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Decriminalization
The Merriam-Webster Dictionary defines decriminalization generally as the process of removing or reducing the criminal classification or status of something and more specifically as repealing a strict ban on something while retaining some form of regulation. While many view decriminalization as legalizing a particular criminal act, in most cases it does not do so. As the definition above indicates, decriminalizing a behavior often involves reducing the seriousness assigned to the level of the behavior (e.g., reducing a Felony A offense to a Felony C offense) or getting rid of a total prohibition on something while leaving in place certain kinds of restrictions or regulations, as in the case of alcohol and Prohibition. Clearly, an important aspect of decriminalization is the resulting reduction in punishment and penalties that accompany any removal or reduction of the criminal status of an activity (e.g., jail/prison time as a potential punishment may, in some cases, become a fine or other lesser sanction). To be sure, in the United States (as in some other countries), the issue of decriminalization is virtually synonymous with discussion and debate surrounding drug use and possession, specifically the use and possession of marijuana. However, discussions of decriminalization (and full legalization) extend to many more behaviors than drug use and drug possession.
Foundations of Criminalizing (Versus Decriminalizing) Certain Behaviors
There are a variety of reasons given by lawmakers, scholars, and policy analysts for why certain behaviors and activities are deemed illegal. A number of perspectives are particularly relevant in discussions of criminalization versus decriminalization, including (1) preventing harm from coming to others; (2) preventing offensive/immoral behaviors; (3) preventing harm to one's self (i.e., legal paternalism); and (4) preventing harm to societal morals (i.e., legal moralism). These frameworks provide the foundation and justification for classifying certain kinds of behaviors—many of which may also be defined as individual choice—as illegal.
A variety of behaviors currently defined as criminal may fall under the broad umbrella of public morality/moral offenses, also referred to as offenses against the public order. Many but not all of these offenses may also be considered victimless crimes as they typically involve only consenting adults (e.g., drug use, prostitution). Certainly then, ethical and moral considerations are critical, and often controversial, factors in defining as illegal behaviors and activities such as these—as opposed to behaviors such as murder, robbery, kidnapping, and rape for which there appears to be much clearer consensus regarding the harm and criminality of these behaviors. Moreover, issues of personal choice and privacy surround many common behaviors (e.g., drug use, prostitution, sexting, public drunkenness, gambling). Designating behaviors as deviant or immoral and then using this designation to criminalize said behaviors poses ethical dilemmas for lawmakers and law enforcers.
Offenses Under Discussion for Decriminalization
Much of the discussion and debate on decriminalization surrounds drug use and possession of small amounts of a drug, particularly marijuana. For each article or report published on the issue of decriminalizing a nondrug-related crime, there are many more focused solely on the decriminalization of marijuana. The debate surrounding the decriminalization of drugs is primarily focused on personal use and small amounts of possession for personal use. There is not widespread support for decriminalizing the growing, manufacturing, selling, and/or distributing of large amounts of any drug.
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- Correctional Ethics
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