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LEGITIMATION AND THE LIMITS OF THE CRIMINAL JUSTICE SYSTEM

NCJ Number
148338
Journal
European Journal on Criminal Policy and Research Volume: 1 Issue: 1 Pages: 9-26
Author(s)
M Joutsen
Date Published
Unknown
Length
18 pages
Annotation
The article analyzes whether criminal law is overused in the resolution of social problems.
Abstract
Public opinion and forces within the criminal justice system frequently call for increased police intervention. The urgency of this call should not be underestimated; however, at some point the cost of the intervention exceeds the cost of the damage it prevents. Three examples are used to demonstrate the high financial, individual, and social price of criminalization. First, the criminalization of narcotics carries an ever higher price tag, damages the self-image of drug users, and can lead to unfairly harsh sentences. Second, environmental criminal law is very expensive both to the criminal justice system and to the companies involved. In addition, it often apprehends smaller offenders, while major pollution sources go free. Third, long-term or life-long imprisonment, which has become the norm in many European countries, requires the maintenance of expensive prisons without significantly rehabilitating offenders or deterring future offenses. To avoid great strain on financial, moral, and social resources, European societies must strike a balance between the pressure to expand their criminal justice systems and the limitations of this process. 44 references

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