Zoekresultaten

Financially motivated cybercriminal networks

Presentation by Rutger Leukfeldt on Financially motivated cybercriminal networks, during workshop on Cybercrime Offenders. Cybercrime perpetrators are as diverse and complex as the cybercrime that they commit. For example, they come from different backgrounds and have different (egotistical, technical, monetary, ideological, political, professional, vengeful, sexual or other) motivations. They may or may not be professional criminals, and individuals or part of organised groups or networks (example of Advanced Persistent Threats). Some may commit crime on their own account or make their services available to others, and some may be supported by or be state actors. A better understanding of the types of perpetrators and their motivations and techniques can be instrumental for the prevention of cybercrime and for a more effective criminal justice response. The aim of this workshop is to contribute to such a better understanding and to initiate steps towards a typology of offenders.

Deliberating justice policy in the European Union

Dit artikel stelt dat beleidsverandering binnen de Europese Unie (EU) ook voortkomt uit besluitvorming op dagelijks niveau. Om veranderingen aan te kunnen wijzen en te verklaren dient de traditionele rationele keuzetheorie en de oriëntatie op instrumenteel-strategisch handelen te worden aangevuld met een constructivistische zienswijze op discours als bron van verandering. Met de inzichten van constructivisten en communicatiewetenschappers wordt in dit artikel gekeken naar de voorwaarden en het zich voordoen van deliberatie als discursief proces dat beleidsverandering op dagelijks niveau bevordert. In dat verband is onderzoek verricht naar een tweetal besluitvormingsprocessen op het gebied van EU-justitiesamenwerking. De ene betreft een casestudie omtrent de onderhandelingen over de totstandkoming van het Europees Bewijsverkrijgingsbevel van 2008. De ander gaat over de onderhandelingen over een Raadsbesluit betreffende de toegang van politie tot het Visa Informatie Systeem. Uit beide casestudies blijkt dat onder bepaalde omstandigheden deliberatie uitmondend in beleidsverandering zich feitelijk heeft voorgedaan. ABSTRACT This paper argues that, in addition to the practice of strategic bargaining, one may very well find in the day-to-day running of the EU decision-making instances where changes in policy outcome result from occurrences of deliberation. Occurrences have indeed been signalled in both the 'EEW' and 'VIS' cases where negotiating parties engaged in reasoned exchanges of views that resulted in position shifts and even agreements on certain issues. Analysis of both cases demonstrates that in settings where the conditions of 'insulation','intensity' or 'access of non-state actors' were prominently present, deliberation and ensuing progress towards a more reasoned understanding of the issue concerned was more likely to occur. Furthermore, a certain detachment from technical detail, yet sufficient proximity to subject matter, absence of agenda constraints and small-group dynamics made it more likely that discussants were inclined to engage in more open-minded exchanges of views based on reason and argument. On balance, clearly identifiable occurrences of deliberation-promoting progress in decisionmaking have been found in the institutionally quite diversified and multifaceted environment of the EU. They can certainly be regarded as representative of other decision-making processes operating under similar conditions, processes of which the institutionally dense EU is particularly rich. In a way, the occurrences of deliberation identified constitute a path of progressive understanding that is bound to extend beyond the temporal boundaries of a specific decision-making procedure. Reasoned understandings on certain issues achieved in either the EEW or VIS process were likely to provide a fertile basis on which further reasoned discussion can evolve into other, future decision-making processes. As such the deliberative instances found in the EEW and the VIS cases are of all periods, including the post-Lisbon period, and should be examined as alternative sources of policy change in the EU, irrespective of the timeframe.

DNA in the criminal justice system

Sensemaking and evidence in criminal investigations of organised crime: A literature review

Producing evidence that can be used in court is a central goal of criminal investigations. Forensic science focuses with considerable success on the production of pieces of evidence from specific sources. However, less is known about how a team of investigating police officers progressively produces a body of evidence during the course of a criminal investigation. This literature review uses Weickian sensemaking to analyse what is known about this process in criminal investigations into organised crime. Focusing on the criminal investigation team, collective sensemaking is used as a lens through which to place the reasoning processes used in constructing evidence in a social context. In addition to describing three constituent parts of collective sensemaking relevant for criminal investigations, six factors are identified that influence the quality of collective sensemaking. Building on these results, nine focal points are presented for analysing the sensemaking processes in a criminal investigation team, aimed at advancing knowledge about the production of evidence in criminal investigations of organised crime. Furthermore, a definition of evidence is developed that is suitable for studying sensemaking in the context of an ongoing criminal investigation.

Data Science and criminal law

This chapter explores the legal and moral implications of the use of data science in criminal justice at two levels: police surveillance and the criminal trial of a defendant. At the first level, police surveillance, data science is used to identify places and people at high risk of criminal activity, allowing police officers to target surveillance and take proactive measures to try to prevent crime (predictive policing). At the second level, the criminal trial of a defendant, data science is used to make risk assessments to support decisions about bail, sentencing, probation, and supervision and detention orders for high-risk offenders. The use of data science at these levels has one thing in common: it is about predicting risk. The uncertainty associated with risk prediction raises specific related legal and ethical dilemmas, for example in the areas of reasonable suspicion, presumption of innocence, privacy, and the principle of non-discrimination.

The interpretation of forensic conclusions by criminal justice professionals: The same evidence interpreted differently

Forensic reports use various types of conclusions, such as a categorical (CAT) conclusion or a likelihood ratio (LR). In order to correctly assess the evidence, users of forensic reports need to understand the conclusion and its evidential strength. The aim of this paper is to study the interpretation of the evidential strength of forensic conclusions by criminal justice professionals. In an online questionnaire 269 professionals assessed 768 reports on fingerprint examination and answered questions that measured self-proclaimed and actual understanding of the reports and conclusions. The reports entailed CAT, verbal LR and numerical LR conclusions with low or high evidential strength and were assessed by crime scene investigators, police detectives, public prosecutors, criminal lawyers, and judges. The results show that about a quarter of all questions measuring actual understanding of the reports were answered incorrectly. The CAT conclusion was best understood for the weak conclusions, the three strong conclusions were all assessed similarly. The weak CAT conclusion correctly emphasizes the uncertainty of any conclusion type used. However, most participants underestimated the strength of this weak CAT conclusion compared to the other weak conclusion types. Looking at the self-proclaimed understanding of all professionals, they in general overestimated their actual understanding of all conclusion types.