FSC100 Notes

- Provide rural policing needs for province - Provide urban policing needs where no other municipal/regional police service exists - Provide support for all police agencies was required Standards of policing: - The standards that police services must meet are set out in the police services act and regulations such as the adequacy and effectiveness of police services regulation. - Make recommendations for local policies, procedures and programs - Helps police services coordinate their activities - Encourages community-oriented police services - promote s professional police practices in training ● For Example: - Prevent crime - Enforce our laws - Help victims - Keep public order - Respond to emergencies Municipalities must also; - Provide the police services with the support systems; building and equipment they need so they can carry out their activities. Doctors and Criminals Two contradictory philosophies pertaining to the criminal mind dating back to the 1880’s: 1. Atavism : criminals were born to commit crimes due to biological deviance 2. Positivism : crime was the product of social causes Cesare Lombroso (1839-1909); - Demonstrated by using the skulls of delinquents, specimens of conservative tattoos, photographs of epileptics and inmates, arguing that criminals were born deviant, as evident in the size and shape of their bodies - Visited prisons, hospitals and asylums in mid 1800’s measured and tested heads, arms and legs of inmates and prisoners Alexandre Lacassagne (1843-1924); - Used charts and maps of crime statistics in france and biographies of criminals to link crime rates with geography - He set out to prove that the behavior of criminals was dependent on their social environment - Worked in military hospital - gaining first hand experience with damaged caused by bullets and bayonets - Offered his observations and research to high profile cases in france - creating area of study known as legal medicine - By the end of 1800’s both … methods were popular and formed the basis for gathering

● Allow full investigation - Thorough full investigation ● Proper documentation of evidence - ● Collection of physical evidence - Some things you cannot mitigate ● Admissibility in Court - Ultimate reasoning for processing a crime scene; make a determination - - Bringing the evidence for the crime scene to the court - Was the crime committed? - Is the person guilty? - Incompetence or incompleteness of that investigation Objectives: ● Public and safety of first responders - Mitigate any issues surrounding peoples safety - Orders are given without precautions Initial response/receipt of information: ● Arriving at the scene ● Prioritization of efforts - Most important aspects of securing the crime scene is to preserve the scene with minimal contamination and disturbance of physical evidence - Initial response to an incident shall be expeditious and methodical - The officers, upon arrival, shall assess the scene and treat the incident as a crime scene - Initial responding officer shall promptly, yet cautiously, approach and enter crime scenes, remaining observant of any persons, vehicles, events, potential evidence and environmental conditions - Written or mental notes of what they see - Making observations as your approaching the scene Safety Procedures: ● The safety and physical well-being of officer and other individuals, in and around the crime scene, are the initial responding officer(s’) first priority - ● The initial responding officer (s’) arriving at the scene shall identify and control any dangerous situations or persons. - Mitigate any problem that does exist - If cant do it themselves, call authorities to help Emergency Care:

Things to Consider: 1. Safety 2. Security 3. preservation/integrity of evidence 4. Proper documentation and collection techniques 5. Proper handling and storage of evidence 6. Good logistical practice 7. Retention for future analysis and storage 8. Prosecution and court cond\siderations The application fo the: L.O.S.E.R - Principle helps to ensure a successful scene examination L - listen; victim/witness O - observe; the scene S - search; evidence/victims E - evaluate; does it all add up R - record; notes/photos/videos Primary (Hot Zone): - Greatest investigative interest and most often where events took place. - Physical and trace evidence most likely compromised by non-forensic personnel - Where all action takes place Secondary (Warm Zone): - Larger perimeter surrounding primary zone - Generally where line tape located as barrier to signify crime scene perimeter How do you maintain security? ● Physical presence; police officers guarding the scene ● Police line tape; barricading perimeter ● Police evidence/security seals (tamper proof) ● Locks and barriers; preventing public access, theft and unauthorized entry ● Evidence logs; maintains a consistent record of all physical evidence ● Tamper proof property evidence bags ● Securing and protecting the scene security guard ● Horrific scenes; problems with civilians, media and other police officers ● “Keep your hands in your pockets”

● Commonly three tiered response ● Must act in sync with one another ● All incidents may have criminal origin and must be taken seriously to this regard: can be downgraded as necessary and with more information being made available. Scene will change - why and how? - Weather conditions, environmental factors - People on the scene; whos there - Time lapse - Suspect could change the scene; try to clean it up to avoid detection - Getting rid of a weapon Role of the First Responder: ● Damaged caused by entry ● Items being relocated within the scene to facilitate medical treatment to the victim and/or suspect ● Damage resulting from suspect apprehension ● Environmental effects like rain, snow and wind ● Time lapse prior to determination that a crime has taken place Common Error: What is the most common error made by first responders? - Not making notes/observations - Race to the scene: tunnel vision Procedures to consider… ● Respond promptly, while exercising caution ● Rmain observant - surroundings ● Note dispatcher information ● Note persons and vehicles ● Cognizant of possible secondary scenes ● Initial observations (look, listen and smell) ● Ensure safety (officer/victim, etc.) ● Ensure no immediate threats and mitigate ● Remain alert - assume crime is still in [progress until determined otherwise ● Treat scene as a crime scene unless determined otherwise ● Scan area (sights, sounds or smells) indicating danger - for CBRNE calls notify appropriate authorities ● Approach cautiously - in way that will reduce risk while maximizing safety “no blue canaries” ● Survey for dangerous persons and take control of situation ● Notify and update supervisory or investigative personnel and call for assistance or backup as required Secure the Scene… ● Determine parameters if possible and secure - limitations?

● That a crime has been committed ● Key elements of the crime ● Link suspects with scene and/or victim ● Corroborate statements ● Exonerate the innocent ● Fingerprints ● Footwear ● Firearms, other weapons ● Tool marks impressions ● Trace evidence: - Blood - Semen - Vaginal secretions - Saliva - Hair & fibers - Epithelial cells - Accelerants - Gunshots residue Conducting Scene Assessment: ● Scene assessment allows for the development of a plan for the coordinated identification, collection, and preservation of physical evidence and identification of witnesses ● Also allows for the exchange of information among law enforcement personnel and the development of investigative strategies. Conducting a Scene ‘Walk-Through’ and Initial Documentation ● Conducting a scene walk-through provides the investigator in charge with an overview of the entire scene ● Provides the first opportunity to identify valuable and/or fragile evidence and determine initial investigative procedures, providing for a systematic examination and documentation of the scene ● Written and photographic documentation records the condition of the scene as first observed, providing a permanent record. ● Avoid contaminating the scene by using the established path of entry (contamination) ● Prepare preliminary documentation of the scene as observed ● Identify and protect fragile and/or perishable evidence (e.g. consider climatic conditions, crowds/hostile environment). ● Ensure that all evidence that may be compromised is immediately documented, photographed and collected. Processing the Crime Scene: ● Assess the need for additional personnel. Be aware of the need for additional personnel in cases of multiple scenes, multiple victims, numerous witnesses, or other circumstances ● Assess forensic needs and call forensic specialists to the scene for expertise and/or equipment ● Ensure that scene security and the entry/exit documentation are continued

Measuring Details and Locating Furniture: ● Baseline - Best suited for exterior scenes without evident landmarks - Establish a baseline; start with a datum point - a location from which the baseline will extend (set by triangulation from fixed landmarks) - Measure items of evidence at a right angle from the baseline ● Triangulation - Effective method for fixing evidence - Regularly shaped; items with specific identifiable points - four measurements (two triangles) from distinct points or landmarks - Irregularly shaped” no fixed identifiable points (e.g. clothing) - two measurements (one triangle) from distinct points or landmarks ● Polar - Effective for exterior scene where evidence is scattered over a relatively open area (e.g. aircraft crashes, scattered remains) - Not suited for areas where line of sight is issue (e.g. forested areas) - Based on surveying techniques (two or three basic measurements) - Horizontal angle - Horizontal distance - Difference in elevation (when recording elevation data) - Requires use of: ➢ Surveyors transit, laser sighting device or compass (not best choice) ➢ Measurements are taken from a datum point ● Right angle offset (rectangular) - Using rectangular measurements, also known as the cartesian coordinate system, is likely the most commonly used method. This method can easily be accomplished by one person. - Using this method established a location based on an ‘x’ axis and a ‘y’ axis measurement. For items that have an elevation above or below the ground surface a thief measurement along the ‘z’ axis must also be obtained In summary: ● Follow the sequence: 1. One room at a time 2. Once around the room 3. Details 4. Overalls 5. Furniture ● Use right-angle offsets wherever possible ● Remember, you can never have too many dimensions What challenges can you perceive with a plan drawing a structure? - Depending on what type of drawing your doing - Whatever design your using; its capturing the evidence

- Not MS, - Not fire service - The coroner can pronounce death - Qualified physician Death Investigations ● Five questions to answer: 1. Who (identity of the deceased 2. When (date of death) - Able to determine when it occurred - No time stab - First 24 hours of occurence 3. Where (location of death) 4. How (medical cause of death) 5. By what means (natural causes, accident homicide, suicide or undertermined) Medico-legal Death Investigation Team ● Coroner - The one that attending the scene, making that determination - The pronouncement of death ● Police pathologist - Forensic pathologist ● Other forensic specialists - Must be approved by the chief coroner.. They will be paying for it Recovered Skeletal Remains Who are you going to call? ● City arborist crew ● 3D laser scanning technician ● Forensic anthropologist ● Forensic archaeological Recovery Team (FART_ ● Forensic Botanist ● Forensic Odontology ● Homicide Investigator ● Search team Coroner vs. Medical Examiner ● Often confused by general public and used synonymously, usually because their activities are not clearly defined by the media ● Canada has both: - Medical examiners are found in ALberta, Manitoba, Nova Scotia, and Newfoundland and Labrador

- Coroner system in the remainder of provinces and territories Medical Examiner ● Legal appointed medical doctor ● Usually specializing in forensic pathology ● Reviews deaths occuring as a result of accident, homicide, and suicide ● Any suspicious death - becomes central figure in forensic investigation (visits scene, responsible for autopsy and medico-legal examination of deceased) ● No federal laws in US requiring coroners to be physicians The Coroner System: Coroner ● Dates back to 11th century - shortly after norman conquests - 1066 ● Formally established in england 1194 ‘keep the pleas of the Crown’ ● Primary function to protect the financial interest of the crown in criminal proceedings ● The role was qualified in Chapter 24 of Magna Carta (1215), which states; ‘no sheriff, constable coroner, or bailiff shall hold pleas of our Crown The Coroners Act ● The coroners act, R.S.O. 1990 ● Provincial legislation Purpose of the Death Investigation - Prevention - Or - Prosecution (when criminal) ● To answer the 5 questions: ➢ Who ➢ When ➢ Where ➢ How ➢ By what manner? - Naturall 55% - Accident 31% - Suicide 10% - Homicide 1% - Undetermined 3% The Death Investigation ● The Process

➔ The office of the chief coroner for Ontario receives a call about a death that is suspected to be a corners’s case - Who can call? ➔ The investigation coroner on call is notified and speaks with the reporting person to decide: - Is this a coroner’s case? ● If yes, the coroner will attend the scene of the death, examine the environment, examine the body, and interview family members or other relevant parties ● For all cases, the coroner will decide whether or not to go forward with a post-mortem examination (autopsy) ● The coroner will work with: - The police - Forensic identification services - Criminal investigation bureau - Forensic pathologist - Forensic anthropologist - Regional supervising coroner - …etc ● The coroner will prepare a report on the case including the determined cause and manner of death - This will include recommendations for prevention Coroners Act ● Outlines the circumstances that qualify for a coroner’’s investigation ● Outlines the coroner’s powers: - Jurisdiction over the body - Enter and inspect - Examine - Seize - Issue warrants for autopsy and other testing - Inquests ● Appointment of Coroners: - The lieutenant Governor in Council may appoint one or more legally qualified medical practitioners to be coroners for Ontario who, subject to subsections (2), (3), and (4) shall hold office during pleasure ● Chief coroner: - Appointed by Lieutenant Governor in Council - Administrer this Act and Regulations - Supervise, direct and control all coroners in Ontario in the performance of their duties ● Deputy Chief Coroners: - Appointed - One or more - Act as and have all the power and authority of the Chief Coroner in their absence ● Regional Coroner: - Appointed - Assists chief coroner in performance of duties in the region

● The act provides structure to coroner and Pathology Services - guidance or governance, disciplinary action, complaint resolution, and general oversight ● Police assistance: - 9. (1) the police force having jurisdiction in the locality in which a coroner has jurisdiction shall make available to the coroner the assistance of such police officer as are necessary for the purpose of carrying out the coroner's duties - 10. (1) every person who has reason to believe that a deceased person died a. As a result of, I. violence II. misadventure III. negligence IV. Misconduct b. By unfair means: c. During pregnancy or following pregnancy in circumstances that might reasonably be attributed there to; d. Suddenly and unexpectedly e. From disease or sickness for which he or she was not treated by a legally qualified medical practitioner; f. From any cause other than disease; or g. Under such circumstances as may require investigation ● Shall immediately notify a coroner or a police officer of the facts and circumstances relating to the death, and where a police officer is notified he or she shall in turn immediately notify the coroner of such facts and circumstances ● Other reportable deaths: - Children’s residence (licensing of child and family services) - Group residences - Psychiatric facility - Public or private hospital ● Long term care homes ● Deaths off psychiatric facilities, correctional institutions, youth custody facilities , etc ● Interference with body: - 11. No person who has reason to believe that a person died in any of the circumstances mentioned in section 10 sha;; interfere with or alter the body or its condition in any way until the coroner so directs by warrant ● Coroners investigation: - 15. (1) where a coroner is informed that there is in his or her jurisdiction the body of a person and that there is reason to believe that the person died in any of the circumstances mentioned in section 10, the coroner shall issue a warrant to take possession of the body - And shall examine the body and make such investigation as, in the opinion of the coroner, is necessary in the public interest to enable the coroner, a. To determine the answers to the questions set out in subsection 31 (1) b. To determine whether or not an inquest is necessary and c. To collect and analyze information about the death in order to prevent further deaths in similar circumstances

● 16. (1) a coroner may, a. Examine or tale possession of any dead body, or both; and b. Enter and inspect any place where a dead body is and any place from which the coroner has reasonable grounds for believing the body was removed ● Idem: - Seizure of additional items to assist in the investigation ● Delegation of powers: - (3) a coroner may authorize a legally qualified medical practitioner or a police officet to excerices all or any of the coroners powers under subsection (1) ● Post mortem examination: - 28. (1) a coroner may at any time during an investigation issue a warrant for a pathologist to perform a post mortem examination of the body The Coroner Additional roles of the CORONER: - Public safety - Outbreak surveillance - Public inquests - Death in custody - Pediatric deaths - Institutional deaths - Some forms of workplace death Homicide Investigator ● Homicide, traditionally known as the homicide squad, employs six teams of higly trained investigators that will lead, or support death investigations throughout the City of Toronto - Homicide members are mandated to respond to the following: - All homicides occurring within the city of Toronto - All criminal acts that result in serious bodily harm, or life-threatening injury to an on-duty police officer in the City of Toronto ● Additional duties of Homicide include: - Assisting and supporting divisional investigators in cases involving suspicious deaths - Conducting chief’s administrative investigations, and supporting the Provincial Coroner, following deaths of person in police custody - Providing education to law enforcement partners, adjunct agencies, and the public in all aspects of death investigations - Conducting investigations or providing assistance to outside police services, into the deaths of Toronto Police members that result from apparent suicide - Fulfilling any other duties as directed by the Chief of Police ● The Toronto police service is fully committed to solving all murders that have occured in the City of Toronto. To this end, homicide employs a cold case section with a team of experienced investigators dedicated to uncovering fresh evidence in historical cases.

● Members of homicide also act as a resource to officers citywide with regard to investigations of attempted murders, and act as trainers to other TPS members on best practices in conducting death and major investigations ● Primary coordinator of investigation ● Oversee all aspects of investigation (include additional resources as required) ● Conduct interviews - interrogations ● Liaise with victim family, media, multi jurisdictional ● Pursue investigative leads ● Draft and execute warrants ● Arrest and process suspects Role of the Forensic Identification Officer ● What is it? - Provide scene photographs and other relevant information to coroner and forensic pathologist - Seize and control evidence relating to the death and scene - Attend post mortem examination Post Mortem Examination ● Investigating officer and FIO brief Pathologist on known facts ● ID of body to the pathologist (How?) ● Serve coroner's warrant to hold post mortem to pathologist ● Develop plan of exam with pathologist Role of the FIO ● Photograph under the direction of the forensic pathologist ● Receive clothing, artifacts, evidence, autopsy samples ● Ensure continuity of above ● Store and/or submit exhibits to the center of forensic sciences ● Fingerprint and confirm identity of deceased ● Notify RCMP of death - for expunging of criminal records ● Photograph body without clothing ● All injuries/marks photographed close-up with and without scale Prior to closing a scene: ● Have you had all of the experts in to provide insight? ● Has the post-mortem been completed to determine the cause of death? ● Has a final documentation of the scene been done? ● Has a second set of investigators been utilized to review the scene? Forensic Identification Officer ● All items are potential evidentiary value shall be identified, cataloged documented, seized and preserved (Ontario Major Case MAnagement)

Uniformed Personnel (First Responding Officer) ● LOSER ● Attend scene ● Preserve life (provide aid) ● Arrest (if applicable) ● Secure the scene/scene security ● Locate witnesses /victims/suspect ● Brief investigative teams ● Canvas neighborhood ● Assist with search (as directed) Forensic Anthropologist ● Forensic anthropology is a special sub-field of physical anthropology (the study of human remains) that involves applying skeletal analysis and techniques in archaeology to solving cases ● When human remains or a suspected burial are found, forensic anthropologists are called upon to gather information from the bones and their recovery context to determine who died, how they died, and how long they died ● Forensic anthropologists specialize in analyzing hard tissues such as bones. With their training in archaeology, they are also knowledgeable about excavating buried reamings and meticulously recording the evidence ● Handling human remains ● Cleaning remains ● Conducting inspections on remains for signs of trauma ● Identifying the age and sex of remains ● Estimating the time of death ● Drafting reports on findings ● Appearing in court cases ● Collaborating with law enforcement Supplemental: ● Crime analyst ● Forensic psychology/psychopathy ● Forensic dentistry/odontologu ● Forensic entomology ● Forensic botany ● CFS (biology, chemistry, toxicology, etc.) Methods of Identification after Death: ● Visual ● Photographic ● Clothing and personal effects ● Fingerprinting

● Dental records ● DNA ● Anthropology: sutures, frontal sinuses (limited) Oct 17 Lecture 5: Methods of Identification after Death ● Visual ● Photographic ● Clothing and personal effects ● Fingerprinting ● Dental records ● DNA Early development of the Autopsy in Forensic Investigations ● Written records of forensic pathology in Europe begin in 1507 (Bamberg Code) ● 1530 - More extensive penal code, known as ‘Constitutio Criminalis Carolina’ - Issued by Emperor Charles V outlined the importance of forensic pathology in requiring that medical testimony be an integral part of the proof and trials involving decisions about the manner of death was: ➔ Infanticide ➔ Homicide ➔ Abortion ➔ Poisoning ● Didn’t specify total autopsy to be performed but wounds were opened to determine their depth and direction ● First indication of ‘some degrees of expertise’ ● In latter part of sixteenth century - Ambrose Paré performed official medico-legal autopsies: reported findings in lungs of smothered children and studied the traces left by sexual assault Medical Death Investigation ● When does a Forensic Pathologist get involved? 1. When the coroner is unable to satisfactorily answer ANY of the five questions 2. When there is the possibility of involvement of the CRIMINAL JUSTICE system ● The PATHOLOGIST performs an autopsy for 2 main reasons: 1. DISCOVERY 2. DOCUMENTATION What is a Forensic PAthologist? - A medical doctor with specialist certification in anatomical pathology and additional training in forensic pathology

- Typical training to become a forensic pathologist requires at least 14 years of university and postgraduate training. Most forensic pathologists also hold Master’s degrees and/or a PhD - Has knowledge of the effects of Disease and Injury on the body in the context of the Law The Pathologist Register ● Category A Pathologists (Forensic Pathologist) - Can perform autopsies on All types of medicolegal cases including Homicide/Criminally Suspicious Adult and Pediatric cases ● Category B Pathologists (Anatomical Pathologists) - Can perform autopsies on Non-Homicide/Non-Criminally Suspicious Adult cases ● Category C Pathologists (Pediatric Pathologists) - Can perform autopsies on Non-Homicide/Non-Criminally Suspicious Pediatric cases Cause of Death ● The actual trauma, event, disease or illness that triggers the physiological processes resulting in death - E.g. asphyxia ● Immediate Cause of Death - The disease, injury, or complication that directly precedes death, and which is the ultimate consequence of the underlying cause of death ● Underlying (proximate) cause of death - The disease, or injury which initiates the chain of events ultimately leading to the cessation of life Mechanism of Death ● Defined as the Physiologic or functional derangement resulting in failure of one or more vital organs ● Usually does not require mention in the certificate of death ● Examples: - Cardiac arrhythmia - Exsanguination - Respiratory arrest - Multisystem organ failure - Sepsis Manner of Death ● Defined as the means by which death occurred. In Ontario, there are five manners of death: 1. Accident 2. Suicide 3. Homicide 4. Natural 5. Undetermined

The Pending Cause of Death ● A pathologist may choose to give the COD as ‘Pending’ after the autopsy of the COD remains unknown, and if there is a possibility that further information may permit his/her determination of the COD ● The ‘pending’ COD indicates that additional studies or investigations are needed: - Toxicology : in possible drug or alcohol related deaths - Histology : microscopic examination - Medical Charts : if there is a complex medical component to the death - Police Investigation : scene information, biochemical analysis, anthropological examination, etc. Approach to the Medicolegal Autopsy The Medicolegal Autopsy ● Medical investigation on behalf of greater society to determine how and why its citizens die ● Performed under legislation of the Coroner’s Act and NOT family consent ● Once a coroner takes jurisdiction over a body, the family essentially has no rights to the remains until the body is released Goals of the Medicolegal Autopsy ● Determine the cause of death ● Determine the mechanism of death ● Estimate the time of death and/or timing of injuries ● Determine the nature and mechanism of the injuries ● Give opinions as to the nature of instruments or weapons that may have been involved in creating the observed injuries ● Trace evidence collection, etc The Triangle of Death 1. Natural disease 2. Injury 3. Toxicity Five parts of the Medicolegal Autopsy 1. Assessment of the scene and circumstances surrounding the death 2. External examination of the body 3. Internal examination of the body 4. Interpretation of additional studies in the context of the case 5. Synthesis of a medicolegal opinion Examination of the Scene and Circumstances ● Dependent on initial police investigation ● Coroner’s warrant

● Police report ● Scene photographs ● Scene visit ● Medical records/ambulance class report External Examination ● General nutrition & development ● Hair color, eye color, facial hair, etc ● Documentation of tattoos, scars, other identifying features ● Examine all body surfaces ● Documentation of injuries, petechiae, etc ● Collection of trace evidence ● Consider alternate light source examination ● Consider radiographic examination ● Description of deceased ● Clothing and artifacts described ● Marks, tattoos, previous medical treatments, wounds assessed and documented ● Trace evidence such as bodily fluids from other persons, entomological evidence, fibers Internal Examination ● Follows external examination ● Areas of major organs given most attention: head, chest, abdominal area ● Rokitansky procedure: opening skull, Y-incision, cutting ribs (chest plate), exposing hear and lungs ● Macroscopic examination, followed by tissue samples for microscopic examination ● Organs removed, examined, weighed and measured ● Tissues samples sent to appropriate forensic laboratory (toxicology, biology, etc) Additional Resources ● Burned or sever decomposition: forensic anthropologist, assisted by forensic odontologist Evidence of Trauma ● The mortems: - Antemortem: before death - Perimortem: around the time of death - Postmortem: after death Antemortem ● Not of significant assistance with manner or cause of death\useful for identification purposes: premortem medical or dental records, characteristics of healed injuries and wounds including bone Perimortem ● Tissue and skeletal lesions with no evidence of healing is indicative of injury sustained close of death

● May be associated with manner and/or cause of death ● 2 factors to consider: 1. Nature of lesion (type of injury ie. fracture, amputation or puncture wound) 2. Cause off lesion (implement or event that caused the wound ie. knife, axe, stress injury) Bullet Wounds ● Small projectile, propelled at high velocity ● Pattern dependent on type of tissue, bone and ballistic properties of the projectile - Temperature, volume and pressure of the gasses resulting from combustion, gravity, and air resistance, as well as weight, shape, and caliber of the projectile ● Entrance hole usually circular ● E\beveled internally, sharply edged ● Exit hole more ragged and beveled externally ● Higher velocity projectile will cause greater and more rapid fracturing than low velocity ● Bullet fragmentation is common Sharp Force Injury ● Examples: knives, picks, axes, hatchets ● Leave identifiable marks on tissue, muscle and bone ● Sharp pointed instruments leave deeper and smoother holes than flat-b;aded objects which produce longer v-shaped notches ● Sharp edges of a knife can often splinter and cut bone, creating clean or curled edges much like whittled wood ● Dull edges dent or gouge tissue and bone leaving uneven edges ● Determining direction of injury and the instrument used can require microscopic examination and can assist with sequence of events, identify instrument used and sometimes intent of perpetrator Blunt Force Injury ● Blow to head from blunt object can produce a depressed fracture ● Site usually caved in ● Wider the object and more force will increase wider and more caving of depression ● Dependent on the site of the blow, and force behind it Postmortem ● Occurred after death ● Intentional or unintentional; ● Intentional: - Intent or acts by perpetrator when dealing with the remains - Ie. dismemberment ● Unintentional: - Factors that modify the remains - Ie. animal scavenging, weather, submersion in water, poor recover methods

Estimating Time of Death ● The enzymatic changes and biochemical reactions taking place result in three conditions 1. Algor mortis 2. Livor mortis 3. Rigor mortis ● Mortis: - death ● Algor: - cold - 0-2 hours since death - PMI ● Livor: - Bluish color - pooling/clotting of blood - 1-4 hours since death - PMI ● Rigor: - Stiff - 2-4 hours - Peak about 24 hours, then dissipates by approximately 48 hours Algor Mortis ● Latin - Algor: cold - Mortis: death ● Body loses heat and core temperature of about 98.6 degree fahrenheit (37 degree celsius) drops to ambient - surrounding temperature ● Timeline: 0-2 hours since death (PMI) ● Factors influencing temperature change: - Temperature before death - Temperature of surrounding environment - Type of clothing worn by deceased - Size and age of body - How body contained - Core temperature falls at predictable rate of 1.5 degree fahrenheit per hour Livor Mortis ● Latin: - Livor: bluish color - Mortis: dead ● Blood begins to pool and clot in areas that are free of any pressure. Gravity pulls heavy red blood cells downward, and with no heart pumping circulation, cells begin to sink and clot ● Pattern of bruising and blanching ● Timeline: 1-4 hours since death (PMI)

Rigor Moris ● Latin: - Rigor: stiff - Mortis: dead ● While blood clotting and settling, muscle cells cease aerobic function ● With no oxygen available, ATP (adenosine triphosphate) is not produced and muscle cells must function anaerobically (without oxygen) - this creates a build up of lactic acid in muscle tissue ● Proteins (actin and myosin) in the muscles begin to duse, where the presence of ATP would have kept apart ● Form gel-like substance - maintaining contraction of muscles ● Presence of this gel in contracted muscle tissue creates stiffness throughout the body ● Timeline: 2-4 hours (peaks about 24 hours, then dissipates by approximately 48 hours) Oct 24 Lecture 6: Forensic Biology Forensic biology incorporates the related areas of: - Body fluid identification (serology) - Deoxyribonucleic acid (DNA) analysis Serology: ● Serology techniques are used to screen evidence items for the presence and type of body fluid deposition ● Serology analyses target the bio-chemicals and cells that define the distinctive functional characteristics of different body fluids: - Hemoglobin in blood - Spermatozoa in semen ● Serologists: ➔ Seek to identify class evidence such as human and non-human biological materials - Blood - Bodily fluids - Hair and fibers ● Obtained from individuals, items or collected directly from a crime scene DNA ● Deoxyribonucleic acid: genetic information that dictates the form and development of an organism. A molecule found in almost all human cells ● DNA is the genetic blueprint of life ● Structurally, a two stranded molecule composed of chemical compounds that contain an enormous amount of information ● Arranged as a double helix, twisted like a spiral staircase, and packed into the nucleus of the cell ● Deoxyribonucleic acid:

➔ Why is it referred to as latent evidence? - ● Each strand of the helix is composed of nucleotides, composed of a phosphate group, a type of sugar called deoxyribose, and one of four nitrogen-containing bases ● The bases are: - Adenine (A) - Thymine (T) - Guanine (G) - Cytosine (C) ● Hydrogen bonds between the bases of each strand hold the double helix together in a regular and specific pattern: - Adenine will only bond with nucleotides containing thymine - Guanine will only bond with nucleotides containing cytosine ● These subunits form what are called base pairs (bp) ● Strands of DNA form codes of proteins (genes) that provide genetic information in the organism, like hair color, height, hair texture and skin color ● Human DNA contain an approximate total number of base pairs of 3 billion ● Structures carrying molecular strands of DNA are known as chromosomes ● There is one molecule of DNA in each chromosome and every species has a characteristic set of chromosomes ● One cell’s collection of chromosomes is known as a genome ● Humans inherit a genome of 23 chromosomes from each parent for a total of 46 ● In the human population, there is little variation between individuals. Despite what appears to be a whole range of differences in physical traits and appearances, 99.9% of our DNA is identical ● The small percentage that is different between individuals is the basis for the fingerprinting and profiling used in medical research, genetics and forensic science Rosalind Franklin: ● (25 July 1920 - 16 April 1958) ● 37 years ● Contributions to understanding of molecular structures of DNA, RNA, viruses, coal and graphite ● Discovery of the structures of DNA were largely recognized posthumously ● Chemical structure of DNA is the same for all cellular organisms, but the length and sequence of the base pairs along the DNA strands differ within and between species - E.g. the base pair sequences that code for traits such as ten fingers and ten toes are identical in all primates including humans, - But the base pair sequences that code for the sixe, shape and color of those fingers and toes are unique to the individual First DNA Case ● Narborough England ● Rape and murder case involving two 15 year old girls (1983 and 1986) ● Years apart but MO same - police suspected same individual committed both murders

● A tip led police to arrest a seventeen year old shortly after the second murder in 1986 ● He confessed to only have committed one murder ● Dr. Alec Jeffreys of Leicester University - England (genetics professor) ● Had been studying DNA variations and the evolution of gene families ● His interest and goal was to develop markers (a type of identification tags) to track the position of these genes ● In early 1980, Dr. Jeffreys lab had produced one of the first descriptions of what are termed ‘restriction fragment length polymorphisms’ - RFLPs ● Restriction fragment length polymorphisms are DNA restriction fragments - sections of DNA on a particular chromosome that have been cut into fragments by an enzyme ● These sections vary in length between individuals within the same species. The cause of the length difference was found to be the result of a variation in base pair sequences ● It was also found that some of these sequences were repeated in particular patterns inherited from one or both parents ● Subsequently described a general method for processing large numbers of these highly variable regions of human DNA from bodily substances for observation and comparison ● 1984: Jeffreys successfully tested the use of DNA analysis for identification purposes ● When DNA of several individuals was processed, different banding patterns were seen for different individuals (the image produced was dubbed DNA ‘fingerprint’ - based on ability to individualize) ● Jeffreys was sent samples related to the case including: - Blood of the suspect seventeen year old and semen samples from both victims - Semen samples matched (confirming same person responsible for both attacks) but exonerated the suspect who was in custody - He was confessing to an offense he didn’t commit! - He was released ● This was the first case in which DNA analysis eliminated a suspect ● Police now had this ‘DNA fingerprint’ of outstanding assailant and began collecting blood samples from males in the vicinity (5000 blood samples for analysis) ● World first - genetic manhunt ● Several months after initiating the search, police received a tip that they overheard a man in a pub boasting that he had paid someone to submit a blood sample in his place ● When approached and confronted, he confessed, convinced that his blood would ‘give him away’ ● Arrested in 1987, blood tested and matched DNA extracted from semen samples taken from both murdered girls. ● Convicted and serving two life sentences DNA ● DNA profiling: the second generation typing system (a more recent development) that looks at one area - a single locus (loci) - on a specific chromosome. This is the method in use for forensic analysis ● The final forensic DNA profile is most simply viewed as a set of numbers presenting the DNA ‘variants’ at target locations ● These DNA locations are known as ‘loci’ and are the generic equivalents of addressed or postal codes ● Genetic differences at loci are ‘variants’ or ‘alleles’ ● Extremely discriminating for individualization

● Totally individualizing except for identical twins ● Despite our differences, 99.9% of DNA is identical ● Can be extracted from bodily fluids that contain any cell with a nucleus DNA - STR Analysis ● Tandemly repeated sequences of DNA are typically classified into different groups based on size of the repeat region ● Regions with repeat of nine to eighty base pairs are referred to as variable tandem repeats (VNTRs) ● Regions containing two to five base pair repeats are called short tandem repeats (STRs) ● Popular method of DNA typing in forensic science ● Examines smaller regions of repeated sequences and therefore does not require large quantities of DNA ● Can also use degraded DNA Combined with a technique called polymerase chain reaction (PCR), STR analysis has made DNA typing less time consuming and more reliable, and has a higher degree of discrimination ● DNA is extracted chemically from the sample by breaking down the components of the rest of the cell to isolate the DNA from the nucleus ● Today, robotics use ‘solid - phase’ technologies that open biological cells selectively bind DNA to magnetic beads, and then wash off the non-DNA components, leaving the purified DNA for further analysis ● Dna is extracted chemically from the sample by breaking down the components of the rest of the cell to isolate the DNA from the nucleus ● Copies of the DNA are made using the polymerase chain reaction technique (amplification) - uses an enzyme for making unlimited number of copies of DNA ● Enable the generation of sufficient quantity from minute samples ● Analyze the extracted DNA fragments of interest taken from the same regions on a particular chromosome in different individuals ● The most common method for analyzing these fragments is called electrophoretic analysis DNA - Standard and Protocols ● Introduced into the U.S. in 1988 ● Created debate and controversy (both medical and legal arenas) ● Start up companies were ill equipped - no experience, flawed findings, inadequately defined procedures ● Arguments by scientists over practical applications and statistical calculations ● Despite inconsistencies and controversies, DNA typing was recognized as a spectacular new technology that promises to redefine the field of genetic research and criminalistics ● New technology with no previous laboratory standards in place to be applied ● Experts not permitted to testify to absolute matches ● Required to state conclusions with statistical or mathematical probability only and if an individuals could be excluded ● 1990’s saw rapid increase in acceptance and usage ● Private labs emerged doing DNA testing for law enforcement agencies - providing their own expert witness evidence ● Required long and detailed descriptions of DNA typing and statistical significance

● How can you say its a positive match? - ● Have you looked at every DNA profile in the world? - ● No standard protocol existed regarding the use of such highly personal and sensitive information ● Scientific and legal communities raised many of the same questions regarding reliability, interpretation and validity ● 1992, in response: the National Academy of Sciences published a report on the use of DNA technology in forensic science ● The report addressed the need to develop standards for collecting, analyzing and presenting data and called for DNA typing procedures to have built in measures that would ensure stringent procedures, confidentiality and consistency in the field ● By 1994, typing was firmly established for use in forensic investigations ● It has been supported by numerous papers and research in the field ● CODIS: the DNA Database ➔ Software program ( Co mbined D NA I ndex S ystems) ➔ Double indexing system of DNA profiles: - Convicted offender index (contains genetic profiles of sex offenders and other violent crimes) - Forensic index (contains profiles developed from crime scene evidence such as blood and semen) ● DNA Identification Act (December 1998) ● Permitted the formation of the National DNA databank The legislation allowed a DNA databank to be created and amended the Criminal Code to provide a mechanism for a judge to order persons convicted of designated offenses to provide blood, buccal or hair samples from which DNA profiles will be derived. The legislation became official on June 30, 2000 ● DNA Identification Act provides strict guidelines that must be administered by the NAtional DNA data bank ● Biological samples from convicted offenders and the resulting DNA profiles can only be used for law enforcement purposes The National DNA Data Bank contributed to the administration of justice and the safety of Canadians by ensuring that those who commit serious crimes are identified more quickly across all police jurisdictions in Canada while innocent people are eliminated from suspicion. - It assists law enforcement agencies in solving crimes by: - Linking crimes together where there are no suspects Helping to identify suspects: ● Eliminating suspects where there is no match between crime scene DNA and a DNA profile in the National DNA DataBank; and ● Determining whether a serial offender is involved

The National DNA Data Bank is responsible for two principles: ● The Convicted Offender Index( (COI) ➔ The electronic index that has been developed from DNA profiles collected from offenders convicted of designated primary and secondary offenses identified in section 487.04 of the Criminal Code ● The Crime Scene Index (CSI) ➔ A separate electronic index composed of DNA profiles obtained from crime scene investigations of the same designated offenses addressed in the Act ● Primary offenses: - Offense in relation to sexual offenses against children - Numerous sexually related offenses (adults) - Muder - Attempt to commit murder - Manslaughter ● Secondary offenses: - Escape custody, or assist escape or prisoner of war - Indecent acts - Assault police - Break and entering - Utter death threats - Failure to stop at the scene of an accident - Obtain sexual services for consideration - Unlawfully in a dwelling - Treason - Sabotage - Mutiny - Possession of weapon for dangerous purpose - Possession of a firearm (unauthorized) Primary V. Secondary Offenses: ● Where is DNA taken from the offender? - Upon conviction DNA - Reliability ● In 2009, the National Academy of Science Report: - ‘Strengthening Forensic Science in the United States: A path forward’ was published - Often referred to as the NAS report, it examined the status of forensic science in the US, offering both positive and negative criticisms in an effort to improve the forensic science disciplines ● NAS report (2009) concluded, ‘with the exception of nuclear DNA analysis… no forensic method has been rigorously shown to have the capacity to consistently, and with a high degree of certainty, demonstrate a connection between evidence and a specific individual or source’

Oct 31 Lecture 7: What is a Fingerprint? ● In canada, the term ‘fingerprint’ commonly refers to both the friction skn pattern formation found on human skin, as well as the impression or mark left on a surface after having had contact with this type of skin Fingerprint Identification ● The fingerprint impression or mark is a replication or transference of the patterned skin. ● Can be linked to a stamp and ink pad ● A stamp had elevated and recessed areas ● The stamp is placed into the cushioned inkpad to accumulate ink on the elevated surfaces ● As the stamp is then placed onto another surface, most often paper, the accumulated ink is transferred onto the surface replicating the detail of the elevated areas on the ink stamp ● Friction skin has similar properties to an ink stamp in that an accumulation of fingerprint secretions appearing on the raised area of a fingerprint impression will transfer onto another surface upon contact, replicating the pattern and detail from these areas “The Four Premises” of Friction Ridge Identification 1. Friction ridges develop on the fetus in their definitive form prior to birth 2. Friction ridges are persistent throughout life except for permanent scarring, disease or decomposition after death 3. Friction ridge paths and the details in small areas of friction ridges are unique and never repeated 4. Overall, friction ridge patterns vary within limits, which allow for classification Fingerprint Identification ● The use of fingerprints for personal identification in Canada dates back over 100 years ● General acceptance and reliability have been secured in the criminal justice system, but a common perception of fingerprint infallibility is also anchored in the attitude of the general population Anatomy ● Friction skin is also called ‘volar’ skin ● Seen in primates ● Assists in ability to hold onto things, or have traction ● Prominent in the study of volar skin development were Inez Whipple, Harris Wilder and Alfred Hale, among many many others Characteristics of the Volar Surfaces ● No sebaceous (oil) glands ● Sweat glands only ● More sweat glands per square inch than other skin ● No hair

● Lack of pigmentation ● Over-abundance of nerve-endings Skin Structure ● Ridges made up of ridge units, each unit has one sweat gland and one pore ● As ridge units grow, they fuse together to form ridges ● All grow for the same amount of time but at different rates Friction Ridge Formation & Differential Growth Rate ● At 12 weeks (2nd trimester), when the primary friction ridges start to develop, patterns (ie. arches, loops, whorls) also start to develop ● Pattern of each finger is determined by the size, shape and position of the volar pad ● Genetics - familial similarities ● Physical forces - pressure, tension and disease ● All of the primary ridges grow for the same amount of time, but not at the same rate - differential growth rate - key to random development Skin Structure ● 2 layers - Dermis - thick foundation layer - Epidermis - thin outer layer of 15-20 layers of dead cells that are shed/abraded off and replaced continuously from the basal layer between these layers ● Epidermis is attached to dermis by a double row of dermal papillae - little skin pegs Layers of Epidermis ● Stratum corneum (horny) ● Stratum lucidum (hyalin/hyaline) ● Stratum granulosum (granular) ● Stratum spinosum (spinous) ● Stratum basal/basale (basal) Stratum Basale Layer ● The basal is often referred to as the generating layer ● It is within this layer that epidermal cell rejuvenation occurs ● Cells created in the basal layer will migrate upward through the other four layers of the epidermis to the surface where eventually they are sloughed off as dead skin cells ● This process takes approximately one month to complete Fingerprint Composition ● In most instances, a fingerprint deposit us a combination from different sources, including naturally secreted materials such as sweat, sebum, or lipids and foreign materials pucked up through daily contact with items and surfaces other than bodily secretions

● There are three sources of natural secretion on the human body: - Eccrine glands - Sebaceous glands - Apocrine glands ● However, only two are considered significant for fingerprint identification purposes; the eccrine and sebaceous glands ● Apocrine sweat is not normally a consideration as these g;ands are primarily found in the underarm and genital areas ● Eccrine sweat glands are located over the entire body and are the only sweat glands located on the palmar and plantar surfaces ● Sweat pores located along the peak areas of friction ridge skin secrete eccrine sweat ● Although eccrine sweat is the only secretion emanating from the palmar surface and a primary contributor to a fingerprint deposit, it is not the only ingredient ● Sebaceous glands are found on areas of the body associated with hair follicles ● Sebum is secreted from these glands and is comprised mainly of saturated fats, waxes, and squalene ● Although sebum is not produced on palmar and plantar surfaces, it readily migrates and is accumulated there as we touch areas of our bodies where it is excreted Finger Identification Defined: ● Fingerprint identification is established through the continuous agreement of friction ridge formations, in sequence, having sufficient uniqueness to individualize Focal Points Arch : a pattern type in which one or more frictions enter on one side of the impression, and flow or tend to flow, out the other side with a rise or wave in the center Loop : a pattern type in which one or more friction ridges enter upon on side, recurve, touch or pass an imaginary line between delta and core, and tend to flow out, on the same side the friction ridges entered Whorl : a pattern type which consists of one or more ridges that make, or tend to make, a complete circuit, with two deltas, between which, when an imaginary line is drawn, at least one recurving ridge within the inner pattern area is cut or touched Friction Ridge Detail ● Sir Francis Galton (1822-1911), cousin of Charles Darwin, proposed using fingerprints as a means of identifying criminals (proposal adopted in 1894 in Great britain) ● Initially identified the ridge details used in identification Level of Friction Ridge Detail 1) Ridge unit (ridge dot): an isolated ridge unit whose length approximates its width in size. Contains one pore 2) Short ridge (island): a single friction ridge beginning, travelling a short distance, and ending

3) Ridge ending (ending ridge): a single friction ridge that terminates within the friction ridge structure 4) Bifurcation (dividing ridge): the point at which one friction ridge div-ides into two friction ridges 5) Enclosure (lake): a single friction ridge that bifurcates and rejoins af-ter a short course and continues as a single friction ridge Level 1 Characteristics Overall ridge flow ● Orientation ● Pattern type ● Focal points - Core - Deltas - Scars - Creases Identification cannot occur at this level of information, however exclusions can occur Level 2 Characteristics ● Individuality of a fingerprint is not determined by its general shape or pattern but by minutiae ➔ 2nd level: minutiae (galton details ➔ Individual ridge paths/events - Ending ridges - Bifurcations - Dots - Islands Level 3 Characteristics ● Size and shape of pores and ridges - Pores - End shapes and angles - Edge shapes - Width ● Friction ridge dimensional attributes Identification and exclusion decisions can be supported at this level of information Levels of Characteristics ● First level - Henry - Visible to the naked eye - Ridge flow and pettern, core, delta, useful to give indication of where to look - but can be misleading due to distortion, etc ● Second level - Galton - Need magnifying glass

- Ridge characteristics (ridge ending, bifurcations, islands, lakes), aka minutiae or Galton details ● Third level - Ashbaugh - Microscopic - The location of pores in the ridges, shapes of the edges of the ridges. (poroscopy and edgeoscopy), how ridges affect each other - Useful if there is insufficient 2nd level detail The Identification Process ACE-V ● A- analysis ● C - comparison ● E - evaluation ● V - verification Friction Ridge Identification Conclusions ● Identification - ‘The determination of an examiner that there is sufficient quality and quantity of detail in agreement to conclude that two friction ridge impressions originated from the same source’ ● Exclusion - ‘The determination by an examiner that there is sufficient quality and quantity of detail in disagreement to conclude that two areas of friction ridge impressions did not originate from the same source’ ● Inconclusive - ‘During evaluation, the conclusion reached that neither sufficient agreement exists to individualize nor sufficient disagreement exists to exclude’ Historical Fingerprint Cases - Thomas Jennings ● September 19, 1910 ● Claire Hiller, 15, awoke a little after 2 a.m. to find a man standing in her bedroom doorway, his face illuminated by a burning math ● She thought it was her father but was puzzled that he was wearing a coat instead of his night clothes. As she raised up in bed, the match blew out, leaving the house in total darkness ● Clarice heard footsteps move toward the bedroom in the front of the house where her parents and two youngest siblings slept, then pause before turning back toward her younger sister Florence's room, going past her door again ● ‘Is that you, Papa?’ she heard florence’s sleepy voice ● There was a brief moment of stillness, then thirteen year old Florence screamed and the quiet house rumbled with a flurry of noises. Clarice heard her father’s footsteps pounding on the floor, exclaiming something about the hall light being our. She saw the spark of a math lit by her father, but it lasted only an instant as the intruder attacked ● Clarice could see nothing in the darkness but heard the sound of bodies scuffling in the hallway in front of Florence’s room. She heard the thumps, thuds, and grunts of two scrambling bodies move past her

doorway and toward the staircase, then down the stairs. Clarice leaped from her bed and ran into the hallway where she met her mother, Eva. They heard three muffled explosions coming from the bottom of the stairs just as the 2:20 train rumbled past the house and they could not hear if the prowler had left or not. ● ‘I rushed to the top of the stairs when I heard them rolling down, but I could see nothing,’ Eva Hiller said. ‘I feared to follow because I thought the burglar was still in the house. I screamed out the upstairs windows until help came’ ● As she listened to her mother’s cry for help, clarice carefully made her way down the darkened stairs to find her father lying at the bottom, his head near the front door ● ‘I found the door unlocked and people opened it as I was there,’ Clarice would later tell a coroner’s jury. ‘I didn't know then that papa was dead’ ● At approximately 2:30 a.m., September 19, 1910, ten minutes after the murder of Clarence Hiller, three Chicago patrolmen of the South Englewood station stood at the corner of 103rd Street and Vincennes Road waiting for a streetcar. A tall African-American man came up to the stop, panting hard. The policemen gave him the once-over, noticing that he had a bad cut on his hand and was spattered with blood, so they questioned him. ● He said his name was William Jones and that he lived at 577 South State Street. He said he was on his way to Harvey to go to work and was running to catch a car, and that he was bleeding because he fell off of a previous car and injured himself. As it would turn out, the wound on his hand had been made by a grazing bullet after it passed through Hiller’s body while they grappled at the bottom of the stairs. A quick search revealed a .38 caliber revolver that had recently been fired, so they held him as a suspicious character and took him back to the station. ● There they learned of the Hiller murder and that William Jones was really Thomas Jennings, over six feet tall and two hundred pounds. The papers did not report much on Jennings’s background, except that he was from Harvey and in 1906 was convicted of burglary and sent to Joliet. He gained parole in 1909, but was arrested again for burglary a few months later and sent back to Joliet for the parole violation. He stayed there until August 3, 1910, six weeks before the Hiller murder. He matched the description of a man suspected in the rash of burglaries in the South Side neighborhoods. ● Partial identification by Clarice Hiller (daughter ● Several witness identified Jennings as suspect in entering residences in the area recently ● Loaded revolver and two empty cartridge cases found on him ● Off duty Chicago policeman Lloyd Beardsley was 2 blocks away and heard Eva Hiller;s screams. Attended and took charge ● Inspected premise - entry via kitchen window (S/S) by climbing onto a stairwell railing. Fingermarks found on railing and window sill (freshly painted) ● Captain Michal Evans Chicago Police Bureau of Identification removed the railing to his office ● ‘There is only one case on record in the world where fingerprints were attempted to be introduced in a criminal trial. That was an old English case and it was then held that a special law would have to be passed to legalize such evidence’ ● ‘I made a careful study of the fingerprints left behind by the murderer,’ Captain Evans said, ‘and found that they are identical with those of Jennongs, a criminal with a long record. There is no possible doubt that Jennings is the guilt man’

● Edward Foster, chief of police identification bureau of the dominion of Canada at Ottawa, gave his concurring opinion. Foster had been studying fingerprinting as a superior alternative to the Bertillon system of body measuring since 1904 and would soon lead the opening of Canada’s FIngerprint Bureau, the first repository of fingerprints in North America, maintained by the Royal Canadian Mounted Police Examination of Scene ● Entry ● Kidnapping ● Exit point Cecilia Zhang ● March 27, 2004 ● Body recovered in wooded ravine - Mississauga Road South of Eglinton Avenue West ● Croatian Community Centre and Church area ● Credit River Ravine ● Dr. Kathy Gruspier (forensic pathologist) ● Peel RPS and Toronto PS ● Thousands of fingerprints obtained from multiple donors - voluntarily ● Identification of Min Chen Min Chen ● May 2006 - guilty plea for 2nd degree murder - life sentence with parole eligibility after 15 years Oct 31 Lecture 7.1: Benefits - Investigative Aid ● Type of shoe ● Pattern design ● Number of suspects ● Connections to other crime scenes ● Sequence of events - directionality ● Corroborate version of events Scientific Working Group on Shoe and Tire Tread Evidence ● Provide a professional forum where forensic shoe print and tire tread examiners can share knowledge, evaluate practices, develop standards, identify research needs and disseminate information 2D vs. 3D Impressions ● Two dimensional: - An impression, which for all practical purposes, has the dimensions of length and width but not a significant depth

● Three dimensional: - An impression with the dimension of length, width and depth General or ‘Class’ Characteristic ● An intentional or unavoidable characteristic that repeats during the manufacturing process and is shared by one or more other shoes or tires ● Can be used for elimination purposes ● Tread pattern ● Type of footwear ● Size ● Wear pattern ● Defects indicative of the manufacturing process Accidental of ‘individual’ characteristic ● The result when something is randomly added to or taken away from the original structure of the shoe or tire that either causes of contributes to making that shoe or tire unique ● Ised for identification purposes ● Cuts ● Chips ● Tears ● Foreign material or objects (embedded in tread) ● Physical shapes ● Spatial relations ● These provide the uniqueness and individualizing strength Identification Process; Fingerprints vs. Footwear Why the difference? Fingerprint conclusions are more definitive… 1. It is an identification (did make) 2. It is an exclusion (did not make) 3. There is insufficient detail Why the difference? Footwear has many more variables ● Manufacturing - Still in production - Years produced - How long since production ended - How many made Why the difference? ● Were outsoles used for one show style or more.. Or more than one company

● Was the mold sold to another company after production ended ● Where available: - International, national, state/provincial, regional, or custom made for a limited production Detection or Enhancement ● Light - Ambient, white, oblique, ALS, laser ● Fingerprint powder - chemistry - E.g. blood reagents, bromophenol blue, potassium thiocyanate, iodine fuming) Collecting 2D Footwear ● Physically removing the substrate with the impression on it, and preserving it (e.g. floor tiles, countertop surface, door, paper) ● It may be problematic to lift the impression from the surface; chemically enhanced ● Fingerprint powder enhancement ● 4” fingerprint tape on acetate or backing card ● Polyvinyl Siloxane ● Gel lifter ● Dental stone (The Knaap Process) Fingerprint Tape ● Powdered impressions can be lifted with 4” tape, as one would life a fingerprint ● Dust impression: - Electrostatic dust lifter Footwear Impression Evidence: Chemical Development Potassium Thiocyanate ● Iron reactant ● Light mist/spray over the impression ● Photograph with green filter 3-Dimensional Footwear Dental Stone Casting (Soil) Footwear Impressions in Snow ● Quality of the impression is influenced by a number of factors: - Temperature - Type of snow (crystalized, granular, wet, slush, ice) - Exposure to direct sunlight or shaded - Quality of the footwear

Sulphur ● Melt sulfur to a translucent, liquid state - At 160 degree celsius sulfur turns dark and thick, a sign that it is too hot - Flash point and self ignition are above 200 degree celsius - sulfur can catch on fire - Let the sulfur cool until appearance similar to creme brulee - with crust forming on top - then final stir and pour into impression The Track Impressions ● Similar development techniques to those of footwear ● Two dimensional impressions may be further enhanced with magnetic fingerprint powder/applicator - lifted with dental stone (the knaap process) ● The pretense is that fingerprint powder will have an affinity to moisture (water, grease, oil, tire rubber residue) deposits within the impression ● Three dimensional tire track impressions can be collected with dental stone ● Things to consider regarding tire track impressions: - Tire track width - Wheelbase dimensions - Turning diameter - Relative positions of turning tracks - Make and model tire frequencies on vehicles - Effects of deflation Ballistics ● 1926 ● Dr. Wilfred Derome invented the micro spherometer; an apparatus used to detect identifying marks on bullet surfaces. This device would eventually lead to the first scientific based ballistic evidence demonstration in the courtroom ● The NAS report concluded, “with the exception of nuclear DNA analysis… no forensic method has been rigorously shown to have the capacity to consistently, and with a high degree of certainty, demonstrate a connection between evidence and a specific individual or source. ● Certain forensic disciplines were identified as being particularly flawed: ballistic evidence, fire investigations and bite mark evidence. Although the report was localized to the US, its rippling effect impacts the Canadian criminal judicial system as well ● Montreal-based forensic technology has become the world leader in ballistics identification, selling to law enforcement agencies in nearly 70 countries ● Firearm analysis 1. Comparison of suspect firearms to projectiles, bullets and cartridge cases collected at crime scenes 2. Identification of bullets (ie. caliber, make and potential list of firearms if no firearm is collected) 3. Analysis to determine the condition of the firearms (safety system, trigger pull force and general operability of the firearm)

Facial Reconstruction ● Combines knowledge of human anatomy with artistic ability ● Originated with purely artistic approach with emphasis on technique and skill ● Progressed to more scientific approach using revised data and sophisticated technology ● 2 dimensional method: - Drawing of a facial likeness from the skull or from witness accounts - Referred to as artists composite or the police sketch Nov 7 Lecture 8: What is Junk Science? ● Opinions offered as expertise that has little or no probative value since it is based on bad science ● Different than outright fraud ● Untested or unproven theories when presented as scientific fact, especially in a court of law ● The terms “good science,” “bad science” and especially “sound science” are frequently used in the policy arena ● “Junk science” is the term used to tar scientific studies that disagree with positions favorable to the industry ● ‘Many forensic sciences do not meet the fundamental requirements of science’ ● ‘Expert witnesses have often overstated the value of their evidence, going far beyond what the relevant science can justify’ ● President’s council of advisors on science and technology ● “To a reasonable degree of scientific certainty” - PCAST report states: it has ‘no generally accepted meaning in science’ Spotting the Difference? ● Good Science: - Clear defined methodology - Backed up by research - Allows for independent testing and verification - Admit and learn from errors ● Junk Science: - Unproven or questionable research - Driven by personal gain “Scientific” Methods Under Fire ● Fire investigations ● Bullet lead evidence ● Hair analysis ● Bite mark analysis

Pattern Matching Identification ● Fingerprints, bitemarks, toolmarks, etc ● NAS report: - ‘With the exception of nuclear DNA analysis… no forensic method has been rigorously shown to have the capacity to consistently, and with a high degree of certainty, demonstrate a connection between evidence and a specific individual or source…’ Types of Junk Science? ● There are the outright scams, of course, advertised by charlatans aiming to make a quick and easy buck ● There are the malicious actors, trying to spread falsehoods and misinformation to score political or economic points instead of promoting honest scientific debate ● And there are the lazy and flawed scientists themselves, trumpeting poorly done, low quality, and even outright sketchy work in a bid to get some media and public attention on themselves ● All of these manifestations have a common theme: they take the name of science and apply it to any reasonable definition of the word or bear even the slightest resemblance to the proper practice of the discipline Junk Science in the Media ● What is junk science? - Junk science is a term used to refer to arguments presented to the public as having been scientifically verified, but which are in fact false or misleading - Often, inaccurate statements are made in the media about human health, environmental safety or the benefits or risks associated with certain products ● Why does it matter for journalists? - Not only does the existence of junk science lead to people being misinformed about important issues, it also does enormous damage by undermining real scientific evidence: the sort of evidence which helps to better inform public policy and to assist individuals in living better and healthier lives - Respected scientific authorities are best-placed to offer the guidance which the public needs, but the ongoing problem of junk science makes ordinary consumers of mass media more skeptical of that guidance, regardless of how conclusive the scientific evidence behind it is. - This does not just damage public awareness, it damages journalism too ● The processes which journalists and scientists follow are different - and journalists should never surrender their skepticism and questioning, of published research, the integrity of the researchers or the interests of those who funded it ● But by being aware of some simp;e rules and steps to follow, the quality of science and journalism can improve ● Examples of Junk Science: - Every passing day brings with it an avalanche of media reports dealing with science, health and lifestyle issues - While most reporting is based on scientifically-sound research and evidence, junk science is a recurring problem in many areas

- E.g: Vaccines cause Autism, Fluoride is dangerous, Homeopathy works, Multivitamins improve human health ● How many times do we here on radio or television: - Recent scientific research shows that… ● How do we avoid junk science in the media? - Do not repeat false claims - There should be no false equivalence between facts and frauds - Focus on the study - Identify the funders and check the integrity of the authors - Focus on the sample - Consider the source Nov 7 Lecture 8.1: Bias - Hans Gross ● Integrating the relatively new era of study into the justice system according to Gross was the only way of ridding the legal system of ‘bias and mid-understanding’ ● "We must agree that to establish scientifically the principles of our discipline alone is not sufficient. If we are to make progress, the daily routine also must be scientifically administered. Every sentence, every investigation, every official act must satisfy the same demand as that of the entire juristic science” Bias - Cognitive ● Cognitive bias is a broad term that includes a variety of processes that may lead to inaccurate judgements or interpretations; cognitive biases can affect memory, reasoning, and decision-making ● Interest in the extent to which cognitive biases may influence decision-making in forensic science has grown in the past decade; this was one of the research needs identified in the 2009 National Academy of Sciences report on forensic sciences Contextual vs. Confirmation ● Contextual bias: - The effect of information or outside influences on the evaluation and interpretation of data - Forensic experts are too often exposed to irrelevant contextual information, largely because they work with the police and prosecution - Extraneous information - from a suspect’s ethnicity or criminal record to eyewitness identifications, confessions, and other lines of evidence - can potentially cause bias - This can give rise to conclusions that are incorrect or overstated, rather than what forensic decisions should be: impartial decisions, appropriately circumscribed by what the evidence actually supports ● Confirmation Bias: - The tendency to search for data or interpret information in a manner that supports one’s perception - “Did you see what you wanted or expected to see?”

● To begin a study of biases, ethics, and mistakes, there are a few questions that need to be asked 1. Should irrelevant information or opinions about a case be shared with the analyst prior to examining the evidence? Does confirmation bias limit itself only to verifications? 2. In reviewing other analysts’ work, is there an analyst that is correct 99.9% of the time? Is there an analyst with consistent errors? Is their work reviewed the same? 3. Would there be more time spent on a verification from another agency, a co-worker or supervisor? Are the same criteria for verifying used for everyone? 4. When a print is identified, is there ever a question of identity prior to turning the case in for verification? 5. What if another examiner with more experience asked for a tough latent print to be verified? Surely, a more experienced examiner would not make a mistake. If there were questions about the print or the identification, would they be asked? What if an acceptable answer were not given? Would the identification be verified anyway? What if pressure were applied to verify? 6. What if an identification is found ina serial sexual assault case and the police need this match as probable grounds to arrest? Now the identification that needs to be verified was made at 5pm on Friday afternoon and the verifying analyst has unchangeable plans for 5:30pm that he/she had been waiting on all year? Does he/she feel pressure? Is the analyst that is asking for verification always right? If latent is tough, is the time taken for verification or is the analyst’s word taken for it? What if, after marching the latent print to the suspect, it was found that the DNA in the case did not match the suspect? Could that information make an analyst question his or her results? Could that information make an analyst change the result? Why does confirmation bias occur? ● Confirmation bias occurs when we lose our ability to objective. The reason that confirmation bias is so common is because, mentally, it is easier to deal with ● Studies of social judgment show that when people are in favor of a certain belief, they tend to seek out evidence and interpret information that follows their beliefs by giving positive evidence more weight than it deserves ● On the other hand, they do not look for or even reject information that would disprove their beliefs by giving less weight to negative evidence ● This does not means that we completely ignore negative information, but it does mean that we give it less weight than positive information Dr. Itiel Dror - Cognitive Neuroscientist ● Dr. Dror approached Dave Charlton, supervisor of a U.K. police department’s fingerprint lab, editor of the Fingerprint Society’s journal Fingerprint Whorld and a true believer in the infallibility of fingerprint examiners ● Dror believed given a test where contextual bias was introduced, examiners could change their conclusions ● In Drod’s study with Charlton, five experts were told they were seeing the erroneously matched fingerprints of Brandon Mayfield, the Oregon man once linked to 2004’s terrorist train bombings Madrid

● That he’d been wrongly accused based on fingerprint misidentification was widely known, this suggesting what an expert determination would be… ● What they were actually seeing, however, were fingerprints from other cases that they;d made determinations about years before ● ‘What I did was, as we say in England, a bit tricky,’ Dror recalled, ‘and very innovative. I wanted to compare the same experts. I wanted the same expert to make a judgment on exactly the same fingerprints, but use different context’ ● Three of the five reversed their earlier conclusions to sat ‘no match’ and one deemed the prints ‘inconclusive’ ● One expert stuck with his original decision. Although the study group was small, this kind of within-subject research, testing someone against themselves, is considered especially powerful Brandon Mayfield ● Mayfield was born in Coos Bay, Oregon and grew up in Halstead, Kansas ● He served in the United States Army Reserve from 1985 to 1989, and then as an officer in the Army in Bitburg, Germany from 1992 to 1994 ● He met his wife Mona, an Egyptian national and the daughter of a college professor, on a blind date in Olympia, Washington in 1986, and converted to Islam shortly afterwards ● Lived in Beaverton, Oregon off and on since 1989. Although he was a regular worshiper at a Beaverton mosque prior to his arrest, his colleagues were unaware of his religious beliefs ● The imam of the mosque has described Mayfield as ‘very patriotic’. Mayfield has four children ● He studied law at Washburn University and Lewis and Clark COllege, receiving his law degree from Washburn in 1999, and practiced family law in Newport before moving to the Portland area. ● Mayfield performed work for the Modest Means Program of the Oregon State Bar, which matches attorneys who are willing to work at reduced rates for low-income clients ● In 2003, he offered legal aid to Jeffrey Leon Battle, one of the Portland Seven, a group of people convicted of trying to travel to Afghanistan to help the Taliban. Battle at the time was involved in a child custody case ● Following the September 11, 2001 attacks, Mayfield was concerned for the safety of his children and wide, and according to his father, he suspected that he was under surveillance by the federal authorities ● In the weeks before his arrest, Mayfield’s family was under the impression that their house had been broken into at least twice, although nothing was stolen ● According to court documents, the FBI used National Security Letters in order to wiretap his phones, bug his house and search his house several times ● Fingerprints on a bag containing detonation devices, found by Spanish authorities following the Madrid commuter train bombings, were initially identified by the FBI as belonging to Mayfield ● According to the court documents in judge Ann Aiken’s decision, this information was largely ‘fabricated and concocted by the FBI and DOJ’ ● When the FBI finally sent Mayfield’s fingerprints to the Spanish authorities, they contested the matching of the fingerprints from Brandon Mayfield to the nes associated with the Madrid bombing. ● Further, the Spanish authorities informed the FBI they had other suspects on the case, Moroccan immigrants not linked to anyone in the USA ● The FBI completely disregarded all of the information from the Spanish authorities, and proceeded to spy on Mayfield and his family further

● As was discovered during the court case, even the FBI’s own records show that this fingerprints, despite the sworn testimony of FBI and DOJ agents, was in all reality not an exact match but only one of 20 ‘similar’ prints to the ones retrieved from Madrid ● Based on that list of people with ‘similar prints’ the FBI launched an extrinsic investigation of all 20 individuals using Letters of National Security ● The investigation included medical records, financial records, employment records, etc. on all 20 people and their families ● It was during this time that Brandon Mayfield’s name rose to the top of the list ● The FBI arrested Mayfield at his offices in West Slope, an unincorporated suburb of Portland. The arrest was similar to the then-recent Mike Haswash case, under a material witness warrant rather than under charge; he was held with no access to family and limited access, if any, to legal counsel. ● The FBI initially refused to inform either Mayfiled or his family why he was being detained or where he was being held ● Later, the FBI leaked the nature of the charges to the local media and the family learned of the charges by watching the local news. ● He was at first held at a Multnomah County jail under a false name; he was ;ater transferred to an unidentified location ● His family protested that Mayfield had no connection with the bombings, nor had he been off the continent in over 11 to 14 years ● Before his arrest, Spanish authorities informed the FBI in a letter from April 13, that they reviewed the fingerprint on the bag as a negative match of Mayfield’s fingerprint, though this letter was not communicated to Mayfield’s attorneys ● On May 19 the Spanish authorities announced that the fingerprints actually belonged to an Algerian national, Ouhnane Daoud ● Brandon Mayfiueld was released from prison when the international press broke the story the next day - May 20, 2004 ● A gag order remained in force for the next few days. By May 25, the case was dismissed by the judge, who ordered the return of seized evidence and unsealing of documents pertaining to his arrest ● The FBI conducted an internal review of Mayfield's arrest and detention, concluding that although he was not arrested solely due to his religious beliefs, they may have contributed to investigator’s failure to take into account the Spanish concerns over fingerprint identification ● The FBI issued a press release announcing the report’s conclusion that they had not misused the USA PATRIOT Act in the investigation ● Civil libertarians and the ACLU nonetheless consider Mayfield’s detention a misuse of the material witness statute ● Although, the FBI afterwards apologized for their acts, Mayfield filed several lawsuits over this invasion of his privacy ● One sought to force the government to return or destroy copies of items seized from his home. Another, which was argued before the U.S. District Court Judge Ann Aiken on July 15, 2005, challenged the law which was used against him as unconstitutional ● The Federal Government called several motions to have Mayfield’s case dismissed as a matter of national security, or national secrets, but these were denied by Judge Aiken

Forensic Anthropology ● Cognitive Bias in Forensic Anthropology: Visual Assessment of Skeletal Remains is Susceptible to Confirmation Bias; Forensic Science Society 2013 ● Study identifies that decisions of forensic anthropologist based on visual assessments are vulnerable to extraneous contextual information ● This study specifically demonstrated that the contextual information determined the conclusion of the forensic anthropologist in visual assessments ● The result revealed a significant effect, demonstrating confirmation bias within participants’ assessments of sex, ancestry and age at death Guy Paul Morin ● The Guy Paul Morin case was the second major wrongful conviction case to occur in the modern era of the Canadian Criminal justice system ● The case was riddled with official errors - from inaccurate eyewitness testimony and police tunnel vision, to scientific bungling and the suppression of evidence ● Morin had been acquitted of the murder of nine year old Christine Jessop in 1986, only to be found guilty at a retrial in 1992. ● He was cleared by DNA evidence in 1995 and received $1.25 million in compensation ● Guy Paul Morin, a 24 year old furniture factory worker, lived next door to Christine Jessop, a nine year old girl who vanished after school on 3 October 1984. ● The Morin and Jessop families were both relative newcomers to the rural hamlet of Queensville, Ontario, about 50 km north of Toronto ● The child’s disappearance resulted in panic. By nightfall, hundreds of York Regional Police, firefighters and community volunteers were searching for her ● Christine Jessop’s remains were finally found on 31 December 1984. She had been sexually assaulted and stabbed to death ● A farmer located her tattered clothes and decomposing corpse in his field near Sunderland. Ontario, about 55 km east of Queensville ● Due to the distant location of the site of the body, the investigation was transferred from the York police to the Durham Regional Police ● Jealousies and poor communication between the two police forces became an unfortunate feature of the case ● This led to the suppression or improper transmission of important information. In addition, each of the forces possessed modest experience, worth the added internal or external pressure of homicide case ● Semen stains had been found on Jessop’s underwear. However, DNA technology at the time was not advanced enough to render conclusive results from the badly deteriorated samples. Thus, two early attempts to obtain DNA reading failed ● Months of investigation turned up little useful evidence. At the same time, police investigators failed to keep an emotional distance from the Jessop family ● They held free-ranging discussions with Christine’s parents about suspects and other aspects of the case. They were apparently unaware that these exchanges could contaminate and ultimately jeopardize the integrity of their recollections and later testimony

● In a notable instance that only came to light many years later, the lead investigators persuaded Christine’s mother and brother to reconsider the time they had arrived home on the day of Christine’s disappearance ● Previously, they had pinpointed it as 4:10pm. Once the Jessops expanded their estimate to 4:35 pm. Ot dramatically changed the window of opportunity Morin would have had in which to arrive home from work and abduct the child ● Perceptions by police and community members also played a significant role in causing the investigation to go askew ● Perceived as black sheep within the QUeensville community, the Morin family was reclusive, combative, and given surrounding its partially renovated home with junk and work materials ● In addition, Morin drew suspicion to himself by not joining in the search for the Jessop girl, or attending her funeral in early January 1985 ● During a routine interview with Durham detectives Bernie Fitzpatrick and John Shepherd, Morin also made oblique references to little girls growing up to be ‘corrupt’ ● He also indicated - at least, in the view of the investigators - that he had inside knowledge of the location of the body ● Morin, an independent soul who loved beekeeping and playing the clarinet, was arrested on 22 April 1985 as he drove to a community band practice ● He was denied bail and spent ten months of Whitby Jail awaiting trial on a charge of first-degree murder ● Opportunity was a key factor in the case. Morin claimed he could not have had enough time to drive home from work, abduct CHristine, drive her to the body site, sexually assault and stab her to death, and still be home for dinner by approximately 5:30 pm ● However, the Crown, with the use of the Jessop family’s reconfigured time schedule, contended that his window of opportunity was sufficient ● At Morin’s first trial in January 1986, prosecutors John Scott and Susan Maclean portrayed hum as a misfit who had become sexually obsessed with his next-door neighbor ● The evidence against him included a hair found on Christine’s body which allegedly match Morin’s, as well as microscopic clothing fibers found in Morin’s car that were used to link him with Christine ● In addition, the Crown put forward two jailhouse informants who claimed to have heard Morin blurt out an anguished midnight confession ● They also presented testimony from an undercover police officer who spent four days in Morin’s jail cell trying to induce him to confess ● Defense counsel Clayton Ruby attacked the credibility of the jailhouse snitches; he revealed that the Crown had offered the informants leniency in their cases, in return for their testimony ● Ruby also made much of a series of investigative shortcomings; these included the improper collection and retention of physical evidence from the body site, as well as police notes that were missing, inadequate or misleading ● In an unexpected development late in the trial, Ruby put forward an alternate theory. He said that if the jury were to conclude that Morin had killed Christine Jessop, then they ought to find him not guilty by reason of insanity ● Two psychiatrists then testified that Morin was moderately schizophrenic and could have potentially stabbed Christine to death during a hallucinatory episode in the deluded belief that he was giving her life ● After deliberating for less than a day, the jury found Morin not guilty on 7 February 1986. The verdict was loudly denounced by the Jessop family, police and the news media

● A collective belief had evidently developed that, based on the psychiatric evidence alone, Morin was the killer ● The Crown successfully appealed the verdict to the Supreme Court of Canada. On 5 June 1987, the Court reversed Morin’s acquittal based largely on the trial judge having confused the jury with his legal instructions ● It ordered a retrial. Morin’s appeal of the decision was dismissed by the Supreme Court on 17 November 1988 ● The retrial began on 28 May 1990. It was preceded by 10 months of legal motions and applications by Morin’s new defense tram, led by lawyer Jack Pinkofsky ● He fought for disclosure of a vast number of police reports that had not been given to Ruby prior to the first trial ● Some of the reports ultimately raised serious questions about the integrity of physical exhibits used at the initial trial. Others pointed to viable alternative suspects who police had not investigated fully ● Still more revealed that Christine’s brother Kenneth, had informed police at one point that when Christine was seven years old, he and two of his friend had induced her into having sex with the, on several occasions ● Pinkofsky used these revelations at the retrial to allege that police had built a fabricated case around a man whose only ‘crime’ was being eccentric ● He suggested that other more viable suspects had remained at large - including Ken Jessop - as the police single-mindedly went after Morin ● After hearing nine months of evidence, the jury shocked most observers by convicting Moring of first-degree murder on 30 July 1992 ● Within weeks of the conviction, the news media, a book and a CBC Fifth Estate investigation raised grave doubts about the fairness of the proceedings against Morin ● In a highly unusual move, he was released from Kingston Penitentiary on bail on 9 February 1993, pending his appeal ● Virtually on the eve of Morin’s appeal, a third and final attempt was made to obtain DNA results capable of verifying whether Morin was the killer. ● This time, using advanced technology scientists at a Boston lab were able to obtain a DNA reading. It was inconsistent with Morin’s DNA, effectively ruling him out as a viable suspect ● On 23 January 1995, a Crown prosecutor apologized to Morin for his ordeal and joined the defense in asking the court to overturn his conviction and substitute a verdict of not guilty Types of Errors ● To understand confirmation bias, we must identify the three basic types of errors that are sound in forensic science: 1. Ethics violation: - Fabricated prints - Dry benching (estimating results without completing an examination) - Intentional erroneous results - Covering up mistakes 2. Honest errors: - Lack of training and mentoring - Feeling pressure to complete work or being overwhelmed with work

- Administrative errors of complacency in one’s work 3. Biased oversight: - It should be noted that bias and honest miscalculations can sometimes overlap - An example would be the interpretation of a distorted latent could be wrong because of the lack of training and the fact that the officer informed the examiner that the suspect had already been visually identified by the victim as the perpetrator - Bias can also be interconnected with ethical violations; however, honest mistakes and ethical violations should never overlap Avoiding Bias and Other Errors: ● The complete knowledge of any science should include knowledge about how mistakes can occur and how those mistakes can be revealed and dealt with ● The key to avoiding bias and errors is awareness. The following is a list of eight steps that will help in ensuring against possible errors 1. Seek training and participating in proficiency testing: - In any area of expertise, there is a degree of variation in the training, experience, and knowledge of each expert - Every latent print has to be evaluated on quality of visual information to determine whether it is comparable - Thus, the training and experience of the examiner becomes the vital element in the identification process - Methods in scientific reasoning must be taught id we are to avoid bias - Analysts in training need to be taught how to handle certain data; scientific models provide the structure - The bottom line is that our analyses and conclusions should be reproducible, verifiable, and open to all that want to scrutinize them - Wertheim summarized Judge Pollak’s second ruling as ‘the reliability of the examiner through training, experience and testing is the key to the reliability of the evidence they present in court’ 2. Accept bias: - Biases are part of our psychological makeup. Understanding this is paramount to have an opportunity to correct it - Past research has shown that biases are harder for older, more qualified analysts to overcome because ‘...their commitment to their theories grow strong…’ - When we recognize that we can subconsciously add weight to evidence to make it fit or explain away differences, we will java a better chance at changing our way of thinking - The greatest regulators for biases are an individual’s integrity and objectivity. Each analyst mch determine what his or her biases could be and then devise a way to correct them 3. Limit daily pressures: - The greater the pressure, the greater the chance for mistake - An examiner should never allow someone to watch over his or her shoulder as a comparison is conducted; the need for instant results should never happen

- Usually, pressure can be found during the verification process, especially when the results are needed quickly in a high-profile case - However, pressure can occur for negative results as well (ie. under pressure, it would be easier to accept a negative conclusion) 4. Remain objective: - Objectivity is paramount in the comparison process - The analysis is objective, the comparison takes into account objective observations, and the evaluation is based on the subjective information that has been gathered during the comparison process - Any information that might lead to bias in the comparison process should be taken away. ‘It takes a conscious effort by the analyst to remain impartial…’ 5. Seek to disprove: - We only stand to gain in our scientific understanding by consistently trying to prove our opinions false - All possibilities need to be sought out, not just the ones that support our beliefs - Search for the negative and seek to falsify, and if the information turns out to be reliable, then the opinion can be based on sound reasoning - ‘This search for inconsistencies is so important that it cannot be overstated. Only by adopting this approach during the comparison process can the examiner exercise a true unbiased attitude’ 6. Limit outside influence: - Even though confidence improves comparatively with given information, accuracy does not improve comparatively with confidence - When evidence is given to forensic scientists, any information that does not pertain directly to the evidence could introduce bias and pose a danger to the objectivity and accuracy of the scientist’s findings - However, it should be noted that having irrelevant information does not constitute bias, but using that information to support or justify a conclusion does - The examiner must depend wholly upon what is seen, leaving out of consideration all suggestions or hints from interested parties - Where the expert has no knowledge of the moral evidence or aspects of the case… there is nothing to mislead him… 7. Use Scientific Protocols (ACE-V) - Counting points can lead an examiner to overlook more important factors in the comparison process that ensure reliability - By using the ACE-V methodology, the comparison process includes a holistic evaluation of all the available ridge detail 8. Limit overconfidence - The statement ‘it could never happen to me’ is troubling because biases are real and everybody has them

Nov 14 Lecture 9 Major Case Management Model Overview of the Major Case Management System ● In 1995, Paul Bernardo was convicted, declared a dangerous offender, and sentenced to an indefinite period of imprisonment for the sexual assault of several women and responsible for the homicide of three women between 1987 to 1992 ● The honorable Mr.Justice Archie Campbell was subsequently asked to review and report on the roles played by the police, the Centre of Forensic Sciences, the Coroner and the provincial government during the Bernardo investigations ● Justice Campbell found a number of systemic failures within the law enforcement and justice systems in his 1996 review of the Bernardo investigations ● He identified, among several things, a lack of cooperation, coordination and communication between police and other justice partners, which contributed to a dangerous serial predator ‘falling through the cracks’ ● One of his key recommendations was the establishment of a common automated case management software application, mandated by regulation, for use in the investigation of homicides and sexual assaults The Ontario Government Response ● In response of Justice Campbel’’s recommendation, the government has developed the Major Case Management system in partnership with the Ontario policing community ● The impetus of the MCM system was to develop one standard case management system for use by all ontario police services, to raise the standard across the province, allow linked cases to be integrated more easily, and to promote cooperation and information sharing between law enforcement agencies The Major Case Management system is a case management methodology emphasizing accountability and a multi-disciplinary approach to investigations of major case criteria offenses. ● The MCM system comprises a centralized coordinating body, investigative standards covering all problem areas identified by the Campbell Report, standardized training, and common case management technology for use by all Ontario police services during the investigation of criteria offenses ● The MCM system will also facilitate the coordination of all law enforcement agencies involved in multijurisdictional cases ● It ensures the sharing of information between investigations in a manner that is based on cooperation among individual police services ● The MCM methodology combines unified leadership across police jurisdictions with standardized case management procedures, and interdisciplinary support from forensic scientists and other agencies ● The MCM software provides investigators with the necessary tools to organize, manage, retrieve, and analyze the potentially large volumes of investigative data collected during major case investigations Solicitor General: ● The statutory responsibilities of the Solicitor General are set out in section 3 (2) of the Police Services Act. they require the Solicitor General to:

- Monitor police forces to ensure that adequate and effective police services are provided at the municipal and provincial levels - Develop and promote programs to enhance professional police practices, standards and trainings - Conduct a system of inspection and review of police forces across Ontario - Assist in the coordination of police services - Provide information and advice respecting the management and operation of police forces - Issue directives and guidelines on policy matters and - Develop and promote programs for community-oriented police services Purpose of Investigative Standards ● The manual and the standards contained within, is one of the mechanisms by which the Solicitor General meets the statutory requirements set in section 3 (2) of the Act. in particular, the standards: - Set out the ministry’s position in relation to policy matters - Provide information and advice regarding the management and operation of major case investigations by police forces - Promote the interdisciplinary approach to major case investigations; and, to promote professional police practices, standards and training - The standards are also one of the primary tools to assist police services boards, chiefs of police, police associations and municipalities with their understanding and implementation of the Regulation of the Major Case Management System ● Major Offenses: - Homicides and attempts - Sexual assault and attempts - Non familial abductions and attempts - Missing persons (with foul play suspected) - Human remain recovery (where suspected homicide) - Criminal harassment (known not offender to victim) - Any other cases designated by Executive Board ● Threshold offenses - Primary Investigator Assigned ➔ Homicides and attempts ➔ Sexual assaults or attempts in which one or more of the following factors is believed to exist: - Weapons used or threatened to use - Offender unknown - Offender known to have been or suspected to be involved in similar offense - Multiple sexual acts - Use of restraints, bondage, disguise (by offender) - Use of photographic, video or audio equipment to record offense - Removal of personal item of the victim from the scene - Scripting - Use of con or ruse to lure victim - Commission of any other offense in conjunction with sexual assault - Victim is under 14 years of age and the offender is a person in a position of trust or authority or is a person with whom the victim is in a relationship of dependency - Torture

- Penetration, including oral, vaginal or anal - Missing person occurrences, where circumstances indicate strong possibility of foul play - Human remains - suspected homicide - Non - familial abductions and attempts - Major case linked to another within same or different jurisdiction ● Early recognition of serial crimes may be achieved through the following mechanisms: 1. Violent crime linkage analysis system 2. Center of forensic sciences 3. DNA data bank 4. Office of the Chief Coroner 5. CPIC 6. Major Case Management Investigations Coordinator 7. Ontario Sex Registry ● Powercase (software) - Action; an activity an officer must perform such as taking a statement - Include on screen forms that must be completed indicating action completed and with instructions to officer ● Command triangle: - Used in every major case investigation within a single jurisdiction (functions and responsibilities of Major Case Management, Primary Investigator, and FIle Coordinator) - Used in multi jurisdiction major case investigation (multi jurisdiction major case manager, and command triangles of each police service involved) ● Major Case Manager Responsible For: a. Assume overall responsibility and accountability for investigation b. Determine strategies c. Maintain notes d. Identify invest techniques when links made ● In multi jurisdictional major case investigations, the major case manager shall: - Meet daily or as required with multi jurisdictional major case manager to obtain inform for briefing team - Liaise with Crown, Office of Chief COroner, CFS and representatives from other disciplines and agencies ● Primary Investigator Shall: - Report directly to major case manager - Reports linkage to major case manager - Identifies human and resources required - Audit and review all information to ensure proper communication - Maintains scheduling ● File Coordinator shall: - Reports to major case manager - Maintains quality and completeness of documents - Maintains appropriate file coordination - Maintains security of files ● Scene Investigator shall:

- Report to primary investigator - Identify and assess scene and implement crime scene and health - safety procedures in consultation with primary investigator, major case manager and forensic identification officer - Develop a scene investigation plan with command triangle and forensic identification officer - Make recommendations to primary investigator regarding additional resources: - Forensic specialists - Experts (e.g. anthropologists, OFM, botanist) - Canine ● Forensic Investigator shall: - Report to primary investigator - Work in cooperation with scene investigator and liaise with primary investigator - photo/video all homicide scenes - Consider same for other scenes - Observe and photo-video tape exhibits - Identify and sort exhibits and photographs - Make observations and notes relating to position of exhibits to focal point of scene measurements suitable for plan drawing - Record time, date, location, description and number of each exhibit - Coordinate the marking of the exhibit, container - Secure and preserve exhibits - Contact CFS and other forensic testing facilities regarding submissions for examination (at least every 30 days) - Scenes of crime officer may undertake the duties of an FIO in major cases other than homicide when approved by primary investigator and FIO Nov 14 Lecture 9.1 Canadian Judicial System ● Adversarial system - based on British law system ● Prosecution vs. Defence ● Includes judge, jury, crown attorney, defense counsel Canadian Courts ● Crown Attorney: - Prosecutor - Acting on behalf of her majesty the queen ● Defense Attorney: - Hired by defendant or appointed by the province ‘legal aid’ - Acting on behalf of the defendant (accused) ● Provincial Criminal Courts: - Judge is the trier of fact and gatekeeper - Oversees the court and ensures integrity of legal system and proceedings - Decides on admissibility of evidence and rules on it

- Makes findings of guilty, not guilty, or innocence (judge alone trials) ● Ontario Superior Courts: - More serious crimes - Can be presided by judge alone or judge and jury - In jury trials, the judge instructs the jury in their deliberations and ensures proper interpretation of the law ● Canadian law requires full disclosure of evidence - Crown must provide entire case to defense ● Case reports (known as a Crown brief) is prepared by police investigators and includes all documentation related to incident ● The crown must disclose all materials information that is in its possession or control that is not clearly irrelevant, regardless of if the evidence is to be called at trial or is inculpatory or exculpatory ● The right to disclosure is founded in the principle of fair play between parties as well as the right to make full answer and defense ● Defense will provide evidence that will potentially exclude evidence, and ultimately exonerate client ● If preliminary hearing: - Crown must prove prima facie case: → legally sufficient, on its face, self evidence → sufficiency for trial ● Generally an exclusion of witnesses - Meaning only one witness at a time in court… any potential witnesses must be excluded from body of court until their to testify - bias issues - Not permitted to discuss evidence or proceedings with other witnesses ● Property dress code ● Called in by bailiff - attend to stand where directed by court reporter ● Professional demeanor ● Evidence in first person ● Must be sworn in (bible or other book worship), … or affirmation ● Permission must be granted by Judge to refer to any written documentation ● Questions may include: - Name, current occupation, position or duties at time of event - When notes are made? - By who? - Any changes, additions, deletions ● No guessing answers ● Only direct knowledge of events ● Crown to ask question first (evidence in chief) ● Defense to follow (cross examination) ● Crown to revisit for clarification (redirect) which can only be clarification of points - no new evidence can be put forward Crown Brief ● Contains all the information about an individual’s particular charge.

● In the brief will be a copy of the police synopsis, criminal record, a copy of the police notes, and any evidence such as videotapes Canadian Courts - Disclosure ● Disclosure packages can contain any of the following: - The information outlining the charges lad - The crown sheet or crown brief summarizing the evidence in narrative form and listing the witnesses that are available - The police notes consisting of handwritten notes made by all the officers involved in the case during their investigation - The witness statements consisting of the verbatim recollection of the potential witnesses to the offense (written, audio, video form) - A cautioned statement of the accused - The criminal record of the accused as recorded in provincial databases or CPIC (canadian police information center) printout - Copies of court orders (probation orders; prohibition orders; recognizances) - Expert reports - Certificates of analysis (often for breathalyzer machine results; drug analysis; or firearms test results) The medical records of the victim in cases of resultant injuries - Restitution claims where property has been lost or damaged - Photographic evidence often consisting of photos of the scene of the incident or injuries Canadian Law What's the difference between an indictable and summary conviction offense in Canadian Law? ● Under the criminal code of canada, there are three types of offenses 1. Summary conviction offenses 2. Indictable offenses 3. Those offenses where the crown may elect to proceed by summary conviction or by indictment ● Crown electable offenses are often referred to as ‘hybrid offenses’ ● The simplest explanation of the difference between summary conviction offenses and indictable offenses is that the former is less serious than the latter ● Summary conviction offenses: - Less serious - Few are pure summary, solicitation of prostitution, found in common bawdy house, etc - 6 month limitation for charge - No fingerprints required - Generally maximum of 2 years less a day jail time ● Indictable Offenses: - More serious (murder, terrorism, robbery, trafficking, treason, certain sexual assaults, etc) - Often life imprisonment is maximum sentence - Usually have right of election (judge, jury, judge) - No limitation for charge

● Hybrid Offenses (dual procedure): - Crown has option to proceed by indictment or summarily - Consideration: seriousness of allegation, prior record, notoriety of case in public, court resources, outside limitation period, complexity of case Observer, Witness, or Expert? ● Observer: - Will watch direct evidence being tendered in court ● Witness: - Offers direct evidence - requires no special training, no technical knowledge and no unique skills - Prerequisite limited to ‘the ability to promise under oath to tell the truth’ - Merely relates what he or she did, saw, heard and experienced ● Expert: - Permitted to go further than simply what he or she did, saw or heard - Entitled to express an opinion on the work done - This opinion can be influential in determining the outcome of the trial - May limit civil liberties or freedoms (ie. jail, prison) and in extreme cases, death (ie. execution) ● Admissibility Issues: - “JUST THE FACTS” ● Generally, a witness may not express an opinion, conclusion or deduction on matters calling for special skills or knowledge Witness… What can I say? ● So where does that leave me? What can I say? ● Ordinary witnesses can express an opinion in areas such as identity (voice or physical), speed, intoxication, handwriting, mental or emotional condition, shoe prints Expert Evidence/Witness ● What is expert evidence? ● Who is an expert? Expert Witness ● An expert witness, professional witness or judicial expert is a witness, who by virtue of education, training, skill or experience is believed to have expertise and specialized (scientific, technical or other) opinion about an evidence or fact issue within the scope of his/her expertise, referred to as the expert opinion, as an assistance to the fact-finder ● Physical evidence needs to be analyzed ● Test results interpreted ● Accompanied information documented ● Specialists who process physical evidence for a legal investigation are known as expert witnesses ● Why are they called expert witnesses? - Due to their handling, analysis and expertise with various types of physical evidence when presented in court of law

● What requirements will satisfy the courts? ➔ The witness is of sound and unquestionable integrity ➔ The witness is sufficiently trained and experienced to give evidence in this discipline ➔ The science or technology being presented meets the criteria of acceptance through: - Peer review - Testing and validation - Rate of error - General acceptance ● Who decides the status of an expert witness and whether they can be chosen to appear in court for testimony? - It varies…? ● Specialists are drawn from such a diverse group of people ● Judge or trier of fact is the ‘gatekeeper’ ● Prior to and throughout the trial process, determines the criteria needed to be declared or accepted as an expert witness in a specific field of forensics Expert Evidence ● What is expert evidence? Who is an expert? ● Involvement in the investigation ● Creating your report ● Curriculum Vitae (C.V) ● Disclosure and notice of report and C.V ● Qualification of the witness ● Testifying ● Expert evidence is the opinion of a person with expertise in an area that is relevant to a specific issue in a case and is necessary to assist the judge and jury ● R.v.Mohan ● Chikmaglur Mohan charged with four counts of sexual assault ● Defense expert to testify that Mohan did not fit the psychological profile of a perpetrator of these types of offenses Dr. Chikmaglur Mohan ● Dr. Chikmaglur Mohan was a pediatrician in North Bay, Ontario ● He was charged with sexual assault of four teenaged patients ● Victim ages between 13-16 years of age ● Victims referred for psychosomatic conditions (emotional tress and disturbances) ● Alleged assault involved foundling, digital penetration, stimulation of genitals, and intrusive questioning of the sexual activities ● Examination was conducted without gloves ● During his trial , the defense wanted to present an expert witness to provide psychiatric testimony ● Dr. Robert W. Hill (psychiatrist) - an alleged expert on sexual assault ● Hill was intended to testify about profiles of sexual offenders and class of offenders

● Dr. Hill testified that the culprit of the offense must have possessed several abnormal characteristics of which Mohan did not have ● In a voir dire, Dr. Hill testified that the culprit of the first three assaults was likely a pedophile, while the fourth would have been a sexual psychopath ● Trial court considered the following: - Did the offense alleged to have been committed by the accused have unusual features, which indicate that anyone who committed them was a member of a limited and distinguishable group? - Did the psychiatrist have the necessary qualification, and expertise to venture an opinion on the first issue so as to be helpful to the jury? ● Ontario court of justice: - Dr. Hill’s testimony was held to be not admissible - Mohan eventually convicted at trial ● Ontario court of appeal:- dr. Hill’s testimony was admissible ● Appeal allowed - ontario court of justice decision quashed ● Ordered a new trial ● Appealed to the supreme court ● The issue before the supreme court was whether Hill’s testimony could be admitted as an expert witness, and whether the testimony would violate the rule against character evidence ● Supreme Court of Canada: - Held Ontario Court of Justice original decision - Dr. Hill’s testimony is not admissible ● Court concluded that the expert’s group profiles were not sufficiently reliable to be considered helpful ● Set forth opinion to determine under what circumstances expert evidence is admissible Mohan Legacy ● Admissibility to be determined by assessing: 1. Relevance - Does the evidence, as a matter of logic or human experience, have some tendency to advance the inquiry? - Cost-benefit analysis 2. Necessity - Needs to be more than just helpful - Technical or other specialized knowledge 3. Absence of ant exclusionary rule 4. Properly qualified expert ● May still be excluded if: - More prejudicial than probative - Time required to enter evidence is not commensurate with its value - May confuse the jury ● In summary, expert evidence which advances a novel scientific theory or technique is subjected to special scrutiny to determine whether it meets a basic threshold of reliability and whether it is essential in the sense that the trier of fact will be unable to come to a satisfactory conclusion without the assistance of the expert

● The closer the evidence approaches an opinion on ultimate issue, the stricter the application of this principle Expert: Characteristics ● Formal learning ● Informal learning ● Practical experience ● Any combination of trustworthy sources Nov 21 Lecture 10 Demonstration of Forensic Identification Techniques Alternative Light Source ● Fluorescence - The emission of light from a molecule following its excitation by light energy - Object must be exposed to an active energy source ● 450 nm used with orange barrier filter for biological fluids ● Blue light is used with orange barrier filter to visualize biological fluids, fibers, and hairs Amido Black ● Amido black is a general protein stain that reacts with amino acids found in bodily fu\luid, but is nonspecific for blood ● Enhances the contrast and visibility of patterns and impressions to allow for easier documentation (ie. photography) 1. Spray or dip the exhibit/target area with the chemical and fixative 2. Allow -3 to 5 minutes for the reaction to complete 3. Rinse with water to remove any excess reagent after development, then photograph 1, 2-Indanedione Zinc Chloride (IN/Zn) 1. Immerse exhibit in chemical solution for 5 seconds 2. Allow time to air dry (volatility allows for rapid evaporation) 3. Press in a dry mount for 15 seconds at 160 degree celsius between two sheets of paper towel 4. Produces a pink/red colored print when the reaction has fully developed 5. View through orange barrier filter with a 505 nm ALS → fluoresces yellow in color Ninhydrin 1. Spray, dip or brush the exhibit with the chemical solution 2. Allow time to air dry 3. Place in humidifying cabinet for 4-7 minutes at 80 degree celsius (65% relative humidity) 4. Fingerprints develop “ruhemann’s purple” one the reaction is completed

5. Subsequent treatment with Zinc Chloride will achieve fluorescence Dental Stone 1. Combine dental stone powder with water and knead into a pancake batter-like slurry 2. Pour mic into 3D soil impressions or onto 2D surface a. With 2D impressions, develop with magnetic or granular power first (Knaap process) 3. Allow -30 minutes to cure, then carefully lift 4. Photograph cast and store Cyanoacrylate Fuming 1. Place articles bearing fingerprints into the CyanoSafe cabinet 2. Deposit two drops of liquid cyanoacrylate (superglue) into a small dish and place the dish into the fuming cabinet 3. Allow time for fume to vaporize glue → polymerized and plastics fingerprint secretions 4. Fluorescence can be achieved using a variety of chemicals (rhodamine 6G, Adrox, Brilliant Yellow, Basic Yellow) Electrostatic Dust Lifter (ESDL) 1. Place the lifting film over the surface bearing the dust impression 2. Position the grounding device adjacent to the lifting film 3. Charge the lifting film with the charger unit a. Dust impression is transferred to the lifting film as a result of electrostatic charges 4. Carefully remove lifting film from the surface 5. Photograph opaque lifting film a. White oblique light should be used to enhance visibility of the impression Gel Lifting 1. Remove the cover sheet from the gel lifter and place one edge on the side of a developed print or dust deposit 2. Carefully smooth down the upwardly slanted gel lifter while rubbing it with your thumb to avoid trapping any air bubbles 3. Press the gellifter firmly over the entire surface 4. Pick up gel lifter, beginning at one of the corners, and place it on a flat horizontal surface → replace the cover sheet Magnetic Powder 1. Locate latent print 2. Apply powder and remove excess using magnetic wand 3. Photograph developed print 4. Lift print using clear tape and secure onto backing card

Camphor Smoke 1. Place a piece of camphor on a spoon and ignite 2. Using forceps to handle the specimen, hover metal surface over the smoke being produced from the burning chemical, allowing a layer of soot to form 3. Carefully extinguish the camphor and place to the side 4. Using a camel hair brush, lightly wipe of the excess soot revealing the fingerprint Polyvinyl Siloxane ● Used to lift prints from a variety of surfaces including fingerprints, tool marks, round and other detailed surfaces ● Extruder gun automatically mixes two components and is channeled directly onto the surface through a spiral mixer, thereby making the device easy to use Gun Bluing 1. Pour contents of the bottle into a glass receptacle - best formula 50:50 Gun Blue/water 2. Submerse the cartridge case into the solution and allow development to occur for approximately 10 seconds 3. Quickly remove the cartridge case from the gun blue and place it distilled water, effectively stopping further development a. Friction ridges will appear dark blue-black color and can be viewed under room lighting b. No subsequent processing is required Hexagon OBTI 1. A sample of the presumed human blood is transferred into the tube with the transport medium 2. This mixture is then added to the test bar 3. Typically, a positive reaction will be detected within 2-3 minutes Two blue lines indicate that the test has determined the sample is blood of human origin Bluestar ● Most effective blood developer and detector used at crime scenes or in laboratories - even if someone has cleaned or removed it ● The investigator sprays a solution of luminol and the oxidant a. The iron is blood catalyzes the luminescence b. The amount of catalyst necessary to cause the reaction is very small, allowing detection of even trace amounts of blood ● The blue glow lasts for about 30 seconds per application - Detecting the glow requires a fairly dark room - Documented by a long-exposure photograph

Nov 21 Lecture 10.1 Paul Bernardo ● Born: august 27, 1964 ● AKA: Paul Teale (legal name change) ● Serial killer and serial rapist ● Spouse: Karla Homolka (1991-1994) ● Raised in Scarborough, Ontario ● Attended Wilfrid Laurier Collegiate ● Attended University of Toronto - Scarborough ● Developed dark sexual fantasies and enjoyed humiliating women in public and beating his dates ● Met Karla Homolka in October 1987 ● She encouraged his sadistic sexual behavior ● Sexual assaults or attempts from May 1987 - May 1990 ● July 1990 - interviewed by police detectives (fit description of Scarborough Rapist) ● May - September 1990 - 130 suspect DNA profiles collected ● 1990 - flirted with Karla’s younger sister Tammy ● Became obsessed with her (‘peeping tom’ and sneaking into her room to masturbate while she slept) ● Further investigation led police to re-interview him in November 1990 ● Admitted resembling the composite ● Voluntarily offered consent sample for DNA ● Concluded that ‘such a well-educated, well-adjusted, congenial young man could not be responsible for the vicious crimes’... he was released the following day ● Homolka assisted by breaking windows to allow Bernardo access ● December 23, 1990 - using anesthetic agent Halothane which Homolka stole from her employer at Martindale Animal Clinic, they administered sleeping pills to Tammy (15 years of age) in a rum and eggnog cocktail. After he fell unconscious, both Homolka and Bernardo undressed her. Further among of Halothane administered on a soaked rag covering her mouth and nose ● Homolka wanted to ‘give Tammy’s virginity to Bernardo for Christmas’ - July 24, 1990 - Homolka laced spaghetti sauce with crushed valium which she stole from work - Served dinner to her sister who soon lost consciousness - Bernardo raped Tammy while Karla watched ● Videotaped the event and raped her in the basement ● She began to vomit ● Moved her into her basement bedroom, hid the evidence, redressed her ● Then tried to revive her and called 911 ● Pronounced dead at hospital ● Ruled accidental death - choking following alcohol consumption ● Following event, videotaped themselves with Homolka wearing Tammy’s clothes and pretending to be her ● Moved to Port Dalhousie ● June 15, 1991 - Bernardo went to Burlington Ontario to steal liscence plates

● Found Leslie Mahaffy (14 years old) - missing curfew after attending a funeral for a friend - locked out of house as punishment ● Offered assistance, but led to car and blindfolded her - forced into his car and drove to Port Dalhousie Leslie Mahaffy ● Bernardo and Homolka videotaped themselves torturing and sexually abusing Mahaffy ● Sodomized while bound with twine ● Blindfold slipped - possibly identifying her ● According to Homolka: - Bernardo strangled Leslie ● According to Bernardo: - Next day Homolka gave Leslie a lethal dose of Halcion ● Leslie (deas) placed in basement ● Following day the Homolka family (parents and remaining sister Lori) attended for dinner ● After they left, decided to dismember body and encased in cement for disposal ● Bought 12 bags of cement - kept receipts ● Cut body with circular saw ● Encased in cement ● Made disposal trips of Lake Gibson (18 km south of Port Dalhousie) ● One block weighed 90 kgs so couldn’t do much with it except left by the shore ● It was discovered by father/son fishing on June 29, 1991 Kristen French ● April 16, 1992 (Thursday before Good Friday) - Homolka and Bernardo driving through St. Catharines looking for potential victims ● Outside Holy Cross Secondary School, spotted Kristen French (15 years old) ● Homolka got out of their car with a map pretending to need directions ● While looking at map, Bernardo attacked from behind with a knife and forced her into the car front seat ● Homolka was in back seat - controlled French by pulling her hair down ● During first 24 hours, Niagara Regional Police assembled on investigative team searching area of abduction (several witnesses saw the event and her show was sound at the scene) ● Over next several days, Homolka and Bernardo videotaped themselves torture, rape and Sodomize Kristen, forcing her to consume alcohol and be submissive to Bernardo ● She was never blindfolded (murder was the end result) ● Tried to escape, but beaten with mallet and strangled with a noose around her neck ● Kristen’s nude body was found in a ditch on April 30, 1992 in Burlington - her body had been washed and hair cut off (possibly as a trophy) Paul Bernardo ● Both Homolka and Bernardo were questioned by police several times in connection with Scarborough Rapist Investigation, Tammy Homolka’s death, and BErnardo’s stalking of women ● NRPS interviewed Bernardo on May 12, 1992 - but determined not a likely suspect ● Three days later, Green Ribbon Task Force created to investigate Mahaffy and French murders

● December 1992: CFS finally begins testing DNA samples provided by Bernardo two years earlier!! ● December 27, 1992: Homolka severely beaten by BErnardo with a flashlight (limbs, head, and face) ● She claimed it was from car accident, but co-workers were suspicious and called her parents - she was ‘rescued’ from the house and taken to hospital ● Injuries documented and statement given by Homolka to NRPS claiming spousal abuse - charges laid against Bernardo ● Homolka moved in with relatives in Brampton ● Results came from CFS regarding Bernardo’s DNA sample (twenty six months after having been taken) - Matched to Scarborough Rapist - surveillance from that moment ● February 9, 1993: Toronto Sexual Assault Investigtors ● Told of ‘suspicions’ about Bernardo but concentrated on her abuse ● That night, she told her aunt and uncle, her husband was the Scarborough Rapist and they were involved in the murders of Leslie Mahaffy and Kristen French (and it was recorded on video tape) ● February 11, 1993: Homolka met with Niagara Falls lawyer George Walker seeking full immunity from the Crown Attorney Ray Houlahan in exchange for co-operation - advised immunity not possible ● February 17, 1993: Toronto Sexual Assault Squad and Green Ribbon Task Force arrest Bernardo on numberous charges - also obtain search warrants ● Search warrant limitations were tight due to minimal evidence to date ● 71 days - only one tape (limited evidentiary value) found ● May 5, 1993: Walker (Homolka lawyer) was informed by the government that Homolka offered a 12 year sentence on a plea bargain. If declined, she would be charged with 2 counts of murder plus other charges ● May 14, 1993: offer finalized and she began giving induced statement ● Trial began (toronto) in 1995, publication ban ● During trial, Bernardo claimed deaths were accidental but later said Homolka committed the murders ● September 1, 1995: Bernardo convicted of: - 1st degree murder - Aggravated sexual assault ● Sentenced to life in prison (no chance of parole for 25 years) ● Declared dangerous offender (will likely never be released) Murderers on the Moors ● Saddleworth Moor, UK (East of Manchester) ● Ian Brady and Myra Hindley ● Abducted, tortured and murdered 5 children - Ages 10-17 years - 1963 - 1965 Paul Bernardo ● Homolka convicted of manslaughter (12 years) ● Plea bargain publicly criticized for inadequate ● Ken Murray (Bernardo’s lawyer) withheld the videotapes for 17 months ● He actually entered the residence and removed them from the ceiling fixture

● Murray charged with obstruction of justice and faced disciplinary hearing with Law Society of Upper Canada ● Following the 1995 conviction, province’s Lieutenant Governor appointed the Honourable Archie Campbell to review the roles played by the broader police services during the investigation ● 1996: ‘the campbell report’ found that the lack of coordination, cooperation and communications among police and other parts of the justice system contributed to a dangerous serial predator ‘falling through the cracks’ ● Key recommendation: - Set up a common automated case management system for Ontario police services to use in investigations into homicides and sexual assaults - Ontario is the only place in the world to have this type of computerized network for case management - Since 2002, all municipal police services and the OPP have had access to the Major Case Management system called PowerCase Nov 28 Lecture 11 Origin of Canadian Law ● Canada was created by an act of the Parliament of the United Kingdom called the British North America Act, 1867 (now known as the Constitution Act, 1867) uniting the British colonies of the United Province of Canada, Nova Scotia, and New Brunswick ● The Constitution of Canada includes the Constitution Act, 1867, and the Constitution Act, 1982. It is the supreme law of canada. It reaffirms Canada’s legal system and also includes Aboriginal rights and treaty rights Court System in Canada ● Four levels of Court in Canada: 1. Provincial and territorial (lower) courts: these courts handle most cases that come into the system. They are established by provincial and territorial governments 2. Provincial and territorial superior courts: they deal with more serious crimes and also hear appeals from provincial and territorial courts 3. Provincial and territorial courts of appeal and the Federal Court of Appeal 4. The Supreme Court of Canada, which is the final court of appeal for Canada Provincial/Territorial Courts ● Each province and territory has a provincial/territorial court and hears cases involving either federal or provincial/territorial laws ● In Nunavut, the Nunavut Court of Justice, which is Canada’s only single level trial court, combines the power of the superior trial court and the territorial court so that the same judge can hear all cases that arise in the territory ● Provincial/Territorial courts deal with: - Most criminal offenses, except the most serious ones;

- Family law matters (e.g. child support, child protection, adoption, but not divorce) - Young persons from 12 to 17 years old in conflict with the law - Traffic and bylaw violations; - Provincial / territorial regulatory offenses; - Claims involving money, up to a certain among (set by the province or territory in question; - Small claims (civil cases that resolve private disputes involving limited sums of money); and - All preliminary inquiries (hearings to determine whether there is enough evidence to justify a full trial in serious criminal cases) Provincial/Territorial Superior Courts ● Courts of ‘inherent jurisdiction’ ● Hear cases in any area except when statute or rule limits the authority ● Try the most serious cases (criminal and civil) ● Also acts as a court of first appeal ● Administered by province, but paid and appointed by federal government Family Court ● In most provinces and territories, the superior court has special divisions, such as the family division ● Some superior courts have established specialized family courts to deal with specific family law matters, including divorce and property claims ● Several provinces (Manitoba, New Brunswick, Newfoundland, and Labrador, Nova Scotia, Ontario, Prince Edward Island and Saskatchewan) use unified family courts ● This allows a single court to deal with all aspects of family law, using specialized superior court judges and services ● These courts encourage obstructive, non-adversarial techniques to resolve issues, and provide access to support services through community organizations. ● These services typically include such programs as parent-education sessions, mediation, and counseling Provincial / Territorial Courts of Appeal ● Each province and territory also has a court of appeal ● These courts hear appeals from the decisions of the superior courts and the provincial/territorial courts ● Appeals are usually heard by a panel of three judges Superior Courts ● Superior courts are the highest level of courts in a province or territory. They deal with the most serious criminal and civil cases and have the power to review the decisions of the provincial and territorial courts ● Superior courts are divided into two levels: trial level and appeal level - The trial level courts hear civil and criminal cases. They may be called the Supreme Court, the Court of Queen’s Bench, or the Superior COurt of Justice - The appeal level courts, of Courts of Appeal, hear civil and criminal appeals from the superior trial courts listed above

Definitions ● Jurisdiction: - The type of case and the physical area over which the courts have legal authority ● Legislature: - Government body with the power to enact, amend, and repeal laws ● Parliament: - Legislature, in canada made up of the Monarch, House of Commons and the Senate ● Remedy: - The means used by the law to correct injuries or enforce legal rights ● Restorative Justice: - An approach to justice that emphasizes healing for victims, holding offenders to account in a meaningful way, and involving citizens in the community ● Subpoena: - An order to appear in court or give evidence ● Treaty Rights: - Aboriginal rights set out in a treaty Criminal Code of Canada ● A law codifies most criminal offenses and procedures in Canada. Officially known as ‘An Act respecting the Criminal Law” ● Section 91 (27) of the Constitution Act - 1867, establishes the sole jurisdiction of Parliament over criminal law in Canada ● Criminal Code of Canada first enacted by Parliament in 1892 Charges (examples) ● Break and enter ➔ Obtain entrance by a threat or artifice or by collusion with a person within, or enter without lawful justification or excuse by a permanent or temporary opening ➔ Criminal Code of Canada R.S.C. 1985 c. C-46, s. 350 (6) ➔ 348. (1) everyone who ➔ (a) breaks and enters a place with intent to commit an indictable offense therein ➔ (b) breaks and enter a place and commits an indictable offense therein, or ➔ (c) breaks out of a place after ➔ (i) committing an indictable offense therein, or ➔ (ii) entering the place with intent to commit an indictable offense therein, ➔ Is guilty ➔ (d) id the offense is committed in relation to a dwelling-house, of an indictable offense and liable to imprisonment for life, and ➔ (e) if the offense is committed in relation to a place other than dwelling-house, of an indictable offense and liable to imprisonment for a term not exceeding ten years or of an offense punishable on summary conviction ➔ “Breaking” can include an actual break as defined in s.321 or it can be “constructive” breaking. “Constructive” breaking can be established by the accused simply walking through a doorway.

However, simply entering into a structure through an open door does not on its own amount to “breaking”. This includes staying in a store until after closing time. Likewise, entering through an unlocked but closed door after knocking does not amount to breaking ➔ Entrance: - 350. For the purposes of sections 348 and 349, a. A person enters as soon as any part of his body or any part of an instrument that he uses is within any thing that is being entered; and b. A person shall be deemed to have broken and entered if - He obtained entrance by a threat or an artifice or by collusion with a person within, or - He entered without lawful justification or excuse, the proof which lies on him, by a permanent or temporary opening ➔ Definition of ‘place’ - (3) for the purposes of this section and section 351, ‘place’ means a. A dwelling house b. A building or structure or any part thereof, other than a dwelling house c. A railway vehicle, a vessel, an aircraft, or a trailer; or d. A pen or an enclosure in which fur bearing animals are kept in captivity for breeding or commercial purposes - Dwelling house means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes a. A building within the curtilage of a dwelling house that is connected to it by a doorway or by a covered and enclosed passage-way and b. A unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence What does the Crown need to prove? ● S. 248(1)(b) - brakes and commits ● Identity of the accused as the culprit ● The time and date of the incident ● The jurisdiction of the incident ● The accused entered into the premises ● The accused had no justification for entering the premises or permission to enter ● The accused committed an indictable offense (theft, mischief, etc) ● Location pof place broken into (evidence of access method) ● Location of place of exit (optional) ● Whether the place was a dwelling house ● Ownership of the place ● Condition of place just prior to the break in ● Condition of place after the break in ● Amount of damage done ● Ownership of goods taken ● Continuity of goods

● Theft ➔ Fraudendently and without color of right taking, or fraudulently and without color of right converting to his use or to the use of another person, anything whether animate or inanimate, with intent (a) to deprive, temporarily or absolutely, the owner of it or a person who has a special property or interest in it; (b) to pledge it or deposit it as security; (c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or (d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted criminal Code of Canada R.S.C. 1985 c. C-46, s.322(1) ➔ The crown will typically produce the following: - Identity of accused - Date and time of incident - Jurisdiction (incl. Region and province) - Property was owned by someone (use witness or documents under ss.491.2 and 657.1) - Value of the property - Continuity of the property - File photo of property or actual property as exhibits (s.491.2) - Accused took or converted property - The owner did not give permission for the accused to take or convert it - The items were not given to the accused in good faith (no color of right) - The accused intended to deprive the owner of the property ● Robbery - Stealing; and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, using violence or threats of violence to a person or property; - (b) stealing from any person and, at the time he steals or immediately before or immediate;y thereafter, wounding, beating, striking or using any personal violence to that person; - (c) assaulting any person with the intent to steal from him; or (d) stealing from any person while armed with an offensive weapon or imitation thereof. - Criminal Code of Canada R.S.C. 1985 c. C-46, s.343 ● Murder ➔ Culpable homicide is murder a. where the person who causes the death of a human being - Means to cause his death - Means to cause hum bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not; b. Where a person meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that human being c. Where a person, for an unlawful object, does anything that he knows or ought to know is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being ➔ Criminal Code of Canada R.S.C. 1985 c. C-46, s.230

Highway Traffic Act ● The Highway Traffic Act (HTA) is an Ontario Act which regulates the licensing of vehicles, classification of traffic offenses, administration of loads, classification of vehicles and other transport related issues ● First introduced in 1923 to deal with increasing accidents during the early years of motoring in Ontario, (1) and replacing earlier legislation such as the Highway Travel Act, there have been amendments due to changes to driving conditions and new transportation trends Careless Driving What is it? ● The Highway Traffic Act of Ontario defines careless driving as driving ‘a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway’ Motor Vehicle ● ‘Motor vehicle’ includes an automobile, a motorcycle, a motor assisted bicycle unless otherwise indicated in this Act, ● and any other vehicle propelled or driven otherwise than by muscular power, but does not include a streetcar or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road building machine Vehicle ● ‘Vehicle’ includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car Highway ● ‘Highway’ includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof Crosswalk ● ‘Crosswalk’ means a. That part of a highway at an intersection that is included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the roadway or b. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface Bicycle - Car Duty to report?

● Records and reporting of accidents and convictions ● Duty to report accident - 199. (1) every person in charge of a motor vehicle or street car who is directly or indirectly involved in an accident shall, if the accident results in personal injuries or in damage to property apparently exceeding an amount prescribed by regulation, report the accident forthwith to the nearest police officer and furnish him or her with the information concerning the accident as may be required by the officer under subsection (3) R.S.O. 1990, c. H.8, s.199(1); 2002, c.17, Sched.F, Table Powers of Arrest ● Arrest without warrant by peace officer - 495. (1) a peace officer may arrest without warrant a. A person who has committed an indictable offense or who, on reasonable grounds, he believes has committed or is about to commit an indictable offense b. A person whom he finds committing a criminal offense; or c. A person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set put in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found ● A police officer can arrest where: - There is reasonable grounds a person has committed an indictable offense - There is reasonable grounds a person is about to commit an indictable offense - A person is committing an indictable offense - A person has a warrant out for his/her arrest ● There is limited power to arrest where the accused is found committing a summary offense and it is necessary to establish the accused’s identity, among other things ● Citizen’s Arrest Laws - In most cases, you must find a person either in the act of committing a crime, or escaping from and freshly pursued by persons who have lawful authority to arrest that person, in order to lawfully make a citizen’s arrest - In particular, if you are arresting a person for an indictable offense, which is the most serious type of offense and includes violent offenses, you can only make the arrest at the time you witness the person committing the offense - It is against the law to arrest a person after any lapse in time for having committed an indictable offense, unless it is relation to your property ● In special circumstances of any type of criminal offense that is committed on or in relation to your property, you may either: - Arrest a person you find in the act of committing a crime - Arrest a person within a reasonable period of time after having found that person committing a crime ● To be eligible to make a citizen’s arrest for a crime on or in relation to property, you must be one of the following: - The owner of the property - In lawful possession of the property - Have been authorized by the owner or the person in lawful possession of the property

Dec 5 Lecture 12 Lisa Posluns: Homicide Investigation #47/2002 Background ● 38 years old ● Home: 175 Cumberland Street ● Business: 94 Cumberland Street ● Lives alone ● Not sexually active or in relationship ● Strong family ties with mother/sister ● November 2, 2002 - spoke to mother in daytime hours - working till 8pm then going home ● Getting hair done and shopping at Holt Renfrew The Scene: Street and Outdoors Forensic Investigation ● Center of forensic sciences: submission - DNA: victim panties - degraded saliva sample - Male profile (1:65,000) random chance of probability; No Match ● Royal Canadian Mounted Police (RCMP): Robert Kennedy - footwear ● Federal Bureau of Investigation (FBI): National footwear database Homicide Investigation ● Consent DNA collected ● Nelson DeJesus (former cleaner at 94 Cumberland St.) interviewed for consent DNA sample: refused ● DeJesus sex assault history revealed and sample from previous assault profiled and compared to Lisa Posluns panties ● CFS matches DeJesus to victims panties ● Mobile surveillance team on DeJesus to collect discard DNA ● DeJesus quits work as a cleaner for Sodexo - contract cleaners for Bloorview MacMillian Hospital - personal belongings returned to corporate offices in Burlington, Ontario ● DeJesus visits lawyer Patricia Fry - observed by surveillance team masterbating in lane while watching her office - wrong sample collected Homicide Investigation Preparing for search warrant execution ● DeJesus followed by surveillance team and daily movements noted ● March 22, 2003 - DeJesus observed entering his residence at 10:00pm (watched by MSS) ● March 23, 2003 - DeJesus to be arrested outside of house, warrant to be signed and executed in a.m.

Search Warrants Executed March 23, 2003 ● 120 Euclid Avenue ● Sodexo Cleaners (Burlington, Ontario) Sodexo Cleaners ● DeJesus’ property seized by police including shoes with similar tread pattern as crime scene impressions Bloody Footwear Impressions ● DeJesus’ shoes and floor tiles with blood impressions sent to: - The ontario provincial police (O.P.P) forensic identification headquarters Orilla, Ontario - John Norman ● John Norman locates possible unique characteristics in footwear impressions ● Crown Attorney sends John Norman to India for 17 days to observe manufacturing process (where DeJesus’ shoes made) Center of Forensic Science ● DeJesus DNA (semen) located on right buttock of victim jeans - inside surface DeJesus DNA (epithelial) located in his shoes - no victim DNA on outside surface ● Lisa Posluns DNA (epithelial) located in handcuffs (ex #925) ● Lisa Posluns DNA (blood) located in knife sheath (ex #908) Cataloging the Evidence ● Due to the amount of evidence collected over an extended period of time, a book of concordance was used to chronologically manage cataloged evidence. Verdict ● Convicted of 1st degree murder ● Minimum 25 years in prison before eligible for parole Assisting Police Agencies ● Ontario Provincial Police (O.P.P) - Dave Sibley - Matthew Lewandowski - John Norman ● Royal Canadian Mounted Police (R.C.M.P) - Sgt. Robert Kennedy ● Federal Bureau of Investigation (F.B.I) ● Belleville Police Service - Sgt. Grant Boulay

LASER Examination Bloorview MacMillan Center ● Examined at request of Crown Attorney ● Samples of fluorescing stains collected, dried and packaged ● Subsequently accused of “planting evidence” - semen on blue jeans Trial ● 4 months ● 1 month testimony total for: - Wade Knapp, - Alan Benton - Elida Kafarowski - John Norman ● Convicted of 1st degree murder (sentenced to 25 years minimum before eligible to apply for parole) Thanks to: ● RCMP: - Robert Kennedy (footwear) ● OPP: - Dave Sibley - Matthew - Lawandowski (LASER body, scene) ● OPP: - John Norman (footwear) ● FBI: - footwear/questioned documents