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Criminal Law Commons

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Full-Text Articles in Criminal Law

The Market For Criminal Justice: Federalism, Crime Control And Jurisdictional Competition, Doron Teichman Sep 2004

The Market For Criminal Justice: Federalism, Crime Control And Jurisdictional Competition, Doron Teichman

Law & Economics Working Papers Archive: 2003-2009

For the most part, the United States has a decentralized criminal justice system. State legislatures define the majority of crimes and set out the punishments for those crimes. In addition, the enforcement of criminal laws lies, in most cases, in the hands of local law enforcement agencies. This article points out how this decentralized structure drives local jurisdictions to harshen their criminal justice system in order to displace crime to neighboring jurisdictions. More precisely, local jurisdictions can attempt to displace crime in two distinct ways. First, they can raise the expected sanction to a level that is higher than that …


Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher Jan 2004

Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Alberta And Ontario: Civilizing The Money-Centered Model Of Crime Control, Michelle Gallant Dec 2003

Alberta And Ontario: Civilizing The Money-Centered Model Of Crime Control, Michelle Gallant

Michelle Gallant

An examination of contemporary crime management strategies reveals an emerging trend. With increasing frequency, reliance is placed on a money-centered model of control, a model that copes with crime by attacking its financial underpinnings, the money and the assets linked to the offences. A second trend occurs within the first, the diminution of criminal models in favor of civil legal models. In 2001, the provinces of Alberta and Ontario partook of this trend. Manitoba, in its own unique fashion, joined the movement in 2003.

The paper outlines the contours civil models, identifies the main themes of constitutional conflicts and locates …