Proxy Crimes and Overcriminalization
نویسندگان
چکیده
A solution to the problem of “overcriminalization” appears be decriminalization certain crimes. This Essay focuses on a group crimes that has been labeled “proxy crimes” as candidate eliminated. What are proxy crimes? Douglas Husak defines them “offenses designed achieve purpose other than prevent conduct they explicitly proscribe.” Michael Moore describes involving situations where we “use one morally innocuous act for another, wrongful or mental state.” Put way, seem highly problematic, and Larry Alexander Kimberly Ferzan bluntly put it, “We reject crimes.” asks whether should by presenting evaluating Ferzan’s treatment subject. After describing several different types may characterized rejection most their arguments doing so, this argues is incomplete, which leaves theory open range possibilities regarding proper place in criminal law. concludes getting handle overcriminalization requires state an articulation relationship between its citizens can give guidance when demand obedience from support failures comply with such demands render criminally culpable. Without theory, proposals address cannot travel very far.
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ژورنال
عنوان ژورنال: Criminal Law and Philosophy
سال: 2021
ISSN: ['1871-9791', '1871-9805']
DOI: https://doi.org/10.1007/s11572-021-09575-8