scholarly journals Towards Standardization of Forensic Services across the Commonwealth of Independent States

2016 ◽  
pp. 26-30 ◽  
Author(s):  
A. I. Usov ◽  
S. A. Kuz’min
Keyword(s):  
Quality Assurance ◽  
Law Enforcement ◽  
Due Process ◽  
Commonwealth Of Independent States ◽  
Forensic Practice ◽  
Due Process Of Law ◽  
Independent States ◽  
Special Knowledge ◽  
Structured System

The paper outlines the role of such innovations as standardization and quality assurance in forensic operations conducted on the territory of the Commonwealth of Independent States (CIS). Rationales are provided for pathways towards standardization of forensic practice as a means of improving the efficiency of forensic contribution to the due process of law by resolving issues that require special knowledge. The authors examine different approaches to the understanding of quality in forensic practice and offer a definition that reflects the hierarchically structured system of law enforcement and courts' forensic needs.

Due process implications of law enforcement agencies using Investigative Genetic Genealogy to solve serious crimes

2021 ◽  
pp. 1037969X2110072
Author(s):  
Rhanee Rego ◽  
John Anderson
Keyword(s):  
Law Enforcement ◽  
Due Process ◽  
Criminal Procedure ◽  
Law Enforcement Agencies ◽  
Dna Databases ◽  
Genetic Genealogy ◽  
Legislative Reform ◽  
Critical Questions ◽  
Forensic Practice

Investigative Genetic Genealogy (IGG) has opened up new frontiers in the search for the perpetrators of serious crimes. The pool of data held by consumer DNA databases has enabled law enforcement agencies to undertake database matching to find biological relatives of an unknown perpetrator. This relatively new forensic practice is not, however, without concerns when benchmarked against established norms of investigative practice and criminal procedure. The critical questions emerge: how should IGG be used and in what circumstances? In this article, we contend that the current laws in Australia are not capable of regulating IGG appropriately and legislative reform is required.

COOPERATION OF CIS MEMBER STATES ON SECURITY ISSUES

2021 ◽  
pp. 102-111
Author(s):  
Irina E. Khanova ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Justice System ◽  
Early Stage ◽  
Member States ◽  
Commonwealth Of Independent States ◽  
Legal Norms ◽  
Security Issues ◽  
Independent States ◽  
The Russian Federation

Throughout the period of the existence of the Commonwealth of Independent States, mechanisms were formed to determine the topical direc- tions of joint lawmaking, to jointly develop and implement legal norms, to work on the approximation of national legislations, etc. Already at an early stage of the functioning of the Commonwealth of Independent States, the cooperation of national prosecutor’s offices acquired special significance, as evidenced by the establishment of the Coordination Council of Prosecutor- Generals of Commonwealth Member States in 1995. The present article studies the basic aspects of the interaction between prosecutor’s offices in the Commonwealth of Independent States in the protection of the human and civil rights and free- doms. The article also looks at the dynamics of offending in Commonwealth countries and analyses the factors influencing it; it gives examples of reforms to criminal law and criminal procedure in some Commonwealth countries aimed at making the justice system more effective and protecting the rights and freedoms of citizens. The author pays particular attention to the work of the Russian prosecution services, stressing that the experience of lawmaking and the law enforcement practices of the Russian Federation may be of use in the practical work of the general prosecutor’s offices of the post-Soviet countries that are members of the Commonwealth of Independent States.

scholarly journals The Missing Algorithm: Safeguarding Brady Against the Rise of Trade Secrecy in Policing

2021 ◽  
pp. 157
Author(s):  
Deborah Won
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Due Process ◽  
Trade Secret ◽  
Intellectual Property Protection ◽  
The State ◽  
Police Departments ◽  
Power Asymmetry ◽  
Due Process Rights

Trade secrecy, a form of intellectual property protection, serves the important societal function of promoting innovation. But as police departments across the country increasingly rely on proprietary technologies like facial recognition and predictive policing tools, an uneasy tension between due process and trade secrecy has developed: to fulfill Brady’s constitutional promise of a fair trial, defendants must have access to the technologies accusing them, access that trade secrecy inhibits. Thus far, this tension is being resolved too far in favor of the trade secret holder—and at too great an expense to the defendant. The wrong balance has been struck. This Note offers three contributions. First, it explains the use of algorithms in law enforcement and the intertwined role of trade secrecy protections. Second, it shows how trade secrecy clashes with the Due Process Clause—the Constitution’s mechanism for correcting the power asymmetry between the state and the defendant—and argues that due process should not waver simply because a source of evidence is digital, not human. Third, it proposes a solution that better balances a defendant’s due process rights with intellectual property protections.

scholarly journals The Effectiveness Of Qanun Aceh No. 6/2014 Of Jinayat Law In Order To Prevent Jinayah Khalwat In Law Territory Of Sabang Municipality

2018 ◽  
Vol 1 (2) ◽  
pp. 191
Author(s):  
Webby Aditya
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Due Process ◽  
Civil Service ◽  
Research Result ◽  
Legal Issues ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
The Third ◽  
Due Process Of Law

Article 23 paragraph (1) of Aceh Islamic Criminal Law No 6 of 2014 tells about Indecency (Jinayat) law which regulates the criminal punishment for the perpetrator of jarimah khalwat. This article is expected can minimize the crime rate of the indecent (jinayah) behavior perpetrator. However, in fact the number of jarimah khalwat perpetrator increase steadily as what happened in Sabang Municipality law area. It proves that there were two legal issues, what is the causes of the ineffectiveness of the indecency (jinayat) law in minimizing the number of jinayat perpetrator in Sabang Municipality? This research was aimed to know the obstacle of the increasing jinayat khalwat issue which make jinayat law become ineffective in minimizing jinayat khalwat perpetrators in Sabang Municipality, and to know the efforts conducted by the Civil Service Police Unit, Sharia Policy, and Office of the District Prosecutor General of Sabang Municipality and to know the factor which causes the number of jinayah khalwat perpetrator in Sabang Municipality. The research method used in this research was empirical juridical empirical using case approach, historical approach, comparative approach, conceptual approach, and statute approach). The research result shown that there were 3 effectiveness obstacle factors  of jinayat law in Sabang Municipality, the first obstacle of jinayat law is the bad regulation because the punishment is an alternative not a cumulative  and for those who deal with the jinayat law is potentially punished with canning punishment in public, the application of jinayat law normatively is in contrary with the basis of personality and territoriality which causes this law contrary with the fair legal system (due process of law). The second factor which becomes the obstacle related to quality and quantity of the human resource of the law enforcement, law understanding and the number of personnel investigator of the Civil Service Police Unit and Sharia Police of Sabang Municipality was limited. The third factor, there is no special jinayah prison cell in the Civil Service Police Unit and Sharia Police of Sabang Municiplaity

scholarly journals Initiation of a Criminal Case for an Offence in the Field of Computer Information: Russian and Foreign Experience

2021 ◽  
Vol 16 (12) ◽  
pp. 156-166
Author(s):  
M. V. Zhizhina ◽  
D. V. Zavyalova
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
Criminal Case ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Legal Entity ◽  
Foreign Experience ◽  
Forensic Practice ◽  
Special Knowledge

The paper examines the theoretical and practical foundations of the initiation of criminal cases for crimes in the field of computer information. The stage of pre-investigation verification of a crime report is quite difficult due to the need to identify and consolidate the trace picture, requires the involvement of special knowledge in the field of information technology, the performance of certain actions, including of a technical nature, etc. Based on the analysis of domestic and foreign sources carried out by the authors, generalization of forensic practice and procedural regulation, an algorithm has been developed for conducting a pre-investigation check of reports of a crime of this type. Particular attention is given to tactical recommendations for interviewing a victim, namely an individual and a legal entity. Other verification and investigative actions are presented, depending on typical versions and situations. The operational search measures used to establish the fact of a crime are considered separately. At the same time, the generalization of the forensic practice of investigating crimes in the field of computer information and the questioning of representatives of law enforcement agencies made it possible to identify certain problematic points related to the pre-investigation verification of reports on these crimes, including the procedure for the treatment of victims with reports of incidents, with information from open sources of cyberspace within the framework of operational-search activities, etc. Based on the results of the research conducted by the authors, effective foreign practices are proposed, the transfer of which to domestic soil will help reduce the latency of these crimes, increase the efficiency of investigation and disclosure of this category of criminal cases.

scholarly journals Institusi Inklusif Primum Non Nocere Kesejahteraan Sosial

PERSPEKTIF ◽  
2020 ◽  
Vol 9 (2) ◽  
pp. 119-129
Author(s):  
Dadang Hartanto
Keyword(s):  
Economic Growth ◽  
Law Enforcement ◽  
Social Welfare ◽  
Political Institutions ◽  
Due Process ◽  
Tax Revenue ◽  
Do No Harm ◽  
Due Process Of Law ◽  
Institutional Model ◽  
Two Sides

The institutional model that works in a country in economic and political aspects influences social welfare. In the inclusive institutional model the principle that must be held is primum non necere or fisrt do no harm for social welfare. Proponents of the state must not suffer the lives of their people. In this paper it is reinforced that politics and economics are two sides of a coin that encourage and influence social welfare. Inclusive institutions always deal with extractive institutions. Daron Acemogle and James A. Robinso (2012) in their book Why Nations Fails reveal that economic growth and prosperity are associated with inclusive economic and political institutions, while extractive institutions typically lead to stagnation and poverty. Indonesia has the opportunity to have extractive institutions and therefore must be prevented by implementing democracy seriously and independent law enforcement based on due process of law. Inclusive institutions must be realized so that Indonesia can become a healthy and strong country. One of the health and strength of a country is determined by its economic strength which contributes to development and fiscal strengthening. Fiscal is built one of them by increasing tax revenue because of the contribution of taxation to the fiscal average of 77.6%

FORUM OF RECTORS OF THE LIBERAL ARTS UNIVERSITIES AND DEANS OF THE LIBERAL ARTS FACULTIES OF THE CIS COUNTRIES (4 DECEMBER 2020)

2021 ◽  
pp. 122-133
Author(s):  
Irina E. Khanova ◽  
Keyword(s):  
Digital Technology ◽  
Liberal Arts ◽  
Commonwealth Of Independent States ◽  
Humanities Education ◽  
Thirtieth Anniversary ◽  
Force Majeure ◽  
The World ◽  
Independent States ◽  
Cis Countries

The article reviews the last (December 4, 2020) meeting of the Forum of principals of the humanities universities and deans of the humanities faculties of member states of the Commonwealth of Independent States, which coincided with the thirtieth anniversary of the Commonwealth. The main source is the shorthand report of the Forum online meeting. By pointing out that the Forum was attended by representatives of seven member coun- tries of the Commonwealth of Independent States (Uzbekistan, Kazakhstan, Tajikistan, Kyrgyzstan, Belarus, Moldova and Armenia), the author reports that the plenary panels of the Forum discussed new forms of cooperation in the pandemic, the issues of using digital technology in the humanities education and the development of distance learning methods. Stating that the coronavi- rus pandemic that broke out on the cusp of the years 2019 and 2020 was the greatest challenge to the world education and science, forum participants could not but discuss the mental state of students, teachers and researchers who have continued to perform their duties under the force majeure conditions. The participants of the Forum made a point of the ever-increasing role of modern media, which act nowadays as specific tool for building a common scientific and educational space in the post-Soviet region.

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