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Surveillance Technologies, Wrongful Criminalisation, and the Presumption of Innocence

Surveillance Technologies, Wrongful Criminalisation, and the Presumption of Innocence The potential of surveillance practices to undermine the presumption of innocence is a growing concern amongst critics of surveillance. This paper attempts to assess the impact of surveillance on the presumption of innocence. It defends an account of the presumption of innocence as a protection against wrongful criminalisation against alternatives, and considers both the ways in which surveillance might undermine that protection and the—hitherto overlooked—ways in which it might promote it. It draws on empirical work on the causes of erroneous convictions to suggest that surveillance can be used in ways that prevent innocent people being erroneously charged and convicted with crimes, by providing a source of exculpatory evidence for use in police investigations. It is argued that surveillance practices do not necessarily undermine the presumption of innocence but can be reformed in ways that both reduce the risk that they will cause wrongful criminalisation and increase their power to protect those already under suspicion. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Philosophy & Technology Springer Journals

Surveillance Technologies, Wrongful Criminalisation, and the Presumption of Innocence

Philosophy & Technology , Volume 30 (1) – Apr 20, 2016

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Publisher
Springer Journals
Copyright
Copyright © 2016 by The Author(s)
Subject
Philosophy; Philosophy of Technology
ISSN
2210-5433
eISSN
2210-5441
DOI
10.1007/s13347-016-0218-2
Publisher site
See Article on Publisher Site

Abstract

The potential of surveillance practices to undermine the presumption of innocence is a growing concern amongst critics of surveillance. This paper attempts to assess the impact of surveillance on the presumption of innocence. It defends an account of the presumption of innocence as a protection against wrongful criminalisation against alternatives, and considers both the ways in which surveillance might undermine that protection and the—hitherto overlooked—ways in which it might promote it. It draws on empirical work on the causes of erroneous convictions to suggest that surveillance can be used in ways that prevent innocent people being erroneously charged and convicted with crimes, by providing a source of exculpatory evidence for use in police investigations. It is argued that surveillance practices do not necessarily undermine the presumption of innocence but can be reformed in ways that both reduce the risk that they will cause wrongful criminalisation and increase their power to protect those already under suspicion.

Journal

Philosophy & TechnologySpringer Journals

Published: Apr 20, 2016

References