Discussion of the Issue of Criminalization

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Introduction

Criminalization refers to the process through which certain behavior is transformed into crime. Criminalization may also extend to human beings and certain individuals may be transformed into criminals. This means that legal action could become illegal through criminalization. Acts and behaviors are criminalized through legislation. Criminalization is done to reduce crime and make society safer as well as conducive for every member. This paper will endeavor to discuss the issue of criminalization.

Determination of criminal behavior

In every society, a consensus is reached on which acts or behaviors qualify to be crimes or harmful. Once an agreement is reached, the criminal justice system of individual countries may be used to turn the identified acts or behavior into crime. On the other hand, an act or behavior can be decriminalized if society feels that it is no longer a risk. Moreover, criminalization is not very easy because for a behavior to be criminalized it has to be determined whether to do so is fair. For an act to be made criminal reasons are needed to show that behavior is harmful so that the law can be used to invoke it (Strasburger, Jorgenson & Randles, 1991, p 860-3). Moreover, the majority need to agree to make an act illegal. It is also important to note that sometimes authorities make some acts illegal, not because they are harmful, but for self-protection if they feel threatened politically. For example, some governments may make it illegal for foreign journalists to report in their country as it happened in Iran and Zimbabwe during their election crises. Thus, criminalization is a powerful weapon and if not checked it can be used by those in authority for oppression.

However, not all behavior is criminalized because it is harmful for example public nudity does not harm anyone but in some societies, the behavior is criminal because they invoke morality to criminalize it (Gustafson, 2009, p. 645-658).

The political and economic development level of a country also determines the kind of acts or behavior that is seen as harmful. For example, in a developing country, polluting the environment by the transport industry may not be criminalized because it is very basic and the people do not have a choice but to use transport means that pollute the environment, this is because their first concern is transport and environmental concern comes second. Whereas, in a developed country people may shun transport means that pollute the environment because they have a choice. In such countries, pollution of the environment may also be criminalized because it may harm people. In addition, in the developing of politically unstable countries laws concerning working conditions and environment may differ from laws in developed countries because in developed countries certain behavior may be criminalized if it can cause injuries to workers in their workplaces.

Criminalization process

The process involves the identification of behavior that is deemed harmful to people in society. After identification of harmful behavior, it is classified as a crime. The government goes ahead to broadcast the new laws concerning the criminalized behavior or acts so that everyone becomes aware of the new laws and thus may have no excuse when caught violating the new law(s). However, the process is not as simple as it sounds. Balancing is required in criminalization so that the reasons for criminalizing a certain behavior are weighed against reasons for not making a certain behavior criminal. The weightier of the reasons should be used to either make the act criminal or not. There are three stages that behavior or act should be subjected to before criminalization. If it passes through successfully then there is justification in them criminalizing them. The first stage is the principles filter where the determination of whether the action falls under the moral authority of a state takes place. At the presumptions filter, it is determined if the act or behavior can be made criminal without coercion. Finally is the pragmatics filter, during which investigations are done to identify the consequences of enacting certain laws. Therefore, when an act fails to pass through the three stages successfully it cannot be criminalized because it would not be morally justified. When an actor goes through the filtering process, a conclusive case is created against that act (Sovacool, 2005, p. 1).

Some criminalized acts

Many acts have been criminalized as discussed in the following paragraphs. Different countries have different social issues that have been made criminal. On the other hand, there is a discussion about over-criminalization because some people feel that their rights are infringed upon by the many laws enacted.

Criminalization of scientific conduct

The debate on the reduction of scientific conduct remains a controversy. Much scientific misconduct has been committed and this has led to suggestions to come up with laws to guide against this evil. This process requires going through the filter stages mentioned earlier so that researchers and scientists are not deterred from doing their work due to fear of laws. On the other hand, it is important to come up with laws that will distinguish errors in scientific research and misconduct. “The provision of stricter criminal sanctions for scientific misconduct could provide direct and indirect scientific and social benefits” (Sovacool, 2005, p. 1).

Criminalization of poverty

In Canada, poverty ahs have been criminalized and it is illegal to beg on the streets, sleep on the streets, or in a car. People are not allowed to solicit for work or even conduct work on land that belongs to someone else. Therefore, many poor and homeless people are facing a hard time in Canada because the gap between the rich and the poor is very big. Making poverty criminal is aimed at reducing poor people in the streets as they are seen as an eyesore yet, there is the question of morality in such an act. The homeless sleep on the streets because they have no home and if nobody comes to their rescue they will continue to languish in poverty. In this situation, the question of balance in making poverty a crime rises because the law has ignored the reality of poverty (OWJN, 2008, Criminalization of poverty, para. 1).

Criminalization of HIV/AIDS

HIV/aids have been criminalized in some countries. There is a law against willful transmission of the virus. Those found to have spread the virus willfully are convicted and jailed. However, this law is accused of discrimination against people leaving with the disease. This law may also discourage people from being tested because they would be afraid of victimization.

Benefits of criminalization

Criminalization is important as far as it helps to deter would be criminals from committing crimes against their fellow human beings. For instance, in psychotherapy sex between patients and psychotherapists has been criminalized. This is good as those who favor it argue it helps to deter the behavior, gives a redress when there are no avenues. It also deters unlicensed psychotherapists from practicing. In addition, it provides protection when one faces false accusations (Strasburger et al, 1991, p 860-1). Moreover, criminalizing acts such as racism is good because it leads to the protection of minority people against discrimination and prejudices. This helps to some extent to give the minority an opportunity to lead normal lives in society. It may also help them get an equal opportunity to improve themselves economically and socially. Criminalizing, therefore, helps to deal with evils that keep emerging in the society that had not been considered evil by the criminal law and this helps to protect the people in the society from harmful acts and behavior.

Disadvantages of criminalization

Conversely, the people in authority may use criminalization wrongly. This happens when it is used to oppress or to protect personal interests. People to justify wrongs committed to other people use sometimes criminalization. For instance, criminalization of a certain race may be used as a cover-up in harassing members of that race through things like racial profiling. This happens because the race has been singled out and its members are seen as likely criminals so no one raises an eyebrow because the race has been criminalized. Therefore, the state or authority fails to address the real issue that may be causing the crime rate to be high in that society.

Conclusion

There is an argument that almost every aspect of life has become criminalized. Sometimes criminalization occurs yet the criminalized acts or behavior is already dealt with in the criminal justice system. People have been sent to jail or fined due to mistakes such as wearing their jeans below the waistline and exposing some body parts or underwear. In psychotherapy criminalization of sexual relations between patients and psychotherapists has been accused of victimization of some psychotherapists as well as hindering them from discharging their services to their patients for fear of false accusations. Thus, criminalization must be done carefully to ensure that people’s rights are and freedoms are not curtailed.

Reference List

Gustafson, K. (2009). The Criminalization of poverty. Journal of Criminal Law and Criminology, 99(3), 643-674.

OWJN. (2008). Criminalization of Poverty. Web.

Sovacool, K. B. (2005). Using Criminalization and Due Process to Reduce Scientific Misconduct. The American Journal of Bioethics 5(5):W1. Web.

Strasburger, L.H., Jorgenson, L. & Randles, R. (1991). Criminalization of Psychotherapist-patient sex. The American Journal of Psychiatry, 148, 859-863.

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