The Various Types of Victimless Crimes - Research Paper Example

? Victimless Crimes of the of the College June 7, Victimless Crimes Victimless crimes are generally understood as consensual crimes where no third party is directly harmed or involved. Consenting adults are involved in victimless crimes and as a result none of the participants complain regarding the crime. As such, criminalization of victimless crimes has given rise to heated discussions and debates. However, victimless crimes raise questions regarding the preservation of the moral and social codes of the society. Very often, victimless crimes go unnoticed as they are committed in private away from public visibility. Similarly, as no third party is harmed by the act no one is interested in protesting against it or complaining to the police regarding the crime. Even though there are so many types of victimless crimes the most commonly identified crimes are gambling, drug use, pornography, prostitution, and homosexuality. On the other hand, there are many who regard victimless crimes as offences against the community as these violate the community’s moral codes. While victimless crimes such as the possession of banned drugs for personal use or consensual sex between two teenagers apparently do not harm any third parties these have negative impacts on the overall functioning of the society in the long run. This paper seeks to explore the various types of victimless crimes, unearths the underlying theories that govern victimless crimes and points out the relevance of criminalization of victimless crimes on the society. The criminalization of victimless crimes has evoked a number of responses regarding its legitimacy as well as state’s exercise of power in prosecuting such crimes. There are many who regard victimless crimes as legitimate; for them, it is quite illegal for the state to exercise its power to prosecute citizens who indulge in victimless crimes. On the other hand, the advocates of criminalization of victimless crimes believe “that heavier penalties and enforcement of such laws will result in greater compliance” (Hardaway, 2003, p. 7). For Fernandez (2002, p. 11), victimless crimes involve “the prosecution and punishment of acts for which there are no complainants, acts which often involve two consenting adults, acts which some substantial part of the population regards as legitimate.” Adult involvements in drugs, gambling, and prostitution are the three most common forms of victimless crimes and all these crimes are consensual crimes that take place with the consent of all parties involved in it. In the same way, many researchers and scholars have pointed out that criminalization of victimless crimes culminated in adverse effects in the past: “…. the costs of criminalization too great and the results not only minimal but actually counterproductive to the professed goal” (Hardaway, 2003, p. 2). For instance, the prohibition of drinking alcohol in the United States in the 1920s turned many social drinkers to criminals and contributed to the growth of organized crimes (Fernandez, 2002, p. 13). Thus, it can be seen that criminal laws aimed at punishing victimless crimes often led to more crimes and violence. Similarly, the prosecution of victimless crimes raises key questions about the exercise of one’s individual freedom. When the state prosecutes and punishes victimless crimes it tries to impose certain moral values on its citizens; while punishing victimless crimes the state “seems to be legislating morality rather than respecting the exercise of individual freedom” (Fernandez, 2002, p. 11). When the state prohibits consensual crimes it encroaches upon the concepts of liberty and freedom of expression guaranteed by the constitution of the nation. The question is whether the government should uphold the moral standards of the society or the personal liberty of its citizens. Veneziano, in this respect, purports that “if the individuals involved are consenting adults, they should be free in a democratic society to engage in these behaviors, even if that conduct should be unwise for the individual” (Veneziano). According to this perspective, the state or the government has no rights either to enforce morality or to force its citizens to follow certain standards of behavior that curtail their freedom. On the other hand, if these victimless crimes are permitted and go unattended this would result in societal disorder or dysfunction in the long run. Theorists who try to criminalize victimless crimes argue that such crimes not only endanger the participants but also cause harm to the community. For instance, laws such as those prohibiting race car driving, trapeze acrobatics, coal mining, and skydiving are aimed at preserving the lives of the participants themselves whereas prohibiting public smoking is aimed at reducing the harm done to the public. The state has a legal responsibility to prevent the spread of the adverse effects of victimless crimes to the public. Hardaway makes this clear when the author purports that “victimless crime focuses on the nature of the consensual activity prescribed and addresses the issue of harm to others than those engaged in the consensual activity” (Hardaway, 2003, p. 21). Thus, it is the responsibility of the state to ensure that no one suffers from the ill effects of passive smoking. To conclude, it can be stated that even though victimless crimes seem to be affecting only the willing participants these have negative impacts on the total functioning of the society as well. Any society will cease to exist unless and until it safeguards certain moral codes and values. Therefore, it is imperative that there are sound legislations that criminalize such victimless crimes that would threaten the smooth functioning of the society. It is also essential to create more of social awareness regarding victimless crimes so that the society keeps vigil over such crimes. References Fernandez, Justin. (2002). Victimless Crimes (Cjp). Illustrated ed: Infobase Publishing. Hardaway, R.M. (2003). No Price Too High: Victimless Crimes and the Ninth Amendment. Greenwood Publishing Group. Veneziano, C.A. Victimless Crimes. Retrieved June 9, 2012 from: http://cstl-hhs.semo.edu/cveneziano/victimless%20crimes.htm Read More