Privacy And The Criminal Law

This book offers a comparison of the differences between the ‘public’ and ‘private’ spheres, and questions the need for law enforcement to intrude upon both. Beginning with the origins of the concept of privacy, before addressing more current thinking, the authors examine the notion of privacy and policing, using both direct (e.g. 'stop and search' methods) and technological interventions (e.g. telephone interceptions and Automatic Number Plate Recognition cameras), privacy in the space of the court, looking at what restrictions are placed on press reporting, as well as considering whether the open court ensures fair trials. Particular forms of offending and privacy are also considered: anonymity for sexual offence defendants, for example, or weighing the terrorist’s right to privacy against the safety and security of the general public. A timely discussion into the right to privacy in prison and during community sentences is also included, and Marshall and Thomas offer convin cing analysis on the importance of rehabilitation, giving consideration to police registers and the storage and maintenance of criminal records by the police and their possible future use. A diverse investigation into the many facets of privacy, this volume will hold broad appeal for scholars and students of terrorism, security, and human rights.

This collection considers the implications for privacy of the utilisation of new technologies in the criminal process. In most modern liberal democratic states, privacy is considered a basic right. Many national constitutions, and almost all international human rights instruments, include some guarantee of privacy. Yet privacy interests appear to have had relatively little influence on criminal justice policy making. The threat that technology poses to these interests demands critical re-evaluation of current law, policy, and practice. This is provided by the contributions to this volume. They offer legal, criminological, philosophical, and comparative perspectives. The book will be of interest to legal and criminological scholars and postgraduate students. Its interdisciplinary methodology and focus on the intersection between law and technology make it also relevant for philosophers and those interested in science and technology studies.

This collection considers the implications for privacy of the utilisation of new technologies in the criminal process. In most modern liberal democratic states, privacy is considered a basic right. Many national constitutions, and almost all international human rights instruments, include some guarantee of privacy. Yet privacy interests appear to have had relatively little influence on criminal justice policy making. The threat that technology poses to these interests demands critical re-evaluation of current law, policy, and practice. This is provided by the contributions to this volume. They offer legal, criminological, philosophical and comparative perspectives. The book will be of interest to legal and criminological scholars and postgraduate students. Its interdisciplinary methodology and focus on the intersection between law and technology make it also relevant for philosophers, and those interested in science and technology studies.

This collection considers the implications for privacy of the utilisation of new technologies in the criminal process. In most modern liberal democratic states, privacy is considered a basic right. Many national constitutions, and almost all international human rights instruments, include some guarantee of privacy. Yet privacy interests appear to have had relatively little influence on criminal justice policy making. The threat that technology poses to these interests demands critical re-evaluation of current law, policy, and practice. This is provided by the contributions to this volume. They offer legal, criminological, philosophical, and comparative perspectives. The book will be of interest to legal and criminological scholars and postgraduate students. Its interdisciplinary methodology and focus on the intersection between law and technology make it also relevant for philosophers and those interested in science and technology studies.