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The reason given for criminalization was that the state police insisted they couldn't investigate trafficking without criminalizing prostitution.
One case from early 2009 illustrates why I think criminalization was such a bad idea.
The crusade for criminalization was spearheaded by Donna M Hughes, a socially conservative women's studies professor who founded the organization Citizens Against Trafficking specifically to gather support around this legislation.
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Others argue that it is also under-inclusive, since we have good reason to criminalize kinds of conduct that do not cause or threaten harm (and whose criminalization is not aimed at preventing harm): conduct, for instance, that causes offence rather than harm (see Feinberg 1985; Simester and von Hirsch 2006, and 2011: chs.
So criminalization is a very worrying trend".
The history of race and criminalization is not a sideshow but, rather, the central issue.
But, he said, "Criminalization is warranted only where someone sets out, knowing he has H.I.V., to infect another and succeeds".
Criminalization is the latest of a string of human rights abuses that began with the dispossession of territory.
The National Police Agency, which sets national crime policy, says outright criminalization is difficult because of constitutional protections on the right to assembly.
"Criminalization is a poor tool for regulating H.I.V. infection and transmission," Edwin Cameron, a justice of the Supreme Court of Appeals in South Africa, said in a plenary session.
Indeed, Harvard economists Andrei Schleifer and Edward Glaeser argued in 2001 that "quantity reduction" through methods like criminalization is in certain cases more cost-effective than taxing undesirable activities.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com