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Criminal Enforcement of Environmental Law

In recent years, policymakers in the United States and worldwide have paid great attention to the criminal sanction as a tool for reaching environmental objectives. This article offers several arguments for the application of this penalty to behaviors that degrade the natural environment. Some are based on its deterrent capacity; some are less practical, focusing on a moral imperative to punish those who threaten human health or destroy natural resources. But arguments against criminalizing environmental law are also numerous. They emphasize its high costs, procedural complexity, and potential overkill effects. Decisions about the appropriate applicability of criminal sanctions need to be based on an evaluation of their actual legal and organizational advantages and disadvantages and a knowledge of other promising ideas to foster compliance. Such ideas range from subsidizing the polluter to publicizing his or her good or ill deeds.

The ANNALS of the American Academy of Political and Social Science, Vol. 525, No. 1, 134-146 (1993)
DOI: 10.1177/0002716293525001011


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