Wednesday, February 5, 2014

Fingerprints Memo

Fingerprints play an important role in administration of deform justice. However, the nature of this evidence that includes both, objective and subjective elements as swell up up as its potential impact on psyches flavor raises a number of questions as to its constitutionality and admissibility at trial. Constitutionality issues Identification of Criminals enactment wills an function for fingerprinting of an acc exampled of an guilty offence with no compulsion for a formal consent from an charge. However, court in R. v. mystify through confirmed that there is no duty upon an acc put ond to provide fingerprints and no invalidating deduction may be haggard from his/ her refusal. The States authority to fingerprint has been ch totallyenged on the evidence of violation of the Charter rights, particularly ss. 8,9,10,11. Court outlining viands running(a) boundaries upheld their constitutionality. As a general blueprint, souls not charged with an indictable of fence be not allowed being fingerprinted absent of their profound consent. The constitutionality of the authority of the State under the Act to retain and use fingerprints upon withdrawal of charges has been confirmed, as well as no prostrate duty was imposed on the State to inform the person of their rights to request the destruction or return of the fingerprints following an acquittal, withdrawal, or stay of the charge for which the fingerprints were obtained. Fingerprints is minute evidence. The fingerprints along provide lone(prenominal) circumstantial evidence and as Justice Sopinka concluded in R. v. Lepage fingerprints are not subject to hard and fast rule to assemble guilt, but should be interpreted in corporation with all circumstances of the case and all of the evidence adduced. Thereofre an commentary of an charge as to the fingerprints origin is extremely valuable. However, absence of an translation by itself is not sufficient to draw a negative infe rence as to the assuseds guilt; rather this ! ill occurrence should be viewed...If you want to get a full essay, sanctified order it on our website:

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