Deakin University
Browse

File(s) under permanent embargo

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

journal contribution
posted on 2018-03-19, 00:00 authored by Monique Mann, Ian WarrenIan Warren, Sally KennedySally Kennedy
This paper 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 (ASD) 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.

History

Journal

Global crime

Volume

19

Issue

2

Article number

2

Pagination

107 - 124

Publisher

Taylor & Francis

Location

Abingdon, Eng.

ISSN

1744-0572

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

Copyright notice

2018, Informa UK Limited

Usage metrics

    Research Publications

    Categories

    No categories selected

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC