| Popis: |
This chapter is dedicated to the legal background of the criminal investigation in the United States providing the required knowledge for an assessment of the adoption of a system of anticipative criminal investigation. An in-depth analysis of the complex entity of regulations demonstrates how the synthesis between the sword and the shield objective was embodied in the regulation of the criminal investigation until changes were adopted due to counterterrorism measures. This analysis concerns a combination of constitutional law, criminal procedural law, national security law, case law and internal policy. For this purpose the sword and shield tasks and the responsibilities of the different relevant actors are described, as well as the scope of investigative powers as follows from constitutional interpretation and further regulation in law and policy. The constitutional principles underpinning the shield function of the criminal investigation are identified and their regulatory influence is analyzed. In that regard, specific attention is paid to the constitutional interpretation and statutory regulation of the power of search and seizure, the relation of national security investigations to criminal justice, the influence of regulatory guidelines and the manner in which control over legitimate and fair criminal investigative activities is realized. |
