NCJ Number
160678
Date Published
1995
Length
17 pages
Annotation
This analysis of environmental law and policy argues that the use of criminal law for environmental offenses has many practical disadvantages, including its current political unpopularity.
Abstract
Most environmental offenses are complex. It may take several generations and require intricate regression analyses to determine the role of environmental carcinogens such as toxic waste in causing disease. As a result, attributing blame, a necessary precondition for prosecution, is difficult. Self- interest has been a major factor in actions forcing governments to enact and enforce legislation; the relative lack of self- interest in environmental offenses represents a major political problem. Another problem is the difficulty of fitting environmental protection into any political category. Although this difficulty theoretically makes it easier to develop national coalitions, it actually makes policy formulation more difficult. The global nature of environmental offenses is another important factor. Continuing recession and unemployment may force governments to accede to the demands of growth coalitions. Environmental groups need to address the political implications of jobless growth and explore policies compatible with environmental protection. The recommended approach is to explore a variety of options ranging from the creation of new criminal offenses such as environmental manslaughter and greater regulatory sanctions to economic, market-based incentives and cooperative strategies.