scholarly journals TACTICAL TECHNIQUE: DEFINITION LOGIC NEEDS REVISION

2020 ◽  
Vol 6 (4) ◽  
pp. 112-119
Author(s):  
A. B. Sokolov

To understand the essence of the phenomenon under study allows the appropriate and correct use of concepts. Today we can meet cases when an erroneous understanding of the meaning of the terms used leads to a false interpretation of their meaning. We believe that a similar situation develops in forensics when studying the concept of tactical technique. In the article, based on the analysis of the opinions of forensic scientists, the definitions and signs of a tactical technique presented in the science of forensic science are investigated. The conclusion is drawn about their ambiguity. The author's understanding of a tactical technique is presented, indicating its essential features: 1) mode of action, 2) compliance with certain criteria of admissibility. The article describes the content component of each of these signs. An analysis of the positions of forensic scientists is given, on the basis of which it is concluded that the criteria for the admissibility of a tactical technique should include scientific validity and predictable effectiveness. Indicators of the predicted effectiveness of tactical reception are determined. It is concluded that legality and ethics should be considered as a fundamental idea, guiding principles, extending to the activities of the law enforcement officer as a whole. The criteria for the admissibility of a tactical technique should be understood and studied as a particular manifestation of this activity, which is subject to the general principles of conducting a preliminary investigation. It is stated that the essential features of a tactical technique and its acceptance criteria are not the same thing. The terms criteria of admissibility of tactical technique and criteria of admissibility of using tactical technique are related. Considering that they are one and the same, it is concluded that there is no expediency of using the term criterion of admissibility of the use of a tactical technique in forensic science.

2008 ◽  
Author(s):  
Glenn E. Meyer ◽  
Carolyn B. Becker ◽  
Melissa M. Graham ◽  
John S. Price ◽  
Ashley Arsena ◽  
...  

2020 ◽  
Vol 6 ◽  
pp. 35-44
Author(s):  
L. A. Shmarov ◽  

Based on the analysis of citizens’ claims against medical organizations, as well as on the basis of the analysis of the courts’ consideration of such claims, significant differences were found in the amount of compensation for non-pecuniary damage under various conditions related to both the condition of the victim of medical assistance rendered with defects and on the number of patients. It was shown that it is necessary to further accumulate material in order to obtain a more objective picture of satisfied claims and unification in the Russian Federation. Similar calculations can be carried out for other situations related to the possibility of causing moral harm, for example, disseminating information defaming the honor and dignity of a citizen, or compensating moral harm caused by unlawful actions of a law enforcement officer during criminal proceedings. Using the established average values, the court can, on the basis of established factual circumstances, calculate the amount of compensation for non-pecuniary damage in a particular case.


2021 ◽  
Vol 81 (2) ◽  
pp. 97-103
Author(s):  
V. O. Gusieva

The author has substantiated the need to establish the circumstances to be clarified and has determined their significance during the investigation. It has been emphasized that the circumstances to be clarified include the circumstances to be proved in criminal proceedings, criminal and forensic characteristics of a criminal offense. In order to determine the circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer, the author has studied the circumstances to be clarified within the group of criminal offenses related to obstruction of the activities of a law enforcement officer, as well as during the investigation of interference in the activities of a forensic expert. Taking into account the specified scientific provisions, the author has defined a detailed list of circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer. It has been established that the circumstances to be clarified during the interference in the activities of a law enforcement officer include: 1) circumstances related to the criminal offense, namely: time, place, situation and traces of a criminal offense, methods of its commission (preparation, direct commission and concealment), tools and means used during the interference, the scope of procedural costs; circumstances that are the basis for ceasing criminal proceedings; the reasons and conditions that contributed to the commission of a criminal offense; 2) circumstances related to the identity of the victim, including: socio-demographic characteristics of the victim, place of work, position held; official and functional responsibilities, the victim’s belonging to a law enforcement agency during the commission of a criminal offense against him; the type and scope of damage caused to the victim; 3) circumstances related to the identity of the offender, namely: socio-demographic data of the offender, physiological and psychological condition, gender, citizenship, financial status, place of work, the record of criminal conviction and the facts of bringing to administrative liability; the presence of dependent disabled people; the presence of guilt in the form of direct intent, the purpose of the action; circumstances that aggravate or mitigate the punishment of the offender are grounds for releasing from criminal liability or punishment that exclude criminal liability; presence of accomplices.


2003 ◽  
Author(s):  
Vincent B. Van Hasselt ◽  
Donald C. Sheehan ◽  
Alfred H. Sellers ◽  
Monty T. Baker ◽  
Cori-Ann Feiner

2015 ◽  
Author(s):  
Elizabeth A. Mumford ◽  
Bruce G. Taylor ◽  
Bruce Kubu

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