TECHNIQUES OF CONDUCTING INTERROGATION DURING POLICE INVESTIGATION OF CRIMES

2018 ◽  
Vol 28 (6) ◽  
pp. 2101-2107
Author(s):  
Kire Babanoski ◽  
Ice Ilijevski
Keyword(s):  
Law Enforcement ◽  
Scientific Explanation ◽  
The Body ◽  
Great Level ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Police Interrogation ◽  
Psychological Pressure ◽  
The Subject ◽  
To Come

Modern interrogation is a study in human nature with great level of psychological manipulation which is used by police officer. The main characteristic of a police interrogation is that the suspect is under strong psychological pressure from the interrogator in order to speak the truth and to give the confession. The main purpose of a police Interrogation is to obtain a confession and to come to the objective truth, or other critical information about the crime, from an interviewed suspect, who is subject of interrogation. Interrogation (also called questioning or interpellation) is interviewing as commonly employed by officers of the police or other law enforcement agencies with the goal of extracting a confession or incriminating statements. Subjects of interrogation are often suspects involved in crimes. Information from victims and witnesses is usually obtained through interviews. Interrogation may involve a diverse array of techniques, ranging from developing a rapport with the subject to outright torture.The main object of this paper is police interrogation, which is theoretically and descriptively analyzed through its various methods and techniques that are part of the process of extracting the truth and getting a confession from the suspects. For that aim, particular attention is paid to criminal operational aspects of contemporary Reid technique, and also presented examples of its application in the police interrogation. The Reid technique is a method of questioning subjects and assessing their credibility. The technique consists of a non-accusatory interview combining both investigative and behavior-provoking questions. If the investigative information indicates that the subject committed the crime in question, the Reid Nine Steps of Interrogation are utilized to persuade the subject to tell the truth about what they did. The Reid technique is a trademarked interrogation technique widely used by law enforcement agencies in North America. The technique (which requires interrogators to watch the body language of suspects to detect deceit) has been criticized for being difficult to apply across cultures and eliciting false confessions from innocent people.The purpose of this paper is through scientific explanation to raise the importance and quality of police interrogation as one of the methods for getting to the truth, especially in criminal cases where there is a lack of other evidence.

scholarly journals Criminalistics is not the science of prosecution or defense, but aimed at judicial resolution of criminal cases

2021 ◽  
pp. 116-123
Author(s):  
A. N. Khalikov
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Criminal Responsibility ◽  
General Trend ◽  
Preliminary Investigation ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Forensic Research ◽  
The Subject ◽  
Judicial Errors

The article considers the purpose of criminalistics as an objective science. The author briefly analyzes the definitions of the subject of criminology proposed by scientists in different years. At the same time, the General trend becomes obvious — the monopolization of criminology by law enforcement agencies. With reference to the position of the Patriarch of Russian criminalistics R. S. Belkin, the author expresses his opinion that criminalistics cannot and should not serve only state law enforcement agencies. The results of forensic research can be successfully used in criminal cases by the defense party-lawyers and other representatives of suspects and accused. The article provides examples when abuses by the preliminary investigation bodies with reference to the use of criminalistics provisions led to judicial errors and bringing innocent persons to criminal responsibility. Only in court, when using the evidence presented by the parties to the defense and prosecution, obtained, including through the use of recommendations of forensic science, a criminal case can be fairly resolved. 

scholarly journals The Interaction of the Investigator with the Body of Inquiry During the Investigation of Crimes in Criminal Cases of Extremism: The Problems and Ways of Their Solving

Legal Concept ◽  
2021 ◽  
pp. 65-73
Author(s):  
Vladimir Shinkaruk ◽  
Svyatoslav Biryukov ◽  
Alexander Rezvan
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Criminal Procedure ◽  
Point Of View ◽  
The Body ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Existing Problems ◽  
Law Enforcement Officials ◽  
The Law

Introduction: the issues of interaction of the investigator, as the central figure in the process of investigating crimes of extremism, continue to be the object of attention of scientists and practitioners. And this is not surprising, because the state of interaction of the investigator with the body of inquiry, the representatives of other services and departments, first of all, the law enforcement agencies directly depends on the speed of solving and the completeness of the investigation of each committed extremist crime, and this, in turn, affects the prestige of law enforcement agencies among the population and, as a result, the level of criminogenic situation. Despite the large number of recommendations available in the legal and specialized literature aimed at improving certain aspects of this type of activity of the person conducting the investigation, the dynamically developing criminal procedure legislation, as well as actively changing the operational-search and investigative practice, provide new food for analyzing the current state of interaction, in order to identify those newly emerging factors that negatively affect the organization and state of interaction of the main subjects of the investigation and which, ultimately, have a negative impact on the course and results of the investigation. In this regard, the authors aim to highlight some problematic issues that arise in the course of organizing and maintaining the proper level of interaction between the investigative body and other subjects of the investigation to ensure the prompt and comprehensive establishment of all the circumstances to be proved. Tasks: to describe the areas of interaction between the investigator and the body of inquiry during the investigation of crimes in cases of extremism; to give recommendations aimed at overcoming these problems. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are the methods of information processing and logical analysis, synthesis, induction, deduction and generalization. Results: the authors’ point of view on the problems associated with the organization of interaction between the investigator and employees of other services and departments of the law enforcement agencies in order to uncover and investigate crimes of extremism, as well as the proposed ways to solve them, based on the analysis of modern operational and investigative practice, trends in the development of the current criminal procedure legislation make it possible to use them in the practical activities of the authorized law enforcement officials in their practical activities aimed at solving and investigating crimes. Conclusions: as a result of the study, the existing problems determined by the changes in the criminal procedure legislation and operational and investigative practice are identified, and the ways to overcome them are proposed in order to inform students in the field of training “Jurisprudence”, teachers of law schools, as well as practitioners in order to better understand the specifics of the investigation of crimes of this category.

scholarly journals Wykorzystanie algorytmów w postępowaniu karnym (wybrane zagadnienia)

2020 ◽  
Vol 29 (5) ◽  
pp. 301
Author(s):  
Adam Taracha
Keyword(s):  
Law Enforcement ◽  
Mathematical Methods ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Face ◽  
Protection Of Human Rights ◽  
To Come ◽  
Using Data ◽  
The Times ◽  
Assessment Of Evidence

<p>The article analyzes attempts to apply mathematical methods in criminal cases since the times of J. Bentham and indicates the use of algorithms in the activities of law enforcement agencies in the detection process when it comes to the identification of people (based on the image of the face) and vehicles (based on the identification of license plates). The use of algorithms in the practice of criminal justice in the US was also discussed. In the opinion of the author, their use in a criminal trial (in the assessment of evidence and shaping the judgement) will still be only partial and sporadic for some time to come. There is no doubt, however, that their use will cause a lot of controversy. The main reason is the contradiction between the constantly increasing possibilities of collecting and using data about a person (thanks to, among others, algorithms) by law enforcement and judicial authorities and the protection of human rights and freedoms.</p>

scholarly journals Investigations using digital technology

2020 ◽  
Vol 217 ◽  
pp. 06015
Author(s):  
N.G. Shuruhnov ◽  
I.V. Voevodina ◽  
S.V. Stroilov ◽  
E.A. Maslennikova
Keyword(s):  
Law Enforcement ◽  
Digital Technology ◽  
Case Law ◽  
Evidence Base ◽  
Successful Completion ◽  
Important Goal ◽  
Law Enforcement Agencies ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Court Proceedings

Despite the fact that activities of authorized persons in during urgent investigative actions are episodic, the absence of responsibility for successful completion of investigation is unacceptable. In this case, law enforcement agencies are fulfilling a single socially important goal, and this should be realized by the relevant officials. Regarding the dynamics of accumulation of information during the investigation of a crime, it should be noted that during urgent investigative actions, an initial array of evidentiary information is formed, which is the result of transformation of initial background knowledge of relevant official regarding what happened under the influence of information obtained by investigative and operational means. The Criminal Procedure Law contains requirements both for the mechanical accumulation of a certain amount of evidence highlighting certain circumstances included in the subject of proof, and for their compliance with strictly established requirements. We are talking about the reliability, sufficiency, relevance and admissibility of evidence, which actually determine the possibility of ultimately using this information in deciding whether a person is guilty or innocent of committing a crime. The required amount of evidence that meets the requirements of reliability and sufficiency ensures the reliability of the evidence base in a criminal case. The evidence obtained should be assessed in the aggregate on the basis of the inner conviction of the person carrying out urgent investigative actions. Their use in the production of further investigation, in the course of court proceedings, depends on how procedurally correct evidence will be collected by the bodies of inquiry during the production of urgent investigative actions.

scholarly journals Translated Transcripts From Covert Recordings Used for Evidence in Court: Issues of Reliability

2021 ◽  
Vol 6 ◽  
Author(s):  
David Gilbert ◽  
Georgina Heydon
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Criminal Activity ◽  
Organised Crime ◽  
Complex Environment ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Nation States ◽  
Australian State ◽  
Using Data

Nation states increasingly apply electronic surveillance techniques to combat serious and organised crime after broadening and deepening their national security agendas. Covertly obtained recordings from telephone interception and listening devices of conversations related to suspected criminal activity in Languages Other Than English (LOTE) frequently contain jargon and/or code words. Community translators and interpreters are routinely called upon to transcribe intercepted conversations into English for evidentiary purposes. This paper examines the language capabilities of community translators and interpreters undertaking this work for law enforcement agencies in the Australian state of Victoria. Using data collected during the observation of public court trials, this paper presents a detailed analysis of Vietnamese-to-English translated transcripts submitted as evidence by the Prosecution in drug-related criminal cases. The data analysis reveals that translated transcripts presented for use as evidence in drug-related trials contain frequent and significant errors. However, these discrepancies are difficult to detect in the complex environment of a court trial without the expert skills of an independent discourse analyst fluent in both languages involved. As a result, trials tend to proceed without the reliability of the translated transcript being adequately tested.

INTERNATIONAL EXPERIENCE IN COORDINATING THE ACTION OF LAW ENFORCEMENT AGENCIES

2022 ◽  
Author(s):  
Sergii Melnyk ◽  
◽  
Alina Ignatievа ◽  
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Rule Of Law ◽  
Justice System ◽  
International Experience ◽  
International Treaties ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Legal Enforcement

The article researched international experience in coordinating the action of law enforcement agencies in modern international law. It is stated that, enforcement agencies are those institutions that enforce the laws, including election-related laws. Enforcement аs an important integrity mechanism as it deters those who might be interested in subverting the system as well as identifies and punishes those who have broken the law. The responsibilities for enforcing laws and codes are usually divided among different agencies, depending on the nature and severity of the problem. Initial investigations may start with the oversight agency, but can be referred to an enforcement agency if it was determined that legal enforcement was required. For example, potential criminal cases uncovered during a routine audit can be referred to the justice system. If the prosecuting authorities decide to pursue the case, they could charge and prosecute the alleged perpetrator, with a court pronouncing sentence if the defendant were found guilty. Jurisdictionally, there can be an important difference between international law enforcement agencies and multinational law enforcement agencies, even though both are often referred to as «international», even in official documents Effective enforcement requires a functioning legal system and a respect for the rule of law. An important factor in maintaining integrity in enforcement is the independence of the judiciary, as justice is supposed to be administered fairly, equally and impartially. The prevention, investigation and cessation of international and many domestic crimes, as well as the prosecution of those responsible for their commission, are not it is always possible alone, without the help of other states and international organizations. Achieving this goal requires states not only to proclaim unilateral declarations of intent, participation in the signing international treaties and the activities of international institutions, but also the actual implementation of joint and agreed activities aimed at combating transnational and domestic organized crime.

Crime Concealment as an Element of the Method of Committing Slave Trade and Slave Labor Use

2021 ◽  
pp. 231-237
Author(s):  
Alexander N. Kalyuzhnyi ◽  
◽  
Nikolai G. Shurukhnov ◽  
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Slave Trade ◽  
Homeless People ◽  
Criminal Cases ◽  
Slave Labor ◽  
Beauty Contests ◽  
Psychological Pressure ◽  
Illegal Activities ◽  
Travel Abroad

The authors examine the patterns of concealment of illegal activities in human trafficking and slave labor use, as well as patterns of the activities of law enforcement agencies in the disclosure and investigation of the analyzed crimes. The aim of the article is to substantiate the data on the concealment of the investigated crimes for their subsequent use in the disclosure and investigation of the analyzed illegal activity. In the research, the authors used legal, sociological and other methods of scientific knowledge: logical, comparative legal, statistical, modeling, and a number of others. The authors relied on the materials of 130 criminal cases on encroachments on human trafficking and slave labor use, the results of interviewing 320 law enforcement officers, scientific developments of other researchers on the issue under consideration, as well as statistical data from the Main International and Analytical Center of the Ministry of Internal Affairs of Russia and the Judicial Department at the Supreme Court of the Russian Federation. The study of the materials of criminal cases shows that the basis for the disclosure and investigation of perpetrators' criminal activities should be based on the regularities of the method of concealing the crimes under consideration reflected in the following typical forms: (1) concealment of the fact and traces of preparation for committing a crime: a) placing veiled ads with offers of employment, training, marriage services in the media, social networks, leaflets, etc.; b) holding fake “beauty contests”, “draw games”, and similar events, participants of which are offered work or study abroad; c) disseminating deliberately false information in order to attract future victims of slave trade and illegal exploitation in certain social groups: prostitutes, drug addicts, unemployed, homeless people, etc.; d) conspiring in finding accomplices, means of communication, places of detention of victims, means of physical and psychological pressure on the victim; (2) conspiracy of the direct commission of a crime: a) disguising it as legitimate; b) falsifying documents that allow victims to travel abroad; c) concealing places of detention of victims and organizing victim safe-keeping; d) seizing identity documents from victims; e) using SIM cards registered to unauthorized persons, f) veiled advertising of activities to search for consumers of sexual and other services; (3) disguise or destruction of traces of the committed crime: destruction of clothing and belongings of the victim, erasing the traces left. Thus, in the course of the analysis of the literature and criminal case materials on human trafficking and slave labor use, forensically significant data on the concealment of the investigated crimes were substantiated; the knowledge of these data should be used in the course of the disclosure and investigation of such crimes.

Conclusion

2021 ◽  
pp. 197-204
Author(s):  
Sara H. Lindheim
Keyword(s):  
The Body ◽  
The Subject ◽  
To Come ◽  
Specific Manifestation

The conclusion takes a final, closer look at empire’s toll on the subject in elegy. The juxtaposition of the puella of erotic elegy with the exiled Ovid in Chapter 5 highlights the differences between the ways that the aggressive pressure on Roman fines affect our textual characters. For the puellae, from Catullus to Ovid, the encounter, without fail, has consequences at the level of the body, although the specific manifestation is different in each text (or set of texts). The effects are not the same for the masculine subject. His corporeal self escapes the pressures, but as a subject he comes, or threatens to come, unhinged, incoherent, unstable.

The Role of Covert Policing and the Use of Its Results in Criminal Proceedings Involving Unlawful Restraint for Ransom

2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
The State ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Specific Manner ◽  
The Subject ◽  
Ultimate Objective ◽  
High Level

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.

scholarly journals Environmental surveying systems and effectiveness of actions in the Brazilian mazon

2021 ◽  
Vol 12 (2) ◽  
pp. 13-47
Author(s):  
Eduardo Frederico Cabral de Oliveira ◽  
José Francisco de Oliveira Júnior ◽  
José Augusto Ferreira da Silva
Keyword(s):  
Law Enforcement ◽  
Field Survey ◽  
Field Research ◽  
Law Enforcement Agencies ◽  
Main Research ◽  
Political Consequences ◽  
Qualitative And Quantitative ◽  
Material Resources ◽  
Police Agencies ◽  
The Subject

Weak governance over the Brazilian Amazon is jeopardizing both social and environmental balance. Moreover, the loss of this balance can have severe social, economic, and political consequences at local, national, and global levels. Therefore, we plan to answer how the Brazilian forest is being protected based on the perspective of the environmental military police integrating all states of the so-called Legal Amazon. The study came from a field survey conducted through a questionnaire sent to those police agencies. The research is based on exploratory and descriptive methods of qualitative and quantitative approach with both field research and literature review on the subject. We sought to evaluate publications that satisfactorily described the “state of the art” of the main research on the topic, as we strove for the quality and comprehensiveness of the research, and a field survey through a questionnaire applied to law enforcement agencies. The responses were organized into four groups, allowing an overview of the environmental inspection in the region. Although the Amazon Rainforest is the largest tropical rainforest in the world, it has been found that states in the region devote little human and material resources to its protection. They are insufficient, tactically, and strategically under-employed, poorly distributed, and for the most part, far below the national average, which is already lower than recommended by international bodies which dedicate to the protection of nature.

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