Punishing Organized Crime Leaders for the Crimes of their Subordinates

Criminal Law and Philosophy 4 (2):183-196 (2010)
Abstract
The intuition holding that an organized crime leader should be punished more severely than a subordinate who directly commits an offence is commonly reflected in legal literature. However, positing a direct relationship between the severity of punishment and the level of seniority within an organizational hierarchy represents a departure from a more general idea found in much of the substantive criminal law writings: that the severity of punishment increases the closer the proximity to the physical commission of the offence. This paper presents an analysis of the said intuition and attempts to ascertain its roots. Rejecting both retribution and deterrence theory as valid explanations, it will be inferred that the imposition of harsher punishment on organized crime leaders is properly based on the multiplicity of offences for which they are responsible, and not the nature of their involvement in any specific offence.
Keywords Organized crime  Criminal responsibility  Punishment  Retribution  Deterrence
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 10,350
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA
Peter Alldridge (1996). Dealing with Drug Dealing. In A. P. Simester & A. T. H. Smith (eds.), Harm and Culpability. Oxford University Press. 239.

View all 7 references

Citations of this work BETA
Similar books and articles
Yunus Tuncel (2008). Crime and Punishment. Proceedings of the Xxii World Congress of Philosophy 36:153-158.
Analytics

Monthly downloads

Added to index

2010-09-13

Total downloads

10 ( #141,834 of 1,096,714 )

Recent downloads (6 months)

1 ( #271,187 of 1,096,714 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.