Six Questions About Overcriminalization

The allegation that criminal justice systems (and of the United States in particular) have become guilty overcriminalization is widely accepted by academics and practitioners on nearly all points along political spectrum ( Dillon 2012 ). Many commentators respond recommending states decriminalize given kinds conduct supposedly exemplify problem. I urge those who are theoretically minded to proceed cautiously address several preliminary matters must be resolved before genuine progress possible. In absence a position controversial normative conceptual issues, discussions decriminalization bound oversimplified superficial. My review organized around six these issues. invite examine a) what law is; b) means; c) why thought pernicious; d) whether de jure or facto phenomenon, i.e., it function books action; e) criteria might invoked alleviate predicament; f) extent serious concern our penal system. Even though issues analytically distinct, positions about one invariably blur into commitments others. Although theorists rarely dissent from claim something called overcriminalization, uncertainties foregoing topics mar their treatments. conclude deep understanding problem depends how resolved.