Comparative Criminology - Prostitution in China and the USA - Essay Example

?Topic: What are the aims and limitations of comparative criminology? Illustrate your answer through a comparative analysis of the nature of either aparticular type of crime or aspect of justice in two or more countries. [Name of Author] [ID #] [Module Title] [Module Leader] [Module Code] [Total number of pages = 12] Comparative Criminology - Prostitution in China and the USA I. Introduction Criminal activities and felonious behaviour are ubiquitous features of society and are synonymous with all cultures; however, perceptions and interpretations of crimes are subjected variations as a result of different cultures. The study concerning the difference and similarities between criminal activities and patterns in various cultures is known as “Comparative criminology”. Comparative criminology is a social science that can be viewed from two dimensions defined by two broad angles of research. (Manheim, 2003) Due to the global nature of the criminal activities, criminologists have emphasized on the need of establishing and studying the nature of crime and justice, in order to understand human behaviour and how criminal and felonious behaviour perceived and executed according to the variations in cultures and traditions. However, due to the rapid process of globalization, the cultural gaps between countries and even the legal procedures are becoming even more uniform as a result. (Aas, 2007) In order to study criminal and judicial procedures, criminologists often adopt a positivist approach; which relies on generalizations in order to gain insight into the subject, and paves way for further research and investigations. Positivist theory regarding criminology is based on scientific approach to identifying the origins of criminal behaviours. In other words, without generalizations studying criminology will be a tedious task and would give rise to relativism; which would make comparative criminology questionable, if scientists strictly adhered to the notion of “crime as a cultural construction”. (Beirne, 1990 cited in Maguire et.al, 2007, p. 150) Positivist approach is largely based n identifying and explaining criminal behaviours across cultures however, when criminologists are seeking to explain differences rather than similarities, they adopt an “Interpretavist approach”. The interpretavist approach is sceptical of universal interpretations and brings the variations as a result of cultures to surface. Interpretavist approach is based on orientalism whereby, they focus more on bringing out the differences. On the other hand, positivism is based on Occidentalism that denies differences and aims on establishing generalizations and similarities. (Maguire et.al, 2007 & Cain, 2000, 239-260) Therefore, the aforementioned approaches to the subject have been deemed very useful in further elaborating it; however, using an example to demonstrate the subject will provide empirical evidences and knowledge regarding the subject. Therefore, in order to shed greater light on the matter, the following substance of the prose will examine the exact nature; similarities and differences between the criminal behaviour as a result of cultural and epidemiological variations. (Cain, 2000, 239-260) II. Prostitution in China and the United States of America Prostitution is the act of providing sexual services in return for a monetary payment, and is one of the oldest known professions. Individuals involved in this profession are called ‘prostitutes’ and the legality of this activity varies from country to country. Prostitutes and brothels, which are special establishment that are the foreground of prostitution, pervade societies from the world over. Though, it exists in every society and culture but the main focus will remain on China and America. As it is mentioned earlier, prostitution is one of the oldest known professions; therefore, the most fundamental similarity between both countries would be that the sex industry has been in existence for a very long time. In both countries, women are largely involved in prostitution cases; though, in the last few decades male prostitution has also surfaced and they also include people who have immigrant status in the country. The sex industry in China and the United Stated of America has been on boom, prior to the massive attention it has attracted from the media and the way it is portrayed by them. (Dougherty, 2006) After the communist revolution in China, the ruling faction in China established a resolve to eradicate prostitution and brothels from China, a social issue that had become quite rampant in both urban and rural regions of the country. There was a major revolution throughout the nation in order to rid the society of prostitution, which had become ubiquitous all over China during the imperial era. In contemporary China, women from all kinds of social backgrounds are involved in prostitution. In case of immigrants, a vast majority of women from Russia, North Korea and Vietnam are actively involved in prostitution. (Henriot, 2001, p. 10) The practice of prostitution, pimping and the ownership of brothels is vastly criminalized as according to the Chinese legal framework, prostitution is defined as a social practice that repeals “a woman’s inherent right to personhood”. Prostitution in China has been criminalized but is demoted to the status of a misdemeanour, unless the individual in question suffers from a disease or is a minor under the age of 14. This sort of activity is punishable by a warning along with a fine of 5000 Yuan, including the involved individual signing a “statement of repentance” and is re-educated through labour or the individual is imprisoned for 15 days. (Dougherty, 2006 & Borge, 2005, 129-131) However, despite the legislations against these activities according to studies and researches there are as many as 10 million active prostitutes in China and they make immense contributions to the country’s Gross Domestic Product (GDP) and the dynamics of the sex industry in China is a highly complex and intriguing one. In order to gain insight into the nature of this crime in China, it is vital to explore the system first. The prostitution system in China is actually divides into a seven-tier system. The first-tier and second-tier prostitutes are called “Second wives” and “Packaged wives”, respectively; it involves women entering into a contract marriage. (Borge, 2005, 129-131) These types of prostitutes are only approached by people high-profile clients and usually besides monetary benefits; they get other favours from their clients as well, which involves a house, monthly allowance and gifts. First-tier prostitutes that is ‘second wives’ may try to become ‘real wives’. Whereas, second-tier prostitutes are under a contract and only accompany high class customers for a short duration of time; for instance during a business trip and may receive their payments and additional benefits accordingly. The aforementioned ranks of prostitutes are highly paid and they have attracted heated debates from feminist groups, particularly All-China Women’s Federation that aims t eradicate this form of “concubinage”. Moving along the hierarchy of prostitutes, third-tier prostitutes are women who provide their sexual services to men karaoke bars and dance venues. Such hostesses engage drinking, dancing, chatting and if the client is willing, they engage in sexual intercourse with them. Fourth-tier prostitutes get their customers by calling clients in their rooms in a given hotel. Fifth-tier prostitution is usually carried out in venues such as salons, beauty parlours, saunas, bathhouses, and health or fitness centre. Women involved in this kind of prostitution usually provide their services under the guise of a masseuse or hair stylist; the most common practises in these venues other than engaging in sexual intercourse are oral sex and masturbation. Sixth-tier prostitutes are street prostitutes and solicit clients off the streets. And finally seventh-tier prostitutes, represents the lowest category of prostitutes and is a straight-forward exchange of sex for money. Women belonging t the last two tiers of prostitution are the lowest paid and are vastly illiterate; they belong to very low socioeconomic strata, provide their services for very meagre amounts and also carry various venereal diseases. The presence of a hierarchy of prostitution is representative of the fact that the Chinese society is highly divided along classes and the amount of money made by prostitutes is determined by the tier they belong to. The most common form of prostitution that pervades the Chinese society is fifth-tier, as the girls are from rural districts and are managed by their leader or madams, who provide them with customers and take care of their other needs. On the other hand, the social phenomenon of prostitution is not as complex as that in China. Due to the differences in the government structure of both nations; due to the fact that America is administered by a federal form of government, each state is responsible for its own governance. Therefore, each state is given the latitude to decide whether or prostitution should be criminalized or not. In the United States of America, all states; with the exception of Nevada, has criminalized the buying and selling of sexual services. Even in the state of Nevada, prostitution is legal but highly regulated by the law and individuals involved in these activities are subjected regular health check-ups and it is further ensured that person providing the service is not a minor below the age of 18. (Siegel, 2008, 408-410) Just like the states differ in legal stances on prostitution, the punishment for the offence is also different. Just like China, some states have demoted the act prostitution as a misdemeanour; therefore the penalty for this is not so harsh. However, a typical punishment for engaging in the act of prostitution largely entails a warning, a heavy fine of $6000 to $15000 and imprisonment up to 10 to 30 years; and this varies according to how the individual was involved in the act. Unlike the Chinese seven-tier system of prostitution, the American system is very straight-forward and thee are essentially five types of prostitution. (Siegel, 2008, 408-410) The most common type of prostitution that exists in America is ‘street prostitution’ whereby women solicit their clients and the activity is usually concentrated in some parts of the country. Escort or out-call prostitution pervades all parts of the country and include independent individuals or people working for escort agencies, who get their clients through advertisements under the name of “bodyworks” and provide their services under the guise of ‘massage services’. This is somewhat like fifth-tier prostitution China and the amount of money made by individuals involved in this type of prostitution is largely dependent upon their appearance, race, age, sex, experience, type of service rendered and location. Strip-club prostitution is also highly common; both women and men are actively involved in this type of prostitution and are exploited by the club owners. They are operated openly in the State of Nevada due to its legalization by the State Constitution. Though, brothel prostitution is largely illegal and this kind of prostitution is only done under the guise of salons, saunas, spas and massage parlour. Brothel prostitution is now more rampant in big cities; however the sex industry is not restricted to these methods and ever since the advent of the interest, there has been a significant rise in prostitution. Internet prostitution is fairly a novel way for the selling and buying of sex and there are numerous websites that are operated for this purpose. It is highly organized and the sex providers are listed according to their race and sex, so that the client can choose whatever he wants easily. Currently around 200 to 300 girls are in their database and provide their services accordingly; their pictures are given up online, but they are not sexually provocative and are just pictured wearing revealing attires. The websites include a list of acts the girls are willing to engage in and are charged for their services on an hourly basis. (Earl & Sharp, 2007, 35-38) III. Comparative Analysis Having discussed the dynamics of the crimes and how exactly they are carried out in the respective regions, the comparisons can now be effectively drawn. Though, the American prostitution system is not divided in a hierarchy but the social divide is more pronounced in the Chinese seven-tier system. Illegality in both countries is the most common factor between the two countries and the fact that both nations have deemed the offence a misdemeanour as opposed to a criminal offence. However, due to the difference between the modes of government between the two countries, the legislation varies from state to state in America but all states except for Nevada have criminalized it. Concerning the epidemiological variables involved in the crime is also similar, as it is largely women and there is vast majority of immigrants involved in these acts. However, having done a positivist analysis regarding the prevalence of the crime, it is important to highlight the differences as well; in other words an interpretavist approach needs to be applied as well in order to gain ample amount of insight into the subject. From an interpretavist perspective, the social perception of the crime varies greatly. Using marriage as a pretext to sell in not synonymous within the American prostitution system and is only rampant amongst the first-tier prostitutes in China. (Choper, 2001 & Dougherty, 2006) In America, there is a heated debate concerning the decriminalization of prostitution as people have often argued that as long as the exchange of sex for money is done between adults of consenting age then it should not be criminalized. According to the constitution that grants every male and female American the freedom to express themselves and act then there criminalization of prostitution can be deemed as unconstitutional. Over the decades, there has been numerous arguments concerning this and people have often stated that being moral or immoral is a personal choice and should not be determined by the law. Therefore, the American government focuses on regulating prostituting as opposed to eradicating it completely. (Choper, 2001) The Chinese government has an entirely different stance on this; prostitution is not deemed as a constitutional right or a personal choice but an act that abrogates a woman’s personhood. Therefore, there is a clear distinction between the cultural perception of both countries is lucid from the aforementioned argument. Though, in essence the nature and the ways in which the act is carried out are extremely similar but the mindset of the people in which the act is approached is very different and defined by a strong cultural impact. IV. Aims and limitations of Comparative Criminology Comparative criminology actually works to eradicate the ethnocentricism by analysing and highlighting the similarities in the criminal nature of people. It is a highly effective method of bridging the gaps between various cultures and nations by using the most synonymous factor in all societies that is crimes and misdemeanours. Researchers have concluded and propagated the notion that the main objective of comparative criminology is to establish relations between cultures by constructing cross-cultural generalizations regarding crimes and criminal behaviour. (Natarajan, 2010, p. 487) Comparative criminology is meant to enable researchers define and explain the etiology and epidemiology of criminal behaviour; and how to tackle them. Comparative criminology is also designed to study the effectiveness of various crime control strategies. Comparative criminology enables researchers to propose theories in order to avoid discrimination and pave the course of justice. However, there are countless limitations involved in Comparative Criminology and it practical applications. (Natarajan, 2010, p. 487) With the copious amounts of data that has been collected regarding comparative criminology; it has been found out that despite the many advantages, comparative criminology may still have numerous structural limitations. Such as, instead of reducing ethnocentricism amongst people, it may promote it unconsciously. Widespread generalization of criminal behaviour may result in racial profiling and stereotyping and the fact that comparative criminology is largely based on theoretical evidences and there is great need for empiricism in the subject in order to gain more insight. Due to the degree of research done in the area, there is not much data regarding the matter and the subject is too narrowly defined. Therefore, the limitations are basically the result of lack on information and research regarding the subject. (Howard & Newman, 2001, p. 61) V. Conclusion In conclusion, comparative criminology is a highly intriguing subject and gives great insight into the cultural, practices, and perceptions. Hence, by establishing a detailed comparative analysis they can effectively work to eradicate the various factors that trigger racial segregation and gaps between the people in a country and between countries as well. This fact is clear from the aforementioned example of prostitution in the United States of America and China, and it can be clearly seen that the differences are infinitesimal and the only key difference is that of perceptions. (Howard & Newman, 2001, p. 61) However, there needs to be more research and investigation regarding comparative criminology in order to gain substantive insight into the matter. As mentioned earlier the present data is too restricted in order to establish any stance on the subject. Bibliography Aas, K. (2007). Globalization and Crime. SAGE, London (chapters 1, 6 & 8) Bakken, B. (2005). Crime, punishment and policing in China. Rowman & Littlefield, Lanham. P.p 129-131 Cain, M. (2000) ‘Orientalism, Occidentalism and the sociology of crime’. British Journal of Criminology, 40: 239-260 Choper, J.H. (2001). The American Constitution: cases, comments and questions. West Group, Minnesota. Dougherty, N. (2006). Prostitution in Contemporary China: the Case of Shanghai Jiading. M.A. Dissertation. Lund University, Sweden. Earle, S & Sharp, K. (2007). Sex in Cyberspace: Men who pay for sex. Ashgate Publishing Limited, Burlington: P.p 35–38 Henriot, C. (2001). Prostitution and sexuality in Shanghai: a social history, 1849-1949. Cambridge University Press, United Kingdom: p. 10 Howard, G.J & Newman, G.R. (2001). Varieties of Comparative Criminology, Volume 8. BRILL: p. 61 Maguire, M et.al. (2007). The Oxford Handbook of criminology. Oxford University Press, United Kingdom: p. 150 Manheim, H. (2003). Comparative Criminology: a text book. Routledge. P. 507 Natarajan, M. (2010). International crime and justice. Cambridge University Press, United Kingdom: p. 487 Siegel, L. J. (2008). Criminology. Cengage Learning, Kentucky: P.p 408-410 Read More