The Legal Disputes on the Usage of the CCTV by Police Authority ー Focus on Criminal Evidence Rules
| Autor: | Po-ching Chang, 張博清 |
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| Rok vydání: | 2012 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 100 As the public’s distrust toward the social security is on the increase, the deployment of CCTV (Closed Circuit Television) is getting more and more common. In addition to the government organizations’ yearly allocation of budgets aimed for public-purpose-oriented CCTV deployment, CCTV deployed within legalized private territory by individuals is also quite common. Crime prevention is expected to be achieved through the deterrence effects from such defensive actions. CCTV can trace crime footprints by providing thorough and detailed witness of crime scenes when individuals unfortunately fall victim to unexpected threats. The faithfully-recorded facts can provide a more concrete, solid basis for the enforcement of the national punishment against crimes to achieve the purpose of Criminal Justice. Especially, when the police with their duty to bring criminals to justice on behalf of the nation, they are obligated to abide by related procedures when they employ CCTV visual facts in crime investigation. Currently, related laws that regulate the employment of CCTV visual information can be found in current laws; however, there are still no well-grounded regulations for the employment of visual information from individuals’ privately-installed CCTV, and the police’s access to it is still not concretely regulated, either. Nowadays, Criminal Justice System is not any more based on the sole purpose of finding out the truth, but based on the fulfillment of procedural justice to protect human rights. “Criminal facts should be defined by evidence against them and judgment about being criminal or not shall not be made without the support of evidence.” However, not all of the evidence is legally-qualified to serve as defining criminal facts. Every piece of evidence won’t be recognized as a qualified reference unless it is not ruled out after going through tests under the evidence rules of criminal justice system and the purpose of human rights protection can be fully achieved. Visual facts evidence are quite different from their traditional counterparts such as written facts or physical ones. As a result, disputes over whether to adopt CCTV-based visual facts as criminal evidence is controversial. This study is aimed to research the legal issues about these visual evidence’s qualification and the police’s means of acquiring access to CCTV-based visual evidence and how these facts are maneuvered. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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