Decriminalization removes criminal penalties for an activity, but it may still be subject to regulation. Legalization goes further, making the activity completely legal. Decriminalization is often driven by changing attitudes and morals in society, and can be led by citizens or legislative bodies. Activities such as sex work and recreational drug use are often referred to as “victimless crimes” in campaigns for decriminalization, but some argue that regulation is necessary to address exploitation and other issues.
Decriminalization is a change in the law that lifts the criminal penalties associated with a particular activity. Such activity is no longer considered criminal although it may still be subject to regulation of some form. It is also possible to take legalization a step further, where the acts are not just decriminalized, but made completely legal. Both decriminalization and legalization reflect changes in society that lead people to view businesses differently.
Numerous activities have been criminalized at various points in history, including miscegenation, abortion, recreational drugs, alcoholism, homosexuality, and public nudity. When a law is repealed or reversed to decriminalize an activity, the criminal activities such as jail time that were once connected to it are removed. However, there is still the possibility of being fined for an activity or being required to apply for a permit to be able to do so. For example, public nudity subjects people to fines in many areas of the world, unless they are in a designated location for nude sunbathing and similar activities; nudity itself is not criminal, but it is not allowed anywhere.
Activities are usually decriminalized because society believes they are no longer harmful. In some cases, society may argue that keeping outdated laws in place acts to diminish civil rights. For example, anti-miscegenation laws were abolished in the United States in response to agitation for equal rights for people of all races. Changing attitudes and morals in society lead to changes in the law that will accompany the change in thinking.
Pushes for decriminalization can be led by citizens submitting petitions and other documents asking their elected officials to change the law. Members of legislative bodies may also lead a push to decriminalize something, sometimes at the direction of a head of state. This usually requires repealing a law, amending a law, or drafting a new law to address the business at hand.
Activities such as sex work or recreational drug use that are often criminalized are sometimes referred to as “victimless crimes” in campaigns to push for decriminalization. These problems are a little more complex. Indeed, sex work can involve significant exploitation whether it is criminalized or not, and the trade in recreational drugs can also lead to victim-creating situations. Proponents of decriminalization who do not view these activities as entirely victimless argue that decriminalizing such activities will create an opportunity for regulation and enforcement to address these issues by allowing people who are not causing harm to engage in these activities without fear of reprisals.
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