Proofing Legislation Against Crime as Situational Prevention Measure

Savona, Ernesto Ugo

doi:10.1007/978-3-319-27793-6_16

Cited by 10 publications

(10 citation statements)

References 9 publications

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“…As already suggested in the literature, framing CPL within the SCP approach means it is not only possible to identify unintended criminal implications in existing legislation, but also to develop suggestions on how to mitigate it (Savona 2017): once we have identified specific criminogenic opportunities through CPL, we can use SCP as a reasoning tool to propose potential solutions. This study will 1) apply the CPL approach on the CITES regulatory framework to identify criminogenic aspects regarding the illegal trade in endangered plants, and 2) identify and discuss potential SCP measures to prevent and/or mitigate such illegal trade.…”

Section: Crime Proofing Of Legislation and Situational Crime Preventionmentioning

confidence: 99%

CITES, wild plants, and opportunities for crime

Lavorgna

Rutherford²,

Vaglica

et al. 2017

Eur J Crim Policy Res

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The illegal trade in endangered plants damages both the environment and local communities by threatening and destroying numerous species and important natural resources. There is very little research which systematically addresses this issue by identifying specific opportunities for crime. This article presents the results of an interdisciplinary study which brings together criminological and conservation science expertise to identify criminal opportunities in the illegal wild plant trade and suggest strategies in order to prevent and mitigate the problem. Methodologically, the study adapts a crime proofing of legislation approach to the UN Convention on the International Trade in Endangered Species of Wild Fauna and Flora and is based on documentary and interview data. Situational crime prevention is used as a framework to provide points for effective intervention.

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Section: Crime Proofing Of Legislation and Situational Crime Preventionmentioning

confidence: 99%

CITES, wild plants, and opportunities for crime

Lavorgna

Rutherford²,

Vaglica

et al. 2017

Eur J Crim Policy Res

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“…That some laws might inadvertently be criminogenic seems to be quite an established acquisition, at least in legal and criminological literature. An easy example is that of prohibitions on drugs and alcohol, which can lead to the development of new criminal enterprises to meet the demand for these goods [5] [10]. The first comprehensive and systematic study of the issue was conducted between 1999 and 2001 by several European scholars within a comparative research project funded by the EU and the Max Planck Institute for Foreign and International Criminal Law in Freiburg im Breisgau (Germany) aimed at answering the question of how and to what extent legislation might be shaped in order to maximise preventive effects [6].…”

Section: A Law As a Cause Of Systemic Corruption: A General Theoretimentioning

confidence: 99%

“…Incidentally, these three criminogenic patterns mirror the criminogenic factors addressed by situational crime prevention (opportunities, lesser efforts and risks, and rewards) [12] and, indeed, legislative crime proofing is considered a measure of situational prevention [10], as any other form of rule setting [13].…”

Section: Following These Outcomes In 2003 the European Commission Esmentioning

confidence: 99%

“…This solution would consist of a formal "legislative crime proofing" process, according to a sophisticated methodologyso called Crime Risk Assessment Mechanism (CRAM)gradually developed [21] [22] [23] [24] and tested in different areas generally related to financial crimes [7] [25]. The process consists of two phases: (a) assessment of the risk of unintended criminal implication/consequences that may be produced by legislation; (b) action to "close the loopholes" in the legislation [10]. This way, a clear distinction between the operations of risk assessment (a) and crime proofing strictly considered (b) is introduced.…”

Section: A the Crime Risk Assessment Mechanism (Cram) For Eumentioning

confidence: 99%

“…Is the market sector profitable for criminals? And so on and so forth [10] [23]. The next step would be an Extended Crime Risk Assessment (ECRA).…”

Section: A the Crime Risk Assessment Mechanism (Cram) For Eumentioning

confidence: 99%

See 2 more Smart Citations

Corruptio Legis: Law as a Cause of Systemic Corruption Comparative Perspectives and Remedies also for the Post-Brexit Commonwealth

Pasculli¹

2017

Annual International Conference on Law, Regulations and Public Policy (LRPP 2017)

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Law, as a set of sources including legislation, administrative regulations, custom, and judicial decisions, is one of the causes of systemic corruption, intended as the generalised practice of various forms of abuse of entrusted power for private gain as part of the culture and the institutional system of a country. This paper assesses the validity of the outcomes of the most significant research conducted in Europe on the unintended criminogenic effects of legislation and the viability of the mechanism of legislative crime proofing developed for EU law in the particular legal context of Commonwealth countries. The first objective is to offer some original theoretical perspectives and practical solutions, and, particularly, to develop a comprehensive, principled strategy capable of suiting the most disparate legal systems. A secondary objective of this paper is to stimulate further discussion and research on the crime and corruption risks of the law, as a necessary step towards the elimination of systemic corruption.

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Preventing Corruption Risk in Legislation: Russia

Kotchegura

Bartsits²

2022

Global Encyclopedia of Public Administration, Public Policy, and Governance

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Proofing Legislation Against Crime as Situational Prevention Measure

Cited by 10 publications

References 9 publications

CITES, wild plants, and opportunities for crime

CITES, wild plants, and opportunities for crime

Corruptio Legis: Law as a Cause of Systemic Corruption Comparative Perspectives and Remedies also for the Post-Brexit Commonwealth

Preventing Corruption Risk in Legislation: Russia

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