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Criminalizing environmental offences: when the prosecutor’s helping hand hurts

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  • Timo Goeschl

    ()

  • Ole Jürgens

Abstract

Recent policy initiatives by the European Commission envisage an increased criminalization of offences against the environment, bringing the deterrent power of criminal law to bear on environmental violators in order to increase environmental quality. This paper examines some of the implications of such initiatives from a law-and-economics perspective. We show that increased criminalization does not necessarily lead to higher environmental quality. Budget-constrained regulators mandated with minimizing environmental damages can lose their ability to incentivize violators to report their misconducts in the presence of criminal prosecution. Therefore, some of the damages that otherwise can be remediated go undetected. The mechanism results from the subtle interplay of the current regulatory structure and the incentives of the environmental criminal justice system. Copyright Springer Science+Business Media, LLC 2014

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Bibliographic Info

Article provided by Springer in its journal European Journal of Law and Economics.

Volume (Year): 37 (2014)
Issue (Month): 2 (April)
Pages: 199-219

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Handle: RePEc:kap:ejlwec:v:37:y:2014:i:2:p:199-219

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Web page: http://www.springerlink.com/link.asp?id=100264

Related research

Keywords: Environmental crime; Self-reporting; Legality principle; Sanctioning discretion; K14; K32; K42;

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  1. Nuno Garoupa, 2004. "Punish Once or Punish Twice: A Theory of the Use of Criminal Sanctions in Addition to Regulatory Penalties," American Law and Economics Review, Oxford University Press, vol. 6(2), pages 410-433.
  2. Christian Langpap, 2008. "Self-Reporting and Private Enforcement in Environmental Regulation," Environmental & Resource Economics, European Association of Environmental and Resource Economists, vol. 40(4), pages 489-506, August.
  3. Friedman, David & Sjostrom, William, 1993. "Hanged for a Sheep--The Economics of Marginal Deterrence," The Journal of Legal Studies, University of Chicago Press, vol. 22(2), pages 345-66, June.
  4. Philippe Bontems & Gilles Rotillon, 2000. "Honesty in Environmental Compliance Games," European Journal of Law and Economics, Springer, vol. 10(1), pages 31-41, July.
  5. Christian Almer & Timo Goeschl, 2011. "The political economy of the environmental criminal justice system: a production function approach," Public Choice, Springer, vol. 148(3), pages 611-630, September.
  6. Kaplow, Louis & Shavell, Steven, 1994. "Optimal Law Enforcement with Self-Reporting of Behavior," Journal of Political Economy, University of Chicago Press, vol. 102(3), pages 583-606, June.
  7. Schulhofer, Stephen J, 1988. "Criminal Justice Discretion as a Regulatory System," The Journal of Legal Studies, University of Chicago Press, vol. 17(1), pages 43-82, January.
  8. George J. Stigler, 1974. "The Optimum Enforcement of Laws," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 55-67 National Bureau of Economic Research, Inc.
  9. Malik Arun S., 1993. "Self-Reporting and the Design of Policies for Regulating Stochastic Pollution," Journal of Environmental Economics and Management, Elsevier, vol. 24(3), pages 241-257, May.
  10. James Andreoni, 1991. "Reasonable Doubt and the Optimal Magnitude of Fines: Should the Penalty Fit the Crime?," RAND Journal of Economics, The RAND Corporation, vol. 22(3), pages 385-395, Autumn.
  11. Livernois, John & McKenna, C. J., 1999. "Truth or consequences: Enforcing pollution standards with self-reporting," Journal of Public Economics, Elsevier, vol. 71(3), pages 415-440, March.
  12. Devon Garvie & Andrew Keeler, 1993. "Incomplete Enforcement with Endogenous Regulatory Choice," Working Papers 873, Queen's University, Department of Economics.
  13. Nuno Garoupa & Daniel Klerman, 2002. "Optimal Law Enforcement with a Rent-Seeking Government," American Law and Economics Review, Oxford University Press, vol. 4(1), pages 116-140, January.
  14. Christian Langpap, 2007. "Pollution abatement with limited enforcement power and citizen suits," Journal of Regulatory Economics, Springer, vol. 31(1), pages 57-81, February.
  15. Lars Hansen & Signe Krarup & Clifford Russell, 2006. "Enforcement and Information Strategies," Journal of Regulatory Economics, Springer, vol. 30(1), pages 45-61, 07.
  16. Heyes, Anthony & Rickman, Neil, 1999. "Regulatory dealing - revisiting the Harrington paradox," Journal of Public Economics, Elsevier, vol. 72(3), pages 361-378, June.
  17. Innes, Robert, 1999. "Remediation and self-reporting in optimal law enforcement," Journal of Public Economics, Elsevier, vol. 72(3), pages 379-393, June.
  18. Heyes, Anthony G., 1996. "Cutting environmental penalties to protect the environment," Journal of Public Economics, Elsevier, vol. 60(2), pages 251-265, May.
  19. Jost, Peter-J., 1997. "Regulatory enforcement in the presence of a court system," International Review of Law and Economics, Elsevier, vol. 17(4), pages 491-508, December.
  20. Innes, Robert, 2000. "Self-Reporting in Optimal Law Enforcement When Violators Have Heterogeneous Probabilities of Apprehension," The Journal of Legal Studies, University of Chicago Press, vol. 29(1), pages 287-300, January.
  21. Miceli, Thomas J., 1991. "Optimal criminal procedure: Fairness and deterrence," International Review of Law and Economics, Elsevier, vol. 11(1), pages 3-10, May.
  22. Steven Shavell & A. Mitchell Polinsky, 2000. "The Economic Theory of Public Enforcement of Law," Journal of Economic Literature, American Economic Association, vol. 38(1), pages 45-76, March.
  23. Roger Bowles & Michael Faure & Nuno Garoupa, 2008. "The scope of criminal law and criminal sanctions: An economic view and policy implications," Working Papers 2008-03, Instituto Madrileño de Estudios Avanzados (IMDEA) Ciencias Sociales.
  24. Heyes, Anthony & Kapur, Sandeep, 2009. "Enforcement missions: Targets vs budgets," Journal of Environmental Economics and Management, Elsevier, vol. 58(2), pages 129-140, September.
  25. Innes, Robert, 2001. "Violator Avoidance Activities and Self-Reporting in Optimal Law Enforcement," Journal of Law, Economics and Organization, Oxford University Press, vol. 17(1), pages 239-56, April.
  26. Thomas J. Miceli, 2008. "Criminal Sentencing Guidelines And Judicial Discretion," Contemporary Economic Policy, Western Economic Association International, vol. 26(2), pages 207-215, 04.
  27. Besanko, David & Spulber, Daniel F, 1989. "Delegated Law Enforcement and Noncooperative Behavior," Journal of Law, Economics and Organization, Oxford University Press, vol. 5(1), pages 25-52, Spring.
  28. Derek Pyne, 2004. "Can Making It Harder to Convict Criminals Ever Reduce Crime?," European Journal of Law and Economics, Springer, vol. 18(2), pages 191-201, September.
  29. Jeremy Firestone, 2002. "Agency governance and enforcement: the influence of mission on environmental decisionmaking," Journal of Policy Analysis and Management, John Wiley & Sons, Ltd., vol. 21(3), pages 409-426.
  30. Montero, Juan-Pablo, 2002. "Prices versus quantities with incomplete enforcement," Journal of Public Economics, Elsevier, vol. 85(3), pages 435-454, September.
  31. McCubbins, Mathew D & Noll, Roger G & Weingast, Barry R, 1987. "Administrative Procedures as Instruments of Political Control," Journal of Law, Economics and Organization, Oxford University Press, vol. 3(2), pages 243-77, Fall.
  32. Fenn, P & Veljanovski, C G, 1988. "A Positive Economic Theory of Regulatory Enforcement," Economic Journal, Royal Economic Society, vol. 98(393), pages 1055-70, December.
  33. Jones, Carol Adaire & Scotchmer, Suzanne, 1990. "The social cost of uniform regulatory standards in a hierarchical government," Journal of Environmental Economics and Management, Elsevier, vol. 19(1), pages 61-72, July.
  34. Garoupa, Nuno, 1997. " The Theory of Optimal Law Enforcement," Journal of Economic Surveys, Wiley Blackwell, vol. 11(3), pages 267-95, September.
  35. Andrew Keeler, 1995. "Regulatory objectives and enforcement behavior," Environmental & Resource Economics, European Association of Environmental and Resource Economists, vol. 6(1), pages 73-85, July.
  36. Harrington, Winston, 1988. "Enforcement leverage when penalties are restricted," Journal of Public Economics, Elsevier, vol. 37(1), pages 29-53, October.
  37. Mookherjee, Dilip & Png, I P L, 1994. "Marginal Deterrence in Enforcement of Law," Journal of Political Economy, University of Chicago Press, vol. 102(5), pages 1039-66, October.
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