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NCJRS Abstract

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NCJ Number: 50792 Find in a Library
Title: LEGALIZATION OF DEVIANCE
Journal: CRIMINOLOGY  Volume:16  Issue:2  Dated:(AUGUST 1978)  Pages:193-208
Author(s): J H SKOLNICK; J DOMBRINK
Corporate Author: Sage Publications, Inc
United States of America

American Soc of Criminology
Criminology
United States of America
Date Published: 1978
Page Count: 16
Sponsoring Agency: American Soc of Criminology
Columbus, OH 43212
National Science Foundation
Arlington, VA 22230
Sage Publications, Inc
Thousand Oaks, CA 91320
Grant Number: SOC 74-13683
Format: Article
Language: English
Country: United States of America
Annotation: THE IMPLICATIONS OF DECRIMINALIZING MANY FORMS OF VICTIMLESS CRIME ARE DISCUSSED, AND SEVERAL MODELS FOR DECRIMINALIZATION ARE CONSIDERED.
Abstract: THERE IS A TREND IN AMERICAN PUBLIC POLICY AND LAW TOWARDS LEGALIZING MANY VICTIMLESS CRIMES SUCH AS MARIHUANA USE, CERTAIN SEXUAL BEHAVIOR, GAMBLING, AND PORNOGRAPHY. DECRIMINALIZATION OF THIS BEHAVIOR WOULD NECESSITATE ITS REGULATION, AND THE TRANSFORMATION OF THESE ILLEGAL CRIMINAL ACTIVITIES TO LEGAL ACTIVITIES WOULD RESULT IN A JUXTAPOSITION OF INTERESTS ON THE PART OF MANY POLITICIANS OR PERSONS DEALING IN ILLICIT GOODS AND SERVICES. SIX MODELS FOR DECRIMINALIZATION ARE CONSIDERED INCLUDING COMPLETE NULLIFICATION OF A LAW OR LICENSING OF FORMS OF BEHAVIOR. A COMMODITY MODEL WOULD TREAT A SUBSTANCE, SUCH AS MARIHUANA, LIKE A PLANT AND WOULD REQUIRE GUARANTEES OF QUALITY AND PURITY FOR ITS SALE. A COMMERCIAL SERVICE MODEL MIGHT REGULATE DECRIMINALIZED ACTIVITIES AS OTHER COMMERCIAL BUSINESSES ARE REGULATED. UNDER A VICE MODEL, GAMBLING OR MARIHUANA USE COULD BE LEGALIZED, BUT THE SALE AND MANUFACTURE COULD CARRY HEAVY PENALTIES, AND A MEDICAL MODEL WOULD REQUIRE A DOCTORS' PRESCRIPTION FOR PURCHASE OF MARIHUANA, COCAINE, AND HEROIN. COLLATERAL PROBLEMS OF LEGALIZATION THAT WOULD ARISE FROM DECRIMINALIZATION OF THESE VICTIMLESS CRIMES ARE DISCUSSED. BIBLIOGRAPHIC REFERENCES ARE PROVIDED. (DAG)
Index Term(s): Decriminalization; Regulations; Victimless crimes
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50792

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