Arguments Against Criminalisation

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Crime has been defined in general as an act or omission that has been forbidden by law and is usually associated with a sanction. John Stuart Mill, in his Harm Principle stated that an act should be criminalised based on the harm it has inflicted on other people. The State is justified in criminalising acts that crates unjustifiable and serious risks to others. A victimless crime is when a particular act does not have any victim or when the only person who is affected is the person committing it or when the person who will be classified as a victim has consented to such an act. As there is no clear victim in this case the principle of harm will not be applicable here and would not be considered as an act that can be criminalised. This paper is about whether a victimless crime can be criminalised. Various theorists have argued in favour and against the criminalisation process. The argument against criminalisation is mainly on the violation of the individual autonomy of a person, where he will be criminalised for an act that he did as a part of exercising his autonomy and has not affected any other person in the process. On the other hand, one argument from the side favouring criminalization is that if such acts are not criminalised then they may cause social harm. There are various other reasons for and against criminalization that have been discussed by various jurists. Crime is usually associated with victims and the people affected by the actions of others. There

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