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criminalization
Criminalization or criminalisation, in criminology, is "the process by which behaviors and individuals are transformed into crime and criminals".〔Michalowski p. 6.〕 Previously legal acts may be transformed into crimes by legislation or judicial decision. However, there is usually a formal presumption in the rules of statutory interpretation against the retrospective application of laws and only the use of express words by the legislature may rebut this presumption. The power of judges to make new law and retrospectively criminalise behaviour is also discouraged. In a less overt way, where laws have not been strictly enforced, the acts prohibited by those laws may also undergo ''de facto'' criminalisation through more effective or committed legal enforcement.
==The problems==
There has been some uncertainty as to the nature and extent of the contribution to be made by the victims of crime. But, as Garkawe (2001) indicates, the relationship between victimology and criminology has become problematic. The concern is that, within the dialectic of Right Realism and Left Realism,〔Walklate (2003).〕 a focus on the victim promotes rights selectively for certain victims, and advocates the assumption that some victim rights are more important than competing rights or values in society.〔Elias (1993).〕 For example, an Islamic feminist might seek consistency of treatment for women as victims and, therefore, demand the decriminalization of abortion, adultery, and seduction (Zina is a Hudud offense in sharia law), and the criminalization of domestic violence and sexual harassment.
In formal academically published theory, the real ruling class of a society reaches a temporary view on whether certain acts or behavior are harmful or criminal. Historically this one theory will be modified by scientific, medical evidence, by political change, and the criminal justice system may or may not treat those matters as crimes.
Conversely, when local politics determines that it is no longer a crime, they may be decriminalized. For example, Recommendation No. R (95) 12 adopted by the Committee of Ministers of the Council of Europe on the management of criminal justice, advocates that crime policies such as decriminalization, depenalisation or diversion, and mediation should be adopted wherever possible. But the law and order debate between right and left politicians is often superficial and unscientific, formulating policies based on their appeal to an uniformed electorate rather than properly conducted research.〔Currie (1991).〕
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