Criminalizing or Legalizing Victimless Crimes - Research Paper Example

? Topic: Lecturer: Presentation: Introduction Victimless crimes are the most controversial in the United States more so because they involve consenting adults hence no complainant. Intense debate goes on as to whether the government should criminalize or legalize victimless crimes and the opponents and proponents have strong points that cannot be ignored. The question that begs answers therefore is, ‘should the government interfere in such matters? It all depends on individual perceptions of victimless crimes as being immoral and disturbance to public order or those who view such activities as exercising personal autonomy and enjoying human rights as entailed in the American constitution Bill of rights (Fernandez, 25). Victimless crimes include such activities as; prostitution, abortion, drug use, gambling, assisted suicide, not wearing a seatbelt, consumption of pornography among others. In some circumstances, the crime is an individual act such as not wearing a seatbelt and sometimes it involves consent by two or more adults to commit a criminal offense such as prostitution in which no other person is involved hence are referred as consensual crimes (Fernandez, 11). Although they are considered victimless, the persons involved are harmed in one way or another hence it is considered a serious public health issue which should be dealt with. Criminalization of victimless crimes has often been considered as a waste of state resources as the desired effects are in most cases not achieved. Hardaway Robert argues that the costs involved far outweigh the benefits since the results are counterproductive. For example, the war on drugs has done little to curb drug abuse as US comprises 5% of world population and consumes 50% of cocaine produced not forgetting the ruined lives of those incarcerated (7). He also notes that Netherlands has the lowest abortion rate in the world despite legalizing abortion whereas Romania has the highest abortion rate in Europe despite its criminalization policies. Richards (1218) also notes that the moral arguments advanced by the proponents of criminalization do not hold any ground as they are contestable. This paper will discuss the legislations passed pertaining to criminalization and legalization of victimless crimes as well as the harms and benefits of such legislations. Left to act like a free market without any form of government interference, victimless crimes can lead to health problems for the individuals involved as well as costs to the society as a whole hence minimal intervention is required to correct failures and achieve public order. History of Victimless Crimes The issue of victimless crimes arose with the prohibition of alcohol and tobacco. The 18th amendment prohibited the manufacture, sale, import and export of alcohol for beverage use (Fernandez, 14). Alcoholic beverages are consumed widely and prohibition thus resulted in search for illegal means of satisfying their needs. Illegal taverns were therefore set up to manufacture the illicit beverages in uncontrolled manner leading to loss of lives, blindness and increased violence. Legitimate brewers were kicked out of the market and the price of the product escalated as the mafia class emerged which controlled the trade. To be able to purchase the illegal drink in the black market, some users resulted to crime hence the growth of organized crime in the US (20). Violence also increased as gangs fought for the control of the lucrative business. Corruption was also evident as government officers aided cartels to operate their illegal businesses without interruptions. Violent criminals were handed down reduced sentences to allow space for convicts of alcohol Due to these negative consequences; the amendment was repealed in 1933. According to Friedman (445), in the early days, prostitution was not criminalized. However, owning a brothel was considered a crime. Adultery on the other hand, was a crime that attracted corporal punishment (Gaines & LeRoy, 5). Fornication was prohibited but was forgivable if the parties involved decided to get married. Though prostitution was not prohibited, the society despised the activity and thus often conducted brothel riots to root out the vice. Prostitution however, was concentrated in some areas often referred as red-light districts. To the Greeks and Romans, prostitution was beneficial because it allowed men who wanted to remain bachelors to fulfill their needs without disturbing married women or potential brides (Richards, 1216). For Christian believers, sex is supposed to be used for procreation and for companionship thus prostitution in their view is immoral and should be prohibited. Prostitution during colonial era was attributed to women hence they were often charged with promiscuity & lewd behavior. Brothels were thus raided and property destroyed but according to Ditmore (38), there was no violence against the prostitutes. However, in the 1820s the community in their attempt to eliminate brothels started being violent against the prostitutes. Prostitution in that era was governed by lewdness and vagrancy laws but there was much discrimination in terms of sex, gender, race and class. Women were treated more harshly than men. Women who were put in prison were sexually abused (43). Urbanization and immigration enlarged the business of prostitution as a result of the many young women left without supervision by the elderly. These young people migrated to cities to work as seamstresses, and laundresses but ended up working as prostitutes to substitute their earnings. To regulate prostitution, several acts were formulated to control immigration especially of the Chinese women who were viewed as criminals (69). It is still illegal in most states except Nevada. The period 1800 to 1900 was characterized by uncontrolled use of medicine. People bought drugs without knowing what they were consuming since the manufacturers were not required to indicate the ingredients used in preparation (Hanson, 93). It was not until 1906 when the manufacturers were required to label the drugs and later give prescription for dugs. Individuals were thus consuming drugs in moderation and no serious consequences were reported. Marijuana was and still is advocated for medicinal use in reducing nausea for cancer patient undergoing chemotherapy, pain relief, and those with movement disorders among others. Gambling on the other hand, has undergone a series of criminalization and legalization. It was mostly outlawed in most states until Nevada legalized it again in 1931 (IBP USA). It was used to raise funds in charitable events but many governments have continuously engaged in lotteries to raise revenue. It is a game of all social classes hence enjoys much support from the public. However, it led to loss of property and was considered as wastage of time hence regulations by the states. For example, in Massachusetts idleness was considered a crime punishable by law (Morse and Ernest, 3). In modern era, gambling is practiced online and between states. Legislations Passed Pertaining to Victimless Crimes The federal state has over time enacted several legislations to regulate victimless crimes and these sometimes conflict with state laws especially on drug use. The major victimless crimes in the US are prostitution, drug abuse and gambling (Fernandez, 25). Prohibition of these activities amounts to violation of liberty but left to free forces, harm can result. They are mostly criminalized as they are seen to be immoral and contrary to societal beliefs. However, proponents of legalization argue that the effect of legalizing alcohol and tobacco is much more harmful than drug use hence it should be legalized just as alcohol was legalized. Through research, it has also been established that the prevalence of the victimless crime declines after legalization and escalates after criminalization (Hardaway, 9). Prostitution Prostitution is prohibited in all states except Nevada. Prior to 20th century, prostitution was not criminalized, it was enforced by vigilante groups who took the law in their hands and attacked and looted brothels and red light districts. Women were regulated by statutes concerning promiscuity and lewd behavior. Women suspected of potential to bear children out of wedlock were chased out of the community to avoid overdependence on others. The punishments for offenders were discriminatory; based on race, gender, religion, and class (Ditmore, 40). Immigration was often associated with prostitution as the immigrants were perceived as being morally loose especially the Chinese. In 1875, entry of criminals and prostitutes was prohibited and this meant the Chinese were among them as they were perceived as criminals. The first prohibition o prostitution was thus the Chinese Exclusion Act of 1882. It limited Chinese immigrants into the US. As a result, the Chinese entered illegally into US. This Act was thus not very effective hence the passage of the immigration Acts of 1903, 1907 and 1910. These were to effect the deportation of any alien prostitutes. The immigration Act of 1903 proscribed a 1-5 years prison term and fine not exceeding $5,000 for an offender. The 1907 Act emphasized on jail term and fines as well as deportation of any alien prostitutes. The 1910 Act, was for the inclusion of managers of brothels or prostitution houses. Any alien found in those houses or involved in management of a brothel was liable for prosecution and deportation (Ditmore, 69-74). Immigrants were continuing to flow into America due to urbanization. Ditmore (70) observes that during this time, young white girls were being abducted and forced into prostitution. The Mann Act was passed in 1910 and prohibited interstate and international transportation of women for immoral purposes. A woman could not travel across state lines with a man or meet with a man as she was liable for prosecution. In New York prostitution is concentrated in red light districts. In Nevada, prostitution has been legalized; women are free to work in brothels where their work conditions are controlled. A man goes to choose a prostitute he wants to spend time with hence the women do not have own choices. Prostitution in counties of over 200,000 inhabitants is prohibited in Nevada. The prostitutes are supposed to register as prostitutes, licensed and be checked by health authorities for any venereal diseases. The prostitutes are also supposed to work for a stipulated time, restricted business hours and their association is restricted (Richards, 1283). The women are therefore vulnerable to exploitation by licensing agencies and are not free to work under own conditions. In some states like Oregon and Boston, prostitutes are prohibited from some cities. According to Net Industries, prostitution is not legalized in those states but is inevitable hence the zoning to avoid spill over of prostitution. Drug Use Before criminalization, cocaine use was legal in almost all jurisdictions and one could consume 2 grams per week (Hardaway, 16). However, it was later criminalized as it was believed to be the cause of increased rape cases of white women by African Americans. Marijuana is also considered as a useful medication for pain relief, nausea, and glaucoma among other ailments. According to research, no deaths associated with marijuana use have ever been reported (13). Criminalization only tends to worsen the situation as crime increases instead of declining. Several federal laws have been put in place to prohibit drug use. These are applicable to all states though states have their own laws concerning drug use. The Harrison Act of 1914 regulated the production, importation, sale and distribution of opium drugs. Use of drugs was eliminated by use of Narcotic Drug Import and Export Act 1922, Heroin Act 1924, Marijuana Tax Act of 1937. In 1970, the comprehensive drug abuse prevention and control act was passed which fore so forfeiture of property used in connection with drug crimes. The drug Enforcement Administration (DEA) is given the responsibility to oversee reduction of drugs in the US (Hanson et al. 93-109). In Nevada, cultivation, delivery and sale of less than 100 pounds of marijuana attracts 1-6 years in prison and a fine of up to $20,000 for first offense. For more than 10,000 pounds the offender gets life in prison with possibility of parole. For medical purposes, individuals are allowed to possess less than one ounce of usable marijuana, 3 mature plants and 4 immature plants. However, sale of marijuana to a minor, sale within 1,000 feet to a school, public pool or youth center is prohibited. An offender gets double penalty for such an offense. Marijuana tax stamps are supposed to be affixed to contraband of marijuana by the possessor (NORML). There is some degree of decriminalization in the state of New York. The sale or delivery to a minor is a crime punishable by 1-7years jail term and a fine of $5,000. The delivery or manufacture of 2 ounces of marijuana is prohibited and liable to 3months in jail and a fine of $500. More than 4 ounces attracts 1-2.5 years jail term and a fine of $ 5,000. It is a misdemeanor to possess more than 25 grams of marijuana (NORML). The state of Colorado summons petty offenders in possession of 2 ounces or less of marijuana and then pardons them. Failure to appear is a misdemeanor liable for 15 days in jail. Possession of more than 8 ounces is a felony punishable by 1-3 years in jail, $1000-100,000 fine and surcharge of $1125. It is a felony also to cultivate, transfer or sell marijuana. Sale to a minor, within 1000 feet of a school is prohibited. Those recommended for use of medical marijuana should possess no more than 2 ounces or more than 6 plants. Hemp is allowed for use in textile, paper, and foodstuffs (NORML). Gambling Gambling is legal in Nevada and attracts a lot of tax revenue for the government. Penalty for simple gambling is a misdemeanor while aggravated gambling is a felony. Gambling on the internet is prohibited. It legalized gambling in 1869 through licensing. However, license fees were too high for anyone to afford hence minimizing the act (Morse & Ernest, 3). Lotteries are however prohibited. Colorado legalizes state lottery, charity games, casino gambling. Simple gambling is a petty crime and internet gambling is allowed. In New York social gambling is allowed. Aggravated gambling is considered a felony and internet gambling is prohibited (IBP USA). Decriminalization Criminalization of victimless crimes has had many negative effects. It leads to increase in crimes as offenders seek ways of satisfying their needs. A study conducted by drug abuse council showed that for every 10% increase in heroin price, crime increased by 2.87% (Hardaway, 9). The users of drugs get involved in property and other crimes to pay for illegal drugs since criminalization leads to increased prices as cartels and gangs manage the industry. ‘In 1974, more than 1/5 of property crimes were by drug addicts’ (Hardaway, 1). The war on drugs has also led to neglect of other crimes such as murder and rape. Offenders are released to pave way for drug offenders hence go back to the society to commit more crimes. Gang violence is also evident as the fight for control of trafficking of drugs and prostitutes and in enforcement of the law. It also leads to organized crime in areas where the victimless crimes are illegal. The state also incurs a lot costs trying to manage the crimes. These huge amounts could be used to rehabilitate or treat the victims and educate them on the dangers of gambling, prostitution and drug use hence minimize the activities. For example, in drug war costs are incurred in use of spy satellites, use of helicopters by troops not to mention revenue lost when legal businesses are replaced by illegal trade (Fernandez, 15; Hardaway, 1). Criminalization is also seen as an infringement of individual rights. Victimless crimes do not harm anyone except those involved in consensual acts. Individuals also have the autonomy to decide what to do with their lives. If an individual has made a free and informed choice that he/she wants to be assisted to die incase of unbearable pain due to a chronic illness, there is no reason why it should not be permitted (Gaines & LeRoy, 5). Some drugs such as marijuana have also proved to be effective in curing diseases such as movement disorders, nausea due to chemotherapy, glaucoma among others hence should not be criminalized. Prostitutes engage in the trade due to economic constraints which the government should be able to remedy instead of treating them as criminals. Legalization of victimless crimes is a source of revenue for the government through licensing and other regulatory measures. However, it leads to political corruption and exploitation. Women who are jailed for prostitution are sexually exploited by the police officers and also they are exploited by licensing agents while trying to acquire licenses. Women are also not free to work under their conditions, they are subjected to brothels where they are exploited and feel degraded. Victimless crimes should therefore be decriminalized. Individuals should be allowed to do what they feel is right. The forces of the market will make act reasonably and protect themselves. Reason for criminalization is to curb venereal diseases but if the prostitutes are left to compete, none would like to infect clients with diseases as they would lose clients. Research has also shown that prostitutes account for less than 3% of STDS. Victims can join unions and cooperatives to enable them manage their activities. Drug users if left free can also regulate their dosage and not be motivated by its illegality. Furthermore, before criminalization of drugs, individuals used to buy them over the counter. However, a little intervention by the government would be required to monitor and correct any failures in the system. References Ditmore, Melissa. Prostitution and Sex Work. California: ABC-CLIO, LLC, 2011. Fernandez, Justin. Victimless Crimes: Crime, Justice, and Punishment. USA: Chelsea House, 2002. Friedman, Lawrence. A History of American Law: Third Edition. New York: Simon and Schuster, 2005. Gaines, Larry and LeRoy, Miller R. Criminal Justice in Action: The Core. USA: Cengage, 2010. Hanson, G., Peter, V., Annette, F. Drugs and Society. Jones & Bartlett Learning, 2006. Hardaway, Robert. No Price too high: Victimless Crimes and the 9th Amendment 2003. Westport, CT: Praeger. IBP USA. United States Gambling Industry Laws and Regulations Handbook. USA: International Business Publications, 2007. Morse, Edward and Ernest, Goss. Governing Fortune: Casino Gambling in America. USA: University of Michigan, 2007. Net Industries. “Prostitution Regimes of Prohibition, Criminalization, and Regulation.” 3 Aug, 2011. http://law.jrank.org/pages/1880/prostitution-Regimes-prohibition-criminalization-regulation.html NORML. “State by State Laws.” 4 Aug, 2011. http://norml.org/index.cfm? Group-ID=4516. Richards, David. “Commercial Sex and the Rights of the Person: A Moral Argument for the Decriminalization of Prostitution.” The University of Pennsylvania Law Review 127. 1195 (1979): 1203-1287. Scheb, J. Criminal Law. 5th ed. USA: Cengage, 2009. Read More