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Legislation and Unintended Consequences for Crime

NCJ Number
218506
Journal
European Journal on Criminal Policy and Research Volume: 12 Issue: 3-4 Dated: 2006 Pages: 189-211
Author(s)
Russell Morgan; Ronald V. Clarke
Date Published
2006
Length
23 pages
Annotation
This article presents the results of a review focused on identifying regulations in proposed legislation that might contribute to crime.
Abstract
Results indicated that crimes involving fraud, corruption, illegal trade, or the environment would be more likely to occur when proposed legislative regulations: (1) introduce product disposal requirements or any new or burdensome fee or obligation; (2) introduce a concession on a tax or a concession on any other fee or obligation; (3) introduce a grant, subsidy, or compensation scheme; (4) introduce or increase the tax on legal goods or otherwise increase the costs of legal goods; (5) prohibit or restrict a demanded product or service or otherwise decrease the availability of demanded goods or services; (6) introduce or remove a law enforcement capacity, increase or decrease funding for enforcement activity, or otherwise impact the intensity of law enforcement activity; and (7) provide officials with regulatory power. These findings were arrived at following a literature review that sought to identify a set of legislative crime risk indicators for the European Union Crime Proofing Steering Group. The research involved reviewing summaries of 24 new legislative proposals to identify regulations that may unintentionally contribute to fraud, corruption, illegal trade, or environmental crime. Searches were conducted using the Internet, social science and legal bibliographic databases, and newspapers. Most case study materials were obtained using Crime Justice Abstracts and the Internet. Seven groups of regulations were identified and analyzed: product disposal regulations, taxation, tax concessions, prohibition, law enforcement, subsidy grant and compensation schemes, and empowering regulations. Appendix, references

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