Enhanced Forms of Criminal Investigation: Analysis on Its Potential Risks to Human Rights
- 1 College of Law, Dire Dawa University, Dire Dawa, Ethiopia
Abstract
Criminal investigation is the bedrock in fact inquiry for the criminal justice system. In the contemporary world, countries use technologically enhanced criminal investigation techniques for the alleged crime or for the probable crimes. The current trends show that those enhanced forms of criminal investigation techniques have been used in more extended manner. Such extended applications of those techniques have become the threats to individual rights such as right to privacy, freedom of expression, the right to freedom of association and assembly, the right to freedom of movement and the due process rights. This paper analyzes the available justifications, compatibility and ethical sides of these enhanced forms of investigating techniques by police or investigative organs. Moreover, it also critically analyzes the potential threats and implications of these enhanced forms of criminal investigations on the certain basic individual human rights. Under the umbrella of enhanced criminal investigation techniques, there are various special techniques. The scope of this paper is not to deal with the specific nature of each technique, rather it is limited only to the general behavior or characteristics, their underlying rationales and the possible threats on the rights of individuals.
- Abramson, J. M. (2005). Challenging Federal Wiretaps, Criminal Law Newsletter. The Colorado Lawyer, 34, 73.
- Ask, K. (2006). Criminal Investigations: Motivations, Emotions and Cognitions in the Process of Evidence. Doctoral Dissertation at Department of Psychology, Goteborg: Goteborg University.
- Bloss, W. (2007). Escalating US. Police Surveillance after 9/11: An Examination of Causes and Effects. Surveillance and Society, Special Issues on “Surveillance and Criminal Justice” Part 1, 4, 208-228.
- Byne, J., et al. (2011). Technological Innovations in Crime Prevention and Policing: A Review of Research on Implementation and Impact. Voor Belgie: Maklu-Uitgervers.
- Caremen, R. V. (2010). Criminal Procedure: Law and Practice (8th ed.). Boston, MA: Wadsworth, Cengage Learning.
- Cavoukian, A. (2008). Privacy and Video Surveillance in Mass Transit System: A Special Investigation Report. Information and Privacy Commissioner, p. 2.
- Cohen, S. A. (1982). Invasion of Privacy: Police and Electronic Surveillance in Canada. McGILL Law Journal, 27, 619-675.
- Council of Europe, Recommendation 10 of the Committee of Ministers to Member States on “Special Investigative Techniques” in Relation to Serious Crimes Including Acts of Terrorism, 2005, Para. 1.
- Del Carmen, R. V. (2009). Criminal Procedure: Laws and Practice (8th ed.). Belmont, CA: Wadsworth/Cengage Learning.
- Doyle, C. (2012). Wiretapping, Tape Recorders, and Legal Ethics: An Overview of Questions Posed by Attorney Involvement in Secretly Recording Conversation. Congressional Research Service, p. 1.
- Ferdico, J. N., et al. (2009). Criminal Procedure for the Criminal Justice Professional (10th ed.). Belmont, CA: Wadsworth/ Cengage Learning.
- Hall, D. E. (2004) Criminal Law and Procedure (4th ed.). Thomson Delmar Learning, West Legal Studies.
- Harfield, C. (2010). The Governance of Covert Investigation. Melbourne University Law Review, Vol.34.
- Herbert, L. C. (2011). Challenging the (Un)Constitutionality of Governmental GPS Surveillance. American Bar Association, Criminal Justice, 26, 11 p.
- Hewitt, M. (2008) Wiretapping: A Necessary for Effectively Combating Terrorism in the 21st Century. Senior Honors Thesis, Virginia: Honors Program of Liberty University.