Public Order Crimes: Law, Morality, and Controversial Practices

1. Chapter 13 Public Order Crimes

2. Law and Morality • Debating Morality • Scholars argue pornography, prostitution, and drug use erodes the moral fabric of society. • What is offensive to some is accepted by others • Influence of cultural values help regulate definitions of morality

3. Law and Morality • Social Harm • Certain behaviors run contrary to social norms, customs, and values (I.E. Prostitution) • The “seven deadly sins” are not illegal (lust, gluttony, avarice, sloth, envy, pride, or anger) • Acts viewed as being illegal are viewed as a threat to morality and referred to as public order crimes

4. Homosexuality • “Gaybashing” is a term used to describe violent acts directed at people because of their sexual orientation • Homosexuality refers to erotic interests in members of one’s own sex • Attitudes toward Homosexuality • Sodomy (biblical prohibitions) • Homophobia refers to extreme negative overreaction to homosexuals • Fear of homosexuals is attributed to ignorance about homosexuality

5. Homosexuality • Homosexuality and the Law • Homosexuality is no longer a crime in the U.S. (Robinson v. California) • Defense of Marriage Act declared that states are not obligated to recognize same-sex marriages performed in other states (1996) • Military policy of “don’t ask, don’t tell”

6. Homosexuality • Is the Tide Turning? • Surveys reveal the majority of Americans support equality for same-sex couples • Recent Supreme Court decisions illustrate the changing attitudes toward the gay lifestyle (Romer v. Evans and Lawrence v. Texas) • Immoral acts are distinguished from crimes based on the social harm they cause

7. Homosexuality • Moral Crusaders • Vigilantes held a strict standard of morality in the early West • Public order crimes are often shaped by moral crusaders (moral entrepreneurs) who suggest their way is righteous • Acts are illegal because they violate the moral standards of those in power and those who try to shape public opinion

8. Paraphilias • Bizarre or abnormal sexual practices involving recurrent sexual urges focused on: • Nonhuman objects (i.e. underwear or shoes) • Humiliation or the experience of receiving or giving pain (sadomasochism) • Children or others who cannot grant consent

9. Paraphilias • Outlawed Sexual Behaviors • Asphyxiophilia: oxygen deprivation for enhancement of sexual gratification • Frotteurism: rubbing against or toughing a nonconsenting person in a crowd • Voyeurism: spying on a stranger who is disrobing or engaged in sexual behavior • Exhibitionism: sexual pleasure from exposing genitals • Sadomasochism: pleasure derived from receiving or inflicting pain • Pedophilia: pleasure from sexual activity of prepubescent children

10. Prostitution • Is defined as granting nonmarital sexual access, established by mutual agreement for money • Incidence of Prostitution • Number of arrests for prostitution has been declining (80,000 annually) • Changes in sexual mores • Prevalence of sexually transmitted diseases

11. Prostitution • International Sex Trade • Soaring demand for “sex tourism” in developing countries • Traffickers from Southeast Asia and Eastern Europe may import up to 50,000 women and children into the U.S. yearly

12. Prostitution • Types of Prostitutes • Streetwalkers: (lowest paid and most vulnerable) • Bar girls: (B-girls spend their time working out of bars) • Brothel prostitutes: (supervised by a madam) • Call girls: (aristocrats of prostitution that can make up to $1,500 per night) • Escort services/Call Houses: (fronts for prostitution rings) • Circuit travelers: (groups of 2 or 3 traveling to lumbar or labor camps) • Skeezers: barter drugs for sex • Massage parlors/photo studios: fronts for prostitution • Cyber Prostitutes (Internet facilitated contact)

13. Prostitution • Becoming a Prostitute • Broken homes and sexual abuse • Poor school performance • Drug abuse

14. Prostitution • Child Sexual Abuse and Prostitution • Prostitution has been linked to sexual trauma at an early age • Children who flee the home are vulnerable to life on the streets • Many remain in the trade due to being resigned to their fate

15. Prostitution • Controlling Prostitution • Federal Mann Act (1925) • Misdemeanor punishable by a fine or short jail sentence in most states • The Violent Crime Control and Law Enforcement Act of 1994 made it illegal to travel abroad to engage in sex with a child

16. Prostitution • Legalize Prostitution? • Feminists have conflicting views (male domination to free choice) • Advocates of both views argue penalties should be reduced • Some argue legalization creates security for prostitutes

17. Pornography • Obscenity is defined as “deeply offensive to morality and decency…designed to incite to lust or depravity” • First Amendment protections • What is considered obscene today may be considered socially acceptable in the future

18. Pornography • Child Pornography • Most controversial and reprehensible of the business • “Kiddie Porn” is considered uncontested pornography and becoming widespread on the Internet • Philip Jenkins suggests enforcement efforts should be focused on the suppliers and not the users

19. Pornography • Does Pornography Cause Violence? • Most research has found little conclusive evidence of a link between violence and pornography • Some research suggest viewing pornography may actually serve as a safety valve for those with violent impulses • Some evidence suggests that pornography leads to aggression toward women (James Fox and Jack Levin)

20. Pornography • Pornography and the Law • The First Amendment protects free speech and expression • The Miller doctrine holds that the state of local jurisdiction must specifically define obscene conduct in it statute and the pornographer must engage in that behavior • Controlling Pornography • Get tough policies may actually be have a reverse effect making pornography more desirable • Zoning laws to restrict placement of businesses

21. Pornography • Technological Change • Recent reports place pornography at a $10 billion per year business • Communications Decency Act was ruled to unconstitutionally restrict free speech • The Child Pornography Prevention Act of 1996 (CPPA)

22. Substance Abuse • When Did Drug Use Begin? • Mesopotamia used opium 4000 years ago • Arabs used marijuana at the time of the Crusades • In the U.S. Morphine was used for pain • Religious creeds deemed intoxicating substances as unwholesome

23. Substance Abuse • Alcohol and Its Prohibition • Temperance movement led to the Volstead Act which defined intoxicating beverages as any having more than one-half of one percent • Prohibition failed in part due to the efforts of organized crime to supply illicit liquor • In 1933 the 21st Amendment repealed Prohibition

24. Substance Abuse • The Extent of Substance Abuse • Monitoring the Future • Drug use declined from a high point in 1980 until 1990 when it began to increase until 1996 • Marijuana is the most widely used illicit drug • About one-third of seniors report using marijuana in the prior year • National Household Survey of Drug Abuse • In 2003, 8.3 percent of the general population aged 12 or older were drug users • National Center on Addiction and Substance Abuse • Alcohol abuse begins at an early age • More than 31.5 percent of high school students admit to drinking at least once a month

25. Figure 13.1 Trends in the Annual Prevalence of Teenage Illicit Drug Use

26. Substance Abuse • Casa Survey • Teens who are sexually active are more likely to drink, more likely to get drunk, more likely to have tried marijuana, and more likely to smoke • Teens who spend 25 hours a week or more with boyfriends/girlfriends are more likely to drink, get drunk, have tried marijuana, and more likely to smoke • Girls with boyfriends two or more years older are more likely to drink, get drunk, have tried marijuana, and more likely to smoke • Are the Surveys Accurate? • Drug users may boast about their behaviors • NSDUH misses people who are homeless, in prison, or drug rehabilitation

27. Figure 13.2 Past Year Illicit Drug or Alcohol Dependence or Abuse by Age and Gender: 2003

28. Substance Abuse • Weblink www.casacolumbia.org

29. Substance Abuse • AIDS and Drug Use • Widespread habit of needle sharing among IV users • Threat of AIDS has less effect on changing the behaviors among the poor, high school dropouts, and other disadvantaged groups • Recently observed decline in drug abuse may be restricted to one segment of the population

30. Substance Abuse • The Causes of Substance Abuse • Subcultural view: lower-class addiction • Psychological view: impaired cognitive functioning and personality defects • Genetic factors: parental biological heritage • Social learning: observing parental drug use • Problem behavior syndrome: maladjusted and emotionally distressed • Rational choice: enjoy getting high • Gateway drugs: Research may not support this view

31. Substance Abuse • Types of Drug Users • Adolescents who distribute small amounts of drugs • Adolescents who frequently sell drugs • Teenage drug dealers who commit other delinquent acts • Adolescents who cycle in and out of the justice system • Drug-involved youth who continue to commit crimes as adults • Outwardly respectable adults who are top-level dealers • Smugglers • Adult predatory drug users who are frequently arrested • Adult predatory drug user who are rarely arrested (winners) • Less Predatory drug-involved adult offenders • Women who are drug-involved offenders

32. Substance Abuse • Drugs and Crime • Research suggests a link between drug use and crime such as domestic assault, armed robbery, and homicide • User surveys indicate that youths who abuse alcohol are most likely to engage in violent behavior in their life course • Surveys of prison inmates indicate nearly 80 percent are lifelong substance abusers • The direction of the drug link is uncertain (drugs lead to crime or crime leads to drug)

33. Substance Abuse • Drugs and the Law • In 1914 the Harrison Narcotics Act restricted the importation, and sale of opiates except for medicinal purposes • Narcotic is defined as any drug that produces sleep and relieves pain • Various federal laws have attempted to increase penalties for drug smugglers and limit the manufacture of newly developed substances (Controlled Substances Act 1984)

34. Substance Abuse • Drug Control Strategies • Source Control: aimed at importation • Interdiction Strategies: interception at the borders • Law Enforcement Strategies: aimed at large scale drug rings • Punishment Strategies: deterrence through harsh punishment • Community Strategies: community programs to restore a sense of civil justice • Drug-Testing Programs: testing of employees • Treatment strategies: intensive therapy efforts • Employment programs: vocational rehabilitation and work support programs

35. CNN Clip - Prescription Drugs Online

36. Substance Abuse • Drug Legalization • War against drugs has expensive ($500 billion over the past 20 years) • Banning drugs creates networks of manufacturers much like Prohibition (Ethan Nadelmann) • If legalized, drugs could be controlled and regulated by the government • Crime rate would likely drop as users no longer need less cash to support their habit • Some suggest legalization might increase drug usage based on availability