Basic Concept In Criminology
CSS Criminology Notes
One can view criminalization as a procedure deployed by society as a preemptive harm-reduction device, using the threat of punishment as a deterrent to anyone proposing to engage in the behavior causing harm. The State becomes involved because governing entities can become convinced that the costs of not criminalizing (through allowing the harms to continue unabated) outweigh the costs of criminalizing it (restricting individual liberty, for example, to minimize harm to others). Criminalization may provide future harm reduction at least to the outside population, assuming those shamed or incarcerated or otherwise restrained for committing crimes start out more prone to criminal behaviour. Likewise, one might assume that criminalizing acts that in themselves do not harm other people (“victimless crimes”) may prevent subsequent harmful acts (assuming that people “prone” to commit these acts may tend to commit harmful actions in general). Some see the criminalization of “victimless crimes” as a pretext for imposing personal, religious or moral convictions on otherwise productive citizens or taxpayers.
States control the process of criminalization because: