Principles
Several principles may underpin decisions about criminalization. These include the de minimis principle, that of the minimum criminalization. Under this principle, the general harm principle fails to consider the possibility of other sanctions and the effectiveness of criminalization as a chosen option. Those other sanctions include civil courts, laws of tort and regulation. Having criminal remedies in place is seen as a "last resort" since such actions often infringe personal liberties – incarceration, for example, prevents the freedom of movement. In this sense, law making that places a greater emphasis on human rights. Most crimes of direct actions (murder, rape, assault, for example) are generally not affected by such a stance, but it does require greater justification in less clear cases.
The policy of "social defense" can be seen as an opposing view. It argues that criminalization is used against "any form of activity which threatens good order or is thought reprehensible". The minimization principle may unwittingly prevent the adaptation of the law to new situations. In general, worldwide policy makers have created a myriad of smaller offences, in contradiction to the minimization principle and more in keeping with the social defence.
Read more about this topic: Criminalization
Famous quotes containing the word principles:
“Ah, I fancy it is just the same with most of what you call your “emancipation.” You have read yourself into a number of new ideas and opinions. You have got a sort of smattering of recent discoveries in various fields—discoveries that seem to overthrow certain principles which have hitherto been held impregnable and unassailable. But all this has only been a matter of intellect, Miss West—superficial acquisition. It has not passed into your blood.”
—Henrik Ibsen (1828–1906)
“When great changes occur in history, when great principles are involved, as a rule the majority are wrong.”
—Eugene V. Debs (1855–1926)
“My country is bleeding, my people are perishing around me. But I feel as a South Carolinian, I am bound to tell the North, go on! go on! Never falter, never abandon the principles which you have adopted.”
—Angelina Grimké (1805–1879)