Criminal expertise plays a crucial role in the choices offenders make when committing a crime, including their modus operandi. However, our knowledge about criminal decision making online remains limited. Drawing on insights from cyber security, we conceptualize the cybercrime commission process as the sequence of phases of the cyber kill chain that offenders go through. We assume that offenders who follow the sequence consecutively use the most efficient hacking method. Building upon the expertise paradigm, we hypothesize that participants with greater hacking experience and IT skills undertake more efficient hacks. To test this hypothesis, we analyzed data from 69 computer security and software engineering students who were invited to hack a vulnerable website in a computer lab equipped with monitoring software, which allowed to collect objective behavioral measures. Additionally, we collected individual measures regarding hacking expertise through an online questionnaire. After quantitatively measuring efficiency using sequence analysis, a regression model showed that the expertise paradigm may also apply to hackers. We discuss the implications of our novel research for the study of offender decision-making processes more broadly.
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This chapter explores the legal and moral implications of the use of data science in criminal justice at two levels: police surveillance and the criminal trial of a defendant. At the first level, police surveillance, data science is used to identify places and people at high risk of criminal activity, allowing police officers to target surveillance and take proactive measures to try to prevent crime (predictive policing). At the second level, the criminal trial of a defendant, data science is used to make risk assessments to support decisions about bail, sentencing, probation, and supervision and detention orders for high-risk offenders. The use of data science at these levels has one thing in common: it is about predicting risk. The uncertainty associated with risk prediction raises specific related legal and ethical dilemmas, for example in the areas of reasonable suspicion, presumption of innocence, privacy, and the principle of non-discrimination.
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In this thesis several studies are presented that have targeted decision making about case management plans in probation. In a case management plan probation officers describe the goals and interventions that should help offenders stop reoffending, and the specific measures necessary to reduce acute risks of recidivism and harm. Such a plan is embedded in a judicial framework, a sanction or advice about the sanction in which these interventions and measures should be executed. The topic of this thesis is the use of structured decision support, and the question is if this can improve decision making about case management plans in probation and subsequently improve the effectiveness of offender supervision. In this chapter we first sketch why structured decision making was introduced in the Dutch probation services. Next we describe the instrument for risk and needs assessment as well as the procedure to develop case management plans that are used by the Dutch probation services and that are investigated in this thesis. Then we describe the setting of the studies and the research questions, and we conclude with an overview of this thesis.
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