CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, November 18, 2021

Koh on The Criminalization of Foreign Relations

Steven Arrigg Koh (Boston College Law School) has posted The Criminalization of Foreign Relations (Fordham Law Review, Vol. 90, 2021) on SSRN. Here is the abstract:
Overcriminalization has rightly generated national condemnation among policymakers, scholars, and practitioners alike. And yet, such scholarship often assumes that the encroachment of criminal justice stops at our borders. This Article argues that our foreign relations are also at risk of overcriminalization due to overzealous prosecution, overreaching legislation, and presidential politicization—and that this may be particularly problematic when U.S. criminal justice supplants certain nonpenal U.S. foreign policies abroad. This Article proposes three key reforms— presidential distancing, prosecutorial integration, and legislative de-escalation—to assure a principled place for criminal justice in foreign relations.

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