CRIMINALIZING CHINA.
The Department of Justice launched the China Initiative in November 2018 to counter national security threats emanating from the People's Republic of China (PRC). By June 2020, the Federal Bureau of Investigation had approximately two thousand active investigations under the Initiative. People and e...
| Published in: | Journal of Criminal Law & Criminology Vol. 111; no. 1; pp. 145 - 226 |
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| Format: | Article |
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Northwestern University
Spring2021
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| Online Access: | View this record in EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=ssf&AN=149723422&site=ehost-live header: @attributes: shortDbName: ssf uiTerm: 149723422 longDbName: Social Sciences Full Text (H.W. Wilson) uiTag: AN controlInfo: bkinfo: jinfo: jid: 00914169 CLC jtl: Journal of Criminal Law & Criminology issn: 00914169 maglogo: N pubinfo: dt: Spring2021 vid: 111 iid: 1 pid: 1093 pub: Northwestern University artinfo: ui: 149723422 ppf: 145 ppct: 81 formats: fmt: @attributes: type: P size: 8.7MB tig: atl: CRIMINALIZING CHINA. aug: au: LEWIS, MARGARET K. affil: Professor of Law, Seton Hall University su: United States United States. Dept. of Justice United States. Federal Bureau of Investigation National security Criminal justice system China-United States relations sug: subj: National security Criminal justice system United States United States. Dept. of Justice United States. Federal Bureau of Investigation Other Justice, Public Order, and Safety Activities National Security Police Protection China-United States relations ab: The Department of Justice launched the China Initiative in November 2018 to counter national security threats emanating from the People's Republic of China (PRC). By June 2020, the Federal Bureau of Investigation had approximately two thousand active investigations under the Initiative. People and entities with connections to the PRC's governing party-state structure have engaged in trade secret theft and other crimes under U.S. law. The Department of Justice is not making up a threat. It is, however, framing that threat in a problematic way. This Article argues that using "China" as the glue connecting cases prosecuted under the Initiative's umbrella creates an overinclusive conception of the threat and attaches a criminal taint to entities that possess "China-ness," based on PRC nationality, PRC national origin, Chinese ethnicity, or other expressions of connections with "China." The Article further contends that, when assessed in light of the goals of deterrence, incapacitation, rehabilitation, and retribution, it is worrisome that the prosecution and punishment of people and entities rests in part on a connection with "China." A better path is to discard the "China Initiative" framing, focus on cases' individual characteristics, and enhance the Department of Justice's interactions with nongovernmental experts. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: N holdings: @attributes: islocal: N |
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