ABSTRACT

This chapter discusses the growth in the significance of intelligence within criminal justice and the integration of intelligence and evidence under pre-crime frames. It focuses on the different paradigms of intelligence and evidence and traces the trend to integrate intelligence into criminal justice and its acceleration under pre-crime frames. The chapter examines the new centrality of intelligence as an aspect of the continuing incremental integration of national security with criminal justice. The chapter also discusses the greater operational overlap between police and intelligence agencies domestically and the growing transnational trade in intelligence. The source and type of information used to prosecute pre-crime offenses and the intelligence logic that underpins pre-crime laws are also examined. The chapter examines the consequences of the growing centrality of intelligence for a fair, open, accountable and non-partisan criminal justice system, arguing that there are fundamental and irreconcilable tensions between the national security goals of intelligence and the aims and values of criminal justice.