NCJ Number
59935
Journal
Canadian Criminology Forum Volume: 1, INTRODUCTORY ISSUE Dated: (SPRING 1979) Pages: 1-12
Date Published
1979
Length
12 pages
Annotation
ELECTRONIC EAVESDROPPING PRACTICES IN THE UNITED STATES AND CANADA AND THE ADEQUACY OF LEGAL SAFEGUARDS GOVERNING THOSE PRACTICES ARE EXAMINED IN THE CONTEXT OF THE CRIME CONTROL AND DUE PROCESS MODELS OF LAW ENFORCEMENT.
Abstract
A SYNOPSIS OF EACH MODEL IS PRESENTED, TOGETHER WITH DEFINITIONS PERTAINING TO ELECTRONIC EAVESDROPPING AND A A BRIEF HISTORY OF OFFICIAL EAVESDROPPING AND ITS REGULATION. A REVIEW OF OFFICIAL RATIONALE BEHIND ELECTRONIC EAVESDROPPING NOTES THE SUCCESS OF CRIME CONTROL ADVOCATES IN MARSHALLING PUBLIC AND LEGISLATIVE SUPPORT FOR OFFICIAL INVASIONS OF PRIVACY UNDER EXTENUATING CIRCUMSTANCES (SYNDICATED CRIME, MURDER, ARSON, SUBVERSION). CRITICISMS OF OFFICIAL EAVESDROPPING--THAT IT IS COSTLY, OF LIMITED EVIDENTIARY VALUE, UNDULY DIRECTED AGAINST PETTY CRIMINALS AND RADICALS, AND OF LITTLE HELP IN COUNTERACTING ORGANIZED CRIME--ARE DISCUSSED. LEGAL AND OTHER SAFEGUARDS GOVERNING OFFICIAL EAVESDROPPING IN THE UNITED STATES AND CANADA (PRIMARILY TITLE III OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT IN THE UNITED STATES AND THE PROTECTION OF PRIVACY ACT IN CANADA) ARE ASSESSED AND FOUND WANTING. THE AMBIGUOUS WORDING OF EAVESDROPPING LAWS, EXAMPLES OF PERJURY AND MALFEASANCE IN WIRETAPPING AND BUGGING, THE LOW VISIBILITY OF SUCH PROCEDURES, AND THE LIMITATIONS OF JUDICIAL REVIEW ARE CITED IN SUPPORT OF THE CONCLUSION THAT STATUTORY GUIDELINES FOR REGULATING OFFICIAL EAVESDROPPING PRACTICES ARE INADEQUATE. IT IS FURTHER CONCLUDED THAT EAVESDROPPING LAWS IN NORTH AMERICA, WHILE OBSERVING CERTAIN ASPECTS OF THE DUE PROCESS MODEL, GENERALLY REINFORCE THE CONTROL MODEL, AND THAT THE LAWS SHOULD BE REVIEWED IN LIGHT OF ISSUES AFFECTING THE BALANCE BETWEEN LAW ENFORCEMENT AND THE RIGHT TO PRIVACY. A LIST OF REFERENCES IS INCLUDED. --IN ENGLISH, WITH A SUMMARY IN FRENCH. (LKM)