An Introduction to Some Practical Limitations of Criminalization (The Necessity of Evaluating Benefits and Costs of Creating a Crime)

Although criminal law, which differentiates between legal “oughts” and “ought-nots” in criminal part, is necessary for any society, the practical implications of criminalization and evaluating its benefits and costs must not be disregarded. The followings are some practical limitations of expanding the criminl law’s scope that must be considered to criminalize a conduct: (1) the capabilities and capacities of the criminal justice system; (2) the avoidance of discriminatory possibilities; (3) the possible abuse in law administration; (4) the potential of weakening the moral power of the criminal law; (5) the possible reduction of the effectiveness of punishments; and (6) the potential of the criminogenic criminal law in the light of the labelling process and the criminalization of some conducts as well as the conformity of the criminal law with the public expectations and desires of the majority of the people. The disregard for these limitations and the mere reliance on theoretical and philosophical justifications for using criminalization may serioushy challenge the criminal law and its legitimacy, status, and role.