The Criminal Consequences of Regulating Problematic Goods and Services

• In Event: Criminological Theory and Criminal Decision Making

Abstract

The regulation of dual markets, in which a licit and an illicit dimension might coexist, requires the balance of many factors such as personal freedom, health, economy, and crime. Political choices may be unwise when they lack a balanced rationality and pursue the control of potentially harmful goods and services while neglecting other social outcomes as the control of illicit markets. This study identifies the strengths and weaknesses of a variety of past and present policies on different markets whose regulation might cause the insurgence of crime (e.g., psychoactive substances, problematic services as gambling, sex trade, etc.). These policies span from liberal ones to prohibitionism and have been implemented on a variety of contexts around the world. The results underline that there is no a unique solution for every market and country. The regulators should balance different factors as the level of taxation, licenses and law enforcement priorities to maximize the utility of the society as a whole, minimizing the burden of crime. Moving from these findings, the study proposes a rational framework for the development of more balanced, effective, and efficient regulation of dual markets.

Authors

• Alberto Aziani, Università Cattolica - Transcrime

• Francesco Calderoni, Università Cattolica - Transcrime

• Ernesto Ugo Savona, Università Cattolica - Transcrime