PROBLEM OF 'OVERCRIMINALIZATION' (FROM CRIMINAL JUSTICE LAW AND POLITICS, 1972, BY G F COLE - SEE NCJ-25794)

• NCJ Number: 25815
• Author(s): ANON
• Date Published: 1972
• Length: 16 pages
• Corporate Author: National Commission on the Causes & Prevention of Violence; Wadsworth Publishing Co
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE EFFECTS OF CRIMINAL SANCTIONS ON SUCH ACTIONS AS DRUG ADDICTION, PROSTITUTION, AND LOITERING - THE VICTIMLESS CRIMES - ARE REVIEWED, AND IT IS ARGUED THAT SUCH ACTIONS SHOULD BE DECRMINALIZED.

Abstract

A MAJOR SOURCE OF CRIME IS SEEN TO BE THE MISUSE OF THE CRIMINAL SANCTION TO REGULATE CONDUCT REGARDED AS LEGITIMATE BY SUBSTANTIAL SEGMENTS OF SOCIETY. THREE CATEGORIES OF 'OVERCRIMINALIZATION' ARE REVIEWED. THESE ARE THE MORALS STATUTES (PROSTITUTION, HOMOSEXUALITY, AND SEXUAL CONDUCT STATUTES), THE ILLNESS STATUTES (LAWS AGAINST ALCOHOLISM AND DRUG USE), AND NUISANCE STATUTES (DISORDERLY CONDUCT, VAGRANCY, AND LOITERING). THE COSTS OF THIS OVERCRIMINALIZATION ARE DESCRIBED IN TERMS OF THE HARM DONE TO THOSE SANCTIONED FOR THESE ACTIONS AND TO PUBLIC ATTITUDES ABOUT THE LAWS AND LAW ENFORCEMENT. IT IS STATED THAT OVERCRIMINALIZATION CAN CAUSE DISRESPECT FOR THE LAW, CAN CAUSE DISCRMINATORY ENFORCEMENT OF THE LAW, AND CAN DRAIN RESOURCES AWAY FROM THE CONTROL OF MORE SERIOUS MISCONDUCT. THE CONSEQUENCES OF DECRIMINALIZATION OF THESE VICTIMLESS CRIMES ARE THEN DISCUSSED.