U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Processes of Decriminalization

NCJ Number
86905
Author(s)
M G Postaloff
Date Published
1982
Length
114 pages
Annotation
This discussion of Venezuelan criminal codes presents an objective analysis of laws that have lost their enforceability and public respect and examines alternative sanctions or decriminalization of certain behaviors.
Abstract
It considers depenalization in terms of social change, the costs of law enforcement, stigmatization effects, and infringement of personal liberty. The codes attempting to regulate matters of private choice (e.g., morals, decency laws) are deemed unsound because they cramp personal lifestyle, have a socially harmful labeling effect, and fail to tap modern alternatives for treatment, education, and other substitutes for penal sanctions. The text also delineates arguments opposing decriminalization, emphasizing social disintegration in the absence of moral standards. Decriminalization of certain adult sex offenses and victimless crimes is seen as an inevitable trend in light of contemporary views on the relationship between laws and morals as well as advances in psychology, psychiatry, and sociology. It is emphasized that research should be continued on deviance and criminality to better understand the effects of both criminalization and decriminalization. The conclusion reviews global trends on decriminalization and cites recent criminological views, clinical approaches to deviant personalities, interactionist theory, evaluation research, and organizational theories. A total of 114 footnotes, some tabular data, and 62 references are given.

Downloads

No download available

Availability