The criminalization of poverty: an approach from Criminology and Criminal Law

Abstract

The criminalization of poverty raises questions about how socioeconomic conditions shape exposure to institutional control and the consequences of criminal justice involvement. This study aimed to analyze the normative, procedural, and sanctioning mechanisms associated with this relationship and their criminological and legal implications. A critical synthesis of recent empirical research was organized around three dimensions: coercive regulation of subsistence activities, inequalities during criminal proceedings, and the economic effects of sanctions. Findings identified interventions targeting people experiencing homelessness, financial barriers to exercising procedural safeguards, and monetary obligations that may intensify preexisting material hardship. Evaluations of policy reforms also showed improvements in selected outcomes without consistent reductions in disparities between social groups. Methodological heterogeneity, differences across jurisdictions, and the predominance of studies from the United States constrain generalizability and causal inference. The analysis suggests that the criminalization of poverty requires distinguishing observed inequality, institutional selectivity, and legally established rights violations. Penal policies should be assessed in terms of proportionality, ability to pay, and social consequences across diverse legal and territorial settings, with careful attention to differences in institutional arrangements. Systematic study selection and formal risk of bias assessment remain pending validation, limiting the certainty of the conclusions drawn from this preliminary synthesis.