Dr. Omar Abdel Majid Musbih
Assistant Professor of Criminal Law – College of Law – Sultan Qaboos University – Oman

Abstract:

Employing modern nanotechnology in the punitive policy is part of an increasing trend to use technology in implementing penalties and improving public safety. However, it raises the concerns of privacy advocates who fear that this technology provides activities for physical abuse and the abuse of the right to privacy of convicts. Therefore, these technologies are considered a threat to privacy and require supervisory scrutiny of their applications. The design of nanotechnology systems – nano-tracking and neuro-castration – raises problems for the physical safety and personal privacy of the convict. In this study, we chose to follow the descriptive analytical approach, by analyzing the most important effects of nano-technology on the punitive policy, and its compatibility with the basic rights of the convict.
The study concluded with a number of results and recommendations, the most important of which are: that the principles of punishment do not justify the use of at least two policies for implementing penal provisions that can be applied through nano-technology; nano-tracking and neuro-castration. The principles of punishment are best fulfilled through traditional punishments, and the use of nano-neuroscience is considered to begin the violation of the rights of the convict and ultimately leading to massive violations of the privacy of the individual. Hence, we believe that the use of nano-technology in the criminal justice system requires strict scrutiny to ensure the existence of preventive measures and legal and procedural transparency necessary for the guarantees of the principle of criminal legality.

Keywords: nano-technology, punitive policy, convict, criminal legitimacy, criminal justice.

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