Suchergebnisse

This guide is intended to provide an introduction to criminal law in Zimbabwe. It refers to the leading and illustrative cases of Zimbabwe and, as a supplement, to South African cases

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.

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.