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 Ca ...
, 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)
* P ...
in relation to them. This reform is sometimes applied retroactively but otherwise comes into force from either the
enactment 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.
Decriminalization reflects changing social and
moral 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:
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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 pregn ...
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breastfeeding in public
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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
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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 (economics), value ("the stakes") on a Event (probability theory), random event with the intent of winning something else of value, where instances of strategy (ga ...
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homosexuality
Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to pe ...
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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 marri ...
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prostitution
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public nudity
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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
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Decriminalization of non-medicinal marijuana in the United States
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Legal history of cannabis in the United States
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Cannabis legalization in Canada
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Colorado Amendment 64
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Marijuana Policy Project
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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 dec ...
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Law Enforcement Against Prohibition
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Legality of cannabis
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Timeline of cannabis law
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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, ...
See also
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Drug liberalization
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Drug policy of the Soviet Union
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Legal issues of anabolic steroids
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Legalization
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Liberalization
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Alcohol prohibition
Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic be ...
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Prostitution in Canada
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Prostitution in Rhode Island
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Decriminalization of sex work
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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 ...
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Sex worker
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Sodomy law
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Timeline of LGBT history
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Unenforced law
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Victimless crime
References
Criminal law legal terminology
Drug policy reform
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