TITLE:
Enhanced Forms of Criminal Investigation: Analysis on Its Potential Risks to Human Rights
AUTHORS:
Molalign Asmare Jemberie
KEYWORDS:
Enhanced Criminal Investigation, Rationales, Right to Privacy, Freedom of Expression, the Right to Freedom of Association and Assembly, the Right to Freedom of Movement and the Due Process Rights
JOURNAL NAME:
Beijing Law Review,
Vol.7 No.1,
March
2,
2016
ABSTRACT: Criminal investigation is the bedrock in fact inquiry for the criminal justice system. In the contemporary world, countries use technologically enhanced criminal investigation techniques for the alleged crime or for the probable crimes. The current trends show that those enhanced forms of criminal investigation techniques have been used in more extended manner. Such extended applications of those techniques have become the threats to individual rights such as right to privacy, freedom of expression, the right to freedom of association and assembly, the right to freedom of movement and the due process rights. This paper analyzes the available justifications, compatibility and ethical sides of these enhanced forms of investigating techniques by police or investigative organs. Moreover, it also critically analyzes the potential threats and implications of these enhanced forms of criminal investigations on the certain basic individual human rights. Under the umbrella of enhanced criminal investigation techniques, there are various special techniques. The scope of this paper is not to deal with the specific nature of each technique, rather it is limited only to the general behavior or characteristics, their underlying rationales and the possible threats on the rights of individuals.