scholarly journals THE USE OF A POLYGRAPH DURING THE INVESTIGATION OF MURDERS INVOLVING DOMESTIC VIOLENCE

2020 ◽  
Vol 21 (1) ◽  
pp. 66-78
Author(s):  
K. Shapoval
Keyword(s):  
Domestic Violence ◽  
Developed Countries ◽  
Scientific Paper ◽  
The United States ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Criminal Offenses ◽  
Psychophysiological Examination ◽  
Device Use

The article considers the application of a polygraph (lie detector) psychophysiological examination while the investigation of criminal offenses, namely murders committed with domestic violence. The current legislation of Ukraine, which regulates the application scope of examination with the use of a polygraph, its problems and prospects for development is analyzed. The article purpose is to analyze the essence of polygraph (lie detector) psychophysiological examination, establish the principles of its application, the basic requirements for persons in respect of whom a polygrtaph is used, identify the role of psychophysiological examination in the investigation of murders involving domestic violence. When conducting scientific research, the dialectical method was used, that is all the phenomena connected with the use of a polygraph in their interconnection, interdependence and the device historical development were analyzed. The operation of the device with the help of which a polygraph psychophysiological examination is carried out were described using the methods of analysis and synthesis. Besides, the methods of modeling, deduction, observation, etc. Were used in the preparation of scientific paper content. Having analyzed the practice of using a polygraph in the world in many countries, we can admit that polygraph psychophysiological examination is regulated by a specific law, or by specific legal norms or regulatory legal acts, is appointed and conducted in case of inconsistencies while criminal offenses investigation, namely: when there are direct contradictions between the testimony of the investigation participants; when there is a contradiction between the testimony of the interrogated persons and other evidence in the criminal case; when there is no evidence in the case. Ukraine is only at the stage of legalizing the use of polygraphs during criminal offenses investigation. This is evidenced by the bills, in particular: 3611 dated 10.12.2015 “On supplementing the Criminal Procedural Code of Ukraine with provisions on the use of a polygraph (lie detector)” 4094 dated 17.02.2016 “On protection of the persons rights undergoing polygraph test (examination)” 4094-1 dated 04.03.2016 “On polygraph activity” The use of a polygraph while psychophysiological examination in the activities of Ukrainian law enforcement agencies is not actively applied. This situation arises due to subjective and objective reasons, one of which is gaps in the legislation; but we are on the way to regulating such relations. In particular, the practice of developed countries such as the United States, China, Japan and others reflects the effeciency of this device use. Summarizing the above, it can be concluded that the use of a polygraph while criminal proceedings, in particular in the investigation of murders involving domestic violence, possesses the principles of practical application. The appointment of a polygraph psychophysiological examination creates appropriate conditions for an investigator work in order to conduct a qualified, impartial investigation of a murder involving domestic violence.

scholarly journals Conceptual problems of investigation and prevention of enforced disappearance of persons in the conditions of armed aggression

2021 ◽  
Vol 39 (69) ◽  
pp. 60-73
Author(s):  
Dmytro Mirkovets ◽  
Volodymyr Atamanchuk ◽  
Sergii Marko ◽  
Irina Dubivka ◽  
Antonina Matsola
Keyword(s):  
Law Enforcement ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
General Scientific ◽  
Points Of View ◽  
Conceptual Problems ◽  
Systemic Problems ◽  
The Right ◽  
Southern Ukraine

The article highlights the results of a study of the situation with official investigations into criminal offenses related to the enforced disappearance of persons in the context of armed aggression in eastern and southern Ukraine. The example of individual criminal proceedings presents some systemic problems that arise during the investigation of the facts of disappearance and suggests possible ways to solve them. There are several «blocks» of problems that lie in the field of criminal law, criminology, and criminal procedure. The points of view of scientists and practitioners on this problem are highlighted. It is concluded that Ukraine, in today’s conditions, needs to take measures aimed at improving the legal mechanisms of observance and protection of the right of persons staying in its territory to freedom from enforced disappearance, as well as intensifying law enforcement agencies to prompt, complete and impartial investigation of such facts, their proper qualification, search for victims, identification of those responsible for their disappearance, ensuring that victims receive timely and adequate compensation. The methodological basis for writing the article was a dialectical-materialist method, as well as the set of general scientific and special methods and techniques of scientific knowledge.

scholarly journals Facial recognition in police hands: Assessing the ‘Clearview case’ from a European perspective

2020 ◽  
Vol 11 (3) ◽  
pp. 375-389
Author(s):  
Isadora Neroni Rezende
Keyword(s):  
European Union ◽  
Law Enforcement ◽  
Data Protection ◽  
Facial Recognition ◽  
The United States ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies

Since 2019, over 600 law enforcement agencies across the United States have started using a groundbreaking facial recognition app designed by Clearview AI, a tech start-up which now plans to market its technology also in Europe. While the Clearview app is an expression of the wider phenomenon of the repurposing of privately held data in the law enforcement context, its use in criminal proceedings is likely to encroach on individuals’ rights in unprecedented ways. Indeed, the Clearview app goes far beyond traditional facial recognition tools. If these have been historically limited to matching government-stored images, Clearview now combines its technology with a database of over three billion images published on the Internet. Against this background, this article will review the use of this new investigative tool in light of the European Union (EU) legal framework on privacy and data protection. The proposed assessment will proceed as follows. Firstly, it will briefly assess the lawfulness of Clearview AI’s data scraping practices under the General Data Protection Regulation. Secondly, it will discuss the transfer of scraped data from the company to EU law enforcement agencies under the regime of the Directive 2016/680/EU (the Directive). Finally, it will analyse the compliance of the Clearview app with art 10 of the Police Directive, which lays down the criteria for lawful processing of biometric data. More specifically, this last analysis will focus on the strict necessity test, as defined in the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights. Following this assessment, it will be argued that the Clearview app’s use in criminal proceedings is highly problematic in light of the EU legislation on privacy and data protection.

scholarly journals The Jury in Ukraine: topical issues of reform

2020 ◽  
pp. 61-70
Author(s):  
Iryna Volosko
Keyword(s):  
Criminal Liability ◽  
Developed Countries ◽  
The United States ◽  
Judicial System ◽  
Jury Trial ◽  
Quantitative Composition ◽  
Criminal Proceedings ◽  
Appeal Court ◽  
Existing Problems ◽  
Selection Of

The article is devoted to the analysis of the current state of the jury in Ukraine, assessment of existing problems in legislative regulation, ambiguity of enforcement and finding possible ways of solving existing problems. The jury's ability to defend the judicial system against some tendencies that take place in the trial corps and can undermine a fair system of criminal liability and punishment is argued. A statistical analysis of criminal and civil cases involving jury in 2017-2018 is provided. The article emphasizes that the successful functioning of the jury depends first and foremost on the procedure of selection of people for jury. The bill drafts of Ukraine of amendments to the current legislation on improvement of the procedure of forming the list of jury are analyzed. In the context of this, attention was paid to the issues of the quantitative composition of the jury, the transfer of power to form a list of jury to State Judicial Administration of Ukraine, the heterogeneity of the composition of the jury in terms of individual and psychological differences. The expediency of working out the Regulation “On the procedure of selection of citizens in the jury”, where all requirements for candidates for jury will be detailed, restrictions for people to be sworn, the procedure of forming the lists of jury and their submission to court, is stated. The outreach campaign and legal education of the population is аn important element of the effectiveness of the jury. The requirement of continuity of the trial in the case of jury which is related to the concentration of their attention and various kinds of influence, in particular the mass media, is emphasized. It is noted that the review of the decisions of the jury in the appeal court by professional judges, in fact, negates the value of the verdict of the jury.The item of allotments to candidates for jury and the experience of foreign countries on this issue are considered. It also substantiates the demand of transition of Ukraine to the classic jury trial model, which successfully operates in such developed countries as the United States, Canada, the United Kingdom, Denmark, Belgium and others. The introduction of a classic jury trial model is absolutely necessary in the current condition, will increase the public's confidence in the judicial system and will introduce an effective competitive model of criminal proceedings. Key words:jury, verdict of the jury, selection of the jury.

scholarly journals DIRECTIONS OF INTERNATIONAL COOPERATION IN THE FIELD OF TRAINING OF POLICE STAFF

2020 ◽  
pp. 244-251
Author(s):  
І. В. Серединський
Keyword(s):  
Law Enforcement ◽  
International Cooperation ◽  
Rapid Development ◽  
Police Training ◽  
Developed Countries ◽  
The United States ◽  
Educational Institutions ◽  
Scientific Article ◽  
Law Enforcement Agencies ◽  
Police Cooperation

The scientific article examines the issues of areas of international cooperation in the field of police training. Emphasis is placed on the best practices of Western Europe, the United States and Canada. At first it was emphasized that in modern conditions there is a rapid development of international relations on the principles of integration and mutual enrichment, and not on the terms of rigid differentiation. It is determined that the interaction is especially evident in the field of international cooperation of European law enforcement agencies. The author found that international police cooperation is carried out in several main areas: 1) assistance in training for foreign law enforcement agencies; 2) joint research of problems of struggle against offenses; 3) exchange of experience in the field of police training; 4) provision of logistical and advisory assistance. Emphasis is placed on the fact that an important factor is the recognition by the international community among other areas and the need for cooperation in the field of personnel training. The author formulates the main directions of international cooperation in the field of police training, in particular: integration into international bodies and organizations in the field of police training; integration into international police educational institutions; integration into the education system of leading foreign educational institutions, study of experience, analysis of the work of structural units, study of the scale of social activity, the field of scientific research, etc .; creating conditions for the development of police education in a particular country with the help of international partners and the experience of foreign countries; provision-receipt on a mutual, and more often on a unilateral basis to foreign colleagues of means of equipment, communication, equipment for use in police training. Finally, it is noted that the most intensive and effective police cooperation is carried out by the police of highly developed countries with similar economic, political and social conditions, similar legal attitudes and principles of law enforcement.

PECULIARITIES OF THE PROCEDURAL STATUS OF SUBJECTS WHICH HAVE THE OBLIGATION OF PROOF DURING THE PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENSES

2017 ◽  
Author(s):  
Andrii Vorobey ◽  
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Procedure Code ◽  
Criminal Offenses ◽  
Judicial Investigation ◽  
Definition Of

The article considers the peculiarities of the procedural status of the subjects who are obliged to prove criminal offenses during the pre-trial investigation, taking into account the latest changes in the current criminal procedure legislation made in connection with the adoption of the Law of Ukraine n Amendments to Certain Legislative Acts of Ukraine Concerning Simplification of Pre-trial Investigation of Certain Categories of Criminal Offenses". The author notes that this issue is little studied in the scientific literature and relevant from a practical point of view. The peculiarities of the procedural status of the head of the inquiry body are studied, a number of problematic issues of legal regulation of the powers of the specified subject of evidence are indicated and it is proposed to amend the current version of Article 391 of the Criminal Procedure Code of Ukraine to eliminate contradictions. The procedural status of the interrogator and the person authorized to carry out pre- trial investigation of criminal offenses is analyzed, offers on modification of item 401 of the Criminal procedure code of Ukraine are presented. It is also proposed that the bylaws of the relevant law enforcement agencies provide for qualification requirements for persons authorized to investigate criminal offenses in the form of higher legal education in the specialty "Law", as the lack of qualification requirements may adversely affect the quality of pre-trial investigation of criminal offenses. The content of Articles 84, 92 and 94 of the Code of Criminal Procedure of Ukraine is analyzed, proposals are made to supplement these legal norms after the word "investigator" with the word "interrogator". The specific circle of subjects on which the duty of proof during the pre-judicial investigation in the form of inquiry is assigned is defined. According to the author of the article, further areas of research of certain problematic issues are a comprehensive doctrinal study of the legal status of such subjects of evidence as the interrogator and head of the inquiry body, determination of legal guarantees of their activities and procedural independence, definition of functions and tasks assigned to these subjects.

scholarly journals Implementation of the principle of competitiveness of the parties and free- dom in the presentation of their evidence to the court in the criminal process of some countries of the world

2021 ◽  
pp. 313-316
Author(s):  
O.V. Kuzmenko ◽  
P.R. Levchuk
Keyword(s):  
Criminal Procedure ◽  
The United States ◽  
Federal Law ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Criminal Offenses ◽  
Principles Of Justice ◽  
The Individual ◽  
The Right ◽  
Principle Of Legality

One of the tasks of criminal proceedings is to protect the individual, society and the state from criminal offenses, which is achieved through the implementation of other tasks, in particular, by ensuring a rapid, complete and im-partial investigation and trial. In this case, any procedural decisions in criminal proceedings must be based on evi-dence that serves as a kind of link between the event of a criminal offense and the consciousness of the investigator, prosecutor, investigating judge, court. Evidence itself is the main content of criminal procedure in both the pre-trial investigation and in the judicial stages of criminal proceedings in most countries.The authors note that the Constitution of Ukraine as one of the main principles of justice provides for adversarial parties and freedom in providing the court with their evidence and proving their persuasiveness before the court. Factor The Criminal Procedure Code of Ukraine has significantly expanded the scope of this principle of the do-mestic criminal process, including in the field of evidence. Thus, the defense, as well as the prosecution, was given the opportunity to collect evidence during the pre-trial investigation, as a result of which the right of the parties and other participants in criminal proceedings to submit evidence (things and documents) is becoming increasingly important.The article also examines that the principles of criminal procedure in France include: the principle of formality, prosecution, legality, equality, dignity, protection of the victim, urgency of the trial, presumption of innocence, publicity, oral and adversarial proceedings. And the main principles of the criminal process in Germany include: the principle of formality (publicity); the principle of charge; the principle of legality and the principle of compulsory research. A characteristic feature of modern law in the field of criminal procedure in the United States is the consis-tent expansion of the institution of delegated legislation. The US Congress has delegated to the Supreme Court the right to establish rules of criminal procedure that have the force of federal law.

scholarly journals LEGAL ASPECTS REGARDING THE APPLICATION OF HOUSE ARREST IN CRIMINAL PROCEEDINGS

2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Alexander Ilchenko ◽  
◽  
Oleksiy Bezvin ◽  
Keyword(s):  
Developed Countries ◽  
The United States ◽  
Legal Aspects ◽  
The State ◽  
Precautionary Measure ◽  
Criminal Proceedings ◽  
House Arrest ◽  
Court Proceedings ◽  
Precautionary Measures ◽  
The Individual

The article considers the legal aspects of the use of house arrest and its characteristics. The legislation regulating the use of house arrest has been analyzed. The expediency of using electronic means of control has been studied, which is a very important aspect of the use of house arrest. The purpose pursued by house arrest is formed. The positive aspects and conditions of the use of house arrest for the state, for the person to whom it applies, and members of his family are highlighted. An analysis of international experience in the use of house arrest in developed countries, namely the United States and France. At present, precautionary measures in Ukraine are an integral part of criminal proceedings, without which it is impossible to imagine a proper and holistic course of pre-trial investigation and court proceedings, protection of the individual, society and the state, and other tasks of criminal proceedings not only in Ukraine but also in Ukraine. developed countries. House arrest is one such precautionary measure. This is a fairly modern and advanced precautionary measure, which is essentially a set of restrictions and prohibitions imposed on the accused, suspect in connection with his full or partial isolation within the dwelling, in accordance with the decision of the investigating judge, the court. precautionary measures implemented and controlled by the authorized bodies. However, the mechanism of house arrest cannot be considered perfect, as evidenced by studies of this measure of restraint. The introduction of house arrest in the criminal procedure legislation of Ukraine indicates positive changes that allow to improve the situation of the suspect, accused. Unfortunately, many issues remain open, but the establishment of stricter rules and laws by the state does not always have to be seen as an effective punishment mechanism.

scholarly journals PROCEDURAL STATUS OF A SPECIALIST IN CRIMINAL PROCEEDINGS WHILE TRAFFIC COLLISION INVESTIGATION

2020 ◽  
Vol 21 (1) ◽  
pp. 281-290
Author(s):  
V. Varlahov
Keyword(s):  
Positive Impact ◽  
Criminal Code ◽  
Sufficient Evidence ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Operation Rules ◽  
Criminal Offenses ◽  
Special Knowledge ◽  
Traffic Collision

The task of law enforcement agencies while criminal offenses investigation related to violation of road safety or vehicles operation rules, that is provided for by Art. 286 of the Criminal Code of Ukraine, a complete and objective establishment of the circumstances and mechanism of a traffic collision, the collection of sufficient evidence and determination of participants’ guilt in the accident. The appropriate use of special knowledge, the latest scientific and technical means and methods for collecting, investigating and evaluating evidence largely contributes to pre-trial investigation of this criminal proceedings category. The article purpose is: 1) to consider issues relating to the procedural provisions and powers of a specialist in criminal proceedings while conducting an investigatory experimentation on traffic collision investigation; 2) define a specialist functions and tasks on using special knowledge during an investigatory experimentation; 3) analyze the aspects of interaction organization between pre-trial investigation bodies and a specialist qualified in automotive engineering during an investigatory experimentation of traffic collision circumstances. The study has shown that the use of special knowledge while traffic collision investigation helps to establish the circumstances and mechanism of the accident at the modern scientific and technical level with the involvement of qualified knowledgeable persons – specialists. The requirements for special knowledge that are used to perform the tasks of criminal proceedings are legality, scientific nature, efficiency, reliability. The main goal of attracting a knowledgeable person is to facilitate the implementation of criminal proceedings tasks. Attracting specialists to participate in the investigatory experimentation while pre-trial investigation of criminal offenses provided for by Art. 286 of the Criminal Code of Ukraine has a positive impact on the investigatory experimentation itself and the quality of the pre-trial investigation.

scholarly journals Problem issues of criminal proceedings regarding domestic violence

2021 ◽  
pp. 279-283
Author(s):  
O.S. Yara ◽  
N.A. Stasiuk
Keyword(s):  
Domestic Violence ◽  
Family Relations ◽  
Effective Means ◽  
Case Law ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Criminal Offenses ◽  
Definition Of ◽  
Objective Side ◽  
Legislative Activities

The article is devoted to problematic issues of criminal proceedings under Article 126-1 of the Criminal Code of Ukraine. The purpose of the article is to study the problems of criminal proceedings on domestic violence and to develop recommendations for improving the implementation of criminal proceedings on domestic violence. Based on the analysis of relevant legislation, scientific and theoretical framework, as well as case law on the research topic, a number of problematic aspects were identified, including: debatable interpretation of the concept of "domestic violence", uncertainty of "systematic", uncertainty of subjects and victims , low training of staff conducting pre-trial investigation and trial in a case of domestic violence, a ban on forensic examinations by non-state expert institutions. There are a number of recommendations for their elimination. In particular, the need to harmonize legislative provisions regarding the definition of the objective side of domestic violence as a criminal act is substantiated. It is proposed to supplement Article 126-1 of the Criminal Code with a note defining the range of persons in family relations and relatives, as well as to make appropriate changes to Article 126-1 of the Criminal Code by supplementing the note with a comprehensive interpretation of the concept of regularity. It is noted about the need to develop recommendations on the most effective means and methods of detection and pre-trial investigation, as well as the trial of the investigated category of criminal offenses. It is proposed to introduce foreign internships for employees of pre-trial investigation bodies and judges on the implementation of criminal proceedings on domestic violence with their final testing. These proposals can be used in legislative activities.

Learning From Experience: A Content Analysis of Domestic Violence Fatality Review Team Reports

Partner Abuse ◽  
2015 ◽  
Vol 6 (2) ◽  
pp. 197-216 ◽  
Author(s):  
Allison Marsh Pow ◽  
Christine E. Murray ◽  
Paulina Flasch ◽  
Elizabeth Doom ◽  
Melinda Snyder
Keyword(s):  
United States ◽  
Domestic Violence ◽  
Content Analysis ◽  
Law Enforcement ◽  
The United States ◽  
Learning From Experience ◽  
Law Enforcement Agencies ◽  
Review Team ◽  
Wide Variability ◽  
Standard Practices

The mounting cost of domestic violence (DV) homicide in the United States has led to increased attention from law enforcement agencies and social organizations and the establishment of domestic violence fatality review boards or teams (DVFRTs) throughout the country. These teams are tasked with reviewing a specified set of DV-related fatality cases to determine the factors that contributed to the fatalities and whether there are changes that can be made to prevent future similar incidents. There exists, however, little to no standardization of practice and procedures among DVFRTs, resulting in wide variability among the reports they produce. The purpose of this study is to empirically analyze the content of DVFRT reports across the United States to summarize standard practices in DVFRT reporting and to inform the procedures of existing and future DVFRTs. The researchers conducted a content analysis of 47 DVFRT reports to determine what information is most typically included in these reports on state, county, and city levels. A summary of findings and recommendations for DVFRTs is included.

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