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 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.

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.

Systematic Government Access to Private-Sector Data in Israel

2017 ◽  
Author(s):  
Omer Tene
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Attorney General ◽  
Law Enforcement Agencies ◽  
Competing Interests ◽  
Government Power ◽  
Protection Of Human Rights ◽  
Constitutional Right ◽  
The One ◽  
Sector Data

Israel is a democracy committed to the protection of human rights while at the same time trying to contain uniquely difficult national security concerns. One area where this tension is manifest is government access to communications data. On the one hand, subscriber privacy is a constitutional right protected by legislation and Supreme Court jurisprudence; on the other hand, communications data are a powerful tool in the hands of national security and law enforcement agencies. This chapter examines Israel’s attempt to balance these competing interests by empowering national security agencies while at the same time creating mechanisms of accountability. In particular, Israel utilizes the special independent status of the attorney general as a check on government power.

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.

DIRECTIONS OF IMPROVEMENT OF MECHANISMS OF INFLUENCE OF CIVIL SOCIETY ON STATE REGULATION OF LAW ENFORCEMENT ACTIVITY

2017 ◽  
Author(s):  
Irina Zhukova ◽  
◽  
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
State Regulation ◽  
The State ◽  
Maximum Efficiency ◽  
Law Enforcement Agencies ◽  
Protection Of Human Rights ◽  
Key Aspects ◽  
Enforcement Activity ◽  
Regulation Of Law

The role and significance of the influence of civil society on the processes of state regulation of law enforcement activities are revealed. The key aspects of state regulation of law enforcement activity under the condition of active influence of civil society representatives on it are revealed. The main factors of the influence of civil society on the activity of law enforcement bodies, which play an important role in the processes of ensuring the proper functioning of the system of state regulation of law enforcement activities in Ukraine, are substantiated. It is substantiated that in order to effectively perform the tasks assigned to law enforcement agencies, these structures interact with representatives of the public sector. It is proved that interaction with civil society of the law enforcement system is an important aspect to increase the effectiveness of these bodies in ensuring the protection of human rights and freedoms, public order and security, the interests of society and the state, as well as combating crime. Conclusions are formed regarding the content of new approaches to the organization of law enforcement agencies' work with the population, public organizations and local self-government bodies in the field of law enforcement. The complex of the existing administrative measures for achievement of the maximum efficiency of functioning of system of the state regulation of law enforcement activity in a foreshortening of influence of representatives of civil society on it is considered. Current trends and priority areas for improving the mechanisms of civil society influence on state regulation of law enforcement, in particular, the administrative and legal direction on a partnership basis, are outlined.

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 Penal Mediation as the Concept of Restorative Justice in the Draft Criminal Procedure Code

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Emmanuel Ariananto Waluyo Adi
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Procedural Law ◽  
Private Realm ◽  
Procedure Code ◽  
The Law

The law recognizes both litigation and non-litigation settlement mechanisms, but it is almost not explicitly regulated for non-litigation settlement in criminal cases. Non-litigation in criminal recognizes the concept of restorative justice for the public interest, which is different from the private realm in civil. The concept of restorative justice exists to rehabilitate the state of criminals so that they are accepted back into the community. The concept of restorative justice is manifested in the mediation mechanism in criminal law in the form of penal mediation, but penal mediation does not yet have a legal umbrella. The non-progressive normative application of the law results in the overcapacity of prisons/remand centres. Currently, the Draft Criminal Procedure Code (hereinafter as RKUHAP) is being drafted, which does not yet regulate the application of non-litigation solutions. Later, it can be applied by law enforcement agencies so that problems such as overcapacity prisons are resolved and the creation of peaceful order in the community. This study aims to provide a view of the concept of penal mediation in criminal procedural law to serve as an aspiration for the consideration of the parties involved in the preparation of the substance of the RKUHAP. This paper uses a normative approach with technical analysis using hermeneutic analysis and interpretation methods.

scholarly journals FEATURES OF INVESTIGATION OF IMPROPER PERFORMANCE OF PROFESSIONAL DUTIES BY MEDICAL AND PHARMACEUTICAL WORKERS

2020 ◽  
pp. 290-298
Author(s):  
K. Yanishevska
Keyword(s):  
Higher Education ◽  
Law Enforcement ◽  
Evidence Base ◽  
Medical Professional ◽  
Document Management ◽  
Primary Data ◽  
Medical Law ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Criminal Offenses

The article is devoted to current issues and features of the investigation of improper performance of professional duties by a medical or pharmaceutical worker. Since recently the sphere of medical care has been increasingly suffering from a large number of criminal attacks, and the results of the investigation and evidence of guilt of the subjects of the crime require higher results, it would be appropriate to pay attention to the problems that law enforcement agencies today have to investigate this category criminal assaults. The main proposals regarding the investigation process of the improper performance of professional duties by medical workers are indicated. The article analyzes statistical data that record a sufficiently large number of these criminal offenses, but the results of the consideration of these cases are imperfect. This is due to the complexity of the investigation of this category of cases, in particular their latency, insufficient evidence base, caused by the possibility of concealment or distortion of facts, etc. To ensure an objective review of the case, namely, for the reliability and completeness of medical data, based on which the evidence base is built, it is proposed to use an electronic healthcare system, in particular, an electronic document management system, which, due to modern technologies for recording primary data, could eliminate the possibility of destruction of evidence (medical certificates, test results, medical history, etc.) and their further falsification. To solve the problem of the lack of a methodology for investigating the improper fulfillment of professional duties by a medical or pharmaceutical worker, it is proposed to develop forensic issues regarding both the tactics of investigative actions and other aspects of the investigation of these criminal cases. It is also proposed in the article to involve a doctor as a specialist in the interrogation of a medical professional, as he or she can formulate (with the permission of the investigator) those questions, the answers to which will give the necessary information to the experts who will subsequently conduct the examination. Attention is also drawn to the fact that investigating crimes committed by healthcare professionals requires special competence and special training for investigators. Today, such discipline as Medical Law is taught only in some institutions of higher education in the training of specialists in specialty 081 Law, not to mention the educational program for bachelors or masters with the same name. Despite this, it would be appropriate in higher education institutions conducting training for law enforcement personnel to introduce the discipline Medical Law, and for the most investigators investigating medical crimes, introduce an advanced training courses, trainings, online conferences that provided students with deeper knowledge about the features of the organization of the investigation of improper performance of professional duties by a medical or pharmaceutical worker.

I and II Esdras

1974 ◽  
Author(s):  
Jacob M. Myers
Keyword(s):  
Old Testament ◽  
Theological Seminary ◽  
Near Eastern ◽  
The World ◽  
The Face ◽  
To Come ◽  
The Times

I and II Esdras is Volume 42 in the Anchor Bible series of new book-by-book translations of the Old and New Testaments and Apocrypha, each by a preeminent scholar. Jacob M. Myers is Professor of Old Testament at the Lutheran Theological Seminary in Gettysburg and the author of three earlier volumes in the series: I Chronicles and II Chronicles and Ezra, Nehemiah. The present work constitutes the first English commentary on I Esdras in sixty years and the first on II Esdras in forty. Written about 10 BCE, I Esdras is a history ranging from the pious reign of Josiah to the religious reforms of Ezra. For this period Josephus follows I Esdras in his Antiquities of the Jews. An apocalyptic work, written 250 years later, II Esdras seeks to offer strength, courage, and hope to those whose faith was severely shaken in the gloom and despondency that followed upon the fall of Jerusalem in A.D. 70. Its chief purpose was to inspire trust in God and the ultimate triumph of righteousness, if not in this world, then in the world to come. “Tracts for the times such as II Esdras,” writes Dr. Myers in his preface, “have a message for us who in a revolutionary age are obsessed with the impatience reflected by Ezra; it was not that he lacked faith in God but that he, like Job, questioned his ways and the delay, perhaps seeming inactivity, in the face of what appeared to the prophet to be terrible urgencies. The questions posed are still asked in the context of our age.” Eight photographs of ancient Near Eastern sculpture and coins help the reader visualize both the events recounted in I Esdras and the apocalyptic imagery in II Esdras. Each book has its own introduction and bibliography.

Compensation as a Police Candidate Attraction Tool: An Organizational-Level Analysis

2017 ◽  
Vol 20 (4) ◽  
pp. 397-419 ◽  
Author(s):  
Matthew J. Giblin ◽  
Phillip M. Galli
Keyword(s):  
Law Enforcement ◽  
Organizational Level ◽  
Full Time ◽  
Law Enforcement Agencies ◽  
Local Law Enforcement ◽  
Police Agencies ◽  
Local Law ◽  
State And Local ◽  
Using Data ◽  
Law Enforcement Management

In 2008, state and local law enforcement agencies hired 61,000 new full-time sworn personnel. To develop a sufficient applicant pool, organizations may use a variety of attraction strategies, including financial inducements, especially when broader factors lessen the appeal of a job. Using data from the 2007 and 2013 Law Enforcement Management and Administrative Statistics survey, the present study tests whether unfavorable contingencies (e.g., high cost of living, rigorous application standards) are related to officer compensation—pay, supplemental incentives, and reimbursements—within a sample of large metropolitan police agencies. Results are generally consistent with contingency theory, at least with respect to salaries. Departments offer higher salaries to offset more rigorous hiring standards, high costs of living, and other unfavorable contingencies. The implications of the findings for police officer recruitment are discussed.

Sign in / Sign up

Export Citation Format

Share Document