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| Criminology |
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.
Public order crime should be distinguished from political crime. In the former, although the identity of the "victim" may be indirect and sometimes diffuse, it is cumulatively the community that suffers, whereas in a political crime, the state perceives itself to be the victim and criminalizes the behaviour it considers threatening. Thus, public order crime includes consensual crime and victimless crime. It asserts the need to use the law to maintain order both in the legal and moral sense. Public order crime is now the preferred term by proponents as against the use of the word "victimless" based on the idea that there are secondary victims (family, friends, acquaintances, and society at large) that can be identified.[ citation needed ]
For example, in cases where a criminal act subverts or undermines the commercial effectiveness of normative business practices, the negative consequences extend beyond those at whom the specific immediate harm was intended. Similarly, in environmental law, there are offences that do not have a direct, immediate and tangible victim, so crimes go largely unreported and unprosecuted because of the problem of lack of victim awareness. In short, there are no clear, unequivocal definitions of "consensus", "harm", "injury", "offender", and "victim". Such judgments are always informed by contestable, epistemological, moral, and political assumptions (de Haan, 1990: 154).
A vice squad is a police division whose focus is stopping public-order crimes like gambling, narcotics, prostitution, and illegal sales of alcohol.
Note that under English and Welsh law, a "public order offence" is a different category of crime related to disorderly conduct and other breaches of the peace. See the following:
In public order crimes, there are many instances of criminality where a person is accused because he/she has made a personal choice to engage in an activity of which society disapproves, e.g., private recreational drug use. Thus, there is continuing political debate on criminalization versus decriminalization, focusing on whether it is appropriate to use punishment to enforce the various public policies that regulate the nominated behaviours. After all, society could deal with unpopular behaviour without invoking criminal or other legal processes.
Following the work of Schur (1965), the types of crime usually referred to include the sexually based offences of prostitution, paraphilia (i.e., sexual practices considered deviant), underage sex, and pornography; and the offences involving substance abuse which may or may not involve some element of public disorder or danger to the public as in driving while intoxicated. Since 1965, however, societal views have changed greatly, for example, prostitution, often considered a victimless crime, is classified by some countries as a form of exploitation of women—such views are held in Sweden, Norway and Iceland, where it is illegal to pay for sex, but not to be a prostitute (the client commits a crime, but not the prostitute), see Prostitution in Sweden.
When deciding whether harm to innocent individuals should be prohibited, the moral and political beliefs held by those in power interact and inform the decisions to create or repeal crimes without apparent victims. These decisions change over time as moral standards change. For example, Margaret Sanger who founded the first birth control clinic in New York City was accused of distributing obscene material and violating public morals. Information about birth control is no longer considered obscene (see the U.S. case law examples). Within the context of a discussion (Feinberg: 1984) on whether governments should regulate public morals in the interest of the public good, Meier & Geis (1997) identify which social problems might be deemed appropriate for legal intervention and the extent to which the criminal law should enforce moral positions which may lack societal consensus.
This reflects a more fundamental problem of legal consistency. People have the right to engage in some self-destructive activities. For all its carcinogenic qualities, tobacco is not a prohibited substance. Similarly, the excessive consumption of alcohol can have severe physical consequences, but it is not a crime to consume it. This is matched in gambling. The state and its institutions often rely on lotteries, raffles, and other legal forms of gambling for operating funds, whether directly or indirectly through the taxation of profits from casinos and other licensed outlets. Qualitatively, there is nothing to distinguish the forms of gambling deemed illegal. A side effect of turning too many people into criminals is that the concept of crime becomes blurred and genuine criminality becomes less unacceptable. If the key distinction between real crime and moral regulation is not made clearly, as more consensual activities become crimes, ordinary citizens are criminalized for tax-evasion, illegal downloading, and other voluntary rule-breaking. A further perceptual problem emerges when laws remain in force but are obviously not enforced, i.e. the police reflect the consensus view that the activity should not be a crime. Alternatively, if the activities prohibited are consensual and committed in private, this offers incentives to the organizers to offer bribes in exchange for diverting enforcement resources or to overlooking discovered activity, thereby encouraging political and police corruption. Thus, any deterrent message that the state might wish to send is distorted or lost.
More generally, political parties find it easier to talk dismissively about crimes if they are classified as victimless because their abolition or amendment looks to have fewer economic and political costs, i.e., the use of the word "victimless" implies that there are no injuries caused by these crimes (Robertson 1989:125) and, if that is true, then there is no need to create or retain the criminal offences. This may reflect a limited form of reality that, in the so-called "victimless crimes", there are no immediate victims to make police reports and those who engage in the given behaviour regard the law as inappropriate, not themselves. This has two consequences:
Because most of these crimes take place in private or with some degree of secrecy, it is difficult to establish the true extent of the crime. The "victims" are not going to report it and arrest statistics are unreliable indicators of prevalence, often varying in line with local political pressure to "do something" about a local problem rather than reflecting the true incidence of criminal activity. In addition to the issue of police resources and commitment, many aspects of these activities are controlled by organized crime and are therefore more likely to remain hidden. These factors are used to argue for decriminalization. Low or falling arrest statistics are used to assert that the incidence of the relevant crimes is low or now under control. Alternatively, keeping some of these "vices" as crimes simply keeps organized crime in business.
Maguire and Radosh (1999: 146/7) accept that the public order crimes that cause the most controversy are directly related to the current perceptions of morality. To assert that the shades of behaviour represented by such "crimes" should be retained or decriminalized ignores the range of arguments that can be mustered on both sides, but the most fundamental question remains whether the government has the right to enforce laws prohibiting private behaviour.
Those who favor decriminalization or legalization contend that government should be concerned with matters affecting the common good, and not seek to regulate morality at an individual level. Indeed, the fact that the majority ignore many of the laws, say on drug-taking, in countries founded on democratic principles should encourage the governments elected by those majorities to repeal the laws. Failure to do so simply undermines respect for all laws, including those laws that should, and, indeed, must be followed. Indeed, when considering the range of activities prohibited, the practical policing of all these crimes would require the creation of a police state intruding into every aspect of the peoples' lives, no matter how private. It is unlikely that this application of power would be accepted even if history showed such high-profile enforcement to be effective. Prohibition did not prevent the consumption of alcohol, and the present War on Drugs is expensive and ineffective. Those who favor decriminalization also point to experience in those countries which permit activities such as recreational drug use. There is clear evidence of lower levels of substance abuse and disruptive behavior.
Those who oppose decriminalization believe that the morality of individuals collectively affects the good of the society and, without enforcement, the society will be damaged and lead to decadence. They believe that law shapes morality and builds a national character. If laws are not enforced, that is not the fault of the law. If people knew that they were likely to be arrested, they would modify their behavior. That current laws criminalizing theft do not deter thieves is not an argument for decriminalizing theft (although theft is not in any way a victimless crime). Rather it is an argument in favor of devoting more resources into enforcement so that there is greater certainty of arrest and punishment. Thus, in public order crimes, it is simply a lack of priority in current enforcement strategies that encourages such widespread public disobedience which, in all likelihood, would increase if the behavior was to be decriminalized.
Meier and Geis (1997) contrast the view that prostitution and drug offenses are crimes without victims, with the view that the participants involved are victims without crimes. The use of the term "public order crime" grew out of the research to test the hypothesis underlying the term "victimless crime". So-called victimless crimes or crimes without victims were tested to determine whether a case could be argued that the behaviour produced harmful consequences for innocent people (p19) recognising that there was substantial disagreement both about the degree of culpability inherent in the behaviour and the proper role for the law. Consequently, the effectiveness and scope of the law has proved limited, both creating and solving problems. The following are examples of the research findings used to construct arguments that there are victims. It is accepted that there are other arguments that many consider equally convincing (as an example).
The use of drugs for religious and recreational purposes is historically verified among a wide range of cultures. In more modern times, Inciardi (1992: 1–17) reports that the use of opium, cocaine, and, later, morphine were common ingredients of patent medicines, and "opium dens" were not uncommon in the larger urban areas. Extracts from the coca leaf were included in the original Coca-Cola and, in 1900, heroin was promoted as a cough medication and a treatment for lung diseases. But problems flowing from addiction led many to perceive the drug element of medications to be morally destructive. In the United States, the Supreme Court decisions of Webb et al. v U.S. 249 U.S. 96 (1919) and U.S. v Behrman 258 U.S. 280 (1922) drove the use of narcotics underground and consolidated their criminal status.
In the terms adopted by Schur (1965), drug dealing is now victimless because neither the buyer nor the seller is likely to report it. The consumption of some drugs can damage the health of users and, in some cases, cause death through overdose because substitution or poor quality, although this potential for harm may be operationally indistinct from the potentials for harm associated with other noncriminal behaviors, such as driving a car while tired or over-consumption of healthy foods. Some argue that if drugs were available legally, they would be less harmful (see the drug policy of the Netherlands). When drugs are illegal, the price is higher, and maintaining the habit takes the money that would otherwise be spent on food, shelter, and clothing. The resultant neglect is a contributory factor to the addict's physical deterioration. In Australia, Walker (1991) finds a strong link between substance abuse and crime. In general, making drugs illegal results in an exponential increase in their price so that addicts must indulge in theft, robbery, and burglary to support their habits. Those people who experience those crimes are indirect victims of the drug sale. The need to fund addiction also drives some into distribution where they are more prone to violent attack and murder. These findings are matched elsewhere. Meier and Geis (1997) confirm that drug dealing is an area where victims are third parties who experience harm only indirectly through, say, losses from drug-related crime, and the costs of enforcing drug laws and of treating addiction, and the public health costs for treating illness and disease consequent on the addiction, e.g., HIV infection through using the same needles. In Australia, for example, the National Campaign against Drug Abuse (see Collins & Lapsley 1991) gives a figure of just over $1.2 billion for total costs of the abuse of illicit drugs in Australia in 1988, including treatment of drug-related illness, accidents resulting from drug use/misuse, loss of productivity due to absenteeism, premature death, property crime and damage, and excluding justice system costs. Conklin (1997: 100) reports the cost of illegal drug use in the U.S. in 1989 at $60 billion a year, a 20% increase over the estimate in 1985. The rise in cost to the state can only be met out of tax revenue, but the burden is not shared equally. Income actually spent on drugs is displaced from purchases that would otherwise have generated sales tax and income tax revenue. Similarly, the substantial profits made by the dealers is not taxed. Thus, the citizens who declare income for tax purposes must pay more to offset the cost of non-capture of drug revenue in their society.
As with prostitution, crime related to drug dealing also affects the amenity of a neighbourhood, destroying property values and causing the flight of the middle class to the "safer" suburbs. If the police do intervene, they may alienate law-abiding community members who are stopped and questioned, and only displace the drug dealing indoors, thus making it more resistant to police interventions. Police may also use their power to extract rents from the drug selling community. Further, Sampson (2002) comments that because intensive police enforcement is by its very nature temporary, the impact is often only short-term and dependent on the resiliency of the market and the buyers which has been shown to be strong. Some officers have argued that intensive enforcement shows the community that the police care about the problem; however, some of the unintended effects may, in fact, have the opposite result. For a more general exposition, see arguments for and against drug prohibition.
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 sex worker is a person who is employed in the sex industry. The term is used in reference to all those in all areas of the sex industry, including those who provide direct sexual services as well as the staff and management of such industries. Some sex workers are paid to engage in sex acts or sexually explicit behavior which involves varying degrees of physical contact with clients ; pornographic models and actors engage in sexually explicit behavior which is filmed or photographed. Phone sex operators have sexually-oriented conversations with clients, and may do verbal sexual roleplay.
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, there is arguably no true victim, i.e. aggrieved party.
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 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, and unlawful sexual acts are also called sex crimes.
Sex work is "the exchange of sexual services, performances, or products for material compensation. It includes activities of direct physical contact between buyers and sellers as well as indirect sexual stimulation". Sex work only refers to voluntary sexual transactions; thus the term does not refer to human trafficking and other coerced or nonconsensual sexual transactions such as child prostitution. The transaction must take place between consenting adults who are of the legal age and mental capacity to consent and must take place without any methods of coercion. The term emphasizes the labor and economic implications of this type of work. Furthermore, some prefer the use of the term because it seemingly grants more agency to the sellers of these services.
Victorian morality is a distillation of the moral views of the middle class in 19th century Britain, the Victorian era.
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.
Articles related to criminology and law enforcement.
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.
National Incident-Based Reporting System (NIBRS) is an incident-based reporting system used by law enforcement agencies in the United States for collecting and reporting data on crimes. Local, state and federal agencies generate NIBRS data from their records management systems. Data is collected on every incident and arrest in the Group A offense category. These Group A offenses are 49 offenses grouped in 23 crime categories. Specific facts about these offenses are gathered and reported in the NIBRS system. In addition to the Group A offenses, 10 Group B offenses are reported with only the arrest information.
Drug policy reform, also known as drug law reform, is any proposed changes to the way governments respond to the socio-cultural influence on perception of psychoactive substance use. Proponents of drug policy reform believe that prohibition of drugs—such as cannabis, opioids, cocaine, amphetamines and hallucinogens—has been ineffectual and counterproductive. They argue that, rather than using laws and enforcement as the primary means to responding to substance use, governments and citizens would be better served by reducing harm and regulating the production, marketing, and distribution of currently illegal drugs in a manner similar to how alcohol and tobacco are regulated.
Public morality refers to moral and ethical standards enforced in a society, by law or police work or social pressure, and applied to public life, to the content of the media, and to conduct in public places. A famous remark of Mrs Patrick Campbell, that she did not care what people did as long as they "didn't frighten the horses" shows that in some sense even high tolerance expects a public limitation on behaviour. At the opposite extreme a theocracy may equate public morality with religious instruction, and give both the equal force of law.
Ronald Weitzer is a sociologist specializing in criminology and a professor at George Washington University, known for his publications on police-minority relations and on the sex industry.
Sex workers' rights encompass a variety of aims being pursued globally by individuals and organizations that specifically involve the human, health, and labor rights of sex workers and their clients. The goals of these movements are diverse, but generally aim to decriminalize and destigmatize sex work, and ensure fair treatment before legal and cultural forces on a local and international level for all persons in the sex industry.
There exists a diversity of feminist views on prostitution. Many of these positions can be loosely arranged into an overarching standpoint that is generally either critical or supportive of prostitution and sex work.
Prostitution law 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 a crime punishable by death in some other places.
Survival sex is a form of prostitution engaged in by a person because of their extreme need. It describes the practice of people who are homeless or otherwise disadvantaged in society, trading sex for food, a place to sleep, or other basic needs, or for drugs. The term is used by sex trade, poverty researchers, and aid workers.
Sex worker abuse by police officers can occur in one or more ways. Police brutality refers to the intentional use of excessive force by a police officer, be it physical, verbal, or psychological. Police corruption is a form of police misconduct where an officer obtains financial benefits and/or career advancements in exchange for not pursuing, or selectively pursuing, an investigation or arrest. Police misconduct refers to inappropriate actions taken by police officers in connection with their official duties. Sex workers, particularly poor sex workers and those who had been manipulated, coerced, or forced into sex work, are at risk of being obliged or otherwise forced to provide free sexual services to police officers out of fear of being harmed or arrested. Some sex workers have reported that they have encountered police officers who have physically assaulted them without evidence of a crime and without making an arrest.