Criminalizing Organizations: Towards Deliberative Lawmaking

Abstract

With threats from diverse criminal organizations on the increase and current state approaches being of variable effectiveness, legislatures now need to take a more systematic and deliberative approach to framing policy and legal responses to criminal groups. This article proposes a typology of legislative approaches to the whole spectrum of criminal groups that would facilitate a more holistic assessment of what to do about gangs, organized crime, and terrorist groups. It clarifies the advantages and disadvantages of different legal approaches and paves the way for further research on more nuanced and effective laws on criminal organizations for the future.