| Popis: |
Directly after the terrorist attacks against the United States on September 11th 2001, the US adopted measures to prevent future terrorist attacks. The principal piece of legislation that has contributed to the realization of anticipative criminal investigation concerns the USA PATRIOT Act of 2001. The provisions that touch upon criminal investigative authority are analyzed. Furthermore, developments in the case law are described where the threat of terrorism has influenced new trends in the interpretation of constitutional limits on criminal investigative powers. Moreover, an important part of the Chapter is dedicated to focusing upon national security investigative powers in the prevention of terrorism, which have also been made possible for criminal investigative purposes. Relevant legislation, case law and the internal policy of the Department of Justice and the FBI are analyzed. On the basis of these different developments touching upon the fields of criminal procedure, constitutional interpretation and national security law, the specific characteristics of the anticipative criminal investigation, as it has taken shape in the United States, are identified. |
