A Response to the Maximalist Approach to Criminal Law and the Problem of Over-Criminalization

An excessively maximalist approach contradicts the theory of criminalization, which states that the state can impose penal sanctions and that if it does not legislate within these limits, it leads to an explosion of criminal laws and an inconsistent, unreliable criminal justice system. Overcriminalization causes disproportionate sentences, jail congestion, and targeting marginalised populations, for instance, according to the NDPS.