Journal of Environmental Law & Litigation : Vol. 25, No. 2, p. 511-558 : Polluters as Perpetrators of Person Crimes: Charging Homicide, Assault, and Reckless Endangerment in the Face of Environmental Crime

Show simple item record

dc.contributor.author Gibson, Sarah
dc.date.accessioned 2011-04-13T21:40:56Z
dc.date.available 2011-04-13T21:40:56Z
dc.date.issued 2010
dc.identifier.citation 25 J. ENVTL. L. & LITIG. 511 (2010) en_US
dc.identifier.issn 1049-0280
dc.identifier.uri http://hdl.handle.net/1794/11085
dc.description 48 p. en_US
dc.description.abstract This Article presents the theory that when victims of environmental crimes sustain serious bodily injury or death, state-level prosecutors may often charge the perpetrator with a traditional person crime alongside, or instead of, violations of environmental statutes. In order to show the efficacy of such a course of action, it is necessary to look at fact patterns of pollution that may cause serious bodily injury or death, and determine how state environmental and person crime statutes can deal with defendants in such situations. Assuming prosecutors are able to charge polluters with person crimes under their state laws, there are also some practical and jurisprudential issues to consider when deciding how to charge the crime. Part I of the Article suggests that certain serious bodily injuries or death can be caused by chronic, catastrophic, or unregulated polluting actions. Part II discusses the act and mental state elements of the various environmental crimes in New York, Oregon, and Florida that can deal with these serious cases of pollution, and Part III does the same for traditional person crimes. Part IV presents the issues of statutory analysis and discretion involved when a prosecutor determines whether to charge a polluter whose actions cause serious bodily injury or death with an environmental crime, a person crime, or both. en_US
dc.language.iso en_US en_US
dc.publisher University of Oregon School of Law en_US
dc.subject Pollution -- Law and legislation -- United States
dc.title Journal of Environmental Law & Litigation : Vol. 25, No. 2, p. 511-558 : Polluters as Perpetrators of Person Crimes: Charging Homicide, Assault, and Reckless Endangerment in the Face of Environmental Crime en_US
dc.title.alternative Polluters as Perpetrators of Person Crimes: Charging Homicide, Assault, and Reckless Endangerment in the Face of Environmental Crime en_US
dc.type Article en_US


Files in this item

Files Size Format View
Gibson.pdf 191.2Kb PDF View/Open

This item appears in the following Collection(s)

Show simple item record