The Security-Oriented Effects on the Domain of Maximal Criminalization

Abstract

Criminalization is a process through which the government transforms the legitimate behaviors of its citizens into prohibited ones. In recent decades, the inefficacy of reformative and rehabilitative policies, coupled with the shift of governments from compassion-oriented strategies toward security-centered approaches, has led to the evident influence of this orientation on the process of criminalizing behaviors. Consequently, criminalization has extended beyond its conventional and normative boundaries. Undoubtedly, the maximalization of criminalization inflicts harm on both the state and the structure of society, thereby heightening the significance of the issue. This study, employing a descriptive–analytical method and through the examination of library sources, seeks to analyze the consequences of the securitization of criminal policy within the context of maximal criminalization. First, it demonstrates that such securitization has expanded the scope of criminalization and facilitated the encroachment of criminal law into the realm of individual rights and freedoms. Second, it shows that, in implementing this approach, governments have often resorted to violating fundamental legal principles. Finally, the study proposes potential solutions to mitigate the adverse outcomes resulting from the securitization of criminalization.