Legal Definitions - decriminalization

Decriminalization refers to the legislative process through which a government removes criminal penalties for a particular act, omission, article, or behavior that was previously considered a crime.

Under decriminalization, the act itself remains prohibited or illegal, but individuals engaging in it will no longer face criminal charges, arrest, or a criminal record. Instead, the consequences might shift to civil fines, administrative penalties, mandatory education, or sometimes no penalty at all. This approach is distinct from legalization, which removes all legal prohibitions and allows the activity to be conducted lawfully without any penalties.

• Example 1: Minor Public Nuisance

  Imagine a city where, historically, minor acts of public urination were classified as a misdemeanor offense, potentially leading to arrest, a criminal record, and even jail time. The city council, recognizing the disproportionate impact of such criminalization, passes an ordinance to decriminalize this specific behavior. Now, someone caught engaging in public urination might receive a civil citation and a fine, similar to a parking ticket, but they would not face criminal charges, arrest, or a criminal record. The act is still prohibited and carries a penalty, but it is no longer treated as a crime.

• Example 2: Possession of Certain Regulated Items

  Consider a state where the possession of a specific type of non-narcotic, regulated substance, such as certain types of novelty fireworks, was previously a low-level criminal misdemeanor. The state legislature decides to decriminalize this offense. Under the new law, individuals found with these fireworks would no longer face criminal charges or a criminal record. Instead, they might be subject to a civil fine and have the items confiscated. The possession of these fireworks remains illegal, but the legal system's response has shifted from criminal prosecution to a civil or administrative penalty.

• Example 3: Minor Traffic Violations with Criminal History

  In some older legal frameworks, certain minor traffic infractions, like failing to yield to a pedestrian in a crosswalk, might have been categorized as a criminal misdemeanor in specific circumstances, leading to a criminal record upon conviction. A state legislature could pass a law to decriminalize this specific type of traffic violation. Now, while failing to yield is still illegal and carries penalties like a fine and points on a driver's license, it would no longer result in a criminal charge or a criminal record. The behavior is still prohibited, but the severe criminal consequences have been removed.