New types of sentences?

  • First type of sentence:

– There seems to be a law obliging sex offenders to give their password to all their accounts. Two issues here: the effectiveness of the measure/sentence and the compatibility of the measure with human rights.
1) effectiveness of measure: depends on how sex offenders were led to commit their crimes. If they knew their victim in real life, I don’t see how this would help detecting possible reoffending. If the internet is a first point of contact, then it might be useful, although is using their accounts the only way to commit crime?
2) the compatibility with privacy: giving passwords when accessing the internet is effectively being watched constantly when using the internet. Translated in real life terms, it is being monitored when being outside home where going shopping, talking to neighbours or just admiring the sky. In other words, the infringement of privacy is so strong, I hardly see how the measure can be compatible with right to privacy and family life (the two are linked in ECHR terms)
Sex Offenders In Georgia Required To Hand Over Passwords… To Protect The Children” (TechDirt, 31 December 2008)

  • Second type of sentence

Shaming the offender – a form of social control. “Better Response To Crimes On YouTube: Force The Criminals To Apologize On YouTube” (TechDirt, 10 June 2008)


About Audrey Guinchard

Senior Lecturer @ University of Essex (UK)
This entry was posted in Sentencing. Bookmark the permalink.

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