Overcriminalization
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Overcriminalization
In many countries, the level of crimes has gone high. This can be attributed to the fact that; some laws and policies are not observed. In my home state, various laws are not taken into consideration adequately. The criminal justice field is vast, with many regulations, but some have been overridden. In my state, there is a law that stipulates high penalties and failure to offer bonds to anyone engaged in criminal activities (Cottrol & Mocsary, 2016). The law also pinpoints that in case of giving a bond, it should be under strict terms. However, that has not been observed. Judges and magistrates have treated even major criminal activities as minor thus, issuing little penalties as well as weak terms. That has made it difficult to tame criminal acts because individuals don’t fear due to lenient terms.
In other countries, such as Canada, some laws have gone absurd. They have a law that requires organizations to have a proper and effective sewerage system and not to release any waste into river bodies or to the environment (Crombag et al., 2020). However, that has not been observed. They have identified loopholes whereby; they do the systems selectively, and still, the environmental management authorities have not been vibrant to tame the situation. Despite the crime being not openly seen, it has been overridden, thus promoting overcriminalization.
In Africa, they have vital laws to fight economic crimes, such as corruption. However, their leaders who should be observing the rules, have been involved highly in looting public resources. With the weak system of the judiciary, it has become a norm and a shorter way of enriching themselves. Similarly, justice has been served selectively (Boonstoppel, 2019). The leaders and people in positions have not been punished as compared to other people. That has made Africa lead in overcriminalization. There is a need for countries to come up with robust measures and ensure that every law is treated and honored with the seriousness that it deserves.
References
Boonstoppel, S. (2019). Book Review: The prison school: Educational inequality and school discipline in the age of mass incarceration.
Cottrol, R. J., & Mocsary, G. A. (2016). Guns, bird feathers, and overcriminalization: why courts should take the Second Amendment seriously. Geo. JL & Pub. Pol’y, 14, 17.
Crombag, H. S., Child, J. J., & Sullivan, G. R. (2020). Drunk, Dangerous, and Delusional: How legal concept‐creep risks overcriminalization. Addiction.