Anticipative Criminal Investigation: Theory and Counterterrorism Practice in the Netherlands and the United States
The book assesses the adoption of counterterrorism measures in the Netherlands and the United States, which facilitate criminal investigations with a preventive focus (anticipative criminal investigations), from the perspective of rule of law principles. Anticipative criminal investigation has emerged in the legal systems of the Netherlands and the United States as a consequence of counterterrorism approaches where the objective of realizing terrorism prevention is combined with the objective to eventually prosecute and punish terrorists. This book has addressed this new preventive function of criminal justice and identified the rule of law principles limiting the role of criminal investigation in terrorism prevention. The possibilities and limits of criminal investigation in general and of cooperation and the division of responsibilities between law enforcement and intelligence have been addressed in a manner transcending differences between national legal systems. Valuable for academics and practitioners interested in criminal investigation, rule of law and counterterrorism.
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adopted agencies AIVD anticipative criminal investigation apply Article 8 ECHR assessment authority basis concerns conducted consequence considered context counterterrorism criminal investigative activities criminal investigative powers criminal justice system criminal law criminal procedural law criminal proceedings due process ECrtHR electronic surveillance evidence examining magistrate exclusionary rule federal FISA Court foreign intelligence foreign power Fourth Amendment framework Furthermore government’s guarantee Guidelines Hence Ibid interception interference intrusive Investigation of Terrorist investigative domain investigative purpose judicial Kamerstukken law enforcement legitimacy legitimate Mukasey national security investigations national security letters Netherlands pen registers persons police preliminary investigation presumption of innocence preventing terrorism proactive probable cause proportionality prosecution protection public prosecutor reasonable suspicion regard right to respect rule of law S.Ct scope Sect shield specific statutory subsidiarity Supreme Court terrorist crimes threat threshold Title United United Kingdom USA PATRIOT Act violation warrant