{"title":"Cyber banishment: an old sanction for virtual spaces","authors":"Kamil Mamak","doi":"10.1080/1478601X.2023.2188449","DOIUrl":null,"url":null,"abstract":"ABSTRACT In this paper, I present the punishment called cyberbanishment. This sanction refers to the old-fashioned punishment of forbidding a person to be present in specific places, but instead of physical locations this sanction concerns digital spheres. The proposition of introducing cyberbanishment is based on a few observations. First, the current practices of punishment are problematic, and there is a need for alternative punishments. Second, this form of sanction may be a proper response to crimes committed online, like hate crimes or punishable threats. Third, the online sphere becomes more important each year, and this was even amplified by the recent pandemic. The development of virtual realities and metaverses could contribute to this trend. Fourth, as an instrument imposed by courts, cyberbanishment may increase judicial control over the limitations of constitutionally protected freedoms in the online world, which is currently decided mainly by the platforms themselves.","PeriodicalId":45877,"journal":{"name":"CRIMINAL JUSTICE STUDIES","volume":null,"pages":null},"PeriodicalIF":1.9000,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"CRIMINAL JUSTICE STUDIES","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/1478601X.2023.2188449","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"OPERATIONS RESEARCH & MANAGEMENT SCIENCE","Score":null,"Total":0}
引用次数: 1
Abstract
ABSTRACT In this paper, I present the punishment called cyberbanishment. This sanction refers to the old-fashioned punishment of forbidding a person to be present in specific places, but instead of physical locations this sanction concerns digital spheres. The proposition of introducing cyberbanishment is based on a few observations. First, the current practices of punishment are problematic, and there is a need for alternative punishments. Second, this form of sanction may be a proper response to crimes committed online, like hate crimes or punishable threats. Third, the online sphere becomes more important each year, and this was even amplified by the recent pandemic. The development of virtual realities and metaverses could contribute to this trend. Fourth, as an instrument imposed by courts, cyberbanishment may increase judicial control over the limitations of constitutionally protected freedoms in the online world, which is currently decided mainly by the platforms themselves.
期刊介绍:
Criminal Justice Studies, a quarterly refereed journal, publishes articles that deal with substantive criminal justice and criminological issues. The journal welcomes all articles that are relevant to the issue of criminal justice, as well as those that may be outside the field but have relevancy to the topic of criminal justice. Articles that cover public administration, issues of public policy, as well as public affairs issues are welcome. The journal also publishes relevant literature reviews, research notes and summary reports of innovative research projects in criminal justice. Qualitative and quantifiable articles are sought mainly from academics and researchers in the field, though articles from professionals will also be considered.