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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 victimless crimes vary in different parts of the world and different law systems, but usually include possession of any illegal contraband, recreational drug use, prostitution and prohibited sexual behavior between consenting adults, assisted suicide, and smuggling among other similar infractions.
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.
Decriminalization or decriminalisation is the legislative process which removes prosecutions against an action so that the action remains illegal but has no criminal penalties or at most some civil fine. 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, 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.
The Shafer Commission, formally known as the National Commission on Marihuana and Drug Abuse, was appointed by U.S. President Richard Nixon in the early 1970s. Its chairman was former Pennsylvania Governor Raymond P. Shafer. The commission issued a report on its findings in 1972 that called for the decriminalization of marijuana possession in the United States. The report was ignored by the White House, but is an important document against prohibition.
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, there is usually a formal presumption in the rules of statutory interpretation against the retrospective application of laws, and only the use of express words by the legislature may rebut this presumption. The power of judges to make new law and retrospectively criminalise behaviour is also discouraged. In a less overt way, where laws have not been strictly enforced, the acts prohibited by those laws may also undergo de facto criminalization through more effective or committed legal enforcement. The process of criminalization takes place through societal institutions including schools, the family, and the criminal justice system.
David Schmidtz is a Canadian-American philosopher. He is Presidential Chair of Moral Science at West Virginia University's Chambers College of Business and Economics. He is also editor-in-chief of the journal Social Philosophy & Policy. Previously, he was Kendrick Professor of Philosophy and Eller Chair of Service-Dominant Logic at the University of Arizona. While at Arizona, he founded and served as inaugural head of the Department of Political Economy and Moral Science.
Ethan A. Nadelmann is the founder of the Drug Policy Alliance, a New York City-based non-profit organization working to end the War on Drugs. He is a supporter of the legalization of marijuana in America.
In the United States, the non-medical use of cannabis is legalized in 24 states and decriminalized in 7 states, as of November 2023. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.
Drug liberalization is a drug policy process of decriminalizing or legalizing the use or sale of prohibited drugs. Variations of drug liberalization include drug legalization, drug relegalization, and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.
The Criminal Law Amendment Act, 1968–69 was an omnibus bill that introduced major changes to the Canadian Criminal Code. An earlier version was first introduced as Bill C-195 by then-Minister of Justice Pierre Trudeau in the second session of the 27th Canadian Parliament on December 21, 1967, which was modified and re-introduced as Bill C-150 by then-Minister of Justice John Turner in the first session of the 28th Canadian Parliament. After heated debates, it passed third reading in the House of Commons by a vote of 149 to 55. The bill was a massive 126-page, 120-clause amendment to the criminal law and criminal procedure of Canada.
In the early 21st century, advocacy for drug legalization has increased in Latin America. Spearheading the movement, the Uruguayan government announced in 2012 plans to legalize state-controlled sales of marijuana in order to fight drug-related crimes.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Rae Helen Langton, FBA is an Australian-British professor of philosophy. She is currently the Knightbridge Professor of Philosophy at the University of Cambridge. She has published widely on Immanuel Kant's philosophy, moral philosophy, political philosophy, metaphysics, and feminist philosophy. She is also well known for her work on pornography and objectification.
Holly Martin Smith is Distinguished Professor of Philosophy at Rutgers, the State University of New Jersey. Her publications focus on questions in normative ethics, moral responsibility and structural questions common to normative theories.
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.
The Cannabis Act (C-45) of June, 2018 paved the way for the legalization of cannabis in Canada on 17 October 2018. Police and prosecution services in all Canadian jurisdictions are currently capable of pursuing criminal charges for cannabis marketing without a licence issued by Health Canada. The Supreme Court of Canada has held that the federal Parliament has the power to criminalize the possession of cannabis and that doing so does not infringe upon the Canadian Charter of Rights and Freedoms. The Ontario Court of Appeal and the Superior Court of Ontario have, however, held that the absence of a statutory provision for medical marijuana is unconstitutional, and to that extent the federal law is of no force and/or effect if a prescription is obtained. The recreational use of cannabis has been legalized by the federal government, and took effect on 17 October 2018.
Overcriminalization is the concept that criminalization has become excessive, meaning that an excessive number of laws and regulations deeming conduct illegal have a detrimental effect on society, particularly with respect to victimless crimes and actions which make conduct illegal without criminal intent on the part of the individual.
Some or all sexual acts between men, and less frequently between women, have been classified as a criminal offense in various regions. Most of the time, such laws are unenforced with regard to consensual same-sex conduct, but they nevertheless contribute to police harassment, stigmatization, and violence against homosexual and bisexual people. Other effects include exacerbation of the HIV epidemic due to the criminalization of men who have sex with men, discouraging them from seeking preventative care or treatment for HIV infection.
The Hart–Devlin debate was a famous debate in the mid-twentieth century between legal philosophers Patrick Devlin and H. L. A. Hart about whether the law is a suitable tool for the enforcement of morality. The debate arose in the context of a proposal to decriminalize homosexuality in the United Kingdom. Devlin argued that the law is a suitable tool to enforce morality, while Hart disagreed.
This is a select annotated bibliography of scholarly English language books and journal articles about the subject of genocide studies; for bibliographies of genocidal acts or events, please see the See also section for individual articles. A brief selection of English translations of primary sources is included for items related to the development of genocide studies. Book entries may have references to journal articles and reviews as annotations. Additional bibliographies can be found in many of the book-length works listed below; see Further Reading for several book and chapter-length bibliographies. The External links section contains entries for publicly available materials on the development of genocide studies.
References
- 1 2 3 4 "Douglas Husak". fas-philosophy.rutgers.edu.
- ↑ Botterell, Andrew (January 1, 2013). "Philosophy of Criminal Law: Selected Essays". University of Toronto Law Journal. 63 (1): 152–158. doi:10.3138/utlj.63.1.review – via utpjournals.press (Atypon).
- ↑ "Review". New Criminal Law Review. 12 (2): 323–326. April 1, 2009. doi:10.1525/nclr.2009.12.2.323 – via online.ucpress.edu.
- ↑ "Reviewed Work: A Time to Be Born and a Time to Die: The Ethics of Choice. by Barry S. Kogan" (PDF). JSTOR 2381993.
- ↑ "Ignorance of Law: A Philosophical Inquiry". Oxford University Press. August 18, 2016.
- ↑ Husak, Douglas N. (1989). "Justifications and the Criminal Liability of Accessories". The Journal of Criminal Law and Criminology. 80 (2): 491–520. doi:10.2307/1143802. JSTOR 1143802 – via JSTOR.
- ↑ Husak, Douglas N. (2000). "Liberal Neutrality, Autonomy, and Drug Prohibitions". Philosophy & Public Affairs. 29 (1): 43–80. doi:10.1111/j.1088-4963.2000.00043.x. JSTOR 2672864 – via JSTOR.
- ↑ Dempsey, Michelle Madden; Matravers, Matt (April 1, 2020). "Editorial". Criminal Law and Philosophy. 14 (1): 1–2. doi: 10.1007/s11572-020-09534-9 .
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