1.7 Consensus View and Decriminalizing Laws

Another view of how laws become created is the consensus view. It implies consensus (agreement) among citizens on what should and should not be illegal. This idea states that all groups come together, regardless of social class, race, age, gender, and more, to determine what should be illegal. This view also suggests that criminal law is a function of beliefs, morality, and rules that apply equally to all members of society (Dawe, 1970).

1.7.1 Marijuana Legalization (Example)

One example of decriminalization that came from a vote of consensus in states like Colorado, Washington, and Oregon was the legalization of recreational marijuana. Recently, Texas has shown signs of potentially decriminalizing marijuana and seeking reform laws. According to the latest University of Texas/Texas Tribune poll, more than half of the state’s registered voters support marijuana legalization in the state (a consensus). But only 16 percent said possession of marijuana should remain illegal under any circumstances. Marijuana is certainly a great example of decriminalization, whether it is for recreational or medicinal purposes. (University of Texas/Texas Tribune Poll, 2018). Read the full article Led by Democrats and young adults, most Texas voters want to legalize marijuana, UT/TT Poll finds for more information on Texas proposing changes. Some of the results from the poll can be seen in figure 1.4.

1.7.1.1 Should Marijuana be legal in Texas? (Graph)

A bar graph broken down by age ranges showing results of a UT/TT poll asking Texans, if they agreed with legalizing marijuana never, for medical purposes, for personal use, or for any use.

Figure 1.4. A bar graph from the University of Texas/Texas Tribune Poll, June 2018 showing

1.7.2 Adam Ruins Everything: The Sinister Reason Weed Is Illegal (Video)

Figure 1.5. Watch the YouTube Video “Adam Ruins Everything – The Sinister Reason Weed is Illegal [Youtube Video].”

1.7.3 Licenses and Attributions for Consensus View and Decriminalizing Laws

Figure 1.4. Should marijuana be legal in Texas? by Ryan Murphy with the Texas Tribune statistical research funded by PBS and NPR is in the Public Domain.

Figure 1.5. “Adam Ruins Everything – The Sinister Reason Weed is Illegal [Youtube Video].”

“1.6. Consensus View and Decriminalizing Laws” by Sam Arungwa is adapted from “1.5. Consensus View and Decriminalizing Laws” by Shanell Sanchez in SOU-CCJ230 Introduction to the American Criminal Justice System by Alison S. Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, and Shanell Sanchez, licensed under CC BY-NC-SA 4.0. Edited for style, consistency, recency, and brevity.

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Introduction to the American Criminal Justice System Copyright © by Sam Arungwa. All Rights Reserved.

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