scholarly journals CYBERCRIME COMPARISON UNDER CRIMINAL LAW IN SOME COUNTRIES

2018 ◽  
Vol 5 (2) ◽  
pp. 217
Author(s):  
Andri Winjaya Laksana

Cybercrime has been become a major portion for law enforcement agencies and intelligence services to both national and international matter, development of information and technology’s crime resulted in every country have a different policy of criminalization. The emphasis on cross-country has made a crime on the internet is not just a national issue, but has become an International problem. therefore it is important to have uniformity in the prevention of cybercrime that this crime can be solved. Based on the comparison of cybercrime that included the rules from various countries including the United States, Singapore, the Netherlands, the Philippines, Myanmar as a reference in the application of criminal law enforcement regulations regarding cybercrime seal the document.

2020 ◽  
pp. 161-172
Author(s):  
Ian J. Lloyd

Computer related crime features increasingly prominently in criminal statistics. As we move towards a cashless society where money is represented by data held on a computer system, so the range and scale of conduct is assuming almost epidemic proportions. Significant issues arise whether and where particular forms of conduct constitute criminal offences. These decisions have historically been a matter for national authorities. As with many issues covered in this book, the emergence of the Internet has brought about significant changes as it has become increasingly apparent that national legislation can be of limited effectiveness. Although cross-border conduct has occurred for very many years and the doctrine of extradition is a well-established one, such actions were the exception to a norm in which all aspects of conduct occurred in a single jurisdiction. The United Kingdom’s legislative history in the field of computer related crime date to the Computer Misuse Act of 1990. In many respects, this legislation restated the position that had been reached under common law where a number of cases had determined that computer related conduct could be prosecuted under existing provisions of the criminal law. In 2001 the Council of Europe Cybercrime Convention was opened for signature and remains the most significant international instrument in the field, having been ratified by almost all European States and a number, including the United States, of non-European jurisdictions. As well as making provision for harmonising substantive criminal offences, there have been moves to enhance cooperation between law enforcement agencies at a procedural level.


Author(s):  
Геннадий Шкабин ◽  
Gennadiy Shkabin

For a relatively long time there is consideration of criminal law maintenance for secrecy activity of law enforcement agencies in order to combat crime in the legislation, judicial practice and jurisprudence of some foreign countries. In many states this process has undergone numerous changes. The article presents the experience of legal regulation of causing harm during performance of activities, which is called operational-investigative in Russia. The provisions of legal acts and court decisions of Australia and the United States as the countries with the most developed regulatory and scientific basis for solving these problems are analyzed. It is noted that in both countries the root cause of the formation of the regulatory framework dedicated to harm causing during covert operations were specific criminal cases. The legislation of Australia, which establishes the procedure for controlled operations causing harm to the objects of criminal law protection, is considered. The conditions of the legitimacy of the controlled behavior are described. Attention is paid to the border admissibility of acts as well as the release of the Australian legislator since 2010, the so-called auxiliary crime during a controlled operation. Legal maintenance for acts of secret FBI employees in USA, conditions of their lawful conduct and the limits of harm causing are described. The author comes to a conclusion that the representatives of US law enforcement-enforcement agencies have extremely broad powers during operational implementation. Based on the review conclusions, including and recommendations for the improvement of the Russian legislation are drawn.


2016 ◽  
Vol 3 (1) ◽  
pp. 82-95 ◽  
Author(s):  
Amada Armenta

Deporting “criminal aliens” has become the highest priority in American immigration enforcement. Today, most deportations are achieved through the “crimmigration” system, a term that describes the convergence of the criminal justice and immigration enforcement systems. Emerging research argues that U.S. immigration enforcement is a “racial project” that subordinates and racializes Latino residents in the United States. This article examines the role of local law enforcement agencies in the racialization process by focusing on the techniques and logics that drive law enforcement practices across two agencies, I argue that local law enforcement agents racialize Latinos by punishing illegality through their daily, and sometimes mundane, practices. Investigatory traffic stops put Latinos at disproportionate risk of arrest and citation, and processing at the local jail subjects unauthorized immigrants to deportation. Although a variety of local actors sustain the deportation system, most do not see themselves as active participants in immigrant removal and they explain their behavior through a colorblind ideology. This colorblind ideology obscures and naturalizes how organizational practices and laws converge to systematically criminalize and punish Latinos in the United States.


2021 ◽  
pp. 104398622199988
Author(s):  
Janice Iwama ◽  
Jack McDevitt ◽  
Robert Bieniecki

Although partnerships between researchers and police practitioners have increased over the last few decades in some of the largest police agencies in the United States, very few small agencies have engaged in a partnership with a researcher. Of the 18,000 local police agencies in the United States, small agencies with less than 25 sworn officers make up about three quarters of all police agencies. To support future collaborations between researchers and smaller police agencies, like those in Douglas County, Kansas, this article identifies challenges that researchers can address and explores how these relationships can benefit small police agencies across the United States.


2020 ◽  
Vol 7 (4) ◽  
pp. p119
Author(s):  
Ansia Storm

Purpose—The purpose of this paper was to compare three first-world countries’ law enforcement agencies to those of South Africa. The aim was to identify areas where South Africa’s agencies can improve to take the fighting of corruption to a higher level, and in doing so, improve their ranking on Transparency International’s scale, and their Corruption Perception Index.Design/methodology/approach—The author compared South Africa’s law enforcement agencies to those of the United States, the United Kingdom, and Australia to identify possible areas where South Africa’s agencies can improve.Findings—The results indicate preliminary support for areas in South Africa’s law enforcement agencies that need restructuring and improvement.Practical implications—Improved law enforcement agencies will assist in the fight against corruption, improving South Africa’s corruption perception index (among others), which might encourage foreign investment.Originality/value—The results of this study point to opportunities to strengthen law enforcement agencies in South Africa, which will result in improved crime-fighting abilities, higher prosecution rates, and improved crime statistics.Research limitations—Law enforcement agencies (which deals with corruption in general) from the USA, the U.K., and Australia will be explored and compared with those of South Africa.


2020 ◽  
Vol 3 (1) ◽  
pp. 13
Author(s):  
Davina Shanti

Organized crime is often associated with traditional criminal groups, such as the mafia or outlaw motorcycle gangs; however, new research suggests that cybercrime is emerging as a new branch of organized crime. This paper is focused on the changing nature of organized crime and the factors that influence this shift, particularly in the online space. It will address the question: Can the law identify cybercrime as organized crime? The results of this paper are informed by an in-depth analysis of peer-reviewed articles from Canada, the United States (US), and Europe. This paper concludes that cybercrime groups are structured and operate similarly to traditional organized crime groups and should, therefore, be classified as a part of traditional organized crime; however, cybercrime groups are capable of conducting illicit activities that surpass those typically associated with traditional organized crime. This shift suggests that these groups may represent a larger threat creating a new challenge for law enforcement agencies.


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