Understanding Victimless Crimes: Homosexuality, Prostitution, and Substance Abuse - Prof. , Study notes of Criminology

Download Understanding Victimless Crimes: Homosexuality, Prostitution, and Substance Abuse - Prof. and more Study notes Criminology in PDF only on Docsity! Outline for Chapter 14 I. Law and Morality A. Debating morality 1. So called victimless crimes are prohibited because one of the functions of criminal law is to express a shared sense of public morality B. Social harm 1. Immoral acts can be distinguished from crimes on the basis of the social harm they cause 2. Acts believed to be extremely harmful to the public are outlawed; those which only harm the actor are tolerated C. Moral crusaders 1. Vigilantes 2. Moral crusaders/entrepreneurs a. Take on issues such as prayer in school, the right to legal abortion, and the distribution of sexually explicit books and magazines b. Risk engaging in immoral conduct trying to protect society from those considered immoral II. Homosexuality A. Erotic interest in members of one’s own sex B. Homosexuality 1. An adult motivated by a definite preferential erotic attraction to members of the same sex and who usually (but not necessarily) engage in overt sexual relations with them 2. Today there are more than 600,000 gay partnerships C. Attitudes toward homosexuality 1. Throughout history, homosexuals have been the subjects of discrimination, sanction, and violence 2. Sodomy: deviant sexual intercourse 3. Bible forbids homosexuality 4. Gay bashing remains a common occurrence around the world 5. Homophobia D. Homosexuality and the law 1. No longer a crime in the US 2. Military: “don’t ask, don’t tell” policy E. Is the tide turning? 1. Increased social tolerance 2. Many support gays in the military, as well as equal housing, employment, inheritance rights, and social security benefits for same sex couples 3. Lawrence v. Texas (2003) made it impermissible for states to criminalize oral and anal sex; prohibited sodomy, deviant sexuality, and buggery laws III. Paraphilias A. Bizarre or abnormal sexual practices involving recurrent urges focused on: 1. Nonhuman objects 2. Humiliation or the experience of receiving or giving pain 3. Children or others who cannot give consent 4. Outlawed sexual behavior includes: a. Transvestite fetishism b. Asphyxiophilia- intentionally cutting off oxygen to the brain for sexual arousal c. Frotteurism- rubbing one's body against others without their consent d. Voyeurism- peeping tom e. Exhibitionism- flashing someone f. Sadomasochism- inflicting pain or humiliation on someone g. Pedophilia- sexual attraction to children IV. Prostitution A. Prostitution is the granting of nonmarital sexual access for remuneration, established by mutual agreement between prostitutes, their clients, and their employers B. Incidence of Prostitution 1. UCR indicates that about 80,000 prostitution arrests are made annually C. International sex trade 1. Sex tourism: men from wealthy countries frequent needy nations in order to procure young girls forced or sold into prostitution 2. It is estimated that 50,000 women and children are illegally imported into the US annually D. Types of prostitutes 1. Streetwalkers 2. Bar girls 3. Brothel prostitutes- house where men can visit prostitutes 4. Call girls 5. Escort services/call houses a. Escort services are usually fronts for prostitution rings b. Call houses: madams receive calls and arrange for prostitution service 6. Circuit travelers 7. Skeezers 8. Massage parlors/photo studios 9. Cyber prostitutes E. Becoming a prostitute 1. Prostitutes often come from troubled homes 2. Most prostitutes grew up with absent fathers 3. Conflict with school authorities, poor grades 4. Drug abuse 5. Psychological disturbance 6. Child sexual abuse and prostitution: a. Drinking alcohol may reflect an oral fixation b. Weak ego c. Low tolerance for frustration d. Anxiety e. Fantasies of omnipotence 3. Genetic factors a. Children whose parents are substance abusers may have a greater chance of developing a problem than children of nonusers 4. Social learning a. Drug abuse may result from observing parental drug use 5. Problem Behavior Syndrome (PBS): for some, substance abuse is one of many social problems 6. Rational choice: some use drugs and alcohol to enjoy the effects G. Is there a drug gateway? 1. Most people fall into drug abuse slowly, beginning with alcohol and following with marijuana (gateway drugs) and then more serious drugs H. Types of drug users 1. Adolescents who distribute small amounts of drugs: stash dealers 2. Adolescents who frequently sell drugs 3. Teenage drug dealers who commit other delinquent acts 4. Adolescents who cycle in and out of the justice system 5. Drug involved youth who continue to commit crimes as adults 6. Outwardly respectable adults who are top level dealers 7. Smugglers: import drugs into the US a. Generally are middle aged men with strong organizational skills, established connections, capital to invest and a willingness to take large business risks 8. Adult predatory drug users who are frequently arrested a. Getting arrested, doing time, using multiple drugs, and committing predatory crimes are a way of life b. Become street junkies 9. Adult predatory drug users who are rarely arrested a. Commit hundreds of crimes each year and are rarely arrested b. Sometimes referred to as stabilized junkies 10. Less predatory drug-involved adult offenders a. Petty criminals who avoid violent crime 11. Women who are drug-involved offenders a. Often involved in prostitution and low level drug dealing I. Drugs and crime 1. Research indicates an association between drug use and crime 2. User surveys indicate that people who take drugs have extensive involvement in crime 3. Surveys of known criminals: testing known criminals to determine the extent of their substance abuse a. 80% of prison inmates are lifelong substance abusers 4. The drug/crime connection: strong association a. Police may apprehend muddle-headed substance abusers more than clear-thinking abstainers b. Most criminals are substance abusers c. Drug use weakens the social bond that leads to antisocial behavior J. Drugs and the law 1. Pure Food and Drug Act of 1906 required manufacturers to list the amounts of habit forming drugs in their products on product labels but did not restrict their use 2. Harrison Narcotics Act of 1914 restricted importation, manufacture, sale, and dispensing of narcotics a. 1922: revised to allow importation of opium and coca leaves for qualified medical practitioners 3. Marijuana Tax Act of 1937 required registration and tax payment by all who imported, sold, or manufactured marijuana 4. Boggs Act of 1951 provided mandatory sentences for violating federal drug laws 5. Durham-Humphrey Act of 1951 made it illegal to dispense barbiturates and amphetamines without a prescription 6. Narcotic Control Act of 1956 increased penalties for drug offenders 7. Drug Abuse Control Act of 1965 set up stringent guidelines for the legal use and sale of mood modifying drugs 8. Comprehensive Drug Abuse Prevention and Control Act of 1970 set up unified categories of illegal drugs and associated penalties with their sale, manufacture, or possession 9. The 1984 Controlled Substances Act set new stringent penalties for drug dealers 10. The Anti-Drug Abuse Act of 1986 set new standards for minimum and maximum sentences for drug offenders 11. Anti-Drug Abuse Act of 1988 created national drug policy under a “drug czar,” set treatment and prevention priorities and imposed the death penalty for drug-related killings K. Drug control strategies 1. Source control: deter drug sales and importation through the apprehension of dealers and enforcing laws with heavy penalties 2. Interdiction strategies: using Border Patrol and military personnel to intercept drug suppliers as they enter the country 3. Law enforcement strategies: local, state and federal law enforcement agencies fighting actively against drugs 4. Punishment strategies: courts can severely punish known drug dealers and traffickers 5. Community strategies: citizens and local community groups fighting against drugs a. Law enforcement efforts b. Civil justice system c. Community based treatment efforts d. Activities to enhance the quality of life improve interpersonal relationships and upgrade the neighborhood’s physical environment 6. Drug testing programs: employees, government workers, and criminal offenders; programs are believed to deter substance abuse 7. Treatment strategies a. Treatment programs b. Detoxification units c. Therapeutic programs 8. Employment programs: research indicates that abusers who obtain and maintain employment will end or reduce the incidence of their substance abuse L. Drug legalization 1. Decriminalization of restricted drugs because the so called “war on drugs” is expensive, costing more then $500 billion over the past 20 years —money that could have been spent on education and economic development 2. The government would control price and distribution 3. The consequences of legalization: a. Short term effect would reduce the association of drug use and crime b. Legalization might increase the nation’s rate of drug usage c. Drug users might increase their daily intake 4. Lesson of alcohol: the problems of alcoholism should serve as a warning of what can happen when controlled substances are made readily available *YOU WILL FIND THE GLOSSARY IN THE "FINAL MATERIALS" FOLDER W/ALL THE TERMS NEEDED FOR THE FINAL ON ANGEL