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The article engages in an ideology critique of international criminal law texts and discourse, drawing on a theoretical framework developed by critical legal studies scholars in order to interrogate, in a different jurisprudential context, the assumptions undergirding contemporary international...
Persistent link: https://www.econbiz.de/10013082385
This paper offers a new argument for why a more aggressive enforcement of minor offenses ('zero-tolerance') may yield a double dividend in that it reduces both minor offenses and more severe crime. We develop a model of criminal subcultures in which people gain social status among their peers...
Persistent link: https://www.econbiz.de/10012779694
In recent years the term “wage theft” has been widely used to describe the phenomenon of employers not paying their workers the wages they are owed. While the term has great normative weight, it is rarely accompanied by calls for employers literally to be prosecuted under the criminal law....
Persistent link: https://www.econbiz.de/10012954165
Two countries set their enforcement non-cooperatively to deter native and foreign individuals from committing crime in their territory. Crime is mobile, ex ante (migration) and ex post (fleeing), and criminals hiding abroad after having com- mitted a crime in a country must be extradited back....
Persistent link: https://www.econbiz.de/10012892142
Over the past decade, workers' rights activists and legal scholars have embraced the language of “wage theft” in describing the abuses of the contemporary workplace. The phrase invokes a certain moral clarity: theft is wrong. The phrase is not merely a rhetorical flourish. Increasingly, it...
Persistent link: https://www.econbiz.de/10012825075
Corporate compliance is becoming increasingly “criminalized.” What began as a means of industry self-regulation has morphed into a multi-billion dollar effort to avoid government intervention in business, specifically criminal and quasi-criminal investigations and prosecutions. In order to...
Persistent link: https://www.econbiz.de/10012969723
deterrence by the same amount. We demonstrate that this view is generally incorrect both when the court's error concerns the …-1 error exerts a lesser effect on deterrence than type-2 error. Moreover, we demonstrate that type-1 error may lead a … error, whether or not it is defined as conditional on adjudication, therefore does not exert any direct effect on deterrence …
Persistent link: https://www.econbiz.de/10012856680
On November 14, 2013, Professor Dervan was called to testify before the United States House of Representatives' Committee on the Judiciary Over-Criminalization Task Force. Available here is his written testimony. In his written testimony, Professor Dervan examines the phenomenon of...
Persistent link: https://www.econbiz.de/10013051862
from a deterrence perspective. However, I stress that higher sanctions call for greater competence on the part of …
Persistent link: https://www.econbiz.de/10013056441
lower the deterrence of crime because such rewards diminish the disutility of imprisonment. I demonstrate that, despite this … behavior — resulting in good behavior essentially without a reduction in deterrence. While employing privileges to reward good …
Persistent link: https://www.econbiz.de/10013020780