Criminal Justice

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One or more presenters to be selected from Call for Papers.

Possessory offenses are a generally overlooked and undertheorized area of criminal law. Yet they are indisputably important. The control of firearms is among the most controversial issues of the day. The (attempted) control of narcotics has resulted in mass incarceration. The control of child pornography is regarded by many as key in the battle against child sexual abuse. Criminalizing possession plays a critical role in the legal regimes for controlling guns, drugs and child pornography.

Yet possessory offenses are inherently problematic. Possession, of course, is neither wrongful nor harmful per se, and (explosives aside) is rarely regarded as even risky. Along with attempts and conspiracy, possessory offenses are generally classified as inchoate crimes. Unlike attempts and conspiracy, however, possessory liability can be established without proof of a morally blameworthy state of mind. Relatedly, the causal connection between possession and the social harm associated with the offense is often highly attenuated. As a consequence, possessory offenses by their nature raise serious questions of overbreadth and overcriminalization.

The panel explores overbreadth and overcriminalization of possessory offenses in the context of guns, drugs, and child pornography. It is anticipated that each area will raise distinct practical, political and theoretical issues.