As a proactive, information-based policing approach, problem-oriented policing emphasizes the use of crime analysis techniques in the analysis of the underlying causes of the problems that police deal with. In particular, analysis applications can be powerful tools for criminal investigation, such as crime reconstruction, profiling, IAFIS, VICAP, and CODIS. The SARA Model represents a problem-solving strategy of problemoriented policing. It aims to address the underlying causes of the problems and create substantial solutions. However, implementing problem-oriented policing requires a significant change in both the philosophy and structure of police agencies. Not only American policing but also the Turkish National Police should consider problem-oriented policing as an alternative approach for solving criminal activities.

This two-part study of the criminal investigation process first evaluated the frequency with which patrol officers solve cases assigned to the investigations division and then examined how detectives spent their time, both on case assignments and on other activity not related to current case assignment. Cases assigned to the investigations division for follow up were examined to determine how often a case was cleared by the patrol officer. The detective's time was then evaluated in order to determine how much time detectives spent on investigative tasks and other activities. This study confirms that the patrol officer should be given more time to conduct preliminary investigations for specific cases, and that tasks performed by detectives could be shifted to other personnel in the department. Both actions should serve to positively impact case clearance rates.

Thesis (M.A.) - Carleton University, 2007. / Includes bibliographical references (p. 125-135). Also available in electronic format on the Internet.

This study has a twofold purpose in that it attempts to identify how knowledgeable investigators are about the collection and use of DNA in relation to the building of a criminal case, and to establish how optimally DNA as evidence is utilised. The study has revealed several shortcomings which render the use of DNA evidence inadmissible in criminal proceedings. The researcher also analysed other aspects relating to DNA evidence, namely: identification, individualisation, criminal investigation, forensic investigation, and objectives of criminal investigation. For criminal investigators to be successful in their investigation of cases involving DNA, it is imperative for them to have a clear understanding of the basic concepts surrounding DNA investigations and the value of DNA evidence. It is submitted that, because of a lack of knowledge in DNA-related investigations by detectives, a lack of training in DNA-related cases and delays in the collection of DNA evidence, valuable evidence is often lost and/or contaminated. This causes such evidence to become inadmissible in criminal proceedings, and has a negative impact on the conviction rate for such crimes. / Preface in English and Afrikaans / Hierdie studie het ’n tweevoudige doel in die poging om te identifiseer hoe kundig ondersoekers is aangaande die insameling en gebruik van DNA in terme van die bou van ’n kriminele saak en die vasstel van hoe DNA optimal [sic] as bewys gebruik kan word. Die studie het getoon dat daar verskeie tekortkominge is wat teweeg gebring het dat die gebruik van DNA bewys onaanvaarbaar was in kriminele prosedure. Die navorser het ook ander aspekte geanaliseer aangaande DNA bewyse, naamlik: identifikasie, individualisering van onderwerpe tydens ondersoek, kriminele ondersoek, forensiese ondersoek, en die aspekte van kri-minele ondersoeke. Vir die kriminele ondersoekers om suksesvol te wees in hulle ondersoek van sake waarby DNA betrokke is, is dit vir hulle van kardinale belang om ’n suiwere begrip van die basiese konsep rondom DNA ondersoeke en die waarde van DNA bewyse te hê. Dit is voortgebring dat, as gevolg van die tekort aan kennis in DNA ondersoeke, asook opleiding van DNA-sake by die speurders, en vertraging in die versameling van DNA bewysstukke, waardevolle bewyse is telkens verlore of gekontamineer. Dit veroorsaak dat sulke bewyse verwerp word in kriminele prosesse, en het ’n negatiewe impak op die vonnis statestieke [sic] vir sulke misdade. / Criminology / M.Tech. (Forensic Investigation)

Le droit processuel d'enquête vieillissant couplé à une infiltration législative fulgurante, ont indéniablement complexifié l'enquête pénale. Force est de constater que cette dernière, se trouve actuellement disséminée par branche, au sein du Code de procédure pénale. Au delà de la dichotomie classique des cadres d'enquête de police (enquête de flagrance et enquête préliminaire) gravitent d'autres types d'enquête, pour la majorité de création récente, qui ont pour effet de troubler de manière importante la compréhension et la lisibilité du droit ; à savoir l'enquête de mort suspecte, de l'enquête aux fins de recherche de mort disparue, de l'enquête de personne en fuite et enfin des enquêtes dérogatoires liées à la criminalité organisée. Tous sont autant de symboles d'une enquête inadaptée et obsolète. L'objectif est donc de permettre une simplification de la procédure afin de proposer, tant aux justiciables qu'aux professionnels, une enquête pénale policière à la fois simple et équilibrée. En d'autres termes, il est fondamental de rendre toute la clarté nécessaire à l'enquête pénale policière profondément obscurcie ces dernières années. Dans cet objectif de simplification, le rôle des acteurs de l'enquête, l'office du juge, ainsi que les actes d'investigation seront revus. Pour ce faire la Convention européenne des droits de l'homme et sa jurisprudence associée ainsi que les droits de la défense subiront une attention particulière, puisqu'ils restent la clef de voûte d'un système modéré. / The aging procedural law for investigations coupled with lightning-quick legislative infiltration have undeniably complicated criminal investigations. It must be noted that the latter is currently spread across multiple branches in the Code de procédure pénale (French Criminal Code). Beyond the classic dichotomy in the framework of police investigations (On the spot and preliminary investigations) have grown others, recent creations for the most part, which have severely impaired the comprehension and clarity of the law; specifically, investigations into the death of a suspect, investigations for research purposes of people missing and presumed dead, investigations of fugitives, and finally special investigations related to organized crime. These are all just as much symbols of inadequate and obsolete investigations. Therefore, the objective is to simplify proceedings and offer police criminal investigations that are simple and balanced to both parties before the court and legal professionals. In other words, it is essential to provide the full clarity required for police criminal investigations that have been seriously clouded in recent years. As part of this objective to simplify, the role of the actors in the investigation, the court, as well as the investigative acts will be reviewed. For this purpose, particular attention will be paid to the European Convention on Human Rights and its related case law as well as rights of the defense, as they remain the keystone of a moderated system

This thesis examines the evolution, applications, and statistical interpretations of DNA typing as a tool in the field of forensic science as well as in our criminal justice system. The most controversial aspect of DNA typing involves the determination of how likely it is that two people share the same DNA profile. This involves the use of population genetics and databases of allelic frequencies as well as some assumptions about population structuring.

The thesis is a historical study from a socio-legal perspective of debates about, and developments in, criminal investigation law in NSW since 1945. In that period, the NSW parliament has enacted extensive criminal investigation powers and safeguards. This can be seen as the result of the increasing political sensitivity of 'law and order'. Politicians have sought to exercise (and demonstrate) greater control over the criminal justice system. Legislation has been employed to provide a framework for police actions, and to define a role for others, including judges, magistrates and the Ombudsman. Political focus on law and order has also reversed the incentive structure for the police hierarchy. In the 1950s, there were strong incentives not to push for extra powers, lest policing practices and effectiveness receive unwanted scrutiny. In the 1970s, police were dragged into debate about their powers, in the face of the 'authorise and regulated' model suggested by numerous inquiries. More recently, police organisations have often initiated calls for new powers, in part to explain past failings. Another important factor driving debate and reform in recent decades has been the proliferation of oversight agencies, and academic insights that have debunked the 'rotten apple' paradigm. The Federal Government and Parliament have also been increasingly active in what would once have been considered purely State/Territory realms of criminal justice law and politics. These major influences have been coupled with a host of others, including the impact of a series of Royal Commission and law reform reports, the ongoing war on drugs, and the campaign against police verbals in the 1970s and 1980s. The examination of the forces that have influenced debate and reform yields other insights. For example, the complexity of the phenomenon of 'non-reform' is apparent from an examination of debates about policing in the 1950s. Prevailing trends in law and order politics (eg, that populist politics supports additional powers) can be seen to be anchored in the contemporary political context rather than being timeless truths. The multiple roles of law, in governing relationships between state agencies and actors, not just between police and suspects, are also highlighted.

The concept of Due Process of Law originates from the concept of rule of law in 18century in the Anglo-American legal tradition. Due process of law ensures the government will respect all of a person's legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. In the USA, the Fifth Amendment contains a guarantee of basic due process applicable only to actions of the federal government: "No person shall be... deprived of life, liberty, or property, without due process of law...." The Fourteenth Amendment contains the same phrase, but expressly applied to the States. The Due Process Clause has been interpreted by the Supreme Court as placing limitations on laws and legal proceedings in order to guarantee fundamental fairness, justice, and liberty. In Taiwan, most scholars would agree that the 8th provision of Constitution embodies the Due Process of Law. After the Grand Judge Committee formally quoted the Due Process of Law in the No. 384 Interpretation, there are some Interpretation imposed restrictions on legal procedures based on Due Process of Law to highlight the fulfillment of Rule of Law as a safeguard of the Fundamental Right. In 2001, the No. 535 Interpretation clearly notifies that the regulations of police temporary search , a stop-and-frisk law enforcement procedure, are not conformed to the constitutional principle of ¡§Gesetzesvorbehalt,¡¨ and sets out the enactment of the Police Authority Performing Act ¡]PAPA¡^in 2004. However, there is some latent verbal ambiguity in the law and regulations concerning police temporary search. This thesis thus aims at the clarifying the legitimacy of the discretion in the stop-and-frisk law enforcement procedure, distinguishing the contents of police temporary search as the administrative examine from those as criminal investigation, and discussing the evidential effect of items from illegal police temporary search through the comparative study of German, American, and Japanese law and regulations.

published_or_final_version / Public Administration / Master / Master of Public Administration

Consequences of refusing to participate in the criminal investigation or protective measures A quantitative study within a group of women assessed for risk of future intimate partner violence victimization Josefin Niit and Lisa Norrbin Abstract Intimate partner violence [IPV] is a global issue and IPV towards women have received increased attention during the last decades. The police perform a vital task in supporting victims of IPV and providing protective measures to prevent further violence. Some victims refuse to participate in the criminal investigation or protective measures, which can have consequences for the judicial process or the risk of future victimization. The aim of the present study was to investigate the consequences of refusing to participate in the criminal investigation or protective measures within a group of women assessed for risk of future IPV victimization. A quantitative approach was applied to compare women who refused to participate against women who participated. The sample consisted of 207 cases which were assessed with SARA:SV in the police county of Södertörn. The results demonstrated that when women refused to participate in the criminal investigation the cases were 6.2 times less likely prosecuted. Women who refused to participate in the protective measures were repeatedly victimized to the same amount, even though they in comparison were a lower risk group. However, these women were 4 times more likely victims of assault when repeatedly victimized. Findings from the current study provide useful knowledge about consequences for women who refuse to participate in the criminal investigation or protective measures and enables practical solutions for agents of the judicial system to further help these women. Keywords: Intimate partner violence, participation, criminal investigation, protective measures, SARA:SV / <p>2013-06-11</p>