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Anticipative Criminal Investigation


Anticipative Criminal Investigation

Theory and Counterterrorism Practice in the Netherlands and the United States

von: Marianne F.H. Hirsch Ballin

149,79 €

Verlag: T.M.C. Asser Press
Format: PDF
Veröffentl.: 06.03.2012
ISBN/EAN: 9789067048439
Sprache: englisch
Anzahl Seiten: 684

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Beschreibungen

The book assesses the adoption of counterterrorism measures in the Netherlands and the United States, which facilitate criminal investigations with a preventive focus (anticipative criminal investigations), from the perspective of rule of law principles. Anticipative criminal investigation has emerged in the legal systems of the Netherlands and the United States as a consequence of counterterrorism approaches where the objective of realizing terrorism prevention is combined with the objective to eventually prosecute and punish terrorists. This book has addressed this new preventive function of criminal justice and identified the rule of law principles limiting the role of criminal investigation in terrorism prevention. The possibilities and limits of criminal investigation in general and of cooperation and the division of responsibilities between law enforcement and intelligence have been addressed in a manner transcending differences between national legal systems. Valuable for academics and practitioners interested in criminal investigation, rule of law and counterterrorism.
<p>Introduction.- The System of Criminal Investigation in the Netherlands.- Counterterrorism Measures Affecting Criminal Investigation in the Netherlands.- The Implications of Enabling Anticipative Criminal Investigations to Confront Terrorism for the Objectives of Criminal Procedural Law: The Netherlands.- The System of Criminal Investigation in the United States.- Counterterrorism Measures Affecting Criminal Investigation in the United States.- The Implications of Enabling Preventive Criminal Investigation to Confront Terrorism for the Objectives of Criminal Procedural Law in the United States.- Regulating the Anticipative Criminal Investigation under the Rule of Law.- Conclusions.</p>
<p>This book deals with the adoption of counterterrorism measures in the Netherlands and the United States which facilitate criminal investigations with a preventive focus (anticipative criminal investigations). These anticipative criminal investigations are assessed from the perspective of rule of law principles. Anticipative criminal investigations have emerged in the legal systems of the Netherlands and the United States as a consequence of counterterrorism approaches that combine the objective of the prevention of terrorism with the objective of eventually prosecuting and punishing terrorists. </p><p>Because of the attribution of a preventive function to criminal investigations, the role of the criminal justice system in providing security has been repositioned. With respect to this new preventive function of criminal justice, the author identifies the rule of law principles that limit the role of criminal investigation in preventing terrorism. She identifies the possibilities andlimits of criminal investigation in general and discusses the cooperation and the division of responsibilities between law enforcement and intelligence. These issues are addressed in a manner which transcends differences between national legal systems.</p><p>This book is of great interest for academics and practitioners engaged in criminal investigations, counterterrorism and terrorism prevention and the rule of law in general.</p><p> </p>Dr. Marianne F.H. Hirsch Ballin is presently working as an attorney at Pels Rijcken & Droogleever Fortuijn, The Hague, the Netherlands. The research for the present book was conducted at the Willem Pompe Institute for Criminal Law and Criminology, Utrecht University, the Netherlands.
Rule of law principles for counterterrorism Comprehensive analysis of preventive criminal investigative methods in the Netherlands and the United States Possibilities and limits of cooperation and division of responsibilities between intelligence and law enforcement authorities Includes supplementary material: sn.pub/extras
<p>Rule of law principles for counterterrorism</p><p>Comprehensive analysis of preventive criminal investigative methods in the Netherlands and the United States</p><p>Possibilities and limits of cooperation and division of responsibilities between intelligence and law enforcement authorities</p>

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