Author | Peter McWilliams |
---|---|
Country | United States |
Language | English |
Subject | Victimless crimes |
Genre | Nonfiction |
Publisher | Prelude Press |
Publication date | 1993 |
Media type | |
ISBN | 978-0-931-58053-6 |
OCLC | 28687150 |
LC Class | HV6707.U5 M32 1996 |
Ain't Nobody's Business if You Do: The Absurdity of Consensual Crimes in Our Free Country is a 1993 book by Peter McWilliams, in which he presents the history of legislation against what he feels are victimless crimes, or crimes that are committed consensually, as well as arguments for their legalization. [1] [2]
The book is divided into five sections.
Throughout the book are approximately six hundred quotations by noted thinkers on both sides of his positions (primarily supporters).
McWilliams presents a variety of arguments against the criminalization of victimless crimes. Some are philosophical in nature: one argument is that laws against these crimes are based in religion, which violates the separation of church and state. He also claims that they are un-American, as they attempt to homogenize the country to a certain group's idea of morality, and that they create an oppressive society, restricting personal freedoms without justification. Another claim is that they teach irresponsibility, by not letting people deal with the natural consequences of their actions, but rather penalizing them whether or not their actions harmed anyone else.
Other objections are practical: catching the "criminals" involved is an expensive affair. Victimless crimes draw manpower and funds away from crimes that do hurt innocent parties, and enforcement of the laws is not consistent enough to be an effective deterrent. He also argues that actions to help people deal with problems caused by these illegal activities are effectively prevented by their criminalization—for example, no one could be helped with their drinking problems during Prohibition. Additionally, he details how laws against victimless crimes paved the way for organized crime.
Activities examined in detail in Part III include gambling, recreational drug use, medical marijuana, prostitution, homosexuality, pornography, indecent exposure, and seat belt legislation.
Until a few years after McWilliams's death, the text of this book (as well as McWilliams' other books) was available for free in its entirety through his archived website; though all the books have been removed from that site in favor of links to online retail vendors, the texts have been archived in various formats by others.
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term crime does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence is an act harmful not only to some individual but also to a community, society, or the state. Such acts are forbidden and punishable by law.
A victimless crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting adults. Because it is consensual in nature, whether there involves a victim is a matter of debate. Definitions of victimless crimes vary in different parts of the world and different law systems, but usually include possession of any illegal contraband, recreational drug use, prostitution and prohibited sexual behavior between consenting adults, assisted suicide, and smuggling among other similar infractions.
A consensual crime is a public-order crime that involves more than one participant, all of whom give their consent as willing participants in an activity that is unlawful. Legislative bodies and interest groups sometimes rationalize the criminalization of consensual activity because they feel it offends cultural norms, or because one of the parties to the activity is considered a "victim" despite their informed consent.
Sex tourism refers to the practice of traveling to foreign countries, often on a different continent, with the intention of engaging in sexual activity or relationships in exchange for money or lifestyle support. This practice predominantly operates in countries where sex work is legal. The World Tourism Organization of the United Nations has acknowledged about this industry is organized both within and outside the structured laws and networks created by them.
Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time. Unlawful sexual acts are called sex crimes.
Legalization is the process of removing a legal prohibition against something which is currently not legal.
The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom.
Sex-positive feminism, also known as pro-sex feminism, sex-radical feminism, or sexually liberal feminism, is a feminist movement centering on the idea that sexual freedom is an essential component of women's freedom. They oppose legal or social efforts to control sexual activities between consenting adults, whether they are initiated by the government, other feminists, opponents of feminism, or any other institution. They embrace sexual minority groups, endorsing the value of coalition-building with marginalized groups. Sex-positive feminism is connected with the sex-positive movement. Sex-positive feminism brings together anti-censorship activists, LGBT activists, feminist scholars, producers of pornography and erotica, among others. Sex-positive feminists generally agree that prostitutes themselves should not be criminalized.
Peter Alexander McWilliams was an American self-help author who advocated for the legalization of marijuana.
Decriminalization or decriminalisation is the legislative process which removes prosecutions against an action so that the action remains illegal but has no criminal penalties or at most some civil fine. This reform is sometimes applied retroactively but otherwise comes into force from either the enactment of the law or from a specified date. In some cases regulated permits or fines may still apply, and associated aspects of the original criminalized act may remain or become specifically classified as crimes. The term was coined by anthropologist Jennifer James to express sex workers' movements' "goals of removing laws used to target prostitutes", although it is now commonly applied to drug policies. The reverse process is criminalization.
Commonly-cited arguments for and against the prohibition of drugs include the following:
Criminalization or criminalisation, in criminology, is "the process by which behaviors and individuals are transformed into crime and criminals". 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 criminalization through more effective or committed legal enforcement. The process of criminalization takes place through societal institutions including schools, the family, and the criminal justice system.
In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal because it is contrary to shared norms, social values, and customs. Robertson (1989:123) maintains a crime is nothing more than "an act that contravenes a law". Generally speaking, deviancy is criminalized when it is too disruptive and has proved uncontrollable through informal sanctions.
The crime against nature or unnatural act has historically been a legal term in English-speaking states identifying forms of sexual behavior not considered natural or decent and are legally punishable offenses. Sexual practices that have historically been considered to be "crimes against nature" include masturbation, sodomy and bestiality.
Libertarian Christianity is a designation that encompasses a variety of people, ideologies, philosophies, etc., the commonality of which is that each of these claims some commitment to both libertarianism and Christianity. Libertarianism and Christianity, as societal entities, are each composed of a variety of factions, each of which claims some distinguishing features that make such faction more libertarian, or more Christian, than other factions operating under the same libertarian or Christian banner. Libertarian Christians are yet another faction within each of these two internally diverse superstructures. What makes libertarian Christianity unique is that people who claim to be libertarian Christians are people who either implicitly or explicitly claim to have found some kind of ideological bridge that makes libertarianism and Christianity compatible. Whether people who claim to be libertarian Christians have discovered an ideological bridge that is genuinely faithful to the fundamental tenets of both libertarianism and Christianity is inevitably a question whose answer determines whether the libertarian Christian's bridge is ideologically sound or is based on pure presumption and wishful thinking.
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood by courts to include any sexual act deemed to be "unnatural" or "immoral". Sodomy typically includes anal sex, oral sex, and bestiality. In practice, sodomy laws have rarely been enforced against heterosexual couples, and have mostly been used to target homosexual couples.
Prostitution laws varies widely from country to country, and between jurisdictions within a country. At one extreme, prostitution or sex work is legal in some places and regarded as a profession, while at the other extreme, it is considered a severe crime punishable by death in some other places.
The decriminalization of sex work is the removal of criminal penalties for sex work. Sex work, the consensual provision of sexual services for money or goods, is criminalized in most countries. Decriminalization is distinct from legalization.
Prostitution in California is illegal. As of 2022, prostitution is considered a misdemeanor.
Some or all sexual acts between men, and less frequently between women, have been classified as a criminal offense in various regions. Most of the time, such laws are unenforced with regard to consensual same-sex conduct, but they nevertheless contribute to police harassment, stigmatization, and violence against homosexual and bisexual people. Other effects include exacerbation of the HIV epidemic due to the criminalization of men who have sex with men, discouraging them from seeking preventative care or treatment for HIV infection.