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result(s) for
"Criminal Law and Criminal Procedure Law"
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Bots against corruption: Exploring the benefits and limitations of AI-based anti-corruption technology
2023
Countries have been developing and deploying anti-corruption tools based on artificial intelligence with hopes of them having positive capabilities. Yet, we still lack empirical analyses of these automated systems designed to identify and curb corruption. Hence, this article explores novel data on 31 bottom-up and top-down initiatives in Brazil, presented as a case study. Methodologically, it uses a qualitative analysis and draws on secondary data and interviews to assess the most common features, usages and constraints of these tools. Data collected are scrutinised under a new conceptual framework that considers how these tools operate, who created them for what purpose, who uses and monitors these tools, what types of corruption they are targeting, and what their tangible outcomes are. Findings suggest that in Brazil, AI-based anti-corruption technology has been tailored by tech-savvy civil servants working for law enforcement agencies and by concerned citizens with tech skills to take over the key tasks of mining and crosschecking large datasets, aiming to monitor, identify, report and predict risks and flag suspicions related to clear-cut unlawful cases. The target is corruption in key governmental functions, mainly public spending. While most of the governmental tools still lack transparency, bottom-up initiatives struggle to expand their scope due to high dependence on and limited access to open data. Because this new technology is seen as supporting human action, a low level of concern related to biased codes has been observed.
Journal Article
Bitcoin, crypto-coins, and global anti-money laundering governance
2018
Crypto-coins (CCs) like Bitcoin are digitally encrypted tokens traded in peer-to-peer networks whose money laundering potential has attracted the attention of regulators, firms and the wider public worldwide. This article assesses the effectiveness of the global anti-money laundering regime in balancing both the challenges and opportunities presented by these novel ‘altcoins’. Two main arguments are advanced. First, the implications that crypto-coins presently pose for global anti-money laundering efforts stem less from the threats of their illicit uses as digital currencies and more from the opportunities presented by their underlying blockchain technologies. Second, despite several shortcomings, the risk-based approach pursued by the Financial Action Task Force (FATF) strikes an effective balance between the existing threats and opportunities that crypto-coins currently present. Rather than a conclusive evaluation however this article stresses the need for continual monitoring and investigation of the wider ethical implications raised by CCs for global efforts to combat money laundering in an era of rapid technological change.
Journal Article
Do police crackdowns disrupt drug cryptomarkets? A longitudinal analysis of the effects of Operation Onymous
2017
In recent years, there has been a proliferation of online illicit markets where participants can purchase and sell a wide range of goods and services such as drugs, hacking services, and stolen financial information. Second-generation markets, known as cryptomarkets, provide a pseudo-anonymous platform from which to operate and have attracted the attention of researchers, regulators, and law enforcement. This paper focuses on the impact of police crackdowns on cryptomarkets, and more particularly on the impact of Operation Onymous, a large-scale police operation in November 2014 that targeted many cryptomarkets. Our results demonstrate that cryptomarket participants adapt to police operations and that the impact of Operation Onymous was limited in time and scope. Of particular interest is the finding that prices did not increase following Operation Onymous, even though many dealers retired shortly after it occurred.
Journal Article
A commentary on victimization and gender in white-collar crime
by
Dodge, Mary
in
Criminal Law and Criminal Procedure Law
,
Criminology and Criminal Justice
,
Law and Criminolgy
2025
The study of victimization and gender in white-collar crime presents numerous challenges. While many scholars argue that white-collar crime has no boundaries related to gender, race, ethnicity, socioeconomic status, or other defining human characteristics, sex and gender require further exploration. This commentary addresses women’s healthcare as a potential argument that a gender gap exists between the treatment of women and men in victimization. As consumers and reproducers, women face substantial and unique difficulties that increase the risk of pharmaceutical, medical, and consumer harm and crimes. Though men face many of the same unsafe working conditions, environmental dangers, and medical fraud, focusing on reproductive health and justice is essential to understanding widespread white-collar crime victimization. Women are more likely to be harmed by corporations and professionals because of birth control, medical devices, cosmetic products, and plastic surgeries. This essay acknowledges the importance of intersectionality but concentrates on how women are marketing targets of a patriarchal society that covets profit over safety. Reproductive injustice, stereotypical societal expectations of women, and capitalism in the United States often result in higher levels of harm against women. This commentary on corporate greed, regulatory failure, and unscrupulous medical behavior disguised as “cure-alls” demonstrates the need for establishing global databases, policies, and regulations that further our endeavors to recognize and reduce the continued use of women as guinea pigs based on greed and indifference by white-collar offenders.
Journal Article
The future of raising finance - a new opportunity to commit fraud: a review of initial coin offering (ICOs) scams
2020
Over one billion US dollars were invested in blockchain in 2016. The potential application of blockchain extends far beyond cryptocurrencies. One use of blockchain is an Initial Coin Offering (ICO), a digital method of raising finance involving issuance of tokens in exchange for cryptocurrencies or fiat money. It is a cheaper, easier and quicker way to raise funds compared with traditional public offerings. However, it has raised a new opportunity for fraud. An estimated 10% of ICO funds have been lost to fraud. Using case-study analysis, this study determines characteristics of such fraud schemes and the regulatory changes made in response to them. The study reveals key lessons for investors in terms of proactive steps that can be taken to protect themselves from being victims, for issuers to ensure awareness and take steps to secure investors’ trust, and for regulators to promote a safe environment. To the best of our knowledge, this study is the first to document the effect of ICO fraud schemes on the regulatory environment, which is going through a series of amendments to provide protection against such fraudulent schemes. Additionally, it provides direction for future research to further investigate the risks of this new method of raising funds.
Journal Article
Human trafficking for sex, labour and domestic servitude: how do key trafficking types compare and what are their predictors?
2019
Combatting trafficking in human beings is a well-established social policy and crime prevention priority for the twenty-first Century. Human trafficking, as defined in international law, can occur for diverse exploitative purposes. Yet, different forms of trafficking are routinely conflated in research, policy and interventions. Most of the attention to date has been on sex trafficking of women and girls, leaving male victims and other trafficking types comparatively overlooked. In this study, we disentangle differences between key trafficking types using rare individual-level data from the United Kingdom’s central system for identifying trafficking victims. For a sample of 2630 confirmed victims, we compare those trafficked for sex, domestic servitude and other labour across variables relating to victim demographics, the trafficking process and official responses. Having established significant and substantial differences at bivariate level, we use multinomial logistic regression to identify predictors of trafficking type. Overall, our results underline the complexity and diversity of human trafficking and warn against conflating different types. Within a holistic counter-trafficking framework, a more disaggregated and nuanced approach to analysis and intervention is vital in ensuring more finely-targeted responses. This original study has clear lessons for research, policy and practice.
Journal Article
The welfare of wildlife: an interdisciplinary analysis of harm in the legal and illegal wildlife trades and possible ways forward
2022
Wildlife trade—both legal and illegal—is an activity that is currently the focus of global attention. Concerns over the loss of biodiversity, partly stemming from overexploitation, and the corona virus pandemic, likely originating from wildlife trade, are urgent matters. These concerns though centre on people. Only sometimes does the discussion focus on the wildlife traded and their welfare. In this article, we make the case as to why welfare is an important component of any discussion or policy about wildlife trade, not only for the interests of the wildlife, but also for the sake of humans. We detail the harm in the trade as well as the current welfare provisions, particularly in relation to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which guide global transport and trade. There are a number of ways that the current approach to wildlife welfare could be improved, and we propose ways forward in this regard.
Journal Article
Policing telecommunication and cyber fraud: Perceptions and experiences of law enforcement officers in China
2024
The rapid increase of telecommunication and cyber fraud as a global crime has prompted law enforcement agencies across the globe to address this pressing issue. This qualitative study delves into the perceptions, experiences, processes, and challenges faced by Chinese law enforcement in tackling telecom/cyber fraud. Utilizing in-depth interviews, the research explores authorities' views on fraudster characteristics, typical victim profiles, and current trends in these crimes. Furthermore, it provides an in-depth look at the practical aspects of investigating telecom/cyber fraud cases. Lastly, the research examines the officers’ views on effective measures to minimize the prevalence of such crimes and protect potential victims from falling victim to telecommunication and cyber fraud. By understanding the intricacies of these crimes and the complexities involved in their investigation, this study aims to contribute valuable insights for law enforcement and policymakers in the ongoing fight against telecom/cyber fraud.
Journal Article
When is Disbelief Epistemic Injustice? Criminal Procedure, Recovered Memories, and Deformations of the Epistemic Subject
2024
People can be treated unjustly with respect to the level of credibility others accord to their testimony. This is the core idea of the philosophical idea of epistemic justice. It should be of utmost interest to criminal law which extensively deals with normative issues of evidence and testimony. It may reconstruct some of the long-standing criticisms of criminal law regarding credibility assessments and the treatment of witnesses, especially in sexual assault cases. However, philosophical discussions often overlook the intricate complexities of real procedural law and its underlying considerations. In its present form, the philosophical notion of epistemic injustice provides limited insights into legal discourse; it necessitates translation and adaptation. This study contributes to this endeavor by examining the contentious issue of testimony from witnesses who have undergone trauma-focused psychotherapy. Since the 1980s, courts worldwide were troubled with cases of false accusations based on false memories generated by suggestive therapeutic interventions. As a result, such post-therapy testimonies are discounted in one way or another in many jurisdictions. However, courts are still confronted with such testimonies, and the modi vivendi legal systems have established to deal with them continue to give rise to concerns about unjust treatment of witnesses. The question is thus whether legal rules or established practices of evaluating testimony based on memories which resurfaced after psychotherapy are epistemically and legally just. The paper presents seven ways in which courts may assess such testimonies and examines them in light of epistemic and procedural justice. Some of them prima facie constitute a form of epistemic injustice because they discount testimonies to an unwarranted degree. But these injustices might be justified by overriding principles favoring defendants. Nonetheless, the idea of epistemic justice, more broadly understood, inspires two principles that may serve as a foundation for a future conception of epistemic justice adapted to the law.
Journal Article