By Marianne F.H. Hirsch Ballin
The e-book assesses the adoption of counterterrorism measures within the Netherlands and the U.S., which facilitate legal investigations with a preventive concentration (anticipative legal investigations), from the viewpoint of rule of legislation rules. Anticipative felony research has emerged within the criminal structures of the Netherlands and the us on account of counterterrorism techniques the place the target of figuring out terrorism prevention is mixed with the target to finally prosecute and punish terrorists. This publication has addressed this new preventive functionality of felony justice and pointed out the guideline of legislations ideas proscribing the position of legal research in terrorism prevention. the chances and boundaries of felony research typically and of cooperation and the department of duties among legislation enforcement and intelligence were addressed in a fashion transcending modifications among nationwide felony platforms. precious for lecturers and practitioners attracted to legal research, rule of legislation and counterterrorism.
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Additional info for Anticipative Criminal Investigation: Theory and Counterterrorism Practice in the Netherlands and the United States
7 8 1 Introduction Netherlands adherence to the ‘Rechtsstaat’ covers the state’s subjection to limits on its power as provided by law. 8 Both Rechtsstaat and the rule of law reflect the idea of restricting state power by subjecting it to the law and providing for a normative organization of the state that has its origins in the Enlightenment. Although Rechtsstaat and the rule of law are concepts that have a different background and also a different and often rather elusive meaning, in this book I adopt a broad rule of law concept that covers also the normative elements aiming to restrict state power that can be attributed to the concept of the Rechtsstaat.
The criminal process may only be used for the purpose of convicting those who are guilty and the state must be restrained when using its powers by being subjected to principles of proportionality and subsidiarity, also against those who are suspected of a crime. Furthermore, respect for fundamental rights requires the state to provide a fair system and 28 Pompe 2008, 15. ’’ Habermas 1996, 449. ’’ 29 Van Zuijlen 2008, 2. 30 Beccaria 1971, 305-311. See also Foqué and ‘t Hart 1990, 84-91. 31 Foqué and ‘t Hart 1990, 15.
However, to distinguish this investigative area, where intelligence and law enforcement functions have come together, from a traditional criminal investigation, this new term of ‘anticipative’ investigation has been chosen. ‘Proactive’ has a clear connotation with a traditional criminal investigation both in the Netherlands and the United States: in the Netherlands ‘proactive’ has always been understood as the investigative activities before the establishment of a reasonable suspicion that a committed has been crime, whereas in the US ‘proactive’ is usually understood as a police-invoked as opposed to a citizen-invoked form of investigation.