Cybercrime has become a well-known term globally, yet this fairly new area of criminology that has created a gap between our legal system and our criminal justice system. Cybercrime has become one of the most pervasive crimes taking place across the world however experts struggle to understand it and more importantly are failing to combat it. Cybercrime can take many forms including stalking, harassment, intrusion, as well as many other genres both domestically and internationally. Most people have experienced some form of cyber harassment or even stalking yet did not report these crimes to local authorities. Teens and preteens are often victims of cyber abuse, yet few come forward out of fear of humiliation or ridicule. While these crimes may seem minor in comparison to ransomware attacks or international espionage, these cybercrimes are no less intrusive or harmful to the victim. Hazelwood & Koon-Magnin (2013) studied how states are managing the occurrences of cyber stalking and cyber harassment in their judicial systems. According to their research most states take one of two approaches to managing cyber harassment and cyber stalking. The first approach amends language in existing legislation and adda specific and defining verbiage relating to these crimes. The second approach involved adding new legislation that addresses these crimes specifically. The researchers found that forty-nine of the fifty states studied have developed specific legislation or addressed cyber harassment and cyber stalking directly. They concluded that there is a critical need for specific legislation that addresses cybercrimes such as cyber harassment and cyber stalking. Although most states are working to address these crimes, this study shows a concerning need for further research and development of law enforcement to protect victims and prosecute the criminals.
Hawkins et al., (2018) studied the need to understand the relationship between cybercrime and criminology. What they found is the definition of crime has expanded to include technological crimes. With the onset of modern technology and increased access to internet and global networks, the rise in cybercrime has created a void in the criminal justice system that is in dire need of filling. Their research discovered the most prominent cybercrime to be hacking followed by fraud, conspiracy, cyberstalking, and identity theft. They also reported the main offenders included younger males yet depending on the specific offense, females were most likely to participate in fraud over other cybercrimes. The researchers provide guidance on how to investigate and prosecute cybercrime offenders. Hawkins et al., (2018) suggested investigators must expand their investigation to include international offenders and co-conspirators based on research supporting that most cybercrimes include multiple offenders. They go on to recommend local authorities work with other jurisdictions to uncover offenders as they are often located in multiple areas both domestic and international. Another important recommendation from this research suggests cyber criminologist work with law enforcement and prosecutors in develop a better understanding of cybercrime. Finally, they conclude that cybercrime can be viewed as the same crimes being committed but with new methods in the form of technology and the need for criminologist to better understand these methods is imperative to staying ahead of cybercrime.
(Hadzhidimova and Payne) discuss several approaches to defending victims against cybercrime and discovering the offenders. In their research they explain the need to expand the field of criminal justice to include a broader swath of cybercrime experts. The researchers explained the need for better guardianship strategies, more accurate measuring of victimization and offending, development of future employees, expanding digital forensics, and other comprehensive ideas to combat cybercrime more efficiently. The development and expansion of digital forensics is one of several ways to battle cybercrime. This new field of investigation provides detectives of cybercrime more detailed analysis of digital forensics and therefore offers a better path to discovering who the offender is and furthermore provides insight into how to combat this crime. Expanding the training for digital forensics would allow criminal justice experts to readily investigate cybercrimes with a deeper level of research and provide evidence needed to prosecute the offenders.
Expanding digital forensics ties in nicely with another idea proposed by (Hadzidimova and Payne). The development of future employees is vital to battling the growing field of cybercrime. As we watch cybercrimes unfold, there is a growing need for well-trained individuals to study and develop methods of investigation as well as provide better defenses against these offenders. Cyber security and criminal justice are a natural pairing that with the proper positioning can expand the field of cyber security and incorporate both criminal justice with the expertise of cyber security professionals. This overlap is a perfect segue into broadening the field of criminal justice that would appeal to those individuals studying cyber security with a desire to work in criminal justice. The researchers in this study found the integration of cybersecurity into the criminal justice field is very slow. Many colleges and universities do not offer coursework around this field of study and those who do, the courses are limited.
There is an incredible need for criminal justice and cyber security to come together and work in tandem. With the exponential growth of cybercrimes both domestically and internally, expertise in both fields is critical. Laws must be updated to incorporate the correct verbiage and language related cybercrimes. Local, state, and federal government must step into this new realm of crime and create legislation geared directly at creating and enforcing laws that prohibit all forms of cybercrimes. Many legislators lack the full understanding of cybercrime and must be educated in this area of crime in order to establish laws and guidance for law enforcement to follow. This could mean a need for younger, educated, lawmakers and digital forensic experts working with legislators to increase their understanding of technological crimes. Task forces could be established by combining cyber security experts, criminologists, and legislators to expand the understanding of this field of crime and develop methods of combatting cybercrime.
Another comprehensive approach to facing the world of cybercrime is to offer up the most highly trained individuals in both technology and criminology. These two fields no longer stand alone and need to be restructured so as to broaden their effectiveness. There is a growing push for education in the STEM fields. Locally, many high schools are offering expanded education opportunities in these areas. This approach needs to be expanded. Schools must begin at an earlier age encouraging knowledge in technology fields. Universities and the criminal justice experts must work together to create courses and encourage study in this area of cybercrime and criminal justice. As learning institutions begin to grow their academic programs, students will move into these fields more readily and therefore result in a larger pool of experts in this combined field. There is no quick fix to the gap between cybercrime, legislation, and law enforcement however, experts can work together to find immediate solutions to these issues while establishing long term resolutions that will evolve and grow as the field of cybercrime grows and evolves. Leaders must recognize the landscape of crime is changing and society must change with it. Without the combination of updated laws, knowledge, and training in the overlapping fields of criminology and cybersecurity, the world of cybercrime will continue to outpace law enforcement and this gap will go unfilled.
References:
Hadzidimova, Lora., & Payne, Brian (n.d.). Cyber security and criminal justice programs in the United States: Exploring the … Inpress at International Journal of Criminal Justice Sciences. Retrieved April 9, 2022, from https://digitalcommons.odu.edu/cgi/viewcontent.cgi?article=1039&context=sociology_
Hawkins, B., Payne, B., & Xin, C. (2018, November 3). Using labeling theory as a guide to examine the patterns … American Journal of Criminal Justice. Retrieved April 9, 2022, from https://link.springer.com/content/pdf/10.1007%2Fs12103-018-9457-3.pdf
Hazelwood, S. D., & Koon-Magnin, S. (2013, July). Cyber stalking and cyber harassment legislation in the United States: A Qualitative Analysis. Cyber Crime Journal.com. Retrieved April 9, 2022, from https://www.cybercrimejournal.com/hazelwoodkoonmagninijcc2013vol7issue2.pdf