LEGALIZATION OF DEVIANCE

• NCJ Number: 50792
• Journal: Criminology Volume: 16 Issue: 2 Dated: (AUGUST 1978) Pages: 193-208
• Author(s): J H SKOLNICK; J DOMBRINK
• Date Published: 1978
• Length: 16 pages
• Grant Number(s): SOC 74-13683
• Sponsoring Agency: National Science Foundation
• Corporate Author: Sage Publications, Inc; American Soc of Criminology
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE IMPLICATIONS OF DECRIMINALIZING MANY FORMS OF VICTIMLESS CRIME ARE DISCUSSED, AND SEVERAL MODELS FOR DECRIMINALIZATION ARE CONSIDERED.

Abstract

THERE IS A TREND IN AMERICAN PUBLIC POLICY AND LAW TOWARDS LEGALIZING MANY VICTIMLESS CRIMES SUCH AS MARIHUANA USE, CERTAIN SEXUAL BEHAVIOR, GAMBLING, AND PORNOGRAPHY. DECRIMINALIZATION OF THIS BEHAVIOR WOULD NECESSITATE ITS REGULATION, AND THE TRANSFORMATION OF THESE ILLEGAL CRIMINAL ACTIVITIES TO LEGAL ACTIVITIES WOULD RESULT IN A JUXTAPOSITION OF INTERESTS ON THE PART OF MANY POLITICIANS OR PERSONS DEALING IN ILLICIT GOODS AND SERVICES. SIX MODELS FOR DECRIMINALIZATION ARE CONSIDERED INCLUDING COMPLETE NULLIFICATION OF A LAW OR LICENSING OF FORMS OF BEHAVIOR. A COMMODITY MODEL WOULD TREAT A SUBSTANCE, SUCH AS MARIHUANA, LIKE A PLANT AND WOULD REQUIRE GUARANTEES OF QUALITY AND PURITY FOR ITS SALE. A COMMERCIAL SERVICE MODEL MIGHT REGULATE DECRIMINALIZED ACTIVITIES AS OTHER COMMERCIAL BUSINESSES ARE REGULATED. UNDER A VICE MODEL, GAMBLING OR MARIHUANA USE COULD BE LEGALIZED, BUT THE SALE AND MANUFACTURE COULD CARRY HEAVY PENALTIES, AND A MEDICAL MODEL WOULD REQUIRE A DOCTORS' PRESCRIPTION FOR PURCHASE OF MARIHUANA, COCAINE, AND HEROIN. COLLATERAL PROBLEMS OF LEGALIZATION THAT WOULD ARISE FROM DECRIMINALIZATION OF THESE VICTIMLESS CRIMES ARE DISCUSSED. BIBLIOGRAPHIC REFERENCES ARE PROVIDED. (DAG)