Deterring Environmental Crime through Flexible Sentencing: A Proposal for the New Organizational Environmental Sentencing Guidelines

1996 ◽  
Vol 84 (2) ◽  
pp. 307 ◽  
Author(s):  
Jason M. Lemkin
Keyword(s):  
Environmental Crime ◽  
Sentencing Guidelines

scholarly journals Doing Justice to the Environment

2013 ◽  
Vol 77 (3) ◽  
pp. 215-230
Author(s):  
Julie Adshead
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Environmental Crime ◽  
Sentencing Guidelines ◽  
Due Diligence ◽  
Low Level ◽  
Recent Introduction ◽  
Characteristic Features ◽  
Environmental Crimes

This article examines some of the characteristic features of environmental offences, in particular the ways in which these offences and their treatment in the courts deviate from general principles of criminal law. Despite the fact that environmental offences are often labelled as ‘quasi-criminal’, there has been long-standing criticism of penalties, particularly the low level of fines in magistrates' courts. The article also considers the possible reasons behind this and argues that, as well as the inexperience of lay magistrates, the perception of environmental crime, fuelled by the strict liability nature of most environmental offences, is a significant factor. The recent introduction of civil sanctions is evaluated along with recommendations for new sentencing powers and sentencing guidelines. The article concludes by considering further suggestions for more effective enforcement of environmental crime in the courts, including the introduction of specialist magistrates' courts and the use of more fault-based offences or a general defence of due diligence for environmental crimes.

8. Environmental crime and enforcement

2017 ◽  
Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes
Keyword(s):  
Environmental Regulation ◽  
Environmental Law ◽  
Strict Liability ◽  
Environmental Crime ◽  
Regulatory Agencies ◽  
Sentencing Guidelines ◽  
England And Wales ◽  
Basic Framework ◽  
Definition Of ◽  
Environmental Crimes

This chapter is concerned with environmental crime and the enforcement of environmental law. It starts with some consideration of the difficult definition of ‘environmental crime’, including the distinction between moral and legal meanings of the term. Some of the basic framework of environmental crime, which helps to explain several of the approaches to the enforcement of environmental regulation, is then considered. For example, the fact that many environmental crimes are strict liability offences explains why the rate of successful prosecutions is high, but may also provide an explanation as to why some consider the sanctions that are imposed by the courts to be too low. A large part of the chapter is dedicated to a discussion of the enforcement practices adopted by regulatory agencies in England and Wales, including discussion of the use of civil sanctions instead of prosecutions and the recently enacted sentencing guidelines for environmental offences.

Departures: Model Sentencing Guidelines §5.1

2006 ◽  
Vol 18 (5) ◽  
pp. 380-382 ◽  
Author(s):  
Frank O. Bowman
Keyword(s):  
Sentencing Guidelines
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