Page 35 - Forensic News Journal Oct Nov 2017
P. 35

Science And Technology: Their Relationship with Law

        In addressing the issues of  States are not only permit- Advocate K.T.S. Tulsi

        what problems were posed  ted, but also required, to                      -- “There is no doubt that
        by cyber-crime, Mr. Corell  exercise jurisdiction with                    [science] is going to over-
        noted that the scope of              respect to crimes under              take the law enforcement

 F      international cooperation            international law, is also           agencies by storm. No

 O      is limited by international  subject to different opin-                   one will be able to avoid
 R      agreements and by the                ions.                                it. It is like standing on
 E      national law of the State                                                 the shore and asking the

 N      from which information               CONCLUSION                           waves of the sea not to
 S      has been requested. There                                                 come. What is required

 I      are also differing priorities  The magnetism of science  is a proper debate about
 C      between developed and                has always captivated                the real value of [science]
        developing countries.                members of the legal pro-            and whether it fits into the

 M      These differences compli-            fession. People look up              overall picture and what
 E      cate international coopera- to science to rescue them                     use could be made of it by

 T      tion and expand the gap              from the experience of un- the investigators.”
 H      between the two groups.              certainty and the discom-
 O                                           fort of difficult legal deci-        REFERENCES

 D      There is no authoritative,           sions, and are constantly
 O      comprehensive elabora-               disappointed.                        v BOOKS AND

 L      tion of the principle of                                                  ARTICLES
 O      universal jurisdiction               The notion of what con-
 G      concerning cyber-crime,              stitutes science and what                A Convergence of

 Y      he said. There are differ-           it would take to make                Science and Law. A Sum-
        ent views concerning the             law more scientific varies  mary Report of the First
        offences that constitute             across time. What does               Meeting of the Science,

        crimes under international  not vary is our constant                      Technology and Law
        law that are subject to uni- return to the well. We are                   Panel: National Research
        versal jurisdiction. There           constantly seduced into              Council.

        are also different opinions  believing that some new                      Science and law blog: Au-
        with respect to the signifi-         science will provide an              gust 8, 2008.

        cance of the obligation to           answer to laws dilemmas,
        prosecute or extradite, as           and we are constantly dis-           Fingerprints’’ Chemi-
        contained in various trea-           appointed.                           cal “Footprints”Science

        ties, as evidence of univer-                                              and law blog: August 11,
        sal jurisdiction. Whether            In the words of Senior               2008.


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