CHDS State/Local / This thesis examines the interoperability of federal law enforcement's Big Six investigative agencies, to include the Federal Bureau of Investigation, Immigration and Customs Enforcement, Drug Enforcement Administration, Alcohol Tobacco Firearms and Explosives, Internal Revenue Service-CID, and the United States Secret Service-Investigations. The main issue is whether, in the post-9/11 environment of transnational and terrorist criminal threats, the current administrative and jurisdictional configuration of the Big Six within three executive epartments with overlapping duties marginalizes the nation's investigative work-product. This discussion includes the establishment of metrics used to gauge the functionality of the Big Six and, thus, to determine whether Negative Characteristics are present that materially affect the "total" mission. Ultimately, the conclusion is drawn that the integration of the Big Six into a single agency, namely the FBI, would better serve the nation's federal investigative law enforcement needs. This leads into the next area of discussion, which is how to integrate the Big Six. Associated with both these topics is an analysis of what the federal investigative mission means and whether it should include a domestic intelligence product. / Special Agent, Department of Homeland Security, ICE

Esta dissertação procurou identificar ações concretas que podem ser desenvolvidas para evitar torturas e violações de direitos humanos perpetrados por agentes da polícia no ato de investigação de crimes na província de Tete, em Moçambique. Através de entrevistas e questionários dirigidos aos agentes que compõem o sistema de administração da justiça – juízes, procuradores, membros da Liga Moçambicana dos Direitos Humanos, advogados do Instituto de Patrocínio e Assistência Jurídica e membros da Polícia de Moçambique – foi possível perceber as causas que levam os polícias a pautar pela tortura no ato da investigação criminal e identificar ações para evitá-la. A pesquisa revelou variadas causas que contribuem para que a polícia na Cidade de Tete cometa o crime de tortura durante a investigação de crimes: parte-se, pois, da má formação dos agentes policiais em matéria dos direitos humanos até a falta de uma lei própria que defina e criminalize a tortura em Moçambique, além da ausência de um advogado por parte do suspeito no momento do primeiro interrogatório policial e da fiscalização deficitária das celas da polícia e das penitenciárias por parte dos órgãos competentes (procuradores) para evitar casos de maus-tratos e/ou tratamentos desumanos nesses locais de detenção. Como recomendação, propõe-se a criação de uma lei própria e exclusiva que defina e incrimine a tortura; a presença obrigatória de um advogado durante o primeiro interrogatório policial – em caso de o indiciado não ter condições de contratar um advogado particular, que lhe seja garantido um defensor oficioso por parte do governo; a inspeção médica imediatamente após a detenção para apurar se o suspeito possui lesões corporais e, em caso afirmativo, a apuração das causas das lesões; revisões periódicas e formações sistemáticas de regras de interrogatórios, instruções, métodos e práticas aos agentes aplicadores das leis por parte do Estado; e a realização de visitas e inspeções regulares aos locais de detenção por um órgão independente que tenha poderes para ouvir queixas dos detidos de modo a obter informações sobre o tratamento policial. / This research aims to identify concrete actions that can be developed to prevent the violation of human rights and actions of torture performed by police officers on criminal investigation in the province of Tete, Mozambique. Interviews and questionnaires delivered to the agents responsible for the justice system, such as, judges, prosecutors, members of the Mozambican League of Human Rights, lawyers from the Institute for Legal Assistance and Representation, and police officers, have revealed why do police officers torture suspects under investigation, making it possible to identify actions that best prevent the violation of human rights in such cases. Among the causes that contribute for the police of the province of Tete, Mozambique, to commit the crime of torture during criminal investigation are: the poor instruction of police officers as far as Human Rights are concerned; the absence of a specific law to define and criminalize the practice of torture in the country; the absence of the attorney at the moment of the first police interrogation; and the lack of inspection in police cells and penitentiaries by relevant bodies (prosecutors) to prevent cases of abuse and ill-treatment in places of detention. As a recommendation, it is proposed: the creation of a separate and unique law to define, incriminate and apply an abstract criminal frame for the crime of torture; the mandatory presence of the attorney by the time of the first police interrogation (if the suspect is unable to get a private attorney on his own, then the government must ensure him a public defender); a physical exam right after the arrest so as to ascertain whether the suspect is injured (if so, the causes of the injury must be determined); regular systematic reviews and lectures on interrogation rules, instructions, methods and practices for laws agents; and regular visits and inspections in places of detention by an independent body that is empowered to hear complaints from prisoners in order to learn about police treatment.

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-03-14T12:01:51Z No. of bitstreams: 1 Eduardo Olavo Neves Canto Neto.pdf: 1003033 bytes, checksum: d7f2325706723d7ed3bb0918b71d4d31 (MD5) / Made available in DSpace on 2018-03-14T12:01:51Z (GMT). No. of bitstreams: 1 Eduardo Olavo Neves Canto Neto.pdf: 1003033 bytes, checksum: d7f2325706723d7ed3bb0918b71d4d31 (MD5) Previous issue date: 2018-02-16 / The text basically intends to demonstrate the importance of criminal investigation as an almost always present antecedent of the criminal prosecution in a Democratic State of Law. Based on an interpretation compatible with the constitutional principles, especially with regard to the double face of proportionality and its positive guarantee bias, it was sought to review the main criminal procedural postulates contained in the Major Law. In the sequence, the concept of the criminal investigation activity was approached, approaching its historical aspects, without neglecting its characteristics and purposes. Continuous, it was the origins of the Public Ministry, exclusive holder of the public criminal action, as well as of its structure in the exterior and in Brazil. In this line, considering the current formatting of Parquet, aimed at solving issues relevant to society without the need to be provoked to that extent, notes were drawn up on opposing theses and favorable to ministerial research. In order to bring some concreteness to the ideas exposed, mechanisms of obtaining evidence were indicated, with a brief analysis of those most used in the investigative activity. During the course, there were also brief considerations about the procedural systems, always with the eyes focused on the investigation by the Public Prosecution Service. The objective, quite honestly, was to present a critical and consistent view of the Brazilian reality, including what it says about the limitations that reach the organs in the provision of public services of undoubted relevance / O texto tem, basicamente, a intenção de demonstrar a importância da investigação criminal como antecedente quase sempre presente da ação penal condenatória num Estado Democrático de Direito. A partir de uma interpretação compatível com os princípios constitucionais, especialmente no que diz respeito à dupla face da proporcionalidade e seu viés de garantismo positivo, procurou-se passar em revista os principais postulados processuais penais contidos na Lei Maior. Na sequência, foi abordado o conceito da atividade de investigação criminal, abordando seus aspectos históricos, sem descuidar de suas características e finalidades. Ato contínuo, tratou-se das origens do Ministério Público, titular exclusivo da ação penal pública, bem como de sua estrutura no exterior e no Brasil. Nessa linha, considerando a formatação atual do Parquet, voltada à resolução de questões relevantes à sociedade sem a necessidade de ser provocado a tanto, foram elaborados apontamentos acerca das teses contrárias e favoráveis à investigação ministerial. Procurando trazer certa concretude às ideias expostas, foram indicados mecanismos de obtenção de provas, com breve análise daqueles mais utilizados na atividade investigatória. Durante o percurso, procedeu-se, também, a breves considerações acerca dos sistemas processuais, sempre com os olhos voltados à investigação pelo Ministério Público. O objetivo, de forma bastante honesta, foi o de apresentar uma visão crítica e consentânea com a realidade brasileira, inclusive no que diz com as limitações que atingem os órgãos na prestação de serviços públicos de induvidosa relevância

This research examines the content and process involved in developing criminal profiles. To assess the material typically included in profiles and the way that the conclusions are developed, a qualitative analysis of the content of profiles was undertaken. This included, among other things, the characteristics offered, their prevalence, and the most common characteristics by profiling method. A further quantitative study was undertaken employing Multidimensional Scaling (MDS) which revealed three general themes in the advice given. These included Crime Scene, Internal Offender and Offender Characteristic facets, each of which was comprised of features suggestive of that facet. For example, the Crime Scene facet typically described offender actions and their interpretation at the physical location of the criminal event, such as staging and methods of control.The study employed a sample of 49 profilers reflective of the four main schools of thought; Criminal Investigative Analysis (CIA), Investigative Psychology (IP), Diagnostic Evaluations (DE) and Behavioural Evidence Analysis (BEA). CIA profiles were greatest in number with a sample size of 19. There were 14 BEA profiles and 8 each of DE and IP profiles. Together, there were in excess of 3000 individual variables ranging from age, sex and race to employment, geography, mental illness and risk.Results indicate that the vast majority of profilers employ either research or personal belief in forming their opinions, and that physical evidence is used the least in justifying a profiler’s opinion. However, when considering the individual methods, BEA placed the greatest reliance on physical evidence and its interpretation according with the forensic science philosophy of the method. CIA, the method used by the FBI, produced the most characteristics of the sample at 312 across 19 profiles, followed by BEA at 166 characteristics across 14 profiles. IP and DE profiles, with a sample size of eight each, had 90 and 61 characteristics respectively.Beyond these findings, the implication of the research will be discussed and some future direction for this research and the field in general will be provided. These areas include education, training, the scientific method and professionalisation. This thesis will also canvass the issue of whether profiling is an art or a science with particular reference to the research results and the existing literature that has bothered to address this issue.

No description available.

Eyewitness identification evidence is often essential in criminal investigations, yet little is known about how police investigators evaluate identification evidence. This research simulated a police investigation by having participant-investigators obtain information about a crime, examine a database of potential suspects with the goal of choosing a likely suspect for the crime, and evaluate an eyewitness's lineup identification decision. Experiments 1 and 2 examined the effect of order of presentation of the eyewitness decision. When the eyewitness identified the investigator's suspect, ratings of the suspect's guilt were similar regardless of when the eyewitness decision occurred. However, when the witness reported that the culprit was not present in the lineup, a recency effect occurred (the information that was presented last had a larger impact). Experiment 3 continued to examine order effects while also examining how investigators evaluated alibi information and eyewitness testimony when they had already identified a suspect in the case. The investigators evaluated alibi evidence that was either strong or weak (in regards to exonerating the suspect) and eyewitness evidence involving a witness who either identified the investigator's suspect or rejected the suspect (by not making an identification). The order of presentation of the alibi information and eyewitness testimony was manipulated such that half of the participants received the alibi information before the eyewitness testimony while the other half received the alibi information after the eyewitness testimony. Both the eyewitness decision and alibi evidence affected ratings of guilt. A recency effect was present only in the ID Suspect/Strong alibi conditions, such that when investigators saw the witness identify the suspect and then received the strong alibi, they rated the likelihood that their suspect had committed the crime as lower than when they received the strong alibi first and then saw the witness identification. Otherwise, the two forms of evidence had an additive effect. Together, these studies provide a valuable examination of the influence of presentation order and the importance of different forms of evidence on role-playing police investigators.

This research examines the content and process involved in developing criminal profiles. To assess the material typically included in profiles and the way that the conclusions are developed, a qualitative analysis of the content of profiles was undertaken. This included, among other things, the characteristics offered, their prevalence, and the most common characteristics by profiling method. A further quantitative study was undertaken employing Multidimensional Scaling (MDS) which revealed three general themes in the advice given. These included Crime Scene, Internal Offender and Offender Characteristic facets, each of which was comprised of features suggestive of that facet. For example, the Crime Scene facet typically described offender actions and their interpretation at the physical location of the criminal event, such as staging and methods of control.The study employed a sample of 49 profilers reflective of the four main schools of thought; Criminal Investigative Analysis (CIA), Investigative Psychology (IP), Diagnostic Evaluations (DE) and Behavioural Evidence Analysis (BEA). CIA profiles were greatest in number with a sample size of 19. There were 14 BEA profiles and 8 each of DE and IP profiles. Together, there were in excess of 3000 individual variables ranging from age, sex and race to employment, geography, mental illness and risk.Results indicate that the vast majority of profilers employ either research or personal belief in forming their opinions, and that physical evidence is used the least in justifying a profiler’s opinion. However, when considering the individual methods, BEA placed the greatest reliance on physical evidence and its interpretation according with the forensic science philosophy of the method. CIA, the method used by the FBI, produced the most characteristics of the sample at 312 across 19 profiles, followed by BEA at 166 characteristics across 14 profiles. IP and DE profiles, with a sample size of eight each, had 90 and 61 characteristics respectively.Beyond these findings, the implication of the research will be discussed and some future direction for this research and the field in general will be provided. These areas include education, training, the scientific method and professionalisation. This thesis will also canvass the issue of whether profiling is an art or a science with particular reference to the research results and the existing literature that has bothered to address this issue.

Thesis (Ph. D.)--University of North Texas, Aug., 2007. / Title from title page display. Includes bibliographical references.

Thesis (doctoral)--Universität Salzburg, 2004. / Includes bibliographical references (p. 230-238).

Thesis (M. Laws) -- Flinders University, Faculty of Education, Humanities, Law and Theology. / Typescript (bound). Includes bibliographical references (p. 223-248). Also available online.