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.

Modelling Attribution

2017 ◽  
Author(s):  
Clement Guitton
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Government Officials ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Security Incident ◽  
Intelligence Services ◽  
Terrorist Organization ◽  
State Actor ◽  
Criminal Incident

How and why does the attribution of an incident become the responsibility of the executive rather than the judiciary? How do the processes of attributing a criminal incident and attributing a national security incident differ? This chapter offers a two-pronged model for attribution, based on the nature of the process either as criminal or as a threat to national security. Criminal cases rarely rise to the level of "national threat," and are mostly dealt with by law enforcement agencies and subsequently by judiciary organizations. Several cases, based on certain criteria, fall within the remit of the executive rather than the judiciary, because government officials regard them as threats to national security. This transfer has several consequences. First and foremost, the question of knowing the full name of the attacker becomes less relevant than knowing who the enemy is and who the sponsors are; for instance, a state actor or a terrorist organization. Second, a national security incident usually implies broader investigative powers, especially those of intelligence services, which can use secret methods bordering legality.

scholarly journals Stop and Frisk Online: Theorizing Everyday Racism in Digital Policing in the Use of Social Media for Identification of Criminal Conduct and Associations

2017 ◽  
Vol 3 (3) ◽  
pp. 205630511773334 ◽  
Author(s):  
Desmond Upton Patton ◽  
Douglas-Wade Brunton ◽  
Andrea Dixon ◽  
Reuben Jonathan Miller ◽  
Patrick Leonard ◽  
...  
Keyword(s):  
New York ◽  
Social Media ◽  
Law Enforcement ◽  
Police Department ◽  
Criminal Activity ◽  
Gang Members ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Use Of Social Media ◽  
Criminal Conduct

Police are increasingly monitoring social media to build evidence for criminal indictments. In 2014, 103 alleged gang members residing in public housing in Harlem, New York, were arrested in what has been called “the largest gang bust in history.” The arrests came after the New York Police Department (NYPD) spent 4 years monitoring the social media communication of these suspected gang members. In this article, we explore the implications of using social media for the identification of criminal activity. We describe everyday racism in digital policing as a burgeoning conceptual framework for understanding racialized social media surveillance by law enforcement. We discuss implications for law enforcement agencies utilizing social media data for intelligence and evidence in criminal cases.

scholarly journals Criminological profile of a perpetrator of a high treason

2020 ◽  
Vol 9 (28) ◽  
pp. 176-189
Author(s):  
Vadym Polovnikov ◽  
Viacheslav Biletskyi ◽  
Viktor Tyshchuk ◽  
Yurii Overchenko
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Criminal Behavior ◽  
Criminal Activity ◽  
The State ◽  
Criminal Record ◽  
Court Decisions ◽  
Law Enforcement Agencies ◽  
State Register ◽  
Activity Duration

The article presents the analysis of specific criminological features of the persons who have committed high treason in order to know their typical criminological profile. For the purpose of that, 39 court decisions of the Unified State Register of Judgments (hereinafter: USRJ) of Ukraine, which were made against persons who committed this type of crime, were examined. Socio-demographic (gender, age, education, nationality) and criminal-law (motivation of the criminal behavior, single or group criminal character of criminal activity, duration of criminal activity, presence or absence of criminal record, etc.) were estimated in investigation. Generalization and interpretation of the results of court decisions made it possible to simulate a typical criminological profile of the perpetrator of the state treason and to identify certain specific characteristics of the subjects of this crime. It is concluded that knowledge of the criminological profile of the state traitor is of great importance for the profile of criminals by law enforcement agencies, which are empowered to prevent crime in the field of national security.

Lawyers and Police: An Uneasy Marriage in the National Crime Authority's Fight against Organised Crime

1992 ◽  
Vol 25 (3) ◽  
pp. 231-254 ◽  
Author(s):  
Chris Corns
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Criminal Activity ◽  
Organised Crime ◽  
Cultural Dimensions ◽  
Central Feature ◽  
Law Enforcement Agencies ◽  
Modus Operandi ◽  
Criminological Research ◽  
Research And Policy

A central feature of new law enforcement agencies, established specifically to combat organised crime in Australia, is their use of internal multi-disciplinary investigation teams. This strategy can be seen as mirroring the structure and modus operandi of the targeted criminal activity. One of the first law enforcement agencies in Australia to 'collectivise' legal and policing skills has been the National Crime Authority. However, aspects of the legal and police 'sub-cultures' are structurally and ideologically inconsistent creating the potential for significant intra-organisational conflict. This article explores the nature and significance of 'cultural clashes' between lawyers and police within the National Crime Authority, and describes a number of unique legal problems arising from the cross-jurisdictional deployment of police officers on secondment to the National Crime Authority. The article argues that in the context of organised crime, sub-cultural dimensions of law enforcement has been a neglected area within criminological research and policy making. The article argues that organisational sub-cultures have limited the capacity of law enforcement agencies to fulfil their junctions and suggests a number of reforms.

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 Crime Detection using Data Mining Techniques

2020 ◽  
Vol 10 (5) ◽  
pp. 1-5
Author(s):  
Md. Sumon Rony ◽  
Sagor Chandra Bakchy ◽  
Hadisur Rahman
Keyword(s):  
Data Mining ◽  
Law Enforcement ◽  
Criminal Activity ◽  
Law Enforcement Agencies ◽  
Data Mining Techniques ◽  
Data Mining Approach ◽  
Collection Data ◽  
Crime Detection ◽  
Phase Data ◽  
Using Data

As crime rates keep spiraling each day, new challenges are faced by law enforcement agencies. They have to keep their on the lookout for any signs criminal activity. The law enforcement agencies should therefore be able to predict such increase or decrees or trends in crime. Such as theft, Killing. Crime that may occur in a particular area in a particular month, year, any timespan. Data mining is defined as a process of discovering hidden valuable knowledge by analyzing large amounts of data, which is stored in databases or data warehouse, using various data mining techniques such as machine learning, artificial intelligence, statistical. Many algorithms for data mining approach to help detect the crimes patterns. Data Collection, Data Preprocessing Phase, Data Filtering, Linier Regression. Wekasoft are used for collection of data analyzing. Visualization finally get results. The advantage of using this tool is that clustering will be performed automatically.

scholarly journals ENSURING SECURITY OF PERSONS CARRYING OUT A SPECIAL TASK

2021 ◽  
Vol 77 (4) ◽  
pp. 157-163
Author(s):  
Victoria Kotova ◽  
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
National Security ◽  
Criminal Activity ◽  
Criminal Organization ◽  
Security Measures ◽  
Law Enforcement Agencies ◽  
State Institutions ◽  
Special Knowledge ◽  
Proper Performance

The institute of ensuring the security measures to persons carrying out special tasks detecting the criminal activities of an organized group or criminal organization is called to protect these persons, as they may be in danger during the criminal process, and in most cases after its completion. Therefore, it is advisable to find out the definition and main directions of improving the security measures to persons carrying out special tasks detecting the criminal activities of an organized group or criminal organization. The effectiveness of security measures to persons carrying out special tasks detecting the criminal activities of an organized group or criminal organization should be understood as creating in a minimum time and taking into account human rights and freedoms the necessary safe conditions for proper performance of a special task to document criminal activity of an organized group or a criminal organization. The main directions of improving the effectiveness of security measures to persons carrying out special tasks are: improving the rules of application of security measures to persons carrying out special tasks; improving the content of the grounds and procedural procedure for ensuring the safety of persons carrying out special tasks; reduction of time limits for the application of security measures to persons carrying out special tasks; expanding the types of security measures applied to persons carrying out special tasks; improving the financing and logistics of security measures to persons carrying out special tasks. Methodical and forensic security of the security of criminal justice participants, in our opinion, will include the development of methodological recommendations on issues of such peculiarities of investigating certain types of crimes that are determined by the security of individuals. We believe that these methodical and criminology recommendations will reflect the peculiarities of the interaction of law enforcement agencies in the process of ensuring the safety of participants in criminal justice and the use of special knowledge, cooperation with national state institutions, law enforcement agencies of other countries, etc. At the same time, criminalistic recommendations may become a structural component of techniques for investigating certain types of crimes, such as corruption, crimes against national security, etc.

scholarly journals Genesis of the concept of "national security" in administrative law

2021 ◽  
pp. 5-8
Author(s):  
Vitalii MAKARCHUK
Keyword(s):  
World War Ii ◽  
Law Enforcement ◽  
National Security ◽  
Administrative Law ◽  
The State ◽  
Law Enforcement Agencies ◽  
Security Issues ◽  
Nation States ◽  
Legal Literature ◽  
Definition Of

The paper is devoted to the essence and peculiarities of the origin and development of the concept of “national security” in administrative law. The paper analyzes different opinions on the definition of “national security”, also considers the provisions of the Constitution of Ukraine on the protection of sovereignty and territorial integrity of Ukraine. The legislative provision of security in Ukraine, security of the person, society and the state from external and internal threats in the state as ensuring national security is studied. The urgency of the issue outlined in the paper is due to the ongoing reform processes in the field of national security and law enforcement in Ukraine. However, national security issues are still at the center of various scientific debates. In the research and analysis of the origins and development of the concept of “national security” hermeneutic, logical, linguistic and semiotic research methods are used. It is proved that in the legislation and legal literature this term has gained wide application and recognition that meets the general requirements of legal technique: the terms must be generally accepted, have a stable character and wide application. It is noted that the term “national security” still remains relevant and controversial. Although the term “national security” was first used after World War II, certain aspects of it have been considered since the creation of nation-states in the mid-seventeenth century. This term is used in various aspects, has no unambiguous application in the legal literature, lawmaking and legal practice, so it can be interpreted in various aspects. Ukrainian scholars-administrators define the security of the country in different ways, in particular through the prism of the executive activity of the relevant law enforcement agencies that provide it.

CRIMINOLOGICAL FEATURES OF CORRUPTION-RELATED CRIMES IN THE FUEL AND ENERGY COMPLEX

2020 ◽  
pp. 23-27
Author(s):  
Сергей Иванович Вележев ◽  
Антон Михайлович Седогин
Keyword(s):  
Legal Protection ◽  
Criminal Activity ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Energy Complex ◽  
Significant Damage ◽  
Study Results ◽  
Wide Range ◽  
Illegal Activities ◽  
High Level

В представленной статье авторами рассматриваются вопросы уголовно-правовой охраны топливно-энергетического комплекса Российской Федерации от преступных проявлений, в том числе от коррупционной противоправной деятельности должностных лиц. Такие действия причиняют значительный ущерб нормальному функционированию предприятий топливно-энергетического комплекса. Авторами приводятся результаты исследования некоторых криминологических характеристик должностных лиц, совершивших преступления коррупционного характера. Дан анализ причин и условий, способствующих совершению вышеуказанных противоправных действий. Определена типовая модель преступника для данной категории преступлений и его характеристики: в первую очередь, это высокий уровень компетентности, специальное образование и т. д. Авторами отмечается высокий уровень латентной преступности в данной отрасли. Предложены некоторые пути профилактики данной категории правонарушений. Исследование проводилось на основе анализа конкретных уголовных дел, возбужденных следственными органами по результатам оперативно-розыскной деятельности правоохранительных органов. In the article the authors consider the issues of criminal and legal protection of the fuel and energy complex of the Russian Federation from criminal activity including corrupt illegal practices of officials. The authors cite the results of some criminological characteristics study of the fuel and energy complex staff committed corruption crimes. As a result of these illegal actions significant damage is caused to the normal functioning of the fuel and energy enterprises. Such officials` actions determine not only a wide range of other illegal activities, but also lead to public outcry and discredit the industry as a whole. The analysis of the reasons and conditions contributing to the above illegal actions commission is given. A typical model of a criminal for a given crime category and its characteristics are determined. First of all it is a high level competence, special education, etc. A high level of latent crime in this industry is shown. The study results are presented on the example of specific criminal cases initiated by the investigating authorities based on the results of the operation detection activities of law enforcement agencies. Some ways of preventing this category of offenses are proposed.

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.

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