The legal geographies of transnational cyber-prosecutions: extradition, human rights and forum shifting

IF 1.4 Q2 CRIMINOLOGY & PENOLOGY

Global Crime Pub Date : 2018-03-09 DOI:10.1080/17440572.2018.1448272

Monique Mann, I. Warren, Sally Kennedy

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引用次数: 8

Abstract

ABSTRACT This article describes legal and human rights issues in three cases of transnational online offending involving extradition requests by the United States (US). These cases were selected as all suspects claimed the negative impacts of autism spectrum disorders (ASDs) were sufficient to deny extradition on human rights grounds. We demonstrate how recent developments in UK and Irish extradition law raise human rights and prosecutorial challenges specific to online offending that are not met by established protections under domestic and internationally sanctioned approaches to extradition or human rights law. In these cases, although the allegedly unlawful conduct occurred exclusively online and concurrent jurisdiction enables prosecution at both the source and location of harm, we demonstrate why national courts hearing extradition challenges are extremely reluctant to shift the trial forum. We conclude by discussing the implications of the new geographies of online offending for future criminological research and transnational criminal justice.

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跨国网络起诉的法律地域：引渡、人权和法院转移

摘要本文介绍了三起涉及美国引渡请求的跨国网络犯罪案件中的法律和人权问题。之所以选择这些案件，是因为所有嫌疑人都声称自闭症谱系障碍的负面影响足以以人权为由拒绝引渡。我们展示了英国和爱尔兰引渡法的最新发展如何引发针对网络犯罪的人权和起诉挑战，而根据国内和国际认可的引渡或人权法，这些挑战没有得到既定保护。在这些案件中，尽管所谓的非法行为完全发生在网上，同时管辖权使人们能够在伤害的来源和地点进行起诉，但我们证明了为什么审理引渡挑战的国家法院极不愿意改变审判论坛。最后，我们讨论了网络犯罪的新地域对未来犯罪学研究和跨国刑事司法的影响。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Global Crime CRIMINOLOGY & PENOLOGY-

CiteScore

3.90

自引率

4.50%

发文量

期刊介绍： Global Crime is a social science journal devoted to the study of crime broadly conceived. Its focus is deliberately broad and multi-disciplinary and its first aim is to make the best scholarship on crime available to specialists and non-specialists alike. It endorses no particular orthodoxy and draws on authors from a variety of disciplines, including history, sociology, criminology, economics, political science, anthropology and area studies. The editors welcome contributions on any topic relating to crime, including organized criminality, its history, activities, relations with the state, its penetration of the economy and its perception in popular culture.