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82 J. Crim. L. & Criminology 1054 (1991-1992)
Environmental Crime and Punishment: Legal/Economic Theory and Empirical Evidence on Enforcement of Federal Environmental Statutes

handle is hein.journals/jclc82 and id is 1066 raw text is: 0091-4169/92/8204-1054 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 82, No. 4 Copyright @ 1992 by Northwestern University, School of Law Printed in U.S.A. CRIMINAL LAW ENVIRONMENTAL CRIME AND PUNISHMENT: LEGAL/ECONOMIC THEORY AND EMPIRICAL EVIDENCE ON ENFORCEMENT OF FEDERAL ENVIRONMENTAL STATUTES* MARK A. COHEN** TABLE OF CONTENTS I. INTRODUCTION ..................................... 1056 II. THEORIES OF CRIMINAL ENFORCEMENT ......... 1057 A. Legal Theories .................................... 1058 B. Economic Theories ................................ 1061 1. The Purpose of the Criminal Law .............. 1061 2. The Basic Optimal Penalty Model ............ 1063 3. Optimal Penalties with Moral Hazard . ...... 1064 C. Sum m ary .......................................... 1066 III. CRIMINAL LIABILITY FOR ENVIRONMENTAL O FFENSES ............................................ 1066 * Earlier versions of this paper were presented at a workshop on environmental law, sponsored by the Marine Policy Center at Woods Hole Oceanographic Institution, April 19-21, 1991, and at a panel on The Economics of Enforcement, at the American Law and Economics Association Annual Meetings, May 24-25, 1991. A shorter version of that earlier paper is forthcoming, entitled Criminal Penalties in INNOVATIONS IN ENVIRONMENTAL LAw, (Tom Tietenberg, ed., 1992). Support for this research is gratefully acknowledged from the Dean's Fund for Summer Research, Owen Graduate School of Management, Vanderbilt University. I would also like to thank Professors William M. Landes, A. Mitchell Polinsky, Pat Rettew, Christopher D. Stone and Tom Tietenberg for several useful comments received on earlier drafts. ** Associate Professor of Management, Owen Graduate School of Management, Van- derbilt University. 1054

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