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Decriminalization or decriminalisation is the reclassification in law relating to certain acts or aspects of such to the effect that they are no longer considered a
crime In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in C ...
, including the removal of criminal
penalties Penalty or The Penalty may refer to: Sports * Penalty (golf) * Penalty (gridiron football) * Penalty (ice hockey) * Penalty (rugby) * Penalty (rugby union) * Penalty kick (association football) * Penalty shoot-out (association football) * Penalty ...
in relation to them. This reform is sometimes applied retroactively but otherwise comes into force from either the
enactment Enactment may refer to: Law * Enactment of a bill, when a bill becomes law * Enacting formula, formulaic words in a bill or act which introduce its provisions * Enactment (British legal term), a piece of legislation or a legal instrument made ...
of the law or from a specified date. In some cases regulated permits or fines may still apply (for contrast, see: legalization), and associated aspects of the original criminalized act may remain or become specifically classified as crimes. The term was coined by anthropologist Jennifer James to express sex workers' movements' "goals of removing laws used to target prostitutes", although it is now commonly applied to drug policies. The reverse process is
criminalization Criminalization or criminalisation, in criminology, is "the process by which behaviors and individuals are transformed into crime and criminals". Previously legal acts may be transformed into crimes by legislation or judicial decision. However, ...
. Decriminalization reflects changing social and
moral A moral (from Latin ''morālis'') is a message that is conveyed or a lesson to be learned from a story or event. The moral may be left to the hearer, reader, or viewer to determine for themselves, or may be explicitly encapsulated in a maxim. ...
views. A society may come to the view that an act is not harmful, should no longer be criminalised, or is otherwise not a matter to be addressed by the
criminal justice Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...
system. Examples of subject matter which have been the subject of changing views on criminality over time in various societies and countries include: *
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pre ...
*
breastfeeding in public The social attitudes toward and legal status of breastfeeding in public vary widely in cultures around the world. In many countries, both in the Global South and in a number of Western countries, breastfeeding babies in open view of the general pu ...
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drug possession The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent the recreational use of certain intoxicating substances. While some drugs are illegal to possess, many governments regulate th ...
, and
recreational drug use Recreational drug use indicates the use of one or more psychoactive drugs to induce an altered state of consciousness either for pleasure or for some other casual purpose or pastime by modifying the perceptions and emotions of the user. When a ...
*
euthanasia Euthanasia (from el, εὐθανασία 'good death': εὖ, ''eu'' 'well, good' + θάνατος, ''thanatos'' 'death') is the practice of intentionally ending life to eliminate pain and suffering. Different countries have different eut ...
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gambling Gambling (also known as betting or gaming) is the wagering of something of value ("the stakes") on a random event with the intent of winning something else of value, where instances of strategy are discounted. Gambling thus requires three ele ...
*
homosexuality Homosexuality is Romance (love), romantic attraction, sexual attraction, or Human sexual activity, sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romant ...
*
polygamy Crimes Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is marr ...
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prostitution Prostitution is the business or practice of engaging in Sex work, sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, n ...
* public nudity * steroid use in sport In a federal country, acts may be decriminalized by one level of government while still subject to penalties levied by another; for example, possession of a decriminalized drug may still be subject to criminal charges by one level of government, but another may yet impose a monetary fine. This should be contrasted with legalization, which removes all or most legal detriments from a previously illegal act. It has also been noted that while some acts have been decriminalised, such as homosexuality and adultery, others have increased in their criminalization, such as incest.


Drug-use decriminalization topics

* Decriminalization of non-medicinal marijuana in the United States * Legal history of cannabis in the United States * Cannabis legalization in Canada *
Colorado Amendment 64 Colorado Amendment 64 was a successful popular initiative ballot measure to amend the Constitution of the State of Colorado, outlining a statewide drug policy for cannabis. The measure passed on November 6, 2012, and along with a similar meas ...
* Marijuana Policy Project *
Psilocybin decriminalization in the United States The movement to decriminalize psilocybin in the United States began in the late 2010s, with Denver, Colorado becoming the first city to decriminalize psilocybin in May 2019. The cities of Oakland and Santa Cruz, California, followed suit and ...
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Law Enforcement Against Prohibition The Law Enforcement Action Partnership (LEAP), formerly Law Enforcement Against Prohibition, is a U.S.-based nonprofit organization group of current and former police, judges, prosecutors, and other criminal justice professionals who use their e ...
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Legality of cannabis The legality of cannabis for medical and recreational use varies by country, in terms of its possession, distribution, and cultivation, and (in regards to medical) how it can be consumed and what medical conditions it can be used for. These ...
*
Timeline of cannabis law The list includes and details significant events that occurred in the global history of national-level implementations of, or changes made to, laws surrounding the use, sale, or production of the psychoactive drug cannabis. 1300s * 1378: Soudoun ...
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Responsible drug use Responsible drug use maximizes the benefits and reduces the risk of negative impact psychoactive drugs cause on the lives of the user. For illegal psychoactive drugs that are not diverted prescription controlled substances, some critics believe tha ...
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War on Drugs The war on drugs is a global campaign, led by the United States federal government, of drug prohibition, military aid, and military intervention, with the aim of reducing the illegal drug trade in the United States.Cockburn and St. Clair, 1 ...


See also

* Drug liberalization *
Drug policy of the Soviet Union The drug policy of the Soviet Union changed little throughout the existence of the state, other than slowly becoming more repressive, although some differences in penalties existed in the different Union Republics. However, the prevalence of drug a ...
* Legal issues of anabolic steroids * Legalization *
Liberalization Liberalization or liberalisation (British English) is a broad term that refers to the practice of making laws, systems, or opinions less severe, usually in the sense of eliminating certain government regulations or restrictions. The term is used m ...
* Alcohol prohibition * Prostitution in Canada *
Prostitution in Rhode Island Prostitution in Rhode Island was outlawed in 2009. On November 3, 2009, Republican Governor Donald Carcieri signed into law a bill which makes the buying and selling of sexual services a crime. Prostitution was legal in Rhode Island between 1980 a ...
*
Decriminalization of sex work The decriminalization of sex work is the removal of criminal penalties for sex work (specifically, prostitution). Sex work, the consensual provision of sexual services for money or goods, is criminalized in most countries. Decriminalization is di ...
*
Public-order crime In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal ...
*
Sex worker A sex worker is a person who provides sex work, either on a regular or occasional basis. The term is used in reference to those who work in all areas of the sex industry.Oxford English Dictionary, "sex worker" According to one view, sex work i ...
* Sodomy law *
Timeline of LGBT history A timeline is a display of a list of events in chronological order. It is typically a graphic design showing a long bar labelled with dates paralleling it, and usually contemporaneous events. Timelines can use any suitable scale representin ...
*
Unenforced law An unenforced law (also symbolic law, dead letter law) is a law which is formally in effect ('' de jure''), but is usually ('' de facto'') not penalized by a jurisdiction. Such laws are usually ignored by law enforcement, and therefore there are ...
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Victimless crime A victimless crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting adults. Because it is consensual in nature, whether there involves a victim is a matter of debate. Definitions of vi ...


References

Criminal law legal terminology Drug policy reform {{Crime-stub