Rachel Sieder
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199240906
- eISBN:
- 9780191598869
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240906.003.0006
- Subject:
- Political Science, Democratization
This chapter considers the role of ‘memory politics’ – understood as the combination of official and unofficial attempts to deal with the legacy of past violations – in the struggle for ...
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This chapter considers the role of ‘memory politics’ – understood as the combination of official and unofficial attempts to deal with the legacy of past violations – in the struggle for democratization in Central America: official initiatives can include truth commissions, amnesty dispensations, criminal investigations and prosecutions, and a range of institutional reforms aimed at redressing the previous failure of the state to guarantee human rights; unofficial initiatives developed by civil society actors to confront the past can include investigations of violations, legal actions, and different kinds of commemorative acts and exercises in collective memory. Memory politics operates at multiple levels and involves a diversity of agents, including local communities, national and international non-governmental human rights organizations (HROs), governments, the media, and, in the case of Central America, the UN; however, it is suggested here that its long-term effects in any national context depend on the interaction between official and unofficial efforts to address the legacies of the past. The experiences of memory politics analysed in this chapter are those of El Salvador, Honduras and Guatemala, the three Central American countries that during the 1990s undertook official processes of investigating past violations of human rights. The precise nature of memory politics and the impact it has had varied considerably in these three countries, and it is suggested that four interrelated factors are central to explaining differences between the respective national experiences: the first is the specific political and social legacies of human rights abuse in each country; the second concerns the circumstances of the transition from war to peace, specifically the prevailing balance of forces and the trade-off between truth and justice that this engendered in each case; the third is the role of local HROs and civil society in general in the politics of memory; and the fourth is the role of international governmental and non-governmental organizations (NGOs) in efforts to uncover the truth about the past and to address the consequences of violations. The first three sections of the chapter compare the legacies of human rights abuses, the transitional trade-offs between truth and justice, and the role of civil society organizations and international actors in the memory politics of El Salvador, Honduras and Guatemala; the final section considers the impact of memory politics on the prospects for democracy in these countries.Less
This chapter considers the role of ‘memory politics’ – understood as the combination of official and unofficial attempts to deal with the legacy of past violations – in the struggle for democratization in Central America: official initiatives can include truth commissions, amnesty dispensations, criminal investigations and prosecutions, and a range of institutional reforms aimed at redressing the previous failure of the state to guarantee human rights; unofficial initiatives developed by civil society actors to confront the past can include investigations of violations, legal actions, and different kinds of commemorative acts and exercises in collective memory. Memory politics operates at multiple levels and involves a diversity of agents, including local communities, national and international non-governmental human rights organizations (HROs), governments, the media, and, in the case of Central America, the UN; however, it is suggested here that its long-term effects in any national context depend on the interaction between official and unofficial efforts to address the legacies of the past. The experiences of memory politics analysed in this chapter are those of El Salvador, Honduras and Guatemala, the three Central American countries that during the 1990s undertook official processes of investigating past violations of human rights. The precise nature of memory politics and the impact it has had varied considerably in these three countries, and it is suggested that four interrelated factors are central to explaining differences between the respective national experiences: the first is the specific political and social legacies of human rights abuse in each country; the second concerns the circumstances of the transition from war to peace, specifically the prevailing balance of forces and the trade-off between truth and justice that this engendered in each case; the third is the role of local HROs and civil society in general in the politics of memory; and the fourth is the role of international governmental and non-governmental organizations (NGOs) in efforts to uncover the truth about the past and to address the consequences of violations. The first three sections of the chapter compare the legacies of human rights abuses, the transitional trade-offs between truth and justice, and the role of civil society organizations and international actors in the memory politics of El Salvador, Honduras and Guatemala; the final section considers the impact of memory politics on the prospects for democracy in these countries.
Hiroto Fujiwara and Stephan Parmentier
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199554294
- eISBN:
- 9780191751691
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199554294.003.0010
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This chapter focuses on the first and crucial phase in ‘building a case’, that is, the criminal investigation. ‘International criminal investigation’ is defined as a process of searching, collecting, ...
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This chapter focuses on the first and crucial phase in ‘building a case’, that is, the criminal investigation. ‘International criminal investigation’ is defined as a process of searching, collecting, collating, and synthesizing information, which is conducted by international prosecutors against individuals who are allegedly liable for international crimes, in order to prove the guilt or innocence of those individuals in a court of law. The chapter proceeds as follows. First, it examines the particularities of an international criminal investigation. The differences with a national investigation are such that they make an international investigation a distinctive exercise. Then it considers the processing of information and the analysis of evidence. Thereafter it discusses the legal and organizational frameworks of an international investigation. Finally, it reviews the investigative practice of several international tribunals.Less
This chapter focuses on the first and crucial phase in ‘building a case’, that is, the criminal investigation. ‘International criminal investigation’ is defined as a process of searching, collecting, collating, and synthesizing information, which is conducted by international prosecutors against individuals who are allegedly liable for international crimes, in order to prove the guilt or innocence of those individuals in a court of law. The chapter proceeds as follows. First, it examines the particularities of an international criminal investigation. The differences with a national investigation are such that they make an international investigation a distinctive exercise. Then it considers the processing of information and the analysis of evidence. Thereafter it discusses the legal and organizational frameworks of an international investigation. Finally, it reviews the investigative practice of several international tribunals.
A.G. Noorani and South Asia Human Rights Documentation Centre
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780198074144
- eISBN:
- 9780199080823
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198074144.003.0005
- Subject:
- Law, Human Rights and Immigration
After almost a decade of upholding the use of narcoanalysis by criminal investigation agencies, the Indian judiciary has finally recognised and condemned its abusive nature. In Smt. Selvi & Ors v. ...
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After almost a decade of upholding the use of narcoanalysis by criminal investigation agencies, the Indian judiciary has finally recognised and condemned its abusive nature. In Smt. Selvi & Ors v. State of Karnataka, the Supreme Court called for a ban on all involuntary administration of narcoanalysis and the withholding in court of all evidence directly obtained from even voluntary administration of the tests. The scientific validity of narcoanalysis and the reliability of its results have long been controversial. This chapter shows that the use of narcoanalysis is not only ineffective in obtaining truthful information, but also violates fundamental civil rights protected by international law and the Indian Constitution. It also argues that the test violates the rights against self-incrimination and the right to life and personal liberty.Less
After almost a decade of upholding the use of narcoanalysis by criminal investigation agencies, the Indian judiciary has finally recognised and condemned its abusive nature. In Smt. Selvi & Ors v. State of Karnataka, the Supreme Court called for a ban on all involuntary administration of narcoanalysis and the withholding in court of all evidence directly obtained from even voluntary administration of the tests. The scientific validity of narcoanalysis and the reliability of its results have long been controversial. This chapter shows that the use of narcoanalysis is not only ineffective in obtaining truthful information, but also violates fundamental civil rights protected by international law and the Indian Constitution. It also argues that the test violates the rights against self-incrimination and the right to life and personal liberty.
Stefan Petrow
- Published in print:
- 1994
- Published Online:
- October 2011
- ISBN:
- 9780198201656
- eISBN:
- 9780191674976
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198201656.003.0004
- Subject:
- History, British and Irish Modern History
In the 19th century, the introduction of the role of detective was met by contempt and uncertainty. Detective methods such as spying were deemed offending particularly in liberal England. Although ...
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In the 19th century, the introduction of the role of detective was met by contempt and uncertainty. Detective methods such as spying were deemed offending particularly in liberal England. Although met by hostility, the number of detectives was increased by 1869 prompting the creation of the Criminal Investigation Department (CID). Because of the great fear of espionage, the CID adopted a method of prevention instead of detection. This presented new problems as it meant employing secretive methods to disclose a brewing crime. These secretive methods were met by further criticisms that questioned the justifiability of these methods and the usage of the informer. Some criticism drew on the invasion of privacy, the perversion of criminal law to justify the entrapment of a criminal, and the regulations imposed on detectives. In this chapter these criticisms and questions on the role and the influence of detectives are carefully analyzed. The methods employed in the monitoring of criminals such as supervision, spying, are also discussed. The chapter also looks at the formation, development, training, and recruitment of detective police.Less
In the 19th century, the introduction of the role of detective was met by contempt and uncertainty. Detective methods such as spying were deemed offending particularly in liberal England. Although met by hostility, the number of detectives was increased by 1869 prompting the creation of the Criminal Investigation Department (CID). Because of the great fear of espionage, the CID adopted a method of prevention instead of detection. This presented new problems as it meant employing secretive methods to disclose a brewing crime. These secretive methods were met by further criticisms that questioned the justifiability of these methods and the usage of the informer. Some criticism drew on the invasion of privacy, the perversion of criminal law to justify the entrapment of a criminal, and the regulations imposed on detectives. In this chapter these criticisms and questions on the role and the influence of detectives are carefully analyzed. The methods employed in the monitoring of criminals such as supervision, spying, are also discussed. The chapter also looks at the formation, development, training, and recruitment of detective police.
Sara Sun Beale
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814787038
- eISBN:
- 9780814709375
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814787038.003.0009
- Subject:
- Law, Criminal Law and Criminology
This chapter examines the overlapping jurisdiction of federal and state prosecutors over corporate misconduct. It begins with an overview of concurrent criminal jurisdiction and the potential for ...
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This chapter examines the overlapping jurisdiction of federal and state prosecutors over corporate misconduct. It begins with an overview of concurrent criminal jurisdiction and the potential for multijurisdictional prosecutions before considering a variety of circumstances under which prosecutors from multiple jurisdictions initiated criminal investigations or brought formal prosecutions concerning the same corporate conduct. It then discusses the barriers or factors limiting multistate regulatory prosecutions and the incentives for cooperation or conflict in multijurisdictional prosecutions, as well as the complexities that may arise if prosecutors in multijurisdictional cases do not cooperate voluntarily. It also describes the formal mechanisms to harmonize all the prosecutorial actors involved and the informal measures by which coordination occurs.Less
This chapter examines the overlapping jurisdiction of federal and state prosecutors over corporate misconduct. It begins with an overview of concurrent criminal jurisdiction and the potential for multijurisdictional prosecutions before considering a variety of circumstances under which prosecutors from multiple jurisdictions initiated criminal investigations or brought formal prosecutions concerning the same corporate conduct. It then discusses the barriers or factors limiting multistate regulatory prosecutions and the incentives for cooperation or conflict in multijurisdictional prosecutions, as well as the complexities that may arise if prosecutors in multijurisdictional cases do not cooperate voluntarily. It also describes the formal mechanisms to harmonize all the prosecutorial actors involved and the informal measures by which coordination occurs.
Stefan Braum
- Published in print:
- 2012
- Published Online:
- April 2015
- ISBN:
- 9780199844807
- eISBN:
- 9780190260033
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199844807.003.0006
- Subject:
- Law, Comparative Law
This chapter describes some basic problems of pretrial investigation in Europe, the reasons for these problems, and whether and how they can be overcome or at least handled. It presents actual ...
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This chapter describes some basic problems of pretrial investigation in Europe, the reasons for these problems, and whether and how they can be overcome or at least handled. It presents actual examples and tendencies of pretrial investigations in Europe, all of which belong to a context of social control. The change of social control helps explain the increasing significance of prosecutorial power within transnational procedural law, and it also draws specific attention to more general principles of law. All of these points allow reflection upon possible new orientations for a social context of criminal investigations, which have gone beyond state borders and have been integrated into a new structure of global justice.Less
This chapter describes some basic problems of pretrial investigation in Europe, the reasons for these problems, and whether and how they can be overcome or at least handled. It presents actual examples and tendencies of pretrial investigations in Europe, all of which belong to a context of social control. The change of social control helps explain the increasing significance of prosecutorial power within transnational procedural law, and it also draws specific attention to more general principles of law. All of these points allow reflection upon possible new orientations for a social context of criminal investigations, which have gone beyond state borders and have been integrated into a new structure of global justice.
Louise McReynolds
- Published in print:
- 2012
- Published Online:
- August 2016
- ISBN:
- 9780801451454
- eISBN:
- 9780801465901
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801451454.003.0003
- Subject:
- History, Russian and Former Soviet Union History
This chapter discusses the emergence of forensic medicine and its role in criminal investigations. In the nineteenth century, historian Roger Smith pointed out that “various so-called ‘knowledge ...
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This chapter discusses the emergence of forensic medicine and its role in criminal investigations. In the nineteenth century, historian Roger Smith pointed out that “various so-called ‘knowledge professions’ articulated a newly systematic conception of social authority dependent on expertise rather than either tradition or economic power.” These include law and medicine, but their “knowledges” could both overlap and conflict with each other when staking claims to interpreting the evidence in court. Peter the Great brought the two together in Russia with his Military Statute of 1716, which required doctors to perform autopsies in cases of violent deaths and to enter their reports into the legal record. Subsequently, a medical council formed in 1803 set rules for forensic procedures that were codified in 1828. Moreover, forensic medicine became a part of the curricula of law schools, where practicing doctors lectured to prospective attorneys.Less
This chapter discusses the emergence of forensic medicine and its role in criminal investigations. In the nineteenth century, historian Roger Smith pointed out that “various so-called ‘knowledge professions’ articulated a newly systematic conception of social authority dependent on expertise rather than either tradition or economic power.” These include law and medicine, but their “knowledges” could both overlap and conflict with each other when staking claims to interpreting the evidence in court. Peter the Great brought the two together in Russia with his Military Statute of 1716, which required doctors to perform autopsies in cases of violent deaths and to enter their reports into the legal record. Subsequently, a medical council formed in 1803 set rules for forensic procedures that were codified in 1828. Moreover, forensic medicine became a part of the curricula of law schools, where practicing doctors lectured to prospective attorneys.
Louise McReynolds
- Published in print:
- 2012
- Published Online:
- August 2016
- ISBN:
- 9780801451454
- eISBN:
- 9780801465901
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801451454.003.0002
- Subject:
- History, Russian and Former Soviet Union History
This chapter details the judicial reforms of 1864. Tsar Alexander II signed the declaration of independence for the Russian judiciary on November 20, 1864, with the promise to make justice “swift, ...
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This chapter details the judicial reforms of 1864. Tsar Alexander II signed the declaration of independence for the Russian judiciary on November 20, 1864, with the promise to make justice “swift, righteous, and benevolent.” Rather than changing laws or punishments, however, the Statutes of Criminal Procedure promulgated in 1864 restructured the ways in which crimes were investigated and prosecuted. Indeed, central to the reform of the judiciary was the transfer of criminal investigations away from the police to the office of the judicial investigator. As their education in jurisprudence was required, the investigators were judicial personnel who swore an oath of office and could not be fired without legal cause. With regards to prosecution, the reformers provided protection for defendants in that the judge had to “give the accused every possible means for acquittal.”Less
This chapter details the judicial reforms of 1864. Tsar Alexander II signed the declaration of independence for the Russian judiciary on November 20, 1864, with the promise to make justice “swift, righteous, and benevolent.” Rather than changing laws or punishments, however, the Statutes of Criminal Procedure promulgated in 1864 restructured the ways in which crimes were investigated and prosecuted. Indeed, central to the reform of the judiciary was the transfer of criminal investigations away from the police to the office of the judicial investigator. As their education in jurisprudence was required, the investigators were judicial personnel who swore an oath of office and could not be fired without legal cause. With regards to prosecution, the reformers provided protection for defendants in that the judge had to “give the accused every possible means for acquittal.”
Daniel Friedmann
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780190278502
- eISBN:
- 9780190278533
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190278502.003.0024
- Subject:
- Law, Comparative Law, Legal History
This chapter chronicles an unprecedented wave of criminal investigations and trials of central political figures, which occurred after Aharon Barak was appointed chief justice and Benjamin Netanyahu ...
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This chapter chronicles an unprecedented wave of criminal investigations and trials of central political figures, which occurred after Aharon Barak was appointed chief justice and Benjamin Netanyahu elected prime minister. Every prime minister who has served from 1996 to the present—Benjamin Netanyahu, Ehud Barak, Ariel Sharon, and Ehud Olmert—has come under criminal investigation, in some cases multiple times. On top of that, there has been a long list of criminal investigations of cabinet ministers and other public officials. At times there was justifiable cause for an investigation, but in many cases the impression has been that the suspicions were baseless or trivial, involving the kinds of deeds that hardly called for a criminal investigation and certainly not for criminal punishment. As such, most of these cases demonstrated prosecutorial overreach and raised the question of why and how could this have happened. The chapter also points out that in numerous cases the investigations and prosecutions were directed against personalities considered inimical to the legal revolution.Less
This chapter chronicles an unprecedented wave of criminal investigations and trials of central political figures, which occurred after Aharon Barak was appointed chief justice and Benjamin Netanyahu elected prime minister. Every prime minister who has served from 1996 to the present—Benjamin Netanyahu, Ehud Barak, Ariel Sharon, and Ehud Olmert—has come under criminal investigation, in some cases multiple times. On top of that, there has been a long list of criminal investigations of cabinet ministers and other public officials. At times there was justifiable cause for an investigation, but in many cases the impression has been that the suspicions were baseless or trivial, involving the kinds of deeds that hardly called for a criminal investigation and certainly not for criminal punishment. As such, most of these cases demonstrated prosecutorial overreach and raised the question of why and how could this have happened. The chapter also points out that in numerous cases the investigations and prosecutions were directed against personalities considered inimical to the legal revolution.
Matthew Bacon
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780199687381
- eISBN:
- 9780191813375
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199687381.003.0001
- Subject:
- Law, Criminal Law and Criminology
This chapter reviews the police studies literature on detectives and criminal investigations in order to provide a platform on which to consider the ethnographic exploration of those specialist ...
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This chapter reviews the police studies literature on detectives and criminal investigations in order to provide a platform on which to consider the ethnographic exploration of those specialist detective units that focus their efforts on detecting and investigating drug offences and bringing the offenders to justice. It analyses the nature of detective work, from the origins of the police detective through to the current context of criminal investigation, attends to some of the key themes and concepts that underpin the subject matters under discussion, and begins to examine key issues associated with changing the ways in which investigations are conceived, conducted, and controlled. It also explains why police organizations set up specialist squads to deal with certain forms of criminality and pays particular attention to the special features of detective work in the field of drug control.Less
This chapter reviews the police studies literature on detectives and criminal investigations in order to provide a platform on which to consider the ethnographic exploration of those specialist detective units that focus their efforts on detecting and investigating drug offences and bringing the offenders to justice. It analyses the nature of detective work, from the origins of the police detective through to the current context of criminal investigation, attends to some of the key themes and concepts that underpin the subject matters under discussion, and begins to examine key issues associated with changing the ways in which investigations are conceived, conducted, and controlled. It also explains why police organizations set up specialist squads to deal with certain forms of criminality and pays particular attention to the special features of detective work in the field of drug control.
Dean A. Dabney and Richard Tewksbury
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780520290464
- eISBN:
- 9780520964624
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520290464.001.0001
- Subject:
- Sociology, Law, Crime and Deviance
Confidential informants have long occupied central role in the criminal investigation efforts of law enforcement authorities. Yet, there exists minimal contemporary scholarship to help illuminate the ...
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Confidential informants have long occupied central role in the criminal investigation efforts of law enforcement authorities. Yet, there exists minimal contemporary scholarship to help illuminate the complex relationships and roles associated with covert intelligence gathering. This book draws upon a rich array of fieldwork and face-to-face interviews with police officers to provide insight into the confidential informant phenomenon. This concept of the police-citizen information exchange is set forth to account for the broad rubric of intelligence collection done by police. A four-part framework is provided to organize the exchange types based upon the motivations and goals that underlie the relationship. The utility of confidential informants is thoroughly explored, with attention focused on the potential benefits and pitfalls that follow. Detailed consideration is given to how officers recruit, nurture, and manage confidential informants. We argue that the police-citizen information exchange has become deeply woven into the fabric of contemporary policing, beginning with vice crime enforcement but emanating outward, so much so that scaling it back warrants a series of daunting practical considerations.Less
Confidential informants have long occupied central role in the criminal investigation efforts of law enforcement authorities. Yet, there exists minimal contemporary scholarship to help illuminate the complex relationships and roles associated with covert intelligence gathering. This book draws upon a rich array of fieldwork and face-to-face interviews with police officers to provide insight into the confidential informant phenomenon. This concept of the police-citizen information exchange is set forth to account for the broad rubric of intelligence collection done by police. A four-part framework is provided to organize the exchange types based upon the motivations and goals that underlie the relationship. The utility of confidential informants is thoroughly explored, with attention focused on the potential benefits and pitfalls that follow. Detailed consideration is given to how officers recruit, nurture, and manage confidential informants. We argue that the police-citizen information exchange has become deeply woven into the fabric of contemporary policing, beginning with vice crime enforcement but emanating outward, so much so that scaling it back warrants a series of daunting practical considerations.
Matthew Bacon
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780199687381
- eISBN:
- 9780191813375
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199687381.003.0008
- Subject:
- Law, Criminal Law and Criminology
This chapter provides an account of the everyday realities of the war on drugs by examining the dynamics and dilemmas of how drug investigations are planned, authorized, and carried out after a case ...
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This chapter provides an account of the everyday realities of the war on drugs by examining the dynamics and dilemmas of how drug investigations are planned, authorized, and carried out after a case becomes operational. Attention is given to drug warrants, covert surveillance, and test purchase operations—the tactical resolutions that were used time and again for taking care of business. It focuses on the occupational perspective and practices of detectives, how they interpreted, made sense of, and manipulated the rules of the drug game, and the ways in which they used intelligence, gathered evidence, exercised power, and defined success.Less
This chapter provides an account of the everyday realities of the war on drugs by examining the dynamics and dilemmas of how drug investigations are planned, authorized, and carried out after a case becomes operational. Attention is given to drug warrants, covert surveillance, and test purchase operations—the tactical resolutions that were used time and again for taking care of business. It focuses on the occupational perspective and practices of detectives, how they interpreted, made sense of, and manipulated the rules of the drug game, and the ways in which they used intelligence, gathered evidence, exercised power, and defined success.
Marcelo Bergman
- Published in print:
- 2018
- Published Online:
- May 2018
- ISBN:
- 9780190608774
- eISBN:
- 9780190608804
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190608774.003.0007
- Subject:
- Sociology, Law, Crime and Deviance, Economic Sociology
This chapter focuses on the limited success of the police in improving public safety in most countries of the region, showing that in most countries law enforcement agencies have been unable to lead ...
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This chapter focuses on the limited success of the police in improving public safety in most countries of the region, showing that in most countries law enforcement agencies have been unable to lead effective anti-crime programs. Police structures and crime-fighting strategies are surveyed, and it is argued that police forces generally reacted slowly and erratically against rising crime, that they did not develop strong information systems to fight organized crime, and that they have lacked the support of citizens due to the past repression and corruption. Using arrest, survey, and administrative data this text underscores two variables that correlate with rising criminality: a) the failure to incorporate modern, large-scale policing techniques, particularly those that make use of information and intelligence, and b) the failure of police to adjust to new standards after transitions to democracies, undermining bonds of trust between police and citizens.Less
This chapter focuses on the limited success of the police in improving public safety in most countries of the region, showing that in most countries law enforcement agencies have been unable to lead effective anti-crime programs. Police structures and crime-fighting strategies are surveyed, and it is argued that police forces generally reacted slowly and erratically against rising crime, that they did not develop strong information systems to fight organized crime, and that they have lacked the support of citizens due to the past repression and corruption. Using arrest, survey, and administrative data this text underscores two variables that correlate with rising criminality: a) the failure to incorporate modern, large-scale policing techniques, particularly those that make use of information and intelligence, and b) the failure of police to adjust to new standards after transitions to democracies, undermining bonds of trust between police and citizens.
Matthew Bacon
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780199687381
- eISBN:
- 9780191813375
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199687381.003.0007
- Subject:
- Law, Criminal Law and Criminology
This chapter begins with a review of the academic literature in order to explore the police informer/handler relationship and attempts to reform the use and regulation of police informers. Particular ...
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This chapter begins with a review of the academic literature in order to explore the police informer/handler relationship and attempts to reform the use and regulation of police informers. Particular attention is paid to the moral dilemmas and practical problems of this covert policing strategy, as well as the changes introduced by the Regulation of Investigatory Powers Act 2000 (RIPA). These changes include the establishment of authorization procedures and dedicated source units. The chapter then presents and discusses empirical findings on the role of informants in drug investigations and examines how drug detectives perceived and operated within the regulatory constraints of the police informer system.Less
This chapter begins with a review of the academic literature in order to explore the police informer/handler relationship and attempts to reform the use and regulation of police informers. Particular attention is paid to the moral dilemmas and practical problems of this covert policing strategy, as well as the changes introduced by the Regulation of Investigatory Powers Act 2000 (RIPA). These changes include the establishment of authorization procedures and dedicated source units. The chapter then presents and discusses empirical findings on the role of informants in drug investigations and examines how drug detectives perceived and operated within the regulatory constraints of the police informer system.
Daniel Friedmann
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780190278502
- eISBN:
- 9780190278533
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190278502.003.0028
- Subject:
- Law, Comparative Law, Legal History
This chapter details the string of criminal investigations into Ehud Olmert’s affairs during his term as the sitting prime minister. He had been the target of multiple investigations which were ...
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This chapter details the string of criminal investigations into Ehud Olmert’s affairs during his term as the sitting prime minister. He had been the target of multiple investigations which were mostly unconnected to each other, some of which were outright frivolous. The results of the Second Lebanon War made Olmert highly unpopular and vulnerable and the volley of investigations has further weakened his position. Olmert, chafing under the wave of investigations against him and the public atmosphere it created, became highly critical of the state comptroller, Micha Lindenstrauss. This proved to be a tactical error, as Olmert’s position was further undermined following the Winograd Commission’s report. The drama of Olmret’s investigations reached its climax when Morris (Moshe) Talansky, an American businessman gave an early testimony in court in one of Olmert’s pending investigations. These, along with further tensions brewing within the Kadima Party, eventually led to Olmert’s resignation and to elections that were held in February 2009.Less
This chapter details the string of criminal investigations into Ehud Olmert’s affairs during his term as the sitting prime minister. He had been the target of multiple investigations which were mostly unconnected to each other, some of which were outright frivolous. The results of the Second Lebanon War made Olmert highly unpopular and vulnerable and the volley of investigations has further weakened his position. Olmert, chafing under the wave of investigations against him and the public atmosphere it created, became highly critical of the state comptroller, Micha Lindenstrauss. This proved to be a tactical error, as Olmert’s position was further undermined following the Winograd Commission’s report. The drama of Olmret’s investigations reached its climax when Morris (Moshe) Talansky, an American businessman gave an early testimony in court in one of Olmert’s pending investigations. These, along with further tensions brewing within the Kadima Party, eventually led to Olmert’s resignation and to elections that were held in February 2009.
Matthew Bacon
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780199687381
- eISBN:
- 9780191813375
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199687381.003.0006
- Subject:
- Law, Criminal Law and Criminology
This chapter examines the rise of intelligence-led policing and its impact on proactive detective work and the initiation of drug law enforcement operations. Particular attention is paid to the ...
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This chapter examines the rise of intelligence-led policing and its impact on proactive detective work and the initiation of drug law enforcement operations. Particular attention is paid to the establishment of the National Intelligence Model (NIM) in England and Wales. For the most part, it offers an in-depth analysis of the interactive relationship between the drug detectives and the organizational frameworks within which their formative intelligence and investigative practices were constructed and performed. Matters of substance include how the NIM has been received and the policy of ‘compliance’; the significance of drug strategies, official priorities, and performance management; what constituted ‘intelligence’, how it entered the police intelligence system, and the routine activities of intelligence work; and the setting of operational targets.Less
This chapter examines the rise of intelligence-led policing and its impact on proactive detective work and the initiation of drug law enforcement operations. Particular attention is paid to the establishment of the National Intelligence Model (NIM) in England and Wales. For the most part, it offers an in-depth analysis of the interactive relationship between the drug detectives and the organizational frameworks within which their formative intelligence and investigative practices were constructed and performed. Matters of substance include how the NIM has been received and the policy of ‘compliance’; the significance of drug strategies, official priorities, and performance management; what constituted ‘intelligence’, how it entered the police intelligence system, and the routine activities of intelligence work; and the setting of operational targets.
Samson W. Lim
- Published in print:
- 2016
- Published Online:
- November 2016
- ISBN:
- 9780824855253
- eISBN:
- 9780824869106
- Item type:
- book
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824855253.001.0001
- Subject:
- Society and Culture, Asian Studies
Siam’s New Detectives: Visualizing Crime and Conspiracy in Modern Thailand is an analytical history of the visual tools—fingerprints, maps, diagrams, and photographs—employed by the Thai police when ...
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Siam’s New Detectives: Visualizing Crime and Conspiracy in Modern Thailand is an analytical history of the visual tools—fingerprints, maps, diagrams, and photographs—employed by the Thai police when investigating crime. It covers the period between the late nineteenth century and the end of the Cold War, providing for the first time in English an overview of the development of modern police practices in Thailand. Based on a diverse set of primary sources including police reports, detective training manuals, trial records, newspaper stories, memoirs, archival documents, and hard-to-find crime fiction, the book makes two related arguments. First, the factuality of the visual evidence used in the criminal justice system stems as much from formal rules, such as proper lighting in a crime scene photo and standardized markings on maps, as the reality of the things being represented. Second, some images, once created, function as diagrams, helping the police produce truths about the criminal past. This generative power makes images useful as investigative aids. It also means understanding how modern legal systems operate requires an examination of the visual culture of the law, particularly the aesthetic rules that govern the generation and use of visual evidence.Less
Siam’s New Detectives: Visualizing Crime and Conspiracy in Modern Thailand is an analytical history of the visual tools—fingerprints, maps, diagrams, and photographs—employed by the Thai police when investigating crime. It covers the period between the late nineteenth century and the end of the Cold War, providing for the first time in English an overview of the development of modern police practices in Thailand. Based on a diverse set of primary sources including police reports, detective training manuals, trial records, newspaper stories, memoirs, archival documents, and hard-to-find crime fiction, the book makes two related arguments. First, the factuality of the visual evidence used in the criminal justice system stems as much from formal rules, such as proper lighting in a crime scene photo and standardized markings on maps, as the reality of the things being represented. Second, some images, once created, function as diagrams, helping the police produce truths about the criminal past. This generative power makes images useful as investigative aids. It also means understanding how modern legal systems operate requires an examination of the visual culture of the law, particularly the aesthetic rules that govern the generation and use of visual evidence.
Matthew Bacon
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780199687381
- eISBN:
- 9780191813375
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199687381.003.0009
- Subject:
- Law, Criminal Law and Criminology
This chapter pulls together some key findings in order to consider the extent to which detective practices were affected by the formal structural context of policing and explain why some behaviours ...
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This chapter pulls together some key findings in order to consider the extent to which detective practices were affected by the formal structural context of policing and explain why some behaviours and aspects of their culture were susceptible to change whereas others proved resistant and enduring. The discussion then moves on to make some recommendations for potentially workable alternatives to traditional enforcement strategies that are designed to stimulate further research and reconfigure the evolution of the policing of drugs. By applying regulatory theory to drug detective work, it is argued that one way forward is for the police to use their powers to beneficially shape drug markets according to the standards and purposes of harm reduction.Less
This chapter pulls together some key findings in order to consider the extent to which detective practices were affected by the formal structural context of policing and explain why some behaviours and aspects of their culture were susceptible to change whereas others proved resistant and enduring. The discussion then moves on to make some recommendations for potentially workable alternatives to traditional enforcement strategies that are designed to stimulate further research and reconfigure the evolution of the policing of drugs. By applying regulatory theory to drug detective work, it is argued that one way forward is for the police to use their powers to beneficially shape drug markets according to the standards and purposes of harm reduction.
Miriam Boeri
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9780520293465
- eISBN:
- 9780520966710
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520293465.003.0011
- Subject:
- Sociology, Law, Crime and Deviance
The book ends with the climax of Harry’s story, written as a slice-of-life account in the first person—from a perspective only he can tell. Bringing readers to the present time, Boeri narrates a ...
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The book ends with the climax of Harry’s story, written as a slice-of-life account in the first person—from a perspective only he can tell. Bringing readers to the present time, Boeri narrates a criminal investigation and a court case to illustrate in dramatic detail the continuing saga of the drug war, racial injustice, and mass incarceration.Less
The book ends with the climax of Harry’s story, written as a slice-of-life account in the first person—from a perspective only he can tell. Bringing readers to the present time, Boeri narrates a criminal investigation and a court case to illustrate in dramatic detail the continuing saga of the drug war, racial injustice, and mass incarceration.
Malcolm Anderson
- Published in print:
- 2011
- Published Online:
- February 2015
- ISBN:
- 9780199693641
- eISBN:
- 9780191803758
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199693641.003.0002
- Subject:
- Political Science, European Union
This chapter examines the myth about the omnipresence of the police in France. It first considers the reputation of the police as spies and agents provocateurs before turning to Eugène-François ...
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This chapter examines the myth about the omnipresence of the police in France. It first considers the reputation of the police as spies and agents provocateurs before turning to Eugène-François Vidocq (1775–1857), former head of Sûreté who captured the French imagination concerning the role and the nature of criminal investigation police. It then analyses the police’s connection with the criminal milieu given their use of criminals as informants, along with the belief that political considerations can sometimes influence criminal law enforcement. The chapter concludes with a discussion of the negative image of the police due to brutality, arbitrary behaviour, corruption, and lack of education.Less
This chapter examines the myth about the omnipresence of the police in France. It first considers the reputation of the police as spies and agents provocateurs before turning to Eugène-François Vidocq (1775–1857), former head of Sûreté who captured the French imagination concerning the role and the nature of criminal investigation police. It then analyses the police’s connection with the criminal milieu given their use of criminals as informants, along with the belief that political considerations can sometimes influence criminal law enforcement. The chapter concludes with a discussion of the negative image of the police due to brutality, arbitrary behaviour, corruption, and lack of education.
