NCJ Number
168352
Journal
International Review of Penal Law Dated: (3rd and 4th Trimesters 1996) Pages: 603-606
Date Published
1996
Length
4 pages
Annotation
The impact of organized crime on criminal procedures is examined from an international perspective and with respect to the presumption of innocence, the search for evidence, and the protection of persons.
Abstract
International agreements such as the European Convention for Safeguarding Human Rights and the International Pact on Civil Rights specify the basic principles of the rule of law. The increase in organized crime raises the issue of whether these principles should be maintained or revised. Organized crime may push the reversal of the burden of proof beyond what has occurred under the ordinary law. Another issue is whether organized crime has resulted changes in the places where evidence can be sought, techniques of seeking evidence, and the organizations investigating the evidence. A further issue relates to laws regarding the protection of witnesses who collaborate with the criminal justice system in the investigation and prosecution of organized crime and whether these protections are greater than that for other crimes.