SSGS 300 Punishment for Cyber Crimes
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SSGS 300 Punishment for Cyber Crimes
Title: What is the Punishment for Cyber Crimes?
Enver Buçaj. “The Need for Regulation of Cyber Terrorism Phenomena in Line With Principles of International Criminal Law.” Acta Universitatis Danubius: Juridica 13.1 (2017): 140–161. Print.
According to Enver (2017) Cyber security remains a challenge at a national State level despite the fact that stakeholders recognize the cyber threat. However, the fact remains that cybercrime involves numerous principles of international law but unfortunately much of international laws are not clear on addressing cybercrimes so many principles of international laws were developed before cybercrime emerged.
There are conflicting national criminal laws that are considered acceptable as long as the crime remained in low scale and was limited. It came down to a country’s decision whether to incriminate the cybercrimes being a matter within the discretion of national since the consequences of that will only affect those who live within the borders of that country. An example by Enver (2017) was anyone can visit a web-page site in France not realizing that his or her communication travels through Japan and Brazil to get there. This example shows the complications of cybercrimes and why it is vital an international law is created to punish these acts.
Jetha, K. (2013). CYBERCRIME AND PUNISHMENT: AN ANALYSIS OF THE DEONTOLOGICAL AND UTILITARIAN FUNCTIONS OF PUNISHMENT IN THE INFORMATION AGE. Proceedings of the Conference on Digital Forensics, SecurityandLaw,,17-22.Retrievedfromhttps://search-proquest-com.ezproxy1.apus.edu/docview/1508544624?accountid=8289
According to Jetha (2013) criminal legislation has remained relatively stagnant. Work in cybercrime can be divided into two types: the first and most common type is basically a migration of real-world crimes to cyberspace. The second kind is specifically defined cyber offenses like hacking or distributing malicious software. Unfortunately, it is the first type that legislation establishes cybercrime as a distinct field and has fallen behind in changes to technology. Due to this, crimes like hacking the defendants are often charged with fraud, which has been in place since the late 1800’s.
Jetha (2013) also states that there are four purposes of punishment: retribution, deterrence, incapacitation, and rehabilitation. Retribution punishment is based upon the assumption that individuals who commit crimes are morally capable of decision making. Deterrence refers to the punishment outweighing the outcome of the crime. Incapacitation refers to the time the criminal is incarcerated, his or her ability to perform a crime are drastically reduced. Lastly rehabilitation refers to trying to “cure” offenders of their wrongdoings and return them to a civilized life.
Guitton, C. (2012). Criminals and cyber attacks: The missing link between attribution and deterrence. International Journal of Cyber Criminology, 6(2), 1030-1043. Retrieved from https://search-proquest-com.ezproxy1.apus.edu/docview/1350307582?accountid=8289
Guitton (2012) focuses on two quantitative analyses that collected evidence to study what is missing between attribution and deterrence. One analysis looked at evidence from data at the state level and the other look at individual cases. Analysis showed attribution only works as a deterrent for a specific population of cyber crime and enhancing attribution only for deterrent purposes likely will fail for other types of criminals. Deterrence occurs when a potential offender decides not to commit a criminal act because that person understands the legal punishment for their behavior.
This source is very valuable, many people have written about cybercrime without every actually having any evidence or experiments to base off of. The results of Guitton (2012) experiments demonstrate the severe flaw in the lack of punishment for cybercrimes. The law is so far behind on technology that we can only hope to try to deter some criminals while others are finding other ways around the problem.
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