Criminal Law and Philosophy 6 (2):207-225 (2012)
|Abstract||Criminal law doctrine fails to provide an adequate solution for imputing responsibility to organized crime leaders for the offenses committed by their subordinates. This undesirable state of affairs is made possible because criminal organizations adopt complex organizational structures that leave their superiors beyond the reach of the law. These structures are characterized by features such as the isolation of the leadership from junior ranks, decentralized management, and mechanisms encouraging initiative from below. They are found in criminal organizations such as the American Mafia, the Japanese Yakuza, and even outlaw motorcycle gangs. The paper offers a doctrine that may transcend this shortcoming. Referred to as “leaders’ liability,” this doctrine will be assessed and appraised through a comparison with competing theories such as accomplice liability, Organisationsherrschaft , and conspiracy.|
|Keywords||No keywords specified (fix it)|
|Through your library||Configure|
Similar books and articles
Shachar Eldar (2010). Punishing Organized Crime Leaders for the Crimes of Their Subordinates. Criminal Law and Philosophy 4 (2):183-196.
Massimo Renzo (2010). A Criticism of the International Harm Principle. Criminal Law and Philosophy 4 (3):267-282.
Shachar Eldar (forthcoming). Indirect Co-Perpetration. Criminal Law and Philosophy:1-13.
Michael W. Grojean, Christian J. Resick, Marcus W. Dickson & D. Brent Smith (2004). Leaders, Values, and Organizational Climate: Examining Leadership Strategies for Establishing an Organizational Climate Regarding Ethics. Journal of Business Ethics 55 (3):223 - 241.
Charles P. Nemeth (2008). Aquinas on Crime. St. Augustine's Press.
D. Jordan Lowe & Philip M. J. Reckers (2012). An Examination of the Contribution of Dispositional Affect on Ethical Lapses. Journal of Business Ethics 111 (2):179-193.
Antony Duff (2007). Answering for Crime: Responsibility and Liability in the Criminal Law. Hart Pub..
Jorge A. F. Godinho, On the Punishability of the Perpetrator of a Crime for the Laundering of the Respective Proceeds (Sobre a Punibilidade Do Autor de Um Crime Pelo Branqueamento Das Vantagens Dele Resultantes).
Mohamad Al-Hakim (2010). Making Room for Hate Crime Legislation in Liberal Societies. Criminal Law and Philosophy 4 (3):341-358.
Larry Alexander (2009). Crime and Culpability: A Theory of Criminal Law. Cambridge University Press.
Roger A. Shiner (2009). Theorizing Criminal Law Reform. Criminal Law and Philosophy 3 (2):167-186.
Christopher Kutz (2007). Causeless Complicity. Criminal Law and Philosophy 1 (3):289-305.
Added to index2012-02-11
Total downloads12 ( #93,300 of 549,007 )
Recent downloads (6 months)3 ( #25,706 of 549,007 )
How can I increase my downloads?