Criminalisation: Applying a living-standard analysis to non-consensual photography and distribution
Burton, Kelley J. (2007) Criminalisation: Applying a living-standard analysis to non-consensual photography and distribution. QUT Law and Justice Journal, 2(7).
Determining whether conduct should be criminalised or not, is a serious problem because the criminal law is becoming more civilised. This article explores the living-standard analysis tool, which provides a systematic decision-making framework rather than leaving it to intuition. This tool is applied to four examples of non-consensual photography and distribution, and the results are compared with the criminal law. This comparison indicates that the two do not always coincide. Over-criminalisation is one possible explanation for this discrepancy. This article recommends further research into the usefulness of the living-standard analysis tool.
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|Item Type:||Journal Article|
|Additional Information:||The contents of this journal can be freely accessed online via the journal's web page (see hypertext link).|
|Keywords:||criminalisation, harm, photograph, crime, criminal law|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Criminal Law and Procedure (180110)|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law|
|Copyright Owner:||Copyright 2007 Queensland University of Technology|
|Deposited On:||10 Apr 2008|
|Last Modified:||29 Feb 2012 23:35|
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