The Library
Exploring the function of criminal law in the policing of foreigners : the decision to prosecute immigration-related offences
Tools
Aliverti, Ana J. (2012) Exploring the function of criminal law in the policing of foreigners : the decision to prosecute immigration-related offences. Social & Legal Studies, Volume 21 (Number 4). pp. 511-527. doi:10.1177/0964663912455447 ISSN 0964-6639.
Research output not available from this repository.
Request-a-Copy directly from author or use local Library Get it For Me service.
Official URL: http://dx.doi.org/10.1177/0964663912455447
Abstract
This paper looks at the decision-making process in cases involving immigration-related crimes. Based on interviews with practitioners and immigration staff and the analysis of court-files, it disentangles the criteria guiding both enforcement officers and prosecutors in the decision to criminally proceed against suspected immigration offenders. The reasons behind the policy and practice of prosecuting immigration crimes show that criminal law is but one means to enforce immigration rules. The role that criminal law is called to play in this context is purely instrumental as the main consideration for pursuing a case is the impact that it may have on immigration enforcement. Criminal law is emptied of any condemnatory function and, as such, its primary function of censuring wrongs is disrupted. The examination of the decision-making process in these cases reveals how problematic it is to reconcile retribution and punishment with immigration imperatives.
Item Type: | Journal Article | ||||||
---|---|---|---|---|---|---|---|
Subjects: | K Law [Moys] > KM Common Law, Public Law | ||||||
Divisions: | Faculty of Social Sciences > School of Law | ||||||
Library of Congress Subject Headings (LCSH): | Emigration and immigration law, Immigrants, Criminal law, Detention of persons | ||||||
Journal or Publication Title: | Social & Legal Studies | ||||||
Publisher: | Sage Publications Ltd. | ||||||
ISSN: | 0964-6639 | ||||||
Official Date: | December 2012 | ||||||
Dates: |
|
||||||
Volume: | Volume 21 | ||||||
Number: | Number 4 | ||||||
Page Range: | pp. 511-527 | ||||||
DOI: | 10.1177/0964663912455447 | ||||||
Status: | Peer Reviewed | ||||||
Publication Status: | Published | ||||||
Access rights to Published version: | Restricted or Subscription Access |
Request changes or add full text files to a record
Repository staff actions (login required)
View Item |