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Contemporary Issues in Investigation in the UAE - Assignment Example

Summary
"Contemporary Issues in Investigation in the UAE" paper argues that the UAE introduced advanced methods of people’s identification in the seven Emirates. One of the main examples is the biometric device known as the Iris scanner which analysis and records a person’s unique patterns in the eyes.  …
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Extract of sample "Contemporary Issues in Investigation in the UAE"

Criminal Practice Student’s Name Subject Professor University/Institution Location Date The UAE introduced advanced methods of people’s identification in the seven Emirates. One of the main examples is the biometric device known as Iris scanner which analysis and records a person’s unique patterns in the eyes. Others include the fingerprints and facial recognition systems that are used mostly at airports and immigration departments. The mode of identification is designed to enable the authorities create identification records that are easily cross referenced with individual details such as the criminal or health records. This system is currently installed throughout UAE entry and exit points. As Rosenzweig, Kochems & Schwartz (2004) observes, the process involved with biometric data has significantly involved various steps that had been central in criminal detection and investigation processes. For its concrete understanding, the technology captures the raw data or record through the use of fingerprint, eyes or facial features reading device or a video camera. The distinct and distinguished characteristics involving the raw data support the creation of individual’s biometric template. Consequently, the template is then changed to mathematical representation for biometric sample which is then stored in different databases. This allows verification process to occur smoothly if an individual whose characteristics have been stored attempts to close or gain access to the sites that are restricted. This is the case with the UAE entry and exist points such as the borders, airports and other critical places. A person has to present their retina or fingerprint for reading which is then matched with biometric sample that are already recorded. If the verification is proven, the individual can then access to services or pass. UAE adoption of technological and electronic monitoring was designed to enforce detective, investigators, criminologists’ and security practices and programs. As Tong, Bryant, Horvath (2009) points out, in the past and before the adoption of electronic devices at the exit and entry points, criminologist and other investigators relied heavily on critical thinking skills, community-based programs and surveillance in order to meet the goals or investigations, reporting and ensuring compliance of members suspected, caught and involved with a certain crimes (Harfield, Grieve, MacVean & Phillips 2008). Today, the practice is changing and there is increasing technological dependency for monitoring, information search on suspects, restriction, surveillance and detention (Stelfox, 2009). As investigators, there are increased cyber capabilities in the field, practice and duty performance. The detective’s tricks alone are quite limited as they might not assure complete apprehension and public interest and thus investigation has undergone considerable change. Dando, Wilcock & Milne (2008) point out that, traditionally, in investigation and evaluation of suspects and criminals, as detectives, we relied on confessions, inferences, two-dimensional drawings and photographic evidences to relate some crucial patterns and information involved with criminals. It has however been difficult to established critical visualization and personal data with traditional procedures and tools. Currently, with combined computer and laser technology, it is possible to carry out high-definition survey, be able to create virtual scenes which allow the detectives and investigators to maneuver more detailed evidences (Newburn, Williamson & Wright 2007). The modes of improved investigations have given the law enforcement a clearer and complete picture of crime analysis and detection. Data collected by biometric devices are converted, stored and used in further creation of images which ultimately lead to identification. This work is carried out thorough a personal computer which easily takes the data and reveal the similarities on any screen. One strongest way in which the technology has allowed changes is preserving the data of individuals in an exact way. The data that is stored can further be transformed and manipulated in order to have more and additional clues that ultimately help the investigator and law enforcement systems. In addition, technological devices are expected to limit any personal data contamination like the fraud case. According to Newburn (2007), without sensitive technology, people would produce different documents and carry illegal agendas since the technology had not been up-to date. For instance, before the introduction of biometric devices, there have been cases of identification documents changes which could not be contained without efficient technology. Most crime scenes involved with crime are secured for further investigation. However, when an investigator inadvertently touched any object, the fingerprints, movements or disturbances made by moving objects, contaminated the crime scenes which consequently undermines the case. The current technology with standoff device allows the investigators to approach crime scenes through aligned stages which scan the outer perimeter and then proceed inward which reduce the chances of contamination. There is currently increased value for investigators and prosecutors for different crimes and cases. Evidence can be recreated thorough virtual scenes and made evident which clearly convinces the relevant judgments. Precisely, technology has brought convincing evidence through recreated scenes which are very critical aspect in the profession and legal system. The use of devices can be presented to juries, detectives and prosecutors through preserved information of criminals and crime scenes. This shows the jury an exact manner in which the incident happened and which could otherwise not have been possible or valuable with traditional skills and tools (Great Britain, 2009). However, the use of biometric devices has also played a concrete role in various criminal functions such as investigations, training, civil liability and emergency preparedness. Most professional in investigation and criminologist fields have to undergo constant training to be updated on the use of various devices and technological facilities involved with security. As Stelfox (2009) argues, technology changes have allowed participative practice where with little information, those who are not in detective and investigative professions variously help the law enforcement teams carry out their roles without much involvement. Before, security alertness and preparedness was left to a small number of practitioners who were particularly involved in issuance of identification documents, detection and enforcement. In case a criminal or a suspect was being followed or investigated of whereabouts, the other departments and points of exit and entry would not have helped much as the level of involvement was minimal. However, hi-tech and advances of technology has strongly brought various departments such as transport, health and institutions such as schools and banks to co-work with police, investigators and detectives in identifying, controlling, hostage and informing of whereabouts of such criminals and suspects (Great Britain, 2010). For instance, there are scans that are increasingly made at the entry, exit and structures such as hospitals, schools, airports and the records kept. In hostage situations, the devices are able to produce virtual scenes and combine it with real-time information to give tactical teams greater edges for hostage takers. Added security measures installed have improved security for people and business in UAE. There are many facets in the country where the technology has been implemented for security systems. The main area where biometric technology has been installed is immigrating centers and airports which ensure that the people cannot use fake identities to extend their illegal behaviors. Iris scanning has successfully been used in airports in controlling passages into airplanes and prevention of nonemployees from entry to secured locations. The information collected regarding passengers iris compared with stored information in databases. The database ensures that the persons are effectively searched and confirmed. Generally, the integration of technology in criminal investigation has had significant and wide-range effects to our profession. In one way, technology has reduced the need for comprehensive processes of investigation that used to be. The process which involved identification, tactical interviewing and investigating to apprehend a person has been reduced (Milne & Powell 2010). The goals are easily reached where the established information automatically allows the law enforcers to proceed with prosecution with evidence provided by technological devices. In contrast, the practice before involved an elaborate process of the reason behind crime perpetrating and the reasons why various individual behave in the way they do in certain situations. Kocsis (2009) argues that, a professional was able to establish various background and contexts that promoted a crime to occur through investigation process. This has usefully led to an understanding of the reason behind most crimes such as choices, conflict, routine activity, labeling or others and offer critical information to the policy makers or institutions to make and develop ways for control and rehabilitation of the criminals. Precisely, technology has fulfilled the old saying “the end justifies the means” which will really affect the way information was gathered and aspects of crime trends established. The use of technology in practice, has promoted the use of common approach to crime and criminal which is individual attribution. Recently, there is less approach into how crime occurred and the facilitative factors as it used to be before. The government and other stakeholders may fail to get the probable information which was accessed through investigation process to look for solution to social crimes. According to Snook et al (2008), detectives and investigators have for a long time used the information to categorize the levels of criminality and remedial steps to be taken for various perpetrations. However, this is limited when they cannot establish the various factors toward a crime. Some crimes might be categorized under similar outcomes and sanctions which might adversely affect some individuals than others. In the practice, when data was not automatically established, it was possible to take a longer process in consulting, analyzing and concluding on data. This has been limited and critical data is taken as irrelevant when more real-time information is readily accessible through the technology. As Newburn (2005) identifies, there have been two main approaches to crime control including law and order measures and social prevention programs that the theories mainly deal with. This consist the main approach used by practitioners in investigation, prosecution and detention process. Criminal investigation has changed from proactive to inactive practice. The personnel in investigation and detection fields are turning to complement their technological efficacy than they used to for analytical problem solving and criticism. The technology is preventive in nature while in the past; solutions were looked at through proactive application of new and contextual skills for crime control and prevention. As Harfield & Harfield (2008) argues, detectives have used the community and involved them as a cohesive part of crime prevention and control. Community was an active subset of the law enforcement through their decision, implementation, monitoring and assessment of the security issues and activities around them. Criminal perspective has been central is looking at distinctive personality conduct and criminality. The psychodynamics involving emotional and mental motivations to crime have been essential as strong points in looking at crime and criminality (Alison 2005). It has been possible to look at individual development, the conditioning and experience to learn unhealthy conducts and the perceptions that stimulate crime. From an investigative perspective, it has been argued that individual behaviors occur through learning and in a consistent manner. An offender’s method of activities or doing things is a learned behavior. The type of behavior is learnt and develops over time but varies and changes when the offender has gained experience. The offender goes on to build confidence and become involved with criminal justice system. The change usually manifests violence progression and consistent crimes (Almond, Alison & Porter 2007). As Ashworth & Redmayne (2005) points out, in most crimes, the offenders are oftentimes acting out subconsciously and form a pattern of behavior. This consequently reflects individual personality, developmental experiences and lifestyle. There are a pattern that can be realized for an ideal criminal, crime scene and program of criminal activities which can be related to personal development influenced by biological aspects, environmental, nature and nurture. Behavioral deviations occur through a pattern which has mainly formed the basis of investigation process. The formulation of deviance is usually traced to abnormal immoral development. It has been indicated that there are pattern of actions that are engaged in crime scenes and peculiar with certain personalities which repeatedly are seen in various criminal investigations. Criminal detective with an enhanced experience and comprehension of psychodynamics of the human behavior, use these perspectives in making it possible to develop a knowledge base that has been applied to review other similar cases. However, the introduction and overly emphasis on technology devices is changing the criminal perspective as crime scenes are no longer abstract in nature as they used to be but made concrete through the recreation promoted by the technology. The theory of crime investigation is increasingly loosing meaning in presence of advancing technology. Critical thinking skills and knowledge are overtaken by technological skills (Harfield, Grieve, MacVean & Phillips 2008). As much as there is desirable complementation, technology has gained an advantage and while applied, it has limited professional approach to crimes and criminal activities. Technology has continuously changed bringing in new tools to investigators for doing and accomplishing their jobs. The significance of technology has been making the investigators work easier as more tools are provided in investigation. As Smith (2013) argues, the analysis technology provides for crime scenes, DNA forensic analysis, and computers and fingerprints all help to bring criminals to justice. The practice has completely changed as the technology has benefitted investigators through re-opening cases that in the past were not possible to solve when the technology was not existent. Apart from the possibilities of bringing the offenders to justice, in most law investigations, technology has been used to research case law. Computer analysis has unveiled evidences that are then used to charge a person involved with money embezzlement, possessions of narcotics and fraud. The police and investigators have had more assistance from recent explosion of popular biometric devices. According to Maguire & John (2006), the various application of technology have cemented a more binding partnership between the investigators services and technological sciences which has completely changed the justice system in a manner that other investigation tools has not done before. Biometric analysis has improved investigations through providing potential information. The practice has significantly changed and it is now possible to solve particular difficult cases even when other investigative techniques fail. The case that was presented in court of law was subject to inaccuracies and gauged on the basis of probabilistic measures (Casey & Altheide 2010). However, currently, evidence has been concrete and this has promoted efficient proceeding with critical cases. In most cases, there were no witnesses and this was hard for investigators to proceed with cases even when there is a certain level of evidence; however technology has provided clues where witnesses cannot be accessed. It has been possible to find application in current and ever-widening number of cases. Technological developments have also seen unprecedented cases rise such as fraud and cybercrimes. These are contained through effective use of technological measures set to contain, control and prevent such crimes from occurring. In practice, there is a general reduction of wrongful arrests as used to be before. Guess work was used in identifying and hostage of suspect which in a way reduced effective safeguard of human rights. There has been an increased reliable evidence to use in prosecution. It has also been possible to link together the cases that otherwise would be not connected such as breaking, gang crimes, assaults, murders and other international investigations (Tong, Bryant & Horvath 2009). As Rosenzweig, Kochems & Schwartz (2004) argues, there is an increased focus for investigative processes that saves resources, money and time for police and detectives agencies. Biometric devices incorporation has shortened the whole investigation process through an influence of analysis to investigation direction. When there is information that enhances the conventional interrogative strategies, consequently, there is limited contest of evidence provided to the court. In most instances, trials have been shortened with the use of scientific and technological investigation. On the other hand, the needs for various trials have altogether been eliminated. This saves resources and allows it to be deployed in other areas for detectives and general justice system. Victims have also been spared from emotional burden. As Vrij (2008) argues, the practice has significantly reduced the level of general public anxiety which was not common in the recent past. The work of police and detective alleviated community concerns. When arrest were made, in some instances after arrest were made, the detectives and police would end up have insufficient evidence so as to proceed with a trial. In other instances, the suspects would then file civil lawsuits against detectives or police. In cases where an investigation ends in apprehending the wrong suspect, there is loss of valuable time in early investigation stages. Police and law enforcement teams have now relied on technological advances to analyze cases with appropriate resources use and possibly execute arrest after some critical testing. This has also been timely and less time consuming providing the necessary requirements. According to Hagan (2010), in theory, criminal investigation field encompasses various cognate areas which begin when it is reported or there is suspicion that a crime has occurred. A preliminary or initial evaluation is conducted to determine whether crime has occurred. This is conducted by an assigned investigator such as a police officer, detective, special agent, and investigator as jurisdictional entity deems it right. The rapid technological and scientific changes have brought changes in theory and practice and the role of criminal investigator. In a dramatic move, there is an increased and higher degree of specialization which was not existent in the past. According to Hunton (2009), there is more inclusion of forensic fraud and accounting, Internet stalking, cyber-crime, human trafficking, child pornography, children and women exploitation. The state has also opened up to specialized efforts by deploying training for homeland security, internationally organized crimes, and terrorism and cultural and art objects theft. The types of crimes have led to a change in law enforcement organizational structure as agencies and units are increasingly emerging. In the past, there has been a general practice by criminal investigating units in detection of crimes involved with property like robbery and burglary and violent crimes like sexual assault and homicide. However, today practice there are specialized units that has use the use of investigators in narrow perspective and with particular expertise (Jobling & Gill 2004). In relation to the criminal investigation area, the private sector has closely been incorporated in criminal investigations. Large corporations for instance have promoted their private investigative arms which focus on the criminal activities that are perpetrated against an organization. In addition, the tools both scientific and human have increased an emphasis on the roles of crime laboratory for forensic science and utilized the technology to support investigative functions (Smith 2013). The advances have been the going way through the analysis supported by sophisticated software. Relational databases and programs have developed patterns of identifying suspects and advanced the process of linking the common elements in criminal activities. The court decisions with the changes in procedural aspects in criminal investigation have led to a lot of criticism to many past practices in most areas of interagency cooperation. Criticism has been extended to the past processes of evidence collection, analysis, interviewing, interrogation, political, media and electronic surveillance. As Tong, Bryant, Horvath (2009) argues, in the past, methods of identification and producing evidence relied on social approach and perspectives. This relied heavily on investigators evidence and level of convincing report beyond reasonable doubt that the legal system always strive for. Today, the scientific data has increased in its adoption with biological and physical traits being esteemed best to proceed with criminal cases. Findings The current practice in investigation profession is faced with unprecedented changes due to advances of technology and its inclusion in supplementing the traditional practice (M'charek, 2008). This has therefore endeared partnership and collaboration between law enforcement community, social institutions like hospitals, schools and private sectors such as information communication technology and financial institutions (Great Britain, 2010). The various separate arms of investigators provide the necessary information which is needed to identify arrest, convict and apprehend crime perpetrators. The legal system will undergo transformation through the revision of ethics and practice and continuously adoption of the relevant efficient and effective means to deliver fast, most probable and resource-conscious judgments. Precisely, there will be changes in various levels of legal structure with increased specialization and re-invention of crime cases. The distinct units will then require an overarching system that is conscious of changes and implement them to meet the public and states demands (Ruffell & McKinley 2005). The existing and recruited workforce in law enforcement community will require constant training and refreshment which will be promoted through seminars, workshops, group learning programs and consultations. This will help to create the patterns of crimes from an approach based on the past, current and future developments and develop the precise measures to prevent, control and administer justice when crimes occur. The existing workforce must be updated and increasingly competent to prevent costly crimes that are possible with increased technological capabilities. As technology is highly adopted, the criminals are also increasing coming up with ways to interfere with technology for crimes. This calls for highly internal accountability and integrity in roles performance to avoid the possibility of assisted crimes which may reduce the effectiveness of technology. The investigators, technology operators and other third parties used in providing evidences like doctors need to be overly responsible for the system to derive its acclaim (Wall 2010). Secondly, as Ballin (2012) observes, policy will increasingly change to encompass various subsets of areas in need for investigation. There are new cases such as cyber crimes, social media defamation, children and women exploitation, child pornography and fraud which will require policy makers to come up with corrective policies to administer justice in various fields. In addition, the standards of prosecutorial investigation need to match with the current demands of establishing evidence, sufficient for apprehension and convicting. This wills emphasis the role of legislative frameworks, organizational and institutional culture to be relevant and take measures pertinent with cultural, social, political and economic issues of the current society. Recommendations The advances of technology will promote more application of security safety systems. However, there are challenges that will automatically arise and which will require an address. There will be imbalance between the needs that pertain to public’s interest and law enforcement community. The public will not be able to preserve its own liberties. The techniques that are under development to enable prediction of physical traits through technological devices and analysis will provide police and detectives with potential genetic eyewitness. The databanks will also use kinships relationships through their profile installed in the databanks. The use of such technology may raise moral and other ethical concerns. There will arise many questions about technological applications and conducts. The increased mobility of people through the globalization trends and concerns for security to curtail terrorism and crime will lead the law enforcement community to make their databanks more readily accessible. There will be cross border and regional agreements of linking information systems and databases. This can be easily done but essentially the practice is affected by separate jurisdictional law and principles in regard to the use of personal information (Innnes & Sheptycki 2004). The practice will endear partnership where scientist and law enforcement community to come together and work to deliver assurance. Technological analysis will be regarded as an excellent standard to develop impartial and unbiased scientific evidence to support the justice system. In addition, the inclusion of private sector in the investigation practices will see a new approach to structural management and overly separated units specializing in different areas of crime issues. This will require integrated management and levels of decision making to ensure that justice is applied in a common and objective manner. Williams & Johnson (2008) observes that, the technological evidences promoted by biometric and further application of DNA will play key role to investigate numerous crimes. Law enforcement community will increasingly use biometric and DNA analysis in providing evidences that had previously been unavailable. Due to compelling evidence value of technology, there will be an increasing expectation of impartial scientific evidence in courts (McCartney 2006). This will overly be used for impartial reviews for post conviction cases as convincing discriminatory ability is very instrumental to demonstrate support for convictions and exonerations. References Alison, L. J. (Ed.) 2005, The forensic psychologist's casebook: Psychological profiling and criminal investigation. Portland, OR: Willan. Almond, L., Alison, L., & Porter, L 2007, An evaluation and comparison of claims made in behavioural investigative advice reports compiled by the National Policing Improvements Agency in the United Kingdom. Journal of Investigative Psychology and Offender Profiling, 4(2), 71-83. Ashworth, A., & Redmayne, M 2005, The criminal process (Vol. 238). Oxford: Oxford University Press. Ballin, M 2012, Anticipative criminal investigation theory and counterterrorism practice in the Netherlands and the United States. The Hague Berlin: T. M. C. Asser Press Distributed by Springer. Casey, E. & Altheide, C 2010, Handbook of digital forensics and investigation. Amsterdam Boston: Elsevier/Academic. Dando, C., Wilcock, R., & Milne, R 2008, The cognitive interview: Inexperienced police officers' perceptions of their witness/victim interviewing practices. Legal and Criminological Psychology, 13(1), 59-70. Great Britain. Parliament. House of Commons. Northern Ireland Affairs Committee 2009, Cross-border co-operation between the Governments of the United Kingdom and the Republic of Ireland : report, together with formal minutes, oral and written evidence. London: TSO. Hagan, F. E 2010, Introduction to criminology: Theories, methods, and criminal behavior. Sage Publications, Incorporated. Harfield, C. and Harfield, K 2008, Intelligence; Intelligence, community and partnership. Oxford: Oxford University Press. Harfield, C., Grieve, J., MacVean, A., and Phillips, D. (Eds) 2008, Handbook of intelligent policing. Oxford: Oxford University Press. Hunton, P 2009, The growing phenomenon of crime and the internet: A cybercrime execution and analysis model. Computer Law & Security Review, 25(6), 528-535 Innnes, M., & Sheptycki, J. W 2004, From detection to disruption: Intelligence and the changing logic of police crime control in the United Kingdom. Int'l Crim. Just. Rev., 14, 1. Jobling, M. A., & Gill, P 2004, Encoded evidence: DNA in forensic analysis. Nature Reviews Genetics, 5(10), 739-751. Kocsis, R. N 2009, Criminal profiling. Applied Criminal Psychology: A Guide to Forensic Behavioral Sciences, 213. Maguire, M., & John, T 2006, Intelligence led policing, managerialism and community engagement: Competing priorities and the role of the National Intelligence Model in the UK. Policing & Society, 16(1), 67-85. M'charek, A 2008, Contrasts and comparisons: three practices of forensic investigation. Comparative Sociology, 7(3), 387-412. McCartney, C 2006, The DNA expansion programme and criminal investigation. British Journal of Criminology, 46(2), 175-192. Milne, B., & Powell, M 2010, 2.9 Investigative interviewing. The Cambridge handbook of forensic psychology, 208. Newburn, T 2005, Policing : key readings. Cullompton, Devon Portland, Or: Willan Pub. Newburn, T 2007, Criminology. Cullompton Portland, Or: Willan Pub. Newburn, T., Williamson, T., and Wright, A. (Eds.) 2007, Handbook of criminal investigation. Cullompton, Willan. Rosenzweig, P., Kochems, A., & Schwartz, A 2004, Biometric technologies: Security, legal, and policy implications. The Heritage Foundation, 21. Ruffell, A., & McKinley, J 2005, Forensic geoscience: applications of geology, geomorphology and geophysics to criminal investigations. Earth-Science Reviews, 69(3), 235-247. Smith, J 2013, Introducing forensic and criminal investigation. London: SAGE. Snook, B., Cullen, R. M., Bennell, C., Taylor, P. J., & Gendreau, P 2008, The Criminal Profiling Illusion What's Behind the Smoke and Mirrors?. Criminal Justice and Behavior, 35(10), 1257-1276. Stelfox, P 2009, Criminal investigation: An introduction to principles and practice. Cullompton, Willan. Tong, P., Bryant, R., Horvath, M 2009, Understanding criminal investigation. Chichester: Wiley Blackwell Vrij, A 2008, Nonverbal Dominance Versus Verbal Accuracy in Lie Detection A Plea to Change Police Practice. Criminal Justice and Behavior, 35(10), 1323-1336. Wall, D 2010, The Internet as a conduit for criminal activity. Information Technology and The Criminal Justice System, Pattavina, A., ed, 77-98. Walker, C 2006, Clamping down on terrorism in the United Kingdom. Journal of International Criminal Justice, 4(5), 1137-1151. Williamson, T 2006, Investigative interviewing : rights, research and regulation. Cullompton, UK Portland, Or: Willan. Williams, R. & Johnson, P 2008, Genetic policing : the use of DNA in criminal investigations. Cullompton, UK Portland, Or: Willan. Read More

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