NCJ Number
195480
Journal
Journal of Scandinavian Studies in Criminology and Crime Prevention Volume: 2 Issue: 2 Dated: 2001 Pages: 109-126
Date Published
2001
Length
18 pages
Annotation
This article examines whether criminal law can be useful for controlling environmentally hazardous activities.
Abstract
The author focuses on the conditions that must exist in order for criminal law to prevent environmental hazards from occurring. The author notes that those charged with enforcing the environmental laws and regulations must be particularly vigilant, and the law must impose sanctions that are sure, swift, and severe enough to deter criminal activities. The author also addresses the particular problems faced by agencies charged with enforcing environmental criminal law, problems such as juggling the dual roles of advisers and enforcers. The article goes on to discuss the legal-technical problems faced by the police and prosecutors. It is difficult for these agencies to prove that environmental offenses have occurred, as well as where the blame belongs when an offense is uncovered. Police and prosecutors also have trouble bringing cases to court simply because they often lack the scientific expertise required in such cases. The author concludes the article by discussing the causes of many of these problems and suggesting that the problems need to be addressed to ensure the uniform application of environmental criminal law. Tables, references