Abstract

http://ssrn.com/abstract=310840
 
 

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Policing Possession: The War on Crime and the End of Criminal Law


Markus D. Dubber


University of Toronto - Faculty of Law


Journal of Criminal Law & Criminology, Vol. 91, No. 829, 2002

Abstract:     
The war on crime has been the dominant ideology of American criminal law for the past three decades. This paper examines the inner workings of this remarkably successful, yet still little understood, strategy of social control. Particular attention is paid to the role of victimless crimes, and possession in particular, as sweep offenses to incapacitate dangerous undesirables. Easy to detect and to prove, yet far more potent and less vulnerable to constitutional scrutiny, possession emerges as the new and improved vagrancy, a modern policing tool for a modern police regime, the war on victimless crime.

Number of Pages in PDF File: 151

Keywords: criminal law, criminal process, police power, possession, war on crime

JEL Classification: K14, K30

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Date posted: April 13, 2004  

Suggested Citation

Dubber, Markus D., Policing Possession: The War on Crime and the End of Criminal Law. Journal of Criminal Law & Criminology, Vol. 91, No. 829, 2002. Available at SSRN: http://ssrn.com/abstract=310840

Contact Information

Markus D. Dubber (Contact Author)
University of Toronto - Faculty of Law ( email )
78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

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