...peer’s view of what constitutional principles should guide policy on victimless crimes? Why/why not? ◦ How does your view differ from that expressed in your peer’s post? WHAT HE SAID: William Kiatta The book states that "victimless crimes" are, "the act among willing adults that violate some moral principle supported by the dominant forces in society constitute a substantial fraction of crimes." With this being said, I do not believe in "victimless crimes" such as drug trafficking, drug use, and prostitution. Victimless crimes such as gambling, homosexual acts, and sodomy should be guided by the 10th admendment. The 10th amendemnt pretty much states that the power not granted in the constitution by the U.S. is up to each individual state to make it a law or not. This is good because each states sees "victimless crimes" differently. The Constitution has more of a commutarian view on "victimless crimes". The situation in this discussion says that some victimless crimes were prostitution, drug trafficking, and drug use. These three examples are illegal in every state. I do not believe the constituion supports these acts. People are arrested everyday for these reasons and it is for our protection. If it were up to people to decide wether or not to do this there would be more prostituion, more drug use and more drug trafficking. This would cause higher spread of diseases and crime rate. "the use of illegal drugs is often associated with murder, rape, robbery, aggravated assoult...
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...12/8/2012 Criminal Law Victimless Crimes In our society there are many different types of crimes. There are crimes, in which victims are involved such as assault and battery, armed robbery, and murder. Then there are crimes known as victimless crimes. Victimless crimes are crimes in which victims aren’t involved such as prostitution, drug abuse, and white collar crimes. What constitutes a victim though? The exact definition of victim is, a person harmed, injured, or killed as a result of a crime, accident, or other event or action. Taking this in, is victimless crimes truly victimless? In my eyes, no they aren’t. Throughout this paper I will give my point of view of why victimless crimes are not truly victimless. The rate of the abuse of drugs is constantly rising. “In 2010, an estimated 22.6 million Americans aged 12 or older, or 8.9 percent of the population, had used an illicit drug or abused a psychotherapeutic medication (such as a pain reliever, stimulant, or tranquilizer) in the past month. This is up from 8.3 percent in 2002. The increase mostly reflects a recent rise in the use of marijuana, the most commonly used illicit drug” (National Institute on Drugs). Drug abuse kills about 200,000 people worldwide each year, according to a new United Nations (UN) report. These people who have died from some type of abuse of a drug does not include in the numbers of people who have died from the violence of drugs. Looking at the war on drugs in just Mexico alone, “Over...
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...The topic of prostitution and drug use has been an ongoing battle over the decriminalization of these so called victimless crimes. They are both correlated to sociological factors, such as, race, gender, socioeconomic standing and age, which, increases the likelihood of becoming involved in prostitution and illegal drug use. They are correlated to each other because prostitution is a means of income to support drug use and drug use is used to make a prostitutes work “bearable”. This paper will discuss in detail, prostitution and illicit drug use, including the contributions of sociological variables. Furthermore, it will distinguish whether the two are truly victimless crimes. Finally, it will include a personal opinion regarding the decriminalization of drug abuse and prostitution. Prostitution is associated with sexual services for hire. Lyn Stankiewicz Murphy defined prostitution as “a behaviour that involves the exchange of sexual services for economic compensation in the form of drugs, money, or needed resources” (2010, p.775). There are several types of prostitutes that are based on their status. From lowest status to highest, they are: streetwalkers, bar prostitutes, house prostitutes, massage-parlour prostitutes and escort service prostitutes. Streetwalkers are those who solicit their availability on the streets and are most often ran by pimps. Bar prostitutes work in bars and lounges, while house prostitutes “operate illegally and on a small scale” and are “managed...
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...What are public order crimes, and how are they different from violent and property crimes? Explain how moral entrepreneurship affects the public perception of morality and thus the creation of new "public order crimes." Answer: Public order crimes are crimes against the public consensus of morality. Sometimes public order crimes are called victimless crimes, as there is no clear victim that can be identified. A crime against the public order is quite different than a crime against a person. Violent and property crimes are a direct victimization against a person. The victim has been affected by violence and the act has caused a loss of something of value. Moral entrepreneurs can be individuals or may belong to a group, or formal organization that takes on the responsibility of persuading society to develop or to enforce new rules that are consistent with its own ardently held moral beliefs. They tend to be rule creators by crusading for the passage of rules, laws, and policies against behaviors they find abhorrent or as rule enforcers by administering and implementing them. Although these are different and distinct roles, the effect of moral entrepreneurship, according to Howard Becker who coined the term, is the formation of a new class of outsiders whose behavior now violates these newly minted regulations and therefore is subject to the degrading label of “deviant.” 2. Why are public order crimes called "victimless crimes?" Take either drug abuse or prostitution...
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...functionalism, conflict, feminist, and social interactionism, the conflict perspective can explain why women, African-Americans, youth, and low-income people have the highest rates of violent crime victimization and exploitation. For instance, a result of criminalization of “victimless crimes” such as prostitution is one less way for people to make money. Some critics even believe it’s a waste to punish perpetrators of victimless crimes. The criminalization of victimless crimes can be seen as a way for people in power to remain in power; thus putting women and low-income people at a disadvantage. Victimless crimes also can demonstrate another argument of the conflict perspective; crime is a way to define and perceive one’s social status. How one is treated by law enforcement is a way for society to view and label a person. Because the law deems drug use, gambling, and other mala prohibit as “crimes,” people who partake those activities can be seen as low-lives, thugs, inappropriate, or other negative things. They are also controllable by the power elite, and it can be said that those in power create policies and laws in order to preserve their own power. Conflict creates and maintains group solidarity by defining and utilizing boundaries between groups; when society defines a crime and judges the people who commit them, the lines are drawn and power is upheld by those who make the labels. However, some people are forced to do these things because of low finances and other...
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...The 3 elements of a crime would be guilty, is reckless behavior or violations, for instance, that would be on page 71-73 on Crime Justice today. It was about the Criminal Act (Actus Reus) which is the first feature of any crime in some kind of act of violation of the law. Next on 71-73 would on Crime Justice Today, would be a guilty mind (Mens Rea), which is the second component of the crime, This term means “guilty mind,” Which is referring to the defendant's specific mental state at the time the behavior in question occurred. Next, of 71-73 on Crime Justice, today would be the reckless behavior which is when activity increases the risk of harm to other people. Furthermore, the features of a crime is described in page 74-75 on Crime Justice Today would be...
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...which has manifested itself in a variety of forms across different societies.” Is prostitution a victimless crime? A victimless crime is defined by the Oxford English dictionary as a legal offense in which all parties consent and no party is injured . Due to this definition, it can be difficult for individuals to come to a definitive conclusion as to whether or not prostitution is in fact a victimless crime. On the one hand, the prostitute should be willing to complete her job, as it can be thought that it was her choice to join the profession. Trafficking and coercion are not fundamentally part of prostitution; they are separate crimes which are unable to be thought of as victimless. When prostitution is carried out in a safe and consensual environment, neither the solicitor nor the customer are being forced into the activity, and neither party is injured. However, others will argue that trafficking and coercion are almost always part of prostitution, and in that case the solicitor is an injured party and prostitution cannot be thought of as a victimless crime. A study was carried out by Wilson, Cullen, Latessa and Wills in 1985, which examined police officers in a small, Midwestern American city and their attitudes towards victimless crimes through the use of questionnaires. It was reported that officers felt not that prostitution was a serious problem, but that it was a gateway crime into more serious offences (such as trafficking). Additionally, Wilson explained that the male...
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...GED 216 Sociology Unit Exam 3 Click Link Below To Buy: http://hwcampus.com/shop/ged-216-sociology-unit-exam-3/ 1. Edwin Lemert described “primary deviance” as a. the most serious episodes of deviance. b. actions that parents define as deviant. c. a passing episode of deviance that has little effect on the person’s self-concept. d. the experience of deviance early in life. 2. His friends begin to criticize Marco as a “juice-head,” pushing him out of their social circle. Marco begins to drink even more, becomes bitter, and joins a new group of friends who also are heavy drinkers. According to Lemert, Marco’s situation illustrates a. the onset of primary deviance. b. the onset of secondary deviance. c. the formation of a deviant subculture. d. the onset of retreatism. 3. What concept did Erving Goffman use to refer to a powerful and negative label that greatly changes a person’s self-concept and social identity? a. a deviant ritual b. a degradation ceremony c. a secondary identity d. stigma 4. The concept “retrospective labeling” refers to the process of a. interpreting someone’s past consistent with present deviance. b. defining someone as deviant for things done long before. c. criminal adults encouraging their children to become deviant. d. predicting someone’s future based on past deviant acts. 5. Thomas Szasz made the controversial assertion that a. deviance is only what people label as deviant. b. most people in the United States will...
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...In this paper the student will describe the roles and functions of the prosecutor, defense attorney, criminal, and victim in the criminal justice system. The student will then summarize the affects of victimization on each role. Also, the following questions will be answered by the student: What are the goals of sentencing associated with each role, and what are the goals of alternative sanctions? Finally, the student will discuss personal recommendations regarding victims’ rights. The main role of the prosecutor is to get a state conviction in criminal proceedings. At times of private practice, present a case in defense of the victim and other parties wronged by a criminal. Also, the prosecutor must prove without question that the defendant is the one at fault. The prosecutor at times, seeks to resolve the case with a plea bargain. The plea bargain is a prosecutions best tool. The plea bargain closes the case as quickly as it opened, and the prosecution team gets win without having to rely on a jury or argument. The main role of the defense attorney is to come to the aid of the accused and provide a competent defense or defenses to prove the innocence of the accused. During the plea bargain the defense attorney is trying to get the best deal for the client being represented by the defense. The plea bargain is a good tool for the defense as well. Even though the pea bargain can count as a lose the defense attorney secures two objectives with it. First objective is the...
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...they are at certain times throughout the day. There is no definite answer to the questions previously posed. Deviant behavior is a part of every society, but is it a necessary part of society and what causes it? There are many theories on what may cause deviance, but no single one is correct. This deviant and criminal behavior is what led to the emergence of certain laws, and it is these laws that govern the punishment for the crime. Felony crimes in the United States can range from murder to burglary, both come with penalties of imprisonment. There are four main goals of imprisonment, one of which is rehabilitation. The statistics show that this goal of rehabilitation is not being achieved because inmates being released have a high rate of committing a crime within three years. Is imprisonment the proper punishment for certain crimes? I pose the following questions for discussion: What makes for deviant behavior and what are the theories behind deviance? What type of crimes exist in the United States? What parts of the court and prison system are effective, and which parts are ineffective? 1. What makes for deviant behavior, and what are the theories behind deviance? Truthfully, deviance is only in the eyes of the beholder. In India it is considered a highly sexual act to kiss your loved one and is only done in the confines of privacy. If someone...
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...Pros and Cons of Legalizing Drugs In a study for the Cato Institute, Jeffrey A. Miron, senior lecturer on economics at Harvard University and a senior fellow at Cato, and Katherine Waldock, professor of economics at New York University, estimate that legalizing drugs would save the government approximately $41.3 billion annually on expenditures related to the enforcement of prohibition. Legalization would reduce state and federal deficits by eliminating expenditure on prohibition enforcement, arrests, prosecutions, and incarceration and by allowing governments to collect tax revenue on legalized sales. Many people are concerned that the legalizing of soft drugs such as marijuana would lead to the legalizing of other harder drugs such as cocaine, heroin, or even crack. Stoned driving and other dangers would be increased. Marijuana use isn't truly a "victimless crime" when you consider all the crimes that may be committed when the user is under the influence of the drug. Drunk driving is still a major problem in our society despite all the education and stiff penalties. "Driving high" would be even harder to detect. Unless the user has been smoking in the car, there isn't as distinctive of a smell as there is with alcohol. Also, there's always the possibility that the lapse in judgment caused by drug use will lead to harder crimes like rape or robbery. Legalization would increase the chances of the drug falling into the hands of kids. Even unhealthy legal items such as cigarettes...
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...Controlling Organized Crime University of Phoenix CJA/384 March 20, 2012 Jessica Vesey Controlling Organized Crime Law enforcement agencies have always tried to control criminal organizations because when these organizations have strength in numbers it is difficult for agencies to get a handle on their activities and keep them from expanding further. The larger the organization the harder it is to monitor and control their behavior. Criminal organizations gain strength during times of economic hardship; one major example of this would be during the time of Prohibition. During that time whomever had the alcohol had the power and this was a time that organized crime flourished because they offered people that cooperated with them a part of the profits from this lucrative partnership. As long as there are situations in which a person or group can make more money doing something illegal, no matter what the risk, those people will take advantage of the situation to gain as money and power as possible. Especially since many of these organizations know that law enforcement agencies are limited on what they can and cannot do when it comes to breaking down the structure of the criminal organization. The best ways to try and control these organizations and stop them from continuing such illegal activities would be to establish harsher punishments and create a no tolerance policy for such organizations; while allowing agencies the ability to infiltrate the suspected organization...
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...trafficking, happens only in underdeveloped and developing countries that exist in Asia or Africa, but the truth is that it can happen anywhere and to anyone. In Texas, human trafficking is condoned and children are placed in harmful conditions because people view sex-based offenses as victimless crimes. Most Americans view sex trafficking as a foreign, third world problem because they believe America is safe and sheltered from it. But the reality is that it happens in the United States too, especially in large populated states such as Texas. Since Texas has countless busy forms of transportation available, it “has been considered a top 3 major hub state for...
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...Legalizing Marijuana Marijuana is one of the most common “soft drugs” used in the United States. It is usually smoked but it can be cooked and eaten. 32% of high school seniors and 11% of eighth graders have admitted to using marijuana. Some of the “pros” for legalizing marijuana are: It can be a good source of additional tax revenue since an enormous amount of money is raised through government taxation of cigarettes and alcohol, so marijuana would create another item that can be taxed. Police and the courts would be freed up for more serious crimes such as terrorism, harder drugs, rape, murder, and so on. In addition, an already overloaded civil court docket would be improved; thus, the wait time for other cases would be reduced and the cost for public defenders, prosecutors, judges, juries, and court reporters would go down and there would be more room in prisons for more violent or harder crime defendants and there would be less of a chance of them getting out early due to overpopulation in the prisons. Drug dealers would lose most, if not all, of their business because legalization would lower prices and open up for competition; thus, drug cartels (which could include terrorists) would lose all or some of their customers. Legalizing marijuana would create proper means to settle disputes in purchasing marijuana. You can contact your lawyer or the police if a purchase goes wrong instead of dealers and buyers taking it into their own hands if...
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...What is the first thought that comes in your mind when the word “crime” comes up? Thievery, murder or possession of illegal drugs. Would you think of prostitution? Prostitution is considered a crime in 74% of the countries in the world, Taiwan is one of them. This may not seem like news because prostitution is considered an inappropriate and immoral act nowadays. However, prostitution is a necessary job to some individuals. Prostitution is only considered inappropriate because it is dangerous and illegal. However, if prostitution was legalized, sex workers would become protected, law enforcement sources could be saved and used in other crimes such as terrorism, and minors who are enslaved by brothels would be unleashed. Legalizing prostitution...
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