As new technologies emerge and are increasingly used to commit interpersonal cybercrimes like cyberstalking and cyberharassment, the legal system lags in assisting victims in obtaining justice in these types of experiences. This qualitative research study explores how attorney and advocate interviewees from Illinois, New Jersey, and New York view judges’ responsibility to the law in cyberstalking and cyberharassment cases. This study finds three themes: judges’ lack of understanding of technology and its harms, discretion, and law on the books versus law in action as important factors and frameworks that contribute to why judges do not consider the importance of technology in a case. As a result, attorneys and advocates view judges as a challenge because judges do not fulfill their judicial responsibilities to the law as they are not informed about the unique consequences of technology in cyberstalking and cyberharassment crimes.
Type of Issue
"Do Judges Understand Technology? How Attorneys and Advocates View Judicial Responsibility in Cyberstalking and Cyberharassment Cases,"
International Journal on Responsibility: Vol. 6:
1, Article 6.
Available at: https://commons.lib.jmu.edu/ijr/vol6/iss1/6