Comparative Criminal Justice and The Global Panopticon

Comparative Criminal Justice and The Global Panopticon
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Comparative Criminal Justice and The Global Panopticon
I. Introduction
The rapid advancement of new technologies has significantly altered the way we live and interact with one another. The rise of the internet, social media, and smartphones have facilitated human connectivity and brought us closer as a global community. However, using these technologies has also raised concerns about their impact on human rights, particularly criminal justice (Godfrey, 2022). As criminal justice systems adapt to the new digital world, questions about the continued viability of cherished notions of individual rights and due process have been raised. For example, facial recognition technology and surveillance cameras have become commonplace in many countries, but at what cost to personal privacy and civil liberties? Furthermore, law enforcement agencies collection and storage of personal data has sparked debates about the appropriate limits on state surveillance.
The role of criminal justice in this new digital world is crucial, as it is tasked with upholding the law and ensuring public safety in an increasingly complex and interconnected society. At the same time, criminal justice systems must also navigate the challenges posed by new technologies, including the potential for increased surveillance and the erosion of individual rights (Harding & Cronin, 2022). This essay will explore the intersection of comparative criminal justice and the global panopticon, examining the impact of new technologies on policing and due process in different countries. Through this analysis, we will better understand how the administration of criminal justice interacts with these new technological developments, and whether they offer new opportunities for more effective law enforcement or threaten individual liberties and democratic values. The impact of new technologies on human connectivity and human rights in the criminal justice system is a complex and multifaceted issue. As we continue to grapple with the implications of these developments, it is important to carefully consider the trade-offs between security and privacy and work towards a balanced approach that upholds individual rights and the rule of law.
II. The Panopticon
The panopticon, first conceptualized by the philosopher Jeremy Bentham in the late 18th century, is a design for a prison that allows for constant observation of inmates while keeping them isolated from one another. The panopticon consists of a central watchtower surrounded by cells, with the guards able to observe the prisoners from above without the prisoners being able to see the guards (Harding & Cronin, 2022). Michel Foucault, a French philosopher and social theorist, expanded on Bentham's concept of the panopticon in his book "Discipline and Punish", arguing that the panopticon was not just a physical prison design but a broader model for the exercise of power in modern society. According to Foucault, the panopticon represents a disciplinary mechanism that operates through surveillance, creating a constant sense of being watched that encourages conformity to social norms (Kotanci, 2020).
Foucault believed that the panopticon had become the basis for the modern disciplinary society, with institutions such as schools, hospitals, and workplaces adopting panoptic principles in their design and organization. This panoptic discipline model creates a sense of visibility, where individuals believe they are being watched even when they are not, leading to self-policing and conformity to social norms (Kotanci, 2020) The role of surveillance in creating knowledge is a key component of the panopticon model. Surveillance produces information about their behavior, actions, and beliefs by constantly monitoring individuals. This information can be used to control and regulate individuals, both in the context of the criminal justice system and in wider society (Harding & Cronin, 2022). However, the use of surveillance in the pursuit of knowledge raises questions about privacy and individual rights. The widespread use of technology in modern surveillance has made it possible to collect and store vast amounts of personal data, leading to concerns about the misuse of this information and the potential for abuse by those in positions of power.
The Panopticon has been criticized for its potential to create a dystopian society where individuals are constantly under surveillance and control. Critics argue that the panopticon model of discipline leads to the suppression of individuality and the promotion of conformity, limiting the potential for creativity and innovation (Godfrey, 2022). Despite these concerns, the panopticon model has been adopted by many countries in the administration of criminal justice. CCTV cameras, GPS tracking, and other forms of surveillance have become widespread in law enforcement, allowing for greater monitoring of individuals and groups. The use of surveillance in criminal justice has positive and negative impacts (Harding & Cronin, 2022). On the one hand, surveillance can assist in detecting and preventing crime, providing valuable evidence in criminal investigations. It can also help to deter criminal activity by creating a sense of visibility and accountability.
On the other hand, using surveillance in criminal justice raises concerns about the potential for abuse and the violation of individual rights. The collection and storage of personal data can be used to target and discriminate against certain groups. In contrast, the use of surveillance in the pursuit of national security can lead to the suppression of dissent and the erosion of civil liberties (Godfrey, 2022). The panopticon represents a model of discipline that has been adopted by many countries in the administration of criminal justice. While surveillance can assist in detecting and preventing crime, it also raises concerns about privacy, individual rights, and the potential for abuse. As we grapple with the implications of new technologies on criminal justice, it is important to consider the trade-offs between security and privacy carefully a...