Virtual acts, real crimes? a legal-philosophical analysis of virtual cybercrime

Strikwerda, Litska

doi:10.3990/1.9789036537131

DOI: 10.3990/1.9789036537131

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Virtual acts, real crimes? a legal-philosophical analysis of virtual cybercrime

Litska Strikwerda

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Cited by 3 publications

References 65 publications

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An empirical investigation of emotion and the criminal law: towards a “criminalization bias”?

Coppelmans,

Wagemans,

van Dillen

2024

Humanit Soc Sci Commun

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This interdisciplinary study, coupling philosophy of law with empirical cognitive science, presents preliminary insight into the role of emotion in criminalization decisions, for both laypeople and legal professionals. While the traditional approach in criminalization theory emphasizes the role of deliberative and reasoned argumentation, this study hypothesizes that affective and emotional processes (i.e., disgust, as indexed by a dispositional proneness to experience disgust) are also associated with the decision to criminalize behavior, in particular virtual child pornography. To test this empirically, an online study (N = 1402) was conducted in which laypeople and legal professionals provided criminalization ratings on four vignettes adapted from criminal law, in which harmfulness and disgustingness were varied orthogonally. They also completed the 25-item Disgust Scale-Revised (DS-R-NL). In line with the hypothesis, (a) the virtual child pornography vignette (characterized as low in harm, high in disgust) was criminalized more readily than the financial harm vignette (high in harm, low in disgust), and (b) disgust sensitivity was associated with the decision to criminalize behavior, especially virtual child pornography, among both lay participants and legal professionals. These findings suggest that emotion can be relevant in shaping criminalization decisions. Exploring this theoretically, the results could serve as a stepping stone towards a new perspective on criminalization, including a “criminalization bias”. Study limitations and implications for legal theory and policymaking are discussed.

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An empirical investigation of emotion and the criminal law: towards a “criminalization bias”?

Coppelmans,

Wagemans,

van Dillen

2024

Humanit Soc Sci Commun

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Giving guidance in the online lives of young people with intellectual disabilities: Challenges and guiding approaches in the daily practice of Dutch care staff

Groot

Kaal

Stol

2022

Journal of Intellectual & Developmental Disability

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Comparing the victimization impact of cybercrime and traditional crime

Borwell

Jansen²,

Stol³

2021

jdsr

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This paper addresses the importance of building knowledge on the impact of cybercrime victimization. Because the topic is understudied, it is unclear whether the impact of cybercrime differs from that of traditional crime. Our understanding of potential impact differences needs to be improved, considering that society and criminality are digitizing and, consequently, more people are likely to become victims of cybercrime. From a practical perspective, knowledge about the impact of different crimes is important to develop victim policies within law enforcement and other relevant agencies, and to treat victims appropriately. In this paper, a literature review is provided, as well as future research directions to address the current knowledge gap. The future research directions are divided in three topics: (1) distinguishing between cybercrime and traditional crime, (2) classifying cybercrime and traditional crime, and (3) measuring the victimization impact of cybercrime and traditional crime.

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Virtual acts, real crimes? a legal-philosophical analysis of virtual cybercrime

Cited by 3 publications

References 65 publications

An empirical investigation of emotion and the criminal law: towards a “criminalization bias”?

An empirical investigation of emotion and the criminal law: towards a “criminalization bias”?

Giving guidance in the online lives of young people with intellectual disabilities: Challenges and guiding approaches in the daily practice of Dutch care staff

Comparing the victimization impact of cybercrime and traditional crime

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