Anticipative Criminal Investigation: Theory and by Marianne F.H. Hirsch Ballin

By Marianne F.H. Hirsch Ballin

The e-book assesses the adoption of counterterrorism measures within the Netherlands and the USA, which facilitate legal investigations with a preventive concentration (anticipative legal investigations), from the viewpoint of rule of legislations rules. Anticipative legal research has emerged within the criminal platforms of the Netherlands and the U.S. on account of counterterrorism ways the place the target of knowing terrorism prevention is mixed with the target to ultimately prosecute and punish terrorists. This ebook has addressed this new preventive functionality of felony justice and pointed out the guideline of legislations ideas restricting the function of legal research in terrorism prevention. the chances and boundaries of legal research typically and of cooperation and the department of duties among legislations enforcement and intelligence were addressed in a way transcending changes among nationwide criminal platforms. worthy for teachers and practitioners attracted to legal research, rule of legislations and counterterrorism.

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Additional info for Anticipative Criminal Investigation: Theory and Counterterrorism Practice in the Netherlands and the United States

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To emphasize that the distinguishing character of the form of the investigative activity that this book seeks to discuss concerns the purpose of the prevention of serious (terrorist) crimes, by taking an intelligence-led approach in anticipation of threats, ‘anticipative investigation’ has been chosen. The second defining aspect is the relation of this form of investigation to the criminal justice system. An anticipative investigation includes investigative activities of the government resulting in the gathering of information—information which may, immediately or subsequently, become part of criminal proceedings.

The German term of ‘Vorfeldermittlung’ very 1 Cole and Lobel 2007, 2-6. Luban 2002, 12 and McCormack 2008, 258. S. html (accessed 30 August 2011). 3 Compare: Albrecht 2010, 4, Van der Woude 2010, 108-109, Parry 2007 and Dripps 2003 17-19, Cole and Lobel 2007, 12, 30-31. 2 4 1 Introduction well characterizes the new phenomenon of the investigative activity of the government, which is by definition proactive, is aimed at the prevention of serious crimes that threaten the safety of many citizens, in particular terrorism, and for which reason the traditional criminal investigative functions (evidence gathering) and intelligence investigative functions (the gathering of information about threats to national security for the purpose of prevention) have been merged.

G. the Fourth Amendment protecting the ‘‘right of the people to be secure in their persons, houses, papers, and effects’’ by imposing limitations on governmental infringements against these rights, including such infringements in the context of the exercise of criminal procedural powers. 35 Amar 1997, X. 36 Nowak and Rotunda 2004, 432. 37 Foqué and ‘t Hart 1990, 16. 38 Hence, the synthesis between the two objectives renders a particular system of regulation legitimate. 5 The Relation Between Criminal Investigation and Criminal Procedural Law In the introductory section of this chapter a criminal investigation has been defined as a term covering all governmental investigative activities that collect information for the purpose of using it in criminal proceedings.

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