NCJ Number
61300
Date Published
Unknown
Length
12 pages
Annotation
OVERCRIMINALIZATION IN THE AREAS OF PRIVATE MORALITY, SOCIOECONOMIC FAILURES, AND OFFENSIVE PUBLIC BEHAVIOR IS DISCUSSED.
Abstract
AMERICAN CRIMINAL LAW HAS EXTENDED THE CRIMINAL SANCTION WELL BEYOND FUNDAMENTAL OFFENSES ENTAILING SUBSTANTIAL HARM TO PERSONS, PROPERTY, AND THE STATE TO INCLUDE BEHAVIOR ABOUT WHICH THERE IS NO GENERAL MORAL CONSENSUS AND WHICH POSES NO SUBSTANTIAL THREAT TO PHYSICAL LIFE OR PROPERTY. IN SUCH CASES, LAW ENFORCEMENT CAN BECOME HYPOCRITICAL, DISCRIMINATORY, COSTLY, AND CAN CONTRIBUTE TO THE DETERIORATION AND SOCIEOECONOMIC ALIENATION OF MANY CITIZENS. OVERCRIMINALIZATION OFTEN INVOLVES LAWS PROHIBITING EXTRAMARITAL AND ABNORMAL SEXUAL INTERCOURSE OR SEXUAL BEHAVIOR, ABORTION, GAMBLING, AND THE USE OF NARCOTICS. WHILE THE EFFECTS OF CRIMINALIZING BEHAVIOR IN EACH OF THESE AREAS MUST BE EXAMINED SEPARATELY, THE INTENT OF CRIMINALIZATION IN THESE AREAS IS GENERALLY TO FORMALIZE A DOMINANT MORAL VIEW AND PROVIDE OFFICIAL PUNITIVE MEASURES FOR THOSE WHO DEVIATE FROM IT. IN SOME CASES, REGULATION OR LIMITED CRIMINALIZATION MAY BE REQUIRED. THE CRIMINALIZATION OF PUBLIC DRUNKENNESS, THE WRITING OF A BAD CHECK, AND FAMILY NONSUPPORT ARE BEHAVIORS THAT SHOULD BE HANDLED PRINCIPALLY BY SOCIAL SERVICE AGENCIES OR CIVIL AGENCIES GEARED TO DEAL WITH SUCH PROBLEMS. A ROLLBACK OF LAWS THAT OVERCRIMINALIZE IS A LONG AND TEDIOUS PROCESS WHICH COULD BE AIDED BY RESEARCH INTO THE SOCIOECONOMIC AND POLITICAL DYNAMICS THAT HAVE CREATED PARTICULAR LAWS THAT OVERCRIMINALIZE. (RCB)