NCJ Number
44420
Date Published
1976
Length
16 pages
Annotation
MORALS, ILLNESS, AND NUISANCE STATUTES ARE EXAMINED AS EXAMPLES OF THE MISUSE OF CRIMINAL SANCTION, THE COSTS OF OVERCRIMINALIZATION ARE DISCUSSED, AND THE CONSEQUENCES OF REPEALING SUCH STATUTES ARE CONSIDERED.
Abstract
OVERCRIMINALIZATION CAN CONTRIBUTE TO DISRESPECT FOR THE LAW AND CAN DAMAGE THE ENDS THAT THE LAW IS SUPPOSED TO SERVE BY CRIMINALIZING CONDUCT REGARDED AS LEGITIMATE BY LARGE SEGMENTS OF SOCIETY, BY INITIATING PATTERNS OF DISCRIMINATORY ENFORCEMENT, AND BY DRAINING RESOURCES AWAY FROM THE EFFORT TO CONTROL MORE SERIOUS MISCONDUCT. EXAMPLES OF LAWS THAT RAISE SUCH PROBLEMS ARE STATUTES DEALING WITH MORALS (E.G., SEXUAL CONDUCT, GAMBLING), WITH ILLNESS (E.G., DRUNKENNESS, NARCOTICS POSSESSION BY ADDICTS), AND WITH NUISANCE (E.G., DISORDERLY CONDUCT, OBJECTIONABLE LANGUAGE, VAGRANCY). THE COMMON CHARACTERISTIC OF THE KINDS OF CONDUCT IN QUESTION IS THAT EITHER THEY INVOLVE NO VICTIM IN THE USUAL SENSE OF THE WORD, OR THE INTEREST OF THE VICTIM IS SO INSUBSTANTIAL THAT IT DOES NOT JUSTIFY IMPOSITION OF THE CRIMINAL SANCTION. THUS AN ESSENTIAL REASON FOR IMPOSING CRIMINAL PENALITIES -- TO DETER CONDUCT THAT CLEARLY AND SIGNIFICANTLY IS HARMFUL TO THE PERSONS OR PROPERTY OF OTHERS -- IS LACKING. REPEAL OF MANY SUCH LAWS IS OVERDUE. WHERE THE LAWS MERELY ATTEMPT TO ENFORCE A PARTICULAR SET OF MORAL VALUES, SIMPLE REPEAL USUALLY IS JUSTIFIED. HOWEVER, WHEN 'SOCIAL EVILS' SUCH AS DRUNKENNESS ARE INVOLVED, REPEALED LAWS MUST BE REPLACED BY METHODS MORE LIKELY TO RESOLVE SOCIAL PROBLEMS. WHERE THE PROBLEM LIES WITH THE ATTITUDE OF POLICE, AS WITH DISORDERLY CONDUCT STATUTES, EFFORTS SHOULD BE MADE TO CHANGE THOSE ATTITUDES THROUGH TRAINING AND IMPROVED RECRUITMENT POLICIES.