This Doctoral Dissertation Improvement research examines the use of criminal enforcement proceedings that are used to deter and punish environmental crimes and the criminal justice system practice in prosecuting and sanctioning individuals and firms for these crimes. Very little research has been done on the criminal justice system's role in environmental enforcement. This study (1) will shed light on whether criminal provisions presently available allow the federal government to obtain convictions of, and certain sanctions against, particular types of firms or individuals, (2) help to determine whether or not the federal government's actions are consistent with its policy statements regarding the exercise of investigative and enforcement discretion, and (3) enhance our understanding of the degree to which federal judges follow Congress' direction to treat economic and street crimes alike during sentencing.
Lists of environmental criminal prosecutions, civil judicial actions, and EPA administrative actions that were initiated from 1990-97 will be assembled. A sample of cases will be drawn from each list and relevant documents copied for each sampled case. A database containing pertinent information (e.g., prior history, violation type, and sentence imposed) and firm size will be compiled on each case. This data will be used to construct models of criminal conviction and sanctioning of individuals and firms. Civil judicial and administrative cases will also be added to this database so those models of firms who have fallen outside the criminal justice system can also be constructed.
