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Open Access
Article
Publication date: 11 August 2023

Jacobus Gerhardus J. Nortje and Daniel Christoffel Myburgh

This paper aims to identify impediments, discuss impediments and make recommendations for the impediments during the execution of a search and seizure warrant for digital evidence…

Abstract

Purpose

This paper aims to identify impediments, discuss impediments and make recommendations for the impediments during the execution of a search and seizure warrant for digital evidence in South African criminal cases.

Design/methodology/approach

The discussion of this article, the second article of two, focuses on a literature review of international and local impediments identified in case law and published research literature and how it is approached in various jurisdictions.

Findings

This study found that impediments identified and addressed internationally during the execution of a search and seizure warrant for digital evidence are relevant to South African criminal cases and still need to be addressed during the execution of a search and seizure warrant for digital evidence in South African criminal cases.

Research limitations/implications

Although searches and seizures for digital evidence are relevant to civil, regulatory and criminal investigations, this study focuses on the search and seizure for digital evidence in criminal matters with an emphasis on the provisions of the Criminal Procedure Act 51 of 1977 and the Cybercrimes Act 19 of 2020.

Originality/value

The originality of this paper lies in the procedures followed during the physical search and seizure of digital information during the execution of search and seizure warrants for digital information in South Africa. If the South African Police Service follows the recommended procedures, it will contribute to the success of the South African Police Service, which would result in the improved quality of investigations and successful prosecution of crime in South Africa.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

Open Access
Article
Publication date: 24 October 2023

Tinna Dögg Sigurdardóttir, Adrian West and Gisli Hannes Gudjonsson

This study aims to examine the scope and contribution of Forensic Clinical Psychology (FCP) advice from the National Crime Agency (NCA) to criminal investigations in the UK to…

1004

Abstract

Purpose

This study aims to examine the scope and contribution of Forensic Clinical Psychology (FCP) advice from the National Crime Agency (NCA) to criminal investigations in the UK to address the gap in current knowledge and research.

Design/methodology/approach

The 36 FCP reports reviewed were written between 2017 and 2021. They were analysed using Toulmin’s (1958) application of pertinent arguments to the evaluation process. The potential utility of the reports was analysed in terms of the advice provided.

Findings

Most of the reports involved murder and equivocal death. The reports focused primarily on understanding the offender’s psychopathology, actions, motivation and risk to self and others using a practitioner model of case study methodology. Out of the 539 claims, grounds were provided for 99% of the claims, 91% had designated modality, 62% of the claims were potentially verifiable and 57% of the claims were supported by a warrant and/or backing. Most of the reports provided either moderate or high insight into the offence/offender (92%) and potential for new leads (64%).

Practical implications

The advice provided relied heavily on extensive forensic clinical and investigative experience of offenders, guided by theory and research and was often performed under considerable time pressure. Flexibility, impartiality, rigour and resilience are essential prerequisites for this type of work.

Originality/value

To the best of the authors’ knowledge, this study is the first to systematically evaluate forensic clinical psychology reports from the NCA. It shows the pragmatic, dynamic and varied nature of FCP contributions to investigations and its potential utility.

Details

Journal of Criminal Psychology, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2009-3829

Keywords

Open Access
Article
Publication date: 6 July 2023

Jacobus Gerhardus J. Nortje and Daniel Christoffel Myburgh

The purpose of this paper is to identify and discuss impediments in the compilation of an application for a search and seizure warrant for digital evidence and the structure of…

Abstract

Purpose

The purpose of this paper is to identify and discuss impediments in the compilation of an application for a search and seizure warrant for digital evidence and the structure of such a warrant in South African criminal cases.

Design/methodology/approach

This paper provides a brief overview of international and local impediments, followed by a detailed discussion of the implications of these impediments and how it is approached in various jurisdictions. The methodology of this paper consists of a literature review.

Findings

Addressing the impediments in the compilation of the application and the warrant will be beneficial for forensic investigators, the South African Police Service (SAPS) and the administration of justice in South Africa.

Research limitations/implications

Search and seizures for digital evidence form part of civil, regulatory and criminal search and seizures. This study focuses on the search and seizure of digital evidence in criminal matters pursuant to mainly the provisions of the Criminal Procedure Act 51 of 1977 and the Cybercrimes Act 19 of 2020.

Originality/value

The originality of this paper lies in the approach to the drafting of applications for search and seizure warrants for digital information in South Africa. The contribution of the study is that, by using this approach, the SAPS can address the impediments during the application and compilation of the warrants, which would enhance the quality of investigations and contribute to the successful investigation and prosecution of crime in South Africa.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 3 April 2024

Petter Gottschalk

The purpose of this paper is to discuss the legal barriers to termination of an insurance arrangement where there is suspicion of money laundering when paying insurance premiums.

Abstract

Purpose

The purpose of this paper is to discuss the legal barriers to termination of an insurance arrangement where there is suspicion of money laundering when paying insurance premiums.

Design/methodology/approach

Trials in court between insurance firm and outlaw biker gangs regarding insurance of their clubhouses.

Findings

Protection of insured seems more important than prevention of money laundering.

Research limitations/implications

This is a case study that cannot be generalized.

Practical implications

Anti money laundering is difficult when competing with other considerations.

Social implications

Accusations of money laundering is not sufficient to terminate an insurance contract. Rather, solid evidence is needed.

Originality/value

This is a real case of failing anti-money laundering efforts.

Details

Journal of Money Laundering Control, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 6 October 2023

Llewelyn Gray Curlewis

The purpose of this paper is to bring to light the present civil and criminal asset forfeiture procedures within the South African context and to make suggestions for reform…

Abstract

Purpose

The purpose of this paper is to bring to light the present civil and criminal asset forfeiture procedures within the South African context and to make suggestions for reform thereof. While there exists and is a need for constant change and reform of the law to ensure that it remains transparent, up-to-date and applicable to all means through which economic crime can be committed, South Africa lacks the necessary resources and attitudes to accomplish this essential goal.

Design/methodology/approach

The approach used in this paper is purely qualitative using journal articles, textbooks, reports, periodicals, speeches and legislation as its basis. It is through a consolidation of this literature that this paper was formed.

Findings

While South Africa’s present system of asset forfeiture is producing some impressive results, the process still has vast room for improvement. There are key areas which this paper outlines for reform. However, the probability of improvement is relatively low owing to the levels of corruption, illicit activities and attitudes of mistrust within the South African society at large.

Originality/value

The concept of asset forfeiture is not new to any international jurisdiction, let alone South Africa itself. However, this paper aims to give insight into the specific South African experience of this procedure and how it can possibly be improved within the specific context.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 28 February 2024

Yoonjae Hwang, Sungwon Jung and Eun Joo Park

Initiator crimes, also known as near-repeat crimes, occur in places with known risk factors and vulnerabilities based on prior crime-related experiences or information…

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Abstract

Purpose

Initiator crimes, also known as near-repeat crimes, occur in places with known risk factors and vulnerabilities based on prior crime-related experiences or information. Consequently, the environment in which initiator crimes occur might be different from more general crime environments. This study aimed to analyse the differences between the environments of initiator crimes and general crimes, confirming the need for predicting initiator crimes.

Design/methodology/approach

We compared predictive models using data corresponding to initiator crimes and all residential burglaries without considering repetitive crime patterns as dependent variables. Using random forest and gradient boosting, representative ensemble models and predictive models were compared utilising various environmental factor data. Subsequently, we evaluated the performance of each predictive model to derive feature importance and partial dependence based on a highly predictive model.

Findings

By analysing environmental factors affecting overall residential burglary and initiator crimes, we observed notable differences in high-importance variables. Further analysis of the partial dependence of total residential burglary and initiator crimes based on these variables revealed distinct impacts on each crime. Moreover, initiator crimes took place in environments consistent with well-known theories in the field of environmental criminology.

Originality/value

Our findings indicate the possibility that results that do not appear through the existing theft crime prediction method will be identified in the initiator crime prediction model. Emphasising the importance of investigating the environments in which initiator crimes occur, this study underscores the potential of artificial intelligence (AI)-based approaches in creating a safe urban environment. By effectively preventing potential crimes, AI-driven prediction of initiator crimes can significantly contribute to enhancing urban safety.

Details

Archnet-IJAR: International Journal of Architectural Research, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2631-6862

Keywords

Article
Publication date: 27 February 2024

James Turner, Colin Rogers and Ian Pepper

The research aimed to explore the perceptions of aspiring future police officers studying at a university in relation to the actions to be taken with regards to typical posts on…

Abstract

Purpose

The research aimed to explore the perceptions of aspiring future police officers studying at a university in relation to the actions to be taken with regards to typical posts on social media by a fictitious off and on-duty police officer. This in turn would inform future police workforce requirements.

Design/methodology/approach

Policing students who expressed their aspirations as future police officers were recruited. A total of 99 students studying the College of Policing licensed Professional Policing Degree at the University of South Wales, took part in Hydra Immersive Simulations to ascertain their perception of social media posts by a fictitious serving police officer. The students were asked to rate the appropriateness of the social media posts as groups, and as individuals.

Findings

The findings suggest that, whilst the majority of students identified misconduct issues in the social media posts, the response to how the fictitious police officer should be dealt with varied. In addition, it would appear that there may be a need for those involved in policing education to reinforce, in an ongoing basis, knowledge of the College of Policing Code of Ethics, misconduct rules, regulations and increase awareness of unacceptable social media posts.

Research limitations/implications

The research was conducted with professional policing degree (PPD) students from one university.

Practical implications

It is important to reinforce The College of Policing Code of Ethics, expected professional standards and an understanding of what constitutes unacceptable social media posts throughout the education of aspiring police officers. As this has the potential, if recruited, to impact on the service.

Originality/value

Limited research has been conducted in relation to the College of Policing licensed higher education programme, the PPD, equipping aspiring police officers to successfully join the service and influence the cultural change.

Details

Higher Education, Skills and Work-Based Learning, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2042-3896

Keywords

Article
Publication date: 19 March 2024

Kyle Mulrooney, Karen Bullock, Christian Mouhanna and Alistair Harkness

This article examines challenges and strategies related to police relationships and engagement with rural communities in England and Wales, Australia and France. It aims to bridge…

Abstract

Purpose

This article examines challenges and strategies related to police relationships and engagement with rural communities in England and Wales, Australia and France. It aims to bridge a gap in knowledge around how police balance public demands with organisational and contextual constraints, exploring the role of communication technology in overcoming geographical and cultural barriers in rural policing.

Design/methodology/approach

The research draws upon 121 semi-structured interviews conducted across three distinct jurisdictions. In the United Kingdom and Australia, interviews were conducted via Microsoft Teams, while face-to-face interviews were conducted in France. Participants were recruited through the purposive sampling of police working in rural areas. The data were thematically analysed using NVivo Software.

Findings

Rural communities have low expectations of policing services, a consequence of geography, organisational structures and limited resource allocation. Building relationships can be challenging owing to isolation and terrain, the need for officers to have local and cultural knowledge, and difficulties in recruiting officers in rural posts. Technology-mediated communication has played a part in the solutions (e.g. social media). However, this may not always be suitable owing to limited connectivity, citizen and police preferences for communication and engagement, and the institutional and cultural nuances surrounding the application of technology.

Originality/value

This article provides empirical insights into the attitudes and experiences of rural police officers, highlighting the distinctive policing context and engagement needs of rural communities. The research underscores the necessity for contextually aware engagement. It suggests that while technology-mediated communication offers some solutions to spatial challenges, its effectiveness may be limited by access, generational preferences and the adaptability of police institutions and cultures.

Details

Policing: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 24 July 2023

Jonatas Dutra Sallaberry, Lauren Dal Bem Venturini, Isabel Martínez-Conesa and Leonardo Flach

This study aims to analyze the relationship between the personal responsibility, the intrinsic knowledge of the norms and the knowledge of signs of money laundering of accountants.

Abstract

Purpose

This study aims to analyze the relationship between the personal responsibility, the intrinsic knowledge of the norms and the knowledge of signs of money laundering of accountants.

Design/methodology/approach

The research was developed with responses from 381 Brazilian accounting professionals through a survey, statistically analyzed using structural equations.

Findings

The results indicate that personal responsibility directly affects the levels of intrinsic knowledge and knowledge about signs of money laundering; however, the different dimensions of knowledge were not related to each other.

Practical implications

From these results, organizations can clarify the individual about their responsibility, optimizing the use of training and mitigating costs, with greater sustainability and security for the organization, employees and business partners.

Social implications

The results contribute to the construction and modeling of latent constructs on money laundering knowledge, with validity, reliability and statistical significance.

Originality/value

This research discusses and empirically explores the knowledge about money laundering of the accountants’, one of the main explanatory factors of whistleblowing in business.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 26 March 2024

Scott W. Phillips and Tammy Rinehart Kochel

Active shooter incidents have risen considerably in recent years, elevating public and law enforcement focus on improving response to these incidents. The contemporary policy for…

Abstract

Purpose

Active shooter incidents have risen considerably in recent years, elevating public and law enforcement focus on improving response to these incidents. The contemporary policy for reacting to an active shooter event is for the officers who first arrive on the scene to move quickly to engage and neutralize a shooter, prioritizing victim safety and minimizing loss of life. This study provides a preliminary understanding of the police view regarding their role in active shooter events and their experiences with active shooter training.

Design/methodology/approach

We conducted a survey of 413 sworn personnel across three US cities. Analyses examine differences in officers’ training experiences across the agencies and predictors of a sense of duty to prioritize victims’ lives over that of officers.

Findings

Officers’ training experiences differed by agency, yet most officers supported a duty to sacrifice their lives to prioritize victims’ safety during active shooter incidents. Officers with more years of experience have lower odds of supporting a duty to sacrifice their lives to save victims during an active shooter situation relative to less experienced officers. Respondents who recall officer safety among the top three most memorable topics from their recent active shooter training also have lower odds of supporting a duty to sacrifice.

Originality/value

The authors add knowledge about police officers’ experiences with active shooter training and officers’ opinions about their role in responding to active shooter incidents. We discuss implications of the findings relative to police culture and training and suggest directions for future research.

Details

Policing: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1363-951X

Keywords

1 – 10 of 38