Criminal Enforcement of Environmental Law

In: The annals of the American Academy of Political and Social Science, Band 525, S. 134-146

Abstract

The use of criminal sanctions to punish or deter violations of environmental law is debated. Arguments favoring the criminalization of such laws point to their deterrent capacity & reflect the desire of some to exact moral retribution on offenders. Arguments against penalties & punishments focus on potential for overkill, procedural complexity, & high implementation costs. In weighing these arguments, a balance must be struck in evaluating the legal & organizational advantages/disadvantages against alternative measures for gaining compliance. These include publicizing the polluter's activities, economic incentives, civil sanction, equity fines, the pass-through fine, educational strategies, internal restructuring, cooperative lawmaking, external investigations, & community service orders. Adapted from the source document.