Pub Date : 2025-02-27DOI: 10.1016/j.ijlcj.2025.100730
Liza G. Steele , Laird Gallagher
UNHCR and other UN bodies have declared female migrants to be a group in need of special protection. In recent years, the plight of female asylum seekers arriving at the U.S. border has captured international attention. In this paper, we examine how U.S. citizens' perceptions of prospective immigrants and refugees vary by gender. Using data from an original conjoint survey experiment of 1200 U.S. citizens gathered in 2021, we study how immigrant and refugee characteristics—including nationality, religion, occupation, migration motivations, and number of children—affected U.S. citizens’ willingness to admit female newcomers. We find strong evidence of a consistent preference for female immigrants and refugees, regardless of their attributes. Being female versus male yielded the largest bonus for Salvadoran women and unemployed women.
{"title":"Attitudes toward female immigrants and refugees to the United States: A conjoint experiment","authors":"Liza G. Steele , Laird Gallagher","doi":"10.1016/j.ijlcj.2025.100730","DOIUrl":"10.1016/j.ijlcj.2025.100730","url":null,"abstract":"<div><div>UNHCR and other UN bodies have declared female migrants to be a group in need of special protection. In recent years, the plight of female asylum seekers arriving at the U.S. border has captured international attention. In this paper, we examine how U.S. citizens' perceptions of prospective immigrants and refugees vary by gender. Using data from an original conjoint survey experiment of 1200 U.S. citizens gathered in 2021, we study how immigrant and refugee characteristics—including nationality, religion, occupation, migration motivations, and number of children—affected U.S. citizens’ willingness to admit female newcomers. We find strong evidence of a consistent preference for female immigrants and refugees, regardless of their attributes. Being female versus male yielded the largest bonus for Salvadoran women and unemployed women.</div></div>","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"81 ","pages":"Article 100730"},"PeriodicalIF":1.0,"publicationDate":"2025-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143509085","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2025-02-21DOI: 10.1016/j.ijlcj.2025.100732
Rachel O'Rourke , Mike Marriott , Richard Trigg , Rosie Kitson-Boyce
This study explores the impact of trauma for 18-25-year-old men in a UK prison serving long sentences of more than 10 years, considering whether their offence and sentence length are part of that trauma, and exploring coping responses. Qualitative methodology (Interpretative Phenomenological Analysis: IPA) was used to analyse 9 semi-structured interviews with young men, discussing their experiences in their own terms. The experiences were organised into three overarching themes, 1. 'Conceptual Confusion', 2. The 'Impact Now of Trauma' and 3. 'Settling'. The study demonstrated that it is possible to discuss the concept of difficult life events with young adult male prisoners, though more difficult for some participants than others. The study supports existing concepts around the experience of trauma in young men, adding insights into the challenges to assessment and intervention work with this cohort, including avoiding assumptions of age-related homogeneity, and ideas for what might be helpful to these men whilst in prison.
{"title":"A phenomenological analysis of young male prisoners’ experiences of trauma: 'Trauma is every day'","authors":"Rachel O'Rourke , Mike Marriott , Richard Trigg , Rosie Kitson-Boyce","doi":"10.1016/j.ijlcj.2025.100732","DOIUrl":"10.1016/j.ijlcj.2025.100732","url":null,"abstract":"<div><div>This study explores the impact of trauma for 18-25-year-old men in a UK prison serving long sentences of more than 10 years, considering whether their offence and sentence length are part of that trauma, and exploring coping responses. Qualitative methodology (Interpretative Phenomenological Analysis: IPA) was used to analyse 9 semi-structured interviews with young men, discussing their experiences in their own terms. The experiences were organised into three overarching themes, 1. 'Conceptual Confusion', 2. The 'Impact Now of Trauma' and 3. 'Settling'. The study demonstrated that it is possible to discuss the concept of difficult life events with young adult male prisoners, though more difficult for some participants than others. The study supports existing concepts around the experience of trauma in young men, adding insights into the challenges to assessment and intervention work with this cohort, including avoiding assumptions of age-related homogeneity, and ideas for what might be helpful to these men whilst in prison.</div></div>","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"81 ","pages":"Article 100732"},"PeriodicalIF":1.0,"publicationDate":"2025-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143463882","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2025-02-19DOI: 10.1016/j.ijlcj.2025.100733
Franziska Clemens , Tuule Grolig
This imaginary mock-crime study examined how awareness of possible evidence influences innocent suspects' (N = 160) willingness to disclose critical information. Specifically, we tested the impact of (a) type of crime-unrelated act participants imagined having executed at the crime scene (lawful vs. unlawful) and (b) information about the possibility that surveillance camera evidence was available from the crime scene (informed vs. not informed). Unlawful (vs. lawful) act suspects were significantly less willing to disclose critical information about their actions and true intentions. As predicted, the awareness of possible evidence did not significantly impact lawful act suspects’ disclosure willingness. Contradicting the predictions, no significant differences occurred between informed and uninformed unlawful act suspects. The level of stress informed unlawful act suspects experienced in conjunction with the possibility of existing evidence was positively correlated to their willingness to disclose critical information about their true intentions.
{"title":"Innocent suspects’ willingness to disclose critical information: Examining the impact of awareness of possible evidence and type of crime-unrelated act","authors":"Franziska Clemens , Tuule Grolig","doi":"10.1016/j.ijlcj.2025.100733","DOIUrl":"10.1016/j.ijlcj.2025.100733","url":null,"abstract":"<div><div>This imaginary mock-crime study examined how awareness of possible evidence influences innocent suspects' (<em>N</em> = 160) willingness to disclose critical information. Specifically, we tested the impact of (a) type of crime-unrelated act participants imagined having executed at the crime scene (lawful vs. unlawful) and (b) information about the possibility that surveillance camera evidence was available from the crime scene (informed vs. not informed). Unlawful (vs. lawful) act suspects were significantly less willing to disclose critical information about their actions and true intentions. As predicted, the awareness of possible evidence did not significantly impact lawful act suspects’ disclosure willingness. Contradicting the predictions, no significant differences occurred between informed and uninformed unlawful act suspects. The level of stress informed unlawful act suspects experienced in conjunction with the possibility of existing evidence was positively correlated to their willingness to disclose critical information about their true intentions.</div></div>","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"81 ","pages":"Article 100733"},"PeriodicalIF":1.0,"publicationDate":"2025-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143437925","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2025-02-15DOI: 10.1016/j.ijlcj.2025.100729
Tejal Jesrani , Daimiris Garcia
This article explores the abuse of private criminal prosecutions to target those who report gender-based violence, illuminating how these “gendered” Strategic Lawsuits Against Public Participation (SLAPPs) violate victims' freedom of expression and access to justice around the world. Many cases took place in response to women breaking their silence about their own victimization as part of the #MeToo movement. But the demonization and criminalization of women's speech around harassment and abuse did not start there, nor has it ended. This phenomenon has not yet been adequately analyzed through case law, studied in the scholarly literature or recognized as an area for policy reform. Using international law and case studies, we aim to highlight the global reach of this phenomenon as well as the implications on victims' fundamental human rights. Finally, this article advocates for further research and proposes starting points for human rights and feminist-informed anti-SLAPPs legislation.
{"title":"Gendered SLAPPs: Addressing criminal prosecutions against exposers of sexual and gender-based violence under international human rights law","authors":"Tejal Jesrani , Daimiris Garcia","doi":"10.1016/j.ijlcj.2025.100729","DOIUrl":"10.1016/j.ijlcj.2025.100729","url":null,"abstract":"<div><div>This article explores the abuse of private criminal prosecutions to target those who report gender-based violence, illuminating how these “gendered” Strategic Lawsuits Against Public Participation (SLAPPs) violate victims' freedom of expression and access to justice around the world. Many cases took place in response to women breaking their silence about their own victimization as part of the #MeToo movement. But the demonization and criminalization of women's speech around harassment and abuse did not start there, nor has it ended. This phenomenon has not yet been adequately analyzed through case law, studied in the scholarly literature or recognized as an area for policy reform. Using international law and case studies, we aim to highlight the global reach of this phenomenon as well as the implications on victims' fundamental human rights. Finally, this article advocates for further research and proposes starting points for human rights and feminist-informed anti-SLAPPs legislation.</div></div>","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"80 ","pages":"Article 100729"},"PeriodicalIF":1.0,"publicationDate":"2025-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143421099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2025-01-31DOI: 10.1016/j.ijlcj.2025.100727
Elie K.N. Letourneur , Ada Pouye , Malika Mansouri
{"title":"Being victim in a postcolonial context: A quantitative study on power relations in Mayotte","authors":"Elie K.N. Letourneur , Ada Pouye , Malika Mansouri","doi":"10.1016/j.ijlcj.2025.100727","DOIUrl":"10.1016/j.ijlcj.2025.100727","url":null,"abstract":"","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"80 ","pages":"Article 100727"},"PeriodicalIF":1.0,"publicationDate":"2025-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143096991","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2025-01-28DOI: 10.1016/j.ijlcj.2025.100728
Jacqueline Sebire , Gareth Stubbs , Mohamed Al Hanaee
The findings from public surveys conducted in Abu Dhabi since 2015 have consistently found individuals' perceptions of ‘feelings of safety’ scored over 90%. This study investigates the factors that contribute to the public's perception of safety in public spaces using the Emirate's Community Safety Survey. Correlative analysis identified that confidence in Abu Dhabi Police's plans and procedures, responses to traffic-related incidents, and emergency responses were influential, with moderate correlation values above 0.30. Inferential analysis revealed that confidence in and satisfaction with the Abu Dhabi Police service, along with confidence in their ability to set plans and procedures, played an important role in enhancing public safety perceptions. The ordinal regression model, with a predictive accuracy of 86.65%, could be used to accurately predict the levels of safety in Abu Dhabi. These findings suggest strategic areas for police to focus on when improving public safety perceptions.
{"title":"Safety and security in Abu Dhabi: The impact of policing on public perceptions","authors":"Jacqueline Sebire , Gareth Stubbs , Mohamed Al Hanaee","doi":"10.1016/j.ijlcj.2025.100728","DOIUrl":"10.1016/j.ijlcj.2025.100728","url":null,"abstract":"<div><div>The findings from public surveys conducted in Abu Dhabi since 2015 have consistently found individuals' perceptions of ‘feelings of safety’ scored over 90%. This study investigates the factors that contribute to the public's perception of safety in public spaces using the Emirate's Community Safety Survey. Correlative analysis identified that confidence in Abu Dhabi Police's plans and procedures, responses to traffic-related incidents, and emergency responses were influential, with moderate correlation values above 0.30. Inferential analysis revealed that confidence in and satisfaction with the Abu Dhabi Police service, along with confidence in their ability to set plans and procedures, played an important role in enhancing public safety perceptions. The ordinal regression model, with a predictive accuracy of 86.65%, could be used to accurately predict the levels of safety in Abu Dhabi. These findings suggest strategic areas for police to focus on when improving public safety perceptions.</div></div>","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"80 ","pages":"Article 100728"},"PeriodicalIF":1.0,"publicationDate":"2025-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143097293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2025-01-26DOI: 10.1016/j.ijlcj.2024.100721
Cody Normitta Porter , Laura Haggar , Adam Charles Harvey , Paul Gavin
Employment is a barrier for individuals with a prior sexual offence. This study examined employability for a non-public-facing, low-skilled job, before and after a disclosure and barring service (DBS) check. The DBS check revealed either (i) rape, (ii) sexual activity with a child, (iii) possession of indecent photographs of children, or (iv) no criminal conviction. We measured ratings of trustworthiness, company value, and suitability for the role before and after the disclosure. Participants were then invited to keep or reject the candidate. As predicted, those with a prior sexual offence were perceived as less trustworthy, valuable, or suitable for employment. Contact offences received higher rejections (sexual activity with a child 49%, rape, 38%) than possession of photographs of children (32%). This data indicates discrimination still occurs when a DBS check is provided after an initial hiring decision. Directions for future research for enhancing employment opportunities are discussed.
{"title":"Sexual misconduct and evaluation of candidate appropriateness for employment within a nonpublic-facing role","authors":"Cody Normitta Porter , Laura Haggar , Adam Charles Harvey , Paul Gavin","doi":"10.1016/j.ijlcj.2024.100721","DOIUrl":"10.1016/j.ijlcj.2024.100721","url":null,"abstract":"<div><div>Employment is a barrier for individuals with a prior sexual offence. This study examined employability for a non-public-facing, low-skilled job, before and after a disclosure and barring service (DBS) check. The DBS check revealed either (i) rape, (ii) sexual activity with a child, (iii) possession of indecent photographs of children, or (iv) no criminal conviction. We measured ratings of trustworthiness, company value, and suitability for the role before and after the disclosure. Participants were then invited to keep or reject the candidate. As predicted, those with a prior sexual offence were perceived as less trustworthy, valuable, or suitable for employment. Contact offences received higher rejections (sexual activity with a child 49%, rape, 38%) than possession of photographs of children (32%). This data indicates discrimination still occurs when a DBS check is provided after an initial hiring decision. Directions for future research for enhancing employment opportunities are discussed.</div></div>","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"80 ","pages":"Article 100721"},"PeriodicalIF":1.0,"publicationDate":"2025-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143097292","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2025-01-20DOI: 10.1016/j.ijlcj.2025.100725
Yannick van den Brink , Caroline Lanskey
Demographic inequalities in law enforcement practices and subsequent youth justice decisions are well-documented in many youth justice systems worldwide. Informed by the concept of ‘cumulative disadvantage’ and empirical evidence from England & Wales and the Netherlands, this paper explores how inequalities in youth justice decisions are produced, how they might move and accumulate across different stages of the youth justice process and interact with inequalities in interlocking systems, specifically the educational system and the child protection system. Subsequently, this paper presents the first contours of an overarching analytical framework which can be used to unpack the complex web of dynamics, interactions and mechanisms that produce and reinforce inequalities in youth justice decisions. The analytical framework distinguishes seven spheres of influence – from the micro to the macro – that shape youth justice decision-making, out of which inequalities might develop and accumulate. These spheres of influence illustrate that interactions between individuals, agencies and systems as well as the wider societal context are all implicated in the mechanisms of creating, sustaining or amplifying children's inequalities and disadvantages in youth justice. Overall, by illuminating the complexity and the multidimensional nature of mechanisms of inequality and cumulative disadvantage in youth justice decision-making, the presented analytical framework offers researchers, policymakers and practitioners much-needed guidance to identify avenues for further inquiry and potential areas for reform, with the aim of effectively addressing unwarranted inequalities in youth justice in England & Wales, the Netherlands and internationally.
{"title":"Inequality, cumulative disadvantage and youth justice: Towards an analytical framework for understanding and addressing inequalities in youth justice decision-making","authors":"Yannick van den Brink , Caroline Lanskey","doi":"10.1016/j.ijlcj.2025.100725","DOIUrl":"10.1016/j.ijlcj.2025.100725","url":null,"abstract":"<div><div>Demographic inequalities in law enforcement practices and subsequent youth justice decisions are well-documented in many youth justice systems worldwide. Informed by the concept of ‘cumulative disadvantage’ and empirical evidence from England & Wales and the Netherlands, this paper explores how inequalities in youth justice decisions are produced, how they might move and accumulate across different stages of the youth justice process and interact with inequalities in interlocking systems, specifically the educational system and the child protection system. Subsequently, this paper presents the first contours of an overarching analytical framework which can be used to unpack the complex web of dynamics, interactions and mechanisms that produce and reinforce inequalities in youth justice decisions. The analytical framework distinguishes seven spheres of influence – from the micro to the macro – that shape youth justice decision-making, out of which inequalities might develop and accumulate. These spheres of influence illustrate that interactions between individuals, agencies and systems as well as the wider societal context are all implicated in the mechanisms of creating, sustaining or amplifying children's inequalities and disadvantages in youth justice. Overall, by illuminating the complexity and the multidimensional nature of mechanisms of inequality and cumulative disadvantage in youth justice decision-making, the presented analytical framework offers researchers, policymakers and practitioners much-needed guidance to identify avenues for further inquiry and potential areas for reform, with the aim of effectively addressing unwarranted inequalities in youth justice in England & Wales, the Netherlands and internationally.</div></div>","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"80 ","pages":"Article 100725"},"PeriodicalIF":1.0,"publicationDate":"2025-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143097290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2025-01-20DOI: 10.1016/j.ijlcj.2025.100726
Velibor Lalić, Žana Vrućinić, Predrag Ćeranić
This study explores how intergroup bias and conflict can be reduced in multiethnic Bosnia and Herzegovina, fostering conditions for intergroup dialogue that could lead to more effective counterterrorism policies. Intergroup Emotions Theory (IET) was applied to examine differences in perceptions of terrorism (PTQ-SF) based on ethnic/religious affiliation and sex. MANCOVA revealed statistically significant differences in perceptions of terrorism among ethnic groups of Bosnia and Herzegovina within the convenience sample (N = 576), with four out of eight subscales showing such differences. Additionally, significant differences were found between women and men across four subscales. Importantly, it was observed that sex, through re-categorization as a common category overlapping with ethnicity, may help reduce interethnic animosity by "reconciling" perceptions of terrorism. The theoretical and practical implications of these findings are discussed.
{"title":"We vs. them: Perception of terrorism in multiethnic Bosnia and Herzegovina in an intergroup perspective","authors":"Velibor Lalić, Žana Vrućinić, Predrag Ćeranić","doi":"10.1016/j.ijlcj.2025.100726","DOIUrl":"10.1016/j.ijlcj.2025.100726","url":null,"abstract":"<div><div>This study explores how intergroup bias and conflict can be reduced in multiethnic Bosnia and Herzegovina, fostering conditions for intergroup dialogue that could lead to more effective counterterrorism policies. Intergroup Emotions Theory (IET) was applied to examine differences in perceptions of terrorism (PTQ-SF) based on ethnic/religious affiliation and sex. MANCOVA revealed statistically significant differences in perceptions of terrorism among ethnic groups of Bosnia and Herzegovina within the convenience sample (N = 576), with four out of eight subscales showing such differences. Additionally, significant differences were found between women and men across four subscales. Importantly, it was observed that sex, through re-categorization as a common category overlapping with ethnicity, may help reduce interethnic animosity by \"reconciling\" perceptions of terrorism. The theoretical and practical implications of these findings are discussed.</div></div>","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"80 ","pages":"Article 100726"},"PeriodicalIF":1.0,"publicationDate":"2025-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143097289","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2025-01-13DOI: 10.1016/j.ijlcj.2024.100718
Anna Demenko
This paper presents a new approach to jurisdiction over online communication-related crimes. It argues that, considering the protective aims of penal law and the unique nature of speech, asserting jurisdiction based on territorial connections is unjustified in this context. Drawing from jurisprudence, philosophy of law, and linguistics, it emphasizes that for speech to be performed, it requires not only intentional conduct by the perpetrator but also the necessary engagement of recipients who, by means of interpretive strategies, recognize this behavior as intentionally expressing the perpetrator's mental experiences. They need not be the direct victims of speech; however, through the recognition they performed, they can be influenced by it. Therefore, it concludes that the jurisdiction most relevant for evaluating speech is that of the state with the closest connection to those recipients. Additionally, it describes how such an approach would facilitate the European Union's efforts in combating harmful on-line expression.
{"title":"Jurisdiction in online speech crime cases in the European Union","authors":"Anna Demenko","doi":"10.1016/j.ijlcj.2024.100718","DOIUrl":"10.1016/j.ijlcj.2024.100718","url":null,"abstract":"<div><div>This paper presents a new approach to jurisdiction over online communication-related crimes. It argues that, considering the protective aims of penal law and the unique nature of speech, asserting jurisdiction based on territorial connections is unjustified in this context. Drawing from jurisprudence, philosophy of law, and linguistics, it emphasizes that for speech to be performed, it requires not only intentional conduct by the perpetrator but also the necessary engagement of recipients who, by means of interpretive strategies, recognize this behavior as intentionally expressing the perpetrator's mental experiences. They need not be the direct victims of speech; however, through the recognition they performed, they can be influenced by it. Therefore, it concludes that the jurisdiction most relevant for evaluating speech is that of the state with the closest connection to those recipients. Additionally, it describes how such an approach would facilitate the European Union's efforts in combating harmful on-line expression.</div></div>","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"80 ","pages":"Article 100718"},"PeriodicalIF":1.0,"publicationDate":"2025-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143097291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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