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Expanding the Arsenal for Sentencing Environmental Crimes: Would Therapeutic Jurisprudence and Restorative Justice Work?

Boyd, Carrie C.
June 4, 2015

Source: (2008) William and Mary Environmental Law and Policy Review 32:483ff

“As this Note will suggest, therapeutic jurisprudence-specifically, problem-solving courts-and restorative justice practices may offer unique and unconsidered strategies for sentencing environmental crimes. … Part II will explain the requirements and penalties within some important United States environmental statutes, and will outline the specifics of the United States Sentencing Guidelines for environmental statute violators, including corporations. … “Absent ade-quate civil sanctions” for environmental criminals who cause injury to human and environmental health, “polluters have little to no incen tive to modify their environmentally harmful conduct.” … “Mandatory minimum sentences, including harsh recidivist laws” for repeat offenders, are used as punishment for many traditional crimes unrelated to environ-mental violations. … Many reasons to favor alternative sentences for environmental crimes that do not include prison or fines exist. … This may be because monitoring has become stricter and more environmental crimes are being discov-ered, or because statutory sanctions are not properly handling the root causes of why corporations and individuals vio-late environmental laws.” (Excerpt from Author)


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