Victimless Crimes and Their Impact on Society and Law Making - Research Paper Example

? The Evaluation of Prostitution, Gambling and Drug Use as Victimless Crimes and their Impacts on Society and Law Making Outline Introduction The Case of Prostitution The Position of Gambling The State of Drug and Narcotic Use Conclusion Introduction The word crime can basically mean a straightforward and literal connotation that it is anything that is against the law. Nonetheless, such definition is really not sufficient for the reason that there is certainly much more to than just that. The case is that a crime involves a wide ranging social process. Crimes in any form were meant to give way to such disorder and disorganization in the society. According to Comack and Brickey (1991), society had formulated its own law on having a definite social basis which both functioned to shape and to be shaped by its particular society. Likewise, our society had its own basis on what to consider a criminal behavior. In every criminal act, the inflicted harm to any members of society is what matters most. Thus, this indicates that harm is the very principle of crime (Hall, 1960). Nonetheless, despite the idea that harm is the very essence of a criminal act, the concept of having crimes with no victims does exist in our society. In fact, such concept of victimless crime has been the concern of the legal and sociological debates since the 1960s (Schur, 1965). A victimless crime is characterized by having unharmed any third party in the incidence of criminal act (Schur, 1965). Such instance involves no willing participant to report and complain against such offenses (Schur, 1965). Given that a criminal activity has the feature of harm as its very essence, such concept of victimless crime is subject to discussion. In this regard, the goal of this paper is to evaluate victimless crimes and its impacts on the society and law making. Specifically, three sorts of victimless crimes such as prostitution, gambling and drug use are looked at in order to assess the effects of such victimless crimes on our society. Also, since harm is the very essence of crime, this paper also reviews the positions of prostitution, gambling and drug use if it is really the case that such can be considered as forms of victimless crimes. The Case of Prostitution According to Lockett (1990), there are about 1 per cent of American women who at some points have ever sold their bodies in which prostitution has been their career for an average length of four years. In approximation, there are one million women and girls who sell their body for sex (Miller, 1991). However, about 100,000 women and girls have been arrested yearly due to prostitution (Miller, 1991). The case of prostitution is one among the considered victimless crimes in our society. This is for the reason that the said criminal behavior does not involve any participant who is unwilling to commit the said activity of paid sex. The act includes two participants in which one sells her body for sex while the other pays to the services of the prostituted women. Kesler (2002) posits that the activity satisfies the financial needs of women while it is serving the sexual needs of men. According to Coomaraswamy (1997), the case of prostitution is even more becoming standardized and regulated as an individual choice. To engage in such paid sex is considerably a private matter between two consenting adults (Coomaraswamy, 1997). In this regard, such activity is regarded to be a victimless crime. Nonetheless, prostitution as the planet’s oldest profession is in fact the oldest oppression that exists in the world (Malarek, 2009). The idea that the case of prostitution is a victimless crime is a misconception. The reality is the primary victims of the act of prostitution are the prostitutes themselves. In addition to that, portraying prostitution as a victimless crime continues to overlook the violence and abuses that women suffer here in the world (Malarek, 2009). Miller and Schwartz (1995) stated that women who engage in prostitution are in a unique position to suffer the different impacts of various forms of attitudes which result to violence against women. It is also the case that these attitudes tolerate the ignorance of society in such violence (Miller & Schwartz, 1995). According to Farley and Kelly (2000), the vast majority of women have suffered from being harassed, dominated, assaulted and battered in prostitution. This is because prostitution is a sexual terrorism of that sort in the hands of men (Malarek, 2009). In fact, a number of prostituted women are murdered each year (Farley & Kelly, 2000) though it is the case that only little efforts are being done to bring to an end the killings of these women (Malarek, 2009). Based from the Canadian Centre for Justice, in 1997, about 6 in 10 prostitutes were killed by johns, pimps, drug related incidents, as well as their husbands or common – law spouses between 1991 and 1995. Aside from the carnage, Miller (1993) figured out in his study with regard to prostitution, that there are about 9 out of 10 prostituted women who have suffered from sexual assaults of that sort; there are 4 out of 10 who were just forced to engage in sexual activity; there were about 8 out of 10 who had been raped by their clients; and over half among prostituted women had even been robbed. This only goes to show the falsehood that not all cases of prostitution is a form of consensual sex between adults. This only evidences the fact that prostitution is a not certainly a harmless activity because the prostitutes themselves are at a much higher risk for violence of any sort. Aside from these, prostitution impacts the society through assisting the spread of the deadly and highly stigmatized diseases such as human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS) and other sexually transmitted infection (STI). According to Brofman, Leyva, Negroni and Rueda (2002), instances that contribute to the transmission and augments the risk of transmission of STI/HIV are the cases of sex for survival, non – professional commercial sex, transactional sex and rape because of the infrequent use of condom for protection as well as the engagement in multiple partnerships (excluding instance of rape). This makes prostitutes vulnerable in acquiring the sexual disease. Moreover, the effects of prostitution in our society have called for the government to hold a strong position against prostitution. In fact, in the December 2002 National Security Presidential Directive, the government of United States of America demonstrated an ardent take against the legalization of prostitution because of the evidences that such is clearly and innately detrimental and dehumanizing as well (US Department of State Bureau of Public Affairs, 2004). Also, it is the case that such is a form of slavery in the contemporary world. On the one hand, prostitution is also a damaging feature of different institutions of society. Sex should be viewed within the context of marriage. Malinowski (1960) stated that sex should be organized within the social forces of marriage as an institution of society. According to him, one of the rules being considered is that of the rules of religion. Under Christianity, sex is definitely perceived and regarded as exclusive to marriage as in the Christian monogamous standard. In this regard, prostitution affects the society through damaging the institution of marriage, family as well as religion. It also impacts the educational system since religion and family ideals are what primary teachers use for students to look up as an example. Aside from that, it affects the institution of health through spread of sexual diseases. It also affects the economic system. In addition to that, aside from the disease, the government is also disturbed by the violence that the women experience from prostitution and the seemingly chaotic order of society. Besides, more importantly, the prostitutes are the primary victims of prostitution. The Position of Gambling Another form of what people used to refer as victimless crime is gambling. It can be observed that gambling has held its fame in the American society. It has even become a leisure activity for some people. Some have used to consider it as parts of their everyday lives. Based on the definition of Blaszczynski, Walker, Sagris and Dickerson (1997), gambling is the act of staking money or wagering some items of material value in a specific event with the given objective of winning money or material goods though the outcome is not certain for the reason that winning is determined by chance. That is to say, gambling is certainly a game of chance. Gambling has diverse forms of activities namely gaming, betting, lottery and speculation. The first type, gaming, is considered as the trading of some selected items of material value or money depending on the game result. Games like cards, roulette and electronic gaming devices are included in the first type. Betting, the second type, is pertaining to the placing of wagers on the anticipated or believed winner of the not yet finished events like race, sports, and others. The third type, lottery, is categorized by paying of money in order to play a part. Here, the winners are chosen through the means of randomly drawing of lots. Lastly, speculation, is described as the investing of money in different activities like stock market, insurance, as well as in business ventures (Blaszczynski et al. 1997). Nonetheless, with the improvements of technology, gambling has changed resulting to an increase of availability and accessibility to its different forms. Gambling has changed from the traditional forms to the contemporary instant scratch lotteries, online poker, electronic gaming devices like video – draw poker and the like. In this manner, such is a multi – faceted activity. Meanwhile, the degree of involvement that one has exercised in such activity is driven by a number of aspects such as the biological, psychological, cultural, economic and social features. With the likely outcome of winning more money, people are putting at risk their own money. In the arena of gambling, if one wins more money, it is good while when one loses more money, it is bad, of course. Blaszczynski et al. (1997) suggested that there are some people who engage on gambling as a part of their leisure activities. For them, it has been a form of recreational activity. For the Centre for Addiction and Mental Health (CAMH, 2008), the issues challenging gambling are not just about losing money but in fact, taking into consideration the level of involvement, its overall consequences can affect one’s entire existence. Gambling can also ruin the psychological, physical and economic health and can damage a person’s reputation. It can impact the way one work or performs in school or other activities. It is also the case that it can lead to social dilemmas on interaction with family or friends. Moreover, the issues confronting gambling occur in various levels. It can range from mild and to a severe intensity. There are cases where people who overly gamble suffer the negative consequences such as experiencing physical, mental, financial, and social problems (CAHM, 2008). On the one hand, Rosenthal and Lesieur (1992) perceived gambling as an addictive disorder. It is addictive due to the fact that gamblers are inclined to have strong dependence on the activity. Their addiction is characterized by their lack of control over their behavior towards gambling. On the one hand, gambling is legally limited, controlled and regulated in United States though it can be observed the growth of its availability, forms as well as participation in the said act. Based on the American Gaming Association (2007), United States of America had earned a total of $92.27 billion from the gross revenues generated from gambling activities. In this case, it can be observed that gambling is only considered as a crime in the states which prohibit it though each state has the power to authorize gambling activity. Gambling is not really perceived as a crime. It is just regarded as a crime on specific states of United States. Even though the government has different takes on gambling such as considering it legal in some states while regarding it as illegal in the others, gambling activity is not in fact victimless as it seems. First and foremost, the gambler put at risk himself or herself in the activity. When suffers from loss in the game of gambling, people would gamble again just to regain what they have lost. Like drugs, gambling is addictive in which there are even cases that the gambler lacks control over his or her behavior towards gambling. Such is a destructive cycle. Its impacts are damaging not only oneself but extend up to the different institutions of society like family, church, workplace, school, economic system and the whole government as in general. Sometimes, the consequence of gambling even encompasses the collapse of social institutions like family. Indeed, gambling has its particular victims which may be directly or indirectly harmed on the processes of engaging in the said addictive activity. The State of Drug and Narcotic Use Drug and narcotic use is strictly prohibited in the United States. It is unlawful to possess and use any forms of drugs. The prohibition of drug use is because of the fact that it functions to shape the order of society. Despite this fact, the case of America is clearly a representation of a country which has gained so much money from the illegal drug markets in the world (US Customs Service). On the one hand, the abusive use of narcotics and other drugs is also regarded as a case of victimless crime. That is because drug use is predominantly a choice of individual. First and foremost, the idea that no victim is affected in drug abuse is due to the fact that why would someone engage in an action in which he or she can be the own victim of his or her action. Nonetheless, the state of drug abuse being a victimless crime is doubtful because the engagement in such action is a form of inflicting harm to oneself. According to Cartwright (1999), the impacts of drug abuse in the society are massive and wide – ranging. Initially, the first victim of drug abuse is no one but the drug abuser. Drug is known to alter the states of consciousness among human beings. That is to say, the intakes of drugs affect the mental functioning of individuals (Newcomb, Scheier & Bentler, 1993). In fact, psychiatric impairment is commonly observed among individuals who abusively intake drugs (Bukstein, Brent & Kaminer, 1989). Ghodse (1995) suggested that habitual usage of stimulants like amphetamine and cocaine can cause anxiety, psychotic symptoms and even paranoid behavior among its users. Aside from the psychological effects of drugs among its abusers, abusive substance use also damages individuals through attacking the physical organs of a person. Due to the effects of drug misuse on the mental capacity of individuals, the harmful consequences extend up to the society as a whole. As a matter of fact, there are wide array of researches which have evidenced the existing relationship between illegal drug use and other criminal activity (Tonry, 1990; Zimring & Hawkins, 1999). A number of researches suggest that drug misuse itself is related to a criminal behavior. Some also imply that substance abuse explains crime. However, through these links, it is suggested that drug use and crimes are connected. Aside from the driving influence of drugs and narcotics to crime, it is the case that there is no direct causal association between drug misuse and crime. Meanwhile, in a study conducted by Jamieson, Mclvor and Murray’s (1999), they found out that there is a strong link between young people’s use of drugs and their offending behavior which includes thefts, housebreaking as well as physical assaults. They suggested that contribution of their offending increases intensely as they age. On the one hand, the dilemma of substance abuse is also the dependency to such drugs. Given this, drug abusers may need to finance their inevitability to drugs. In this regard, some young drug abusers are involved in acquisitive crimes through theft, selling properties even authorized or unauthorized, engaging in prostitution and others. According to NTORS (1999), drug addiction is connected to about 3 to 5 out of 10 cases of acquisitive crimes. From this overview, it can be said that drug – related crimes are non – violent because of its cases like housebreaking, forgery, theft, shoplifting (Chaiken and Chaiken, 1990) and prostitution (McKeganey et al, 2000). On the one hand, drug – related crimes also involve violence. In fact, according to South (1997), serious forms of drug – related crimes encompass money laundering, large – scale trafficking and murder. That is for the reason that, the effects or after – effects of drug misuse can trigger violence. Such violence can also be used as a means to obtain money in order to get drugs. In this regard, drug abuse is not in fact a harmless activity. This is first and foremost, the one who misuses drugs and other narcotics is damaging oneself through a number of ways. Aside from this, the impacts of drug abuse extend up to the society through varying degrees of illegal conduct. Misuse of any drugs impairs the mental capacity of an individual until it totally takes over once sense of control. Since use of drugs is a highly addictive activity, individual who would want to have drugs would engage in such varying criminal behaviors from theft to murder. As a result, it can be witnessed how drug abuse can damage one’s life and even his or her family, work, and everything. In this regard, he or she can even be considered as a danger to the harmony of society. In order for the society to maintain stability, those who possess and use drugs and other narcotics are punished by the law though incarceration. Conclusion Indeed, it is the case that harm is the very essence of crime. Nonetheless, in our society, there are forms of crimes which are considered to be victimless. That is to say, there is no one harmed in the instance of the criminal activity. However, in the analysis of victimless crimes, considering prostitution, gambling as well as drug and narcotic use as victimless crimes is a myth. In the evaluation of prostitution, gambling and drug use as forms of crime, the primary victims of those activities are no one but themselves. It may be the case that they are the ones who have decided to engage in such activities; however, they are the victims of their own actions. In addition to that, the effects are not just on them alone but extend up to the different institutions of society. These impacts to the society are intensely damaging because it causes social disorder. Given this, the laws of society consider such activities to be forms of crime. There is no such thing as victimless crime. It is nothing but a myth. Prostitution has the prostitutes as the primary victims. Indeed, they may be benefitting financially in exchange of sexual intercourse. However, the prostitutes suffer from different kinds of abuses. These women are dominated, physically hurt, raped and sometimes, they are even killed. This is greatly a concern in our society because of the fact that such incidences are contributing to social disorder. Aside from that, it is the case that paid sex ruins the institution of marriage, family, church and others. On the one hand, the case of gambling may be a form of leisure but it is highly addictive. The effects can be very mild to be very severe like that of affecting the social relations i.e. family, workplace, and others. Aside from that, bankruptcy can also be an impact. Some even choose to kill themselves because of being so much addicted to gambling. Lastly, drug use victimizes not only the drug abuser but it impacts the society as well. Drug can alter the consciousness of individual. Being so addictive, the drug addict can engage to different forms of crime just to sustain their needs of drugs. Thus, it is the case that these criminal behaviors affect not only at the individual level but also the social level as well. That is why, there is a need to prohibit and consider such activities as crimes. References: American Gaming Association (2007). Industry information: fact sheets: statistics: gaming revenues for 2007. Retrieved from Blaszczynski, A., Walker, M., Sagris, A., and Dickerson, M. (1997). Psychological aspects of gambling behaviour. The Australian psychological society, 1 -31. Bronfman, M.N., R. Leyva, M. J. Negroni, and C. M. Rueda (2002). 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