by 
Mastodon
ANSWERS: 4
-
Legalization means that it is no longer against the law. Decriminalization, means that it is still against the law, just not against the criminal law, maybe against civil law, for example. Or it can mean that something is no longer a criminal offence, but it is nevertheless subject to strictly enforced regulations, such as prostitution in Nevada. As you can see, there is a good deal of overlap between the two.
-
Legalization is the process of removing a legal prohibition against something which is currently not legal. (removes the law, as the repeal of Prohibition) Legalization is a process often applied to what are now regarded as victimless crimes, such as the consumption of illegal drugs (see Drug legalization). It should be contrasted with decriminalization, which removes criminal charges from an action, but leaves intact associated laws and regulations. (Leaves the law, but removes the Criminal penalty) http://en.wikipedia.org/wiki/Legalization
-
A crime is something that permits the state to take away your liberty (i.e. put you in jail). There are many things that are illegal, which means you can be sued or fined for, but not criminal, which means you cannot go to jail. Of course, I am curious why you are asking. If you are asking about San Francisco's proposition to "decriminalize" prostitution, then you should note that this is not really decriminalization. The law against prostitution is a state law (which San Francisco cannot unilaterally change). However, they can direct their police force not to arrest prostitutes. The act is still illegal, however. Consequently, if you were caught in San Francisco engaging in prostitution by the Highway Patrol, then you could still be arrested.
-
Decriminalization is a means by which a local government can trump State or Federal law by refusing to enforce the law. So while it may be impossible to change a State law on prostitution or a Federal law on possession of narcotics, it is still up to the local government to decide where to place it's enforcement resources. In many larger cities there is a de facto decriminalization for possession of certain amounts of narcotics - especially where high per capita murder rates exist. Priorities are put instead on curbing violence and responding 'victimless' crimes on a per-complaint basis. Keep in mind that neither decriminalization nor legalization is a specific endorsement of behavior per se.
RELATED QUESTIONS
Copyright 2023, Wired Ivy, LLC