Digital strip searches in Australia: A threat to the privilege against self-incrimination

Adam, Lisanne; Barns, Greg

doi:10.1177/1037969x20923073

Cited by 4 publications

(3 citation statements)

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“…The regulations were highly controversial and met with very mixed responses. 59 The district courts, as well as doctrine representatives, are not unanimous, however, in their conclusions and some voices appeared that the privilege against self-incrimination should be reformulated for the purpose of adjusting criminal proceedings to new technological challenges. 60 As a result, the more impact and meaning will have developing the position on this subject by constitutional courts.…”

Section: Self -Incrimination and Lie-detecting Technologiesthe Emergi...mentioning

confidence: 99%

role of constitutional courts in taming adverse impact of new technologies in the criminal proceedings

Marcia¹

2022

Rev. Bras. Dir. Proc. Penal

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This article presents the impact of constitutional courts in shaping the fair trial standards in the context of new technologies application in the criminal proceedings. Surveillance measures based on the use of new technologies by law enforcement agencies are highly intrusive in nature and may violate not only the constitutional right to privacy, but also, in the author's opinion, guarantees of the fair trial and procedural rights of the suspect. The aim of the article is to indicate to what extent constitutional courts have contributed to establishing the procedural standards in the activities of gathering evidence using new technologies (regarding both content and metadata), as well as to present potential problems in this area that courts will have to face in the future.

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Section: Self -Incrimination and Lie-detecting Technologiesthe Emergi...mentioning

confidence: 99%

role of constitutional courts in taming adverse impact of new technologies in the criminal proceedings

Marcia¹

2022

Rev. Bras. Dir. Proc. Penal

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“…That is, will the benefit of allowing the evidence outweigh the negative impact it might have for the accused? This can result in admission of evidence that may be obtained improperly or illegally due to its sufficient probative value (Adam and Barns, 2020). A judge also may, upon request of a party to proceedings, further warn a jury about the dangers of uncorroborated evidence if he or she considers the evidence (e.g., identification evidence or confession evidence) unreliable (Evidence Act 1995 (Cth) section 165 (1) (a)–(b); Odgers, 2018) In the cases discussed below, the court assessed whether to exercise their judicial discretion by analyzing claims of police impropriety and involuntariness.…”

Section: Procedures In Practicementioning

confidence: 99%

Evidence-based policing in Australia: an examination of the appropriateness and transparency of lineup identification and investigative interviewing practices

Cullen

Adam

Golde

2021

International Journal of Police Science & Management

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Psychological research has been pivotal in influencing the way police forces globally approach and undertake criminal investigations. Increasing psychological research in recent years has led to the development of best-practice guidelines for conducting police investigations, across a number of key areas of criminal investigation. For example, procedures for creating and conducting lineups as recommended by the American Psychology-Law Society, and the UK-developed PEACE model for investigative interviewing, have both been of influence in Australia. However, the extent to which these evidence-based recommendations have been incorporated into policing practice within Australia is unclear. In this article, we conducted an exploratory review of publicly available policing documents within Australian states and territories, to determine the extent to which best practice lineup identification and investigative interviewing procedures have been adopted into police practice. The review revealed that for lineup identification procedures, many of the basic recommendations for conducting lineups were not incorporated into publicly available policing manuals. For investigative interviewing, it appeared on the surface that elements of the PEACE model were implemented within most Australian jurisdictions, albeit this was often not explicitly stated within policing documents. A key issue identified was a lack of (understandable) public transparency of policing procedure, as a number of Australian jurisdictions failed to have publicly available policing manuals or handbooks against which to evaluate their procedures. Therefore, we argue that there is a need for better collaboration between researchers and law enforcement in order to achieve evidence-based, transparent policing within Australia.

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“…Under such slogans, the legislation receives obvious preferences in relation to the law, which may carry some negative consequences of "legislative monopoly", gradually turning the legislation, according to legendary classics, exclusively into the "will of the ruling class. "For example, of interest is the opinion of Australian scholars discussing "the legislative activity and the reaction of the courts in the light of the privilege not to incriminate oneself" [12].…”

Section: IImentioning

confidence: 99%

Modern Transformations of Legal Consciousness in the Context of Digitalization of the Russian Economy

Vasiliev¹

2021

Proceedings of International Scientific and Practical Conference “Russia 2020 - A New Reality: Economy and Society” (ISPCR 2020

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The author analyses various approaches to understanding the legal consciousness that have recently been observed in Russia. The analysis focuses on the ways of how various views shape the concepts of the legal framework and corresponding requirements necessary for the effective promotion of the digital transformation of the Russian economy. There is an opinion that the successful outcome of the 'digital environment' project will be determined by the nature of the competition between two rivaling principles: the centralized and the decentralized. The outcome can be positively influenced by the law but subject to certain transformations of understanding of the law by users. It's assumed that the influence of the positivist approach makes it difficult for the Russian legislators to decide on the proper definition of the 'digital rights' concept. In this regard, a 'digital right' is viewed as a subjective right with a high level of discretion of the right holder, capable of providing effective regulation where it comes to: the 'virtual nature' of relations that do not fit into the traditional framework of physically visible areas of jurisdiction. A liberal and individualistic approach to understanding the law is viewed as desirable. This approach has been dominating in today's modern theory and practice. It makes it possible to successfully define digital rights, which is determined by their ability to allow the participants of relations to set the rules of conduct in a decentralized manner, making them beneficial for themselves (in their own interests). The participants are consciously becoming fully accountable for the outcome. Keywords-centralized management; the concept of legal consciousness, digital rights, digitalization of the economy, legal law, law and legislation I.

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Digital strip searches in Australia: A threat to the privilege against self-incrimination

Cited by 4 publications

References 0 publications

role of constitutional courts in taming adverse impact of new technologies in the criminal proceedings

role of constitutional courts in taming adverse impact of new technologies in the criminal proceedings

Evidence-based policing in Australia: an examination of the appropriateness and transparency of lineup identification and investigative interviewing practices

Modern Transformations of Legal Consciousness in the Context of Digitalization of the Russian Economy

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