Criminalization

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Criminology and penology
Theory Anomie Biosocial criminology Broken windows Collective efficacy Crime analysis Criminalization Differential association Deviance Expressive function of law Labeling theory Psychopathy Rational choice Risk & actuarial criminology Social control Social disorganization Social learning Strain Subculture Symbolic interactionism Victimology
Types of crime Against Humanity Person State Class Blue-collar White-collar Cold case Perfect Corporate Juvenile International Organized Political Public-order State State-corporate Victimless War
Methods Comparative Profiling Critical theory Ethnography Uniform Crime Reports Crime mapping Positivist school Qualitative Quantitative BJS NIBRS
Penology Denunciation Deterrence Incapacitation Trial Prison abolition open reform Prisoner Prisoner abuse Prisoners' rights Rehabilitation Recidivism Justice in penology Participatory Restorative Transformative Retributive Solitary confinement
Schools Anarchist Chicago Classical Conflict Critical Environmental Feminist Integrative Italian Marxist Neo-classical Positivist Postmodernist Realism Left Right
Subfields American Anthropological Biosocial criminology Conflict Criminology Critical Culture Cyber Demography Development Environmental Experimental Organizational Political Public Radical criminology
Browse Index Journals Organizations People
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Criminalization or criminalisation, in criminology, is "the process by which behaviors and individuals are transformed into crime and criminals".^[1] Previously legal acts may be transformed into crimes by legislation or judicial decision. However, there is usually a formal presumption in the rules of statutory interpretation against the retrospective application of laws, and only the use of express words by the legislature may rebut this presumption. The power of judges to make new law and retrospectively criminalise behaviour is also discouraged. In a less overt way, where laws have not been strictly enforced, the acts prohibited by those laws may also undergo de facto criminalization through more effective or committed legal enforcement. The process of criminalization takes place through societal institutions including schools, the family, and the criminal justice system.^[2]