INTELLIGENCE-LED MASS SCREENINGS FOR DETECTION OF PERPETRATORS. LEGAL ISSUES AND PUBLIC ACCEPTANCE
D. Wilk
Abstract: Intelligence-led mass screening (ILMS, mass screening, canvas, dragnet) is one of solutions for detection of perpetrators. ILMS is based on collection and analysis of reference materials from large group of people with similar features as perpetrator. Practice from many countries suggests that this procedure can be effective. Nevertheless mass tests are focused mainly on third parties (non-offenders) and it is controversial from the point of view of privacy protection and some crucial civil liberties and rules of criminal proceeding. The aim of the research was to check a level of social permission for mass screenings and to set the optimal procedure from legal point of view.
The first part of research was focused on level of social permission for mass screenings. 800 persons in Poland were surveyed within the study – 385 persons from general public and 415 law students. About 75% of general public and 65% of law students admitted that they will give a consent for taking reference material if they were asked for it (responses in surveyed groups were statistically different; p < 0.01), which means that ILMS is generally accepted by the most of society.
Comparative legal research about application of ILMS in criminal proceedings for selected European countries and common law countries was the second part of study. It was revealed that mass screenings in many countries are voluntary (Germany, Netherlands) or are under the suspect sampling regime (USA, England & Wales, New Zealand, Canada). Only in some countries massive collection of reference materials can be compulsory according to provisions of criminal procedure (Austria, Serbia, Italy, Poland, Sweden, Finland). Keywords: ILMS, mass screening, dragnet, reference sample, detection of perpetrator.
 is one of solutions for detection of perpetrators. ILMS is based on collection and analysis of reference materials from large group of people with similar features as perpetrator. Practice from many countries suggests that this procedure can be effective. Nevertheless mass tests are focused mainly on third parties (non-offenders) and it is controversial from the point of view of privacy protection and some crucial civil liberties and rules of criminal proceeding. The aim of the research was to check a level of social permission for mass screenings and to set the optimal procedure from legal point of view.
<br /> The first part of research was focused on level of social permission for mass screenings. 800 persons in Poland were surveyed within the study – 385 persons from general public and 415 law students. About 75% of general public and 65% of law students admitted that they will give a consent for taking reference material if they were asked for it (responses in surveyed groups were statistically different; p < 0.01), which means that ILMS is generally accepted by the most of society.
<br /> Comparative legal research about application of ILMS in criminal proceedings for selected European countries and common law countries was the second part of study. It was revealed that mass screenings in many countries are voluntary (Germany, Netherlands) or are under the suspect sampling regime (USA, England & Wales, New Zealand, Canada). Only in some countries massive collection of reference materials can be compulsory according to provisions of criminal procedure (Austria, Serbia, Italy, Poland, Sweden, Finland).&redirect_uri=http://rjlm.ro/index.php/arhiv/1049)