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What is a criminal organization and why does the law care?

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  • Philip A. Curry
  • Steeve Mongrain

Abstract

The Criminal Codes in both Canada and the United States allow for criminals to be penalized to a greater degree if they are a member of an organization. We draw on the economic theory of punishment, which states that expected penalty should be proportional to the social harm caused, to put a different perspective on such regulations. According to the economic theory, additional punishments are desirable if either: (1) the social harm from a criminal act is greater for a member of an organization than for an independent criminal; or (2) the probability of conviction is lower. We examine the extent to which both of these possibilities are true and use the findings to revisit the definition of a criminal organization.

Suggested Citation

  • Philip A. Curry & Steeve Mongrain, 2009. "What is a criminal organization and why does the law care?," Global Crime, Taylor & Francis Journals, vol. 10(1-2), pages 6-23, February.
    • Handle: RePEc:taf:fglcxx:v:10:y:2009:i:1-2:p:6-23
    DOI: 10.1080/17440570902782402
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