- The Oxford Handbook of Law, Regulation, and Technology
- Acknowledgements
- List of Contributors
- Law, Regulation, and Technology: The Field, Frame, and Focal Questions
- Law, Liberty, and Technology
- Equality: Old Debates, New Technologies
- Liberal Democratic Regulation and Technological Advance
- Identity
- The Common Good
- Law, Responsibility, and the Sciences of the Brain/Mind
- Human Dignity and the Ethics and Regulation of Technology
- Human Rights and Human Tissue: The Case of Sperm as Property
- Legal Evolution in Response to Technological Change
- Law and Technology in Civil Judicial Procedures
- Conflict of Laws and the Internet
- Technology and the American Constitution
- Contract Law and the Challenges of Computer Technology
- Criminal Law and the Evolving Technological Understanding of Behaviour
- Imagining Technology and Environmental Law
- From Improvement Towards Enhancement: A Regenesis of EU Environmental Law at the Dawn of the Anthropocene
- Parental Responsibility, Hyper-parenting, and the Role of Technology
- Human Rights and Information Technologies
- The CoExistence of Copyright and Patent Laws to Protect InnovationA Case Study of 3D Printing in UK and Australian Law
- Regulating Workplace Technology: Extending the Agenda
- Public International Law and the Regulation of Emerging Technologies
- Torts and Technology
- Tax Law and Technological Change
- Regulating in the Face of Sociotechnical Change
- Hacking Metaphors in the Anticipatory Governance of Emerging Technology: The Case of Regulating Robots
- The Legal Institutionalization of Public Participation in the EU Governance of Technology
- Precaution in the Governance of Technology
- The Role of Non-State Actors and Institutions in the Governance of New and Emerging Digital Technologies
- Automatic Justice?: Technology, Crime, and Social Control
- Surveillance Theory and its Implications for Law
- Hardwiring Privacy
- Data Mining as Global Governance
- Solar Climate Engineering, Law, and Regulation
- Are Human Biomedical Interventions Legitimate Regulatory Policy Instruments?
- Challenges from the Future of Human Enhancement
- Race and the Law in the Genomic Age: A Problem for Equal Treatment Under the Law
- New Technologies, Old Attitudes, and Legislative Rigidity
- Transcending the Myth of Law’s Stifling Technological Innovation: How Adaptive Drug Licensing Processes Are Maintaining Legitimate Regulatory Connections
- Human Rights in Technological Times
- Population, Reproduction, and Family
- Reproductive Technologies and the Search for Regulatory Legitimacy: Fuzzy Lines, Decaying Consensus, and Intractable Normative Problems
- Technology and the Law of International Trade Regulation
- Trade, Commerce, and Employment: The Evolution of the Form and Regulation of the Employment Relationship in Response to the New Information Technology
- Crime, Security, and Information Communication Technologies: The Changing Cybersecurity Threat Landscape and its Implications for Regulation and Policing
- Debating Autonomous Weapon Systems, their Ethics, and their Regulation under International Law
- Genetic Engineering and Biological Risks: Policy Formation and Regulatory Response
- Audience Constructions, Reputations, and Emerging Media Technologies: New Issues of Legal and Social Policy
- Water, Energy, and Technology: The Legal Challenges of Interdependencies and Technological Limits
- Technology Wags the Law: How Technological Solutions Changed the Perception of Environmental Harm and Law
- Novel Foods and Risk Assessment in Europe: Separating Science from Society
- Carbon Capture and Storage
- Nuisance Law, Regulation, and the Invention of Prototypical Pollution Abatement Technology: ‘Voluntarism’ in Common Law and Regulation
- Index
Abstract and Keywords
This chapter examines how forensic science and technology are reshaping crime investigation, prosecution, and the administration of criminal justice. It highlights the profound effect of new scientific techniques, data collection devices, and mathematical analysis on the traditional criminal justice system. These blur procedural boundaries that have hitherto been central, while automating and procedurally compressing the entire criminal justice process. Technological innovation has also resulted in mass surveillance and eroded ‘double jeopardy’ protections due to scientific advances that enable the revisiting of conclusions reached long ago. These innovations point towards a system of ‘automatic justice’ that minimizes human agency and undercut traditional due process safeguards that have hitherto been central to the criminal justice model. To rebalance the relationship between state and citizen in a system of automatic criminal justice, we may need to accept the limitations of the existing criminal procedure framework and deploy privacy and data protection law.
Keywords: criminal justice, due process, surveillance, forensics, automation, technology, evidence, fair trial, data protection, privacy
Amber Marks, Lecturer in Criminal Law and Evidence, Queen Mary University of London
Ben Bowling, Professor of Criminology and Criminal Justice, King’s College London
Colman Keenan, Dickson Poon Doctoral Scholar, King’s College London
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- The Oxford Handbook of Law, Regulation, and Technology
- Acknowledgements
- List of Contributors
- Law, Regulation, and Technology: The Field, Frame, and Focal Questions
- Law, Liberty, and Technology
- Equality: Old Debates, New Technologies
- Liberal Democratic Regulation and Technological Advance
- Identity
- The Common Good
- Law, Responsibility, and the Sciences of the Brain/Mind
- Human Dignity and the Ethics and Regulation of Technology
- Human Rights and Human Tissue: The Case of Sperm as Property
- Legal Evolution in Response to Technological Change
- Law and Technology in Civil Judicial Procedures
- Conflict of Laws and the Internet
- Technology and the American Constitution
- Contract Law and the Challenges of Computer Technology
- Criminal Law and the Evolving Technological Understanding of Behaviour
- Imagining Technology and Environmental Law
- From Improvement Towards Enhancement: A Regenesis of EU Environmental Law at the Dawn of the Anthropocene
- Parental Responsibility, Hyper-parenting, and the Role of Technology
- Human Rights and Information Technologies
- The CoExistence of Copyright and Patent Laws to Protect InnovationA Case Study of 3D Printing in UK and Australian Law
- Regulating Workplace Technology: Extending the Agenda
- Public International Law and the Regulation of Emerging Technologies
- Torts and Technology
- Tax Law and Technological Change
- Regulating in the Face of Sociotechnical Change
- Hacking Metaphors in the Anticipatory Governance of Emerging Technology: The Case of Regulating Robots
- The Legal Institutionalization of Public Participation in the EU Governance of Technology
- Precaution in the Governance of Technology
- The Role of Non-State Actors and Institutions in the Governance of New and Emerging Digital Technologies
- Automatic Justice?: Technology, Crime, and Social Control
- Surveillance Theory and its Implications for Law
- Hardwiring Privacy
- Data Mining as Global Governance
- Solar Climate Engineering, Law, and Regulation
- Are Human Biomedical Interventions Legitimate Regulatory Policy Instruments?
- Challenges from the Future of Human Enhancement
- Race and the Law in the Genomic Age: A Problem for Equal Treatment Under the Law
- New Technologies, Old Attitudes, and Legislative Rigidity
- Transcending the Myth of Law’s Stifling Technological Innovation: How Adaptive Drug Licensing Processes Are Maintaining Legitimate Regulatory Connections
- Human Rights in Technological Times
- Population, Reproduction, and Family
- Reproductive Technologies and the Search for Regulatory Legitimacy: Fuzzy Lines, Decaying Consensus, and Intractable Normative Problems
- Technology and the Law of International Trade Regulation
- Trade, Commerce, and Employment: The Evolution of the Form and Regulation of the Employment Relationship in Response to the New Information Technology
- Crime, Security, and Information Communication Technologies: The Changing Cybersecurity Threat Landscape and its Implications for Regulation and Policing
- Debating Autonomous Weapon Systems, their Ethics, and their Regulation under International Law
- Genetic Engineering and Biological Risks: Policy Formation and Regulatory Response
- Audience Constructions, Reputations, and Emerging Media Technologies: New Issues of Legal and Social Policy
- Water, Energy, and Technology: The Legal Challenges of Interdependencies and Technological Limits
- Technology Wags the Law: How Technological Solutions Changed the Perception of Environmental Harm and Law
- Novel Foods and Risk Assessment in Europe: Separating Science from Society
- Carbon Capture and Storage
- Nuisance Law, Regulation, and the Invention of Prototypical Pollution Abatement Technology: ‘Voluntarism’ in Common Law and Regulation
- Index
