Criminology and penology |
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A victimless crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting adults. [1] Because it is consensual in nature, whether there involves a victim is a matter of debate. [1] [2] Definitions of victimless crimes vary in different parts of the world and different law systems, [1] 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. [1] [3]
In politics, a lobbyist or an activist might use the term victimless crime with the implication that the law in question should be abolished. [4]
Victimless crimes are, in the harm principle of John Stuart Mill, "victimless" from a position that considers the individual as the sole sovereign, to the exclusion of more abstract bodies such as a community or a state against which criminal offenses may be directed. [5] They may be considered offenses against the state rather than society. [1]
According to the University of Chicago's vice scholar, Jim Leitzel, three characteristics can be used to identify whether a crime is a victimless crime: if the act is excessive, is indicative of a distinct pattern of behavior, and its adverse effects impact only the person who has engaged in it. [6]
In theory, each polity determines its own laws so as to maximize the happiness of its citizens. But as knowledge, behavior and values change, laws in most countries lag greatly behind these social changes. Once a majority believes that the law is unnecessary, this law prohibits a victimless crime, until it is repealed.
Many victimless crimes begin because of a desire to obtain illegal products or services that are in high demand. Criminal penalties thus tend to limit the supply more than the demand, driving up the black-market price and creating monopoly profits for those criminals who remain in business. This "crime tariff" encourages the growth of sophisticated and well-organized criminal groups. Organized crime in turn tends to diversify into other areas of crime. Large profits provide ample funds for bribery of public officials, as well as capital for diversification. [7]
The War on Drugs is a commonly cited example of prosecution of victimless crime. The reasoning behind this is that drug use does not directly harm other people. One argument is that the criminalization of drugs leads to highly inflated prices for drugs. For example, Bedau and Schur found in 1974 that "In England the pharmacy cost of heroin [was] 0.06 cents per grain. In the United States street price [was] $30–90 per grain." This inflation in price is believed to drive addicts to commit crimes such as theft and robbery, which are thought to be inherently damaging to society, in order to be able to purchase the drugs on which they are dependent.
In addition to the creation of a black market for drugs, the War on Drugs is argued by proponents of legalization to reduce the workforce by damaging the ability of those convicted to find work. It is reasoned that this reduction of the workforce is ultimately harmful to an economy reliant on labor. The number of drug arrests increases every year. In a poll taken by the Bureau of Justice Statistics between 1980 and 2009, "[over a] 30-year period...[arrest] rates for drug possession or use doubled for whites and tripled for blacks." [8]
According to economist Walter Block, illegal immigration and emigration is a victimless crime from a libertarian perspective. [9]
Vera Bergelson states that victimless crime comes in four main varieties: [10]
Many activities that were once considered crimes are no longer illegal in some countries, at least in part because of their status as victimless crimes.
One example is the British sturdy beggar laws that applied the death penalty to unemployment.
Two large categories of victimless crimes are sexual pleasure and recreational drug use (drug pleasure). On the first,
Marijuana use is forbidden by law in Australia but is the most "widely used illicit drug" in the country, just as it is in countries such as the United States and New Zealand. [17] Prohibition of alcohol in the United States, repealed in 1933, is considered a failed "social experiment" because many citizens ignored what it stipulated, turning to home-made spirits in lieu of licensed alcoholic drinks and resultantly making problems worse. [18] In the United States today, tension over marijuana legalization is in response to the current marijuana prohibition in most states, [19] but there are efforts to legalize cannabis in many countries such as the United States and Australia, as its legalization has the potential to greatly increase revenue. [17] [20]
Prostitution is legal in many countries, though usually restricted. The Netherlands legalized prostitution in 1999, and was one of the first countries to do so. As of 2012, however, it has been considering policy changes to severely restrict it. [21]
Adultery (sexual acts between a married person and a person other than the spouse) and fornication (sexual acts between unmarried people) have not been prosecuted in the United States for over 50 years, although the laws against them, like those against sodomy, are still on the books in several states. However, because sodomy laws were struck down as unconstitutional by the U.S. Supreme Court in Lawrence v. Texas , the laws against fornication would also be unconstitutional as was recognized by the Supreme Court of Virginia in Martin v. Ziherl .
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A major concern among opponents of legalizing victimless crimes is the degradation of societal moral standards, but punishing citizens for their choice to engage in victimless acts declared by the law to be immoral is difficult. While the United States's typical response to crimes is retroactive, the illegality of victimless crimes is a more preventative approach to justice and is highly controversial. [22]
Controversies over victimless crime deal mostly with the question of whether a crime can ever actually be victimless. With relation to drugs and their pathway to consumption, the impact of the drug trade and liability laws on drug dealers, their families, and other unforeseen actors may end in victimization. [23] Another act often considered a victimless crime is the possession of pornography, especially fictional child pornography. However, those who hold this position typically acknowledge the victimization that can occur to performers during production of non-fictional pornography. [24]
In contrast, there is the argument for restraining legal powers to allow citizens the freedom to make victimless personal choices that may or may not be perceived as morally wrong. [22] Preventative law, such as sex offender registries and anti-social behavior orders, blurs the distinction between criminal and civil law because victimless crime is typically difficult to categorize and criminalize. This is problematic because it causes a distortion of traditional procedures of the criminal and civil of aspects of law by enabling confusion and procedural interchangeability. [22]
A sex worker is a person who provides sex work, either on a regular or occasional basis. The term is used in reference to those who work in all areas of the sex industry. According to one view, sex work is voluntary "and is seen as the commercial exchange of sex for money or goods". Thus it differs from sexual exploitation, or the forcing of a person to commit sexual acts.
The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent the recreational use of certain intoxicating substances.
Sex tourism is the practice of traveling to foreign countries, often on a different continent, with the intention of engaging in sexual activity or relationships, in exchange providing 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 that 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.
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:
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.
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.
In the United States, the non-medical use of cannabis is legalized in 24 states and decriminalized in 7 states, as of November 2023. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.
Drug liberalization is a drug policy process of decriminalizing, legalizing, or repealing laws that prohibit the production, possession, sale, or use of prohibited drugs. Variations of drug liberalization include drug legalization, drug relegalization, and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.
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 legalize or decriminalize sex work, as well as to destigmatize it, regulate it and ensure fair treatment before legal and cultural forces on a local and international level for all persons in the sex industry.
The use, sale, and possession of cannabis containing over 0.3% THC by dry weight in the United States, despite laws in many states permitting it under various circumstances, is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act (CSA) of 1970, cannabis containing over 0.3% THC by dry weight is considered to have "no accepted medical use" and a high potential for abuse and physical or psychological dependence. Cannabis use is illegal for any reason, with the exception of FDA-approved research programs. However, individual states have enacted legislation permitting exemptions for various uses, including medical, industrial, and recreational use.
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. A variety of different legal models exist around the world, including total bans, bans that only target the customer, and laws permitting prostitution but prohibiting organized groups, an example being brothels.
In the early 21st century, advocacy for drug legalization has increased in Latin America. Spearheading the movement, the Uruguayan government announced in 2012 plans to legalize state-controlled sales of marijuana in order to fight drug-related crimes.
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.
Minors and the legality of cannabis is one of the issues around the legalisation of cannabis, with most jurisdictions placing strict age limits in a similar way as is done with the drinking age for alcohol.
The use of cannabis as a recreational drug has been outlawed in many countries for several decades. As a result of long-fought legalization efforts, several countries such as Uruguay and Canada, as well as several states in the US, have legalized the production, sale, possession, and recreational and/or medical usage of cannabis. The broad legalization of cannabis in this fashion can have numerous effects on the economy and society in which it is legalized.
The Cannabis Act (C-45) of June, 2018 paved the way for the legalization of cannabis in Canada on 17 October 2018. Police and prosecution services in all Canadian jurisdictions are currently capable of pursuing criminal charges for cannabis marketing without a licence issued by Health Canada. The Supreme Court of Canada has held that the federal Parliament has the power to criminalize the possession of cannabis and that doing so does not infringe upon the Canadian Charter of Rights and Freedoms. The Ontario Court of Appeal and the Superior Court of Ontario have, however, held that the absence of a statutory provision for medical marijuana is unconstitutional, and to that extent the federal law is of no force and/or effect if a prescription is obtained. The recreational use of cannabis has been legalized by the federal government, and took effect on 17 October 2018.
Cannabis rights or marijuana rights are individual civil rights that vary by jurisdiction. The rights of people who consume cannabis include the right to be free from employment discrimination and housing discrimination.