Decriminalization
Encyclopedia
Decriminalization or Decriminalisation is the abolition of criminal
penalties
in relation to certain acts, perhaps retroactively, though perhaps regulated permits or fines might still apply (for contrast, see: Legalization
). The reverse process is criminalization
.
Decriminalization reflects changing social and moral
views. A society may come to the view that an act is not harmful, should no longer be criminalized, or is otherwise not a matter to be addressed by the criminal justice
system. Examples of subject matter which have been the subject of changing views on criminality over time in various societies and countries include:
While decriminalized acts are no longer crimes, they may still be the subject of penalties; for example a monetary fine in place of a criminal charge for the possession of a decriminalized drug. This should be contrasted with legalization
, which removes all or most legal detriments from a previously illegal act.
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
penalties
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
in relation to certain acts, perhaps retroactively, though perhaps regulated permits or fines might still apply (for contrast, see: Legalization
Legalization
Legalization is the process of removing a legal prohibition against something which is currently not legal.Legalization is a process often applied to what are regarded, by those working towards legalization, as victimless crimes, of which one example is the consumption of illegal drugs .Those...
). The reverse process is criminalization
Criminalization
Criminalization or criminalisation, in criminology, is "the process by which behaviors and individuals are transformed into crime and criminals". Previously legal acts may be transformed into crimes by legislation or judicial decision...
.
Decriminalization reflects changing social and moral
Moral
A moral is a message conveyed or a lesson to be learned from a story or event. The moral may be left to the hearer, reader or viewer to determine for themselves, or may be explicitly encapsulated in a maxim...
views. A society may come to the view that an act is not harmful, should no longer be criminalized, or is otherwise not a matter to be addressed by the criminal justice
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
system. Examples of subject matter which have been the subject of changing views on criminality over time in various societies and countries include:
- abortionAbortionAbortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
- breastfeeding in publicBreastfeeding in publicBreastfeeding in public deals with the social attitudes to nursing mothers breastfeeding their babies in a public or semi-public place and to laws which either deprive them of the right or which recognize their choice to do so....
- drug possessionDrug possessionDrug possession is the crime of having one or more illegal drugs in one's possession, either for personal use, distribution, sale or otherwise. Illegal drugs fall into different categories and sentences vary depending on the amount, type of drug, circumstances, and jurisdiction.A person has...
, and recreational drug useRecreational drug useRecreational drug use is the use of a drug, usually psychoactive, with the intention of creating or enhancing recreational experience. Such use is controversial, however, often being considered to be also drug abuse, and it is often illegal... - euthanasiaEuthanasiaEuthanasia refers to the practice of intentionally ending a life in order to relieve pain and suffering....
- homosexualityHomosexualityHomosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
- polygamyPolygamyPolygamy is a marriage which includes more than two partners...
- prostitutionProstitutionProstitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
- public nudityPublic nudityPublic nudity or nude in public refers to nudity not in an entirely private context. It refers to a person appearing nude in a public place or to be seen from a public place. It also includes nudity in a semi-public place, where the general public is free to enter, such as a shopping mall...
- steroid use in sportErgogenic use of anabolic steroidsSince their discovery, anabolic steroids have been widely used as an ergogenic aid to improve performance in sports, to improve one's physical appearance, as self-medication to recover from injury, and as an anti-aging aid....
While decriminalized acts are no longer crimes, they may still be the subject of penalties; for example a monetary fine in place of a criminal charge for the possession of a decriminalized drug. This should be contrasted with legalization
Legalization
Legalization is the process of removing a legal prohibition against something which is currently not legal.Legalization is a process often applied to what are regarded, by those working towards legalization, as victimless crimes, of which one example is the consumption of illegal drugs .Those...
, which removes all or most legal detriments from a previously illegal act.
Drug-use decriminalisation topics
- Cannabis rescheduling
- Decriminalization of non-medicinal marijuana in the United States
- Places that have decriminalized marijuana in the United States
- Legal history of marijuana in the United StatesLegal history of marijuana in the United StatesThe legal history of cannabis in the United States relates to the regulation of marijuana use for medical or recreational purposes in the United States. Regulations and restrictions on the sale of Cannabis sativa as a drug began as early as 1860...
- Legality of cannabis by country
- Legal and medical status of cannabisLegal and medical status of cannabisCannabis is in Schedule IV of the Single Convention on Narcotic Drugs, making it subject to special restrictions. Article 2 provides for the following, in reference to Schedule IV drugs:...
- Legality of cannabis
- Cannabis legalization in CanadaCannabis legalization in CanadaThe legal status of cannabis in Canada is under dispute. Superior and appellate courts in Ontario have repeatedly declared Canada's marijuana laws to be of no force and effect. However, challenges to marijuana laws at the federal level have not resulted in the deletion of the appropriate articles...
- Marijuana Policy ProjectMarijuana Policy ProjectThe Marijuana Policy Project, or MPP, is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff...
- Colorado Amendment 44 (2006)Colorado Amendment 44 (2006)Amendment 44 was a proposed amendment to the state statutes submitted for referendum in the 2006 general elections in the U.S. state of Colorado. The amendment proposed the legalization of the possession of one ounce or less of marijuana for any person twenty-one years of age and over, as long as...
- War on DrugsWar on DrugsThe War on Drugs is a campaign of prohibition and foreign military aid and military intervention being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade...
- Law Enforcement Against ProhibitionLaw Enforcement Against ProhibitionLaw Enforcement Against Prohibition is a non-profit, international, educational organization comprising former and current police officers, government agents and other law enforcement agents who oppose the current War on Drugs. LEAP was founded on March 16, 2002...
See also
- Timeline of LGBT historyTimeline of LGBT historyThe following is a timeline of lesbian, gay, bisexual, and transgender related history.-9660 to 5000 BC:* Mesolithic rock art in Sicily depicts phallic male figures in pairs that have been interpreted variously, including as depictions of homosexual intercourse.-7000 to 1700 BC:*Among the sexual...
- LegalizationLegalizationLegalization is the process of removing a legal prohibition against something which is currently not legal.Legalization is a process often applied to what are regarded, by those working towards legalization, as victimless crimes, of which one example is the consumption of illegal drugs .Those...
- Drug liberalizationDrug liberalizationDrug liberalization is the process of eliminating or reducing drug prohibition laws. Variations of drug liberalization include drug relegalization, drug legalization, and drug decriminalization -Policies:...
- Drug policy of the Soviet UnionDrug policy of the Soviet UnionThe drug policy of the Soviet Union changed little throughout the existence of the state, other than slowly becoming stricter, although some differences in penalties existed in the different Union Republics...
- LiberalizationLiberalizationIn general, liberalization refers to a relaxation of previous government restrictions, usually in areas of social or economic policy. In some contexts this process or concept is often, but not always, referred to as deregulation...
- ProhibitionProhibitionProhibition of alcohol, often referred to simply as prohibition, is the practice of prohibiting the manufacture, transportation, import, export, sale, and consumption of alcohol and alcoholic beverages. The term can also apply to the periods in the histories of the countries during which the...
- Public order crimePublic order crimeIn criminology, public-order crime is defined by Siegel as "...crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e. it is behaviour that has been labelled criminal because it is contrary to shared norms, social values, and...
- Victimless CrimeVictimless crime (political philosophy)A victimless crime is a term used to refer to actions that have been ruled illegal but do not directly violate or threaten the rights of another individual. It often involves consensual acts in which two or more persons agree to commit a criminal offence in which no other person is involved...
- Legal issues of anabolic steroids
- Sex trade (Canada)
- Sex workerSex workerA sex worker is a person who works in the sex industry. The term is usually used in reference to those in the sex industry that actually provide such sexual services, as opposed to management and staff of such industries...
- Sodomy lawSodomy lawA sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood by courts to include any sexual act deemed unnatural. It also has a range of similar euphemisms...
- Prostitution in Rhode IslandProstitution in Rhode IslandProstitution in Rhode Island was outlawed in 2009. On November 3, 2009, Governor Donald Carcieri signed into law a bill which makes the buying and selling of sexual services a crime....