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NCJRS Abstract

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NCJ Number: 99120 Find in a Library
Title: Report of Obtaining Forensic Evidence - Investigative Procedures in Respect of the Person
Corporate Author: Law Reform Cmssn of Canada
Canada
Date Published: 1985
Page Count: 50
Sponsoring Agency: Law Reform Cmssn of Canada
Ottawa, Ontario K1A OL6, Canada
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: Law Reform Cmssn of Canada
130 Albert Street
Ottawa, Ontario K1A OL6,
Canada

National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Language: English; French
Country: Canada
Annotation: This report by Canada's Law Reform Commission recommends guidelines for the statutory regulation of evidence collection from the suspect's person.
Abstract: The basic issue addressed by the commission concerns the role that accused persons or suspects should be required to play in obtaining information that may subsequently be used to incriminate them. The commissions's recommendations are based in three propositions. First, certain investigative procedures which inherently and abusively violate a person's privacy should be prohibited in all circumstances. Following this principle, the commission recommends prohibiting the administration of any substance to the subject (such as truth drugs, emetics, and enemas), the use of any surgical procedures that punctures human skin or tissue, the use of any procedure intended to remove stomach contents, and the use of any procedure intended to produce a pictorial representation of any internal body part. Second, other investigative procedures involving the person's body should be permitted only when the subject has clearly consented. Third, persons should be required to submit to a limited number of investigative procedures involving their bodies and only under clearly defined circumstances. In applying this latter principle, the commission recommends prior judicial authorization. Essential to the commissions's proposed regime is the recommendation that compliance with the rules be enforced by making improperly obtained forensic evidence presumptively inadmissible (a general reversal of the present law). A total of 152 footnotes are provided.
Index Term(s): Canada; Commission reports; Criminal procedures; Evidence collection; Exclusionary rule; Law reform; Police legal limitations; Rights of the accused
Note: Available in both English and French.
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=99120

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