Decriminalization: The Significance of the Principle that Limits State-Imposed Punishment to Acts of Wrongful Force and Fraud

This chapter examines the ramifications of the WFF limitation, proposed at the outset, on state deployment of penal power. Someone might approach this issue from the standpoint of comparative justice. Criminalization of drug possession has, after all, led to greater penalties for Blacks and Hispanics than for Whites—this, despite the fact that self-report studies indicate roughly equal usage across the board. There is, however, a more powerful argument possible here, one that relies on claims of non-comparative rather than comparative justice. This non-comparative claim is straightforward: the state should never criminalize acts that do not involve WFF. The chapter applies this to statutes that criminalize drug possession. But it does so for other issues as well, outlining the social justice benefits of a slimmed-down version of criminal law.