency departments (EDs) and may not be able to communicate with the healthcare providers due to physical injuries or language barriers. One of the most valuable team members in the ED is a registered nurse who has also been trained in recognizing potential victims of elder abuse, sexual assault, psychological or child abuse, and more frequently, individuals who are under the control of human traffickers and domestic violence. Forensic nurses are also called on to document medical observations of subjects who may be victims of suspicious deaths, suicide/attempted suicide, or other such traumatic occurrences. OTHER FORENSIC SPECIALTY AREAS Forensic Archeologist—A scientist who utilizes archaeological recovery techniques at scenes of mass graves or exhumations. Forensic Botanist—A specialist who can aid in determining time since death or assist in placing a suspect or victim at a location by studying the anatomy of plant evidence. Forensic Entomologist—A scientist who can evaluate the life cycle of insects found at the scene or on the body of a victim to assist in establishing investigative leads such as the movement of a body after death, manner of death, and the postmortem interval (PMI). Forensic Odontologist—A dentist with special training in the evaluation and handling of dental evidence, including bitemark comparison and the identification of victims/suspects. Forensic Pathologist—A medical doctor with additional specialty training in the determination of injuries and disease that cause death. Medical Examiner—A medical doctor with five or more years of specialized training in recognition of the cause and manner of death. Coroner—An elected or appointed official who conducts death investigations. The coroner is not required to have a medical background, and his or her duties are dictated by jurisdiction. Expert Witnesses It is the duty of the expert witness to educate the jury and provide testimony using terminology that is easily explainable and not misunderstood. Clarity, simplicity, and honesty are essential elements of expert witness testimony. Reports should be written in nontechnical terms that allow the scientific protocols utilized in the forensic examination of physical and biological evidence to be adequately explained. Questions can arise during the translation of technical terminology into lay terms, because not everyone agrees about the intended meaning of some terms and phrases. Clarity is essential, and terminology that may be misconstrued by defense attorneys must not be used in final reports. The testimony of an expert witness may be challenged in the following ways: The case may not require the expertise. Basic qualifications and ability to give an opinion in the field may be at issue. The examiner may have insufficient education or experience to have anything of value to offer (no value added). The methodology utilized to support the opinion may not be scientifically sound or capable of supporting the proffered opinion. The methodology may be scientifically sound, but the opinion based on the method is not sufficiently derived from that scientific methodology. FORENSIC EVIDENCE AND THE CRIME SCENE Forensic evidence, when properly identified, collected, and preserved, can link the suspect to a victim, to the crime scene, to a weapon, or to other physical or biological evidence These linkages are especially significant in crimes of violence, and the more linkages that are established, the higher the probability that the suspect committed the offense. Forensic evidence is subdivided into two basic categories: physical evidence and biological evidence. Physical evidence covers items of nonliving origin, such as fingerprints, footprints, fibers, paint, tire or shoe impressions, weapons, ammunition, and building materials. Physical evidence may be used as corroborative evidence, which tends to confirm or support the theory of the crime. This type could also be considered as circumstantial evidence, which indirectly infers a particular conclusion regarding the crime FORENSIC AND BIOLOGICAL EVIDENCE Forensic Evidence: Two Types Physical Evidence (Nonliving Origin) - Fingerprints - Footprints - Fibers - Paint  - Tire marks - Building materials - Glass - Firearms and ammunition - Questioned documents - Computers and mobile devices Biological Evidence (Originates from Living Sources) - Human bodily fluids - DNA Hair - Bone - Pollen - Plant material - Animal hair or bodily fluids Physical and biological evidence is valuable in many aspects, and proper recognition, documentation, collection, and preservation can reveal data that will aid the investigation by: Providing essential information on the facts of the case—the corpus delicti Revealing the modus operandi (MO)—the preferred method of operation Demonstrating linkages among the victim, suspects, locations, and objects Proving or disproving witness statements Identifying a suspect through DNA or other individualization Classifying unknown substances Reconstructing the crime scene—how a crime was committed Developing investigative leads Class versus Individual Characteristics The CSI must be aware of the differences between the individual and class characteristics of physical evidence. Most items of physical evidence located at a crime scene cannot definitively be linked to a single person or object. It is the responsibility of the CSI to locate all possible physical evidence at a scene and discuss the outcomes of the forensic analysis with the crime laboratory scientist, the lead detective, and the prosecutor in order to provide a cohesive and objective presentation of the evidence. Class Characteristics Physical evidence cannot always be related to a common origin with a high degree of certainty; therefore, when it can be associated only with a group and never a single source, it is placed into a class. It is not usually possible for the examiner to assign exact or even approximate probability values when comparing class evidence. Polyester fibers are a good example of class evidence. Examination will yield information regarding the makeup of the fibers, but it is not possible to state affirmatively that the fibers came from a specific rug. Significance may be attached to the location and number of the polyester fibers in relation to the victim, suspect, and/or crime scene; however, the forensic scientist cannot objectively state that a specific rug was the source of the fibers. Individual Characteristics Individual characteristics are distinct differences in the physical or biological evidence that allow it to be associated with a single source with a high degree of certainty. This permits the forensic examiner to determine the uniqueness of any single object or piece of evidence. The mathematical probability that there are two identical sources of the unique individual evidence is astronomical or beyond human comprehension. The scientist can state in court the scientific conclusion that excludes the possibility of identical sources of the physical or biological evidence or, more simply stated, beyond a reasonable degree of scientific certainty. Items of physical evidence that can be individualized and associated with a single originating source when the quality of the evidence is high are impressions of fingerprint ridges, toolmarks, bullet and casing comparisons, footwear and tire impressions, and handwriting. For example, DNA testing can exclude people from further consideration based on the highly discriminatory analyses that are now available and are accepted routinely in courtroom proceedings. The scientist will be able to state his or her conclusions to the court to a reasonable degree of scientific certainty based on the validity of accepted laboratory analyses. Direct Evidence Establishing a fact without the need for further analysis is known as “direct evidence.” An example of direct evidence is a video of a store robbery where the perpetrator’s face is clearly identifiable on the recording or the statement of an eyewitness who was in the store at the time the suspect entered the store. This type of evidence does not require inference or assumption. It is based on personal knowledge or observation and directly proves or disproves an allegation or disputed fact. Circumstantial Evidence Most of the evidence examined in the forensic lab is circumstantial evidence, and it is up to the forensic scientist to provide an explanation through his or her analysis. This type of evidence is more objective than direct evidence. The CSI must guard against contamination of the evidence at the crime scene or throughout the transport process to the evidence/property section. Circumstantial evidence is based on reasoning and not direct observation of a fact. If knowledge can be inferred from testimony provided at trial, it is circumstantial evidence. Natural Variation Repeated specimens will display normal variations—whether one is studying pattern formations in rock or handwriting samples. It is not possible to observe exactly the same characteristic of any object without obtaining intrinsic differences; the result will vary from instance to instance. Part of the variation detected will result from actual differences among the instances being compared, and part of it comes from variation in the measurement process. The process of observation or measurement involves human intervention—another natural system that is just as subject to intrinsic variation as any other system. To ensure the integrity of the evidence, first responders must protect and secure the crime scene until the appropriate search and seizure documents are acquired. These steps will establish a chain of custody that cannot be impeached during subsequent court proceedings. Mincey v. Arizona (1978) dictated what actions law enforcement personnel are authorized to take without first obtaining a warrant. First, officers can enter a scene to search for victims and render aid in areas in which a victim could reasonably be found. Second, responding officers may enter the scene to search for a perpetrator(s)—again only in areas where a suspect could be located. Third, while officers are legally in a location performing either of the two aforementioned actions, they may seize items of evidentiary nature that are in plain view; however, this should occur only in exigent circumstances, such as an unsecured weapon. Transient evidence is defined as physical or biological evidence that may be lost forever if not immediately preserved.