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NCJRS Abstract

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NCJ Number: 168350 Find in a Library
Title: Criminal Justice Systems Facing the Challenge of Organized Crime: Section I, General Part
Journal: International Review of Penal Law  Dated:(3rd and 4th Trimesters 1996)  Pages:555-561
Author(s): T Weigend
Date Published: 1996
Page Count: 7
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: France
Annotation: Organized crime and other group crimes are examined with respect to the theoretical and practical legal issues they raise related to the allocation of individual criminal responsibility, the appropriateness of punishing an organization for the wrongdoing of its leaders or members, and the nature of adequate and effective penalties.
Abstract: Collective wrongdoing takes two forms: wrongdoing by organizations with exclusively or predominantly criminal objectives and occasional offenses such as environmental offenses or unfair trade practices by legitimate organizations. Several characteristics of groups and organizations make it difficult to attribute individual responsibility for criminal wrongdoing. The main doctrinal tools for addressing an organized lack of responsibility are broad definitions of perpetration, criminal liability for omissions, accessorial liability, and liability for conspiracy. In addition, many legal systems have defined belonging to a criminal gang or group as a per se offense, independent of any offense committed to further the group's objectives. Among issues related to sanctions are whether sanctions should differ in kind from those imposed on individuals, whether civil sanctions should be used instead of or in addition to criminal sanctions, and who or what entity should incur the sanctions. Finally, further discussions and the experience of many legal systems will help determine whether the criminal law can or must respond to organized crime by establishing a special set of prohibitions and sanctions.
Main Term(s): Criminology
Index Term(s): Corporate crimes; Criminal responsibility; Organized crime
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