Introducing Disruptive Technology to Criminal Sanctions: Punishment by Computer Monitoring to Enhance Sentencing Fairness and Efficiency

Bagaric, Mirko; Hunter, Dan; Loberg, Colin

doi:10.2139/ssrn.3345873

Cited by 2 publications

(1 citation statement)

References 33 publications

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“…While it has significant promise from both a theoretical and empirical perspective (Schwaninger, 2018), it is a difficult exercise for a regulator to envision a situation in which they would be concerned about their relationship with offenders (Beare and Naylor, 1999). Yet both the theoretical and empirical evidence are clear that the maintenance of relationships and appropriate coordination among several government sectors are key requirements (and constraints) on public regulators combatting wicked problems (Grau et al, 2011;Roehrich and Lewis, 2014;Kaminski, 2018;Bagaric and Hunter, 2019).…”

Section: Financial Crime In Australiamentioning

confidence: 99%

A case for the use of cyber-systemics to combat financial crime in Australia

Walker-Munro

2020

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Purpose Financial crime costs the world economy more than $1tn. Yet policing responses continue to apply traditional law enforcement methods to detect, identify and disrupt criminal actors in financial systems. The purpose of this paper is to challenge existing thinking around law enforcement practices in financial crime within an Australian context, by presenting an alternative model grounded in management cybernetics and systemic design (SD), which the author terms “cyber-systemics”. Design/methodology/approach This study reflects on prior research work across cybernetics and SD to suggest an integrated approach as a conceptually useful basis for considering regulation of financial crime, and to demonstrate utility using a case study. Findings The Fintel Alliance between financial crime regulators and financial institutions in Australia demonstrates a strong connection with, and example of, this study’s cyber-systemic regulatory framework. It will be demonstrated that the form of co-design framework offered under cyber-systemics is both consistent with cybernetic and SD literature, but also a means of avoiding regulatory disconnection in times of change and disruption. This study also invites consideration of how future forms of governance might be structured using cyber-systemics as a conceptual backbone. Research limitations/implications This work proposes a novel methodology at odds with traditional law enforcement ways of doing, inevitably requiring a change of regulatory mindset. In addition, this paper is purely conceptual and therefore more research on an empirical basis is required to prove the potential benefits in a real-world regulatory environment. Originality/value This is (to the author’s knowledge) the first conceptual exploration of blending SD and management cybernetics in the field of criminal law regulation.

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Section: Financial Crime In Australiamentioning

confidence: 99%

A case for the use of cyber-systemics to combat financial crime in Australia

Walker-Munro

2020

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The Increased Exposure to Coronavirus (COVID-19) for Prisoners Justifies Early Release: and the Wider Implications of This for Sentencing – Reducing Most Prison Terms Due to the Harsh Incidental Consequences of Prison

Bagaric

Isham²,

Svilar³

2020

SSRN Journal

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The risk of coronavirus (COVID-19) spreading in prisons is especially acute. This has resulted in an unprecedented number of prisoners being released across the world-including many prisoners in the United States. From the health, social, and political perspectives, this is a sound approach. This is especially the situation in relation to older prisoners and those who have not been imprisoned for serious sexual and violent offenses. Despite the large number of prisoners that are being released, the United States will still have the largest prison population on earth-and by a large margin. However, the coronavirus pandemic and the response to it has considerably wider implications for the broader criminal justice system. In particular, it brings into focus a large number of other unintended adverse consequences experienced by prisoners. These include being deprived of the right to procreate; materially increasing the risk that they will be assaulted or raped in prison; and suffering a considerable reduction in their lifetime earnings. The familial relationships of most prisoners are also normally materially

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Introducing Disruptive Technology to Criminal Sanctions: Punishment by Computer Monitoring to Enhance Sentencing Fairness and Efficiency

Cited by 2 publications

References 33 publications

A case for the use of cyber-systemics to combat financial crime in Australia

A case for the use of cyber-systemics to combat financial crime in Australia

The Increased Exposure to Coronavirus (COVID-19) for Prisoners Justifies Early Release: and the Wider Implications of This for Sentencing – Reducing Most Prison Terms Due to the Harsh Incidental Consequences of Prison

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