Historique
Article de Périodique
What is a criminal organization and why does the law care? (2009)
Auteur(s) :
CURRY P. A. ;
MONGRAIN S.
Article en page(s) :
6-23
Domaine :
Drogues illicites / Illicit drugs
Langue(s) :
Anglais
Discipline :
MAR (Marchés / Markets)
Thésaurus mots-clés
ORGANISATION CRIMINELLE
;
LEGISLATION
;
ECONOMIE
;
CONDAMNATION
;
THEORIE
;
MARCHE DE LA DROGUE
Thésaurus géographique
CANADA
;
ETATS-UNIS
Résumé :
The Criminal Codes in both Canada and the United States allow for criminals to be penalized to a greater degree if they are a member of an organization. We draw on the economic theory of punishment, which states that expected penalty should be proportional to the social harm caused, to put a different perspective on such regulations. According to the economic theory, additional punishments are desirable if either: (1) the social harm from a criminal act is greater for a member of an organization than for an independent criminal; or (2) the probability of conviction is lower. We examine the extent to which both of these possibilities are true and use the findings to revisit the definition of a criminal organization. (Author' s abstract)
Affiliation :
Canada