Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

PDF

Bert-Jaap Koops

Criminal law

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Technology And The Crime Society: Rethinking Legal Protection, Bert-Jaap Koops Mar 2009

Technology And The Crime Society: Rethinking Legal Protection, Bert-Jaap Koops

Bert-Jaap Koops

Building on existing insights of the risk society and the surveillance society, this article sketches the contours of the emerging crime society, where every form of human behaviour is perceived in terms of potential criminal risk and controlled by means of criminal law. It articulates the pivotal role of technology in the ever increasing footprint of criminal law, as it often facilitates criminalisation, expanding policing, preventative and architectural approaches, and pervasive surveillance. Criminal law is shifting from a last resort to a primary tool of social control: criminal risk governance. This paradigm shift goes hand in hand with a shift …


Forensic Dna Phenotyping: Regulatory Issues, Bert-Jaap Koops, Maurice Schellekens Aug 2007

Forensic Dna Phenotyping: Regulatory Issues, Bert-Jaap Koops, Maurice Schellekens

Bert-Jaap Koops

Forensic DNA phenotyping is an interesting new investigation method: crime-scene DNA is analyzed to compose a description of the unknown suspect, including external and behavioral features, geographic origin and perhaps surname. This method is allowed in some countries but prohibited in a few others. Most countries have not yet taken a stance on this. This article addresses the question to what extent this investigation method should be allowed. The relevant regulatory issues are analyzed: the right of people not to know what their DNA tells about propensities for diseases or other propensities, data protection and privacy, stigmatization and discrimination, and …