By Marianne F.H. Hirsch Ballin
The ebook assesses the adoption of counterterrorism measures within the Netherlands and the USA, which facilitate legal investigations with a preventive concentration (anticipative felony investigations), from the point of view of rule of legislations ideas. Anticipative felony research has emerged within the criminal platforms of the Netherlands and the U.S. as a result of counterterrorism methods the place the target of figuring out 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 rules restricting the position of legal research in terrorism prevention. the probabilities and bounds of felony research quite often and of cooperation and the department of obligations among legislation enforcement and intelligence were addressed in a fashion transcending modifications among nationwide felony platforms. invaluable for lecturers and practitioners attracted to felony research, rule of legislation and counterterrorism.
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Additional info for Anticipative Criminal Investigation: Theory and Counterterrorism Practice in the Netherlands and the United States
1 Terrorism, Prevention and the Criminal Justice System Imagine the following situation: an anonymous tip is received that a certain extremist group is planning to carry out an attack against a central station in a metropolitan city during the rush hour within the coming week. Many innocent citizens may fall victim, which puts the agencies responsible for dealing with threats and violence under great pressure to ensure that an attack is prevented. At the same time there is uncertainty as to the reliability of the tip: the information comes from an unknown source and cannot be substantiated by other information.
At the same time the barrier between the investigative activities of the intelligence agencies and the investigative activities of law enforcement agencies has been reduced or even been dissipated. 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.
For that reason, the sword and shield objectives of criminal procedural law shall be echoed when criminally investigating: providing sufficient means for pursuing the substantive goals of the criminal justice systems and avoiding the use of investigative powers against innocent persons, limiting interference with fundamental rights to that which is necessary and investigating in anticipation of a fair procedure. Hence, a synthesis between sword and shield shall be achieved in the regulation of criminal investigation.
Anticipative Criminal Investigation: Theory and Counterterrorism Practice in the Netherlands and the United States by Marianne F.H. Hirsch Ballin