How do crimes become...criminal

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How do crimes become...criminal? Killing another person just because you dislike them - clearly should be prohibited. But what about prostitution, panhandling, and similar crimes?

Crimes become criminal through a legislative process wherein societies establish laws that define certain behaviors as criminal offenses. These laws reflect societal norms, values, and the perceived harm or threat posed by specific activities. For example, killing someone out of dislike is universally condemned due to its severe impact on individuals and society. Activities such as prostitution and panhandling are complex issues. They were historically criminalized due to public morality, health, and economic concerns, the approach to these activities is evolving. Drug use criminalization has been based on addiction, public safety, and social order worries. Portugal''s decriminalization of drug use under Law 30/2000 emphasizes public health and treatment over punishment, indicating a shift from punitive methods. New Zealand, through the Prostitution Reform Act 2003, decriminalized prostitution to improve sex workers'' rights and safety, a move towards harm reduction and health. In the U.S., states like Oregon have decriminalized possession of small drug amounts, focusing on treatment rather than incarceration, mirroring harm reduction trends. Different states adopt various approaches, with some leaning towards decriminalizing or legalizing activities such as sex work, driven by public health and human rights considerations. The criminalization and potential decriminalization of such activities highlight the broader debates surrounding the objectives of criminal law. Whereas prohibition has traditionally focused on punishment and deterrence, decriminalization leans towards harm reduction, rehabilitation, and public health. Globally, countries adopt varied strategies, with some prioritizing human rights and health outcomes. In the U.S., states are considering alternative methods, shaped by changing social attitudes and empirical evidence on policy effectiveness.

Goals of Criminal Law: Prohibition vs. Decriminalization

Incapacitation: Criminal laws against prostitution and drug use typically aim to incapacitate offenders by isolating them from society via imprisonment. Decriminalization, on the other hand, seeks to reduce incarceration rates, focusing instead on harm reduction and rehabilitation. Incapacitation can still be achieved through alternatives such as voluntary treatment programs.

Rehabilitation: Often, traditional criminal laws do not sufficiently emphasize rehabilitation, tending instead to concentrate on punishment. Decriminalization strategies frequently place a higher priority on rehabilitation, providing support services and treatment alternatives rather than criminal sanctions.

Deterrence: Prohibitive laws are designed to prevent individuals from engaging in certain activities by threatening punishment. Decriminalization also serves as a deterrent by encouraging safer practices and providing support, though it moves away from punitive measures towards educational and harm-reducing approaches.

Retribution: The criminalization of certain acts reflects society''s moral disapproval through punitive actions like fines and jail time. Decriminalization moves away from this retributive approach, focusing instead on resolving root causes and reducing societal harm.

Restitution: In instances where there are victims, such as human trafficking related to prostitution, criminal statutes may demand restitution. Decriminalization, while less direct, can still contribute to remedying social injuries through community support and services for victims.

Case Law and Legal Sources:

Prostitution: State v. Frisby, 170 A.3d 752 (N.H. 2017), upheld laws criminalizing aspects of prostitution, emphasizing public order and morality concerns.

Drug Use: Robinson v. California, 370 U.S. 660 (1962), addressed the constitutionality of criminalizing addiction, affirming state authority but also raising questions about health-based approaches.

Reference no: EM133724606

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