Crimes and Security
University of Warwick - School of Law
Modern Law Review, Vol. 71, Issue 6, pp. 940-970, November 2008
This essay considers the role that the value of security might play in criminalisation. While endorsing security as a legitimate rationale for the creation of a criminal offence, it examines some existing offences that are created or structured in a particular way for security reasons. This is done through a two-stage analysis. Stage one considers the consequences of adopting an offence or offence definition if it was interpreted ideally and complied with perfectly. Stage two considers how we can expect the offences to operate in the real world given imperfect compliance and non-ideal interpretation.
Number of Pages in PDF File: 31Accepted Paper Series
Date posted: November 3, 2008
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