By Marianne F.H. Hirsch Ballin
The publication assesses the adoption of counterterrorism measures within the Netherlands and the us, which facilitate legal investigations with a preventive concentration (anticipative legal investigations), from the point of view of rule of legislation rules. Anticipative legal research has emerged within the felony structures of the Netherlands and the U.S. on account of counterterrorism methods the place the target of figuring out terrorism prevention is mixed with the target to ultimately prosecute and punish terrorists. This booklet has addressed this new preventive functionality of felony justice and pointed out the rule of thumb of legislation ideas restricting the position of felony research in terrorism prevention. the chances and boundaries of felony research often and of cooperation and the department of obligations among legislations enforcement and intelligence were addressed in a fashion transcending adjustments among nationwide felony structures. invaluable for lecturers and practitioners drawn to legal research, rule of legislation and counterterrorism.
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Extra resources for Anticipative Criminal Investigation: Theory and Counterterrorism Practice in the Netherlands and the United States
The establishment of a criminal justice system as such is based upon this idea. Second, observing the rule of law imposes limitations on the state’s exercise of its positive duty. For that reason, the state shall under the rule of law, as a minimum, exercise its criminal procedural powers in a restrictive way, as people must be protected against this state power to coerce persons. Respect for the rule of law thus also imposes on the state the negative duty to refrain, as much as possible, from interfering with the personal freedom of individuals.
Substantive criminal law encompasses the specific set of rules following from collective decisions with regard to violations of moral principles or rules of order, adopted in order to realize crime control and maintain order in society. The violation of these moral principles and rules of order has been elaborated—by the democratically legitimated legislature—in provisions of substantive criminal law. These criminal offenses shall meet the requirements of formal legality and be formulated in general and clear terms in order to be foreseeable to the people.
Also the use of criminal investigative powers shall, therefore, be subjected to safeguards to offer the protection required so as to render the criminal justice system legitimate. As has been explained, criminal investigation has traditionally focused on the investigation of past criminal acts and is, therefore, retrospective. To be able to guarantee the fairness of criminal proceedings, transparency, also of investigative activities, is an important assumption. 41 The intelligence investigative activities are, therefore, clearly directed towards the future, making threat analyses and analyzing data, covered by the realm of secrecy, in order to prevent harm.
Anticipative Criminal Investigation: Theory and Counterterrorism Practice in the Netherlands and the United States by Marianne F.H. Hirsch Ballin