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The wrongs of unlawful immigration

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Aliverti, Ana J. (2017) The wrongs of unlawful immigration. Criminal Law and Philosophy, 11 (2). pp. 375-391. doi:10.1007/s11572-015-9377-y ISSN 1871-9791.

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Official URL: http://dx.doi.org/10.1007/s11572-015-9377-y

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Abstract

For too long, criminal law scholars overlooked immigration-based offences. Claims that these offences are not ‘true crimes’ or are a ‘mere camouflage’ to pursue non- criminal law aims deflect attention from questions concerning the limits of criminalization and leave unchallenged contradictions at the heart of criminal law theory. My purpose in this paper is to examine these offences through some of the basic tenets of criminal law. I argue that the predominant forms of liability for the most often used immigration offences are, at least in principle, controversial and depart from what is often presented as the paradigm in criminal law. Above all, immigration offences are objectionable because they fall short in fulfilling the harm principle and, given that criminal punishment as used against immigration offenders is often a secondary, ancillary sanction to deportation, they license excessive imposition of pain.

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, Criminal justice, Administration of, Criminal law, Immigration enforcement, Immigrants
Journal or Publication Title: Criminal Law and Philosophy
Publisher: Springer Verlag
ISSN: 1871-9791
Official Date: June 2017
Dates:
DateEvent
June 2017Published
12 July 2015Available
7 July 2015Accepted
Volume: 11
Number: 2
Page Range: pp. 375-391
DOI: 10.1007/s11572-015-9377-y
Status: Peer Reviewed
Publication Status: Published
Access rights to Published version: Restricted or Subscription Access
Date of first compliant deposit: 28 July 2016
Date of first compliant Open Access: 28 July 2016

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