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 classiﬁed concems consequence considered Constitution context counterterrorism criminal investigative activities criminal investigative powers criminal justice system criminal law criminal procedural law criminal proceedings deﬁned deﬁnition due process evidence examining magistrate exclusionary rule federal ﬁrst FISA Court foreign intelligence Fourth Amendment framework Furthermore guarantee Guidelines Hence inﬂuence interception Investigation of Terrorist investigative domain investigative ofﬁcers Kamerstukken 11 law enforcement legitimate Mukasey national security investigations national security letters Netherlands notiﬁcation ofﬁcial pen registers persons police preliminary investigation presumption of innocence principles proactive probable cause proportionality prosecution protection public prosecutor reasonable suspicion reﬂects regard regulation requirement right to respect rule of law S.Ct scope Sect shield speciﬁc statutory subsidiarity sufﬁcient Supreme Court terrorist crimes threat threshold Title trial United United Kingdom USA PATRIOT Act violation warrant