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DNA EVIDENCE: R. v. S.A.B

Also it will prove that the DNA warrant provisions are constitutional in nature and it will show that the infringements on S.A.B.'s individual rights are minimal and can be justified under section 1 of the Charter.
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             DNA EVIDENCE AND JEREMY BENTHAM'S PRINCIPLE OF UTILITARIANISM:.
             Lucie Turmel was a Banff cab driver who was severely beaten, robbed and left to die. When cops found Lucie's cab, they found a substantial amount of blood in the back seat. Upon analysis, they found out that not all the blood belonged to her. The police asked one of their suspects, Ryan Jason Love for a sample for comparison but he refused. This led the cops to go undercover and gain DNA evidence from Love, without Love's knowledge. Analysis confirmed that Love's genetic profile matched the profile of the blood found in Turmel's cab. DNA analysis helped solve an otherwise unsolvable crime. It was then that DNA evidence ensued in having a very important role in criminal law. The court system was for the first time shown the truly positive impact DNA evidence can have in procuring an outcome that is exact and accurate, leaving very little room for any errors. The system of DNA analysis is relatively flawless, and using DNA as evidence in criminal cases would help serve a very important objective which is to further the government's goal of achieving safety and the good of the community. That is the main principle upon which our forefathers built our legal justice system and our society in general. In the case of R. v. S.A.B. (2003), the constitutionality of the usage of DNA evidence was questioned. The case was threatening the further usage of DNA evidence in future cases. S.A.B.'s lawyer argued that sections 487.04 - 487.09 of the criminal code were in violation of Section 7 and 8 of the Charter of Rights and Freedoms and hence the outlined sections were unconstitutional. Basically S.A.B. and his lawyer were arguing that the criminal law as it related to the search and seizure of DNA evidence, and irrevocably the case, was bad.


Essays Related to DNA EVIDENCE: R. v. S.A.B

1. DNA Evidence

DNA Evidence DNA testing has overthrown the way police collect evidence in a number of criminal cases, especially rape and murder and consequently had a large impact on many past cases. However there are many disadvantages to DNA testing, such as a challenge of accuracy, the costs of DNA testing and the possible misuse of DNA. ... DNA evidence in courts has been widely accepted since then and is seen as a reliable source, due to the high accuracy of the results. ... Many question the accuracy of DNA evidence, as only DNA segments are used in databases in contrast to the entire DNA strand. ......

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  • Grade Level: High School

2. Drawback Of DNA

The Drawback of DNA Evidence Outline I. ... Hope for DNA Evidence? ... Blind Trials V. ... Laboratories deny such claims ("DNA Evidence: Boon or Boondoggle for Criminal Justice?" ... ("DNA Evidence: Boon or Boondoggle for Criminal Justice?" ...

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3. The Case for Innocence

She also found "overwhelming, direct evidence" that established Criner's guilt beyond the doubts raised by the new DNA evidence. ... The dissent, on the other hand, argued that the majority invalidated judicial review by undermining the power of the DNA evidence and moved for a new trial. ... In a later case, State v. ... Also cited within Brown v. Mississippi, was the Powell v. ...

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4. exclusion of evidence

In 1970, the Supreme Court of Canada held in R. v. ... In 1981 the Supreme Court ruled in R. v. ... McLachlin J. put it this way in R. v. ... Section 24(2) stipulates that evidence obtained in violation of rights may be excluded if it would tend to bring the administration of justice into disrepute, 3 6 R. v. ... As Dickson C.J.C. stated in R. v. ...

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5. The Power Of DNA And DNA Fingerprinting

During reexaminations of the physical evidence, "a spot of semen, less than one-sixteenth of an inch wide was found on the victim's panties" (Evans 64). ... The many homicide cases prove DNA fingerprinting is the best way to catch criminals, but the main controversy is whether or not the legal system will allow this evidence to be used in a court of law. ... Although Sanders was certain her attacker was Davis, police had new evidence to believe Ritter was Carol's rapist. ... The prosecution believed they had enough evidence to get a warrant to take Ritter's blood. ... The Su...

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6. DNA Testing

DNA evidence from one crime scene can be compared to evidence from another and the same perpetrator linked to crimes locally, or across the Nation. ... (What Every Law) DNA evidence can be collected from almost anywhere. ... DNA evidence has been taken off of bite marks, cigarette butts, ski masks, toothpicks and postage stamps. ... The collection of DNA evidence often involves collecting very small samples and contamination can become an issue. ... If they would have had DNA evidence present at their trial it could have easily been avoided. ...

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7. dna

Some viruses do not have DNA, but contain RNA instead. ... DNA contains four nitrogenous bases. ... The new DNA strand stays attached to the old one through the hydrogen bonds, and together they form a new DNA double helix molecule. ... RNA molecules are like DNA. ... Miller, Kenneth R. ...

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8. DNA Fingerprinting

This single substance has recently been used as evidence in U.S. courtrooms. ... Accurate, concluding genetic tests on DNA have served as great evidence to convict or free criminals throughout the judicial system. ... With DNA evidence submitted, the jury convicted him in about fifteen minutes (Froelich and Leyden 1). ... This evidence was available because of the buccal cells from inside the cheek, rich in DNA, which are deposited with saliva and can be extracted from stamps, dishes, or the lips (Schefter 8). DNA evidence has also freed the innocent after years of suspicion or conviction....

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9. DNA Evidence of the O.J. Simpson Murder Trial

There may be a great deal of DNA evidence about the suspect, as well as, the victims, in this case, there were both. ... The prosecution stated that the DNA tests linked the additional blood stains to O.J. ... Q) No photos taken inside the condo R) Bath tub water, who emptied it? ... V) Bodies were dragged before being picked up by the ME office. ... The box of evidence containing the cotton swab swatches, gloves, socks, gloves, and anything else containing blood DNA samples were in an unsealed box at the lab, was brought into the lab on April 27th at 6:03am and one week after the murders,...

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