scholarly journals CRIMINALLY-LEGAL MAINTENANCE OF OPERATIONAL-INVESTIGATIVE ACTIVITY IN AUSTRALIA AND THE UNITED STATES: THE EXPERIENCE FOR THE RUSSIAN LEGISLATOR

2017 ◽  
Vol 3 (3) ◽  
pp. 80-85
Author(s):  
Геннадий Шкабин ◽  
Gennadiy Shkabin
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Criminal Law ◽  
The United States ◽  
Legal Regulation ◽  
Scientific Basis ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Long Time ◽  
Lawful Conduct

For a relatively long time there is consideration of criminal law maintenance for secrecy activity of law enforcement agencies in order to combat crime in the legislation, judicial practice and jurisprudence of some foreign countries. In many states this process has undergone numerous changes. The article presents the experience of legal regulation of causing harm during performance of activities, which is called operational-investigative in Russia. The provisions of legal acts and court decisions of Australia and the United States as the countries with the most developed regulatory and scientific basis for solving these problems are analyzed. It is noted that in both countries the root cause of the formation of the regulatory framework dedicated to harm causing during covert operations were specific criminal cases. The legislation of Australia, which establishes the procedure for controlled operations causing harm to the objects of criminal law protection, is considered. The conditions of the legitimacy of the controlled behavior are described. Attention is paid to the border admissibility of acts as well as the release of the Australian legislator since 2010, the so-called auxiliary crime during a controlled operation. Legal maintenance for acts of secret FBI employees in USA, conditions of their lawful conduct and the limits of harm causing are described. The author comes to a conclusion that the representatives of US law enforcement-enforcement agencies have extremely broad powers during operational implementation. Based on the review conclusions, including and recommendations for the improvement of the Russian legislation are drawn.

scholarly journals CYBERCRIME COMPARISON UNDER CRIMINAL LAW IN SOME COUNTRIES

2018 ◽  
Vol 5 (2) ◽  
pp. 217
Author(s):  
Andri Winjaya Laksana
Keyword(s):  
United States ◽  
Law Enforcement ◽  
The Netherlands ◽  
Criminal Law ◽  
The United States ◽  
The Philippines ◽  
The Internet ◽  
Law Enforcement Agencies ◽  
Intelligence Services ◽  
Cross Country

Cybercrime has been become a major portion for law enforcement agencies and intelligence services to both national and international matter, development of information and technology’s crime resulted in every country have a different policy of criminalization. The emphasis on cross-country has made a crime on the internet is not just a national issue, but has become an International problem. therefore it is important to have uniformity in the prevention of cybercrime that this crime can be solved. Based on the comparison of cybercrime that included the rules from various countries including the United States, Singapore, the Netherlands, the Philippines, Myanmar as a reference in the application of criminal law enforcement regulations regarding cybercrime seal the document.

Racializing Crimmigration

2016 ◽  
Vol 3 (1) ◽  
pp. 82-95 ◽  
Author(s):  
Amada Armenta
Keyword(s):  
United States ◽  
Law Enforcement ◽  
The United States ◽  
Immigration Enforcement ◽  
Law Enforcement Agencies ◽  
Local Law Enforcement ◽  
Local Jail ◽  
Colorblind Ideology ◽  
Local Actors ◽  
Local Law

Deporting “criminal aliens” has become the highest priority in American immigration enforcement. Today, most deportations are achieved through the “crimmigration” system, a term that describes the convergence of the criminal justice and immigration enforcement systems. Emerging research argues that U.S. immigration enforcement is a “racial project” that subordinates and racializes Latino residents in the United States. This article examines the role of local law enforcement agencies in the racialization process by focusing on the techniques and logics that drive law enforcement practices across two agencies, I argue that local law enforcement agents racialize Latinos by punishing illegality through their daily, and sometimes mundane, practices. Investigatory traffic stops put Latinos at disproportionate risk of arrest and citation, and processing at the local jail subjects unauthorized immigrants to deportation. Although a variety of local actors sustain the deportation system, most do not see themselves as active participants in immigrant removal and they explain their behavior through a colorblind ideology. This colorblind ideology obscures and naturalizes how organizational practices and laws converge to systematically criminalize and punish Latinos in the United States.

Building Bridges Between Researchers and Police Practitioners in Small and Midsize Law Enforcement Agencies in the United States

2021 ◽  
pp. 104398622199988
Author(s):  
Janice Iwama ◽  
Jack McDevitt ◽  
Robert Bieniecki
Keyword(s):  
United States ◽  
Law Enforcement ◽  
The United States ◽  
Law Enforcement Agencies ◽  
Local Police ◽  
Police Agencies

Although partnerships between researchers and police practitioners have increased over the last few decades in some of the largest police agencies in the United States, very few small agencies have engaged in a partnership with a researcher. Of the 18,000 local police agencies in the United States, small agencies with less than 25 sworn officers make up about three quarters of all police agencies. To support future collaborations between researchers and smaller police agencies, like those in Douglas County, Kansas, this article identifies challenges that researchers can address and explores how these relationships can benefit small police agencies across the United States.

9. National and international responses to computer-related crime

2020 ◽  
pp. 161-172
Author(s):  
Ian J. Lloyd
Keyword(s):  
United States ◽  
Criminal Law ◽  
Common Law ◽  
The United States ◽  
The Internet ◽  
Council Of Europe ◽  
Law Enforcement Agencies ◽  
Legislative History ◽  
Limited Effectiveness ◽  
Almost All

Computer related crime features increasingly prominently in criminal statistics. As we move towards a cashless society where money is represented by data held on a computer system, so the range and scale of conduct is assuming almost epidemic proportions. Significant issues arise whether and where particular forms of conduct constitute criminal offences. These decisions have historically been a matter for national authorities. As with many issues covered in this book, the emergence of the Internet has brought about significant changes as it has become increasingly apparent that national legislation can be of limited effectiveness. Although cross-border conduct has occurred for very many years and the doctrine of extradition is a well-established one, such actions were the exception to a norm in which all aspects of conduct occurred in a single jurisdiction. The United Kingdom’s legislative history in the field of computer related crime date to the Computer Misuse Act of 1990. In many respects, this legislation restated the position that had been reached under common law where a number of cases had determined that computer related conduct could be prosecuted under existing provisions of the criminal law. In 2001 the Council of Europe Cybercrime Convention was opened for signature and remains the most significant international instrument in the field, having been ratified by almost all European States and a number, including the United States, of non-European jurisdictions. As well as making provision for harmonising substantive criminal offences, there have been moves to enhance cooperation between law enforcement agencies at a procedural level.

scholarly journals CRIMINAL LIABILITY FOR HOMEOWNERS’ ASSOCIATION FRAUD IN THE UNITED STATES OF AMERICA

2017 ◽  
Vol 3 (4) ◽  
pp. 131-135
Author(s):  
Марина Романовская ◽  
Marina Romanovskaya
Keyword(s):  
United States ◽  
Criminal Law ◽  
United States Of America ◽  
Criminal Liability ◽  
The United States ◽  
Legal Regulation ◽  
Business Law ◽  
Apartment House ◽  
Homeowners Associations ◽  
Building Management

Relatively new type of business activity on apartment house management, which carry out the managing organizations, is on the hard way of development in present time. Numerous violations and crimes in this sphere are becoming more intellectual in nature. In some foreign countries the Association of homeowners (condominiums) is an analogue of our homeowners associations and the Institute of management of apartment houses has a long history. The author carried out the analysis of the main types of fraud in the apartment house management in the United States of America. Such acts include embezzlement (theft) of funds, violation of business law, falsification of the elections to the Board of the Association of owners of property, kickbacks in contracting, fictitious contracts. The main attention was focused on the specifics of the criminal-legal regulation of liability for fraudulent acts in the management of condominiums on the example of the criminal law of the State of California and certain judicial decisions. In particular, the influence of Anglo-Saxon legal system has found the expression in the fact that the criteria for recognition of the person guilty of embezzlement (embezzlement) of funds of owners of property determined by case law, not criminal law. The author has studied the positive experience of the counteraction of irregularities in the activities of the apartment house management by establishing the criminal prohibitions of the concealment or distortion of information on the financial status of the managing organization or condominium. Study of the foreign experience of the classification of crime, counteraction of financial violations in the sphere of apartment building management and reparations for victims of financial crimes will be useful for the scientific understanding of the problem of combating crimes in the sphere of apartment house management in our country.

scholarly journals Integrity…Courage…Honour: A Comparative Study of Law Enforcement Agencies

2020 ◽  
Vol 7 (4) ◽  
pp. p119
Author(s):  
Ansia Storm
Keyword(s):  
United States ◽  
South Africa ◽  
Law Enforcement ◽  
The United States ◽  
Law Enforcement Agencies ◽  
The United Kingdom ◽  
The Usa ◽  
Corruption Perception ◽  
First World ◽  
Preliminary Support

Purpose—The purpose of this paper was to compare three first-world countries’ law enforcement agencies to those of South Africa. The aim was to identify areas where South Africa’s agencies can improve to take the fighting of corruption to a higher level, and in doing so, improve their ranking on Transparency International’s scale, and their Corruption Perception Index.Design/methodology/approach—The author compared South Africa’s law enforcement agencies to those of the United States, the United Kingdom, and Australia to identify possible areas where South Africa’s agencies can improve.Findings—The results indicate preliminary support for areas in South Africa’s law enforcement agencies that need restructuring and improvement.Practical implications—Improved law enforcement agencies will assist in the fight against corruption, improving South Africa’s corruption perception index (among others), which might encourage foreign investment.Originality/value—The results of this study point to opportunities to strengthen law enforcement agencies in South Africa, which will result in improved crime-fighting abilities, higher prosecution rates, and improved crime statistics.Research limitations—Law enforcement agencies (which deals with corruption in general) from the USA, the U.K., and Australia will be explored and compared with those of South Africa.

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